Planning Commission Packet - 11-12-2025Page 1
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
NOVEMBER 12, 2025
110 EAST MAIN STREET
TOWN COUNCIL CHAMBERS
7:00 PM
Emily Thomas, Chair
Kendra Burch, Vice Chair
Jeffrey Barnett, Commissioner
Susan Burnett, Commissioner
Steven Raspe, Commissioner
Joe Sordi, Commissioner
Rob Stump, Commissioner
IMPORTANT NOTICE
This is a hybrid/in-person meeting and will be held in-person at the Town Council Chambers at
110 E. Main Street and virtually through the Zoom webinar application (log-in information
provided below). Members of the public may provide public comments for agenda items in-
person or virtually through the Zoom webinar by following the instructions listed below. The
live stream of the meeting may be viewed on television and/or online
at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device: Please click
this URL to join: https://losgatosca-
gov.zoom.us/j/84581980917?pwd=HBC1JDVAnIv95RNwWbWOUU0PKq949O.1. Passcode:
943933. You can also type in 845 8198 0917 in the “Join a Meeting” page on the Zoom
website at https://zoom.us/join and use passcode 943933.
When the Chair announces the item for which you wish to speak, click the “raise hand” feature
in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad
to raise your hand.
Telephone: Please dial (877) 402-9753 for US Toll-free or (636) 651-3141 for US Toll.
(Conference code: 602463). If you are participating by calling in, press #2 on your telephone
keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the Chamber benches
and return it to the Vice Chair before the meeting or when the Chair announces the item for
which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Chair’s discretion.
(2) If you are unable to participate in real-time, you may email planning@losgatosca.gov with
the subject line “Public Comment Item #__” (insert the item number relevant to your
comment).
(3) Deadlines to submit written public comments are:
11:00 a.m. the Friday before the Planning Commission meeting for inclusion in the agenda
packet.
11:00 a.m. the business day before the Planning Commission meeting for inclusion in an
addendum.
11:00 a.m. on the day of the Planning Commission meeting for inclusion in a desk item.
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MEETING CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS (Members of the public may address the Commission on matters
not listed on the agenda and are within the subject matter jurisdiction of the Commission. Unless
additional time is authorized by the Commission, remarks shall be limited to three minutes.)
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Planning Commission
acts on the consent agenda, any member of the Commission may request that any item be
removed from the consent agenda. At the Chair’s discretion, items removed from the consent
calendar may be considered either before or after the Public Hearings portion of the agenda.)
1. Draft Minutes of the October 8, 2025, Planning Commission Meeting
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a
total of five minutes maximum for opening statements. Members of the public may be allotted
up to three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of three minutes maximum for closing
statements. Items requested/recommended for continuance are subject to the Commission’s
consent at the meeting.)
2. Consider a Request for Approval of a Conditional Use Permit Application for a New
Veterinary Clinic on Property Zoned CH. Located at 16150 Los Gatos Boulevard. APN
523-06-038. Categorically Exempt Pursuant to California Environmental Quality Act
Guidelines Section 15301: Existing Facilities. Conditional Use Permit Application U-25-
007. Applicant: Wendy Zhang. Property Owner: Harman Management Corp. Project
Planner: Samina Merchant.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a
total of five minutes maximum for opening statements. Members of the public may be allotted
up to three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of three minutes maximum for closing
statements. Items requested/recommended for continuance are subject to the Commission’s
consent at the meeting.)
3. Discuss the Town’s Regulations Applicable to Below Grade Square Footage.
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
SUBCOMMITTEE REPORTS / COMMISSION MATTERS
ADJOURNMENT (Planning Commission policy is to adjourn no later than 11:30 p.m. unless a
majority of the Planning Commission votes for an extension of time.)
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ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to
make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].
NOTICE REGARDING SUPPLEMENTAL MATERIALS Materials related to an item on this agenda
submitted to the Planning Commission after initial distribution of the agenda packets are
available for public inspection at Town Hall, 110 E. Main Street, Los Gatos and on the Town’s
website at www.losgatosca.gov. Planning Commission agendas and related materials can be
viewed online at https://losgatos-ca.municodemeetings.com/.
Planning Commission meetings are broadcast Live on KCAT, Channel 15 (on Comcast) on the 2nd and 4th Wednesdays at 7:00 p.m.
Live and Archived Planning Commission meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/12/2025
ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
OCTOBER 8, 2025
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, October 8, 2025, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Emily Thomas, Vice Chair Kendra Burch, Commissioner Susan Burnett,
Commissioner Steve Raspe, Commissioner Joseph Sordi, Commissioner Rob Stump
Absent: Commissioner Jeffrey Barnett
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
Anonymous Member of the Public
- Commented on concerns related to recent national and political events.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – September 10, 2025
2. Approval of Minutes – September 24, 2025
Chair Thomas indicated that an anonymous member of the public requested Item 1, Minutes
of the September 10, 2025 Planning Commission meeting be pulled from the Consent
Calendar.
Anonymous Member of the Public
- Commented on concerns related to pathways in the Town and recent national and
political events.
MOTION: Motion by Commissioner Stemp to approve adoption of the Consent
Calendar. Seconded by Commissioner Sordi.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 8, 2025
PUBLIC HEARINGS
3. 24 Pleasant Street
Request for Review PHST-25-013
APN 529-26-016
Property Owner/Applicant/Appellant: Swapnil Raut and Rashmi Jadhav
Project Planner: Suray Nathan
Consider an Appeal of a Community Development Director to deny a request to remove
a pre-1941 property from the Historic Resources Inventory for property zoned R-1D.
Exempt pursuant to CEQA Guidelines Section 15061(b)(3).
Suray Nathan, Assistant Planner, presented the staff report.
Opened Public Comment.
Swapnil Raut (Applicant)
- They are requesting removal of their property from the Historic Resources Inventory. This
home no longer meets the criteria of historic designation due to loss of integrity and
substantial alterations over time. The original front and side windows have been replaced,
and key character defining features are no longer present. A major rear addition has
significantly changed the home footprint plan and design from its documented historic
condition. The rear is completely visible and not aligned with the original roofline, and our
architect could not guarantee that this is as per the code. The current roofline and exterior
do not reflect the original architectural style, making the structure inconsistent with its
period of significance. It also does not represent Mediterranean Revival, lacking the
distinctive details and defining features. The Historic Preservation Committee’s decision
was not unanimous, indicating expert disagreement regarding eligibility and reinforcing
that the property does not meet that threshold for listing. Their request is simply to allow
them the flexibility to make thoughtful updates that support their family’s needs, while
staying aligned with the community’s visual traditions.
Swapnil Raut (Applicant)
- They want to say thank you for your time and we appreciate all the Town’s efforts. They
understand the guidelines and the historic nature of the City, and their actions will not dent
that history of the Town. Their only intention is to accommodate their family’s needs and
follow the rules.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Sordi to grant the appeal and allow removal of
24 Pleasant Street from the Historic Resources Inventory, subject to
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MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 8, 2025
findings for CEQA Section 15061(b)(3), and subject to findings and
considerations in Section 4.6 of the Residential Design Guidelines.
Seconded by Vice Chair Burch.
VOTE: Motion passed 5-1 with Commissioner Burnett dissenting.
REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
Joel Paulson, Director of Community Development
• A joint Planning Commission/Town Council study session regarding CEQA will be held on
October 21st.
• The regularly scheduled October 22nd Planning Commission meeting has been cancelled.
• Apologized for staff not putting discussion related to Cellar Square Footage and FAR on
tonight’s agenda, but it will come forward on a future agenda.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 8:12 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
October 8, 2025 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
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PREPARED BY: Samina Merchant
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/12/2025
ITEM NO: 2
DATE: November 7, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval of a Conditional Use Permit Application for a
New Veterinary Clinic on Property Zoned CH. Located at 16150 Los Gatos
Boulevard. APN 523-06-038. Categorically Exempt Pursuant to California
Environmental Quality Act Guidelines Section 15301: Existing Facilities.
Conditional Use Permit Application U-25-007. Applicant: Wendy Zhang.
Property Owner: Harman Management Corp. Project Planner: Samina
Merchant.
RECOMMENDATION:
Consider a request for approval of a Conditional Use Permit (CUP) for a veterinary hospital on
property zoned CH, located at 16150 Los Gatos Boulevard.
PROJECT DATA:
General Plan Designation: Mixed Use Commercial
Zoning Designation: CH, Restricted Highway Commercial Zone
Applicable Plans & Standards: General Plan, Town Code
Parcel Size: 0.30 Acres
Surrounding Area
Existing Land Use General Plan Zoning
North Commercial Mixed Use Commercial C-1
East Residential Low Density Residential R-1:8
South Residential Low Density Residential CH and R-1:8
West Commercial Mixed Use Commercial CH:HEOZ
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SUBJECT: 16150 Los Gatos Boulevard/U-25-007
DATE: November 7, 2025
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant
environmental impact is expected, as the project proposes utilizing an existing structure with
no increase in floor area.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing
Facilities.
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is approximately 0.30 acres and is located on the east side of Los Gatos
Boulevard immediately south of the Kings Court Shopping Center (Exhibit 1). The site is
developed with an existing single-story commercial building totaling 2,315 square feet and
includes 15 surface parking spaces. The property is currently vacant; its previous use was a fast
food restaurant.
On August 7, 2025, the Community Development Department received an application for a new
CUP to allow a veterinary hospital within the existing commercial building. No exterior
modifications are proposed as part of this CUP application (Exhibit 4).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project is located at 16150 Los Gatos Boulevard, two properties north of the
intersection of Los Gatos Boulevard and Magneson Loop. The site is bordered by the Kings
Court Shopping Center to the north, residential properties to the south and east, and
commercial properties to the west. Primary access to the property is provided from the
west via Los Gatos Boulevard. The surrounding area includes a mix of commercial and
residential uses.
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SUBJECT: 16150 Los Gatos Boulevard/U-25-007
DATE: November 7, 2025
B. Project Summary
The applicant is requesting a CUP to operate a new, full-service general practice veterinary
hospital designed to meet the needs of pet-owning residents within the community and
surrounding areas. No new construction or site development is proposed as part of this
application.
If the CUP is approved, the application will be conditioned to obtain all necessary permits,
including a building permit, sign permit, and business license prior to commencing
operations.
C. Zoning Compliance
A veterinary hospital is a conditional use in the CH zone requiring approval of a CUP by the
Planning Commission.
DISCUSSION:
A. Conditional Use Permit
The applicant is requesting approval of a CUP to operate a veterinary hospital (Vasona
Animal Hospital) occupying the existing 2,315 square-foot single-story commercial building
on the subject property (Exhibit 6).
The proposed veterinary hospital will provide a comprehensive range of services for small
animals, including cats, dogs, birds, reptiles, and small mammals. Services will include
wellness care (examinations, diagnostics, and vaccinations), chronic disease management,
minor urgent care, routine surgeries, and dentistry. The hospital would also include a retail
component offering items related to animal health and treatment, such as therapeutic
shampoos, diets, and nutritional supplements. This retail use is permitted by right and
therefore not part of the CUP request. The applicant has provided a detailed description of
operations and justification for the proposed use (Exhibit 4).
When reviewing a CUP request, the deciding body considers the information in the
applicant’s business plan; however, the primary focus should be on the proposed use itself,
as business operations may evolve. The use is typically defined in the conditions of approval
to ensure that the CUP applies to the land use rather than the individual operator. Because
a CUP runs with the land, review and approval should be based on the explicit use rather
than the applicant’s specific business model.
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SUBJECT: 16150 Los Gatos Boulevard/U-25-007
DATE: November 7, 2025
ANALYSIS:
A. Hours of Operation
The applicant proposes operating the veterinary hospital Monday through Friday from
8:00 a.m. to 6:00 p.m. Initially, the applicant does not plan to operate on weekends, but
included weekend hours from 8:00 a.m. to 2:00 p.m. with their request so they will not have
to modify their CUP in the future should they decide to expand operations to include the
weekends.
B. Number of Doctors
The applicant requests a maximum of two veterinarians on site at any given time. These
limitations are included as Condition 6 in Exhibit 3.
C. Parking
Pursuant to Section 29.10.150 (c)(8) of the Town Code, veterinary hospitals are required to
provide one parking space per 250 square feet of floor area, or six spaces per doctor,
whichever standard is more restrictive. Based on the existing 2,315 square-foot building,
the veterinary hospital would require 10 parking spaces. The applicant proposes a
maximum of two doctors at any given time, which would require 12 parking spaces under
the Town Code, which would be the applicable requirement. The subject site provides a
total of 15 on-site parking spaces, complying with the parking requirements (Exhibit 6).
D. Kenneling
The CH zone does not permit kenneling. The applicant does not propose kenneling in their
request and Kenneling would not be permitted with approval of this CUP (Exhibit 3).
E. Cremation
The proposed veterinary operation does not include on-site cremation; therefore, Condition
16 specifies that cremation is not allowed (Exhibit 3).
F. Conditional Use Permit Findings
In order to grant approval of a CUP, the deciding body must make the following findings,
which are followed by staff’s analysis.
(1) The proposed uses of the property are essential to the public convenience or welfare.
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SUBJECT: 16150 Los Gatos Boulevard/U-25-007
DATE: November 7, 2025
The proposed use is essential to the public convenience in that it provides veterinary
hospital services to Los Gatos residents and their pets. The project would contribute to
meeting local demand for animal care within the community and would enhance access
to essential pet health services within the Town and beyond.
(2) The proposed uses will not impair the existing uses of the zone.
The proposed veterinary hospital use would not impair existing uses within the zone, as
it represents a commercial service use consistent with the commercial zoning
designation of the property. The surrounding area includes a mix of commercial and
residential uses, and the proposed use is compatible with the existing development
pattern.
(3) The proposed uses would not be detrimental to public health, safety, or general welfare.
The proposed use would not be detrimental to public health, safety, or general welfare.
Conditions of approval related to operating hours; number of doctors; delivery times;
waste disposal; noise and odor control; and property maintenance will ensure that
potential operational impacts are appropriately addressed.
(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.
The proposed use is in harmony with the goals and policies of the General Plan and
consistent with the purposes of the Town Code. The project supports land use,
economic development, and mobility policies by providing a resident-serving
commercial use and professional employment opportunities. Relevant General Plan
policies include, but are not limited to:
Policy LU-9.6: Encourage development that maintains and expands resident-
oriented services and/or creates employment opportunities for local residents
consistent with overall land use policies of the Town.
Policy LU-13.2: Commercial activity along Los Gatos Boulevard shall complement the
whole Town and provide a dependable source of income, employment
opportunities, goods, and services.
Policy LU-13.4: New development along Los Gatos Boulevard shall be designed to
minimize adverse impacts on adjacent residential areas.
Policy MOB-13.1: Require new development to provide an adequate number of
parking spaces and encourage shared parking whenever possible. Parking shall be
adequate to avoid adversely affecting adjacent residential properties.
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SUBJECT: 16150 Los Gatos Boulevard/U-25-007
DATE: November 7, 2025
(5) A hazardous waste facility proposal is subject to the California Health & Safety Code,
Article 8.7, Sections 25199–25199.14 and shall be consistent with the Santa Clara
County Hazardous Waste Management Plan.
The applicant indicated that the proposed veterinary hospital is a hazardous waste
generator. Condition of Approval No. 18 requires that all pharmaceuticals, sharps, and
hazardous materials be stored and disposed of in accordance with applicable county,
state, and federal regulations.
PUBLIC COMMENTS:
The applicant submitted a summary of their neighbor outreach efforts, which are included as
Exhibit 5. Additionally, a project identification sign was installed on site consistent with Town
policy and written notice was sent to property owners and occupants within 300 feet of the
property. No comments were received at the time this report was published.
ENVIRONMENTAL REVIEW:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities. No significant
environmental impact is expected, as the project proposes utilizing an existing structure with
no increase in floor area.
CONCLUSION:
A. Summary
The applicant is requesting approval of a CUP to operate a full-service general practice
veterinary hospital intended to serve the needs of pet-owning residents within the
community and surrounding areas. No new construction or site development is proposed as
part of this request.
If the CUP is approved, the project will be subject to the conditions of approval, including
requiring the applicant to obtain all necessary permits prior to beginning operations.
B. Recommendation
Based on the summary above, staff recommends approval of the CUP application subject to
the recommended conditions of approval included as Exhibit 3. If the Planning Commission
finds merit in the request, it should:
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SUBJECT: 16150 Los Gatos Boulevard/U-25-007
DATE: November 7, 2025
1. Find that the proposed project is categorically exempt, pursuant to Section 15301 of the
California Environmental Quality Act as adopted by the Town (Exhibit 2);
2. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a CUP (Exhibit 2); and
3. Approve CUP application U-25-007 with the recommended conditions of approval
contained in Exhibit 3.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
EXHIBITS:
1. Location map
2. Required findings
3. Recommended Conditions of Approval
4. Letter of Justification
5. Summary of Neighborhood Outreach
6. Development Plans
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)- Updated 08-23-23 to link to "Town Assessor Data" (sm)
EXHIBIT 1Page 17
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PLANNING COMMISSION – November 12, 2025
REQUIRED FINDINGS:
16150 Los Gatos Boulevard
Conditional Use Permit U-25-007
Consider a Request for Approval of a Conditional Use Permit Application for a New
Veterinary Clinic on Property Zoned CH. Located at 16150 Los Gatos Boulevard. APN
523-06-038. Categorically Exempt Pursuant to California Environmental Quality Act
Guidelines Section 15301: Existing Facilities.
Property Owner: Harman Management Corp
Applicant: Wendy Zhang
FINDINGS
Required Finding for CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301:
Existing Facilities. No significant effect on the environment will occur since the
project uses an existing structure with no increase in floor area.
Required Findings for a Conditional Use Permit:
As required by Section 29.20.190 of the Town Code for granting a Conditional
Use Permit:
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
the Town Code 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;
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.
EXHIBIT 2
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PLANNING COMMISSION – November 12, 2025
CONDITIONS OF APPROVAL
16150 Los Gatos Boulevard
Conditional Use Permit U-25-007
Consider a Request for Approval of a Conditional Use Permit Application for a New
Veterinary Clinic on Property Zoned CH. Located at 16150 Los Gatos Boulevard. APN
523-06-038. Categorically Exempt Pursuant to California Environmental Quality Act
Guidelines Section 15301: Existing Facilities.
Property Owner: Harman Management Corp
Applicant: Wendy Zhang
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below. Any minor changes or modifications made to the approved plans
shall be approved by the Director of Community Development. Other changes will be
approved by the hearing body assigned by the Director, depending on the scope of the
change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the application is vested pursuant to Section
29.20.335 of the Town Code.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been
granted is discontinued for a period of one (1) year, the approval lapses.
4. USE: The approved use is a Veterinary hospital. No kenneling is allowed.
5. CONDITIONAL USE PERMIT REVOCATION/AUTHORIZED USES. Any violation of the
conditions imposed by this permit may constitute grounds for revocation of the Conditional
Use Permit in the same manner in which it was approved. The veterinary clinic shall be
limited to examination, treatment, surgery, and ancillary recovery of animals. Overnight
boarding may be permitted only when required for medical purposes.
6. NUMBER OF VETERINARIANS: The maximum number of veterinarians on-site at any one
time shall not exceed two (2).
7. HOURS OF OPERATION: Maximum hours of operation are Monday through Friday, 8:00 a.m.
to 6:00 p.m., and Saturdays and Sundays, 8:00 a.m. to 2:00 p.m. Any changes in operating
hours shall be subject to review and approval by the Community Development Director.
8. NOISE: Animals shall be kept indoors at all times except when escorted to the designated
outdoor relief area. The applicant shall provide soundproofing measures sufficient to
contain animal noise within the building. Noise levels at the property line shall comply with
the Town’s Noise Ordinance.
9. ODOR CONTROL: The applicant shall install and maintain an air filtration and ventilation
system to minimize odors detectable beyond the property line. All animal waste shall be
stored in sealed containers and removed by a licensed waste hauler.
EXHIBIT 3 Page 21
10. SITE AND BUILDING IMPROVEMENTS: Prior to occupancy, the applicant shall submit plans
for soundproofing and odor-control improvements for review and approval by the Building
Official and Director of Community Development.
11. LOADING AND UNLOADING: Shall occur on-site, not along residential frontages.
12. DELIVERIES: Deliveries shall occur from 9:00 a.m. to 4:00 p.m. daily.
13. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business shall only
be emptied between 8:00 a.m. and 6:00 p.m. to limit the noise impacts.
14. ANIMAL SAFETY: All animals shall be secured on a leash or in a carrier when outside the
building. Adequate indoor kennel space shall be provided for temporary holding. All
operations shall comply with state veterinary medical board regulations.
15. DOG RELIEF AREA: The designated dog relief area shall be surfaced with durable, pet-
friendly, easy-to-clean materials and equipped with effective drainage to the sanitary
sewer. The area shall include a hose bib, waste bag dispenser with receptacle, and shall be
disinfected and cleaned regularly with pet-safe products.
16. CREMATION: No on-site cremation is allowed.
17. EXTERIOR LIGHTING: Exterior lighting shall be shielded and directed downward to prevent
glare or light spillover onto adjacent residential properties.
18. HAZARDOUS MATERIALS: All pharmaceuticals, sharps, and hazardous materials shall be
stored and disposed of in accordance with applicable county, state, and federal regulations.
19. PATROLING: The tenant shall provide a regular staff rotation to patrol the parking lot and
immediately adjacent residential properties to pick up animal waste and address any other
cleanliness issues that occur as the veterinary hospital patrons bring their animals to the
site.
20. SIGN PERMIT: A Sign Permit from the Community Development Department shall be
obtained prior to any changes to existing signs or installation of new signs.
21. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the
Community Development Department shall be obtained prior to commencement of use.
22. BUSINESS LICENSE: A Business License from the Finance Department shall be obtained prior
to the commencement of any new or change of use.
23. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall
be removed within 30 days of approval of the Conditional Use Permit application.
24. COMPLIANCE WITH LOCAL, STATE, and FEDERAL LAWS. The subject use shall be conducted
in full compliance with all local, state, and federal laws.
25. CONFORMANCE WITH CODE: No part of this approval shall be construed to permit a
violation of any part of the Code of the Town of Los Gatos.
26. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement (“the Project”) from the Town shall
defend (with counsel approved by Town), indemnify, and hold harmless the Town, its
agents, officers, and employees from and against any claim, action, or proceeding (including
without limitation any appeal or petition for review thereof) against the Town or its agents,
officers, or employees related to an approval of the Project, including without limitation any
related application, permit, certification, condition, environmental determination, other
approval, compliance or failure to comply with applicable laws and regulations, and/or
processing methods (“Challenge”). Town may (but is not obligated to) defend such
Page 22
Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost
and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by
Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand
any Costs incurred by the Town. No modification of the Project, any application, permit
certification, condition, environmental determination, other approval, change in applicable
laws and regulations, or change in such Challenge as Town, in its sole discretion, determines
appropriate, all the applicant’s sole cost and expense. No modification of the Project, any
application, permit certification, condition, environmental determination, other approval,
change in applicable laws and regulations, or change in processing methods shall alter the
applicant’s indemnity obligation.
Building Division
27. COMPREHENSIVE REVIEW: A comprehensive plan review has not been completed for this
CUP modification under consideration by the reviewing body, and compliance with
applicable codes has not been verified.
28. PERMITS: No work requiring Building Permits can commence without the issuance of any
required Building Permits. Building Permit plan review, including review by the Santa Clara
County Fire Department and the Parks and Public Works Department, will be part of any
required Building Permit application process. No change in the character of occupancy or
change to a different group of occupancies as described by the Building Code shall be made
without first obtaining a Certificate of Occupancy from the Chief Building Official.
29. ACCESSIBILITY: In addition to all new work complying with the Code for accessibility, when
existing buildings are altered or remodeled, they must be made accessible to persons with
physical disabilities in accordance with the CBC Section 11B-202, “Existing buildings and
facilities”.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
30. GENERAL: The adjacent public right-of-way shall be kept clear of all job-related mud, silt,
concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not
be washed into storm drainage facilities. The storing of goods and materials on the
sidewalk and/or the street will not be allowed unless an encroachment permit is issued by
the Engineering Division of the Parks and Public Works Department. The Owner and/or
Applicant's representative in charge shall be at the job site during all working hours. Failure
to maintain the public right-of-way according to this condition may result in the issuance of
correction notices, citations, or stop work orders and the Town performing the required
maintenance at the Owner, Applicant and/or Developer's expense.
Page 23
31. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer.
32. CONSTRUCTION HOURS: All construction activities, including the delivery of construction
materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m.
to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, holidays excluded. The Town
may authorize, on a case-by-case basis, alternate construction hours. The Owner and/or
Applicant shall provide written notice twenty-four (24) hours in advance of modified
construction hours. Approval of this request is at discretion of the Town.
33. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00
a.m. to 4:00 p.m. Saturdays, construction, alteration or repair activities shall be allowed. No
individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at
twenty-five (25) feet from the source. If the device is located within a structure on the
property, the measurement shall be made at distances as close to twenty-five (25) feet
from the device as possible. The noise level at any point outside of the property plane shall
not exceed eighty-five (85) dBA.
34. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
35. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
N:\DEV\CONDITIONS\2025\Los Gatos Blvd, 16150 - CUP - DRAFT.docx
Page 24
Vasona Animal Hospital
16150 Los Gatos Blvd.
Los Gatos, CA
June 26, 2025
Letter of Justification
Vasona Animal Hospital
16150 Los Gatos Blvd, Los Gatos, CA
Project Overview
Vasona Animal Hospital proposes to operate a new, full service general practice
veterinary hospital to serve the needs of the pet-owning residents of the community and
beyond. Our mission is to deliver the finest in veterinary medical care along with a stellar
customer and pet experience. Our vision is to build a practice that becomes an integral part of
the community.
Location and Tenant Improvement
To do so, Vasona Animal Hospital proposes to occupy a 2,315 square foot ground-floor
free-standing retail space located at 16150 Los Gatos Blvd. This will be a tenant improvement
project focused on interior renovations that comply with local guidelines.
The design will incorporate high-end, elegant, contemporary finishes while
complementing the existing structure and be consistent with the best current practices in
veterinary architecture. The space will consist of: consultation rooms, a surgical suite, an
imaging suite, a laboratory area, a large treatment area, a doctor’s office, a staff break area, a
pet pharmacy, and a reception/retail/waiting area.
Services
Vasona Animal Hospital will offer a full array of services for small animals (i.e. cats, dogs,
birds, reptiles, and small mammals) common at general veterinary practices. This will include
wellness care (i.e. examinations, diagnostic services, vaccinations), chronic disease
management, minor urgent care, routine surgeries, and dentistry. As common at general
veterinary practices, the hospital will offer a retail component related to the treatment of small
animals, such as therapeutic shampoos, therapeutic diets, and nutritional supplements.
The projected initial daily caseload would include 20 -30 outpatient appointments
during normal operating business hours, with an additional 3-5 patients per day admitted to the
clinic during normal operating hours for various procedures. Occasional additional clients would
be expected throughout the day for counter sales (i.e. prescription refills, lab sample drop-offs).
Caseload would be expected to grow with the growth of the business.
EXHIBIT 4Page 25
Operating Hours
Initially, the business will operate Monday – Friday 8am to 6pm. However, as demand in
the community builds, operating hours could expand into the weekends.
Clients upon arrival will have access to any pet refuse cleaning materials needed (free
bags, wipes, etc) should their pet require it, and sealed trash containers with routine pickup will
be available for disposal. Pets will not be housed nor kenneled outdoors. Thus, odor and noise
produced from business operations are expected to be minimal to none.
Daily Staffing
The hospital will support local, salaried and hourly jobs. The hospital projects to hire an
initial staff of 15 employees including the veterinarians, with growth of the team projected as
the business becomes established and demand grows. The total number of employees
expected to work at the premises on any given day and time is expected to be approximately 8
or less with at least one veterinarian on staff all days.
Noise and Waste
There will be no daytime retail boarding. In addition, sick animals will be hospitalized to
receive medical attention on a short-term basis. Based on the designs of this pet hospital, and
patients will be housed within the facility. This detailed design strategy includes additional
sound-control measures as relevant around the treatment and holding areas. Overall, we
expect to produce no noise that may affect any of the adjacent businesses or residences.
Animal Waste/elimination Animal waste will be controlled inside the facility. Generally,
it will be bagged and disposed of in the trash. Medical waste will be picked up and disposed of
by a professional company. All such deliveries and drop-offs will enter via the rear
loading/service drive of the building.
Public Health
The owner is confident this pet hospital will not cause any public health hazard
whatsoever. Safety and cleanliness protocols are a matter of fact; a licensed veterinarian is
trained in public health and part of the veterinary oath is protection of animal health & welfare
and promotion of public health. By promoting animal health, the hospital is helping the medical
and psychological welfare of animals and their owners.
Traffic
Initially, the pet hospital will operate with one doctor which will allow up to 20 cases per
day. At capacity there will be a maximum of 2 doctors which would allow up to 40 cases per
day. These will be split between the morning and afternoon sessions. The pet hospital will
allow for drop offs at 8am and pick up in the late afternoon/early evening, allowing customers
to come before and/or after work. There is no overnight treatment or boarding; therefore, the
pet traffic will be conducted exclusively during business hours. The maximum number of pets
at any one time will range between 5-10, depending on the number of doctors.
Page 26
The amount of traffic generated by the customers and their pets will be less than most
of the retail tenants and adjacent restaurants in the shopping center.
Parking
The operations of the pet hospital will require 12 non-dedicated parking spaces for the
maximum number of two DVMs in the same shift. The property has provided a total of 15
parking spaces. These spaces will suffice for the staff and customers dropping off and picking
up their pets. As this is a free-standing building with its own parking lot, we do not anticipate
our use to impact any neighbors.
Summary
This use under the current business model would be beneficial to the health, safety,
peace, morale, comfort, and general welfare of the city. Adequate on-site parking is already
provided and available for the existing and proposed new use. The proposed pet hospital use
will not create an increased traffic flow to the site. Since the pet hospital will only operate
during the day with no boarding or other overnight services, the use will not create a nuisance
for the neighboring commercial and residential properties. The approval of the CUP would be
consistent with the purpose and intent of the zoning as the proposed project is a well-planned
out professional facility use providing a valuable community service.
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admin@vasonaanimalhospital.com | 16150 Los Gatos Blvd, Los Gatos, CA 95032
Dear Neighbor,
We are excited to share some news about a new addition coming soon to our
community — Vasona Animal Hospital, a full-service veterinary practice that will
provide compassionate, high-quality care for pets right here in Los Gatos located at
16150 Los Gatos Blvd, Los Gatos, CA 95032.
Our mission is simple: to deliver excellent veterinary medicine while also becoming a
trusted and valued part of the neighborhood. The hospital will provide a full range of
services including wellness exams, vaccinations, diagnostic care, dentistry, surgery,
and chronic disease management for cats, dogs, birds, reptiles, and small mammals.
We believe that by supporting the health and well-being of pets, we also support the
health, happiness, and peace of mind of their families.
We have placed special attention on the design of the hospital to ensure it blends well
with the community. The facility will feature a modern, welcoming interior while keeping
any treatment and animal-care areas away from neighboring residences. Noise and
odor have been carefully addressed: animals will be housed only indoors, no outdoor
kenneling will take place, and additional sound-control measures have been
incorporated into the design. Waste will be securely contained and removed by licensed
providers.
The hospital will operate during normal daytime business hours, with no overnight
boarding or treatment, which helps minimize traffic and ensures that the neighborhood
remains quiet and peaceful in the evenings. We expect fewer daily visitors than many of
the nearby retail and restaurant businesses, with plenty of on-site parking to prevent
any impact on neighbors.
Beyond serving pets and their families, we see Vasona Animal Hospital as
a community asset — providing local jobs, enhancing the neighborhood’s vitality, and
offering a trusted resource for animal care.
We truly value being good neighbors, and we’d love to hear from you. If you have any
questions, comments, or concerns, please don’t hesitate to reach out to us by email
at admin@vasonaanimalhospital.com.
Thank you for welcoming us into the community. We look forward to meeting you — and
your pets — soon!
Vasona Animal Hospital
EXHIBIT 5Page 29
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Date Description
Project Name
Dr. Partner
Description
Scale
A0
Dr. Parand
LOS GATOS STARTUP
16150 Los Gatos Blvd
Los Gatos, CA
95032
CURO Pet Care
LOS GATOS STARTUP
CURO Pet Care
Vicinity Map
SITE
Sheet Index
A0 -Cover Sheet
A1 -Site Plan
A2 -Floor Plan
A3 -Photographs
EXHIBIT 6
Page 31
LOS GATOS BLVDMAGNESON LOOP
6
9
PROPERTY LINES
(APN: 523-06-038)
PROPOSED
ANIMAL HOSPITAL
GFA: ±2,315 SF
PROPERTY LINES
(APN: 523-06-038)
PARKING CALCULATIONS
REQUIRED PARKING: 6 SPACES PER DOCTOR OR 1/250 SF, WHICHEVER IS GREATER
MAXIMUM 2 DOCTORS ON A SHIFT -> 6 x 2 = 12 PARKING SPACES
2,315 SF / 250 = 10 PARKING SPACES
12 SPACES REQUIRED -> 15 SPACES PROVIDED (EXISTING)
15 PARKING SPACES -> 1 ADA PARKING SPACE REQUIRED (2 EXISTING ADA PARKING SPACES)
ZONING: R-1
LAND USE: LOW DENSITY RESIDENTIAL
ZONING: R-1
LAND USE: LOW DENSITY RESIDENTIAL
ZONING: CH
LAND USE: LOW DENSITY RESIDENTIAL
ZONING: C-1
LAND USE: MIXED USE COMMERCIAL
ZONING: CH
LAND USE: MIXED USE COMMERCIAL
ZONING: CH
LAND USE: MIXED
USE COMMERCIAL
EXISTING
FENCE
EXISTING
FENCE
DOG
RELIEF
AREA
ALLEY
EXISTING
FENCE
EXISTING
FENCE
EXISTING
MONUMENT
SIGN
EXISTING BUILDING INFORMATION
SPRINKLERED: NO
FIRE ALARM: NO
EXISTING SQ FT: 2315
PROPOSED SQ FT: 2315
Date Description
Project Name
Dr. Partner
Description
Scale
1" = 10'-0"
A1
SITE PLAN
Dr. Parand
LOS GATOS STARTUP
16150 Los Gatos Blvd
Los Gatos, CA
95032
CURO Pet Care
1" = 10'-0"1 Site Plan
1 Date 1 Revision 1
Page 32
EXAM 1
EXAM 2 EXAM 3
AREA OF (E)
ELECTRICAL PANELSSURGERYX-RAY
DVM
CHANGE SWING AND
MOVE OVER 3" FOR
CLEARANCE
36" W 36" W 48" W
BREAK ROOM
LAB/PHARMACY
DOG WARD WET
WD
PACK/PREP
TREATMENT DOG WARD
48" W 36" W
24" W 24" W 36" W
TREATMENT
LOBBYSTORAGE
BENCH BENCH
24" W24" W
RESTROOM
COUNTER
REF COUNTERCOUNTER
CAGE UNDER COUNTER2 LEVEL CAGESREF SINK LAB
TOWER
GURNEY
DRY
COUNTER
SCALEBENCHEXAM 4
BENCH
CSR, PM
BENCH
SINK
SINK
EXOTICS
Date Description
Project Name
Dr. Partner
Description
Scale
1/4" = 1'-0"
A2
FIRST FLOOR PLAN
-
LOS GATOS STARTUP
16150 Los Gatos Blvd
Los Gatos, CA
95032
CURO Pet Care
1/4" = 1'-0"1 Level 1
Page 33
Date Description
Project Name
Dr. Partner
Description
Scale
NOT TO SCALE
A3
Photographs
Dr. Parand
LOS GATOS STARTUP
16150 Los Gatos Blvd
Los Gatos, CA
95032
CURO Pet Care
SITE ENTRANCE & BUILDING FRONT NORTHERN CORNER VIEW FROM LOS GATOS BLVD
SIDE VIEW FROM LOS GATOS BLVD
SITE VIEW FROM LOS GATOS BLVD SHOWING SOUTHERN ADJACENCY
BACK VIEW FROM THE ALLEY
SOUTHERN CORNER VIEW OF ADJACENT PARCEL FROM LOS GATOS BLVD
Page 34
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Community Development Director and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/12/2025
ITEM NO: 3
DATE: November 7, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Discuss the Town’s Regulations Applicable to Below Grade Square Footage.
BACKGROUND:
The Chair requested that an item be added to a Planning Commission agenda for a discussion of
Town regulations applicable to below grade square footage. A brief discussion of the history of
the Town’s current regulations and the approach of other jurisdictions follows.
On October 21, 2002, the Town Council adopted Resolution 2002-167 (Cellar Policy), which
included policies applicable to attics and cellars (Exhibit 1). The intent of the policy was to
reduce bulk and mass by exempting below grade areas from the calculation of floor area in-lieu
of second story massing. The policy included a distinction between basements and cellars,
based on the height of any portion of the enclosed area that extends above grade. Basements
were enclosed areas that extend more than four feet above grade and were counted as floor
area. Cellars were enclosed areas that extend four or fewer feet above grade and were exempt
from floor area.
On November 7, 2017, the Town Council adopted Ordinance 2264, rescinding the Cellar Policy
and incorporating the regulations from the policy into Section 29.40.072 of the Town Code
(Exhibit 2). The Ordinance replaced the terms basement and cellar with above grade and below
grade square footage, respectively. Below grade square footage (formerly cellar) remained
exempt from the Town’s floor area ratio standards, while above grade square footage (formerly
basements) is countable toward FAR. Section 29.40.072 is included below:
Page 35
PAGE 2 OF 3
SUBJECT: Discussion of regulations applicable to below grade square footage
DATE: November 7, 2025
Sec. 29.40.072. - Below grade square footage in residential zones.
(a) The use of below grade square footage is allowed in residential zones as a means to
provide "hidden" square footage in lieu of visible mass. Below grade square footage
shall not be counted as floor area when meeting the following criteria:
(1) Below grade square footage shall not extend beyond the enclosed building footprint
of the main building (including attached garage) or detached accessory structures.
(2) Below grade square footage is limited to one (1) location on a property, additional
below grade areas shall be included in the floor area calculation.
(3) Light and exit wells may encroach into front and side yard setbacks for the purpose
of providing the minimum criteria for natural light and ventilation as required to
comply with the uniform building code. A minimum three-foot wide pedestrian
access shall be provided around the light well(s).
(4) Light wells and exit wells may extend beyond the building footprint.
(5) Planning Commission may allow an exception to the criteria listed above based on
extenuating or exceptional circumstances applicable to the property including, but
not limited to size, shape, topography, location, or surroundings. The Commission
shall make findings to support a decision.
In preparation for the Planning Commission’s discussion, staff conducted initial research into
the basement regulations in the following neighboring jurisdictions and found that all exempt
below grade square footage from floor area standards with a variety of exceptions and
calculation methods:
Atherton
Campbell
Cupertino
Los Altos
Los Altos Hills
Milpitas
Monte Sereno
Morgan Hill
Palo Alto
Santa Clara
Saratoga
Sunnyvale
Woodside
Staff looks forward to the Commission’s discussion on this topic. Additionally, staff will be
prepared to discuss potential next steps based on the Commission’s direction.
PUBLIC COMMENTS:
Staff conducted outreach through the following media and social media resources, for the
notice of the public hearing:
The Town’s website home page, What’s New;
The Town’s Facebook page;
Page 36
PAGE 3 OF 3
SUBJECT: Discussion of regulations applicable to below grade square footage
DATE: November 7, 2025
The Town’s Twitter account;
The Town’s Instagram account; and
The Town’s NextDoor page.
Additionally, staff contacted a group of local architects and designers to make them aware of
the Commission’s discussion. No comments were received at the time this report was
published.
ENVIRONMENTAL REVIEW:
The discussion of the regulations applicable to below grade square footage is not considered a
project under the adopted Guidelines for the Implementation of the California Environmental
Quality Act.
EXHIBITS:
1. Resolution 2002-167-Adopting Cellar and Attic Policies
2. Ordinance 2264 - Amending Chapter 29 (Zoning Regulations) Regarding Cellars
Page 37
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RESOLUTION 2002-167
RESOLUTION OF THE TOWN COUNCLL
OF THE'TOWN OF LOS GATOS
ADOPTING CELLAR AND ATTIC POLICIES
WHEREAS, the Town of Los Gatos does not currently have any written codes or policies
regulating cellars and attics, and.
WHEREAS, the General Plan encourages use of basements and cellars to provide hidden
square footage in-lieu of above .ground visible mass (Policy L.P.2.1); and
WHEREAS, adoption of such policies will help provide clear direction to developers and
homeowners processing development applications (General Plan Implementing StrategyL.I.7.4); and
WHEREAS, adoption of such policies will help reduce the bulk and mass and scale of new
and remodeled homes; and
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the Cellar and Attic Policies attached hereto as Exhibits A and B.
PASSED AND .ADOPTED at a regular meeting of the Town Council held on the 21st day
of October 2002, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO F THE TO OF LOS GATOS
LOS CIATOS, CALIF P.NIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT 1
Page 39
TOWN COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Attics Enabling Action:
2002-167
Page 1 of 1
Approved: Effective
Date: October 21, 2002
Randy At ay, Mayor
PURPOSE:
The following policy shall be used when reviewing development plans that include attic space. The
intent of this policy is to reduce the visible bulk and mass of structures.
DEFINITION:
An attic is anon-habitable space (that may or may not be used for storage) with a maximum height
of seven feet six inches as measured from the upper surface of the attic floor to the underside of the
roof above. For the purposes of this definition, attic spaces are considered to have floor surfaces.
POLICY:
Attics that meet the above definition shall not be counted as floor space for purposes of determining
compliance with Floor Area Ratio (FAR) limitations.
Note: Once an attic space exceeds seven feet six inches in height, .all areas down tofivefeet will be
counted toward thefloor area ratio (FAR).
C;\DOCUments and Settings\MRasmuss\LoculSettings\Temp\Attic-policy:wpd Revised March
2i, 2002
i
Page 40
1...;
TOWN COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Cellars
Page it of 2
Enabling Action:
2002- 167
Approved: ~~~-~`~ Effective
Date: October 21, 2002
Randy Attaway, Mayor
PURPOSE:
General Plan policy L.P.2.3 states: "Encourage basements and cellars to provide "hidden" square
footage in-lieu of visible mass."
The following policy shall be used by staff when reviewing plans that include a cellar.
DEFINITION:
A cellar is an enclosed area that .does not extend more than three feet above the existing or finished
grade in any location. Cellars, as defined here, shall not be included in the FAR. That area of a
cellar where the building height exceeds four feet above existing or finished grade shall not be
included in this definition and shall be included in the floor area calculation. For purposes of this
policy, whichever .grade (existing or proposed) results in the lowest building profile of a building
shall be used.
POLICY:
In reviewing plans for cellars staff shall consider the following:.
A cellar shall not extend more than four feet above the adjacent finished grade at any point
around the perimeter of the foundation. Below grade floor area must meet the above
definition of cellar to be excluded from the floor area calculations for the structure.
If any portion of a cellar extends more than four feet above grade, that area shall be included
in the floor area calculation.
C:\Docamentsand Settings\MRnsmuss\LOCnI Seaings\Temp\Cellar-policy.wpd
Revised September20, 2002
r""„R"
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Page 41
r
Light and exit wells may encroach into front and side yard setbacks provided that a minimum
three-foot wide pedestrian access is provided around the light well(s). Light wells and
exiting shall be the minimum required to comply with the Uniform Buildind Code criteria
for natural light and ventilation.
Below grade patios may extend out from a cellar into the required rear yard provided that a
minimum 10 foot setback is retained from the rear property line.
Cellars and basements (except light and exit wells) shall not extend beyond the building
footprint,.
The Planning Commission may allow an exception to this policy based on extenuating or
exceptional .circumstances applicable to the property including size, shape, topography,
location or surroundings. The Commission shall make findings to support such a decision.
C;\Documentsand Settings\MRasmuss\LocalSettings\Temp\Cellar-policy.wpd
C;\Documents antl Settings\MRasmuss\LocalSettings\Temp\Cellar-policy.'\Vp8
Revised September20, 2002
Page 42
ORDINANCE 2264
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING CELLARS
WHEREAS, the Town Council wishes to simplify and provide clarity with regard to below
grade square footage; and
WHEREAS, the proposed code amendments are consistent with the General Plan and its
Elements.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29 is hereby amended to read as follows:
CURRENT DEFINITIONS:
Sec. 29.10.020 - Definitions.
AMENDED DEFINITIONS:
Sec. 29.10.020 - Definitions.
FloorAreo, gross means the entire enclosed area of all floors that are more than four feet above
the proposed grade at ,^•• i3eiRt ^^ the G^", -S measured from
1 of
Ordinance 2264 November 7. 2017
EXHIBIT 2
Page 43
the outer face of exterior walls or in the case of party walls from the centerline. Gross floor area
also includes any part of exterior balconies or walkways above the ground floor required for
ingress and egress. Ornamental balconies and outside unroofed corridors not required for ingress
or egress are excluded. The area of elevator shafts and stairwells is also included except on the
ground floor.
PROPOSED SECTION:
Sec. 29.40.072 — Below grade square footage in residential zones
a) The use of below grade square footage is allowed in residential zones as a means to
provide "hidden" square footage in lieu of visible mass. Below grade square footage shall
not be counted as floor area when meeting the following criteria:
1. Below grade square footage shall not extend beyond the enclosed building
footprint of the main building (including attached garage) or detached accessory
structures.
2. Below grade square footage is limited to one location on a property, additional
below grade areas shall be included in the floor area calculation.
3. Light and exit wells may encroach into front and side yard setbacks for the purpose
of providing the minimum criteria for natural light and ventilation as required to
comply with the uniform building code. A minimum three -foot wide pedestrian
access shall be provided around the light well(s).
4. Light wells and exit wells may extend beyond the building footprint.
5. Planning Commission may allow an exception to the criteria listed above based on
extenuating or exceptional circumstances applicable to the property including but
not limited to size, shape, topography, location, or surroundings. The Commission
shall make findings to support a decision.
AMENDED SECTIONS:
Sec. 29.40.650 — Height.
The maximum height of any principal building in a R -M or multiple - family residential zone is thirty
30) feet, except when the building has ce41aF below grade parking the maximum is thirty -five (35)
feet. The height shall be measured as provided in section 29.40.045 and is subject to the exception
listed in section 29.10.090.
2of4
Ordinance 2264 November 7, 2017
Page 44
Sec. 29.20.485(3)(c) - Administrative procedure for minor historic projects
Additions to the first floor of a residence (excluding additions not visible from the street that do
not exceed fifteen (15) percent of the existing floor area of the house (excluding GellaFs below
grade square footage) or four hundred (400) square feet of gross floor area, whichever is less).
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. This ordinance is not subject to review under CEQA pursuant to sections and
15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed
amendment to the Town Code would have significant impact on the environment.
SECTION III
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos
Town Code shall remain unchanged and shall be in full force and effect.
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Ordinance 2264
November 7, 2017
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SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 17`h day of October, 2017and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on the 7`h
day of November, 2017 and becomes effective 30 days after it is adopted.
In Lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and fifteen
15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
U "CL
MAYOR OF THE TOWN Og LOS GATOS
LOS GATOS, CALIFORNIA
7DATE:
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: Q
Ordinance 2264
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November 7, 2017
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