Staff Report.SB 9
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022 ITEM NO: 5
DATE: November 10, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Effecting Amendments to Chapter 29 (Zoning
Regulations) of the Town Code to Regulate Urban Lot Splits and Two-Unit
Housing Developments in Compliance with Senate Bill 9. Town Code
Amendment Application A-22-002. Location: Town-wide. Applicant: Town of
Los Gatos
RECOMMENDATION:
Adopt an Ordinance effecting amendments to Chapter 29 (Zoning Regulations) of the Town
Code to regulate urban lot splits and two-unit housing developments in compliance with Senate
Bill 9.
DISCUSSION:
On November 1, 2022, the Town Council considered and voted unanimously to introduce an
Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code to regulate urban lot
splits and two-unit housing developments in compliance with Senate Bill 9 (SB 9), with specific
modifications. Adoption of the attached Ordinance (Attachment 1) would finalize this decision
and includes the modifications requested by the Town Council described below.
The Town Council motion included four specific modifications to the Draft Ordinance, which are
reflected in Attachment 1:
1. Removal of the front setback requirement for flag/corridor lots (Table 1-2, Exception (5)
of Section 29.10.630);
2. Reduction of the driveway depth requirement from 25 feet to 18 feet to match the
garage entry setback requirement in Table 1-2 (Section 29.10.630(a)(2)b);
PAGE 2 OF 2 SUBJECT: Town Code Amendment Application A-22-002 – Senate Bill 9 DATE: November 10, 2022
DISCUSSION (continued):
3. Removal of second-floor step-back requirement for two-unit developments facing a
street (Section 29.10.630 (b)(5)); and
4. Inclusion of neighborhood notification requirements consistent with those specified in
Town Code Section 29.20.480 for Minor Residential Planning Applications [Sections
29.10.640(a)(3) and 29.10.660(a)(3)].
The Town Council also provided the following direction to staff:
1. Revise the Occupancy Affidavit for SB 9 Urban Lot Split applications to be modeled on
those used by the Town of Atherton and Santa Clara County;
2. Return to Council in three months with information regarding Very High Fire Hazard
Severity Zone exclusions; applicability of Hillside Residential zones; and affordability
models; and
3. Return to Council in one year to report on and receive direction on continuation of the
new public noticing provision.
Attachment 2 contains public comments received following the November 1, 2022 Town
Council hearing.
ENVIRONMENTAL ASSESSMENT:
In accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are
not a project subject to CEQA.
Attachments:
1. Draft Ordinance
2. Public comments received between 11:01 a.m., Tuesday, November 1, 2022, and 11:00
a.m., Thursday, November 10, 2022