Addendum.SB9 Urgency Ordinance 2021
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Assistant Town Manager, Town Attorney, and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/21/2021 ITEM NO: 20 ADDENDUM
DATE: December 20, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider Adoption of a 45-Day Urgency Ordinance to Implement Senate Bill 9
to Allow for Two-Unit Housing Developments and Urban Lot Splits in All
Single-Family Residential Zoning Districts.
REMARKS:
Attachment 4 includes additional public comment received between 11:01 a.m., Thursday,
December 16, 2021 and 11:00 a.m., Monday, December 20, 2021.
In response to these comments, staff has prepared the following comments for consideration:
1. The draft Urgency Ordinance includes the Town’s two “Single-Family Residential” zoning
designations as required by State Law. Town Council could choose to expand this to
include Hillside Residential; however, staff does not recommend it because Hillside
Residential is located in the Very High Fire Hazard Severity Zone.
2. The language in regard to the Very High Fire Hazard Severity Zone in Section IV(D) of the
draft Urgency Ordinance is directly from SB 9.
3. The floor area and lot coverage allowed by this draft Urgency Ordinance are not
intended to include additional Accessory Dwelling Unit (ADU) floor area, as ADUs are
not currently allowed on SB 9 projects, but additional clarification could be added. The
requirement to allow at least two 800-square foot units is included within Section V(E).
4. If Town Council is supportive of allowing a modified front setback for flag lots created
through the urban lot split process, staff recommends consideration of the street side
setback as an intermediate requirement. The required front setback for flag/corridor
lots in the Urgency Ordinance could reference the existing street side setback for the
applicable zone, which is 10 feet less than the R-1 required front setbacks, and 5 feet
less than the R-1D required front setback.
5. The language in Section V(C)(4)(c) is based on language used by other municipalities
within Santa Clara County.
PAGE 2 OF 2 SUBJECT: Senate Bill 9 Implementation Urgency Ordinance DATE: December 20, 2021
REMARKS (continued):
6. While objective standards can be used in the review of proposed two-unit residential
development or urban lot split applications, a project can only be denied through the
Building Official findings listed in Section V(D)(4).
7. The regulations proposed for the use of flag/corridor lots in the draft Urgency Ordinance
were prepared to be consistent with current Town regulations.
8. The objective standards prepared for this draft Urgency Ordinance may not be feasible
in some cases. For those projects, Section V(E) allows for exceptions to the applicable
standard(s) to the minimum extent necessary.
9. If the draft Urgency Ordinance is adopted with both Minimum Lot Width and Minimum
Public Frontage of 20 feet, the final sentence of Section VI(A)(3) could be modified to
state, “The minimum lot area for a flag/corridor lot shall be exclusive of the access
corridor if less than 20 feet in width.”
10. The lot frontage requirement could be removed or modified if supported by Town
Council.
11. Section VI(B)(5) has been written to comply with the requirements of SB 9.
12. See item 6 above.
13. The draft Urgency Ordinance does include the following language under Section
VI(C)(3): Applicants shall apply for an Urban Lost Split Parcel Map and pay all fees.
14. The draft ordinance does not include any neighbor notification, for alignment and
consistency with the ministerial process for ADUs, and because there are no public
hearing or appeal rights in ministerial processes.
15. Section VI(B)(5) includes a requirement for an intent to occupy statement.
16. The draft Urgency Ordinance allows proposed dwelling units up to the maximum
allowed floor area under current code, rather than including a more restrictive 800-
square foot maximum.
ATTACHMENTS:
Previously received with the December 21, 2021 Staff Report:
1. Draft Urgency Ordinance
2. Senate Bill 9
3. Public Comment received by 11:00 a.m., Thursday, December 16, 2021
Received with this Addendum:
4. Public Comments received between 11:01 a.m., Thursday, December 16, 2021 and 11:00
a.m., Monday, December 20, 2021