Ord 2224 - Amending Chapter 29 be adding Division 5 to Article VIII entitled "Affordable Housing Overlay ZoneORDINANCE 2224
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 OF THE TOWN CODE BY ADDING DIVISION 5 TO
ARTICLE VIII OF THE LOS GATOS TOWN CODE ENTITLED "AFFORDABLE
HOUSING OVERLAY ZONE" AND DESIGNATING FIVE SITES TO WHICH THE
AFFORDABLE HOUSING OVERLAY SHALL BE APPLIED AND ADOPTING
IMPLEMENTING REGULATIONS
A -12 -003
WHEREAS, the State of California requires each city and county to update their housing
elements on a regular cycle and plan for meeting their fair share of the regional housing needs
for the state;
WHEREAS, the Town's oversight committee, the General Plan Committee, developed
the Housing Element over a two year period from 2009 to 2010;
WHEREAS, the Town Council of the Town of Los Gatos adopted the 2007 - 2014
Housing Element by Resolution 2012 -008;
WHEREAS, the State Department of Housing and Community Development has
certified the Town of Los Gatos 2007 — 14 Housing Element as meeting state housing law;
WHEREAS, the Housing Element Action Item HOU -2.1 calls for the establishment of
an Affordable Housing Overlay Zone (AHOZ) as the principal means for meeting the Town's
regional share of housing needs allocation (RHNA) for persons and families of low and moderate
income;
WHEREAS, five key properties were identified for the AHOZ designation. The five
sites are contained in the Town's Housing Element Technical Appendix Table 6 -1, Chapter 6 and
are adopted by separated ordinances;
WHEREAS, the AHOZ encourages the development of affordable housing through
development standard adjustments, fee deferrals or waivers, concessions, appropriate densities,
and priority permit processing;
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WHEREAS, in order to be eligible for the benefits of the AHOZ, the application must
meet the intent of the AHOZ and the affordability ratios contained in this ordinance;
WHEREAS, for each of the five properties where the AHOZ will be applied, the
property owner may develop consistent with the AHOZ standards and regulations contained in
this ordinance or in the manner provided by the underlying zoning of each site, but not both;
WHEREAS, the Town's General Plan Committee considered the AHOZ goal,
development standards, and concessions during 11 publically noticed meetings that occurred
between November 2011 and August 2012 and ultimately recommended approval to the
Planning Commission and Town Council; and
WHEREAS, on January 22, 2013, the Town Council directed the General Plan
Committee to re- consider the original list of 41 AHOZ sites for AHOZ designation; and
WHEREAS, the General Plan Committee held seven additional publicly noticed
meetings from February 27, 2013 to September 25, 2013, to review and select new AHOZ sites,
revised Design Guidelines and associated development criteria; and
WHEREAS, the General Plan Committee received extensive public testimony from
Town residents, property owners, and the general public regarding the potential AHOZ sites and
appropriate development criteria; and
WHEREAS, the proposed ordinance reflects the recommendations of the General Plan
Committee to the Planning Commission and Town Council; and
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SECTION I
Chapter 29, Article VIII, Division 5, entitled "Affordable Housing Overlay Zone" is
hereby added to the Los Gatos Town Code, and shall read as follows:
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CHAPTER 29
ARTICLE 8. In General
Division 5. Affordable Housing Overlay Zone
29.80.505 Intent.
The Affordable Housing Overlay Zone (AHOZ) Ordinance in this chapter
is intended to increase the supply and the mix of housing types, tenure and
affordability with the Town of Los Gatos. Through appropriate densities,
concessions and fee deferrals or waivers, the Affordable Housing Overlay
Zone encourages the development of housing affordable to all income
levels on five properties within the Town that are deemed to be most
appropriate for such uses. The Housing Element lists the five properties
within the Town of Los Gatos as key housing opportunities sites for mixed
income affordable housing projects. The designation of these sites will
assist the Town in meeting its fair share of the regions housing needs
required by the State.
29.80.510. AHOZ and Underlying Zoning:
A property that has the AHOZ designation may be developed either in the
manner provided in this ordinance or the manner provided in the
underlying zone, but not both; use of the overlay zone and the underlying
zone are mutually exclusive alternatives. Once the land has developed in
the manner provided in the underlying zoning, the property owner shall
relinquish the right to redevelop the land using the AHOZ overlay.
29.80.515. Applicability of Regulations.
(a) This ordinance applies to the five properties listed on Table 6 -1 of
Chapter 6 (Housing Site Inventory) of the 2007 -14 Housing
Element Technical Appendix and as identified below:
Affordable Housing Overlay Zone (AHOZ) Properties
(1) Southbay Development, Knowles Drive east Of Winchester
Boulevard, APN 424 -32 -077
(2) Los Gatos Lodge, 50 Los Gatos Saratoga Road, APN 529 -24 -032
(3) Los Gatos Lodge, 50 Los Gatos Saratoga Road, APN 529 -24 -001
(4) Higgins Business Park, 400 Blossom Hill Road, APN 529 -16 -071
(5) Los Gatos Oaks Apts., 517 Blossom Hill Road, APN 529 -16 -042
(b) The provisions of this ordinance shall not apply if an applicant
requests a state - mandated density bonus, the Town's Density
Bonus Program contained in Section 29.10.405, or General Plan
Density Bonus Policy (HOU -1.3). If the applicant submits a
development project application utilizing one of these density
bonus programs, the base density on which the bonus is calculated
shall be the density of the existing zoning of the property.
29.80.520. Qualification. In order to qualify for the benefits of this overlay zone, residential
development projects shall comply with all of the following:
(a) Include the following minimum percentage of total units in the
development with rents or sales prices that are restricted to the area
median income household affordability levels noted below. The income
limits shall be established based on the current year Area Median Income
for Santa Clara County as set by the appropriate State or Federal
government housing agencies.
Required Unit Affordability Levels
Site
Very
Low
Moderate
Above
Low and
Moderate
Below
Southbay Development
35%
20%
25%
20%
(APN 424 -32 -077)
Los Gatos Lodge
35%
20%
25%
20%
(APN 529 -24 -032)
Los Gatos Lodge
35%
20%
25%
20%
(APN 529 -24 -001)
Higgins Business Park
35%
15%
30%
20%
(APN 529 -16 -071)
Los Gatos Oaks Apt.
25%
25%
30%
20%
(APN 529 -16 -042)
(b) Based on a recommendation by the Planning Commission after its review
of a project, the Town Council may approve a modification to the
affordability ratios in subsection (a) if the applicant can demonstrate with
actual project specific pro forma, financial and local market data, that a
specific ratio is not financially feasible. The Town Council may only
approve a modification to a ratio if the overall Regional Housing Needs
Allocation (RHNA) unit production for an individual income category
(e.g. very low, low and moderate income) has been achieved by the Town
during the applicable Housing Element period.
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(c) Ensure that affordable units are deed - restricted for a period of not less than
fifty -five years, or for the longest feasible time. An Affordable Housing
Agreement shall be executed prior to recording any final map for the
underlying property or prior to the issuance of any building permit for the
housing development, whichever comes first, unless the Community
Development Director approves an alternative phasing plan, at which time
the Affordable Housing Agreement shall be executed no later than the
issuance of the certificate for the fifty -first percent of the market rate unit.
The Affordable Housing Agreement shall be binding on all future owners
and successors of interests of the housing development.
29.10.525. Permitted Uses in the AHOZ
(a)
Multifamily dwellings;
(b)
Two - family dwellings;
(c)
Single - family dwellings;
29.80.530. Conditional Uses Permitted. No Conditional Use Permit shall be required for a
housing development that meets the intent and regulations contained in this
ordinance.
29.80.535. Application. Residential developments using the AHOZ standards shall be
required to submit applications for Architecture and Site review. The application
shall be subject to review by the Planning Commission with a recommendation to
Town Council and the review by Town Council shall be final.
29.80.540. Affordable Housing Overlay Zones General Development Standards.
Proposed development within the affordable housing overlay zones shall be
designed and constructed in conformity with the development standards in Table
IA (Overlay Zones Development Standards) and Table 1B (Overlay Zones
Development Setbacks).
Table 1A (Overlay Zones Development Standards)
Site
Maximum
Maximum
Density
Parking Ratio
Lot
Height Limit
Units
Coverage
(ft),
Per Acre
Soutbbay
40%
30 feet w/
20
0 -1 bedroom: 1 space
Development
separate
2 -3 bedrooms: 2 spaces
(APN 424 -32 -077)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Los Gatos
40%
30 feet w/
20
0 -1 bedroom: 1 space
Lodge
separate
2 -3 bedrooms: 2 spaces
(APN 529 -24 -032)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Los Gatos
40%
30 feet w/
20
0 -1 bedroom: 1 space
Lodge
separate
2 -3 bedrooms: 2 spaces
(APN 529 -24 -001)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Higgins
40%
30 feet w/
20
0 -1 bedroom: 1 space
Business Park
separate
2 -3 bedrooms: 2 spaces
(APN 529 -16 -071)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Los Gatos
40%
30 feet w/
20
0 -1 bedroom: I space
Oaks Apt.
separate
2 -3 bedrooms: 2 spaces
(APN 529 -16 -042)
garage;
4+ bedrooms: 2.5 spaces
35 feet w/
integrated
garage
Building height is increased to 35 feet for residential products that integrate the garage on the first floor,
underground or is constructed on a parking podium. Additional height increase may be granted through the
Architecture and Site Review Process.
Tandem parking is permitted.
Table 1 B (Overlay Zones Development Setbacks)
Site
Required Setbacks
Southbay
25 ft. from Knowles Avenue property line;
Development
40 ft. from Los Gatos Creek property line;
(APN 424 -32 -077)
25 ft. from Southwest Property Line;
West and internal setbacks to be determined by Architecture and
Site Review process
Los Gatos
25 ft. setback from Los Gatos - Saratoga Road property line;
Lodge
20 ft. setback from Los Gatos High School property line;
(APN 529 -24 -032)
East property line setback adjacent to Bella Vista Avenue
maintained at 360 ft. topographic contour line or 15 ft.
whichever is greater;
20 ft. side & shared property line setbacks unless combined with
adjoining Lodge parking lot parcel; Internal setbacks to be
determined by Architecture and Site Review process
Los Gatos
25 ft. setback from Los Gatos - Saratoga Road property line;
Lodge
20 ft. setback from Los Gatos High School property line ;
(APN 529 -24 -001)
East property line setback adjacent to Bella Vista Avenue
maintained at 360 ft. topographic contour line or 15 ft.
whichever is greater;
20 ft. side & shared property line setbacks unless combined with
adjoining Lodge main complex parcel; Internal setbacks to be
determined by Architecture and Site Review process
Higgins
15 ft. side & shared property line setback adjacent to Oak Rim
Business Park
site (unless combined with adjacent parcel);
(APN 529 -16 -071)
10 ft. setback from Highway 17 property line;
East property line setback to be based on future geologist's
report.
East property line setbacks and internal setbacks to be
determined by Architecture and Site Review process
Los Gatos
15 ft. side & shared property line setback adjacent to Higgins
Oaks Apt.
site (unless combined with adjacent parcel);
(APN 529 -16 -042)
10 ft. setback from Highway 17 property line;
25 ft. front setback on Blossom Hill Road;
Internal slope setbacks based on future geologist's report;
Internal setbacks determined by Architecture and Site Review
process
29.80.545. Affordable Housing Overlay Zones Development Incentives
(a) Concessions and Incentives. Applications meeting the intent of the
AHOZ will be automatically granted four concessions at the applicant's
sole discretion. The concessions are reductions in the development
standards specified in this section, and processing fee waivers. The
following development incentives are available to qualifying residential
developments within an AHOZ:
(1) Parking standards. Parking standards may be reduced if a
parking reduction is requested as one of the four concessions.
Parking may be reduced as follows:
a. Reduction to one space per unit for units reserved for
seniors or persons with disabilities.
b. Reduction to one space per unit for developments within
one quarter mile to the proposed Vasona Light Rail Station.
(2) Property setbacks. Any two property setbacks may be reduced
by up to 50% if an applicant selects the setback reduction as one of
the four concessions. The two setback reductions are considered
one concession.
(3) Lot Coverage. The lot coverage may be increased up to 50% if
the applicant selects the lot coverage increase as one of the four
concessions.
(4) Processing Fees. The Town shall waive or defer planning,
engineering, and building processing fees, except those that are
paid directly to Town consultants or for technical studies.
The developer can select one of the following types of fees to be
waived as one of the four available concessions:
a. Planning and engineering application fees (but not Town
consultant fees)
b. Building plan check and inspection fees
C. Construction mitigation fee
r]
The fees selected shall be waived if the applicant selects a fee
waiver as one of the four automatically granted concessions.
If the developer selects a deferral of all fees noted above rather
than a waiver, the fees shall be deferred to the time of issuance of
the certificate of occupancy for each unit.
(5) Priority processing. The Town shall give qualifying projects the
highest processing priority for planning entitlements, building plan
check and building inspection.
29.80.550. Architecture and Site Review Process.
(a) Affordable Housing Overlay Zone Design Guidelines. All projects shall
comply with the Adopted Affordable Housing Overlay Zone Design
Guidelines in effect at the time of entitlement approval.
(b) Architecture and Site Approval. All projects shall require an
Architecture and Site application approval. The Planning Commission
shall review each project and make a recommendation to the Town
Council. The Town Council is the final decision making authority for
AHOZ applications. The Town Council shall adopt a resolution that
documents the Architecture and Site application decision.
(1) Architectural design. Affordable units within a mixed
affordable /market rate development may be allowed to vary in
interior and exterior design and square footage from market rate
units as long as the project remains architecturally harmonious as
determined by the approval body. Attached units, smaller (in
square footage) units and other design variations from market rate
units may be permitted within reason to reduce costs of providing
affordable units subject to the required Architecture and Site
approval process.
(c) Environmental Review. All projects shall be subject to the requirements
of the California Environmental Quality Act.
(d) Findings. In order to qualify for a height increase over the maximum
stated in Table IA, the Planning Commission shall make a
recommendation and the Town Council shall find that:
(1) The building massing and dimensional ratios of proposed building
components create a harmonious visual balance and contribute to
the architectural character of the project or its surroundings.
(2) The height increase is necessary to achieve excellence in
architectural design and cannot be accommodated through
alternative means such as reducing overall floor to ceiling heights.
K
(e) Timing of Affordable Unit Construction. Affordable Units must be
constructed concurrently with market -rate units. The Affordable Units
shall be integrated into the market rate component of the plan to the
greatest extent feasible. If complete integration cannot be achieved, the
applicant shall provide justification for not meeting the intent of this
section and why such integration is not feasible. The applicant shall
submit a plan of the affordable and market rate unit distribution in the
development to the Town. The Planning Commission shall review and
make a recommendation on the affordable and market rate unit
distribution plan and the Town Council shall review the final plan for
approval.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts
shall be severed from the remaining portions which shall remain in full force and effect.
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SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on November 4, 2013, and 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 November 18,
2013. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara
NAYS:
ABSENT:
ABSTAIN:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATO CALIFORNIA
ATTEST C,�(\h'
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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