Article 15

Objective Standards for Qualified Senate Bill 9 Lot Splits and Development Projects

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 semirural 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 65852.21 and 66411.7. (§ 2, Ord. 610, eff. October 28, 2023)

For purposes of this article, the following definitions apply:

Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit as defined by Section 10-1.1402 of this Code.

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 rightof-way, ingress-egress easement, or public or private easement; or (3) is separated from another parcel only by other real property which is in common ownership or control of the same owner or development project applicant

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.

Dwelling unit or dwelling means an ADU, a JADU, a primary dwelling, and an SB 9 unit, as applicable.

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.

Junior accessory dwelling unit or JADU , or efficiency unit means a dwelling unit as defined by Section 10-1.1402 of this Code.

Panhandle means the portion of a lot which connects the buildable section of the lot to a public or private vehicular right-of-way.

Pathway means designated pedestrian, equestrian, and/or bicycle routes as shown on the Pathway Master Plan of the Town.

Primary dwelling means a building as defined in Section 10-1.202 and is reviewed and entitled as a single-family residence pursuant to the provisions of Article 3, Chapter 2 of Title 10 of this Code.

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Town of Los Altos Hills, CA § 10-1.1502

LOS ALTOS HILLS CODE

§ 10-1.1503

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.

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.

SB 9 lot means single-family residential lots created from an SB 9 lot split.

SB 9 lot split means a subdivision of an existing parcel to create up to two new parcels using the provision in this article, Article 16 of Chapter 1 of Title 9 of this Code, and the provisions identified in California Government Code Sections 65852.21 and 66411.7. (§ 2, Ord. 610, eff. October 28, 2023)

Any parcel within the Residential-Agricultural (R-A) zoning district meeting the requirements 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.

  • (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

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Town of Los Altos Hills, CA § 10-1.1503

ZONING AND SITE DEVELOPMENT

§ 10-1.1503

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. Section 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.

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 one 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, an 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 is 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 floodplain 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.

• (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.

• (l) Any parcel containing habitat for protected species identified as candidate, sensitive, or

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Town of Los Altos Hills, CA § 10-1.1503

LOS ALTOS HILLS CODE

§ 10-1.1504

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. Section 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). (§ 2, Ord. 610, eff. October 28, 2023)

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% 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 900 square feet in floor area. All such waivers made by the Community Development Director shall be final.

• (c) No more than two 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 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 Figures 1, 2, and 3, unless the new driveways are a minimum of 100 feet apart. No more than one driveway cut is permitted for each parcel.

==> picture [359 x 77] intentionally omitted <==

• (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.

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Town of Los Altos Hills, CA § 10-1.1504

ZONING AND SITE DEVELOPMENT

§ 10-1.1505

• (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.

• (j) 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 predemolition 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.

• (l) 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.

• (§ 2, Ord. 610, eff. October 28, 2023)

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:

    • (i) A primary dwelling and an SB 9 unit (or two SB 9 units);

    • (ii) ADU as provided by Article 14 of Title 10 of this Code; and

    • (iii) 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:

    • (i) 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

    • (ii) Up to two SB 9 units.

  • (3) No ADUs and JADUs are permitted.

• (b) Unit Size and Construction. The maximum size and development area for one SB 9 unit shall be 900 square feet with a maximum height of 16 feet. The maximum development

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Town of Los Altos Hills, CA § 10-1.1505

LOS ALTOS HILLS CODE

§ 10-1.1505

area (MDA) permitted on an SB 9 lot shall be the maximum floor area (MFA) plus an additional 2,100 square feet.

For any vacant SB 9 lot with an MFA of less than 1,800 square feet, the parcel shall be allowed to construct up to two SB units with a maximum size of 900 square feet and a height of 16 feet each. For an SB 9 lot with one existing residence exceeding the MFA of the parcel, 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, 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 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 10-1.1504(j).

• (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 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 30%.

• (e) Required Parking. One on-site parking space is required per SB 9 unit as follows:

  • (1) The parking space may be covered or uncovered and shall be at least 10 feet wide by 20 feet deep.

  • (2) The space may be 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:

    • (i) 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

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Town of Los Altos Hills, CA § 10-1.1505

ZONING AND SITE DEVELOPMENT

§ 10-1.1505

the Public Resources Code.

  - (ii) 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:

  • (1) For a heritage oak tree between 12 and 18 inches in trunk diameter: replacement of two 24 inch box California native oak trees.

  • (2) For a heritage oak tree between 18 and 24 inches in trunk diameter: replacement of three 24 inch box California native oak trees.

  • (3) For a heritage oak tree greater than 24 inches in trunk diameter: replacement of four 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 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 25 foot 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 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:

space easement providing at least a 25 foot 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 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.

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 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 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 2,000 square feet or the maximum floor area of the lot minus 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 3,000 square feet or the maximum floor area of the lot minus 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 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

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Town of Los Altos Hills, CA § 10-1.1505

LOS ALTOS HILLS CODE

§ 10-1.1505

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 10 feet wide by 20 feet deep. No more than seven parking spaces shall be required on one lot.

==> picture [377 x 117] intentionally omitted <==

----- Start of picture text -----
Floor Area Number Forms Setbacks
Under 1,000 square feet 1 uncovered Permitted in the setback areas
1,000 to 1,600 square feet 2 uncovered One space may be located in
the setback areas; all other
1,600 to 2,400 square feet 3 uncovered
spaces shall be outside the
2,400 to 3,000 square feet 4 2 covered 40-foot front and 30-foot rear
and side setbacks
2 uncovered
----- End of picture text -----

• (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, including, but not limited to, a driveway or ingress-egress easement, public utility easements, areas for septic systems, and within 25 feet 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 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.

• (l) 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 (l).

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Town of Los Altos Hills, CA § 10-1.1505

ZONING AND SITE DEVELOPMENT

§ 10-1.1506

• (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 900 square feet in floor area. All such waivers made by the Community Development Director shall be final.

• (§ 2, Ord. 610, eff. October 28, 2023)

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:

==> picture [401 x 98] intentionally omitted <==

----- Start of picture text -----
Cut Fill
House and Garage 8′ 3′
Driveway 10′ 5′
Fire Truck Turnaround 7′ 5′
Patio and Yards 4′ 3′
----- End of picture text -----

• (c) No site grading shall be permitted within 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; or for the construction of an SB 9 unit within five 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 above the existing grade, to ensure that structures step with the slope. Supported decks shall not exceed three feet above adjoining grade except where located within six feet of an exterior wall of a building.

• (e) For detached units proposed or expanded to be greater than 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 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

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Town of Los Altos Hills, CA § 10-1.1506

LOS ALTOS HILLS CODE

§ 10-1.1506

receptacles, above-ground backflow preventer valves and temporary construction equipment shall be located at least 10 feet away from any property line. Operable doors shall not be located within 10 feet of the property line.

• (i) No exterior entrance shall face the rear or side property lines if the distance is less than 30 feet between the entrance and the property line that the entrance faces.

• (j) Windows shall not occupy more than 33% of any façade 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 10 feet. However, privacy glass shall not be required if a window is situated six 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 (LRV) 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.

• (l) 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:

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----- Start of picture text -----
Maximum Light Maximum Color
Emission Temperature
(Lumens, Φv) (Kelvin, K)
Path Lights 200 2700
Step Lights 110 2700
Exterior Wall Scones 600 3000
Recessed Ceiling Lights 600 3000
Pendant Lights 600 3000
Gate Lights 600 3000
Temporary Construction 500 3000
Lighting
----- End of picture text -----

• (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 openings 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

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Town of Los Altos Hills, CA § 10-1.1506

ZONING AND SITE DEVELOPMENT

§ 10-1.1506

the interior light emission to pass through to the outside.

• (q) Notwithstanding subsection (l) 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 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 12 inches or greater to be preserved.

• (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 feet in height, shall be planted and maintained inside the parcel line (and outside of any recorded easement area) at six foot intervals adjacent to the wall of the SB 9 dwelling unit located closer than 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 remain in existence and continue to be adequately maintained. The deposit shall be applied towards remedying insufficient or removed landscape screening or water usage greater than the annual usage 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

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Town of Los Altos Hills, CA § 10-1.1506

LOS ALTOS HILLS CODE

§ 10-1.1507

well with dimensions of three feet by nine feet, extending maximum three feet from the exterior wall, and meeting the requirements for ingress and egress under the California Building Code (CBC) or California Residential Code (CRA).

• (y) Notwithstanding the foregoing subsections, any development or design standards, except for requirements of any provisions 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 preclude an SB 9 dwelling unit from being 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.

• (§ 2, Ord. 610, eff. October 28, 2023)

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.

(§ 2, Ord. 610, eff. October 28, 2023)

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Town of Los Altos Hills, CA § 10-2.101

ZONING AND SITE DEVELOPMENT

§ 10-1.1507