2012-009 - Policy interpretation of State Density Bonus Law and Town's Density Bonus GP on Residential ProjectsRESOLUTION 2012 -009
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AFFIRMING THE TOWN COUNCIL'S POLICY INTERPRETATION NOT TO APPLY
THE TOWN'S DENSITY BONUS GENERAL PLAN POLICY WHEN AN APPLICANT
REQUESTS THE STATE DENSITY BONUS PROGRAM FOR A RESIDENTIAL
DEVELOPMENT PROJECT
WHEREAS, the Town of Los Gatos has a General Plan Housing Element Policy, Action
HOU -1.3, that provides a density bonus for qualified projects that in many cases exceeds the
densities provided in the State Density Bonus Law; and
WHEREAS, the Town has consistently applied the General Plan Density Bonus Policy
to eligible project, resulting in up to a 100 percent density bonus for qualifying residential units;
and
WHEREAS, the Town of Los Gatos has not adopted the State Density Bonus Law, but
complies with the intent of the law by providing density bonuses and concessions for qualified
affordable housing projects; and
WHEREAS, the Town of Los Gatos is committed to meeting the affordable and special
populations housing needs through the implementation of the Town's Density Bonus General
Plan Policy or the State Density Bonus Law while not impacting existing areas with density
ranges that far exceed the carry capacity of the neighborhood; and
WHEREAS, the Town of Los intends to adopt an ordinance implementing the
requirements of the State Density Bonus Law; and
WHEREAS, the Town of Los Gatos Town Council finds that until the Town enacts new
legislation implementing the State Density Bonus Law, it will continue to provide density
bonuses through either the application of the Town's General Plan Density Bonus Policy or
through the request for use of the State Density Bonus Law, but not both programs on the same
development project.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los
Gatos does hereby determine that applicants may seek a density bonus for eligible projects
through either the State Density Bonus Law or through application of the Town's General Plan
Density Bonus Policy, but cannot be granted density increases through both the State Law and
the Town's General Plan Density Bonus Policy.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 5 th day of March, 2012, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice
NAYS:
ABSENT:
ABSTAIN:
SIGNED: /1
MA OR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
I J
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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