Attachment 1 - Draft Ordinance SB9 20211 of 11
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DRAFT ORDINANCE XXXX AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS IMPLEMENTING SENATE BILL 9 TO ALLOW FOR TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPILTS IN ALL SINGLE-FAMILY RESIDENTIAL ZONES
WHEREAS, on September 16, 2021, the Governor of the State California signed into law
Senate Bill 9 (Atkins), "An act to amend Section 66452.6 of, and to add Sections 65852.21 and
66411.7 to, the California Government Code, relating to land use," which requires ministerial
approval of a housing development of no more than two units in a single-family zone (two-unit
housing development), the subdivision of a parcel zoned for residential use into two parcels
(urban lot split), or both; and
WHEREAS, certain zoning and subdivision standards of the Town of Los Gatos Municipal Code
and their permitting procedures are inconsistent with the two-unit housing developments and urban
lot splits authorized by Senate Bill 9 (SB 9); and
WHEREAS, the provisions of SB 9 shall be in effect on January 1, 2022, and without locally
codified objective design standards and implementation procedures, the law presents a current and
immediate threat to the public peace, health, safety, and welfare, in that certain existing zoning and
subdivision standards are in conflict with SB 9 and could create confusion and hinder the
development of the additional residential units enabled under SB 9; and
WHEREAS, pursuant to Section 65858 of the Government Code and Section 29.20.545 of
the Town of Los Gatos Municipal Code, the Town Council may take appropriate action to adopt
urgency measures as an Urgency Ordinance; and
WHEREAS, pursuant to Section 65852.21(j) and Section 66411.7(n) of the Government Code, a
local agency may adopt an Ordinance to implement SB 9; and
WHEREAS, this Urgency Ordinance adopts interim urgency objective zoning standards, objective
subdivision standards, and objective residential design standards to allow for orderly housing
development and subdivision of land as authorized by SB 9 while protecting the public peace, health,
safety, or welfare in the Town of Los Gatos; and
WHEREAS, it is not the intent of this Urgency Ordinance to adopt permanent standards to govern
the development of single-family zoned properties. The Town Council reserves the right to adopt
permanent standards consistent with SB 9 that will supersede those contained in this Urgency Ordinance;
and
WHEREAS, in light of the foregoing findings, the Town Council further finds that there is a current
and immediate threat to the public health, safety, or welfare, and that the approval of additional
subdivisions, building permits, or any other applicable entitlement for use which is in conflict with this
Ordinance would result in that threat to public health, safety, or welfare; and
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WHEREAS, adoption of this Urgency Ordinance is not a project under the California
Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) and
Section 66411.7(n) relating to implementation of SB 9.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS FINDS AND ORDAINS:
SECTION I
The Town Council finds and declares that this Urgency Ordinance establishes interim
exceptions to 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. The provisions of this Urgency Ordinance shall supersede any other
provision to the contrary in the Zoning Code or Subdivision Code. Zoning standards and design
review standards provided for in the Zoning Code that are not affected by this Urgency
Ordinance shall remain in effect. It is not the intent of this Urgency Ordinance to override any
lawful use restrictions as may be set forth in Conditions, Covenants, and Restrictions (CC&Rs) of
a common interest development.
SECTION II
The Town Council finds and determines that this Urgency 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 III (Definitions) shall not be subject to this Urgency Ordinance.
SECTION III
In addition to the terms defined by Chapter 24 (Subdivision Regulations) and Chapter 29
(Zoning Regulations), the following terms shall have the following meanings as used in this Urgency
Ordinance. Where a conflict may exist, this Section shall prevail over any definition provided in the
Zoning Code:
Acting in concert means persons, as defined by Section 82047 of the Government Code as
that section existed on the date of the adoption of this Urgency Ordinance, 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;
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;
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;
Nonconforming zoning condition means a physical improvement on a property that does not
conform with current zoning standards;
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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
Section 65852.21 of the California Government Code. A two-unit housing development shall consist
of either the construction of 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
Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of
the Public Resources Code;
Single-family residential zone means a “R-1 OR SINGLE-FAMILY RESIDENTIAL ZONE” and “R-
1D OR SINGLE-FAMILY RESIDENTIAL DOWNTOWN ZONE” Zoning districts as specified by Article IV
(RESIDENTIAL ZONES) of the Zoning Code;
Subdivision code means Title 24 of the Los Gatos Municipal Code;
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 Section 66411.7 of
the Government Code; and
Zoning code means Title 29 of the Los Gatos Municipal Code.
SECTION IV
The Council finds and declares that an urban lot split or a two-unit housing development
may only be created on parcels satisfying all of the following general requirements:
A. Zoning District. A parcel that is located within a single-family residential zone;
B. Legal Parcel. A parcel which has been legally created in compliance with the
Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Regulations, as
applicable at the time the parcel was created. The Town Engineer may require a certificate of
compliance to verify conformance with this requirement;
C. Excluding Historic Property. A parcel that does not contain a Historic Structure, as
defined Town Code Section 29.10.020, or is 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 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 Section 4202
of the Public Resources Code, or if the site has been excluded from the specified hazard zones
by a local agency, pursuant to subdivision (b) of Section 51179, or has 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 Section 25356 of the Health and Safety
Code, 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
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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
Division 13 of the Health and Safety Code), 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
primary dwelling unit(s) 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. 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).
SECTION V
The Council finds and declares that two-unit housing developments shall 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 may be provided in the Zoning Code, as they pertain to a two-unit housing development
under Section 65852.21 of the Government Code. Two-unit housing developments shall be
constructed only in accordance with the following objective zoning standards, except as
provided by Section E (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 shall not exceed 16 feet in height.
2. Driveways. Each parcel shall include a single driveway satisfying the following
requirements:
a. A minimum width of 10 feet up to a maximum width of 18 feet;
b. A minimum depth of 25 feet measured from the front property line;
c. Surfacing shall comply with Town Code Section 29.10.155(e); and
d. Only a single driveway curb-cut shall be permitted per parcel designed in accordance
with the Town’s Standard Specifications and Plans for Parks and Public Works Construction.
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 of another dwelling
unit within the same structure;
4. Fencing. All new fencing shall comply with the requirements of Section 29.40.030 of
the Zoning Code;
5. Floor Area Ratio and Lot Coverage. The maximum floor area ratio and lot coverage
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shall be as specified by the applicable zoning regulations;
6. Grading. Grading activity shall not exceed the summation of 50 cubic yards, cut plus
fill, or require a grading permit per Town Code Chapter 12, Article II;
7. Landscaping Requirement. All landscaping shall comply with the California Model
Water Efficient Landscape Ordinance (MWELO);
8. Lighting. New exterior lighting fixtures shall be down-shielded and oriented away
from adjacent properties consistent with Section 29.10.09015 of the Zoning Code;
9. Minimum Living Area. The minimum living area of a primary dwelling unit shall be
150 square feet, subject to the restrictions specified by Health and Safety Code Section
17958.1;
10. Parking. 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
either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public
Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources
Code.
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;
11. Setbacks. Two-unit housing developments shall be subject to the setback and
building separation requirements specified by Table 1-1 (Setback Requirements), below:
Table 1-1 – Setback Requirements
Setback Requirement (2)
Property Line Setbacks (1) Front Per the applicable
zoning district.
Garage Entry 18 feet
Interior Sides 4 feet (3)
Rear
Street Side Per the applicable
zoning district.
Separation Between
Detached Structures (4)
5 feet
Exceptions:
(1) Cornices, eaves, belt courses, sills, canopies, bay windows,
chimneys, or other similar architectural features may extend into
required setbacks as specified Section 29.40.070(b) of the Zoning
Code.
(2) No setback shall be required for an existing structure, or a
structure constructed in the same location and to the same
dimensions as an existing structure.
(3) No interior side setback shall be required for two-unit housing
development units constructed as attached units, provided that the
structures meet building code safety standards and are sufficient to
allow conveyance as a separate fee parcel.
(4) Except for primary dwellings constructed as a duplex or attached
single-family residences constructed as units.
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15. Stormwater Management. The development shall comply with the requirements of
the Town's National Pollution Discharge Elimination System (NPDES) Permit as implemented by
Chapter 22 of the Los Gatos Municipal Code, and as demonstrated by a grading and drainage
plan prepared by a registered civil engineer.
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 an existing primary dwelling units as part
of a two-unit housing development, except as provided by Section E (Exceptions):
1. Balconies/Decks. Rooftop and second floor terraces and decks are prohibited.
Balconies shall only be permitted on the front elevation of a primary dwelling unit fronting a
public street. Such balconies shall be without any projections beyond the building.
2. Finished Floor. The finished floor of the first-story shall not exceed 18 inches 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 6 feet and a
minimum width equal to 25 percent of the linear width of the front elevation. Porch columns
shall not overhang the porch floor;
5. Step-back. All 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;
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 10 feet as measured
from finished floor; and
8. Windows. All second-story windows less than eight 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. All other second-story windows shall be limited to the minimum number and
minimum size as necessary for egress purposes as required by the Building Code.
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, as applicable:
1. Accessory Dwelling Units. New accessory dwelling units are not allowed on parcels
that either include a two-unit housing development or that are created by an urban lot split;
2. Building and Fire Codes. The International Building Code (Building Code), and the
2019 California Fire Code and 2018 International Fire Code (together, Fire Code), as adopted by
Chapter 6 of the Los Gatos Municipal Code, respectively, apply to all two-unit housing
developments;
3. Encroachment Permits. Separate encroachment permits, issued by the Parks and
Public Works Department, shall be required for the installation of utilities to serve a 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;
4. Restrictions on Demolition. The two-unit housing development shall not require
demolition or alteration of any of the following types of housing:
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;
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b. Housing that is subject to any form of rent or price control through a public entity’s
valid exercise of its police power;
c. Housing that has been occupied by a tenant in the last three years. This shall be
evidenced by claiming of the Homeowners' Exemption on the Santa Clara County assessment
roll;
5. Short-Term Rentals. Leases for durations of less than 30 days, including short term
rentals are prohibited. The Community Development Director shall require recordation of a
deed restriction documenting this requirement prior to issuance of a building permit; and
6. Subdivision and Sales. Except for the allowance for an urban lot split provided in
Section VI (Urban Lot Splits), no subdivision of land or air rights shall be allowed in association
with a two-unit housing development, including creation of a stock cooperative or similar
common interest ownership arrangement. In no instance shall a single primary dwelling unit be
sold or otherwise conveyed separate from the other primary dwelling unit.
D. Approval Process
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. Building Permits. Approval of a two-unit housing development permit shall be
required prior to acceptance of an application for a building permit(s) for the new and/or
modified primary dwelling units comprising the two-unit housing development;
4. 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 Section
65589.5 of the Government Code, 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
5. Appeals. Two-unit housing applications are ministerial and are not subject to an
appeal.
E. 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
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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) landscaping requirement, front-yard setback, or
street-side setbacks standards.
SECTION VI
The Council finds and declares that urban lot splits shall comply with the following
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, Subdivision Code, as they pertain to creation
of an urban lot split under Section 66411.7 of the Government Code:
1. Flag/Corridor Lots. The access corridor of a flag/corridor lot (Town Code Section
29.10.085) parcel shall be in fee as part of the parcel and not as an easement and shall be a
minimum width of 20 feet;
2. Lot Lines. The side lines of all lots shall be at right angles to streets or radial to the
centerline of curved streets;
3. 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. The minimum lot area for a flag/corridor lot shall be exclusive of the access corridor;
4. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of 20 feet;
5. Minimum Public Frontage. Each new parcel shall have frontage upon a street with a
minimum frontage dimension of 20 feet; and
6. Number of Lots. The parcel map to subdivide an existing parcel shall create no more
than two new parcels.
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 section;
2. Dedication and Easements. The Town Engineer shall not require dedications of
rights-of-way nor the construction of offsite improvements, however, may require recording of
easements necessary for the provision of future public services, facilities, and future public
improvements;
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 1-1 (Setback Requirements,
Exception No. 3). All other existing structures shall be modified, demolished, or relocated prior
to recordation of a parcel map;
4. Grading. Grading activity shall not result in the summation of 50 cubic yards, cut plus
fill, of grading or require a grading permit per Town Code Chapter 12, Article II;
5. 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 newly created
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parcels as their principal residence for a minimum of three years from the date of the approval
of the urban lot split.
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;
6. 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 1-1 (Setback Requirements, Exception No. 2);
7. Number of Remaining Units. No parcel created through an urban lot split shall be
allowed to include more than two existing dwelling units as defined by Government Code
section 66411.7(j)(2). Any excess dwelling units that do not meet these requirements shall be
relocated, demolished, or otherwise removed prior to approval of a parcel map;
8. Prior Subdivision. A parcel created through a prior urban lot split may not be further
subdivided under the provisions of this Urgency Ordinance. The subdivider shall submit a
signed covenant to the Community Development Director documenting this restriction. The
convent shall be recorded on the title of each parcel concurrent with recordation of the parcel
map;
9. Restrictions on Demolition. The proposed urban lot split shall not require the
demolition or alteration of any of the following types of housing:
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;
b. Housing that is subject to any form of rent or price control through a public entity’s
valid exercise of its police power;
c. Housing that has been occupied by a tenant in the last three years;
10. Stormwater Management. The subdivision shall comply with the requirements of
the Town's National Pollution Discharge Elimination System (NPDES) Permit as implemented by
Chapter 22 of the Los Gatos Municipal Code, and as demonstrated by a grading and drainage
plan prepared by a registered civil engineer; and
11. Utility Providers. The requirements of the parcel’s utility providers shall be satisfied
prior to recordation of a parcel map.
C. Approval Process
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. 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 Lost Split Parcel Map and pay all fees;
4. Development. Development on the resulting parcels is limited to the project
approved by the two-unit housing development process.
5. 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
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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
6. Appeals. Urban lot split applications are ministerial and are not subject to an appeal.
SECTION VII
The Council finds and declares that any provision of this Urgency Ordinance 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 Urgency Ordinance shall supersede and take precedence over any
inconsistent provision of the Los Gatos Municipal Code to that extent necessary to effect the
provisions of this Urgency Ordinance for the duration of its effectiveness.
SECTION VIII
The Council finds and declares that if SB 9 is repealed or otherwise rescinded by the
California State Legislature or by the People of the State of California, this Urgency Ordinance
shall cease to be in effect.
SECTION IX
If any section, subsection, sentence, clause, phrase, or portion of this Urgency 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 Urgency Ordinance. The Council of the Town of Los Gatos hereby declares that it would have
adopted the remainder of this Urgency Ordinance, including each section, subsection, sentence,
clause, phrase, or portion irrespective of the invalidity of any other article, section, subsection,
sentence, clause, phrase, or portion.
SECTION X
The Council hereby declares that the foregoing is an Urgency Ordinance necessary for
the immediate preservation of the public peace, health, and safety of the Town of Los Gatos
and its residents and shall take effect on January 1, 2022, upon passage by a four-fifths
majority of the Town Council.
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This Urgency Ordinance was passed an adopted at a regular meeting of the Town Council of
the Town of Los Gatos on December 21, 2021.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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