HomeMy WebLinkAbout610ORDINANCE 610
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 9
(SUBDIVISIONS AND PLAN LINES) AND TITLE 10 (ZONING AND SITE
DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL CODE TO ADD
ARTICLE 16 TO CHAPTER 1, AND ARTICLE 15 TO CHAPTER 1, RESPECTIVELY,
ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND DEVELOPMENT OF
QUALIFIED SENATE BILL 9 PROPERTIES
WHEREAS, a severe housing crisis exists in the state with the demand for housing outstripping
supply;
WHEREAS, in September 2021, Governor Newsom signed into law Senate Bill 9 ("SB 9"),
entitled the "California Home Act". Amona, other provisions, this bill adds Sections 65852.21 and
%-1
66411.7 to the Government Code and became effective on January 1, 2022.
WHEREAS, SB 9 requires cities and counties, including the Town . of Los Altos Hills ("Town"),
to ministerially approve a parcel map for an urban lot split and/or a proposed housing development
containing a maximum of two residential units within a single-family residential zone, if the two -
unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and
subdivisions cannot be situated in prohibited locations under Government Code Section
65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a
federally designated flood plain, and high fire hazard severity zones as defined under state law.
WHEREAS, SB 9 further restricts the standards and regulations that local agencies, including the
Town, may impose on qualifying two -unit or subdivision projects. For example, SB 9 specifies that
local agencies may impose only objective zoning, subdivision, and design standards that do not
conflict with the statutes, but such standards must not physically preclude a unit size of 800 square
feet. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project
only if the agency's Building Official makes a written finding based on preponderance of the
evidence that the proposed project would have a specific, adverse impact upon public health and
safety or the physical environment, which is a very high standard for municipalities to meet under
the statute.
WHEREAS, initially on December 16, 2021, pursuant to duly noticed public hearings, and subject
to findings of urgency specifying the circumstances constituting the need for the immediate
preservation of the public peace, health, and safety, the Town of Los Altos Hills adopted an urgency
ordinance and further extended it for an additional twenty-two (22) months and fifteen (15) days to
October 31, 2023 to establish certain regulations for Senate Bill (SB) 9 units in light of the need for
the immediate preservation of the public health, safety and welfare as specified in the findings
supporting the urgency ordinance and its extension.
WHEREAS, the Town's 2023-2031 Housing Element considers SB 9 developments an important
part of the Town's site inventory and housing strategy; the Housing Element included a number of
programs to remove constraints, and encourage and facilitate SB 9 unit developments in Los Altos
Hills. This includes the adoption of a revised, permanent SB 9 ordinance to replace the interim
urgency ordinance, new Town policies "facilitating increased SB 9 production and increased
density in the Residential -Agricultural (R -A) zone", an SB 9 education program, and program to
advertise vacant dwellings including SB 9 units to find tenants from the larger region.
Ordinance 610 Page 1
WHEREAS, specifically, Program B-10 of the Housing Element states the following
commitments: (1) Allow SB 9 units constructed on newly created SB 9 parcels to have default floor
areas greater than 800 square feet as currently stated in the interim ordinance, and require
compliance with the Town's objective design standards which will be prepared as a part of the
permanent ordinance; (2) Allow SB 9 units the ability to obtain additional floor areas based on
availability of Maximum Floor Area for the parcel and/or adherence to standard setbacks and
easement dedication requirements as incentives. Maximum size of SB 9 units constructed on
existing parcels will be determined through the Town's Maximum Floor Area/Maximum
Development Area formula applicable to single-family residential developments in Town; (3)
Remove affordability restriction to promote development of units of all income levels, rather than
only affordable units.
WHEREAS, as a part of the Town's efforts to adopt a permanent SB 9 Ordinance, the Los Altos
Hills Planning Commission formed an ad hoc committee at its October 6, 2022 meeting to
undertake initial efforts at formulating relevant regulations.
WHEREAS, the ad hoc committee met several times over the course of many months, and the
Planning Commission held three (3) duly noticed study sessions on a permanent SB 9 ordinance on
December 12, 2022, February 15, 2023, and July 27, 2023, to provide public outreach and
participation opportunities and to comprehensively discuss and review drafts of permanent
ordinance and pertinent regulations.
WHEREAS, on August 3, 2023, the Planning Commission held a duly noticed public hearing to
consider a proposed SB 9 permanent ordinance and, inclusive of certain changes proposed by the
Commission, adopted a resolution recommending the City Council introduce and adopt said
ordinance to replace the interim ordinance.
WHEREAS, the proposed permanent SB 9 ordinance is comprised of regulations that are (1)
consistent with SB 9 statutes, state housing laws including the Housing Crisis Act and Housing
Element Law, and with the Town's 2023-2031 Housing Element inclusive of housing strategies to
promote SB 9 development and Program B-1O's commitments; (2) oriented towards achieving the
Town's housing goals and implement its housing mobility, fair housing, and other regional housing
obligation strategies and goals; and (3) utilize a carefully balanced approach and create objective
zoning, design, and subdivision standards to preserve the Town's natural beauty including the hills
and views of the Bay, and significant residential communities; address hazards relating to fire,
earthquake, geology and other natural conditions unique to the Town; and to provide reasonably
regulated and orderly development of single family residential construction and subdivision
projects.
WHEREAS, SB 9 specifically authorizes cities to impose objective zoning, subdivision, and
design standards consistent with state law, and to adopt an ordinance to implement its provisions.
SB 9 further provides that such ordinances are not considered a "project" under the California
Environmental Quality Act (CEQA). The proposed SB 9 permanent ordinance would amend the
Town's Zoning Code (Title 10) and Subdivision Ordinance (Title 9) under the Los Altos Hills
Municipal Code to achieve the Town's goals and policies and comply with state law.
WHEREAS, on August 17, 2023, the City Council held a duly noticed public hearing to consider
the proposed SB 9 permanent ordinance as recommended by the Planning Commission, at which
time all interested parties were provided an opportunity to give input and participate in the public
process.
Ordinance 610 Page 2
WHEREAS, after the close of the public hearing, the City Council considered all public comments
received both before and during the public hearing, the presentation by Town staff, the staff report,
comments from the Planning Commission accompanying its recommendation, and all other
pertinent documents regarding the proposed permanent SB 9 ordinance.
WHEREAS, the City Council finds that the proposed amendments to the Zoning Code and
Subdivision Ordinance under the SB 9 permanent ordinance are consistent with and support the
Los Altos Hills General Plan by helping to ensure the implementation of housing goals, programs
and strategies in the 2023-2031 Housing Element, and utilize a carefully balanced approach and
create objective zoning, design, and subdivision standards to preserve the Town's unique
characteristics while remaining in compliance with SB 9 and state housing laws.
WHEREAS, the City Council finds that the proposed ordinance is intended to comply with state
housing laws and to establish comprehensive requirements and standards for the development and
subdivision of qualified SB 9 properties in a way that protects and promotes public safety,
community welfare, and the Town's character and aesthetic quality in a manner consistent with SB
9 and applicable laws.
WHEREAS, the City Council desires to adopt the proposed ordinance to amend the Zoning Code
and the Subdivision Ordinance to implement the requirements contained therein.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as
follows:
SECTION I. FINDINGS,
Based on the entirety of the record as described above, the City Council for the Town of
Los Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, correct, incorporated herein and made a part
hereof.
2. This Ordinance is exempt from CEQA pursuant to Government Code sections 65852.210)
and 66411.7(n).
3. This Ordinance was prepared and adopted in accordance with the requirements of Planning
and Zoning Law (Government Code, sections 65853-65860) and meets all of the
requirements thereunder.
4. This Ordinance is consistent with and supports the Los Altos Hills General Plan by
implementing housing goals, programs and strategies in the 2023-2031 Housing Element,
complying with SB 9 and state housing laws, and utilizing a carefully balanced approach to
create objective zoning, design, and subdivision standards to preserve the Town's unique
characteristics. In addition, this Ordinance establishes comprehensive requirements and
standards for SB 9 development and subdivision projects in a way that protects and
promotes public safety, community welfare, and the Town's character and aesthetic quality
in a manner consistent with SB 9 and applicable laws.
SECTION 11. AMENDMENT.
Ordinance 610 Page 3
Chapter 1, Title 9, and Articles 5 and 15 of Chapter 1, Title 10, of the Los Altos Hills
Municipal Code, are hereby amended to read as set forth in Exhibit A to this Ordinance, which is
hereby incorporated as though set forth in full herein.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid or unconstitutional the remainder of this ordinance, including the application of such
part or provision to other persons or circumstances shall not be affected thereby and shall continue
in full force and effect. To this end, provisions of this ordinance are severable. The City Council
of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting
at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary,
and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days
after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in
the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of
those City Council members voting for and against this Ordinance or otherwise voting. This
Ordinance shall become effective thirty (30) days from and after its adoption. Upon this Ordinance
becoming effective, Ordinance No. 599 as adopted on December 16, 2021 pursuant to Government
Code section 65858 shall be repealed and be of no further force and effect.
INTRODUCED: August 17, 2023
PASSED: September 28, 2023
AYES: Mayor Swan, Vice Mayor Mok, Councilmembers Schmidt, Tankha and
Tyson
NOES: None
ABSTENTIONS: None
ABSENT: None
BY. -�
Mayor
Ordinance 610 Page 4
APPROVED AS TO FORM:
City Attorney
Ordinance 610
Page 5
I & 414 111 11011
SECTI®N I. Revisions to Article 5, "Area, Coverage, Height and Setback Limitations" of
Chapter I of Title 10
Sections 10-1.502 and 10-1.503 are amended as shown as follows, with additions in double
underline and deletions in Sections, subsections, paragraphs and texts not modified
by this amendment are not included below and shall remain in full force and effect.
Article 5. Area, Coverage, Height and Setback Limitations"
10-1.502 Development area.
Except as provided in subsections (c) and (d) of this section, the amount of development area in
square feet allowable on a parcel or lot shall not exceed the amounts determined by application of
the formula in subsection (a) of this section where An is net area in acres, S is the average slope of
the parcel or lot in percent, as defined in Section 10-1.202, LUF is the lot unit factor as defined by
Section 10-1.202 and MDA is the maximum development area allowable.
(6) Development Area Bonus. A development area bonus (five hundred (500) square foot
maximum) of one square foot for every one square foot of roof -mounted photovoltaic (PV) power
generation facility (solar panels) shall be granted subject to the following requirements:
(vii) Any development area bonus request may be referred to the Planning Commission by the
U1 "X-"- nirpap-t
& X"X-"-L-LXX5 A-0.L.L &Ir,r Community Development Director. A development area bonus request for a
property of less than one net acre in size shall be subject to Planning Commission review and
decision;
(ix) TheAL.Q.1mnLitnt Community Development Director shall provide the City Council with
an annual report that evaluates the effectiveness of this subsection as an incentive for increasing PV
system installations;
(c) Minimum MDA. The allowable development area on any parcel or lot shall not be reduced to
less than seven thousand five hundred (7,500) square feet by application of the provisions of this
section, except as set forth in Section ction 10-1.502(e) or except in the case of parcels or lots which have
a lot unit factor of 0.50 or less. Parcels or lots which have a lot unit factor of 0.50 or less require a
Conditional Development Permit and development area may be restricted below seven thousand
five hundred (7,500) square feet as a condition of the permit. Maximum development area for lots
which require a Conditional Development Permit shall be established as the maximum floor area
allowed by Section 10-1.503(c), plus two thousand one hundred (2,100) square feet. The Site
Ordinance 610 Page 6
Development Authority may approve development area of up to a total of four thousand five
hundred (4,500) square feet for any lot or parcel without requiring a variance, so long as the findings
for a Conditional Development Permit are made. Notwithstanding the foregoing, this subsectionc
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shall not apply..to any parcel that has a LUF less than 1.0 and was created after the enabling date of
the ordinance implementing this sentence.
10-1.503 Floor area,
(c) Minimum MFA. The allowable floor area on any parcel or lot shall not be reduced to less than
five thousand (5,000) square feet by application of the provisions of this section, except as set forth
in subsection (e) of this section or except in the case of parcels or lots which have a lot unit factor
of 0.50 or less. Parcels or lots which have a lot unit factor of 0.50 or less require a Conditional
Development Permit and floor area may be restricted below five thousand (5,000) square feet as a
condition of the permit. Maximum floor area for lots which require a Conditional Development
Permit shall be established as the ratio of the lot unit factor (LUF) for the lot divided by 0.50 times
five thousand (5,000) square feet. The Site Development Authority may approve floor area of up
to two thousand five hundred (2,500) square feet for any lot without requiring a variance, so long
as the findings for a Conditional Development Permit are made. Notwithstanding the foregoing,
this subsection (c) shall not apply to any parcel that has a LUF less than 1.0 and was created after
the enabling date of the ordinance implementing this sentence.
SECTION 11. Revisions to Article 15, "Objective Standards for Qualified Senate Bill 9
Subdivisions and Development Projects" of Chapter 1 of Title 10
Article 15 of Chapter I of Title 10 is repealed in its entirety and a new Article 15 is added as follows.
Other articles, sections, subsections, paragraphs and texts not modified by this amendment are not
included below and shall remain in full force and effect.
Article 15.
Objective Standards for Qualified Senate Bill 9 Lot Splits and Development Projects
10-1.1501 Purpose and Intent.
10-1.1502 Definitions.
10-1.1503 SB 9 Lot Split Eligibility.
10-1.1504 Objective Development Standards for SB 9 Lot Splits.
10-1.1505 Objective Development Standards for SB 9 Units.
10-1.1506 Objective Building and Design Requirements for SB 9 Units.
10-1.1507 Adoption of Fees and Charges.
Ordinance 610 Page 7
10-1.1501 Purpose and Intent.
The purpose of this article is to establish objective standards and regulations to govern the
development of qualified Senate Bill No. 9 (2021) ("SB 9") subdivisions and development projects
on single-family residential zoned properties within the Town of Los Altos Hills. The establishment
of these regulations will result in the orderly subdivision and development of qualified SB 9 projects
while ensuring that the new units are consistent with the semi -rural character of the Town and do
not create any significant impacts with regards to public infrastructure or public safety. The
regulations are established to implement the requirements under California Government Code
Sections 65 852.21 and 66411.7.
10-1.1502 Definitions.
For purposes of this article, the following definitions apply:
(a) Adjacent parcel means any parcel of land that (1) adjoins another parcel by any portion of
a shared property line; (2) is separated from another parcel at any point only by a public right-
of-way, ingress -egress easement, or public or private easement; or (3) is separated from another
parcel only by other real property which in common ownership or control of the same owner or
development project applicant.
(b) Accessory dwelling unit or ADU, means an attached or a detached residential dwelling unit
as defined by Section 10-1.1402 of this code.
(c) Dwelling unit or Dwelling means an ADU, JADU, a primary dwelling, and an SB 9 Unit,
as applicable.
(d) Junior accessory dwelling unit or JADU, or "efficiency unit", means a dwelling unit as
defined by Section 10-1.1402 of this code.
(e) Conservation Easement means restrictive covenants that run with the land and bind upon
successive owners that protects against future development such as preservation of open space,
scenic, riparian, historical, agricultural, forested, or similar conditions. Open space and riparian
easements are included in this definition.
(f) Existing dwelling means a primary dwelling or other dwelling unit on a parcel that exists
prior to any voluntary demolition or reconstruction or remodel where no more than 50% of the
exterior wall framing has been removed or altered. Any existing dwelling unit where more than
50% of the exterior wall framing has been removed is considered a new dwelling for purposes
of this article.
(g) Panhandle means the portion of a lot which connects the buildable section of the lot to a
public or private vehicular right-of-way.
(h) Pathway means designated pedestrian, equestrian, and/or bicycle routes as shown on the
Pathway Master Plan of the Town.
(i) Primary dwelling means a building as defined in Section 10-1.202 and is reviewed and
entitled as asingle-family residence pursuant to the provisions of Article 3, Chapter 2 of Title
10 of this code.
Ordinance 610 Page 8
(j) Private Road means a road, way, or street in private ownership and under private
maintenance, not offered for dedication as a public road, way, place, or street, which affords the
principal means of access to three or more lots or parcels which do not have frontage on a public
street.
(k) SB 9 Lot Split means a subdivision of an existing parcel to create up to two (2) new parcels
using the provision in this article, Article 16 of Chapter I of Title 9 of this code, and the
provisions identified in California Government Code Sections 65852.21 and 66411.7.
(1) SB 9 Lot means single-family residential lots created from an SB 9 Lot Split.
(m) SB 9 Dwelling Unit or SB 9 Unit means a dwelling unit that seeks to use or is developed
using the provisions in this article and the provisions identified in California Government Code
Sections 65852.21 and 66411.7.
10-1,1503 SB 9 Lot Split Eligibility*
Any parcel within the Residential -Agricultural (R -A) zoning district meeting the requirement of
this article and Article 16 of Chapter 1, Title 9 of this code is eligible for SB 9 Lot Split, except
under the following circumstances:
(a) Any parcel that was established through a prior exercise of SB 9 Lot Split as provided for
in this article.
(b) Any parcel proposing to be subdivided that is adjacent to another parcel where either the
owner of the parcel proposing to be subdivided or any person acting in concert with said owner
has previously subdivided that adjacent parcel using the provisions in this article. For the
purposes of this article, "any person acting in concert" with the owners includes, but is not
limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership
or another form of cooperative relationship with, the property owner.
(c) Any parcel located within an historic district or included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site
that is designated or listed as a Town of Los Altos Hills or Santa Clara County landmark or
historic property or district pursuant to a Town of Los Altos Hills or Santa Clara County
ordinance.
(d) Any parcel where SB 9 Lot Split would require the 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 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.
Ordinance 610 Page 9
(4) Housing that has been occupied by a tenant in the last three years.
(e) Any parcel fully encumbered with a conservation easement or identified for conservation in
an adopted natural community conservation plan pursuant to the Natural Community
Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species
Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(f) Any parcel that is designated prime farmland or farmland of statewide importance, as
defined pursuant to United States Department of Agriculture land inventory and monitoring
criteria, as modified for California, and designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the Department of Conservation, or land zoned or
designated for agricultural protection or preservation by a local ballot measure.
(g) Any parcel containing wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993), that would prevent the development of the parcel.
(h) Any parcel within a very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high
or very high fire hazard severity zone as indicated on maps adopted by the Department of
Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This
subsection does not apply to parcels that have been excluded from specific hazard zones by
actions of the Town pursuant to Government Code section 51179(b), or parcels that have
adopted fire hazard mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development.
(i) Any parcel with a hazardous waste site that is listed pursuant to Government Code Section
65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control
pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public
Health, State Water Resources Control Board, or Department of Toxic Substances Control has
cleared the site for residential use or residential mixed uses.
(j) Any parcel within a special flood hazard area subject to inundation by the I percent annual
chance flood (100 -year flood) as determined by the Federal Emergency Management Agency
(FEMA) in any official maps published by the FEMA. However, a SB 9 Lot Split and/or
development project may be located on a parcel described in this subsection if (i) the parcel is
otherwise eligible for approval under the provisions of this article and (ii) the project applicant
is able to satisfy all applicable federal qualifying criteria demonstrating either of the following
are met:
(1) The site has been subject to a Letter of Map Revision prepared by the FEMA and
issued to the Town.
(2) The site meets FEMA requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program pursuant to Part 59
(commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of
Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
Ordinance 610 Page 10
(k) Any parcel within a regulatory floodway as determined by the FEMA in any official maps
published by the FEMA, unless the SB 9 Lot Split and/or development project has received a
no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal
Regulations.
(1) Any parcel containing habitat for protected species identified as candidate, sensitive, or
species of special status by state or federal agencies, fully protected species, or species protected
by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with
Section 1900) of Division 2 of the Fish and Game Code).
10-1.1504 Objective Development Standards for SB 9 Lot Splits.
The following objective standards and regulations apply to all SB 9 Lot Splits:
(a) The subdivision shall create no more than two new parcels of approximately equal area
provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square
feet in area.
(b) Where noted, the requirements of this Section 10-1.1504 shall be waived by the Community
Development Director if the applicable regulation at issue would physically preclude the
construction of two SB 9 Units on either resulting parcel or would result in an SB 9 Unit from
being less than nine hundred (900) square feet in floor area. All such waivers made by the
Community Development Director shall be final.
(c) No more than two (2) dwellings shall be permitted on an SB 9 Lot. For the purposes of this
subsection, "dwelling unit" means a primary dwelling, an SB 9 Unit, an Accessory Dwelling
Unit or Junior Accessory Dwelling Unit.
(d) Existing parcels shall be split approximately perpendicular to the longest contiguous
property line. Resulting lots shall have a maximum depth to width ratio of three -to -one (3:1).
However, this requirement shall be waived if the subdivider demonstrates that it would prohibit
an SB 9 Lot Split that otherwise meets the requirements of this article.
(e) The front parcel line of any newly created parcel shall be the parcel line that is closest to or
parallel to the public or private road that serves the parcel.
(f) A twenty (20) -foot -wide panhandle (for a flag lot) or an ingress/egress easement shall be
provided for all new parcels that do not have direct frontage on a public or private road.
Driveway access to the new parcels shall be shared as identified in Figure 1, 2, and 3, unless
the new driveways are a minimum of one hundred (100) feet apart. No more than one (1)
driveway cut is permitted for each parcel.
Ordinance 610 Page 11
1M:M:1MM1MM
Figure 1 Figure 2 Figure 3
(g) Easements for access and public and private utilities shall be provided for any newly created
parcel that does not front on a public or private street.
(h) Separate utility meters shall be provided for each parcel prior to recordation.
(i) All newly created parcels shall be connected to public sewer or provide a private onsite
wastewater treatment system (OWTS) that is fully contained within the new parcel boundaries
to be approved by the Santa Clara County Environmental Health Department.
0) No setbacks shall be required for an existing structure on the parcel from a proposed parcel
line. For the purposes of this article, existing dwelling units or accessory structures may be
demolished and reconstructed as new units pursuant to the ministerial approval process of this
article to the same or lesser massing and dimensions of the previously existing dwelling or
accessory structure at the same location and within the same building footprint. Roof decks and
balconies are permitted if reconstructed in the same location and orientation. However, in no
event shall any reconstruction increase the height, floor area, development area, or setbacks of
the prior existing dwelling or structure.
(k) In the event that an applicant desires to demolish and reconstruct an existing dwelling unit
or accessory structure, the applicant shall apply for a demolition permit with the Town
concurrently or after submitting an application pursuant to this article, and shall submit with the
demolition permit application a pre -demolition survey prepared by a licensed surveyor or civil
engineer and as -built plans and elevations of the existing dwelling or structure prepared by a
licensed architect. All other accessory structures that are not primary or secondary dwellings
shall be reviewed by the applicable hearing body pursuant to pursuant to the provisions of
Article 3, Chapter 2 of Title 10 of this code.
(1) An SB 9 Lot Split is subject to all impact or development fees related to the creation of a
new parcel pursuant to Title 9 of this code and any applicable fee schedules adopted by the City
Council and most currently in effect.
10-1.1505 Objective Development Standards for SB 9 Units.
The following objective standards and regulations apply to the development of SB 9 Units:
(a) Number of Units Permitted.
(1) For parcels not created through an SB 9 Lot Split, the following unit types and count
shall be permitted on one parcel:
A. a primary dwelling and an SB 9 unit (or two SB 9 units);
B. ADU as provided by Article 14 of Title 10 of this code; and
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C. a JADU as provided by Article 14 of Title 10 of this code.
(2) For SB 9 Lots, the following unit types and count shall be permitted:
A. Up to two dwelling units, consisting of existing or proposed (including
reconstruction pursuant to Section 10-1.1504(j) of this code) primary dwellings or
SB 9 Units; or
B. Up to two SB 9 Units.
C. No ADUs and JADUs are permitted.
(b) Unit Size and Construction. The maximum size and development area for one SB 9 Unit
shall be nine hundred (900) square feet with a maximum height of sixteen (16) feet. The
maximum development area (MDA) permitted on an SB 9 Lot shall be the maximum floor area
(MFA) plus an additional two thousand one hundred (2,100) square feet.
For any vacant SB 9 Lot with an MFA of less than one thousand eight hundred (1,800) square
feet, the parcel shall be allowed to construct up to two (2) SB Units with a maximum size of
nine hundred (900) square feet and a height of sixteen (16) feet each. For an SB 9 Lot with one
existing residence exceeding the MFA of the parcel, nine hundred (900) square feet of floor
area and development area shall be excluded from the MFA and MDA. For parcels not created
through an SB 9 Lot Split, nine hundred (900) square feet of floor area and development area
for the construction of SB 9 Units shall be excluded from the maximum floor area and
development area. No basement, bunker, or roof deck shall be permitted in any of the foregoing
developments.
(c) Setbacks. The minimum front yard setback for any new SB 9 dwelling unit shall be 40 feet
measured from any point of the architecture extrusions, including roof eaves and permanent
wall features to the front parcel line or a public or private road right-of-way and four (4) feet
from the side and rear parcel lines. In addition, all outdoor patios, covered patios, decks, and
other hardscape, except walkways as defined in Section 10-1.202, shall meet the standard 40 -
foot front and 30 -foot side and rear setbacks as set forth under Section 10-1.505.
Notwithstanding the foregoing, no setback shall be required for a dwelling unit proposed
pursuant to this article that is constructed in the same location and to the same dimensions as
an existing structure on the parcel in accordance with Section 10-1.15040).
(d) Structures shall not be located in the following locations:
(1) In areas encumbered by a recorded easement, including but not limited to, public
utility easements, conservation easements, access easements, equestrian easements,
general public easements, pathway easements, and open space easements;
(2) In areas within twenty-five (25) feet of the top of a creek bank;
(3) Within 10 feet of a parcel line where a pathway is designated on the adopted Pathway
Master Plan for the Town of Los Altos Hills.
(4) Areas with slopes greater than thirty percent (30%).
(e) Required Parking. One on-site parking space is required per SB 9 Unit as follows:
Ordinance 610 Page 13
(1) The parking space may be covered or uncovered and shall be at least ten (10) feet
wide by twenty (20) feet deep.
(2) The space maybe provided as tandem parking on a driveway or located in a setback
area, unless specific findings are made by the Community Development Director that
parking in a setback area or as tandem is not feasible based upon specific site or regional
topographical or fire and life safety conditions.
(3) The parking space shall not encroach into a required fire truck turnaround or obstruct
the driveway access to the primary dwelling.
(4) However, no parking shall be required in either of the following circumstances:
A. The parcel is located within one-half mile walking distance of either a high-quality
transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources
Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources
Code.
B. There is a car share vehicle located within one block of the parcel.
(f) Heritage Oak Tree Removal. If an SB 9 Unit development project proposes to remove, or
damages in the course of construction, a heritage oak tree, the applicant shall be required to
provide replacement trees in accordance with the following:
For a heritage oak tree between 12-18 inches in trunk diameter: replacement of two (2)
24 -inch box California native oak trees.
For a heritage oak tree between 18-24 inches in trunk diameter: replacement of three (3)
24 -inch box California native oak trees.
For a heritage oak tree greater than 24 inches in trunk diameter: replacement of four (4)
24 -inch box California native oak trees.
(g) Development Incentives for SB 9 Units on Parcels Meeting Certain Requirements. If
an SB 9 Unit is proposed to be constructed to meet the 40 -foot front and 30 -foot side and rear
setbacks as set forth under Section 10-1.505, and if the applicant or property owner proposes to
dedicate to the Town all of the following as applicable: (i) for any parcel, a public right-of-way
interest pursuant to Section 9-1.703; (ii) for a parcel with a slope equal to or exceeds thirty
percent (30%), an open space easement covering the entire sloped area (iii) for a parcel
containing a creek identified in the General Plan, an open space easement providing at least a
twenty-five (25) feet buffer zone from the top of the creek bank; or (iv) for a parcel with a
proposed pathway identified on the Town's Pathway Master Plan, a pathway easement of at
least ten (10) feet in width covering the identified pathway segment, then any SB 9 Unit
constructed on the parcel shall receive development incentives as described below and subject
to the following:
(1) The maximum floor area (MFA) and maximum development area (MDA) permitted
on the parcel shall be calculated in accordance with the requirements of the underlying
zoning district per Sections 10-1.502 and 10-1.503.
Ordinance 610 Page 14
For parcels with a Lot Unit Factor (LUF) as defined under Section 10-1.202 less than or
equal to 0.5, the maximum size of one SB 9 Unit shall not exceed two thousand (2,000)
square feet. For parcels with a Lot Unit Factor (LUF) as defined under Section 10-1.202
greater than 0.5, the maximum size of one SB 9 Unit shall not exceed three thousand
(3,000) square feet.
For SB 9 Lots with a Lot Unit Factor (LUF) as defined under Section 10-1.202 less than
or equal to 0.5, up to two thousand (2,000) square feet or the maximum floor area of the
lot minus nine hundred (900) square feet, whichever is less, shall be available for the
development of one SB 9 Unit. For SB 9 Lots with a Lot Unit Factor (LUF) as defined
under Section 10-1.202 greater than 0.5, up to three thousand (3,000) square feet or the
maximum floor area of the lot minus nine hundred (900) square feet, whichever is less,
shall be available for the development of one SB 9 Unit.
(2) The maximum height of an SB 9 Unit shall be sixteen (16) feet.
(3) A basement shall be permitted for SB 9 Units subject to the requirements of Section
10-1.202 and the setback requirements under Section 10-1.505, which shall also apply to
any light wells and roof eaves. Additionally, if any portion of the basement is visible above
ground level, then the entire square footage of said basement shall be included in the
calculation of maximum floor area for the lot pursuant to Section 10-1.503.
(4) Required Parking for an SB 9 Unit shall be as follows, based on the proposed floor
area of said unit. All spaces shall be at least ten (10) feet wide by twenty (20) feet deep.
No more than seven (7) parking spaces shall be required on one lot.
Floor Area
lumber
Forms
Setbacks
Under 1000 square
1
uncovered
Permitted in the Setback
feet
areas
1,000 to 1,600 square
2
uncovered
One space may be located in
feet
the Setback areas, all other
spaces shall be outside the
1,600 to 2,400 square
3
uncovered
feet
40 -foot front and 30 -foot
rear and side setbacks
2,400 to 3,000 square
4
2 covered
feet
2 uncovered
(5) Any SB 9 Unit receiving a development incentive pursuant to this subsection (g)
shall comply with the 40 -foot front and 30 -foot side and rear setbacks as set forth under
Section 10-1.505.
(6) For any SB 9 Unit receiving a development incentive pursuant to this subsection (g),
trees and shrubs shall be provided as landscape screening within the 40 -foot front and 30 -
foot rear and side setback areas as follows: maximum spacing for existing and proposed
screening trees shall be 25 feet on center and 10 feet on center for existing and proposed
screening shrubs. All new screening trees shall be California -native evergreen trees of at
least 24 -inch box size, and all screening shrubs shall be California -native evergreen shrubs
of at least 15 -gallon box size. However, the foregoing landscape screening shall not be
required or located in a recorded easement area, except for open space easements,
Ordinance 610 Page 15
including but not limited to a driveway or ingress -egress easement, public utility
easements; areas for septic systems; and within 25 -foot from the top of bank of creeks.
(h) Driveways and Access. All dwelling units on a parcel shall be served by a common
driveway from the nearest public or private street. Driveway access to all new units shall be
compliant with the Santa Clara County Fire Department standard details and specifications for
driveways and turnarounds.
(i) Sewer Connection. All newly created dwelling units shall be connected to public sewer or
provide an onsite wastewater treatment system (OWTS) approved by the Santa Clara County
Department of Environmental Health.
(j) Occupancy Requirements. An SB 9 Unit may be rented separately from the primary
dwelling unit. However, no SB 9 Unit shall be rented for a period of less than thirty-one (31)
days and cannot be occupied as a short-term rental unit, as defined under section 10-1.1202.
(k) Development projects pursuant to this article shall be subject to all impact or development
fees related to the development of a new dwelling unit.
(1) Notwithstanding the foregoing, no housing development project shall be permitted on a site
pursuant to this article if the underlying parcel falls within any provision under Section 10-
1.1503 (c) through (1).
(m)Where noted, the requirements of this section 10-1.1505 except for the requirement under
subsection (d)(1) above shall be waived by the Community Development Director if the
applicable regulation at issue would physically preclude the construction of two SB 9 Units on
the parcel or would result in an SB 9 Unit from being less than nine hundred (900) square feet
in floor area. All such waivers made by the Community Development Director shall be final.
10-1.1506 Objective building and design requirements for SB 9 Units.
All SB 9 Units shall be reviewed and approved without discretionary review or public hearing. As
part of the Planning Department's ministerial approval, the following requirements shall be
confirmed for SB 9 Unit developments and construction:
(a) All SB 9 Units shall comply with applicable requirements of the California Building
Standards Code including but not limited to the Residential Code and the Fire Code.
(b) Proposed grading for SB 9 Unit development and associated site improvements shall not
exceed the vertical cuts and fills thresholds listed as below:
(c) No site grading shall be permitted within ten (10) feet of any property line and public or
private road right-of-way easements, except such grading is permitted for the construction of
pathways; to allow access for driveways where they cross a property line; within a panhandle;
Ordinance 610 Page 16
Cut
Fill
House and Garage
81)
39
Driveway
109
59
Fire Truck Turnaround
711
59
Patio and Yards
49
3'
(c) No site grading shall be permitted within ten (10) feet of any property line and public or
private road right-of-way easements, except such grading is permitted for the construction of
pathways; to allow access for driveways where they cross a property line; within a panhandle;
Ordinance 610 Page 16
or for the construction of an SB 9 Unit within five (5) feet of the building footprint within the
parcel.
(d) The height of lowest finished floor(s) of a structure shall not be set in excess of four feet six
inches (4'-6") above the existing grade, to assure that structures step with the slope. Supported
decks shall not exceed three (3) feet above adjoining grade except where located within six (6)
feet of an exterior wall of a building.
(e) For detached units proposed or expanded to be greater than nine hundred (900) square feet
in floor area, the exterior materials and design shall match the design of any existing primary
dwelling unit on the parcel through the use of the same exterior wall materials, identified color
tones, window types, door and window trims, roofing materials and roof pitch.
(f) For an attached unit, the exterior materials, windows and other architectural features shall
match the existing structure by employing the same building form, color tones, window design,
door and window trims, roofing materials and roof pitch.
(g) Detached units shall maintain no less than ten (10) -foot separation, inclusive of eaves,
measured from the exterior walls.
(h) All operable doors, outdoor steps, landings, railings, HVAC equipment attached to a
dwelling, propane tanks, generators, water collection tanks, hardscape, storage for trash
receptacles, above -ground backflow preventer valves and temporary construction equipment
shall be located at least ten (10) feet away from any property line. Operable doors shall not be
located within ten (10) feet of the property line.
(i) No exterior entrance shall face the rear or side property lines if the distance is less than thirty
(30) feet between the entrance and the property line that the entrance faces.
0) Windows shall not occupy more than 33% of any fagade of an SB 9 Unit. Prior to issuance
of certificate of occupancy, windows shall install "privacy glass" if the distance between the
windows and the property line is less than ten (10) feet. However, privacy glass shall not be
required if a window is situated six (6) feet or higher measured from the finish floor to the
bottom of windowsills.
(k) Exterior wall colors and materials shall have a light reflectivity value (LRV) of 50 or less
and roof materials shall have a light reflectivity value (LRS of 40 or less. All metal roofs shall
conform to a color specified in Exhibit A of the Metal Roofing Policy approved by the Planning
Commission and most currently in effect.
(1) Exterior building lighting shall be fully shielded and downward facing and limited to one
exterior light fixture per exterior doorway, or the minimum necessary to comply with the
California Building Standards Code.
(m)The following lighting features are permitted, and light emission and color temperatures of
any light bulbs used shall be limited as follows:
Ordinance 614 Page 17
Maximum Light Emission
(Lumens, (Dv)
Maximum Color
TeMperature (Kelvin, K)
Path Lights
200
2700
Ordinance 614 Page 17
Step Lights
110
2700
Exterior Wall Scones
600
3000
Recessed Ceiling Lights
600
3000
Pendant Lights
600
3000
A_
Gate Lights
600
3000
Temporary Construction
Lighting
500
3000
(n) Recessed lights and downlights shall not be installed in second floor roof eaves. Such lights
in first floor eaves shall be located over entryways, garage doors, and patio doorways only.
Recessed lights and downlights in first floor roof eaves shall be positioned so that the light cone
does not shine down into a neighboring property. No lighting shall be placed at or near the peak
of the roof line of a one- or two-story gabled roof.
(o) Pathway and driveway lighting shall be fully shielded fixtures, directed downward and no
taller than 18 inches. The spacing between pathway lights shall be 20 feet on center.
(p) Garage door windows, panels, or other opening shall not emit light more than 30% of the
door's surface area. The emitting light shall be translucent, allowing no more than 30% of the
interior light emission to pass through to the outside.
(q) Notwithstanding subsection (1) above, the following outdoor lighting types are prohibited:
(1) Any light beams that emits or stretches beyond the aerial space defined by the
property lines.
(2) Up -lighting of any kind.
(3) Wall wash lighting of exterior walls.
(4) Visible LED lighting strips, tape lights, and bistro lights.
(5) Bistro lights, pendant lights, and any similar lighting fixtures hung down from or
hung amongst trees.
(6) Tree lights.
(r) Only two landscape lights shall be permitted to locate within the 30- and 40 -foot setback
areas set forth under Section 10-1.505.
(s) All SB 9 Units are required to have fire sprinklers. A solid (no openings) one-hour fire wall
shall be required between an SB 9 Unit, the primary dwelling, an ADU, or any two units
configured as a duplex on a parcel. No internal accesses are permitted between the SB 9 Units
and other dwelling units. In addition, a deed restriction in a form approved by the City
Attorney's Office shall be recorded stipulating that the duplex shall be maintained as two (2)
separate units.
(t) For the purposes of identifying a heritage oak as defined in Section 12-2101 of this code,
an arborist report prepared by an International Society of Arboriculture (ISA) certified arborist
shall be submitted by the applicant if construction is proposed within the driplines of any trees
with trunk diameters of twelve (12) inches or greater to be preserved.
Ordinance 610 Page 18
(u) No roof decks are permitted on SB 9 dwelling units. A hedge, consisting of 15 -gallon
minimum evergreen shrubs and at a minimum four (4) feet in height, shall be planted and
maintained inside the parcel line (and outside of any recorded easement area) at six (6) -foot
intervals adjacent to the wall of the SB 9 dwelling unit located closer than ten (10) feet from the
side and rear property lines.
(v) A Water Efficient Landscape Ordinance (WELO) Worksheet of the Town shall be
submitted by the applicant for any proposed landscape associated with SB 9 Units. The
applicant shall furnish to the Town a Landscape Maintenance and Water Usage Deposit in the
amount based on the Town's adopted fee schedule most currently in effect. For two years after
completion of the project, Town staff shall review water usage for the parcel and conduct a site
inspection to ensure any installed landscape features and screening remains in existence and
continues to be adequately maintained. The deposit shall be applied towards remedying
insufficient or removed landscape screening or water usage greater than the annual usa6e
indicated on the approved parcel water budget worksheet.
(w) All electrical and utility services to a new dwelling unit shall be undergrounded.
(x) All basements within a dwelling unit shall include at least one emergency escape/rescue
opening as required by the applicable provision of the California Building Code. In addition,
each bedroom located in the basement within a dwelling unit shall require a light well with
dimensions of three (3) feet by nine (9) feet, extending maximum three (3) feet from the exterior
wall, and meeting the requirements for ingress and egress under the California Building Code
(CBC) or California Residential Code (CPA).
(y) Notwithstanding the foregoing subsections, any development or design standards, except
for requirements of any provisions ovisions of the California Building Standards Code including but not
limited to the Residential Code and the Fire Code, that would physically preclude the
construction of up to two SB 9 Units on the parcel or that would physically precludes an SB 9
dwelling unit from being nine hundred (900) square feet in floor area shall be waived by the
Community Development Director. All such waivers made by the Community Development
Director shall be final.
10-1.1507 Adoption. of Fees and Charges.
The City Council may establish and set by resolution all fees and charges, consistent with
Government Code sections 65852.2 and 65852.22, and related provisions, as may be necessary to
effectuate the purpose of this article.
SECTION 111, Revisions to Chapter I "Subdivisions" of Title 9
A new Article 16, entitled "SB 9 Lot Splits", is hereby added to Chapter I of Title 9 and shown in
its entirety as follows. Other articles, sections, subsections, paragraphs and texts not modified by
this amendment are not included below and shall remain in full force and effect.
Ordinance 610 Page 19
Article 16
Senate Bill 9 Lot Split
9-1.1061 Application Materials for SB 9 Lot Splits.
9-1.1062 Review and Approval of SB 9 Lot Splits.
9-1.1601 Application Materials for SB 9 Lot Splits. A subdivider seeking an SB 9 Lot Split
as defined in Article 15 of Chapter 1, Title 10 of this code shall file a tentative parcel map and a
parcel map, an SB 9 Lot Split Application established by the Town containing the information set
forth in this section to the Planning Department for review. Submittals shall be accompanied by the
required fees and deposits as prescribed by resolution of the City Council.
(a) Application and Billing Agreement signed by all parties holding an ownership interest in
any properties which are the subject of the proposed subdivision.
(b) Numbered Tract Map, Parcel Map, or Certificate of Compliance to demonstrate the lot
legality, pursuant to Section 9-1.318.
(c) Preliminary title report within the past six (6) months.
(d) Topographic survey. Minimum contour interval is five (5) feet when the average slope
exceeds 10% and two (2) feet when the average slope is less than 10%.
(e) Preliminary approval of the percolation test from the Santa Clara County Department of
Environmental Health, if the parcels must connect to onsite wastewater treatment systems
(OWTS).
(f) A tentative Parcel Map containing the following information:
(1) Date, north arrow, scale, sufficient description to define the location, boundaries of
the proposed tract and contour intervals, all located in the lower right-hand comer of the
map.
(2) Adjacent properties on all sides of the proposed SB 9 Lot Split, including those
separated by a public or private right-of-way, with information of the last name of owner
or owners, Assessor Parcel Numbers, topographic features, and all improvements.
(3) The names, addresses, and telephone numbers of the recorded owners, subdivider,
and State of California registered civil engineer or State -licensed land surveyor who
prepared the preliminary map. The registered civil engineer or licensed land surveyor shall
include his or her valid stamp, number, and signature;
(4) Locations, names, widths, centerline radii, and centerline grades of all streets, roads,
and rights-of-way in the proposed subdivision with typical cross-sections showing
proposed improvements. Centerline grades shall be shown by a profile, preferably referred
to mean sea level datum as established by the United States Geological Survey, or to Town
approved bench marks established by the City Engineer. Cross-sections shall be presented
as required by the City Engineer;
(5) Gross and net acreage of each individual lot to the nearest one hundredth of an acre
which may be based on the calculation of the gross and net acreage of the entire parcel;
Ordinance 610 Page 20
(6) A number for each lot, dimensions of the lots, including frontage, depth, width, and
gross and net area of each lot to the nearest hundredth of an acre; and
(7) The location of any existing and/or proposed easements, including easements for
conservation purposes, Open Space Easements and Pathway Easements.
(g) A form prepared and signed by the registered civil engineer, or licensed land surveyor who
prepared the Parcel Map setting forth the average slope, Lot Unit Factor (LUF) and slope
density calculations for the original lot and for each new parcel;
(h) Location, width, and character of all existing and proposed easements, including but not
limited to easements for pathways, open space, conservation or agricultural purposes, equestrian
uses, drainage, water, sewage, public utilities, together with the location and approximate
dimensions of any existing buildings and structures, driveways, pools, hardscape, retaining
walls, septic tanks, leach fields, wells, active or abandoned, and proposed disposition;
(i) Approximate location and direction of flow of all creeks, streams, and other watercourses
and drainages, showing type of existing top -of -banks and creek depths, with a separate sheet
showing cross-sections of all such creeks, streams, and watercourses, when such streams, cree..,,
or other watercourses are three (3) feet in depth and/or the width is four (4) feet or more at the
bed of the stream, creek, or other watercourse;
0) Location and building footprint of the existing structures identified by type. Structures to be
removed shall be so marked.
(k) Location of all trees with trunks equal to or greater than twelve (12) inches in diameter.
Trees in concentrated areas shall be approximately marked on the map with a corresponding
legend indicator. The trees proposed to be removed shall be identified on the tentative Parcel
Map.
(1) Proposed or required Green Infrastructure;
(m) Conceptual grading design with the proposed contours at two (2) -foot intervals minimum if
the existing ground slope is less than 10 percent, or at five (5) -foot intervals minimum if the
existing ground slope is 10 percent or more.
(n) Conceptual drainage design show how runoff of surface waters from individual lots will be
achieved and the ultimate disposal of all subdivision surface waters.
(o) Approximate distance, size and location of the nearest existing sanitary sewer main line; Or
the septic system locations on the proposed parcels, if the parcel proposes to connect to onsite
wastewater treatment systems (OWTS).
(p) Source of domestic water supply.
(m) Fire protection system and design as required by the Los Altos Hills County Fire Protection
District.
Ordinance 610 Page 21
9-1.1602 Review and Approval of SB 9 Lot Splits.
(a) SB 9 Lot Splits shall be reviewed for conformance with the standards and requirements
under Article 15 of Chapter 1, Title 10 of this code.
(b) Upon completion of review and preparation of conditions of approval authorized by this
chapter by the Planning Division, the Community Development Director shall ministerially
approve the tentative parcel map without discretionary review or public hearings if the tentative
parcel map conforms to the applicable requirements of this chapter and applicable provisions
of Article 15 under Chapter 1, Title 10 of this code. The Community Development Director's
decision shall be final.
(c) The expiration and extension of the tentative parcel map shall be in accordance with
Section 9-1.519, unless a longer or shorter period is prescribed by applicable state law.
(d) All persons submitting maps as required by this article shall pay all fees and/or deposits as
provided by the City Council's resolution establishing fees and charges.
(e) A note on the parcel map and a recorded deed restriction in a form approved by the City
Attorney's Office shall be applied to all newly created parcels indicating that the parcel was
split using the provision of this article and that no further SB 9 Lot Split are permitted. The deed
restriction shall also identify that the parcel shall be used for residential uses only and that it is
subject to the requirements of Section 10-1.1505(a)(2) and Sections 10-1.502 and 503 of Article
15 of Chapter I of Title 10 of this code.
(f) Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit in
a form approved by the City Attorney's Office stating that the applicant intends to reside in one
of the proposed or existing primary dwellings or SB 9 Units as defined in Article 15 of Chapter
I, Title 10 of this code for three years from the date of the approval of the subdivision. This
requirement shall not apply if the applicant is a community land trust or a qualified nonprofit
corporation as provided in Sections 402.1 and 214.15 of the Revenue and Taxation Code.
5432406.1
Ordinance 610 Page 22