Ord 2359 - Amend Chapter 29, "Zoning Regularions," of the T.C. Regarding Senate Bill (SB) 9 for Modified Design Review StandardsORDINANCE2359
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29, "ZONING REGULATIONS," OF THE TOWN CODE
REGARDING SENATE BILL (SB) 9 FOR MODIFIED DESIGN REVIEW STANDARDS
AND OTHER CLARIFYING REVISIONS
TOWN CODE AMENDMENT APPLICATION A-24-003
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the Town of Los Gatos (Town) has adopted a General Plan to ensure a
well -planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the
General Plan; and
WHEREAS, State law requires that the Town's Zoning Code conform with the
General Plan's goals and policies; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed
into law Senate Bill (SB) 9, which among other things, adds Government Code Sections
65852.21 and 66411.7 to impose new limits on local authority to regulate two -unit
housing developments and urban lot splits; and
WHEREAS, SB 9 requires the Town to provide for the ministerial (or "by right")
approval of a housing development containing no more than two residential units of at
least 800 square feet in floor area (two -unit housing development) and a parcel map
dividing one existing lot into two approximately equal parts (urban lot split) within a
single-family residential zone for residential use; and
WHEREAS, SB 9 eliminates discretionary review and public oversight of proposed
housing developments containing no more than two residential units by removing public
notice and hearings by the Development Review Committee or Planning Commission, by
authorizing only administrative review of the project, and by requiring ministerial
approval of a two -unit housing development that meets objective standards; and
WHEREAS, SB 9 eliminates discretionary review and public oversight of the
proposed subdivision of one lot into two parcels by removing public notice and hearings
by the Development Review Committee or Planning Commission, by requiring only
administrative review of the project, and by providing ministerial approval of an urban lot
split, and also authorizes local agencies to adopt an ordinance allowing for up to a 24-
month additional map extension, for the use of an approved or conditionally approved
Tentative Parcel Map; and
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WHEREAS, SB 9 exempts SB 9 projects from environmental review as required by
the California Environmental Quality Act (CEQA), by establishing a ministerial review
process without discretionary review or a public hearing; and
WHEREAS, SB 9 allows the Town to adopt objective zoning and subdivision
standards for two -unit housing developments and urban lot splits; and
WHEREAS, the Town desires to amend its local regulatory scheme to comply with
and implement Government Code Sections 65852.21 and 66411.7 and to appropriately
regulate projects under SB 9; and
WHEREAS, on November 15, 2022, Town Council adopted Ordinance 2334 to
regulate SB 9 projects within the Town; and
WHEREAS, at the February 13, 2024, Strategic Priorities meeting, Town Council
voted to include a request for a modification to the second -story step -back requirement
for SB 9 units (Section 29.10.630.(2)(e) of Ordinance 2334) within the Town's upcoming
Strategic Priorities for ordinance amendments; and
WHEREAS, the Planning Commission at its meeting on April 10, 2024, reviewed the
proposed amendments to the Town Code regarding SB 9 second -story step -back
requirements and other clarifying revisions as recommended by staff, held a public
hearing, and forwarded a recommendation of approval to the Town Council with
recommended modifications related to prohibited exterior materials and screening
requirements for ground -mounted mechanical equipment; and
WHEREAS, this matter was regularly noticed in conformance with State and Town
law and came before the Town Council for public hearing on May 7, 2024; and
WHEREAS, on May 7, 2024, the Town Council accepted the report of the Planning
Commission's recommendation of approval for the proposed amendments to the Town
Code regarding SB 9, held a public hearing, and voted to introduce the Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos
as follows:
SECTION I. Section 29.10.600, "Purpose and Applicability," of Division 10., "Two -Unit Housing
Development and Urban Lot Splits," of Chapter 29, "Zoning Regulations," is amended to read as
follows:
The Town Council finds and determines that this Division is applicable only to voluntary
applications for two -unit housing developments and urban lot splits consistent with Senate Bill
(SB) 9. Owners of real property or their representatives may continue to exercise rights for
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Ordinance 2359 May 21, 2024
property development in conformance with the Zoning Code and Subdivision Code.
Development applications that do not satisfy the definitions for a two -unit housing
development or an urban lot split provided in Section 29.10.610 (Definitions) shall not be
subject to this Ordinance. Any provision of this Division which is inconsistent with SB 9 shall be
interpreted in a manner which is the most limiting on the ability to create a two -unit housing
development or urban lot split, but which is consistent with State law. The provisions of this
Division shall supersede and take precedence over any inconsistent provision of the Town Code
to the extent necessary to effect the provisions of this Division.
SECTION II. Section 29.10.610, "Definitions," of Division 10., "Two -Unit Housing Development
and Urban Lot Splits," of Chapter 29, "Zoning Regulations," is amended to read as follows:
In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29
(Zoning Regulations), the following definitions apply for purposes of this Division. Where a
conflict may exist, the definitions in this Division shall apply.
Acting in concert means persons, as defined by Government Code Section 82047, as that
section existed on January 1, 2022, acting jointly to pursue development of real property
whether or not pursuant to a written agreement and irrespective of individual financial
interest.
Addition means any construction which increases the size of a building or facility in terms of
site coverage, height, length, width, or gross floor area.
Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated
from the parcel at any point only by a public right-of-way, private street or way, or public or
private utility, service, or access easement; or separate from another parcel only by other real
property which is in common ownership or control of the applicant.
Alteration means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure or change in the relative position of buildings or
structures on a site, or substantial change in appearances of any building or structure.
Car -share vehicle means a motor vehicle that is operated as part of a regional fleet by a
public or private car sharing company or organization and provides hourly or daily service.
Common ownership or control means property owned or controlled by the same person,
persons, or entity, or by separate entities in which any shareholder, partner, member, or family
member of an investor of the entity owns ten percent or more of the interest in the property.
Entryfeature means a structural element, which leads to an entry door.
Existing structure means a lawfully constructed building that has received final building
permit clearance.
First residential unit means one of two primary dwelling units developed under a two -unit
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housing development and can be an existing primary dwelling unit if it meets or is modified to
meet the 1,200-square foot floor area limitation on first residential units.
Flag lot means "lot, corridor" as defined in Section 29.10.020 of Town Code.
Nonconforming zoning condition means a physical improvement on a property that does
not conform with current zoning standards.
Two -unit housing development means an application proposing no more than two primary
dwelling units on a single parcel located within a single-family residential zone as authorized by
Government Code Section 65852.21. A two -unit housing development shall consist of either the
construction of no more than two new primary dwelling units, one new primary dwelling unit
and retention of one existing primary dwelling unit, or retention of two existing legal non-
conforming primary dwelling units where one or both units are subject to a proposed addition
or alteration.
Public transportation means a high -quality transit corridor, as defined in subdivision (b) of
Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources
Code Section 21064.3.
Single-family residential zone means a "R-1 or Single -Family residential Zone", "R-ID or
Single -Family Residential Downtown Zone", or "HR or Hillside Residential Zone" as specified in
Article IV, "Residential Zones," of the Zoning Code.
Subdivision Code means Chapter 24 of the Los Gatos Town Code.
Sufficient forseparate conveyance means that each attached or adjacent dwelling unit is
constructed in a manner adequate to allow for the separate sale of each unit in a common
interest development as defined in Civil Code Section 1351 (including a residential
condominium, planned development, stock cooperative, or community apartment project), or
into any other ownership type in which the dwelling units may be sold individually.
Urban lot split means a ministerial application for a parcel map to subdivide an existing
parcel located within a single-family residential zone into two parcels, as authorized by
Government Code Section 66411.7.
Zoning Code means Chapter 29 of the Los Gatos Town Code.
SECTION III. Section 29.10.620, "Eligibility," of Division 10., "Two -Unit Housing Development
and Urban Lot Splits," of Chapter 29, "Zoning Regulations," is amended to read as follows:
An urban lot split or a two -unit housing development may only be created on parcels
satisfying all of the following general requirements:
(1) Zoning District. A parcel that is located within a single-family residential zone.
(2) Legal Parcel. A parcel which has been legally created in compliance with the
Subdivision Map Act (Government Code Section 66410 et seq.) and the Town's
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Ordinance 2359 May 21, 2024
Subdivision Regulations in effect at the time the parcel was created. Applications for
an urban lot split or two -unit housing development will only be accepted on parcels
with either a recorded parcel map or certificate of compliance. When both an urban
lot split and two -unit housing development application are submitted
simultaneously, no construction or building permits for new construction or grading
activities may be issued until the new parcel map for the urban lot split approval has
been recorded.
(3) Excluding Historic Property. A parcel that is not located within a historic district or
property included on the State Historic Resources Inventory, as defined in Section
5020.1 of the Public Resources Code, or a parcel that does not contain a Historic
Structure, as defined in Town Code Section 29.10.020, or is not listed on the Town of
Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article
VII, Division 3, "Historic Preservation and LHP or Landmark and Historic Preservation
Overlay Zone."
(4) Excluding Very High Fire Hazard Severity Zone. A parcel that is not within a very high
fire hazard severity zone, as determined by the Department of Forestry and Fire
Protection pursuant to Government Code Section 51178, or within a state
responsibility area, as defined in Section 4102 of the Public Resources Code. This
subparagraph does not apply to sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation measures
applicable to the development, including, but not limited to, standards established
under all of the following or their successor provisions: (i) Section 4291 of the Public
Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public
Resources Code; and (iii) Section 7A of the California Building Code (Title 24 of the
California Code of Regulations).
(5) Excluding Hazardous Waste Sites. A parcel that is not identified as a hazardous waste
site pursuant to Government Code Section 65962.5 or a hazardous waste site
designated by the Department of Toxic Substances Control pursuant to Health and
Safety Code Section 25356, unless the State Department of Public Health, State
Water Resources Control Board, or Department of Toxic Substances Control has
cleared the site for residential use.
(6) Excluding Earthquake Fault Zone. A parcel that is not located within a delineated
earthquake fault zone as determined by the State Geologist on any official maps
published by the State Geologist, unless the two -unit housing development complies
with applicable seismic protection building code standards adopted by the California
Building Standards Commission under the California Building Standards Law (Part 2.5
(commencing with Section 18901) of Health and Safety Code Division 13), and by any
local building department under Chapter 12.2 (commencing with Section 8875) of
Division 1 of Title 2.
(7) Excluding Flood Zone. A parcel that is not located within a special flood hazard area
subject to inundation by the 1 percent annual chance flood (100-year flood) on the
official maps published by the Federal Emergency Management Agency unless a
Letter of Map Revision prepared by the Federal Emergency Management Agency has
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been issued or if the proposed two -unit housing development is constructed in
compliance with the provisions of Town Code Chapter 29, Article XI, "Floodplain
Management," as determined by the floodplain administrator.
(8) Excluding Natural Habitat. A parcel that is not recognized by the Town as a habitat
for protected species identified as a candidate, sensitive, or species of special status
by State or Federal agencies, fully protected species, or species protected by the
Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game Code).
(9) Excluding Prime Farmland and Wetlands. A parcel that contains either prime
farmland or farmland of statewide importance, as defined pursuant to the United
States Department of Agriculture land inventory and monitoring criteria, as modified
for California, and designated on the maps prepared by the Farmland Mapping and
Monitoring Program of the Department of Conservation, or land zoned or
designated for agricultural protection or preservation by a local ballot measure that
was approved by the voters of that jurisdiction; or wetlands, as defined in the United
States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(10) Excluding Conservation Easements. A parcel subject to a recorded conservation
easement.
SECTION IV. Section 29.10.630, "Requirements," of Division 10., "Two -Unit Housing
Development and Urban Lot Splits," of Chapter 29, "Zoning Regulations," is amended to read as
follows:
Two -unit housing developments must comply with the following objective zoning standards,
design review standards, and general requirements and restrictions:
(1) Zoning Standards. The following objective zoning standards supersede any other
standards to the contrary that may be provided elsewhere in the Zoning Code, as
they pertain to a two -unit housing development under Government Code Section
65852.21. Two -unit housing developments shall be constructed only in accordance
with the following objective zoning standards, except as provided by subsection (4),
"Exceptions:"
a. Building Height. Maximum building height shall be as specified by the
applicable zoning district for the main structure. Buildings located within the
required side or rear setbacks of the applicable zoning district, and those
located in the Hillside Residential (HR) zones, shall not exceed 16 feet in height;
b. New Driveways. Each parcel shall include no more than a single driveway
unless the parcel has more than 100 feet of contiguous street frontage or more
than one existing driveway. Any new driveway shall satisfy the following
requirements:
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Ordinance 2359 May 21, 2024
1. A minimum width of 10 feet up to a maximum width of 18 feet.
Driveways in the Hillside Residential (HR) zones shall have a minimum
width of 12 feet;
2. A minimum depth of 18 feet measured from the front or street side
property line;
3. Surfacing shall comply with Town Code Section 29.10.155(e);
4. Only a single driveway curb -cut shall be permitted per parcel unless the
parcel has more than 100 feet of contiguous street frontage, designed in
accordance with the Town's Standard Specifications and Plans for Parks
and Public Works Construction; and
5. A maximum slope of 15 percent.
C. Dwelling Unit Type. The primary dwelling units comprising a two -unit housing
development may take the form of detached single-family dwellings, attached
units, and/or duplexes. A duplex may consist of two dwelling units in a side -by -
side or front -to -back configuration within the same structure or one dwelling
unit located atop another dwelling unit within the same structure;
d. Fencing. All new fencing shall comply with the requirements of Sections
29.40.030 through 29.40.0325 of the Zoning Code;
e. Floor Area Ratio and Lot Coverage.
1. The maximum floor area ratio and lot coverage shall be as specified by
the applicable zoning regulations.
2. For flag/corridor lots, the gross lot size includes the access corridor for
the purposes of determining maximum floor area ratio and lot coverage
as follows:
i. When an easement is used to provide access, the access corridor is
included in the gross lot size for the lot granting the easement; and
ii. When the access corridor is owned in -fee and is part of the rear lot,
the access corridor is included in the gross lot size for the rear lot.
3. The maximum size of the first new residential unit shall not exceed 1,200
square feet.
4. When a two -unit housing development is proposed and the existing
structures are at or below the maximum allowed floor area, a 10 percent
increase in the floor area ratio standards for residential structures is
allowed, excluding garages, and this increase in floor area cannot be
combined with a separate increase for an Accessory Dwelling Unit
allowed by Town Code Section 29.10.320. The additional floor area
allowed by this subsection shall not exceed 1,200 square feet.
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5. Notwithstanding the floor area ratio and lot coverage standards in this
subsection, a new two -unit housing development with unit sizes of 800
square feet or less shall be permitted.
Grading.
1. To the extent required by Chapter 12, Article II and Section
29.10.09045(b) of the Town Code, the grading activities set forth in
subsection 2. below may require a Grading Permit, but will not require
discretionary review of an Architecture and Site Application;
2. Grading activity associated with a two -unit housing development shall
not exceed 50 cubic yards, cut plus fill, except:
i. Light wells that do not exceed the minimum required per Building
Code shall not count as grading activity for the purpose of this
section;
ii. Grading activities required to provide the minimum driveway and
fire access as required by the Santa Clara County Fire Department
shall not count as grading activity for the purpose of this section;
and
iii. Excavation within the footprint of a primary dwelling unit or garage
shall not count as grading activity for the purpose of this section.
g. Cut and Fill. Two -unit housing developments shall be subject to the cut and fill
requirements specified by Table 1-1 (Cut and Fill Requirements) below:
Table 1-1- Cut and Fill Requirements
Site Element
Cut *
Fill
House and attached garage
8' **
3'
Detached accessory building
*
4'
3'
Driveways ***
4'
3'
Other (decks, yards) *
4'
3'
* Combined depths of cut plus fill for development other than the main residence shall be
limited to 6 feet.
** Excludes below grade square footage pursuant to Section 29.40.072 of the Town Code
and light -wells that do not exceed the minimum required per Building Code.
*** Excludes cut and fill for the minimum driveway and fire access standards as required by
the Santa Clara County Fire Department.
h. Building Sites. The footprint of the proposed residential unit(s) and garage(s)
shall not be located on lands with slopes exceeding 30 percent. This provision
applies only to the building site, not the property as a whole;
i. Retaining Walls. Retaining walls shall not exceed five feet in height and shall
not run in a straight continuous direction for more than 50 feet without a
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Ordinance 2359 May 21, 2024
break, offset, or planting pocket. Retaining walls shall have a five-foot
landscaped buffer when adjacent to the street;
j. Light Reflectivity Value. Exterior material colors for primary dwelling units and
garages in the Hillside Residential (HR) zones shall comply with requirements in
Chapter V, Section I, of the Town's Hillside Development Standards and
Guidelines;
k. Landscaping Requirement. All landscaping shall comply with the California
Model Water Efficient Landscape Ordinance (MWELO);
I. Lighting. New exterior lighting fixtures shall be downward directed and utilize
shields so that no bulb is visible to ensure that the light is directed to the
ground surface and does not spill light onto neighboring parcels consistent
with Section 29.10.09015 of the Zoning Code;
m. Trees. Any proposed work shall comply with the protection, removal, and
replacement requirements for protected trees in Chapter 29, Article 1, Division
2, "Tree Protection," of Town Code;
n. Minimum Living Area. The minimum living area of a primary dwelling unit shall
be 150 square feet, subject to the restrictions specified by Health and Safety
Code Section 17958.1;
o. Parking.
1. One parking stall per primary dwelling unit shall be required, except for
two -unit housing developments located on parcels within one-half mile
walking distance of public transportation; or where there is a designated
parking area for one or more car -share vehicles within one block of the
parcel.
2. Parking stalls may either be uncovered or covered (garage or carport) in
compliance with applicable developments standards of the Zoning Code,
including Chapter 29, Article I, Division 4, "Parking," except that
uncovered parking spaces may be provided in a front or side setback
abutting a street on a driveway (provided that it is feasible based on
specific site or fire and life safety conditions) or through tandem parking.
p. Setbacks. Two -unit housing developments and attached garages shall be
subject to the setback and building separation requirements specified by Table
1-2 (Setback Requirements), below. Detached garages and detached accessory
structures shall meet the setback requirements specified in Town Code Section
29.40.015 (Accessory Buildings).
Table 1-2 - Setback Requirements
Setback
Requirement�2)
Property Line Setbacks(')
Front
Per the applicable zoning
district.(')
Garage Entry
18 feet
Interior Sides
4 feet")
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Ordinance 23S9 May 21, 2024
Rear
Street Side
Separation Between
Detached Structures(3)(4)
Per the applicable zoning
district.
5 feet
Exceptions:
(1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys, or other similar architectural
features may extend into required setbacks as specified Section 29.40.070(b) of the Zoning Code.
(2) No setback shall be required for an existing structure, or a structure constructed in the same
location and to the same dimensions as an existing structure.
(3) For parcels created through an urban lot split where the parcels are under the same ownership, no
interior side setback shall be required for two -unit housing development units constructed as
attached units on separate lots, provided that the structures meet building code safety standards and
are sufficient to allow separate conveyance as a separate fee parcel. Similarly, no rear setback (for
the front property) or front setback (for the rear property) shall be required for two -unit housing
development units constructed as attached units in a flag -lot configuration where the parcels are
under the same ownership.
(4) Except for primary dwellings constructed as a duplex or attached single-family residences.
(5) Flag/corridor lots shall use the interior side setback requirements for all property lines other than
the rear.
Stormwater Management. The development shall comply with the
requirements of the Town's National Pollution Discharge Elimination System
Permit as implemented by Chapter 22 of the Town Code, and as demonstrated
by a grading and drainage plan prepared by a registered civil engineer; and
Utilities. New units shall be designed as individual units, with separate gas,
electric, and water utility connections directly between each dwelling unit and
the utility.
(2) Design Review Standards. The following objective design review standards apply to
construction of new primary dwelling units and to any addition and/or alteration to
existing primary dwelling units as part of a two -unit housing development, except as
provided by subsection (4) below, "Exceptions:"
a. Balconies/Decks. Rooftop and second floor terraces and decks are prohibited.
Balconies shall only be permitted on the front- and street -side elevations of a
primary dwelling unit fronting a public street. Such balconies shall be without
any projections beyond the building footprint;
b. Finished Floor. The finished floor of the first story shall not exceed three feet in
height as measured from finished grade;
C. Front Entryway. A front entryway framing a front door shall have a roof eave
that matches or connects at the level of the adjacent eave line;
d. Front Porch. If proposed, porches shall have a minimum depth of six feet and a
minimum width equal to 25 percent of the linear width of the front elevation;
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Ordinance 2359 May 21, 2024
e. Second Story Setback. The interior side and rear elevations of the second story
of a two-story primary dwelling unit shall have a minimum setback of nine feet;
f. Garages. Street -facing attached garages shall not exceed 50 percent of the
linear width of the front -yard or street -side yard elevation;
g. Plate Height. The plate height of each story shall be limited to a maximum of
10 feet as measured from finished floor, and when above the first floor the
plate height shall be limited to a maximum of eight feet; and
h. Windows. All second story windows less than 10 feet from rear and interior
side property lines shall be clerestory with the bottom of the glass at least six
feet above the finished floor except as necessary for egress purposes as
required by the Building Code.
I. Prohibited Materials. The following exterior materials are prohibited on all
building exteriors:
1. Vinyl siding; and
2. Plywood.
j. Mechanical Equipment. Heating, ventilation, and air conditioning (HVAC) units,
generators, energy storage systems (ESS), and other similar ground -mounted
mechanical equipment shall be screened from view from any adjacent street if
not already located out of view behind a building or solid fence.
(3) General Requirements and Restrictions. The following requirements and restrictions
apply to all two -unit housing developments, inclusive of existing and new primary
dwelling units, except as provided by subsection (4) below, "Exceptions:"
a. Number of Units. A maximum of four units, with a maximum of two primary
dwelling units, on lots that have not undergone an urban lot split.
b. Accessory Dwelling Units. In addition to the two residential units allowed under
this section, consistent with Chapter 29, Article 1, Division 7, "Accessory
Dwelling Units," of the Town Code, one accessory dwelling unit and one junior
accessory dwelling unit shall be allowed on lots that have not undergone an
urban lot split.
C. Building and Fire Codes. The International Building Code ("Building Code"), and
the California Fire Code and International Fire Code (together, "Fire Code"), as
adopted by Chapter 6 of the Town Code, respectively, apply to all two -unit
housing developments.
d. Encroachment Permits. Separate encroachment permits, issued by the Parks
and Public Works Department, shall be required for the installation of utilities
to serve two -unit housing developments. Applicants shall apply for and pay all
necessary fees for utility permits for sanitary sewer, gas, water, electric, and all
other utility work.
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Ordinance 7359 May 21, 2024
e. Restrictions on Demolition. The two -unit housing development shall not
require either demolition of more than 25 percent of the exterior walls or
alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income. This shall be evidenced by an attestation from
the property owner;
2. Housing that is subject to any form of rent or price control through a
public entity's valid exercise of its police power. This shall be evidenced
by an attestation from the property owner; or
3. Housing that has been occupied by a tenant in the last three years. This
shall be evidenced by an attestation from the property owner.
If any existing housing is proposed to be altered or demolished, the owner of
the property proposed for a two -unit housing development shall sign an
affidavit, stating that none of the conditions listed above exist and shall
provide a comprehensive history of the occupancy of the units to be altered or
demolished for the past three years on a form prescribed by the Town.
If any existing dwelling unit is proposed to be demolished, the applicant shall
comply with the replacement housing provisions of Government Code Section
66300(d).
f. Recorded Covenant. Prior to building permit issuance, the applicant shall
record a restrictive covenant in the form prescribed by the Town, which shall
run with the land and provide for the following:
1. A limitation restricting the property to residential uses only; and
2. A requirement that any dwelling units on the property may only be
rented for a period longer than thirty (30) days.
(4) Exceptions. If any of the provided zoning standards or design review standards
would have the effect of physically precluding construction of up to two (2) primary
dwelling units or physically preclude either of the two (2) primary dwelling units
from being at least eight hundred (800) square feet in floor area, the Community
Development Director shall grant an exception to the applicable standard(s) to the
minimum extent necessary as specified by this section. An exception request shall be
explicitly made on the application for a two -unit housing development.
a. Determination. In order to retain adequate open space to allow for
recreational enjoyment, protection of the urban forest, preservation of the
community character, reduction of the ambient air temperature, and to allow
for the percolation of rainfall into the groundwater system, when considering
an exception request, the Community Development Director shall first
determine that a reduction in any other zoning and/or design review
standard(s) will not allow the construction of the two -unit housing
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Ordinance 2359 May 21, 2024
development as specified by this section prior to allowing an exception(s) to
the landscaping requirement, front -yard setback, or street -side setbacks
standards.
SECTION V. Section 29.10.640, "Application Process for Two -Unit Housing Development," of
Division 10., "Two -Unit Housing Development and Urban Lot Splits," of Chapter 29, "Zoning
Regulations," is amended to read as follows:
Applications for two -unit housing developments shall be submitted and processed in
compliance with the following requirements:
(1) Application Type. Two -unit housing developments shall be reviewed ministerially by
the Community Development Director for compliance with the applicable
regulations. The permitting provisions of Town Code Sections 29.20.135 through
29.20.160, "Architecture and Site Approval," shall not be applied;
(2) Application Filing. An application for a two -unit housing development, including the
required application materials and fees, shall be filed with the Community
Development Department;
(3) Neighbor Notification. In addition to the standard application materials, the
applicant will be required to submit one (1) set of stamped, addressed envelopes to
neighboring residents and property owners. The Planning Department will assist the
applicant in determining the neighboring properties to be notified (which will consist
of all properties abutting the applicant's parcel, properties directly across the street
and the two (2) parcels on each side of the properties directly across the street).
(4) Building Permits. Approval of a two -unit housing development application shall be
required prior to acceptance of an application for building permit(s) for the new
and/or modified primary dwelling unit(s) comprising the two -unit housing
development;
(5) Denial. The Community Development Director may deny a two -unit housing
development project only if the Building Official makes a written finding, based upon
a preponderance of the evidence, that the two -unit housing development would
have a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Government Code Section 65589.5, upon public health and safety
or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact; and
(6) Appeals. Two -unit housing application decisions are ministerial and are not subject
to an appeal.
SECTION VI. Section 29.10.650, "Subdivision Standards," of Division 10., "Two -Unit Housing
Development and Urban Lot Splits," of Chapter 29, "Zoning Regulations," is amended to read as
follows:
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Urban lot splits shall comply with the following objective subdivision standards, and general
requirements and restrictions:
(1) Subdivision Standards. The following objective subdivision standards supersede any
other standards to the contrary that may be provided in the Zoning Code or
Subdivision Code, as they pertain to creation of an urban lot split under Government
Code Section 66411.7:
a. Flag/Corridor Lots. The access corridor of a flag/corridor lot (Town Code
Section 29.10.085) shall be either in fee as part of the parcel or as an
easement, and shall be a minimum width of 12 feet;
b. Minimum Lot Size. Each new parcel shall be approximately equal in lot area
provided that one (1) parcel shall not be smaller than forty (40) percent of the
lot area of the original parcel proposed for subdivision. In no event shall a new
parcel be less than 1,200 square feet in lot area. If one (1) of the proposed lots
is a flag/corridor lot, the area of the access corridor shall count toward the lot
area as follows:
1. When an easement is used to provide access, the access corridor is
included in the gross lot size for the lot granting the easement; and
2. When the access corridor is owned in -fee and is part of the rear lot, the
access corridor is included in the gross lot size for the rear lot.
C. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of
twenty (20) feet;
d. Minimum Public Frontage. Each new parcel shall have frontage upon a street
with a minimum frontage dimension of twenty (20) feet, except as allowed
above for flag/corridor lots;
e. Number of Lots. The parcel map to subdivide an existing parcel shall result in
no more than two (2) parcels; and
f. Lot Merger. Lots resulting from an urban lot split shall not be merged unless
that lot merger can be done without loss of housing units and without causing
a non -conforming building, lot, or use.
(2) General Requirements and Restrictions. The following requirements and restrictions
apply to all proposed urban lot splits:
a. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any
person acting in concert with the owner has previously conducted an urban lot
split to create an adjacent parcel as provided for in this Division;
b. Dedication and Easements. The Town Engineer shall not require dedications of
rights -of -way nor the construction of offsite improvements but may, however,
require recording of easements necessary for the provision of private services,
facilities, and future public improvements or future public services, facilities,
and future public improvements;
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C. Existing Structures. Existing structures located on a parcel subject to an urban
lot split shall not be subject to a setback requirement. However, any such
existing structures shall not be located across the shared property line
resulting from an urban lot split, unless the structure is converted to an
attached unit as provided for in Table 1-2 (Setback Requirements, Exception
Number 3). All other existing structures shall be modified, demolished, or
relocated prior to recordation of a parcel map;
d. Intent to Occupy. The applicant shall submit a signed affidavit to the
Community Development Director attesting that the applicant intends to
occupy one (1) of the housing units on the newly created parcels as their
principal residence for a minimum of three (3) years from either:
1. The date of the approval of the urban lot split when the intent is to live in
an existing residence; or
2. Certificate of occupancy when the intent is to occupy a newly
constructed residential unit.
This requirement shall not apply to an applicant that is a "community land
trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a
"qualified nonprofit corporation" as described in Section 214.15 of the
Revenue and Taxation Code;
e. Non -Conforming Conditions. The Town shall not require, as a condition of
approval, the correction of nonconforming zoning conditions. However, no
new nonconforming conditions may result from the urban lot split other than
setbacks as specified by Table 1-2 (Setback Requirements, Exception Number
2), maximum allowed lot coverage, and maximum allowed floor area ratio;
f. Number of Units. No more than two (2) dwelling units may be located on any
lot created through an urban lot split, including primary dwelling units,
accessory dwelling units, junior accessory dwelling units, density bonus units,
and units created as two -unit developments. Any excess dwelling units that do
not meet these requirements shall be relocated, demolished, or otherwise
removed prior to approval of a parcel map;
g. Prior Subdivision. A parcel created through a prior urban lot split may not be
further subdivided. The subdivider shall submit a signed deed restriction to the
Community Development Director documenting this restriction. The deed
restriction shall be recorded on the title of each parcel concurrent with
recordation of the parcel map;
h. Restrictions on Demolition. The proposed urban lot split shall not require either
the demolition of more than twenty-five (25) percent of the exterior walls or
alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
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low, or very low income. This shall be evidenced by an attestation from
the property owner;
Housing that is subject to any form of rent or price control through a
public entity's valid exercise of its police power. This shall be evidenced
by an attestation from the property owner; or
3. Housing that has been occupied by a tenant in the last three (3) years.
This shall be evidenced by an attestation from the property owner;
If any existing housing is proposed to be altered or demolished, the owner of
the property proposed for an urban lot split shall sign an affidavit, stating that
none of the conditions listed above exist and shall provide a comprehensive
history of the occupancy of the units to be altered or demolished for the past
three (3) years on a form prescribed by the Town. The owner and applicant
shall also sign an affidavit stating that neither the owner nor applicant, nor any
person acting in concert with the owner or applicant, has previously
subdivided an adjacent parcel using and urban lot split;
Replacement Units. If any existing dwelling unit is proposed to be demolished,
the applicant will comply with the replacement housing provisions of
Government Code Section 66300(d);
j. Recorded Covenant. Prior to approval and recordation of the parcel map, the
applicant shall record a restrictive covenant and agreement in the form
prescribed by the Town, which shall run with the land and provide for the
following:
1. A prohibition against further subdivision of the parcel using the urban lot
split procedures as provided for in this section;
2. A limitation restricting the properties to residential uses only; and
3. A requirement that any dwelling units on the property may only be
rented for a period longer than thirty (30) days.
k. Stormwater Management. The subdivision shall comply with the requirements
of the Town's National Pollution Discharge Elimination System Permit as
implemented by Chapter 22 of the Town Code, and as demonstrated by a
grading and drainage plan prepared by a registered civil engineer;
I. Utility Providers. The requirements of the parcel's utility providers shall be
satisfied prior to recordation of a parcel map; and
m. Compliance with Subdivision Map Act. The urban lot split shall conform to all
applicable objective requirements of the Subdivision Map Act (commencing
with Government Code Section 66410), except as otherwise expressly provided
in Government Code Section 66411.7.
SECTION VII. Section 29.10.660, "Application Process for Urban Lot Splits," of Division 10.,
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"Two -Unit Housing Development and Urban Lot Splits," of Chapter 29, "Zoning Regulations," is
amended to read as follows:
Applications for urban lot splits shall be submitted and processed in compliance with the
following requirements:
(1) Application Type. Urban lot splits shall be reviewed ministerially by the Community
Development Director for compliance with the applicable regulations. A tentative
parcel map shall not be required;
(2) Application Filing. An urban lot split application, including the required application
materials and fees, shall be filed with the Community Development Department;
(3) Neighbor Notification. In addition to the standard application materials, the
applicant will be required to submit one (1) set of stamped, addressed envelopes to
neighboring residents and property owners. The Planning Department will assist the
applicant in determining the neighboring properties to be notified (which will consist
of all properties abutting the applicant's parcel, properties directly across the street
and the two (2) parcels on each side of the properties directly across the street).
(4) Parcel Map. Approval of an urban lot split permit shall be required prior to
acceptance of an application for a parcel map for an urban lot split. Applicants shall
apply for an Urban Lot Split Parcel Map and pay all fees;
(5) Development. Development on the resulting parcels is limited to a project approved
by the two -unit housing development process, the Town's Accessory Dwelling Unit
process, or through the Town's standard discretionary process;
(6) Denial. The Community Development Director may deny an urban lot split only if the
Building Official makes a written finding, based upon a preponderance of the
evidence, that an urban lot split or two -unit housing development located on the
proposed new parcels would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public
health and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact; and
(7) Appeals. Urban lot split application decisions are ministerial and are not subject to
an appeal.
SECTION VIII. 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.
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SECTION IX. CEQA.
Adopting this Ordinance 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). Additionally,
in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9
Ordinances are not a project subject to the California Environmental Quality Act.
SECTION X. Consistency with General Plan.
The amendments to the Town Code are consistent with the General Plan as SB 9 is a state
law; and
SECTION XI. Publication.
In accordance with Section 63937 of the Government Code of the State of California,
this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby
directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted
in accordance with Section 36933 pf the Government Code of the State of California.
SECTION XII. 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 May 2024, and adopted by the Town Council of the Town of Los
Gatos at its regular meeting on the 21s` day of May 2024, by the following vote:
COUNCIL MEMBERS:
Maria Ristow, Rob Rennie, Rob Moore, Matthew Hudes, Mayor Mary Badame
AYES:
NAYS:
ABSENT:
ABSTAIN
None
None
None
SIGNED:
ATOS
MO OR THE TOWN OF LOS G
LATOS, CALIFORNIA
DATE:
ATTEST:
•
TOWN CLERK THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
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