Item 2 - Staff Report with Exhibits 1 through 4.SB 9 - 2024
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 04/10/2024
ITEM NO: 2
DATE: April 5, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter
29 (Zoning Regulations) of the Town Code for Senate Bill 9 Regarding a
Change to Required Second-Story Step-Backs and Other Clarifying Revisions.
The Proposed Amendments to the Town Code Are Not Considered a Project
Under Section 15378 of the California Environmental Quality Act, and 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. Town Code Amendment Application A-24-003.
Project Location: Town Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning
Regulations) of the Town Code for Senate Bill 9 regarding a change to required second-story
step-backs and other clarifying revisions.
CEQA:
In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378,
these proposed ordinance amendments are not a “project” subject to CEQA because the
proposed amendments affect processing of applications only and will not impact the physical
environment. Additionally, in accordance with Government Code Section 66411.7(n) and
66452.21(g), Senate Bill 9 ordinances are not a project subject to CEQA.
PAGE 2 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
FINDINGS:
▪ In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments
are not a “project” subject to CEQA because the proposed amendments affect processing of
applications only and will not impact the physical environment. Additionally, in accordance
with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 ordinances are
not a project subject to CEQA; and
▪ The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
In September 2021, Governor Newsom signed new State law, Senate Bill 9 (SB 9), which went
into effect on January 1, 2022. SB 9 requires ministerial approval of certain housing
development projects and lot splits on a single-family zoned parcel, with the intent to increase
residential densities within single-family neighborhoods across the State.
The law allows for two new types of development activities that must be reviewed ministerially
without any discretionary action or public input:
• Two-unit housing development – Two homes on an eligible single-family residential
parcel (whether the proposal adds up to two new housing units or adds one new unit on
a parcel with an existing single-family residence).
• Urban lot split – A one-time subdivision of an existing single-family residential parcel
into two parcels. This would allow up to four units (two units on each new parcel).
On December 21, 2021, Town Council adopted an Urgency Ordinance to implement local
objective standards for SB 9 applications. On November 15, 2022, Town Council approved
Ordinance 2334, which established the permanent SB 9 Ordinance within Chapter 29 (Zoning
Regulations) of the Town Code (Exhibit 2). No modifications have occurred since the adoption
of the permanent Ordinance at the end of 2022.
At the February 13, 2024 Strategic Priorities meeting, Town Council provided guidance to Town
staff on workload prioritization for the next three years. A local architect presented at this
meeting, requesting that the SB 9 Ordinance be amended to allow flexibility with the second-
story step-back rule (Exhibit 3). Town Council voted to include this request within the Strategic
Priorities and listed the change as the first priority for ordinance amendments.
PAGE 3 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
DISCUSSION:
The draft amendments in Exhibit 4 includes a track-changes version (with removed text shown
in strike-through text and new text shown underlined) of the current SB 9 Ordinance, including
the requested SB 9 second-story step-back modification, as well a number of clean-up
amendments that staff has identified since the permanent Ordinance was adopted at the end
of 2022.
A. Second-Story Step-Back Modification
The current SB 9 Ordinance [Town Code Section 29.10.630(2)(e)] requires the following for
second-story step-backs:
(e) Step-back. The interior side and rear elevations of the second story of a two-story
primary dwelling unit shall be recessed by five feet from the first story, as measured wall
to wall;
The five-foot step-back rule was included in the SB 9 Ordinance in an attempt to limit
potential second-story privacy impacts associated with an SB 9 development project since
SB 9 units can be placed as close as four feet from a side or rear property line. Additionally,
the five-foot step-back decreases the mass of a two-story SB 9 in accordance with the
Residential Design Guidelines since only objective standards can be used to review SB 9
applications.
At the February 13, 2024 Strategic Priorities meeting, a local architect spoke on a possible
modification to the SB 9 Ordinance regarding the required five-foot second-story step-back
requirement for two-unit developments (Exhibit 3). Specifically, the recommendation was
to allow the five-foot step-back to be measured from a covered porch projection on the first
floor, and not just the wall of the first floor below. As highlighted in Exhibit 3, measuring to
the post of a covered porch below would meet the intent of the step-back rule. Staff’s
recommended amendment is shown below and is also included in Exhibit 4.
(e) Step-back. The interior side and rear elevations of the second story of a two-story
primary dwelling unit shall be recessed by five feet from the first story, as measured wall
to wall. In the case of a covered porch on the first floor below, the step-back is
measured from the structural post of the covered porch to the wall above;
B. Ordinance Clean-Ups
The following is a summary of all other draft amendments to the SB 9 Ordinance, either for
consistency with State law or items identified by staff as needing clarification. The following
items are listed in the order that they appear in Exhibit 4:
PAGE 4 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
DISCUSSION (continued):
• Legal Parcel Eligibility [Section 29.10.620(2)]. This amendment is to provide
clarification on when an urban lot split and two-unit housing development
applications may be submitted. The current SB 9 Ordinance requires that
applications for either SB 9 application type, “only be accepted on proposed parcels
with either a recorded parcel map or certificate of compliance.” This created a
situation where if an owner wanted to do both an urban lot split and a two-unit
housing development on the resulting parcels, they must wait until the urban lot
split is approved, the corresponding Parcel Map Application is approved, and the
parcels are recorded with the County prior to acceptance of a two-unit housing
development application. Staff’s proposed edits in Exhibit 4 would allow both
applications to be submitted simultaneously, but that the construction and building
permits would not be issued until the parcel map is recorded with the County.
• Historic Property Exclusion [Section 29.10.620(3)]. For consistency with State law, a
line is being added to also include properties within the State Historic Resources
Inventory.
• Very High Fire Hazard Severity Zone Exclusion [Section 29.10.620(4)]. For
consistency with State law, the language was updated to reflect updates to the
Government Code Sections. This would not result in changes to the way the current
SB 9 Ordinance is implemented.
• New Exclusion Area – Conservation Easements [Section 29.10.620(10)]. A new
exclusion area to prohibit SB 9 applications on parcels with a conservation easement
is being added for consistency with State law.
• New Driveways [Section 29.10.630(1)(b)]. Clarification to the two-unit
development driveway standards was added to specify that the rule only applies to
new driveways.
• Floor Area Increase [Section 29.10.630(1)(e)]. Clarification to the ten percent floor
area ratio increase was added to specify that the ten percent increase only applies
to properties where the existing floor area on site is at or below the maximum
allowed.
• Building Site Slopes [Section 29.10.630(1)(h)]. The word “average” is proposed to
be removed from this section so that the original intent is met. The goal of this
section was to ensure that new units are not constructed on lands exceeding 30
percent slope, consistent with the provisions of the Hillside Development Standards
and Guidelines. The section currently refers to, “lands with an average slope
exceeding 30 percent”, which implies that a home can be sited on lands with a slope
much higher than 30 percent as long as the average of this area and the rest of the
building site equals 30 percent slope or below. This is not consistent with the
Hillside Development Standards and Guidelines.
PAGE 5 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
DISCUSSION (continued):
• Garage Setbacks [Section 29.10.630(1)(p)]. Clarification to the setback section was
added to specify that only garages attached to the SB 9 primary unit can use the
reduced SB 9 setbacks, and that detached garages are subject to the standard Town
Code setbacks for accessory buildings.
• Interior Side Setback for Attached Units [Table 1-2, Exception (3)]. Clarification to
the setback table was added to specify that the allowance in Exception 3 for, “no
interior side setbacks for two-unit housing development units constructed as
attached units on separate lots,” is only applicable to parcels created through an
urban lot split which are still under the same ownership, and not for neighboring
properties under different ownership. Additionally, a new clause was added for flag-
lots in this scenario; where similarly to the internal side setback on side-by-side lots,
no rear setback (for the front property in a flag lot configuration) and no front
setback (for the rear property in a flag lot configuration) are required for two-unit
housing development units constructed as attached units in a flag-lot configuration
where the parcels are still under the same ownership.
• Non-Conforming Conditions [Section 29.10.650(2)(e)]. Clarification was added to
this section to better reflect how the Town addresses non-conforming situations
created through an urban lot split and for consistency with item (c) of this
subsection regarding existing structures. Specifically, the Town allows an urban lot
split to create non-conforming setbacks, floor area ratio, and lot coverage as long as
the existing structure is not modified.
• Future Development [Section 29.10.660(a)(5)]. Reference to the Town’s Accessory
Dwelling Unit process was added to the types of ways an owner can develop parcels
resulting from an urban lot split.
• Additional Minor Edits. Additional minor grammatical and reference corrections
have been made in the following sections: 29.10.600; 29.10.610 (existing structure
definition); 29.10.630(1)(e)(5); 29.10.630(1)(i); 29.10.640(a)(3); and 29.10.660.
PUBLIC COMMENTS:
At time of publication of this report, no public comments have been received.
CEQA DETERMINATION:
In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are
not a “project” subject to CEQA because the proposed amendments affect processing of
applications only and will not impact the physical environment. Additionally, in accordance
with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project
subject to CEQA.
PAGE 6 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
CONCLUSION:
A. Summary
The draft amendments in Exhibit 4 proposes amendments to Chapter 29 (Zoning
Regulations) of the Town Code for Senate Bill 9 regarding an amended second-floor step-
back requirement, amendments to align the Town’s SB 9 regulations with State law, and
amendments to clarify existing standards as identified by staff over the past few years.
B. Recommendation
Staff recommends that the Planning Commission review the information included in the
staff report and forward a recommendation to the Town Council for approval of the
amendments to Chapter 29 of the Town Code in the draft amendments (Exhibit 4) by taking
the following actions:
1. Make the finding that in accordance with CEQA Guidelines Section 15378, these
proposed ordinance amendments are not a “project” subject to CEQA because the
proposed amendments affect processing of applications only and will not impact the
physical environment. Additionally, in accordance with Government Code Section
66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA;
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
draft amendments are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code in the draft amendments (Exhibit 4).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the draft amendments
with modifications; or
2. Forward a recommendation to the Town Council for no changes to the Town Code; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings
2. Current Senate Bill 9 Ordinance 2334
3. Covered Porch Step-Back Diagram
4. Draft Senate Bill 9 Ordinance Amendments
\\tlg-file\data\SHARE\PLANNING COMMISSION REPORTS\2024\04-10-2024\Item 2 - SB9 Update\Exhibit 1 - Required Findings.docx
PLANNING COMMISSION – April 10, 2024
REQUIRED FINDINGS
Senate Bill 9 Ordinance Amendments
Town Code Amendment Application A-24-003
Forward a Recommendation to the Town Council on Amendments to Chapter 29
(Zoning Regulations) of the Town Code for Senate Bill 9 Regarding a Change to
Required Second-Story Step-Backs and Other Clarifying Revisions. The Proposed
Amendments to the Town Code Are Not Considered a Project Under Section 15378 of
the California Environmental Quality Act, and 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. Town Code Amendment
Application A-24-003. Project Location: Town Wide. Applicant: Town of Los Gatos.
FINDINGS:
Required finding for CEQA:
In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments
are not a “project” subject to CEQA because the proposed amendments affect processing of
applications only and will not impact the physical environment. Additionally, in accordance
with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 ordinances are not
a project subject to CEQA.
Required consistency with the Town’s General Plan:
That the proposed amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding Senate Bill 9 are consistent with the General Plan.
EXHIBIT 1
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Intentionally
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-CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 10. TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
Los Gatos, California, Code of Ordinances Created: 2023-12-19 13:00:27 [EST]
(Supp. No. 93)
Page 1 of 12
DIVISION 10. TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
Sec. 29.10.600. Purpose and applicability.
The Town Council finds and determines that this Division is applicable only to voluntary applications for two-
unit housing developments and urban lot splits. Owners of real property or their representatives may continue to
exercise rights for 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 III (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.
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.610. Definitions.
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.
Entry feature means a structural element, which leads to an entry door.
Existing structure means a lawfully constructed building that received final building permit clearance prior to
January 1, 2022, and which has not been expanded on or after January 1, 2022.
EXHIBIT 2
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(Supp. No. 93)
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First residential unit means one of two primary dwelling units developed under a two-unit 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-1D 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 for separate 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.
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.620. Eligibility.
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 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 proposed parcels with either a recorded parcel map or certificate of compliance.
(3)Excluding Historic Property. A parcel that does not contain a Historic Structure, as defined 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 high or very high fire hazard severity zone as indicated on
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(Supp. No. 93)
Page 3 of 12
maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code
Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a
local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have
adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation
measures applicable to the development.
(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 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).
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.630. Requirements.
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:"
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(Supp. No. 93)
Page 4 of 12
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. Driveways. Each parcel shall include no more than a single driveway unless the parcel has more
than 100 feet of contiguous street frontage, and any new driveway shall satisfy the following
requirements:
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, 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.
5. Notwithstanding the floor area ratio standards in this subsection, a new two-unit housing
development with unit sizes of 800 square feet or less shall be permitted.
f. 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;
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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 an average slope 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 break, offset, or planting pocket. Retaining
walls shall have a five-foot landscaped buffer 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);
l. 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;
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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 shall be subject to the setback and building separation
requirements specified by Table 1-2 (Setback Requirements), below:
Table 1-2 - Setback Requirements
Setback Requirement(2)
Property Line Setbacks(1) Front Per the applicable zoning
district.(5)
Garage Entry 18 feet
Interior Sides 4 feet(3)
Rear
Street Side Per the applicable zoning
district.
Separation Between
Detached Structures(4)
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) 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.
(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.
q. 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
r. New units shall be designed as individual units, with separate gas, electric, and water utility
connections directly between each dwelling unit and the utility.
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(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;
e. Step-back. The interior side and rear elevations of the second story of a two-story primary
dwelling unit shall be recessed by five feet from the first story, as measured wall to wall;
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.
(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.
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:
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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 development as specified by this section prior to
allowing an exception(s) to the landscaping requirement, front-yard setback, or street-side
setbacks standards.
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.640. Application process for two-unit housing development.
(a) 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;
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(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 applicant's parcel).
(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.
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.650. Subdivision standards.
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
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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;
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 interior side and rear setbacks as specified by Table 1-2
(Setback Requirements, Exception Number 2);
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:
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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 (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;
i. 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.
j. 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;
k. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to
recordation of a parcel map; and
l. 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.
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.660. Application process for urban lot splits.
(a) 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;
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(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 applicant's parcel).
(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 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.
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.670. Sunset clause.
If SB 9 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of
California, this Division shall be repealed."
( Ord. No. 2334 , § 2, 11-15-22)
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DIVISION 10. TWO‐UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
Sec. 29.10.600. Purpose and applicability.
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 9 (SB 9). Owners of real property or
their representatives may continue to exercise rights for 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 III 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.
Sec. 29.10.610. Definitions.
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.
Entry feature means a structural element, which leads to an entry door.
Existing structure means a lawfully constructed building that has received final building permit clearance
prior to January 1, 2022, and which has not been expanded on or after January 1, 2022.
First residential unit means one of two primary dwelling units developed under a two‐unit 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.
EXHIBIT 4
Page | 2
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‐1D 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 for separate 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.
Sec. 29.10.620. Eligibility.
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 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 proposed parcels with either a recorded parcel map or certificate of compliance. When
both an urban lot split and two‐unit housing development applications 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. high or very high fire hazard severity zone as indicated on maps adopted by the
Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. 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
Page | 3
Code of Regulations). excluded from the specified hazard zones by a local agency, pursuant to
subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or State fire mitigation measures applicable to the
development.
(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 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.
Sec. 29.10.630. Requirements.
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;
Page | 4
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. A, and any
new driveway shall satisfy the following requirements:
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.
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.
f. 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;
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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 an average slopeslopes 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 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);
l. 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.
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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(1) Front Per the applicable zoning
district.(5)
Garage Entry 18 feet
Interior Sides 4 feet(3)
Rear
Street Side Per the applicable zoning
district.
Separation Between
Detached Structures(34) (4)
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,
Nno 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.
q. 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
r. 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:"
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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;
e. Step‐back. The interior side and rear elevations of the second story of a two‐story primary
dwelling unit shall be recessed by five feet from the first story, as measured wall to wall. In the
case of a covered porch on the first floor below, the step‐back is measured from the structural
post of the covered porch to the wall above;
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.
(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.
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;
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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 development as specified by this section prior to
allowing an exception(s) to the landscaping requirement, front‐yard setback, or street‐side
setbacks standards.
Sec. 29.10.640. Application process for two‐unit housing development.
(a) 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).
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(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.
Sec. 29.10.650. Subdivision standards.
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 interior side and rear 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, 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 (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
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acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using
and urban lot split;
i. 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.
j. 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;
k. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to
recordation of a parcel map; and
l. 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.
Sec. 29.10.660. Application process for urban lot splits.
(1a) Applications for urban lot splits shall be submitted and processed in compliance with the following
requirements:
a.(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;
b.(2) Application Filing. An urban lot split application, including the required application materials and fees,
shall be filed with the Community Development Department;
c.(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).
d.(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;
e.(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;
f.(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
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and safety or the physical environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact; and
g.(7) Appeals. Urban lot split application decisions are ministerial and are not subject to an appeal.
Sec. 29.10.670. Sunset clause.
If SB 9 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of
California, this Division shall be repealed.