Attachment 1 - Draft Ordinance
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DRAFT ORDINANCE
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
ATTACHMENT 1
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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,” is added to Article I, “In General,” of Chapter 29, “Zoning Regulations,” 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 III (Definitions) shall not be subject to this Ordinance. Any
provision of this Division which is inconsistent with SB 9 shall be interpreted in a
manner which is the most limiting on the ability to create a two-unit housing
development or urban lot split, but which is consistent with State law. The
provisions of this Division shall supersede and take precedence over any
inconsistent provision of the Town Code to the extent necessary to effect the
provisions of this Division.
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.
Flag lot means “lot, corridor” as defined in Section 29.10.020 of Town Code.
Nonconforming zoning condition means a physical improvement on a property that
does not conform with current zoning standards.
Two-unit housing development means an application proposing no more than two
primary dwelling units on a single parcel located within a single-family residential zone as
authorized by Government Code Section 65852.21. A two-unit housing development shall
consist of either the construction of no more than two new primary dwelling units, one new
primary dwelling unit and retention of one existing primary dwelling unit, or retention of
two existing legal non-conforming primary dwelling units where one or both units are
subject to a proposed addition or alteration.
Public transportation means a high-quality transit corridor, as defined in subdivision
(b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public
Resources Code Section 21064.3.
Single-family residential zone means a “R-1 or Single-Family residential Zone”, “R-1D
or Single-Family Residential Downtown Zone”, or “HR or Hillside Residential Zone” as
specified in Article IV, “Residential Zones,” of the Zoning Code.
Subdivision Code means Chapter 24 of the Los Gatos Town Code.
Sufficient for separate conveyance means that each attached or adjacent dwelling
unit is constructed in a manner adequate to allow for the separate sale of each unit in a
common interest development as defined in Civil Code Section 1351 (including a residential
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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:
(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 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)
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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. 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).
(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 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 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:
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;
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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.
(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) 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.
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(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 the minimum driveway and fire
access standards as required by the Santa Clara County Fire
Department.
(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;
(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
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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:
(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.
Table 1-2 – Setback Requirements
Setback Requirement (2)
Property Line Setbacks (1) Front Per the applicable
zoning district. (5)
Garage Entry 18 feet
Interior Sides 4 feet (3)
Rear
Street Side Per the applicable
zoning district.
Separation Between
Detached Structures (4)
5 feet
Exceptions:
(1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys,
or other similar architectural features may extend into required setbacks
as specified Section 29.40.070(b) of the Zoning Code.
(2) No setback shall be required for an existing structure, or a structure
constructed in the same location and to the same dimensions as an
existing structure.
(3) No interior side setback shall be required for two-unit housing
development units constructed as attached units on separate lots,
provided that the structures meet building code safety standards and
are sufficient to allow separate conveyance as a separate fee parcel.
(4) Except for primary dwellings constructed as a duplex or attached
single-family residences.
(5) Flag/corridor lots shall use the interior side setback requirements for
all property lines other than the rear.
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(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;
(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.
(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
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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:
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.
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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).
(4) Building Permits. Approval of a two-unit housing development application
shall be required prior to acceptance of an application for building permit(s) for the
new and/or modified primary dwelling unit(s) comprising the two-unit housing
development;
(5) Denial. The Community Development Director may deny a two-unit housing
development project only if the Building Official makes a written finding, based upon a
preponderance of the evidence, that the two-unit housing development would have a
specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d)
of Government Code Section 65589.5, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact; and
(6) Appeals. Two-unit housing application decisions are ministerial and are not
subject to an appeal.
Section 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
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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.
(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;
(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.
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;
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(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:
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.
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(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;
(12) Utility Providers. The requirements 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.
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).
(4) Parcel Map. Approval of an urban lot split permit shall be required prior to
acceptance of an application for a parcel map for an urban lot split. Applicants shall
apply for an Urban Lot Split Parcel Map and pay all fees;
(5) Development. Development on the resulting parcels is limited to a project
approved by the two-unit housing development process or through the Town’s
standard discretionary process;
(6) Denial. The Community Development Director may deny an urban lot split
only if the Building Official makes a written finding, based upon a preponderance of the
evidence, that an urban lot split or two-unit housing development located on the
proposed new parcels would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact; and
(7) Appeals. Urban lot split application decisions are ministerial and are not
subject to an appeal.
Section 29.10.670. Sunset Clause. If SB 9 is repealed or otherwise rescinded by
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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, clause, phrase, or portion irrespective of the
invalidity of any other article, section, subsection, sentence, clause, phrase, or portion.
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)(1).
Section 6. Effective Date. This ordinance takes effect 30 days after adoption.
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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 ______day of __________ 20__, by
the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________