Staff Report with Exhibits 4 through 7.HE Program AB
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: 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: 04/09/2025
ITEM NO: 4
DATE: April 4, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Making a Recommendation to the Town Council to Adopt a
Resolution to Amend the General Plan to Allow 100 Percent Affordable
Housing Residential Developments as a Permitted Use in the Mixed-Use
Commercial General Plan Land Use Designation and Adopt an Ordinance to
Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100
Percent Affordable Residential Developments as a Permitted Use in the
Restricted Commercial Highway (CH) Zone, Pursuant to Implementation
Program AB of the 2023-2031 Housing Element. Adoption of this Resolution
and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it
Can be Seen with Certainty that they Will Not Impact the Environment.
General Plan Amendment Application GP-24-004 and Zoning Code
Amendment Application A-24-010. Project Location: Town Wide. Applicant:
Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council to adopt a Resolution to amend the General
Plan to allow 100 percent affordable residential developments as a permitted use in the Mixed-
Use Commercial General Plan Land Use Designation and adopt an Ordinance to amend Chapter
29 (Zoning Regulations) of the Town Code to add 100 percent affordable residential
developments as a permitted use in the Restricted Commercial Highway (CH) zone, pursuant to
Implementation Program AB of the 2023-2031 Housing Element.
CEQA:
The proposed amendments to the General Plan and Chapter 29 of the Town Code are not
subject to the California Environmental Quality Act ("CEQA") because the amendment being
proposed are not a project under CEQA pursuant to Section 21065 of the Public Resources Code
and Section 15378 of the State CEQA Guidelines. Additionally, the proposed amendments are
exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with
Page 453
PAGE 2 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code
Amendments, Implementation Program AB/GP-24-004 and A-24-010
DATE: April 4, 2025
certainty that the action will not have a significant adverse impact on the environment since
the proposed amendments to allow 100 percent affordable residential development as a
permitted use would occur on lands currently designated and zoned to allow a residential use
in a mixed-use development. Finally, any future 100 percent affordable residential
developments that include new construction under a discretionary process would be subject to
project specific environmental review under CEQA.
FINDINGS:
The proposed amendments are not a project under CEQA pursuant to Section 21065 of the
Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from
CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty
that the action will not have a significant adverse impact on the environment; any future
100 percent affordable residential developments that include new construction under a
discretionary process would be subject to project specific environmental review under
CEQA; and
The proposed amendments to the General Plan and Chapter 29 of the Town Code are
consistent with the General Plan because they would allow a residential use on lands
currently designated and zoned to allow a residential use in a mixed-use development of
the Town Code.
BACKGROUND:
With certification of the 2023-2031 Housing Element, the Town committed to completing the
Implementation Programs contained in the Housing Element. The Town is required to report
the progress made on the Housing Element Implementation Programs to the California
Department of Housing and Community Development (HCD) to demonstrate compliance with
the Housing Element and maintain its certification. Implementation Program AB of the Housing
Element requires amendments to the Mixed-Use Commercial Land Use Designation of the
General Plan and the CH zone (Chapter 29 of Town Code) to allow for 100 percent affordable
residential developments as a permitted use. Specifically, Implementation Program AB states
the following:
Amend the General Plan and the Municipal Code to allow for 100 percent affordable
residential development without the requirement of commercial uses.
On February 12, 2025, the General Plan Committee (GPC) considered the proposed
amendments and forwarded a recommendation to amend the General Plan to allow 100
percent affordable residential developments as a permitted use in the Mixed-Use Commercial
General Plan Land Use Designation and amend Chapter 29 (Zoning Regulations) of the Town
Code to add 100 percent affordable residential developments as a permitted use in the CH
zone. Included with the GPC’s recommendation was a request that maps showing where the
Page 454
PAGE 3 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code
Amendments, Implementation Program AB/GP-24-004 and A-24-010
DATE: April 4, 2025
proposed amendments would be applicable be provided to the Planning Commission and the
Town Council, and that a discussion of height allowances under State Density Bonus Law (SDBL)
also be provided. The February 12, 2025, GPC staff report and minutes are included as Exhibits
4 and 5.
DISCUSSION:
Policy HE-3.1 of the 2023-2031 Housing Element, requires the Town to facilitate the
development of affordable housing through regulatory incentives and concessions, and/or
financial assistance to remove barriers to the production of housing. Consistent with this policy,
Implementation Program AB requires amendments to the General Plan and the Town Code to
allow for 100 percent affordable residential developments as a permitted use without a
commercial component within the Mixed-Use General Plan Land Use Designation and CH zone.
The following is a summary of the required amendments for consideration by the Planning
Commission.
A. Mixed-Use Commercial General Plan Land Use Designation
The Mixed-Use Commercial Land Use Designation within the Town of Los Gatos 2020
General Plan Land Use Element currently permits, among other things, a mixture of
retail, office, and residential uses in a mixed-use project. However, a standalone
residential use is not permitted unless associated with a commercial use within a mixed-
use project.
Housing Element Implementation Program AB requires amending the Mixed-Use
Commercial Land Use Designation to also allow a standalone residential use when the
development would be 100 percent affordable. The proposed General Plan amendment
would affect all Town parcels with a Mixed-Use Commercial Land Use Designation and is
not limited to the properties included in the Sites Inventory of the Housing Element.
Exhibit 2 provides the draft amendments to the Mixed-Use Commercial General Plan
Land Use Designation.
Exhibit 6 shows the locations of the Mixed-Use Commercial General Plan Land Use
Designation in the Town. Through Implementation Program AB, these are the areas
where a 100 percent affordable residential development would be allowed as a
permitted use. These areas are concentrated along Los Gatos Boulevard between
Blossom Hill Road and Samaritan Drive, and Los Gatos-Saratoga Road at Alberto Way.
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PAGE 4 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code
Amendments, Implementation Program AB/GP-24-004 and A-24-010
DATE: April 4, 2025
B. Restricted Commercial Highway (CH) Zone
Generally speaking, Town properties with a Mixed-Use Commercial General Plan Land
Use Designation are zoned CH, and these properties are located along Los Gatos
Boulevard, north of Shannon Road. According to Town Code Section 29.60.415, “the CH
or restricted highway commercial zone is intended for development of vehicular-
oriented activities and sales along highway frontages, intermingled with compatible
retail, service, and administrative activities.”
Housing Element Implementation Program AB would involve amending Town Code
Section 29.60.420 (CH Zone – Permitted Uses), adding “100 percent affordable
residential developments” as a permitted use in the zone. The proposed Town Code
amendment would affect all Town parcels that are zoned CH and is not limited to the
properties included in the Sites Inventory of the Housing Element. Exhibit 3 provides the
draft amendments to Town Code Section 29.60.420.
Exhibit 7 shows the location of the commercial zones (C-1, C-2, CH, and O) where mixed
use developments are allowed with approval of a Conditional Use Permit (CUP).
General Plan Committee
On February 12, 2025, the GPC considered the proposed amendments and forwarded a
recommendation to amend the General Plan to allow 100 percent affordable residential
developments as a permitted use in the Mixed-Use Commercial General Plan Land Use
Designation and amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent
affordable residential developments as a permitted use in the CH zone. Included with the GPC’s
recommendation was a request that maps showing where the proposed amendments would be
applicable be provided to the Planning Commission and the Town Council. These maps are
included as Exhibits 6 and 7. Additionally, the GPC requested that a discussion of height
allowances under SDBL also be provided to the Planning Commission and Town Council. Below
is a comparison of the allowances provided for 100 percent affordable residential development
submitted under SDBL against other typical projects submitted under SDBL.
State Density Bonus Law
During discussion by the GPC, questions regarding the allowances provided for 100 percent
affordable residential developments under SDBL were provided to staff. The following provides
a response to the various questions related to SDBL. Staff notes that there are other state laws
meant to incentivize and streamline housing production such as SB 35, AB 2011, and SB 6, but
SDBL has been the most commonly used in the Town and is evaluated herein.
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PAGE 5 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code
Amendments, Implementation Program AB/GP-24-004 and A-24-010
DATE: April 4, 2025
SDBL created a mechanism to obtain more favorable development requirements for projects
with affordable or senior units. To meet the affordable housing goals, developers are entitled to
a density bonus that corresponds to specified percentages of units set aside for very-low, low,
or moderate-income households. In addition to the density bonus, SDBL provide three
provisions that must be granted to qualifying projects:
1. One or more concessions/incentives that provide cost reductions for the development.
Under the law, a concession includes a reduction in site development standards and/or
regulations when such regulations potentially make the project economically infeasible for
the developer to build. These can include a reduction in site development standards or
modification of zoning or architectural design requirements that exceed minimum building
standards. The number of allowed concessions is determined on a sliding scale based on the
percentage of units that will be set aside as affordable units and the household income
category of those affordable units.
2. Waivers are reductions or modifications of any development standards and other
regulations that would physically preclude the development of a project at the density
permitted. Development standards include, but are not limited to, height limitations,
setback requirements, FAR, open space requirements, or parking requirement that apply to
a residential development pursuant to any ordinance, general plan element, policy,
resolution, or regulation. There is no limit in the number of waivers an applicant can
request through SDBL.
3. Reductions in parking requirements provided based on the number of bedrooms in each
unit.
Under SDBL, a 100 percent affordable residential development is provided the following:
A density bonus of 80 percent and, when located within one-half mile of a major transit
stop, no limit on density [65915 (f)(3)(D)(i)];
Up to five concessions/incentives [65915 (d)(2)(D)];
Unlimited waivers to development standards [65915 (e)];
A height increase of three additional stories, or 33 feet, when located within one-half mile
of a major transit stop [65915 (d)(2)(D)]; and
Reductions in parking requirements based on the number of bedrooms in each unit [65915
(p)(1)] and, when located within one-half mile of a major transit stop, no parking
requirement [65915 (p)(3)].
Staff notes that aside from the additional height allowance summarized above, applicants can
request waivers from height standards under SDBL. Additionally, Public Resources Code Section
21064.3 defines a major transit stop. Staff has analyzed the definition and determined that
there are currently no major transit stops within Town boundaries or within one-half mile of
the Town boundary.
Page 457
PAGE 6 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code
Amendments, Implementation Program AB/GP-24-004 and A-24-010
DATE: April 4, 2025
The following table provides a comparison of projects at different levels of affordability against
a 100 percent affordable residential development under SDBL.
State Density Bonus Law Comparison
20 Percent
Low Income
20 Percent
Moderate Income
100 Percent
Low Income
Density Bonus 35 percent 15 percent 80 percent
Concessions/Incentives 2 2 5
Waivers Unlimited Unlimited Unlimited
Objective Design Standards
The proposed amendments allow for a 100 percent affordable residential development as a
permitted use. These amendments would not eliminate the need for other approvals that may
be required, such as Architecture and Site or Subdivision approval. If a 100 percent affordable
residential development is proposed that requires Architecture and Site approval, the Town’s
Objective Design Standards would apply.
CEQA DETERMINATION:
The proposed amendments are not a project under CEQA pursuant to Section 21065 of the
Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA
pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the
action will not have a significant adverse impact on the environment; any future 100 percent
affordable residential developments that include new construction under a discretionary
process would be subject to project specific environmental review under CEQA; and
CONCLUSION:
A. Summary
The proposed amendments to the General Plan and Town Code related to 100 percent
affordable housing developments respond to Implementation Program AB 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
proposed amendments to General Plan and Chapter 29 of the Town Code (Exhibit 2). The
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PAGE 7 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code
Amendments, Implementation Program AB/GP-24-004 and A-24-010
DATE: April 4, 2025
Planning Commission should also include any comments or recommended changes to the
proposed amendments in taking the following actions:
1. Make the required finding that the proposed amendments to the General Plan and
Chapter 29 of the Town Code included in Exhibits 2 and 3 are not a project under CEQA
pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State
CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA
Guidelines because it can be seen with certainty that the action will not have a
significant adverse impact on the environment; and any future 100 percent affordable
residential developments that include new construction under a discretionary process
would be subject to project specific environmental review under CEQA (Exhibit 1);
2. Make the required finding that the proposed amendments to the General Plan and
Chapter 29 of the Town Code included in Exhibits 2 and 3 are consistent with the
General Plan because they would allow a residential use on lands currently designated
and zoned to allow a residential use in a mixed-use development of the Town Code.
(Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the proposed
amendments to the General Plan (Exhibit 2) and Chapter 29 of the Town Code
(Exhibit 3).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the proposed
amendments to the General plan and Town Code 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.
EXHIBITS:
1. Required Findings
2. Draft Amendments to the General Plan
3. Draft Amendments to Chapter 29 of the Town Code
4. General Plan Committee Staff Report, February 12, 2025
5. General Plan Committee Draft Minutes, February 12, 2025
6. Map of Mixed-Use Commercial Land Use Designation
7. Map of Commercial Zones
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PLANNING COMMISSION – April 9, 2025
REQUIRED FINDINGS FOR:
General Plan Amendment Application GP-24-004
Zoning Code Amendment Application A-24-010
Consider Making a Recommendation to the Town Council to Adopt a Resolution to Amend the
General Plan to Allow 100 Percent Affordable Housing Residential Developments as a Permitted
Use in the Mixed-Use Commercial General Plan Land Use Designation and Adopt an Ordinance
to Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable
Residential Developments as a Permitted Use in the Restricted Commercial Highway (CH) Zone,
Pursuant to Implementation Program AB of the 2023-2031 Housing Element. Adoption of this
Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be
Seen with Certainty that they Will Not Impact the Environment. Project Location: Town Wide.
Applicant: Town of Los Gatos.
FINDINGS
Required Findings for CEQA:
The proposed amendments are not a project under CEQA pursuant to Section 21065 of the
Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from
CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty
that the action will not have a significant adverse impact on the environment; any future
100 percent affordable residential developments that include new construction under a
discretionary process would be subject to project specific environmental review under
CEQA.
Required Findings for General Plan:
The proposed amendments to the General Plan and Chapter 29 of the Town Code are
consistent with the General Plan because they would allow a residential use on lands
currently designated and zoned to allow a residential use in a mixed-use development of
the Town Code.
EXHIBIT 1
S:\PLANNING COMMISSION REPORTS\2025\04-09-2025\ITEM X - PROGRAM AB\EXHIBIT 1 - REQUIRED FINDINGS.DOCX
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Town of Los Gatos 2020 General Plan - Land Use Element
2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible
uses, including those authorized in any other Zoning District within the Town, may be permitted
where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a
mixed-use project residential uses may be permitted in conjunction with other permitted uses
in non-residential Zoning Districts with the exception of the Commercial Industrial and
Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity
limits are indicated by either allowable land coverage or floor area ratio (FAR) and a maximum
height limit.
[…]
Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Mixed-Use Commercial designation permits a mixture of retail, office, and
residential in a mixed-use project, along with lodging, service, auto-related businesses,
non-manufacturing industrial uses, recreational uses, and restaurants,. and 100 percent
affordable residential developments. Projects developed under this designation shall
maintain the smalltown, residential scale and natural environments of adjacent
residential neighborhoods, as well as provide prime orientation to arterial street
frontages and proper transitions and buffers to adjacent residential properties. This
designation should never be interpreted to allow development of independent
commercial facilities with principal frontage on the side streets.
[…]
EXHIBIT 2
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DIVISION 5. - CH OR RESTRICTED HIGHWAY COMMERCIAL ZONE
[…]
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) 100 percent affordable residential developments.
(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.
[…]
EXHIBIT 3
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PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Community Development Director, Planning Manager, 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: 2
DATE: February 7, 2025
TO: General Plan Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Forwarding a Recommendation to the Planning Commission to
Amend the General Plan to Allow 100 Percent Affordable Housing Projects as
a By-Right Use in the Mixed-Use Commercial General Plan Land Use
Designation and Amend Chapter 29 (Zoning Regulations) of the Town Code to
Add 100 Percent Affordable Housing Projects as a Permitted Use in the
Restricted Commercial Highway (CH) Zone Pursuant to Implementation
Program AB of the 2023-2031 Housing Element. Adoption of this Resolution
and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it
Can be Seen with Certainty that they Will Not Impact the Environment.
General Plan Amendment Application GP-24-004 and Zoning Code
Amendment Application A-24-010. Project Location: Town Wide. Applicant:
Town of Los Gatos. Project Planner: Ryan Safty.
RECOMMENDATION:
Consider forwarding a recommendation to the Planning Commission to amend the General Plan
to allow 100 percent affordable housing projects as a by-right use in the Mixed-Use Commercial
General Plan Land Use Designation and amend Chapter 29 (Zoning Regulations) of the Town
Code to add 100 percent affordable housing projects as a permitted use in the Restricted
Commercial Highway (CH) Zone pursuant to Implementation Program AB of the 2023-2031
Housing Element.
CEQA:
Adoption of this ordinance and resolution 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 allow affordable housing
as a permitted use in the Mixed-Use Commercial General Plan Land Use Designation and CH
zone and residential uses are already allowed in the Mixed-Use Commercial General Plan Land
EXHIBIT 4Page 467
PAGE 2 of 3
SUBJECT: Housing Element Overlay Zone/A-24-010 and GP-24-004
DATE: February 7, 2025
Use Designation with a mixed-use project and residential uses are already allowed with a
Conditional Use Permit in the CH zone as a part of a mixed-use project.
BACKGROUND:
With certification of the 2023-2031 Housing Element, the Town committed to completing the
Implementation Programs contained in the Housing Element. The Town is required to report
the progress made on the Housing Element Implementation Programs to the California
Department of Housing and Community Development (HCD) to demonstrate compliance with
the Housing Element and maintain its certification. Implementation Program AB of the Housing
Element requires amendments to the Mixed-Use Commercial Land Use Designation of the
General Plan and the CH zone (Chapter 29 of Town Code) to allow for 100 percent affordable
residential development in these areas without the need of a commercial component within
the Mixed-Use General Plan Land Use Designation and CH zone (Attachment 1). Specifically,
Implementation Program AB states the following:
▪ Amend the General Plan and the Municipal Code to allow for 100 percent affordable
residential development without the requirement of commercial uses.
The role of the General Plan Committee (GPC) is to assist the Planning Commission and Town
Council on matters relating to the General Plan or any specific plans. As a legislative item, the
Planning Commission will make a recommendation to Town Council on the proposed
amendments.
DISCUSSION:
The following is a summary of the required amendments for consideration by the GPC.
A. Mixed-Use Commercial General Plan Land Use Designation
The Mixed-Use Commercial Land Use Designation within the Town of Los Gatos 2020
General Plan Land Use Element currently permits, among other things, a mixture of retail,
office, and residential uses in a mixed-use project. However, a residential use is not
permitted unless associated with a commercial use within a mixed-use project.
Housing Element Implementation Program AB requires amending this Designation to also
allow a standalone residential use when the development would be 100 percent affordable.
The proposed General Plan amendment would affect all Town parcels with a Mixed-Use
Commercial Land Use Designation and is not limited to the properties included in the Sites
Inventory of the Housing Element. Attachment 2 shows the draft amendment to the Mixed-
Use Commercial General Plan Land Use Designation.
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PAGE 3 of 3
SUBJECT: Housing Element Overlay Zone/A-24-010 and GP-24-004
DATE: February 7, 2025
B. Restricted Commercial Highway (CH) Zone
Generally speaking, Town properties with a Mixed-Use Commercial General Plan Land Use
Designation are zoned CH, and these properties are located along Los Gatos Boulevard,
north of Shannon Road. According to Town Code Section 29.60.415, “the CH or restricted
highway commercial zone is intended for development of vehicular-oriented activities and
sales along highway frontages, intermingled with compatible retail, service, and
administrative activities.”
Housing Element Implementation Program AB would involve amending Town Code Section
29.60.420 (CH Zone – Permitted Uses), adding “100 percent affordable housing
developments” as a permitted use in the zone. The proposed Town Code amendment
would affect all Town parcels that are zoned CH and is not limited to the properties
included in the Sites Inventory of the Housing Element. Attachment 3 shows the draft
amendment to Town Code Section 29.60.420.
PUBLIC NOTIFICATION:
Public notification included a legal ad in the paper, published on February 7, 2025.
PUBLIC COMMENTS:
As of the drafting of this report, no comments from the public have been received.
CONCLUSION:
The GPC should consider the draft amendments to the 2020 General Plan Land Use Element
and Chapter 29 (Zoning Regulations) of the Town Code regarding 100 percent affordable
residential development in the Mixed-Use Commercial General Plan Land Use Designation and
the CH Zone of the Town Code, and make a recommendation to the Planning Commission.
ATTACHMENTS:
1. Housing Element Implementation Program AB
2. Draft General Plan Amendment
3. Draft Zoning Code Ordinance Amendment
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10. Housing Element
June 4, 2024 2023-2031 Housing Element 10-55
Programs
would result amendments to the Municipal
Code, as follows :
Align parking requirements with the
preparation of Objective Design
Standards.
Reduce parking requirements near
transit.
Remove guest parking requirements
for all residential and mixed-use
projects in all zones.
Allow parking to be unbundled from
residential units.
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Town Code changes by June 2025
Funding Source
None required
Quantified Objective
Zoning Code amendment to reduce parking
standards
Performance Metric(s)
Zoning Code amendment
AB Allow for 100 Percent Affordable
Residential Development in Mixed-Use
General Plan Designations
Amend the General Plan and the
Municipal Code to allow for 100 percent
affordable residential development
without the requirement of commercial
uses.
Implementation
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement General Plan and Municipal Code
changes by June 2024
Funding Source
None required
Quantified Objective
Amend the General Plan and Zoning Code to allow
for 100 percent affordable housing development in
Mixed-Use General Plan designations
Performance Metric(s)
Measure the number of mixed-use units entitled
annually
AC SB 35 Process Improvements
Develop an SB 35 checklist and written
procedures for processing SB 35
applications to ensure efficient and
complete application processing.
Implementation
HE-3.3 Efficient Development Processing
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement by December 2023
Funding Source
Staff Time
Quantified Objective
ATTACHMENT 1
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Town of Los Gatos 2020 General Plan ‐ Land Use Element
2.Non‐ResidenƟal Land Use DesignaƟons
For non‐residenƟal land uses, the specific uses menƟoned are illustraƟve, and other compaƟble
uses, including those authorized in any other Zoning District within the Town, may be permiƩed
where authorized by a CondiƟonal Use Permit or Planned Development Overlay Zone. In a
mixed‐use project residenƟal uses may be permiƩed in conjuncƟon with other permiƩed uses
in non‐residenƟal Zoning Districts with the excepƟon of the Commercial Industrial and
Controlled Manufacturing Zoning Districts. For non‐residenƟal land uses, building intensity
limits are indicated by either allowable land coverage or floor area raƟo (FAR) and a maximum
height limit.
[…]
Mixed‐Use Commercial: Up to 50 percent land coverage with a 35‐foot height limit
The Mixed‐Use Commercial designaƟon permits a mixture of retail, office, and residenƟal in
a mixed‐use project, along with lodging, service, auto‐related businesses, non‐
manufacturing industrial uses, recreaƟonal uses, and restaurants,. and 100 percent
affordable housing developments. Projects developed under this designaƟon shall maintain
the smalltown, residenƟal scale and natural environments of adjacent residenƟal
neighborhoods, as well as provide prime orientaƟon to arterial street frontages and proper
transiƟons and buffers to adjacent residenƟal properƟes. This designaƟon should never be
interpreted to allow development of independent commercial faciliƟes with principal
frontage on the side streets.
[…]
ATTACHMENT 2
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DIVISION 5. ‐ CH OR RESTRICTED HIGHWAY COMMERCIAL ZONE
[…]
Sec. 29.60.420. ‐ PermiƩed uses.
(a)AcƟviƟes allowed in the CH or restricted highway commercial zone are those which do not
unreasonably interfere with nearby residenƟal 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 acƟviƟes.
(4)Limited manufacturing acƟviƟes when a majority of sales are made on site to the ulƟmate
consumer.
(5)Group classes.
(6)Specialty food retail without alcoholic beverages.
(7)100 percent affordable housing developments.
(b)Examples of proper CH acƟviƟes are grocery stores, laundereƩes or dry‐cleaning agencies,
drugstores, barbershops, appliance repair shops, and offices. Examples of acƟviƟes which are
not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry
or dry‐cleaning plants.
[…]
ATTACHMENT 3Page 475
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
GENERAL PLAN COMMITTEE
REPORT
MEETING DATE: xx/xx/2025 ITEM NO: 1
DRAFT
MINUTES OF THE GENERAL PLAN COMMITTEE MEETING
FEBRUARY 12, 2025
The General Plan Committee of the Town of Los Gatos conducted a meeting on February 12,
2025, at 5:30 p.m.
MEETING CALLED TO ORDER AT 5:30 P.M.
ROLL CALL Present: Chair Ryan Rosenberg, Vice Chair Emily Thomas, Council Member Maria Ristow,
Council Member Rob Rennie, Commissioner Jeffrey Barnett.
Absent: Commissioner Rob Stump.
Chair Rosenberg noted that there are no members of the public in the audience.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1.Approval of Meeting Minutes of June 26, 2024.
MOTION: Motion by Council Member Ristow to Approve Consent Item. Seconded
by Vice Chair Thomas.
VOTE: Motion passes (4-1) with Committee Member Barnett recusing.
PUBLIC HEARINGS
2.Consider Forwarding a Recommendation to the Planning Commission to Amend the
General Plan to Allow 100 Percent Affordable Housing Projects as a By-Right Use in the
Mixed Use Commercial General Plan Land Use Designation and Amend Chapter 29
(Zoning Regulations) of the Town Code to Add 100 Percent Affordable Housing Projects
as a Permitted Use in the Restricted Commercial Highway (CH) Zone Pursuant to
Implementation Program AB of the 2023-2031 Housing Element. Adoption of this
Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it
Can be Seen with Certainty that they Will Not Impact the Environment. General Plan
EXHIBIT 5Page 477
PAGE 2 OF 4 SUBJECT: MINUTES OF THE GENERAL PLAN COMMITTEE MEETING OF FEBRUARY 12, 2025
Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010.
Project Location: Town Wide. Applicant: Town of Los Gatos.
Ryan Safty, Associate Planner, presented the staff report.
Committee members discussed the matter.
Jeffrey Barnett
Are these amendment requests consistent with other jurisdictions?
Gabrielle Whelan, Town Attorney
These amendments are unique to Los Gatos’ Housing Element.
Rob Rennie
Are there any mixed-use locations that wouldn’t make sense to have 100 percent
affordable housing? Are there commercial zones that allow this?
Joel Paulson, Community Development Director
The Implementation Program is specific to the mixed-use General Plan Land Use
Designation. There are other commercial zones where mixed-use can be allowed with a
Conditional Use Permit.
Emily Thomas
It is suggested to provide a map of the locations this Program would apply to or where
we can expand it to, and to see if there are any overlaps with other programs when this goes to
Planning Commission.
Maria Ristow
This is in our approved Housing Element, so we cannot scale this back, but I would like
to see a map of potential locations.
Rob Rennie
Is there a difference in terms of what a developer is entitled to if they do a 100 percent
affordable build?
Gabrielle Whelan
I can speak to Density Bonus Statute: With 100 percent affordable, it is a very generous
height restriction compared to regular builds. I will clarify the height restrictions before this
item goes to Planning Commission.
Emily Thomas
Would our Objective Standards apply?
Joel Paulson
We will be sure to clarify that.
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PAGE 3 OF 4 SUBJECT: MINUTES OF THE GENERAL PLAN COMMITTEE MEETING OF FEBRUARY 12, 2025
Maria Ristow
It would be useful to have a comparison or list of what kinds of waivers or concessions
can be done between 20 or 100 percent affordable housing.
Emily Thomas
Include information in the next staff report on what the consequences are if we don’t
accomplish these Implementation Programs.
Open Public Comment.
Lee Fagot
Asking for the maps is very helpful for the public, so getting this is great. The more
information the public can receive, the better so that we can engage more with the
conversations happening.
Closed Public Comment.
Commissioners continued to discuss the matter.
Maria Ristow
Are there additional incentives to offer for 100 percent affordable housing builds?
Joel Paulson
There is an Implementation Program that asks us to provide incentives for 100 percent
affordable housing.
MOTION: Motion by Chair Rosenberg to recommend approval to the Planning
Commission for a General Plan Amendment to allow 100 percent
affordable housing projects as a by-right use in the Mixed Use
Commercial General Plan Land Use designation and amend Chapter 29
(Zoning Regulations) of the Town Code to add 100 percent affordable
housing projects as a permitted use in the Restricted Commercial
Highway (CH) Zone pursuant to Implementation Program AB of the 2023-
2031 Housing Element. Additionally, it is recommended to include a map
and to clarify the height allowed for the 100 percent affordable housing
builds when this goes to Planning Commission. Seconded by Council
Member Ristow.
VOTE: Motion passes unanimously.
OTHER BUSINESS
3. Election of the Chair and Vice Chair
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PAGE 4 OF 4 SUBJECT: MINUTES OF THE GENERAL PLAN COMMITTEE MEETING OF FEBRUARY 12, 2025
Chair Nomination:
MOTION: Motion by Council Member Ristow to elect Ryan Rosenberg as Chair of
the General Plan Committee. Seconded by Commissioner Barnett.
VOTE: Motion passed unanimously.
Vice Chair Nomination:
MOTION: Motion by Chair Rosenberg to elect Emily Thomas as Vice Chair of the
General Plan Committee. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
4. 2025 General Plan Committee Meeting Calendar
ADJOURNMENT
The meeting adjourned at 5:55 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
February 12, 2025, meeting as approved by the
General Plan Update Advisory Committee.
Joel Paulson, Director of Community Development
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