Los Gatos City Council
May 7, 2024

ITEM NO. 18.

Objective Design Standards January 31, 2023
b. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet;
Figure B.1.1b

ITEM NO. 18.

Objective Design Standards January 31, 2023
c. Recessed façade plane to accommodate a building entry with a minimum ground plane area of 24 square feet. Where an awning or entry covering is provided, it can extend beyond the wall plane;
Figure B.1.1c
d. An exterior arcade that provides a sheltered walkway within the building footprint with a minimum depth of eight feet. For a façade 50 feet or greater, the arcade must be a minimum length of 65 percent of the full building façade; for a facade less than 50 feet, the arcade must be a minimum of 80 percent of the full building façade.

ITEM NO. 18.

Objective Design Standards January 31, 2023
Figure B.1.1d (1)
Figure B.1.1d (2)

ITEM NO. 18.

Objective Design Standards January 31, 2023
e. Ground floor open area abutting street-facing façade with a minimum area of 60 square feet; or
Figure B.1.1e

ITEM NO. 18.

Objective Design Standards January 31, 2023
f. Vertical elements, such as pilasters or columns, that protrude a minimum of one foot from the façade and extend the full height of the building base or ground floor, whichever is greater.

Figure B.1.1f

1.2 Upper floors above two stories shall be set back by a minimum of five feet from the ground-floor façade.

ITEM NO. 18.

Objective Design Standards January 31, 2023
B.2. Parking Structure Design

2.1 The ground-floor façade of a parking structure facing a street or pedestrian walkway shall be fenestrated on a minimum of 40 percent of the façade.

2.2 Façade openings on upper levels of a parking structure shall be screened at a minimum 10 percent and up to 30 percent of the opening to prevent full transparency into the structure.

2.3 Parking structures facing a street and greater than 40 feet in length shall include landscaping between the building façade and the street, or façade articulation of at least 25 percent of the façade length. The façade articulation shall be implemented by one of the following solutions:
a. An offset of the façade plane with a depth of at least 18 inches for a minimum of eight feet in horizontal length; or
b. A different building material covering the entire façade articulation.

B.3. Roof Design

3.1 At intervals of no more than 40 feet along the building façade, horizontal eaves shall be broken using at least one of the following strategies:
a. Gables;
b. Building projection with a depth of a minimum of two feet; c. Change in façade or roof height of a minimum of two feet; d. Change in roof pitch or form; or
e. Inclusion of dormers, parapets, and/or varying cornices.

3.2 Skylights shall have a flat profile rather than domed.

ITEM NO. 18.

Objective Design Standards January 31, 2023

3.3 The total width of a single dormer or multiple dormers shall not exceed 50 percent of the total roof length at the street-facing façade. The dormer width shall be measured at dormer roof fascia, or widest part of the dormer.

Figure B.3.3

3.4 Carport roof materials shall be the same as the primary building.

ITEM NO. 18.

Objective Design Standards January 31, 2023
B.4. Façade Design and Articulation

4.1 Buildings greater than two stories shall be designed to differentiate the base, middle, and top of the building on any street-facing façade. Each of these elements shall be distinguished from one another using at least two of the following solutions:
a. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum dimension of two feet;
Figure B.4.1a

ITEM NO. 18.

Objective Design Standards January 31, 2023
b. Balconies or habitable projections with a minimum depth of two feet for a minimum of 20 percent length of the street-facing façade; Figure B.4.1b

ITEM NO. 18.

Objective Design Standards January 31, 2023
c. Variation in façade articulation, using shade and weather protection components, projecting a minimum of three feet for a minimum of 20 percent length from the street-facing façade;
Figure B.4.1c

ITEM NO. 18.

Objective Design Standards January 31, 2023
d. The use of at least two different façade materials, each covering a minimum of 20 percent of the street-facing façade, or
e. The upper floor shall implement a façade height that is a minimum of two feet greater than the façade height of the floor immediately below. The greater façade height shall be made evident by taller windows or arrangement of combined windows.

Figure B.4.1e

4.2 All façade materials, such as siding, window types, and architectural details, used on the street-facing façade shall be used on all other building façades.

ITEM NO. 18.

Objective Design Standards January 31, 2023

4.3 Variation in the street-facing façade planes shall be provided for buildings greater than one story by incorporating any combination of the following architectural solutions to achieve a minimum of 16 points:
 Architectural features, such as:
o Arcade or gallery along the ground floor; 8 points
o Awnings or canopies on all ground floor windows of
commercial space;
6 points
o Building cornice; 5 points
o Façade sconce lighting at a minimum of one light fixture per 15 linear feet.
3 points
 Bay or box windows projecting a minimum of 18 inches
from the façade plane and comprising a minimum of 20
percent of the fenestration on the upper floors of the
facade;
6 points
 Balconies or Juliet balconies provided on a minimum of 40 percent of the fenestration on the upper floors of the
facade;
5 points
 Landscaped trellises or lattices extending across a
minimum of 65 percent of any level of the facade;
5 points
 Materials and color changes; 3 points
 Eaves that overhang a minimum of two feet from the
facade with supporting brackets;
3 points
 Window boxes or plant shelves under a minimum of 60
percent of the fenestration on the upper floors of the
facade; or
3 points
 Decorative elements such as molding, brackets, or corbels. 3 points

4.4 Garage doors shall be recessed a minimum of 12 inches from the façade plane and along the street-facing façade shall not exceed 40 percent of the length of the building façade.

ITEM NO. 18.

Objective Design Standards January 31, 2023

4.5 Changes in building materials shall occur at inside corners.

Figure B.4.5

ITEM NO. 18.

Objective Design Standards January 31, 2023

4.6 A primary building entrance shall be provided facing a street or community recreation space. Additionally, all development shall meet the following requirements:
a. Pedestrian entries to ground-floor and upper-floor non-residential uses shall meet at least one of the following standards:
i. The entrance shall be recessed in the façade plane at least three feet in depth; or
ii. The entrance shall be covered by an awning, portico, or other architectural element projecting from the façade a minimum of three feet.

Figure B.4.6a

ITEM NO. 18.

Objective Design Standards January 31, 2023
b. For ground-floor commercial uses, façades facing a street shall include windows, doors, or openings for at least 60 percent of the building façade that is between two and 10 feet above the level of the sidewalk.

Figure B.4.6b

4.7 Pedestrian entries to buildings shall meet minimum dimensions to ensure adequate access based on use and development intensity. Building entries inclusive of the doorway and the facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Single entry to multiple residential unit building, including Residential MixedUse buildings: eight feet in width c. Storefront entry: six feet in width

ITEM NO. 18.

Objective Design Standards January 31, 2023

4.8 Mirrored windows are prohibited.

4.9 Awnings shall be subject to the following requirements:
a. A minimum vertical clearance of eight feet measured from the pedestrian pathway;
b. Shall not extend beyond individual storefront bays; and c. Shall not be patterned or striped.

4.10 For buildings abutting a single-family zoning district or existing single-family use, no part of a rooftop or upper floor terrace or deck shall be closer than five feet from the facade plane of the lower floor, to prevent views into adjacent residential uses.

4.11 Balconies are allowed on facades facing the street and those facades facing existing non-residential uses on abutting parcels. Such balconies shall be without any projections beyond the building footprint.

4.12 Residential Mixed-Use buildings shall provide at least one of the following features along street-facing façades where the façade exceeds 50 feet in length:
a. A minimum five-foot offset from the façade plane for a length of at least 10 feet;
b. Multiple pilasters or columns, each with a minimum width of two feet; or c. Common open space, such as a plaza, outdoor dining area, or other spaces.

4.13 Continuous blank façades on any floor level shall not exceed 25 percent of the entire façade length along any street.

ITEM NO. 18.

Objective Design Standards January 31, 2023
Appendix A - Evaluation of Existing Developments
The following developments in the Town of Los Gatos were analyzed to see if they would meet the three following standards that offer multiple design solutions (B.1.1, B.4.1, and B.4.3). These projects were designed and built without requirements to adhere to specific objective design standards. While some of the projects would not comply with all of the standards below, incorporating additional design solutions would be easily accomplished during the design phase.

C. BUILDING STANDARDS
C.1. Massing and Scale

1.1 Multiple-story building façades that face a street shall incorporate breaks in the building mass by implementing a minimum of three of the following solutions along the combined façade area of all primary buildings facing the street:
a. A minimum of 40 percent of the upper floor façade length shall step back from the plane of the ground-floor façade by at least five feet; b. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet;
c. Recessed façade plane to accommodate a building entry with a minimum ground plane area of 24 square feet. Where an awning or entry covering is provided, it can extend beyond the wall plane;
d. An exterior arcade that provides a sheltered walkway within the building footprint with a minimum depth of eight feet. For a façade 50 feet or greater, the arcade must be a minimum length of 65 percent of the full building façade; for a facade less than 50 feet, the arcade must be a minimum of 80 percent of the full building façade.
e. Ground floor open area abutting street-facing façade with a minimum area of 60 square feet; or
f. Vertical elements, such as pilasters or columns, that protrude a minimum of one foot from the façade and extend the full height of the building base or ground floor, whichever is greater.

ITEM NO. 18.

Objective Design Standards January 31, 2023
B.4. Façade Design and Articulation

4.1 Buildings greater than two stories shall be designed to differentiate the base, middle, and top of the building on any street-facing façade. Each of these elements shall be distinguished from one another using at least two of the following solutions:
g. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum dimension of two feet;
h. Balconies or habitable projections with a minimum depth of two feet for a minimum of 20 percent length of the street-facing façade; i. Variation in façade articulation, using shade and weather protection components, projecting a minimum of three feet for a minimum of 20 percent length from the street-facing façade;
j. The use of at least two different façade materials, each covering a minimum of 20 percent of the street-facing façade, or
k. The upper floor shall implement a façade height that is a minimum of two feet greater than the façade height of the floor immediately below. The greater façade height shall be made evident by taller windows or arrangement of combined windows.

ITEM NO. 18.

Objective Design Standards January 31, 2023

4.3 Variation in the street-facing façade planes shall be provided for buildings greater than one story by incorporating any combination of the following architectural solutions to achieve a minimum of 16 points:
 Architectural features, such as:
o Arcade or gallery along the ground floor; 8 points
o Awnings or canopies on all ground floor windows of
commercial space;
6 points
o Building cornice; 5 points
o Façade sconce lighting at a minimum of one light fixture per 15 linear feet.
3 points
 Bay or box windows projecting a minimum of 18 inches
from the façade plane and comprising a minimum of 20
percent of the fenestration on the upper floors of the
facade;
6 points
 Balconies or Juliet balconies provided on a minimum of 40 percent of the fenestration on the upper floors of the
facade;
5 points
 Landscaped trellises or lattices extending across a
minimum of 65 percent of any level of the facade;
5 points
 Materials and color changes; 3 points
 Eaves that overhang a minimum of two feet from the
facade with supporting brackets;
3 points
 Window boxes or plant shelves under a minimum of 60
percent of the fenestration on the upper floors of the
facade; or
3 points
 Decorative elements such as molding, brackets, or corbels. 3 points

ITEM NO. 18.

Appendix A - Page 1 of 4
Objective Design Standards January 31, 2023
Appendix A – EXAMPLE SCORING OF EXISTING DEVELOPMENTS
University Avenue at Los Gatos-Saratoga Road
B.1.1 - (Minimum 3)
b. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet.
c. Recessed façade plane to accommodate a building entry with a minimum ground plane area of 24 square feet.
e. Ground floor open area abutting street-facing façade with a minimum area of 60 square feet.

B.4.1 – Not applicable, only two stories.

B.4.3 – (16 points minimum)
Arcade (8 points)
Building cornice (5 points)
Sconce lighting (3 points)
Balconies (5 points)
Decorative elements (3 points)
TOTAL = 24 points

ITEM NO. 18.

Appendix A - Page 2 of 4
Objective Design Standards January 31, 2023
Aventino – Winchester Boulevard
B1.1 - (Minimum 3)
b. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet.
c. Recessed façade plane to accommodate a building entry with a minimum ground plane area of 24 square feet.

B4.1 – (Minimum 2)
a. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum dimension of two feet;
b. Balconies or habitable projections with a minimum depth of two feet for a minimum of 20 percent length of the street-facing façade; B4.3 – (16 points minimum)
Material and color changes (3 points)
Balconies or Juliet balconies (5 points)
Eaves that overhang a minimum of two feet from the façade with supporting brackets (3 points)
Window boxes or plant shelves (3 points)
Decorative elements such as molding, ornamentation, or corbels (3 points):

TOTAL = 17 points

ITEM NO. 18.

Appendix A - Page 3 of 4
Objective Design Standards January 31, 2023
North 40 - Market Hall
B1.1 – (minimum 3)
b. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet; e. Ground floor open area abutting street-facing façade with a minimum area of 60 square feet; or

ITEM NO. 18.

Appendix A - Page 4 of 4
Objective Design Standards January 31, 2023
B4.1 – (Minimum 2)
a. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum dimension of two feet;
c. Variation in façade articulation, using shade and weather protection components, projecting a minimum of three feet for a minimum of 20 percent length from the street-facing-façade;
d. The use of at least two different façade materials, each covering a minimum of 20 percent of the street-facing façade;
B4.3 – (16 points minimum)
Awnings or canopies (6 points)
Material and color changes (3 points)
Eaves that overhang a minimum of two feet from the façade with supporting brackets (3 points)
Decorate elements such as molding, brackets, or corbels (3 points) TOTAL = 15 points

ITEM NO. 18.

Appendix B - Page 1 of 10
Objective Design Standards January 31, 2023
Appendix B – OBJECTIVE DESIGN STANDARDS CHECKLIST

APPLICANT RESPONSIBILITY
Applicants are responsible for accurately responding to each objective design standard listed below by indicating whether each standard has been met or does not apply. Applicants shall indicate the sheet(s) within the project plans that show compliance with each objective design standard.

A. SITE STANDARDS
A.1. Pedestrian Access
YES NO N/A Objective Design Standard SHEET
A.1.1 All on-site buildings, entries, facilities, amenities, and vehicular and bicycle parking areas shall be internally connected with a minimum four-foot-wide pedestrian pathway or pathway network that may include use of the public sidewalk. The pedestrian pathway network shall connect to the public sidewalk along each street.

A.1.2 Pedestrian pathways within internal parking areas shall be separated from vehicular circulation by a physical barrier, such as a grade separation or a raised planting strip, of at least six inches in height and at least six feet in width. A pedestrian pathway is exempt from this standard where it crosses a parking vehicular drive aisle.

A.2. Short-Term Bicycle Parking (Class II)
YES NO N/A Objective Design Standard SHEET
Short-term bicycle parking (Class II bicycle parking facility) consists of racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.

A.2.1 Short-term bicycle parking space shall be located within 50 feet of the primary pedestrian building entrance.

A.2.2 Short-term bicycle parking shall be provided at a rate of one space per dwelling unit and one space per 2,000 square feet of non-residential floor area.

A.2.3 Each short-term bicycle parking space shall be a minimum of seven feet in length and two feet in width.

A.2.4 If more than 20-short term bicycle spaces are provided, at least 50 percent of the spaces shall be covered by a permanent solid-roofed weather protection structure.

ITEM NO. 18.

Appendix B - Page 2 of 10
Objective Design Standards January 31, 2023
A.3. Long-Term Bicycle Parking (Class I)
YES NO N/A Objective Design Standard SHEET
Long-term bicycle parking facilities (Class I bicycle parking facility) consists of bicycle lockers or bicycle rooms with key access for use by residents.

A.3.1 Long-term bicycles parking facilities shall be located on the ground floor and shall not be located between the building and the street.

A.3.2 Multi-family residential and residential mixed-use buildings shall provide one long-term bicycle parking space per dwelling unit.

Developments such as townhomes that include individual garages for each unit shall not be required to provide long-term bicycle parking.

A.3.3 Bicycle locker minimum requirements:
a. Dimensions of 42 inches wide, 75 inches deep, and 54 inches high.
b. Must withstand a load of 200 pounds per square foot. c. Opened door must withstand 500-pound vertical load.

A.3.4 Bicycle rooms with key access minimum requirements:
a. Bicycle rooms shall have a minimum ceiling height of seven feet. b. Bicycle rooms shall contain racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.
c. Long-term bicycle parking spaces shall be served by an aisle with a minimum width of six feet.
d. Maneuverability space of at least two feet shall be provided between the aisle and long-term bicycle parking spaces
e. Each horizontal long-term bicycle parking space shall be a minimum of seven feet in length, two feet in width, four-and one-half feet in height. Each vertical long-term bicycle parking space shall be a minimum of three-and one-half feet in length, two feet in width, and seven feet in height.

A.4. Vehicular Access
YES NO N/A Objective Design Standard SHEET
A.4.1 Off-street parking lots shall have vehicular circulation using an internal vehicular network that precludes the use of a public street for aisle-to-aisle internal circulation.

A.5. Parking Location and Design
YES NO N/A Objective Design Standard SHEET
A.5.1 Surface parking lots and carports shall not be located between the primary building frontage and the street.

A.5.2 Uncovered parking rows with at least 15 consecutive parking spaces shall include a landscape area of six feet minimum width at intervals of no more than 10 consecutive parking stalls. One tree shall be provided in each landscape area.

ITEM NO. 18.

Appendix B - Page 3 of 10
Objective Design Standards January 31, 2023
A.6. Parking Structure Access
YES NO N/A Objective Design Standard SHEET
A.6.1 Any vehicular entry gate to a parking structure shall be located to allow a minimum of 18 feet between the gate and the back of the sidewalk to minimize conflicts between sidewalks and vehicle queuing.

A.6.2 A parking structure shall not occupy more than 50 percent of the building width of any street-facing façade, and it shall be recessed a minimum of five feet from the street-facing façade of the building.

A.6.3 For projects with five or more residential units and that have a vehicle access gate to the parking structure, a pedestrian gate shall also be provided.

A.7. Utilities
YES NO N/A Objective Design Standard SHEET
A.7.1 Pedestrian-oriented lighting shall be provided along all pedestrian paths in community recreation spaces. Exterior lighting fixtures shall be a minimum of three feet and a maximum of 12 feet in height.

Light fixtures shall be placed along the pedestrian path at a spacing of no more than 30 linear feet.

A.7.2 Exterior lighting shall be fully shielded and restrain light to a minimum 30 degrees below the horizontal plane of the light source. Lighting shall be arranged so that the light will not shine directly on lands of adjacent residential zoned properties. Uplighting is prohibited.

A.7.3 Street-level views of ground level utility cabinets, mechanical equipment, trash, and service areas shall be screened from sight with landscape planting, fencing, or a wall, as allowed by the Town Code.

The screening shall be at least the same height as the item being screened and screening that is not landscape material shall be constructed with one or more of the materials used on the primary building.

A.7.4 Rooftop mechanical equipment shall be screened from view from the street. Solar equipment is exempt from this requirement.

ITEM NO. 18.

Appendix B - Page 4 of 10
Objective Design Standards January 31, 2023
A.8. Landscaping and Screening
YES NO N/A Objective Design Standard SHEET
A.8.1 At least 50 percent of the front setback area shall be landscaped.

A.8.2 A minimum 10-foot-wide landscape buffer shall be provided along the full length of the shared property line between multi-family or Residential Mixed-Use development and abutting residential properties. The buffer shall include the following:
a. A solid masonry wall with a six-foot height, except within a street-facing setback where walls are not permitted; and b. Trees planted at a rate of at least one tree per 30 linear feet along the shared property line. Tree species shall be selected from the Town of Los Gatos Master Street Tree List and shall be a minimum 15-gallon size.

A.8.3 Surface parking lots shall be screened from view of the street with landscaping or a wall with a minimum three-foot height to screen the parking lot when not already screened by a primary building. When located in a street-facing setback, screening may not exceed a height of three feet.

A.9. Fencing
YES NO N/A Objective Design Standard SHEET
A.9.1 Fences, walls, and gates within required setbacks along all street frontages are prohibited unless used to screen on-site parking spaces from view from the street.

A.9.2 Chain link fencing is prohibited.

A.9.2 Perimeter barrier gates for vehicles and pedestrian entry gates shall have a maximum height of six feet.

A.9.4 Solid vehicular and pedestrian entry gates are prohibited. Entry gates shall be a minimum 50 percent open view.

A.10. Retaining Walls
YES NO N/A Objective Design Standard SHEET
A.10.1 Retaining walls shall not exceed five feet in height. Where an additional retained portion is necessary, multiple-terraced walls shall be used. Terraced walls shall set back at least three feet from the lower segment.

A.10.2 Retaining walls shall not run in a straight continuous direction for more than 50 feet without including the following:
a. A break, offset, or landscape pocket in the wall plane of at least three feet in length and two feet in depth; and
b. Landscaping at a minimum height of three feet at the time of installation along a minimum of 60 percent of the total length of the retaining wall.

ITEM NO. 18.

Appendix B - Page 5 of 10
Objective Design Standards January 31, 2023
A.11. Landscaped, Private, and Community Recreation Spaces YES NO N/A Objective Design Standard SHEET
A.11.1 The landscaped, private, and community recreation spaces listed below are required for all qualifying projects. Community recreation spaces and private recreation spaces are calculated independent of each other. Landscaped areas within community recreation spaces can contribute to required minimums for both landscaped area and community recreation space.
a. Landscaped space: A minimum of 20 percent of the site area shall be landscaped.
b. Private recreation space: The minimum horizontal dimension is six feet in any direction and a minimum area of 60 square feet.

The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit. Landscaped sections of private recreation space shall not count towards required landscaping requirements.
i. Each ground floor dwelling unit shall have a minimum of 120 square feet of usable private recreation space.
ii. Each dwelling unit above the ground floor shall have a minimum of 60 square feet of usable private recreation space.

Where multiple balconies are provided for a single unit, the 60-square-foot minimum can be an aggregate of all balconies, provide each balcony meets the requirements for minimum horizontal dimensions.
c. Community recreation space: The minimum dimensions are 10 feet by six feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community
recreation space shall provide shading for a minimum 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature. i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet
per residential unit plus a minimum of two percent of the non-residential square footage.
ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit.
iii. A project with four or less residential units is exempt from community recreation space requirements.
iv. Landscaped roof space can satisfy both required landscaping requirements and community recreation space requirements.

Landscaped roof space may not be used to satisfy more than 50 percent of the required landscaping for the site.

ITEM NO. 18.

Appendix B - Page 6 of 10
Objective Design Standards January 31, 2023
A.12. Building Placement
YES NO N/A Objective Design Standard SHEET
A.12.1 To ensure buildings provide a continuous frontage along sidewalks, development in commercial zones shall place at least 75 percent of any ground floor street-facing façade on or within five feet of the setback line designated in the Town Code.

A.12.2 A Residential Mixed-Use project with a ground-floor non-residential use shall provide site amenities on a minimum of 15 percent of the ground plane between the building and the front or street-side property line. The site amenities shall be comprised of any of the following elements:
a. Landscape materials or raised planters;
b. Walls designed to accommodate pedestrian seating, no higher than 36 inches;
c. Site furnishings, including fountains, sculptures, and other public art; or
d. Tables and chairs associated with the ground floor use.

B. BUILDING DESIGN
B.1. Massing and Scale
YES NO N/A Objective Design Standard SHEET
B.1.1 Multiple-story building façades that face a street shall incorporate breaks in the building mass by implementing a minimum of three of the following solutions along the combined façade area of all primary buildings facing the street:
a. A minimum of 40 percent of the upper floor façade length shall step back from the plane of the ground-floor façade by at least five feet;
b. Changes in the façade plane with a minimum change in depth of two feet for a minimum length along the façade of two feet at intervals of no more than 30 feet;
c. Recessed façade plane to accommodate a building entry with a minimum ground plane area of 24 square feet. Where an awning or entry covering is provided, it can extend beyond the wall plane; d. An exterior arcade that provides a sheltered walkway within the building footprint with a minimum depth of eight feet. For a façade 50 feet or greater, the arcade must be a minimum length of 65 percent of the full building façade; for a facade less than 50 feet, the arcade must be a minimum of 80 percent of the full building façade.
e. Ground floor open area abutting street-facing façade with a minimum area of 60 square feet; or
f. Vertical elements, such as pilasters or columns, that protrude a minimum of one foot from the façade and extend the full height of the building base or ground floor, whichever is greater.

B.1.2 Upper floors above two stories shall be set back by a minimum of five feet from the ground-floor façade.

ITEM NO. 18.

Appendix B - Page 7 of 10
Objective Design Standards January 31, 2023
B.2. Parking Structure Design
YES NO N/A Objective Design Standard SHEET
B.2.1 The ground-floor façade of a parking structure facing a street or pedestrian walkway shall be fenestrated on a minimum of 40 percent of the façade.

B.2.2 Façade openings on upper levels of a parking structure shall be screened at a minimum 10 percent and up to 30 percent of the opening to prevent full transparency into the structure.

B.2.3 Parking structures facing a street and greater than 40 feet in length shall include landscaping between the building façade and the street, or façade articulation of at least 25 percent of the façade length. The façade articulation shall be implemented by one of the following solutions:
a. An offset of the façade plane with a depth of at least 18 inches for a minimum of eight feet in horizontal length; or
b. A different building material covering the entire façade articulation.

B.3. Roof Design
YES NO N/A Objective Design Standard SHEET
B.3.1 At intervals of no more than 40 feet along the building façade, horizontal eaves shall be broken using at least one of the following strategies:
a. Gables;
b. Building projection with a depth of a minimum of two feet; c. Change in façade or roof height of a minimum of two feet; d. Change in roof pitch or form; or
e. Inclusion of dormers, parapets, and/or varying cornices.

B.3.2 Skylights shall have a flat profile rather than domed.

B.3.3 The total width of a single dormer or multiple dormers shall not exceed 50 percent of the total roof length at the street-facing façade.

The dormer width shall be measured at dormer roof fascia, or widest part of the dormer.

B.3.4 Carport roof materials shall be the same as the primary building.

ITEM NO. 18.

Appendix B - Page 8 of 10
Objective Design Standards January 31, 2023
B.4. Façade Design and Articulation
YES NO N/A Objective Design Standard SHEET
B.4.1 Buildings greater than two stories shall be designed to differentiate the base, middle, and top of the building on any street-facing façade.

Each of these elements shall be distinguished from one another using at least two of the following solutions:
a. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum dimension of two feet;
b. Balconies or habitable projections with a minimum depth of two feet for a minimum of 20 percent length of the street-facing façade;
c. Variation in façade articulation, using shade and weather protection components, projecting a minimum of three feet for a minimum of 20 percent length from the street-facing façade; d. The use of at least two different façade materials, each covering a minimum of 20 percent of the street-facing façade, or
e. The upper floor shall implement a façade height that is a minimum of two feet greater than the façade height of the floor immediately below. The greater façade height shall be made evident by taller windows or arrangement of combined windows.

B.4.2 All façade materials, such as siding, window types, and architectural details, used on the street-facing façade shall be used on all other building façades.

ITEM NO. 18.

Appendix B - Page 9 of 10
Objective Design Standards January 31, 2023
B.4. Façade Design and Articulation (continued)
YES NO N/A Objective Design Standard SHEET
B.4.3 Variation in the street-facing façade planes shall be provided for buildings greater than one story by incorporating any combination of the following architectural solutions to achieve a minimum of 16 points:

Architectural features, such as:
o Arcade or gallery along the ground floor; 8 points
o Awnings or canopies on all ground floor windows
of commercial space;
6 points
o Building cornice; 5 points
o Façade sconce lighting at a minimum of one light
fixture per 15 linear feet.
3 points
 Bay or box windows projecting a minimum of 18
inches from the façade plane and comprising a
minimum of 20 percent of the fenestration on the
upper floors of the facade;
6 points
 Balconies or Juliet balconies provided on a minimum of 40 percent of the fenestration on the upper floors of
the facade;
5 points
 Landscaped trellises or lattices extending across a
minimum of 65 percent of any level of the facade;
5 points
 Materials and color changes; 3 points
 Eaves that overhang a minimum of two feet from the
facade with supporting brackets;
3 points
 Window boxes or plant shelves under a minimum of 60
percent of the fenestration on the upper floors of the
facade; or
3 points
 Decorative elements such as molding, brackets, or
corbels
3 points
TOTAL
B.4.4 Garage doors shall be recessed a minimum of 12 inches from the façade plane and along the street-facing façade shall not exceed 40 percent of the length of the building façade.

B.4.5 Changes in building materials shall occur at inside corners.

B.4.6 A primary building entrance shall be provided facing a street or community recreation space. Additionally, all development shall meet the following requirements:
a. Pedestrian entries to ground-floor and upper-floor nonresidential uses shall meet at least one of the following standards:
i. The entrance shall be recessed in the façade plane at least three feet in depth; or
ii. The entrance shall be covered by an awning, portico, or other architectural element projecting from the façade a minimum of three feet.

ITEM NO. 18.

Appendix B - Page 10 of 10
Objective Design Standards January 31, 2023
B.4. Façade Design and Articulation (continued)
YES NO N/A Objective Design Standard SHEET
b. For ground-floor commercial uses, façades facing a street shall include windows, doors, or openings for at least 60 percent of the building façade that is between two and 10 feet above the level of the sidewalk.

B.4.7 Pedestrian entries to buildings shall meet minimum dimensions to ensure adequate access based on use and development intensity.

Building entries inclusive of the doorway and the facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Single entry to multiple residential unit building, including Residential Mixed-Use buildings: eight feet in width
c. Storefront entry: six feet in width
B.4.8 Mirrored windows are prohibited.

B.4.9 Awnings shall be subject to the following requirements:
a. A minimum vertical clearance of eight feet measured from the pedestrian pathway;
b. Shall not extend beyond individual storefront bays; and c. Shall not be patterned or striped.

B.4.10 For buildings abutting a single-family zoning district or existing singlefamily use, no part of a rooftop or upper floor terrace or deck shall be closer than five feet from the facade plane of the lower floor, to prevent views into adjacent residential uses.

B.4.11 Balconies are allowed on facades facing the street and those facades facing existing non-residential uses on abutting parcels. Such balconies shall be without any projections beyond the building footprint.

B.4.12 Residential Mixed-Use buildings shall provide at least one of the following features along street-facing façades where the façade exceeds 50 feet in length:
a. A minimum five-foot offset from the façade plane for a length of at least 10 feet;
b. Multiple pilasters or columns, each with a minimum width of two feet; or
c. Common open space, such as a plaza, outdoor dining area, or other spaces.

B.4.13 Continuous blank façades on any floor level shall not exceed 25 percent of the entire façade length along any street.

ITEM NO. 18.

This Page
Intentionally
Left Blank

ITEM NO. 18.

Reviewed by: Town Manager, Planning Manager, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
4 DATE: May 2, 2024
TO: Mayor and Town Councilmembers
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” as Recommended by the Planning Commission. The proposed amendments to the Town Code are not a project subject to CEQA [CEQA Guidelines Section 15061(b)(3)]. Town Code Amendment Application A-24-002. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Introduce an Ordinance (Attachment 3) titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” as recommended by the Planning Commission.

BACKGROUND:

The Town Council considered this ordinance for introduction at its April 2, 2024 meeting. A copy of the staff report for the April 2, 2024 meeting is provided as Attachment 1.

At the April 2, 2024 meeting, the Town Council discussed the proposed 90-day time limit for the display of temporary signs. The Town Council was concerned that temporary signs would remain on display for too long a period. The Town Council expressed a preference that temporary signs, such as election signs, that are related to a specific event be required to be removed within a specified number of days from the event to which they pertain.

DISCUSSION:

Language has been added to Section 29.10.110(15) of the proposed ordinance to require the removal of temporary signs relating to a specific event within fifteen days after that event.

The City of Campbell imposes a similar time limit.

DISCUSSION (continued):

ITEM NO. 19.

PAGE 2 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: May 2, 2024
A redline of the proposed ordinance is provided as Attachment 2 and a clean version of the proposed ordinance is provided as Attachment 3.

CEQA:

The proposed amendments to the Town’s Sign Code are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to temporary signs.

RECOMMENDATION:

Staff recommends that the Town Council introduce an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” (Attachment 2). If the ordinance is introduced at the May 7, 2024, meeting, it will return for adoption on May 21, 2024, and will take effect 30 days after adoption.

Attachments:

1. April 2, 2024, Town Council Staff Report (without attachments)

2. Redline of Town Code

3. Draft Sign Ordinance - Clean

ITEM NO. 19.

Reviewed by: Planning Manager, Community Development Director, Assistant Town Manager, and Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2024
4 DATE: March 27, 2024
TO: Mayor and Town Councilmembers
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” as Recommended by the Planning Commission. The proposed amendments to the Town Code are not a project subject to CEQA [CEQA Guidelines Section 15061(b)(3)]. Town Code Amendment Application A-24-002. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Introduce an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” as recommended by the Planning Commission.

BACKGROUND:

The Town Council considered this topic at a study session last year. As the Town Council will recall, the Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140 of the Town Code and was most recently amended in 1994. Since then, a number of court decisions affecting sign regulations have been issued. These court decisions discuss the First Amendment and “freedom of speech.” The most significant of these decisions is Reed v. Gilbert, 576 U.S. 155 (2015). In Reed v. Gilbert, the court overturned a local ordinance that imposed contentbased regulations. Government regulation of speech is considered to be “content-based” if the law applies to particular speech based on the topic discussed or the idea or message expressed.

If a regulation affecting signs in the public right of way is “content-based,” a court will only uphold the regulation if it: 1) serves a compelling government interest; and 2) is narrowly tailored to serve that interest. This is a very high standard and, aside from decisions upholding directional signage, content-based regulations are routinely struck down. A regulation affecting signs on private property will be upheld if it is: 1) reasonable; and 2) content-neutral.

Attachment 1

ITEM NO. 19.

PAGE 2 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
BACKGROUND (continued):

The Town’s Sign Ordinance currently includes content-based regulations for several types of temporary signs. Examples of this are regulations that are specific to “political signs,” “real estate open house signs,” “grand opening” banners, and special event signs. The best practice is to have a category for “temporary signs” and apply the same regulations to all forms of temporary signs.

Case law does authorize the Town to impose “time, place, and manner” regulations on signage.

Examples of “time, place, and manner” regulations are those related to size, location, and time limits for display.

At its study session, the Town Council’s feedback was that the sign ordinance works well and should be amended as minimally as possible. The Town Attorney has worked with outside counsel to draft revisions for temporary signs that remove the “content-based” restrictions.

For example, “political signs” have been reclassified as “temporary signs.” In addition, a revision is included to prohibit temporary signs in the following areas of public right of way: 1) the median; and 2) the area between the paved road and the sidewalk.

The Planning Commission reviewed proposed amendments to the Town’s sign ordinance on February 28, 2024. In addition to the proposed revisions, the Planning Commission recommended that the ordinance be revised to:
1) Add a definition for “yard signs;”
2) Revise the “temporary sign” definition to give examples of temporary signs and to revise the 90-day time limit to add “or as otherwise set forth in this Article” (since some temporary signs have different time limits);
3) Change the term “jointly and severally liable” to “jointly and severally responsible;” 4) Provide that yard signs are limited in size to no more than six square feet and that there is no limit on the number of yard signs;
5) Remove the general prohibition on flags, banners, and balloons and address them as temporary signs that require a permit; and
6) Make the permitted size of signs on construction sites proportional to the size of the parcel.

DISCUSSION:

A redline of the sign ordinance with the proposed revisions, including the Planning Commission recommendations, is attached as Attachment 1. The proposed changes are:

ITEM NO. 19.

PAGE 3 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
DISCUSSION (continued):

Sec. 29.10.100. Definitions.

The content-based portions of the definitions of “bulletin board” and “sign” have been removed.

The definition for “political sign” has been removed since it is content-based.

Within the definition of “temporary sign,” a display limit of “90 days or as otherwise provided” has been added.

Sec. 29.10.100 Definitions.

The definition of “bulletin board” has been revised to remove the “content-based” description.

The term “zoning plot” has been replaced with the term “parcel.” The term “political sign” has been removed because it is content-based.

Content-based language has been removed from the definition of “sign.” Examples of temporary signs have been added to the definition of “temporary sign.” Sec. 29.10.105 Generally.

A subsection (f) has been added to give noncommercial speech the same protections as commercial speech. This change is required by recent case law.

Sec. 29.10.110. Exceptions.

Subsection (5) has been renamed “Temporary Signs” and content-based regulations have been replaced with locational regulations. A category for yard signs has been added, providing that there is no limit on yard signs but that no yard sign shall exceed six square feet in size. The removal requirement for temporary signs has been moved to this Section.

Subsection (6) formerly contained a prohibition on individual or company advertising on open house signs. This prohibition has been removed because it is content-based. It has been revised and moved to be under the newly titled “Temporary Sign” subsection.

In subsection (8), content-based regulations have been removed.

ITEM NO. 19.

PAGE 4 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
DISCUSSION (continued):

The previous subsection (15) is content-based and has been deleted. In the new subsection (15), the phrase “jointly and severally liable” has been replaced with the phrase “jointly and severally responsible.”
Sec. 29.10.115. Prohibited Signs.

The Planning Commission recommended that subsection (1) prohibiting “banners, flags, pennants, balloons, and similar objected designed to move with the wind” be removed from this Section and that sign permits be required for these types of signs in accordance with Section 29.10.105(c) and 29.10.120.

A subsection (16) has been added to prohibit temporary signs in the public right of way median or area between the paved road and the sidewalk.

Sec. 29.10.120. Temporary Signs.

The heading of this Section has been revised to “Temporary Signs Requiring Permits” to differentiate it from the Section addressing temporary signs for which permits are not required.

Content-based regulations have been replaced with content-neutral time, place, and manner regulations.

As recommended by the Planning Commission, the proposed ordinance provides that signs on construction sites with under 100 lineal feet of street frontage are limited to 32 square feet.

Signs on construction sites with 100 lineal feet or more of street frontage are limited to 64 square feet.

PUBLIC COMMENTS:

Prior to the February 28th Planning Commission meeting, staff conducted outreach through the following media and social media resources, as well as direct communication with stakeholders as summarized below:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account;
 The Town’s NextDoor page;
 Newspaper ad; and
 Telephone call and letter to Silicon Valley Association of Realtors.

ITEM NO. 19.

PAGE 5 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
PUBLIC COMMENTS (continued):

Because there was limited public comment at the Planning Commission meeting, staff subsequently provided a copy of the proposed sign ordinance to the Chamber of Commerce along with a cover letter summarizing the proposed revisions.

CEQA:

The proposed amendments to the Town’s Sign Code are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to temporary signs.

RECOMMENDATION:

Staff recommends that the Town Council introduce an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” (Attachment 2).

ALTERNATIVE:

Alternatively, the Town Council could retain the original regulations for construction site signage, which did not provide for increased size based on street frontage.

ATTACHMENTS:

1. Redline of Town Code

2. Draft Sign Ordinance - Clean

ITEM NO. 19.
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 3. SIGNS
Los Gatos, California, Code of Ordinances Created: 2023-08-21 16:16:41 [EST] (Supp. No. 92)

DIVISION 3. SIGNS
Sec. 29.10.100. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state law.

Arcade means a covered passageway with business establishments along at least one (1) side.

Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs.

Attraction board is a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.

Awning is synonymous with marquee.

Billboard means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are signs erected upon benches.

Bulletin board is a sign located on the same premises and used solely in connection with activities ofas a church, school, hospital, or public building, and allowing changeable messages.

Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glassenclosed showroom facing the street. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking lot located on the same zoning plotparcel as the business frontage.

Canopy is synonymous with marquee.

Conformance means the state of being in conformity with the provisions of this division, either because of reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.

Construction sign is a sign located on a construction site during the course of construction, which identifies the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended.

Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency, such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.

ATTACHMENT 2

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Entity means any person and any distinct business enterprise even where adjacent business enterprises are owned or operated by a single person.

Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.

Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted either to display an advertising message or to attract attention to the sign. The face of a sign is often the front, but may be any surface including a rear or blank portion. A sign may have more than one (1) face and may be virtually all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two (2) faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the particular aspect in question is readily viewable from public property or any premises other than those where the sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are present. Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single perimeter, including the spaces between them.

Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an integral part of a building.

Ground sign is a freestanding sign less than seven (7) feet high.

Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground surface where the sign is erected, not taking into account mounding or other alterations to the surface made in regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.

Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the lot line in respect to which the business for which the sign is provided has its primary business frontage.

Marquee means a temporary or permanent structure attached to or supported by a building, designed for shelter over a pedestrian or vehicular way and which may or may not project over public property.

Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood, which serves only to identify the neighborhood.

Nonconforming sign is one which was lawfully erected but which does not comply with this division because of:
(1) Annexation of territory to the Town;
(2) Amendment to the zoning ordinance;
(3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner of the real property where the sign is located.

However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located; (2) Alterations to any building on the lot or, parcel or zoning plot where the sign is located; or

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs.

Off-premises sign is any sign not located on the same zoning plotparcel as the entity it advertises.

Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer entrance to a business.

Political sign is any sign which is intended to influence the vote for the passage or defeat of a measure, or nomination, election or defeat of a candidate in any governmental election.

Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure, or sign. "A"-frame and sandwich signs are portable signs.

Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.

Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.

Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors, created, adapted, or installed, by a person for the primary and apparent purpose of conveying a visible advertisingcommunicating a message, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building create a primary effect of advertising. Exceptions:
(1) Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in the unusual manner might constitute a sign. (2) A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services. (3) Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.

Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall.

For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the perimeter composed of not more than eight (8) straight lines.

Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person authorized by this division to erect a sign.

Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light materials, intended to be displayed for a short period of time as set forth in section 29.10.120fewer than 90 days or a short period of time as set forth elsewhere in this Division. Examples of temporary signs are yard signs, for sale signs, for rent signs, flags, balloons, and banners..

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Time and temperature sign is a sign which shows time and/or temperature and which contains no advertising.

Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.

Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.

Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event, below the top of the structure. A sign which meets the definition of this section but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a wall sign.

Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.

Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed directly in or upon the ground on private property.
(Ord. No. 1316, §§ 3.31.010—3.31.190, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1519, 10-26-81) Sec. 29.10.105. Generally.
(a) Application. The regulations in this division apply to all signs in all zones. Regulations of the number and area of signs refer to the signs allowed on a zoning plotparcel, except where the regulations prescribe the number and area of signs allowed on a business frontage.
(b) Intent. The intent of this division is as follows:
(1) The Town is a predominantly residential community of natural beauty, distinctive architecture and historic character. The economic stability of the Town is dependent upon its high quality and Townoriented, commercial and residential environment. Unregulated and uncontrolled erection and maintenance of advertising structures tends to create a garish and gaudy atmosphere which is not in harmony with the character and environment of the business or residential community. (2) The purpose of a sign is to inform the general public that a business enterprise and function exists in the Town.
(3) This chapter recognizes the right of the public to be directed, warned, advised, and informed; and also recognizes the economic need for a sign to function as a means of identification, expression of business character, and positive notification of product and service availability for consumption. (4) This chapter regulates the location, height, width, shape, proportion, design, illumination and construction (except as provided by building codes) of signs for the purpose of insuring that they are architecturally compatible with the planned image of the Town. (5) The purpose of this chapter is to assist in the continuation of existing and introduction of new commercial activities in architectural harmony with the existing and planned Town, to take advantage of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real property. To accomplish this:
a. Local public values must be balanced with general public rights and economic functions related to signs.

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

b. The size of a sign must be prevented from overpowering its surroundings or becoming a determinant factor in consumer evaluation of competitive enterprises. c. The shape of a sign must not conflict with the architectural lines of its setting. d. A sign must be prevented from overpowering its surroundings through hue, saturation, and brilliance or close combination of incompatible colors. e. Normal maintenance and speedy repair is required for all signs. (c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110.

A building permit may be required by another ordinance. (d) Variances. The provisions of this chapter concerning variances are not available to modify the terms of this division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign. (f) Noncommercial Signs. Notwithstanding any provision of the section, signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.
(g) Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid for any reason by a court having jurisdiction under state or federal law, the remaining portions of this chapter shall remain in full force and effect.
(Ord. No. 1316, §§ 3.30.010—3.30.070, 6-7-76; Ord. No. 1363, 8-1-77) Sec. 29.10.110. Exceptions.

A sign permit is not required for the signs described in this section. The number and area of these signs are regulated only by this section Section and they are allowed in addition to signs of other classes. (1) House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad crossing signs, authorized traffic or parking signs and rural delivery boxes. (2) Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat against the wall of a building, which only show the name or address of a person or persons or entity occupying the area, up to a limit of six (6) plates per building. (3) Building directories. Building directories for buildings with more than six (6) tenants, the sign having an area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name or address of the persons or entitles occupying the building. (4) Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of erection, provided the sign does not exceed four (4) square feet in area.
(5) Real estateTemporary Sign.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for any lot fence or building which serves solely to advertise the sale, lease or rental of or an offer to build to suit on the premises where the sign is located, provided the sign does not exceed twelve (12) square feet in area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a residential zone. This exception is only available when all or part of the premises is actually available for the sale or leasetransaction advertised.

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(6) b. At Intersection or on Parcel. Open house. Nonilluminated, off-site, portable signs directing customers to the location of an open house which is for sale are permitted, unlimited in total number, but limited to one (1) double-faced sign per corner of an intersection or zoning plotparcel. The signs shall not exceed an area of one (1) square foot per face and shall not be more than four (4) feet high.

Open house signs shall contain no individual, or individual company advertising. Prior permission shall be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs shall be removed each day after the closing of the open house. Open houseSuch signs are an exception to the rule prohibiting off-premises signs and signs on public property. (6)(7) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside and signs not visible from off the premises.
(7)(8) Convenience signs. Convenience signs not exceeding two (2) square feet in area and containing no advertising materialproviding directions only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be illuminated.
(8)(9) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in area.
(9)(10) Window signs. Window signs not exceeding twenty-five (25) percent of the window area. (10)(11) Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the business(es) controlling the parking lot.
(11)(12) Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations.
(12)(13) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of one hundred (100) total square feet of floor area. (13)(14) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a public agency.
(15) Political signs. Any number of nonilluminated political signs, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and not exceeding eighteen (18) square feet in other zones. There is no area limit for political window signs, and their area is in addition to that allowed for other political signs. No political sign shall be erected an unreasonable period of time in advance of the election or convention, and all persons who erect political signs or who own or control the premises where political signs are erected, are jointly and severally liable to remove such signs within ten (10) days after the election or convention to which the sign pertains.
(14)(16) Special event signs. Any sign permitted by a special event permit issued under Article X of Chapter 14 of this Code.
(15)(17) Temporary signs. With the exception of yard signs, any number of temporary signs, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard signs, but no yard sign shall exceed six square feet in size. All persons who erect temporary signs, including yard signs, or who own or control the premises where temporary signs are erected, are jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in this Division. Temporary signs relating to an event, such as an election, shall be removed within fifteen days after the event.

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(Ord. No. 1316, §§ 3.32.010—3.32.070, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1731, 7-6-87; Ord. No. 1737, § VI, 11-2-87; Ord. No. 1738, 11-2-87; Ord. No. 1908, § III, 7-20-92) Sec. 29.10.115. Prohibited signs.

Except as otherwise provided in this chapter, the signs described in this section are prohibited. (1) Banners, Flags, etc. pennants, balloons, and similar objects. Flags, banners, pennants, balloons, and similar objects designed to move with the wind, except flags up to 3 x 5 square fee in side are permitted. except the American flag, the flag of any nation or governmental entity, or house flags when flown in conjunction with the American flag, either on the same staff or a separate staff, and when the house flag is smaller than or equal in size to the American flag. (2) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move. (3) Moving signs. Signs that rotate or move in any fashion, except barber poles. (4) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of surrounding property or are a traffic hazard.
(5) Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct the view from any living area in the building to which the sign is attached. (6) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape. (7) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or device.
(8) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal. (9) Posters. Placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in a public thoroughfare, except those of an official nature as provided in section 29.10.110(12).
(10) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or trailers are parked in such a location or manner that it is clear the intention is to advertise the services of a business.
(11) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway. (12) Off-premises signs. Off-premises signs, except those authorized by sections 29.10.110(6), (15),

29.10.120(2), (4), and 29.10.130(1).
(13) Indecent signs. Signs containing matter which is obscene under State law. (14) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a projector or other device.
(15) Billboards. Any billboard sign.
(16) Temporary signs in Portions of the Public Right of Way. Temporary signs in the median of the public right of way or the portion of the right of way between the road and the sidewalk. (17)(16) Unauthorized signs. Any sign not specifically authorized in sections 29.10.110, 29.10.120 and

29.10.130.
(Ord. No. 1316, §§ 3.33.010—3.33.090, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1446, 11-19-79)

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Sec. 29.10.120. Temporary signs Requiring Permits.

Every sign described in this section, regardless of the manner of its construction, is a temporary sign. The number and area of such signs are regulated only by this section and are in addition to the allowed number and area for other classes of signs.
(1) Grand opening signOn Premises Sign Erected by Business. Temporary signs used in conjunction with a grand openingerected on premises ofby a business are permitted as long as the grand opening does notfor up to exceed forty-five (45) calendar days. The total area of temporary signs may be equal to or less than the total sign area permitted for the business by section 29.10.135. The permit shall state the maximum sign area allowed and the date the sign is to be removed as set by the erector of or this chapter, whichever is more restrictive.
(2) Subdivision signsOn Premises Sign Erected byof Subdivisionder. Nonilluminated, on-site signs advertising a residential subdivision on property which has received subdivision or development approval from the Town, from that approval until issuance of a building permit for the last lot to be sold or completion of the development project,erected by a subdivider are permitted, limited to one (1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line. Additional Up to four additional signs containing information about the model name or number, floor plan, area or price are permitted in residential subdivisions provided there is not more than one (1) such sign for each model (not one (1) sign for each example of a model). Additional sSigns concerning models shall have an area not exceeding three (3) square feet, nor a height of more than four (4) feet, and shall be located in the immediate vicinity of an example of the model to which they refer. One oOff-premises subdivision signs advertising subdivisionserected by subdividers which are not located on a major arterial street as defined by the Town general plan isare permitted, limited to one (1) sign per subdivision. The signs shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such signs may be erected for up to 90 days. Signs authorized by this section shall not be erected until the subdivision map is recorded and building permits are issued for the construction of the project. Signs authorized under this section shall be removed when occupancy permits have been granted for ninety (90) percent of the dwelling units in the development. Off-premises subdivision signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs. (3) Sign Erected by Lessor of Futureon Commercial, Office, or Industrial Development for Sale or LeaseLease and rental signs. One (1) single-faced sign, advertising the rental or lease on property owned by lessorfor sale or lease of a commercial, office, or industrial development to be built in the future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street right-of-way line. The sign shall not be erected until a Development Review Committee approval is granted for the erection of the building or buildings and the sign shall be removed when seventy (70) percent of the floor area of the project is occupiedfor over 90 days. (4) Event signsSign Erected by Special Event Sponsor.
a. Subject to the conditions of this section, a permit may be issued for a temporary sign promotingto the sponsor of a civic, political, charitable, cultural, recreational, educational or religious event as follows:
(i) An event in town sponsored by a non-profit organization; or

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(ii) An event sponsored by a non-profit organization with its principal business address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or (v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the Town Council within ten (10) days of the Director's decision. c. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed. d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event.
(ii) TheAn event sign shall be no larger than permitted under section 29.10.135. (iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town.

Within this limit of three (3) signs, the following restrictions apply:

A. Except as provided under subsection (B) below, no more than one sign per event shall be permitted in the Downtown Area.

B. No more than one sign shall be permitted at the event site. Should the event have a number of locations or not have a fixed location, the event site sign shall be placed within five hundred (500) feet of the beginning or end of the event.

Should the event site be located within the Downtown Area, the sign at the event site shall not count against the limitation imposed by subsection (A) above.
(iv) Event signs shall be secured at all four (4) corners to avoid flapping. (v) No temporary structure may be erected for the purpose of displaying an event sign. e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five hundred (500) feet of any intersection in Town.
(ii) The square footage of an event sign shall not exceed the calculation of total sign area permitted under section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time. f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(ii) A non-profit association as defined in Corporations Code section 21000; or (iii) A non-profit corporation existing under the laws of another State governing non-profit corporations and which is permitted to do business in California under California law. g. For the purposes of this section, Downtown Area means the C-2 zone. (5) Construction sSigns on construction sites. On parcels of under one acre, oOne (1) construction (nonilluminated) sign on a zoning plot of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.
(Ord. No. 1316, §§ 3.34.010—3.34.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § I, 7-20-92; Ord. No. 1980, § II, 5-23-94)
Sec. 29.10.125. Standards.

The following standards prescribed in this section shall apply to all sign approvals. (1) Copy. Signs are limited to naming the entity and the kind of activity conducted on the premises and products and services offered there. Signs may refer to matters not on the premises only when sections 29.10.105 through 29.10.140 expressly provide. (2) Trade names or logos. Signs may show trade names or logos that are not the name of the entity on the premises, but only when such trade name or logo is that of a product or service which is a major part of the sales or services conducted on the premises.
(3) Compatibility with surroundings. The design, color and location of each sign shall be compatible with the architecture of the buildings on the premises, and in harmony with the structures and other improvements on the property.
(4) Shopping centers. In a shopping center or multi-tenant building, each sign shall be related to the other signs in the same center or building by incorporating at least four (4) of the following six (6) identical elements:
a. Material.
b. Letter style.
c. Color.
d. Illumination.
e. Method used for structural support of attachment.
f. Shape of the entire sign and its components.
(5) Backs and supports. The backs and supports of all signs shall be subdued. (6) Illumination generally. No portion of the surface of any illuminated sign nor any visible lamp illuminating a sign shall have a brightness exceeding one hundred fifty foot-lamberts.

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(7) Illumination near residential districts. Illuminated signs with a brightness more than thirty footlamberts shall not be erected nearer than fifty (50) feet from any point in a residential district unless the face of the sign is not visible from the residential district. (8) Roof signs. Roof signs must:
a. Be erected only on a roof whose pitch is at least one (1) vertical to four (4) horizontal. b. Have a face no more than two (2) feet measured vertically. c. Be located so the face is parallel to the eave in front of the sign. d. Be set no more than eight (8) inches above the roof. e. Be designed and erected so that no part of its face is higher than either the peak or an elevation five (5) feet above the eave in front of the sign.
f. Have architecture and site approval.

Architecture and site approval may only be issued on the basis of findings that a wall sign is not feasible because the wall of the building is set back beneath and obscured by the porch or roof overhang which is an extension of and integral with the sloping roof of the building, and that the sign cannot be suspended between posts or columns supporting the roof without obstructing safe passage for pedestrians.
(9) Projecting signs. Projecting signs shall not project more than thirty-six (36) inches from the wall of a building nor more than twelve (12) inches into any public right-of-way. The projection is measured on a line perpendicular to the wall. All projecting signs which project over a walkway or public right-of-way shall have a clearance of nine (9) feet above grade.
(10) Signs suspended from a marquee. All signs suspended from a single marquee shall be uniform in size, shape, placement and background color. Such signs shall have a clearance of at least eight (8) feet above grade.
(11) Signs for theaters. The traditional methods of theater advertising require a unique type of sign program so the size, location, and number of signs, including attraction boards for a theater, are subject only to the limitations and provisions in the conditional use permit for the theater. Whenever a theater is operated lawfully but has no conditional use permit the signs of that theater which have been erected on or before the effective date of this chapter are nonconforming signs and a conditional use permit authorizing the signs must be obtained or the signs must be abated in the manner provided in section

29.10.140.
(Ord. No. 1316, §§ 3.35.010—3.35.065, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1460, 3-3- 80)
Sec. 29.10.130. Signs which may be erected in all zones.

A sign permit is required for the signs described in this section. The number and area of such signs are regulated only by this section and they are allowed in addition to signs of other classes. (1) Directional signs (vehicular). Nonilluminated vehicular directional signs showing the direction to or location of the civic center, hospitals, public parking lots, and any publicly owned facility. A sign showing the direction to a private facility that serves the general public (other than a church) may also be permitted upon findings by the Planning Director that there is a public interest in making the facility easy to find; that the public would have great difficulty finding the facility without a sign; and that the sign would not have a detrimental effect on the neighborhood. Signs erected under this section may be

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

erected in the public right-of-way by express permission, but shall in all cases meet the following requirements:
a. The sign must be located on an arterial street.
b. The sign shall not exceed six (6) square feet in area, nor a height of ten (10) feet. c. The sign shall be erected at least one hundred (100) feet from any other directional sign. (2) Directional signs (pedestrian). For each customer entrance, one (1) nonilluminated pedestrian directional sign which does not exceed one (1) square foot in area. (3) Bulletin boards. Bulletin boards not exceeding eighteen (18) square feet in area, nor height of six (6) feet, when located on the premises of, and used solely in connection with activities of a church, school or public building.
(4) Community bulletin boards and kiosks. Community-oriented bulletin boards and kiosks, including service club directories, may be located on public property after review and approval as provided by sections 29.20.745 and 29.20.755.
(Ord. No. 1316, §§ 3.37.010—3.37.025, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1519, 10- 26-81)
Sec. 29.10.135. Zone regulations.
(a) Scope. This section specifies the signs which may be erected in each zone, other than signs which by the express provisions of this chapter may be erected in all zones. Except where this section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones.
(b) Residential zones. In residential zones (defined by section 29.40.010) the following signs may be erected:

Land Use Class of Sign Number
of Signs
Total
Area

1. Multiple Family Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.

2. Authorized Nonresidential Uses
(including recreational activities,
schools, churches, public utilities,
lawful nonconforming uses, etc.)
ground signs one per zoning
plotparcel
24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.

3. Neighborhood Identification Signs
(only for neighborhoods with an
area of 3 acres or more)
ground signs number and
location subject to
determination by
the deciding body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by section 29.50.010) are specified in this section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

for each zoning plotparcel. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five (25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the zoning plotparcel is contiguous to a residential zone and if the wall faces that zone.
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1) square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the primary business frontage.
(2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage. (3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the zoning plotparcel.
(4) The total area of all signs on a zoning plotparcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.
(5) The total area of all signs on a zoning plotparcel is limited to the area derived from the business frontage calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the zoning plotparcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the zoning plotparcel.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area. (9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a zoning plotparcel.

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(d) Planned development overlay zone. The signs shown on the official development plan referred to in division 2 of article VIII of this chapter may be erected in the PD zone. (Ord. No. 1316, §§ 3.38.010—3.38.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1363, 8-1- 77; Ord. No. 1375, 11-21-77; Ord. No. 1446, 11-19-79)
Sec. 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs. (b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
(1) Changes in sign copy.
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:
(1) A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign. (2) A statement that the sign is a nonconforming sign.
(3) The applicable date for removal of the sign under the provisions of subsection (f).

Information concerning more than one (1) sign, and information concerning separate amortization dates for different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection (e) and is effective to start the time period provided in subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding to enforce this chapter to abate any sign, or to punish any sign violation. (f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two (2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five (5) years.
(3) Signs where total area of all signs on a building or zoning plotparcel exceed permitted area: five (5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs. (h) Extension of nonconforming sign status. During the deliberations on the provisions of this chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them.

ITEM NO. 19.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

(j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures. (k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense.
(Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78)

ITEM NO. 19.

Draft Ordinance Date Adopted
ATTACHMENT 3

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” ARTICLE I, “IN GENERAL,” DIVISION 3, “SIGNS,” OF THE TOWN CODE REGARDING SIGN REGULATIONS WHEREAS, the Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140 of the Town Code and was most recently amended in 1994; and WHEREAS, since then, court decisions on the topic of the First Amendment and freedom of speech have been issued, including Reed v. Gilbert, 576 U.S. 155 (2015) in which the court overturned a local ordinance that imposed content-based sign regulations; and WHEREAS, the Town’s Sign Ordinance currently includes content-based regulations for several types of temporary signs; and
WHEREAS, the Town Council wishes to amend the Town Code to comply with State Law and make as minimal edits as possible; and
WHEREAS, the Planning Commission at its meeting on February 28, 2024, reviewed the proposed amendments to the Town Code regarding sign regulations and forwarded recommendations to the Town Council to revise the Ordinance which are incorporated below; and
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

The following sections of the Town Code are amended to read as follows:

SECTION I. Section 29.10.100, “Definitions,” of the Town Code is amended to read as follows:

Section 29.10.100. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state law.

Arcade means a covered passageway with business establishments along at least one (1) side.

ITEM NO. 19.

Draft Ordinance Date Adopted
Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs.

Attraction board is a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.

Awning is synonymous with marquee.

Billboard means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are signs erected upon benches.

Bulletin board is a sign located on the same premises as a church, school, hospital, or public building, and allowing changeable messages.

Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking lot located on the same parcel as the business frontage.

Canopy is synonymous with marquee.

Conformance means the state of being in conformity with the provisions of this division, either because of reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.

Construction sign is a sign located on a construction site during the course of construction, which identifies the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended.

Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency, such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.

Entity means any person and any distinct business enterprise even where adjacent business enterprises are owned or operated by a single person.

Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.

Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted either to display an advertising message or to attract attention to the sign.

The face of a sign is often the front, but may be any surface including a rear or blank portion. A

ITEM NO. 19.

Draft Ordinance Date Adopted
sign may have more than one (1) face and may be virtually all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two (2) faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the particular aspect in question is readily viewable from public property or any premises other than those where the sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are present.

Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single perimeter, including the spaces between them.

Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an integral part of a building.

Ground sign is a freestanding sign less than seven (7) feet high.

Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground surface where the sign is erected, not taking into account mounding or other alterations to the surface made in regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.

Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the lot line in respect to which the business for which the sign is provided has its primary business frontage.

Marquee means a temporary or permanent structure attached to or supported by a building, designed for shelter over a pedestrian or vehicular way and which may or may not project over public property.

Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood, which serves only to identify the neighborhood.

Nonconforming sign is one which was lawfully erected but which does not comply with this division because of:
(1) Annexation of territory to the Town;
(2) Amendment to the zoning ordinance;
(3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner of the real property where the sign is located.

ITEM NO. 19.

Draft Ordinance Date Adopted
However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located; (2) Alterations to any building on the lot or parcel where the sign is located; or (3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs.

Off-premises sign is any sign not located on the same parcel as the entity it advertises.

Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer entrance to a business.

Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure, or sign. "A"-frame and sandwich signs are portable signs.

Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.

Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.

Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors, created, adapted, or installed, by a person for the primary and apparent purpose of communicating a message, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building create a primary effect of advertising. Exceptions:
(1) Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in the unusual manner might constitute a sign.
(2) A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services. (3) Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.

ITEM NO. 19.

Draft Ordinance Date Adopted
Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall.

For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the perimeter composed of not more than eight (8) straight lines.

Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person authorized by this division to erect a sign.

Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light materials, intended to be displayed for fewer than 90 days or a short period of time as set forth elsewhere in this Division. Examples of temporary signs are yard signs, for sale signs, for rent signs, flags, balloons, and banners.

Time and temperature sign is a sign which shows time and/or temperature and which contains no advertising.

Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.

Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.

Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event, below the top of the structure. A sign which meets the definition of this section but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a wall sign.

Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.

Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed directly in or upon the ground on private property.

SECTION II. Section 29.10.105, “Generally,” of the Town Code is amended to read as follows:

Section 29.10.105. Generally.
(a) Application. The regulations in this Division apply to all signs in all zones. Regulations of the number and area of signs refer to the signs allowed on a parcel, except where the regulations prescribe the number and area of signs allowed on a business frontage.

ITEM NO. 19.

Draft Ordinance Date Adopted
(b) Intent. The intent of this Division is as follows:
(1) The Town is a predominantly residential community of natural beauty, distinctive architecture and historic character. The economic stability of the Town is dependent upon its high quality and Town-oriented, commercial and residential environment.

Unregulated and uncontrolled erection and maintenance of advertising structures tends to create a garish and gaudy atmosphere which is not in harmony with the character and environment of the business or residential community. (2) The purpose of a sign is to inform the general public that a business enterprise and function exists in the Town.
(3) This Chapter recognizes the right of the public to be directed, warned, advised, and informed; and also recognizes the economic need for a sign to function as a means of identification, expression of business character, and positive notification of product and service availability for consumption.
(4) This Chapter regulates the location, height, width, shape, proportion, design, illumination and construction (except as provided by building codes) of signs for the purpose of insuring that they are architecturally compatible with the planned image of the Town.
(5) The purpose of this Chapter is to assist in the continuation of existing and introduction of new commercial activities in architectural harmony with the existing and planned Town, to take advantage of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real property. To accomplish this:
a. Local public values must be balanced with general public rights and economic functions related to signs.
b. The size of a sign must be prevented from overpowering its surroundings or becoming a determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting. d. A sign must be prevented from overpowering its surroundings through hue, saturation, and brilliance or close combination of incompatible colors. e. Normal maintenance and speedy repair is required for all signs. (c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110. A building permit may be required by another ordinance. (d) Variances. The provisions of this Chapter concerning variances are not available to modify the terms of this division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign.

ITEM NO. 19.

Draft Ordinance Date Adopted
(f) Noncommercial Signs. Notwithstanding any provision of this Section, signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

SECTION III. Section 29.10.110, “Exceptions,” of the Town Code is amended to read as follows:

Section 29.10.110. Exceptions.

A sign permit is not required for the signs described in this Section. The number and area of these signs are regulated only by this Section and they are allowed in addition to signs of other classes.
(1) House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad crossing signs, authorized traffic or parking signs and rural delivery boxes.
(2) Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat against the wall of a building, which only show the name or address of a person or persons or entity occupying the area, up to a limit of six (6) plates per building.
(3) Building directories. Building directories for buildings with more than six (6) tenants, the sign having an area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name or address of the persons or entitles occupying the building.
(4) Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of erection, provided the sign does not exceed four (4) square feet in area.
(5) Temporary Sign.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for any fence or building where the sign is located, provided the sign does not exceed twelve (12) square feet in area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a residential zone. This exception is only available when all or part of the premises is actually available for sale or lease. b. At Intersection or on Parcel. Nonilluminated, off-site, portable signs are permitted, unlimited in total number, but limited to one (1) double-faced sign per corner of an intersection or parcel. The signs shall not exceed an area of one (1) square foot per face and shall not be more than four (4) feet high Prior permission shall be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs shall be removed each day. Such signs are an exception to the rule prohibiting off-premises signs and signs on public property. (6) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside and signs not visible from off the premises.

ITEM NO. 19.

Draft Ordinance Date Adopted
(7) Convenience signs. Convenience signs not exceeding two (2) square feet in area providing directions only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be illuminated.
(8) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in area.
(9) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10) Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the business(es) controlling the parking lot. (11) Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations. (12) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of one hundred (100) total square feet of floor area. (13) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a public agency.
(14) Special event signs. Any sign permitted by a special event permit issued under Article X of Chapter 14 of this Code.
(15) Temporary signs. With the exception of yard signs, any number of temporary signs, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard signs, but no yard sign shall exceed six square feet in size. All persons who erect temporary signs, including yard signs, or who own or control the premises where temporary signs are erected, are jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in this Division. Temporary signs relating to an event, such as an election, shall be removed within fifteen days after the event.

SECTION IV. Section 29.10.115, “Prohibited signs,” of the Town Code is amended to read as follows:

Section 29.10.115. Prohibited signs.

Except as otherwise provided in this Chapter, the signs described in this Section are prohibited.
(1) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move. (2) Moving signs. Signs that rotate or move in any fashion, except barber poles.

ITEM NO. 19.

Draft Ordinance Date Adopted
(3) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of surrounding property or are a traffic hazard. (4) Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct the view from any living area in the building to which the sign is attached.
(5) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape. (6) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or device.
(7) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(8) Posters. Placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in a public thoroughfare, except those of an official nature as provided in Section 29.10.110(11). (9) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or trailers are parked in such a location or manner that it is clear the intention is to advertise the services of a business.
(10) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(11) Off-premises signs. Off-premises signs, except those authorized by sections

29.10.110(5), (15), 29.10.120(2), (4), and 29.10.130(1). (12) Indecent signs. Signs containing matter which is obscene under State law. (13) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a projector or other device.
(14) Billboards. Any billboard sign.
(15) Temporary signs in Portions of the Public Right of Way. Temporary signs in the median of the public right of way or the portion of the right of way between the road and the sidewalk.
(16) Unauthorized signs. Any sign not specifically authorized in Sections 29.10.110,

29.10.120 and 29.10.130.

SECTION V. Section 29.10.120, “Temporary signs,” of the Town Code is amended to read as follows:

Section 29.10.120. Temporary Signs Requiring Permits.

Every sign described in this Section, regardless of the manner of its construction, is a temporary sign. The number and area of such signs are regulated only by this Section and are in addition to the allowed number and area for other classes of signs.

ITEM NO. 19.

Draft Ordinance Date Adopted
(1) On Premises Sign Erected by Business. Temporary signs erected on premises of a business are permitted for up to forty-five (45) calendar days. The total area of temporary signs may be equal to or less than the total sign area permitted for the business by Section 29.10.135. The permit shall state the maximum sign area allowed and the date the sign is to be removed as set by the erector or this Chapter, whichever is more restrictive.
(2) On Premises of Subdivision. Nonilluminated, on-site signs on property which has received subdivision or development approval from the Town, from that approval until issuance of a building permit for the last lot to be sold or completion of the development project, are permitted, limited to one (1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line. Up to four additional signs are permitted in residential subdivisions. Additional signs shall have an area not exceeding three (3) square feet, nor a height of more than four (4) feet. One off-premises signs erected by subdividers which are not located on a major arterial street as defined by the Town general plan is permitted. The sign shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such signs may be erected for up to 90 days. Off-premises signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs.
(3) Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One (1) single-faced sign on property for sale or lease of a commercial, office, or industrial development to be built in the future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street right-of-way line.

The sign shall not be erected for over 90 days.
(4) Sign Erected by Special Event Sponsor.
a. Subject to the conditions of this Section, a permit may be issued to the sponsor of a civic, political, charitable, cultural, recreational, educational or religious event as follows:
(i) An event in town sponsored by a non-profit organization; or (ii) An event sponsored by a non-profit organization with its principal business address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.

ITEM NO. 19.

Draft Ordinance Date Adopted
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event. (ii) The sign shall be no larger than permitted under section 29.10.135. (iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town. Within this limit of three (3) signs, the following restrictions apply:

A. Except as provided under subsection (B) below, no more than one sign per event shall be permitted in the Downtown Area.

B. No more than one sign shall be permitted at the event site. Should the event have a number of locations or not have a fixed location, the event site sign shall be placed within five hundred (500) feet of the beginning or end of the event. Should the event site be located within the Downtown Area, the sign at the event site shall not count against the limitation imposed by subsection (A) above. (iv) Event signs shall be secured at all four (4) corners to avoid flapping. (v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five hundred (500) feet of any intersection in Town. (ii) The square footage of an event sign shall not exceed the calculation of total sign area permitted under Section 29.10.135.

ITEM NO. 19.

Draft Ordinance Date Adopted
(iii) No more than one sign is permitted on any one property at one time. f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
(ii) A non-profit association as defined in Corporations Code Section 21000; or (iii) A non-profit corporation existing under the laws of another state governing non-profit corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone. (5) Signs on construction sites. On parcels of under one acre, one (1) nonilluminated sign of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.

SECTION VI. Section 29.10.135, “Zone regulations,” of the Town Code is amended to read as follows:

ITEM NO. 19.

Draft Ordinance Date Adopted
Section 29.10.135. Zone regulations.
(a) Scope. This Section specifies the signs which may be erected in each zone, other than signs which by the express provisions of this Chapter may be erected in all zones. Except where this Section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones. (b) Residential zones. In residential zones (defined by Section 29.40.010) the following signs may be erected:

Land Use Class of Sign Number
of Signs
Total
Area

1. Multiple Family
Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.

2. Authorized Nonresidential
Uses (including recreational
activities, schools, churches,
public utilities, lawful
nonconforming uses, etc.)
ground signs one per parcel 24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.

3. Neighborhood Identification
Signs (only for
neighborhoods with an area
of 3 acres or more)
ground signs number and
location subject
to
determination
by the deciding
body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by Section 29.50.010) are specified in this Section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs for each parcel. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five (25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the parcel is contiguous to a residential zone and if the wall faces that zone.

ITEM NO. 19.

Draft Ordinance Date Adopted
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1) square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the primary business frontage. (2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage. (3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the parcel.
(4) The total area of all signs on a parcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.
(5) The total area of all signs on a parcel is limited to the area derived from the business frontage calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the parcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the parcel.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area.
(9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a parcel.

ITEM NO. 19.

Draft Ordinance Date Adopted
(d) Planned development overlay zone. The signs shown on the official development plan referred to in Division 2 of Article VIII of this Chapter may be erected in the PD zone.

SECTION VII. Section 29.10.140, “Nonconforming signs,” of the Town Code is amended to read as follow
Section 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.
(b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
(1) Changes in sign copy.

ITEM NO. 19.

Draft Ordinance Date Adopted
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.

No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:
(1) A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign. (2) A statement that the sign is a nonconforming sign.
(3) The applicable date for removal of the sign under the provisions of subsection (f).

Information concerning more than one (1) sign, and information concerning separate amortization dates for different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection (e) and is effective to start the time period provided in subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is intended as a convenience to sign owners.

However, no failure to give notice shall invalidate any proceeding to enforce this chapter to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two (2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five (5) years.
(3) Signs where total area of all signs on a building or parcel exceed permitted area: five (5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add the sign to the list of nonconforming signs and mail

ITEM NO. 19.

Draft Ordinance Date Adopted
notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs. (h) Extension of nonconforming sign status. During the deliberations on the provisions of this Chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this Division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of Sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them. (j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures.
(k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense. (Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78) SECTION VIII. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION IX. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION X. Publication.

ITEM NO. 19.

Draft Ordinance Date Adopted
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION XI. 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 Town Council of the Town of Los Gatos at its regular meeting 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: __________________

ITEM NO. 19.

PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Department Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 5/07/2024
DATE: May 2, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions.” The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act, and in Accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 Ordinances are Not a Project Subject to the California Environmental Quality Act. Town Code Amendment Application A24-003. Project Location: Town Wide.

Applicant: Town of Los Gatos.

RECOMMENDATION:

Introduce an Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding SB 9 for Modified Design Review Standards and Other Clarifying Revisions” (Attachment 1).

BACKGROUND:

In September 2021, Governor Newsom signed new State law, SB 9, which went into effect on January 1, 2022. SB 9 requires ministerial approval of certain housing development projects and lot splits on a single-family zoned parcel, with the intent to increase residential densities within single-family neighborhoods across the State.

ITEM NO. 20.

PAGE 2 of 5
SUBJECT: SB 9 Ordinance Amendments/ A-24-003
DATE: May 2, 2024
BACKGROUND (continued):

The law allows for two types of development activities that must be reviewed ministerially without any discretionary action or public input:
 Two-unit housing development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit on a parcel with an existing single-family residence).
 Urban lot split – A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (two units on each new parcel).

On December 21, 2021, Town Council adopted an Urgency Ordinance to implement local objective standards for SB 9 applications. On November 15, 2022, Town Council approved Ordinance 2334, which established the permanent SB 9 Ordinance within Chapter 29 (Zoning Regulations) of the Town Code (Attachment 3, Exhibit 2). No modifications have occurred since the adoption of the permanent Ordinance at the end of 2022.

At the February 13, 2024, Strategic Priorities meeting, Town Council provided guidance to Town staff on workload prioritization for the next two years. A local architect presented at this meeting, requesting that the SB 9 Ordinance be amended to allow flexibility with the secondstory step-back rule (Attachment 3, Exhibit 3). Specifically, the recommendation was to allow the five-foot step-back to be measured from a covered porch projection on the first floor, and not just the wall of the first floor below. Town Council voted to include this request within the Strategic Priorities and listed the change as the first priority for ordinance amendments.

On April 10, 2024, the Planning Commission held a public hearing to consider the materials provided in the staff report (Attachment 3), and Desk Item (Attachment 4); received and considered public testimony on the Draft Ordinance (Attachment 3, Exhibit 4); reviewed the proposed changes; and recommended approval to Town Council with the recommendation to include a list of prohibited exterior building materials and screening requirements for groundmounted mechanical equipment. The recommendations from the Planning Commission are reflected in the verbatim minutes (Attachment 5) and summarized below.

DISCUSSION:

The Draft Ordinance presented to the Planning Commission (Attachment 3, Exhibit 4) included amendments to Town Code, incorporating the requested second-story step-back rule as well as other clean-up amendments that staff has identified since Ordinance 2334 was adopted. On April 10, 2024, the Planning Commission conducted a public hearing, received public comment, and reviewed and discussed each of the proposed edits in Exhibit 4 of Attachment 3. Planning Commission recommended approval of each of the proposed amendments, and identified two

ITEM NO. 20.

PAGE 3 of 5
SUBJECT: SB 9 Ordinance Amendments/ A-24-003
DATE: May 2, 2024
DISCUSSION (continued):
other formatting edits: first, to italicize the header of Section 29.10.630(1)(g); and second, to add a header to Section 29.10.630(1)(r).

In addition, a Planning Commissioner requested consideration of additional objective design standards similar to those of the City of San Mateo Interim Objective Building and Design Standards provided in the Desk Item (Attachment 4). The Planning Commission went through each of San Mateo’s standards, and voted to recommend inclusion of exterior material prohibitions and ground-mounted mechanical equipment screening (Attachment 5), detailed below.

A. Exterior Material Prohibitions:

San Mateo’s SB 9 standards prohibit the following materials on building exteriors: exterior foam molding, corrugated metal, vinyl siding, plywood, exterior insulation finishing system (EIFS), and any material with a light reflection value of less than 45 (Attachment 4). The Planning Commission voted to include exterior foam molding, vinyl siding, plywood, and EIFS as prohibited materials in their recommendation. The corrugated metal was noted to be acceptable as it has been used in ways that look nice for residential buildings, and the Town already has a light reflectivity limit for SB 9 properties in the hillsides, consistent with the Town’s Hillside Development Guidelines and Standards. This draft recommended modification for exterior material prohibitions was added as Town Code Section

29.10.630(2)(i) – Design Review Standards (Attachments 1 and 2).

B. Mechanical Equipment Screening:

San Mateo’s SB 9 standards require that, “ground-mounted utilities, mechanical equipment, generators, and air conditioning (AC) units that directly serve the development shall be screened from view from adjacent properties and the public right-of-way by either an enclosure designed as part of the building and/or fencing” (Attachment 4). Planning Commission recommended inclusion of similar screening requirements (Attachment 5).

Staff recommends modifying the language slightly to remain objective and uniformly enforceable. First, staff recommends removing mention of utilities as a property owner may not have the ability to modify a utility company’s requirements. Second, staff recommends requiring screening from “streets” instead of “adjacent properties and public right-of-way,” since it is challenging to verify and enforce screening from neighboring homes; and the Town defines “street” as, “any thoroughfare for the motor vehicle travel which affords the principal means of access to abutting property, including public and private rights-of-way and easements.”

ITEM NO. 20.

PAGE 4 of 5
SUBJECT: SB 9 Ordinance Amendments/ A-24-003
DATE: May 2, 2024
DISCUSSION (continued):

Staff’s recommended language is as follows: “Heating, ventilation, and air conditioning (HVAC) units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence.” This draft modification for mechanical equipment screening was added as Town Code Section 29.10.630(2)(j) – Design Review Standards (Attachments 1 and 2).

Staff has incorporated the additional recommended objective design standards into the Draft Ordinance included as Attachment 1. Attachment 2 includes a track-changes version (with removed text shown in strike-through and new text shown underlined) of the current SB 9 regulations in Ordinance 2334.

PUBLIC OUTREACH:

Staff conducted outreach through the following media and social media resources:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account; and
 The Town’s NextDoor page.

Public comment received at time of the publication of this report is included as Attachment 6.

ENVIRONMENTAL ASSESSMENT:

In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA. Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA.

ITEM NO. 20.

PAGE 5 of 5
SUBJECT: SB 9 Ordinance Amendments/ A-24-003
DATE: May 2, 2024
CONCLUSION:

Staff recommends that the Town Council introduce the draft Ordinance by taking the following steps:

1. Make the finding that the environmental impacts of the proposed amendments to the Town Code are not considered a project under CEQA Section 15378, and in accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA (Attachment 1, Section X);

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Attachment 1, Section XI); and

3. Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only, amending Chapter 29, “Zoning Regulations,” of the Town Code regarding Senate Bill 9 (SB 9) for modified design review standards and other clarifying revisions (Attachment 1).

ALTERNATIVES:

Alternatively, the Town Council may:

1. Introduce the Draft Ordinance with modifications; or

2. Continue this item to a date certain with specific direction to staff; or

3. Refer this item back to the Planning Commission with specific direction; or

4. Take no action, leaving the Town Code unchanged.

Attachments:

1. Draft Ordinance for Adoption

2. Draft Ordinance Redline

3. April 10, 2024 Planning Commission Staff Report (with Exhibits 1-4)

4. April 10, 2024 Planning Commission Desk Item

5. April 10, 2024 Planning Commission Verbatim Minutes

6. Public Comment Received Prior to 11:00 a.m., Thursday, May 2, 2024

ITEM NO. 20.

This Page
Intentionally
Left Blank

ITEM NO. 20.
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Ordinance May 7, 2024

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE
TOWN CODE REGARDING SENATE BILL (SB) 9

FOR MODIFIED DESIGN REVIEW STANDARDS AND OTHER CLARIFYING REVISIONS TOWN CODE AMENDMENT APPLICATION A-24-003
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
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 (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 also authorizes local agencies to adopt an ordinance allowing for up to a 24- month additional map extension, for the use of an approved or conditionally approved Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1

ITEM NO. 20.
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Ordinance May 7, 2024
Tentative Parcel Map; and
WHEREAS, SB 9 exempts SB 9 projects from environmental review as required by the California Environmental Quality Act (CEQA), by establishing a ministerial review process without discretionary review or a public hearing; and WHEREAS, SB 9 allows the Town to adopt objective zoning and subdivision standards for two-unit housing developments and urban lot splits; and WHEREAS, the Town desires to amend its local regulatory scheme to comply with and implement Government Code Sections 65852.21 and 66411.7 and to appropriately regulate projects under SB 9; and
WHEREAS, on November 15, 2022, Town Council adopted Ordinance 2334 to regulate SB 9 projects within the Town; and
WHEREAS, at the February 13, 2024, Strategic Priorities meeting, Town Council voted to include a request for a modification to the second-story step-back requirement for SB 9 units (Section 29.10.630.(2)(e) of Ordinance 2334) within the Town’s upcoming Strategic Priorities for ordinance amendments; and
WHEREAS, the Planning Commission at its meeting on April 10, 2024, reviewed the proposed amendments to the Town Code regarding SB 9 second-story step-back requirements and other clarifying revisions as recommended by staff, held a public hearing, and forwarded a recommendation of approval to the Town Council with recommended modifications related to prohibited exterior materials and screening requirements for ground-mounted mechanical equipment; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on May 7, 2024; and WHEREAS, on May 7, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed amendments to the Town Code regarding SB 9, held a public hearing, and voted to introduce the Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Section 29.10.600, “Purpose and Applicability,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Town Council finds and determines that this Division is applicable only to voluntary

ITEM NO. 20.
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Ordinance May 7, 2024
applications for two-unit housing developments and urban lot splits consistent with Senate Bill (SB) 9. 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 29.10.610 (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 II. Section 29.10.610, “Definitions,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this Division. Where a conflict may exist, the definitions in this Division shall apply.

Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest.

Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant.

Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.

Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

Common ownership or control means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

Entry feature means a structural element, which leads to an entry door.

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Ordinance May 7, 2024
Existing structure means a lawfully constructed building that has received final building permit clearance.

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 nonconforming 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 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 III. Section 29.10.620, “Eligibility,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

ITEM NO. 20.
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An urban lot split or a two-unit housing development may only be created on parcels satisfying all of the following general requirements:
(1) Zoning District. A parcel that is located within a single-family residential zone. (2) 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 parcels with either a recorded parcel map or certificate of compliance. When both an urban lot split and two-unit housing development application are submitted simultaneously, no construction or building permits for new construction or grading activities may be issued until the new parcel map for the urban lot split approval has been recorded.
(3) Excluding Historic Property. A parcel that is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel that does not contain a Historic Structure, as defined in 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."
(4) 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 state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; and (iii) Section 7A of the California Building Code (Title 24 of the California Code of Regulations).
(5) 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.
(6) 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

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(commencing with Section 18901) of Health and Safety Code Division 13), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(7) 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. (8) 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). (9) 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). (10) Excluding Conservation Easements. A parcel subject to a recorded conservation easement.

SECTION IV. Section 29.10.630, “Requirements,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions:
(1) 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 subsection (4), "Exceptions:"
a. Building Height. Maximum building height shall be as specified by the applicable zoning district for the main structure. Buildings located within the

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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; b. New Driveways. Each parcel shall include no more than a single driveway unless the parcel has more than 100 feet of contiguous street frontage or more than one existing driveway. Any new driveway shall satisfy the following requirements:

1. 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;

2. A minimum depth of 18 feet measured from the front or street side property line;

3. Surfacing shall comply with Town Code Section 29.10.155(e);

4. 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

5. A maximum slope of 15 percent.
c. 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-byside or front-to-back configuration within the same structure or one dwelling unit located atop another dwelling unit within the same structure; d. Fencing. All new fencing shall comply with the requirements of Sections

29.40.030 through 29.40.0325 of the Zoning Code;
e. Floor Area Ratio and Lot Coverage.

1. The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.

2. 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:
i. 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 ii. 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. The maximum size of the first new residential unit shall not exceed 1,200 square feet.

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4. When a two-unit housing development is proposed and the existing structures are at or below the maximum allowed floor area, 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.

5. Notwithstanding the floor area ratio and lot coverage standards in this subsection, a new two-unit housing development with unit sizes of 800 square feet or less shall be permitted.
f. Grading.

1. 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 2. below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application;

2. Grading activity associated with a two-unit housing development shall not exceed 50 cubic yards, cut plus fill, except:
i. Light wells that do not exceed the minimum required per Building Code shall not count as grading activity for the purpose of this section;
ii. 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
iii. Excavation within the footprint of a primary dwelling unit or garage shall not count as grading activity for the purpose of this section. g. 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

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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.
h. Building Sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located on lands with slopes exceeding 30 percent. This provision applies only to the building site, not the property as a whole; i. 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 when adjacent to the street;
j. 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;
k. Landscaping Requirement. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO);
l. 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;
m. 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;
n. 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;
o. Parking.

1. One parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one or more car-share vehicles within one block of the parcel.

2. 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.

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p. Setbacks. Two-unit housing developments and attached garages shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below. Detached garages and detached accessory structures shall meet the setback requirements specified in Town Code Section

29.40.015 (Accessory Buildings).

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(3)(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) For parcels created through an urban lot split where the parcels are under the same ownership, 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. Similarly, no rear setback (for the front property) or front setback (for the rear property) shall be required for two-unit housing development units constructed as attached units in a flag-lot configuration where the parcels are under the same ownership.
(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.
q. 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 r. Utilities. New units shall be designed as individual units, with separate gas, electric, and water utility connections directly between each dwelling unit and the utility.
(2) 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 (4) below, "Exceptions:"

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a. 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;
b. Finished Floor. The finished floor of the first story shall not exceed three feet in height as measured from finished grade;
c. 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; d. 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; e. Step-back. The interior side and rear elevations of the second story of a twostory primary dwelling unit shall be recessed by five feet from the first story, as measured wall to wall. In the case of a covered porch on the first floor below, the step-back is measured from the structural post of the covered porch to the wall above;
f. Garages. Street-facing attached garages shall not exceed 50 percent of the linear width of the front-yard or street-side yard elevation; g. 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 h. 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.
i. Prohibited Materials. The following exterior materials are prohibited on all building exteriors:

1. Exterior foam molding;

2. Vinyl siding;

3. Plywood; and

4. Exterior Insulation Finishing System (EIFS).
j. Mechanical Equipment. Heating, ventilation, and air conditioning (HVAC) units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence. (3) 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 (4) below, "Exceptions:"

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a. 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. b. 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.
c. 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.
d. Encroachment Permits. Separate encroachment permits, issued by the Parks and Public Works Department, shall be required for the installation of utilities to serve two-unit housing developments. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work.
e. 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:

1. 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;

2. 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

3. 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).

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f. 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:

1. A limitation restricting the property to residential uses only; and

2. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.
(4) Exceptions. If any of the provided zoning standards or design review standards would have the effect of physically precluding construction of up to two (2) primary dwelling units or physically preclude either of the two (2) primary dwelling units from being at least eight hundred (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. a. Determination. In order to retain adequate open space to allow for recreational enjoyment, protection of the urban forest, preservation of the community character, reduction of the ambient air temperature, and to allow for the percolation of rainfall into the groundwater system, when considering an exception request, the Community Development Director shall first determine that a reduction in any other zoning and/or design review standard(s) will not allow the construction of the two-unit housing development as specified by this section prior to allowing an exception(s) to the landscaping requirement, front-yard setback, or street-side setbacks standards.

SECTION V. Section 29.10.640, “Application Process for Two-Unit Housing Development,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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

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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 properties directly across the street). (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 VI. Section 29.10.650, “Subdivision Standards,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Urban lot splits shall comply with the following objective subdivision standards, and general requirements and restrictions:
(1) 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:
a. 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;
b. Minimum Lot Size. Each new parcel shall be approximately equal in lot area provided that one (1) parcel shall not be smaller than forty (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 (1) of the proposed lots is a flag/corridor lot, the area of the access corridor shall count toward the lot area as follows:

1. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and

2. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot.

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c. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of twenty (20) feet;
d. Minimum Public Frontage. Each new parcel shall have frontage upon a street with a minimum frontage dimension of twenty (20) feet, except as allowed above for flag/corridor lots;
e. Number of Lots. The parcel map to subdivide an existing parcel shall result in no more than two (2) parcels; and
f. Lot Merger. Lots resulting from an urban lot split shall not be merged unless that lot merger can be done without loss of housing units and without causing a non-conforming building, lot, or use.
(2) General Requirements and Restrictions. The following requirements and restrictions apply to all proposed urban lot splits:
a. 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; b. 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;
c. 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;
d. Intent to Occupy. The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one (1) of the housing units on the newly created parcels as their principal residence for a minimum of three (3) years from either:

1. The date of the approval of the urban lot split when the intent is to live in an existing residence; or

2. 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

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"qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code;
e. 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 setbacks as specified by Table 1-2 (Setback Requirements, Exception Number 2), maximum allowed lot coverage, and maximum allowed floor area ratio; f. Number of Units. No more than two (2) 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;
g. 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;
h. Restrictions on Demolition. The proposed urban lot split shall not require either the demolition of more than twenty-five (25) percent of the exterior walls or alteration of any of the following types of housing:

1. 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;

2. 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

3. Housing that has been occupied by a tenant in the last three (3) 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 (3) 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;

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i. 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);
j. 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:

1. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section;

2. A limitation restricting the properties to residential uses only; and

3. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.
k. 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; l. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map; and
m. 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 VII. Section 29.10.660, “Application Process for Urban Lot Splits,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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

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of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street). (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, the Town’s Accessory Dwelling Unit 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 VIII. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION IX. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378). Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 Ordinances are not a project subject to the California Environmental Quality Act.

SECTION X. Consistency with General Plan.

The amendments to the Town Code are consistent with the General Plan as SB 9 is a state law; and

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SECTION XI. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION XII. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of May 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of _____ 2024, 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: __________________

ITEM NO. 20.

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE
TOWN CODE REGARDING SENATE BILL (SB) 9

FOR MODIFIED DESIGN REVIEW STANDARDS AND OTHER CLARIFYING REVISIONS TOWN CODE AMENDMENT APPLICATION A-24-003
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
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 (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 also authorizes local agencies to adopt an ordinance allowing for up to a 24- month additional map extension, for the use of an approved or conditionally approved Tentative Parcel Map; and
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 2

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WHEREAS, SB 9 exempts SB 9 projects from environmental review as required by the California Environmental Quality Act (CEQA), by establishing a ministerial review process without discretionary review or a public hearing; and WHEREAS, SB 9 allows the Town to adopt objective zoning and subdivision standards for two-unit housing developments and urban lot splits; and WHEREAS, the Town desires to amend its local regulatory scheme to comply with and implement Government Code Sections 65852.21 and 66411.7 and to appropriately regulate projects under SB 9; and WHEREAS, on November 15, 2022, Town Council adopted Ordinance 2334 to regulate SB 9 projects within the Town; and
WHEREAS, at the February 13, 2024, Strategic Priorities meeting, Town Council voted to include a request for a modification to the second-story step-back requirement for SB 9 units (Section 29.10.630.(2)(e) of Ordinance 2334) within the Town’s upcoming Strategic Priorities for ordinance amendments; and
WHEREAS, the Planning Commission at its meeting on April 10, 2024, reviewed the proposed amendments to the Town Code regarding SB 9 second-story step-back requirements and other clarifying revisions as recommended by staff, held a public hearing, and forwarded a recommendation of approval to the Town Council with recommended modifications related to prohibited exterior materials and screening requirements for ground-mounted mechanical equipment; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on May 7, 2024; and WHEREAS, on May 7, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed amendments to the Town Code regarding SB 9, held a public hearing, and voted to introduce the Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

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SECTION I. Section 29.10.600, “Purpose and Applicability,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Town Council finds and determines that this Division is applicable only to voluntary applications for two-unit housing developments and urban lot splits consistent with Senate Bill (SB) 9. 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 29.10.610 (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 II. Section 29.10.610, “Definitions,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this Division. Where a conflict may exist, the definitions in this Division shall apply.

Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest.

Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant.

Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.

Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

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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 has 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 nonconforming 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 condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

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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 III. Section 29.10.620, “Eligibility,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

An urban lot split or a two-unit housing development may only be created on parcels satisfying all of the following general requirements:
(1) Zoning District. A parcel that is located within a single-family residential zone. (2) 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.

When both an urban lot split and two-unit housing development application are submitted simultaneously, no construction or building permits for new construction or grading activities may be issued until the new parcel map for the urban lot split approval has been recorded.
(3) Excluding Historic Property. A parcel that is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel that does not contain a Historic Structure, as defined in 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."
(4) 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 state responsibility area, as defined in Section 4102 of the Public Resources Code.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 that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; and (iii) Section 7A of the California Building Code (Title 24 of the California Code of Regulations). excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that

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have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development. (5) 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.
(6) Excluding Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the two-unit housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Health and Safety Code Division 13), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(7) 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. (8) 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). (9) 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). (10) Excluding Conservation Easements. A parcel subject to a recorded conservation easement.

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SECTION IV. Section 29.10.630, “Requirements,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions:
(1) 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 subsection (4), "Exceptions:"
a. 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; b. New Driveways. Each parcel shall include no more than a single driveway unless the parcel has more than 100 feet of contiguous street frontage or more than one existing driveway. and aAny new driveway shall satisfy the following requirements:

1. 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;

2. A minimum depth of 18 feet measured from the front or street side property line;

3. Surfacing shall comply with Town Code Section 29.10.155(e);

4. 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

5. A maximum slope of 15 percent.
c. 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-byside or front-to-back configuration within the same structure or one dwelling unit located atop another dwelling unit within the same structure; d. Fencing. All new fencing shall comply with the requirements of Sections

29.40.030 through 29.40.0325 of the Zoning Code;

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e. Floor Area Ratio and Lot Coverage.

1. The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.

2. 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:
i. 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 ii. 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. The maximum size of the first new residential unit shall not exceed 1,200 square feet.

4. When a two-unit housing development is proposed and the existing structures are at or below the maximum allowed floor area, 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.

5. Notwithstanding the floor area ratio and lot coverage standards in this subsection, a new two-unit housing development with unit sizes of 800 square feet or less shall be permitted.
f. Grading.

1. 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 2. Below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application;

2. Grading activity associated with a two-unit housing development shall not exceed 50 cubic yards, cut plus fill, except:
i. Light wells that do not exceed the minimum required per Building Code shall not count as grading activity for the purpose of this section;
ii. 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
iii. 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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g. 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.
h. Building Sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located on lands with an average slopeslopes exceeding 30 percent. This provision applies only to the building site, not the property as a whole;
i. 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 when adjacent to the street;
j. 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;
k. Landscaping Requirement. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO);
l. 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;
m. 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;
n. 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;

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o. Parking.

1. One parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one or more car-share vehicles within one block of the parcel.

2. 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. p. Setbacks. Two-unit housing developments and attached garages shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below. Detached garages and detached accessory structures shall meet the setback requirements specified in Town Code Section

29.40.015 (Accessory Buildings).

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(3)(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) For parcels created through an urban lot split where the parcels are under the same ownership, nNo 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. Similarly, no rear setback (for the front property) or front setback (for the rear property) shall be required for two-unit housing development units constructed as attached units in a flag-lot configuration where the parcels are under the same ownership.
(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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q. 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 r. Utilities. New units shall be designed as individual units, with separate gas, electric, and water utility connections directly between each dwelling unit and the utility.
(2) 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 (4) below, "Exceptions:"
a. 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;
b. Finished Floor. The finished floor of the first story shall not exceed three feet in height as measured from finished grade;
c. 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; d. 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; e. Step-back. The interior side and rear elevations of the second story of a twostory primary dwelling unit shall be recessed by five feet from the first story, as measured wall to wall. In the case of a covered porch on the first floor below, the step-back is measured from the structural post of the covered porch to the wall above;
f. Garages. Street-facing attached garages shall not exceed 50 percent of the linear width of the front-yard or street-side yard elevation; g. 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 h. 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.

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i. Prohibited Materials. The following exterior materials are prohibited on all building exteriors:

1. Exterior foam molding;

2. Vinyl siding;

3. Plywood; and

4. Exterior Insulation Finishing System (EIFS).
j. Mechanical Equipment. Heating, ventilation, and air conditioning (HVAC) units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence. (3) 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 (4) below, "Exceptions:" a. 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. b. 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.
c. 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.
d. Encroachment Permits. Separate encroachment permits, issued by the Parks and Public Works Department, shall be required for the installation of utilities to serve two-unit housing developments. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work.
e. 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:

1. 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;

2. 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

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3. 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).
f. 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:

1. A limitation restricting the property to residential uses only; and

2. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.
(4) Exceptions. If any of the provided zoning standards or design review standards would have the effect of physically precluding construction of up to two (2) primary dwelling units or physically preclude either of the two (2) primary dwelling units from being at least eight hundred (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. a. 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 V. Section 29.10.640, “Application Process for Two-Unit Housing Development,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(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 properties directly across the street). (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.

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SECTION VI. Section 29.10.650, “Subdivision Standards,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Urban lot splits shall comply with the following objective subdivision standards, and general requirements and restrictions:
(1) 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:
a. 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;
b. Minimum Lot Size. Each new parcel shall be approximately equal in lot area provided that one (1) parcel shall not be smaller than forty (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 (1) of the proposed lots is a flag/corridor lot, the area of the access corridor shall count toward the lot area as follows:

1. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and

2. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot. c. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of twenty (20) feet;
d. Minimum Public Frontage. Each new parcel shall have frontage upon a street with a minimum frontage dimension of twenty (20) feet, except as allowed above for flag/corridor lots;
e. Number of Lots. The parcel map to subdivide an existing parcel shall result in no more than two (2) parcels; and
f. Lot Merger. Lots resulting from an urban lot split shall not be merged unless that lot merger can be done without loss of housing units and without causing a non-conforming building, lot, or use.
(2) General Requirements and Restrictions. The following requirements and restrictions apply to all proposed urban lot splits:
a. 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; b. Dedication and Easements. The Town Engineer shall not require dedications of rights-of-way nor the construction of offsite improvements but may, however,

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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;
c. 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;
d. Intent to Occupy. The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one (1) of the housing units on the newly created parcels as their principal residence for a minimum of three (3) years from either:

1. The date of the approval of the urban lot split when the intent is to live in an existing residence; or

2. 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;
e. 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), maximum allowed lot coverage, and maximum allowed floor area ratio;
f. Number of Units. No more than two (2) 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;
g. 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;

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h. Restrictions on Demolition. The proposed urban lot split shall not require either the demolition of more than twenty-five (25) percent of the exterior walls or alteration of any of the following types of housing:

1. 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;

2. 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

3. Housing that has been occupied by a tenant in the last three (3) 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 (3) 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; i. 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);
j. 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:

1. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section;

2. A limitation restricting the properties to residential uses only; and

3. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.
k. 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; l. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map; and

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m. 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 VII. Section 29.10.660, “Application Process for Urban Lot Splits,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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 properties directly across the street). (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, the Town’s Accessory Dwelling Unit 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.

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Ordinance May 7, 2024
SECTION IX. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION X. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378). Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 Ordinances are not a project subject to the California Environmental Quality Act.

SECTION XI. Consistency with General Plan.

The amendments to the Town Code are consistent with the General Plan as SB 9 is a state law; and
SECTION XII. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

ITEM NO. 20.
20 of 20
Ordinance May 7, 2024
SECTION XIII. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7th day of May 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of _____ 2024, 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: __________________

ITEM NO. 20.

PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 04/10/2024
ITEM NO: 2
DATE: April 5, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9 Regarding a Change to Required Second-Story Step-Backs and Other Clarifying Revisions.

The Proposed Amendments to the Town Code Are Not Considered a Project Under Section 15378 of the California Environmental Quality Act, and in Accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 Ordinances Are Not a Project Subject to the California Environmental Quality Act. Town Code Amendment Application A-24-003.

Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9 regarding a change to required second-story step-backs and other clarifying revisions.

CEQA:

In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 ordinances are not a project subject to CEQA.

ATTACHMENT 3

ITEM NO. 20.

PAGE 2 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
FINDINGS:
▪ In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 ordinances are not a project subject to CEQA; and
▪ The amendments to Chapter 29 of the Town Code are consistent with the General Plan.

BACKGROUND:

In September 2021, Governor Newsom signed new State law, Senate Bill 9 (SB 9), which went into effect on January 1, 2022. SB 9 requires ministerial approval of certain housing development projects and lot splits on a single-family zoned parcel, with the intent to increase residential densities within single-family neighborhoods across the State.

The law allows for two new types of development activities that must be reviewed ministerially without any discretionary action or public input:
• Two-unit housing development – Two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit on a parcel with an existing single-family residence).
• Urban lot split – A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four units (two units on each new parcel).

On December 21, 2021, Town Council adopted an Urgency Ordinance to implement local objective standards for SB 9 applications. On November 15, 2022, Town Council approved Ordinance 2334, which established the permanent SB 9 Ordinance within Chapter 29 (Zoning Regulations) of the Town Code (Exhibit 2). No modifications have occurred since the adoption of the permanent Ordinance at the end of 2022.

At the February 13, 2024 Strategic Priorities meeting, Town Council provided guidance to Town staff on workload prioritization for the next three years. A local architect presented at this meeting, requesting that the SB 9 Ordinance be amended to allow flexibility with the secondstory step-back rule (Exhibit 3). Town Council voted to include this request within the Strategic Priorities and listed the change as the first priority for ordinance amendments.

ITEM NO. 20.

PAGE 3 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
DISCUSSION:

The draft amendments in Exhibit 4 includes a track-changes version (with removed text shown in strike-through text and new text shown underlined) of the current SB 9 Ordinance, including the requested SB 9 second-story step-back modification, as well a number of clean-up amendments that staff has identified since the permanent Ordinance was adopted at the end of 2022.

A. Second-Story Step-Back Modification
The current SB 9 Ordinance [Town Code Section 29.10.630(2)(e)] requires the following for second-story step-backs:
(e) 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;
The five-foot step-back rule was included in the SB 9 Ordinance in an attempt to limit potential second-story privacy impacts associated with an SB 9 development project since SB 9 units can be placed as close as four feet from a side or rear property line. Additionally, the five-foot step-back decreases the mass of a two-story SB 9 in accordance with the Residential Design Guidelines since only objective standards can be used to review SB 9 applications.

At the February 13, 2024 Strategic Priorities meeting, a local architect spoke on a possible modification to the SB 9 Ordinance regarding the required five-foot second-story step-back requirement for two-unit developments (Exhibit 3). Specifically, the recommendation was to allow the five-foot step-back to be measured from a covered porch projection on the first floor, and not just the wall of the first floor below. As highlighted in Exhibit 3, measuring to the post of a covered porch below would meet the intent of the step-back rule. Staff’s recommended amendment is shown below and is also included in Exhibit 4. (e) 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. In the case of a covered porch on the first floor below, the step-back is measured from the structural post of the covered porch to the wall above; B. Ordinance Clean-Ups
The following is a summary of all other draft amendments to the SB 9 Ordinance, either for consistency with State law or items identified by staff as needing clarification. The following items are listed in the order that they appear in Exhibit 4:

ITEM NO. 20.

PAGE 4 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
DISCUSSION (continued):
• Legal Parcel Eligibility [Section 29.10.620(2)]. This amendment is to provide clarification on when an urban lot split and two-unit housing development applications may be submitted. The current SB 9 Ordinance requires that applications for either SB 9 application type, “only be accepted on proposed parcels with either a recorded parcel map or certificate of compliance.” This created a situation where if an owner wanted to do both an urban lot split and a two-unit housing development on the resulting parcels, they must wait until the urban lot split is approved, the corresponding Parcel Map Application is approved, and the parcels are recorded with the County prior to acceptance of a two-unit housing development application. Staff’s proposed edits in Exhibit 4 would allow both applications to be submitted simultaneously, but that the construction and building permits would not be issued until the parcel map is recorded with the County. • Historic Property Exclusion [Section 29.10.620(3)]. For consistency with State law, a line is being added to also include properties within the State Historic Resources Inventory.
• Very High Fire Hazard Severity Zone Exclusion [Section 29.10.620(4)]. For consistency with State law, the language was updated to reflect updates to the Government Code Sections. This would not result in changes to the way the current SB 9 Ordinance is implemented.
• New Exclusion Area – Conservation Easements [Section 29.10.620(10)]. A new exclusion area to prohibit SB 9 applications on parcels with a conservation easement is being added for consistency with State law.
• New Driveways [Section 29.10.630(1)(b)]. Clarification to the two-unit development driveway standards was added to specify that the rule only applies to new driveways.
• Floor Area Increase [Section 29.10.630(1)(e)]. Clarification to the ten percent floor area ratio increase was added to specify that the ten percent increase only applies to properties where the existing floor area on site is at or below the maximum allowed.
• Building Site Slopes [Section 29.10.630(1)(h)]. The word “average” is proposed to be removed from this section so that the original intent is met. The goal of this section was to ensure that new units are not constructed on lands exceeding 30 percent slope, consistent with the provisions of the Hillside Development Standards and Guidelines. The section currently refers to, “lands with an average slope exceeding 30 percent”, which implies that a home can be sited on lands with a slope much higher than 30 percent as long as the average of this area and the rest of the building site equals 30 percent slope or below. This is not consistent with the Hillside Development Standards and Guidelines.

ITEM NO. 20.

PAGE 5 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
DISCUSSION (continued):
• Garage Setbacks [Section 29.10.630(1)(p)]. Clarification to the setback section was added to specify that only garages attached to the SB 9 primary unit can use the reduced SB 9 setbacks, and that detached garages are subject to the standard Town Code setbacks for accessory buildings.
• Interior Side Setback for Attached Units [Table 1-2, Exception (3)]. Clarification to the setback table was added to specify that the allowance in Exception 3 for, “no interior side setbacks for two-unit housing development units constructed as attached units on separate lots,” is only applicable to parcels created through an urban lot split which are still under the same ownership, and not for neighboring properties under different ownership. Additionally, a new clause was added for flaglots in this scenario; where similarly to the internal side setback on side-by-side lots, no rear setback (for the front property in a flag lot configuration) and no front setback (for the rear property in a flag lot configuration) are required for two-unit housing development units constructed as attached units in a flag-lot configuration where the parcels are still under the same ownership.
• Non-Conforming Conditions [Section 29.10.650(2)(e)]. Clarification was added to this section to better reflect how the Town addresses non-conforming situations created through an urban lot split and for consistency with item (c) of this subsection regarding existing structures. Specifically, the Town allows an urban lot split to create non-conforming setbacks, floor area ratio, and lot coverage as long as the existing structure is not modified.
• Future Development [Section 29.10.660(a)(5)]. Reference to the Town’s Accessory Dwelling Unit process was added to the types of ways an owner can develop parcels resulting from an urban lot split.
• Additional Minor Edits. Additional minor grammatical and reference corrections have been made in the following sections: 29.10.600; 29.10.610 (existing structure definition); 29.10.630(1)(e)(5); 29.10.630(1)(i); 29.10.640(a)(3); and 29.10.660.

PUBLIC COMMENTS:

At time of publication of this report, no public comments have been received.

CEQA DETERMINATION:

In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA.

ITEM NO. 20.

PAGE 6 of 6
SUBJECT: SB 9 Ordinance Amendments
DATE: April 5, 2024
CONCLUSION:

A. Summary
The draft amendments in Exhibit 4 proposes amendments to Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9 regarding an amended second-floor stepback requirement, amendments to align the Town’s SB 9 regulations with State law, and amendments to clarify existing standards as identified by staff over the past few years.

B. Recommendation
Staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the draft amendments (Exhibit 4) by taking the following actions:

1. Make the finding that in accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 ordinances are not a project subject to CEQA;

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the draft amendments are consistent with the General Plan (Exhibit 1); and

3. Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the draft amendments (Exhibit 4).

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council for approval of the draft amendments with modifications; or

2. Forward a recommendation to the Town Council for no changes to the Town Code; or

3. Continue the matter to a date certain with specific direction.

EXHIBITS:

1. Required Findings

2. Current Senate Bill 9 Ordinance 2334

3. Covered Porch Step-Back Diagram

4. Draft Senate Bill 9 Ordinance Amendments

ITEM NO. 20.
\\tlg-file\data\SHARE\PLANNING COMMISSION REPORTS\2024\04-10-2024\Item 2 - SB9 Update\Exhibit 1 - Required Findings.docx PLANNING COMMISSION – April 10, 2024

REQUIRED FINDINGS
Senate Bill 9 Ordinance Amendments
Town Code Amendment Application A-24-003
Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning Regulations) of the Town Code for Senate Bill 9 Regarding a Change to Required Second-Story Step-Backs and Other Clarifying Revisions. The Proposed Amendments to the Town Code Are Not Considered a Project Under Section 15378 of the California Environmental Quality Act, and in Accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 Ordinances Are Not a Project Subject to the California Environmental Quality Act. Town Code Amendment Application A-24-003. Project Location: Town Wide. Applicant: Town of Los Gatos.

FINDINGS:

Required finding for CEQA:
 In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 ordinances are not a project subject to CEQA.

Required consistency with the Town’s General Plan:
 That the proposed amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding Senate Bill 9 are consistent with the General Plan.

EXHIBIT 1

ITEM NO. 20.

This Page
Intentionally
Left Blank

ITEM NO. 20.
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 10. TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS Los Gatos, California, Code of Ordinances Created: 2023-12-19 13:00:27 [EST] (Supp. No. 93)

DIVISION 10. TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS Sec. 29.10.600. Purpose and applicability.

The Town Council finds and determines that this Division is applicable only to voluntary applications for twounit 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 twounit 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.
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.610. Definitions.

In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this Division. Where a conflict may exist, the definitions in this Division shall apply.

Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest.

Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant.

Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.

Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

Common ownership or control means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

Entry feature means a structural element, which leads to an entry door.

Existing structure means a lawfully constructed building that received final building permit clearance prior to January 1, 2022, and which has not been expanded on or after January 1, 2022.

EXHIBIT 2

ITEM NO. 20.

Created: 2023-12-19 13:00:26 [EST]
(Supp. No. 93)

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 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. ( Ord. No. 2334 , § 2, 11-15-22)
Sec. 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:
(1) Zoning District. A parcel that is located within a single-family residential zone. (2) 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. (3) 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."
(4) 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

ITEM NO. 20.

Created: 2023-12-19 13:00:26 [EST]
(Supp. No. 93)

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.
(5) 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.
(6) Excluding Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the two-unit housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Health and Safety Code Division 13), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (7) 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. (8) 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). (9) 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).
( Ord. No. 2334 , § 2, 11-15-22)
Sec. 29.10.630. Requirements.

Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions:
(1) 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 subsection (4), "Exceptions:"

ITEM NO. 20.

Created: 2023-12-19 13:00:26 [EST]
(Supp. No. 93)

a. 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;
b. 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:

1. 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;

2. A minimum depth of 18 feet measured from the front or street side property line;

3. Surfacing shall comply with Town Code Section 29.10.155(e);

4. 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

5. A maximum slope of 15 percent.
c. 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; d. Fencing. All new fencing shall comply with the requirements of Sections 29.40.030 through

29.40.0325 of the Zoning Code;
e. Floor Area Ratio and Lot Coverage.

1. The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.

2. 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:
i. 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 ii. 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. The maximum size of the first new residential unit shall not exceed 1,200 square feet.

4. 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.

5. Notwithstanding the floor area ratio standards in this subsection, a new two-unit housing development with unit sizes of 800 square feet or less shall be permitted. f. Grading.

1. 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 2. below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application;

ITEM NO. 20.

Created: 2023-12-19 13:00:26 [EST]
(Supp. No. 93)

2. Grading activity associated with a two-unit housing development shall not exceed 50 cubic yards, cut plus fill, except:
i. Light wells that do not exceed the minimum required per Building Code shall not count as grading activity for the purpose of this section; ii. 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
iii. Excavation within the footprint of a primary dwelling unit or garage shall not count as grading activity for the purpose of this section. g. 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 lightwells 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.
h. 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;
i. 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; j. 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;
k. Landscaping Requirement. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO);
l. 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; m. 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;

ITEM NO. 20.

Created: 2023-12-19 13:00:26 [EST]
(Supp. No. 93)

n. 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; o. Parking.

1. One parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one or more car-share vehicles within one block of the parcel.

2. 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. p. Setbacks. Two-unit housing developments shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below:

Table 1-2 - Setback Requirements
Setback Requirement(2)
Property Line Setbacks(1) Front Per the applicable zoning district.(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.
q. 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
r. New units shall be designed as individual units, with separate gas, electric, and water utility connections directly between each dwelling unit and the utility.