11 Attachment 1 - Draft Ordinance for the Zone Change
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Ordinance Date
DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
TO APPLY THE HOUSING ELEMENT OVERLAY ZONE (HEOZ) TO PROVIDE FOR
INCREASES TO THE ALLOWABLE DENSITY, HEIGHT, FLOOR AREA RATIO, AND LOT
COVERAGE FOR RESIDENTIAL DEVELOPMENT ON THE FOLLOWING SITE: 101 SOUTH
SANTA CRUZ AVENUE
WHEREAS, the Town of Los Gatos’ Housing Element contains a sites inventory that
identifies sites with the potential for redevelopment with housing;
WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites
identified in the sites inventory in order to encourage redevelopment with housing;
WHEREAS, the Planning Commission met on August 23, 2023, to receive public
comments and continued the item to September 13, 2023; and
WHEREAS, the Planning Commission received further public comments and
recommended approval of the application of the Housing Element Overlay Zone to the sites
identified in the Sites Inventory of the Housing Element adopted on January 30, 2023, and Draft
Revised Housing Element at its regular meeting of September 13, 2023; and
WHEREAS, the Town Council met on October 3, 2023, to hold a public hearing and
continued the item to November 7, 2023; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on November 7, 2023; and
WHEREAS, the Town Council met on November 7, 2023, to hold a public hearing and
voted to delay the rezoning of this item to a time in which there is more certainty that it will be
needed in order to certify the Housing Element; and
WHEREAS, on November 7, 2023, staff and the consultant met with the Town’s HCD
reviewer, received preliminary feedback, and was subsequently provided with a Draft
Preliminary Review Matrix on the Draft Revised Housing Element submitted to HCD on October
2, 2023; and
WHEREAS, on November 28, 2023, following the seven-day review period, the Draft
Revised Housing Element (November 2023) with modifications in response to HCD’s Draft
Preliminary Review Matrix, including addressing how submitted public comments were
incorporated into the review, if appropriate, were submitted to HCD for an interim review prior
Draft Ordinance: subject to
modification by Town Council based on
deliberations and direction
ATTACHMENT 1
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Ordinance Date
to HCD’s December 1, 2023, formal review letter deadline; and
WHEREAS, modifications to the Sites Inventory and Appendix D of the Draft Revised
Housing Element (November 2023) include the removal of the subject site, 101 South Santa
Cruz Avenue (Site A-2) to ensure that the Draft Revised Housing Element (November 2023) only
includes sites that had been rezoned with the HEOZ to meet the January 31, 2024, deadline
established by HCD for rezonings;
WHEREAS, the site could be added to a future Draft Revised Housing Element if rezoned
by Town Council; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on December 5, 2023; and
WHEREAS, December 5, 2023, the Town Council reviewed and commented on the
proposed amendments and the Town Council voted to introduce the Ordinance; and
WHEREAS, the Town Council considered all facts and information related to the request
to change the Zoning for the above mentioned properties as shown in Exhibit A; and
WHEREAS, the Town Council directed staff to add the site located at 101 South Santa
Cruz Avenue to a future Draft Revised Housing Element Sites Inventory as the additional units
will assist in meeting the Town’s 6th cycle RHNA and buffer; and
WHEREAS, the Town Council accepted the report of the Planning Commission’s
recommendation of approval for the proposed Zoning Code amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS AS FOLLOWS:
SECTION I. Findings
The Town Council finds as follows:
A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was
prepared and certified for the 2040 General Plan Update on June 30, 2022, which included
the proposed Zoning Code amendments; and
B. The zone change is consistent with the General Plan and its elements in that the proposed
zonings are consistent with the proposed General Plan land use designations; and
C. That all proceedings have been conducted in compliance with the provisions of Government
Code Section 65850 et seq.; and
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D. The Town Council considered all facts and information related to a request to change the
Zoning for the above-mentioned property as shown in Exhibit A.
SECTION II. Zoning Map of the Town of Los Gatos is hereby amended to the following:
The Housing Element Overlay Zone is hereby applied to the property at 101 South Santa Cruz
Avenue as shown in Exhibit A to this ordinance.
SECTION III. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 5th day of December 2023, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the __day of ____ 2023. This ordinance shall take effect 30 days after the date it is adopted.
The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance
with Section 36933 of the California Government Code.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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