Desk Item.SB9 Urgency Ordinance Extension
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: 2/1/2022 ITEM NO: 5 DESK ITEM
DATE: February 1, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Extension of an Urgency Ordinance for a Period of 10 Months and
15 Days to Implement Senate Bill 9 to Allow for Two-Unit Housing
Developments and Urban Lot Splits in All Single-Family Residential Zoning
Districts
REMARKS:
The following information is provided in response to Council Member questions:
• Do we know what, if any, Ordinance the County has passed or is considering?
Santa Clara County has not adopted an Urgency Ordinance or Ordinance addressing Senate
Bill (SB) 9 and is currently implementing SB 9 based on State law for parcels in the
unincorporated areas of Santa Clara County. They are targeting April for adoption of an
Ordinance to implement the provisions of SB 9.
• Can we have a map that shows the locations of the Hillside Residential (HR), Single-Family
Residential (R-1), and Single-Family Residential Downtown (R-1D)?
Maps for these zones are included as Attachment 5. Please note that the map of the HR
zone also includes the Town boundary and the boundary of the Hillside Area, and the map
of the R-1D zone provides additional details, including the boundaries of the Historic
Districts, the parcels that are considered pre-1941, and the estimated 626 parcels that could
qualify for a SB 9 permit.
PAGE 2 OF 2 SUBJECT: Senate Bill 9 Implementation Urgency Ordinance Extension DATE: February 1, 2022
REMARKS (continued):
• Provide some language that could be used to prohibit an Urban Lot Split in High or Very High
Fire Hazard Severity Zones where there is a single egress route. Can we view a map of what
areas might qualify for SB 9?
As stated in the Hillside Residential discussion in Section J of the staff report, one possible
option is, “For subdivisions in the Wildland Urban Interface (WUI), development will only be
allowed where existing roads provide adequate emergency ingress and egress. For
subdivisions under consideration where roads only provide one-way ingress/egress access,
subdivisions will only be considered if the roadway clearance meets the current legal
standard of 20 feet of clear horizontal width and 13 feet of vertical clearance.”
Creation of a map to show where the hillside roads comply with this requirement would
require verification of the data included in the Town’s StreetSaver database. While there
was not enough time to prepare the map for tonight’s meeting, this is work that could be
done as part of the development of a permanent ordinance for future Council consideration
to implement SB 9.
Attachment 6 includes additional public comment received between 11:01 a.m., Monday,
January 31, 2022, and 11:00 a.m., Tuesday, February 1, 2022.
Attachments:
Previously received with the Staff Report:
1. Draft Urgency Ordinance Extension with Exhibit A Urgency Ordinance Number 2326
2. Senate Bill 9
3. Public Comments received between 11:01 a.m., Tuesday, December 21, 2021 and 11:00
a.m., Friday, January 28, 2022
Previously received with the Addendum Report:
4. Public Comments received between 11:01 a.m., Friday, January 28, 2022 and 11:00 a.m.,
Monday, January 31, 2022
Received with this Desk Item:
5. Maps of Hillside Residential, Single-Family Residential, and Single-Family Residential
Downtown
6. Public Comments received between 11:01 a.m., Monday, January 31, 2022 and 11:00 a.m.,
Tuesday, February 1, 2022