Agenda packet — Los Gatos City Council, November 15, 2022 (part 1 of 5)

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How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.

Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.

Deadlines for Public Comment and Presentations are as follows:
 Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
 Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
NOVEMBER 15, 2022
110 EAST MAIN STREET AND TELECONFERENCE

TOWN COUNCIL CHAMBERS

LOS GATOS, CA
7:00 P.M.

Rob Rennie, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member

PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.

Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.

Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]

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TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
NOVEMBER 15, 2022
110 EAST MAIN STREET AND TELECONFERENCE

TOWN COUNCIL CHAMBERS

LOS GATOS, CA
7:00 PM

IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.

Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.

PARTICIPATION
To provide oral comments in real-time during the meeting:
 Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/82811087775?pwd=UklxenJkN2pHelJTV2FxUDZmaGNBdz09 Passcode: 973936. You can also type in 828 1108 7775 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
 Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
 In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.

When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.

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If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.

RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.

The Town does not tolerate disruptive conduct, which includes but is not limited to:
 addressing the Town Council without first being recognized;  interrupting speakers, Town Council, or Town staff;
 continuing to speak after the allotted time has expired;  failing to relinquish the microphone when directed to do so;  repetitiously addressing the same subject.

Town Policy does not allow speakers to cede their commenting time to another speaker.

Disruption of the meeting may result in a violation of Penal Code 403.

MEETING CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on

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the item will be heard.)

1. Approve the Draft Minutes of the November 1, 2022 Closed Session Town Council Meeting.

2. Approve the Draft Minutes of the November 1, 2022 Town Council Meeting.

3. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees.

4. Adopt an Ordinance to Amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday.

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5. 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.

6. Adopt an Ordinance Effecting Amendments Repealing and Replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code with the New 2022 California Building and Fire Codes, as Amended, Including Reach Codes. Town Code Amendment Application A-22-003. Project Location: Town Wide. Applicant: Town of Los Gatos.

7. Los Gatos Creek Trail to Highway 9 Trailhead Connector (CIP No. 832-4505):
a. Authorize the Town Manager to Execute the 2016 Measure B Funding Agreement with the Santa Clara Valley Transportation Authority to Accept Grant Funding in the Amount of $693,500 for the Project Construction; and
b. Authorize the Town Manager to Negotiate and Execute a Transportation Fund for Clean Air Funding Agreement with the Santa Clara Valley Transportation Authority to Accept Grant Funding in the Amount of $755,921 for the Project Construction.

8. Receive the First Quarter Investment Report (July through September 2022) for Fiscal Year 2022/23.

9. Approve the Assignment of the North 40 Market Hall Transportation Demand Management Agreement from SummerHill N40 LLC to Yuki Farms, a California General Partnership.

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

10. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF).

PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)

11. Consider Adoption of a Resolution Establishing Objective Standards for Qualifying MultiFamily and Residential Mixed-Use Developments.

Location: Town-wide. Applicant: Town of Los Gatos.

OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

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12. Receive an Update on Community Outreach Activities for the Highway 17 Bicycle and Pedestrian Overcrossing Project (CIP Number 818-0803) and Approve the Concrete Box Girder as the Preferred Bridge Type for Final Design.

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).

Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.

Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.

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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: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session November 1, 2022
The Town Council of the Town of Los Gatos conducted a special meeting in-person and utilizing teleconferencing means on Tuesday, November 1, 2022 to hold a Closed Session at 5:45 p.m.

MEETING CALLED TO ORDER AT 5:46 P.M.

ROLL CALL

Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc.

Absent: None.

VERBAL COMMUNICATIONS
None.

THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:

1. Conference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9) Name of Case: Town of Los Gatos v. County of Santa Clara et al, Case No. 22CV395530

2. Public Employee Appointment, Employment, Evaluation of Performance, Discipline, and Dismissal [Government Code Section 54957(b)(1)]
Titles: Town Manager and Town Attorney
Conference with Labor Negotiator (Government Code Section 54957.6) Town Negotiator: Salina Flores, Human Resources Director

ADJOURNMENT
Closed Session adjourned at 6:54 p.m.

Attest: Submitted by:
____________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager

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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: 2
DRAFT
Minutes of the Town Council
November 1, 2022
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, November 1, 2022 at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:01 P.M.

ROLL CALL

Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc.

Absent: None

PLEDGE OF ALLEGIANCE
Ryan Idemoto led the Pledge of Allegiance. The audience was invited to participate.

CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated Council met as duly noted on the November 1, 2022 Closed Session agenda and stated there is no reportable action.

COUNCIL / MANAGER MATTERS
Council Matters
- Council Member Hudes stated he met with the Senior Service Roadmap Sub-Committee and attended the Senior Service Committee meeting.
- Vice Mayor Ristow stated she attended Senior Service Committee meeting; met with residents on numerous topics; filled in for the Mayor to assist with a lesson on Government at Lexington School; attended a fentanyl awareness event at Los Gatos High School; attended the Housing Element Advisory Board meeting; attended the Citizen’s Police Academy graduation; attended the Santa Clara Valley Water Commission meeting; announced the First Fridays Senior Service Committee event at the Palms for community members 55 and older will take place on Friday.
- Council Member Badame stated she met with a member of KCAT regarding “The Producers Network”; toured The Club in Los Gatos; attended the West Valley Waste Management Authority Board meeting; attended the Democracy Tent community meeting; and attended the Almond Grove Halloween festivities.
- Council Member Sayoc commented on the fentanyl awareness event and stated several more events will be taking place sponsored by the local high schools in Santa Clara County; and attended the Hate Prevention and Inclusion Task Force meeting.

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PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 1, 2022 DATE: November 1, 2022
Council Matters – continued
- Mayor Rennie stated he met with KCAT representative to discuss “The Producers Network”; met with representatives from The Club of Los Gatos; toured Google’s new building; attended a Silicon Valley Leadership Group forum; attended with the Town Manager an update on United Against Hate efforts; attended the West Valley Mayors and Managers meeting; and performed a ribbon cutting the Dry Bar and Design on Trend.

Manager Matters
- Announced free COVID testing will take place at the Adult Recreation Center on November 8, 2022. Appointments are now available.
- Announced that Board, Commission, and Committee recruitment is underway, applications are due on December 2, at 4:00 p.m. and more information can be found on the Clerk webpage.
- Announced a Community Emergency Response Team (CERT) drill will take place on Saturday, November 5, 2022.

CONSENT ITEMS

1. Approve Draft Minutes of the October 18, 2022 Closed Session Town Council Meeting.

2. Approve Minutes of the October 18, 2022 Town Council Meeting.

4. Authorize the Town Manager to Execute a Two-Year Agreement with Los Gatos Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the Period October 1, 2022 through June 30, 2024, and Approve a Revenue Budget Increase in the Amount of $46,738.75 to Match the Proposed Agreement Term and Agreement Amount.

5. Adopt a Resolution to Designate the Director of Parks and Public Works, Nicolle Burnham, to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization. RESOLUTION 2022-069

6. Authorize Revenue and Expenditure Budget Adjustments to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130) in the Amount of $750,000 to Recognize Receipt and Expenditure of Federal Financial Assistance, and Acceptance of Match Requirements.

Opened public comment.

No one spoke.

Closed public comment.

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SUBJECT: Draft Minutes of the Town Council Meeting of November 1, 2022 DATE: November 1, 2022
Consent Items – continued
MOTION: Motion by Council Member Badame to approve items 1-6. Seconded by Vice Mayor Ristow.

VOTE: Motion passes unanimously.

VERBAL COMMUNICATIONS
Mimi Kearns
- Commented on Narcan and inquired how residents could obtain it.

PUBLIC HEARING

7. Introduce an Ordinance, By Title Only, to Amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday.

Gabrielle Whelan, Town Attorney, presented the staff report.

Opened Public Comment.

No one spoke.

Closed Public Comment.

MOTION: Motion by Council Member Badame to introduce an ordinance, by title only, to amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to add the Juneteenth Holiday. Seconded by Council Member Hudes.

VOTE: Motion passes unanimously.

Town Clerk Wood read the title of the ordinance.

OTHER BUSINESS

8. Discuss the Water Service Interruption Associated with the San Jose Water Company Villa Avenue Improvements.

Laurel Prevetti, Town Manager, presented the staff report.

John Tang, San Jose Water, presented additional information.

Opened Public Comment.

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SUBJECT: Draft Minutes of the Town Council Meeting of November 1, 2022 DATE: November 1, 2022
Other Business Item #8 – continued
Mimi Kearns
- Commented on the cause of the water leak, inquired how San Jose Water will prevent leaks like these in the future, and asked how to submit a reimbursement request to San Jose Water.

Pat Kearns
- Commented on the water rupture, requested Council consider convening a task force, and consider having an independent group adjudicate the cost and reimbursement to the customers.

Closed Public Comment.

John Tang, San Jose Water, responded to comments.

Council discussed the item and provided feedback to San Jose Water representative John Tang.

PUBLIC HEARING

9. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Project Planner: Jennifer Armer.

Jennifer Armer, Planning Manager, presented the staff report.

Opened Public Comment.

Richard Kananen
- Commented in opposition of the story pole exception.

Applicant Jessie Bristow, Swanson Builders, provided information to support the request for an exception to the Story Pole Policy.

Closed Public Comment.

Council discussed the item.

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SUBJECT: Draft Minutes of the Town Council Meeting of November 1, 2022 DATE: November 1, 2022
Public Hearing Item #9 - continued
MOTION: Motion by Vice Mayor Ristow to grant a request for an exception to allow an alternative to the standard story pole installation with the requirement that double flagging must be used where the netting would be used. Seconded by Council Member Hudes.

VOTE: Motion passes 4-1, Council Member Badame voted no.

OTHER BUSINESS

10. Receive the Design Update and Provide Feedback Regarding the Proposed Improvements to the Oak Meadow Park Bandstand (CIP Project No. 831-4007).

Nicolle Burnham, Director of Parks and Public Works, presented the staff report.

Opened Public Comment.

Margaret Smith
- Requested improvements to the restrooms at Oak Meadow Park.

Closed Public Comment.

Council discussed the item and received the update.

Recess 8:53 p.m.

Reconvene 9:03 p.m.

PUBLIC HEARING

11. Introduce an Ordinance, by Title Only, 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. Town Code Amendment Application A-22-002. Location: Town-wide.

Applicant: Town of Los Gatos.

Ryan Safty, Associate Planner, presented the staff report.

Opened Public Comment.

Scott Watson
- Referenced material he submitted for the record and commented on requirements in Section 7 titled Cut and Fill and Section 8 titled Building Sites.

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PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 1, 2022 DATE: November 1, 2022
Public Hearing Item #11 - continued
Ivy
- Commented on concerns with slope restrictions; height limitation; 1,200 sq. ft. limitation for the first SB9 unit; and standard zoning setbacks.

David Hutchinson
- Commented on concerns with the 30% slope restriction and setback privacy restrictions.

Russ Knister
- Commented on the Floor Area Ratio (FAR) rules for split lots and suggested increasing the FAR.

Christopher Bajorek
- Commented on concerns with the subdivision of a lots and enforcement of the intent to occupy.

Eric Wade
- Commented in support of fewer restrictions on SB9 lots.

Tony Jeans
- Commented on flag lot setbacks from the rear property line; commented on stepback requirements for the second floor; and stated support for an 18-foot height limit on hillsides.

Lee Quintana
- Commented on having a separate section of the ordinance specific to hillside properties; calculations to determine the FAR; flag lot setbacks; supported an 18-foot height limit on hillsides; and stated concerns with the using objective and discretionary standards.

Closed Public Comment.

Council discussed the item.

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SUBJECT: Draft Minutes of the Town Council Meeting of November 1, 2022 DATE: November 1, 2022
Public Hearing Item #11 - continued
MOTION: Motion by Council Member Hudes to introduce the Ordinance, by title only, as recommended by the Planning Commission with the following modifications: no required front setbacks on flag lots; 18-foot driveway; an occupancy affidavit modeled after the ones used by the Town of Atherton and Santa Clara County which also includes language that says applicants for an urban lot split under SB9 will sign and record a deed restriction that they will use one of the units as their primary residence for a minimum of three years; bring back in three months options to address Fire Hazard Area and affordability models by looking at what other municipalities have done; include standard notifications used for minor residential development with a QR code; and amend the ordinance to change the five-foot step-back to be interior and rear only. Seconded by Council Member Badame.

VOTE: Motion passes unanimously.

Town Clerk Wood read the title of the ordinance.

12. Introduce an Ordinance, by Title Only, Effecting Amendments Repealing and Replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code with the New 2022 California Building and Fire Codes, as Amended, Including Reach Codes. Town Code Amendment Application A-22-003. Project Location: Town Wide. Applicant: Town of Los Gatos.

Robert Gray, Chief Building Official, presented the staff report.

Opened Public Comment.

Kristel Wickham, Sierra Club Loma Prieta Chapter
- Commented in support of the proposed draft ordinance.

Closed Public Comment.

The Council discussed the item.

MOTION: Motion by Council Member Sayoc to introduce an ordinance, by title only, effecting amendments repealing and replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code with the new 2022 California Building and Fire Codes, as amended, including reach codes.

Seconded by Vice Mayor Ristow.

VOTE: Motion passes unanimously.

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PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 1, 2022 DATE: November 1, 2022
Public Hearing Item #12 - continued
Town Clerk Wood read the title of the ordinance.

OTHER BUSINESS

13. Provide Direction on the Approach to the Plant-Based Diet Education Implementation Program in the 2040 General Plan (Environment and Sustainability Element Program CC).

Laurel Prevetti, Town Manager, presented the staff report. Library Director Ryan Baker provided additional information.

Opened Public Comment.

Lisa Wade
- Commented in support of plant-based education program funding and advertising.

Karen Aidi
- Commented in support of a plant-based education program.

Richard Kananen
- Commented in support of a low-cost, plant-based education program.

Closed Public Comment.

Council discussed the item and provided direction to staff.

ADJOURNMENT
The meeting adjourned at 11:38 p.m.

Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk

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PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 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: 3
DATE: November 3, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees
RECOMMENDATION:

Adopt a Resolution reaffirming Resolution 2021-044 and making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and, due to health and safety concerns for the public, authorizing the use of hybrid meetings for the Town Council and the continued use of virtual meetings for Boards and Commissions while Town staff makes the necessary arrangements to transition to hybrid meetings for all Town Boards, Commissions, and Committees.

BACKGROUND:

On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed for relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to conduct meetings through teleconferencing without having to meet the strict compliance of the Brown Act. All provisions of Executive Order N-29-20 concerning the conduct of public meetings expired on September 30, 2021.

AB 361 was signed into law by the Governor on September 16, 2021, and went into effect immediately upon signing. It amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021, expiration of the current Brown Act exemptions as long as there is a "proclaimed state of emergency" by

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SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: November 3, 2022
BACKGROUND (continued):
the Governor. This allowance also depends on State or local officials imposing or recommending measures that promote social distancing or a legislative body finding that meeting in person would present an imminent safety risk to attendees.

DISCUSSION:

The County Public Health Officer continues to recommend that public meetings be conducted remotely. The Town Council will continue to provide a remote participation option in addition to in-person meetings. Staff will gradually transition all Town Board, Commission, and Committee meetings to a similar hybrid format.

AB 361 requires Public agencies to make findings by majority vote within 30 days of the first teleconferenced meeting under AB 361 and every 30 days thereafter that a state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that officials continue to impose or recommend measures to promote social distancing.

Town Council adopted Resolution 2021-044 on October 5, 2021 regarding Brown Act compliance and teleconferencing pursuant to Government Code Section 54953, as amended by AB 361, and adopted resolutions on the following dates reaffirming Resolution 2021-044:
 November 2, 2021 adopted Resolution 2021-046
 November 16, 2021 adopted Resolution 2021-048
 December 7, 2021 adopted Resolution 2021-054
 December 21, 2021 adopted Resolution 2021-059
 January 18, 2022 adopted Resolution 2022-001
 February 1, 2022 adopted Resolution 2022-003
 February 15, 2022 adopted Resolution 2022-004
 March 1, 2022 adopted Resolution 2022-006
 March 15, 2022 adopted Resolution 2022-009
 April 5, 2022 adopted Resolution 2022-013
 April 19, 2022 adopted Resolution 2022-017
 May 3, 2022 adopted Resolution 2022-021
 May 17, 2022 adopted Resolution 2022-031
 June 7, 2022 adopted Resolution 2022-032
 June 21, 2022 adopted Resolution 2022-037
 July 12, 2022 adopted Resolution 2022-048
 August 2, 2022 adopted Resolution 2022-050
 August 16, 2022 adopted Resolution 2022-055
 September 6, 2022 adopted Resolution 2022-056

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PAGE 3 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: November 3, 2022
DISCUSSION (continued):
 September 20, 2022 adopted Resolution 2022-059
 October 4, 2022 adopted Resolution 2022-060
 October 18, 2022 adopted Resolution 2022-065
 November 1, 2022 adopted Resolution 2022-068
CONCLUSION:

Adopt a Resolution reaffirming Resolution 2021-044 making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the continued use of virtual meetings. The Town Council will conduct hybrid meetings and staff will work to prepare for a transition to hybrid meetings for all Town Boards, Commissions, and Committees.

COORDINATION:

This report was coordinated with the Town Attorney and Town Manager’s offices.

FISCAL IMPACT:

There will be no fiscal impact to the Town at this time.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. Draft Resolution

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1 of 3
Resolution 2022 - Date
ATTACHMENT 1
DRAFT RESOLUTION 2022-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REAFFIRMING RESOLUTION 2021-044 REGARDING BROWN ACT COMPLIANCE AND TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, DURING THE COVID-19 PANDEMIC WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 12, 2020, the Town Manager of Los Gatos acting in the capacity of Town of Director of Emergency Services, issued a Proclamation of Local Emergency; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that local legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and
WHEREAS, on March 17, 2020, the Town Council of the Town of Los Gatos ratified the Proclamation of Local Emergency as set forth in Resolution 2020-008 and remains in full force and effect to date; and
WHEREAS, on June 4, 2021, the Governor clarified that the “reopening” of California on June 15, 2021, did not include any change to the proclaimed state of emergency or the powers exercised thereunder; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter as “AB 361”); and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361, which added subsection (e) to Government Code section 54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, the Town Council of the Town of Los Gatos approved Resolution No. 2021- 044 on October 5, 2021, declaring the need for the Town Council, Boards, Commissions, and Committees to continue to meet remotely in order to ensure the health and safety of the

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ATTACHMENT 1
public; and
WHEREAS, the Town of Los Gatos remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention recommends physical distancing of at least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer fresh air from the outdoors, particularly for people who are not fully vaccinated, or are at a higher risk of severe illness due to COVID-19; and WHEREAS, that the Santa Clara County Public Health Department continues to recommend that public bodies meet remotely to the extent possible; and WHEREAS, technology exists that allows full participation from members of the public without requiring in-person attendance at a Town Council, Board, Commission, or Committee meeting.

WHEREAS, the Town Council has considered all information related to this matter, including the associated staff report and other information relating to COVID-19 provided at prior public meetings of the Town Council; and
WHEREAS, the Town Council wishes to conduct hybrid meetings, at which members of the public have the option to participate remotely, and to transition to hybrid meetings for the Town’s Boards, Commissions, and Committees; and
WHEREAS, the Town Council wishes to adopt a Resolution finding that the requisite conditions continue to exist for the legislative bodies of the Town of Los Gatos, as defined in the Brown Act, to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:

1. The Town Council hereby finds that the fact set forth in the above recitals and as contained in Resolution 2021-044 are true and correct, and establish the factual basis for the adoption of this Resolution;

2. There is an ongoing proclaimed state of emergency relating to the novel coronavirus causing the disease known as COVID-19 and as a result of that emergency, meeting inperson may present risksto the health orsafety of attendees of in-person meetings of this legislative body and all Town advisory bodies within the meaning of California Government Code section 54953(e)(1).

3. Under the present circumstances, including the risks mentioned in the preceding paragraph, attendeesmay wish to participate in Town meetings remotely.

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4. As authorized by Assembly Bill 361, the Town Council wishes to conduct hybrid meetings and to transition to hybrid meetings for the Town’s Boards, Commissions, and Committees.

5. Staff are directed to take all actions necessary to implement this Resolution for all Town Council meetings and Town Board, Commission, and Committee meetings on a rolling basis, in accordance with the foregoing provisions and the requirements of Government Code section 54953, as amended by Assembly Bill 361, including but not limited to returning for ratification of this Resolution every 30 days after teleconferencing for the first time pursuant to Assembly Bill 361 for so long as either of the following circumstances exists: (a) the state of emergency continues to directly impact the ability of this legislative body to meet in person; and/or (b) state or local officials, including but not limited to the County Health Officer, continue to impose or recommend measures to promote social distancing.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15
th day of November 2022, 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: __________________

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PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 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: 4
DATE: November 8, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance to Amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday RECOMMENDATION:

Adopt an Ordinance (Attachment 1) to Amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday.

DISCUSSION:

On November 1, 2022 the Town Council considered and voted to introduce an ordinance amending Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday. Adoption of the Attached Ordinance (Attachment 1) would finalize that decision. The Ordinance will take effect 30 days after its adoption.

COORDINATION:

This report was coordinated with the Town Attorney’s Office and the Town Managers Office.

FISCAL IMPACT:

This agenda item will add one new paid holiday to the Town’s official holiday calendar.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

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SUBJECT: Add the Juneteenth Holiday to Official Town Holidays DATE: November 8, 2022
Attachments:

1. Redline Draft Ordinance

2. Clean Draft Ordinance

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 1.10.075, “OFFICIAL TOWN HOLIDAYS – DESIGNATED; EXCEPTIONS” TO ADD JUNETEENTH AS A TOWN HOLIDAY
WHEREAS, Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” lists the Town holidays;
WHEREAS, Juneteenth has been included as a holiday in the Town’s recently-amended memorandums of understanding with the Town’s labor organizations; and WHEREAS, the Town Council deems it necessary to amend Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code to add Juneteenth, to the list of recognized Town holidays in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as follows:

SECTION I. Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code is hereby amended to add the following underlined language and re-number the holidays:

Sec. 1.10.075. Official Town holidays—Designated; exceptions. (a) The following days shall be holidays for the Town:
(1) January first.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) Juneteenth
(6)(5) July fourth.
(7)(6) The first Monday in September.
(8)(7) Thanksgiving Day.
(9)(8) The Friday following Thanksgiving Day.
(10)(9) December twenty-fifth.
(11)(10) Every day appointed by the President or Governor for a public fast, thanksgiving or holiday, which is also designated as a Town holiday by the Mayor through written directive. ATTACHMENT 1

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(b) If any of the holidays designated above fall upon a Saturday, the preceding Friday, instead of Saturday, shall be the holiday. If any of the holidays designated above fall upon a Sunday, the succeeding Monday, instead of Sunday, shall be the holiday. (c) If provisions of this section are in conflict with provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, then the provisions shall not become effective unless approved by the Town Council in the annual budget.
(Code 1968, § 1-13)
SECTION 2. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable
SECTION 3. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 4. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. 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 5. EFFECTIVE DATE. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is adopted.

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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: __________________

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DRAFT ORDINANCE

SECTION I. Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code is hereby amended to add the following underlined language and re-number the holidays:

Sec. 1.10.075. Official Town holidays—Designated; exceptions. (a) The following days shall be holidays for the Town:
(1) January first.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) Juneteenth
(6) July fourth.
(7) The first Monday in September.
(8) Thanksgiving Day.
(9) The Friday following Thanksgiving Day.
(10) December twenty-fifth.
(11) Every day appointed by the President or Governor for a public fast, thanksgiving or holiday, which is also designated as a Town holiday by the Mayor through written directive. ATTACHMENT 2

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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: __________________

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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);

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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

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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 twounit 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 twounit 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 carshare 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 nonconforming 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 declaresthatit would haveadopted theremainder of this Ordinance, including each section, subsection, sentence, clause, phrase, or portion irrespective of the invalidity of anyother 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: __________________

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Councilmembers:

Thank you for you deliberation on this matter this last week. I think that a reasonable decision was made as to the final wording of the ordinance. I still have some reservations as to the ‘Objective Design Restrictions’, but can live with them for a while and will use the A&S proceed after an ULS where I cannot.

Now that I have gone through a few of these Urban Lot Splits in various jurisdictions, I just wanted to share with you some practical insights about a concern voiced at the hearing [and put in the motion for a 3-month review] that I think you should be aware of - specifically in the HR Zoning Districts. This might not prove to be such a concern in the long run.

Specifically, when a property is located in a VHFHZ the Fire Department looks at the projects very carefully! More specifically they apply a set of recently enacted state rules related to “Access”. It is unlikely that they will approve a project if any of the following conditions occurs:

1. The property is on a dead-end street with no alternate egress. The length of street allowed varies by zoning district, but would not typically be over 1/4 mile.

2. The street used to access the property is less than 20 ft in width. [many roads/streets in HR are less than that].

3. There is no fire hydrant with adequate psi and flow rate within 600 ft of the rear of the residence.

4. There is no fire truck turnaround at the end of the street.

In a project in Monte Sereno in which I am involved there is a 950 ft long private dead-end street in the HR-1 zoning district [equivalent]. Based on Fire Department conditions [not the City’s - as it cannot legally impose off-site improvements], the homeowner has elected to:

1. Widen the street, within the roadway easement, to satisfy fire truck access requirements.

2. Install a second fire hydrant on the street.

3. Improve the Emergency Vehicle turnaround at the end of the street.

So in the end we have a situation where - yes - a project was approved in a hillside VHFHZ. But the entire neighborhood has benefitted significantly with a widened street, a new hydrant, a new home which will have fire sprinklers, and generally-improved fire hazard security to the community. I contend that instead of finding some hyper-restrictive wording with which to justify denial of a project we let the fire department constraints dictate project feasibility. They have the true knowledge and expertise in this field and state law to back it up. Projects in “difficult to access” Hillside areas will not be feasible. This might not satisfy some homeowners in more remote areas, but it will put the brakes on indiscriminate hillside development in Fire Hazard Zones.

With that in mind, I would ask that the Planning Process should ask for a preliminary SCCFD Review for VHFHZ [or perhaps all] projects prior to asking a homeowner to invest tens of thousands of dollars to create detailed plans after Preliminary approval only to hit a ‘Fire-wall’ when they submit for a detailed ULS or 2UD.

Thank you for your consideration.

Tony Jeans
ATTACHMENT 2 Page 47
TonyI like your argument that often these projects improve the fire safety of the general neighborhood, by widening the street, adding hydrants, and adding turnarounds. Indeed I have a project that is doing exactly that in order to even be able to build. So being able to add units in fact improves fire safety in VHSFZ . We should all push this point.

Noel
Noel Cross+Architects

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From: Ivy Chang
Sent: Monday, November 7, 2022 9:39 AM
To: Attorney <[email protected]>; Gabrielle Whelan < Cc: Scott Watson <
Subject: SB9 Ordinance - 30% Slope Restriction

EXTERNAL SENDER
To: Town Attorney Ms. Whelan,
Congratulations on your appointment to Town Attorney in April. Since your service in the Town of Los Gatos is less than one year, I would like to provide some history regarding slope restriction in the Hillside Development Standards and Guideline, as well as Town Code.

The Hillside Development Standards and Guidelines was adopted by Council in January 2004.

In Chapter 2, Site Selection, page 12 - It says “LRDA - least restrictive development area. Topography, with emphasis on slopes over 30%.

In Chapter 6, Site Elements, page 53 - it says Swimming Pools and Sport Courts are prohibited on slope greater than 30 percent.

It only restricts 30% slope for swimming pool and sport courts, NOT for the development of a house. However, the Town added 30% slope restriction in the SB9 Ordinance to lessen the intensity of housing.

I’ve reached out to the Attorney General regarding this violation of the Housing Crisis Act of 2019. Rob Bonta’s office encouraged me to continue to work with local government towards a resolution. I also reached out to Compliant Review @HCD. HCD told me that they do not have enforcement authority over SB9, however they will review the potential violation of the HCA. Per my conversation with a land use attorney, adding 30% slope restriction on SB9 will reduce the intensity of use, which is clearly a violation of HCA state law. I’ve attached SB9 factsheet regarding HCA at page 7. (Gov. Code, § 66300, subd. (b)(1)(A).)”:

In the Nov 1, 2022 Town Council meeting, there were 4 hillside residents who expressed concerns on the SB9 30% slope restriction during the public hearing. However, there was zero feedback to address the 30% slope restriction by the Town Mayor, Town Council or Town Attorney.

Town of Los Gatos has used both Hillside Development Standards and Guideline and Town Code since 2004. For each development, the LRDA is reviewed by planning commission. For at least one development in 2017, the Town approved a building site with 55% slope – far greater than the 30% guidance. I provide more details below.

I’m writing my email to try again to get resolution as suggested by Attorney General Rob Bonta.

Please investigate:

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1. Why there is no 30% slope restriction for house development in the Town Code? Town Code define 8’ cut restriction, which is measurable by Town’s inspector. The geotechnical, and geological reports are required for building permit. If the investigation and engineers confirmed the site is buildable, even it is 31% slope on average house site, it is still buildable. I believe it is the reason there is no 30% slope restriction language in Town Code.

2. Why Town Council approved a 55% slope development site, while restricting SB9 development by code to 30% slope?
Town Staff suggested to approve the application of 55% slope development (26 Alpine Ave) in July 2017. Town Council granted approval in Dec 2017. The house is under construction today at 55% average slope of house footprint.

During the Town Council meeting, Both Town Mayer Rob Rennie and Town Attorney Robert Schultz repeated Geotechnical’s comment regarding it is buildable lot. The 55% slope did not stop the project in standard development per Town Code. There is no state law to allow the Town to add 30% slope restriction ONLY on SB9 development.

3. Town Staff told me that all of the restriction will be exempted for a minimum 800 sqft SB9 development. This statement might be correct under SB9 state law, however, adding 30% slope restriction ONLY on SB9 development still violates HCA state law by reducing the intensity of land use. I expect the Town Attorney to educate Town Staff.

I respectfully request the Town REMOVES the “30% slope restriction” in SB9 Ordinance, because it is not in Town’s standard development code, and hence violates HCA state law. The SB9 ordinance page 7 Cut and Fill table can well control hillside development as defined by Town Code and Hillside Development Standards and Guideline.

Please advise if you conclude that the Town can legally add a 30% slope restriction to reduce the intensity of land use by SB9 ordinance. If so, please provide the code. I have also attached two public comments which we sent regarding slope restriction to staff before Nov 1 Town Council Meeting.

Below is more detailed information regarding 55% slope development I referred:

Address: 26 Alpine Avenue
Footprint of house average slope: 55%
Average slope of lot: 41%.

Planning commission hearing on July 26, 2017, time 40:49 https://www.youtube.com/watch?v=CC7f48FsP5M&t=12s.

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Town staff explain the chapter 2 - “LRDA including many things beyond just slopes”, time 2:46:21:

Town Council hearing on Dec 19, 2017, time
1:45:55 https://www.youtube.com/watch?v=GLCLgb4VlEM&t=6696s Town Attorney Robert Schultz commented “both the Geotech and it was peer-reviewed say it is a buildable lot”, time 2:42:00
Town Mayor Rob Rennie commented “geotechnical consultants that it is doable and safe, so I’m more on the side of accepting the project (55% slope project)”, time 2:50:48 Item 04 - 26 Alpine Ave - Laserfiche WebLink (losgatosca.gov) - Planning Commission July 26, 2017 Item 19 - 26 Alpine Ave - Architecture and Site Application S-16-052 and Mitigated Negative Declaration ND-17-001 - Laserfiche WebLink (losgatosca.gov) - Town Council, December 19, 2017 Item 2 - 26 Alpine Ave - Time Extension - Laserfiche WebLink (losgatosca.gov) – Planning Commission, November 13, 2019 for Time Extension
I look forward to hearing from you.

Beat Regards,
Ivy Chang and Scott Watson

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PREPARED BY: Jennifer Armer
Planning Manager
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

DESK ITEM
DATE: November 15, 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
REMARKS:

Attachment 3 includes additional public comments received between 11:01 a.m., Thursday, November 10, 2022, and 11:00 a.m., Tuesday, November 15, 2022.

ATTACHMENTS:

Attachments previously with November 15, 2022 Staff Report:

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
Attachments with this Desk Item:

3. Public comments received between 11:01 a.m., Thursday, November 10, 2022, and 11:00 a.m., Tuesday, November 15, 2022

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From: Ivy Chang
Sent: Monday, November 14, 2022 3:32 PM
To: Rob Rennie <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Marico Sayoc <[email protected]>
Cc: Gabrielle Whelan <[email protected]>; Ryan Safty <[email protected]>; Jennifer Armer <[email protected]>
Subject: SB9 Ordinance

EXTERNAL SENDER
Dear Town Mayor and Town Councils,
This is Ivy Chang, a homeowner and resident of hillside Los Gatos.

I’ve reached out to the Attorney General regarding a SB9 violation. Rob Bonta’s office encouraged me to continue to work with local government towards a resolution. Therefore, I’m writing you this email directly.

1. 30% slope restriction in SB9 Ordinance.

It is not only violating State law, but also inviting violations! If a residence has a 30% slope building footprint, will they give up SB9 ministerial approval and go for 2+ years A&S application? Or they will ask topographic surveyor to adjust to 29.9%? How about if it’s 31%, 33% or even 35% slope development? What will they do? What will you do? SB9 law authorize cities to adopt SB9 ordinance locally. BUT the Code states that the ordinance needs to be “uniformly verifiable”. If you measure the slope from different angle, the result will be slightly different. How can Town Inspector uniformly verify the slope? The Town Council of 2004 controls the hillside development in a smart way and does not invite violations. The spirit of Town Code is Measurable, Verifiable and Non-debatable, including sections such as: HSD&G Chapter 2 - “LRDA - least restrictive development area, Topography, with emphasis on slopes over 30%, Chapter 3 - A cuts and fills table. There are designed to be “uniformly verifiable” by the Town Inspector.

Even you didn’t mean to invite the violation on slope, it will happen in the real world, when an ordinance of 30% slope cannot be uniformly verifiable. I follow the rules and regulations, and that is why I speak out, because ordinance which is not uniformly verifiable may invite violations.

In Summary regarding the addition of the 30% slope restriction in the Town’s SB9 ordinance:

It violates 66300 - it lessens the intensity of land use.

It violates 65852.21 and 66411.7 - it’s not uniformly verifiable.

And even worse…. It’s inviting violation of 30%, 31% or even 35%+ development. And with ministerial approval at Staff Level, it puts hillside development at the risk.

Town staff did a great job to include HSD&G cuts and fill table in SB9 ordinance, as well as 15% slope driveway requirement to align fire dept regulation. Steep slope can’t be developed by 8’ cut restriction and 15% slope driveway requirement, which can well control the hillside development. Please remove to 30% slope restriction on the building site to avoid inviting violations.

If you haven’t thought of the 30% slope restriction will invite the violation as it’s not uniformly verifiable by Town Inspector, please revisit and remove the restriction.

ATTACHMENT 3

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If you have thought of it, but still want to keep the 30% slope restriction. Please explain how can you prevent the violation of 30%, 31% or even 35%+ development? How can you address Town’s violation of SB9 code 65852.21 and 66411.7? The code says the ordinance needs to be uniformly verifiable: No personal or subjective judgment. 29.9% slope vs. 30% slope, 0.1% slope gap will be inviting personal judgement, inviting violation.

2. 1,200 sqft max of 1st SB9 unit
I’m a landlord and familiar with real estate market. Most newer homes are 1,800 sqft anf above. Only older homes are less than 1,500 sqft in Los Gatos. When rental pricing increased, renter will downsize the house to save rent. However, these smaller homes are old and ugly.

When people build a new house today, they normally build 1,800 sqft or more for better return on investment. Or build a less than 1,200 sqft ADU. With that, there will be limited new house in between 1,200 sqft – 1,700 sqft in coming years.

With this SB9 first units, you have the power to fulfill the portfolio of affordable homes. An additional 100-200 sqft can add in a small office or bedroom. 10 years from now, you can be proud of yourself, because you enable the options for the affordable house market for your residence.

If you haven’t thought of the portfolio of affordable homes, please approve to increase the first SB9 unit limitation to 1,400 sqft.

If you have thought of it, but still keep 1,200 sqft max, please explain why you don’t give those people option between 1,300 sqft to 1,400 sqft house, when you can enable it? In Summary
I sincerely ask your review:

1. Remove the 30% slope restriction, to make SB9 Ordinance Measurable, Verifiable and Nondebatable. It can be “uniformly verifiable” by Town Inspector, in the spirit of Town Code for hillside development.

2. Increase first SB9 unit to 1,400 sqft – give your residents some options in affordable house market.

If you need more time to make right decision for your residences, please postpone Consent Agenda - Item 5 of Nov 15 Town Council meeting. I’ve also attached my email to Town Attorney regarding the violation of State Law in details.

I look forward to hearing from you.

Best regards,
Ivy Chang

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From: Ivy Chang
Subject: Re: SB9 Ord nance - 30% S ope Restr ct on
Date: November 14, 2022 at 3:26 PM
To: Gabr e e Whe an GWhe an@ osgatosca.gov
Cc: Ryan Safty RSafty@ osgatosca.gov
Dear Ms Whe an
Thank you for your response
I understand peop e interpret aws different y even among attorneys I ve consu ted with a Land Use Attorney Unfortunate y both of your interpretation of Gov Code is different So I am writing this emai again to see if we can c ose the gap In Summary regarding the addition of the 30% slope restriction in the Town’s SB9 ordinance:

It violates 66300 - it lessens the intensity of land use.

It violates 65852.21 and 66411.7 - it’s not uniformly verifiable.

And even worse…. It’s inviting violation of 30%, 31% or even 35%+ development. And with ministerial approval at Staff Level, it puts hillside development at the risk.

I respectfully request Town Attorney to remove the 30% slope restriction and help Town Council to adopt the SB9 Ordinance with Measurable, Verifiable and Non-debatable ordinances, in line with the the spirit of exisiting Town Code. I will also write an email to the Town Council members and copy you to highlight my concerns. 65852.21 and 66411.7 (SB9)
There is no doubt that code authorize towns to adopt SB9 ordinance oca y But the Code states that the ordinance needs to be “uniform y verifiab e” If you measure the s ope from different ang e the resu t wi be s ight y different (1) P ease consu t with Town Staff how do they uniform y verify the 29% 30% or 31% before approving the permit? (2) P ease consu t with Town Inspector how do they uniform y verify the s ope of 29% 30% or 31% On-Site? I be ieve the Town Attorney was we invo ved when HDS&G was adopted in 2004 because the Town Code is Measurab e Verifiab e and Non-debatab e It s “uniform y verifiab e” by Town Inspector which is in the spirit of Town Code As a Town Attorney today p ease he p the Town Counci to make a “uniform y verifiab e” SB9 ordinance Adding a 30% restriction not on y vio ates state aw but a so invites vio ation of 30% 31% or even 35% deve opment 66300, subd. (b)(1)(A) Housing Crisis Act
Perhaps you are mixing the Housing Crisis Act vs Housing Accountabi ity Act The state aw I was referring is under Housing Crisis Act not Housing Accountabi ity Act as in your emai Code 66300 says effect on January 1 2018 the town can t make more restrictive ordinances to essen the intensity of and use SB9 become aw in 2021 which is app ied under Code 66300 However you interpreted SB9 aw is not app ied under Code 66300 because SB9 is after 2018 If that is the case why the Code 66300 is cited in SB9 factsheet?! SB9 factsheet page 7 it c ear y states: “Any proposed modification to an “existing deve opment standard” app icab e in the sing efami y residentia zone must demonstrate that it wou d not resu t in a reduction in the intensity of the use ” Either the “existing deve opment standard” refers to Town Code or SB9 800 sqft aw but neither of these have a 30% s ope restriction Therefore adding a 30% s ope restriction to essen intensity of and use wi vio ate Code 66300 subd (b)(1)(A) House Crisis Act
Here is the Code I referred:

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I ook forward to hearing from you
Best Regards
Ivy Chang
On Nov 11 2022 at 8:55 AM Gabrie e Whe an <GWhe an@ osgatosca gov> wrote:

Hello, Ms. Chang.

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<image003.jpg
Government Code Sections 65852.21 and 66411.7 (SB 9) authorize cities to adopt objective zoning, subdivision, and design standards that are applicable to SB 9 projects.

The state Housing Accountability Act does prohibit cities from reducing the intensity of land use below what was in effect on January 1, 2018. Since the Town’s zoning ordinance did not authorize SB 9 projects until SB 9 became law, the Town is not reducing the intensity of this land use.

In addition, “intensity of land use” is defined to mean “residential development capacity.” Since the Town’s proposed ordinance authorizes “by right” units of 800 square feet or less, the ordinance does not limit “residential development capacity.”
Gabrielle Whelan ! Town Attorney
Town Attorney’s Office ! 110 E Main Street, Los Gatos, CA 95030 Desk: 408.354.6818 ! [email protected]
www.losgatosca.gov ! https://www.facebook.com/losgatosca From: Ivy Chang
Sent: Monday, November 7, 2022 9:39 AM
To: Attorney <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Scott Watson
Subject: SB9 Ordinance - 30% Slope Restriction

The Hillside Development Standards and Guidelines was adopted by Council in January 2004.

In Chapter 2, Site Selection, page 12 - It says “LRDA - least restrictive development area. Topography, with emphasis on slopes over 30%.

In Chapter 6, Site Elements, page 53 - it says Swimming Pools and Sport Courts are prohibited on slope greater than 30 percent.

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HCD told me that they do not have enforcement authority over SB9, however they will review the potential violation of the HCA. Per my conversation with a land use attorney, adding 30% slope restriction on SB9 will reduce the intensity of use, which is clearly a violation of HCA state law. I’ve attached SB9 factsheet regarding HCA at page 7. (Gov. Code, § 66300, subd. (b)(1)(A).)”:

In the Nov 1, 2022 Town Council meeting, there were 4 hillside residents who expressed concerns on the SB9 30% slope restriction during the public hearing.

However, there was zero feedback to address the 30% slope restriction by the Town Mayor, Town Council or Town Attorney.

I’m writing my email to try again to get resolution as suggested by Attorney General Rob Bonta. Please investigate:

Please advise if you conclude that the Town can legally add a 30% slope restriction to reduce the intensity of land use by SB9 ordinance. If so, please

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provide the code. I have also attached two public comments which we sent regarding slope restriction to staff before Nov 1 Town Council Meeting.

Below is more detailed information regarding 55% slope development I referred:

Address: 26 Alpine Avenue
Footprint of house average slope: 55%
Average slope of lot: 41%.

Planning commission hearing on July 26, 2017, time 40:49 https://www.youtube.com/watch?v=CC7f48FsP5M&t=12s.

Town staff explain the chapter 2 - “LRDA including many things beyond just slopes”, time 2:46:21:

Town Council hearing on Dec 19, 2017, time 1:45:55
https://www.youtube.com/watch?v=GLCLgb4VlEM&t=6696s
Town Attorney Robert Schultz commented “both the Geotech and it was peerreviewed say it is a buildable lot”, time 2:42:00 Town Mayor Rob Rennie commented “geotechnical consultants that it is doable and safe, so I’m more on the side of accepting the project (55% slope project)”, time 2:50:48
Item 04 - 26 Alpine Ave - Laserfiche WebLink (losgatosca.gov) - Planning Commission July 26, 2017
Item 19 - 26 Alpine Ave - Architecture and Site Application S-16-052 and Mitigated Negative Declaration ND-17-001 - Laserfiche WebLink (losgatosca.gov) - Town Council, December 19, 2017
Item 2 - 26 Alpine Ave - Time Extension - Laserfiche WebLink (losgatosca.gov) – Planning Commission, November 13, 2019 for Time Extension I look forward to hearing from you.

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From: Ivy Chang
Sent: Tuesday, November 15, 2022 9:37 AM
To: Rob Rennie <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Marico Sayoc <[email protected]>
Cc: Gabrielle Whelan <[email protected]>; Ryan Safty <[email protected]>; Jennifer Armer <[email protected]>
Subject: Re: SB9 Ordinance

EXTERNAL SENDER
Dear Town Attorney, Town Mayor and Town Councils,
I recommend the following resolution to eliminate the concerns of hillside development, as well as meet the state law as "uniformly verifiable”:

1. Remove the **below grade square footage as attached. Only allow 8’ cut, instead of no limitation cut for below grade square footage. Along with the driveway requirement in current SB9 ordinance. It can well prevent the steep slope development as below:
- House: allow 8’ cut only.
- Driveway: allow 4’ cut 3’fill, minimum 12 feet width, and maximum 15% slope.

2. Remove (8) Building Site - 30% slope restriction, to avoid violation of state law or inviting violation.

I look forward the SB9 Ordinance to be Measurable, Verifiable and Non-debatable. Uniformly verifiable per State Law. NOT inviting the violation!

Also, please find the link of Planning Commission meeting on July 26, 2017.

During slope discussion of the 26 Alpine project, one of the Commissioner asked if Town verified the Applicant's slope. Staff commented that “We don’t allow to do our own survey and do our own topo at every site”.

Please check out the time 55:03. https://www.youtube.com/watch?v=CC7f48FsP5M&t=13s The conversation of the slope verification from 52:38-55:21

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Best Regards,
Ivy Chang

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-----Original Message-----
From: quintana
Sent: Tuesday, November 15, 2022 9:59 AM
To: Laurel Prevetti <[email protected]>
Subject: SB 9 Ordinance

EXTERNAL SENDER
Hi Laurel,
A follow up to our recent discussion: Please refer to Sec. 29.10.660(a)(5) I had started comments for a desk item on the tonight's Consent Agenda Item #5 (Draft SB 9 Ordinance) Item #5. It started with a discussion of at least two ways that Sec. 29.10.660 might be interpreted:
.
1) Once a choice is made to use the ministerial review and approval process under the SB 9 Ordinance then any subsequent development resulting from that approval would is required to use the ministerial review and approval process establed by The Ordinance (my interpretation) or 2) An applicant may choose to use the SB 9 Ordinance ministrial process for an initial approval subject to SB 9 but may then choose to Town's discretionary A&S process for subsequent development on the site. (Tony Gene's interpretation, as stated in the first paragraph of Attachment 2' letter from Tony Gene)
This came to an abrupt halt when I reach the following on page 14 of the 15 page text:

Sec. 29.10.660 Application Process for an Urban Lot Split (a)(5) Development. Development on the resulting parcel is limited to a project approval by the two-unit housing development process or through the Town's standard discretionary process.

My immediate reaction was Really! You Have To Be Joking! Is this really the intent of the Ordinance! and then:
1) This relates more to the to the Two-Unit Development Process than to the application process for an Urban Lot Split.
2) Why is it burried at on the 14th page Ordinance that has 15 pages of text? - 3) Was this intentional?
3) Is this really the intention of the Town and Town Council? I will toss my all od draft comments and instead only wish to speak to this at the meeting tonight. Do I ask to speak under Public Communication or under the Concent Calendar? Please acknowledge receipt of this e-mail. And please forward to others, if appropriate.

Thanks, Lee

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PREPARED BY: Robert Gray
Building Official
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 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: 6
DATE: November 10, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Effecting Amendments Repealing and Replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code with the New 2022 California Building and Fire Codes, as Amended, Including Reach Codes. Town Code Amendment Application A-22-003. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Adopt an Ordinance (Attachment 1), effecting amendments repealing and replacing Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code with the new 2022 California Building and Fire Codes, as amended, including reach codes.

DISCUSSION:

On November 1, 2022 the Town Council considered and voted to introduce an Ordinance amending Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection including reach codes. Adoption of the attached Ordinance (Attachement1) would finalize that decision.

This ordinance containing the new 2022 CCR, Title 24, with local amendments including reach codes will become effective January 1, 2023.

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PAGE 2 OF 2
SUBJECT: Town Code Amendments – Building and Fire Codes DATE: October 27, 2022
ENVIRONMENTAL ASSESSMENT:

Adoption of this ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not impact the physical environment. (CEQA Guidelines Section 15378.) If adoption of this ordinance were a project, it would be categorically exempt from CEQA as an action by a regulatory agency for the protection of natural resources (CEQA Guidelines Section 15307) and the environment (CEQA Guidelines Section 15308).

Attachment:

1. Draft Ordinance Adopting New Building and Fire Codes.

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ATTACHMENT 1

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING CHAPTER 6, BUILDING REGULATIONS, AND CHAPTER 9, FIRE PREVENTION AND PROTECTION, AND
ADOPTING NEW 2022 CALIFORNIA BUILDING AND FIRE CODES, AS AMENDED,

INCLUDING REACH CODES
WHEREAS, every three years, 14 State of California agencies review, amend, and propose model codes to be adopted by the Building Standards Commission; and WHEREAS, the California Building Standards Commission completed the adoption and approval of 12 new building codes, and local jurisdictions are required to adopt these codes by January 1, 2023; and
WHEREAS, the Town of Los Gatos is proposing to adopt and amend Part 1, the California Administrative Code to address administrative provisions; and WHEREAS, the Town of Los Gatos is proposing to adopt the California Code of Regulations (CCR), Title 24 as Chapter 6 and the California Fire Code as Chapter 9 of the Town Code and to make amendments to address climatic, topographic, and geological conditions; and
WHEREAS, the Town of Los Gatos is proposing to adopt the 2021 International Property Maintenance Code to provide procedures for the maintenance, repair, and demolition of existing buildings; and
WHEREAS, the Town of Los Gatos, in adopting these codes will be consistent with the State of California and other local municipalities; and WHEREAS, Section 17958 of the Health and Safety Code requires that cities and towns choose between adopting ordinances and regulations imposing locally amended uniform codes setting rules and regulations for building, fire, mechanical, plumbing, electrical, and housing, or adopting the regulations adopted by the State Building Standards Commission; and WHEREAS, the Town of Los Gatos, in Chapter 6 and Chapter 9 of the Town Code, had previously adopted the locally amended uniform codes; and WHEREAS, the State of California Building Standards Commission adopted 12 new Parts for the CCR Title 24, which the Town will be required to enforce as written or as adopted with local amendments; and

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WHEREAS, Sections 17958.5 and 17958.7 of the Health and Safety Code permit cities and towns to modify the California Code requirements if it makes express findings that such modifications are reasonably necessary because of local climatic, geological, geographical, or topographical conditions.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS:

Section 1.

LEGISLATIVE FINDINGS
In accordance with Health and Safety Code Sections 17958 and following, the Town Council finds that local amendments are reasonably necessary because of the following local climatic, geological, or topographical conditions:

1. The Town of Los Gatos experiences low humidity, high wind, and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush, and structure fires.

2. The Town of Los Gatos is situated adjacent to active earthquake faults capable of producing substantial seismic events.

3. The Town of Los Gatos is partially located in rugged, steep, and heavily vegetated hillsides accessible over limited roadways that are steep, narrow, and circuitous.

4. The Town of Los Gatos is divided by a creek, freeways and other traffic corridors, and is partially located in hillside areas with limited access, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more bridges collapse or be substantially damaged. Additionally, fire suppression capabilities will be severely limited should the water system be extensively damaged during a seismic event.

5. Climate change exacerbates fire risk in the Town. Greenhouse gas emissions contribute to climate change. The State of California has outlined specific steps to reduce greenhouse gas emissions to prevent these negative impacts of changing climate, including moving the State to 100 percent clean energy by 2045. This gives local governments the opportunity to achieve greenhouse gas emission reductions with a climate positive impact by powering buildings from clean electricity. The proposed Reach Code would ensure that new buildings use cleaner sources of energy that are greenhouse gas free, in line with Mitigation

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Measure GHG-1 of the General Plan Environmental Impact Report. The proposed Electric Vehicle Reach Code ensures that new buildings can charge a greater number of electric vehicles beyond State code requirements and reduce greenhouse gas emissions. These climatic conditions along with the greenhouse emissions generated from structures in both the residential and non-residential sectors requires exceeding the energy standards for building construction established in the 2022 California Buildings Standards Code.

6. Due to the Town’s local climatic, geological, geographical, and topographical conditions, mitigation measures are necessary such as automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls for hazardous materials, and other safeguards in order to minimize the risks to citizens, firefighters, and property resulting from the severity of a fire threat and potential delays in responding to such threats.

Section 2.

CHAPTER 6, Buildings and Building Regulations of the Los Gatos Town Code IS DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:

Chapter 6 BUILDINGS AND BUILDING REGULATIONS
Table of Contents
ARTICLE I. (reserved)
ARTICLE II. ADMINISTRATION OF CODES
Sec. 6.20.010. Conflicting provisions.

ARTICLE III. CALIFORNIA BUILDING CODE
Sec. 6.30.010. Adopted.

Sec. 6.30.020. Fire protection systems.

Sec. 6.30.025. Smoke Control Systems.

Sec. 6.30.030. Roof drainage.

Sec. 6.30.040. Roof covering requirements in a wildland-urban interface fire area and other areas.

Sec. 6.30.060. Concrete strength.

Sec. 6.30.070. Modification to ACI 318.

Sec. 6.30.085. Swimming pools, spas, and hot tubs.

Sec. 6.30.090. IBC oversight.

Sec. 6.30.170. Fees.

Sec. 6.30.180. Refunds.

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ARTICLE IV. PLUMBING CODE
Sec. 6.40.010. Adopted.

Sec. 6.40.020. Backflow protection.

ARTICLE V. MECHANICAL CODE
Sec. 6.50.010. Adopted.

ARTICLE VI. ELECTRICAL CODE
Sec. 6.60.010. Adopted.

ARTICLE VII. ENERGY CODE
Sec. 6.70.010. Adopted.

ARTICLE VIII. REFERENCE STANDARDS CODE
Sec. 6.80.010. Adopted.

ARTICLE IX. HISTORICAL BUILDING CODE
Sec. 6.90.010. Adopted.

ARTICLE X. EXISTING BUILDING CODE
Sec. 6.100.010. Adopted.

ARTICLE XI. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 6.110.010. Adopted.

Sec. 6.110.020. Application of other codes.

ARTICLE XII. CALIFORNIA GREEN BUILDING STANDARDS CODE
Sec. 6.120.010. Adopted.

Sec. 6.120.020. Additions and alterations.

Sec. 6.120.030. EV Charging Definitions.

Sec. 6.120.040. Residential EV Charging.

Sec. 6.120.050. Non-Residential EV Charging.

Sec. 6.120.060. All Electric Construction Definitions.

Sec. 6.120.070. Residential All Electric Construction.

Sec. 6.120.080. Nonresidential All Electric Construction.

ARTICLE XIII. (reserved)

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ARTICLE XIV. BUILDING RELOCATION CODE OF THE TOWN
DIVISION 1. GENERALLY
Sec. 6.140.010. Title.

Sec. 6.140.020. Interference with demolition or removal of building.

DIVISION 2. PERMIT
Sec. 6.140.030. Required, exceptions.

Sec. 6.140.040. Application.

Sec. 6.140.050. Review of application, duty of applicant.

Sec. 6.140.060. Issuance, fees.

Sec. 6.140.070. When issuance prohibited.

Sec. 6.140.080. Conditions of issuance.

Sec. 6.140.090. Bond required.

Sec. 6.140.100. Conditions of bond.

Sec. 6.140.110. Default on bond.

Sec. 6.140.120. Bond other than surety bond—Default.

Sec. 6.140.130. Same—Release.

ARTICLE XV. CALIFORNIA RESIDENTIAL BUILDING CODE
Sec. 6.150.010. Adopted.

Sec. 6.150.020. Fire protection amendments.

Sec. 6.150.040. Limits on methods using gypsum board and cement plaster.

ARTICLE I. (reserved)
ARTICLE II. ADMINISTRATION OF CODES
Sec. 6.20.010. Conflicting Provisions.

When any provisions of the administrative sections of the codes adopted in this Chapter 6 are in conflict with the administrative provisions found in the California Administrative or Building Codes, the California Administrative and Building Codes shall apply. If any code adopted in this Chapter does not include administrative provisions, the administrative provisions of the California Administrative and Building Codes shall apply.

ARTICLE III. CALIFORNIA BUILDING CODE
Sec. 6.30.010. Adopted.

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The 2021 International Building Code (IBC) as amended by the State of California Building Standards Commission and known as the 2022 California Building Code (CBC), California Code of Regulations Title 24, Part 2, Volumes 1 and 2, with Appendices I, and J, are adopted by reference and amended as follows.

The 2022 California Administrative Code, California Code of Regulations, Title 24, Part 1, is also adopted by reference.

Sec. 6.30.020. Fire Protection Systems.

Section 903.2 of the California Building Code adopted by this article is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.

For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.

1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.

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2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.

Exception: Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers. c. The accessory dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.

4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.

Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18.

6. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved fire automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities housing non-ambulatory clients. 2 Fire Risks – Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased

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fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).

Add Section 903.2.11.7 as follows:
903.2.11.7 Chemical Fume Hood Fire Protection.

Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:

1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled

2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

Amend Section 907.8 as follows:
907.8 Inspection, testing and maintenance.

The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with California Fire Code Section 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.

Sec. 6.30.025 Smoke Control Systems
Section 909.22.1 is added as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.

Sec. 6.30.030. Roof Drainage.

Section 1502 is amended to add Section 1502.5 as follows:

Section 1502.5 Over Public Property.

Roof drainage water from a building shall not be permitted to flow over public property.

Exception(s): 1) Group R3, and Group U Occupancies
2) Other occupancies where the drainage plan and method of drainage have been approved by the “Building Official."

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Sec. 6.30.040. Roof Covering Requirements in a Wildland-Urban Interface Fire Area and other areas.

Section 1505.1.2 is amended as follows:
1505.1.2 Roof coverings within all other areas.

The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be fire-retardant roof covering that is at least Class A. 707A.10 is amended as follows:
707A.10 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed under-floor shall be protected by one or more of the following:

1. Noncombustible material.

2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section 704A.2.

3. Fire-retardant-treated wood. The fire-retardant-treated wood shall be labeled for exterior use and shall meet the requirements of Section 2303.2.

4. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.

5. One layer of 5/8-inch (15.9 mm) Type X gypsum sheathing applied behind the exterior covering on the underside of the appendage projection.

6. The exterior portion of a 1-hour fire-resistance-rated exterior assembly, as tested in accordance with ASTM E119 or UL 263, applied to the underside of the appendage, including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual.

7. The underside of an appendage assembly that meets the performance criteria in Section 707A.11 when tested in accordance with the test procedures set forth in ASTM E2957.

8. The underside of an appendage assembly that meets the performance criteria in accordance with the test procedures set forth in SFM Standard 12-7A-3.

Exception to Section 707A.10: Structural columns and beams do not require protection when constructed with sawn lumber or glue laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks shall be splined, tongue-and-groove, or set close together and well spiked.

Sec. 6.30.060. Concrete Strength.

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Section 1705.3, Exception 1 is amended as follows:

Exception: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

Sec. 6.30.070 Limits on methods using Gypsum Board and Cement Plaster Table 2308.6.1 Wall Bracing Requirements is amended as follows:

The title of Table 2308.6.1 is amended to read:

TABLE 2308.6.1a, f, g
Footnotes “f” and “g” are added to Table 2308.6.1, to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

Sec. 6.30.085. Swimming Pools, Spas, and Hot Tubs:

Section 3109 Swimming Pools Spas and Hot Tubs is adopted in its entirety.

Sec. 6.30.090. IBC Oversight. The California adoption of the new 2021 International Building Code may have inadvertently eliminated some construction requirements by oversight or erroneous reference to another code. In cases where the code adoption has inadvertently deleted or missed referenced necessary construction requirements, the Town of Los Gatos Building Official may authorize use of construction requirements from the last previously adopted International Codes.

Sec. 6.30.170 Schedule of Permit Fees:

Section 109.2 is amended as follows:

Section 109.2 Schedule of permit fees. Administration Chapter 1, Division II, Section 109.2 of the 2022 California Building Code adopted by this article states that “… a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority (Town of Los Gatos).
109.7. Plan Review Fees.

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Section 109.7 is added as follows:

When submittal documents are required by Section 109, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee. The plan review fees specified in this section are separate fees from the permit fees and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the per hour plan review rate as adopted by the Town of Los Gatos.

Sec. 6.30.180. Refunds:

Administrative Chapter 1, Section 109.6 of the 2022 California Building Code adopted by this Article is amended to add Section 109.6.1.

Section 109.6.1 is added as follows:
109.6.1. Refunds. The building official may authorize refunds of Building Division fees which were erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work or inspections has been done under an issued permit.

The building official may authorize refunding of not more than 80 percent of the collected plan review fee when the plan check application is withdrawn or cancelled prior to any plan review work being done.

The building official shall not authorize refunding of any collected fee until a written request for a refund by the original permittee or applicant is received. Requests must be received no later than 180 days after the date of fee payment.

ARTICLE IV. PLUMBING CODE
Sec. 6.40.010. Adopted.

The Uniform Plumbing Code, 2021 Edition, as amended by the State of California Building Standards Commission, California Code of Regulations, Title 24, Part 5, as the 2022 California Plumbing Code is adopted with Appendix Chapters A, B, D, G, I, K, and L only.

Sec. 6.40.020. Backflow protection.

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Section 710.1 is amended as follows:
710.1. Backflow Protection. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative Authority. Cleanouts for drains that pass through a backwater valve shall be clearly identified with a permanent label stating, “backwater valve downstream.” ARTICLE V. MECHANICAL CODE
Sec. 6.50.010. Adopted.

The Uniform Mechanical Code (UMC), 2021 Edition, amended by the State of California Building Standards Commission, California Code of Regulations, Title 24, Part 4, as the 2022 California Mechanical Code is adopted by reference.

ARTICLE VI. ELECTRICAL CODE
Sec. 6.60.010. Adopted.

The National Electrical Code, 2020 Edition, as amended by the State of California Building Standards Commission, California Code of Regulations, Title 24, Part 3, as the 2022 California Electrical Code is adopted by reference.

ARTICLE VII. ENERGY CODE
Sec. 6.70.010. Adopted.

The 2022 California Energy Code, California Code of Regulations, Title 24, Part 6 is adopted by reference.

ARTICLE VIII. REFERENCE STANDARDS CODE
Sec. 6.80.010. Adopted.

The 2022 California Referenced Standards Code, California Code of Regulations, Title 24, Part 12, is adopted by reference.

ARTICLE IX. HISTORICAL BUILDING CODE
Sec. 6.90.010. Adopted.

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The 2022 California Historical Building Code, California Code of Regulations, Title 24, Part 8 including Appendix A is adopted by reference.

ARTICLE X. EXISTING BUILDING CODE
Sec. 6.100.010. Adopted.

The 2021 International Existing Building Code (IEBC) as amended by the State of California Building Standards Commission and known as the 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, including Chapter 14, Appendices A2, A3, A4, and A5, is adopted by reference.

ARTICLE XI. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 6.110.010. Adopted.

The 2022 International Property Maintenance Code, as published by International Code Council (ICC), is adopted by reference and amended as follows.

Sec. 6.110.020. Application of other codes.

Section 102.3 is amended as follows:

Sec. 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Plumbing Code, California Electrical Code, and California Mechanical Code. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Town of Los Gatos Zoning Code.

ARTICLE XII. CALIFORNIA GREEN BUILDING STANDARDS CODE
Sec. 6.120.010. Adopted.

The 2022 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, Chapters 1 through 8 only, are adopted by reference and amended as follows.

Sec. 6.120.020 Additions and alterations.
301.1.1 is amended as follows:
301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration.

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The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings.

The mandatory provisions of Section 5.106.5.3 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing nonresidential buildings.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.

Sec. 6.120.030 EV Charging Definitions
Section 202 Definitions are amended as follows:

AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

ELECTRIC VEHICLE CHARGING STATION (EVCS). One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces. A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

ELECTRIC VEHICLE (EV) READY SPACE. A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

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ELECTRIC VEHICLE (EV) CAPABLE SPACE. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official.

Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit. iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.

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iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

OFF-STREET LOADING SPACES. [BSC-CG, DSA-SS] An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading.

Sec. 6.120.040 Residential EV Charging
DIVISION 4.1, PLANNING AND DESIGN is amended as follows:

SECTION 4.106 SITE DEVELOPMENT

4.106.4 Electric vehicle (EV) charging. Residential construction shall comply with Section

4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers.

Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the

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following conditions:

1.1. Where there is no local utility power supply, or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing.

EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date. shall provide, based on the total number of parking spaces, at least five percent (5%) with EVCS Level 2 EV Ready, twenty-five percent (25%) with Low Power Level 2 EV Ready, and ten percent (10%) with Level 2 EV Capable according to 2022 California Green Building Standards Code requirements.

4.106.4.1 One- and two-family dwellings and town-houses with private garages.

4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

4.106.4.1.2. Existing Building. Parking additions or electrical panel upgrades must have reserved breaker spaces and electrical capacity according to the requirements of 4.106.4.1.1.

4.106.4.2 Multifamily dwellings with residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.

4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

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Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.

4.106.4.2.2 Existing Buildings.

1. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS.

Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).

4.106.4.3 Electric vehicle charging stations (EVCS).

Electric vehicle charging stations required by Section 4.106.4.2 shall comply with Section

4.106.4.3.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.1 Location.

EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.1 and Section 4.106.4.3.2 Item 3.

4.106.4.3.2 Dimensions.

The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in

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48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.

4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

Sec. 6.120.050 Non-Residential EV Charging
DIVISION 5.1, PLANNING AND DESIGN is amended as follows:

SECTION 5.106 SITE DEVELOPMENT

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.

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5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.

Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.1.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.

5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.3.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

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5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

5.106.5.4 Electric vehicle charging readiness: medium-duty and heavy-duty. [N] Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

5.106.5.4.1 Warehouses, grocery stores and retail stores with planned off-street loading spaces. [N] In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty EV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

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4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty EVs as shown in Table 5.106.5.4.1.

TABLE 5.106.5.4.1, Raceway Conduit and Panel power Requirements for Medium-and-HeavyDuty EVSE [N] Building
type
Building Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity Required
(kVa) for Raceway & Busway and
Transformer & Panel
Grocery 10,000 to 90,000 1 or 2 200
Grocery Greater than
90,000
3 or Greater 400
Grocery Greater than
90,000
1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
Retail 10,000 to 135,000 3 or Greater 400
Retail Greater than
135,000
1 or Greater 400
Warehouse
Warehouse
Warehouse
20,000 to 256,000
20,000 to 256,000
1 or 2 200
3 or Greater 400
Greater than
256,000
1 or Greater 400
Sec. 6.120.060 All Electric Construction Definitions
Section 202 Definitions are amended as follows:

ADDITION. An extension or increase in floor area of an existing building or structure.

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. Equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or

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odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations, or repairs.

Sec. 6.120.070 Residential All Electric Construction
SECTION 4.106 SITE DEVELOPMENT
Section 4.106.5, 4.106.5.1, and 4.106.5.2 are added as follows:

4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Substantial renovations/alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings, and shall meet the new construction requirements of California Code of Regulations, Title 24, as modified by the Town of Los Gatos, including Reach Codes. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric building and all new construction requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.

Exceptions:

1. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building system under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local

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enforcing agency may grant a modification. The applicant shall comply with Section

4.106.5.2.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The local enforcing authority shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

4.106.5.2 Requirements for combustion equipment.

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

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Sec. 6.120.080 Nonresidential All Electric Construction SECTION 5.106 SITE DEVELOPMENT
Section 5.106.13, 5.106.13.1, and 5.106.13.2 are added as follows:

5.106.13 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

5.106.13.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Substantial renovations/alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings, and shall meet the new construction requirements of California Code of Regulations, Title 24, as modified by the Town of Los Gatos, including Reach Codes. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the allelectric building and all new construction requirements.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat-processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and b. The need cannot be achieved equivalently with an electric heating appliance; and
c. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available.
d. The applicant shall comply with Section 5.106.13.2.

2. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building system under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local

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enforcing agency may grant a modification. The applicant shall comply with Section

5.106.13.2.

3. Non-residential buildings that will be constructed to Office of Statewide Health Planning and Development (OSHPD) Hospital standards (“OHSPD 1” as described in California Building Code Vol. 1, section 1224) may contain non-electric space-conditioning, waterheating, and process load systems.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, shall not have a meter installed, and/or shall not otherwise be used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The local enforcing agency shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

5.106.13.2. Requirements for combustion equipment.

Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s),

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shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

ARTICLE XIII.

Sec. 6.130.010. Reserved. ARTICLE XIV. BUILDING RELOCATION CODE OF THE TOWN DIVISION 1. GENERALLY
Sec. 6.140.010. Title.

This article is the Building Relocation Code of the Town of Los Gatos.

Sec. 6.140.020. Interference with demolition or removal of building.

It shall be unlawful for any person to interfere with or obstruct the Building Official, any person engaged by the Town, or any representative of any surety, engaged in inspection or in the work of completing, demolishing, or removing any building or structure for which a building relocation permit has been issued under Division 2 of this article, after a default has occurred in timely completion of the work or in the performance of the other terms or conditions of the permit.

DIVISION 2. PERMIT
Sec. 6.140.030. Required, exceptions.

It shall be unlawful for any person to move any building or structure on any parcel of land in the Town (except a contractor's tool house, construction building or similar structure which is moved as construction work requires) without first obtaining a permit and posting a bond as provided in this article.

Sec. 6.140.040. Application.

An application for a permit required by the provisions of this division shall be made in writing on the form provided by the Town. The application shall:
(1) Be signed by the permittee or the permittee's authorized agent (who may be required to submit evidence proving authority);
(2) Be accompanied by plans, photographs or other substantiating data as reasonably may be required by the Building Official; and

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(3) Contain such information as reasonably may be required by the Building Official in order to carry out the purposes of this chapter.

Sec. 6.140.050. Review of application, duty of applicant.

The application for a permit required by the provisions of this division, including the plans and other data filed with it, shall be checked by the Building Official, who is authorized to conduct any investigation in connection therewith may be deemed reasonably necessary. If, when the Building Official has completed such investigation and has notified the applicant that a permit will issue, the applicant fails for a period of sixty (60) days to post the bond and any other instrument required by this division, the application shall become void.

Sec. 6.140.060. Issuance, fees.
(a) Subject to the requirements contained in this article, if in the judgment of the Building Official the conditions of the building or structure can be effectively and practically repaired or restored to comply with this Code, the Building Official shall issue a permit to the owner of the property where the building or structure is to be located. (b) A permit fee shall be paid at the time of issuance of the permit. The amount of the fee shall be fixed by resolution of the Town Council.

Sec. 6.140.070. When issuance prohibited.

The Building Official shall not issue a permit under this division for any building or structure:
(1) Which does not or cannot be repaired or modified to comply with this code, as it presently exists or hereafter may be amended;
(2) Which is so constructed or in such condition as to be a substandard building; (3) Which is infested with pests or is unsanitary;
(4) Which is so dilapidated, defective, unsightly, or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the existing improvements on nearby property; (5) If the proposed use is prohibited by the zoning ordinance; (6) If the structure is of a type prohibited at the site of the proposed relocation by this code, or any other statute or ordinance; or
(7) If the structure or site has not received approval as prescribed in sections 29.20.140 through 29.20.155 of the Town Code. The body granting such approval shall first consider and determine that the proposed site and building are compatible in use, size and architecture with other buildings and structures in the area of the proposed relocation.

Sec. 6.140.080. Conditions of issuance.

In connection with the issuance of any permit under this division, the Building Official or the body granting architecture and site approval or both may attach to the permit such conditions

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which are necessary to assure compliance with the purposes of this article and the zoning ordinance, and to assure that the building or structure when relocated will be compatible with and not detrimental or injurious to the buildings or structures in the area of the proposed relocation. Such conditions may include, but are not limited to:
(1) A limitation of the period of time required to complete the work of relocation; (2) Requirements for changes, alterations, additions or repairs; (3) The providing of all utility services by the time the building relocation is finished; (4) Provision for any improvement work or dedication provided for by the zoning ordinance; (5) The applicant's written agreement to indemnify the Town for any and all damages or injury to Town property incurred in the course of the moving, including but not limited to damage or injury to streets, thoroughfares, pavements, curbs, gutters, sidewalks, sewers, public lighting equipment and plants.

Sec. 6.140.090. Bond required.
(a) As a condition precedent to the issuance of any building relocation permit, the applicant shall post a surety bond, the form of which is subject to approval by the Town Attorney, issued by a surety company conducting business in the State. The penal sum of the bond shall be an amount equal to the estimated cost, plus ten (10) percent, of all the work required to perform the relocation to comply with all of the conditions of the permit. The cost estimate is made by the Building Official.
(b) The applicant, in lieu of posting a surety bond, may deposit with the town an amount equal to the required bond amount, in cash.

Sec. 6.140.100. Conditions of bond.

A surety bond shall contain, and any deposit shall be subject to, the following conditions:
(1) All work, including performance of conditions of the permit (except for performance of conditions such as street improvements when provision is made in a contract with the Town to do the work at a later time) shall be performed and completed within one hundred twenty (120) days after the date of issuance of the permit. After that time, the permit expires. (2) The time limit and expiration date of the permit may be extended for good cause after written request of both the principal and the surety. The request may be made either during or after the one-hundred-twenty-day period. If the Building Official decides to grant the request the Building Official shall notify the principal and surety in writing stating the new deadline.

The Building Official need not grant the request if the work is not being done continuously and diligently, or if reasonable progress has not been made. (3) The term of each bond shall begin on the date the bond instrument is delivered to the town and shall end upon the acceptance by the Building Official of performance of all the terms and conditions of the permit as satisfactory and complete. (4) The Building Official, the surety and their representatives shall have access to the premises to inspect the progress of the work.

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(5) Upon default by the principal, the surety shall be required to complete the work and to perform all conditions of the permit. The principal shall give the surety right-of-entry onto the site for those purposes.
(6) In the event of any default in the performance of any term or condition of the permit, or failure to complete the work before the permit expires, the surety or any person employed or engaged on its behalf, or the building official, or any person employed or engaged on behalf of the Town may go on the premises to complete the required work or to remove or demolish the building or structure, and clear, clean and restore the site.

Sec. 6.140.110. Default on bond.
(a) If the permittee as principal on the bond defaults in the performance of the conditions required by the permit, or fails to complete the work before the permit expires, the Building Official shall give notice in writing to the principal and the surety, stating the conditions which have not been complied with and the period of time deemed by the Building Official to be reasonably necessary for the completion of the work.
(b) After receipt of the notice, the surety, within the time therein specified, shall finish the work. When the principal has defaulted in any way, the surety, at its option, in lieu of completing the work required, may remove or demolish the building or structure and clear, clean and restore the site.

Sec. 6.140.120. Bond other than surety bond--Default.

If a deposit has been made as provided in Section 6.140.090, the Building Official shall give notice of default, as provided in section 6.140.110, to the permittee. If the permittee does not perform within the time specified in the notice, the Building Official shall proceed without delay and without further notice or proceeding whatever to use the deposit, or any portion of the deposit necessary to cause the required work to be done by contract or otherwise at the Building Official's discretion, upon the completion of the work. The balance, if any, of the deposit, shall be returned to the depositor or to the depositor's successors or assigns after deducting the cost of the work plus ten (10) percent of the cost, which is an amount to defray the Town's cost in enforcement and administration.

Sec. 6.140.130. Same--Release. When a deposit has been made as provided in Section

6.140.090 and all requirements of the permit have been completed, the Building Official shall return the deposit to the depositor or to the depositor's successors or assigns, except any portion thereof that may have been used or deducted as provided in this section.

ARTICLE XV. CALIFORNIA RESIDENTIAL BUILDING CODE
Sec. 6.150.010. Adopted.

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The 2021 International Residential Code (IRC) as amended by the State of California Building Standards Commission and known as the 2022 California Residential Code, California Code of Regulations, Title 24, Part 2.5 including Appendices AH, AK, AO, AQ, AX, and AZ is adopted by reference and amended as follows.

Sec. 6.150.020. Fire Protection Amendments.

R313.2 One- and two-family dwellings automatic fire sprinkler systems is amended as follows:

R313.2 One- and two-family dwellings automatic sprinkler systems.

An automatic sprinkler system shall be installed in all new one- and two-family dwellings and existing one- and two-family dwellings when additions are made that increase the fire area to more than 3,600 square feet.

Exceptions:

1. Accessory Dwelling Unit, provided that all of the following are met:

1.1. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

1.2. The existing primary residence does not have automatic fire sprinklers.

1.3. The accessory dwelling unit does not exceed 1,200 square feet in size.

1.4. The unit is on the same lot as the primary residence.

1.5. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

2. When additions are made to existing structures, causing the fire area to exceed 3,600 square feet, and all of the following are met:

2.1. Building addition does not exceed 500 square feet.

2.2. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

Section R328.7 is amended as follows:

R328.7 Fire detection. Rooms and areas within dwelling units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314.

A heat detector, listed and interconnected to the smoke alarms, shall be installed in locations within dwelling units and attached garages where smoke alarms cannot be installed based on their listing.

ESS installed in Group R-3 and townhomes shall comply with the following:

1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314.

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2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units, and attached garages where smoke alarms cannot be installed based on their listing.

Exceptions:

1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

R337.7.10 is amended as follows:

R337.7.10 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed under-floor shall consist of one of the following:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on the underside of the floor projection

4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the floor including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual

5. The underside of a floor assembly that meets the performance criteria in accordance with test procedures set forth in either of the following:

5.1 SFM Standard 12-7A3; or

5.2 ASTM E2957
Exception: Structural column and beams do not require protection when constructed with sawn lumber or glue laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn of glue-laminated planks splined, tongue-andgroove, or set close together and well spiked.

R902.1.2 is amended as follows:

R902.1.2 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be fire-retardant roof covering that is at least Class A.

R902.1.3 is amended as follows:

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R902.1.3 Roofing requirements in a wildland urban interface fire area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section R337.5.

Sec. 6.150.040. Limits on methods using Gypsum Board and Cement Plaster.

Table R602.10.3(3) Bracing Requirements Based On Seismic Design Category is amended as follows:

The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i, j
Footnotes “i” and “j” are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.

Section 3.

CHAPTER 9, Fire Prevention and Protection of the Los Gatos Town Code IS DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:

Chapter 9 FIRE PREVENTION AND PROTECTION
Table of Contents
ARTICLE I. IN GENERAL
Sec. 9.10.010. Inclusion in Central Fire District; Definitions.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT
Sec. 9.20.010. Delegation of duties.

Sec. 9.20.015. Plan review.

Sec. 9.20.020. Citations.

Sec. 9.20.025. Abatement of hazards by Fire Chief.

Sec. 9.20.030. Fees for checking, inspection services and permits.

Sec. 9.20.035. Building Official to forward plans.

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ARTICLE III. CALIFORNIA FIRE CODE
Sec. 9.30.005. California Fire Code
CHAPTER 1, DIVISION II ADMINISTRATION
Sec. 9.30.745 Construction permit fees.

Sec. 9.30.750. Operational permit fees.

Sec. 9.30.780. Final inspection.

Sec. 9.30.785. Violations.

CHAPTER 2
Definitions.

CHAPTER 5
Fire Service Features.

CHAPTER 6
Building Services and Systems.

CHAPTER 7
Fire and Smoke Protection Features.

CHAPTER 9
Fire Protection and Life Safety Systems.

CHAPTER 12
Energy Systems.

CHAPTER 33
Fire Safety During Construction and Demolition.

CHAPTER 49
Requirements for Wildland-Urban Interface Fire Areas.

CHAPTER 50
Hazardous Materials-General Provisions.

CHAPTER 54
Corrosive Materials.

CHAPTER 56
Explosives and Fireworks.

CHAPTER 57
Flammable and Combustible Liquids.

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CHAPTER 58
Flammable Gases and Flammable Cryogenic Fluids.

CHAPTER 60
Highly Toxic, and Toxic Materials.

CHAPTER 64
Pyrophoric Materials.

CHAPTER 80
Reference Standards.

APPENDIX B FIRE FLOW REQUIREMENTS FOR BUILDINGS

APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION

APPENDIX D FIRE APPARATUS ACCESS ROADS
ARTICLE I. IN GENERAL
Sec. 9.10.010. Inclusion in Central Fire District; Definitions. (a) The Town is included in the Santa Clara County Central Fire Protection District. The Town's inclusion is provided for in Ordinance No. 997 of the Town. (b) As used in this Code, the following definitions shall apply:
(i) "Fire Department" means the Santa Clara County Central Fire Protection District.
(ii) "Fire Chief" means the Chief of the Fire Department.

ARTICLE II. ADMISTRATION AND ENFORCEMENT
Sec. 9.20.010. Delegation of duties.

Whenever a provision appears that requires or allows the Fire Chief to do some act or make certain inspections, it is to be construed to authorize the Fire Chief to designate, delegate, and authorize subordinates to perform the act or make the inspection unless the terms of the provision or section provide otherwise.

Sec. 9.20.015. Plan review.

The Fire Department will review all plans submitted to the Town for the construction of all buildings except the interior of dwellings for the purpose of ascertaining and causing to be

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corrected any condition liable to cause fire, to endanger life from fire, or to create or perpetuate any violation of the provisions or intent of this Code or State law affecting fire safety.

Sec. 9.20.020. Citations.

Fire Department officers authorized by the Fire Chief and State law may issue citations for violations of this chapter pursuant to the Code.

Sec. 9.20.025. Abatement of hazards by Fire Chief.
(a) If any person fails to comply with the orders of the Fire Chief, or in the event the Fire Chief is unable to locate the responsible person within a reasonable time, the Fire Chief may take such steps to abate the fire hazard as are necessary for the protection of the public health and safety. In no event is notice necessary before abatement when the fire hazard constitutes a clear and present danger to the public welfare. (b) The cost of any such abatement is a debt to the Town of the owner of the premises or of any person who, by act or inaction, caused or permitted the fire hazard to exist.

The cost of the abatement shall become a lien on the premises when the need for the abatement and the amount of the cost have been established in the manner provided in Article 8 of Chapter 6 of this Code.

Sec. 9.20.030. Fees for checking, inspection services and permits.

The Town Council may, by resolution, establish a schedule of fees to be charged and collected for checking and inspection services performed and for the issuance and enforcement of permits and requirements under this chapter.

Sec. 9.20.035. Building Official to forward plans.

The Building Official will provide the Fire Chief with one (1) copy of any plans and specifications required to be reviewed by the Fire Department.

ARTICLE III. CALIFORNIA FIRE CODE
Sec. 9.30.005. California Fire Code
The 2021 International Fire Code (IFC) as amended by the State of California Building Standards Commission and known as the 2022 California Fire Code (CFC), California Code of Regulations Title 24, Part 9, with Appendices B, C, and D, is adopted by reference and amended as follows.

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CHAPTER 1, DIVISION II Administration
Amend Chapter 1, Division II of the 2022 California Fire Code as follows:

Sec. 9.30.745 Construction permit fees.
107.2.1 is added as follows:
107.2.1 Construction permit fees. Construction permit fees and plan review fees for fire hydrantsystems,fire extinguishing systems, and fire alarmsystemsshall bepaidto theSanta Clara County FireDepartment in accordance with the followingtable based on valuation. The valuation shall be limited to the value of the system installation for which the permit is being issued. Plan review fees are 65 percent of the Permit Fee amount. For the purposes of determining the total fee amount for each permit, the plan review fee shall be added to the Permit Fee.

TOTAL VALUATIONS PERMIT FEE
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $4.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 TO $100,000.00 $630.15 for the first $50,000.00 plus $13.60for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $986.75 for the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00
$500,001 to $1,000,000.00 $3,228.15 for the first $500,000.00 plus $5.35 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001 and up $5,604.00 for the first $1,000,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at $120.00 for each occurrence at the discretion of the fire code official.

Cancelled inspections without advance notice are to be paid at $120.00 for each occurrence.

Sec. 9.30.750. Operational permit fees.
107.2.2 is added as follows:

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107.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County Fire Department as follows:

FACILITY TYPE PERMIT FEE

1. Institutional
A. More than 6 persons $75.00 - Annually
B. Over 50 persons $100.00 - Annually

2. Day Care Facilities
More than 6 clients $35.00 - Annually

3. Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually

4. Temporary Membrane Structures, Tents, and Canopies
(Only those requiring permits in accordance with Section 105.6.47).
$85.00 – Each
occurrence
Sec. 9.30.780. Final inspection.
108.5 is added as follows:
108.5 Final inspection. No final inspection asto all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities and access ways have been completed and approved. No final certificate of occupancy may be granted untilthe Fire Department issues notice of final clearance of such fire protection facilities and accesswaystotheBuildingDepartment.

Sec. 9.30.785. Violations.
110.4 is deleted.

CHAPTER 2 DEFINITIONS
202 GENERAL DEFINITIONS
202 is amended to amend and add the following definitions:

CORROSIVE LIQUID. Corrosive liquid is:

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1) any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or
2) any liquid having a pH of 2 or less or 12.5 or more; or 3) any liquid classified as corrosive by the U.S. Department of Transportation; or 4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.

HEALTH HAZARD – OTHER. A hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses).

LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistancerated barrier.

MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.

WORKSTATION. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment.

CHAPTER 5 FIRE SERVICE FEATURES
Amend Chapter 5 of the 2022 California Fire Code as follows:

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SECTION 503 FIRE APPARATUS ACCESS ROADS
Section 503.1 is amended as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and in accordance with the fire department’s access standards.

Section 503.1.1 is amended as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements for this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. In other than R-3 or U occupancies, when the building is equipped throughout with an approved automatic sprinkler system, installed in accordance with Section 903.3.1.1 the dimension may be increased to a maximum of 300 feet when approved by the fire code official.

2. When there are not more than two Group R-3 or accessory Group U occupancies, the dimension may be increased to a maximum of 200 feet.

3. When apparatus roads cannot be installed because of topography, waterways, nonnegotiable grades or other similar conditions, an approved alternative means of fire protection shall be provided.

Section 503.2.1 is amended as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of shoulders, except for approved gates or barricades in accordance with Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.

Exception: When there are not more than two residential parcels, having only Group R, Division 3, or Group U occupancy structures, the access road width may be modified by the fire code official.

Section 503.2.4 is amended as follows:

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503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.

Section 503.2.7 is amended as follows:
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

Section 503.5 is amended as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

Section 503.6 is amended as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for singlefamily dwellings.

SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS
Section 504.5 is added to read:
504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to within and throughout the building, are installed, such devices shall be approved by the fire code official. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire code official. Access control devices must also comply with Chapter 10.

SECTION 505 PREMISES IDENTIFICATION
Section 505.1 is amended as follows:

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505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke. • The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (18) inches high with a one and a half (2) inch stroke.
• The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (24) inches high with a one and a half (2½) inch stroke.

SECTION 510 EMERGENCY RESPONDER COMMUNICATION COVERAGE
Section 510.1 is amended as follows:
510.1 Emergency responder communication coverage in new buildings. Approved radio coverage for emergency responders shall be provided within all buildings meeting any one of the following conditions:

1. There are more than 3 stories above grade plane (as defined by the Building Code Section 202);

2. The total building area is 30,000 square feet or more;

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3. The total basement area is 5,000 square feet or more;

4. Where required by the fire code official and radio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1 Exceptions:

1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.

2. Where it is determined by the fire code official that the radio coverage system is not needed.

3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.

4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system.

The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems.

The coverage shall be based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

Section 510.1.1 is added as follows:
510.1.1 Obstruction by new buildings. No obstruction of the public safety system backhaul shall be allowed without an approved mitigating plan.

Section 510.3 is amended as follows:
510.3 Permit required. A construction permit, for the installation of, or modification of, emergency responder radio coverage systems and related equipment is required as specified in Section 105.6.4. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. A frequency change made to an existing system is considered to be new construction and will require a construction permit.

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Section 510.4 is amended as follows:
510.4 Technical requirements. Equipment required to provide in-building, two-way emergency responder communication coverage shall be listed in accordance with UL 2524. Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with Sections 510.4.1 through 510.4.2.8 and the current Emergency Responders Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.

Section 510.4.1.1 is amended as follows:
510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology.

Section 510.4.1.2 is amended as follows:
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent SINR applicable to the technology.

Section 510.5 is amended as follows:
510.5 Installation requirement. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.

Section 510.5.2 is amended as follows:
510.5.2 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the fire code official and the agency FCC license holder or systems administrator.

Section 510.5.4 is amended as follows:

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510.5.4 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent.

Final system acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee.

CHAPTER 6 BUILDING SERVICES AND SYSTEMS
Amend Chapter 6 of the 2022 California Fire Code as follows:

SECTION 603 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
Section 603.11 is added to read:
603.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.

SECTION 605 FUEL-FIRED APPLIANCES
Section 605.5 is amended as follows:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.

Exceptions:

1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are permitted to be used in one and two-family dwellings, where operated and maintained in accordance with the manufacturer’s instructions.

2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.

Section 605.5.2.1.1 is amended as follows:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy where connected to the fuel gas container.

2. Inside of tents, canopies and membrane structures.

3. On exterior balconies, and rooftops.

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CHAPTER 7 FIRE AND SMOKE PROTECTION FEATURES
Amend Chapter 7 of the 2022 California Fire Code as follows:

SECTION 703 PENETRATIONS
Section 703.3 is added to read:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than 100, and other occupancies as determined necessary special inspections for throughpenetrations, membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.

CHAPTER 9 FIRE PROTECTON AND LIFE SAFETY SYSTEMS
Amend Chapter 9 of the 2022 California Fire Code as follows:

SECTION 901 GENERAL
Section 901.6.2 is amended to read:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2. 901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official. 901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as

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necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.

Section 901.6.3 is amended to read:
901.6.3 Records Information. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance documentation requirements.

SECTION 903 AUTOMATIC SPRINKLER SYSTEMS
Section 903.2 is amended to read:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.

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2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.

4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.

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2 Fire Risks – Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).

Section 903.2.11.7 is added to read:
903.2.11.7 Chemical Fume Hood Fire Protection.

Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:

1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled.

2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

SECTION 907 FIRE ALARM AND DETECTION SYSTEMS
Section 907.8 is amended to read:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.

SECTION 909 SMOKE CONTROL SYSTEMS
Section 909.22.1 is amended to read:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.

CHAPTER 12 ENERGY SYSTEMS
Amend Chapter 12 of the 2022 California Fire Code as follows:

SECTION 1202 DEFINITIONS
Section 1202.1.1 is amended to read:

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1202.1 Definitions. The following terms are defined in Chapter 2:

BATTERY SYSTEM, STATIONARY STORAGE.

BATTERY TYPES.

CAPACITOR ENERGY STORAGE SYSTEM.

CRITICAL CIRCUIT.

EMERGENCY POWER SYSTEM.

ENERGY STORAGE MANAGEMENT SYSTEMS.

ENERGY STORAGE SYSTEM (ESS).

ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.

ENERGY STORAGE SYSTEM, MOBILE.

ENERGY STORAGE SYSTEM, WALK-IN UNIT.

ENERGY STORAGE SYSTEM CABINET.

ENERGY STORAGE SYSTEM COMMISSIONING.

ENERGY STORAGE SYSTEM DECOMMISSIONING.

FUEL CELL POWER SYSTEM, STATIONARY.

LARGE-SCALE FIRE TESTING
PORTABLE GENERATOR.

STANDBY POWER SYSTEM.

SECTION 1207 ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)

ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
Section 1207.1.5 is amended to read:
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.8.2.

Section 1207.2.2.1 is amended to read:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer’s instructions and the operation and maintenance manual. Inspection and testing records shall be maintained in the operation and maintenance manual and made available to the fire code official upon request.

Section 1207.5.2 is amended to read:

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1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-resistance rating of fire-barriers shall comply with Table 1207.5.1.

Exceptions:

Where approved by the fire code official, rooms, areas and walk-in units containing electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.4 and large-scale fire testing complying with Section 1207.1.5.

1. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76.

2. Dedicated-use buildings in compliance with Section 1207.7.1.

TABLE 1207.5.1

DESIGN AND NUMBER OF ESS FIRE AREAS

STORY PERCENTAGE OF

MAXIMUM

ALLOWABLE

QUANTITY PER

FIRE AREA

NUMBER OF

FIRE AREAS

PER STORY

FIRE-RESISTANCE

RATING FOR FIRE

BARRIERS IN
HOURS
Above grade plan Higher than 9
7-9
6 5
4 3
2 1
25 50
50 50
75 100
100
100
1 2
2 2
4 6
6 6
3 2
2 2
2 2
2 2
Below grade plan 1
2 Lower than 2
100
50 Not Allowed
4 2
Not Allowed
3 3
Not Allowed
Section 1207.5.5 is amended to read:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in accordance with one of the following:

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1. An automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a minimum density of 0.3 gpm/ft2 (1.14 L/min) based on the fire area or 2,500 square-foot (232 m2) design area, whichever is larger.

2. Where approved, an automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a sprinkler hazard classification based on large-scale fire testing complying with Section 1207.1.5.

3. The following alternative automatic fire-extinguishing systems designed and installed in accordance with Section 904, provided that the installation is approved by the fire code official based on large-scale fire testing complying with Section 1207.1.5:

3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.

3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.

3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.

3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.

3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.

Exception: Fire suppression systems for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.

Section 1207.11.3 is amended to read:
1207.11.3 Location. ESS shall be installed only in the following locations:

1. Detached garages and detached accessory structures.

2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.

3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and not below or above any emergency escape and rescue openings.

4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished woodframed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard.

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5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.

Section 1207.11.6 is amended to read:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following:

1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.

2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing.

Exceptions:

1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION Amend Chapter 33 of the 2022 California Fire Code as follows:

SECTION 3305 PRECAUTIONS AGAINST FIRE
Section 3305.5 is amended as follows:
3305.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.

Section 3305.10 is added to read:
3305.10 Fire Walls. When firewalls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather-protected at the location of the wall(s).

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SECTION 3311 ACCESS FOR FIRE FIGHTING
Section 3311.1 is added to read:
3311.1 Required access. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.

Section 3311.1.1 is added to read:
3311.1.1 Fire Department Access Roadways: All construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather driving service of not less than 20ft. of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus, and have a minimum 13ft. 6 in. of vertical clearance. Dead end fire access roads in excess of 150 ft. in length shall be provided with approved turnarounds.

When approved by the Fire Code Official, temporary access roadways may be utilized until such time that the permanent roadways are installed. As a minimum, the roadway shall consist of a compacted sub base and six (6) inches of road base material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may be required if so determined by the project civil engineer. Provisions for surface drainage shall also be provided where necessary. The integrity of the roadway shall be maintained at all times.

SECTION 3312 MEANS OF EGRESS
Section 3312.1 is amended as follows:
3312.1 Stairways Required. Each level above the first story in multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.

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Exception: For multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

Section 3312.4 is added to read:

Section 3312.4 Required Means of Egress. All buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the written fire safety plan as required by Section 3303.1.

SECTION 3315 AUTOMATIC FIRE SPRINKLER SYSTEM
Section 3315.1 is amended to read:
3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.

In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible. Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior audible waterflow alarm shall be installed and connected to the sprinkler waterflow device prior to installation of the monitoring system.

For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary.

Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The General contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service.

CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Amend Chapter 49 of the 2022 California Fire Code as follows:

SECTION 4901 GENERAL

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Section 4901.3 is added to read:
4901.3 Where applicable.

These requirements shall apply to all areas within the Town of Los Gatos as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this Chapter. The map properly attested, shall be on file in the Office of the Town Clerk of the Town Los Gatos.

Section 4901.4 is added to read:
4901.4 Exemptions.

These requirements shall not apply to any land or water area acquired or managed for one or more of the following purposes or uses:

1. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government.

2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.

3. Open space lands that are environmentally sensitive parklands.

4. Other lands having scenic values, as declared by the local agency, or by state or federal law.

SECTION 4902 DEFINITIONS
Section 4902 Definitions are hereby added/amended to read as follows:

Defensible Space. An area around the perimeter of a structure in which vegetation, debris, and other types of combustible fuels are treated, cleared, or reduced to slow the rate and intensity of potentially approaching wildfire or fire escaping from structure(s).

Reduced Fuel Zone. In this area of the defensible space, efforts are placed on ensuring fuels/vegetation are separated vertically and horizontally depending on the vegetation type.

Wildland-Urban Interface. A geographical area identified by the state as a " Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. The Wildland-Urban Interface Fire Area shall be defined as all areas within the Town of LosGats asset forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this chapter. The map properly attested,shall be on file in the Office of the Town Clerk of the Town of LosGatos.

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SECTION 4906 VEGETATION MANAGEMENT
Section 4906.1.1 is added to read:
4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings, to reduce the risk of fire spreading to buildings, and provide for safe access for emergency wildland fire equipment and civilian evacuation concurrently, as required by applicable laws and standards.

Section 4906.1.2 is added to read:
4906.1.2 Maintenance required.

Maintenance is required to ensure conformance with these standards and measures, and to assure continued availability, access, and utilization, of the defensible space during a wildfire.

Section 4906.1.3 is added to read:
4906.1.3 Additional measures.

No person subject to these regulations shall permit any fire hazard, as defined in this chapter, to exist on premises under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the enforcing agency.

Section 4906.1.4 is added to read:
4906.1.4 Exemption.

For the purposes of this chapter, vegetation removal or management, undertaken in whole or in part, for fire prevention or suppression purposes shall not be deemed to alter the natural condition of public property.

Section 4906.2 is amended to read:
4906.2 Application. All new planting of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone or as a Wildland Urban Interface Fire Area by the Town of Los Gatos shall comply with Section 4906.3 through 4906.5.3.

SECTION 4907 DEFENSIBLE SPACE
Section 4907.1 is amended to read:
4907.1 General. Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations.

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Defensible space will be managed around all buildings and structures in State Responsibility Areas (SRA) as required in Public Resources Code 4291.

Persons owning,leasing, controlling, operating, or maintaining buildings or structures, and/or lands in, upon, or adjoining the locally adopted Wildland-Urban Interface Fire Area,shall at all times comply with the following:

1. Maintain defensible space of 100 feet from each side and from the front and rear of any building or structure, but not beyond the property line except as provided by law. The 100 feet of defensible space should be segregated into the following zones:
a. Maintain an effective defensible space by removing and clearing away flammable vegetation and other combustible materials from areas within 30 feet of such buildings or structures.

Exception: When approved by the Fire Chief or his/her designee, single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. b. Maintain an additional reduced fuel zone of 70 feet from all buildings and structures with an emphasis on vertical and horizontal separation of fuels/vegetation. Distances beyond an additional 70 feet may be required when the Fire Chief or his/her designee, determines that due to steepness of terrain or other conditions, 70 additional feet is insufficient.

Exception: When approved by the Fire Chief or his/her designee grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.
c. New construction must create a noncombustible area a minimum of 5 feet from structures.

2. Remove portions of trees, which extend within 10 feet of the outlet of any chimney or stovepipe.

3. Maintain any tree, shrub, or other plant adjacent to or overhanging any building or structure free of dead limbs, branches or other combustible material.

4. Maintain the roof of any structure and roof guttersfree of leaves, needles, or other combustible materials.

5. Maintain defensible space as determined by the Fire Chief or his/her designee around water tank structures, water supply pumps, and pump houses.

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6. Remove flammable vegetation aminimum of 10feet around liquefied petroleum gas tanks/containers.

7. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. The storage of firewood and combustible material within the defensible space shall be located a minimum of 30 feet from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet.

Exception: Firewood and combustible materials not for consumption on the premises shall be stored as approved by the Fire Chief or his/her designee.

8. Clear areas within 10 feet of fire apparatus access roads and driveways of non- fire- resistive vegetation growth.

Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents, or similar plants used as ground cover, provided they do not form a means of readily transmitting fire.

Section 4901.1.1 is added to read:
4907.1.1 Defensible space along property lines. Pursuant to Government Code Section 51182 and Public Resources Code Section 4291(a)(2):

1. When an occupied building is less than 100 feet from a property line and combustible vegetation on an adjacent parcel presents a fire hazard for the occupied building as determined by the Fire Chief or his/her designee then the owner of the adjacent parcel where the hazard exists shall be responsible for fuel management, including removal to the satisfaction of the Fire Chief or his/her designee.

Section 4907.3 is amended to read:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads, driveways, and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Sections 4291 through 4296.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Sections 51175 - 51189.

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4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. Any local ordinance of the Town of Los Gatos.

Section 4907.4 is added to read:
4907.4 Corrective actions. When the Fire Chief or his/her designee determines defensible space to be inadequate the Town Council is authorized to instruct the Fire Chief or his/her designee to give notice to the owner of the property upon which conditions regulated by this Section exist to correct such conditions. If the owner fails to correct such conditions, the Town Council is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such conditions exist.

Section 4911 is added to read:

SECTION 4911 WATER SUPPLY
4911.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection water supplies in accordance with Chapter 5 and Appendix B, as adopted.

Exception:

Buildings containingonlyprivate garages, carports,shedsandagricultural buildings with a building area of not more than 500 square feet (56 m2). 4911.2 Standby power. Standby power shall be provided to pumps, controllers and related electrical equipment so that stationary water supply facilities within the wildlandurban interface area that are dependent on electrical power can provide the required water supply. The standby powersystem shall be in accordance with theElectrical Code. The standbypowersource shall be capable of providingpowerfor a minimum of two hours.

Exceptions:

1. When approved by the code official, a standby power supply is not required where the primary powerserviceto the stationary watersupply facility is underground.

2. A standby power supply is not required where the stationary water supply facility serves no more than one single-family dwelling.

Section 4912 is added to read:

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SECTION 4912 IGNITION SOURCE CONTROL
4912.1Fireworks. Fireworksshall not be used or possessed inthe Wildland-Urban Interface Fire Area.

Chapter 50 HAZARDOUS MATERIALS-GENERAL PROVISIONS
Amend Chapter 50 of the 2022 California Fire Code as follows:

SECTION 5001 GENERAL
Section 5001.2.2.2 is amended to read:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.

1. Highly toxic and toxic materials.

2. Corrosive materials.

3. Moderately toxic gas.

4. Health hazards - Other.

SECTION 5002 DEFINITIONS
Section 5002.1 is amended to read:
5002.1 Definitions. The following terms are defined in Chapter 2:

BOILING POINT.

CEILING LIMIT.

CHEMICAL.

CHEMICAL NAME.

CLOSED CONTAINER.

CONTAINER.

CONTROL AREA.

CYLINDER.

DAY BOX.

DEFLAGRATION.

DESIGN PRESSURE.

DETACHED BUILDING.

DISPENSING.

EXCESS FLOW CONTROL.

EXHAUSTED ENCLOSURE.

EXPLOSION.

FLAMMABLE VAPORS OR FUMES.

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GAS CABINET.

GAS ROOM.

HANDLING.

HAZARDOUS MATERIALS.

HEALTH HAZARD.

HEALTH HAZARD – OTHER.

IMMEDIATELY DANGEROUS TO LIFE AND
HEALTH (IDLH).

INCOMPATIBLE MATERIALS.

LIQUID.

LOWER EXPLOSIVE LIMIT (LEL).

LOWER FLAMMABLE LIMIT (LFL).

MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.

MODERATELY TOXIC GAS.

NORMAL TEMPERATURE AND PRESSURE (NTP).

OUTDOOR CONTROL AREA.

PERMISSIBLE EXPOSURE LIMIT (PEL).

PESTICIDE.

PHYSICAL HAZARD.

PRESSURE VESSEL.

SAFETY CAN.

SAFETY DATA SHEET (SDS).

SECONDARY CONTAINMENT.

SEGREGATED.

SOLID.

SPILL CONTROL.

STORAGE, HAZARDOUS MATERIALS.

SYSTEM.

TANK, ATMOSPHERIC.

TANK, PORTABLE.

TANK, STATIONARY.

TANK VEHICLE.

UNAUTHORIZED DISCHARGE.

USE (MATERIAL).

VAPOR PRESSURE.

SECTION 5003 GENERAL REQUIREMENTS
Section 5003.1.3.1 is added to read:
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage, use and handling of toxic, highly toxic and moderately toxic gases in amounts exceeding Table 6004.2.1.4 shall be in accordance with this chapter and Chapter 60.

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Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases.

Section 5003.1.5 is added to read:
5003.1.5 Health Hazards - Other. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.

Section 5003.1.6 is added to read:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2. An approved containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.

Section 5003.2.2.1 is amended to read:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following:

1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials that are compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.

2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.

3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing and provided with ready access at the following locations:

3.1. The point of use.

3.2. The tank, cylinder or bulk source.

4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be clearly visible, provided with ready access and identified in an approved manner.

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5. Backflow prevention or check valves shall be provided where the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.

6. Where gases or liquids having a hazard ranking of:

Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.

Exceptions:

1. Piping for inlet connections designed to prevent backflow.

2. Piping for pressure relief devices.

7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Table 6004.2.1.4. Secondary containment includes, but is not limited to double-walled piping.

Exceptions:

1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.

2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum.

8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials.

Section 5003.2.2.2 is amended to read:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in accordance with NFPA 704 shall be in accordance with ASME B31.3 and the following:

1. Piping and tubing utilized for the transmission of highly toxic, toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections

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throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.

2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.

3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.

EXCEPTION:

Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed spaces above other occupancies where installed in accordance with Section 415.11.7.4 of the California Building Code for Group H-5 occupancies.

Section 5003.5.2 is added to read:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

Section 5003.5.3 is added to read:
5003.5.3 “H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.

Section 5003.10.4 is amended to read:
5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than the individual(s) handling the chemical transport cart. 5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal).
5003.10.4.3 Toxic, moderately toxic, and highly-toxic gases shall be limited to a container of a maximum water capacity of 1 pound.

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5003.10.4.4 When transporting cryogenic or liquefied compressed gases, means shall be provided to prevent the elevator from being summoned to other floors.

SECTION 5004 STORAGE
Section 5004.2.1 is amended as follows:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:

1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquidtight raised or recessed sills or dikes.

3. Sumps and collection systems

4. Other approved engineered systems.

Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored.

When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.

Section 5004.2.2.2 is amended as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems.

CHAPTER 54 CORROSIVE MATERIALS
Amend Chapter 54 of the 2022 California Fire Code as follows:

SECTION 5402 DEFINITION
Section 5402.1 is amended to read:
5402.1 Definition. The following term is defined in Chapter 2:

CORROSIVE.

CORROSIVE LIQUIDS.

CHAPTER 56 EXPLOSIVES AND FIREWORKS

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Amend Chapter 56 of the 2022 California Fire Code as follows:

Section 5601.1.3 is amended to read:
5601.1. 3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.

The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
Amend Chapter 57 of the 2022 California Fire Code as follows:

SECTION 5704 STORAGE
Section 5704.2.7.5.8 is amended to read:
5704.2.7.5.8 Overfill Prevention.

An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Section 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).

An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).

Section 5704.2.7.5.9 is added to read:
5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.

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SECTION 5707 ON-DEMAND MOBILE FUELING OPERATIONS
Section 5707 is amended to read:
5707.3.3 Site plan.

A site plan shall be developed for each location or area at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate the following:

1. All buildings and structures.

2. Lot lines or property lines.

3. Electric car chargers.

4. Solar photovoltaic parking lot canopies.

5. Appurtenances on-site and their use or function.

6. All uses adjacent to the lot lines of the site.

7. Fueling locations.

8. Locations of all storm drain openings and adjacent waterways or wetlands.

9. Information regarding slope, natural drainage, curbing and impounding.

10. How a spill will be kept on the site property.

11. Scale of the site plan.

CHAPTER 58 FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS Amend Chapter 58 of the 2022 California Fire Code as follows:

SECTION 5809 MOBILE GASEOUS FUELING OF HYDROGEN-FUELED VEHICLES Section 5809.3.4 is amended as follows:
5809.3.4 Site plan.

For other than emergency roadside service, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines and appurtenances on site and their use and function, and the scale of the site plan.

CHAPTER 60 HIGHLY TOXIC AND TOXIC MATERIALS
Amend Chapter 60 of the 2022 California Fire Code as follows:

SECTION 6001 GENERAL

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Section 6001.1 is amended to read:
6001.1 Scope.

The storage and use of highly toxic, toxic and moderately toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53.

Exceptions:

1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.11.

2. Conditions involving pesticides or agricultural products as follows:

2.1 Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer’s instruction and label directions.

2.2 Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.

2.3 Storage in dwellings or private garages of pesticides registered by the US Environmental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.

SECTION 6004 HIGHLY TOXIC AND TOXIC COMPRESSED GASES
Section 6004.1 is amended to read:
6004.1 General.

The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.

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Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used in Group R occupancies. 6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.

Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.

Section 6004.2 is amended to read:
6004.2 Indoor storage and use.

The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.3.

Section 6004.2.1 is amended to read:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.

Section 6004.2.1.4 is added to read:
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, toxic, and moderately toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4
Table 6004.2.1.4 is added to read:

Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet

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Section 6004.4 is added to read:
6004.4. General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.

Exceptions:

1. Where a gas detection system is provided in accordance with 6004.4.8 6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:

1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.

Exceptions:

1. Inlet connections designed to prevent backflow.

2. Pressure relief devices.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:

1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.

2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire- extinguishing systems shall not be used. 6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in

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accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.

Exceptions:

1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided:

1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.

1.2 Hand wheel-operated valves have handles secured to prevent movement.

1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.

2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic-closing fail- safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere.

Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used. 6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worstcase release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.

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Los Gatos City CouncilNovember 15, 2022

Los Gatos City Council
November 15, 2022