Chapter 29 — ZONING REGULATIONS›Article VIII — OVERLAY ZONES AND HISTORIC PRESERVATION
Division 5 — HOUSING ELEMENT OVERLAY ZONE
Los Gatos Municipal Code · 2026-09 edition · updated 2026-10-02 · Los Gatos
Editor's note— Ord. No. 2353, § II, adopted March 5, 2024, repealed the former Div. 5, §§ 29.80.505— 29.80.515, and enacted a new Div. 5 as set out herein. The former Div. 5 pertained to affordable housing overlay zone and derived from Ord. No. 2224, § I, 11-18-13; Ord. No. 2277, II, 8-21-18; Ord. No. 2347, § I, 11-21-23.
Sec. 29.80.505. - Intent.¶
The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.
(Ord. No. 2353, § II, 3-5-24)
Sec. 29.80.510. - HEOZ and underlying zoning.¶
(a)
"By right" residential developments on sites with underlying zoning of RM, CH, or NF-SP (Table 1A below). Pursuant to Government Code Section 65583.2, subsections (h) and (i), in the HEOZ, residential developments with at least twenty (20) percent of the units proposed for "low income" households are subject to "by right approval." These developments are subject to the following:
(1)
The developments must be developed within the density ranges specified in Table 1A below and in no event shall any residential development projects be developed below the minimum density of thirty (30) units per acre.
(2)
The developments shall be subject to non-discretionary design review based on objective development standards in accordance with the procedures specified in Article II, "Administration and Enforcement," of Chapter 29, "Zoning Regulations," of the Town Code.
(3)
No California Environmental Quality Act review shall be required.
(4)
Any subdivision of sites in the HEOZ shall be subject to all laws, including, but not limited to, Chapter 24, "Subdivision Regulations," and sections 29.10.067—29.10-087 of the Town Code implementing the Subdivision Map Act.
(5)
Residential units shall occupy at least fifty (50) percent of the floor area in all mixed-use projects.
(6)
For residential developments and mixed-use projects, the standards set forth in Table 1A shall apply.
Table 1A HEOZ Development Standards for "By Right" Residential Development
| General Plan Land Use Designation | Zoning | Minimum Yards | Maximum Lot Coverage | Maximum Floor Area Ratio (FAR) | Maximum Height Limit (ft) | Density Units Per Acre |
|---|---|---|---|---|---|---|
| High Density Residential | R-M | As authorized by Section 29.40.645 | 75% | N/A | 45 feet | 30—40 |
| Mixed-Use | CH | As authorized by Section 29.60.435 | N/A | 3.0 | 45 feet | 30—40 |
| North Forty Specific Plan | NF-SP | As defined in Specific Plan | As defined in Specific Plan | As defined in Specific Plan | As defined in Specific Plan | 30—40 |
(b)
For all other residential developments other than those described in subsection (a), the standards set forth in Table 1B below shall apply.
Table 1B HEOZ Development Standards for Other Residential Development
| General Plan Land Use Designation | Zoning | Minimum Yards | Maximum Lot Coverage | Maximum Floor Area Ratio (FAR) | Maximum Height Limit (ft) | Density Units Per Acre |
|---|---|---|---|---|---|---|
| Low Density Residential | R-1 | As authorized by Section 29.40.405 | 50% | N/A | 30 feet | 0—5 |
| Medium Density Residential | R-1D, R-D, and R-M | As authorized by Section 29.40.405, 29.40.530, and 29.40.645 | 75% | N/A | 35 feet | 14—22 or 5—12 in Very High Fire Hazard Severity Zones |
| Neighborhood Commercial | C-1 | As authorized by Section 29.60.225 | N/A | 1.0 | 35 feet | 10—20 |
| Central Business District | C-2 | As authorized by Section 29.60.335 | N/A | 2.0 | 45 feet | 20—30 |
Office Professional O As authorized by Section N/A 1.0 35 feet 10—20 29.60.100
(c)
The underlying zoning development standards will remain in effect for all other development without a residential component.
(d)
Regardless of the underlying zoning designation, no residential use may be developed that does not meet the applicable HEOZ development standards.
(e)
Where standards are not specified, the development standards provided in the underlying zoning district shall apply.
(Ord. No. 2353, § II, 3-5-24)
Get a plain-English answer with a citation back to this text.
Ask AI about this code