21 Attachment 4 - September 13, 2023 Planning Commission AddendumPREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 09/13/2023 ITEM NO: 3 ADDENDUM
DATE: September 12, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter
29 (Zoning Regulations) of the Town Code Regarding Accessory Dwelling
Units. The Proposed Amendments Also Correct Outdated References to
Sections of the Town Code Included in Sections Pertaining to Termination of
Nonconforming Use Status, Requirements for a Two-Unit Development
Under Senate Bill 9 (SB 9), and Civil Penalties. The Environmental Impacts of
the Proposed Amendments to the Town Code were Analyzed in the
Environmental Impact Report for the 2040 General Plan. Additionally, the
Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3).
Town Code Amendment Application A-23-002. Project Location: Town Wide.
Applicant: Town of Los Gatos.
REMARKS:
Staff reviewed additional guidance from HCD related to ADU setback requirements and
recommends the following revisions to the Draft Ordinance:
Section 29.10.325.
Table 1-2. Accessory Dwelling Unit Setback Requirements.
The revised table, included on the following page, clarifies that new attached ADUs within the
proposed space of the primary dwelling are subject to the following:
•Side and rear setbacks of no more than four feet;
•The front setback required by the zone; and
•Front setback requirements cannot preclude construction of an 800 square-foot ADU.
ATTACHMENT 4
PAGE 2 of 2 SUBJECT: ADU Ordinance Amendments DATE: September 12, 2023
REMARKS (continued):
Table 1-2. Accessory Dwelling Unit Setback Requirements(1)
Single-Family Multi-Family
New
construction
detached
ADU
New
attached
ADU within
the existing
space of
the
primary
dwelling(2)
or
accessory
structure
New
attached
ADU within
the proposed
space of the
primary
dwelling
New
construction
detached
ADU
Conversion
of portions
existing
multi-
family
dwelling
not used as
livable
space(3)
Conversion of
existing
accessory
structure(s)
Front Per the
applicable
zoning
district(4)
N/A
Per the
applicable
zoning
district(4)
Per the
applicable
zoning
district
N/A N/A Rear 4 feet
minimum Sufficient
for fire and
safety
4 feet
minimum
4 feet
minimum
Side
(including
street-side)
4 feet
minimum
4 feet
minimum
4 feet
minimum
From any
other
structure
located on
the same
lot(5)
5 feet
minimum
N/A 5 feet
minimum
5 feet
minimum
N/A N/A
(1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys, or other similar architectural
features may extend into required setbacks as specified in Section 29.40.070 (b) of the Zoning Code.
(2) Includes attached garages.
(3) Such as storage rooms, boiler rooms, passageways, attics, basements, or garages.
(4) Front setback requirements shall not preclude construction of an 800 square-foot accessory dwelling
unit.
(5) Measured from the exterior wall surface and/or supporting posts.