Monte Sereno City Council
May 24, 2022

AGENDA
City of Monte Sereno
Tuesday, May 24, 2022
Joint Special Meeting of the City Council and
Site and Architectural Commission
6:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
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Page

CALL TO ORDER

ROLL CALL

ORDERS OF THE DAY

ORAL COMMUNICATIONS

WRITTEN COMMUNICATIONS

NEW BUSINESS

1. Housing Element Update: Sites Inventory and Project Schedule Staff recommends that the Site and Architectural Commission and the City Council receive the Housing Element Update and provide feedback and direction to staff.

Staff Report - SR-22-116 - Pdf
Public Comment Received 05-20-22
Public Comment Received as of 05-24-2022
3 - 34

2. Provide Direction to Staff on SB9 Ordinance Modifications Staff recommends that the Site and Architectural Commission and the City Council provide direction regarding preparation of an ordinance to revise the Municipal Code standards for SB9 two-unit residential development projects and urban lot split projects as follows:
• Revise the maximum building size allowed for an SB9 project to equal the allowable size of a one-story building under the applicable Zoning District Regulations.
• Revise height limits to specify that SB9 projects are limited to one-story with a maximum building height equal to that allowed for a one-story building under the applicable zoning district regulations.
• Remove the size limit of coverage porches.
• Remove the impervious coverage restrictions specific to SB9 projects and use the limitations provided in the applicable zoning district regulations.
• Allow property owners to have the option of ministerial review or discretionary review for development on lots created through an urban lot split, by removing restrictions that urban lot split lots can only be used for 800 square foot dwelling units
Staff Report - SR-22-113 - Pdf
Public Comment Received as of 05-20-22
Public Comment Received as of 05-23-22
35 - 111

ADJOURN

STAFF REPORT
Meeting: Joint Special Meeting of the City Council and Site and Architectural Commission - May 24 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Housing Element Update: Sites Inventory and Project Schedule Recommendation(s):

Staff recommends that the Site and Architectural Commission and the City Council receive the Housing Element Update and provide feedback and direction to staff.

Background Information:

The Housing Element is part of the City’s General Plan and identifies policies and programs to meet the housing needs of the city’s current and future residents. State law (Government Code Sections 65580-65589.8) requires that every city and county in California adopt a Housing Element, approximately every five or eight years. In addition, the State Department of Housing and Community Development (HCD) reviews and certifies that each Housing Element meets all the requirements of the law. Monte Sereno’s current Housing Element was adopted in 2015 and the new document must be adopted by January 2023, but the state’s approval process can take several months.

The Housing Element Process has mandatory public participation requirements:
• Prior to submittal of the first draft within a planning period to HCD, the local government must make the draft available for public comment for 30 days and if any comments were received, take at least 10 business days to consider and incorporate public comments.
• Submit draft to HCD for review/approval.
• Revise and adopt (or adopt without changes).
• For any subsequent revisions, the local government must post the draft revision on its website and email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to HCD.

Housing Element Overview
Monte Sereno’s current Housing Element covered 2015 to 2023 and was adopted on May 19, 2015. The new Housing Element will be for the 2023 to 2031 planning period. The Housing Element typically includes the following major components:

1. Housing Needs Assessment: An analysis of housing needs of the City's population, including analysis of population, housing characteristics, projected housing needs by income group, housing needs of special needs populations (including elderly, persons with disabilities, etc.), existing housing stock conditions, and existing units in need of replacement or rehabilitation.

2. Constraints Analysis: An analysis of housing constraints that impact housing production, including city land use controls, local ordinances, permit requirements, fees, and the way that they may impact housing production.

3. Evaluation of Past Performance: Assess progress in implementing the policies and programs from the prior Housing Element.

4. Housing Sites Inventory: Identify housing sites available for development or redevelopment, ensuring that there is sufficient capacity to address the Regional Housing Needs Allocation.

5. Policies and Programs: Establish policies and programs to address the identified housing needs.

6. Community Outreachand Engagement: Conduct a thorough program of community engagement, with a particular focus on outreach to traditionally underrepresented groups.

7. Affirmatively Further Fair Housing (AFFH): Actions that promote and further fair housing opportunities, including descriptions of fair housing enforcement and analysis of integration and segregation patterns and trends.

Regional Housing Needs Allocation (RHNA)
Every city in California receives a required number of homes to plan for. This is called the Regional Housing Needs Allocation (RHNA). Monte Sereno’s RHNA for this upcoming Housing Element is 193, an over 300% increase from last cycle’s RHNA of 61. Under state law, cities do not need to ensure these homes are built, but do need to identify adequate housing sites, as part of their sites inventory, and put in place the proper zoning and address development constraints, so that the private sector can build the housing. The RHNA is broken down by income category, Monte Sereno’s income specific RHNA is:

Very Low Income: 53
Low Income: 30
Moderate Income: 31
Above Mod Income: 79
Total: 193
Almost all jurisdictions in the region (and in other regions) had a higher RHNA this cycle. This is primarily due to changes required by state legislation to account for existing overcrowding.

This cycle, a jurisdiction’s RHNA is based on the following factors:
• Projected 2050 population according to Plan Bay Area
• Proximity to jobs (both by car and public transportation)

• The percent of households living in high opportunity areas (based on school, environmental hazards, jobs, etc.)
Sites Inventory Required Elements
The Sites Inventory is a required portion of a Housing Element. Government Code Section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period. The purpose of the inventory is to identify specific sites that are suitable for residential development in order to compare the local government’s regional housing needs allocation (RHNA) with its residential development capacity. Pursuant to SB 6 (2019), the site inventory must be prepared using the standards, form, and definitions adopted by HCD. HCD publishes a comprehensive guidebook regarding the process and required criteria, available at https://www.hcd.ca.gov/communitydevelopment/housing-element/docs/sites_inventory_memo_final06102020.pdf.

The inventory must include all of the following:
• A parcel-specific listing of sites, using assessor parcel number(s) (APN). Sites identified in the inventory as available to accommodate the RHNA for above moderate-income households, located in areas not served by public sewer systems, need not be listed on a parcel-by-parcel basis.
• The general plan and zoning designations of sites.
• A description of parcel size. This is important as parcel size can be a key factor in determining development viability, capacity, and affordability. • A map showing the location of sites. In terms of scale, a jurisdiction’s general plan landuse diagram or map is appropriate. • A description of existing uses of any non-vacant sites. • A description of whether the parcel has available or planned and accessible infrastructure.
• The income category (above moderate-, moderate-, or lower- income) that the site is expected accommodate.
• If the parcel was identified in a previous planning period site inventory.

Analysis:

Sites Inventory Analysis
Accessory Dwelling Units
A significant portion of the RHNA allocation for Monte Sereno will be met with new ADUs. As noted in Attachment 1, the Association of Bay Area Governments (ABAG) Technical Memo for Using ADUs to Satisfy RHNA, the standard method to estimate the number of ADUs that will be constructed during the 2023-2031 planning period is based on the average number of such units constructed since 2019, when the state law made it easier to construct such units. Once the number of dwelling units is estimated, those dwelling units are to be distributed into each of the income categories.

Following is the number building permits that were issued for construction of new ADUs each calendar year since 2019:

Year Building Permits Issued for New ADUs
2019 14
2020 9
2021 14
2022 (Projected based on 8 units issued
through May 2) 16
Average 13.25
A straight projection of the average above would total 106 ADU which could be planned for the update Housing Element. However, as shown above, the number of building permits issued in 2020 for new ADUs was low. This is likely due to the beginning of the Covid 19 Pandemic and local health orders which required non-essential construction to cease for several months. The attached Technical Memo does indicate that a small amount of flexibility may be allowed to the straight average projection. If 2020 is excluded, the total number of ADU permits issued in 2019, 2021, and projected for 2022 is 44, which would project to 117 for the eight-year planning period of 2023-2031 in the updated Housing Element.

While it is not clear with HCD will accept this estimate with the exclusion of 2020, staff recommends using this methodology in the Draft Housing Element to receive feedback from HCD.

In the Annual Housing Element Progress Reports (APR), Monte Sereno has historically reported the affordability levels for newly constructed ADUs based on a survey that is conducted. Staff mails a survey to the property owner for each building permit issued for a new ADU asking the property owner to report the monthly rent actually charged for the ADU. This methodology has been accepted by HCD as meeting their requirements. Based on the responses received, the affordability levels are reported to HCD. As the majority of ADUs in Monte Sereno are used for extended family, the monthly rental is very low, as often there is no monthly rent charged, and therefore the unit is properly credited towards meeting “very low” income housing requirements.

Following is a summary of the reported affordability levels for new ADUs since 2019:
2019-2021 APR Reported Affordability Levels for New ADUs Income Category Percent of Total ADUs Number of ADUs
Very Low 78% 29
Low 22% 8
Moderate 0% 0
Above Moderate 0% 0
Total 37
Based on the historic allocation of affordability levels as shown above, following is the projected affordability levels for the 117 ADUs projected in the updated Housing Element:
2023-2031 Projected Affordability of New ADUs
Income Category Percentage of ADUs Number of ADUs Estimated Very Low 78% 91

2023-2031 Projected Affordability of New ADUs
Low 22% 26
Moderate 0% 0
Above Moderate 0% 0
Total 117
Rezoning Existing Parcels
In addition to the ADUs, the city will need to identify additional sites where new housing units can be expected to be constructed during the 2023 – 2031 planning period. This can be done through rezoning of existing parcels to allow for additional housing units, and the City can also count anticipated SB9 projects. However, it is important to note that as the vast majority of parcels in Monte Sereno are developed with at least one existing dwelling unit (non-vacant sites). HCD requires that demonstrative evidence be provided of the redevelopment potential in order for a jurisdiction to be allowed to include such parcels in the Sites Inventory. The most secure form of demonstrative evidence is documented interest from the property owner in redeveloping or adding additional dwelling units to their property.

The rezone action alone would not result additional dwelling units that could be considered towards meeting the RHNA allocation.

Attachment 2 is the Association of Bay Area Governments (ABAG) Technical Memo for Programs to Rezone which provides an overview of the rules regarding programs to rezone when included in the Housing Element update.

At the April 19, 2002 City Council meeting staff presented, for discussion purposes, nine parcels along the north side of Vineland Avenue for potential rezoning from the current R-1-44 (43,560 square feet lot size) to R-1-8 (8,000 square foot lot size). Based on feedback received, the draft Sites Inventory includes these parcels as potential rezoning to R-1-20 (21,780 square foot lot size). However, after further staff review, this likely results in only four of these parcels being able to subdivide as the other five are undersized.

Although Policies and Programs for the Housing Element are to be presented for discussion and direction at the June 19, 2022 meeting, a possible program could be to change the R-1-20 zoning district to require a lot size of 20,000 square foot minimum rather than the current 21,780 square feet required, which would allow for three additional identified parcels along Vineland Avenue to be subdivided if rezoned to R-1-20. A map of the Vineland Avenue sites is included in Attachment 4.

Additionally, at the April 19, 2022 the City Council directed staff to review other parcels within the R-1- 44 zoning district that could be considered for rezoning. Staff made the following analysis:
• Determined there are 667 parcels in the R-1-44 zoning district. • Of these identified parcels, staff removed those that are on the Historic Inventory, or are in the Very High Fire Hazard Severity Zone, or are less than 43,560 square feet in lot area (not sufficient size to split if rezoned to R-1-20). • Based on the criteria above, a total of 191 parcels were remaining, which could possibility be split into two parcels under the Parcel Map process if rezoned to R-1-20. • Staff marked each of these 191 parcels on a map to determine the locations.

• Parcels located on a dead-end street were excluded due to concerns that have been raised regarding evacuation in the event of an emergency or natural disaster. • Parcels that were scattered or not contiguous with each other or other R-1-20 zoned parcels were also excluded in order to avoid spot zoning.

This analysis resulted in 13 parcels with frontage along Bicknell Road that could be considered for rezoning to R-1-20. A map of the Bicknell Road sites is included in Attachment 5.

Property owners of each of these sites have been notified that their property has been identified on the Sites Inventory and asked for their feedback and desire for their property to be included in this analysis. Information about this meeting was also provided.

SB9 Projects
The ADU projections (117 new units) and potential rezoning with property owner interest (23 units) discussed above, results in a shortfall of 53 units in meeting the 193 RHNA. In order to avoid rezoning existing parcels to multi-family densities, staff believes this gap can be filled with new units planned/constructed under the SB9 regulations if the regulations are modified to make such projects more feasible and more desirable.

In accordance with direction received from the City Council at their April 19, 2022 meeting, a joint meeting is scheduled with the Site and Architectural Commission on May 24, 2022 to be discussed after this Housing Element update item. Staff will be recommending changes to the current SB9 ordinance to better align the city’s requirements with the HCD SB9 Fact Sheet that was recently published, address concerns raised by several community members, and make such projects more practical.

As noted above, in order to consider potential SB9 projects in the updated Housing Element to count towards the city’s RHNA, documented evidence of interest from the property owners will be needed.

Project Schedule
The upcoming major milestone for the Housing Element update is to submit a draft document to HCD for their review and comment. This will allow the City to adjust the final document based on the feedback received. The draft document will include the Sites Inventory information discussed above as modified based on direction provided by the Site and Architectural Commission and City Council. Following are planned milestone dates to complete the Draft Housing Element:
• May 24, 2022 – Review Sites Inventory (Joint Meeting with Site and Architectural Commission and City Council)
• June 21, 2022 – Review Policies and Programs (Joint Meeting with Site and Architectural Commission and City Council)
• July 1, 2022 - Draft Housing Element Published for 30-Day Public Review • August 2, 2022 - Approve the Draft Housing Element (City Council Meeting) • August 15, 2022 – Submit Draft Housing Element to HCDfor review

Public Noticing:

The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org. Additionally, information about this meeting was published on the Housing Element website at www.AtHomeinMonteSereno.com and emailed to a list of interested parties.

Attachments:

1. ABAG Technical Memo - Using ADUs to Satisfy RHNA

2. ABAG Technical Memo - Programs to Rezone

3. Draft Sites Inventory Summary Table

4. Vineland Avenue Sites Map

5. Bicknell Road Sites Map

Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Using ADUs to Satisfy RHNA
Technical Memo
Background
Jurisdictions are allowed to use ADUs to help satisfy their RHNA requirements; however, the process is somewhat different than other aspects of the sites inventory. The standard method is to estimate the number of ADUs that will be developed in the planning period, then distribute those estimated units into each of the income categories.

Estimating Production
The estimate should be based on the average number of ADU building permits issued each year, multiplied by eight (because there are eight years in a housing element cycle). Most cities base their determination of annual ADU permits by averaging the building permits approved each year since 2019, when state law made it easier to construct the units.

There is a small amount of flexibility in the calculations. If numbers were low in 2019 but were high in 2020, 2021, and 2022, a jurisdiction could potentially use 2020-2022 as the baseline. This rationale would be bolstered if there was a logical explanation for the change, e.g., the jurisdiction further loosened regulations in 2020.

Projecting a higher number of ADUs than what has been demonstrated through permit approvals in recent years may be possible, but more challenging. A slightly larger number may be warranted if a robust, funded, and clear plan to increase production has been put in place. However, you are strongly encouraged to coordinate with HCD before deviating from the standard methodology.

ADU sites are not listed in the site inventory, rather they are summarized and tallied in their own subsection.

Determining the Income Distribution
ABAG conducted an analysis of ADU affordability and concluded that in most jurisdictions, the following assumptions are generally applicable. Many jurisdictions are choosing to use these numbers in lieu of conducting their own affordability analysis.

Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Table 1. Percent of ADUs Affordable to Different Income Categories Percent Income Category
30% Very low income
30% Low income
30% Moderate income
10% Above moderate
Please contact your County Collaborative Technical Assistance Provider for more information on affordability. A few key points are summarized below:
• Use building permits issued for the estimate.
• Jurisdictions do not need to list the addresses for potential ADUs. • Make sure the assumptions in your Housing Element match the numbers reported in past year APRs.

Please visit the ABAG Housing Technical Assistance page for more information, including a webinar that covers this topic.

Sample Housing Element Write Up
The following is what a jurisdiction might include in their sites inventory section of the housing element.

Since City amended its ordinance in 2019, the number of ADUs permitted has significantly increased.

City’s ordinance goes beyond state law and allows 1,200 square foot ADUs. Additionally, the City website has an entire section devoted to ADUs with clear information about the standards and approval process. On average, the building department provides comments to completed ADU applications in 10 days.

Since 2019, the City has issued an average of 12.75 ADU permits per year, as listed below.

Year Building Permits
2017 2
2018 1
2019 10
2020 15
2021 10
2022 16 (estimate based on first 6 months)

Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Based on the annual average of 12.75 ADU permits per year since 2019, the City is projecting 102 ADUs being permitted over the eight year planning period and is using ABAG’s survey data to distribute the projected units by income category:

Income Category Percentages Totals
Very low 30% 30
Low 30% 31
Moderate 30% 31
Above moderate 10% 10
Based on these calculations, the City is able to meet approximately 1/7 of its RHNA through ADUs, and must accommodate another 598 units on the sites detailed in the sites inventory. See table below for a summary:

V Low Low Mod Above Mod Total
RHNA 200 200 100 200 700
Pipeline / Approved Units 0 0 0 0 0
ADUs 30 31 31 10 102
Remaining RHNA 170 169 69 190 598
ADUs and Level of Scrutiny of Other Sites in Housing Elements Cities that are heavily dependent on redevelopment sites (or technically nonvacant sites) face more scrutiny in their lower income sites inventory. ADUs can help some cities avoid this additional scrutiny/analysis. To simplify: if greater than 50 percent of the lower income RHNA can be satisfied by vacant sites, under construction (pipeline) projects, and projected ADUs, cities can avoid the higher standard.

For example: If the lower income RHNA is 100 and there are ten units under construction and sites for ten vacant units, a jurisdiction can avoid the heightened scrutiny if ADU projections are at least 31 units for the housing element period. (Half of 100 is 50. 10 under construction plus 10 vacant plus 31 ADUs is 51, or greater than 50.)

Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Programs To Rezone
Technical Memo
*Please note: This is a summary of the rules regarding programs to rezone. In some cases, details have been omitted for clarity. Please discuss with your City Attorney or County Counsel.

Adequate Sites Program
If a jurisdiction’s Housing Element does not identify enough existing, properly zoned sites to accommodate its RHNA, the Housing Element must have a program to rezone properties for housing to make up for the shortfall. This program can be an overlay zone on specific sites. The following rules apply to the sites that need to be rezoned (i.e., the zoning is not in place on January 31, 2023).

Program Requirements
Requirements that Apply to Sites Regardless of Income Level • Listed in sites inventory: All sites that are proposed to be rezoned must be listed in the sites inventory.
• Replacement requirements: All sites, including those listed in the site inventory, must be subject to the lower income replacement housing requirements contained in density bonus law, even if they do not have any deed restricted housing. • Sufficient sites: The jurisdiction must identify enough sites to rezone to cover any shortfall. • Rezoned in sufficient time: The jurisdiction should also identify a timeline that matches state law (see below).

Requirements that Apply to Low and Very Low Income Sites The rules regarding very low and low income sites are more complicated. If the rezoning occurs after January 31, 2023, the rezoning program(s) must include the following components:
• By right approval: The zoning must allow for by-right approvals if at least 20% of the units in a project are affordable to lower income households and the project does not need a subdivision.

See below for definition of “by right.”
• Limits on small sites: The site must be large enough for at least 16 units under the rezoning. • Minimum 20/30 units per acre: The zoning must allow at least 20/30 units per acre, depending on the agency’s default density, unless adequate justification can be provided to HCD to support a lower density as suitable for lower income housing. If you don’t know your default density, HCD provides guidance here.

Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov • Limits on mixed-use development: There are limits on using mixed-use sites. Specifically, the jurisdiction must meet one of the two following conditions:

1. At least half of the lower income units must be placed in zoning districts that are exclusively residential, or

2. The rules must allow for 100% residential development and must require that the proposed development be at least 50% residential by floor area.

Definition of By Right
Applies to lower income sites if 20% of units are affordable to lower income households and no subdivision is required.

Jurisdictions may not require a conditional-use permit, a planned unit development permit, or any other discretionary permit. Any CEQA review must be done at the time of the rezoning approval. The housing project itself is not subject to CEQA.

Any subdivision of a site is subject to the Subdivision Map Act, CEQA, and all other local laws. Design review is acceptable as long as:

1. It does not trigger CEQA,

2. It is based on objective standards, and

3. It does not result in the project being rejected or the density reduced.

See the end of the memo for the statutory language regarding by right approvals.

Timing
The rezoning program should be implemented as early as possible. The timing of the rezoning depends on when whether the Housing Element is certified within 120 days of the Housing Element deadline. (The deadline is January 31, 2023, and 120 more days is May 31, 2023.)

1. If a Housing Element is certified by May 31, 2023, the rezoning must happen by May 31, 2026 (3+ years from the deadline).

2. If the Housing Element is not certified by May 31, 2023, the rezoning must be completed by January 31, 2024.

3. If rezoning is needed because the agency failed to complete all required rezoning in the fifth cycle, the “carryover” rezoning must be completed by January 31, 2024.

Please note: Of the 197 jurisdictions in the Southern California region, 2 were certified within 120 days of the deadline.

Under certain circumstances, if jurisdictions complete 75% of their rezoning on time, they may be eligible for an extension for the final 25%.

Consequences of Not Rezoning on Time
If a local government fails to complete the rezoning by the deadline, HCD may decertify a housing element and may refer the jurisdiction to the Attorney General. Per the Housing Accountability Act, for housing development projects where at least 20% of the total units are affordable, in most cases a locality cannot reject a proposed development project on a site identified by the rezoning program.

Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Sample Language
HCD offers the following sample language that could be included in a Housing Element, with edits in red.

Sample Program 1:

To accommodate the remaining lower-income RHNA of 89 units, the City of X will identify and rezone a minimum of 4.5 acres of vacant land to the R3 zoning district, allowing exclusively residential uses and a minimum of 20 units per acre to a maximum of 30 units per acre by June 30 January 31, 2024. Rezoned sites will permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income households and do not require a subdivision and will be selected from sites 20 through 30 in the parcel listing (Appendix A). As reflected in Appendix A, each site has the capacity to accommodate at least 16 units and will be available for development in the planning period where water, sewer, and dry utilities can be provided.

Objective: Create opportunity for at least 89 units of multifamily housing for lower income households
Responsible Agency: Community Development Department
Timeline: Sites rezoned by June 30, 2024
Funding Source(s): General fund
Sample Program 2: Rezone Program on Mixed-use Sites
To accommodate the remaining lower-income RHNA of 150 units, the City will identify and rezone 8 acres of sites within the MU-30 zoning district, allowing owner-occupied and rental multifamily residential uses “by-right”, at a minimum of 20 units per acre by June 30, 2017 January 31, 2024.

Sites will allow projects to be 100 percent residential by-right but shall require residential uses to occupy at least 50 percent of the total floor area of the mixed-use project. Rezoned sites will permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income households and do not require a subdivision and will be selected from sites 15 through 30 in the parcel listing (Appendix A) and have the capacity for at least 16 units per site.

Objective: Create opportunity for at least 150 units of rental housing for lower income households Responsible Agency: Community Development Department
Timeline: Sites rezoned by June 30, 2024
Funding Source(s): General fund

Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Statutory Language Regarding By Right
For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5

Site # Site
Address/Intersection
Assessor
Parcel Number
Zoning
Designation
(Current)
Zoning
Designation
(New)
Minimum
Density
Allowed
(units/acre)
Parcel Size
(Gross
Acres)
No. of
Existing
Units
Very Low
Income
Capacity
Lower
Income
Capacity
Moderate
Income
Capacity
Above
Moderate
Income
Capacity
(Net)
Total
Capacity Comments
1A 15191 Karl Ave 40940006 R-1-44 same 1.0 5.61 0 5 5
Assume 5.61 acres of 10.4-acre site
developed; very low-income ADU required
w/ SFD
2A 17821 Vineland Ave 40941016 R-1-44 R-1-20 2.0 1.08 1 1 1 2B 17795 Vineland Ave 40941013 R-1-44 R-1-20 2.0 1.00 1 1 1 2C 17771 Vineland Ave 40941022 R-1-44 R-1-20 2.0 1.32 0 2 2 2D 17705 Vineland Ave 40941009 R-1-44 R-1-20 2.0 0.48 1 0 0 2E 15445 Karl Ave 40941008 R-1-44 R-1-20 2.0 0.52 1 0 0 2F 15420 Karl Ave 40936005 R-1-44 R-1-20 2.0 0.97 1 0 0 2G 17597 Vineland Ave 40936004 R-1-44 R-1-20 2.0 0.98 1 0 0 2H 17585 Vineland Ave 40936002 R-1-44 R-1-20 2.0 1.01 1 1 1 2I 17551 Vineland Ave 40936001 R-1-44 R-1-20 2.0 1.01 1 1 1 3A 15541 Palos Verdes Dr 41002012 R-1-20 same 2.0 1.00 2 0 0 18540 Bicknell Road 41040023 R-1-44 R-1-20 2.0 1.33 1 1 1 18480 Bicknell Road 41040020 R-1-44 R-1-20 2.0 1.06 1 1 1 18450 Bicknell Road 41041001 R-1-44 R-1-20 2.0 1.00 1 1 1 18420 Bicknell Road 41041002 R-1-44 R-1-20 2.0 1.01 1 1 1 18400 Bicknell Road 41041003 R-1-44 R-1-20 2.0 1.18 1 1 1 15010 Becky Lane 41042007 R-1-44 R-1-20 2.0 1.17 1 1 1
18360 Bicknell Road 41042008 R-1-44 R-1-20 2.0 1.13 1 1 1 18330 Bicknell Road 41042009 R-1-44 R-1-20 2.0 1.13 1 1 1 18310 Bicknell Road 41042010 R-1-44 R-1-20 2.0 1.16 1 1 1 18190 Bicknell Road 41042020 R-1-44 R-1-20 2.0 0.75 1 0 0 15116 Via Lomita 41043019 R-1-44 R-1-20 2.0 1.12 1 1 1
15050 Danielle Place 41043020 R-1-44 R-1-20 2.0 1.01 1 1 1 15012 Danielle Place 41043006 R-1-44 R-1-20 2.0 1.01 1 1 1 Subtotal of Vacant and
Re-Zoned Sites 0 0 0 23 23
ADUs 91 26 0 0 117
SB9
(Assumed/Required) ? ? ? 53 ? Based on responses from Property Owner Interest letter
Total 91 26 0 76 193 100%
RHNA 53 30 31 79 193
Difference 38 -4 -31 -3 0

Attachment 4
Vineland Avenue Sites

Attachment 5
Bicknell Road Sites

T.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031 Tel: 408.354.1863 Fax: 408.354.1823
Memo: Housing Element Recommendations
To: City Council & S&A Committee Members
From: Tony Jeans May 20th, 2022
Having just read both the Housing Element and SB-9 Staff reports we must all thank Diana for her hard work. It is clear to me that these two important issues must be taken together as they are fully interlocked.

The Housing Element requires that the City plan for growth in all aspects of housing.

SB-9 offers the City some help to accommodate that growth in a responsible way.

The problem is that the conservative way in which the City has implemented SB-9 as of this date has not allowed SB-9 to become part of the solution. None of the people that I have talked to in relation to SB-9 have any real interest in using it. So the City has lost a valuable tool in helping to solve the housing needs of the City, the community and, by projection - the state.

I am seeing in the Housing Element discussion some suggestions as to how the City can play its part in this process. Because we do not want to allow/encourage multi-family housing [a viewpoint which I fully espouse – as I chose to live here too] we must look to allow more single family homes within the City, and more ADUs, which provide accommodation for a myriad of different needs and persons who want to live and work locally. We can look at history as a guide in this instance. The State imposed the ADU law on us in 2017 and now homeowners are building ADUs in a reasonably responsible way.

Re-zoning selected areas of the City into smaller lots to accommodate growth allows the City to retain some control. But when I look at some areas being discussed I do not see a ‘master plan’, which will allow the city to grow in an orderly manner. I see developed properties, I see flag lots and I also am skeptical as to whether an entire swath of the community will ‘sign up’ for it. I also believe that if/when it does happen the primary beneficiaries will be developers.

With SB-9 the City has to cede some of its authority because the City cannot control who asks to do a lot-split, which I understand can be painful. But, just like everyone feared when ADUs were first proposed, I think that responsible development will follow and the world will not come to an end. The reason I am optimistic, is that the beneficiaries will be Monte Sereno Residents! Just Like ADUs. Not Developers.

The SB-9 law requires the property-owner to be instrumental in the lot-split process. They have probably lived there for some while and will have to live there for at least 3 more years [SB-9 requirement] with their neighbors and will act responsibly in what they do – so that the new ‘house next door’ fits in to the community. [The City’s existing rules allowing 2 x 800 sq ft rentals will not do that – but hopefully this will change]. But the several residents who have talked to me about this law want to guide the design of their future next-door neighbors’ house - so I am cautiously optimistic that Monte Sereno will not change radically.

So perhaps a mix of ‘forced re-zoning’ and ‘selective re-zoning/SB-9’ is a good balance.

From: Javed Ellahie
To: Michelle Estabillo; Gloisy Gonzalez-Langarica
Cc: Steve Leonardis; Atif Zahoor
Subject: FW: ZARA ADU & ECONENTIAL ADU
Date: Tuesday, May 24, 2022 5:03:05 PM
Attachments: Copy of Viola · SlidesCarnival.pdf
Mr. Zahoor:

Thank you for forwarding
This may be a relevant for today’s meeting as it relates to ADU.

Please add to the Agenda.

Thanks
Javed
PS to Mr. Zahoor: I have requested your material to be added to the agenda.

The meeting starts at 6pm. Agenda is available at City of Monte Sereno - Meeting Information (civicweb.net)
Javed I. Ellahie
Mayor
Monte Sereno
2542 S. Bascom Ave, Suite 235
Campbell, Ca 95008
Cell: 408.355.5459
From: Atif Zahoor <[email protected]>
Sent: Tuesday, May 24, 2022 4:41 PM
To: Javed Ellahie <[email protected]>
Subject: ZARA ADU & ECONENTIAL ADU
Hi Javed,
Thank you for giving me the opportunity to present my prefabricated accessory dwelling unit. (Made in Napa CA) Please see the attached presentation. I need your 60 seconds to brief you about our ADU models. We have recently submitted for approvals to Saratoga and Dublin. --
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ZARA REALTORS | ZARA CONSTRUCTION
L:Real Estate Broker # 02138782 | General Engineer A&B #1063261 M: +1(650) 353 8485 | W: www.zaraconstructiongroup.com

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13

STAFF REPORT
Meeting: Joint Special Meeting of the City Council and Site and Architectural Commission - May 24 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Provide Direction to Staff on SB9 Ordinance Modifications Recommendation(s):

Staff recommends that the Site and Architectural Commission and the City Council provide direction regarding preparation of an ordinance to revise the Municipal Code standards for SB9 two-unit residential development projects and urban lot split projects as follows:
• Revise the maximum building size allowed for an SB9 project to equal the allowable size of a one-story building under the applicable Zoning District Regulations. • Revise height limits to specify that SB9 projects are limited to one-story with a maximum building height equal to that allowed for a one-story building under the applicable zoning district regulations.
• Remove the size limit of coverage porches.
• Remove the impervious coverage restrictions specific to SB9 projects and use the limitations provided in the applicable zoning district regulations. • Allow property owners to have the option of ministerial review or discretionary review for development on lots created through an urban lot split, by removing restrictions that urban lot split lots can only be used for 800 square foot dwelling units Background Information:

Senate Bill (SB) 9 was signed into law by Governor Newsom on September 16, 2021 and was effective on January 1, 2022. The most significant component of this bill is that it requires the City allow for the following for single-family zoned lots meeting specific eligibility requirements:
(1) ministerial approval of up to two housing units (Residential Development), and (2) ministerial approval of a one-time, two-lot subdivision (Urban Lot Split).

Although the new law supersedes varying local regulations regarding subdivision and development standards, SB9 preserves some authority for local agencies to enact regulations for these projects through the adoption of new objective standards, provided that they do not prohibit the construction of at least two dwelling units of at least 800 square feet.

On January 4, 2022 the City Council adopted an ordinance that incorporated the state SB9 regulations with additional local objective standards for these projects. The ordinance is included as Attachment 1 to this report. Attachments 2 and 3 include the City’s informational brochures for the SB9 Urban Lot Split and Residential Development, which summarize the main requirements of the current ordinance.

Analysis:

Staff has received numerous inquiries over the past several months from customers regarding potential SB9 projects; however, no applications have been submitted. The feedback received has consistently stated that the 800 square foot building size limit makes an SB9 project impractical.

On March 22, 2022, the City Council received a letter from Berliner Cohen LLP (Attachment 4) on behalf of several Monte Sereno property owners regarding the city’s SB9 ordinance. The letter raises questions regarding several aspects of the city’s SB9 ordinance and urges the City Council to revisit certain aspects of the current ordinance.

Staff met with the property owners who are represented by Berliner Cohen LLP and their designer to hear their concerns with the current standards and suggestions for revisions. The main issues raised by these property owners were as follows:
• The 800 square foot limit for new dwelling units
• The 150 square foot limit for covered porches/patios
• Requirement that Impervious Coverage to limited to the underlying zoning district rather than the effective zoning district
• The inability to use the standard discretionary permit process (i.e. Site Development Permit heard by the Site and Architectural Commission) for lots created with an Urban Lot Split Comparison with Other Local Jurisdictions
As there was a relatively short timeframe between when the Governor signed the SB9 legislation on September 16, 2021 and when the new laws were effective on January 1, 2022, cities throughout the state were developing their ordinances concurrently. While there was much discussion between staff in local jurisdictions, the urgency to have an ordinance in place by January 1, 2022 did not allow for full a full comparative analysis of what other jurisdictions may have been pursuing. Additionally, some local jurisdictions have revised their SB9 ordinance since the initial adoption.

Attachment 5 includes a comparison between the Monte Sereno requirements and other local jurisdictions for several of the major requirements for SB9 projects.

Housing Element Regional Housing Needs Allocation (RHNA) As part of the Housing Element update that is currently in process, the city is required to plan for an additional 193 housing units over the planning period from 2023-2031. Staff has been working extensively with EMC Planning Group, the city’s consultant, to provide options to the community and the City Council for meeting this requirement. While preliminary, it appears that city can expect to have adequate sites in its housing inventory for up to 117 new Accessory Dwelling Units and up to 23 new housing units (pending approval of potential re-zoning and receiving interest from property owners).

This totals 140 units, which is 53 short of the 193 requirement and does not include any additional buffer (which is typically recommended at 20% - 30% of the RHNA allocation). Typically, it is

recommended that the City’s housing element and inventory include a buffer of adequate sites in excess of what is required by the RHNA, to avoid triggering requirements under California’s No Net Loss law (Government Code Section 65863) to zone for additional adequate sites if the actual development of a parcel is approved at a lower density than what was originally anticipated in the housing element. Additionally, including a buffer is more likely to result in the actual construction of the number of units called for by the RHNA.

Revisiting the SB9 ordinance to provide standards that would encourage the development of additional housing units is a path to meeting the RHNA requirements without specifically rezoning to allow for more multi-family housing.

SB9 Fact Sheet
In March, the California Department of Housing and Community Development (HCD) published an SB9 Fact Sheet (Attachment 6). This Fact Sheet was published by HCD for informational purposes and is not intended to provide interpretation of the state law, and HCD is not responsible for enforcement of SB 9. However, it does provide HCD’s position on SB 9 in relation to other state housing laws, such as Housing Element law, which are enforced by HCD.

Staff Recommendation
Based on the information above, staff recommends revisions to the City’s existing SB9 regulations which are described below. Additionally, a draft of potential revisions to the current ordinance is included in Attachment 7.

Please note that the current Zoning District Regulations include a provision that if the lot size of a parcel is closer to the minimum lot size required for a different zoning district, the regulations of that other zoning district would apply. For example, if a parcel is zoned R-1-44, which requires a minimum lot size of 43,560 square feet, but the actual parcel size is 30,000, the development standards of the R-1-20 zoning district would apply as the parcel size is closer to 21,780 square feet (which is the minimum required for the R-1-20 zoning district). The actual zoning designation of the parcel remains R-1-44; however, the development standards are based on the R-1-20 district (i.e. building area, structural coverage, impervious coverage, etc.).

Maximum Building Size
The City’s current SB9 requirements limit the building size of a new dwelling unit to 800 square feet. This limitation was created based on SB9 law which expressly allows local jurisdictions to adopt objective standards for SB9 projects as long as those standards allow for development of up to two units that are a minimum of 800 square feet. Based on feedback staff has received, this has been the main item that deters property owners from submitting an application under the City’s existing SB9 regulation.

Staff recommends modifying this requirement to allow the sum total of floor area for all dwelling units constructed on a parcel to not exceed the maximum building size allowed for a single-story dwelling unit allowed in the applicable zoning district under the Zoning District Regulations. Following is a comparison of the building size allowed:

Square Footage Allowed for a One-Story Building
Zoning District Current Zoning
District Standards
Current SB9
Standards
Proposed SB9
Standards
R-1-44 3,300 800 3,300
R-1-20 4,950 800 4,950
R-1-8 6,600 800 6,600
Staff also recommends an exception to the building size noted below, to allow a second SB9 unit to be constructed of a size allowed for Accessory Dwelling Unit (ADU) under the current Zoning District Regulations. This exception would allow the following:
• A second unit of up to 1,000 square feet in the R-1-8 and R-1-20 zoning districts or up to 1,200 square feet in the R-1-44 zoning district shall be allowed where all applicable zoning district regulations of Section 10.05 are met including, but not limited to the maximum building size, maximum impervious coverage and maximum structural coverage.
• A second unit of up to 850 shall be allowed in the R-1-8, R-1-20, and R-1-44 zoning districts notwithstanding the maximum building size, impervious coverage and structural coverage of Section 10.05.

As the HCD SB9 Fact Sheet cautions local jurisdictions from implementing unique development standards for SB9 projects, staff recommends the allowable building area be revised to match that which is allowed by the current Zoning District Regulations for a onestory dwelling unit.

Number of Stories and Building Height
The State SB9 regulations require that local jurisdictions allow a side and rear yard setback of four feet. The current SB9 requirements limit the height of a new dwelling unit to one story when it is located within the Zoning District Regulations side and rear setback area. The Zoning District Regulations require side yard setbacks of six to 20 feet (depending on the zoning district) and a rear yard setback of 30 feet. To eliminate the possibility of a new twostory dwelling unit being constructed four feet from the side or rear yard setback, the City’s existing SB9 regulations limit building height to 16 feet, subject to the applicable building height limits in the applicable zoning district in the setbacks.

Staff recommends modifying this requirement to limit all new dwelling units constructed under the SB9 regulations to one story and that the building height match what is allowed for the zoning district under the Zoning District Regulations. Following is a comparison of the building heights allowed:

Building Heights Allowed
Zoning District Current Zoning
District Standards
Current SB9
Standards
Proposed SB9
Standards
R-1-44 14’ to the setback
30’ overall
14’ to the setback,
maximum 16 feet.
14’ to the setback
21’ overall
R-1-20 14’ to the setback
30’ overall
14’ to the setback,
maximum 16 feet
14’ to the setback
21’ overall
R-1-8
14’ to the setback
30’ overall
14’ to the setback,
maximum 16 feet
14’ to the setback
21’ overall
Staff recommends limiting the building height allowed for a ministerial project to avoid potential privacy impacts that two-story buildings can create on adjacent properties.

Covered Porch Limitation
The current SB9 standards limit the size of covered to porches 150 square feet in total with at least one third of the area at the front of the dwelling unit. The requirement was designed to keep the covered porch area in scale with an 800 square foot dwelling unit (which is the current maximum size allowed).

As staff is recommending increasing the allowable square footage for SB9 projects, the reason for the limitation on the size of covered porches would no longer be applicable. Covered porch area is included in the total overall structural coverage allowed and may also be included in the building size (when enclosed by the dwelling unit on three sides). Therefore, the current standard zoning regulations would effectively limit covered porch areas.

Impervious Coverage Requirements
In the discussion below, the term ‘actual zoning district’ refers the designated zoning district of the property. And the term ‘effective zoning district’ means the development standards used based on the size of the parcel.

The current ordinance requires that lots created through the Urban Lot Split process maintain the impervious coverage limit of the actual zoning district rather than the effective zoning district applicable to the new lots. As new lots created through an Urban Lot split, the smaller lots will likely have a different effective zoning district from the actual zoning district, which may result in an overall increase in impervious coverage over the two lots than was allowed for the single lot.

However, projects are subject to the Monte Sereno Municipal Regional Stormwater Permit, which requires new construction to maintain storm water run-off on-site. Therefore, regardless of the impervious coverage limitations in the zoning regulations, all new construction is required to eliminate storm water run-off to adjacent properties. Thus, one of the main reasons for requiring a different impervious coverage regulation for urban lot splits may not be necessary.

Urban Lot Split Restrictions and Use of Discretionary Review Under the current requirements, if a property owner were to complete an Urban Lot Split, the lots are restricted so that development of any new dwelling units on the lots are limited to two dwelling units with a maximum of 800 square feet each, per lot.

Staff recommends eliminating the requirement that lots created through an Urban Lot Split be limited to two dwelling units of 800 square feet. First, this eliminates the potential to create new legal non-conforming conditions on urban lot split lots that may already have a dwelling unit prior to the lot split. Additionally, removal of the 800 square foot limit would allow a property owner to apply for a ministerial review of new housing units using either the SB9 twounit development provision or have the option to apply for a discretionary Site Development Permit to be heard by the Site and Architectural Commission.

Alternatives:

1. Staff recommend revisions of the municipal code to modify the City’s SB9 regulations as follows:
• Revise the maximum building size allowed for an SB9 project to equal the allowable maximum building size of a one-story building under the zoning district regulations. • Specify that SB9 “two-unit” projects are to be one-story with a maximum building height equal to that allowed for a one-story building in the zoning district regulations. • Remove the size limit of coverage porches.
• Remove the impervious coverage restrictions specific to SB9 projects and use the limitations provided in the zoning district regulations. • Remove 800 square foot size limits imposed on dwelling units developed on urban lot split lots, to allow property owners to have the option of ministerial review or discretionary review for development on lots created through an urban lot split.

Such draft ordinance would be presented to the Site and Architectural Commission at their July 6, 2022 meeting for their review and recommendation to the City Council on August 2, 2022 for action on the first reading.

2. Direct staff to prepare a draft ordinance to revise the Municipal Code to modify the SB9 Residential Development standards as deemed necessary. Such draft ordinance would be presented to the Site and Architectural Commission for their review and recommendation to the City Council before being presented to the City Council for final action.

3. Take no action.

Public Noticing:

The City of Monte Sereno's City Council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org. Additionally, notification of this meeting was sent through email to a list of interested community members.

Attachments:

1. Current SB-9 Ordinance - Ordinance NS 229

2. SB-9 Urban Lot Split Brochure with Current Requirements

3. SB-9 Residential Development with Current Requirements

4. Letter Received from Berliner Cohen LLP dated March 22, 2022

5. Comparison of Monte Sereno Requirements with other Local Jurisdictions

6. California Department of Housing and Community Development SB9 Fact Sheet

7. Potential Revisions to SB9 Regulations

Attachment 1
Current SB-9 Ordinance

Docusign Envelope ID: E18’l87CF»925’l-4A3’l-8113~EA3993CEBOBF ORDINANCE NO. NS-229

AN ORDINANCE OF THECITYCOUNCILOF THECITYOF MONTE SERENOAMENDING CHAPTER

9.04 (GRADING),CHAPTER10.05 (ZONING DISTRICTREGULATIONS),SECTION 10.06.140 (ACCESSORYDWELLINGUNITS), CHAPTER10.08 (SITEDEVELOPMENTPERMITS AND PLANNED DEVELOPMENTPERMITS),AND CHAPTER 10.15 (TREEPRESERVATION),AND ENACTING CHAPTER13.05 (URBAN LOTSPLITS)FOR THE IMPLEMENTATION OF GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7
WHEREAS,SB—9(Chapter 162, Statutes of 2021) enacted sections 65852.21 and 66411.7 to the Government Code, effective January 1, 2022; and
WHEREAS,these provisions require cities to provide ministerial approval of urban lot splits and the construction of up to two dwelling units on single family residential lots within any urbanized area of the City, as designated by the US Census Bureau, subject to certain limitations; and
WHEREAS,Government Code Sections 66411.7(a) limits eligibility of urban lot splits by size and proportionality; and
WHEREAS,Government Code Sections 658S2.21(a)(2) and 66411.7(a)(3)(C) limits such urban lot splits and construction to sites that are not located on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties; and
WHEREAS,Government Code Sections 65852.21(a)(3) through (a)(5), limits eligibility of such construction of secondary units that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant—occupied within the past 3 years; and
WHEREAS,Government Code Sections 66411.7(a)(3)(D) also limits eligibility of an urban lot split that proposes to proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a

DocuSign Envelope lD: E18187CF-9251»4A31~8113~EA3993CEBOBF Historic Resource inventory 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; and WHEREAS,Government Code Sections 65852.21(b) and 66411.7(c) allows a city to establish objective zoning standards, objective subdivision standards, and objective design review standards for projects, subject to limits within state law; and WHEREAS,such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of "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"; and
WHEREAS,Government Code Sections 65852.21 and 66411.7 allow a city to deny a proposed housing development or urban lot split ifthe 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 or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and WHEREAS,the City of Monte Sereno has multiple parcels in the Wildland Urban Interface (WUI)zone, as well as parcels in a designated as being included in the Very High Fire Hazard Severity Zone (VHFHSZ),as officially designated by Ca|FlRE; and WHEREAS,Monte Sereno in included in the list of Communities at Riskfrom wildfires on the Federal and/orCalifornia Fire Alliance list of Communities at Riskin Santa Clara County; and WHEREAS,the City of Monte Sereno contains multiple neighborhoods, including those within the WUI and VHFHSZ, that do not have an secondary egress route available in case of fire or natural disaster; and
WHEREAS,the City desires to enact a clear application process to ensure that projects involving parcels within the WUI and VHFHSZwillbe reviewed carefully to ensure compliance with eligibility requirements and in light of the public health, safety, and welfare; and WHEREAS,the City of Monte Sereno has multiple parcels with considerable slopes; and WHEREAS,grading for construction or access on heavily sloped lots creates adverse impacts to the physical environment by denuding natural vegetation and destabilizing soils, and

DocuSlgn Envelope lD: E18187CF-9251~4A31-8113-EA3993CEBDBF structural and impervious coverage limitations for ministerially—approved projects under Sections 65852.21(a)(2) and 66411.7; and
WHEREAS, in order to protect the public health and safety, the City Council desires to provide guidelines for projects subject Government Code Sections 65852.21 and 66411.7; and NOW THEREFORE,the City Council of Monte Sereno does ordain as follows:

SECTION1. Amendment of Chapter 9.04. Section 9.04.080 (Engineered grading permit) and Section 9.04.090 (Exception to permit requirement) of Chapter 9.04 of the Monte Sereno Municipal Code is hereby amended to read in entirety as follows:

9.04.080 Engineered grading permit.

Any cumulative grading on any parcel which exceeds one thousand (1,000) cubic yards shall require an engineered grading permit which shall be issued in accordance with the same procedures required for a use permit in the zoning title of the Monte Sereno Municipal Code, except for where such grading isto be performed in conjunction with a project first permitted under section 10.0S.080, section

10.06.140, or chapter 13.06, in which case the engineered grading permit shall be issued by the city engineer in accordance with the provisions of section 9.04.160. Allbuilding and grading permit applications shall include an established, permanent elevation within reasonable proximity to the proposed building pad. The benchmark shall be set by a licensed surveyor.

9.04.090 Exception to permit requirement.

Unless it constitutes cumulative grading requiring an engineered grading permit, a permit under this chapter is not required for the following:

A. An excavation which:

1. Is less than five (5) feet in depth below natural grade and adequately supported by a retaining structure designed in accordance with the Uniform BuildingCode; or

2. Does not create a cut slope greater than seven (7) feet in height, or steeper than two (2) horizontal to one vertical; or

3. Does not exceed fifty (50) cubic yards.

B. A fill not intended to support structures and which does not obstruct a drainage course or alter existing drainage patterns if:

1. Such fill is placed on natural grade that has a slope not steeper than five (5) horizontal to

Docusign Envelope ID:E18187CF~9251-4A31-8113-EASQQSCEBOBF C. An excavation below finished grade for basements and footings of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade.

D. improvement of watercourses and construction of drainage, irrigation and domestic water supply systems and facilities performed under the supervision of the FloodControl District, an agency of the Federal or State Government, a water or sanitation district, or an irrigation or reclamation district or the City.

E. The construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency.

F. Emergency work, as authorized by the City Engineer necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way.

G. Excavation for installation of underground storage tanks where the capacity of the tanks does not exceed twenty thousand (20,000) gallons.

H. The structural section ofsubdivision streets in tracts for which subdivision improvement plans have been reviewed by the City Engineer and the work is being inspected by that department. i. Temporary stockpiles of topsoil materials required for landscaping lots being graded in the immediate area for building purposes ifthe stockpiles are not placed within a public right—of— way, do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard, as determined by the City Engineer. The land shall be graded to comply with this Chapter after removal of stockpiles.

J. Clearing vegetation when allof the following conditions are met:

1. The slope of the ground is ten percent (10%) or less.

2. The area to be cleared is one (1) acre or less.

3. Land disturbance is at least one hundred (100) feet from the centerline of the watercourse or at least one hundred (100) feet from the water line of a waterbody. in the event any of the above—|isted will result in cumulative grading requiring an engineered grading permit, no grading shall be permitted until such permit is issued pursuant to section 9.04.080.

SECTION2. Enactment of Section 1005.080. Section 10.05.080 of the Monte Sereno Municipal Code is enacted to read as follows:

10.05.080 Residential Developments Under Government Code Section 65852.21

Docusign Envelope lD: E18187CF-9251»4A31—8‘l13-EA3993CEBOBF C. Notwithstanding anything in this Title 10 to the contrary, a residential development containing no more than two residential units on one legal lot within any residential zone may be constructed following approval of a site development permit issued by the City Planner under section 10.08.050.E, without discretionary review or a public hearing, ifthe proposed housing meets allof the standards set forth below. A residential development may be permitted under this section ifthe development proposes no more than two new units in total on the parcel or if it proposes to add one new unit to a lot with one existing unit. If a parcel includes an existing single—familydwelling, one additional unit may be developed pursuant to this section. If a parcel does not include an existing single—familydwelling, or if an existing sing|e»family dwelling is proposed to be demolished in connection with the creation of a two— unit residential development, two units may be developed pursuant to this section.

D. A residential development shall not be approved in each of the following circumstances:

1. The residential development would require demolition or alteration of any of the following types of housing:
a. Housing that issubject 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.

2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, 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.

4. The parcel does not satisfy the requirements specified in subparagraphs (B)to (K),inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

E. Residential developments under this section shall conform to all objective property development

Docusign Envelope ID:E18167CF-9251-4A31~8113~EA3993CEBOBF

1. 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. Verification ofsize and location of the existing and proposed structure requires pre— and post—construction surveys by a California licensed land surveyor.

2. A setback of at least four feet is required from the rear and side property lines. Front yard setbacks shall be as required for the zone in whichthe property is located.

F. Residential developments under this section shall be subject to the following additional standards and requirements:

1. if any portion of any proposed new dwelling unit would be located in any of the front, side, or rear setbacks applicable to a single~story building district in the same zoning district as set forth in Chapter 10.05, the height of the proposed new dwelling unit shall not exceed 16 feet in height.

2. if a proposed dwelling unit will be connected to an onsite wastewater treatment system, the applicant shall provide a percolation test completed within the last 5 years, or, ifthe percolation test has been recertified, within the last 10 years.

3. Alldwelling units created shall have independent exterior access. Interior access between attached dwelling units shall be prohibited.

4. Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this section shall only be used for rentals of terms of longer than thirty days. it shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this section for a term that is thirty days or less.

5. A minimum of one off—streetparking space shall be provided for each dwelling unit except where the parcel meets one of the following instances:
a. The parcel is located within one—ha|f mile walking distance of either a high—qua|ity 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.

6. When construction of a new dwelling unit is proposed on a parcel with an existing dwelling

DocuSign Envelope ID:E18187CF-9251-4A3‘l-8113-EA3993CEBOBF

7. Each dwelling unit constructed under this section shall be on a separate utility connection directly between each dwelling unit and the utility for water, sewer, and electrical utilities. Gas utility connections shall be prohibited for such dwelling units.

8. The building size for each dwelling unit constructed shall be a maximum of eight hundred (800) square feet.

9. Each unit in a two—unitresidential development shall be separated by a distance of at least ten feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow a separate conveyance.

10. Second story exterior decks and balconies, and rooftop decks, shall be prohibited on dwelling units constructed under this section.

11. Each new dwelling unit shall have installed a listed raceway to accommodate a dedicated 208/240-voltbranch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the required off—streetparking in order to accommodate installation of an EVcharger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/orsubpanel shall provide capacity to install a 40—ampere 208/240—volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

12. Exterior covered space that is attached to the dwelling unit, including but not limited to covered porches and patios, shall not exceed a total of 150 square feet, and at least one third of the square footage of the attached exterior covered space shall be attached to the front of the dwelling unit.

G. in cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.
5ECTlON3. Amendment of Section 10.06.140. Section 10.06.14O of the Monte Sereno Municipal Code is amended to read in entirety as follows:

10.06.14O Accessory dwelling units; junior accessory dwelling units; standards and requirements.

Docusign Envelope lD: E18187CF-9251»4A31-8113-EA3993CEBOBF apply to all accessory dwelling units and junior accessory dwelling units, and in the event of conflict with any provision ofthis code, the below standards shall be deemed to apply:

A. Accessory Dwelling Unit Standards:

1. Accessory dwelling units shall be permitted on all residential lots in accordance with the requirements of this Section.

The accessory dwelling unit shall be either attached to the existing primary dwelling, or located within the livingarea of the existing dwelling, or attached to an existing accessory structure, or detached from the existing primary dwelling and located on the same lot as the existing primary dwelling.

Size. Accessory dwelling units are limited to the following sizes:

Zoning District Size Limitation
R-1-8 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.

R—1—20 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.

R—1-44 1,200 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.

RM~Multi—Family
ResidentialDistrict
850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.

P 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.

PD 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.

The floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the existing livingarea of the primary dwelling up to a maximum of 850 square feet, unless the accessory dwelling unit willinclude more than one (1) bedroom. However, where a restriction to fifty percent (50%) of existing living area would result in a maximum size of less than eight hundred (800) square feet, an attached accessory dwelling unit of no more than eight hundred (800) square feet shall be permitted, subject to the zoning regulations and development standards in this Section.

Docuslgn Envelope lD: E18187CF-9251—4A31-8113»EA3993CEBOBF Should a garage, carport or covered parking structure be demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off~street parking spaces shall not be required to be replaced. No parking shall be required for any accessory dwelling unit that meets any of the following criteria:

The accessory dwelling unit is located within one—halfmile of public transit; or b. The accessory dwelling unit is located within an architecturally and historically significant historic district; or
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; or
cl. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.

5. Access. An accessory dwelling unit which is attached to or within the primary residence on the lot shall not have any direct access to the primary residence but shall have a separate exterior entry which shall not be located on the same side of the primary residence as the principal exterior entry to the primary residence. The entry to any accessory dwelling unit shall be so configured and located that only one (1) main entrance to any property is visible from the adjacent street or road.

6. Locations Permitted. The accessory dwelling unit shall be allowed only on a lot or parcel which is connected to sanitary sewers and has adequate access to a street conforming to City of Monte Sereno street standards.

7. Coverage Limits and Exceptions. The accessory dwelling unit shall comply with the structural and impervious coverage limits of the applicable zoning district.

Notwithstanding any provision in this code, should the construction of an accessory dwelling unit cause the lot to exceed the allowed structural and impervious coverages permitted under the applicable zoning district, an eight hundred (800) square foot accessory dwelling unit shall be permitted.

8. Height limits. The height limit for a detached accessory dwelling unit shall be a maximum of sixteen (16) feet. No height restriction shall apply to an attached accessory dwelling unit, however, the primary structure shall comply with any height restrictions for the zoning district.

9. Setbacks.
a. An attached accessory dwelling unit shall comply with the front, side and rear yard setbacks required for a primary dwelling in the residential zoning district within

Docuslgn Envelope ID: E18187CF-925i—4A31-8113—EA3993CEBOBF

10. 11.

12. 13.
existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
d. Notwithstanding any other provision of the code, a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

Design. Accessory dwelling units shall comply with the following design standards:
a. The dwelling unit shall be constructed with the materials substantially identical in color, texture, and appearance to the primary dwelling, including but not limited to, roofing, siding, windows, and doors so as to blend with the existing architecture.
b. The dwelling unit shall, to the extent feasible, match the roof pitch and roof form of the primary dwelling so as to blend with the existing architecture. c. Accessory dwelling units shall also comply with any applicable objective design standards adopted in the City's design guidelines.

No certificate of occupancy for an accessory dwelling unit shall be issued before a certificate of occupancy has been issued for the primary dwelling.

Utility Connections. For an accessory dwelling unit constructed within the proposed space of a single—familydwelling or existing space of a single—familydwelling or accessory structure and that involves an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure, the accessory dwelling unit shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility unless the accessory dwelling unit shall be constructed concurrently with a new single—family dwelling.

Fire Sprinklers. Accessory dwelling units shall not be required to have fire sprinklers if they are not required for the primary residence. Fire sprinklers shall be considered "required for the primary dwelling unit" in any of the following circumstances:

When fire sprinklers are currently installed in the primary dwelling unit; b. When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit; or
c. When fire sprinklers will be installed in an existing primary dwelling unit as the result of an addition to the primary dwelling unit, including an addition for the purpose of establishing an accessory dwelling unit, which addition triggers any

Docusign Envelope ID:E18187CF—9251-4A31-8113-EA3993CEBOBF B. JuniorAccessory Dwelling Unit Standards. The following provisions shall apply to junior accessory dwelling units:

1. Ajunior accessory dwelling unit shall not be considered a separate or a new dwelling unit for purposes of applying building or fire codes. Installation of fire sprinklers in a junior accessory dwelling unit of any type shall be required only ifthey are required for the primary dwelling unit. Fire sprinklers shall be considered “required for the primary dwelling unit" under the circumstances as specified in Subsection A.13 of this Section.

2. Floor Area. The minimum floor area for a junior accessory dwelling unit shall be one hundred fifty (150) square feet. The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet. Ifthe sanitation facility (i.e., bathroom) is shared with the remainder of the single—familydwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.

3. Setbacks. Setbacks for a junior accessory dwelling unit constructed with a new singlefamily dwelling shall be that of the underlying zoning district. No setback shall be required for a junior accessory dwelling unit contained within the existing space of a sing|e~family dwelling or accessory structure. However, as permitted in this Section, an expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress may be constructed only if the following setbacks are maintained:
a. A front setback accordance with the applicable zoning district. b. A minimum side yard setback of four feet.
c. A minimum rear yard setback of four feet.

4. No parking shall be required for a junior accessory dwelling unit.

5. Coverage Limits. No structural or impervious coverage requirement shall apply to a junior accessory dwelling unit.

6. Height. No height restriction shall apply to a junior accessory dwelling unit; however, the primary structure shall comply with any height restrictions for the zoning district.

7. Utilities. Ajunior accessory dwelling unit shall not be required to install a new or separate utility connection directly between the junior accessory dwelling unit and the utility.

8. Ajunior accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the

DocuSign Envelope lD: E18187CF-9251-4A31-8113—EA3993CEBOBF

9. An expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress for a proposed junior accessory dwelling unit must meet applicable design criteria in Subsection A.1Oof this Section.

C. Owner occupancy and use restrictions.

1. For any accessory dwelling unit built between January 1, 2020 and January 1, 2025 there is no requirement for owner occupancy. For accessory dwelling units permitted before January 1, 2020 or after January 1, 2025, either the accessory dwelling unit or the primary dwelling on the same lot must be the bona fide principal residence of at least one (1) legal owner of the lot or parcel containing said dwelling, as evidenced at the time of building permit approval by appropriate documents of title and residency. Prior to issuance of a certificate of occupancy, each applicant shall submit a declaration, under penalty of perjury, stating that the property shall remain owner~occupiecl as defined herein, for so long as the accessory dwelling unit shall exist, or until this provision is repealed, whichever occurs first.

2. Forjunior accessory dwelling units, owner—occupancy is required unless the owner is a governmental agency, land trust, or housing organization. The owner may reside in either the remaining portion of the primary structure or the newly created junior accessory dwelling unit.

3. The following restrictions shall apply to junior accessory dwelling units unless the owner is a government agency, land trust, or housing organization:
a. The property owner shall record a deed restriction with the County Recorder Office and file a copy of the recorded deed restriction with the City. The deed restriction shall prohibit the sale or other conveyance of the junior accessory dwelling unit separate from the single~family dwelling; specify that the deed restriction runs with the land and istherefore enforceable against future property owners; and restrict the size and features of the junior accessory dwelling unit in accordance with this Section.
b. The site's owner may at any time offer for rent either the single—fami|ydwelling unit or the junior accessory dwelling unit. The site‘s owner shall be required to reside in the sing|e—familydwelling unit as its primary residence at any time while the junior accessory dwelling unit is occupied by a tenant. c. A site‘s owner shall not allowoccupancy of a junior accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as its primary residence.

D. $hort—term Rentals Prohibited. No accessory dwelling unit orjunior accessory dwelling unit

Docusign Envelope ID: E18187CF~9251—4A31—B113—EA3993CEBOBF certificate of occupancy for the accessory dwelling unit. "Low~income household" means a household with an adjusted income which is not less than fifty (50%) nor more than eighty percent (80%) of median income. “Very—low~inc0mehousehold" means a household with less than fifty (50%) of median income.

F. ApplicableAnimal Regulations. The number of animals which may be kept on each lot as specified in the zoning regulations for the residential zoning district within which the lot is situated, shall remain unchanged after construction of an accessory dwelling unit or junior accessory dwelling unit.

G. Enforcement.Enforcement of notices to correct a violation of any provision of any building standard for any accessory dwelling unit shall comply with Section 17980.12 of the Health and Safety Code.

H. State Law MandatedApprova/. Notwithstanding anything in this code to the contrary, the Building Officialshall ministerially approve permits required to create any of the following within a residential or mixed~use zone:

1. One (1) accessory dwelling unit and one (1)junior accessory dwelling unit per lot with a proposed or existing single—familydwelling if all of the following apply:
a. The accessory dwelling unit orjunior accessory dwelling unit is within the proposed space of a single—familydwelling or existing space of a single—family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The accessory dwelling unit has exterior access that is separate from the exterior entrance for the proposed or existing single—familydwelling.

The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the standards for a junior accessory dwelling unit set forth above.

2. One detached, new construction, accessory dwelling unit per lot, that does not exceed four—footside and rear yard setbacks for a lot with a proposed or existing single—family dwelling, is subject to the following requirements:
a. A total floor area limitation of not more than eight hundred (800) square feet. b. A height limitation of sixteen (16) feet.

The new construction detached accessory dwelling unit in this Subsection may include a junior accessory dwelling unit described in Subsection H.1 above.

Docusign Envelope ID: El8187CF—9251»4A31-8113-EA3993CEBOBF shall comply with state building standards for dwellings. The number of new accessory dwelling units authorized for conversion under this Subsection shall not exceed twentyfive percent (25%) of the existing dwelling units in the multifamily dwelling structure or one (1) new accessory dwelling unit, whichever is greater.

I. Numerical limitations. The total number of accessory dwelling units and junior accessory dwelling units per lot or parcel shall not exceed the total number of such units that that may be permitted under Subsection H.

1. Pursuant to Government Code Section 65852.21(f), no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot if (1) an urban lot split has been approved pursuant to chapter 13.06 on such lot; and (2) two residential units have been approved for construction on each lot of the urban lot split pursuant to section 10.05080.

SECTION4. Amendment of Chapter 10.08. Sections 1008.040 and 10.08050 of the Monte Sereno Municipal Code are amended to read in entirety as follows:
1008.040 Site development permit required.

The following proposed projects shall require a site development permit, which shall be issued prior to the issuance of a building permit or a demolition permit:

A. Any new building exceeding one hundred twenty (120) square feet, except any accessory dwelling unit permitted in accordance with Section 10.06.140.

B. Any addition that adds five hundred (500) square feet or more to an existing building or structure in the R—1—8zoning district or seven hundred fifty (750) square feet or more to an existing building or structure in the R~1~20 or R~1—44zoning district.

C. Any modification to the roof that results in a new or modified roof design or that increases the roof height of an existing structure by more than twenty~four (24) inches.

D. Any additions that add two hundred fifty (250) square feet or more to the second story of an existing two—story building in the R—1—8zoning district or five hundred (500) square feet or more in the R—1—20and R—1—44zoning district.

E. Any additions of a second story to an existing single—storybuilding.

F. The addition of an architectural element to a legally existing light post or entry column ifsuch addition would cause the total height of the light post or entry column to exceed the height

Docusign Envelope lD: E18187CF~9251—4A31—8113-EA3993CEBOBF The construction of a light post or entry column which includes an architectural element ifthe total height of the light posts or entry column with the architectural element exceeds the height limits outlined in Section 10.17.040. in no event shall the total height of the light post or entry column with the architectural element exceed eight (8) feet. in no event shall the architectural element be taller than one—halfof the light post or entry column.

The addition of a pedestrian arbor that exceeds seven (7) feet in height to any fence, or a fence greater in height than three (3) feet in any part of any front yard, within ten (10) feet of any side corner property line of a lot in the R—1—8zoning district, or within fifteen (15) feet of any side corner property line of a lot in the R—1—20and R-1 44 zoning district.

Residential development projects pursuant to section 1005.080. issuance of a site development permit shall be reviewed and acted upon by the Commission at a regular or special meeting, except that a residential development project meeting the requirements of Section 10.05.080 shall be reviewed ministerially and without public hearing by the city planner.

10.08.050 Permit process.

For any project for which a site development permit is required, the following process shall be followed:

A. Application. Application for site development permits shall be in writing in such form as may be prescribed by the City. An application fee to be established by the City from time to time shall be collected at the time of submittal of the application. in addition to any application and application fee, the following information shall be provided with the number of copies required by the City:

1. A full set of plans (no larger than twenty—four (24) inches by thirty»six (36) inches) in a form acceptable to the City, containing (as applicable):
a. Site plan, including allowable and proposed setbacks and indicating all structures proposed and existing. The site plan must be completed by a licensed land surveyor or licensed civil engineer;
b. Floor plan;
Elevations,including allowable and proposed height. Height shall be indicated as an elevation based off a boundary survey utilizing the City's benchmarks; Cross~sections;
Landscape plan;
Roof plan;
Scale and dimensions on each page;

Docuslgn Envelope ID: E18187CF-9251-4A31»8113~EA3993CEEOBF l<. Streetscape/neighborhood context for new homes and second story additions within the R-1-8 zoning district please provide elevations illustrating building height and mass (including major architectural features) in relationship to:
(i) Structures on either side of the property; identify property addresses.

2. Calculations for the following:

Lot area;
Allowable maximum square footage of main dwelling;
Proposed square footage of main dwelling;
Allowable and proposed structural coverage figure;
Allowable and proposed impervious coverage figure;
f. Proposed grading quantity (cut and fill); and

3. For applications requesting a site development permit for: (1) a new sing|e~family dwelling, duplex or triplex (main house); or (2) a new accessory structure exceeding five hundred (500) square feet; or (3) any second story addition; or (4) any addition of more than five hundred (500) square feet to an existing dwelling unit (main house), erection of story poles depicting the proposed building elevations and maximum ridge height.

The height and the location of the story poles shall be certified in writing by a licensed land surveyor or engineer to the satisfaction of the City Planning Director.

4. Any other information which the Commission may determine to be necessary to consider the project.

B. Hearings beforethe Commission. For projects subject to approval by the Commission, upon receipt of a complete application, the City shall cause notice of the time and place at which all interested persons may appear before the Commission to be sent to the applicant and his/her agents and all property owners within three hundred (300) feet of the proposed project and shall thereafter hold a hearing at the time and place specified.

Prior to the hearing, the City Manager or his/herdesignee shall prepare a staff report summarizing the project and recommending action to the Commission. At the hearing, the Commission shall consider the City Manager's or his/herdesignee's staff report, any development guidelines applicable to the project, and hear and consider any evidence, oral or written, which has been presented at or prior to the hearing. At the conclusion of the hearing, the Commission may approve, conditionally approve or deny the application for a site development permit. Any approval, conditional approval or denial by the Commission shall become final unless the matter is appealed to the City Council as provided in Section 10.08060.

No site development permit shall be issued unless the Commission makes the following findings:

1. Whether the proposed improvement and/oruse is compatible with the character of the neighborhood which it would be located.

DocuSign Envelope lD: El8187CF—9251»4A31-B113-EASSQSCEBOBF

4. if applicable, whether the proposed improvement and/oruse will provide for minimum grading and retention of the natural contours of the land then existing in order to protect the natural slope of the lot.

5. If applicable, whether the proposed improvement and/oruse provides for:
a. Retention of significant trees as defined elsewhere in the Code, unless the findings required by Section 10.15.070 of the Code can be made;
b. Preservation of solar access.

6. if applicable, whether the landscaping for the proposed improvement and/oruse emphasizes the use of native materials in the area.
in connection with its review of each of the foregoing matters, the Commission may include in any site development permit such conditions as it may determine to be necessary in order to ameliorate or mitigate identified impacts of the project. Such conditions, without limiting the discretion of the Commission, may include a time limitation, site planning limitations, architectural conditions, setback restrictions, occupancy regulations, landscape regulations or drainage and sewage regulation.

C. Findings. The Commission shall have written findings and conclusions regarding the application prepared and placed in the mail to the applicant within fifteen (15) days of its final decision.

No decision. In the event the Commission is unable to reach a decision on an application, the application willbe reviewed by the City Council in the manner prescribed in Section 10.08.060 of this Chapter.

Review by City Planner forResidentialDevelopment Projects Under Section 10.05.080. A residential development project meeting the requirements of section 10.05.080 shall be reviewed ministerially and without public hearing by the city planner. in considering such application, the city planner shall approve the project unless (1) the proposed project does not meet the requirements of section 10.05.080, or (2) if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed 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 or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Any approval, conditional approval or denial by the city planner of a site development permit under this subsection shall be final with no further appeal. Allpermits granted under this subsection shall be conditioned on (1) compliance with the objective zoning standards that are applicable to the parcel based on the applicable zoning district as set forth in Chapter

Doousign Envelope iD: E18187CF-9251-4/X31-8113~EA3993CEBOBF SECTION5. Amendment of Chapter 10.15. Sections 10.15.040, 10.15070, 10.15.080, and 1015.090 of the Monte Sereno Municipal Code are amended to read in entirety as follows:

10.15.040 Significant tree; removal; permit required.

Except as provided in Section 10.15.020, it shall be unlawful for any person to remove, or cause to be removed, any significant tree, dead tree or unsuitable tree from any parcel of property in the City without first applying for and obtaining a permit for the removal from the City Manager or City Planner for (1) dead or unsuitable trees on any parcel, or (Z)for any tree removal performed in conjunction with a project first permitted under section 1005.080, section 10.06140, or chapter 13.06. in all other instances, it shall be unlawful for any person to remove, or cause to be removed, any significant tree without first applying for and obtaining a permit for the removal from the Site and Architecture Commission or City Council.

10.15.070 Permit; application; review.

Each application shall be reviewed to determine the condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services. With respect to dead trees or unsuitable trees, each application shall be reviewed to validate the health of the tree and/orspecies. in addition, in the case of a significant tree the following shall be determined:

A. The significant tree or trees need to be removed to allow reasonable economic enjoyment of the property or the significant tree or trees need to be removed due to disease, danger of falling or threat to owner or surrounding residents;

8. if the topography of the land and the effect of the removal of the significant tree will have a significant effect on erosion, soil retention and diversion or increased flow of surface waters; C. The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and the property values; and D. The number of trees the particular parcel can adequately support according to good forestry practices.

In reviewing applications, the Site and Architectural Commission shall give priority to those based on hazard or danger of disease and may refer any application to the City Engineer or other officer of the City for a report and recommendation. In approving a tree removal permit, the Site and Architectural

Docusign Envelope ID: E1B187CF-9251-4A3‘l-B113-EASQQSCEBOBF tolerant species, with a minimum circumference of ten inches measured at a height of 48 inches above the grade as planted. The City Manager or City Planner shall not approve a permit for removal of a significant tree that is an oak species measuring at least 115 inches in circumference at 48 inches above grade, unless the applicant demonstrates one of the following: (1) the project subject to mandatory approval pursuant to Government Code section 65852.2(e) and Monte Sereno Municipal Code section

10.06.140.H, (2) for projects subject to Monte Sereno Municipal Code section 10.05.0230, the denial would have the effect of physicallyprecluding the construction of up to two units on the lot or would physically preclude either of the two units from being at least 800 square feet in floor area, or (3) for projects subject to chapter 13.06, the denial would have the effect of physicallyprecluding the construction of up to two units per created parcel or would physically preclude such units from being at least 800 square feet in floor area.

10.15.080 Penalties.

Any person who unlawfully removes a significant tree without having first obtained a permit for its removal may be subject to a citation in the amount of One Thousand Dollars ($1,000.00). Any person who unlawfully removes a significant tree, dead tree or unsuitable shall be required to apply for and obtain a tree removal permit at double the application fee.

Additionally, and in addition to any other penalty provided by this Code, any person who unlawfully removes a significant tree without having first obtained a permit for its removal issued by the City shall be subject to the following requirements which shall be imposed on the permit:

A. Replacement of the tree unlawfully removed with one or more new trees which will provide equivalent aesthetic quality in terms of size, height, location, appearance, and other characteristics of the unlawfully removed tree; or
B. if replacement trees will not provide equivalent aesthetic quality because of the size, age, or other characteristic of the removed tree or cannot be planted on the subject parcel, the City Manager shall calculate the value of the removed tree in accordance with the latest edition of the Guide Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers. The authority approving the permit may require either a cash payment to the City of such value, together with estimated costs of planting as determined by the City Manager, to be used for replacement planting elsewhere or the actual planting of replacement trees in a manner designated by the City, or any combination thereof.

The amount of any cash payments imposed pursuant to this Chapter shall constitute a debt to the City and any person required to make such a payment shall be subject to an action in the name of the City in any court of competent jurisdiction for the collection of the amount of the cash payment.

Docusign Envelope lD: E18187CF~9251»4A31—8113-EA3993CEBOBF may file such a notice of appeal. When such notice has been accepted by the City Clerk for filing the following shall occur:

A. Notice and time ofthe hearing. The City Clerk shall, subject to the rules of the City Council, set a date for the public hearing which shall be held by the City Council. The date of hearing shall be not less than ten (10), nor more than sixty (60) calendar days after the notice of appeal was received by the City Clerk.

Informationprovided to City Council. The City Manager or his/herdesignee shall provide a report to the City Council summarizing the project and outlining the decision and findings of the Commission. In addition thereto, the City Manager or his/herdesignee shall file with the City Council at its hearing all relevant papers, documents and exhibits which are part of the file.

Hearing. The City Council shall hold a public hearing to consider the appeal at the time and place set by the City Clerk. The City Councilshall hear the matter de novo. The City Council shall hear and consider only those issues which were presented to the Commission, except for any new issues which could not have been known at the time of the Commission hearing.

After hearing and considering all the evidence, the City Councilshall uphold the decision of the Commission, reverse the decision of the Commission or modify the decision of the Commission. Nothing in this Chapter shall preclude the City Council from modifying, adding or deleting any condition of the tree removal permit in order to protect the public peace, health, safety and welfare.

Findings and decision. Within a reasonable time after the City Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The decision of the City Councilshall be final. The decision of the City Councilshall be mailed to the applicant and his/heragent, at the addresses shown on the application and the appellant, at the address shown on the notice of appeal.

Any action taken by the City Manager or the City Planner related to a permit is final and not subject to appeal, with the exception that the applicant may submit an application to be heard before the Site and Architecture Commission should they disagree with the decision of the City Manager or the City Planner with respect to their original application for removal of an unsuitable or dead tree.

SECTlON 6. Enactment of Chapter 13.06. Chapter 13.06 of the Monte Sereno Municipal Code is enacted to read in entirety as follows:

MONTE SERENO MUNICIPAL CODE 13.06

DocuSlgn Envelope ID:E18187CF—9251-4A31~8113~EA3993CEBOBF 1106.010 Purpose and intent
it is the purpose of this chapter to provide procedures necessary for the implementation of Section 66411.7 of the Government Code pertaining to urban lot splits. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Section 66411.7 of the Government Code, the provisions of this title 13 shall apply to this chapter.

13.06.020 — Requirements
A parcel map shall be required for all urban lot splits pursuant to section 66411.7 of the Government Code. An application for a parcel map urban lot split shall be approved ministerially by the City Engineer where the applicant has submitted an application in a form prescribed by the City, paid the application fee, which may be established by resolution of the City Council, and demonstrates that the application meets all the following requirements:

A. The proposed urban lot split will create no more than two new parcels, and each of the newly created parcels meets the following requirements:

1. Has at least 1,200 square feet in size,

2. Has at least 40 percent of the lot area of the original parcel,

3. Has access to or adjoins the public right—of—way,sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code section 503 and Title 14, California Code Regulations section 1273.00 et seq., when applicable to the parcel, and

4. New parcel lines that abut a street shall maintain right angles to streets or radial to the centerline of curved streets, or be parallel to existing parcel lines.

B. The parcel to be subdivided is located within a single—familyresidential zone.

C. The parcel satisfies the requirements specified in subparagraphs (B)to (K),inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

D. The proposed urban lot split would not require demolition or alteration of any of the

Docusign Envelope ID:E18‘l87CF-9251—4A31-8113-EA3993CEBOBF

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3. 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 Division7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

4. Housing that has been occupied by a tenant in the last three years based on the date of the application for an urban lot split.

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 landmark or city heritage resource.

F. The parcel has not been established through prior exercise of an urban lot split provided for in Section 66411.7 of the Government Code and 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 chapter.

H. The proposed new parcels are intended for exclusively residential use.

I. The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all of the following to be true:

1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.

2. The owner of the parcel 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. Owner—occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.

3. The owner has not previously subdivided an adjacent parcel using an urban lot split.

DocuSign Envelope ID:E18‘l87CF-9251-4A31-8113~EA3993CEBOBF

1. The parcel is located within one—halfmile 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 210643 of the Public Resources Code.

2. There is a car share vehicle located within one block of the parcel.

K. 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, and in all other circumstances a setback of four feet from the side and rear lot lines shall be provided, unless the applicant can demonstrate that this would have the effect of the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet. Verification of size and location of the existing and proposed structure requires pre— and post~c0nstructi0n surveys by a California licensed land surveyor.

L. The parcel map satisfies the objective requirements of the Subdivision Map Act and this title regarding parcel maps, except as provided herein.

13.06.030 Filing, processing, and action
A. Parcel Maps shall be prepared, filed and recorded in accordance with the Map Act.

The City Engineer shall, from time to time, prepare and provide detaiied specifications to any subdivider setting forth the specific requirements necessary for preparing, filing and recording a parcel map.

B. The subdivider for an urban lot split shall not be required to dedicate right—of—way, construct off~site improvements, or correct non—conforming conditions except as necessary for a parcel to have access to the right—of—way.Any work in the right—of—wayshall be subject to the requirements of this code.

C. In addition to other information requirement by this title, an application for a parcel map for an urban lot split shall include the following:

1. Location of easements required for the provision of public services and facilities to each of the proposed parcels.

2. Location of any easements necessary for each parcel to have access to the

DocuSign Envelope lD: E1B187CF—9251—4A31-8113—EA3993CEBOBF

2. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision 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.

E. The City Engineer shall cause notice to be sent to property owners within 600 feet upon submission ofan application, and again upon completion of such application.

F. The City Engineer shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. The City Engineer shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right~of—way.The City Engineer shall not require the correction of nonconforming zoning conditions.

13.06.0110 Use and Development Requirements
A. it shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built on a parcel that is created by parcel map under this chapter for a term that isthirty days or less.

B. it shall be unlawful to use any parcel created by parcel map under this chapter for any use other than a residential use.

C. New dwelling units constructed on any parcel created following the approval of an urban lot split under this chapter shall be no more than 800 square feet per dwelling unit.

D. Development of new dwelling units on any lot created under this chapter shall be subject to the requirements of Section 10.05.080, subdivisions(E) and (F), and shall also comply with all applicable objective zoning requirements set forth in Chapter 10.05 applicable to the subject parcels and any objective requirements in the City's design guidelines. Notwithstanding section 10.05.020.C.11 and section 10.05.030.011, the maximum impervious coverage percentage applicable to each parcel created by an urban lot split under this chapter shall be percentage specified in the zoning district regulation applicable to the original parcel prior to the approval of the urban lot split as set forth in Chapter 10.05. The standards described in this paragraph shall apply to all urban lot splits except where such standard directly conflicts with a provision of this title, or whether the applicant demonstrates that

Docusign Envelope ID: E18187CF-9251»4A31-8113-EA3993CEBOBF SECTION7. Environmental Review.

The City Council finds and determines that enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"),pursuant to Government Code sections 658S2.21(i) and 66411.7(n), as this action is to adopt an ordinance to implement the requirements of sections 65852.21 and 66411.7 of the Government Code.

SECTION8. Effective Date.

This ordinance shall be in full force and effective 30 days after its adoption.

SECTION 9. Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competentjurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.

SECTION10. Certification.

The City Clerk shall cause this ordinance to be posted and/orpublished in the manner required by law.

This Ordinance was introduced at the meeting of the City Council on the 21“ day of December 2021, and was adopted at a regular meeting of the City Council on the 4"‘day ofjanuary 2022, by the following vote:

AYES: LAWLER,LEUTHOLD,TURNER,MEKECHUK,ELLAHIE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Dowsnmd by:
jau/«wt‘?ualul,
,,,,w5,g,,,d,,y: Jave .E ahie,"Mayor
Hulda mm-W Attest: wm Michelle Radcliffe, City Clerk
A gnrcgykengdgys: to form:

Attachment 2
SB-9 Urban Lot Split Brochure with
Current Requirements

CITY OF MONTE SERENO
18041 SARATOGA-LOS GATOS ROAD, MONTE SERENO, CA 95030
(408) 354-7635 • FAX (408) 395-7653 • WWW.CITYOFMONTESERENO.ORG P:\Front Counter\Urban Lot Split SB9 Information.docx Page 1 of 3 Revised 12/2021
URBAN LOTS SPLITS (SB-9)
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 66411.7
Senate Bill (SB) 9 was signed into law by Governor Newsom on September 16, 2021 and was effective on January 1, 2022. The most significant component of this bill is that it requires (1) ministerial approval of up to two housing units per lot (Residential Development) and (2) ministerial approval of a one-time, two-lot subdivision of any single-family zoned lot meeting specific requirements (Urban Lot Split). This handout summarizes the requirements for Urban Lots Splits based on the Monte Sereno Municipal Code section 13.06.

This brochure is intended to provide general information, contact the Planning Division or Engineering Division for any questions or additional information.

Eligible Parcels
To be eligible for an Urban Lot Split, the existing parcel shall meet all the following requirements:

1. The parcel to be subdivided is located within a single-family residential zoning district.

2. The parcel is not located within a historic district.

3. The parcel has not been established through prior Urban Lot Split.

4. 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 provisions.

5. The existing dwelling unit(s) has not been occupied by a tenant in the last three years.

Use and Development Requirements
Following is a summary of use and development standards specific to parcels created using an Urban Lots Splits:

1. New dwelling units constructed shall be no more than 800 square feet each.

2. A maximum of two dwellings are allowed on a lot, not Accessory Dwelling Unit or Junior Accessory Dwelling is allowed.

City Of Monte Sereno Urban Lot Split
P:\Front Counter\Urban Lot Split SB9 Information.docx Page 2 of 3 Revised 12/2021

3. New dwelling units shall comply with the requirements of the SB9 Residential Development standards. See handout titled Residential Developments (SB-9) for more information.

The maximum impervious coverage shall be that which was applicable to the original parcel prior to the approval of the Urban Lot Split as set forth in Chapter 10.05.

4. No rental of any unit(s) shall be allowed for less than 30 days.

Subdivision Requirements
Following is a summary of subdivision standards:

1. The Urban Lot Split will create no more than two new parcels and each of the newly created parcel shall meet the following requirements:
• Has at least 1,200 square feet in size,
• Has at least 40 percent of the lot area of the original parcel, • Has access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with any property access requirements of the Santa Clara County Fire Marshal. • New parcel lines that abut a street shall maintain right angles to streets, or radial to the centerline of curved streets, or be parallel to existing parcel lines. • A minimum of one off-street parking space shall be provided on each parcel. • No setback shall be required for an existing structure. New structures shall have a minimum four-foot setback from the side and rear property lines.

3. The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all the following to be true:
• The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years.
• The owner of the parcel intends to occupy one of the housing units as their principal residence for a minimum of three years.
• The owner has not previously subdivided an adjacent parcel using an Urban Lot Split nor has acted in concert with any person that has.

Filing, Processing, and Action
Following is a summary of application processing and review requirements:

1. Parcel Maps shall be prepared, filed, and recorded in accordance with the Map Act. Applications shall include a current title report.

City Of Monte Sereno Urban Lot Split
P:\Front Counter\Urban Lot Split SB9 Information.docx Page 3 of 3 Revised 12/2021

2. Right-of-way dedication, construction of off-site improvements, or correct non-conforming conditions are not required unless necessary for a parcel to have access to the right-of-way.

3. The City Engineer shall deny the tentative map if any of the following is found:
• The map fails to meet or perform one of more objective requirements imposed by the Subdivision Map Act or by this title. Any such requirement or condition shall be specified. • The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision 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.

5. The City Engineer shall send notices to property owners within 600 feet of a proposed Urban Lot Split upon submission of an application, and again upon completion of such application.

Attachment 3
SB-9 Residential Development with
Current Requirements

CITY OF MONTE SERENO
18041 SARATOGA-LOS GATOS ROAD, MONTE SERENO, CA 95030
(408) 354-7635 • FAX (408) 395-7653 • WWW.CITYOFMONTESERENO.ORG P:\Front Counter\Residential Development SB9 Information.docx Page 1 of 3 Revised 12/2021
RESIDENTIAL DEVELOPMENTS (SB-9)
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65852.21
Senate Bill (SB) 9 was signed into law by Governor Newsom on September 16, 2021 and was effective on January 1, 2022. The most significant component of this bill is that it requires (1) ministerial approval of up to two housing units per lot (Residential Development) and (2) ministerial approval of a one-time, two-lot subdivision of any single-family zoned lot meeting specific requirements (Urban Lot Split). This handout summarizes the requirements for Residential Developments based on the Monte Sereno Municipal Code section 10.05.080.

This handout is intended to provide general information, contact the Planning Division for any questions or additional information.

Requirements
A Residential Development is a development that proposes no more than two new dwelling units in total on a parcel as follows:
• If a parcel includes an existing single-family dwelling, one additional unit may be developed pursuant to this section.
• If a parcel does not include an existing single-family dwelling, or if an existing single-family dwelling is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section.

Such an application, meeting all requirements of Monte Sereno Municipal Code section 10.05.080 shall be reviewed city staff without discretionary review or a public hearing.

Eligible Parcels
To be eligible for a Residential Development, the existing parcel shall meet all the following requirements:

1. The parcel is located within a single-family residential zoning district.

2. The parcel is not located within a historic district.

3. The existing dwelling unit(s) has not been occupied by a tenant in the last three years.

City Of Monte Sereno Residential Developments (SB-9)
P:\Front Counter\Residential Development SB9 Information.docx Page 2 of 3 Revised 12/2021
Use and Development Requirements
Residential Developments shall conform to all objective property development regulations of the applicable zoning district including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, and any objective requirements in the City’s design guidelines. However, following are modifications to these standards that specifically apply to Residential Developments:

Objective Design Standards. Residential developments shall comply with the City’s Objective Design Standards.

Setbacks. A setback of at least four feet is required from the rear and side property lines. Front yard setbacks are required based on the zoning district standards as shown below:

Zoning District Front Yard Setback
R-1-8 25 Feet - First Floor
30 Feet - Second Floor
R-1-20 30 Feet - First Floor
40 Feet - Second Floor
R-1-44 30 Feet – First Floor
45 Feet – Second Floor
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.

Building Height. Any portion of a new dwelling unit located in the side or rear setbacks of the zoning district as shown below, shall be no more than 16 feet in height:

Zoning District Side Yard Rear Yard
R-1-8 6 Feet 30 Feet
R-1-20 15 Feet 30 Feet
R-1-44 20 Feet 30 Feet
Building Size. Each new dwelling unit constructed shall be a maximum of 800 square feet.

Exterior Access. All dwelling units created shall have independent exterior access. Interior access between attached dwelling units shall be prohibited.

Separation Between Buildings. Each dwelling unit shall be separated by a distance of at least ten feet from any other structure on the parcel. However, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow a separate conveyance.

City Of Monte Sereno Residential Developments (SB-9)
P:\Front Counter\Residential Development SB9 Information.docx Page 3 of 3 Revised 12/2021
Parking. A minimum of one off-street parking space shall be provided for each dwelling unit unless the parcel is within ½ mile of public transit or within one block of a car share vehicle.

Decks, Balconies, and Covered Areas. Second story exterior decks and balconies, and rooftop decks, are prohibited.

Additionally, exterior covered space that is attached to the dwelling unit (including but not limited to covered porches and patios) shall not exceed a total of 150 square feet, with at least one third of such square footage at the front of the dwelling unit.

Exterior Materials. When construction of a new dwelling unit is proposed on a parcel with an existing dwelling unit, the new dwelling unit shall utilize the same exterior materials and colors as the existing dwelling unit. Where two new units are proposed to be constructed on a parcel, each unit shall utilize the same exterior materials and colors as the other unit.

Electric Vehicle Chargers. Each new dwelling unit shall provide pre-wiring for one electrical vehicle charger as required by the California Green Building Standards Code section 4.106.4.1.

No Short-Term Rental. Dwelling units shall not be rented for a period of less than thirty days.

Utility Connections. Each dwelling unit shall have separate utility connection directly between each dwelling unit and the utility for water, sewer, and electrical services. Gas utility connections shall be prohibited for such dwelling units.

Onsite Wastewater Treatment. If a proposed dwelling unit will be connected to an onsite wastewater treatment system, the applicant shall provide a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

Filing, Processing, and Action
A Site Development Permit application shall be filed for all Residential Development projects. Such applications will be reviewed ministerially and without a public hearing by the City Planner.

The City Planner shall deny a Site Development Permit application if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed 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 or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

The City Planner shall send notices to property owners within 600 feet of a proposed Residential Development upon the submission of an application, and again upon completion of such application.

Attachment 4
Letter Received from Berliner Cohen
LLP dated March 22, 2022

____________ ____________

FOUNDERS
SANFORD A. BERLINER (d. 2020)
SAMUEL J. COHEN

OF COUNSEL
STEVEN L. HALLGRIMSON
FRANK R. UBHAUS
RALPH J. SWANSON
NANCY L. BRANDT
LESLIE KALIM McHUGH

BRADLEY HEBERT
ERIC D. CAPRON
BRUCE J. HENDRICKS
STUART B. SPENCER

TEN ALMADEN BOULEVARD

ELEVENTH FLOOR
SAN JOSE, CALIFORNIA 95113-2233
TELEPHONE: (408) 286-5800
FACSIMILE: (408) 998-5388
www.berliner.com
Branch Offices
Merced, CA • Modesto, CA
March 22, 2022
VIA U.S. AND ELECTRONIC MAIL
Mayor Ellahie & Members of the City Council
City of Monte Sereno
18041 Saratoga - Los Gatos Road
Monte Sereno, CA 95030
Re: Ordinance No. NS-229, Implementing SB 9
Dear Mayor Ellahie & Members of the City Council:

The purpose of this letter is to advise the City of inconsistencies between Ordinance NS229 (the “Ordinance”) and state and federal law. This firm represents several Monte Sereno homeowners who would like to subdivide their property under SB 9, but who are being prevented from doing so by the Ordinance. These homeowners include Joy and Trevor Schwartz, Anne and Kevin Hayes, and Janet and Barry Chaffin. Each couple owns a parcel of property approximately one acre in size or more that is ideally suited for treatment under SB 9. In each case, SB 9 would facilitate the clients’ ability to foster their own personal and family aspirations without leaving the community, while also contributing to the City’s housing production goals.

Those objectives cannot be achieved, however, because of the Ordinance’s restrictions on the use of SB 9. SB 9 prohibits local agencies from applying objective design and subdivision standards that preclude the construction of two dwelling units at least 800 square feet in size. The Ordinance treats this minimum unit size as a maximum. It also limits exterior covered space ANDREW L. FABER
PEGGY L. SPRINGGAY
SAMUEL L. FARB
JAMES P. CASHMAN
STEVEN J. CASAD
NANCY J. JOHNSON
JEROLD A. REITON
JONATHAN D. WOLF
KATHLEEN K. SIPLE
KEVIN F. KELLEY

MARK MAKIEWICZ

JOLIE HOUSTON
BRIAN L. SHETLER
HARRY A. LOPEZ
CHARLES W. VOLPE
CHRISTINE H. LONG
AARON M. VALENTI
CHRISTIAN E. PICONE
SUSAN E. BISHOP
SANDRA G. SEPÚLVEDA
MICHAEL B. IJAMS
KIMBERLY G. FLORES
DAWN C. SWEATT
TYLER A. SHEWEY
JAMES F. LANDRUM, JR.

MICHAEL J. CHENG
EILEEN P. KENNEDY

JOSHUA BORGER
BENJAMIN M. JOHNSON
STEPHEN C. SCORDELIS
C. DAVID SPENCE
THOMAS P. MURPHY
ALESHIA M. WHITE

DENNIS CHIN
EDWARD C. HSU
ALEXANDRIA N. NGUYEN
ANDREW J. DIGNAN

ERIK RAMAKRISHNAN
LEILA N. SOCKOLOV
TIMOTHY K. BOONE

ANGELA SHAW
DAVID A. BELLUMORI
MARY T. NGUYEN
ELLEN M. TAYLOR
NATHAN C. BRADY
BRANDON L. REBBOAH
LINDSAY I. WALCZAK
LEA M. NEMETH
IRIS C. CHIU
MAKAYLA A. WHITNEY
MARISA J. MARTINSON
MARIA I. PALOMARES
BENJAMIN H. WOHLFORD
KEVIN S. LANDIS
CHRISTIAN D. WICK
JENNIFER N. WISE

SAM ATABAY BIDGOLI

Mayor & Council
March 22, 2022
-2-
attached to dwelling units, including porches and patios, to 150 square feet, with at least one-third of this area attached to the front of the dwelling.1
These restrictions are unreasonable, and the only conceivable purpose for them is effectively to prohibit SB 9 projects by rendering them infeasible. Under existing zoning rules, on a lot that is at least one acre in the R-1-44 zoning district, each of our clients could construct up to 8,300 square feet of living accommodation, including a residence, accessory dwelling unit, and junior accessory dwelling unit. But as soon as any property owner seeks to take advantage of SB 9, the Ordinance restricts the maximum unit size to 800 square feet, regardless of the size of the lot.2
For reasons explained below, attempting to thwart SB 9 in this way violates both SB 9 and the Housing Crisis Act of 2019 (SB 330) and is unconstitutional.

Despite these concerns, if our clients could subdivide their lots using SB 9’s procedures for ministerial Urban Lot Splits, to achieve standard sized units they would be willing to undergo the City’s discretionary process for site development approval. However, the Ordinance does not allow this,3 which, as explained below, is contrary to the plain text of SB 9.

1. The Ordinance Violates SB 9 and SB 330
A local ordinance violates SB 9 if it is intended to thwart SB 9. Such an ordinance also violates SB 330. This was made clear in a March 15, 2022 letter from the Attorney General to the City of Pasadena.4
In the letter, the Attorney General advised Pasadena that its attempt to thwart SB 9 by declaring large parts of the City “landmark districts” violates state law. At pages 4 and 5 of the letter, the Attorney General explained that by seeking to thwart the law, Pasadena had abused its discretion under SB 9. At page 4, the Attorney General also stated that Pasadena’s actions violated Government Code Section 66300(b)(1)(B)(i) (enacted as part of SB 330), which prohibits any local zoning regulation that has the effect of restricting or limiting housing development.

The Ordinance was intended primarily to discourage the use of SB 9 within the City. This was made clear when the City Council discussed the Ordinance at its January 4, 2022 meeting, at which time the following comments were made by councilmembers:
• Around 32 minutes into the meeting, one councilmember indicated that the City had proposed a “strict” ordinance “so there is not a lot of change immediately” and to “try to maintain the status quo.”
• At around 36 minutes, a councilmember indicated that the goal of the Ordinance was “not to create a financial incentive for people to go and split their lots.” • At around 38 minutes, one councilmember described the Ordinance as a “preventative measure.”
1 Muni. Code, § 10.05.080.F.8, 12. 2 Note that the smallest size lot any of our clients can create under SB 9 is approximately 16,500 square feet.

Applying the R-1-20 regulations, a house size of 4,500 square feet would apply to each of the resulting parcels. 3 Muni. Code, § 13.06.040.C, D. 4 https://oag.ca.gov/system/files/attachments/pressdocs/AG%20Letter%20to%20Pasadena%20re%20SB%209%20Urgency%20Ordinance.pdf.

Mayor & Council
March 22, 2022
-3-
• Starting around 39 minutes into the meeting, two councilmembers justified the Ordinance as an effort to retain local control.

Like with Pasadena’s ordinance, by adopting the Ordinance to thwart SB 9, the City Council abused its discretion. Also, because the purpose and effect of the Ordinance is to restrict or limit housing development that state law expressly allows, the Ordinance violates SB 330.

2. The Ordinance Is Unconstitutional
A zoning regulation is unconstitutional if it is arbitrary and capricious.5 In other words, the regulation must have a legitimate purpose rooted in the health, safety, or welfare of the general public. Here, however, the Ordinance was intended to discourage the use of SB 9. Discouraging or preventing property owners from taking advantage of rights under state law is not a legitimate purpose rooted in the health, safety, and welfare of the general public. A homeowner in the City can construct a 3,300 square foot primary dwelling unit plus accessory and junior accessory dwelling units on some of the smallest lots in the City. Given that circumstance, there is no rational basis to limit unit sizes for projects processed under SB 9 to 800 square feet regardless of lot size.

The restriction is therefore arbitrary and capricious, which in turn renders it unconstitutional.

3. Property Owners Should Be Allowed to Seek Discretionary Approvals for New Units in Connection with SB 9 Urban Lot Splits
Even though the Ordinance’s restrictions on building size are unlawful, as set forth above, our clients would be willing to undergo the City’s discretionary procedures for building site approvals if they could process Urban Lot Splits under SB 9. However, the Ordinance prohibits this. This prohibition is contrary to the plain text of SB 9.

SB 9 has two main parts. First, it adds Government Code Section 65852.21 to the Planning and Zoning Law, which provides for ministerial building site approvals of up to two primary residences per residential lot. Second, it adds Government Code Section 66411.7 to the Subdivision Map Act, which establishes procedures for ministerial approval of an Urban Lot Split.

The separate purpose of these statutes coupled with their enactment in different divisions of the Government Code makes clear that each statute rests on its own bottom.

If there were any unclarity that each statute functions independently of the other, Government Code Section 65852.21(f) resolves the ambiguity, by stating that: “Notwithstanding Section 65852.2 or 65852.22, 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 66411.7.6 The fact that subdivision (f) describes
rules that will apply if a property owner uses the authority under both statutes shows that a property owner may choose to use only one of the statutes.
5 Hamer v. Ross (1963) 59 Cal.2d 776, 781 (determining that spot zoning was arbitrary and capricious under the circumstances, and therefore unconstitutional). 6 Emphasis added.

Mayor & Council
March 22, 2022
-4-
SB 9 is sufficiently comprehensive that it can be said to occupy the field of legislation relating to the subject matter covered by the law, except to the extent that it expressly preserves local authority. SB 9 itself does not require property owners to take advantage of both Government Code Section 65852.21 and 66411.7, and nothing in SB 9 allows a local agency to impose such a requirement. The City is therefore preempted from prohibiting property owners from using discretionary design review processes in connection with an Urban Lot Split.

I would appreciate the opportunity to discuss these concerns further with a representative of the City, and I urge you to revisit the Ordinance. Each of our clients desires to propose a welldesigned project that will enhance the character of the City. There is no basis in SB 9 to impose unreasonable impediments to achieving this goal.

Very Truly Yours,

BERLINER COHEN, LLP

ERIK RAMAKRISHNAN
[email protected]
Cc: Steve Leonardis ([email protected]); Sergio Rudin ([email protected])

Attachment 5
Comparison of Monte Sereno
Requirements with other Local
Jurisdictions

Comparison of Main SB-9 Regulations with Other Local Jurisdictions Item Town of Los Gatos City of Saratoga Town of Los Altos Hills City of Monte Sereno Building Size As allowed by the zoning
district; except that the
first unit shall have 1,200
square feet maximum
As allowed by the zoning
district for two units
combined
800 square feet
maximum, or 1,600 if
increased side/rear yard
setbacks are met
800 square feet maximum
Building Height 16 feet when located
within the side or rear
yard setback of zoning
district. Otherwise,
standard building height
allowed by zoning district.
16 feet when located
within the side or rear
yard setback of zoning
district. Otherwise,
standard building height
allowed by zoning district.
16 feet 16 feet when located
within the side or rear
yard setback of zoning
district. Otherwise,
standard building height
allowed by zoning district.

Impervious Coverage As allowed by the zoning
district
As allowed by the zoning
district
2,100 square feet in
addition to the buildings
Based on actual zoning
district, not effective
zoning district
Decks and Balconies Second story
decks/balconies and
rooftop deck are
prohibited.

Rooftop decks are
prohibited
Roof deck prohibited and
balconies shall meet
standard setbacks
Second story
decks/balconies and
rooftop deck are
prohibited.

Exterior Covered Areas If a front porch is
proposed, a minimum of 6
feet in depth and a
minimum width of 25% of
the building
As allowed by the zoning
district
As allowed by the zoning
district
Covered porches and
patios limited to 150
square feet with at least
1/3 in the front of the
building.

Distance Between
Buildings
5 feet As allowed by the zoning
district
As allowed by the zoning
district
10 feet
Lot Frontage 20 feet 50% of the original parcel 25 feet for flag lots as frontage or easement
access
No specified minimum,
but needs to comply with
access requirements of
the Santa Clara County
Fire Marshal

Attachment 6
California Department of Housing
and Community Development SB-9
Fact Sheet

California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022

California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.

Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.

Single-Family Residential Zones Only (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.

California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.

Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.

Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:

Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.

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. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or

California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the development of the project, with the following two exceptions:

Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).

Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), 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. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)

California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation easements. SB 9 incorporates by reference these environmental site constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.

Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.

California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lot split if the project would require demolition 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; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years.

California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenarios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.

Primary Unit. A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a residential unit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.

Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.

Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.

Lot Split. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.

No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.

See HCD’s ADU and JADU webpage for more information and resources.

Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.

Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees,

California Department of Housing and Community Development – SB 9 Fact Sheet 7 and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9. Learn more on HCD’s Housing Elements webpage.

Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend its general plan, specific plans, or zoning code in a way that would improperly reduce the intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies to residential uses in all zones, including single-family residential zones. “Reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).) A local agency should proceed with caution when adopting a local ordinance that would impose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an existing development standard applicable in the single-family residential zone must demonstrate that it would not result in a reduction in the intensity of the use. HCD recommends that local agencies rely on the existing objective development, subdivision, and design standards of its singlefamily residential zone(s) to the extent possible. Learn more about Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.

Housing Accountability Act. Protections contained in the Housing Accountability Act (HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of “housing development project” includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s Housing Accountability Act Technical Assistance Advisory.

Rental Inclusionary Housing. Government Code section 65850, subdivision (g), authorizes local agencies to adopt an inclusionary housing ordinance that includes residential rental units affordable to lower- and moderate-income households. In certain circumstances, HCD may request the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain housing production. For additional information, see HCD’s Rental Inclusionary Housing Memorandum.

OAK #4896-2106-1919 v1
Attachment 7
Potential Revisions to SB9
Regulations

OAK #4896-2106-1919 v1
POTENTIAL REVISIONS TO SB-9 REGULATIONS

10.05.080 Residential Developments Under Government Code Section 65852.21 A. The purpose of this section is to provide regulations for the establishment of residential developments pursuant to Government Code section 65852.21.

B. Incompatibility with the City’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this section.

C. Notwithstanding anything in this Title 10 to the contrary, a residential development containing no more than two residential units on one legal lot within any residential zone may be constructed following approval of a site development permit issued by the City Planner under section 10.08.050.E, without discretionary review or a public hearing, if the proposed housing meets all of the standards set forth below. A residential development may be permitted under this section if the development proposes no more than two new units in total on the parcel or if it proposes to add one new unit to a lot with one existing unit. If a parcel includes an existing single-family dwelling, one additional unit may be developed pursuant to this section. If a parcel does not include an existing single-family dwelling, or if an existing single-family dwelling is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section.

D. A residential development shall not be approved in each of the following circumstances:

1. The residential development would 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.

2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, 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.

OAK #4896-2106-1919 v1

4. The parcel does not satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

5. The development is not proposed in an R-1-8, R-1-20, or R-1-44 zoning district.

E. Residential developments under this section shall conform to all objective property development regulations of the zone and in which the property is located including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, and any objective requirements in the City’s design guidelines, unless the applicant demonstrates that such zoning or design standard 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, subject to the following modifications:

1. 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. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

2. A setback of at least four feet is required from the rear and side property lines. Front yard setbacks shall be as required for the zone in which the property is located.

F. Residential developments under this section shall be subject to the following additional standards and requirements:

1. Any new dwelling constructed under this section shall be limited to one-story and shall be subject to the single-story building height limits set forth in Chapter 10.05 for the applicable zoning district.

2. If a proposed dwelling unit will be connected to an onsite wastewater treatment system, the applicant shall provide a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.

3. All dwelling units created shall have independent exterior access. Interior access between attached dwelling units shall be prohibited.

4. Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this section shall only be used for rentals of terms of longer than thirty days. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this section for a term that is thirty days or less.

5. A minimum of one off-street parking space shall be provided for each dwelling unit except where the parcel meets one of the following instances:
a. The parcel is located within one-half mile walking distance of either a highquality 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.

OAK #4896-2106-1919 v1
b. There is a car share vehicle located within one block of the parcel.

6. When construction of a new dwelling unit is proposed on a parcel with an existing dwelling unit, any new dwelling unit shall utilize the same exterior materials and colors as the existing dwelling unit, subject to any restrictions on use of building materials in Title 9. Where two new units are proposed to be constructed on a parcel, each unit shall utilize the same exterior materials and colors as the other unit.

7. Each dwelling unit constructed under this section shall be on a separate utility connection directly between each dwelling unit and the utility for water, sewer, and electrical utilities. Gas utility connections shall be prohibited for such dwelling units.

8. The total square footage of all floor area of any dwelling units on a parcel shall not exceed the maximum building size allowed under Chapter 10.05 for a single-story building in the applicable zoning district. However, any second unit on a parcel shall not exceed:
a. 1,000 square feet in the R-1-8 and R-1-20 zoning districts, or 1,200 square feet in the R-1-44 zoning district, provided that the construction of the second unit will not cause an exceedance of the maximum impervious coverage and maximum structural coverage limits for the parcel as set forth in the applicable zoning district regulations in Chapter 10.05, or
b. 850 square feet, in the R-1-8, R-1-20, and R-1-44 zoning districts, if the construction of the cause an exceedance of the maximum impervious coverage and maximum structural coverage limits for the parcel as set forth in the applicable zoning district regulations in Chapter 10.05.

9. Each unit in a two-unit residential development shall be separated by a distance of at least ten feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow a separate conveyance.

10. Second story exterior decks and balconies, and rooftop decks, shall be prohibited on dwelling units constructed under this section.

11. Each new dwelling unit shall have installed a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the required off-street parking in order to accommodate installation of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

G. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state

OAK #4896-2106-1919 v1
law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.

MONTE SERENO MUNICIPAL CODE 13.06

URBAN LOT SPLITS

13.06.010 Purpose and Intent

13.06.020 Requirements

13.06.030 Filing, Processing, and Action

13.06.040 Use and Development Requirements

13.06.010 Purpose and Intent
It is the purpose of this chapter to provide procedures necessary for the implementation of Section 66411.7 of the Government Code pertaining to urban lot splits. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Section 66411.7 of the Government Code, the provisions of this title 13 shall apply to this chapter.

13.06.020 - Requirements
A parcel map shall be required for all urban lot splits pursuant to section 66411.7 of the Government Code. An application for a parcel map urban lot split shall be approved ministerially by the City Engineer where the applicant has submitted an application in a form prescribed by the City, paid the application fee, which may be established by resolution of the City Council, and demonstrates that the application meets all the following requirements:

A. The proposed urban lot split will create no more than two new parcels, and each of the newly created parcels meets the following requirements:

1. Has at least 1,200 square feet in size,

2. Has at least 40 percent of the lot area of the original parcel,

3. Has access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code section 503 and Title 14, California Code Regulations section 1273.00 et seq., when applicable to the parcel, and

4. New parcel lines that abut a street shall maintain right angles to streets or radial to the centerline of curved streets, or be parallel to existing parcel lines.

B. The parcel to be subdivided is located within a single-family residential zone.

C. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

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D. The proposed urban lot split would not require demolition 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.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. 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.

4. Housing that has been occupied by a tenant in the last three years based on the date of the application for an urban lot split.

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 landmark or city heritage resource.

F. The parcel has not been established through prior exercise of an urban lot split provided for in Section 66411.7 of the Government Code and 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 chapter.

H. The proposed new parcels are intended for exclusively residential use.

I. The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all of the following to be true:

1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.

2. The owner of the parcel 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. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.

3. The owner has not previously subdivided an adjacent parcel using an urban lot split.

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4. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

J. A minimum of one off-street parking space shall be provided on each parcel except where the parcel meets one of the following instances:

1. The parcel is located within one-half mile walking distance of either a highquality 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.

2. There is a car share vehicle located within one block of the parcel.

K. 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, and in all other circumstances a setback of four feet from the side and rear lot lines shall be provided, unless the applicant can demonstrate that this would have the effect of the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

L. The parcel map satisfies the objective requirements of the Subdivision Map Act and this title regarding parcel maps, except as provided herein.

13.06.030 Filing, processing, and action
A. Parcel Maps shall be prepared, filed and recorded in accordance with the Map Act. The City Engineer shall, from time to time, prepare and provide detailed specifications to any subdivider setting forth the specific requirements necessary for preparing, filing and recording a parcel map.

B. The subdivider for an urban lot split shall not be required to dedicate right-ofway, construct off-site improvements, or correct non-conforming conditions except as necessary for a parcel to have access to the right-of-way. Any work in the right-of-way shall be subject to the requirements of this code.

C. In addition to other information requirement by this title, an application for a parcel map for an urban lot split shall include the following:

1. Location of easements required for the provision of public services and facilities to each of the proposed parcels.

2. Location of any easements necessary for each parcel to have access to the public right-of-way.

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D. The City Engineer shall deny the tentative map if any of the following is found:

1. The map fails to meet or perform one of more objective requirements imposed by the Subdivision Map Act or by this title. Any such requirement or condition shall be specified.

2. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision 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.

E. The City Engineer shall cause notice to be sent to property owners within 600 feet upon submission of an application, and again upon completion of such application.

F. The City Engineer shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. The City Engineer shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way. The City Engineer shall not require the correction of nonconforming zoning conditions.

13.06.040 Use and Development Requirements
A. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built on a parcel that is created by parcel map under this chapter for a term that is thirty days or less.

B. It shall be unlawful to use any parcel created by parcel map under this chapter for any use other than a residential use.

D. Development of new dwelling units on any lot created under this chapter shall be subject to one of the following:
a. The requirements of Section 10.05.080, subdivisions (E) and (F), and shall also comply with all applicable objective zoning requirements set forth in Chapter 10.05 applicable to the subject parcels and any objective requirements in the City’s design guidelines. b. The issuance of a site development permit in accordance with Chapter 10.08 of this code.

The standards described in this paragraph shall apply to all urban lot splits except where such standard directly conflicts with a provision of this title, or whether the applicant demonstrates that such zoning district standard or design standard would have the effect of the effect of

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physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet.

E. Notwithstanding section 10.06.140 or any other provision of this code, no more than two dwelling units shall be permitted on any parcel created under the provisions of this chapter.

T.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031 Tel: 408.354.1863 Fax: 408.354.1823
Memo: SB-9 Recommendations
To: City Council & S&A Committee Members
From: Tony Jeans May 20th, 2022
The Staff Report, which I have just read (thanks, Diana), makes a set of Recommendations as to how the rule relating to SB-9 might best be changed to accommodate both the letter and spirit of the law. I think that is important to understand, because the rules as they exist now do not.

I am 95% behind them, and if you adopt them I will not be unhappy. I see the fundamental benefits as not creating a two-tier set of properties for Monte Sereno residents while allowing staff to review all applications from one set of rules. Those Monte Sereno residents who have discussed the law with me and would like to take advantage of some of its elements will be able to move on with their lives rather than fight for their rights, just like a few residents I have helped in Los Gatos and Saratoga.

So now I would like to discuss the 5% improvement that I think you could make to SB-9 rules:

Historically – if you look at the way square footage limits were originally placed on House Sizes in Monte Sereno you see an attempt to create Maximum Privacy by objective standards. The underlying limits were set at 3,000/4,500/6,000 sq ft on R1- 8/20/44 zones respectively. This was set for 2-story homes. Then a 10% bonus was granted for building a single-story home – thus upping the size limits to 3,300/4,950/6,600 because it was felt that single-story homes would typically allow more privacy. These sq ft limits include a garage too.

I think that this same carrot and stick approach can be used effectively with SB-9 – so the one change I would make to the SB-9 recommendations would be as follows: Set the underlying limits at 3,000/4,500/6,000 sq ft just as they are now. This would apply to all ministerial house approvals per the more relaxed objective standards allowed by SB-9 [setbacks, no garage, etc].

But then allow the [good behavior] 10% bonus if the zoning rules for the lot size were fully complied with. This would [at the discretion of staff/council/S&A] require conventional setbacks to be followed and a garage to be included in the design.

I like the way in which a subsequent “Second SB-9 unit”, if considered later would be more of an ADU in terms of size with the proposed recommendations. Can you get HDC to treat it as such for the Housing Element? I don’t know – but a great concept if it could be conceived as such legally.

I whole-heartedly support this revision to the City’s SB-9 rules and would encourage you to direct staff to bring this forward for your consideration and approval as soon as possible so that we can get out of this ‘no-mans-land’ quickly.

Can you conceive a way in which it can be expedited so as to contribute to the Housing Element goals and be a win-win-win for Homeowners/City/State? I hope so – but that will be up to you.

T.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031 Tel: 408.354.1833 Fax: 408.354.1823
MEMO: EXAMPLES OF SB-9 PROJECTS IN MONTE SERENO
DATE: APRIL 10TH, 2022
TO: CITY OF MONTE SERENO
FROM: TONY JEANS
I have been asked by the City Manager and the City Planner to provide Representational Schematics that show how a number of Monte Sereno Residents would like to utilize the ‘Urban Lot Split’ aspect of SB-9 based on communication and conversations they have had with the City. Some, but not all, of these are clients of mine who would like me to design homes for them.

In order to do this, I met with four of them to discuss their needs and thinking and then used a combination of Google Maps, Google Earth and Topographic maps to show what each project would entail, if it were to be allowed. They have reviewed what I have included and agree to its general accuracy and its use.

Some of these would-be applicants have growing families, others are nearing retirement and their children have left home. All have slightly different reasons in wishing to use SB-9 but none of them is a ‘developer’ and most of are long-term Monte Sereno residents. They plan to remain residents - and will be living in one of the resulting homes for at least the ensuing 3 years mandated by the Law.

The common theme is that none of these projects would be allowed under the present iteration of the Monte Sereno SB-9 ordinance, primarily because all SB-9 residential units are restricted to a maximum of 800 sq ft and this would not permit them to move forward.

In talking to the owners, they would also be prepared to use the Discretionary Review Process of ‘Site and Architecture’ if their proposals did not fall within the ‘Objective Design Standards’ for Ministerial Projects adopted by the City. But this process was explicitly eliminated by the ordinance even though other Cities allow it. SB-9 does not require such a restriction.

The ordinance itself is a constraint to those residents of Monte Sereno who wish to develop their properties in the manner for which SB-9 is intended.

I hope that this set of schematics [2 for each resident] helps you to understand how you might improve the ordinance to become more useful to residents of your City. It would turn unused land into useful land and would not result in an intensification of use over current zoning rules - complying with the spirit and vision of Monte Sereno remaining primarily a Single Family Residential Community, while still permitting more flexibility in property ownership.

From: Lionel Allan
To: Javed Ellahie; Bryan Mekechuk; Rowena Turner; Liz Lawler; Shawn Leuthold; Allison Zeidler; Pallavi Sharma; Patrick Bucher; Steven White; Narayan Balasubramanian
Cc: Steve Leonardis; Michelle Estabillo; Diana Perkins
Subject: Council and S&A joint meeting, Tuesday, May 24 Date: Saturday, May 21, 2022 3:45:41 PM
Dear Council Members and S&A Commissioners
Given our perspective as 43 year residents of Monte Sereno, we would respectfully ask you to consider:

1. Fire Safety for all Residents
Monte Sereno only has two major thoroughfares, Los Gatos/Saratoga Road and Winchester Ave. In case of a major fire (and we all know that the danger of major fires has increased in recent years), all of our current 1245 households would need to quickly evacuate (these major fires spread incredibly fast) on these two streets, so that total evacuation is probably not realistic. And if the fire “torches” the eucalyptus frees on LG/Saratoga Road, then evacuation of all 1245 households would absolutely not be possible. Materially increasing the number of households given the very limited automobile evacuation routes in case of a major fire would be an irresponsible decision by government responsible for public safety.

2. Affordable housing
One of the major goals of increasing housing density is to provide affordable housing. But as we have seen with the development of the Hacienda, given the very expensive land cost in Monte Sereno, spec developers build expensive, not affordable housing, even in high-density developments. The least expensive single unit in a four-plex at the Hacienda sells for about $2,000,000. The Council’s decision to limit the house size that can be built on a SB9 lot split to 800 square feet will provide needed affordable housing that a 2,500 square foot or larger house would not.

3. RHNA obligations
We believe that many secondary structures currently permitted as pool houses and not as ADUs would qualify as ADUs and should be counted as available housing in Monte Sereno. And those that do not qualify could be inexpensively modified in most cases simply by the addition of a kitchen sink. Residents should be encouraged to advise the City of pool houses that already qualify as ADUs and also advise the City if they have the intention to modify their non-qualifying pool houses to meet ADU requirements.

4. No need to rezone parcels
Given the current number of ADUs and the ability to increase that number as discussed in Item 3, we see no need to rezone parcels on Vineland or anywhere else.

Sincerely,
Mary and Lon Allan