Los Gatos City Council
October 20, 2026

ITEM NO. 13.

Draft Ordinance Adoption Date

ITEM NO. 13.

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: 08/12/2026
ITEM NO: 4
DATE: August 7, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Objective Design Standards for Single-Family and Two-Family Residential Dwelling Units and Second-Story Additions. The Proposed Amendments to the Town Code are Not Subject to CEQA 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 and Design Review Process Applicable to New Single-Family and Two-Family Residential Dwelling Units and Second-Story Additions. Town Code Amendment Application A-26-003. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council on an ordnance amending Chapter 29 (Zoning Regulations) of the Town Code regarding objective design standards for single-family and twofamily residential dwelling units and second-story additions.

CEQA:

The proposed amendments are not subject to CEQA review, 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 and design review process applicable to new single-family and two-family residential dwelling units and new second-story additions.

ITEM NO. 13.

PAGE 2 of 11
SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
FINDINGS:
 The proposed amendments are not subject to CEQA review pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3); 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.  Urban lot split – A one-time subdivision of an existing single-family residential parcel into two parcels.

On December 21, 2021, the Town Council adopted an Urgency Ordinance to implement local objective design standards for SB 9 applications. On November 15, 2022, the Town Council approved Ordinance 2334, which established the permanent SB 9 Ordinance within Chapter 29 (Zoning Regulations) of the Town Code. On May 21, 2024, the Town Council approved Ordinance 2359 (Exhibit 2), which included modifications to the previous ordinance to modify design review standards and make clarifying revisions. Ordinance 2359 is the Town’s current SB 9 Ordinance.

Previous SB 9 law allowed jurisdictions to adopt objective zoning, subdivision, and design standards specific to two-unit housing development and urban lot split applications so long as they would not preclude the construction of two, 800-square foot units with four-foot side and rear setbacks. As a reminder, objective design standards are development regulations that involve no personal or subjective judgment by a public official. They must be uniformly verifiable using an external, measurable benchmark known to both the applicant and the public official before application submittal. The Town’s current SB 9 Ordinance includes a Design Review Standards Section applicable to two-unit development applications [Exhibit 2, Town Code Section 29.10.630 (2)] and a Subdivision Standards Section applicable to urban lot split applications [Exhibit 2, Town Code Section 29.10.650 (1)]. Since SB 9 applications allow reduced side and rear setbacks and require ministerial review, and since design guidelines aren’t enforceable on these projects, the objective design standards for SB 9 projects were created to

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
protect neighbor privacy and enforce some of the Town’s residential and hillside design guidelines to encourage orderly development and neighborhood compatibility.

In September of 2024, Governor Newsom signed new state law, Senate Bill 450 (SB 450), which went into effect on January 1, 2025 (Exhibit 3). SB 450 updates and expands the required provisions of SB 9. The most significant change from SB 450 is that it now prohibits the Town from adopting specific zoning, subdivision, or design standards for SB 9 projects that do not already apply uniformly to development in the underlying zoning district. Instead, the Town can only apply objective zoning, subdivision, and design standards to SB 9 projects if those standards are applicable to or are more permissive than standards within the underlying zone.

As a result, many of the Town’s existing objective SB 9 standards are no longer enforceable.

Exhibit 4 includes a strike-through version of the Town’s current SB 9 Ordinance, showing which provisions are no longer enforceable based on SB 450.

Several neighboring jurisdictions have recently updated their SB 9 process following the adoption of SB 450, which highlights the array of options available to the Town. On one end of the spectrum is the City of Campbell, who reduced their objective standards across the majority of their jurisdiction to line up with the increased allowances of SB 9, essentially removing their standard discretionary process and reducing setbacks for all new single-family units down to four feet side and rear. The City of Berkeley took a different approach, essentially eliminating single-family zoning altogether, and therefore removed the ability to use SB 9 since it is only applicable in single-family zones. Lastly, the cities of Cupertino, Sunnyvale, and Palo Alto have created new objective design standards to be applicable to all new single- and two-family dwelling units and second-story additions; therefore, allowing them to apply to SB 9 projects as well as those units created through their discretionary processes. Palo Alto and Cupertino took their previous SB 9 design standards and made them applicable across all residential zones.

Therefore, the cities can continue to apply the previous standards to SB 9 projects while providing an exception process for standard discretionary applications that do not meet these new standards. Sunnyvale took their existing, subjective residential design guidelines and, with the support of a consultant, completed an extensive update to turn them into modernized, objective design standards within City Code and applicable across all residential zones. The following hyperlink includes the council reports for the various approaches for each of the neighboring jurisdictions listed above:
https://www.losgatosca.gov/DocumentCenter/Index/2977
In March of this year, staff met with the local architect and design community to discuss the new changes to State law and the need to create objective design standards. The group of roughly ten architects and designers discussed what they have seen work well in other jurisdictions and, in summary, concluded that “less is more” when it comes to these objective design standards. They noted that jurisdictions that tried to overly control architectural styles and detailing tended to result in poor design, and that if new standards are necessary, they prefer options rather than one set standard.

ITEM NO. 13.

PAGE 4 of 11
SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
In addition to the architect and design community input, staff has received input from the public since SB 9 was first adopted in 2021. The primary concerns, both before and after SB 450 was adopted, have largely been centered around privacy as SB 9 allows reduced four-foot side and rear setbacks. Now that SB 450 has removed some of the previous attempts to protect neighborhood privacy, there is a need to modify Town Code to introduce protections applicable to all new single- and two-family residential dwelling units and second-story additions, including those created through SB 9. Specifically, as detailed below, staff recommends new objective design standards related to porches, patios, decks, platforms, balconies, and other open, unenclosed areas; and window restrictions when over a certain height and within a certain distance of a shared property line.

In developing the draft Ordinance, staff considered the feedback from the architects and design community and Town residents; conducted research on the approach used by neighboring jurisdictions; and drafted a new Town Code section as discussed below. Staff recommends an approach similar to Palo Alto and Cupertino, where many of the existing SB 9 standards, and some commonly used design guidelines, are added into Town Code to apply across all residential zones and be applicable to all single-family and two-family projects.

DISCUSSION:

To address changes made to SB 9 processing by SB 450, staff drafted amendments to portions of Chapter 29 (Zoning Regulations). The proposed amendments would take many of the existing SB 9 standards, as well as the more common design guidelines from the Town’s Single and Two Family Residential Design Guidelines (RDG) and Hillside Development Standards and Guidelines (HDS&G) documents, and make them uniformly applicable to the underlying residential zones.

Specifically, the standards are drafted to be applicable to all new single-family units; two-family units; and second-story additions, whether new or an addition to an existing second-story.

Additionally, there are clean-up and consistency items proposed. Details on the proposed amendments and new standards are provided below.

A. New Objective Design Standards Process Overview
The draft Ordinance introduces a new Town Code Section, titled “Objective Design Standards for New Single-Family and Two-Family Residential Dwelling Units and Second Story Additions,” which would be within Article VI – Residential Zones; Division 1 – Generally (Exhibits 5). This new Town Code section is divided into four parts: purpose and applicability; design standards for site planning and architectural details; design standards for massing and privacy; and an exception process. These standards are in addition to other objective Town Code standards, such as setbacks, height, floor area ratio, lot coverage, etc., and are applicable to all new single- and two-family residential dwelling units and secondstory additions. This includes both ministerial applications, such as SB 9 two-unit housing

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
developments, and discretionary applications, such as architecture and site and minor residential project applications.

Projects proceeding under a ministerial process would not have an option for exceptions to any of these standards. Projects proposed under a discretionary process could request an exception through the standard architecture and site application process. As noted in Town Code Section 29.40.100 (Exceptions), the findings to be considered include compliance with the Town’s RDG (and corresponding report by the Town’s Consulting Architect), HDS&G (when applicable), neighborhood compatibility, and neighboring privacy protections.

B. Previous SB 9 Standards
Many of the new standards in Town Code Sections 29.40.090 and 29.40.095 were derived from the Town’s previous SB 9 regulations in Ordinances 2359 (2024) and 2334 (2022). The following standards that were previously applicable only to SB 9 two-unit housing developments are now proposed to apply to all new single- and two-family dwelling units and second-story additions. A brief staff explanation is provided in italics below each new standard.
 Sec. 29.40.090 (1) - Building sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located on lands with slopes exceeding thirty (30) percent. o Staff explanation: This standard was derived from the Town’s HDS&G and has been in the Town’s SB 9 Ordinance since 2022.
 Sec. 29.40.090 (4) - Exterior materials. For properties in the Hillside Area, exterior material colors for dwelling units and garages shall comply with the requirements in Chapter V, Section I, Standard 2 of the Town's Hillside Development Standards and Guidelines for maximum light reflectivity value (LRV).
o Staff explanation: This standard was derived from the Town’s HDS&G and has been in the Town’s SB 9 Ordinance since 2022.
 Sec. 29.40.090 (5) - Mechanical equipment screening. 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. o Staff explanation: This standard has been in the Town’s SB 9 Ordinance since 2024.
 Sec. 29.40.095 (3) - Second story location. A new second story, whether a new secondfloor added above an existing single-story structure, addition to an existing secondfloor, or a new two-story structure, shall meet the underlining setbacks of the zone, and in no case be less than eight (8) feet from a property line. o Staff explanation: This standard is similar to the standard that has been in place since 2022, which first required a five-foot second-story step-back from the first floor below and then was amended in 2024 to instead require a nine-foot setback

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
of the second-floor from the property line. It has been slightly revised down to eight feet to match R-1:8 side setback standards. This standard helps limit massing, while the window and patio, porch, deck, platforms, balconies, and other open, unenclosed areas standards listed below help control neighboring privacy.
 Sec. 29.40.095 (4) - Plate height. For two-story homes, the maximum plate height of the first floor shall be limited to ten (10) feet, and the maximum plate height of the second floor shall be limited to eight (8) feet.
o Staff explanation: This standard has been in the Town’s SB 9 Ordinance since 2022.

C. Design Guidelines Added
The following standards in Town Code Sections 29.40.090 and 29.40.095 were derived from the Town’s existing design guideline documents, including the RDG and HDS&G. Since design guidelines cannot be enforced with ministerial applications, they must be made objective to be applicable. A brief staff explanation is provided in italics below each new standard.
 Sec. 29.40.090 (2) – Site grading. In the Hillside Area, site grading shall not be larger than the area of the footprint of the house, driveway, parking, and vehicular turnaround areas.
o Staff explanation: This standard was derived from HDS&G Chapter III-Section AStandard 5 and ensures that grading in the hillsides is limited to the minimum amount necessary to develop the residential unit and required access.  Sec. 29.40.090 (3) – Material changes. Exterior material and siding changes shall occur at the inside corner of two walls and not the outside corner. See Section 3.8.4 of the Town’s Single and Two Family Residential Design Guidelines for an example diagram. o Staff explanation: This standard was derived from RDG Section 3.8.4.  Sec. 29.40.095 (1) – Patios, porches, decks, platforms, balconies, and other open, unenclosed areas.
a. See Town Code Section 29.40.070 for projection allowances for areas under four (4) feet in height above grade.
b. If four (4) feet above grade or greater, including rooftops, the underlining setbacks of the zone shall be met, and in no case shall they be located less than twenty (20) feet from a rear property line and ten (10) feet from any other property line. Additionally, each area shall also include a minimum of one of the following screening techniques along the entire portion of the open area that faces existing residential use(s) or zone(s). The additional screening techniques are not required when these areas are proposed facing a public right-of-way. i. Solid or opaque privacy wall of at least six (6) feet in height, blocking direct visibility along the edges of the deck or open area; or

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
ii. Property line fence of at least six (6) feet solid material with one (1) foot lattice above (seven (7) feet high in total) and privacy landscape screening consisting of native, evergreen species. Trees are to be a minimum of twenty-four (24) inch box size, shall be a minimum of six (6) feet tall at the time of planting, with a typical mature height of at least twenty-five (25) feet and mature canopy width of fifteen (15) feet, and planted at a rate of one (1) tree for every twenty-five (25) linear feet between. Three closely spaced tall screening shrubs of at least fifteen (15) gallon in size with a mature height of at least fifteen (15) feet and a mature width of at least three (3) feet may be substituted for one screening tree. Both fencing and landscaping shall be placed at the shared property line, with a cone-of-vision defined by a thirty (30) degree angle from the furthest edges of the deck or open unenclosed area.
o Staff explanation: This standard is derived from RDG 3.11.2. As noted above, privacy was the primary concern received from the public over the past few years, which is why additional standards are proposed.

Screening standards “i” and “ii” are derived from RDG 3.11.2. The size and height requirements of the landscape screen are derived from Palo Alto’s standards. As requested by the architect community, this “new” standard has compliance options.
 Sec. 29.40.095 (2) – Windows. All second-story windows less than twenty (20) feet from a rear property line or ten (10) feet from any other property line, and all firststory windows less than six (6) feet from a property line where the finished floor is three (3) feet or more above grade, shall comply with at least one of the following.

This standard does not apply to windows facing a public right-of-way. a. Clerestory, with the bottom of the glass at least six (6) feet above the finished floor;
b. Opaque glazing, blocking direct visibility; or
c. Property line fence of at least six (6) feet solid material with one (1) foot lattice above (seven (7) feet high in total) and privacy landscape screening consisting of native, evergreen species. Trees are to be a minimum of twenty-four (24) inch box size, shall be a minimum of six (6) feet tall at the time of planting, with a typical mature height of at least twenty-five (25) feet and mature canopy width of fifteen (15) feet, and planted at a rate of one (1) tree for every twenty-five (25) linear feet between. Three closely spaced tall screening shrubs of at least fifteen (15) gallon in size with a mature height of at least fifteen (15) feet and a mature width of at least three (3) feet may be substituted for one screening tree.

Both fencing and landscaping shall be placed at the shared property line, with a cone-of-vision defined by a thirty (30) degree angle from the furthest edges of the deck or open unenclosed area.
o Staff explanation: The intent of this standard has been in the Town’s SB 9 Ordinance since 2022. The previous standard stated that windows must be

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
clerestory if within 10 feet of a side or rear property line. However, staff found that the majority of neighboring jurisdictions increase the rear setback standard, similar to how rear setbacks of the zone are generally greater than the sides. RDG 3.11.8 lists option “b” as a recommended mitigation technique for two-story windows, and lists option “c” as a recommended mitigation technique for decks, which can also be applied to windows. Staff found all three techniques used within neighboring jurisdictions.

Additionally, as requested by the architect community, this revised standard has compliance options.
 Sec. 29.40.095 (5) – Two-story articulation. A new second-story that is not steppedback from the single-story wall below and creates a two-story wall shall include at least one of the following to provide visual relief along that two-story wall:
a. Bellyband extending the full width of the two-story elevation; b. Projections or bay windows;
c. Material and color changes;
d. Chimneys;
e. Overhangs with projecting brackets;
f. Juliet balconies;
g. Window boxes; or
h. Landscaped trellis or lattice.
o Staff explanation: This standard is derived from RDG 3.3.3, and as requested by the architect community, this “new” standard has compliance options.

D. Clean-Up Items
In addition to the items listed above, staff recommends additional revisions to Town Code to further support the proposed objective design standards. This includes new definitions, clarifying and modifying some existing standards and processes, and clarifying the building height allowances in Town Code for consistency with the HDS&G. A brief staff explanation is provided in italics below each clean-up item.
 Sec. 29.10.020 – Definitions.

Hillside Area means all properties zoned Hillside Residential or properties located within the Hillside Area Map of the Town’s Hillside Development Standards and Guidelines.
o Staff explanation: This definition is added to Chapter 29 (Zoning Regulations) to enforce certain hillside-related requirements on R-1 and RC zoned properties within the HDS&G defined “Hillside Area,” as not all properties subject to the HDS&G are zoned HR.

Landscaping means an area devoted to plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials.

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
o Staff explanation: This definition is added to Chapter 29 (Zoning Regulations) as new standards related to landscaping are being proposed, and landscaping is not defined in Town Code. The definition was taken from the Town’s Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residenti8al Development document.
 Sec. 29.40.070 (c - e) – Projections allowed into yards. (see Exhibit 5 for proposed modifications)
o Staff explanation: In summary, subsections (c)-(e) of Town Code Section

29.40.070 are proposed to be amended to clarify existing Town Code and to ensure that new SB 9 applications are not allowed projection into the required reduced setback areas that would create privacy concerns. Edits are proposed to this Town Code Section to ensure consistency with new Town Code Section

29.40.095 (1) and to clean-up existing portions that were not clear: i.e. current Town Code Section 29.40.070 allows a four-foot tall, uncovered porch to project six feet into the required front setback, while a one-foot tall deck could not project.
 Sections 29.40.095(5), 29.40.170, 29.40.275, 29.40.410, and 29.40.745 – Height limitations. (see Exhibit 5 for proposed modifications) o Staff explanation: In summary, modifications to the height limitations in the RC, HR, R-1, and R-1D zones are proposed for consistency with HDS&G. Although the Town’s HDS&G provides a maximum height for residences within the Hillside Area to 25 feet, or 18 feet if determined to be visible from one of the established viewing platforms, Town Code provides for 30 feet in the zones that are included within the HDS&G. This change would make the height limitations consistent between the HDS&G and zoning code for properties in the HDS&G Hillside Area.

PUBLIC COMMENTS:

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;
• In-person meeting with local architects and designers to obtain feedback in March 2026; and • Direct email communication to local architects and designers.

At the time this report was published, no public comments were received.

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
ENVIRONMENTAL ASSESSMENT:

The proposed amendments are not subject to CEQA review, 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 and design review process applicable to new single-family and two-family residential dwelling units and new second-story additions.

CONCLUSION:

A. Summary
In response to recent changes to State law, the Town must rely on objective design standards in the review of certain types of application, including SB 9 applications. The draft Ordinance in Exhibit 5 takes current SB 9 standards that were removed through SB 450, as well as some existing design guidelines, and makes them objective and applicable to all single- and two-family residential dwelling units and second-story additions.

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 Ordinance (Exhibit 5). The Planning Commission should also include any comments or recommended changes to the draft Ordinance in taking the following actions:

1. Make the finding that the proposed amendments are not subject to CEQA 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 and design review process applicable to new single-family and two-family residential dwelling units and second-story additions (Exhibit 1);

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 (Exhibit 1); and

3. Forward a recommendation to the Town Council for approval of the proposed amendments to Chapter 29 of the Town Code in the draft Ordinance (Exhibit 5).

ITEM NO. 13.

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SUBJECT: Objective Design Standards for Single-Family and Two-Family Residential Projects and Second-Story Additions/A-26-003
DATE: August 7, 2026
C. Alternatives
Alternatively, the Commission can:

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

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

EXHIBITS:

1. Required Findings

2. Current Senate Bill 9 Ordinance 2359

3. Senate Bill 450 State Law

4. Current Senate Bill 9 Ordinance 2359 with Senate Bill 450 Deletions

5. Draft Town Code Amendments

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ITEM NO. 13.

PLANNING COMMISSION – August 12, 2026
REQUIRED FINDINGS FOR:

Town Code Amendment Application A-26-003
Forward a Recommendation to the Town Council on an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Objective Design Standards for Single-Family and Two-Family Residential Dwelling Units and Second-Story Additions. The Proposed Amendments to the Town Code are Not Subject to CEQA 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 and Design Review Process Applicable to New Single-Family and Two-Family Residential Dwelling Units and Second-Story Additions. Project Location: Town Wide. Applicant: Town of Los Gatos.

FINDINGS
Required Findings for CEQA:
 The proposed amendments are not subject to CEQA review 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 and design review process applicable to new single-family and two-family residential dwelling units and second-story additions.

Required Findings for General Plan:
 The amendments to Chapter 29 of the Town Code regarding these new objective design standards applicable to new single-family and two-family residential dwelling units and second-story additions are consistent with the General Plan.

EXHIBIT 1
S:\PLANNING COMMISSION REPORTS\2026\08-12-2026\SINGLE FAMILY ODS\EXHIBIT 1 - REQUIRED FINDINGS.DOCX

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ITEM NO. 13.
- 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: 2026-07-07 14:10:04 [EST] (Supp. No. 99)

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 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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § I, 5-21-24) 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 (10) 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.

EXHIBIT 2

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

First residential unit means one (1) of two (2) 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 (2) 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 (2) new primary dwelling units, one (1) new primary dwelling unit and retention of one (1) existing primary dwelling unit, or retention of two (2) existing legal non-conforming primary dwelling units where one (1) 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 (2) 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; Ord. No. 2359, § II, 5-21-24) 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 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,

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

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 (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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § III, 5-21-24)

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

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:"
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 sixteen (16) feet in height;
b. New driveways. Each parcel shall include no more than a single driveway unless the parcel has more than one hundred (100) feet of contiguous street frontage or more than one (1) existing driveway. Any new driveway shall satisfy the following requirements:

1. A minimum width of ten (10) feet up to a maximum width of eighteen (18) feet. Driveways in the Hillside Residential (HR) zones shall have a minimum width of twelve (12) feet;

2. A minimum depth of eighteen (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 one hundred (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 fifteen (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 (2) dwelling units in a side-by-side or front-to-back configuration within the same structure or one (1) 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 one thousand two hundred (1,200) square feet.

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

4. When a two-unit housing development is proposed and the existing structures are at or below the maximum allowed floor area, a ten (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 one thousand two hundred (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 fifty (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 slopes exceeding thirty (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 (5) feet in height and shall not run in a straight continuous direction for more than fifty (50) feet without a break, offset, or planting pocket. Retaining walls shall have a five-foot landscaped buffer when adjacent to the street;

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

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 (1) 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 (1) or more car-share vehicles within one (1) 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, no

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

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:" 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 (3) 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 (6) feet and a minimum width equal to twenty-five (25) percent of the linear width of the front elevation; e. Second story setback. The interior side and rear elevations of the second story of a two-story primary dwelling unit shall have a minimum setback of nine (9) feet; f. Garages. Street-facing attached garages shall not exceed fifty (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 ten (10) feet as measured from finished floor, and when above the first floor the plate height shall be limited to a maximum of eight (8) feet; and
h. Windows. All second story windows less than ten (10) feet from rear and interior side property lines shall be clerestory with the bottom of the glass at least six (6) 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. Vinyl siding; and

2. Plywood.

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

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 (4) units, with a maximum of two (2) primary dwelling units, on lots that have not undergone an urban lot split.
b. Accessory dwelling units. In addition to the two (2) residential units allowed under this section, consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code, one (1) accessory dwelling unit and one (1) 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 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 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 (3) 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.

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

(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.
(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2351, § III, 11-21-23; Ord. No. 2359, § IV, 5-21-24) Sec. 29.10.640. Application process for two-unit housing development.

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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § V, 5-21-24)

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

Sec. 29.10.650. Subdivision standards.

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 one thousand two hundred (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, 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:

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

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 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;
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:

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24) Sec. 29.10.660. Application process for urban lot splits.

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 twounit 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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24)

ITEM NO. 13.

Created: 2026-07-07 14:10:04 [EST]
(Supp. No. 99)

Sec. 29.10.670. Sunset clause.

If SB 9 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of California, this division shall be repealed."
(Ord. No. 2334, § 2, 11-15-22)

ITEM NO. 13.

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ITEM NO. 13.

Senate Bill No. 450
CHAPTER 286
An act to amend Sections 65852.21 and 66411.7 of the Government Code, and to amend Section 4 of Chapter 162 of the Statutes of 2021, relating to land use.
[Approved by Governor September 19, 2024. Filed with
Secretary of State September 19, 2024.]
legislative counsel’s digest
SB 450, Atkins. Housing development: approvals.
(1) The Planning and Zoning law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Existing law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided.

This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, 94 STATE OF CALIFORNIA

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ITEM NO. 13.
to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(2) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps.

Existing law requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified. Existing law authorizes a local agency to deny an urban lot split if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided.

This bill would specify that objective zoning standards, objective subdivision standards, and objective design standards imposed by a local agency must be related to the design or improvements of a parcel. This bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(3) This bill would make additional nonsubstantive and conforming changes to these provisions.
(4) The bill would include findings related to changes proposed by this bill and would amend certain findings in existing law to state that the provisions address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (5) By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.
94 Ch. 286 — 2 —

ITEM NO. 13.

The people of the State of California do enact as follows:

SECTION 1. Section 65852.21 of the Government Code is amended to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The development 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 within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraphs (2) and (3), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
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(B) (i) Notwithstanding subparagraph (A), 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.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
(3) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This subdivision shall not prevent a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on development authorized by this section if those standards are more permissive than applicable standards within the underlying zone. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project 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 for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. 94 Ch. 286 — 4 —

ITEM NO. 13.
(h) (1) An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for a proposed housing development pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (i) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(j) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(k) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 of the Government Code is amended to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel 94 — 5 — Ch. 286

ITEM NO. 13.
shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) 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.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel 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 within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) (A) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (B) An application for an urban lot split shall be considered and approved or denied within 60 days from the date the local agency receives a completed 94 Ch. 286 — 6 —

ITEM NO. 13.
application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (C) If a permitting agency denies an application for an urban lot split pursuant to subparagraph (B), the permitting agency shall, within the time period described in subparagraph (B), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel, consistent with paragraph (3) of subdivision (b) and with subdivision (e), and are applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (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.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project 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 for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
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ITEM NO. 13.
(3) Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision 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 is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding any provision of Section 65852.21, 65915, Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in subdivision (a) of Section 66313, or a junior accessory dwelling unit as defined in subdivision (d) of Section 66313.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
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ITEM NO. 13.
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3. Section 4 of Chapter 162 of the Statutes of 2021 is amended to read:

SEC. 4. (a) The Legislature finds and declares all of the following:
(1) The state faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing.
(2) Solving the housing crisis therefore requires a multifaceted, statewide approach which will include, but is not limited to, any or some of the following:
(A) Encouraging an increase in the overall supply of housing. (B) Encouraging the development of housing that is affordable to households at all income levels.
(C) Removing barriers to housing production.
(D) Expanding homeownership opportunities.
(E) Expanding the availability of rental housing.
(b) Therefore, addressing the housing crisis and the severe shortage of housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 4. (a) The Legislature finds and declares all of the following:
(1) The state faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing.
(2) Solving the housing crisis therefore requires a multifaceted, statewide approach which will include, but is not limited to, any or some of the following:
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ITEM NO. 13.
(A) Encouraging an increase in the overall supply of housing. (B) Encouraging the development of housing that is affordable to households at all income levels.
(C) Removing barriers to housing production.
(D) Expanding homeownership opportunities.
(E) Expanding the availability of rental housing.
(b) Therefore, addressing the housing crisis and the severe shortage of housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Sections 1 and 2 of this act amending Sections 65852.21 and 66411.7 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

O
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ITEM NO. 13.
- 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: 2026-01-12 11:33:34 [EST] (Supp. No. 98)

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 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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § I, 5-21-24) 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 (10) 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.

EXHIBIT 4 Page 121 Page 350
ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

First residential unit means one (1) of two (2) 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 (2) 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 (2) new primary dwelling units, one (1) new primary dwelling unit and retention of one (1) existing primary dwelling unit, or retention of two (2) existing legal non-conforming primary dwelling units where one (1) 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 (2) 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; Ord. No. 2359, § II, 5-21-24) 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 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,

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

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 (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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § III, 5-21-24)

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

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:"
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 sixteen (16) feet in height;
b. New driveways. Each parcel shall include no more than a single driveway unless the parcel has more than one hundred (100) feet of contiguous street frontage or more than one (1) existing driveway. Any new driveway shall satisfy the following requirements:

1. A minimum width of ten (10) feet up to a maximum width of eighteen (18) feet. Driveways in the Hillside Residential (HR) zones shall have a minimum width of twelve (12) feet;

2. A minimum depth of eighteen (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 one hundred (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 fifteen (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 (2) dwelling units in a side-by-side or front-to-back configuration within the same structure or one (1) 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 one thousand two hundred (1,200) square feet.

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

4. When a two-unit housing development is proposed and the existing structures are at or below the maximum allowed floor area, a ten (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 one thousand two hundred (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 fifty (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 slopes exceeding thirty (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 (5) feet in height and shall not run in a straight continuous direction for more than fifty (50) feet without a break, offset, or planting pocket. Retaining walls shall have a five-foot landscaped buffer when adjacent to the street;

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

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 (1) 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 (1) or more car-share vehicles within one (1) 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, no

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

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:" 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 (3) 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 (6) feet and a minimum width equal to twenty-five (25) percent of the linear width of the front elevation; e. Second story setback. The interior side and rear elevations of the second story of a two-story primary dwelling unit shall have a minimum setback of nine (9) feet; f. Garages. Street-facing attached garages shall not exceed fifty (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 ten (10) feet as measured from finished floor, and when above the first floor the plate height shall be limited to a maximum of eight (8) feet; and
h. Windows. All second story windows less than ten (10) feet from rear and interior side property lines shall be clerestory with the bottom of the glass at least six (6) 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. Vinyl siding; and

2. Plywood.

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

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 (4) units, with a maximum of two (2) primary dwelling units, on lots that have not undergone an urban lot split.
b. Accessory dwelling units. In addition to the two (2) residential units allowed under this section, consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code, one (1) accessory dwelling unit and one (1) 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 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 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 (3) 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.

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

(4) Exceptions. If any of the provided zoning standards, 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.
(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2351, § III, 11-21-23; Ord. No. 2359, § IV, 5-21-24) Sec. 29.10.640. Application process for two-unit housing development.

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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § V, 5-21-24)

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

Sec. 29.10.650. Subdivision standards.

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 one thousand two hundred (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, 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:

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

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 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;
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:

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24) Sec. 29.10.660. Application process for urban lot splits.

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 twounit 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. (Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24)

ITEM NO. 13.

Created: 2026-01-12 11:33:34 [EST]
(Supp. No. 98)

Sec. 29.10.670. Sunset clause.

If SB 9 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of California, this division shall be repealed."
(Ord. No. 2334, § 2, 11-15-22)

ITEM NO. 13.

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ITEM NO. 13.

TOWN CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. – IN GENERAL
DIVISION 1. - MISCELLANEOUS
[…]
Sec. 29.10.020. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:
[…]
Hillside Area means all properties zoned Hillside Residential or properties located within the Hillside Area Map of the Town’s Hillside Development Standards and Guidelines. […]
Landscaping means an area devoted to plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials.
[…]
ARTICLE IV. – RESIDENTIAL ZONES
DIVISION 1. – GENERALLY
[…]
Sec. 29.40.070. Projections allowed into yards.
(a) A porte cochere may be permitted over a driveway in a side yard, provided that it is not more than one (1) story high and twenty-four (24) feet long, with supporting columns a minimum of three (3) feet from the side lot line with a maximum eave length of twelve (12) inches, and is entirely open on at least three (3) sides, except for the necessary supporting columns and customary architectural features. (b) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys or other similar architectural features may extend or project into a required side yard not more than twenty-four (24) inches and may extend or project into a required front or rear yard not more than thirty (30) inches. (c) Open, unenclosed pPorches, patios, or decks, platforms, balconies, and other open, unenclosed areas, not covered by a roof or canopy:
(1) not covered by a roof or canopy, lessLess than one (1) foot above grade, may project into front, side or rear yards. The maximum projection into the front or street-side yard shall be six (6) feet, and in no case shall the projection be closer than ten (10) feet from a front or street-side property line. (2) Less than four (4) feet above grade may project into front, side or rear yards or into any court up to six (6) feet. In no case shall the projection into a side or rear yard be closer than six (6) feet to the property EXHIBIT 5

ITEM NO. 13.

TOWN CODE
Chapter 29 - ZONING REGULATIONS
line, or into a front or street-side yard be closer than ten (10) feet from the property line, or into a court exceed a distance of more than twenty (20) percent of the width of such court. (1)
(d) Open, unenclosed porches, not covered by a roof or canopy, less than four (4) feet above grade may project into front, side or rear yards or into any court up to six (6) feet; but in no case shall the projection into a side yard be closer than six (6) feet to the property line or into a court exceed a distance of more than twenty (20) percent of the width of such court.
(e) Open, unenclosed balconies, not covered by a roof or canopy may project into a front or rear yard up to six (6) feet.
[…]
Sec. 29.40.080. Objective Design Standards for New Single-Family and Two-Family Residential Dwelling Units and Second Story Additions.

Sec. 29.40.085. – Purpose and applicability.

The purpose of these Objective Design Standards is to ensure that new single-family and two-family residential dwelling units and second-story additions meet minimum design standards to maintain privacy and neighborhood compatibility with surrounding use(s). These standards apply to both ministerial and discretionary application types for any new single- or two-family residential dwelling unit(s), whether attached or detached, new second story, or an addition to an existing second-story.

These standards are subject to the following application types, and are in addition to other, existing Town standards:

Ministerial Applications: Projects invoking a ministerial approval process for a new residential dwelling unit (such as two-unit housing developments) shall comply with these standards except to the extent that State law requires minimum unit sizes of 800 square feet, pursuant to Government Code Section 65852.21(b)(1).

Discretionary Applications: In addition to these standards, discretionary applications (architecture and site and minor residential project applications) are also reviewed for compliance with the Town’s Single and Two Family Residential Design Guidelines and Hillside Development Standards and Guidelines (when applicable) by the Town’s Consulting Architect, and/or the Historic Preservation Committee, depending on if the existing structure or property is considered historic. Projects proceeding with an architecture and site application may request exceptions from these standards during the discretionary review process, pursuant to Town Code Section

29.40.100.

Sec. 29.40.090. – Objective Design Standards – Site Planning and Architectural Details.

The following objective design standards apply to all new residential dwelling units, new second floors, and second floor additions, as discussed in Town Code Section 29.40.085 above. Hillside Area standards listed within are in addition to the other standards listed.
(1) Building sites. The footprint of the proposed residential units(s) and garage(s) shall not be located on lands with slopes exceeding thirty (30) percent.
(2) Site grading. In the Hillside Area, site grading shall not be larger than the area of the footprint of the house, driveway, parking, and vehicular turnaround areas.

ITEM NO. 13.

TOWN CODE
Chapter 29 - ZONING REGULATIONS
(3) Material changes. Exterior material and siding changes shall occur at the inside corner of two walls and not the outside corner. See Section 3.8.4 of the Town’s Single and Two Family Residential Design Guidelines for an example diagram.
(4) Exterior materials. For properties in the Hillside Area, exterior material colors for dwelling units and garages shall comply with the requirements in Chapter V, Section I, Standard 2 of the Town's Hillside Development Standards and Guidelines for maximum light reflectivity value (LRV). (5) Mechanical equipment screening. 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.

Sec. 29.40.095. – Objective Design Standards – Massing and Privacy.

The following objective design standards apply to all new residential dwelling units, second floors, and second floor additions, as discussed in Town Code Section 29.40.085 above. Hillside Area standards listed within are in addition to the other standards listed.
(1) Porches, patios, decks, platforms, balconies, and other open, unenclosed areas, with or without a roof or canopy cover.
a. See Town Code Section 29.40.070 for projection allowances for unroofed areas under four (4) feet in height.
b. If four (4) feet above grade or greater, including rooftops, the underlining setbacks of the zone shall be met, and in no case shall they be located less than twenty (20) feet from a rear property line and ten (10) feet from any other property line. Additionally, each area shall also include a minimum of one of the following screening techniques along the entire portion of the open area that faces existing residential use(s) or zone(s). The additional screening techniques are not required when these open areas are proposed facing a public right-of-way.
i. Solid or opaque privacy wall of at least six (6) feet in height, blocking direct visibility along the edges of the deck or open area; or
ii. Property line fence of at least six (6) feet solid material with one (1) foot lattice above (seven (7) feet high in total) and privacy landscape screening consisting of native, evergreen species. Trees are to be a minimum of twenty-four (24) inch box size, shall be a minimum of six (6) feet tall at the time of planting, with a typical mature height of at least twenty-five (25) feet and mature canopy width of fifteen (15) feet, and planted at a rate of one (1) tree for every twenty-five (25) linear feet between.

Three closely spaced tall screening shrubs of at least fifteen (15) gallon in size with a mature height of at least fifteen (15) feet and a mature width of at least three (3) feet may be substituted for one screening tree. Both fencing and landscaping shall be placed at the shared property line, with a cone-of-vision defined by a thirty (30) degree angle from the furthest edges of the deck or open unenclosed area.
(2) Windows. All second-story windows less than twenty (20) feet from a rear property line or ten (10) feet from any other property line, and all first-story windows less than six (6) feet from a property line where the finished floor is three (3) feet or more above grade, shall comply with at least one of the following. This standard does not apply to windows facing a public right-of-way. a. Clerestory, with the bottom of the glass at least six (6) feet above the finished floor; b. Opaque glazing, blocking direct visibility; or
c. Property line fence of at least six (6) feet solid material with one (1) foot lattice above (seven (7) feet high in total) and privacy landscape screening consisting of native, evergreen species. Trees are to be

ITEM NO. 13.

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Chapter 29 - ZONING REGULATIONS
a minimum of twenty-four (24) inch box size, shall be a minimum of six (6) feet tall at the time of planting, with a typical mature height of at least twenty-five (25) feet and mature canopy width of fifteen (15) feet, and planted at a rate of one (1) tree for every twenty-five (25) linear feet between.

Three closely spaced tall screening shrubs of at least fifteen (15) gallon in size with a mature height of at least fifteen (15) feet and a mature width of at least three (3) feet may be substituted for one screening tree. Both fencing and landscaping shall be placed at the shared property line, with a coneof-vision defined by a thirty (30) degree angle from the side window jamb. (3) Second story location. A new second story, whether a new second-floor added above an existing single-story structure, addition to an existing second-floor, or new two-story structure, shall meet the underlining setbacks of the zone, and in no case be less than eight (8) feet from a property line. (4) Plate height. For two-story homes, the maximum plate height of the first floor shall be limited to ten (10) feet, and the maximum plate height of the second floor shall be limited to eight (8) feet. (5) Two-story articulation. A new second-story which is not stepped-back from the single-story wall below and creates a two-story wall shall include at least one of the following to provide visual relief along that twostory wall:
a. Bellyband extending the full width of the two-story elevation; b. Projections or bay windows;
c. Material and color changes;
d. Chimneys;
e. Overhangs with projecting brackets;
f. Juliet balconies;
g. Window boxes; or
h. Landscaped trellis or lattice.

Sec. 29.40.100. – Exceptions. (findings and considerations) An exception to any of these Objective Design Standards for New Single-Family and Two-Family Residential Dwelling Units and Second Story Additions may be granted if the project is submitted as a discretionary architecture and site application. Criteria to be considered by the applicable deciding body when reviewing an objective design standard exception include compliance with the Town’s Single- and Two-Family Residential Design Guidelines, Hillside Development Standards and Guidelines (when applicable), neighborhood compatibility, and neighboring privacy protections.
[…]
Secs. 29.40.080105—29.40.150. - Reserved.
[…]

ITEM NO. 13.

TOWN CODE
Chapter 29 - ZONING REGULATIONS
DIVISION 2. RC OR RESOURCE CONSERVATION ZONE
[…]
Sec. 29.40.170. Development standards.
(a) Height. The maximum height of any principal building in a RC zone is eighteen (18) feet unless a Visibility Analysis is provided pursuant to Chapter II, Section B of the Town’s Hillside Development Standards and Guidelines, demonstrating that the proposed building(s) is not visible from any of the Town’s established viewing platforms, in which case the maximum height is thirty twenty-five (3025) feet. The height shall be measured as provided in section 29.40.045 and is subject to the exception listed in section 29.10.090. […]
DIVISION 3. – HR OR HILLSIDE RESIDENTIAL ZONE
[…]
Sec. 29.40.275. - Height.

The maximum height of any principal building in an HR zone is eighteen (18) feet unless a Visibility Analysis is provided pursuant to Chapter II, Section B of the Town’s Hillside Development Standards and Guidelines, demonstrating that the proposed building(s) is not visible from any of the Town’s established viewing platforms, in which case the maximum height is thirty twenty-five (3025) feet. The height shall be measured as provided in section 29.40.045 and is subject to the exception listed in section 29.10.090. […]
DIVISION 4. R-1 OR SINGLE-FAMILY RESIDENTIAL ZONE
[…]
Sec. 29.40.410. Height.

The maximum height of any principal building in a R-1 or single-family residential zone is thirty (30) feet. For properties located within the Hillside Area, the maximum height of any principal building is eighteen (18) feet unless a Visibility Analysis is provided pursuant to Chapter II, Section B of the Town’s Hillside Development Standards and Guidelines, demonstrating that the proposed building(s) is not visible from any of the Town’s established viewing platforms, in which case the maximum height is thirty (30) feet. The height shall be measured as provided in section 29.40.045 and is subject to the exception listed in section 29.10.090. […]

ITEM NO. 13.

TOWN CODE
Chapter 29 - ZONING REGULATIONS
DIVISION 7. R-1D OR SINGLE-FAMILY RESIDENTIAL DOWNTOWN ZONE […]
Sec. 29.40.745. Height.

The maximum height of any building in a R-1D or single-family residential downtown zone is thirty (30) feet.

For properties located within the Hillside Area, the maximum height of any principal building is eighteen (18) feet unless a Visibility Analysis is provided pursuant to Chapter II, Section B of the Town’s Hillside Development Standards and Guidelines, demonstrating that the proposed building(s) is not visible from any of the Town’s established viewing platforms, in which case the maximum height is thirty (30) feet. The height shall be measured as provided in section 29.40.045 and is subject to the exception listed in section 29.10.090. […]

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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Kendra Burch, Chair
Jeffrey Barnett, Vice Chair
Adam Mayer
Joseph Sordi
Rob Stump
Emily Thomas
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405

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P R O C E E D I N G S:

CHAIR BURCH: We will now move on to Item 4,
forward a recommendation to the Town Council on an
ordinance amending Chapter 29, Zoning Regulations, of the Town Code regarding Objective Design Standards for singlefamily and two-family residential dwelling units and second story additions.

The proposed amendments to the Town Code are not
subject to CEQA pursuant to CEQA Section 15061(b)(3),
because it can be seen with certainty that they do not
significantly affect the physical environment and that they make minor changes to the regulations and design review process applicable to new single-family and two-family
residential dwelling units and second story additions.

Town Code Amendment Application A-26-003. The
project location is Town Wide. The Applicant is the Town of Los Gatos. Mr. Safty, will you be giving us the Staff
Report this evening?
RYAN SAFTY: I sure will. Thank you, and good
evening, Commissioners. Before you this evening is a
proposed new ordinance amending Chapter 29 of the Town Code regarding new Objective Design Standards for single- and two-family residential projects and second story additions.

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A little background to why we’re here. Back in
2021 Senate Bill 9 was first adopted, which required
administerial approval to two-unit housing developments and urban lot splits on single-family zoned properties.

Previously, SB 9 allowed jurisdictions to adopt
Objective Design Standards specific to those SB 9
applications, so long as they would not preclude the
construction of two 800 square-foot units.

As SB 9 allowed reduced side and rear setbacks of
4’ and no discretionary review, the Town previously had adopted a fair amount of Objective Design Standards
specific to SB 9 units in an attempt to protect neighbor privacy, to somewhat control neighborhood massing, and
enforce some of the Town’s Design Guidelines.

However, in 2025, Senate Bill 450 was adopted,
which updated the allowances of SB 9. The most impactful is that the Town is now prohibited from applying specific
Objective Design Standards for SB 9 projects that do not already apply uniformly to the development in the
underlying zoning district for all application types.

Essentially, if that rule doesn’t exist for an Architecture and Site Application, it can’t exist for an SB 9
application.

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As a result, many of the Town’s existing SB 9
design standards are no longer enforceable, and I’ve
provided a strike-out of our current ordinance in Exhibit 2; you’ll see essentially every design standard is gone right now.

Based on research done on other neighboring
jurisdictions, along with some feedback from the design community via a meeting we held, as well as the public just during these last five years, Staff is recommending the creation of new Objective Design Standards to be applicable across the board for all new single-family and two-family projects as well as second story additions.

The majority of these new design standards stem
from the Town’s existing SB 9 Ordinance, as well as our existing Design Guidelines. As noted in the Staff Report and the Draft Ordinance in Exhibit 5, ministerial SB 9
applications would be required to comply with all these new requirements with no exception process. So, essentially, you meet everything listed here via SB 9, you can build via SB 9. The applicants proposing a new house via Architecture and Site Application can simply request an exception to any of these new standards.

Essentially, the exception process would be tied
to…the findings to be made would be whether or not the

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project is compatible with our Residential Design
Guidelines, so what we’re used to seeing. Essentially, the thought is not to really change the Architecture and Site process.

As with any new ordinance, Town Council is
required. Tonight the Planning Commission is simply
reviewing and forwarding a recommendation on to the Town Council.

This concludes Staff’s presentation. I’m happy to
answer any questions. Let me know how I can help.

CHAIR BURCH: Thank you. Commissioner Stump.

COMMISSIONER STUMP: I just want to ask about
process. I realize we may be doing a page turn. I’ve got some specific questions that dive back into the Staff
Report but may overlap into the page turn, so I just wanted to ask you, Chair, how you would like to handle that?
CHAIR BURCH: Great question, thank you. My
intent had been, yes, questions of Staff now, Staff Report, and if they overlap, they overlap, Commissioner Stump, and then yes, I was going to just recommend that we go sectionby-section or page-by-page and see if there are some specifics in here, but if you’ve got questions of the Staff Report and they overlap, we’ll just deal with it. Go ahead.

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COMMISSIONER STUMP: First I just want to
compliment you on great work. This is very tedious, and yet it’s something that is really needed, and I realize it’s somewhat mandatory and we need to make sure that we’re
clear with our Objective Standards and that we can stand behind them.

On page 3 of the Staff Report it states that
Staff met with the local architect and the design community to discuss changes to the State law. I’m just interested, how much of their feedback—and it may be a difficult thing for you to respond to, but obviously it’s great that we talked to them—what of their feedback made it into some of these changes?
RYAN SAFTY: Thank you for that question. I will
admit this is probably going to be an evolving process. We did actually get some public comment right after the cutoff from one of the members of the architect community that we met with.

Essentially, the feedback was, as you would
expect, don’t create new standards. So, we can’t not do that, but then it was they’re giving us kind of their
overview of how they’ve seen other jurisdictions work with these standards, and it’s that less is more.

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The jurisdictions are trying to really limit
design, architectural style, porch depths, gable widths; those are just really getting super tedious and it’s really challenging for the architects.

They also made it very clear that if there is
going to be a new standard, they love the options for
compliance versus the one standard. So, we did, on both of the “new” standards we created that’s really tied to the second story windows and the decks; those both have
compliance options. We tried to at least give them those options that they asked for, but like you mentioned, we have a need to create some standards, so this felt like a nice middle ground where, unlike some of the other
jurisdictions, we didn’t go and recreate the wheel, but we’re still trying to protect privacy that the community and Los Gatos is used to seeing.

COMMISSIONER STUMP: I have two more questions,
but feel free to cycle me in and cycle me out if others have questions as well.

CHAIR BURCH: Does anyone else a question really
quick?
COMMISSIONER THOMAS: I just had a question about
process, and that was do we need to make a motion when

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we’re ready, just to clarify how we’re going to move
forward with it.

ATTORNEY WHELAN: I recommend that the Commission
ask all its questions, and then once the questions have been answered, then someone make a motion, and then
discussion can follow the motion.

CHAIR BURCH: I’ll go Vice Chair, Commissioner
Sordi, and then back to Commissioner Stump.

VICE CHAIR BARNETT: I only had one question and
it relates to page 137, if I could trouble you to go there.

Section 29.40.095(1)(b) offers two options for screening, which to me seemed inconsistent. So (b)(i) allows a 6’
solid or opaque privacy wall, but Item 2 requires a 6’
fence plus 1’ lattice of 7’ total, and landscaped
screening, including trees at least 6’ high at the time of planting and screening, and additional shrubs. My question is why is it so onerous as an option, the second option? RYAN SAFTY: Thank you for that question. The
first option, Option (i), is actually a… Imagine a railing on the deck that’s solid and 6’ tall, while the other one is a property line fence. Does that make sense? So, a
second story deck where you’ve got a 6’ wall and there is no way you can look through that neighbor’s property. The other one is down on the property line.

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VICE CHAIR BARNETT: I see, okay. I didn’t see
that distinction, but now it’s clear. Thank you.

CHAIR BURCH: Commissioner Sordi.

COMMISSIONER SORDI: Back to general type
questions. I know our Residential Design Guidelines are a little on the old side, and in many instances subjective, and I guess my question is I understand this is a little bit apples and oranges, because the design standards are an ordinance, and the Design Guidelines are guidelines, but my specific question is, is there any amendment or repeal or anything happening to the Residential Design Guidelines? Is it affected in any way for all practical purposes?
RYAN SAFTY: Not a part of this process, no. I am
not aware of any other reason to why we’re amending these Design Guidelines.

COMMISSIONER SORDI: And then a quick follow-up
on that. I noticed, if I read the Staff Report right, that there are some Residential Design Guidelines, and maybe even Hillside Standard Design Guidelines, that are being copied into this ordinance. 311.2, 38.4, and 3.3.3 are the ones I picked up on. Is that true, and is that because
they’re just really good Objective Standards?
RYAN SAFTY: Currently, they’re Design
Guidelines, and so currently they cannot be enforced on

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these SB 9 projects unless they are objectified into Town Code. There are two options. We could take our Design
Guidelines and put everything into Town Code, but that
didn’t seem appropriate if you look at everything in our Design Guidelines, so we took the ones that we felt were important and that we wanted to apply to all of these
ministerial projects.

COMMISSIONER SORDI: Thank you.

CHAIR BURCH: Commissioner Stump.

COMMISSIONER STUMP: One page 4 there is a
discussion on neighborhood privacy, and boy, do we get a lot of questions about privacy. My general question is
related to porches, patios, decks, and balconies, and there were a couple of other items. In general, how will the new Objective Design Standards better protect privacy? What are we building in?
RYAN SAFTY: I’m almost hesitant to say this
right now, but to let you know what SB 9 currently allows is a two-story building right at the 4’ side and rear
property line with a deck as big as you want, with as many windows as big as you want, and we’ve got neighbors coming in crying foul, and we have to tell them sorry. So, this is we need to get something in place to protect them. To

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answer the question, there is nothing currently. This is something.

COMMISSIONER STUMP: But what is being put into
the new ordinance will?
RYAN SAFTY: Yes, so the “something” that we’re
proposing, all these new standards would be applicable to SB 9 projects, yes.

COMMISSIONER STUMP: Thank you.

CHAIR BURCH: Commissioner Thomas.

COMMISSIONER THOMAS: Just to clarify, follow-up
with that, they’re applicable to any project that is a
single-family?
RYAN SAFTY: Part of the challenge with SB 450 is
we can only make a rule for SB 9 if that rule applies to everybody else, every application type, and that is why we have that exception process, so that the current people going through the Architecture and Site process aren’t
having to change everything they’re doing.

COMMISSIONER THOMAS: Right now, we do have these
guidelines, and just as an example right now, like earlier, there was some zoning stuff too, but mainly it was about Residential Design Guidelines with regard to privacy, so this actually codifies some privacy for everyone, correct?

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RYAN SAFTY: Correct, and again, we would still
use all the Residential Design Guidelines and all the
Hillside Design Guidelines for those discretionary
applications in addition to these codified Objective Design Standards.

COMMISSIONER THOMAS: Just a question about
process. If someone has a current application that is being processed, and changes are made to Town Code, is it when they put in their application, or is it when… Where are they locked in, I guess is my question?
ATTORNEY WHELAN: From my perspective, it depends
when they vested, and so it would depend on if they were an SB 330 or if they were seeking a Vesting Tentative Map, and if they haven’t vested to existing standards, then they’ll be subject to new standards as they come online.

COMMISSIONER THOMAS: What about just generic or
(inaudible) applications?
ATTORNEY WHELAN: In my opinion, they haven’t
vested until they’ve obtained a Building Permit and
performed substantial work and reliance on that Building Permit.

COMMISSIONER THOMAS: So, then I want to make a
statement that knowing that some changes are likely to come online in the middle of some of these projects, it might be

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helpful to make sure that in the Staff Reports in the
process if people… I don't know if there’s a way for us to avoid all of a sudden triggering a bunch of new projects coming to the Planning Commission just because of a couple of exceptions if they’re already so far in the process and they’ve been processed with Staff.

RYAN SAFTY: Just to clarify one thing. Not all
Architecture and Site Applications come to the Planning Commission. In fact, I think most go to the DRC, so Staff is not anticipating an influx of Planning Commission Staff Reports based on this.

DIRECTOR PAULSON: In addition, through the
Chair, we’ll still have our standard Architecture and Site process, so anyone who is in that process, we look at all the Subjective Standards. They’ll have these new Objective Standards, but as was stated previously, there will be an exception process, but they’re already in the A&S process.

This is really going to be something we’ll have to look at with SB 9 applications that are submitted or in process prior to any new code going into effect.

COMMISSIONER THOMAS: Thank you. I just didn’t
want you guys to all of a sudden have to do a bunch of
additional Staff Reports and have a bunch of additional meetings just because (inaudible), but if there is the

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discretion to be able to push those along that are farther in the process, it’s good news.

CHAIR BURCH: Commissioner Sordi.

COMMISSIONER SORDI: Just another clarifying
question about process. It just occurred to me we never see SB 9 applications, because they’re ministerial. I guess my first question is do they automatically go through the
same… Like, do they get sent out to Cannon Design Group or comment letters or anything like that? They don’t. They don’t go through that process at all.

So, the process is going to continue to be
different. For example, for single-family homes that make it to us, we almost always see a letter from Cannon. Is this changing that process in any way, or it would still be the same?
RYAN SAFTY: It will continue happening. In fact,
you’d essentially rely more on Cannon’s letter if the
findings for an exception are compliance with the
Residential Design Guidelines. There is no plan to change what we do with our consultant for these discretionary
applications.

COMMISSIONER SORDI: So, the way we process the
single-family residence is not always going to be the exact way we process SB 9, it just so happens that we’re

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tightening up the Objective Standards and that’s it; the process is still very different.

RYAN SAFTY: It really depends on the process the
Applicant chooses to go through.

DIRECTOR PAULSON: Through the Chair. Think about
it as SB 9s are basically a Building Permit, so we don’t go through Cannon, we don’t go through all of the other
external stuff we do for Architecture and Site. We just have a planning process before you go, because with many other jurisdictions SB 9 just goes straight to Building Permits, and so we’re trying to build in some standards that need to apply now to other single-family homes that still have the option to go through discretionary review, so SB 9 is kind of its own animal, and we’re trying to
create some opportunity to address impacts that we’re
hearing about often, such as privacy.

CHAIR BURCH: Commissioner Stump.

COMMISSIONER STUMP: Thank you. This is a followup to Vice Chair Barnett’s inquiry about Section 29.40.095 at the bottom of page 6 of the Staff Report. I knew exactly what he was talking about. There is this solid or opaque privacy wall of at least 6’, and I understand that’s
attached to a deck. Then the other is a 6’ solid fence with a 1’ lattice on top. How does this apply in the hillside?

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How does this particular portion of the code apply in the hillside?
RYAN SAFTY: That is the thing with options at
the end of the day. Right now, all options are going to work for every single project. Planning Manager, correct me if I’m wrong, but yes, I don’t believe every hillside
project would be able to meet this. There are rules on if you’re over an acre I believe you have to do wildlifefriendly fencing, so then Option (ii) would work for you, and you’d have to do the other option or you’d have to
submit an Architecture and Site Application.

COMMISSIONER STUMP: I would even say with
privacy screening, because you may live in a bloody forest up on the hillside, and then they’re being told now you have to plant all these trees, and so I’m assuming there is going to be some amount of just discretion used as it
relates to hillside.

SEAN MULLIN: You make the good point. The catch
here is if they choose to take advantage of the privileges that the State has provided through SB 9, then they would need to comply with the Town’s objective code. If they were vehemently against that, they can choose to go through the Architecture and Site process. So, we’re not saying no, we’re not putting up a barrier to anything, we’re just

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being consistent across the board. If they want the Town’s Staff and potentially hearing body to have the ability to operate with some discretion and consider site-specific unique situations where this doesn’t make sense, then the Architecture and Site process would allow them that
opportunity, whereas if you’re taking advantage of SB 9, you have to do this.

COMMISSIONER STUMP: By the way, that explanation
was very helpful. Thank you.

CHAIR BURCH: Any further questions of Staff?
Vice Chair Barnett.

VICE CHAIR BARNETT: Can you remind me what the
second-floor setback is? I thought I saw 8’.

RYAN SAFTY: We’re proposing 8’, correct, from
the side and rear.

VICE CHAIR BARNETT: And that would apply to
second stories on SB 9 units?
RYAN SAFTY: Across the board. That would mean if
you’re trying to build a two-story SB 9 unit, you’re either kicking the whole building out 8’ from the side and rear property line, or you have that 4’ substantial setback of your second story.

VICE CHAIR BARNETT: Okay, I think I understand
that.

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CHAIR BURCH: Any further questions of Staff? The
last time we went through an ordinance, I just went
section-by-section. I want to double check, knowing that that’s then internal discussion on this, does somebody need to make a motion and then we launch into that?
DIRECTOR PAULSON: Through the Chair, before we
get that far, maybe we should see if anyone wants to speak on the item.

CHAIR BURCH: I will. I just was organizing
myself here a little bit before we jump on into that. Am I planning that accurately though?
ATTORNEY WHELAN: Yes. The motion could be to
recommend that the Town Council introduce the ordinance, and then as you go through it, you may want to note changes that you would recommend.

CHAIR BURCH: Okay. Making notes for myself as we
get there. All right, so opening the public portion of the hearing, I do not have any speaker cards for this item. Is there anyone on Zoom, Mr. Paulson?
DIRECTOR PAULSON: There is, but no hands are
raised.

CHAIR BURCH: To the person on Zoom, if you are
interested in speaking on this topic, could you please
raise your hand. They may just be listening. All right.

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DIRECTOR PAULSON: Chair, we do have a hand
raised now.

CHAIR BURCH: Okay.

DIRECTOR PAULSON: Rebecca.

CHAIR BURCH: Rebecca. Thank you. Rebecca, can
you hear us?
REBECCA POLLARD: Yes, I can hear you. Thank you.

Rebecca Pollard here, representing Terry Martin Architects.

I just wanted to say I really appreciate the efforts that Los Gatos and the Planning Department have gone to to loop in the local design community. Obviously, I can’t speak for everyone, but I do feel very heard. The summary set of our general objections and points was well made. I am very
interested to see how smoothly this transition goes, and I wanted to thank you for going through this process and am excited to see where it goes.

CHAIR BURCH: All right, thank you. Are there any
questions for the speaker? Seeing none, thank you. I do not believe that there are any other speakers on this topic, so I will close the public part of this particular item, and if I understood properly, someone needs to venture a
motion. Commissioner Stump.

COMMISSIONER STUMP: I move that the Planning
Commission forward a recommendation to the Town Council on

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an ordinance amending Chapter 29, Zoning Regulations, of the Town Code regarding Objective Design Standards for
single-family and two-family residential dwelling units and second story additions.

The proposed amendments to the Town Council are
not subject to CEQA 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 and design review process applicable to new single-family and two-family
residential dwelling units and second story additions.

Project location: Town wide. Applicant: Town of
Los Gatos.

Findings: I can make the required finding that
the proposed amendments are not subject to CEQA review
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 and design review process applicable to new single-family and two-family residential dwelling units and second story additions.

I can also make the required findings that the
amendments to Chapter 29 of the Town Code regarding these new Objective Design Standards applicable to new singlePage 389 ITEM NO. 13.

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family and two-family residential dwelling units and second story additions are consistent with the General Plan.

CHAIR BURCH: Thank you. Is there a second?
Commissioner Thomas, go ahead.

COMMISSIONER THOMAS: I’ll second the motion.

CHAIR BURCH: All right, so let’s move into
discussion. My intention, as I said earlier is to go
through this section-by-section, as we’ve done on previous similar topics. I would ask, I guess, as we go into a
section, anyone who has comments or questions in that
section, raise your hand, and then I will just go down the row. That way, I want to make this orderly for Staff,
unless there is a way that you would rather we do this.

RYAN SAFTY: Just to clarify, we’re going through
Exhibit 5 or the Staff Report? Staff’s preference would probably be Exhibit 5, if you don’t mind.

CHAIR BURCH: I was going through Exhibit 5, yes.

Sorry, I should have said that. I guess I was going to
quickly ask, obviously, there is a section that a number of items have been lined out, as Mr. Safty had said before.

Are there any questions about that particular section in Exhibit 4 before I jump into Exhibit 5? Okay, I didn’t
think so. All right, so I will jump into Exhibit 5, Section

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29.10.020: Definitions. Does anyone have any comments or questions on this particular section? None.

All right, 29.40.070: Projections Allowed Into
Yards. Any questions or comments on this section? All
right.

29.40.170: Development Standards. Are there any
questions or comments on this section? All right.

SEAN MULLIN: Through the Chair, I think you
skipped a few sections. I think the next section would be

29.40.080: Objective Design Standards for New Single-Family and Two-Family Residential Dwelling Units and Second Story Additions.

CHAIR BURCH: Okay, then I’m going to take a
second, because I’m going to hope I didn’t accidently print the wrong… You’re right, so 29.40.080: Objective Design Standards for New Single-Family and Two-Family Residential Dwelling Units, and then in Subsection 29.40.085: Purpose and Applicability. Are there any comments? Commissioner Stump.

COMMISSIONER STUMP: Not a comment, but a
question, and maybe I was having a bad day, but under
Ministerial Applications I just did not understand this section completely, especially when it says, “except to the extent that State law requires minimum unit sizes of 800

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square feet.” I don’t even know how to begin to ask my
question about not understanding it.

RYAN SAFTY: Why don’t I offer to summarize what
the intent is and what it’s saying? Again, it’s stating that for Ministerial applications you have to comply with every single one of these standards. That second line of the sentence, that caveat, is essentially just what SB 9 says, that if any of these standards are going to say you can’t build two 800 square-foot units, we have to make
exceptions to these standards just to make sure we comply with SB 9.

COMMISSIONER STUMP: Thank you.

CHAIR BURCH: All right, 29.40.090: Objective
Design Standards-Site Planning and Architectural Details.

Are there any questions or comments on this section?
Commissioner Thomas.

COMMISSIONER THOMAS: Thank you. So, this is
applied to all new residential dwelling units and second story additions, but… I’m sorry, I originally read it and I thought it was only to like two-story things, the way it was originally written, and I was very confused why it
would be that, but never mind.

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CHAIR BURCH: I do have a quick question on the
mechanical equipment screening. Is there another section somewhere that talks about what those materials would be? RYAN SAFTY: There isn’t, but that can be part of
your recommendation. Just for clarity, that’s standard… It’s been in our ordinance for a little bit now. It came out of a Town Council request.

CHAIR BURCH: I’ve brought it up before actually.

RYAN SAFTY: Yes, so if you wanted to recommend
some specifications, Staff is happy to take those.

CHAIR BURCH: Yes, I guess I would. I think we’ve
all seen where they’ve used like the green construction fencing or something, a material like that, around
mechanical screens, which breaks down through weather and wind. I would advise against a material that is subject to that kind of breakdown through weather, and I would perhaps write something that the materials used are sensitive to the materials on the base building, because I’ve also seen where somebody just put a sheet metal, bright, shiny thing around it and called it a mechanical screen, and it was worse than the equipment.

DIRECTOR PAULSON: Just for clarification, you’re
looking at number (5) here?
CHAIR BURCH: Correct.

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DIRECTOR PAULSON: It says it has to be either
out of view behind a building or with a solid fence. I
think it’s also—and I don’t think you’re trying to mix up the two—but we run into this issue more often on the
commercial side where we’re talking about rooftops.

Typically, in the residential setting we’re not seeing that for single-family and two-family homes, so I’d be
interested…
CHAIR BURCH: I have. I guess I’m bringing it up
because I spend a lot of time working in a city on the East Bay, and recently I saw a few things.

DIRECTOR PAULSON: Well, let’s not bring those
ideas to the Town.

CHAIR BURCH: So, I don't know, I guess I was
just trying to put in like a safety guard that if you’re going to go an inexpensive way of adding a unit, sometimes they do like a subset, like a sunken roof or something
that, we just make sure it’s not a material that’s going to be materials broken down by weather. Commissioner Thomas.

COMMISSIONER THOMAS: I propose that because this
is specifically for residential that we just propose that behind a building or solid fence of material already in on that plane, I don't know, something more specific, but like a material that is already being used on that property.

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SEAN MULLIN: Through the Chair, the comment is
taken and we will take a look at what… We also have to be careful about making sure that it is objective, so we’ll take a look at that and draft something appropriate.

CHAIR BURCH: Okay. Anything else on that
section? Then let’s go to 29.40.095: Massing and Privacy.

Any questions? Commissioner Stump.

COMMISSIONER STUMP: I do have a question on
(1)b, and it talks about rear property line 10’ from any other property lines. I’m assuming, is that side setbacks too, 10’?
RYAN SAFTY: Yes. It’s going to be 20’ from the
rear, 10’ from any other. There are going to be certain instances with SB 9 flag lots where you’re front setback is 4’, and so every time you see essentially a provision
saying in no case shall it be closer than 6’ from a
property line, 10’ from a property line, a lot of times those are for these flag lots being created via SB 9.

COMMISSIONER STUMP: Do we expect to get more
exemptions requested because of this, particularly in R1:8? I mean, I’m thinking about Loma Alta, and they’re trying to build literally on the fenceline, just about, with 4’ setbacks and that sort of thing, so we’re really

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now going to say that’s a 10’ setback? I’m just looking for the yes, no.

DIRECTOR PAULSON: This is specific to porches,
patios, decks, platforms and other.

COMMISSIONER STUMP: Oh, it still is. Okay, I’m
sorry.

DIRECTOR PAULSON: And this specific section is
when they’re 4’ or above, so it’s not the actual house. The house is going to be 4’.

COMMISSIONER STUMP: Got it. Great. Thank you.

Missed that one.

CHAIR BURCH: Are there any other questions or
comments for this section, Massing and Privacy? All right, I will move to 29.40.100: Exceptions (Findings and
Considerations). Any questions or comments? Commissioner Thomas.

COMMISSIONER THOMAS: I’m sorry, I missed the
last part, the two-story articulation. There is obviously a-through-h, and not to put Commissioner Mayer on the spot, but I feel like this is an architectural detail thing that when I was reading through I was like… Do you feel like this gets covered appropriately?
RYAN SAFTY: Just to clarify, it’s verbatim from
the Residential Design Guidelines. Staff didn’t make this

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one up, but I’m still happy to hear what Commissioner Mayer has to say.

COMMISSIONER MAYER: Yes.

COMMISSIONER THOMAS: Okay, perfect. Thank you.

COMMISSIONER MAYER: I’m glad you did pull from
the Residential Design Guidelines, because I think those are effective and good for the Town. I know they’ve been around a while, but they’re more subjective, I guess, than objective, and so trying to merge the two in some way I know is a challenge, so it’s good we’re going through this right now.

CHAIR BURCH: Agreed. Thank you. Anything else on
these sections? If not, I will go to 29.40.170: Development Standards, Subsection (a), Height. Any questions or
comments on height? Commissioner Stump.

COMMISSIONER STUMP: Excuse me, were you taking
it for Division 2, Division 3, and Division 4 at the same time?
CHAIR BURCH: No, actually. Thank you for
clarifying; I wasn’t. I was going to go section-by-section just in case, so 29.40.170. Right? Section 29,40.275:

Height. All right, Commissioner Stump.

COMMISSIONER STUMP: That would be me. The
question that I have, and again, it’s just out of interest.

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The height in the hillside has been reduced from 30’ to 25’, while in residential zoning areas I’m assuming it
remains at 30’. What’s the reason for bringing it down to 25’ in the hillside? I can guess, but what’s the rationale? RYAN SAFTY: The Hillside Design Guidelines
actually limit buildings in any property within that
purview to 25’ in height. It’s been a challenge for Staff for some time to explain to somebody that even though the zone says 30’, you’re limited to 25’ and have to get an exception for it. So, essentially everything in all of
these divisions is saying if you’re in the Hillside
Overlay, you’ve still got to meet this visibility analysis and these height restrictions, which is what we already do to these properties. The problem is it’s not objectified, so SB 9 has been getting around it.

COMMISSIONER STUMP: So, this is somewhat
cleaning that up, cleaning an issue up?
RYAN SAFTY: Yes, this is more of a cleanup than
a new standard.

COMMISSIONER STUMP: Thank you.

DIRECTOR PAULSON: I’ll just add that technically
it’s a cleanup, because we’re aligning the Hillside
Guidelines for the hillside area. It’s been helpful in a handful of cases where an existing home is 30’ and they

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want to do an addition, and so they come through for an exception rather than now, with these changes, they are likely to have to go through a variance application.

CHAIR BURCH: That’s good to know. Section

29.40.410: Height, single-family residential zone. And the last section is 29.40.745: Height, downtown zone. Are there any questions or comments?
Are there any discussion points by anyone over
anything that we did not already touch on? All right, we have a motion and a second on the table. Is there anyone that wishes to make a second motion? All right, go ahead, Commissioner Thomas.

COMMISSIONER THOMAS: I do just have a question
about for Division 3 and Division 4. It’s repetitive a
little bit, or redundant, I guess I should say, but it’s worded the opposite. Is there a reason for that, or did that just happen?
RYAN SAFTY: Every single HR property is in the
Hillside Design Guidelines. Not every single R-1 property is in that hillside area, so that was why, so we had to say in the properties like R-1 and R-1D, it’s four properties located in the hillside area, then you meet this. All RC and HR properties are in the Hillside Design Guidelines, so

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we didn’t have to put that caveat of if you’re in the
hillside area.

COMMISSIONER THOMAS: Thank you for that
clarification. I thought that the first one said that it’s 25 unless you’re…and then the other way was written the other way, but it’s not. Thank you.

CHAIR BURCH: Vice Chair Barnett.

VICE CHAIR BARNETT: I understand Staff has taken
note of the recommendation regarding the mechanical
equipment material being durable, but is that appropriate for us to include in the motion?
SEAN MULLIN: Yes, I think you could amend the
motion just to recognize that was the one recommendation we got out of this, and we would forward that to the Town
Council, and then Staff would suggest some language,
because something like “durable,” that’s where the caution comes in; that’s not objective. So, we’ll come up with a measure that addresses that.

CHAIR BURCH: Okay.

VICE CHAIR BARNETT: Okay, so I’d like to propose
that as an amendment.

CHAIR BURCH: Okay, the Maker of the Motion?
COMMISSIONER STUMP: That’s certainly acceptable.

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CHAIR BURCH: All right, and the Seconder of the
Motion?
COMMISSIONER THOMAS: Yes. I’m really sorry
though. I understand it’s my first day of school, and thank you for bearing with me. So, for the height for the second one, it says in which case the height is 30’, but should it be 25’, because those are properties within the hillside area? Or am I really confused about this?
RYAN SAFTY: You’re right. Thank you so much for
making that catch.

COMMISSIONER THOMAS: No problem. I thought I
was… Okay, thank you.

CHAIR BURCH: No, good catch. All right, is there
any further discussion?
COMMISSIONER THOMAS: The last one also says 30’
too, but it should be 25’.

CHAIR BURCH: I’ll ask Staff to check the
numbers.

COMMISSIONER THOMAS: Okay, perfect.

RYAN SAFTY: We’ve got both those noted. Thank
you so much.

COMMISSIONER THOMAS: Thank you. And I obviously,
a friendly amendment, and then I second.

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COMMISSIONER STUMP: And again, just to confirm,
Sections 29.40.410 and 29.40.745 are being changed from 30’ to 25’ in both cases.

CHAIR BURCH: Correct.

COMMISSIONER STUMP: Thank you.

CHAIR BURCH: Anything else? Great. I’m going to
call the question. All in favor?
COMMISSIONER THOMAS: Sorry, I think that we
should make sure… Well, we’re just forwarding a
recommendation?
CHAIR BURCH: Correct.

COMMISSIONER THOMAS: I was just going to say I
didn’t know if we needed to go back to the findings and make sure that they go with everything.

ATTORNEY WHELAN: The findings really only are
important for the quasi-adjudicatory decisions like the appeals.

COMMISSIONER THOMAS: Okay. Thank you for
clarifying that.

CHAIR BURCH: Okay, perfect. So, I’m going to do
it again. I’m going to call the question. All in favor? All right, passes unanimously. Thank you, and since this is a recommendation, there are no appeals.
(END)

ITEM NO. 13.

August 12, 2026
Process:

For projects that are proceeding under a ministerial process, does it mean the application can be submitted to building department directly with all the engineering calculations. Or does it still go thru a 30-days planning ministerial review? Compare to conventional architectural and site review what steps/timing are diGerent? Story pole and public hearing? And do we still have an option for DRC?
Previous SB 9 standards:

Exterior materials – Guidelines for maximum light reflectivity value for properties in the Hillside Area. Does this allow averaging of the LRV among all surfaces, or all surfaces have to be below the LRV?
Second story location – plate height
Instead of restricting the first and second floor plates to be 10ft and 8ft, can we have the options to split the diGerence (such as 9ft and 9ft or 9’-6” on the first floor and 8’-6” on the second floor)? That way home owners can have options to have 7 or 8ft door and window head height on both floors. This will also help with the building proportion and also the privacy window sill requirement.

Design Guidelines Added:

Site Grading:

Site grading is limited to footprint of the house, driveway, parking and vehicular turnaround areas. Can this also include a min 5ft walkway around the house for egress and access? For houses without patios, there needs to be a walkway connecting all the exit doors for egress and fire access. So restricting the grading to just driveway and house footprint doesn’t seem to be enough for min safety.

Two-story Articulation
In addition to the architectural features: would it be possible to allow for two story height wall if it’s less than a certain width? For example say less than a certain percentage (25%) or a certain width (say 6ft) of the building façade. Often we have stair element on the exterior wall that has two-story walls. Also to clarify, can 6 inches be enough to be considered as stepping back the wall plane?

ITEM NO. 13.

Again appreciate everyone’s eGort on this. Hope these notes/suggestions are helpful. -Jessie Delucchi

ITEM NO. 13.

Attn: Planning Commission Members & Planning Staff
I’d like to provide some feedback to the Town regarding the proposed changes to the Objective Design Standards for single and two family dwelling unit developments. We understand that the state laws have been changing rapidly, and new rulings from courts have required even more changes. We also understand that this is a process that must encompass and create solutions that both work for the our unique community, and at the same time satisfy the borage of state laws in a lasting way.

For the most part, we applaud these efforts and the way the new rules clarify the new process, and provide optional paths depending on the priorities of the project, and options to choose from for most objective design standard. We have a just a couple caveats that we’d like you to reconsider.

The proposed objective standard the requires only an 8 foot wall plate on the second floor is not a good standard for a number of reasons. In the last 30 years of designing homes both in the R-1 districts and the hillside, the minimum plate we have ever proposed is 9 feet. And this is for a very simple reason. All new homes have 8 foot doors. That is an industry standard for the quality and caliber of homes that the residents of Los Gatos would expect. With a small header and double top plates, the minimum plate is 9 feet. Palo Alto and Cupertino do not have this rule, nor should Los Gatos.

The other item that I think we come against all the time, is the requirement to have ALL two story wall planes broken up with some kind of decoration, with primarily architecture-dictating elements. This rule is also part of the residential design guidelines. While I understand the necessity to address plain tall walls, we have many beautiful older homes in our existing neighborhoods that do not have one of these features. What they so well is balance the proportions of a vertical wall plane with the walls that are broken with a roof line. For example, we see homes that often have wood siding, have a two story wall with a gable roof on one side for just 30-40% of the facade. The remaining portion of the house has a deep porch below and a stepped back second story. This is a formula seen often. And none of these other adornments are required to make them attractive. It’s more about the propositions and less about breaking up EVERY single two story wall. I see signs of this rule getting out of hand from years of this use being in place. Very chopped up overly complicated elevations that could be so much more attractive without this rule. It’s about proportion, not every wall.

Thank you so much for considering these suggestions.

Jaclyn Greenmyer
Kohlsaat & Associates

ITEM NO. 13.

PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/20/2026
ITEM NO: 14
DATE: October 15, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider a Recommendation of Approval by the Planning Commission to Adopt a Resolution Amending the North Forty Specific Plan to Allow for a Senior Living Facility to be Authorized as a Permitted Use in the Northern District on Properties Zoned North Forty Specific Plan and North Forty Specific Plan: Housing Element Overlay Zone. Project Location: North Forty Specific Plan Area. North Forty Specific Plan Amendment Application A-26- 002. Not Subject to CEQA Review Pursuant to CEQA Guidelines Section 15061 (b)(3) Because it Can Be Seen with Certainty That There Is No Possibility That the Amendment to the Specific Plan Would Have a Significant Effect on the Environment. All Projects to which the Specific Plan Applies Will Undergo Separate CEQA Review and Approval. Additionally, the Town Council Certified an Environmental Impact Report and Mitigation Monitoring and Reporting Program for the North Forty Specific Plan on January 20, 2015; Therefore, No Additional Environmental Review is Necessary for the Proposed Amendment. Property Owner: Tama Holdings LLC. Applicant: Jared Gamelin. Project Planner: Jocelyn Shoopman.

RECOMMENDATION: Accept the Planning Commission’s recommendation and adopt the Resolution amending the North Forty Specific Plan to allow for a senior living facility to be authorized as a permitted use in the Northern District.

FISCAL IMPACT:

There is no fiscal impact associated with this action. Adopting the Resolution would not in itself result in an impact on the Town’s budget.

ITEM NO. 14.

PAGE 2 OF 4
SUBJECT: North Forty Specific Plan Amendment/A-26-002
DATE: October 15, 2026
STRATEGIC PRIORITY:

The amendment to the North Forty Specific Plan (NF-SP) regarding allowing for a senior living facility to be authorized as a permitted use in the Northern District supports the Town’s core goal of Community Character and the strategic priority to preserve the Town’s small-town charm and provide a range of housing opportunities, while diligently maintaining and implementing the Housing Element.

BACKGROUND:

The NF-SP Area is approximately 44 acres and is bound by Highway 85 to the north, Lark Avenue to the south, Highway 17 to the west, and Los Gatos Boulevard to the east.

The Town Council certified an environmental impact report (EIR) for the NF-SP on January 20, 2015. The NF-SP was adopted by the Town Council on June 17, 2015.

On August 1, 2017, the Town Council approved Phase I of the NF-SP, which included the construction of 320 residential units, of which 50 were affordable senior units; approximately 66,800 square feet of commercial floor area; on-site and off-site improvements; and a vesting tentative map.

On September 4, 2018, the Town Council adopted Resolution 2018-044 approving amendments to the NF-SP (Exhibit 8 of Attachment 3).

On January 13, 2026, the Town Council approved Phase II of the NF-SP, which included the construction of 450 residential units, of which 77 are designated as affordable units; approximately 15,074 square feet of commercial space; on-site and off-site improvements; and a vesting tentative map.

On September 23, 2026, the Planning Commission unanimously voted to recommend to the Town Council approval of the proposed amendment to the NF-SP (Attachments 3 and 4).

DISCUSSION:

A. Location and Surrounding Neighborhood
The subject properties requesting amendment of the NF-SP are located at 16245 Burton Road and APN 424-06-116 and are located within the Northern District of the NF-SP, on north side of Burton Road (Attachment 3). The subject property is comprised of two separate parcels for an approximate combined total of 50,965 square feet. The proposed amendment to the NF-SP would apply throughout the Northern District of the NF-SP and would not be limited to the subject properties.

ITEM NO. 14.

PAGE 3 OF 4
SUBJECT: North Forty Specific Plan Amendment/A-26-002
DATE: October 15, 2026
B. Zoning Compliance
The Zoning Ordinance is the primary document that implements the General Plan. It provides regulations regarding permitted land uses, development standards, and the development entitlement process for parcels of land in the Town of Los Gatos. The NF-SP is also a regulatory document that provides development regulations. The requirements of the NF-SP supplement and in some cases supersede the Zoning Ordinance within the Specific Plan boundary.

Table 2-1 of the NF-SP provides specific direction on permitted and conditionally permitted uses for each of three districts in the NF-SP. Uses not listed in Table 2-1 are prohibited.

Presently, a senior living facility is not listed in Table 2-1, meaning that the use is not allowed.

C. NF-SP Analysis
The applicant proposes to amend Table 2-1 of the NF-SP to add a senior living facility as a permitted use in the Northern District. The applicant’s letter of justification states that the allowance of a senior living facility as a permitted use in the Northern District of the NF-SP will provide benefits to the Town by contributing to the supply of senior housing and supporting local and state housing objectives by introducing a range of housing options to the aging population (Attachment 3).

Any future development of a senior living facility would require an Architecture and Site application and be subject to the development regulations of the NF-SP.

CONCLUSION:

The applicant is requesting approval to amend Table 2-1, Permitted Land Uses of the NF-SP to add a senior living facility as a permitted use in the Northern District. The applicant is not proposing redevelopment of the site at this time. Adoption of the Draft Resolution (Attachment 2) will approve the proposed amendment to the NF-SP.

COORDINATION:

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

ENVIRONMENTAL ASSESSMENT:

The proposed amendments are not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval.

ITEM NO. 14.

PAGE 4 OF 4
SUBJECT: North Forty Specific Plan Amendment/A-26-002
DATE: October 15, 2026
Additionally, the Town Council certified an EIR and Mitigation Monitoring and Reporting Program for the North Forty Specific Plan on January 20, 2015; therefore, no additional environmental review is necessary for the proposed amendment. A Notice of Exemption will not be filed.

ATTACHMENTS:

1. Required Findings

2. Draft Resolution with Exhibit A

3. September 23, 2026, Planning Commission Staff Report with Exhibits 1 through 11

4. September 23, 2026, Planning Commission Verbatim Minutes

ITEM NO. 14.

TOWN COUNCIL – October 20, 2026

REQUIRED FINDINGS
North Forty Specific Plan Area
North Forty Specific Plan Amendment Application A-26-002 Adopt a Resolution Amending the North Forty Specific Plan to Allow for a Senior Living Facility to be Authorized as a Permitted Use in the Northern District on Properties Zoned North Forty Specific Plan:Housing Element Overlay Zone. Not Subject to CEQA Review Pursuant to CEQA Guidelines Section 15061 (b)(3) Because it Can Be Seen with Certainty That There Is No Possibility That the Amendment to the Specific Plan Would Have a Significant Effect on the Environment. All Projects to which the Specific Plan Applies Will Undergo Separate CEQA Review and Approval.

Additionally, the Town Council Certified an Environmental Impact Report and Mitigation Monitoring and Reporting Program for the North Forty Specific Plan on January 20, 2015; Therefore, No Additional Environmental Review is Necessary for the Proposed Amendment.

Property Owner: Tama Holdings LLC.

Applicant: Jared Gamelin.

Project Location: North Forty Specific Plan Area.

Project Planner: Jocelyn Shoopman.

FINDINGS:

Required finding for CEQA:
 The project is not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval. Additionally, the Town Council certified an EIR and Mitigation Monitoring and Reporting Program for the North Forty Specific Plan on January 20, 2015; therefore, no additional environmental review is necessary for the proposed amendment.

Required consistency with the Town’s General Plan:
 That the proposed amendment to the North Forty Specific Plan is consistent with the General Plan and its Elements in that it allows for a senior living facility to be authorized as a permitted use in the Northern District.

ATTACHMENT 1

ITEM NO. 14.

This Page Intentionally Left Blank

ITEM NO. 14.
1 of 2
Resolution 2026-XX October 20, 2026
RESOLUTION 2026-xx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING

THE NORTH FORTY SPECIFIC PLAN TO ALLOW FOR A SENIOR LIVING FACILITY TO BE AUTHORIZED AS A PERMITTED USE IN THE NORTHERN DISTRICT.

PROJECT LOCATION: NORTH FORTY SPECIFIC PLAN AREA
NORTH FORTY SPECIFIC PLAN AMENDMENT APPLICATION: A-26-002 PROPERTY OWNER: TAMA HOLDINGS LLC
APPLICANT: JARED GAMELIN
WHEREAS, on June 17, 2015, the Town Council adopted the North Forty Specific Plan, providing detailed land use and development guidance for the area bounded by Highway 17 to the west, Los Gatos Boulevard to the east, Lark Avenue to the south and Highway 85 to the north; and
WHEREAS, an Environmental Impact Report was prepared and certified for the North Forty Specific Plan in compliance with the California Environmental Quality Act; and WHEREAS, on September 4, 2018, the Town Council adopted Resolution 2018-044 approving amendments to the North Forty Specific Plan; and WHEREAS, on September 23, 2026, the Planning Commission held a public hearing and received testimony from all interested persons who wished to testify or submit documents. The Planning Commission considered all testimony and materials submitted, including the packet of materials contained in the Planning Commission Agenda Report for their meeting on September 23, 2026, along with any and all subsequent reports and materials prepared concerning this application, and forwarded a recommendation of approval to the Town Council; and WHEREAS, this matter was regularly noticed in conformance with state and Town law and came before the Town Council on October 20, 2026; and WHEREAS, on October 20, 2026, the Town Council held a public hearing all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on October 20, 2026, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council was able to make the findings required to approve the North Forty Specific Plan Amendment application.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that the proposed amendment to the North Forty Specific Plan, which is attached hereto as Exhibit A and hereby incorporated herein, is adopted and the Town Council does the following:

Draft Resolution: Subject to
modification by Town Council based on
deliberations and direction.

ATTACHMENT 2

ITEM NO. 14.
2 of 2
Resolution 2026-XX October 20, 2026

1. The following findings are made by the Town Council of the Town of Los Gatos. The facts and evidence that support these findings are contained and explained in the record of proceedings for the proposed application, including, without limitation, the staff reports for the Planning Commission and Town Council hearings. (A) Finding required for the California Environmental Quality Act (CEQA):

The proposed amendments are not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval. Additionally, the Town Council certified an Environmental Impact Report and Mitigation Monitoring and Reporting Program for the North Forty Specific Plan on January 20, 2015; therefore, no additional environmental review is necessary for the proposed amendment.
(B) Finding required for consistency with the Town’s Applicable General Plan:

The proposed amendment to the North Forty Specific Plan is consistent with the General Plan and its Elements in that it allows for a senior living facility to be authorized as a permitted use in the Northern District.

BE IT FURTHER RESOLVED, that this Resolution shall take effect 30 days after adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of October, 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTACHMENT 2

ITEM NO. 14.
2 Land Use and Development Standards
2-6 North 40 |September 23, 2026

2.4 PERMITTED LAND USES
The Specific Plan land uses help to create a pedestrian-oriented and interactive environment that is compatible with surrounding neighborhoods as well as provides for on-site uses that are compatible with each other. The Specific Plan specifies the desired mix, as well as the location of land uses. In general, lower intensity shops, offices, and residential land uses are envisioned in the southern portion of the Specific Plan Area. Moving northward, potential land uses transition to mixed-use residential and potential hospitality uses to provide a buffer between primarily residential uses in the southern portion of the Specific Plan Area and the entertainment, restaurant, and shopping uses envisioned in the northern portion of the Specific Plan Area. The Specific Plan establishes two primary land use categories to guide development within the Specific Plan Area. These land uses categories are: (1) non-residential – including retail, office, recreation, community services, restaurants, entertainment, and hotel, and (2) residential – including condominium, cottage cluster/garden cluster housing, live-work flats, multi-family flats, multiplexes, rowhouses and townhomes. Residential development is focused on multi-family housing types and shall be designed to attract the unmet housing needs of the community. Within the Transition District, the Specific Plan encourages the development of residential units over commercial development. It is important to provide an appropriate amount of residential development in the Specific Plan Area to create a sustainable and pedestrianoriented mixed-use environment. Although residential uses will be an important component to the success of the Specific Plan Area, it will support the predominantly retail and neighborhood serving focus of the Transition and Northern Districts.

2.4.1 Permitted and Conditionally Permitted Uses
Primary uses for each of the three Districts are generally described in Section 2.3, while Table 2-1, below, provides specific direction on permitted (P) and conditionally permitted uses (CUP) for each district. Uses not listed in Table 2-1 are prohibited (referto the Glossary for definition of uses.)
Conditional Use Permits shall meet the intent of the North 40 Goals, Policies, Vision Statement, and Guiding Principles.

2.4.2 Commercial Uses
Projects proposing new commercial square footage must present the proposal to the Conceptual Development Advisory Committee. The application submittal must include an Economic Impact Study to assess economic competitiveness.

EXHIBIT A

ITEM NO. 14.

Land Use and Development Standards 2
North 40 Specific Plan 2-7 Last Modified: September 23, 2026 Table 2-1 PERMITTED LAND USES Table 2-1 PERMITTED LAND USES LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

COMMERCIAL COMMERCIAL (CONTINUED)
A. RETAIL P P P
F.

DRIVE-UP WINDOW

FOR ANY BUSINESS,

EXCLUDING

RESTAURANTS
-- -- CUP B. FORMULA RETAIL

BUSINESS
-- P P
C. MARKET HALL/

SPECIALTY
MARKET
-- P P
G.

SUPER DRUGSTORE -- -- P
D. ESTABLISHMENT

SELLING ALCOHOLIC

BEVERAGES FOR
CONSUMPTION OFFPREMISES

CUP CUP CUP
H. SUPERMARKET -- -- P
I. RESTAURANT P P P
J. PERSONAL SERVICE P P P
K. OFFICE 1
P P P
E. ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES FOR

CONSUMPTION ON PREMISES
L. HOTEL -- P P
M.

FINANCIAL

INSTITUTION P P P
N. SENIOR LIVING • FACILITY -- -- P IN CONJUNCTION
WITH A

RESTAURANT
P P P

RESIDENTIAL
A. COTTAGE CLUSTER CUP -- --
• WITHOUT FOOD

SERVICE (BAR) -- CUP CUP
B.

TOWNHOMES/GARDEN

CLUSTER P P --
C. ROWHOUSES P P --
D. MULTI-FAMILY P P P 2
E. CONDOMINIUMS P P P 2
F. LIVE/WORK LOFTS -- P P 2
Note:

1. Medical Office is only permitted on Assessor Parcel Numbers 424-07-102 through - 112, 424-07-099, and 424-06-129.

2. Residential only allowed in Northern District when located above commercial.

ITEM NO. 14.
2 Land Use and Development Standards
2-8 North 40 |September 23, 2026
Table 2-1 Permitted Land Uses Table 2-1 Permitted Land Uses LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

RECREATION/ENTERTAINMENT SCHOOLS
A. OUTDOOR

ENTERTAINMENT -- CUP P
A. PRIVATE AND PUBLIC

SCHOOLS CUP CUP CUP
B. LIVE THEATER -- -- CUP B. INSTITUTIONAL

SCHOOLS/STUDIOS
(ARTS/CRAFTS, MUSIC,

YOGA, DANCE, KARATE,
ETC.)

CUP CUP CUP
C. HEALTH CLUB -- CUP CUP
D. COMMERCIAL

RECREATION AND

AMUSEMENT

ESTABLISHMENT -- -- CUP
C. DAY CARE CENTER CUP CUP CUP

COMMUNITY SERVICES
D. SMALL FAMILY DAY
A. CLUB, LODGE HALL, CARE HOME P P P

FRATERNAL

ORGANIZATION CUP CUP CUP
E. LARGE FAMILY DAY

CARE HOME CUP CUP CUP
B. PARK, PLAZA,

PLAYGROUND P P P TRANSMISSION FACILITIES/UTILITIES
A. TRANSMISSION

FACILITIES AND

UTILITIES CUP CUP CUP
C. PUBLIC BUILDING P P P
D. PUBLIC

TRANSPORTATION

AND PARKING

FACILITIES

P P P B RADIO/

BROADCAST

STUDIOS

CUP CUP CUP
E. RELIGIOUS

INSTITUTIONS CUP CUP CUP

ITEM NO. 14.

Land Use and Development Standards 2
North 40 Specific Plan 2-9 Last Modified: September 23, 2026

2.4.3 Non-Conforming Uses
Existing legal uses that are not permitted orlisted in Table 2-1 are declared non-conforming uses. Refer to Division 5 of Article 1 of the Zoning Ordinance for definitions and regulations for managing nonconforming uses including:
• Continuation of an existing use.
• Repair, alteration, and maintenance.
• Expansion of legal non-conforming uses, buildings, or structures.

Table 2-1 Permitted Land Uses
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

AUTOMOTIVE (VEHICLE SALES, SERVICE, AND RELATED ACTIVITIES) A. CAR WASH -- -- CUP
B. NEW VEHICLE

SALES AND
RENTAL
-- -- CUP
C. ALTERNATING

USE/SHARED
PARKING OF OFFSTREET PARKING
SPACES
P P P

AGRICULTURE AND ANIMAL SERVICES
A. BOTANICAL

NURSERY P P P
B. VETERINARY

HOSPITAL
(WITHOUT

KENNEL)
-- CUP CUP
OTHER
A. 24 BUSINESSES OR

BUSINESSES OPEN

BETWEEN THE HOURS
OF 2:00 AND 6:00 AM -- -- CUP

ITEM NO. 14.

PREPARED BY: Jocelyn Shoopman
Senior 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: 09/23/2026
ITEM NO: 5
DATE: September 18, 2026
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on a Request for Approval to Amend the North Forty Specific Plan to Allow for a Senior Living Facility to be Authorized as a Permitted Use in the Northern District on Properties Zoned North Forty Specific Plan and North Forty Specific Plan:Housing Element Overlay Zone. Project Location: North Forty Specific Plan Area.

North Forty Specific Plan Amendment Application A-26-002. Not Subject to CEQA Review Pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with Certainty that there is No Possibility that the Amendments to the Specific Plan would have a Significant Effect on the Environment. All Projects to which the Specific Plan Applies Will Undergo Separate CEQA Review and Approval. Property Owner: Tama Holdings LLC. Applicant: Jared Gamelin. Project Planner: Jocelyn Shoopman.

RECOMMENDATION:

Forward a recommendation to the Town Council on a request for approval to amend the North Forty Specific Plan to allow for a senior living facility to be authorized as a permitted use in the Northern District on properties zoned North Forty Specific Plan (NF-SP) and NF-SP:Housing Element Overlay Zone (HEOZ).

PROJECT DATA:

General Plan Designation: NF-SP
Zoning Designation: NF-SP and NF-SP:HEOZ
Applicable Plans & Standards: General Plan; NF-SP
Parcel Size: 44 acres
Surrounding Area:

ITEM NO. 14.

PAGE 2 of 5
SUBJECT: North Forty Specific Plan Amendment/A-26-002
DATE: September 18, 2026
CEQA:

The proposed amendments are not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval.

FINDINGS:
 As required, the project is not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval.  As required, the proposed amendments to the NF-SP are consistent with the General Plan and its Elements in that it allows for a senior living facility to be authorized as a permitted use in the Northern District.

ACTION:

The Planning Commission will provide a recommendation to the Town Council who will render the final decision.

BACKGROUND:

A. North Forty Specific Plan Area
The NF-SP Area is approximately 44 acres and is bounded by Highway 85 to the north, Lark Avenue to the south, Highway 17 to the west, and Los Gatos Boulevard to the east.

The Town Council certified an environmental impact report (EIR) for the NF-SP on January 5, 2015. The NF-SP was adopted by the Town Council on June 17, 2015.

On August 1, 2017, the Town Council approved Phase I of the NF-SP, which included the construction of 320 residential units, of which 50 were affordable senior units; approximately 66,800 square feet of commercial floor area; on-site and off-site improvements; and a vesting tentative map.

Existing Land Use General Plan Zoning
North Highway 85 N/A N/A
South Commercial NF-SP NF-SP
East Highway 85 N/A N/A
West Highway 17 NF-SP NF-SP:HEOZ

ITEM NO. 14.

PAGE 3 of 5
SUBJECT: North Forty Specific Plan Amendment/A-26-002
DATE: September 18, 2026
On September 4, 2018, the Town Council adopted Resolution 2018-044 approving amendments to the NF-SP (Exhibit 8).

On January 13, 2026, the Town Council approved Phase II of the NF-SP, which included the construction of 450 residential units, of which 77 are designated as affordable units; approximately 15,074 square feet of commercial space; on-site and off-site improvements; and a vesting tentative map.

B. Conceptual Development Advisory Committee
The Conceptual Development Advisory Committee (CDAC) reviewed a preliminary proposal for an amendment of the NF-SP and redevelopment of the properties located at 16245 Burton Road and Assessor Parcel Number (APN) 424-06-116 on February 11, 2026. The staff report and minutes of the CDAC meeting are attached as Exhibits 3 and 4.

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject properties requesting amendment of the NF-SP are located at 16245 Burton Road and APN 424-06-116 and are located within the Northern District of the NF-SP, on north side of Burton Road (Exhibit 1). The subject property is comprised of two separate parcels for an approximate combined total of 50,965 square feet. The proposed amendment to the NF-SP would apply throughout the Northern District of the NF-SP and would not be limited to the subject properties (Exhibit 9).

B. Project Summary
The applicant proposes to amend Table 2-1, Permitted Land Uses of the NF-SP to add a senior living facility as a permitted use in the Northern District (Exhibit 5). Redevelopment of the site is not proposed by the applicant at this time.

C. Zoning Compliance
The Zoning Ordinance is the primary document that implements the General Plan. It provides regulations regarding permitted land uses, development standards, and the development entitlement process for parcels of land in the Town of Los Gatos. The NF-SP is also a regulatory document that provides development regulations. The requirements of the NF-SP supplement and in some cases supersede the Zoning Ordinance within the Specific Plan boundary.

Table 2-1 of the NF-SP provides specific direction on permitted and conditionally permitted uses for each of three districts in the NF-SP. Uses not listed in Table 2-1 are prohibited.

Presently, a senior living facility is not listed in Table 2-1, meaning that the use is not allowed.

ITEM NO. 14.

PAGE 4 of 5
SUBJECT: North Forty Specific Plan Amendment/A-26-002
DATE: September 18, 2026
DISCUSSION:

A. NF-SP Analysis
The applicant proposes to amend Table 2-1 of the NF-SP to add a senior living facility as a permitted use in the Northern District. The applicant’s letter of justification states that the allowance of a senior living facility as a permitted use in the Northern District of the NF-SP will provide benefits to the Town by contributing to the supply of senior housing and supporting local and state housing objectives by introducing a range of housing options to the aging population (Exhibit 6).

Any future development of a senior living facility would require an Architecture and Site application and be subject to the development regulations of the NF-SP.

Redlined and clean versions of Table 2-1 of the NF-SP are provided in Exhibits 10 and 11.

B. CEQA Determination
The project is not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval.

PUBLIC COMMENTS:

Project signage was installed on the site by September 10, 2026, in advance of the September 23, 2026, Planning Commission hearing.

CONCLUSION:

A. Summary
The applicant is requesting approval to amend Table 2-1, Permitted Land Uses of the NF-SP to add a senior living facility as a permitted use in the Northern District. The applicant is not proposing redevelopment of the site at this time.

B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission forward a recommendation for approval of the amendment to Table 2-1 of the NF-SP. If the Planning Commission finds merit with the proposed amendment, it should:

1. Make the finding that project not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the

ITEM NO. 14.

PAGE 5 of 5
SUBJECT: North Forty Specific Plan Amendment/A-26-002
DATE: September 18, 2026
environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval (Exhibit 2);

2. Make the required finding that the NF-SP is consistent with the General Plan and its Elements in that it allows for a senior living facility to be authorized as a permitted use in the Northern District (Exhibit 2); and

3. Forward a recommendation to the Town Council for approval of the amendments to the NF-SP in the draft Resolution (Exhibit 11).

C. Alternatives
Alternatively, the Planning Commission can:

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

2. Continue the matter to a date certain with specific direction; or

3. Forward a recommendation for denial to the Town Council providing findings for denial.

EXHIBITS:

1. Location Map

2. Required Findings

3. Conceptual Development Advisory Committee Staff Report, February 11, 2026

4. Conceptual Development Advisory Committee Meeting Minutes, February 11, 2026

5. Project Description

6. Letter of Justification

7. Property Photos

8. Resolution 2018-044

9. North Forty District Plan Map

10. Redlined Version of Table 2-1, Permitted Land Uses

11. Draft Resolution with Exhibit A

ITEM NO. 14.

LOS GATOS BL
NB HIGHWAY 17
SB HIGHWAY 17

LARK AV

NATIONAL AV
SB 85 RAMP NB 17
NB 17 RAMP LARK
OKA RD
SB HIGHWAY 85
NB HIGHWAY 85
NB 17 RAMP 85

CAMINO DEL SOL

PENN WY

S TURNER ST

BARTLETT ST
SB 85 RAMP LOS GATOS

LESTER LN

BURTON RD
NB 17 RAMP NB 85 CONNECTOR

NODDIN AV

SHORE ST

MILL ST

BRIGGS CT

MCCOBB DR
North Forty Specific Plan Amendment
0 0.125 0.25
Miles
°
t Sitldith lbl
EXHIBIT 1

ITEM NO. 14.

This Page Intentionally Left Blank

ITEM NO. 14.

PLANNING COMMISSION – September 23, 2026

REQUIRED FINDINGS
16245 Burton Road and Assessor Parcel Number 424-06-116 North Forty Specific Plan Amendment Application A-26-002 Forward a Recommendation to the Town Council on a Request for Approval to Amend the North Forty Specific Plan to Allow for a Senior Living Facility to be Authorized as a Permitted Use in the Northern District on Properties Zoned North Forty Specific Plan: Housing Element Overlay Zone. Not Subject to CEQA Review Pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with Certainty that there is No Possibility that the Amendments to the Specific Plan would have a Significant Effect on the Environment. All Projects to which the Specific Plan Applies Will Undergo Separate CEQA Review and Approval.

Property Owner: Tama Holdings LLC.

Applicant: Jared Gamelin.

Project Location: North Forty Specific Plan Area.

Project Planner: Jocelyn Shoopman.

FINDINGS:

Required finding for CEQA:
 The project is not subject to CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan applies will undergo separate CEQA review and approval.

Required consistency with the Town’s General Plan:
 That the proposed amendment to the North Forty Specific Plan is consistent with the General Plan and its Elements in that it allows for a senior living facility to be authorized as a permitted use in the Northern District.

EXHIBIT 2

ITEM NO. 14.

This Page Intentionally Left Blank

ITEM NO. 14.

PREPARED BY: Jocelyn Shoopman
Senior Planner

TOWN OF LOS GATOS

CONCEPTUAL DEVELOPMENT

ADVISORY COMMITTEE REPORT
MEETING DATE: 02/11/2026
ITEM NO: 3
DATE: February 6, 2026
TO: Conceptual Development Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Preliminary Review of an Amendment to the North Forty Specific Plan and a Proposal for Construction of a Senior Living Facility (176 Units) on Property Zoned North Forty Specific Plan:Housing Element Overlay Zone. Located at 16245 Burton Road and Assessor Parcel Number 424-06-116. APNs 424-06-115 and 424-06-116. Conceptual Development Advisory Committee Application CD-26-001. Property Owner: Tama Holdings LLC. Applicant: Jared Gamelin. Project Planner: Jocelyn Shoopman.

ROLE OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE:

The Conceptual Development Advisory Committee (Committee) advises a prospective applicant on the overall consistency of a project with Town policies prior to submitting a formal application and investing in the development review process. The Committee also endeavors to identify the potential issues that will need to be addressed during the development review process should the applicant wish to submit an application. The issues identified by the Committee are not intended to be all-inclusive and other additional issues may be identified during the formal development review process.

None of the Committee's comments are binding on the Town and in no way are they intended to indicate whether the project will be received favorably by the various review bodies that are charged with evaluating and deciding the application. As noted in this report, if an application is filed, technical analysis would need to be done during the evaluation of the proposal. In addition, public input is a required and essential component in the development review process. Notice has been sent to residents and property owners within 500 feet of the project site. In addition to the public comments received at this meeting, all applicants are strongly encouraged to hold neighborhood meetings to receive input as the design of the project evolves should they decide to proceed with the development review process.

PROJECT DESCRIPTION:

The applicant submitted an application (Attachment 2), project description (Attachment 3), context diagram (Attachment 4), and conceptual development plans (Attachment 5) for 16245 Burton Road and Assessor Parcel Number (APN) 424-06-116. The subject property is comprised of two separate parcels for an approximate combined total of 50,965 square feet, located on

EXHIBIT 3

ITEM NO. 14.

PAGE 2 OF 5
SUBJECT: 16245 Burton Road and Assessor Parcel Number 424-06-116/CD-26-001 DATE: February 6, 2026
the north side of Burton Road and within the North Forty Specific Plan (NF-SP) boundary area (Attachment 1). The NF-SP was adopted by the Town Council on June 17, 2015. On September 4, 2018, the Town Council adopted Resolution 2018-044 approving amendments to the NF-SP.

The development plans for Phase I of the NF-SP included the approval of 320 residential units and approximately 66,000 square feet of commercial space. The development plans for Phase II of the NF-SP included the approval of 450 residential units and approximately 15,074 square feet of commercial space.

The applicant is proposing to amend the NF-SP to allow for an eight-story senior living facility to be authorized as a permitted use in the Northern District and construction of an eight-story building with 176 units (Attachment 3). The property contains an existing single-family residence.

Key elements of the proposed project are as follows:
 Amend the NF-SP to allow for a senior living facility to be authorized as a permitted use in the Northern District;
 Demolition of the existing single-family residence;
 Merging of two parcels into one parcel;
 Construction of an eight-story senior living facility at a proposed height of 88 feet, two inches;
 Memory care units on levels two and three and assisted living units on levels four through eight;
 Combination of studio, one-bedroom, and two-bedroom units spread amongst eight levels;  Between 22 and 29 units on each level for a total of 176 units; and  90 parking spaces located in a basement garage and three surface parking spaces for a total of 93 spaces.

EXISTING GENERAL PLAN, ZONING, AND PLANNING AREA:

1. General Plan designation: North Forty Specific Plan Overlay.

2. Surrounding General Plan designations: NF-SP:HEOZ to the south and east; California State Route 17 to the west; and California State Route 85 to the north.

3. Zoning designation: NF-SP:HEOZ.

4. Surrounding zoning designations: NF-SP:HEOZ to the south and east; California State Route 17 to the west; and California State Route 85 to the north.

EXISTING CONDITIONS:

1. The project site is comprised of two separate parcels for an approximate combined total of 50,965 square feet (1.17 acres).

ITEM NO. 14.

PAGE 3 OF 5
SUBJECT: 16245 Burton Road and Assessor Parcel Number 424-06-116/CD-26-001 DATE: February 6, 2026

2. The project site is located on the north side of Burton Road (Attachment 1).

3. Surrounding land uses: Residential uses are located to the south; commercial uses are located to the east; California State Route 17 is located to the west; and California State Route 85 is located to the north.

POTENTIAL CONSIDERATIONS AND ISSUES:

The following is a brief list of issues and topics for consideration by the Committee. Staff has not reached conclusions on these topics. Staff is identifying them here to help frame the discussion and to solicit input. The main question for the Committee is whether the applicant’s concept for the project creates a high-quality plan appropriate for Los Gatos in this location. If an application is filed, staff would evaluate the technical issues.

1. General Plan
a. General Plan Policy LU-1.4 states, “Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area.”
b. General Plan Policy LU-6.5 states, “The type, density, and intensity of new land use shall be consistent with that of the immediate neighborhood.” c. General Plan Policy LU-6.7 states, “Continue to encourage a variety of housing types and sizes that is balanced throughout the Town and within neighborhoods, and that is also compatible with the character of the surrounding neighborhood.” d. General Plan Policy LU-7.4 states, “Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area.”

2. Zoning
a. Project site is zoned NF-SP:HEOZ and is surrounded by residential, commercial, and office uses as described above.
b. HEOZ: A senior living facility is considered to be a commercial use. Pursuant to Section 29.80.510 (c) through (e) of the Town Code, the underlying development standards of the NF-SP shall apply to the project.
c. Pursuant to Section 6.4.1 of the NF-SP, proposed developments within the Specific Plan Area may request to enter into a Development Agreement and will be reviewed pursuant to the established Architecture and Site Review and approval process as defined within Division 3 of the Zoning Ordinance or the Planned Development Overlay process.
d. Use: A senior living facility use was not contemplated in the NF-SP and therefore is not listed as either a permitted or conditionally permitted use. e. Height: The maximum allowable height of a principal building as designed by the

ITEM NO. 14.

PAGE 4 OF 5
SUBJECT: 16245 Burton Road and Assessor Parcel Number 424-06-116/CD-26-001 DATE: February 6, 2026
NF-SP:HEOZ is 35 feet. The proposed height is identified in the conceptual development plans as 88 feet, two inches.
f. Setbacks: The conceptual development plans do not provide the proposed building setbacks for staff to verify the project’s compliance with Tables 2-5 and 2-6 of the NF-SP.
g. Coverage: The conceptual development plans do not provide the proposed lot coverage for staff to verify the project’s compliance with the maximum lot coverage of 50 percent.

3. Open Space and Community Recreation Space
a. The NF-SP requires a minimum of 30 percent open space to be provided across the entire Specific Plan Area. The 30 percent requirement shall be calculated for each application or group of applications.

4. Parking and Circulation
a. Parking requirements for a senior living facility are one parking space per two and one-half beds. The total parking requirement is 70 parking spaces. b. The proposed on-site parking is 90 spaces located in a basement garage and three surface parking spaces for a total of 93 spaces.
c. Street improvements to Burton Road will be required as part of the development review of the project.

5. Traffic
a. A traffic analysis will determine whether a traffic study or mitigation fees will be required.

6. Trees
a. The conceptual development plans would result in impacts to protected trees. Any development application will be reviewed by the Town’s Consulting Arborist to ensure that the Town’s Tree Protection Ordinance is complied with.

7. Environmental Review
a. The project would need to be reviewed for compliance with the California Environmental Quality Act as grading, tree removals, and new construction would all be proposed.

ITEM NO. 14.

PAGE 5 OF 5
SUBJECT: 16245 Burton Road and Assessor Parcel Number 424-06-116/CD-26-001 DATE: February 6, 2026
ATTACHMENTS:

1. Location Map

2. Conceptual Development Advisory Committee Application

3. Project Description Letter

4. Context Diagram

5. Conceptual Development Plans

6. Planned Development Overlay Zone

7. North Forty Specific Plan:
https://www.losgatosca.gov/DocumentCenter/View/44396/Amended-North-Forty-SpecificPlan-PDF

ITEM NO. 14.

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ATTACHMENT 1

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N:\DEV\FORMS\Planning\2025-26 Forms (In Progress - Do not Use)\CDAC\Word Doc\CDAC Application.docx 06/2025

APPLICATION FOR PROJECT REVIEW

CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE

TOWN OF LOS GATOS - COMMUNITY DEVELOPMENT DEPARTMENT
110 E MAIN STREET, LOS GATOS, CA 95030
[email protected]
408-354-6872
PLEASE SUBMIT APPLICATION WITH ALL REQUIRED DOCUMENTS VIA THE CITIZEN’S PORTAL:
https://permits.losgatosca.gov/Login-and-Manage-My-Records

PLEASE TYPE OR PRINT CLEARLY

1. PROPERTY LOCATION:

Address of subject property _______________________________________________________

2. PROPERTY DETAIL:

Lot Area: ___________________ Zoning: __________________ APN: __________________ Existing Use: ____________________________________________________________________________________

3. APPLICANT:

Name___________________________________________________________ Phone:______________________ Address ________________________________________________________________________________________ City _____________________________________ State ___________________ Zip _____________________ Email _____________________________________________________

4. NAME OF PROPERTY OWNER: (If same as above, check here ) Name___________________________________________________________ Phone:______________________ Address ________________________________________________________________________________________ City _____________________________________ State ___________________ Zip _____________________ Email _____________________________________________________ I hereby certify that I am the owner of record of the property described in Box #2 above, and that I approve of the action requested herein.

SIGNATURE OF OWNER ___________________________________________DATE __________________

ACKNOWLEDGMENT FORM
I, the undersigned, fully acknowledge and understand the Conceptual Development Advisory Committee is only an advisory body and is not empowered by the Town Council or the Planning Commission to render recommendations or decisions regarding land use issues.

I further understand and acknowledge that any statement by the Committee that a potential land use appears consistent with Town Policy is not an express or implied approval of a development project. A project may be rejected by the Planning Commission and/or Town Council for inconsistency with Town policy or for other reasons in the course of the development review process, including public input.

I further understand and acknowledge that the members of the Conceptual Development Advisory Committee are in no way bound in their future review of my project, by their comments at this very preliminary state of project development.

SIGNATURE OF OWNER ___________________________________________DATE __________________ DO NOT WRITE IN THIS SPACE.

Application #: ________________

FEES PAID:

PLPERMIT $ 2,966.00
PLTRACK $ 118.64
PLANAP $ 296.60
PLPERMIT (noticing deposit) $ 500.00
TOTAL $ 3,881.24








 








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ITEM NO. 14.

N:\DEV\FORMS\Planning\2025-26 Forms (In Progress - Do not Use)\CDAC\Word Doc\CDAC Application.docx 06/2025

ADMINISTRATIVE POLICY FOR PROCESSING
"REQUESTS FOR REVIEW" BEFORE THE CONCEPTUAL

DEVELOPMENT ADVISORY COMMITTEE (CDAC)

1. The Committee will meet once a month on a regular schedule (time and date to be determined by Committee members) if an application is pending.

2. The Committee shall consist of three Planning Commissioners and two Town Council persons.

3. Only one item will be permitted on each agenda.

4. The following materials constitute an application package and must be submitted through the Town’s online portal:
a. A signed application form available from the Community Development Department. The property owner must sign the application, or it will not be accepted.
b. A brief, general description of the project and its location (no more than one typed page-double spaced).
c. One set of plans. Schematic elevations are encouraged but are not required.

The more information provided to the Committee, the more detailed the responses will be.
d. Required filing fee pursuant to the adopted fee schedule. e. All materials (plans, letters, etc.) intended to be viewed by the Committee members prior to the meeting must be submitted at the same time the application is filed. Materials filed after the submittal will not be accepted.

Materials may be brought to the meeting.

5. The prospective developer will be allotted five minutes to present the request to make a presentation to the Committee. Following the presentation, the Committee may ask questions of the prospective developer or staff. Members of the public will then be allowed up to three minutes to provide public comments. After public comments have concluded, the prospective development will have an additional three minutes to respond to any comments.

6. The Committee may only review a project once unless there are material changes to the plans and recommended by the Director of Community Development.

7. The Committee will not review a project for which any permit application has been submitted to the Planning or Building Department.








 





ITEM NO. 14.

N:\DEV\FORMS\Planning\2025-26 Forms (In Progress - Do not Use)\CDAC\Word Doc\CDAC Application.docx 06/2025

8. A Committee agenda will be mailed and posted 72 hours before the meeting and notice of the hearing will be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing.

9. To make prospective project information accessible to the public, minutes of the meeting shall be kept.

10. There will be an action letter mailed out advising the prospective developer of the Committee’s list of concerns and comments. This letter will be come part of the Development Review Committee staff report to the Planning Commission at such time as a formal application is filed.

11. The Committee review is based on policy issues only from Town documents included, but not limited to the General Plan and Zoning Code. There is no technical or ordinance compliance review by either the Committee or staff.

12. Committee members shall give their individual perspective about the project. The applicant shall not argue about such opinions or try to dissuade the Committee members.








 





ITEM NO. 14.

Community Development Application Process Agreement
This document explains the decision-making process used by the Town of Los Gatos for all land-use related applications and permits being considered by the Community Development Director, Development Review Committee, Historic Preservation Committee, Planning Commission, and/or the Town Council. All applicants and their representatives/professionals are required to read, understand, acknowledge, and sign this disclosure prior to their application being deemed complete and ready for consideration.

All applications and permits presented to the Community Development Director, Development Review Committee, Historic Preservation Committee, Planning Commission, and/or the Town Council are solely at their discretion, including but not limited to General Plan Amendments, Zoning Amendments, Planned Developments, Architecture and Site Applications, Conditional Use Permits, Subdivisions, Minor Residential Developments, and Removals from the Historic Resources Inventory. Staff and consultant recommendations, including those of the consulting architect, are in no way limiting on or indicative of any subsequent decision or direction from the Community Development Director, Development Review Committee, Historic Preservation Committee, Planning Commission, and/or Town Council.

Staff and consultant recommendations are based solely on the application of the Town’s General Plan, Zoning and other ordinances, Specific Plans, Guidelines, and adopted policies. Staff’s role is not to advocate for or support the interests of the applicant, but to ensure compliance with the aforementioned policy direction and to consider the proposed development’s impacts on both the immediate neighborhood and the broader community.

Town Council policy prohibits the Planning Commission from discussing pending applications or permits with either the proponents or opponents of the application. Applicants and their representatives are prohibited from directly or indirectly contacting or communicating with Planning Commissioners regarding the application except through publicly disclosed written communications.

For Planning Commission matters appealed to the Town Council, in the appeal, and based on the record, the appellant bears the burden to prove that there was an error or abuse of discretion by the Planning Commission as required by Section 29.20.275. If neither is proved, the appeal shall be denied. If the appellant meets the burden, the Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, in its discretion, return the matter to the Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review.

Those signing below grant the Town of Los Gatos release to copy and reproduce electronically, in whole or in part, drawings and all other materials submitted with this development application for the Town’s regulatory, administrative, and legal functions, including sharing of information with other governmental entities and for compliance with the California Public Records Act
The undersigned have reviewed this document and acknowledge and agree to the statements above.

Property Owner: _____________________________________ DATE:______________ Architect/Designer: __________________________________ DATE:______________ Civil Engineer: ______________________________________ DATE:______________ Business Owner: _____________________________________ DATE:_______________ Other: _____________________________________________ DATE:_______________ 







 








ITEM NO. 14.

Community Benefit Statement – CDAC Submission
North 40 Specific Plan (Phase II)
The proposed eight-story senior living community located at 16425 Burton Road in Los Gatos, within the North 40 Specific Plan area, provides a meaningful public benefit by addressing the Town’s growing need for age-appropriate housing while advancing the Plan’s objectives for compact, efficient, and context-sensitive development.

The project is strategically situated along a freeway-adjacent edge condition on Burton Road, where existing transportation infrastructure establishes an appropriate setting for increased building height while limiting direct interface with lower-scale residential neighborhoods.

Purpose-built senior housing at this location allows longtime Los Gatos residents to age in place, reduces displacement pressures, and supports housing turnover within the broader community, while its operational characteristics generate fewer peak-hour vehicle trips than many alternative uses. Concentrating density vertically on this uniquely constrained and irregular parcel preserves land efficiency, enables enhanced on-site amenities and open space, and allows building massing and stepbacks to mitigate visual and neighborhood impacts.

ATTACHMENT 3

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ITEM NO. 14.
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
Los Gatos, California, Code of Ordinances Created: 2026-01-12 11:33:43 [EST] (Supp. No. 98)

ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
DIVISION 1. GENERALLY
Sec. 29.80.010. Scope.

Overlay zones are the PD or planned development overlay zone, LHP or landmark and historic preservation overlay zone and PS or public school overlay zones. The zone with which an overlay zone is combined is called the underlying zone.
(Ord. No. 1316, § 4.80.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1452, 12-17-79; Ord.

No. 1571, 3-7-83)
Secs. 29.80.015—29.80.070. Reserved.

DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE1
Sec. 29.80.075. Purpose and intent.

As more specifically provided in section 29.80.080(b), the purpose and intent of the planned development overlay zone (PD) is to preserve, enhance, and/or promote:
(1) The Town's natural and historic resources;
(2) The production of affordable housing;
(3) The maximization of open space; and/or
(4) A project that provides a public benefit to the citizens of the Town. (Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.080. Limitations on use of a planned development. (a) The PD overlay is not intended for:
(1) Uses inconsistent with the general plan;
(2) Proposed development that is reasonably feasible under the existing Town Code; or 1 Editor's note(s)—Ord. No. 2273, § I, adopted May 1, 2018, repealed the former div. 2 §§ 29.80.075—29.80.145, and enacted a new div. 2 as set out herein. The former div. 2 pertained to similar subject matter and derived from Ord. No. 1316, §§ 4.82.010—4.82.150, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1363, 8-1-77; Ord. No. 1500, 5-18-81; Ord. No. 1838, §§ III, IV, 11-5-90; Ord. No. 1942, § I, 5-17-93.

ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

(3) A deviation of standards applicable to similar types of development. (b) An application for a PD shall only be considered by the recommending and deciding bodies if it meets the purpose and intent of this division, and meets one (1) or more of the following criteria:
(1) A project that provides a public benefit to the citizens of the Town. (2) Property that is designated within the Hillside Development Standards and Guidelines Area Map. (3) Property that has a historical designation or is within a Landmark Historic Preservation (LHP) Overlay Zone.
(4) Property with a tree or "stand of trees" that is unique, historical, ecological, or of aesthetic value, as determined according to standards set forth in the Town's Tree Protection Ordinance. (5) Property that contains a stream, channel, or creek that supports or has supported riparian vegetation, fish, and/or aquatic life as further defined in the guidelines and standards for land use near streams. (6) A property with a geological hazard or within a fault zone. (7) A property being considered for affordable housing as defined in the Town's adopted and certified housing element.
(8) A property being considered for a use or combination of uses not allowed in the Town's existing zoning districts.
(9) A property being considered for the creative use of the site consistent with the base zoning district. (Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.085. Relationship of planned developments to other adopted land use documents.

The planned development overlay shall not be used to deviate from general plan provisions, guidelines adopted by the Town Council, the standards contained in any existing land use regulation, or any other provision of the Town Code otherwise applicable to the property except as otherwise provided in section 29.80.095(4). (Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.090. Requirements.

The PD application shall include text and plans or diagrams that clearly demonstrate and specify all of the following:
(1) Compliance with all sections of this division.
(2) Conformity of the PD to the goals, policies, applicable land use designation(s) and standards of the general plan.
(3) A plan or set of plans that identify characteristics existing on the property which warrant application of the PD overlay zone.
(4) Proposed distribution, location and extent of the land uses on the site, including open space. (5) Proposed standards and criteria by which development will proceed, including standards for conservation, development and utilization of natural and/or historic resources. (6) Proposed deviations from the land use regulations and development standards applicable to the underlying zoning district(s).