Ord 2376 - Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed ORDINANCE 2376
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REPEALING AND REPLACING PLANNED DEVELOPMENT ORDINANCE 1281
ESTABLISHING DEVELOPMENT STANDARDS AND ALLOWABLE USES FOR LOTS
WITHIN THE PLANNED DEVELOPMENT OVERLAY ZONE AND THE MAXIMUM FLOOR
AREA RATIO AND THE MAXIMUM LOT COVERAGE ALLOWED ON LOT 8 IN THE VASONA
OAKS SUBDIVISION AT VASONA OAKS DRIVE
WHEREAS,the applicant, Elad Batito of Green Bay Remodeling Inc., proposes to modify
Planned Development Ordinance 1281 to allow an increase in floor area ratio and lot coverage
beyond the limits authorized by Ordinance 1281 for the property located at 130 Vasona Oaks
Drive (Lot 8 in the Vasona Oaks Subdivision); and
WHEREAS, the performance standards of the original Planned Development Ordinance will
remain in effect for all lots within this Planned Development Overlay Zone, except where allowed
or modified by Performance Standard#9 below for Lot 8; and
WHEREAS, on August 13, 2025,the Planning Commission held a public hearing and
received the staff report and applicant's presentation on the proposed project. After discussing
the matter, the Planning Commission voted unanimously to recommend approval of the project
to the Town Council; and
WHEREAS,this matter came before the Town Council for public hearing on September 16,
2025, and was regularly noticed in conformance with State and Town law; and
WHEREAS,the Town Council held a public hearing; received the staff report and the
applicant's presentation on the proposed project; and considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of
materials contained in the Council Agenda Report for their meeting on September 16, 2025. After
discussing the matter, the Town Council voted unanimously to introduce the Ordinance; and
WHEREAS,the Town Council finds that the requested amendments are compatible with
the surrounding neighborhood and consistent with the goals and policies of the General Plan; and
WHEREAS, the Town Council approves Planned Development application PD-25-002 to
repeal and replace Planned Development Ordinance 1281 adopting the "Development Plan for Lot
8" for the property, clarifying development standards, allowable uses, and performance standards
for this Planned Development Zone as well as standards specific to Lot 8 within the Vasona Oaks
Subdivision.
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Ordinance 2376 October 7, 2025
NOW,THEREFORE,THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I. Legislative Findings.
A. With regard to CEQA,the request to modify Planned Development Ordinance 1281 is not
subject to the California Environmental Quality Act, because it can be seen with certainty that
it will not impact the physical environment. (CEQA Guidelines Section 15061(b)(3).)
B. With regard to required compliance with the Town Code, as required by Section 29.80.095 of
the Town Code for granting a Planned Development Overlay Zone,the proposed amendment:
1. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the
purpose and intent of a Planned Development Overlay Zone;
2. Conforms with the goals, policies, and applicable land use designations and standards of
the Town's General Plan, including but not limited to Policy LU-6.8;
3. Conforms with all other applicable provisions of the Town Code, including Town Council—
adopted guidelines, except as otherwise modified through the Planned Development
process; and
4. Includes development standards or uses that deviate from the underlying zoning in a way
that results in innovative site planning and provides public benefit through maximized
open space.
C. With regard to required consistency with the Town's General Plan,the amendment to the
Planned Development Overlay is consistent with the General Plan and its Elements, including
but not limited to Policy LU-6.8; and that the amendment to the Planned Development
Overlay zoning is consistent with the existing General Plan designation.
SECTION II. Planned Development Overlay Zone.
The zoning of the property shown on the map which is attached hereto as Exhibit A and is
a part of this ordinance will remain R-M:5-12:PD (Multiple Family Residential, 5-12 dwelling units
per net acre—Planned Development), but the performance standards will be amended as set
forth below.
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Ordinance 2376 October 7, 2025
SECTION III. Uses and Improvements Authorized.
The PD (Planned Development) Zone established by this Ordinance authorizes
development on the above-described real property of 17 single family detached dwellings,
landscaping, parking, and other Improvements shown and required on the "Official Development
Plan" on file with the Town Clerk and Planning Department. Permitted uses for the project are
specified by Chapter 29, Article IV, Division 6 of the Zoning Ordinance (as this section exists at
the time of the adoption of this Ordinance or as amended in the future), and on Page 1 of the
developer's "Official Development Plan." All other uses as listed in Section 29.40.615 of the
Zoning Ordinance are conditional uses and require issuance of a Conditional Use Permit.
SECTION IV. Minor Residential Development Approval Required.
Prior to the issuance of any permits in compliance with the "Official Development Plan"
and the "Development Plan for Lot 8" hereby approved, Minor Residential Development
approval is required.
SECTION V. Official Development Plan.
The "Official Development Plan" for the Planned Development established by this
Ordinance consists of this Ordinance and the following listed plans (approved stamped,
December 1, 1975) and the "Development Plan for Lot 8," which are on file in the Office of the
Town Clerk and the Community Development Department.
1. Sheet No. 1: Site plan, illustrating: 17 detached single-family residences, garages, 17 open
off-street parking stalls, landscaping areas, balconies and decks, and vehicular access and
circulation.
2. Sheet No. 2: Section through the property showing the slope, and units on either side of the
proposed street.
3. Sheet No. 3: Block elevation of all units facing the University Avenue street scene.
4. Sheets 4, 5, and 6:Typical building elevations of both uphill and downhill structures.
5. Development Plan for Lot 8, included as Exhibit 9 of the August 13, 2025, Planning
Commission Staff Report.
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Ordinance 2376 October 7, 2025
SECTION VI. Performance Standards.
In addition to the foregoing plans,the following performance standards are part of the
"Official Development Plan:"
1. That the conditions, covenants, and restrictions be submitted for approval in conjunction
with the tentative subdivision map and the Precise Development Plan.
2. That the setbacks and building separations shown on the "Official Development Plan" be
considered as minimum in preparation of the Precise Development Plan.
3. That all paved areas be separated from landscaped areas with a 6" high concrete curb.
4. That the applicant guarantee by contract and bond the installation of street improvements
as follows:
University Avenue: Widen approximately 12 feet to provide left-turn storage at the
Intersection with the new street. Install new concrete curb and gutter and street lighting.
New Street: Install curb and gutter, pavement (24' curb to curb), street lighting, storm
drainage and sanitary sewer.
5. Dedication of right-of-way along University Avenue, as required,to a line 10 feet behind the
new face of curb.
6. Dedication of the interior street and cul-de-sac bulb.The interior street shall be 24 feet(curb
to curb) within a 26-foot minimum right-of-way.
7. That the garages shall be located less than 10 feet or more than 20 feet from the curb line.
8. That a soils engineering report be provided to establish the stability of the existing slope
bank,and shall recommend grading procedures and protective measures for the project.This
report shall be to the satisfaction of the Town Engineer.
9. Lot 8 will be subject to the performance standard set forth above. However, the "Official
Development Plan"shall be deemed to include development plans specific to Lot 8 reflecting
modifications to a single-family residence located at 130 Vasona Oaks Drive (APN: 424-42-
008) included as Exhibit 9 of the August 13, 2025, Planning Commission Staff Report. These
Lot 8 modifications include the enclosure of an existing second-story deck to create an
enclosed 231-square foot sunroom, expansion of the second floor living area by 91 square
feet, and creation of 92 square feet of additional living area on the third floor. As a result of
these modifications on Lot 8, the maximum floor area ratio (FAR) will increase from 1.01 to
1.22, and lot coverage will increase from 66 percent to 73.40 percent.The modified plans for
Lot 8 are on file in the Office of the Town Clerk and Planning Department and shall be subject
to the same standards and conditions as the original approved Precise Development Plan
with the exception of FAR and lot coverage as outlined above.
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Ordinance 2376 October 7, 2025
SECTION VII. 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 VIII. Publication.
In accordance with Section 36937 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.
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Ordinance 2376 October 7, 2025
SECTION IX. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 16th day of September 2025, and adopted by the Town Council of the Town of
Los Gatos at its regular meeting on the 7th day of October 2025, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mary Badame, Mayor Matthew Eludes
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
INCM:24- 14'.1\
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
0
TOWN CL K OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Ordinance 2376 October 7,2025
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TOWN OF LOS GATOS
Application No. PD-25-002 A.P.N. #424-42-008 "
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change From: R-M:5-12:PD To: R-M:5-12:PD
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Forwarded by Planning Commission Date: August 13, 2025
Approved by Town Council Date: Ord:
Clerk Administrator: Mayor:
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