Ord 2368 - Replacement Units OrdinanceORDINANCE 2368
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29, "ZONING," OF THE TOWN CODE, TO ADD DIVISION 12,
"REPLACEMENT HOUSING UNITS," TO ARTICLE I, "GENERAL"
WHEREAS, Program AU of the Town's certified Housing Element requires that the Town
adopt requirements for replacement housing units when housing units are removed from the
Town's inventory; and
WHEREAS, these requirements mirror existing state law; and
WHEREAS, state law provides that the replacement unit requirements can be adopted
by either ordinance or resolution; and
WHEREAS, staff recommends that the replacement unit requirements be adopted by
ordinance in order to ensure eligibility for state grants; and
WHEREAS, staff also recommends the adoption of replacement unit guidelines by
resolution;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Incorporation of Recitals.
The Town of Los Gatos Town Council finds that the above Recitals are true and correct and are
incorporated herein by reference.
SECTION II. Division 12, "Replacement Housing Units," is added to Article I, "General," of
Chapter 29, "Zoning Regulations," to read as follows:
"Division 12, Replacement Housing Units
Sec. 29.10.800. Replacement Unit Requirements.
(a) Replacement housing requirements are established by State Density Bonus Law [Government
Code Section 65915(c)(3)]; Housing Element Law [Government Code Section 65583.2(g)(3)], and the
Housing Crisis Act of 2019 (Government Code Sections 66300.5 — 66300.6), collectively State Replacement
Housing Law.
(b) The Town shall not approve or issue a discretionary or ministerial permit for any development
project unless the development project meets all of the requirements of State Replacement Housing Law.
(c) The Town Council may adopt by resolution Guidelines to implement State Replacement Housing
Requirements.
(d) If any section of this chapter conflicts with State Replacement Housing Law or other applicable
state law, state law shall supersede this chapter. References to state statutes, codes, or regulations include
successor provisions and new provisions containing replacement housing requirements."
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Ordinance 2368 December 17. 2024
SECTION III. California Environmental Quality Act (CEQA) Considerations.
The Town Council finds that this Ordinance is exempt from the provisions of CEQA
pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption)
because it can be seen with certainty that there is no possibility that the adoption of this
ordinance may have a significant effect on the environment, in that the ordinance
merely implements the provisions of state law and includes no provisions beyond those
included in State Density Bonus Law that may result in a direct or indirect impact on the
physical environment.
SECTION IV. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses, or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION V. Publication.
In accordance with Section 63937 of the Government Code of the State of California,
this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby
directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in
accordance with Section 36933 of the Government Code of the State of California.
SECTION VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 17th day of December, 2024, and adopted by the Town Council of the Town of
Los Gatos at its regular meeting on the 17th day of December, 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mary Badame, Rob Moore, Rob Rennie, Maria Ristow, Mayor Matthew Hudes
None
None
None
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK BF THE:TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Ordinance 2368
December 17. 2024