Attachment 1 Lot Merger Ordinance
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Ordinance Council Meeting Date
DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 24, “SUBDIVISION REGULATIONS,” AND CHAPTER 29, “ZONING
REGULATIONS,” OF THE TOWN CODE REGARDING TOWN-INITIATED PARCEL
MERGERS
WHEREAS, Town Code Section 29.10.070 currently addresses lot mergers for lots that
do not conform with the Town’s requirements;
WHEREAS, Section 29.10.070(b) currently provides that “any parcels under the same or
substantially the same ownership that do not meet the [Town’s] criteria . . . shall be considered
merged;”
WHEREAS, The State Subdivision Map Act (Map Act) governs in the area of subdivisions
and preempts local ordinances with regard to lot mergers;
WHEREAS, The Town Code currently conflicts with, and is preempted by, State law; and
WHEREAS, Staff is proposing an ordinance to amend the Town’s subdivision ordinance
to conform with State law regarding lot mergers.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Town Code Section 29.10.070, “Lot Merger,” is repealed.
SECTION II. A New Section 24.10.080, “Town-Initiated Parcel Merger,” is added to Chapter 24,
“Subdivision Regulations,” of the Town Code to read as follows:
“(a) The Town may initiate a merger of a parcel with a contiguous parcel held by the same
owner if any one of the contiguous parcels held by the same owner does not conform to
standards for minimum parcel size, under the zoning ordinance applicable to the parcel
and if, in accordance with Government Code Section 66451.11, all of the following
requirements are satisfied:
(1) At least one of the affected parcels is undeveloped by any structure for which a
building permit was issued or for which a building permit was not required at the
time of construction, or is developed only with an accessory structure or
accessory structures, or is developed with a single structure, other than an
accessory structure, that is also partially sited on a contiguous parcel.
(2) With respect to any affected parcel, one or more of the following conditions
exists:
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Ordinance Council Meeting Date
a. Comprises less than 5,000 square feet in area at the time of the
determination of merger;
b. Was not created in compliance with applicable laws and ordinances in
effect at the time of its creation;
c. Does not meet current standards for sewage disposal and domestic water
supply;
d. Does not meet slope stability standards;
e. Has no legal access which is adequate for vehicular and safety equipment
access and maneuverability;
f. Its development would create health or safety hazards; or
g. Is inconsistent with the applicable general plan and any applicable
specific plan, other than minimum lot size or density standards.
(b) Before initiating a parcel merger, the Town will notify the owner of the affected parcels
and provide the owner with the opportunity for a public hearing. The public hearing will
be conducted by the Planning Commission. The decision of the Planning Commission
may be appealed to the Town Council within ten days of the decision of the Planning
Commission. The decision of the Town Council shall be final.”
SECTION III. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION IV. Publication.
The Town Clerk is directed to cause copies of this ordinance to be posted in three (3)
prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos
Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting
forth the date of adoption, the title of this ordinance, and a list of places where copies of this
ordinance are posted, within fifteen (15) days after adoption of this ordinance. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage, a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
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SECTION V. CEQA.
Adopting this ordinance addressing Town initiated lot mergers is not a project subject to
CEQA because it can be seen with certainty that it will not impact the environment (CEQA
Guidelines Section 15378).
SECTION VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 7th day of February 2023, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the 21st day of February 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________