07 Staff Report.Downing Oak Court Rezone with Attachments
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2023
DATE: March 28, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Titled “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.” 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
Amendment Application Z-24-002. Applicant: Town of Los Gatos. Project
Planner: Sean Mullin.
RECOMMENDATION:
Adopt an ordinance titled “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” (Attachment 1).
REMARKS:
On March 19, 2024, the Town Council considered and voted to introduce an Ordinance to effect
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. Adoption of the attached Ordinance (Attachment 1) would finalize that
decision.
Following the Council’s vote to introduce the Ordinance, the Council discussed a second motion
to consider future General Plan Land Use designation and Zoning amendments for medium
density residential. The Council considered the motion and voted to approve the second
motion.
PAGE 2 OF 2 SUBJECT: Downing Oak Court Rezoning/Z-24-002 DATE: March 28, 2024
ENVIRONMENTAL ASSESSMENT:
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.
ATTACHMENT:
1. Draft Ordinance for the Zone Change, with Exhibit A, for Adoption
1 of 2
Ordinance April 2, 2024
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
ZONING CODE AMENDMENT APPLICATION Z-24-002
APPLICANT: TOWN OF LOS GATOS
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.
WHEREAS, the Planning Commission at its meeting on February 14, 2024, reviewed the
proposed zone change, held a public hearing, and forwarded a recommendation of approval to
the 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 March 19, 2024; and
WHEREAS, on March 19, 2024, the Town Council accepted the report of the Planning
Commission’s recommendation of approval for the proposed zone change, held a public
hearing, and voted to introduce the Ordinance.
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on April 2, 2024.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
1. The Zoning Map 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).
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1
2 of 2
Ordinance April 2, 2024
2. This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 19th day of March 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 2nd day of April 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.
6. 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.
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 ChangePrezoning
From:To:
Z-24-002
Forwarded by Planning CommissionApproved by Town CouncilClerk Administrator Date: April 2, 2024 Mayor
Date: February 14, 2024 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, and15081 Downing Oak Court
EXHIBIT A
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