Los Gatos planning commissioners on Wednesday will review a rewrite of the town's rules for splitting single-family lots and building two homes on one parcel, after the state's housing department told the neighboring town that 17 parts of its ordinance no longer comply with state law.
The commission meets at 7 p.m. Oct. 14 in the Council Chambers at 110 E. Main St. and online. Its job is to send a recommendation to the Town Council, which will make the final decision. Written comments to Planning@losgatosca.gov were due by 11 a.m. Wednesday.
Why the rules are changing
Los Gatos has had permanent rules for these projects since 2022 under SB 9, the 2021 state law requiring cities to approve qualifying lot splits and two-unit developments ministerially, without discretionary review or public input, according to the town's staff report.
Two newer laws narrowed what towns can add on top. SB 450, in effect since Jan. 1, 2025, bars local standards for these projects unless they apply equally to other development in the same single-family zone, though towns may adopt looser ones. AB 1061, in effect since Jan. 1, 2026, limits the historic-property exemption to designated landmarks and sites adopted by ordinance.
The California Department of Housing and Community Development sent the town a letter on May 5 listing 17 noncompliant items, most tied to SB 450; staff wrote back in June saying the town would update its rules.
What would change
Among the amendments staff recommends:
- Neighbor notices dropped. The town would stop mailing notices to neighbors on these applications. The state letter said such notice is not allowed because ordinary homes in the same zone do not get it.
- Hillside limits moved or removed. A 50-cubic-yard grading cap, cut-and-fill limits and a retaining wall standard that applied only to these projects would be deleted. Staff says other hillside grading limits are being written into new design standards that would apply to all single-family and two-family homes.
- No more 1,200-square-foot cap on the first unit in a two-home project, and the town's larger street-side setback would go; staff notes state law caps required side setbacks at 4 feet.
- No demolition of rented homes. SB 450 bars any demolition or alteration of a home that was previously rented; the town's current rules allow removing up to 49% of a home's structural walls before it counts as demolition.
- Older homes no longer automatically exempt. Properties in the town's historic districts and individually designated historic sites stay off-limits, but pre-1941 houses not adopted as historic by ordinance would no longer be excluded.
- Separate permits for unrelated work. A two-home application could cover only work tied to the new unit; a backyard sports court or lawn grading would need its own permit.
Staff also wants to replace references to "SB 9" in the code with the Government Code sections, since bill numbers can be reused.
The staff report says outreach went out on the town website and social media and by email to local architects and designers, and that no public comments had come in when the report was published Oct. 9.
Sources
mccmeetings.blob.core.usgovcloudapi.net
losgatosca.gov
