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20 Staff Report.SB 9 Update with attachments PREPARED BY: Ryan Safty Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Department Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 5/07/2024 DATE: May 2, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions.” 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), SB 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: Introduce an Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding SB 9 for Modified Design Review Standards and Other Clarifying Revisions” (Attachment 1). BACKGROUND: In September 2021, Governor Newsom signed new State law, 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. PAGE 2 of 5 SUBJECT: SB 9 Ordinance Amendments/ A-24-003 DATE: May 2, 2024 BACKGROUND (continued): The law allows for two 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 (Attachment 3, 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 two 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 (Attachment 3, 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. Town Council voted to include this request within the Strategic Priorities and listed the change as the first priority for ordinance amendments. On April 10, 2024, the Planning Commission held a public hearing to consider the materials provided in the staff report (Attachment 3), and Desk Item (Attachment 4); received and considered public testimony on the Draft Ordinance (Attachment 3, Exhibit 4); reviewed the proposed changes; and recommended approval to Town Council with the recommendation to include a list of prohibited exterior building materials and screening requirements for ground- mounted mechanical equipment. The recommendations from the Planning Commission are reflected in the verbatim minutes (Attachment 5) and summarized below. DISCUSSION: The Draft Ordinance presented to the Planning Commission (Attachment 3, Exhibit 4) included amendments to Town Code, incorporating the requested second-story step-back rule as well as other clean-up amendments that staff has identified since Ordinance 2334 was adopted. On April 10, 2024, the Planning Commission conducted a public hearing, received public comment, and reviewed and discussed each of the proposed edits in Exhibit 4 of Attachment 3. Planning Commission recommended approval of each of the proposed amendments, and identified two PAGE 3 of 5 SUBJECT: SB 9 Ordinance Amendments/ A-24-003 DATE: May 2, 2024 DISCUSSION (continued): other formatting edits: first, to italicize the header of Section 29.10.630(1)(g); and second, to add a header to Section 29.10.630(1)(r). In addition, a Planning Commissioner requested consideration of additional objective design standards similar to those of the City of San Mateo Interim Objective Building and Design Standards provided in the Desk Item (Attachment 4). The Planning Commission went through each of San Mateo’s standards, and voted to recommend inclusion of exterior material prohibitions and ground-mounted mechanical equipment screening (Attachment 5), detailed below. A. Exterior Material Prohibitions: San Mateo’s SB 9 standards prohibit the following materials on building exteriors: exterior foam molding, corrugated metal, vinyl siding, plywood, exterior insulation finishing system (EIFS), and any material with a light reflection value of less than 45 (Attachment 4). The Planning Commission voted to include exterior foam molding, vinyl siding, plywood, and EIFS as prohibited materials in their recommendation. The corrugated metal was noted to be acceptable as it has been used in ways that look nice for residential buildings, and the Town already has a light reflectivity limit for SB 9 properties in the hillsides, consistent with the Town’s Hillside Development Guidelines and Standards. This draft recommended modification for exterior material prohibitions was added as Town Code Section 29.10.630(2)(i) – Design Review Standards (Attachments 1 and 2). B. Mechanical Equipment Screening: San Mateo’s SB 9 standards require that, “ground-mounted utilities, mechanical equipment, generators, and air conditioning (AC) units that directly serve the development shall be screened from view from adjacent properties and the public right-of-way by either an enclosure designed as part of the building and/or fencing” (Attachment 4). Planning Commission recommended inclusion of similar screening requirements (Attachment 5). Staff recommends modifying the language slightly to remain objective and uniformly enforceable. First, staff recommends removing mention of utilities as a property owner may not have the ability to modify a utility company’s requirements. Second, staff recommends requiring screening from “streets” instead of “adjacent properties and public right-of-way,” since it is challenging to verify and enforce screening from neighboring homes; and the Town defines “street” as, “any thoroughfare for the motor vehicle travel which affords the principal means of access to abutting property, including public and private rights-of-way and easements.” PAGE 4 of 5 SUBJECT: SB 9 Ordinance Amendments/ A-24-003 DATE: May 2, 2024 DISCUSSION (continued): Staff’s recommended language is as follows: “Heating, ventilation, and air conditioning (HVAC) units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence.” This draft modification for mechanical equipment screening was added as Town Code Section 29.10.630(2)(j) – Design Review Standards (Attachments 1 and 2). Staff has incorporated the additional recommended objective design standards into the Draft Ordinance included as Attachment 1. Attachment 2 includes a track-changes version (with removed text shown in strike-through and new text shown underlined) of the current SB 9 regulations in Ordinance 2334. PUBLIC OUTREACH: Staff conducted outreach through the following media and social media resources: • The Town’s website home page, What’s New; • The Town’s Facebook page; • The Town’s Twitter account; • The Town’s Instagram account; and • The Town’s NextDoor page. Public comment received at time of the publication of this report is included as Attachment 6. ENVIRONMENTAL ASSESSMENT: In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA. 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 5 of 5 SUBJECT: SB 9 Ordinance Amendments/ A-24-003 DATE: May 2, 2024 CONCLUSION: Staff recommends that the Town Council introduce the draft Ordinance by taking the following steps: 1. Make the finding that the environmental impacts of the proposed amendments to the Town Code are not considered a project under CEQA Section 15378, and in accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA (Attachment 1, Section X); 2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Attachment 1, Section XI); and 3. Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only, amending Chapter 29, “Zoning Regulations,” of the Town Code regarding Senate Bill 9 (SB 9) for modified design review standards and other clarifying revisions (Attachment 1). ALTERNATIVES: Alternatively, the Town Council may: 1. Introduce the Draft Ordinance with modifications; or 2. Continue this item to a date certain with specific direction to staff; or 3. Refer this item back to the Planning Commission with specific direction; or 4. Take no action, leaving the Town Code unchanged. Attachments: 1. Draft Ordinance for Adoption 2. Draft Ordinance Redline 3. April 10, 2024 Planning Commission Staff Report (with Exhibits 1-4) 4. April 10, 2024 Planning Commission Desk Item 5. April 10, 2024 Planning Commission Verbatim Minutes 6. Public Comment Received Prior to 11:00 a.m., Thursday, May 2, 2024 This Page Intentionally Left Blank 1 of 19 Ordinance May 7, 2024 DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE REGARDING SENATE BILL 9 (SB 9) FOR MODIFIED DESIGN REVIEW STANDARDS AND OTHER CLARIFYING REVISIONS TOWN CODE AMENDMENT APPLICATION A-24-003 PROPERTY LOCATION: TOWN WIDE APPLICANT: TOWN OF LOS GATOS WHEREAS, the Town of Los Gatos (Town) has adopted a General Plan to ensure a well-planned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the Town's Zoning Code conform with the General Plan's goals and policies; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (SB 9), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate two-unit housing developments and urban lot splits; and WHEREAS, SB 9 requires the Town to provide for the ministerial (or “by right”) approval of a housing development containing no more than two residential units of at least 800 square feet in floor area (two-unit housing development) and a parcel map dividing one existing lot into two approximately equal parts (urban lot split) within a single-family residential zone for residential use; and WHEREAS, SB 9 eliminates discretionary review and public oversight of proposed housing developments containing no more than two residential units by removing public notice and hearings by the Development Review Committee or Planning Commission, by authorizing only administrative review of the project, and by requiring ministerial approval of a two-unit housing development that meets objective standards; and WHEREAS, SB 9 eliminates discretionary review and public oversight of the proposed subdivision of one lot into two parcels by removing public notice and hearings by the Development Review Committee or Planning Commission, by requiring only administrative review of the project, and by providing ministerial approval of an urban lot split, and also authorizes local agencies to adopt an ordinance allowing for up to a 24- month additional map extension, for the use of an approved or conditionally approved Tentative Parcel Map; and Draft Ordinance: subject to modification by Town Council based on deliberations and direction ATTACHMENT 1 2 of 19 Ordinance May 7, 2024 WHEREAS, SB 9 exempts SB 9 projects from environmental review as required by the California Environmental Quality Act (CEQA), by establishing a ministerial review process without discretionary review or a public hearing; and WHEREAS, SB 9 allows the Town to adopt objective zoning and subdivision standards for two-unit housing developments and urban lot splits; and WHEREAS, the Town desires to amend its local regulatory scheme to comply with and implement Government Code Sections 65852.21 and 66411.7 and to appropriately regulate projects under SB 9; and WHEREAS, on November 15, 2022, Town Council adopted Ordinance 2334 to regulate SB 9 projects within the Town; and WHEREAS, at the February 13, 2024, Strategic Priorities meeting, Town Council voted to include a request for a modification to the second-story step-back requirement for SB 9 units (Section 29.10.630.(2)(e) of Ordinance 2334) within the Town’s upcoming Strategic Priorities for ordinance amendments; and WHEREAS, the Planning Commission at its meeting on April 10, 2024, reviewed the proposed amendments to the Town Code regarding SB 9 second-story step-back requirements and other clarifying revisions as recommended by staff, held a public hearing, and forwarded a recommendation of approval to the Town Council with recommended modifications related to prohibited exterior materials and screening requirements for ground-mounted mechanical equipment; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on May 7, 2024; and WHEREAS, on May 7, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed amendments to the Town Code regarding SB 9, held a public hearing, and voted to introduce the Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows: SECTION I. Section 29.10.600, “Purpose and Applicability,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: 3 of 19 Ordinance May 7, 2024 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 29.10.610 (Definitions) shall not be subject to this Ordinance. Any provision of this Division which is inconsistent with SB 9 shall be interpreted in a manner which is the most limiting on the ability to create a two-unit housing development or urban lot split, but which is consistent with State law. The provisions of this Division shall supersede and take precedence over any inconsistent provision of the Town Code to the extent necessary to effect the provisions of this Division. SECTION II. Section 29.10.610, “Definitions,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this Division. Where a conflict may exist, the definitions in this Division shall apply. Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest. Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area. Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant. Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure. Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. Common ownership or control means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property. Entry feature means a structural element, which leads to an entry door. 4 of 19 Ordinance May 7, 2024 Existing structure means a lawfully constructed building that has received final building permit clearance. First residential unit means one of two primary dwelling units developed under a two-unit 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. 5 of 19 Ordinance May 7, 2024 SECTION III. Section 29.10.620, “Eligibility,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: An urban lot split or a two-unit housing development may only be created on parcels satisfying all of the following general requirements: (1) Zoning District. A parcel that is located within a single-family residential zone. (2) Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Town's Subdivision Regulations in effect at the time the parcel was created. Applications for an urban lot split or two-unit housing development will only be accepted on parcels with either a recorded parcel map or certificate of compliance. When both an urban lot split and two-unit housing development 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. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; and (iii) Section 7A of the California Building Code (Title 24 of the California Code of Regulations). (5) Excluding Hazardous Waste Sites. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use. (6) Excluding Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the two-unit housing development complies 6 of 19 Ordinance May 7, 2024 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. SECTION IV. Section 29.10.630, “Requirements,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions: (1) Zoning Standards. The following objective zoning standards supersede any other standards to the contrary that may be provided elsewhere in the Zoning Code, as they pertain to a two-unit housing development under Government Code Section 65852.21. Two-unit housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by subsection (4), "Exceptions:" 7 of 19 Ordinance May 7, 2024 a. Building Height. Maximum building height shall be as specified by the applicable zoning district for the main structure. Buildings located within the required side or rear setbacks of the applicable zoning district, and those located in the Hillside Residential (HR) zones, shall not exceed 16 feet in height; b. New Driveways. Each parcel shall include no more than a single driveway unless the parcel has more than 100 feet of contiguous street frontage or more than one existing driveway. Any new driveway shall satisfy the following requirements: 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. 8 of 19 Ordinance May 7, 2024 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; 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: 9 of 19 Ordinance May 7, 2024 Table 1-1 - Cut and Fill Requirements Site Element Cut * Fill * House and attached garage 8' ** 3' Detached accessory building * 4' 3' Driveways *** 4' 3' Other (decks, yards) * 4' 3' * Combined depths of cut plus fill for development other than the main residence shall be limited to 6 feet. ** Excludes below grade square footage pursuant to Section 29.40.072 of the Town Code and light-wells that do not exceed the minimum required per Building Code. *** Excludes cut and fill for the minimum driveway and fire access standards as required by the Santa Clara County Fire Department. h. Building Sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located on lands with slopes exceeding 30 percent. This provision applies only to the building site, not the property as a whole; i. Retaining Walls. Retaining walls shall not exceed five feet in height and shall not run in a straight continuous direction for more than 50 feet without a 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; 10 of 19 Ordinance May 7, 2024 o. Parking. 1. One parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one or more car-share vehicles within one block of the parcel. 2. Parking stalls may either be uncovered or covered (garage or carport) in compliance with applicable developments standards of the Zoning Code, including Chapter 29, Article I, Division 4, "Parking," except that uncovered parking spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. p. Setbacks. Two-unit housing developments and attached garages shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below. Detached garages and detached accessory structures shall meet the setback requirements specified in Town Code Section 29.40.015 (Accessory Buildings). Table 1-2 - Setback Requirements Setback Requirement(2) Property Line Setbacks(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(3)(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, no interior side setback shall be required for two-unit housing development units constructed as attached units on separate lots, provided that the structures meet building code safety standards and are sufficient to allow separate conveyance as a separate fee parcel. Similarly, no rear setback (for the front property) or front setback (for the rear property) shall be required for two-unit housing development units constructed as attached units in a flag-lot configuration where the parcels are under the same ownership. (4) Except for primary dwellings constructed as a duplex or attached single-family residences. (5) Flag/corridor lots shall use the interior side setback requirements for all property lines other than the rear. 11 of 19 Ordinance May 7, 2024 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. Utilities. New units shall be designed as individual units, with separate gas, electric, and water utility connections directly between each dwelling unit and the utility. (2) Design Review Standards. The following objective design review standards apply to construction of new primary dwelling units and to any addition and/or alteration to existing primary dwelling units as part of a two-unit housing development, except as provided by subsection (4) below, "Exceptions:" a. Balconies/Decks. Rooftop and second floor terraces and decks are prohibited. Balconies shall only be permitted on the front- and street-side elevations of a primary dwelling unit fronting a public street. Such balconies shall be without any projections beyond the building footprint; b. Finished Floor. The finished floor of the first story shall not exceed three feet in height as measured from finished grade; c. Front Entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line; d. Front Porch. If proposed, porches shall have a minimum depth of six feet and a minimum width equal to 25 percent of the linear width of the front elevation; 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. i. Prohibited Materials. The following exterior materials are prohibited on all building exteriors: 1. Exterior foam molding; 2. Vinyl siding; 12 of 19 Ordinance May 7, 2024 3. Plywood; and 4. Exterior Insulation Finishing System (EIFS). j. Mechanical Equipment. HVAC units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence. (3) General Requirements and Restrictions. The following requirements and restrictions apply to all two-unit housing developments, inclusive of existing and new primary dwelling units, except as provided by subsection (4) below, "Exceptions:" a. Number of Units. A maximum of four units, with a maximum of two primary dwelling units, on lots that have not undergone an urban lot split. b. Accessory Dwelling Units. In addition to the two residential units allowed under this section, consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code, one accessory dwelling unit and one junior accessory dwelling unit shall be allowed on lots that have not undergone an urban lot split. c. Building and Fire Codes. The International Building Code ("Building Code"), and the California Fire Code and International Fire Code (together, "Fire Code"), as adopted by Chapter 6 of the Town Code, respectively, apply to all two-unit housing developments. d. Encroachment Permits. Separate encroachment permits, issued by the Parks and Public Works Department, shall be required for the installation of utilities to serve two-unit housing developments. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work. e. Restrictions on Demolition. The two-unit housing development shall not require either demolition of more than 25 percent of the exterior walls or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. This shall be evidenced by an attestation from the property owner; 2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or 3. Housing that has been occupied by a tenant in the last three years. This shall be evidenced by an attestation from the property owner. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit housing development shall sign an affidavit, stating that none of the conditions listed above exist and shall 13 of 19 Ordinance May 7, 2024 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. SECTION V. Section 29.10.640, “Application Process for Two-Unit Housing Development,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements: (1) Application Type. Two-unit housing developments shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. The permitting provisions of Town Code Sections 29.20.135 through 29.20.160, "Architecture and Site Approval," shall not be applied; 14 of 19 Ordinance May 7, 2024 (2) Application Filing. An application for a two-unit housing development, including the required application materials and fees, shall be filed with the Community Development Department; (3) Neighbor Notification. In addition to the standard application materials, the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (which will consist of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street). (4) Building Permits. Approval of a two-unit housing development application shall be required prior to acceptance of an application for building permit(s) for the new and/or modified primary dwelling unit(s) comprising the two-unit housing development; (5) Denial. The Community Development Director may deny a two-unit housing development project only if the Building Official makes a written finding, based upon a preponderance of the evidence, that the two-unit housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and (6) Appeals. Two-unit housing application decisions are ministerial and are not subject to an appeal. SECTION VI. Section 29.10.650, “Subdivision Standards,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: 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: 15 of 19 Ordinance May 7, 2024 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; 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. 16 of 19 Ordinance May 7, 2024 This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code; e. Non-Conforming Conditions. The Town shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than setbacks as specified by Table 1-2 (Setback Requirements, Exception Number 2), maximum allowed lot coverage, and maximum allowed floor area ratio; f. Number of Units. No more than two (2) dwelling units may be located on any lot created through an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as two-unit developments. Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map; g. Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided. The subdivider shall submit a signed deed restriction to the Community Development Director documenting this restriction. The deed restriction shall be recorded on the title of each parcel concurrent with recordation of the parcel map; h. Restrictions on Demolition. The proposed urban lot split shall not require either the demolition of more than twenty-five (25) percent of the exterior walls or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, 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; 17 of 19 Ordinance May 7, 2024 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. k. Stormwater Management. The subdivision shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer; l. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map; and m. Compliance with Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7. SECTION VII. Section 29.10.660, “Application Process for Urban Lot Splits,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: Applications for urban lot splits shall be submitted and processed in compliance with the following requirements: (1) Application Type. Urban lot splits shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. A tentative parcel map shall not be required; (2) Application Filing. An urban lot split application, including the required application materials and fees, shall be filed with the Community Development Department; (3) Neighbor Notification. In addition to the standard application materials, the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (which will consist of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street). 18 of 19 Ordinance May 7, 2024 (4) Parcel Map. Approval of an urban lot split permit shall be required prior to acceptance of an application for a parcel map for an urban lot split. Applicants shall apply for an Urban Lot Split Parcel Map and pay all fees; (5) Development. Development on the resulting parcels is limited to a project approved by the two-unit housing development process, the Town’s Accessory Dwelling Unit process, or through the Town's standard discretionary process; (6) Denial. The Community Development Director may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that an urban lot split or two-unit housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and (7) Appeals. Urban lot split application decisions are ministerial and are not subject to an appeal. SECTION VIII. Section 29.10.670, “Sunset Clause,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: 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. SECTION IX. Severability. In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid. SECTION X. CEQA. Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378). Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 Ordinances are not a project subject to the California Environmental Quality Act. 19 of 19 Ordinance May 7, 2024 SECTION XI. Consistency with General Plan. The amendments to the Town Code are consistent with the General Plan as SB 9 is a state law; and SECTION XII. Publication. In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California. SECTION XIII. Effective Date. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7th day of Ma7 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of _____ 2024, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ This Page Intentionally Left Blank 1 of 20 Ordinance May 7, 2024 DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE REGARDING SENATE BILL (SB) 9 FOR MODIFIED DESIGN REVIEW STANDARDS AND OTHER CLARIFYING REVISIONS TOWN CODE AMENDMENT APPLICATION A-24-003 PROPERTY LOCATION: TOWN WIDE APPLICANT: TOWN OF LOS GATOS WHEREAS, the Town of Los Gatos (Town) has adopted a General Plan to ensure a well-planned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the Town's Zoning Code conform with the General Plan's goals and policies; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill (SB) 9, which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate two-unit housing developments and urban lot splits; and WHEREAS, SB 9 requires the Town to provide for the ministerial (or “by right”) approval of a housing development containing no more than two residential units of at least 800 square feet in floor area (two-unit housing development) and a parcel map dividing one existing lot into two approximately equal parts (urban lot split) within a single-family residential zone for residential use; and WHEREAS, SB 9 eliminates discretionary review and public oversight of proposed housing developments containing no more than two residential units by removing public notice and hearings by the Development Review Committee or Planning Commission, by authorizing only administrative review of the project, and by requiring ministerial approval of a two-unit housing development that meets objective standards; and WHEREAS, SB 9 eliminates discretionary review and public oversight of the proposed subdivision of one lot into two parcels by removing public notice and hearings by the Development Review Committee or Planning Commission, by requiring only administrative review of the project, and by providing ministerial approval of an urban lot split, and also authorizes local agencies to adopt an ordinance allowing for up to a 24- month additional map extension, for the use of an approved or conditionally approved Tentative Parcel Map; and Draft Ordinance: subject to modification by Town Council based on deliberations and direction ATTACHMENT 2 2 of 20 Ordinance May 7, 2024 WHEREAS, SB 9 exempts SB 9 projects from environmental review as required by the California Environmental Quality Act (CEQA), by establishing a ministerial review process without discretionary review or a public hearing; and WHEREAS, SB 9 allows the Town to adopt objective zoning and subdivision standards for two-unit housing developments and urban lot splits; and WHEREAS, the Town desires to amend its local regulatory scheme to comply with and implement Government Code Sections 65852.21 and 66411.7 and to appropriately regulate projects under SB 9; and WHEREAS, on November 15, 2022, Town Council adopted Ordinance 2334 to regulate SB 9 projects within the Town; and WHEREAS, at the February 13, 2024, Strategic Priorities meeting, Town Council voted to include a request for a modification to the second-story step-back requirement for SB 9 units (Section 29.10.630.(2)(e) of Ordinance 2334) within the Town’s upcoming Strategic Priorities for ordinance amendments; and WHEREAS, the Planning Commission at its meeting on April 10, 2024, reviewed the proposed amendments to the Town Code regarding SB 9 second-story step-back requirements and other clarifying revisions as recommended by staff, held a public hearing, and forwarded a recommendation of approval to the Town Council with recommended modifications related to prohibited exterior materials and screening requirements for ground-mounted mechanical equipment; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on May 7, 2024; and WHEREAS, on May 7, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed amendments to the Town Code regarding SB 9, held a public hearing, and voted to introduce the Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows: 3 of 20 Ordinance May 7, 2024 SECTION I. Section 29.10.600, “Purpose and Applicability,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: The Town Council finds and determines that this Division is applicable only to voluntary applications for two-unit housing developments and urban lot splits consistent with Senate Bill (SB) 9. Owners of real property or their representatives may continue to exercise rights for 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. SECTION II. Section 29.10.610, “Definitions,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this Division. Where a conflict may exist, the definitions in this Division shall apply. Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest. Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area. Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant. Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure. Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. 4 of 20 Ordinance May 7, 2024 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. 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. 5 of 20 Ordinance May 7, 2024 Urban lot split means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two parcels, as authorized by Government Code Section 66411.7. Zoning Code means Chapter 29 of the Los Gatos Town Code. SECTION III. Section 29.10.620, “Eligibility,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: An urban lot split or a two-unit housing development may only be created on parcels satisfying all of the following general requirements: (1) Zoning District. A parcel that is located within a single-family residential zone. (2) Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Town's 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 application are submitted simultaneously, no construction or building permits for new construction or grading activities may be issued until the new parcel map for the urban lot split approval has been recorded. (3) Excluding Historic Property. A parcel that is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel that does not contain a Historic Structure, as defined in Town Code Section 29.10.020, or is not listed on the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article VII, Division 3, "Historic Preservation and LHP or Landmark and Historic Preservation Overlay Zone." (4) Excluding Very High Fire Hazard Severity Zone. A parcel that is not within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a state responsibility area, as defined in Section 4102 of the Public Resources Code.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 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 6 of 20 Ordinance May 7, 2024 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. 7 of 20 Ordinance May 7, 2024 SECTION IV. Section 29.10.630, “Requirements,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions: (1) Zoning Standards. The following objective zoning standards supersede any other standards to the contrary that may be provided elsewhere in the Zoning Code, as they pertain to a two-unit housing development under Government Code Section 65852.21. Two-unit housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by subsection (4), "Exceptions:" a. Building Height. Maximum building height shall be as specified by the applicable zoning district for the main structure. Buildings located within the required side or rear setbacks of the applicable zoning district, and those located in the Hillside Residential (HR) zones, shall not exceed 16 feet in height; b. New Driveways. Each parcel shall include no more than a single driveway unless the parcel has more than 100 feet of contiguous street frontage or more than one existing driveway. and aAny 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; 8 of 20 Ordinance May 7, 2024 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; 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. 9 of 20 Ordinance May 7, 2024 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; 10 of 20 Ordinance May 7, 2024 o. Parking. 1. One parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one or more car-share vehicles within one block of the parcel. 2. Parking stalls may either be uncovered or covered (garage or carport) in compliance with applicable developments standards of the Zoning Code, including Chapter 29, Article I, Division 4, "Parking," except that uncovered parking spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. p. Setbacks. Two-unit housing developments and attached garages shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below. Detached garages and detached accessory structures shall meet the setback requirements specified in Town Code Section 29.40.015 (Accessory Buildings). Table 1-2 - Setback Requirements Setback Requirement(2) Property Line Setbacks(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(3)(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. 11 of 20 Ordinance May 7, 2024 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. Utilities. New units shall be designed as individual units, with separate gas, electric, and water utility connections directly between each dwelling unit and the utility. (2) Design Review Standards. The following objective design review standards apply to construction of new primary dwelling units and to any addition and/or alteration to existing primary dwelling units as part of a two-unit housing development, except as provided by subsection (4) below, "Exceptions:" a. Balconies/Decks. Rooftop and second floor terraces and decks are prohibited. Balconies shall only be permitted on the front- and street-side elevations of a primary dwelling unit fronting a public street. Such balconies shall be without any projections beyond the building footprint; b. Finished Floor. The finished floor of the first story shall not exceed three feet in height as measured from finished grade; c. Front Entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line; d. Front Porch. If proposed, porches shall have a minimum depth of six feet and a minimum width equal to 25 percent of the linear width of the front elevation; 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. 12 of 20 Ordinance May 7, 2024 i. Prohibited Materials. The following exterior materials are prohibited on all building exteriors: 1. Exterior foam molding; 2. Vinyl siding; 3. Plywood; and 4. Exterior Insulation Finishing System (EIFS). j. Mechanical Equipment. Heating, ventilation, and air conditioning (HVAC) units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence. (3) General Requirements and Restrictions. The following requirements and restrictions apply to all two-unit housing developments, inclusive of existing and new primary dwelling units, except as provided by subsection (4) below, "Exceptions:" a. Number of Units. A maximum of four units, with a maximum of two primary dwelling units, on lots that have not undergone an urban lot split. b. Accessory Dwelling Units. In addition to the two residential units allowed under this section, consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code, one accessory dwelling unit and one junior accessory dwelling unit shall be allowed on lots that have not undergone an urban lot split. c. Building and Fire Codes. The International Building Code ("Building Code"), and the California Fire Code and International Fire Code (together, "Fire Code"), as adopted by Chapter 6 of the Town Code, respectively, apply to all two-unit housing developments. d. Encroachment Permits. Separate encroachment permits, issued by the Parks and Public Works Department, shall be required for the installation of utilities to serve two-unit housing developments. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work. e. Restrictions on Demolition. The two-unit housing development shall not require either demolition of more than 25 percent of the exterior walls or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. This shall be evidenced by an attestation from the property owner; 2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or 13 of 20 Ordinance May 7, 2024 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. 14 of 20 Ordinance May 7, 2024 SECTION V. Section 29.10.640, “Application Process for Two-Unit Housing Development,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: (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). (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. 15 of 20 Ordinance May 7, 2024 SECTION VI. Section 29.10.650, “Subdivision Standards,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: 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, 16 of 20 Ordinance May 7, 2024 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), 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; 17 of 20 Ordinance May 7, 2024 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 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. k. Stormwater Management. The subdivision shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer; l. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map; and 18 of 20 Ordinance May 7, 2024 m. Compliance with Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7. SECTION VII. Section 29.10.660, “Application Process for Urban Lot Splits,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows: Applications for urban lot splits shall be submitted and processed in compliance with the following requirements: (1) Application Type. Urban lot splits shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. A tentative parcel map shall not be required; (2) Application Filing. An urban lot split application, including the required application materials and fees, shall be filed with the Community Development Department; (3) Neighbor Notification. In addition to the standard application materials, the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (which will consist of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street). (4) Parcel Map. Approval of an urban lot split permit shall be required prior to acceptance of an application for a parcel map for an urban lot split. Applicants shall apply for an Urban Lot Split Parcel Map and pay all fees; (5) Development. Development on the resulting parcels is limited to a project approved by the two-unit housing development process, the Town’s Accessory Dwelling Unit process, or through the Town's standard discretionary process; (6) Denial. The Community Development Director may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that an urban lot split or two-unit housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and (7) Appeals. Urban lot split application decisions are ministerial and are not subject to an appeal. 19 of 20 Ordinance May 7, 2024 SECTION IX. Severability. In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid. SECTION X. CEQA. Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378). Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 Ordinances are not a project subject to the California Environmental Quality Act. SECTION XI. Consistency with General Plan. The amendments to the Town Code are consistent with the General Plan as SB 9 is a state law; and SECTION XII. Publication. In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California. 20 of 20 Ordinance May 7, 2024 SECTION XIII. Effective Date. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7th day of May 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of _____ 2024, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ 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. ATTACHMENT 3 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 This Page Intentionally Left Blank -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 Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 2 of 12 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 Created: 2023-12-19 13:00:26 [EST] (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:" Created: 2023-12-19 13:00:26 [EST] (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; Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 5 of 12 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; Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 6 of 12 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. Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 7 of 12 (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: Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 8 of 12 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; Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 9 of 12 (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 Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 10 of 12 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: Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 11 of 12 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; Created: 2023-12-19 13:00:26 [EST] (Supp. No. 93) Page 12 of 12 (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) This Page Intentionally Left Blank Page | 1    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;     Page | 5    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.     Page | 6    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:"     Page | 7    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;     Page | 8    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).     Page | 9    (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;     Page | 10    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    Page | 11    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    Page | 12    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.     PREPARED BY: Ryan Safty Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 4/10/2024 ITEM NO: 2 DESK ITEM DATE: April 10, 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. REMARKS: Exhibit 5 includes additional information provided by a Commissioner. EXHIBITS: Previously received with the April 10, 2024, Staff Report: 1.Required Findings 2.Current Senate Bill 9 Ordinance 2334 3.Covered Porch Step-Back Diagram 4.Draft Senate Bill 9 Ordinance Amendments Received with this Desk Item Report: 5.Commissioner Comment ATTACHMENT 4 This Page Intentionally Left Blank From: To:Ryan Safty Subject:Objective Design Standards for SB 9 Units Date:Tuesday, April 9, 2024 3:00:31 PM Attachments:Interim Objective Design Standards Two Unit Overlay District.pdf [EXTERNAL SENDER] Dear Ryan. Thank you so much for your prompt and detailed responses to my questions. I would be very grateful if you would submit a desk item for tomorrow's PC meeting, at a Commissioner's request, for consideration of additional objective design standards similar to those of the County of San Mateo Interim Building and Design Guidelines, attached below. With thanks in advance. Jeffrey EXHIBIT 5 · Main Line (650) 522-7200 · Two – Unit Development Overlay District Interim Objective Building and Design Standards Purpose. The purpose of this document is to establish interim objective building and design standards for ministerial single-family and two-unit SB 9 development planning applications. These standards are intended to provide for high-quality building designs that fit contextually and respect the scale and design of existing single- family neighborhoods and district where new residential development is proposed. Applicability. The interim standards set forth herein shall be applicable to all ministerial single-family and two- unit SB 9 development projects and shall apply in addition to the development standards in Chapter 27.21. In the event of a conflict between these standards and the standards of Chapter 27.21, the more restrictive standards shall apply except that no standard shall preclude the development of at least two dwelling units that are at least 800 square feet each as permitted by Sections 65852.21 and 66411.7, of the California Government Code, as amended. Definitions. The following definitions shall apply. Terms not defined herein shall defer to the definitions contained in Chapters 26 and 27 of the San Mateo Municipal Code. Where definitions conflict, the definitions below shall prevail. (a) “Architectural Features” shall include but are not limited to bay windows, box windows, projections of at least 18 inches, balconies, balconettes, insets of at least 18 inches, and dormers. (b) “Attic” means a non-habitable space within the roof of a building as defined by the California Building Code. (c) “Dormer” means a roofed projecting window structure, set upright in a sloping roof, that projects vertically beyond the plane of the pitched roof. The face of a dormer shall be setback at least 1 foot from the wall below, with a roof pitch no less than half the main roof and a ridge below the main roof ridge. (d) “Utilities and Mechanical Equipment” means, but is not limited to, air conditioners; heaters; utility meters; cable and similar telecommunications equipment; backflow preventions; irrigation control valves; electrical transformers; pull boxes; all ducting for air conditioning, heating, and blower systems; fire protection equipment; and all roof-mounted equipment. Objective Building and Design Standards. All development shall conform with the following: (a) Architectural Style (1) Attached units shall be of the same architectural style including: (A) Roof form (B) Windows (C) Entrances (D) Massing/scale/proportions (E) Colors/Materials (F) Architectural detailing/fenestration. CITY OF SAN MATEO COMMUITY DEVELOPMENT DEPARTMENT 330 W. 20th Avenue San Mateo, CA 94403 www.cityofsanmateo.org (650) 522-7200 · Main Line (650) 522-7200 · (b) Massing and Scale (1) Structures shall provide a plane offset of a minimum of two feet per each 30 feet of horizontal length along the primary frontage and a street side yard Structures shall provide a minimum 2-foot stepback for second story elements on side elevations and on a rear elevation when it is within 15 feet of the rear lot line. (c) Entries and Entry Ways (1) Individual entries shall be provided to each dwelling unit. (2) All primary entries to a dwelling unit shall incorporate at least one of the following elements at front entrances: (A) Front porches (B) Stoops (C) Recessed entry with a depth of at least 3 feet (3) At least one principal entryway shall face the primary street frontage, primary right-of-way, or access corridor. (4) When an exterior staircase is proposed for an upper-level primary dwelling unit, it shall have a setback of at least 5 feet from nearest lot line and shall have a landing limited to the minimum area required to allow ingress and egress as specified by the California Building Code. (d) Windows (1) Window type, style, recess depth, and mullions shall be consistent across elevations. (2) Location and Privacy (A) Second story windows and balconies shall be offset from the window locations and balconies of neighboring residences to maximize privacy. (B) When located within 5 feet of a lot line of an abutting residential lot, second story windows up to 5 feet from the finished floor shall provide and maintain obscured glazing. (e) Materials and Colors (1) A building shall carry the same theme on all elevations. A theme includes primary (non- accent) material(s) and color(s). (2) The following materials are prohibited on building exteriors: (A) Exterior Foam Molding (B) Corrugated Metal (C) Vinyl Siding (D) Plywood (E) Exterior Insulation Finishing System (EIFS) (F) Any material with a light reflection value of <45. (f) Lightwells. Lightwells shall not be located along the primary front façade of a structure. All light wells shall be screened from public view (g) Lighting. All exterior lighting shall be downward directed (excluding landscaping uplighting), have a shielded light source, and be designed so that light is not directed-off site. (h) Utilities and Mechanical Equipment Ground-mounted utilities, mechanical equipment, generators, and AC units that directly serve the development shall be screened from view from adjacent properties and the public right-of-way by either an enclosure designed as part of the building and/or fencing. This Page Intentionally Left Blank LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Steve Raspe, Chair Emily Thomas, Vice Chair Jeffrey Barnett Susan Burnett Adam Mayer Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Gabrielle Whelan Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 5 LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR RASPE: That takes us to the public portion of the hearing in which we have one item this evening, Item 2. It is forwarding a recommendation to the Town Council on Amendments to Chapter 29, the Zoning Regulations, of the Town Code for Senate Bill 9, also known as SB 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. This is Town Code Amendment Application A-24-003. Commissioners, are there any disclosures on this item? Seeing none, Mr. Safty, I believe you’re preparing our staff report for this? RYAN SAFTY: Certainly, and thank you. Good evening, Commissioners. Before you is an amendment to the SB 9 Ordinance within Chapter 29 of Town Code. Earlier this year the Town Council heard from a local architect requesting revisions LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regarding the second story step-back rule for SB 9 two-unit developments. Town Council voted to include this request within the strategic priorities for the coming years and listed the change as the first priority for ordinance amendments. So here we are. Current Town Code for SB 9 requires that the interior, side, and rear elevations of the second story of a two-story primary dwelling unit be recessed by 5’ from the first story, and that’s measured from wall-to-wall. The standard was included originally 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 4’ from the side and rear property lines. Additionally, the 5’ step-back decreases the mass of a two-story SB 9 in accordance with the Town’s Residential Design Guidelines since only objective standards can be used to review these SB 9 applications. Based on the diagram from the architect, and that’s provided in Exhibit 3 of your report, measuring the 5’ step-back from the structural post of a covered porch would meet the same intent and allow the design community more flexibility. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The interior, side, and rear elevations of the second story would still have the increased 9’ minimum side and rear setback, and the covered porch step-back would still help decrease the second floor massing. In addition to the step-back modifications provided in Exhibit 4, Staff also recommends a handful of other minor clean up items. These are either to better align the Town’s standards with State law or to clarify existing standards as identified by Staff over the past few years as we’ve been using the ordinance and reviewing applications. The recommended ordinance modifications in Exhibit 4 would not be considered a project under CEQA and would be very minor changes to the existing process, hardly noticeable. A Desk Item was provided today on Commissioner request to provide the City of San Mateo’s Interim Building and Design Guidelines for consideration in adding additional objective standards within the Town’s ordinance. It is worth noting that the Town’s existing SB 9 Ordinance has actually been very effective, and the direction from Town Council was to make a single modification to an existing design standard. To date we have approved three two-unit housing development LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 applications and 17 urban lot splits, and Staff on several occasions has received verbal praise from HCD regarding our SB 9 Ordinance. Based on the discussion provided in the Staff Report Staff recommends that the Planning Commission review the information included within the report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in Exhibit 4, and also make the required findings in Exhibit 1. This concludes Staff’s presentation and we are happy to answer any questions. CHAIR RASPE: Thank you very much, Mr. Safty. Commissioners, any questions for Staff with respect to either the report they provided or the Desk Item that has been attached? Commissioner Barnett. COMMISSIONER BARNETT: I’m going to ask an obvious question to which there is an obvious answer. The Town Attorney has reviewed each of these changes and approves them? RYAN SAFTY: That is correct. CHAIR RASPE: Thank you so much. Good question I was hoping someone would ask. We now invite comments from members of the public. If you’ve not already turned in a speaker card to LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Staff, please do so at this time, or if you’re on Zoom use the Raised Hand feature. When you are called to speak, please state your name and address for the record, adjust the microphone so that you may speak directly into it, and you will have three minutes. I have a single card so far. Mr. Tony Jeans, if you’d like you can step forward if you wish to speak on the matter before the Commission, Agenda Item #2, and you have three minutes, sir. If you could begin by stating your name and address for the record. TONY JEANS: Tony Jeans, PO Box 1518, Los Gatos. Thank you for this opportunity. I think the Town of Los Gatos SB 9 Ordinance is working very well. I’m comparing it with other ordinances, such as Saratoga and Monte Sereno, for example. This is not really an ordinance issue, but it’s more an issue and I’d like your help to make this happen: I would like the process to run more smoothly. For example, I’m in the middle of one SB 9 lot split on Marchmont Avenue. Planning approved it, so we’ve done the lot split. The owner of the property who recently purchased it wants to move into the house that is going to be remodeled on the property, and then they’re going to LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 build another house that they’ll sell, which will enable them to basically afford to move into Los Gatos. The problem I’m having is in submitting the plans to the Town to remodel the existing house I got plan check comments back from Planning. Building is taking forever, but the plan check comments that I got back from Engineering was we can’t give you any comments at this stage because you haven’t recorded the Parcel Map. Now, the Parcel Map is part of the process of doing a lot split, but why can’t they look at what we’re trying to do with an existing house? Why throw back something saying we can’t even review it? The reason it’s taken so long to get the Parcel Map done is it has gone through three iterations with Engineering at four weeks per time to try to get the Parcel Map fine tuned. I think if this can all be made a little more efficient it would really help. This is meant to be an efficient process. As to words in the actual change, I want you to distinguish between a conservation easement, which is being added, and open space easement, which should not be restrictive. If there is an open space easement that is not a conservation easement, that should not restrict someone LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from doing an SB 9 lot split, and there is a distinction in the law. Thank you. CHAIR RASPE: Thank you. Before you step away, Commissioners, any questions for Mr. Jeans? Vice Chair Thomas. VICE CHAIR THOMAS: Thank you for your input. I know we always appreciate the public comments. I just want to clarify about the conservation easement versus open space easement. You’re requesting that it clarify that conservation easement does not include open space easement? TONY JEANS: Right. A conservation easement typically is something that you have to get a land trust involved. There’s a tax break, it bestows certain benefits on the owner of the land, and an open space easement is different. Sometimes you might put an open space easement so that you can’t build on a certain portion of the property, but it is nothing to do with a conservation easement. An open space easement might be placed along the edge of a creek, for example. VICE CHAIR THOMAS: Are you asking that we would include a definition of conservation easement in the list of definitions? LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TONY JEANS: I am saying that there is a distinction between the two. Thank you. VICE CHAIR THOMAS: Yes, perfect. Thank you. CHAIR RASPE: Thank you. Any other questions for this speaker? No. Thank you again for your comments. I have no further yellow cards for any members of the public present. Mr. Paulson, do we have any members of the public on Zoom? JOEL PAULSON: We do not. CHAIR RASPE: Very good. We have no more public comment. I will close the public hearing portion of this matter. Commissioners, I invite you to ask questions, ask questions of Staff, or of each other. I think the most efficient way to do it is we’ve been provided Exhibit 4, which is a redline document making changes to our existing policy with new changes. My hope and my desire is to go through this on a page-by-page basis, and if any Commissioners have any comments we’ll do that as we go through, keeping in mind we also have Commissioner Barnett’s additional comments and if we can introduce them as part of this discussion that would be great. Without further ado let’s begin then with page 1 of Exhibit 4. Again, minor definitional comments. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BARNETT: Can I ask one question of Staff before we move forward? CHAIR RASPE: Please. COMMISSIONER BARNETT: Does Staff have a response to Mr. Jeans’ comments regarding the timing of the Parcel Map? RYAN SAFTY: We do, thank you. This is actually something that we recommended an amendment to on page 2 of Exhibit 4, under 29.10.620, Item 2, on what constitutes a legal parcel. Previously we would say that you had to get your Parcel Map recorded before we’re going to even accept the two-unit development application. Now we say when both 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 has been approved and recorded. So we will take in the application, we will review a Building Permit; we’re just not going to issue Construction Permits until the parcel is legal. COMMISSIONER BARNETT: Thank you for that. CHAIR RASPE: Commissioner Mayer. COMMISSIONER MAYER: I have a follow up question to that actually. The public comment was in regard to the LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 renovation of an existing structure on the property to be split. Is that covered here in that section? I’m only seeing it refer to a two-unit housing development application and not necessarily like a remodel application. RYAN SAFTY: Thank you for the question. I would say I would need to know a little bit more about the individual case being referenced. I don't know why the Parks and Public Works Department cannot review an internal remodel. There is one minor point to clarify that if an urban lot split is going to modify or demolish a structure that has been used, say, as affordable housing or has been rented by somebody in the last three years, then you can’t do anything on it. That’s the only example I could think of why Engineering would not allow that permit to be issued. JENNIFER ARMER: I’ll just add that that language is directly from State law, so that is something that needs to be maintained. I think at this point we can follow up with the member of the public who commented and figure out which project it is and see if we can find out what the situation was there. COMMISSIONER MAYER: If you could follow up with the Planning Commission after you guys have that conversation, because I’m curious. With more SB 9 projects LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming down the pipeline, there are going to be instances where a property owner is going to want to keep one of the existing structures on the site, perhaps to do a remodel or do an addition to it, and then add two units to the other parcel they split off. SB 9 is still relatively new, so I think we’re all learning as we go along and see more applications coming through, but in these sort of instances I’d like to see the process be more streamlined. Thanks. CHAIR RASPE: Thank you. Any other questions for Staff? All right, then Exhibit 4, and we’ll take this one page at a time. Any Commissioners have any questions or comments with respect to page 1? Okay, page 2. This includes the language we were just discussing. Mr. Safty just pointed to some other changes, including the historic property exclusion, and the very high fire hazard severity zone exclusion as well. Any comments? My only thought here is perhaps based upon Mr. Jeans’ comments of in the definition portions should we include now an open space easement definition? RYAN SAFTY: I would like to jump in if I can on that one. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: Please. RYAN SAFTY: The specific conservation easement situation is something that is directly out of State law, and so in speaking with the Town Attorney previously the direction is that we keep it identical to State law. Our SB 9 Ordinance does not say the words “open space easement,” however, there is a civil code that our Town Attorney has pointed in our direction that does say that an open space easement is a part of a conservation easement, and so we wanted to leave it that way so if the civil code changes our ordinance does not have to change; our ordinance is directly pulled from State law. CHAIR RASPE: Thank you. I appreciate those comments. Given that explanation, Commissioners, any further suggested changes or ideas on page 2? Seeing none. Let’s proceed to page 3. It might be a minor change on page 3. Any changes there? Seeing none. Page 4. Seeing none. Page 5. Again, these appear to be largely stylistic and/or grammatical changes. Vice Chair Thomas. VICE CHAIR THOMAS: I did just notice that for G for cut and fill it wasn’t in italics and all the other ones are. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: With that one change then, page 6. Vice Chair Thomas. VICE CHAIR THOMAS: For R I noticed that it just starts with New Units, but all the others start with like, say, storm water management, period, and then the description. This one doesn’t have a title that’s in italics. CHAIR RASPE: Thank you for those comments. Any other Commissioner comments on page 6? Page 7, and this is a single change here. This is the change which started the process of the revision of the section, that is, the second story step-back. Staff has included new language there on how that is to be measured when there is a covered porch. Commissioners, any changes or comments? Yes, Commissioner Mayer. COMMISSIONER MAYER: I just want to say I support the changes that were proposed by Jay Plett. CHAIR RASPE: Thank you. Any other comments? Seeing none. Page 7. It looks like one single change. I see no comments. Page 8. There is a single comment on the bottom. Page 9 has no changes. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10, a single change in paragraph (e). Seeing no comments. Page 11. It looks like some numbering and lettering changes, and again, a couple of minor clarifying comments. Any changes or comments? Seeing none. Then, again, only minor changes on the final page. So it sounds like our changes are only stylistic as to the language proposed by Staff. I’d like to direct my Commissioners then to the item provided by Commissioner Barnett, which is San Mateo’s Interim Objective Building and Design Standards for Two- Unit Development Overlay Districts. I invite discussion among our Commissioners—we haven’t had much time to look at it—and your thoughts as to how you would like to take a look at these. It could be the case that some or all of this is applicable to this discussion, or it may be the case that we simply wish to append this to our motion to Town Council and ask them if they wish to consider any of these additional thoughts or changes which are not currently incorporated into our changes. I’m open to ideas and discussions from my Commissioners. Yes, Commissioner Barnett. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BARNETT: I’d like to ask a preliminary question of Staff. Although the time has been short, do you have a feeling about whether architectural standards of this nature would be consistent with the SB 9 law? RYAN SAFTY: Thank you. Actually I did have a chance to go through San Mateo’s documents, I kind of went line-by-line, if you wanted to go that route, or I can also alternatively just let you know which ones I do not think are objective and would not stand up in court, and then there are some also I wanted to point out that we have standards that say this already. So why don’t I start with just letting you know which items I do not think are objective? This is based on my extensive work on the objective standards document and M-Group consultants, so I’ve got a pretty good idea. Item (a), Architectural Style, is not defined. We’ve been directed previously from M-Group that that’s not going to stand up. That’s saying that you have to have the same architectural style. Item (c)(2) Entrances and Entryways, “All primary entries to a dwelling unit,” they don’t define primary entries. It would be a simple fix, but they would have to define it. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Item (d)(1), Windows, it says windows type and style. Those two would not be enforceable. Recess depth and mullions would be enforceable, since we could definitively say that that’s consistent on all sides. Then the last one, (e) (1), Materials and Colors, “A building shall carry the same theme on all elevations.” That one gives me the biggest pause. COMMISSIONER BARNETT: Thank you very much. That’s very helpful. CHAIR RASPE: Commissioners, then what I propose is since we’re going through this for the first time as a group, why don’t we go through it as a group and let’s address quickly those that are on here that we think would be considered objective standards and could be considered by the Town, and those we wish to pass along to Town Council. Commissioner Mayer. COMMISSIONER MAYER: I have a question first before we dive into that. CHAIR RASPE: Please. COMMISSIONER MAYER: Probably for Staff. Does the SB 9 State Ordinance require that the Town create objective standards for a two-unit development? LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RYAN SAFTY: It requires that all standards in our SB 9 Ordinance are objective. It’s worth noting that the terms we’re using right now are easy to get confused. These are objective design standards. We have objective standards. It’s also worth noting we also have objective design standards in our ordinance. COMMISSIONER MAYER: That’s what I’m referring to, the objective design standards. Second question follow up. The Town already has Residential Design Guidelines. That would not apply to a two-unit development? RYAN SAFTY: That is correct. It’s worth noting that when we were going through the SB 9 process we did go through the Residential Design Guidelines and tried to figure out which of those items, for example, the 5’ step- back, we wanted to implement in the SB 9 Ordinance. CHAIR RASPE: Yes, Commissioner Burnett. COMMISSIONER BURNETT: Question for Staff, thank you. Which ones do we have presently that would be already addressed? RYAN SAFTY: The items that are already addressed? Item (b)(1), Massing and Scale. There are two different ways of doing this. They’re talking about a daylight plane. We have a 5’ step-back, and we also have LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reduced plate heights on the second story, so that helps with both the massing and the scale. CHAIR RASPE: Vice Chair Thomas. VICE CHAIR THOMAS: I just would like to interrupt with a question. The language that we currently have to address that is most similar to what is in our Residential Design Guidelines versus this language? They both address massing, but we probably want to be as consistent as possible with how we address massing across those two areas? RYAN SAFTY: That is correct that what we have in our current SB 9 Ordinance is much closer to the wording in the Residential Design Guidelines. VICE CHAIR THOMAS: Okay, thank you. CHAIR RASPE: Mr. Safty, you were going down a list of those items that we have addressed at least in some form or manner. RYAN SAFTY: Thank you. Moving on, (c)(1), Entries and Entryways, “Individual entries shall be provided to each dwelling unit.” That’s a Building Code requirement; there is no need to put that in our SB 9 Ordinance. (d)(2), Windows, “Location and Privacy,” we have that. We’ve got the requirement that any window closer than LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10’ of a side or rear property line has to be Clerestory, and additionally, we also have balcony requirements where we say you cannot have any balconies on the second story of that project, and if you are going to have them I think we say they have to be within the footprint of the side and rear elevations. (e) Materials and Colors, (F), we’ve got light reflection values (LRV) requirements. We say if you’re in the hillside you’re subject to 30 LRV, which is, again, kind of repeating what’s in our Hillside Design Guidelines. Then (g), Lighting, we have that almost identical in our ordinance. CHAIR RASPE: Thank you so much. If I could recap, and please correct me if I’m wrong. So those matters which remain, they are either neither subjective or we haven’t already addressed them elsewhere. That would include (c)(3) and (4), is that correct? RYAN SAFTY: Yes. CHAIR RASPE: I think (e)(2), but excluding (F). RYAN SAFTY: Yes. CHAIR RASPE: (e)(2), that’s sub (A) through sub (E), correct? RYAN SAFTY: Correct. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: And then all of sub (g) and sub (h)? RYAN SAFTY: Correct. CHAIR RASPE: So those are the ones, Commissioners, that we currently don’t have addressed in our guidelines and could be permissible to be added to our guidelines. So if we were going to add any, those would be the ones I would proffer we should discuss this evening. Does that sound fair? COMMISSIONER BURNETT: Yes. CHAIR RASPE: Vice Chair Thomas. VICE CHAIR THOMAS: I do have a question about (h) Utilities and Mechanical Equipment. What is in our Residential Design Guidelines related to that? RYAN SAFTY: We say we don’t want to see them, and so normally Staff asks for them to be behind a fence. VICE CHAIR THOMAS: So it’s kind of like a request? I guess people probably don’t want to see them in general either, so this is kind of a self-enforcing situation. RYAN SAFTY: There’s not generally much pushback on that, and I would argue the same thing with (c)(3), Entries and Entryways. Most people are going to put their LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 entrance facing one of these streets, so it just happens naturally. VICE CHAIR THOMAS: Okay, thank you. CHAIR RASPE: Very good. Again, as a Commission if we want to proffer ideas or suggestions to include some of these comments. Let’s just go through these one at a time then. So (c)(3), “At least one principal entryway shall face the primary street frontage, primary right-of-way, or access corridor.” As Mr. Safty has indicated, generally this happens as a matter of practicality, but do we want to as a Commission include this within our objective standards for SB 9 properties? Commissioner Mayer. COMMISSIONER MAYER: I don't know. CHAIR RASPE: Anyone have any strong feelings? COMMISSIONER BARNETT: I’ll speak up on that one. Even though it might be common practice, I think that it makes logical sense to have it as an objective; it’s not going to hurt, and it could help. COMMISSIONER BURNETT: I agree. VICE CHAIR THOMAS: I am wondering if Commissioner Mayer could expand on, maybe from an architectural point of view, why this would be problematic? LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER MAYER: Sure. What SB 9 is doing is it’s legalizing what is essentially like a four-plex unit on one property before it’s split, and I just don’t want to limit architecturally the entry sequence to the units. Now, obviously for a single-family home it’s pretty standard 99.9% of the time to have the entry facing the front right-of-way. I just don’t want to limit necessarily future projects like four-plex projects. It depends on the property itself, and I think it should be a case-by-case basis. For instance, if someone proposes an SB 9 project and they don’t have the entry on the front and it looks totally out of place in the neighborhood, I think that’s something that can be brought up either by the Commission or Staff or something, but I just think it’s a bit restrictive to put that into objective standards at this point. CHAIR RASPE: Yes, Commissioner Burnett. COMMISSIONER BURNETT: Just a comment. Can we say “preferably”? JENNIFER ARMER: I’ll jump in on that. Yes, it would need to be objective, and one cautionary thought on this is with Accessory Dwelling Units we did get direction from HCD that one of the regulations we had in place for them that the entry door for the ADU can’t be visible from LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the street, that was something that we were not allowed to prohibit. This is a different character. I don’t remember whether it was broader than that in terms of rules about the entryways, but it’s the kind of thing that could potentially be a little risky. CHAIR RASPE: Yes, Commissioner Barnett. COMMISSIONER BARNETT: I just note that the requirement is for at least one door, and I was thinking about Commissioner Mayer’s comment about perhaps there would be a U-shaped configuration, and in that case you would think that at least one unit at the bottom of the U would be able to have a front door so that there is not an appearance of it being a jail and enclosed complex. CHAIR RASPE: Commissioner Mayer. COMMISSIONER MAYER: I understand Commissioner Barnett’s concern for sure. I think the fear is having this blank wall facing the public right-of-way, and I think that’s understandable. I don't know if there’s a way we can put language and like objective design standards to say that you’re not allowed to have a blank wall, like maybe it needs to have some sort of façade articulation and some fenestration like some windows or something. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I’m still not convinced though that it needs to be like the front door, but I do understand that there is concern about how the front façade appears on the street and I’m willing to maybe explore that. I just imagine like, for instance, you have four units. They could be off of one linear road or corridor along the side of the property rather than directly on the front. It depends again on a case-by-case basis on the individual site. I just don’t want to put this restriction in. CHAIR RASPE: Yes, Commissioner Burnett. COMMISSIONER BURNETT: Further conversation on this. The problem with objective guidelines here, you take so much away from any kind of subjective architectural design, so that if we were left with a frontage that has no door, no personality, I mean what we’re trying to do is have some personality into the building and everything is objective, nothing is subjective, so I would think it’s important to have something to break up a wall that if we leave that in place you’re not having… I mean, there’s really no personality, so I think this is a way we could have some kind of personality into the building without being subjective. CHAIR RASPE: Thank you. Vice Chair Thomas. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR THOMAS: I agree with Commissioner Mayer for two reasons. One, I think that 99.9% of the time people are going to not want to just build a wall that faces the frontage street, because people inherently like things that look… If they’re going to put money and energy and time, and money in Los Gatos, into building a unit it’s probably going to look decent, because many family members I have are real estate agents, and what something looks like from the street makes a big difference, so that being said I think that, again, this is like a self-enforcing thing and I think that it only restricts. I’m not concerned that this is going to be happening all over town, so I agree with Commissioner Mayer. I do have a question for Staff. In our Residential Design Guidelines do we require anything about having a window or a front door or anything that has to face the street? Because if we don’t, then there’s no reason that we should include it in here, I don’t think. RYAN SAFTY: I could confirm. I would be shocked if there wasn’t at least something that talks about discouraging blank walls facing a street, but if you don’t mind, let me get back to you on that. CHAIR RASPE: Thank you so much, and while he’s looking that up this is what I propose, Commissioners. We LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have, I think, five individual matters on this from San Mateo that we are considering applying to ours, and my sense is we are not unanimous necessarily with respect to this first item. I will put each item up to a vote among the Commissioners, and those that garner a majority of votes will be included then with our recommendation to Town Council with respect to the redline Exhibit 4, which was attached previously. Does that sound acceptable to all? Okay, very good. Yes, Mr. Safty. RYAN SAFTY: Thank you. Coming back to that last topic, we do have a design guideline that says, “The front of the house should be oriented towards the street and the front entry clearly identified.” VICE CHAIR THOMAS: Okay, thank you. CHAIR RASPE: Any other questions for Staff with respect to Item (c)(3), Entries and Entryways? If not, then let me ask for by a show of hands those Commissioners that wish to include (c)(3) as one of our recommendations to Town Council with respect to the SB 9 Ordinance. I see two. Those against? I see three, so the Commission will not recommend (c)(3) be included within our recommendations to Town Council. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Going to (c)(4), “When an exterior staircase is proposed for an upper-level primary dwelling unit it shall have a setback of at least 5’ from the nearest lot line and shall have a landing limited to the minimum area required to allow ingress and egress as specified by the California Building Code.” Commissioners, any comments or thoughts with respect to (c)(4) of Entries and Entryways? Commissioner Barnett. COMMISSIONER BARNETT: A comment was made at the outset of our discussion tonight about that issue being possibly addressed in the existing regulations or code? RYAN SAFTY: Thank you. I’m not sure if I was referring to this one specifically, but I’m glad you brought it up because we do require a 4’ setback, so one foot less, and that’s for any part of the structure, and that would include the staircase. And then the Building Code has landing requirements, so I would assume that would be covered by standard Building Code. CHAIR RASPE: Yes, Commissioner Mayer. COMMISSIONER MAYER: I’m okay with clarifying that exterior stairways need to be within this and follow the setback. It sounds like that’s already addressed. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: Mr. Safty, including this language, would it be duplicative then of what we already have? Would it be a confusion? RYAN SAFTY: It would allow one additional foot for the staircase. Honestly, it would create confusion, most likely. I apologize; it would require one additional foot. Sorry. COMMISSIONER BARNETT: So if that were reduced to 4’ and was consistent with the existing standards, would you be agreeable with that? RYAN SAFTY: With our current SB 9 Ordinance we are looking at staircases as a part of the structure, and so it’s required to meet a 4’ side yard setback, period, with no amendment to the ordinance. COMMISSIONER BARNETT: Thank you for that. CHAIR RASPE: Vice Chair Thomas. VICE CHAIR THOMAS: I just want to confirm that any staircase, any permanent deck or porch type thing, any posts associated with a covering or anything like that, all of that is considered a part of the structure, so it would be required to comply with the setbacks? RYAN SAFTY: Correct. VICE CHAIR THOMAS: Okay, thank you. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: Thank you. All right, Commissioners, given those explanations what are your feelings on adding (c)(4), Entries and Entryways, as part of a recommendation to Town Council with SB 9? It seems to me that it probably doesn’t add much since we are currently covered with our existing language. Any difference of opinion? Okay, thank you. So we will not include (c)(4). Commissioner Burnett. COMMISSIONER BURNETT: For Staff. I would like to go back to (c)(3) of Entries and Entryways. On (3), which would take precedence, what is already in our guidelines or this recommendation that would be coming from the Town Council by a 3-2 vote? RYAN SAFTY: The recommendation failed 2-3, so we will not bringing that recommendation forward to Town Council. COMMISSIONER BURNETT: Oh, I thought… CHAIR RASPE: No. We won’t recommend… COMMISSIONER BURNETT: (Inaudible). CHAIR RASPE: No, no. Just to confirm, yes, we’re not recommending… JOEL PAULSON: Through the Chair, just to Commissioner Burnett, we will be doing verbatim minutes, so LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Council will have the ability to read it as well as it will be on video. CHAIR RASPE: Thank you. Then moving on I will treat these as a group. (e)(2), Materials and Colors, and we’ll go (A) through (E); apparently, again, (F) has already been dealt with elsewhere in our guidelines, so, “The following materials are prohibited on building exteriors: (A) Exterior Foam Molding, (B) Corrugated Metal, (C) Vinyl Siding, (D) Plywood, and (E) Exterior Insulation Finishing System (EIFS). Commissioners, any questions or thoughts, or questions for Staff, on these items? Commissioner Barnett. COMMISSIONER BARNETT: I would submit that (B) and (C) and (D) are self-evident as being important. That would leave (A), and I would open that to discussion by my fellow commissioners. The criticism I’ve heard of (A), foam moldings, is that one, they break down; and two, they look artificial; let me put it that way. They don’t look like natural building materials. And I’m not clear what (E), the exterior insulation finishing system, is. Thank you. CHAIR RASPE: Thank you. Vice Chair Thomas. VICE CHAIR THOMAS: I have a question for Staff about if any of these materials would be approved through LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Building Code? Are there building codes that exist that wouldn’t allow some of these materials already to be used? JENNIFER ARMER: Not that I’m aware of. VICE CHAIR THOMAS: Okay, so it’s just more of like, you know with fire code and things like that you have to have the fire barrier, that’s all internal, not any external? RYAN SAFTY: That’s correct. It’s also worth noting that we discourage foam molding in our Residential Design Guidelines. CHAIR RASPE: Thank you. Commissioner Mayer. COMMISSIONER MAYER: Regarding the comments about the foam molding, I would agree that it’s not the best material to use for exterior applications. It doesn’t look great, as Commissioner Barnett said; it breaks down easily and wears over time. There are also issues with fire with that material. They make foam that’s sprayed with fire retardant, but generally I don’t think it performs as well as other materials. I would be willing to maybe incorporate some of the language from the Residential Design Guidelines for this regarding that particular material. The other materials, (E) Exterior Finishing system (EIFS), I see that more common on commercial projects and multi-family projects, not so much on single- LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 family or like SB 9 small multi-family projects. Also, there are some concerns about fire with that too; it’s also kind of a foam product. (C) Vinyl Siding, and (D) Plywood, those are generally just kind of the cheaper options for siding, so they don’t look as high-quality. I don't know if it’s within our authority to make a value judgment about aesthetics on that, but I would say that if the Commissioners and Staff want to promote nice looking exteriors they should discourage the use of those materials. I think (B) Corrugated Metal, although it is often associated with more industrial type of buildings, I’ve seen it used in ways, especially in Europe, that look nice for residential buildings, so I wouldn’t want to say no corrugated metal, but the other ones I’d have no problem saying that we want to discourage using those. CHAIR RASPE: Thank you so much. Vice Chair Thomas. VICE CHAIR THOMAS: I agree that (A) and (E) seem problematic for multiple reasons, like in addition to what was stated they are made with materials that are toxic and have forever chemicals, which the EPA literally released new guidelines on that yesterday, so I would say that those LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ones, especially if that’s not going to be eliminating anything architecturally, should be included in something that can be prohibited. However, the others I am concerned just because I know that there are some opportunities and options for these ready-made ADUs that get dropped in your backyard kind of thing, and I wouldn’t want any of those to be restricted because they have some of these materials on the outside. They look nice and they might not even be necessarily viewable from the street in many of these situations. I’m not sure really what materials those types of things are made of, so that would be my only concern moving forward, and if Staff could comment on that and/or just maybe if this does move forward, taking it to Town Council, if that could be looked into before the final decision is made. CHAIR RASPE: Great. Thank you. Commissioners, any other questions? Commissioner Burnett. COMMISSIONER BURNETT: Again, going back to objective standards here, I would tend to agree that these building materials, I would not want to see any of them on any of our structures if we’re trying to keep some kind of subjectivity, even though we’re really not, and these materials to me lack a lot of personality, and they have a LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lot of issues with them as far as from my experience and how I view them, so I wouldn’t be for any of these. CHAIR RASPE: Thank you for those comments. Commissioners, any others? All right, I tried to group these as a group, but again, I sense as a group we’ve made some distinctions among them, so what I will do is ask for (A) through (E) a show of hands, and the ask is those items that should be excluded, that is, they will be prohibited on building exteriors. If you believe that the materials should not be part of our acceptable building on SB 9 buildings, then that’s what will be the ask here. So, sub (A), Exterior Foam Molding, by show of hands, those that believe that exterior foam molding should not be part of our building exteriors, please, raise your hands. Okay. Same question with respect to sub (B), Corrugated Metal. I show that’s two in favor. COMMISSIONER BURNETT: Two in favor? CHAIR RASPE: One, two. You and Commissioner Barnett. COMMISSIONER BURNETT: I’m not in favor. JENNIFER ARMER: To clarify, two in favor of prohibiting that item. CHAIR RASPE: Prohibiting. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURNETT: Okay, good. I need that word prohibited. CHAIR RASPE: I’m sorry. COMMISSIONER BURNETT: Okay, thank you. CHAIR RASPE: Thanks for the clarification. So, again, corrugated metal, three are in favor of allowing it as a building material. Sub (C), Vinyl Siding, those in favor of prohibiting it as a building material on SB 9 projects? Five to nothing. Sub (D), Plywood, those in favor of having it as a prohibited material on the exteriors of… Again, five to nothing. Sub (E), Exterior Insulation Finishing System (EIFS), those in favor? Five to nothing. So to recap and to confirm, subs (A), (C), (D) and (E) will constitute the list of prohibited building exterior items for SB 9 projects. Thank you. Vice Chair Thomas. VICE CHAIR THOMAS: I’m sorry, I know that I’m asking us to backtrack, but I do want to say that these are things that we’re trying to not change the ordinance in the future, and I do just have a question for my fellow LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 commissioners about vinyl siding, like mainly for Commissioner Mayer. I know that vinyl flooring has changed dramatically over even just the past decade. Are there any possible materials… Do you think that that one could be limiting in a way, or do you really see that there is no movement in that direction for possible outside materials? COMMISSIONER MAYER: Sure, I can answer that question, and you’re correct that more recently the vinyl flooring products have gotten much better. I honestly don’t see vinyl that often being used as an exterior siding material, and I haven’t really seen examples. Vinyl windows are one thing, but as far as the siding, I haven’t really seen it that much used. I know you brought up prefabricated ADUs before, and on those I haven’t seen vinyl. Usually it’s like a wood, like a lap siding, or some sort of fiber cement board is pretty popular these days, so I image a lot of SB 9 projects are going to be using fiber cement board, which is not on the list of excluded materials. CHAIR RASPE: Thank you. Does that answer your question? VICE CHAIR THOMAS: Yes. CHAIR RASPE: Mr. Safty, a follow up? LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RYAN SAFTY: Thank you. I just wanted to clarify one thing. When we’re talking about vinyl siding, do we also want to prohibit vinyl windows? Okay, no. COMMISSIONER MAYER: Sorry, when I voted for prohibiting it I was assuming that it only referred to the cladding on… VICE CHAIR THOMAS: (Inaudible). COMMISSIONER MAYER: Yes, the cladding, not the windows. JENNIFER ARMER: Thank you for that clarification. CHAIR RASPE: Thank you, and I’ll actually ask all my Commissioners by a show of hands, those that agree that the vinyl siding includes siding, but not windows? By a show of hands that you’re understanding? COMMISSIONER BURNETT: (Inaudible). VICE CHAIR THOMAS: So then should we make the recommendation that the following materials are prohibited with the exceptions to windows, not including windows? CHAIR RASPE: Oh, yes, I see what it says here. VICE CHAIR THOMAS: Yes, because it says, “Materials are prohibited on building exteriors.” CHAIR RASPE: Correct. VICE CHAIR THOMAS: So now we’re getting into it. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RYAN SAFTY: Staff can take this recommendation and we can draft the ordinance to Town Council. CHAIR RASPE: But you understand? RYAN SAFTY: We understand the direction. VICE CHAIR THOMAS: We don’t want to be pigeonholing that. JOEL PAULSON: Through the Chair, from Staff’s perspective, and maybe I’ll just speak for myself, siding and windows are two distinctly different components of a building. CHAIR RASPE: Agreed. VICE CHAIR THOMAS: It does say (inaudible). CHAIR RASPE: Thank you, then let’s move to sub (f), Lightwells. “Lightwells shall not be located along the primary front facade of a structure. All light wells shall be screened from public view.” Commissioners, any comments or thoughts on this standard? Commissioner Mayer. COMMISSIONER MAYER: This one is confusing to me. I don’t understand. “Lightwells shall not be located…” Yes, I’m having a hard time visualizing what exactly this objective standard is trying to get at. CHAIR RASPE: Staff, do you have any insight? RYAN SAFTY: It’s a good question. I had the same thought the first time I read it. I think what they’re LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 implying is the railing, everything you see above grade of these lightwells is what they’re not going to want to see, and more importantly, I don’t think they want the lightwell on the front elevation; I think the lightwells would be on the side and rear elevations based on the intent of this. JENNIFER ARMER: And what could become complicated is if you do have a basement and you have a lightwell for required access along one side or the other; what constitutes screening from view is going to potentially be a question. But we have seen some houses where they have a lightwell for access to the below-grade square footage, and that is along the front façade right in front of the front porch, so that is something we have seen before in just a regular house that’s been proposed. CHAIR RASPE: And that’s currently permitted under our Town Code? JENNIFER ARMER: Correct. CHAIR RASPE: All right, thank you. Commissioners, any other questions or thoughts on sub (F)? Commissioner Barnett. COMMISSIONER BARNETT: Just for clarification, you have a concern about what screening would mean, and it sounds like in the instance where you did allow a primary LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 front façade to have a lightwell, I guess you didn’t comment on whether that was something that was approved or approved with reservations. Thank you. JOEL PAULSON: Thank you. Through the Chair, I’ll jump in. I think from a screening perspective they’re allowing these if they’re screened. You could put a hedge around the front of the railing that the lightwell has, so I don’t think it’s an onerous requirement, so I think it’s pretty easy for an applicant. If the Commission is interested in forwarding that, it is something that could be recommended to Town Council. CHAIR RASPE: Thank you, and just to clarify, of these two, the first sentence, “Lightwells shall not be located along the primary front façade,” that would be a change from our current design guidelines. The second would be a more minor but probably acceptable change, is that fair? Okay. Commissioners, with that in mind, that would be my recommended change with respect to sub (F). Strike the first sentence, because lightwells are currently allowed along our primary façade, but we require that all lightwells shall be screened from public view. Vice Chair Thomas. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR THOMAS: I’m sorry; do we currently require all lightwells to be screened from public view? Okay, so that’s not part of our standard Residential Design Guidelines? I personally also struggled to understand what this said, and considering we have an architect and a planner here that also struggled first hand, I feel like I’m not really in favor of including it at this point. CHAIR RASPE: Commissioner Mayer. COMMISSIONER MAYER: Now I’m trying to visualize what Ms. Armer referred to, like a subterranean basement with the lightwell in front. You’re not really going to see the lightwell anyway. There might be a railing around the perimeter of it, which already is sort of a screen, so I still don’t quite understand what the intent of this is, so I don’t want to recommend anything because it doesn’t make any sense to me. CHAIR RASPE: Very good. Other Commissioners? Commissioner Barnett. COMMISSIONER BARNETT: I think there’s an obvious answer to this one as well, but are any lightwells used as part of secondary access, or is that not allowed by code? RYAN SAFTY: They are used for ingress and egress all the time. It’s also worth noting that we have received direction from HCD in the past that making rules that are LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more restrictive than our current guidelines and code can be problematic. CHAIR RASPE: Thank you, that’s a helpful comment. Commissioners, any other questions on this one? Given Mr. Safty’s final comments there and following up on Commissioner Mayer’s, I think, learned comments, my proposal has modified. I would suggest not including sub (f), Lightwells, as part of our recommendation to Town Council. By a show of hands may I see those who are not inclined to include sub (f) as part of our recommendation? And it’s unanimous it shall not be included. Finally, sub (h), Utilities and Mechanical Equipment. I think Mr. Safty already commented on this earlier. “Ground-mounted utilities, mechanical equipment, generators, and AC units that directly serve the development shall be screened from view from adjacent properties and the public right-of-way by either an enclosure designed as part of the building and/or fencing.” Vice Chair Thomas. VICE CHAIR THOMAS: With that being said, just about how our Residential Design Guidelines don’t require this but we prefer it, I don't know if we should require this in this space, but perhaps our Residential Design LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Guidelines should be updated if people feel strongly. Maybe that’s not really a recommendation, not to make more work for everyone, but again, I don't know if that would be considered more restrictive. CHAIR RASPE: Yes, Commissioner Mayer. COMMISSIONER MAYER: This is an interesting one. I agree with the intent of it. Especially with SB 9 if you’re going to end up with four units on a property, or two properties after the lot split, I think it makes sense aesthetically to try to minimize the visual impact of mechanical equipment. How to go about doing that without being too overly restrictive, I think, is a challenge. There are also requirements for HVAC equipment: that it can breath, that it can get fresh air around it, and we’re moving a lot more toward mini-split heat pump systems, especially with these types of projects and ADU SB 9 projects. The good news is that the equipment tends to be smaller, but you can still see it. I wouldn’t necessarily be opposed to having some sort of screening, but I think we need to be careful about what we require. For instance, if there is some sort of screening you would want to have like open louvers around it so that it can still breath in air rather than enclose it like in a plywood fence or something like that. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I agree with the intent of trying to minimize the visual impact of this, but I don’t want to be overly prescriptive either, again, to either lessen the functionality of the equipment itself or take up too much space on a property. CHAIR RASPE: Thank you for those comments. I’m going to lean into your expertise as an architect. I understand ground-mounted utilities, mechanical equipment, and generators, but AC units, as you note, the split systems, window units, all the rest of them, it seems to me that that’s a different animal and could be much more difficult to screen. Would you agree with that? COMMISSIONER MAYER: Yes, I think so. I don’t think it’s necessary. Again, not all these projects are going to use the heat pump system; they might have bigger equipment. I guess maybe we can talk piece-by-piece. Obviously a generator is going to be bigger than a heat pump. There might already be guidelines about screening generators. Mechanical equipment, that’s kind of vague. I think you bring up a good point that not all mechanical equipment is created equally. CHAIR RASPE: Thank you. First Commissioner Barnett and then Vice Chair Thomas. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BARNETT: Of Staff. If I recall correctly, the Commercial Design Guidelines require screening of mechanical equipment, is that correct? RYAN SAFTY: That is correct in residential design. CHAIR RASPE: Vice Chair Thomas. VICE CHAIR THOMAS: I have a question for Staff about an AC unit. If this were implemented could a possible workaround be that you would just add an AC unit after you get your final Occupancy Permit? You could really drop in an AC unit and add that anywhere; there is no requirement right now. If I want to change my HVAC system at my house and put an AC unit in, I don’t have to get a permit for that, correct? RYAN SAFTY: I believe you do need a Building Permit. VICE CHAIR THOMAS: Oh, I do? Well, I don’t. I don’t have the money to do that, because I’m a teacher, so my husband from England is just really grateful we’re living in a one-story house, but there will be signs if we win the lottery; we will be getting an AC unit. But you can build a structure with the HVAC and then literally just drop the AC in afterwards? Okay, thank you. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JENNIFER ARMER: It would require a Building Permit, but because it wasn’t part of development of the two-unit development itself, it very well could be reviewed separately based on the regular code at that point. VICE CHAIR THOMAS: And which wouldn’t require it to be screened currently. I must say that as a person that did used to live in a place with air conditioning, my AC unit was right by my front door at my condo and it was really ugly and it drove me crazy and I wanted it screened myself. You want to hide those things, so I am hesitant still to include this, just because it seems like some of it could be more restrictive than our current Residential Design Guidelines, and I do think it’s a self-enforcing situation, but I am interested to hear what my other Commissioners have to say. CHAIR RASPE: Before I forget, just one follow up question. You mentioned the Commercial Design Guidelines require shielding of these things. Commissioner Mayer mentioned some cause for concern that it could create issues with respect to overheating and causing maybe dangers. Do the Commercial Design Guidelines specify how those shieldings work? Are they (inaudible)? JOEL PAULSON: I’ll jump in through the Chair. Typically we’re talking about roof-mounted equipment for LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 commercial, so it’s screening from the public right-of-way, and so that’s generally the issue. I’m not sure if Ms. Armer or Mr. Safty have anything to add. JENNIFER ARMER: No, thank you, that is exactly what I was going to say as well, that in general we’re talking about roof-mounted units that would be screened, and so the screen often is not anywhere near the unit itself, just making sure that it won’t be visible from the street. CHAIR RASPE: Very good. Thanks. Commissioner Mayer. COMMISSIONER MAYER: I have a comment about that, but I’ll say my first comment first. I would be okay with saying that mechanical equipment shouldn’t be visible from the public right-of-way. That’s doesn’t necessarily mean you need to screen it, it just means it needs to be behind the buildings or behind a fence so you don’t see it from the public right-of-way. Also, from adjacent properties, generally there is a fence between properties, so that already takes care of itself, so I think that might be okay. There might be instances where in SB 9 developments an owner or builder chooses to put HVAC LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 equipment on a roof. I would be okay with saying that that needs to be screens if that ever happens. CHAIR RASPE: Thank you. Vice Chair Thomas. VICE CHAIR THOMAS: I agree with Commissioner Mayer’s comments. Is there a definition of mechanical equipment? Now looking at this, obviously when it’s combined with utilities I can image these things, but what if there is like a wheelchair ramp or something like that? I feel like that is not what we mean. I feel like mechanical equipment is not objective enough to be included, but I understand ground-mounted utilities, generators, and AC units. Does Staff agree that mechanical equipment is too vague? RYAN SAFTY: That is a great point. That’s what my note said as well; we’d have to define what visible is and what the mechanical equipment is. VICE CHAIR THOMAS: I think that, yes, mechanical equipment, even defining that seems like a big ask, so perhaps dropping that language, but I do agree that the most important thing is that it’s not viewable from a public right-of-way. The adjacent properties also kind of concerned me, because if we are doing a lot split—and this might be covered in the definition—would those now be considered LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 adjacent property? You might not be putting a fence down the middle, so I don’t think that needs to be screened in that sense, but it should be perhaps not viewable from the public right-of-way. CHAIR RASPE: Thank you for those comments. Commissioner Barnett. COMMISSIONER BARNETT: To Staff, like there is an electrical code is there a mechanical code? RYAN SAFTY: Yes, there is. COMMISSIONER BARNETT: And there might be definitions in that code of what the equipment is that’s covered? JOEL PAULSON: There probably is. Generally HVAC is what covers all of that. COMMISSIONER BARNETT: I’m not strongly invested in this, although I think Commissioner Mayer has made some excellent suggestions, but perhaps we could propose to the Town Council that they consider a definition in the Mechanical Code of mechanical equipment or some other objective definition. CHAIR RASPE: Very good. Allow we to summarize what I think we are headed towards. I think generally we are in favor of some form of screening or protection from ground-mounted utilities, generators, and AC units at least LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the public right-of-way, and perhaps if mechanical equipment were properly defined that could also be included in the grouping. Is that my sense of where this discussion has led? Yes, Vice Chair Thomas. VICE CHAIR THOMAS: Yes, I agree. Maybe it’s not specific enough, so this is where I would defer to Staff, but I think that screened from view or just not viewable from the public right-of-way, and maybe our Town Attorney needs to be the one to word this. I don’t feel like we should require it to be enclosed. I am personally comfortable with having landscaping. I feel like that in some ways might be less weird looking in some cases, so defining how it has to be screened by building or fencing is important, but just whatever would be the most straightforward with regard to being objective and being able to interpret is what I would be in favor of. CHAIR RASPE: Thank you. Again, to modify my earlier comments then, Commissioners, the ask seems to be that those ground-mounted utilities, generators, and AC units that directly serve the utility shall be screened from view, either by structure or landscaping, from the public right-of-way. Yes, Commissioner Mayer. COMMISSIONER MAYER: I think that’s confusing, because let’s say you have an AC unit and it’s in the LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 backyard. It’s already not visible from the public right- of-way, so is that considered “screened,” or are people going to interpret that as they have to add an additional screen around it? CHAIR RASPE: How about we just say shall not be visible from the public right-of-way? COMMISSIONER MAYER: Yes, that works. That implies that if it is visible from the public right-of-way it requires a screen. CHAIR RASPE: I would agree. I think that’s implied in that discussion. Yes, Vice Chair Thomas. VICE CHAIR THOMAS: I agree that it does and that’s the spirit of what we mean, so however Staff feels most comfortable about wording that and checking with the Town Attorney on the interpretation of that I think is what we should propose to Town Council. CHAIR RASPE: So if that’s clear enough to the Commissioners sitting here, by a show of hands those who wish to include that as a recommendation to Town Council? Okay, four to one, so that carries. Than according to my notes our recommendation will be the redline changes that were included within the Staff Report, and additionally from the San Mateo LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 guidelines sub (e), (2), (A)(C)(D) and (E), and sub (h) as modified per this discussion. Yes, Ms. Armer. JENNIFER ARMER: Through the Chair, I wanted to check to see whether the two changes identified by the Vice Chair, page 5, putting cut and fill in italics for G, and page 6, giving a title to R, shall be included? CHAIR RASPE: Yes, sorry, I should have put that in. Commissioners, are those changes that the Vice Chair has previously noted acceptable? I’m sorry; I think the Vice Chair is going to add one more? VICE CHAIR THOMAS: No, those two are the only ones. CHAIR RASPE: Very good. Commissioners, by a show of hands those are acceptable changes then. The changes are acceptable. To Staff, do you need a motion, or are these recommendations adequate in their current form? RYAN SAFTY: We need a motion. You’ve got to make the finding. JENNIFER ARMER: And a recommendation of the ordinance to Town Council. CHAIR RASPE: Very good. Commissioner Barnett. COMMISSIONER BARNETT: I’m prepared to make the motion. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: Please. COMMISSIONER BARNETT: I’m going to try to simplify this, and then I’ll ask Staff if it is sufficient. I move to forward a recommendation to the Town Council for the amendments that are specified in the subject line of the Town Planning Commission report of April 5, 2024. I can make the findings in accordance with CEQA. I can make the finding that the amendments are consistent with the General Plan, and I’m open to any suggestions for further changes. CHAIR RASPE: Thank you. Ms. Armer. JENNIFER ARMER: Through the Chair, I was going to suggest specific reference to the exhibits that were prepared. Exhibit 4 shows the draft changes, that that be also part of the motion. COMMISSIONER BARNETT: I’m sorry; I meant to include that. The items upon which the majority of the Commission has voted tonight be included as part of the recommendations to the Town Council. Thank you. CHAIR RASPE: And including Exhibit 4 with the Vice Chair’s changes, correct? COMMISSIONER BARNETT: Yes, let’s make sure that’s in it. Thank you. LOS GATOS PLANNING COMMISSION 4/10/2024, Item #2, Amendments to Town Code re: Senate Bill 9 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: Thank you so much. Commissioners, a second on the motion? I’d be happy to. I’ll second the motion. Comments, questions, Commissioners? Then by a show of hands, can I see all those in favor of the motion? Motion carries unanimously. Thank you so much, Commissioners. That was an interesting a spirited discussion; I’m glad we went through it. COMMISSIONER BURNETT: Question for the Chair. Do we have to find the required findings for SB 9? CHAIR RASPE: I think the required findings were made in the motion. COMMISSIONER BURNETT: That was in the motion? CHAIR RASPE: Yes. COMMISSIONER BARNETT: I made the findings that were specified as necessary in the Commission report. CHAIR RASPE: Thank you so much. And I assume there are no appeal rights given that this is a recommendation. JENNIFER ARMER: Correct, it’s a recommendation. CHAIR RASPE: Great, thank you. (END) This Page Intentionally Left Blank 1 Ryan Safty From:Terence J. Szewczyk Sent:Wednesday, April 10, 2024 3:28 PM To:Jennifer Armer Cc:Ryan Safty Subject:Desk Item for SB9 modifications Follow Up Flag:Follow up Flag Status:Flagged [EXTERNAL SENDER]  Jennifer, Thank you for your capable management of the SB9 applications to date. I think we have  collaborated on six approvals to date. I have just one concern:  SB9 is a ministerial application, and the Town planning staff struggles with that definition, having  been indoctrinated with broad and unchecked discretion in the review of applications. The CA  Legislature dealt with these issues and intentionally removed the  neighborhood opposition by removing noticing requirements. Why does  the Town persist in the unlawful notification of neighbors? Should we  elevate this to mail fraud since staff sends notices that conflict with  California law? This noticing requirement was added as a great notion by  one council member without advice from silent senior staff. DEFINITION OF MINISTERIAL ATTACHMENT 6 2   Best regards, Terry  Terence J. Szewczyk. P.E.