12 Staff Report - Rescission of 2040 Land Use and Community Design Elements with attachments
Reviewed by: Town Manager, Assistant Town Manager, Community Development Director, Finance
Director, and Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/16/2024
DATE: April 10, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt a Resolution Rescinding the Land Use and Community Design Elements
of the 2040 General Plan
RECOMMENDATION:
Adopt a resolution rescinding the Land Use and Community Design Elements of the 2040
General Plan.
BACKGROUND:
The Town adopted the 2040 General Plan in 2022. Proponents of a referendum to rescind the
Land Use Element and Community Design Element of the 2040 General Plan circulated a
petition to place a referendum on the ballot at the next general municipal election and
obtained sufficient signatures. The next general municipal election is scheduled for November
2024. Elections Code Section 9241 provides the Town Council with the option to either rescind
the referended legislation or place the referended legislation on the ballot. At its April 2, 2024
meeting, the Town Council provided direction to rescind the Land Use and Community Design
Elements of the 2040 General Plan.
DISCUSSION:
Attached is a draft resolution 1) rescinding the Land Use and Community Design Elements of
the 2040 General Plan and 2) providing that the Land Use and Community Design Elements of
the 2020 General Plan, as amended since October 2022, will remain in effect.
CONCLUSION:
The resolution would take effect upon adoption.
PAGE 2 OF 2 SUBJECT: Adopt a Resolution Rescinding 2040 Land Use and Community Design Elements DATE: April 10, 2024
COORDINATION:
This report was coordinated with the Town Manager, Community Development Director, and
Town Clerk.
FISCAL IMPACT:
Adoption of the draft resolution will not have a fiscal impact.
ENVIRONMENTAL ASSESSMENT:
The environmental impacts of the previous Land Use and Community Design Elements were
previously analyzed in the Environmental Impact Report (EIR) prepared for the 2020 General
Plan. In addition, the environmental impacts of the 2040 General Plan were analyzed in an EIR
prepared for the 2040 General Plan. Both the impacts of the 2020 Land Use Element and
Community Design Element and the remaining General Plan Elements are addressed in the EIR
prepared for the 2040 General Plan.
Attachment:
1. Draft Resolution
1 of 2
Draft Resolution Adoption Date
ATTACHMENT 1
DRAFT RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RESCINDING THE 2040 LAND USE AND COMMUNITY DESIGN ELEMENTS
WHEREAS, the Town of Los Gatos (“Town”) adopted the 2040 General Plan by
Resolution 2022-047 on June 30, 2022; and
WHEREAS, proponents of a referendum to rescind the Land Use Element and the
Community Design Element of the 2040 General Plan (the “Referendum Proponents”) have
circulated a petition; and
WHEREAS, the Referendum Proponents gathered a sufficient number of signatures on
the petition to warrant certification of the signatures by the County Registrar of Voters; and
WHEREAS, the County Registrar of Voters has certified the petition signatures; and
WHEREAS, accordingly, the referendum has qualified for inclusion on an upcoming
ballot; and
WHEREAS, Elections Code Section 9241 provides that, when a referendum has qualified
for inclusion on the ballot, the legislative body shall decide whether to rescind the referended
legislation or place the legislation on the ballot at the next general municipal election; and
WHEREAS, the Town Council has elected to rescind the referended legislation; and
WHEREAS, the previously adopted General Plan 2020 Land Use Element and Community
Design Element, as amended after October 2022, will remain in place;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
RESOLVE:
1. The 2040 Land Use Element and Community Design Element are rescinded.
2. The previously adopted Land Use Element and Community Design Element from the
2020 General Plan will apply, including all amendments adopted since October 2022
for consistency with the Housing Element.
3. The remaining Elements of the 2040 General Plan remain in effect.
4. The environmental impacts of the previous Land Use and Community Design
Elements were previously analyzed in the Environmental Impact Report (EIR)
prepared for the 2020 General Plan. In addition, the environmental impacts of the
2040 General Plan were analyzed in an EIR prepared for the 2040 General Plan.
Both the impacts of the 2020 Land Use Element and Community Design Element and
the remaining General Plan Elements are addressed in the EIR prepared for the 2040
General Plan.
2 of 2
Draft Resolution Adoption Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the ___ day of _____, 2024, by the following vote:
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: __________________