Item 2.Staff Report with Exhibits 1 through 11.Downing Oak Ct Rezone
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 02/14/2024
ITEM NO: 2
DATE: February 9, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider and Forward a Recommendation Regarding a Zone Change from
C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties
Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067,
15080, and 15081 Downing Oak Court. APNs 523-41-024, -033, -025, -032,
-026, -031, -030, -027, -029, and -028. Exempt Pursuant to CEQA Guidelines
15061(b)(3): Review for Exemption. Zoning Code Amendment Application
Z-24-002. APPLICANT: Town of Los Gatos. PROJECT PLANNER: Sean Mullin.
RECOMMENDATION:
Consider the existing and proposed zoning and forward a recommendation for approval of the
zone change to the Town Council.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: C-1 (Neighborhood Commercial)
Applicable Plans & Standards: General Plan
Parcel Sizes: 9,583 to 13,068 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Neighborhood Commercial C-1
South Residential Low Density Residential R-1:8
East Residential Medium Density Residential R-1:8 and RD
West Residential Medium Density Residential RD
PAGE 2 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
CEQA:
The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be
seen with certainty that it will not significantly affect the physical environment.
FINDINGS:
▪ The proposed zone change is Exempt Pursuant to CEQA, Section 15061(b)(3), because it can
be seen with certainty that the zone change will not impact the physical environment in
that it aligns the regulations with the existing land use and no additional development is
proposed at this time; and
▪ That the proposed zone change is consistent with the General Plan and its elements in that
the proposed zoning is consistent with the existing General Plan land use designation.
BACKGROUND:
Downing Oak Court is located on the west side of Union Avenue approximately 830 feet south
of Los Gatos-Almaden Road (Exhibit 1). 10 properties are located along Downing Oak Court and
are developed with four residential duplexes and six multi-family residential buildings (four to
six units each). The adjoining commercial property to the north is the location of the Downing
Oak Shopping Center and is designated Neighborhood Commercial and zoned C-1 (Exhibits 3
and 4). The adjoining residential properties to the east and west, along Union and Pinehurst
Avenues, are developed with residential duplexes, and are designated Medium Density
Residential and zoned RD. The adjoining residential properties to the south along Lynn Avenue
are developed with single-family residences and are designated Low Density Residential and
zoned R-1:8.
The land that is the Downing Oak Court properties was in the County prior to 1978. The
following table summarizes the evolution of the land that is now the Downing Oak Court
properties.
PAGE 3 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
BACKGROUND (continued):
Date Action
March 5, 1962 Record of survey showing the area of the subject properties as a portion
of a larger 7.310-acre parcel (Exhibit 6).
April 21, 1975 Ordinance 1212 adopted by the Town Council prezoning the area of the
subject properties as C-1, Neighborhood Commercial (Exhibit 7).
April 26, 1978 Downing Oak Subdivision recorded with the County, creating the 10
subject properties and the Downing Oak Court right-of-way (Exhibit 8).
August 21, 1978 Resolution 1978-134 adopted by the Town Council approving annexation
into the Town of the subject 10 properties and the Downing Oak Court
right-of-way (Exhibit 9).
October 16, 1978 Resolution 1978-167 adopted by the Town Council approving annexation
into the Town of the areas surrounding the Downing Oak Subdivision to
the north, west, and south (Exhibit 10).
1978 The “build date” reported by the County Assessor for the 10 buildings on
the Downing Oak Court properties.
Based on the summary above, it appears that the subdivision, annexation, and construction of
the 10 buildings on Downing Oak Court occurred in close succession and likely with overlapping
timelines. Building permits for the structures would have been issued by the County prior to
construction when the land was still in the jurisdiction of the County. When the Downing Oak
Court properties were annexed into the Town in 1978, the C-1 prezoning was not corrected to
reflect the residential duplex and multi-family residential uses. This resulted in the current C-1
zoning that is not consistent with the Medium Density Residential land use designation or the
duplex/multi-family uses on the properties.
The General Plan land use designation for the properties is Medium Density Residential, both in
the 2040 General Plan Land Use Element, adopted by Town Council on June 30, 2022 (currently
suspended pending the results of a referendum), and in the 2020 General Plan Land Use
Element that governs during the suspension period.
California Government Code Section 68560 requires that the Town’s zoning ordinance be
consistent with the adopted General Plan and requires that the zoning ordinance be amended
in the event that it is not consistent with the General Plan (Exhibit 11). Consistent with
California Government Code Section 68560, the proposed zone change would rezone the 10
properties on Downing Oak Court from C-1 (Neighborhood Commercial) to RD (Residential
Duplex) to be consistent with the General Plan.
PAGE 4 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
DISCUSSION:
The proposal would change the zoning of the subject properties from C-1 (Neighborhood
Commercial) to RD (Residential Duplex). The C-1 zone is intended for retail, service, and
administrative activities which are oriented to the day-to-day needs of the residents of the
Town. The C-1 zone does not allow for residential uses. The RD zone is intended for low-
density, multiple-dwelling areas compatible with single-family dwelling areas. The RD zone
provides for the following uses:
• Single-family dwelling.
• Two-family dwelling
• Family daycare home.
• Residential care facility, small family home.
The properties on Downing Oak Court were prezoned C-1 in 1975, prior to the completion of
the subdivision, annexation, and multi-family structures in 1978. The existing duplex and multi-
family residential development was approved by the County prior to annexation and
subdivision. At the time of subdivision with the development already underway, the gross
density was 11.6 dwelling units per acre (inclusive of the dedicated rights-of-way), and the net
density was 14.7 dwelling units per acre (excluding the dedicated rights-of-way). The existing
duplex and multi-family residential development on each of the 10 properties became legal
nonconforming upon annexation into the Town with the continuation of the C-1 zoning, which
does not allow for residential uses. The gross density of the subdivision complies with the
Medium Density Residential General Plan designation of five to 12 dwelling units per acre,
while the net density exceeds this range, as do the densities of six of the 10 properties. The
following table summarizes the existing development for each property.
Address
Lot Size
(Square Feet)
Lot Size
(Acre)
Dwelling
Units
Density
(du/acre)
15025 10,454 0.24 4 16.7
15039 10,454 0.24 4 16.7
15053 10,454 0.24 4 16.7
15067 10,890 0.25 4 16.0
15081 12,632 0.29 6 20.7
15080 13,068 0.30 6 20.0
15066 9,583 0.22 2 9.1
15054 9,583 0.22 2 9.1
15040 10,019 0.23 2 8.7
15026 9,583 0.22 2 9.1
PAGE 5 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
DISCUSSION (continued):
The properties are surrounded by commercial, low density single-family residential, and
medium density duplex residential uses; no high-density uses are adjacent to the properties.
The proposed zone change to RD would be consistent with the existing Medium Density
Residential land use designation and would not require an amendment to the General Plan.
The RD zoning would allow the four properties developed with duplexes to become
conforming, while the remaining six would remain legal nonconforming. Town Code Section
29.10.195 allows for nonconforming residential uses to continue interminably. Additionally,
should a nonconforming multi-family building be destroyed, Section 29.10.260 allows the
nonconforming multi-family dwelling to be reconstructed on the same foundation, with the
same number of units, in substantially the same manner as it existed before its destruction.
Therefore, the zone change from C-1 to RD will not result in additional burden on the property
owners relative to the nonconforming status of the structures. Conversely, the zone change to
RD would clear the way for accessory residential uses, including Accessory Dwelling Units
(ADUs), consistent with that zone that are currently not allowed by State law under the
commercial zoning.
Rezoning the properties to RD would remove the commercial zoning from the properties
developed with residential uses, avoid spot zoning, and bring the zoning ordinance in line with
the land use designation consistent with State law.
ENVIRONMENTAL ANALYSIS:
The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be
seen with certainty that it will not significantly affect the physical environment.
PUBLIC COMMENTS:
On December 15, 2023, the Town contacted all Downing Oak Court property owners and
occupants, as well as those within 300 feet, to inform them that the Town intended to rezone
the subject properties and that a stakeholders meeting would be held in January. On January
24, 2024, a stakeholders meeting was held at Union Middle School. Several attendees joined
staff to discuss the rezoning and ask questions.
In preparation for the February 14, 2024 Planning Commission meeting, notice was sent to all
Downing Oak Court property owners and occupants, as well as those within 300 feet. At the
time of this report’s preparation, the Town has not received any public comment.
PAGE 6 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
CONCLUSION:
A. Summary
The proposal would change the zoning of the subject properties located on Downing Oak
Court from C-1 (Neighborhood Commercial) to RD (Residential Duplex). The proposed zone
change would be consistent with the Medium Density Residential land use designation in
the General Plan and the existing adjacent pattern of land uses and zones. The proposed
zone change would remove the commercial zoning from the properties developed with
residential uses, avoid spot zoning, and bring the zoning ordinance in line with the land use
designation as consistent with State law.
B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the
existing and proposed zoning and forward a recommendation for approval of the zone
change to the Town Council. If the Planning Commission finds merit with the proposed
amendments, it should:
1. Make the finding that the proposed zone change is exempt pursuant to CEQA, Section
15061(b)(3), because it can be seen with certainty that it will not significantly affect the
physical environment in that it aligns the regulations with the existing land use and no
additional development is proposed at this time (Exhibit 2); and
2. Make the required finding that the proposed zone change is consistent with the General
Plan and its elements in that the proposed zoning is consistent with the existing General
Plan land use designation (Exhibit 2); and
3. Forward a recommendation of approval of Zone Change Application Z-24-002 to the
Town Council.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction;
2. Provide a recommendation for denial to the Town Council providing findings for denial.
PAGE 7 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
EXHIBITS:
1. Location Map
2. Draft Ordinance for the Zone Change, with Exhibit A
3. Existing General Plan Land Use Designation Map
4. Existing Zoning Map
5. Proposed Zoning Map
6. Record of Survey (143M33), dated March 5, 1962
7. Ordinance 1212 - Prezoning of Lands including future Downing Oak Ct, dated April 21, 1975
8. Downing Oak Subdivision (417M19 Tract 6214), recorded April 26, 1978
9. Resolution 1978-134 - Annexation Downing Oak Court, adopted August 21, 1978
10. Resolution 1978-167 - Annexation of Areas Surrounding Downing Oak Court, adopted
October 16, 1978
11. California Government Code Section 68560
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LYNN AVPINEHURST AVUNION AVTHOMAS DRDOWNING OAK CT
15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court
0 0.250.125
Miles
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Update Notes:
- Updated 12/20/17 to link to tlg-sql12 server data (sm)
- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label
- Updated 10/8/20 to add street centerlines which can be useful in the hillside area
- Updated 02-19-21 to link to TLG-SQL17 database (sm)
- Updated 08-23-23 to link to "Town Assessor Data" (sm)
EXHIBIT 1
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1 of 2
Ordinance Council Meeting Date
EXHIBIT 2
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL)
TO RD (RESIDENTIAL DUPLEX) FOR PROPERTIES LOCATED AT
15025, 15026, 15039, 15040, 15053, 15054,
15066, 15067, 15080, AND 15081 DOWNING OAK COURT
WHEREAS, the existing C-1 zoning is inconsistent with the General Plan land use
designation for these properties; and
WHEREAS, Government Code Section 65860 requires that zoning be consistent with
General Plan land use designations; and
WHEREAS, residential uses are currently located on these properties;
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN
COUNCIL DO HEREBY ORDAIN AS FOLLOWS:
1. The Zoning Map in the Town Code of the Town of Los Gatos is hereby amended to
change the zoning of the properties at 15025, 15026, 15039, 15040, 15053, 15054,
15066, 15067, 15080, and 15081 Downing Oak Court (Santa Clara County Assessor
Parcel Numbers 523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028
respectively) as shown on the map attached hereto as Exhibit A, and is part of this
Ordinance, from C-1 (Neighborhood Commercial) to RD (Residential Duplex).
2. This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the ___ day of _____ 2024, 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 _____ 2024.
3. This ordinance takes effect 30 days after it is adopted.
4. In lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and
fifteen (15) days after adoption by the Town Council and a certified copy shall be posted
in the office of the Town Clerk, pursuant to GC 36933(c)(1).
5. The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it
can be seen with certainty that it will not significantly affect the physical environment in
that it aligns the regulations with existing land use no additional development is
proposed at this time
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
2 of 2
Ordinance Council Meeting Date
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: __________________
San Jose
San Jose
UNION AVLYNN AVPINEHURST AVTHOMAS DRDOWNING OAK CT
HOWES CT
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From:To:
Z-24-002
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:
Mayor
Date:
Ord:
§C-1RD
523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028A.P.N. #
Address:15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and
15081 Downing Oak Court
EXHIBIT A
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NeighborhoodCommercial
MediumDensityResidential
Medium DensityResidential
Low Density Residential
OfficeProfessional
MediumDensityResidential
UNION AVLYNN AV
DOWNING OAK CT
Downing Oak Court
Existing General Plan Designation
(No Changes Proposed)15025APN: 523-41-02415039APN: 523-41-02515053APN: 523-41-02615067APN: 523-41-02715081APN: 523-41-02815026APN: 523-41-03315040APN: 523-41-03215054APN: 523-41-03115066APN: 523-41-03015080APN: 523-41-029General Plan Designation Legend
Low Density Residential
Medium Density Residential
Neighborhood Commercial
Office Professional EXHIBIT 3
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C-1
C-1
R-1:8
C-1
RD RD
O
UNION AVLYNN AV
DOWNING OAK CT
Downing Oak Court
Current Zoning
15025APN: 523-41-02415039APN: 523-41-02515053APN: 523-41-02615067APN: 523-41-02715081APN: 523-41-02815026APN: 523-41-03315040APN: 523-41-03215054APN: 523-41-03115066APN: 523-41-03015080APN: 523-41-029Zoning Legend
R-1:8 - Single Family Residential
RD - Residential Duplex
C-1 - Neighborhood Commercial
O - Office
EXHIBIT 4
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C-1
RD
R-1:8
C-1
RD RD
O
UNION AVLYNN AV
DOWNING OAK CT
Downing Oak Court
Proposed Zoning
15025APN: 523-41-02415039APN: 523-41-02515053APN: 523-41-02615067APN: 523-41-02715081APN: 523-41-02815026APN: 523-41-03315040APN: 523-41-03215054APN: 523-41-03115066APN: 523-41-03015080APN: 523-41-029Zoning Legend
R-1:8 - Single Family Residential
RD - Residential Duplex
C-1 - Neighborhood Commercial
O - Office EXHIBIT 5
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EXHIBIT 6
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ORDINANCE NO,
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING ORDINANCE EFFECTING ZONE CHANGE
NO, 108 PREZONING TO R- 1.8,000, RD.8,00O,
R- M;3°12, "0 ", AND C-1.
The Town Council of the Town of Los Gatos does ordain as
follows.
SECTION 1,
The Zoning Ordinance of the Town of Los Gatos is hereby
amended to prezone the property shown on the map which is attached
hereto and is a part of this Ordinance to RT1:8,000, RDt8,000,
R- M:5 -122 I'O'k, and C-1,
SECTION 2,
The Town Clerk shall attest to the adoption of this Ordinance.
This Ordinance shall be published once in the Los Gatos Times
Saratoga Observer, a newspaper of general circulation, printed
and published in the Town of Los Gatos within fifteen (15) days
of its final passage and this Ordinance shall take effect thirty
30) days following %ts Final passage.
The above and foregoing Ordinance was duly and regularly
introduced at a meeting of the Town Council of the Town of Los
Gatos held on the 7th day of Apr 1975,
EXHIBIT 7
PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos,
California, at a regular meeting of the Town Council held on the
day of , 1975, by the following vote-,
AYES; COUNCILMEN Ruth Cannon
Mark B. DiDuca
John B. Lochner
Albert B. Smith
Egon J ensen
NOES: COUNCILMEN None
ABSENT; COUNCILMEN None
SIGNED; MAY THE WN OF LOS GATUS
ATTEST:
IrCLERK0fitE OWN 6A S
u '
2-
L-as GqATas - ALM - 1 .
0.
A TUC-AT/OH MO, 7--
WAY
tr a r ,
TOWN OF LOS G &rrOS
Zone Change P'Zomtf to rco.B, gm -51z, o W c -/ .
Change of zoning map Amending ordinance 967
Town Zoning Ordinance
Approved By Planning Commission date 3- z6 -75
Approved By Town Council date 4 ° 21-75 Ord. ) 1212
Town Clerk May ff
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EXHIBIT 8
RESOLUTION N0, 1978 -134
A RESOLUTION APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY DESIGNATED
AS UNION AVENUE NO. 2 TO THE TOWN OF
LOS GATOS
WHEREAS, on September 7, 1977, the Local Agency Formation Commission
of the County of Santa Clara, State of California, pursuant to an application
signed by al_i. of the owners of land within the territory to be annexed,
approved the annexation of that hereinafter described area, designated as
Union Avenue No. 2, to the Town of Los Gatos and authorized the .Town Council
of the Town of Los Gatos to annex said territory in the manner described
in Section 54797.1 of the Government Code of the State of California; and
WHEREAS, a petition signed by the owners of all of the land in that
area, hereinafter described and designated as Union Avenue No. 2 was filed
with the Town Clerk of the Town of Los Gatos on September 8 1977 said
area is situated in the unincorporated area of the County of Santa Clara,
is contiguous with the municipal boundaries of the Town of Los Gatos, and
at the time of the filing of said petition for annexation less than twelve
12) persons who had been registered to vote within said territory for at
least fifty -four (54) days resided within the territory;
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the Town
Council of the Town of Los Gatos, a municipal'_ corporation of the County
of Santa Clara, State of California, that pursuant to the provisions of
Section 54797.1 and Article 5, Chapter 1, Part 2, Title 3, of the Government
Code of the State of California, the annexation to the Town of Los Gatos
of that territory designated as Union Avenue No. 2 and more particularly
described in that real property description and map of said territory
1-
EXHIBIT 9
which are attached hereto, marked Exhibits "A9l
and "B", respectively,
and incorporated herein the same as if set forth at length herein, is
and the same is hereby approved, and that the same be annexed to the
Town of Los Gatos.
BE IT FURTHER RESOLVED that upon completion of these annexation
proceedings the territory annexed will be taxed in Town of Los Gatos Tax
Rate A. including taxes for existing bonded indebtedness.
BE IT FURTHER RESOLVED that the Town Clerk is authorized and is
hereby directed to prepare under seal a certified copy of this resolution,
giving the date of passage, and transmit same to the Secretary of State
of the State of California.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the
I ollowing vote:
21st day of August , 19785 by the
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John. B.
Lochner, Peter W. Siemens and Mardi Guaitieri
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
ATTEST:
2
CLERK C yTNE/ TOWN -OF LOS GATOS
2-
i ";71N (t A "CS
l NTN NC. 2 A Qi `TC''r;F;
All that eert'in real
jpropef
y 51.. u kte in t't' i -'o mty of Santa
C isray Std to o Cali i o -ii la, Lj ea Cr7' ,({ d fO t hcgs:
Beginning at the intersecHon of tba ,,es-LOrly line of "Ur ion No. ill
Annexation to the Town c Los batos ti, the hasteily pco ongaricn of
tl -)e Nor ner'-.y line of l a_t. No. 874 as said 'ra.ct is ';:Jwfl on tha'::
Record of :l! r° e _`ecoc Red in look -' 4 of IYIap s, 1'a e 40, Santa 'lava
County '-,cords, :enc 1onc id :norther.iy line of Tract No. 874
North 891431 West 428.82 feet to tl'e intersection trier'eof With the
Easterly line of ;")„ant No. 4.839, as last said' .Tract; is sho,.an on that
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NorLh ,t0191 WEsL 315 yet; Irence running parallel to said Northerly
line of Tract No, 874 South 89c431 Last 428.82 feet to the intersection
thereof with said Oesterly line of 'Union ho. 1i1 Annexation; thence
Southerly along last. said line 316 feet to the P011\11T OF BEGi NINE.
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RESOLUTION NO. 1978 -167
RESOLUTION OF APPLICATION PROPOSING CHANGE
OF ORGANIZATION -- TOWN OF LOS GATOS
ANNEXATION UNION AVENUE NO. 3
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES:
a) This resolution is a proposal made pursuant to the Municipal Organization
Act of 1977 (Stats. 1977, c. 1253, Gov. C. Sect. 35000, et sec.).
b) The proposal is for a change of organization, annexation of the territory
known as Union Avenue No. 3 to the Town of Los Gatos.
c) A metes and bounds description and a map of the territory proposed to
be annexed are attached to this resolution, marked Exhibits "A" and "B ", respectively.
d) The reason for the proposed annexation is that the territory:
1) Is 17.9 acres in area,
2) Is surrounded by the Town of Los Gatos and the City of San Jose,
and includes the entire area surrounded,
3) Is substantially developed or developing,
4) Is not prime agricultural land as defined by Government Code Section
35046, and
5) Is both receiving benefits from the Town of Los Gatos and will receive
benefit from the annexation.
e) The property has been prezoned by the Town of Los Gatos, the provisions
of the California Environmental Quality Act have been complied with, and the
proposed annexation is categorically exempt from the requirement for an environmental
impact report under the provisions of Title 14, California Administrative Code,
Section 15119.
f) Santa Clara County Local Agency Formation Commission and the Board of
Supervisors of Santa Clara County are requested to conduct proceedings for annexation
of the territory to the Town of Los Gatos.
EXHIBIT 10
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 16th day of October 1978,
by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Peter W. Siemens
and John B. Lochner
NOES
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS None
COUNCIL MEMBERS None
COUNCIL MEMBERS Mardi Gualtieri
SIGNED:
CLERK 0 HE T OF LOS GATOS
2-
EXHIBIT "A"
TOWN OF LOS GATOS
UNION AVENUE NO. 3 ANNEXATION
DESCRIPTION
All that real property situate in the County of Santa Clara, State of
California, described as follows:
Beginning at the Northwesterly corner of Blossom Hill No. 1
annexation to the Town of Los Gatos, said corner also being on
the Easterly line of Union No. 4 annexation to the City of San
Jose; thence along the Northerly line of said Blossom Hill No.
1 annexation Easterly 980 feet more or less to the intersection
thereof with the Westerly line of Union No. 1 annexation to the
Town of Los Gatos; thence along last said line North 0''1113011 East
31S feet to the Southeasterly corner of Union No. 2 annexation
to the Town of Los Gatos; thence along the perimeter of last
said annexation the following courses and distances:
North 890431 West 428.82 feet; thence
North 0 0191 West 316 feet; thence
South 89 °431 East 428.82 feet to the
intersection thereof with said Westerly line of Union No. 1
annexation; thence along last said line North 0 °1113011 244 feet
more or less to the Southeast corner of Pinehurst No. 1
annexation to the Town of Los Gatos; thence along the boundary
of last said annexation the following courses and distances:
South 89 1451 West 25.00 feet; thence
North 0 0191 West 370.05 feet; thence
on a curve to the left having a radius of 42.00 feet through an
arc of 89 0501 and a length of 65.93 feet; thence
North 89 1451 West 555.05 feet; thence
South 0 0191 East 390.00 feet; thence
Norte 89 0451 West 114.82 feet to the
intersection thereof with the Easterly line of Union No. 10 annexation
to the City of San Jose; thence along last said line Southerly 730
feec more or less to the Southeasterly corner of last said annexation;
thence along the Southerly line of last said annexation Westerly 240
feet more or less to the intersection thereof with the Easterly line
of Union Ile. 2 annexation to the City of San Jose; thence along last
said line Southerly 15 feet more or less to the Northeasterly corner
of said Union No. 4 annexation to the City of San Jose; thence
alonq the Easterly line of last said annexation Southerly 170 feet
more or less _o the point of beginning.
Containing 17.9 acres more or less.
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27-
State of California
GOVERNMENT CODE
Section 65860
65860. (a) County or city zoning ordinances shall be consistent with the general
plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent
with a city or county general plan only if both of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are compatible with the
objectives, policies, general land uses, and programs specified in the plan.
(b) Any resident or property owner within a city or a county, as the case may be,
may bring an action or proceeding in the superior court to enforce compliance with
subdivision (a). Any such action or proceeding shall be governed by Chapter 2
(commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
No action or proceeding shall be maintained pursuant to this section by any person
unless the action or proceeding is commenced and service is made on the legislative
body within 90 days of the enactment of any new zoning ordinance or the amendment
of any existing zoning ordinance.
(c) In the event that a zoning ordinance becomes inconsistent with a general plan
by reason of amendment to the plan, or to any element of the plan, the zoning ordinance
shall be amended within a reasonable time so that it is consistent with the general
plan as amended.
(d) Notwithstanding Section 65803, this section shall also apply to a charter city.
(Amended by Stats. 2018, Ch. 856, Sec. 6. (SB 1333) Effective January 1, 2019.)
EXHIBIT 11
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