21 Staff Report.ADU OrdinancePREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development
Department Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023 ITEM NO: 21
DATE: October 12, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the
Town of Los Gatos Amending Chapter 29 ‘Zoning Regulations,’ of the Town
Code Regarding Accessory Dwelling Units and Correcting Outdated
References in Town Code 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.
RECOMMENDATION:
Introduce an Ordinance, by title only, titled “An Ordinance of the Town Council of the Town of
Los Gatos Amending Chapter 29 ‘Zoning Regulations,’ of the Town Code Regarding Accessory
Dwelling Units and Correcting Outdated References in Town Code Sections Pertaining to
Termination of Nonconforming Use Status, Requirements for a Two-Unit Development Under
Senate Bill 9 (SB 9), and Civil Penalties” (Attachment 1).
BACKGROUND:
In 2016, the Governor signed several bills intended to address the State’s housing crisis by
creating new housing opportunities through accessory dwelling units (ADU) and junior
accessory dwelling units (JADU). Through 2022, the Governor continued to sign additional bills
into law that further streamlined the permitting process for ADUs and JADUs. As a result, the
Town updated the Town Code regarding ADUs/JADUs in 2017 and 2020 to comply with updated
State laws.
PAGE 2 of 6 SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
BACKGROUND (continued):
Since the current ADU/JADU regulations have been in place, additional bills have been signed
into law and the Town has received clarification from the California Department of Housing and
Community Development (HCD) on specific aspects of the Town’s ADU/JADU regulations.
Additionally, staff has received feedback from Town residents regarding privacy impacts caused
by new ADUs on neighboring properties.
In September 2022, the Governor signed Senate Bill (SB) 897 and Assembly Bill (AB) 2221, which
made substantial changes in the development standards applicable to ADUs, including height,
front yard setbacks, owner-occupancy, permit review time limits, and fire sprinklers
(Attachment 3, Exhibits 3 and 4). The new State ADU/JADU regulations took effect on January
1, 2023. Local ordinances that do not wholly conform to the new State regulations (Attachment
3, Exhibit 5) are superseded until conforming local ordinances are adopted.
Through an audit of the Town’s current ADU Ordinance (Attachment 3, Exhibit 6) against the
applicable sections of the CA Government Code (Attachment 3, Exhibit 5), staff determined that
a complete overhaul of the Town’s ADU regulations is necessary. The Draft Ordinance, included
as Attachment 1, would align the Town’s regulations with State law, respond to HCD feedback,
introduce objective design standards, and address privacy impacts created by construction of
new ADUs and JADUs.
On September 13, 2023, the Planning Commission considered the draft ADU Ordinance
amendments, staff report (Attachment 3), and addendum (Attachment 4). The Planning
Commission received and considered public comments on the Draft Ordinance, reviewed the
proposed changes, and recommended approval to Town Council with the recommendation that
parking requirements for all ADUs be eliminated as reflected in the verbatim minutes
(Attachment 5) and summarized below.
DISCUSSION:
While the Draft Ordinance has mostly new provisions, the existing regulations have been
carried forward, when possible. Attachment 6 shows existing language carried forward
(highlighted in green), with a reference to where the existing language can be found in the
Draft Ordinance (highlighted in yellow). The Planning Commission staff report (Attachment 3)
provides a detailed section-by-section discussion of the Draft Ordinance and provides staff’s
assessment of the existing regulations and how and why they are modified under the Draft
Ordinance. Below is a discussion of the additional modifications made to the Draft Ordinance
in response to the Planning Commission’s recommendation and additional consideration by
staff.
PAGE 3 of 6 SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
DISCUSSION (continued):
Sec. 29.10.320. General requirements and restrictions.
Parking: The Planning Commission recommended that parking requirements be eliminated for
all ADUs and JADUs. The following language has been removed from the Draft Ordinance:
(f) Parking. One (1) parking space per accessory dwelling unit or per bedroom, whichever is
less, shall be provided in addition to the required minimum number of parking spaces for
the primary dwelling. These spaces may be provided in a front or side setback abutting a
street on a driveway (provided that it is feasible based on specific site or fire and life safety
conditions) or through tandem parking. In addition to parking otherwise required for units
as set forth in section 29.10.150 of the Town Code, the number of off-street parking spaces
required by this Chapter for the primary dwelling shall be provided prior to the issuance of a
Building Permit or final inspection, for a new accessory dwelling unit.
(1) Exceptions. No parking space shall be required under any of the following conditions:
a. No additional parking shall be required for a junior accessory dwelling unit.
b. The accessory dwelling unit is located within one-half mile walking distance of
public transit.
c. The accessory dwelling unit is located within an architecturally and historically
significant historic district.
d. The accessory dwelling unit is contained within the proposed or existing space of,
or constructed in substantially the same location and manner as, an existing
primary dwelling or accessory structure.
e. When on-street parking permits are required but not offered to the occupant of
the accessory dwelling unit.
f. When there is a car share vehicle (as defined by the California Vehicle Code)
located within one (1) block of the accessory dwelling unit.
g. When a permit application for an accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling or multi-family dwelling
on the same lot.
h. When a garage is demolished in conjunction with the construction of an accessory
dwelling unit, or converted to an accessory dwelling unit, any lost off-street
parking spaces required for the primary dwelling shall not be required to be
replaced.
i. When the Director finds that the lot does not have adequate area to provide
parking.
The language above has been replaced in the Draft Ordinance with the following, reflecting the
Planning Commission’s recommendation:
PAGE 4 of 6 SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
DISCUSSION (continued):
(f) Parking. No parking shall be required for a new accessory dwelling unit and/or junior
accessory dwelling unit.
Design standards: The purposes of the objective design standards that are included in the Draft
Ordinance are to ensure that the residential appearance of a property is maintained, protect
the privacy of neighbors, and require that an ADU and/or JADU is compatible with the primary
dwelling and the neighborhood. Upon further consideration after the Planning Commission
hearing, staff recommends that the Council include the following additional objective design
standards below to better achieve the purpose of maintaining the residential appearance of the
property.
1. Outside stairways. Outside stairways serving a second-story accessory dwelling unit and/or
junior accessory dwelling unit shall not be constructed on any building elevation facing a
street. This standard shall not preclude construction of an 800 square-foot accessory
dwelling unit.
2. Detached and/or attached accessory dwelling units. A detached and/or attached accessory
dwelling unit shall match the existing architectural style of the primary dwelling by using the
same exterior wall material, wainscot, trim material, roofing material, and window
frames/trim as the primary dwelling. An exception to this requirement may be granted
pursuant to the requirements of the California Code of Regulations, Title 24.
3. Attached garage conversion. An existing attached garage that is converted to an accessory
dwelling unit and/or junior accessory dwelling unit shall include removal of the vehicle
garage door(s), which shall be replaced with architectural features to match those of the
primary dwelling by using the same exterior wall material, wainscot, trim material, roofing
material, and window frames/trim as the primary dwelling to remove any appearance that
the structure was originally a garage.
4. Detached garage conversion. An existing detached garage that is converted to an accessory
dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced
with architectural features to match the remaining portions of the detached structure by
using the same exterior wall material, wainscot, trim material, roofing material, and window
frames/trim that remove any appearance that the structure was originally a garage.
Staff has incorporated the additional recommended objective design standards into the Draft
Ordinance included as Attachment 1. If the Council would not like to include them, a separate
Draft Ordinance has been prepared without the additional recommended objective design
standards included as Attachment 2.
PAGE 5 of 6 SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
PUBLIC OUTREACH:
Staff conducted outreach through the following media and social media resources, as well as
direct communication with stakeholders as summarized below:
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account;
• The Town’s NextDoor page; and
• Direct email communication to local architects and designers.
At the time of this report’s preparation, the Town has not received any public comment.
ENVIRONMENTAL ASSESSMENT:
The environmental impacts of the proposed amendments to the Town Code were analyzed in
the Environmental Impact Report for the 2040 General Plan. In addition, the Proposed
Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with
certainty that they will not significantly affect the physical environment in that they make
minor changes to the regulations applicable to ADUs and JADUs.
CONCLUSION:
Staff recommends that the Town Council introduce the ordinance with the Planning
Commission’s and staffs’ recommendations by taking the following steps:
1. Make the finding that the environmental impacts of the proposed amendments to the Town
Code were analyzed in the Environmental Impact Report for the 2040 General Plan. In
addition, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3),
because it can be seen with certainty that they will not significantly affect the physical
environment in that they make minor changes to the regulations applicable to accessory
dwelling units and junior accessory dwelling units (Attachment 1, Section VI);
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Attachment 1, Section VII); and
3. Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only,
amending 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
(Attachment 1).
PAGE 6 of 6 SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: October 12, 2023
ALTERNATIVES:
Alternatively, the Town Council may:
1. Introduce the ordinance with the Planning Commission’s recommendations and without
staffs’ recommendations by taking the following steps:
a. Make the finding that the environmental impacts of the proposed amendments to the
Town Code were analyzed in the Environmental Impact Report for the 2040 General
Plan. In addition, the Proposed Amendments are Exempt Pursuant to CEQA, Section
15061(b)(3), because it can be seen with certainty that they will not significantly affect
the physical environment in that they make minor changes to the regulations applicable
to accessory dwelling units and junior accessory dwelling units (Attachment 2, Section
VI);
b. Make the required finding that the amendments to Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Attachment 2, Section VII); and
c. Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only,
amending 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 (Attachment 2); or
2. Continue this item to a date certain with specific direction to staff;
3. Refer this item back to the Planning Commission with specific direction; or
4. Take no action, leaving the Town Code unchanged.
Attachments:
1. Draft Ordinance including Planning Commission and staff recommendations
2. Draft Ordinance including Planning Commission recommendations only
3. September 13, 2023 Planning Commission Staff Report (with Exhibits 1-8)
4. September 13, 2023 Planning Commission Addendum
5. September 13, 2023 Planning Commission Verbatim Minutes
6. Updated Disposition of Current Ordinance