Planning Commission Packet - 05-14-2025Page 1
TOWN OF LOS GATOS
PLANNING COMMISSION AGENDA
MAY 14, 2025
110 EAST MAIN STREET
TOWN COUNCIL CHAMBERS
7:00 PM
Emily Thomas, Chair
Kendra Burch, Vice Chair
Jeffrey Barnett, Commissioner
Susan Burnett, Commissioner
Joe Sordi, Commissioner
Steven Raspe, Commissioner
Rob Stump, Commissioner
IMPORTANT NOTICE
This is a hybrid/in-person meeting and will be held in-person at the Town Council Chambers at
110 E. Main Street and virtually through the Zoom webinar application (log-in information
provided below). Members of the public may provide public comments for agenda items in-
person or virtually through the Zoom webinar by following the instructions listed below. The
live stream of the meeting may be viewed on television and/or online
at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device: Please click
this URL to join: https://losgatosca-
gov.zoom.us/j/84581980917?pwd=HBC1JDVAnIv95RNwWbWOUU0PKq949O.1 Passcode:
943933. You can also type in 845 8198 0917 in the “Join a Meeting” page on the Zoom
website at https://zoom.us/join and use passcode 943933.
o When the Chair announces the item for which you wish to speak, click the “raise hand”
feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your
telephone keypad to raise your hand.
Telephone: Please dial (877) 402-9753 for US Toll-free or (636) 651-3141 for US Toll.
(Conference code: 602463). If you are participating by calling in, press #2 on your telephone
keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the Chamber benches
and return it to the Vice Chair before the meeting or when the Chair announces the item for
which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Chair’s discretion.
(2) If you are unable to participate in real-time, you may email planning@losgatosca.gov with
the subject line “Public Comment Item #__” (insert the item number relevant to your
comment).
(3) Deadlines to submit written public comments are:
11:00 a.m. the Friday before the Planning Commission meeting for inclusion in the agenda
packet.
11:00 a.m. the business day before the Planning Commission meeting for inclusion in an
addendum.
11:00 a.m. on the day of the Planning Commission meeting for inclusion in a desk item.
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MEETING CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS (Members of the public may address the Commission on matters
not listed on the agenda and are within the subject matter jurisdiction of the Commission. Unless
additional time is authorized by the Commission, remarks shall be limited to three minutes.)
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Planning Commission
acts on the consent agenda, any member of the Commission may request that any item be
removed from the consent agenda. At the Chair’s discretion, items removed from the consent
calendar may be considered either before or after the Public Hearings portion of the agenda.)
1. Draft Minutes of the April 23, 2025 Planning Commission Meeting
2. Draft Minutes of the April 30, 2025, Special Planning Commission Meeting
3. Consider an Appeal of a Community Development Director Decision to Deny a Fence
Exception Request for an Existing Fence Partially Located in the Town’s Right-of Way
and Exceeding the Height Limitations within the Required Front Yard and Street-Side
Yard Setbacks on Property Zoned R-1D. Located at 10 Charles Street. APN 532-36-022.
Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or
Conversion of Small Structures. Fence Height Exception Application FHE-23-001.
Property Owner/Applicant/Appellant: Firouz Pradhan. Project Planner: Sean Mullin.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a
total of five minutes maximum for opening statements. Members of the public may be allotted
up to three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of three minutes maximum for closing
statements. Items requested/recommended for continuance are subject to the Commission’s
consent at the meeting.)
4. Consider Making a Recommendation to the Town Council on an Ordinance Amending
Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9 (SB 9) in Response to
the Provisions of Senate Bill 450 (SB 450). 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-25-002. Project
Location: Town Wide. Applicant: Town of Los Gatos.
OTHER BUSINESS
5. Forward a Recommendation of Approval to the Town Council for the Draft Proposed
Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2025/26 – 2029/30.
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REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
SUBCOMMITTEE REPORTS / COMMISSION MATTERS
ADJOURNMENT (Planning Commission policy is to adjourn no later than 11:30 p.m. unless a
majority of the Planning Commission votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to
make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].
NOTE The ADA access ramp to the Town Council Chambers is under construction and will be
inaccessible through June 2025. Persons who require the use of that ramp to attend meetings
are requested to contact the Clerk’s Office at least two (2) business days prior to the meeting
date.
NOTICE REGARDING SUPPLEMENTAL MATERIALS Materials related to an item on this agenda
submitted to the Planning Commission after initial distribution of the agenda packets are
available for public inspection at Town Hall, 110 E. Main Street, Los Gatos and on the Town’s
website at www.losgatosca.gov. Planning Commission agendas and related materials can be
viewed online at https://losgatos-ca.municodemeetings.com/.
Planning Commission meetings are broadcast Live on KCAT, Channel 15 (on Comcast) on the 2nd and 4th Wednesdays at 7:00 p.m.
Live and Archived Planning Commission meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/14/2025 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
APRIL 23, 2025
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, April 23, 2025, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL Present: Vice Chair Kendra Burch, Commissioner Jeffrey Barnett, Commissioner Susan Burnett,
Commissioner Steve Raspe, Commissioner Rob Stump
Absent: Chair Emily Thomas
PLEDGE OF ALLEGIANCE VERBAL COMMUNICATIONS
Eli Robus
- I’m a field representative for Carpenters Union Local 405 and I’m here to address the need
for labor standards in upcoming Los Gatos projects. Construction is a dangerous occupation
and it is concerning that health care is often not guaranteed for workers. Another essential
labor standard that should be considered is requirements to hire workers from an
accredited apprenticeship program.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Amended Minutes – April 9, 2025
2. Consider making a recommendation to the Town Council on an ordinance amending
Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9 (SB 9) in response to
the provisions of Senate Bill 450 (SB 450). 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-25-002. Project
location: Town wide. Applicant: Town of Los Gatos.
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Director Paulson indicated there were two speaker cards for Item 3, 10 Charles Street, to be
pulled.
Item 3 was pulled from the Consent Calendar.
MOTION: Motion by Commissioner Raspe to approve adoption of the Consent
Calendar with the exception of Item 3. Seconded by Commissioner
Stump.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
3. 10 Charles Street
Fence Height Exception Application FHE-23-001
APN 532-36-022
Property Owner/Applicant/Appellant: Firoz Pradhan
Project Planner: Sean Mullin
Consider an appeal of a Community Development Director decision to deny a fence
exception request for an existing fence partially located in the Town’s right-of-way and
exceeding the height limitations within the required front yard and street-side yard
setbacks on property zoned R-1D. Categorically exempt pursuant to CEQA Guidelines
Section 15303: New Construction or Conversion of Small Structures.
Director Paulson indicated that Item 3 was requested to be continued, but before continuing
the item the Commission would hear from two public speakers.
Opened Public Comment.
Kevin Chesney
- I am the owner of 2 Charles Street. I expressed my concerns last time. Like my neighbor,
Kent Anderson, I was unaware of the violation the Town raised with respect to the fence
until the appeal. We tried to work with my neighbor as far back as 2022 to address my
concerns, telling him I thought it was unsafe, but he built the fence. My other neighbor,
Matthew Daily, who also objected, would be here if he were not traveling.
Kent Anderson
- I live across the street from the appellant and would witness an accident there almost once
a month. That’s one of the busiest places in Los Gatos, people go through there fast, and
probably hundreds of children walk by there from 8:00am-8:30am. Vehicles cannot stop at
the stop sign, as they must roll past the stop sign line, which is into the crosswalk, in order
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to see around the corner. This is a serious hazard. Additionally, the appellant’s lattice work
does not meet code to be only 20percent obscured; his is probably double that.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to continue the public hearing for Item
3, 10 Charles, to the first available date certain. Seconded by
Commissioner Barnett.
The Maker of the Motion amended the motion to a date certain of May 14, 2025.
The Seconder of the Motion accepted the amendment to the motion.
VOTE: Motion passed unanimously.
4. 16548 Ferris Avenue
Conditional Use Permit U-25-002
APN 532-07-127
Applicant: Rekha Mundkur, Mariposa Montessori School
Property Owner: Faith Lutheran Church
Project Planner: Maria Chavarin
Consider a request for approval to modify an existing Conditional Use Permit for an
increase in the hours of operation in a nursery school (Mariposa Montessori School) on
property zoned R-1:8. Categorically exempt pursuant to the California Environmental
Quality Act (CEQA) Guidelines Section 15301: Existing Facilities.
Maria Chavarin, Planning Technician, presented the staff report.
Opened Public Comment.
Minal Singh
- I’m the President of the Board of Directors for the Mariposa Montessori School, and we
have our Executive Director, Rekha Mundkur, here as well. We are essentially extending
our aftercare hours to meet the needs of parents who have requested this.
Closed Public Comment.
Commissioners discussed the matter.
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MOTION: Motion by Commissioner Burnett to approve a Conditional Use Permit
for 16548 Ferris Avenue. Seconded by Commissioner Stump.
VOTE: Motion passed unanimously.
5. 16511 Cypress Way
Architecture and Site Application S-24-045
APN 532-24-004
Applicant: Michael Harris
Property Owners: Jackie and Scott Kolander
Project Planner: Suray Nathan
Consider a request for approval to demolish an existing accessory structure and
construct a new accessory structure exceeding 1,000 square feet in gross floor area, and
site improvements requiring a Grading Permit on property zoned HR-2½. Exempt
pursuant to CEQA Section 15303(a): New Construction or Conversion of Small
Structures.
Suray Nathan, Assistant Planner, presented the staff report.
Opened Public Comment.
Michael Harris, Applicant
- I am the architect for the Kolanders. We are replacing the two-car garage with a three-car
garage in the same place. The materials and colors are designed to match the existing
house. The garage cannot be seen from the street, and from the back there is the bulk of
the roof, which meets the LRV requirements. The southeast corner of the garage is steep,
and in order to maintain the same garage level without having to redo the driveway or its
approach, we have to do extra grading at that corner. Being that the site is in a high fire
severity zone, we have gone through the alternate means and methods with the County
Fire Department and received approval.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Barnett to deny an Architecture and Site
Application for 16511 Cypress Way. Seconded by Commissioner Stump.
VOTE: Motion passed 4-1 with Commissioner Raspe dissenting.
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Vice Chair Burch indicated that she would recuse herself from participating in the public
hearing for Item 6, 15349-15367 Los Gatos Boulevard.
6. 15349-15367 Los Gatos Boulevard
Architecture and Site Application S-24-015
Conditional Use Permit U-24-006
Subdivision Application M-24-008
APNs 424-19-048 and 424-19-049
Applicant: City Ventures
Property Owner: Jonathan Peck
Project Planner: Sean Mullin
Consider a request for approval to demolish existing commercial structures, construct a
multi-family live/work development (55 units), a Conditional Use Permit for a live/work
development, a Condominium Vesting Tentative Map, site improvements requiring a
Grading Permit, and removal of large protected trees, under Senate Bill 330 (SB 330) on
property zoned CH:HEOZ. No additional environmental review is necessary pursuant to
CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, since the
proposed project’s environmental impacts were adequately addressed in the 2020
General Plan EIR and/or 2040 General Plan EIR, as applicable.
Joel Paulson, Community development Director, presented the staff report.
Opened Public Comment.
Pamela Nieting, Applicant
- I am Vice President at City Ventures, a Bay Area builder focused on infill developments and
developments close to transit as part of our core belief in creating partnerships with
municipalities. Our project is for 55 townhomes that provide eight below market rate units,
four low AMI units, and four moderate units. The live/work units are along Los Gatos
Boulevard, and the project would have two access points plus a parking lot. The existing
site only has access to Los Gatos Boulevard, but now it would be off Garden Lane. The
project would have access to VTA. Also included is a bulb-out at Garden Lane to access Oak
Hill Park kitty-corner to the site.
James Paulson
- I live at 253 Oakdale Drive, the corner directly across from the back of this proposed
addition. We go down to the playlot with our grandchildren all the time, and one of our
concerns is obviously traffic. Garden Lane is a back way for everyone to get through our
neighborhood, so this project will impact us if it goes through. The street already has a
huge amount of parking issues from the many employees of local businesses parking there,
so we’re concerned about a big increase in traffic. There are 15 SB 330 projects in Los Gatos
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coming up. What used to be a nice neighborhood is now turning into an urban
environment, which we don’t want.
Karen Yamamoto
- I live off Benedict Lane, which is right off Garden Lane. This SB 330 build should not be
approved right now; we want the SB 330 builds all together when the Planning Commission
decides what to do, because they will have a big impact on us. This project needs to be put
on hold, not approved right away, and the Planning Commission should take CEQA into
consideration. All these constructions need to be analyzed by CEQA and looked at as a
whole, not as individual projects.
Lee Fagot
- Ms. Yamamoto made good points about considering this development in the context of all
the other developments being proposed along Los Gatos Boulevard, and then make a
judgement. The Boulevard is facing some issues of the water table underneath that area,
and it lies along a series of earthquake fault zones. Other infrastructure concerns include
sewage, water, electricity, etc. This building is only 5-8 feet back from the street, and then
goes up 45’, it doesn’t look like anything in Los Gatos
Pamela Nieting, Applicant
- We hired some of the best engineers to thoroughly look at capacity, sizing, etc. We did a lot
of geotechnical studies, and we also are following and abiding by the AP Act. We had two
different types of geotechnical engineers to make sure that we had the correct findings
about the earthquake faults that are in the area. With regard to CEQA, the project is looked
at individually and within the context of the Housing Element. We not only did the Vehicle
Miles Travels and Level of Service, but also driveway counts along Garden Lane, specifically
for the different concerns of the neighbors. For the last two weeks I’ve come at different
hours of the day to kind of see what traffic patterns are, and there is different traffic
patterns based on the end use, meaning if it’s residential versus commercial, but we care
about the neighbors on Garden Lane, so we did that.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Raspe to approve an Architecture and Site
application, Conditional Use Permit, and Subdivision application for
15349-15367 Los Gatos Boulevard, subject to recommendation for the
applicant to work with staff on the consulting architect recommendations
for design elements, and recommending the Town Council direct staff to
develop a method to study the cumulative impacts of the SB 330
projects, including this project.
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Commissioners discussed the matter.
Opened Public Comment
Applicant answered Planning Commission questions.
Closed Public Comment
Seconded by Commissioner Barnett.
VOTE: Motion passed unanimously.
REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
Joel Paulson, Director of Community Development
• None.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Burnett
- The HPC met on April 23, 2025:
o Reviewed three requests to remove a home from the historic inventory. One item
was granted, and the other two items will be returning to the HPC.
o A review for exterior alteration and construction of a second story addition.
o Discussed landmark designations.
ADJOURNMENT
The meeting adjourned at 9:38 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 23, 2025 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/14/2025
ITEM NO: 2
DRAFT
MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING
APRIL 30, 2025
The Planning Commission of the Town of Los Gatos conducted a Special Meeting on
Wednesday, April 30, 2025, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 PM
ROLL CALL
Present: Chair Emily Thomas, Vice Chair Kendra Burch, Commissioner Jeffrey Barnett,
Commissioner Rob Stump
Absent: Commissioner Susan Burnett, Commissioner Steve Raspe
PLEDGE OF ALLEGIANCE
VERBAL COMMUNICATIONS
None.
PUBLIC HEARINGS
1. 14859, 14917, 14925, 16392 Los Gatos Boulevard; 16250, 16260, 16270 Burton Road;
and Assessor Parcel Number 424-07-116
Architecture and Site Application S-23-031
Subdivision Application M-23-005
APNs 424-07-000, -052, -053, -081, -094, -095, -115, and -116
Applicant: Grosvenor Property Americas c/o Steve Buster
Property Owner: Yuki Farms LLC
Project Planner: Jocelyn Shoopman
Consider a request to construct a mixed-use residential development (450 units), a
Vesting Tentative Map, site improvements requiring a Grading Permit, and removal of
large, protected trees under Senate Bill 330 (SB 330) on property zoned North Forty
Special Plan: Housing Element Overlay Zone.
Jocelyn Shoopman, Senior Planner, presented the staff report.
Opened Public Comment.
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MINUTES OF PLANNING COMMISSION SPECIAL MEETING OF APRIL 30, 2025
Steve Buster, Applicant
- I’m Senior Vice President of Development for Grosvenor. In 2021, we turned our attention
to Phase II and began an extensive community engagement process. By January 2023, the
Town’s Housing Element and CEQA analysis were adopted, redesignating the site to 30 to
40 dwelling units per acre. Our application was deemed complete in April 2025, and in July
2024 HCD certified the Town’s Housing Element. The Town’s RHNA requirement is 1,993
units and the Town looks to the North Forty site to accommodate a significant portion of
those units. We have designed a project that meets the Town’s needs and is consistent
with the Town’s Housing Element. The project’s impacts are within the scope of the 2040
General Plan EIR, which the Town relied upon when adopting the Housing Element.
Grosvenor is not invoking Builder's Remedy. This application meets the Town’s land use
and density approved in the Housing Element. We planned the site to provide over eight
acres of open space, a retail promenade, pedestrian and bike connections, a potential
future extension of Burton Road, and 450 homes with 127 townhomes, and a mix of sizes
and bedroom counts. The project provides 77 units of affordable housing, 67 of which will
be built by our partner, Eden Housing, and Grosvenor is making a significant land donation
to Eden to make that project possible. Lastly, 250 units, including 10 affordable, will be
delivered in the multi-family rental building, also with a variety of sizes and unit types; the
building was designed and placed along Los Gatos Boulevard to preserve hillside views
from Highway 17.
Gia Pham
- I am the Communications Coordinator at Housing Choices, a non-profit that helps people
with intellectual and developmental disabilities (IDD) find and retain housing. We support
the North Forty Phase II project. This project includes about 16 homes for people with IDD,
but it provides more than housing, it integrates these residents into the broader
community. These units are all in the affordable housing building, but it is integrated into
the entire plan, and without affordable options like this, many face homelessness. Without
projects like North Forty Phase II, the housing crisis will keep leaving those with disabilities
behind.
Blake Thomas
- I live at 16210 Escobar Avenue. I speak in strong support of this development. It provides
hundreds of desperately needed homes. Our inability to build new homes is a chief cause
of the housing crisis issues in Los Gatos, and denser, multi-family developments like this
ease affordability and play a vital role in funding Town services. This project creates no
unique traffic or safety concerns, which have been issues in this Town for years and likely
will still be if this development is built, but this development will provide tax revenue to
fund pedestrian, bike, and transit infrastructure.
Katherine Mancuso
- I live at 14287 Mulberry Drive and I grew up here, but my 28-year-old son, who has
intellectual disabilities and lives independently, has to live in Santa Clara, where he was
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able to qualify for housing. It would be fantastic if he could live in Los Gatos where he has
friends, his doctors and dentist, and his grandmother. He would be able to walk to my
house from this development.
Jan Olson
- I live at 15189 Lester Lane. Sadly, North Forty Phase I did not become what was promised
and in most peoples’ opinion does not fit the look and feel of Los Gatos. I am here today
due to Housing Choices and the need to have at least 16 units, if not more, designated for
adults with intellectual and development disabilities. My 36-year-old daughter was
diagnosed with autism at age 17 and loves living in the community. Designating 16 units for
adults with IDD will provide local housing for our kids to live independently near their
families, jobs, and services; support stability and community inclusion; and help Los Gatos
meet its Housing Element goals and avoid Builder's Remedy.
Michelle Capriotti
- I am a mother of four and a special education teacher of 23 years. I am here to speak of the
need to include all students in our community. Our youngest son, Christopher, is a 20-year-
old man with autism and an intellectual disability. The North Forty Phase II development
could someday be his home. My son just attended a job fair, and wants to stay in this area
where he is close to his family and friends and has access to transportation. I want to set
my son up for the success he is capable of, given the opportunity, and this housing program
would provide that opportunity.
Chris Capriotti
- This housing project is important to me because it has good apartments that I could maybe
move into after I finish college. I’d be close to family and friends while living independently
and working, and that would be a huge positive impact on my life and the lives of many
others like me. Thank you for your time and I hope you build these apartments for our
community.
John Capriotti
- I’m also in strong support of this. As a realtor I understand the need for affordable housing,
and especially the need for housing for individuals with developmental disabilities. 16 units
is a good number to start with, but obviously we need a lot more than that. As parents, we
just want to give our kids a chance to become everything they can be. I’m very proud of
Christopher, and he was very nervous coming up here today, but he’s a kid who tackles
things head on, and having the opportunity to live on his own in a community where he
could work, is one of the things that makes Los Gatos special.
Noa Sklar
- My younger daughter is autistic, and she is now graduating on the Dean’s List, and now is
an opportunity for developmentally disabled people to be independent, so we definitely
need housing units for special needs. 16 units is a joke and there should be more. When we
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first started to hear about the North Forty, all you could hear was “affordable housing.”
Where is the affordable housing? All I see are million-dollar apartments at the North Forty.
I need my daughter to live near me, and not in Santa Clara or Cupertino. She will probably
never be able to earn enough to live in Los Gatos, but she deserves to.
Sara Grignon
- I am a director at Hope Services, a service provider for people with intellectual and
developmental disabilities. I support the North Forty development, particularly for the
inclusion of affordable housing and designated units for adults with IDD. Hope Services
provides independent living skills training, and supported living, for people who live
independently in their own apartments; anywhere from drop-ins to a couple hours a week,
to 24-hour support. Many of the families we support live in Los Gatos and are looking for
places in the community that their adult children can call home. These people grew up
here, attended school here, and now deserve the opportunity to thrive in their hometown.
Lee Quintana
- There is opposition because of the building heights, but consider that this an SB 330
application; it is not Builder's Remedy; that it is located on a Housing Element site, which
requires a minimum of 30 units per acre, and this barely meets that requirement. There are
only two ways to decrease building height: 1) Get rid of the podium parking and put it
elsewhere on-site; or 2) Reduce the number of units, putting them elsewhere on-site. The
only way to do either would be to occupy some of the open space, which is one of the
strong points of this proposal, so neither of those solutions would be supported by the
community. I’ve been involved with the North Forty since the beginning, and I hope it does
not take another 10 to 15 years to get this project through. I support approving this project
as quickly as possible.
Dennise Jauregui
- I am the Executive Director of Housing Choices and strongly support the North Forty
project, particularly the inclusion of IDD units. The lack of access to affordable housing is
the number one reason adults with developmental disabilities are unable to move out of
the family home and live independently. I hope you will consider moving this project
forward.
Shiva Risi (phonetic)
- One argument that has stood out was the promise of commercial prosperity with the North
Forty Phase II, but if Phase I is any indication, that ground level commercial area has been
vacant for over two years, and the parking lot was unfinished for a very long time. Is there
any safeguard that these promises will actually materialize? I don’t think 16 units would
support the IDD community’s needs, and is there any guarantee these will not become
more multi-million-dollar units with minimal affordable housing?
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Pamela Emanuel
- I am a retired person who has lived in the Phase I housing since it first opened. If it were
not for the Phase I project, I would not be able to live in this community, and it is a blessing
to be able to live in this community near my family in below market housing. I would like to
see more affordable housing so people can live here, and not on the street or in their cars. I
also have a child with a disability, and I worry about him, but affordable housing would
remedy that.
Karen Yamamoto
- I’m a retired special education teacher. I have a problem with this development for several
reasons. I love the IDD element, I love the affordable housing, and it has a lot of good
things going for it, but my issue is that it is part of the SB 330 build and will create
infrastructure issues. It should be included with the EIR as a cumulative effect with the rest
of the SB 330 projects. This should not be looked at individually, but rather looked at as a
whole. There are 14 SB 330 projects that are going to play havoc with the infrastructure
and be extremely costly for the Town. How will the developer guarantee that they will fix
the sewer and water issues and not just tap into them, like in Phase I, which caused sewage
to back up into our houses off of Benedict Lane. I also have low water pressure at my house
because of Phase I. I’m also concerned they would put a facility for the IDD community on a
flood zone and earthquake zone. How does that pass CEQA?
Ali Sapirman
- I am here on behalf of the Housing Action Coalition, a nonprofit that supports housing at all
income levels, to express our strong support of the North Forty Phase II project. The project
is thoughtfully designed around The Meadow, a 3.5-acre public gathering space that
connects homes, retail, and open space. The development team has prioritized bike and
pedestrian connections, a balanced parking plan, and transportation demand strategies to
reduce car dependency. We are also encouraged by the project’s environmental
leadership. This proposal reflects years of community engagement with real input shaping
the design and redesign to meet the Housing Element targets. The project offers broad
public benefit, and we urge the Planning Commission to support North Forty Phase II.
Jennifer Lucas
- I am the Manager of the Central Coast Office of the California State Council on
Developmental Disabilities and want to express our strong support for the North Forty
Phase II development, in particular the inclusion of affordable housing and the designated
units for adults with intellectual developmental disabilities. Many families are grappling
with the difficult decision of what will happen to their adult children with disabilities when
they are no longer able to provide care? And those adult children want the opportunity, as
we all do, to live in their own home. Having low-income units also provides housing for the
direct care staff who support people with IDD and have difficulty living in the area due to
low wages.
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PAGE 6 OF 7
MINUTES OF PLANNING COMMISSION SPECIAL MEETING OF APRIL 30, 2025
Lee Fagot
- I am encouraged to hear the development proposal, because in Phase II I think the more
affordable housing units and the assisted living type of facilities would be very important.
My concern though is the fact that we don’t yet have the Environmental Impact Report for
this development yet, and we also need to look at it under the CEQA guidance, which
summarized the impact of not just this development, but those along and near this same
development. There will be more than 1,000 housing units along Los Gatos Boulevard,
many built under SB 330, and the Town has to consider the impact that will have on this
development and the existing residents in that neighborhood in the form of water issues,
sewage issues, and other utility service requirements that have to be remedied, and this
should be done in advance of the building or as part of the development.
Rich Stephens
- I live on Benedict Lane, and I love that this is not using Builder's Remedy. I support the
project, but would like to add that I don’t like the five to seven story buildings at all and am
terrified at the safety, infrastructure, and height of them, but at least they are similar to the
other North Forty characteristics and to buildings in that area. I share Karen Yamamoto’s
and Lee Fagot’s concern and believe we must do a full and complete EIR and consider CEQA
before any of these projects are approved. Traffic on Los Gatos Boulevard towards Good
Samaritan is already horrible, and I believe there is an area of that North Forty area that
floods already with rain, so what will be done about those types of things?
Steve Buster, Applicant
- All our consultants are here to answer your questions. I want to reassure everyone that this
project’s individual and cumulative impacts are within the scope of the 2040 General Plan
EIR, which the Town relied upon when they passed the Housing Element.
Closed Public Comment.
Commissioners discussed the matter.
1. MOTION: Motion by Commissioner Barnett to continue the public hearing for
14859, 14917, 14925, 16392 Los Gatos Boulevard; 16250, 16260, 16270 Burton Road;
and Assessor Parcel Number 424-07-116 to a date uncertain. Seconded by Vice Chair
Burch.
VOTE: Motion passed unanimously.
Page 18
PAGE 7 OF 7
MINUTES OF PLANNING COMMISSION SPECIAL MEETING OF APRIL 30, 2025
ADJOURNMENT
The meeting adjourned at 9:27 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
Special April 30, 2025 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
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Page 20
PREPARED BY: SEAN MULLIN, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/14/2025
ITEM NO: 3
DATE: May 9, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Community Development Director Decision to Deny a
Fence Exception Request for an Existing Fence Partially Located in the Town’s
Right-of Way and Exceeding the Height Limitations within the Required Front
Yard and Street-Side Yard Setbacks on Property Zoned R-1D. Located at 10
Charles Street. APN 532-36-022. Categorically Exempt Pursuant to CEQA
Guidelines Section 15303: New Construction or Conversion of Small
Structures. Fence Height Exception Application FHE-23-001. Property
Owner/Applicant/Appellant: Firouz Pradhan. Project Planner: Sean Mullin.
RECOMMENDATION:
On April 23, 2025, the Planning Commission continued consideration of this appeal to the May
14, 2025 meeting. The applicant has informed staff that they are not available to attend the
May 14, 2025 meeting due to previously arranged travel plans and requested a continuance to
the next meeting. Staff recommends that the Planning Commission continue consideration of
the appeal to a date certain of May 28, 2025.
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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: 05/14/2025
ITEM NO: 4
DATE: May 9, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Making a Recommendation to the Town Council on an Ordinance
Amending Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9
(SB 9) in Response to the Provisions of Senate Bill 450 (SB 450). 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-25-002. Project Location: Town
Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of amendments to Chapter 29
(Zoning Regulations) of the Town Code for Senate Bill 9 (SB 9) in response to the provisions of
Senate Bill 450 (SB 450).
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), SB 9 ordinances are not a project subject to CEQA.
Page 23
PAGE 2 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
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, 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 allowed 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. On May 21, 2024, Town Council approved Ordinance 2359
(Exhibit 2), which included modifications to the previous ordinance to modify design review
standards and make clarifying revisions. Ordinance 2359 is the Town’s current SB 9 Ordinance.
In September of 2024, Governor Newsom signed new State law, Senate Bill 450 (SB 450), which
went into effect on January 1, 2025 (Exhibit 3). SB 450 updates and expands the required
provisions of SB 9. The SB 450 updates are summarized as follows, and additional details are
provided in the Discussion Section of this report below.
1. Limitation on the imposition of standards on SB 9 projects unless they apply uniformly to
development within the underlying zone;
2. Clarification on the amount of demolition allowed to an existing residence that had
previously been rented;
3. Specification on timelines for local agency processing of SB 9 applications; and
4. Modification to the SB 9 denial finding for “specific adverse impact.”
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PAGE 3 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
DISCUSSION:
Staff has prepared draft amendments to the Town’s SB 9 regulations in Exhibit 4, which
includes a track-changes version (with removed text shown in strike-through text and new text
shown underlined) of the current SB 9 Ordinance. The proposed amendments are either in
direct response to SB 450, or are considered clean-up amendments that staff has identified
since the last time the SB 9 Ordinance was amended in May of 2024.
A. Senate Bill 450 Changes
The most impactful change from SB 450 is that local jurisdictions can no longer adopt
specific zoning, subdivision, or design standards for SB 9 projects that are not uniformly
applicable to development in the underlying (single-family) zoning district. SB 450 also
introduced other revisions to the original SB 9 law, including: clarified standards on the
amount of demolition allowed to an existing residence that had previously been rented;
new processing timelines; and modified denial findings. Each of these four categories
(design standards; demolition; processing timelines; denial findings) are detailed below,
with an explanation on staff’s proposed changes.
1. Design Standards: Previous SB 9 law allowed jurisdictions to adopt objective zoning,
subdivision, and design standards for two-unit development and urban lot split
applications so long as they would not preclude the construction of two, 800-square
foot units with four-foot reduced side and rear setbacks. The Town’s current SB 9
Ordinance includes a Design Review Standards section applicable for two-unit
development applications [Exhibit 2, Town Code Section 29.10.630(2)]. Since SB 9
applications require ministerial review and allow for reduced side and rear setbacks, the
standards were created with the intent of protecting neighbor privacy and enforcing
some of the Town’s residential guidelines to encourage orderly development.
The most significant change from SB 450 is that it now prohibits the Town from adopting
specific zoning, subdivision, or design standards for SB 9 projects that are not uniformly
applicable to development in the underlying (single-family) zoning district. However, the
Town may adopt objective zoning, subdivision, and design standards on SB 9
applications if those standards are more permissive than applicable standards within the
underlying zone.
Staff’s proposed edits in Exhibit 4 would remove the majority of the design standards
applicable to two-unit housing developments as they are not uniformly applicable to
development in the underlying zone. For example, the Town’s current SB 9 Ordinance
prohibits roof top decks, but this standard is not uniformly applied to all development in
the underlying residential zones (i.e. an Architecture and Site Application in the R-1:8
zone can propose a roof top deck; Town Code does not prohibit a roof top deck for all
residential properties). Although the Town’s Residential Design Guidelines contain
Page 25
PAGE 4 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
standards and guidelines related to second-story decks and balconies, these are not
objective standards that are uniformly applicable in the underlying zone, and exceptions
to the Town’s Residential Design Guidelines can be requested. The following design
standards would be removed: 16-foot building height limitation when within a required
side or rear setback of the underlining zoning district; five-foot retaining wall height
limitation; rooftop and second-floor terrace and deck prohibition and balcony limitation;
requirement that the front entryway match the adjacent eave height; front porch depth
and width limitations; nine-foot second story setbacks along the side and rear property
lines; garage door size limitations; plate height restrictions; prohibited exterior
materials; and screening of mechanical equipment.
Additionally, the previous requirement that the first residential unit built with an SB 9
two-unit housing development application be limited to 1,200 square feet is no longer
applicable based on SB 450. Town Council had previously included this requirement in
the Town’s SB 9 Ordinance to encourage one of the units to be affordable by limiting the
size.
Staff also reviewed Town Code and applicable policy documents and added additional
objective standards in the draft Ordinance (Exhibit 4) that meet the requirements of SB
450. In order to maintain some of the hillside protection standards, staff proposes
adding a “Hillside Area” definition to the draft amendments applicable to all properties
within Hillside Area Map per the Town’s Hillside Development Standards and Guidelines
(HDS&G) and incorporate relevant objective standards from this document. The existing
SB 9 standards derived from the HDS&G that were applicable to all properties would
now only be applicable to properties in the Hillside Area. Standards related to driveway
back-up space, size of detached garages, parking space dimensions, through lots with a
“front” setback on both street frontages, setbacks when adjacent to a protected
waterway, glare limitations, sidewalk requirements, etc. are also proposed, each of
which was derived from existing Town Code or applicable Town policy documents.
2. Demolition: Previous SB 9 law restricted the amount of demolition allowed to an
existing residential unit when proposing a new SB 9 application, whether the application
was for a two-unit housing development or an urban lot split. Previously, SB 9 law had
two separate provisions: one stating that no demolition or alteration to an existing
residence is allowed with either an urban lot split or two-unit housing development if
the housing is subject to a recorded covenant or law restricting levels of affordability,
housing subject to any form of rent or price control, or housing that has been occupied
by a tenant in the last three years [Government Code Sections 65852.21.(a)(3) and
66411.7.(a)(3)(D)]; and the second stating that a two-unit housing development cannot
result in the demolition of more than 25 percent of the existing exterior structural walls
unless either the local ordinance allows, or the site has not been occupied by a tenant in
the past three years. The two provisions were previously combined in the Town’s SB 9
Ordinance in Town Code Sections 29.10.630(3)(e) and 29.10.650(2)(h) (Exhibit 2).
Page 26
PAGE 5 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
SB 450 clarified the demolition provisions so that no form of demolition or alteration to
an existing residence is allowed if it had been subject to a recorded covenant or law
restricting levels of affordability, housing subject to any form of rent or price control, or
housing that has been occupied by a tenant in the last three years. Additionally, there is
no longer a 25 percent limitation on the amount of demolition of exterior walls of an
existing residence associated with a new two-unit housing development as long as it has
not been rented in the last three years.
The draft amendments in Exhibit 4 would simply remove reference to the “25 percent of
exterior walls” limitation so that the Town’s Ordinance matches SB 9 law as updated by
SB 450. Additionally, staff recommends adding a new, stricter definition of “demolition”
for SB 9 applications as the Town Code’s demolition definition allows up to 50 percent
removal of exterior framing, and the intent of SB 9 is to not allow any alteration or
demolition to an existing residence subject to a recorded covenant or law restricting
levels of affordability, housing subject to any form of rent or price control, or housing
that has been occupied by a tenant in the last three years.
3. Processing Timelines: SB 450 creates new, strict timelines for local agency processing of
SB 9 applications. The Town must now render a decision on an SB 9 project within 60
days of receiving a complete application, and if the Town fails to act within this
timeframe, the application is deemed approved. Additionally, if the Town were to deny
an SB 9 application, the Town must provide a full set of comments to the applicant with
a list of items that are defective or deficient and a description of how the applicant can
remedy the application.
The draft amendments in Exhibit 4 would add these new processing timelines within the
SB 9 Ordinance.
4. Denial Findings: Previous SB 9 law allowed denial of an SB 9 application if the Building
Official made a written finding that the project would have a specific, adverse impact
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. SB 450
modified this language, removing review of a project’s impact on the physical
environment for the permissible denial findings.
The draft amendments in Exhibit 4 would remove “the physical environment” from the
denial findings sections within the SB 9 Ordinance.
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PAGE 6 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
B. Ordinance Clean-Ups
The following is a summary of the other substantive 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:
Purpose and Applicability [Section 29.10.600]. For compliance with State law, the
following line would be removed as it is no longer valid: “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.”
Definitions [Section 29.10.610]. In addition to the items discussed above, the definition
of “entry feature” would be deleted as the relevant design standard for entry features is
no longer applicable per SB 450. Staff also recommends including the Town Code
definition of “street” within the SB 9 ordinance for clarity purposes.
Building Height [Section 29.10.630(1)(a)]. Per SB 450, the previous requirement that a
building be limited to 16 feet in height if it is located in the Hillside Residential Zone or
within the required side or rear setbacks of the applicable zoning district is not allowed.
Instead, additional height limitations for buildings in the Hillside Area were added,
which are objective standards within the HDS&G.
New Driveways [Section 29.10.630(1)(a)]. Per SB 450, the previous requirements
regarding the number of driveways, maximum width of driveways, number of curb cuts,
and maximum slope are not enforceable.
Dwelling Unit Type [Section 29.10.630(1)(c)]. Clarification to the two-unit development
dwelling unit type was added, specifying that proposed attached units shall meet all
applicable building code standards and be designed sufficient to allow separate
conveyance. This amendment would not change the way SB 9 applications are currently
being processed.
Floor Area Ratio and Lot Coverage [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 situations where a second unit is proposed. The ten percent increase would
not apply if SB 9 is used to develop a single residential unit on a vacant property.
Additionally, two new sections are proposed for clarification purposes based on how the
Town currently processes SB 9 applications. First, specification that below-grade square
footage is allowed in accordance with Town Code Sections 29.10.020 and 29.40.072 was
added. Second, a limitation on the size of detached garages was added in accordance
with Town Code Section 29.20.015.
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PAGE 7 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
Grading [Section 29.10.630(1)(f)]. Modifications to the grading limitation and process
was added to help clarify how the existing process works. First, grading with an SB 9
application is limited to 50 cubic yards (cut plus fill) except for grading within the
building footprint, light wells, vehicular access (driveway), and fire access (fire truck
turnaround). Second, clarification was added to specify that although a ministerial
Grading Permit at building permit stage is required, the associated discretionary
Architecture and Site Application process will not be triggered for review of the grading
work.
Additionally, a standard from the HDS&G limiting grading to just the footprint of the
house, access, guest parking, and turnaround areas was added for properties within the
Hillside Area.
Parking [Section 29.10.630(1)(o)]. Clarification to the parking section was added to
specify that required parking must be met on-site, and that parking dimensions shall
comply with Town Code Section 29.10.155(d).
Setbacks [Section 29.10.630(1)(p)]. Modification to the setback allowances is proposed
to allow both an attached and detached garage to use the reduced setback provisions,
instead of just attached garages included in the current SB 9 Ordinance. Detached
garages under 450 square feet are allowed by Town Code to have a five-foot side and
rear setback requirement; this modification would allow four-foot side and rear
setbacks instead.
Clarification to the garage entry setback is also proposed within Table 1-2 – Setback
Requirements, as this standard has caused confusion with the public in the past. The 18-
foot garage entry setback is only applicable when the required zoning district setback is
less than 18 feet (i.e. an R-1D property has a 15-foot front setback requirement, but
Town Code requires garages and parking spaces have a minimum 18-foot backup
distance).
Additionally, two new setback exceptions are proposed in Table 1-2 – Setback
Requirements for clarification purposes based on how the Town currently processes SB
9 applications. First, in certain instances such as property slope and neighboring building
locations, the required front yard setback may be reduced per Town Code. Second,
through lots with frontage along two streets shall meet the front setback requirement
along both street frontages so that a four-foot rear setback for a primary dwelling unit is
not allowed along a street.
Lastly, as noted above, required setbacks from the Santa Clara County Valley Water
Resources Protection Collaborative Guidelines and Standards for Land Use Near Streams
shall be complied with when building adjacent to protected waterways.
Design Review Standards [Section 29.10.630(2)]. See Discussion Section A, Part 1
(Design Standards) above.
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PAGE 8 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
Eliss Act Eligibility. For consistency with SB 9 law, the following provision is added to
both the two-unit housing development and urban lot split sections of SB 9: “Parcels on
which an owner of residential real property has exercised the owner’s rights under state
law (Government Code Section 7060) to withdraw accommodations from rent or lease
within fifteen (15) years preceding the development application are not eligible for a
two-unit housing development.”
Applicability [Section 29.10.640]. A new applicability section is proposed, clarifying that
when an application includes full site redevelopment, only the work integral to the
construction of the new dwelling units and required access would be processed with the
SB 9 application, and that other work (i.e. backyard grading of a sports court) would
need a separate application.
Expiration [Section 29.10.640 and 29.10.660]. A new expiration section is proposed,
referencing Town Code expiration and vesting requirements for both a two-unit housing
development and urban lot split.
Parking [Section 29.10.650(1)]. A new parking section is proposed for urban lot splits in
accordance with SB 9, requiring that each dwelling unit within an urban lot split contain
adequate area to meet the parking requirements for two-unit housing developments.
Sidewalks [Section 29.10.650(1)]. A new sidewalk section is proposed for urban lot
splits in accordance with Town Code Section 29.10.06712, specifying when new
sidewalks are required with an urban lot split application.
PUBLIC COMMENTS:
Public comments received by 11:00 a.m., Friday, May 9, 2025, are provided in Exhibit 5.
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.
CONCLUSION:
A. Summary
The draft amendments in Exhibit 4 would amend Chapter 29 (Zoning Regulations) of the
Town Code for SB 9 in response to the provisions of SB 450, as well as other clarifying
revisions.
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PAGE 9 of 9
SUBJECT: SB 9 Ordinance Amendments
DATE: May 9, 2025
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 ordinance (Exhibit 4). The
Planning Commission should also include any comments or recommended changes to the
proposed amendments in taking the following actions:
1. Make the required 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 (Exhibit
1);
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 (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the proposed
amendments to Chapter 29 of the Town Code in the draft ordinance (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. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings
2. Current Senate Bill 9 Ordinance 2359
3. Senate Bill 450 State Law
4. Draft Senate Bill 9 Ordinance
5. Public comments received by 11:00 a.m., Friday, May 9, 2025
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PLANNING COMMISSION – May 14, 2025
REQUIRED FINDINGS
Senate Bill 9 Ordinance Amendments
Town Code Amendment Application A-25-002
Consider Making a Recommendation to the Town Council on an Ordinance Amending
Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9 (SB 9) in
Response to the Provisions of Senate Bill 450 (SB 450). 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-25-
002. Project Location: Town Wide. Applicant: Town of Los Gatos.
FINDINGS:
Required finding for CEQA:
In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments
are not a project subject to CEQA because the proposed amendments affect processing of
applications only and will not impact the physical environment. Additionally, in accordance
with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 ordinances are
not a project subject to CEQA.
Required consistency with the Town’s General Plan:
That the proposed amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding Senate Bill 9 are consistent with the General Plan.
EXHIBIT 1
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-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: 2025-03-03 15:03:00 [EST]
(Supp. No. 96)
Page 1 of 13
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 (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.
(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § I, 5-21-24)
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 (10) 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.
EXHIBIT 2
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First residential unit means one (1) of two (2) 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 (2) 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 (2) new
primary dwelling units, one (1) new primary dwelling unit and retention of one (1) existing primary dwelling unit,
or retention of two (2) existing legal non-conforming primary dwelling units where one (1) 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 (2) 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; Ord. No. 2359, § II, 5-21-24)
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 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,
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Article VII, Division 3, "Historic Preservation and LHP or Landmark and Historic Preservation Overlay
Zone."
(4) Excluding very high fire hazard severity zone. A parcel that is not within a very high fire hazard severity
zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code
Section 51178, or within a state responsibility area, as defined in Section 4102 of the Public Resources
Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures applicable to the
development, including, but not limited to, standards established under all of the following or their
successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii)
Section 4290 of the Public Resources Code; and (iii) Section 7A of the California Building Code (Title 24
of the California Code of Regulations).
(5) Excluding hazardous waste sites. A parcel that is not identified as a hazardous waste site pursuant to
Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic
Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of
Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has
cleared the site for residential use.
(6) Excluding earthquake fault zone. A parcel that is not located within a delineated earthquake fault zone
as determined by the State Geologist on any official maps published by the State Geologist, unless the
two-unit housing development complies with applicable seismic protection building code standards
adopted by the California Building Standards Commission under the California Building Standards Law
(Part 2.5 (commencing with Section 18901) of Health and Safety Code Division 13), and by any local
building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(7) Excluding flood zone. A parcel that is not located within a special flood hazard area subject to
inundation by the 1 percent annual chance flood (100-year flood) on the official maps published by the
Federal Emergency Management Agency unless a letter of map revision prepared by the Federal
Emergency Management Agency has 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.
(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § III, 5-21-24)
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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 sixteen (16) feet in height;
b. New driveways. Each parcel shall include no more than a single driveway unless the parcel has
more than one hundred (100) feet of contiguous street frontage or more than one (1) existing
driveway. Any new driveway shall satisfy the following requirements:
1. A minimum width of ten (10) feet up to a maximum width of eighteen (18) feet. Driveways
in the Hillside Residential (HR) zones shall have a minimum width of twelve (12) feet;
2. A minimum depth of eighteen (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 one hundred (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 fifteen (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 (2) dwelling units in a side-by-side or front-to-back configuration within the same
structure or one (1) 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 one thousand two
hundred (1,200) square feet.
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4. When a two-unit housing development is proposed and the existing structures are at or
below the maximum allowed floor area, a ten (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 one thousand two hundred (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 fifty (50)
cubic yards, cut plus fill, except:
i. Light wells that do not exceed the minimum required per Building Code shall
not count as grading activity for the purpose of this section;
ii. Grading activities required to provide the minimum driveway and fire access as
required by the Santa Clara County Fire Department shall not count as grading
activity for the purpose of this section; and
iii. Excavation within the footprint of a primary dwelling unit or garage shall not
count as grading activity for the purpose of this section.
g. Cut and Fill. Two-unit housing developments shall be subject to the cut and fill
requirements specified by Table 1-1 (Cut and Fill Requirements) below:
Table 1-1 - Cut and Fill Requirements
Site Element Cut * Fill *
House and attached garage 8' ** 3'
Detached accessory building * 4' 3'
Driveways *** 4' 3'
Other (decks, yards) * 4' 3'
* Combined depths of cut plus fill for development other than the main residence shall be limited to 6
feet.
** Excludes below grade square footage pursuant to Section 29.40.072 of the Town Code and light-
wells that do not exceed the minimum required per Building Code.
*** Excludes cut and fill for the minimum driveway and fire access standards as required by the Santa
Clara County Fire Department.
h. Building Sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located
on lands with slopes exceeding thirty (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 (5) feet in height and shall not run in a
straight continuous direction for more than fifty (50) feet without a break, offset, or planting
pocket. Retaining walls shall have a five-foot landscaped buffer when adjacent to the street;
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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 (1) 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 (1) or more car-share
vehicles within one (1) 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
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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. 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 (3) 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 (6) feet and a minimum
width equal to twenty-five (25) percent of the linear width of the front elevation;
e. Second story setback. The interior side and rear elevations of the second story of a two-story
primary dwelling unit shall have a minimum setback of nine (9) feet;
f. Garages. Street-facing attached garages shall not exceed fifty (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 ten (10) feet as
measured from finished floor, and when above the first floor the plate height shall be limited to a
maximum of eight (8) feet; and
h. Windows. All second story windows less than ten (10) feet from rear and interior side property
lines shall be clerestory with the bottom of the glass at least six (6) feet above the finished floor
except as necessary for egress purposes as required by the Building Code.
i. Prohibited materials. The following exterior materials are prohibited on all building exteriors:
1. Vinyl siding; and
2. Plywood.
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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 (4) units, with a maximum of two (2) primary dwelling units,
on lots that have not undergone an urban lot split.
b. Accessory dwelling units. In addition to the two (2) residential units allowed under this section,
consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code,
one (1) accessory dwelling unit and one (1) 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 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 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 (3) 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.
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(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; Ord. No. 2351, § III, 11-21-23; Ord. No. 2359, § IV, 5-21-24)
Sec. 29.10.640. Application process for two-unit housing development.
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.
(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § V, 5-21-24)
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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 one thousand two hundred (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;
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:
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1. The date of the approval of the urban lot split when the intent is to live in an existing
residence; or
2. Certificate of occupancy when the intent is to occupy a newly constructed residential unit.
This requirement shall not apply to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the
Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15
of the Revenue and Taxation Code;
e. Non-conforming conditions. The Town shall not require, as a condition of approval, the correction
of nonconforming zoning conditions. However, no new nonconforming conditions may result
from the urban lot split other than setbacks as specified by Table 1-2 (Setback Requirements,
Exception Number 2), maximum allowed lot coverage, and maximum allowed floor area ratio;
f. Number of units. No more than two (2) dwelling units may be located on any lot created through
an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory
dwelling units, density bonus units, and units created as two-unit developments. Any excess
dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise
removed prior to approval of a parcel map;
g. Prior subdivision. A parcel created through a prior urban lot split may not be further subdivided.
The subdivider shall submit a signed deed restriction to the Community Development Director
documenting this restriction. The deed restriction shall be recorded on the title of each parcel
concurrent with recordation of the parcel map;
h. Restrictions on demolition. The proposed urban lot split shall not require either the demolition of
more than twenty-five (25) percent of the exterior walls or alteration of any of the following
types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, 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:
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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.
(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24)
Sec. 29.10.660. Application process for urban lot splits.
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.
(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24)
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Sec. 29.10.670. Sunset clause.
If SB 9 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of
California, this division shall be repealed."
(Ord. No. 2334, § 2, 11-15-22)
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EXHIBIT 3
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DIVISION 10. TWO‐UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
Sec. 29.10.600. Purpose and applicability.
The Town Council finds and determines that this division is applicable only to voluntary applications for two‐
unit housing developments and urban lot splits consistent with Senate Bill (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.
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 (10) percent or more of the interest in the property.
Demolition means any act or process that may cause partial or total razing, removal, destruction, or
dismantling of a structure, whether or not permitted by the Town.
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.
First residential unit means one (1) of two (2) 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.
EXHIBIT 4
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Flag lot means "lot, corridor" as defined in Section 29.10.020 of Town Code.
Hillside Area means all properties located within the Hillside Area Map of the Town’s Hillside Development
Standards and Guidelines.
Nonconforming zoning condition means a physical improvement on a property that does not conform with
current zoning standards.
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.
Street means 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.
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.
Two‐unit housing development means an application proposing no more than two (2) 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 (2) new
primary dwelling units, one (1) new primary dwelling unit and retention of one (1) existing primary dwelling unit,
or retention of two (2) existing legal non‐conforming primary dwelling units where one (1) or both units are subject
to a proposed addition or alteration.
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 (2) 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 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,
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Article VII, Division 3, "Historic Preservation and LHP or Landmark and Historic Preservation Overlay
Zone."
(4) Excluding very high fire hazard severity zone. A parcel that is not within a very high fire hazard severity
zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code
Section 51178, or within a state responsibility area, as defined in Section 4102 of the Public Resources
Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures applicable to the
development, including, but not limited to, standards established under all of the following or their
successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii)
Section 4290 of the Public Resources Code; and (iii) Section 7A of the California Building Code (Title 24
of the California Code of Regulations).
(5) Excluding hazardous waste sites. A parcel that is not identified as a hazardous waste site pursuant to
Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic
Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of
Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has
cleared the site for residential use.
(6) Excluding earthquake fault zone. A parcel that is not located within a delineated earthquake fault zone
as determined by the State Geologist on any official maps published by the State Geologist, unless the
two‐unit housing development complies with applicable seismic protection building code standards
adopted by the California Building Standards Commission under the California Building Standards Law
(Part 2.5 (commencing with Section 18901) of Health and Safety Code Division 13), and by any local
building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(7) Excluding flood zone. A parcel that is not located within a special flood hazard area subject to
inundation by the 1 percent annual chance flood (100‐year flood) on the official maps published by the
Federal Emergency Management Agency unless a letter of map revision prepared by the Federal
Emergency Management Agency has 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.
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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 in the Hillside Area are limited to 25 feet in height, and
the building’s tallest elevation shall not exceed 35 feet measured from the lowest part of the
building to the highest part; 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 sixteen (16) feet in height;
b. New driveways. Each parcel shall be connected to an adjacent street with a driveway. include no
more than a single driveway unless the parcel has more than one hundred (100) feet of
contiguous street frontage or more than one (1) existing driveway. Any new driveway shall satisfy
the following requirements:
1. A minimum paved width of ten (10) feet up to a maximum width of eighteen (18) feet.
Driveways in the Hillside Residential (HR) zones shall have a minimum width of twelve (12)
feet; and
2. A minimum depth of eighteen (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 one hundred (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 fifteen (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 (2) dwelling units in a side‐by‐side or front‐to‐back configuration within the same
structure or one (1) dwelling unit located atop another dwelling unit within the same structure.
Proposed adjacent or attached dwelling units shall meet all applicable building code standards
and be designed sufficient to allow separate conveyance;
d. Fencing. All new fencesing, walls, and gates 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:
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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 one thousand two
hundred (1,200) square feet.
34. When two new primary dwelling units are proposed, or one new primary dwelling unit and
the retention of an existing primary dwelling is proposed, as part of a two‐unit housing
development is proposed and the existing structures are at or below the maximum allowed
floor area, a ten (10) percent increase in the floor area ratio standards for residential
structures is allowed, excluding garages., and tThis 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
one thousand two hundred (1,200) square feet.
4. Below‐grade square footage, in accordance with Town Code Sections 29.10.020 and
29.40.072, is exempt from the floor area maximum.
5. Detached garages shall not exceed 450 square feet without obtaining a separate Minor
Residential Planning Application in accordance with Town Code Section 29.20.480.
65. 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 extentAs required by Chapter 12, Article II and Section 29.10.09045(b) of the Town
Code, the grading activities shall not exceed 50 cubic yards, cut plus fill, unless exempted
per subsection 2 below or unless first receiving approval of a discretionary Architecture and
Site Applicationset forth in subsection 2. below may require a grading permit, but will not
require discretionary review of an architecture and site application;
2. Grading exemptionsactivity associated with a two‐unit housing development shall not
exceed fifty (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 requirements,
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.
Note that these exemptions are only for the discretionary approval
requirement listed in Town Code Section 29.10.09045(b) and not the Grading
Permit requirement at building permit submittal per Town Code Chapter 12,
Article II.
3. In the Hillside Area, graded areas shall not be larger than the area of the footprint of the
house, plus that area necessary to accommodate access, guest parking, and turnaround
areas.
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g. Cut and Fill. Two‐unit housing developments in the Hillside Area 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. For properties in the Hillside Area, The the footprint of the proposed residential
unit(s) and garage(s) shall not be located on lands with slopes exceeding thirty (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 (5) feet in height and shall not run in a
straight continuous direction for more than fifty (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;
ik. 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;
jm. 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;
kn. 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;
lo. Parking.
1. One (1) parking stall per primary dwelling unit shall be required on‐site, 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 (1) or more car‐share
vehicles within one (1) 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
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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.
3. Parking space dimensions, whether uncovered or covered, shall comply with the size
requirements in Town Code Section 29.10.155(d).
mp. Setbacks.
1. 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 other than a detached garage shall
meet the setback development requirements and follow the processing requirements
specified in Town Code Section 29.40.015 (Accessory Buildings).
2. Development proposed adjacent to a protected waterway shall comply with the standards
and provisions of the Santa Clara County Valley Water Resources Protection Collaborative
Guidelines and Standards for Land Use Near Streams document.
Table 1‐2 ‐ Setback Requirements
Setback Requirement(32)
Property Line Setbacks(1) Front(2)(7) Per the applicable zoning
district.(65)
Garage Entry 18 feet, when the required
garage setback is less than 18
feet
Interior Sides 4 feet(43)
Rear(7) 4 feet(43)
Street Side Per the applicable zoning
district.
Separation Between
Detached Structures(43)(54)
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) The required front yard setback may be reduced as specified in Sections 29.40.050, 29.40.055, and
29.40.060 of the Zoning Code.
(32) 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.
(43) 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.
(54) Except for primary dwellings constructed as a duplex or attached single‐family residences.
(65) Flag/corridor lots shall use the interior side setback requirement listed aboves for all property
lines other than the rear.
Formatted: Numbered + Level: 1 + Numbering Style: 1,
2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.99" + Indent at: 1.24"
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(7) Primary dwelling units on a through lot with frontage along two streets, and are not a corner lot,
shall meet the front setback requirement along both street frontages.
nq. 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
or. 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;
a. Glare. Direct or reflected glare, such as that produced by floodlight, visible from outside any
boundary line of a property on which the glare is produced, is prohibited;
b. 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. In the Hillside
Area, decorative lighting, sports court lighting, and unshaded or non‐recessed spotlights are
prohibited;
cb. Finished floor. The finished floor of the first story in the Hillside Area shall not exceed three (3)
feet in height as measured from finished grade;
d. Retaining Walls. Retaining walls for properties in the Hillside Area that are visible from a public
street shall have a veneer of natural stone, stained concrete, or textured surface; and
e. Light Reflectivity Value. For properties in the Hillside Area, exterior material colors for primary
dwelling units and garages shall comply with requirements in Chapter V, Section I, of the Town's
Hillside Development Standards and Guidelines;
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 (6) feet and a minimum
width equal to twenty‐five (25) percent of the linear width of the front elevation;
e. Second story setback. The interior side and rear elevations of the second story of a two‐story
primary dwelling unit shall have a minimum setback of nine (9) feet;
f. Garages. Street‐facing attached garages shall not exceed fifty (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 ten (10) feet as
measured from finished floor, and when above the first floor the plate height shall be limited to a
maximum of eight (8) feet; and
h. Windows. All second story windows less than ten (10) feet from rear and interior side property
lines shall be clerestory with the bottom of the glass at least six (6) 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:
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1. Vinyl siding; and
2. Plywood.
j. Mechanical equipment. Heating, ventilation, and air conditioning (HVAC) units, generators,
energy storage systems (ESS), and other similar ground‐mounted mechanical equipment shall be
screened from view from any adjacent street if not already located out of view behind a building
or solid fence.
(3) General requirements and restrictions. The following requirements and restrictions apply to all two‐unit
housing developments, inclusive of existing and new primary dwelling units, except as provided by
subsection (4) below, "Exceptions:"
a. Number of units. A maximum of four (4) units, with a maximum of two (2) primary dwelling units,
on lots that have not undergone an urban lot split.
b. Accessory dwelling units. In addition to the two (2) residential units allowed under this section,
consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code,
one (1) accessory dwelling unit and one (1) 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 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 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 (3) 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. Ellis Act. Parcels on which an owner of residential real property has exercised the owner’s rights
under state law (Government Code Section 7060) to withdraw accommodations from rent or
lease within fifteen (15) years preceding the development application are not eligible for a two‐
unit housing development.
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gf. 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.
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) Applicability. When an application is submitted that includes both the construction of a two‐unit
development under this section and other redevelopment work that is not integral to the creation of a
new dwelling unit and would generally require discretionary review, only the portions required for
construction of the new dwelling unit shall be reviewed ministerially;
(3) Review Process. The Community Development Director shall consider and approve or deny an
application for a proposed two‐unit housing development pursuant to this section within 60 days from
the date the Town receives a completed application. If the Director has not approved or denied the
completed application within 60 days, the application shall be deemed approved. A completed
application must include all the submittal requirements listed in the associated SB 9 application packet,
as well as the required processing fees;
(42) 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;
(53) 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
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the street and the two (2) parcels on each side of the properties directly across the street). This
noticing is for informational purposes only and is not intended to create a discretionary review process.
(64) 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;
(7) Expiration. Approval of a two‐unit housing development application shall expire two (2) years after the
date of approval unless the approval is used and vested before expiration, per Town Code Sections
29.20.320 and 29.20.335;
(85) 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.
If the Director denies an application for a proposed two‐unit housing development pursuant to this
section, the Director shall, within 60 days of receipt of the completed application, return in writing a
full set of comments to the application with a list of items that are defective or deficient and a
description of how the applicant can remedy the application; and
(96) 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 one thousand two hundred (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. Parking. Each dwelling unit within an urban lot split shall contain adequate space for one on‐site
parking space, except for parcels within one‐half mile walking distance of public transportation;
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or where there is a designated parking area for one or more car‐share vehicles within one block
of the parcel;
f. Sidewalks. Sidewalks shall be constructed on all streets and highways within an urban lot split;
except, that in land being subdivided into lots twenty thousand (20,000) square feet or more in
size in accordance with Town Code Section 29.10.06712. In Hillside Area lot splits, a walkway or
path shall be constructed on one side of the street or highway;
ge. Number of lots. The parcel map to subdivide an existing parcel shall result in no more than two
(2) parcels; and
hf. 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 43).
All other existing structures shall be modified, demolished, or relocated prior to recordation of a
parcel map;
d. Intent to occupy. The applicant shall submit a signed affidavit to the Community Development
Director attesting that the applicant intends to occupy one (1) of the housing units on the newly
created parcels as their principal residence for a minimum of three (3) years from either:
1. The date of the approval of the urban lot split when the intent is to live in an existing
residence; or
2. Certificate of occupancy when the intent is to occupy a newly constructed residential unit.
This requirement shall not apply to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the
Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15
of the Revenue and Taxation Code;
e. Non‐conforming conditions. The Town shall not require, as a condition of approval, the correction
of nonconforming zoning conditions. However, no new nonconforming conditions may result
from the urban lot split other than setbacks as specified by Table 1‐2 (Setback Requirements,
Exception Number 2), maximum allowed lot coverage, and maximum allowed floor area ratio;
f. Number of units. No more than two (2) dwelling units may be located on any lot created through
an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory
dwelling units, density bonus units, and units created as two‐unit developments. Any excess
dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise
removed prior to approval of a parcel map;
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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. Ellis Act. Parcels on which an owner of residential real property has exercised the owner’s
rights under state law (Government Code Section 7060) to withdraw accommodations
from rent or lease within fifteen (15) years preceding the development application; or
43. 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
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.
Formatted: Font: Italic
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Sec. 29.10.660. Application process for urban lot splits.
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) Review Process. The Community Development Director shall consider and approve or deny an
application for a proposed urban lot split pursuant to this section within 60 days from the date the
Town receives a completed application. If the Director has not approved or denied the completed
application within 60 days, the application shall be deemed approved. A completed application must
include all the submittal requirements listed in the associated SB 9 application packet, as well as the
required processing fees;
(43) 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). This
noticing is for informational purposes only and is not intended to create a discretionary review process;
(54) 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;
(6) Expiration. Approval of an urban lot split permit shall expire two (2) years after the date of approval
per Town Code Section 24.20.070 unless the Parcel Map is recorded;
(75) 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;
(86) 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.
If the Director denies an application for a proposed urban lot split pursuant to this section, the Director
shall, within 60 days of receipt of the completed application, return in writing a full set of comments to
the application with a list of items that are defective or deficient and a description of how the applicant
can remedy the application; and
(97) 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."
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(Ord. No. 2334, § 2, 11‐15‐22)
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Intentionally
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Page 74
From:
Sent: Tuesday, March 11, 2025 2:07 PM
To: Maria Ristow <MRistow@losgatosca.gov>
Cc: Ryan Safty <RSafty@losgatosca.gov>; Sean Mullin <SMullin@losgatosca.gov>
Subject: Re: SB9 APPLICATION IS UPLOADED -- 63 Highland
[EXTERNAL SENDER]
Ryan, please give me the date that the Council will make the changes I noted below and an
acknowledgment that these changes will be made.
After the public hearing was closed, there seemed to be an abuse of process, as councilmembers
started freelancing to create NEW LAW that went unchecked by Director Paulson and Attorney
Whelan.
Those parties need to speak up, or I will consider their silence as an abuse of my civil rights.
SB9 and SB450 are corrective mandates from the CA Legislature to curb municipalities'
longstanding discretionary abuse. They are not fair game for further manipulation by local fiefdoms.
I would prefer that my current SB9 project be approved before the Town Council makes a mess of
the law again.
Best regards, Terry
Terence J. Szewczyk. P.E.
TS/Civil Engineering, Inc
EXHIBIT 5
Page 75
25/04/08 Terence J. Szewczyk's objections to invalid provisions
of Town SB9 Ordinance and after the passage of SB450.
Simple summary:
Delete all of the following: the 1200 SF limitation, Public/Neighbor Noticing,
grading and other inconsistencies, regulation of curbcuts and driveways,
daylight plane 2nd story.
Respect the CA Law: Front setbacks must comply with zone district, otherwise
side and rear are 4’.
ORDINANCE 2334
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) REGARDING TWO-UNIT
HOUSING
DEVELOPMENTS AND URBAN LOT SPLITS IN
ALL SINGLE-FAMILY RESIDENTIAL
ZONES
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
Page 76
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
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
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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, this matter was regularly noticed in conformance with State and Town law and
came before the Planning Commission for public hearing on September 28, 2022; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and
came before the Town Council for public hearing on November 1, 2022.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS FINDS AND
ORDAINS:
Section 1. The Town Council finds and declares that this Ordinance establishes
regulations in the Zoning Code to allow two-unit housing developments and urban lot splits as
specified by California Government Code Sections 66452.6, 65852.21, and 66411.7, as adopted
and amended by SB 9.
Section 2. A new Division 10, "Two-Unit Housing Developments and Urban Lot Splits, 11
is added to Article I, "In General, 11 of Chapter 29, "Zoning Regulations, 11 to read as follows:
"Section 29.10.600. Purpose and Applicability. The Town Council finds and determines
that this Ordinance 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 Ill (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 . DELETE, NOT
ALLOWED. 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. Note: Los Gatos subdivision regs never updated since 1968! Oh, sorry added
Vesting TM in 1990.
Section 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.
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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.
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. Freelance
addition by maverick Town council member. Town Manager, Community Development
Director, and Town Attorney sat in silence.
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.
NOT UPDATED SINCE 1968
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.
Page 79
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 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:
zone.
(a) Zoning District. A parcel that is located within
a single-family residential
(b) 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.
(c) 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."
(d) 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 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.
(e) 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.
(f) 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.
(g) 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
Page 80
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.
(h) 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. 1531et 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).
(i) 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).
Section 29.10.630. Requirements. Two-unit housing developments must comply with
the following objective zoning standards, design review standards, and general requirements
and restrictions:
(a) Zoning Standards. The following objective zoning standards supersede any other
standards to the contrary that maybe 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 Section (d), "Exceptions:"
(1) 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;
(2) 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: SB9 does not regulate driveway and curbcuts.
a. 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;
b. A minimum depth of 18 feet measured from the front or street side property
line;
c. Surfacing shall comply with Town Code Section 29 . 10 . 155{e) ;
d. 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
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Construction; and
e. A maximum slope of 15 percent. Subject to exceptions to 20% maximum.
(3) 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;
(4) Fencing. All new fencing shall comply with the requirements of Sections
29.40.030 through 29.40.0325 of the Zoning Code;
(5) Floor Area Ratio and Lot Coverage.
a. The maximum floor area ratio and lot coverage shall be as specified by the
applicable zoning regulations.
b. 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:
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. The maximum size of the first new residential unit shall not exceed 1,200
square feet.
d. 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.
e. 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.
(6) and (7) below are unlawful attempts to subvert the law.
(6) Grading.
a. 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 (b.) below may require a Grading
Permit, but will not require discretionary review of an Architecture and Site Application;
b. Grading activity associated with a two-unit housing development shall not
exceed 50 cubic yards, cut plus fill, except:
1. Light wells that do not exceed the minimum required per Building Code shall not
count as grading activity for the purpose of this section;
2. 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
3. Excavation within the footprint of a primary dwelling unit or garage shall not
count as grading activity for the purpose of this section.
(7) 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:
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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 theminimum driveway and fire access
standards as required by the Santa Clara County Fire
Department.
Above table was never derived by the Town based on knowledge, it was plagiarized from Los
Altos Hills in 2004 -- it has no basis in fact.
(8) 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 subject to exceptions ;
(9) 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;
(10) 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;
{11) Landscaping Requirement. All landscaping shall comply with the California Model
Water Efficient Landscape Ordinance (MWELO);
(12) 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;
(13) 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;
(14) 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;
(15) Parking.
a. 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.
b. 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
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is feasible based on specific site or fire and life safety conditions) or through tandem parking;
(16) 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. (S)
Garage Entry 18 feet
Interior Sides 4feet(3)
Rear
Street Side Per the applicable
zoning district.
4’ per SB9
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. Needs to be clarified - of the base zone
district?
(17) 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
(18) New units shall be designed as individual units, with separate gas, electric, and
water utility connections directly between each dwelling unit and the utility.
(b) 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 (d) below, "Exceptions:"
(1) Balconies/Decks. Rooftop and second floor terraces and decks are
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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;
(2) Finished Floor. The finished floor of the first story shall not exceed three feet in
height as measured from finished grade;
(3) 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;
(4) 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;
(5) 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; No daylight plane.
(6) Garages. Street-facing attached garages shall not exceed 50 percent of the
linear width of the front-yard or street-side yard elevation;
(7) 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
(8) 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.
These are punitive standards stricter than all residential zones in Town.
(c) 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 (d) below,
"Exceptions:"
(1) 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.
(2) 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.
(3) 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.
(4) 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 .
(5) 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: Removed by SB450
a. 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 85
b. 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
c. 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).
(6) 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:
a. A limitation restricting the property to residential uses only; and
b. A requirement that any dwelling units on the property may only be rented for a
period longer than thirty (30) days.
(d) Exceptions
If any of the provided zoning standards or design review standards would have the
effect of physically precluding construction of up to two primary dwelling units or physically
preclude either of the two primary dwelling units from being at least 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.
(1) 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 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,
Page 86
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). Defeats ministerial purpose.
(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. So do we sue the director personally?
Section 29.10.650. Subdivision Standards. Urban lot splits shall comply with the
following objective subdivision standards, and general requirements and restrictions:
(a) 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:
(1) 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;
(2) Minimum Lot Size. Each new parcel shall be approximately equal in lot area
provided that one parcel shall not be smaller than 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 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.
(3) Minimum Lot Width. Each new parcel shall maintain a minimum lot width
of 20 feet;
(4) Minimum Public Frontage. Each new parcel shall have frontage upon a street
with a minimum frontage dimension of 20 feet, except as allowed above for flag/corridor
lots;
Page 87
(5) Number of Lots. The parcel map to subdivide an existing parcel shall result in no
more than two parcels; and
(6) 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. Where did this come from?
(b) General Requirements and Restrictions
The following requirements and restrictions apply to all proposed urban lot splits:
(1) 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;
(2) 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;
Undermines no street dedication.
(3) 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;
(4) Intent to Occupy. The applicant shall submit a signed affidavit to the Community
Development Director attesting that the applicant intends to occupy one of the housing units on
the newly created parcels as their principal residence for a minimum of three years from either:
a. The date of the approval of the urban lot split when the intent is to live in an
existing residence; or
b. Certificate of occupancy when the intent is to occupy a newly constructed
residential unit. Violates SB9.
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;
(5) 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);
(6) Number of Units. No more than two 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;
Page 88
(7) 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;
(8) Restrictions on Demolition. The proposed urban lot split shall not require either the
demolition of more than 25 percent of the exterior walls or alteration of any of the following
types of housing: SB450
a. 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;
b. 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
c. 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 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 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;
(9) 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);
(10) 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:
a. A prohibition against further subdivision of the parcel using the urban lot split
procedures as provided for in this section;
b. A limitation restricting the properties to residential uses only; and
c. A requirement that any dwelling units on the property may only be rented for a
period longer than thirty (30) days.
(11) 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; Out of place and enforced by
operating law already.
(12) Utility Providers. The requirements Too broad, delete. of the parcel's utility
providers shall be satisfied prior to recordation of a parcel map; and
(13) 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. And not 1968 Town Code?
Page 89
Section 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;
(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). This is a fabrication.
(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; What?
(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. Not sure about the legality of this.
Section 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."
Section 3. CEQA. In accordance with Government Code Sections 66411.7(n) and
66452.21(g), adoption of this Ordinance is not a project subject to CEQA.
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by
the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The Town Council hereby declares that it would have
adopted the remainder of this Ordinance, including each section, subsection, sentence, clau s e ,
phrase, or portion irrespective of the invalidity of any other article, section, subsection,
sentence, clause, phrase, or por t i o n .
Page 90
Section 5. Publication. The Town Clerk is directed to publish this Ordinance in a
newspaper of general circulation as required by State law. In lieu of publication of the full text of
the ordinance within fifteen {15) days after its passage, a summary of the ordinance may be
published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council
and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(l).
Section 6. Effective Date. This ordinance takes effect 30 days after adoption.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on the 1st day of November 2022 and adopted at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 15 t h day of November 2022, by the following vote:
Summary: Delete the 1200 SF limitation, Public/Neighbor Noticing, grading and other
inconsistencies, regulation of curbcuts and driveways, daylight plane 2nd story. Front setbacks
to be compliant with zone district, otherwise side an rear are 4’.
Page 91
This Page
Intentionally
Left Blank
Page 92
PREPARED BY: Saurabh Nijhawan
Senior Civil Engineer
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/14/2025
ITEM NO: 5
DATE: May 9, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation of Approval to the Town Council for the Draft
Proposed Capital Improvement Program (CIP) Budget for Fiscal Years (FY)
2025/26 – 2029/30.
RECOMMENDATION:
Forward a recommendation of approval to the Town Council for the draft Proposed Capital
Improvement Program (CIP) Budget for Fiscal Years (FY) 2025/26 – 2029/30 (Exhibit 1).
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment. Any effects on the environmental will be evaluated, as applicable, at each
individual project level, and the recommended action does not constitute approvals of any
specific project in the CIP.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt per Section 15061(b)(3).
That the projects in the draft Proposed FY 2025/26 – 2029/30 CIP Budget are consistent
with the General Plan, North 40 Specific Plan, Albright Specific Plan, and Hillside Specific
Plan.
Page 93
PAGE 2 OF 4
SUBJECT: Draft Proposed Capital Improvement Program (CIP) Budget for Fiscal Years (FY)
2025/26 – 2029/30
DATE: May 9, 2025
DISCUSSION:
Section 65401 of the Government Code requires that when a town or city has adopted a
General Plan, and a list of the proposed public works projects recommended for planning,
initiation, or construction during the ensuing fiscal year be classified into a coordinated
program and submitted to the Planning Commission for review for conformity with the adopted
General Plan or parts thereof. The findings for conformity would then be reported to the Town
Council.
A capital improvement project includes design, construction, acquisition, rehabilitation, or non-
routine maintenance that generally costs $25,000 or more with a minimum useful life of five
years. The CIP Budget is evaluated annually to ensure funding of critical priority projects related
to public streets, parks, facilities, and other Town infrastructure to support the current needs of
the Los Gatos community. The CIP Budget also reflects realistic revenue sources and use of
funds for capital projects for upcoming fiscal years. Funding sources include General Fund
Appropriated Reserve (GFAR), Gas Tax, Measure B, Traffic Mitigation Funds, Storm Basin Funds,
and Grant Funds. The Town continues its efforts to secure reliable ongoing sources of revenue
for the CIP.
The draft Proposed FY 2025/26 – 2029/30 CIP Budget (Exhibit 1) includes projects under the
Street Program that support and implement the General Plan’s goals and policies of the
Mobility; Environmental and Sustainability; Hazards and Safety; and Public Facilities, Services,
and Infrastructure Elements. Examples of Street Program projects include the annual Street
Repair and Resurfacing; Highway 17 Bicycle and Pedestrian Bridge; Shannon Road Bicycle and
Pedestrian Improvement Project and the Shannon Road Repair Project. All projects cited
improve the condition and safety of the Town roadways; install safe pedestrian and bikeway
facilities; and promote alternate modes of transportation, which ultimately support the goal of
greenhouse gas (GHG) reduction.
The Open Space, Parks, and Recreation Element goals and policies of the General Plan are
implemented through the project scopes of the Parks Playground Sport Court Resurfacing; and
through other capital maintenance projects to ensure that Town parks and open spaces remain
in good condition. The Oak Meadow Bandstand Area Improvements remain an active project,
largely funded through the State Proposition 68 grant program administrated by the State
Department of Parks and Recreation.
The Town’s Environment and Sustainability Element goals and policies are being implemented
through a variety of CIP projects such as: the Annual Storm Drain Improvement Project; EV
Chargers at 41 Miles Ave; Stormwater System – Pollution Prevention Compliance; and Battery
Power Supply – Library. As mentioned earlier, many of the projects under the Street Program
contribute to the reduction of GHG emissions by improving Town roadway infrastructure for
multi-modal or active transportation and getting people out of their cars.
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PAGE 3 OF 4
SUBJECT: Draft Proposed Capital Improvement Program (CIP) Budget for Fiscal Years (FY)
2025/26 – 2029/30
DATE: May 9, 2025
Safety is the most important factor for prioritizing CIP projects. The goals and policies of the
Hazards and Safety Element are being implemented through projects, including: Vegetation
Management and Roadside Fire Fuel Reduction to prevent wildfires; Vasona Oaks Drainage
Failure Repair; IT Disaster Resiliency Project; various Street Program projects including Blossom
Hill Road Safety Improvements from Union Avenue to Camden Avenue; and Measure B
Education and Encouragement to promote safety programs to Town schools.
The Public Facilities, Services, and Infrastructure Element goals and policies promote good
programs and services for the youth and seniors, including ensuring safety for children biking
and walking and improving mobility and access for seniors. The ADA Compliance Project will set
the course for long-term infrastructure plans to remove accessibility barriers. The Parks
Playground Fibar and various other Park Program projects would continue to maintain the
Town’s recreational and outdoor facilities for the Town youth and seniors to safely enjoy.
The proposed FY 2025-26 – 2029/30 CIP budget aligns funding and project priorities to be
consistent with the principles of the Town’s General Plan. Staff closed, or merged redundant
projects, and tiered projects by prioritization. Projects were split into three tiers, with Tier 1
being the highest priority, and Tier 3 being the lowest.
Tier 1 projects are those that are fully funded, include funding with a grant deadline, are ready
for construction, or are legally required. Tier 2 projects are other projects that have had CIP
funding in prior years, but are either not fully funded, cannot be supported with current
staffing, or both. Tier 3 projects are those that do not have funding nor staffing allocations. By
taking this action, this CIP presents a more realistic picture of project priorities and of projected
capital expenses in the next fiscal year.
The scope of the Planning Commission’s review is to determine that the draft Proposed CIP is
consistent with the General Plan, North 40 Specific Plan, Albright Specific Plan, and Hillside
Specific Plan.
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comment.
CONCLUSION:
A. Recommendation
The Town Council is tentatively scheduled to consider the draft Proposed CIP on June 3, 2025.
For the reasons stated above, staff recommends that the Planning Commission take the
following actions:
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PAGE 4 OF 4
SUBJECT: Draft Proposed Capital Improvement Program (CIP) Budget for Fiscal Years (FY)
2025/26 – 2029/30
DATE: May 9, 2025
1. Find that the project is Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15061(b)(3);
2. Find that the potential projects in the 2025/26 – 2029/30 draft Proposed CIP are
consistent with the General Plan, North 40 Specific Plan, Albright Specific Plan, and
Hillside Specific Plan; and
3. Forward a recommendation of approval of the 2025/26 – 2029/30 draft Proposed CIP to
the Town Council.
EXHIBITS:
1. Draft Proposed CIP Budget for FY 2025/26 – 2029/30 (Available on Town’s website at
https://www.losgatosca.gov/DocumentCenter/View/41898/FY-2025-2026-Proposed-CIP-
Budget
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