03 Implementation Program AQ Zoning Code Amend. - Adoption with Attachments
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/04/2025 ITEM NO: 3
DATE: January 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town
Code Regarding Considerations for an Architecture and Site Application,
Findings for a Conditional Use Permit, Manufactured Housing, and Private
Open Space and Community Recreation Space Requirements Pursuant to
Implementation Program AQ 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-24-008. Project Location: Town Wide. Applicant:
Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos
Amending Chapter 29, “Zoning Regulations,” of the Town Code to Amend
Considerations for an Architecture and Site Application, Findings for a
Conditional Use Permit, Manufactured Housing, and Private Open Space and
Community Recreation Space Requirements.
RECOMMENDATION:
Adopt an ordinance (Attachment 1) amending Chapter 29 (Zoning Regulations) of the Town
Code regarding considerations for an Architecture and Site application, findings for a
Conditional Use Permit, manufactured housing, and private open space and community
recreation space requirements, pursuant to Implementation Program AQ of the 2023-2031
Housing Element.
BACKGROUND:
At the regular meeting of January 21, 2025, the Town Council held a public hearing to consider
the introduction of an ordinance to amend Town Code Chapter 29, “Zoning Regulations,” of the
Town Code to modify the Architecture and Site findings to make them objective, specifically,
Finding (4) relating to the site layout and Finding (6) related to the architectural design of the
PAGE 2 OF 2 SUBJECT: Adopt an Ordinance Amending Chapter 29 of the Town Code, Implementation Program AQ DATE: January 31, 2025
building; modify the Conditional Use Permit findings to make them objective, specifically,
Finding (1) relating to the desirableness of the project to the public convenience or welfare and
Finding (2) related to the integrity and character of the zone; modify the definition of a
dwelling, single-family, by adding that the definition also includes manufactured homes
pursuant to Section 65852.3 of the Government Code; and modify the private open space and
community recreation open space requirements for a multi-family and condominium project to
align with the Objective Design Standards. The Town Council voted unanimously to approve the
introduction of the ordinance.
This ordinance is returning to the Town Council for final adoption. The ordinance will take
effect 30 days after its adoption.
COORDINATION:
This report was coordinated with the offices of the Town Manager and Town Attorney.
FISCAL IMPACT:
Adoption of this ordinance does not impact the Town’s budget and is required under Program
AQ of the 2023-2031 Housing Element.
ENVIRONMENTAL ASSESSMENT:
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 significantly affect the physical environment in that it will
make minor changes to the regulations applicable to considerations for an Architecture and Site
application, findings for a Conditional Use Permit, manufactured housing, and private open
space and community recreation space requirements.
ATTACHMENT:
1. Draft Ordinance
Page 1 of 5
Draft Ordinance Adoption Date
DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE
REGARDING CONSIDERATIONS FOR AN ARCHITECTURE AND SITE
APPLICATION, FINDINGS FOR A CONDITIONAL USE PERMIT,
MANUFACTURED HOUSING, AND PRIVATE OPEN SPACE AND
COMMUNITY RECREATION SPACE REQUIREMENTS, PURSUANT TO
IMPLEMENTATION PROGRAM AQ OF THE 2023-2031 HOUSING ELEMENT WHEREAS, the 2023-2031 Housing Element, which was adopted on June 4, 2024, and
subsequently found in compliance with housing element law on July 10, 2024, by the California
Department of Housing and Community Development, provides that the Town will amend
Chapter 29 (Zoning Regulations) of the Town Code regarding considerations for an Architecture
and Site application, findings for a Conditional Use Permit, manufactured housing, and private
open space and community recreation space requirements;
WHEREAS, on December 10, 2024, the Planning Commission reviewed the proposed
amendments to Chapter 29 (Zoning Regulations) of the Town Code, found that the proposed
amendments are consistent with the goals and policies of the Town’s General Plan, and
recommended adoption of the proposed amendments by the Town Council;
WHEREAS, the amendments are consistent with the General Plan and its Elements; and
WHEREAS, the amendments are consistent with Chapter 29, “Zoning Regulations” of the
Town Code.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Incorporation of Recitals.
The Town Council finds that the above Recitals are true and correct and are incorporated herein
by reference.
SECTION II. In Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” the
definition of “Dwelling, single-family” is amended to read as follows:
Dwelling, single-family means a detached building containing but one (1) kitchen and
designed and used to house not more than one (1) family, including domestic employees of such
family, and manufactured homes pursuant to Section 65852.3 of the Government Code.
ATTACHMENT 1
Page 2 of 5
Draft Ordinance Adoption Date
SECTION III. Section 29.10.065 “Recreational open space for residential condominiums,” of
Chapter 29, “Zoning Regulations,” is amended to read as follows:
(1) Private open space. Each ground floor dwelling unit shall have a minimum of one
hundred and twenty (120) square feet of outdoor usable open space in the form of a
single enclosed patio or deck located essentially at the level of the main living area. Each
dwelling unit above the ground floor shall have sixty (60) square feet of outdoor usable
open space in the form of a balcony. Where multiple balconies are provided for a single
unit, the 60-square foot minimum can be an aggregate of all balconies, provided each
balcony meets the requirements for minimum horizontal dimensions. For purposes of
this section, a multiple floor unit with the lower floor on the ground level can choose to
either provide 120 square feet of open space in the form of a single enclosed patio or
deck or provide 60 square feet of open space in the form of a balcony. The minimum
horizontal dimension is six feet in any direction. The minimum vertical clearance
required is eight feet. Private recreation space shall be directly accessible from the
residential unit. Private open space shall be suitably screened for the privacy of the
occupant. Location and screening are subject to review by the deciding body.
(2) Community recreation space. The minimum dimensions are 10 feet by 6 feet. A minimum
of 60 percent of the community recreation space shall be open to the sky and free of
permanent solid-roofed weather protection structures. Community recreation space
shall provide shading for a minimum of 15 percent of the community recreation space
by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree
shading shall be calculated by using the diameter of the tree crown at 15 years maturity.
Shading from other built structures shall be calculated by using the surface area of the
overhead feature.
i. Community recreation space shall be provided in Residential Mixed-Use developments
at a minimum of 100 square feet per residential unit plus a minimum of two percent
of the non-residential square footage.
ii. Community recreation space shall be provided in multi-family residential development
projects at a minimum of 100 square feet per residential unit.
iii. A project with four or fewer residential units is exempt from community recreation
space requirements.
SECTION IV. Subsection (4) of Section 29.20.150 “Considerations in review of applications,” of
Chapter 29, “Zoning Regulations,” is amended to read as follows:
(4) Considerations relating to site layout. The orientation and location of buildings and open
spaces in relation to the physical characteristics of the site and the neighborhood; and
the appearance of the buildings with adjacent development. Buildings shall strengthen
the form of the neighborhood (e.g. downtown, Los Gatos Boulevard, etc.). Buildings
should maximize preservation of solar access. In the downtown, mid-block pedestrian
arcades linking Santa Cruz Avenue with existing and new parking facilities shall be
encouraged, and shall include such crime prevention elements as good sight lines and
lighting systems.
Page 3 of 5
Draft Ordinance Adoption Date
SECTION V. Subsection (6) of Section 29.20.150, “Considerations in review of applications,” of
Chapter 29, “Zoning Regulations,” is amended to read as follows:
(6) Considerations relating to the exterior architectural design of buildings and structures.
The effect of the height, width, shape, and exterior construction and design of buildings
and structures as such factors relate to the existing and future neighborhood and
purposes of the zone in which they are situated, and the purposes of architecture and
site approval. Consistency and compatibility shall be encouraged in scale, massing,
materials, color, texture, reflectivity, openings, and other details.
SECTION VI. Subsection (a) of Section 29.20.190, “Findings and decision,” of Chapter 29,
“Zoning Regulations,” is amended to read as follows:
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of this chapter if
it finds that:
(1) The proposed uses of the property are essential to the public convenience or
welfare;
(2) The proposed uses will not impair the existing uses of the zone;
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the general plan and the purposes of this chapter; and
(5) A hazardous waste facility proposal is subject to the California Health and Safety
Code, Article 8.7, Section 25199—25199.14 and shall be consistent with the Santa
Clara County Hazardous Waste Management Plan.
SECTION VII. Section 29.40.660, “Recreational open space for multiple-family dwellings,” of
Chapter 29, “Zoning Regulations,” is amended to read as follows:
(1) Private open space. Each ground floor dwelling unit shall have a minimum of one
hundred and twenty (120) square feet of outdoor usable open space in the form of a
single enclosed patio or deck located essentially at the level of the main living area.
Each dwelling unit above the ground floor shall have sixty (60) square feet of outdoor
usable open space in the form of a balcony. Where multiple balconies are provided for
a single unit, the 60-square foot minimum can be an aggregate of all balconies,
provided each balcony meets the requirements for minimum horizontal dimensions.
For purposes of this section, a multiple floor unit with the lower floor on the ground
level can choose to either provide 120 square feet of open space in the form of a single
enclosed patio or deck or provide 60 square feet of open space in the form of a balcony.
The minimum horizontal dimension is six feet in any direction. The minimum vertical
clearance required is eight feet. Private recreation space shall be directly accessible
from the residential unit. Private open space shall be suitably screened for the privacy
of the occupant. Location and screening is subject to review by the deciding body.
Page 4 of 5
Draft Ordinance Adoption Date
(2) Community recreation space. The minimum dimensions are 10 feet by six feet. A
minimum of 60 percent of the community recreation space shall be open to the sky and
free of permanent solid-roofed weather protection structures. Community recreation
space shall provide shading for a minimum of 15 percent of the community recreation
space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis.
Tree shading shall be calculated by using the diameter of the tree crown at 15 years
maturity. Shading from other built structures shall be calculated by using the surface
area of the overhead feature.
i. Community recreation space shall be provided in Residential Mixed-Use
developments at a minimum of 100 square feet per residential unit plus a minimum
of two percent of the non-residential square footage.
ii. Community recreation space shall be provided in multi-family residential
development projects at a minimum of 100 square feet per residential unit.
iii. A project with four or fewer residential units is exempt from community recreation
space requirements.
SECTION VIII. 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 Ordinance and shall not affect
the validity of the remaining portions of this Ordinance. The Town hereby declares that it would
have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses, or phrases in this Ordinance might be declared unconstitutional, preempted, or
otherwise invalid.
SECTION IX. 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) in that it can be seen with certainty that it will
not significantly affect the physical environment in that it will in that it will make minor changes
to the regulations applicable to considerations for an Architecture and Site application, findings
for a Conditional Use Permit, manufactured housing, and private open space and community
recreation space requirements.
SECTION X. 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
Town 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.
Page 5 of 5
Draft Ordinance Adoption Date
SECTION XI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 21st day of January 2025, and adopted by the Town Council of the Town of Los
Gatos at its regular meeting on the 4th day of February 2025, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA