Staff Report with Exhibits 1 through 3.Zoning Code Amendments
PREPARED BY: Erin M. Walters
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: 02/12/2025
ITEM NO: 6
DATE: February 7, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on an Ordinance Amending
Chapter 29 (Zoning Regulations) of the Town Code Regarding Emergency
Shelters, Small Employee Housing, Transitional Housing, Supportive Housing,
Employee Housing, Group Homes, and Findings for Reasonable
Accommodation Requests Pursuant to Implementation Program AP of the
2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant
to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that it Will
not Impact the Environment. Town Code Amendment Application A-25-001.
Project Location: Town Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council on an Ordinance amending Chapter 29 (Zoning
Regulations) of the Town Code regarding emergency shelters, small employee housing,
transitional housing, supportive housing, employee housing, group homes, and findings for
reasonable accommodation requests, pursuant to Implementation Program AP of the 2023-
2031 Housing Element.
CEQA:
The proposed amendments are exempt pursuant to California Environmental Quality Act
(CEQA) Guidelines Section 15061(b)(3), because it can be seen with certainty that they will not
significantly affect the physical environment in that they make minor changes to the regulations
applicable to emergency shelters, small employee housing, transitional housing, supportive
housing, employee housing, group homes, and findings for reasonable accommodation
requests.
PAGE 2 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
FINDINGS:
▪ The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3); and
▪ The proposed amendments to Chapter 29 of the Town Code are consistent with the General
Plan.
BACKGROUND:
Implementation Program AP, Special Needs Housing, of the 2023-2031 Housing Element
requires amendments to Chapter 29 (Zoning Regulations) of the Town Code to comply with
state law (Exhibit 2). The proposed amendments address the following topics:
1. Emergency Shelters
2. Low Barrier Navigation Centers
3. Employee Housing
4. Supportive and Transitional Housing
5. Group Homes
6. Reasonable Accommodations Requests
7. Streamline Process – Special Needs Housing
DISCUSSION:
The following summarizes each task associated with Implementation Program AP, Special
Needs Housing, and the proposed actions.
Emergency Shelters
Emergency shelters are housing with minimal supportive services for people experiencing
homelessness and is limited to occupancy of six months or less. No individual or household may
be denied emergency shelter because of an inability to pay.
1. Amend the Zoning Code to align with all state requirements on the provision of emergency
shelters.
a. Amend the Zoning Code to expand the definition of emergency shelters to include
interim housing options such as low barrier navigation centers, bridge housing, and
respite and recuperative care.
Action:
i. Amend Section 29.10.020, of the Zoning Code by modifying the definition of
Emergency shelter to include other interim interventions, including, but not limited to
low barrier navigation centers, bridge housing, and respite or recuperative care.
PAGE 3 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
b. Amend the Zoning Code to permit emergency shelters by-right without discretionary
review in the Commercial Industrial (LM) zone.
Action:
i. Amend Section 29.70.100 (a)(9) of the Zoning Code to allow emergency shelters as a
permitted by right use in the LM or commercial-industrial zone and include the
following objective operational standards:
a. Beds shall not exceed a total of twenty (20);
b. Administrative staff members or employees shall not exceed a total of six (6), and
shall include on-site management;
c. Operating hours shall be limited to 5:00 p.m. to 9:00 a.m. daily;
d. Compliance with all applicable State and local uniform building and housing
codes, as determined by the Building Official;
e. Facilities shall have on-site security during all hours when the shelter is in
operation;
f. Facilities shall provide exterior lighting on pedestrian pathways and parking lot
areas on the property, and lighting shall reflect away from residential areas and
public streets;
g. Facilities shall provide secure areas for personal property;
h. On-site parking shall be provided at a rate of at least one (1) space per employee;
and
i. Emergency shelters shall not be required to be more than 300 feet apart.
ii. Amend Section 29.70.220(a)(4) of the Zoning Code to include objective operational
standards for Emergency shelters permitted by right in the CM or controlled-
manufacturing zone per State law. The objective operational standards include the
following:
a. Beds shall not exceed a total of twenty (20);
b. Administrative staff members or employees shall not exceed a total of six (6), and
shall include on-site management;
c. Operating hours shall be limited to 5:00 p.m. to 9:00 a.m. daily;
d. Compliance with all applicable State and local uniform building and housing
codes, as determined by the Building Official;
e. Facilities shall have on-site security during all hours when the shelter is in
operation;
PAGE 4 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
f. Facilities shall provide exterior lighting on pedestrian pathways and parking lot
areas on the property, and lighting shall reflect away from residential areas and
public streets;
g. Facilities shall provide secure areas for personal property;
h. On-site parking shall be provided at a rate of at least one (1) space per employee;
and
i. Emergency shelters shall not be required to be more than 300 feet apart.
c. Amend the Zoning Code to align parking standards for emergency shelters from a ratio
based on the size of the structure to a ratio based on the number of shelter staff, per
Assembly Bill 139.
Action:
i. The Zoning Code amendments addressing the parking requirements have been made
as discussed above in Action Item b.i and b.ii above.
d. Eliminate current spacing requirements between shelters and residentially zoned
properties and schools.
Action:
i. The Town Code currently does not require spacing requirements between emergency
shelters and residentially zoned properties and schools so not amendments are
required.
Low Barrier Navigation Centers
1. Develop and adopt by-right processing procedures for Low Barrier Navigation Centers, per
Assembly Bill 101.
Action:
a. This task has been completed. On December 3, 2024, the Town Council approved
amendments for Implementation Program AD, Low Barrier Navigation Centers.
Employee Housing
1. Amend the Zoning Code to allow employee housing consisting of up to 36 beds or 12 units
in zones that allow agricultural uses, per Health and Safety Code Section 17000, et seq.
Actions:
a. Amend Section 29.10.020 of the Zoning Code to add the following definition of Employee
Housing between the definitions “Emergency shelter” and “Erect”:
PAGE 5 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
“Employee housing” means any portion of any housing accommodation, or property
upon which a housing accommodation is located, if both of the following factors exist:
(1) The accommodations consists of living quarters or other housing accommodations,
maintained in one or more buildings or one or more sites, and the premises are provided
for employees by the employer; and (2) The accommodations are maintained in
connection with any work or place where work is being performed, whether or not rent is
involved. The definition of employee housing is as otherwise defined by California Health
and Safety Code Section 17008 as it may be amended from time to time.
b. Amend Section 20.40.160 of the Zoning Code, adding employee housing consisting of up
to thirty-six (36) beds or up to twelve (12) units as a permitted use in a RC or resource
conversation zone.
c. Amend Section 20.40.235 of the Zoning Code, adding employee housing consisting of up
to thirty-six (36) beds or up to twelve (12) units as a permitted use the HR or Hillside
Residential zone.
2. Amend the Zoning Code to allow small employee housing (six or fewer employees) in all
zoning districts where single-family residential is permitted.
Actions:
a. Amend the Town Code to allow small employee housing for six (6) or fewer employees as
a permitted use in the following residential zoning districts: RC, HR, R-1, R-D, R-M, and
R-1D, and RMH.
i. Amend Town Code Section 29.40.160 of the Zoning Code, by adding small employee
housing for six (6) or fewer employees as a permitted use in the RC or Resource
Conservation zone.
ii. Amend Town Code Section 29.40.235 of the Zoning Code, by adding small employee
housing for six (6) or fewer employees as a permitted use in the HR or Hillside
Residential zone.
iii. Amend Town Code Section 29.40.385 of the Zoning Code, by adding small employee
housing for six (6) or fewer employees as a permitted use in the R-1 or Single-Family
Residential zone.
iv. Amend Town Code Section 29.40.510 of the Zoning Code, by adding small employee
housing for six (6) or fewer employees as a permitted use in the R-D or Duplex
Residential zone.
v. Amend Section 29.40.610 of the Zoning Code, by adding small employee housing for
six (6) or fewer employees as a permitted use in the R-M or Multi-Family Residential
zone.
vi. Amend Section 29.40.725 of the Zoning Code, by adding small employee housing for
six (6) or fewer employees as a permitted use in the R-1D or Multiple-Family
Residential Downtown zone.
PAGE 6 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
vii. Amend Section 29.40.835 of the Zoning Code, by adding small employee housing for
six (6) or fewer employees as a permitted use in the RMH or Mobile Home Residential
zone.
Supportive and Transitional Housing
Supportive housing means housing with no limit on length of stay, that is occupied by the target
population, and that is linked to an onsite or offsite service that assists the supportive housing
resident in retaining the housing, improving their health status, and maximizing their ability to
live and, when possible, work in the community.
Transitional housing means buildings configured as rental housing developments, but operated
under program requirements that require the termination of assistance and the recirculating of
the assisted unit to another eligible program recipient at a predetermined future point in time
that shall be no less than six months from the beginning of the assistance.
1. Amend the Zoning Code to allow Transitional and Supportive Housing developments by-
right in all zoning districts that permit residential uses, per Senate Bill 2.
Action:
a. Amend Section 29.10.020, of the Zoning Code by modifying the definition of dwelling
unit to include, “Transitional housing and supportive housing are considered a residential
use of property in any dwelling type as defined by Government Code 65582 (n) and (q) as
it may be amended from time to time.”
b. Amend the Town Code to allow Transitional and Supportive Housing as a permitted use
in the following residential zoning districts: RC, HR, R-1, R-D, R-M, R-1D, and RMH.
i. Amend Town Code Section 29.40.160 of the Zoning Code, to allow Transitional and
Supportive Housing as a permitted use in the RC or Resource Conservation zone.
ii. Amend Town Code Section 29.40.235 of the Zoning Code to allow Transitional and
Supportive Housing as a permitted use in the HR or Hillside Residential zone.
iii. Amend Town Code Section 29.40.385 of the Zoning Code, to allow Transitional and
Supportive Housing as a permitted use in the R-1 or Single-Family Residential zone.
iv. Amend Town Code Section 29.40.510 of the Zoning Code, to allow Transitional and
Supportive Housing as a permitted use in the R-D or Duplex Residential zone.
v. Amend Section 29.40.610 of the Zoning Code, to allow Transitional and Supportive
Housing as a permitted use in the R-M or Multi-Family residential zone.
vi. Amend Section 29.40.725 of the Zoning Code, to allow Transitional and Supportive
Housing in the R-1D or multiple-family residential downtown zone.
vii. Amend Section 29.40.835 of the Zoning Code, to allow Transitional and Supportive
Housing in in the RMH or Mobile Home Residential zone.
PAGE 7 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
2. Develop a by-right, streamlined ministerial review of Supportive and Transitional Housing
developments, per Assembly Bill 2162.
Action:
a. The Town provides streamlined approval process for Supportive Housing projects by
providing a ministerial approval process, removing the requirements for CEQA analysis,
and removing the requirement for a Conditional Use Permit or other similar discretionary
entitlements so no amendments are required.
3. Amend the Zoning Code to allow Permanent Supportive Housing and Transitional Housing
by-right in zoning districts where multi-family and mixed use are permitted, including non-
residential zones permitting multi-family uses, per Government Code Section 65651.
After review of Government Code Section 65651, it was determined by staff that only
Supportive Housing shall be permitted by-right in zoning districts where multi-family and
mixed-use are permitted, including non-residential zones permitting multi-family uses. This
requirement does not apply to Transnational Housing as originally described in
Implementation Program AP.
Action:
a. Amend the Town Code to allow Supportive Housing as a permitted use in the following
residential zoning districts: O, C-1, C-2, and CH.
i. Amend Town Code Section 29.60.085 of the Zoning Code, to allow Supportive Housing
as a permitted use in the O or Office zone.
ii. Amend Town Code Section 29.60.210 of the Zoning Code, to allow Supportive Housing
as a permitted use in the C-1 or Neighborhood Commercial zone.
iii. Amend Town Code Section 29.60.320 of the Zoning Code, to allow Supportive Housing
as a permitted use in the C-2 or Central Business District Commercial Zone.
iv. Amend Town Code Section 29.60.420 of the Zoning Code, to allow Supportive Housing
as a permitted use in the CH or Restricted Highway Commercial zone.
Group Homes
1. Amend the Zoning Code to allow group homes of seven or more by-right in residential
zoning districts.
Actions:
a. Amend the definition of a group home in Section 29.10.020 of the Zoning Code.
b. Amend the Town Code to allow a group home as a permitted use in the following
residential zoning districts: HR, R-1, R-D, R-M, and R-1D.
PAGE 8 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
i. Amend Town Code Section 29.40.160 of the Zoning Code, adding group home as a
permitted use in the RC or Resource Conservation zone.
ii. Amend Town Code Section 29.40.235 of the Zoning Code, adding group home as a
permitted use in the HR or Hillside Residential zone.
iii. Amend Town Code Section 29.40.385 of the Zoning Code, adding group home as a
permitted use in a R-1 or Single-Family Residential zone.
iv. Amend Town Code Section 29.40.510 of the Zoning Code, adding group home as a
permitted use in a R-D or Duplex Residential zone.
v. Amend Section 29.40.610 of the Zoning Code, adding group home as a permitted use
in the R-M or Multi-Family Residential zone.
vi. Amend Section 29.40.725 of the Zoning Code, adding group home as a permitted use
in the R-1D or Multiple-Family Residential Downtown zone.
vii. Amend Section 29.20.185 (5)(e) of the Zoning Code, removing the requirement for a
Conditional Use Permit in the HR, R1, RD, R-M, and R-1D zones for a group home use
from the Table of Conditional Uses.
Reasonable Accommodations Request
1. Amend Section 29.10.530 (a) of the Zoning Code to remove finding number five of the
mandatory criteria for granting a reasonable accommodation requests.
Action:
a. Amend Section 29.10.530 (a) of the Zoning Code removing finding number five.
Streamline Process – Special Needs Housing
1. The Town will prioritize special needs housing by allowing for reduced processing times and
streamlined procedures for applicable zoning/land use applications. Include preferential
handling of special needs populations in management plans and regulatory agreements of
funded projects.
Action:
a. The Town currently prioritizes and streamlines special needs housing by permitting
zoning/land use applications through by-right approval so no amendments are required.
CEQA DETERMINATION:
The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3), because it can
be seen with certainty that they will not significantly affect the physical environment in that
they make minor changes to the regulations applicable to emergency shelters, small employee
housing, transitional housing, supportive housing, employee housing, group homes, and
findings for reasonable accommodation requests.
PAGE 9 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
CONCLUSION:
A. Summary
The Draft Ordinance (Exhibit 3) aligns the Town’s regulations with state law and responds to
the topics in Implementation Program AP, Special Needs Housing, of the 2023-2031 Housing
Element.
B. Recommendation
Staff recommends that the Planning Commission review the information included in the
staff report and forward a recommendation to the Town Council for approval of the
amendments to Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 3). The
Planning Commission should also include any comments or recommended changes to the
Draft Ordinance in taking the following actions:
1. Make the finding that the proposed amendments to the Town Code are exempt
pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they
will not significantly affect the physical environment in that they make minor changes to
the regulations applicable to considerations to the regulations applicable to emergency
shelters, small employee housing, transitional housing, supportive housing, employee
housing, group homes, and findings for reasonable accommodation requests. (Exhibit
1);
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 3).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Draft Ordinance
with modifications; or
2. Continue the matter to a date certain with specific direction.
COORDINATION:
This report was coordinated with the Town Attorney’s office.
PAGE 10 of 10
SUBJECT: Zoning Code Amendments, Implementation Program AP/A-25-001
DATE: February 7, 2025
EXHIBITS:
1. Required Findings
2. Implementation Programs Program AP, Special Needs Housing
3. Draft Ordinance
PLANNING COMMISSION – February 12, 2025 REQUIRED FINDINGS FOR:
Town Code Amendment Application A-25-001
Forward a Recommendation to the Town Council on an Ordinance Amending Chapter 29
(Zoning Regulations) of the Town Code Regarding Emergency Shelters, Small Employee
Housing, Transitional Housing, Supportive Housing, Employee Housing, Group Homes, and
Findings for Reasonable Accommodation Requests, Pursuant to Implementation Program AP of
the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA,
Section 15061(b)(3) in that it Can be Seen with Certainty that it Will not Impact the
Environment. Town Code Amendment Application A-25-001. Project Location: Town Wide.
Applicant: Town of Los Gatos.
FINDINGS
Required Finding for CEQA:
• The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3), because it
can be seen with certainty that they will not significantly affect the physical environment in
that they make minor changes to the regulations applicable to emergency shelters, small
employee housing, transitional housing, supportive housing, employee housing, group
homes, and findings for reasonable accommodation requests.
Required Finding for General Plan:
• The proposed amendments to Chapter 29 of the Town Code allowing by allowing by-right
use for special needs housing including emergency shelters, small employee housing,
transitional housing, supportive housing, employee housing, group homes in specific zones
and modifying the findings for reasonable accommodation requests are consistent with the
General Plan.
S:\PLANNING COMMISSION REPORTS\2025\02-12-2025\ITEM 6 - IMPLEMENTATION PROGRAM AP- SPECIAL NEEDS HOUSING\EXHIBIT 1 -
REQUIRED FINDINGS.DOCX
EXHIBIT 1
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2023-2031 Housing Element
10-60 2023-2031 Housing Element June 4, 2024
Programs
Rental Dispute Resolution Program, Town
staff is able to attend the Consortiums
annual Fair Housing Symposium, receive
training, and disseminate fair housing
information (including how to contact
Consortium agencies for assistance) to
members of the public who contact the
Town about a potential fair housing
related matter.
Counsel 10 tenants annually on tenant/landlord
concerns to prevent displacement
AN Community Education Using a Variety
of Communication Methods
Provide education on the problems and
needs of affordable housing as a means
of changing negative attitudes towards
the provision of affordable housing.
Broadcast information about available
housing resources through a variety of
communication methods across media,
technological nonprofit organizations and
traditional in person outreach methods,
such as the Farmers’ Market, Library, and
community center, with a particular focus
on reaching the very low- and low-income
demographic and those who may not
have access to online resources.
Implementation
HE-6.1 Fair Housing
HE-6.4 Affordable Housing Awareness
Responsible Department/Review Authority
Community Development Department, California
Department of Developmental Services
Timeframe
Update materials quarterly
Funding Source
None required
Quantified Objective
Increase availability of information.
Performance Metric(s)
Continue to provide housing resources to very low-
and low-income individuals
AO Educate Single-Family Property
Owners Regarding In-Fill Housing
Options
Create and distribute educational
materials to include information about the
process to construct ADUs, multi-
generational housing, and options
available with Senate Bill SB 9.
Implementation
HE-1.5 Variety of Housing Choices
HE-1.7 Infill Opportunities in Single-Family
Neighborhoods
HE-6.1 Fair Housing
HE-6.4 Affordable Housing Awareness
Responsible Department/Review Authority
Community Development Department, California
Department of Developmental Services
Timeframe
Update materials quarterly
Funding Source
None required
Quantified Objective
Provide education on SB 9 and ADU’s.
Performance Metric(s)
Number of Building permits issued for ADUs and
SB 9 projects
AP Special Needs Housing Implementation
HE-2.7 Senior Housing
EXHIBIT 2
10. Housing Element
June 4, 2024 2023-2031 Housing Element 10-61
Programs
Pursuant to recent changes in State law,
the Town’s Municipal Code may be
modified to better facilitate the provision
of a variety of housing types. These Code
revisions include:
Amend Town Code to align with all
State requirements on the provision
of emergency shelters. Specifically:
- Expand the definition of
emergency shelters to include
interim housing options such as
low barrier navigation centers,
bridge housing, and respite and
recuperative care.
- Permit emergency shelters by
right without discretionary review
in the Commercial Industrial (LM)
zone.
- Amend parking standards for
emergency shelters from a ratio
based on the size of the structure
to a ratio based on the number of
shelter staff (per AB 139).
Eliminate current spacing
requirements between shelters and
residentially zoned properties and
schools.
Develop and adopt by- right
processing procedures for Low
Barrier Navigation Centers (per AB
101).
Allow small employee housing (six or
fewer) in all zone districts where
single-family residential is permitted.
Allow Transitional Housing and
Supportive Housing developments
by-right in all zoning districts that
permit residential uses (per SB 2)
Develop a by-right, streamlined,
ministerial review of Supportive and
Transitional Housing developments
(per AB 2162).
Permit by-right Permanent Supportive
Housing and Transitional Housing in
zones where multi-family and mixed
uses are permitted, including
nonresidential zones permitting multi-
family uses (per Government Code
Section 65651).
Allow Employee Housing consisting
of up to 36 beds or 12 units in zones
that allow agricultural uses (per
HE-2.8 Equal Housing and Special Needs
HE-2.9 Public/Private Partnerships
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
Amend Zoning Code by January 2024
Establish prioritize processing of special needs
housing by January 2028
Funding Source
None required
Quantified Objective
Amend the Zoning Code to remove barriers to
building special needs housing
Performance Metric(s)
Adopt Zoning Code amendments
2023-2031 Housing Element
10-62 2023-2031 Housing Element June 4, 2024
Programs
Health and Safety Code Section
17000, et seq.).
Allow for group homes of seven and
more by right in residential districts,
and to conform with HCD’s Group
Home Technical Advisory (Dec 2022).
Modify the language of Municipal
Code Section 29.10.530(a) to remove
finding number 5 of the mandatory
criteria for granting a reasonable
accommodation request.
In addition, the Town will prioritize special
needs housing by allowing for reduced
processing times and streamlined
procedures for applicable zoning/land use
applications. Include preferential handling
of special needs populations in
management plans and regulatory
agreements of funded projects.
AQ Zoning Code Amendments
Amend the Zoning Code to comply with
State law and ensure adequate sites are
available to accommodate the identified
sites in the Sites Inventory. These Code
revisions include:
Amend the Zoning Code to include a
Housing Element Overlay Zone
(HEOZ) to apply to the sites included
in the Site Inventory to modify the
development standards (i.e., density,
lot coverage, FAR, height) on those
sites. The Town will commit to
monitoring and evaluating the HEOZ
development standards and complete
first evaluation of said standards by
December 2026 and then annually
thereafter, including outreach with the
development community, and making
adjustments as necessary. If it is
determined that adjustments are
needed, they will be completed within
six months of the annual evaluation.
The amended HEOZ Ordinance is
projected to be adopted by the Town
Council in March of 2024.
Clarify the text of the non-residential
zones regarding housing.
Rezone the Caltrans Right-of-Way –
Site E3 from R:1:8 to R-M. Take
additionally steps to make the site
available for residential development,
including decertification, by the end of
Implementation
HE-1.1 Adequate Sites
HE-1.2 Multi-family Housing Densities
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete rezonings by January 31, 2024, and
monitoring and evaluation of the HEOZ
developments standards by December 2026.
Funding Source
General Plan Update Fund
Quantified Objective
Amend the Zoning Code consistent with the
Housing Element timing
Performance Metric(s)
Number of affordable homeownership units entitled
and numbers of units entitled for moderate, low,
and very-low households and adopt the Zoning
Code amendments
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Sec. 29.10.020. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them
in this section unless the context clearly indicates otherwise:
(…..)
Dwelling, unit means a building or portion thereof intended for occupancy or occupied by one (1) family
exclusively, and containing but one (1) kitchen. Transitional housing and supportive housing are considered a
residential use of property in any dwelling type as defined by Government Code 65582 (n) and (q) as it may be
amended from time to time.
(…..)
Emergency shelter means a housing facility as defined by Health and Safety Code Section 50801 that provides
people shelter with minimal support services for homeless persons that is a time period limited to temporary
occupancy of six (6) months or less by a homeless person per person per year. Emergency shelters may include
other interim interventions, including, but not limited to low barrier navigation centers, bridge housing, and
respite or recuperative care.
Employee housing means any portion of any housing accommodation, or property upon which a housing
accommodation is located, if both of the following factors exist: (1) The accommodations consists of living quarters
or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises are
provided for employees by the employer; and (2) The accommodations are maintained in connection with any
work or place where work is being performed, whether or not rent is involved. The definition of employee housing
is as otherwise defined by California Health and Safety Code Section 17008 as it may be amended from time to
time.
(…..)
Group home shall means housing shared by unrelated persons with disabilities that provides peer and other
support for residents' disability related needs and in which residents share cooking, dining, and living areas, and
may participate in communal living activities. This use excludes hotels and residential care facilities. have the same
meaning as a residential care facility, small family home.
Class 1: The group home does not provide licensable services to the residents.
Class 2: The group home provides licensable services to six or fewer residents.
Class 3: The group home provides licensable services to more than six residents.
(…..)
Sec. 29.10.530. Review of a request for reasonable accommodation.
(a) Findings. The deciding body, on the basis of the evidence submitted, may approve a request for reasonable
accommodation if it finds all of the following:
(1) The housing will be used by an individual disabled under the Federal Fair Housing Act and the California
Fair Employment and Housing Act.
(2) The request is necessary to make specific housing available to an individual with a disability under the
Federal Fair Housing Act and the California Fair Employment and Housing Act.
(3) The request would not impose an undue financial or administrative burden on the Town.
(4) The request would not require a fundamental alteration in the nature of a Town program or law,
including but not limited to land use and zoning.
(5) There would be no impact on surrounding uses.
(65) Due to physical attributes of the property or structures the request is necessary.
EXHIBIT 3
(76) There is no alternative reasonable accommodation which may provide an equivalent level of benefit.
Sec. 29.20.185. Table of conditional uses.
An "X" indicates that an activity is allowed in a zone if a conditional use permit is issued. Activities listed in
this table are only allowed where a conditional use permit is issued, or where the activity is specifically listed in the
permitted uses for the zone.
TABLE OF CONDITIONAL
USES RC HR R1 RD R‐
M R‐
1D RMH O C‐1 C‐2 CH LM CM
(5) Health Services
d. Residential care facility‐
large family home X X X X X X X X X X
e. Residential care facility‐
group Group home X X X X X X X X X X
Sec. 29.40.160. Permitted uses.
The following uses are permitted in the RC or resource conservation zone in the Town:
(1) Single‐family dwelling, provided that there is not more than one (1) principal residential structure on a
lot.
(2) Agriculture, except dairying.
(3) Botanical conservatory.
(4) Family daycare home.
(5) Residential care facility, small family home.
(6) Group homes, Class 1, 2, and 3.
(7) Employee housing consisting of up to thirty‐six (36) beds or up to twelve (12) units.
(8) Small employee housing consisting of up to six (6) or fewer employees.
(9) Transitional and supportive housing as defined by Government Code Section 65582, as this section may
be amended from time to time.
Sec. 29.40.235. Permitted uses.
The following uses are permitted in the HR zone in the Town:
(1) Single‐family dwelling, provided that there is not more than one (1) principal residential structure on a
lot.
(2) Agriculture, except dairying.
(3) Family daycare home.
(4) Residential care facility, small family home.
(5) Group homes, Class 1, 2, and 3.
(6) Employee housing consisting of up to thirty‐six (36) beds or up to twelve (12) units.
(7) Small employee housing consisting of up to six (6) or fewer employees.
(8) Transitional and supportive housing as defined by Government Code Section 65582, as this section may
be amended from time to time.
Sec. 29.40.385. Permitted uses.
The following uses are permitted in a R‐1 or single‐family residential zone:
(1) Single‐family dwelling, provided that there is not more than one (1) principal residential structure on a
lot.
(2) Raising of trees, vegetables and horticultural specialties, but not including commercial greenhouses,
retail nurseries, or storage of landscaping equipment, products or supplies for commercial uses.
(3) Family daycare home.
(4) Group homes, Class 1, 2, and 3.
(5) Residential care facility, small family home.
(6) Small employee housing for six (6) or fewer employees.
(7) Transitional and supportive housing as defined by Government Code Section 65582, as this section may
be amended from time to time.
Sec. 29.40.510. Permitted uses.
The following uses are permitted in a R‐D or duplex residential zone:
(1) Single‐family dwelling.
(2) Two‐family dwelling.
(3) Family daycare home.
(4) Group homes, Class 1, 2, and 3.
(5) Residential care facility, small family home.
(6) Small employee housing for six (6) or fewer employees.
(7) Transitional and supportive housing as defined by Government Code Section 65582, as this section may
be amended from time to time.
Sec. 29.40.610. Permitted uses.
The following uses are permitted in a R‐M or multiple‐family residential zone:
(1) Single‐family dwelling.
(2) Two‐family dwelling.
(3) Family daycare home.
(4) Group homes, Class 1, 2, and 3.
(5) Residential care facility, small family home.
(6) Multi‐family dwelling.
(7) Transitional Housing facility as defined by Health and Safety Code section 50675.2
(8) Small employee housing for six (6) or fewer employees.
(9) Transitional and supportive housing as defined by Government Code Section 65582, as this section may
be amended from time to time.
Sec. 29.40.725. Permitted uses.
The following uses are permitted in a R‐1D or multiple‐family residential downtown zone:
(1) Single‐family dwelling, provided that there is not more than one (1) principal residential structure on a
lot.
(2) Two‐family dwelling, provided that there is not more than one (1) principal residential structure on a
lot.
(3) Family daycare home.
(4) Group homes, Class 1, 2, and 3.
(5) Residential care facility, small family home.
(6) Small employee housing for six (6) or fewer employees.
(7) Transitional and supportive housing as defined by Government Code Section 65582, as this section may
be amended from time to time.
Sec. 29.40.835. Permitted uses.
The following uses are permitted in a RMH or mobile home residential zone:
(1) Mobile home parks for single‐family dwelling uses.
(2) Common recreational facilities and structures.
(3) Administrative offices for mobile home park use.
(4) Residential quarters for use by manager or other park employees.
(5) Accessory uses normally incidental to a mobile home park and accessible only through the internal
park circulation system.
(6) Family daycare home.
(6) Group homes, Class 1, 2, and 3.
(7) Small employee housing for six (6) or fewer employees.
(8) Transitional and supportive housing as defined by Government Code Section 65582, as this section may
be amended from time to time.
Sec. 29.60.085. Permitted uses.
Activities allowed in the O or office zone must be those which would not unreasonably interfere with
residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a
professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by
absence of retail sales.
(2) Retail sales by a pharmacy within a medical building.
(3) Group classes.
(4) Personal service businesses.
(5) Supportive housing as defined by Government Code Section 65651, as this section may be amended
from time to time.
Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C‐1 or neighborhood commercial zone are those which do not unreasonably
interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993, provided any
change of use must be a conforming use in the C‐1 zone.
(6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(8) Supportive housing as defined by Government Code Section 65651, as this section may be amended
from time to time.
(b) Examples of proper C‐1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores,
barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C‐1 zone
are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C‐2 or Central District Commercial Zone are those involving the conduct of
commerce and general business and the sale of commodities necessary for the needs of residents and
visitors of the Town, such as:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
(2) Reserved.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single‐family and two‐family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Specialty food retail without alcoholic beverages.
(10) Supportive housing as defined by Government Code Section 65651, as this section may be amended
from time to time.
(b) Examples of proper C‐2 activities are apparel stores, antique stores, artist studios, craft studios, auto part
sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the
C‐2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Office activities in the C‐2 zone shall not be located on the ground floor along any street, alleyway, or public
parking lot except in the areas described below:
(1) Lyndon Avenue;
(2) Properties abutting Wood Road;
(3) The west side of Victory Lane:
(4) The south side of Los‐Gatos‐Saratoga Road excluding:
a. That portion of the property located at the southwest corner of Los‐Gatos Saratoga Road and
Santa Cruz Avenue described more precisely as located between a straight line extended
northerly along the west side right‐of‐way line of Santa Cruz Avenue and one hundred forty (140)
feet west of that extended line.
b. The south side of Los Gatos‐Saratoga Road between Santa Cruz Avenue and University Avenue;
and
(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road.
(6) The north and south side of West Main Street west of Victory Lane.
(7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have
street frontage.
(d) Notwithstanding subsection (c), office activities on ground floors described below shall be considered
conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred
and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall
not be resumed, and token use shall not toll or interrupt a period of discontinuance.
(1) Office activities existing on June 17, 1991; or
(2) Office activities in a building under construction on July 16, 1990, if the applicable architecture and site
approval specifically stated that the building was approved for office activities.
Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably
interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) Supportive housing as defined by Government Code Section 65651, as this section may be amended
from time to time.
(b) Examples of proper CH activities are grocery stores, launderettes or dry‐cleaning agencies, drugstores,
barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone
are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry‐cleaning plants.
Sec. 29.70.100. Permitted uses.
(a) Activities allowed in the LM or commercial‐industrial zone are those service‐oriented and light industrial uses
which may be inappropriate in a general commercial zone and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
(2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or businesses.
(4) Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be
permitted in the LM zone.
(5) Limited manufacturing.
(6) Wholesaling and warehousing.
(7) Group classes.
(8) Specialty food retail without alcoholic beverages.
(9) Emergency shelters as defined by Health and Safety Code section 50801 and consistent with the
following defined operational standards:
a. Beds shall not exceed a total of twenty (20);
b. Administrative staff members or employees shall not exceed a total of six (6) and shall include
on‐site management;
c. Operating hours shall be limited to 5:00 p.m. to 9:00 a.m. daily;
d. Compliance with all applicable State and local uniform building and housing codes, as determined
by the Building Official;
e. Facilities shall have on‐site security during all hours when the shelter is in operation;
f. Facilities shall provide exterior lighting on pedestrian pathways and parking lot area on the
property and lighting shall reflect away from residential areas and public streets;
g. Facilities shall provide secure areas for personal property;
h. On‐site parking shall be provided at a rate of at least one (1) space per employee; and
i. Emergency shelters shall not be required to be more than 300 feet apart.
Sec. 29.70.220. Permitted uses.
(a) Activities allowed in the CM or controlled‐manufacturing zone must be those which would not unreasonably
interfere with residential uses in the vicinity or other activities within the CM zone and which are in the
following categories:
(1) Activities involving controlled manufacturing, research and development, wholesaling, warehousing,
and other light industrial uses.
(2) Sales to the ultimate consumer of articles manufactured on the premises to the customer's order.
(3) Professional and administrative offices.
(4) Emergency shelters as defined by Health and Safety Code section 50801 and consistent with the
following defined operational standards:
a. Beds shall not exceed a total of Ttwenty (20) or fewer beds;
b. Administrative staff members or employees shall not exceed a total of Ssix (6) or fewer
administrative staff members or employees, and shall include on‐site management;
c. Operating hours shall be limited from to 5:00 p.m. to 9:00 a.m. daily;
d. Conforming Compliance with to all applicable State and local uniform building and housing codes,
as determined by the Building Official;.
e. Facilities shall have on‐site security during all hours when the shelter is in operation;
f. Facilities shall provide exterior lighting on pedestrian pathways and parking lot area on the
property and lighting shall reflect away from residential areas and public streets;
g. Facilities shall provide secure areas for personal property;
h. On‐site parking shall be provided at a rate of at least one (1) space per employee; and
i. Emergency shelters shall not be required to be more than 300 feet apart.
(b) Examples of activities which are not proper in the CM zone are retailing except articles manufactured and
sold as provided in subsection (2), personal services, and vehicle sales and service.