Staff Report.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.
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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.
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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