Exhibit 5 - Public comments received by 1100 a.m., Friday, May 9, 2025From:
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
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
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
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.
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.
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
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
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:
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
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
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;
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,
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;
(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;
(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?
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 .
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’.
This Page
Intentionally
Left Blank