02 Staff Report.Minutes
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2023 ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, November 7, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing
teleconferencing means on Tuesday, November 7, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes,
Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Girl Scout Troup 60879 led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss the
Annual Town Manager and Town Attorney performance evaluations and potential litigation,
and stated there was no reportable action taken under the Brown Act.
COUNCIL/TOWN MANAGER REPORTS Council Matters
- Council Member Rennie stated he attended the Los Gatos-Monte Sereno Police
Foundation recognition luncheon, the Silicon Valley Clean Energy Authority (SVCEA)
Executive Committee meeting, a SVCEA Risk Oversight Committee meeting, and a Valley
Transportation Authority (VTA) Board meeting.
- Council Member Moore acknowledged it was election night for some jurisdictions; stated
he attended a Belwood community meeting; participated in a ride along with the Los
Gatos-Monte Sereno Police Department; met with Governor Gavin Newsom’s senior
advisor on homelessness; attended a poetry reading at the Library for Native American
Heritage Month by San Francisco’s Poet Laureate Kim Shuck and Los Gatos’s Poet Laureate
Jen Siraganian; shopped at Domus and Butter Paddle and encouraged all to shop local for
the holidays; and announced Council Member Community Coffee will be held on Friday.
- Council Member Hudes stated he met with the Director of Live Oak Nutrition and also
with the Older Adults Thrive Foundation; attended a Bay Area Housing Corporation
fundraising event at Campo Di Bocce; met with residents from the Belgatos
neighborhood; and attended a free speech event commemorating and remembering
those who have been kidnapped in the conflict between Israel and Hamas.
- Vice Mayor Badame stated she attended the Los Gatos-Monte Sereno Police Foundation
recognition luncheon, a Community Health and Senior Services Commission (CHSSC)
PAGE 2 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
meeting, and the Halloween festivities in the Almond Grove neighborhood; met with the
Executive Director of the West Valley Solid Waste Management Authority (WVSWMA);
and attended a WVSWMA Board meeting and a West Valley Clean Water Authority
(WVCWA) Board meeting.
- Mayor Ristow stated she attended many meetings including Los Gatos-Monte Sereno
Police Foundation luncheon, a West Valley Mayors and Managers meeting, a ribbon
cutting for Parkside restaurant, a Bay Area Housing Corporation fundraising event at
Campo Di Bocce, and the Eden Housing 55th Anniversary Celebration; met with
Supervisor Simitian and members of the faith-based community; attended the YWCA
33rd Annual Inspire Luncheon, a Santa Clara Valley Cities Mayors meeting in
partnership with the US Conference of Mayors, and a tree dedication on the campus of
the United Methodist Church; met with residents to discuss a variety of topics; and
attended ribbon cuttings including the opening of the second campus for Stratford
School.
Manager Matters
- Announced the recruitment period for Boards and Commission closes Friday at 4:00 p.m.,
and application details can be found on the Town’s website.
- Announced the Planning Commission will hold a special meeting on November 15 to
discuss the Housing Element.
- Announced the Winter Celebration will be held on Friday, December 1st at Town Plaza
Park.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Council Study Session Meeting Minutes of October 10, 2023.
2. Approve the Closed Session Council Meeting Minutes of October 17, 2023.
3. Approve the Council Meeting Minutes of October 17, 2023.
4. Approve the Closed Session Town Council Meeting Minutes of October 30, 2023.
5. Authorize Revenue and Expenditure Budget Adjustments in the Total Amount of $19,672 to
Recognize Receipt and Expenditure of Grant Funding Received by the Library.
6. Adopt an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning
Code from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square
feet) to CH (Restricted Commercial Highway) for Property Located at 15810 Los Gatos
Boulevard.” APN: 523-01-001. An Environmental Impact Report (EIR) was Prepared and
Certified for the 2040 General Plan Update on June 30, 2022, Which Included the Proposed
General Plan Amendment for the Property Located at 15810 Los Gatos Boulevard. No
Further Environmental Analysis is Required. Zone Change Application Z-23-001. PROPERTY
OWNER/APPLICANT: Jesus Ching and Kathleen Ban. PROJECT PLANNER: Jocelyn
Shoopman. ORDINANCE 2345
7. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement
Service Fund (SLESF). RESOLUTION 2023-058
8. Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements
by Chang 2003 Family Trust for the Subdivision Located at 16940 Roberts Road and
PAGE 3 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Authorizing the Town Manager to Execute and Record a Notice of Completion and
Certificate of Acceptance. RESOLUTION 0223-059
9. Adopt a Resolution Approving Changes to the Town’s Comprehensive Fine Schedule
Amending the Fines for Violations of the E-Bike Ordinance and Tobacco Retailing Ordinance
and Correcting Outdated References to Town Code Sections for Other Violations.
RESOLUTION 2023-060
10. Adopt a Resolution to Seek Membership in the American Association of Retired People
(AARP) Network of Age-Friendly Communities. RESOLUTION 2023-061
11. Authorize the Town Manager to Execute an Updated Agreement Between the Town of Los
Gatos and the County of Santa Clara for Administration of the Town’s Tobacco Retail
Permit Program.
12. Approve a Side Letter of Agreement Between the Town of Los Gatos and the Town
Employee Association (TEA) to establish a “Retention and Recruitment Bonus” for Dispatch
Classifications Beginning July 9, 2023 and Ending June 30, 2024, Authorize the Town
Manager to Execute the Side Letter, and Authorize a FY 2023/24 Expenditure Budget
Adjustment in the Amount of $103,100 from the Capital/Special Projects Reserve.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
MOTION: Motion by Council Member Rennie to approve the consent items consisting of item
one through twelve and noted that it includes the revised resolution for Item #10
that was distributed with the desk item. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Joseph Enz
- Commented in support of the Police Department and expressed concerns with a couple of
Officers.
Lee Fagot
- Commented on the 100th anniversary of the Christmas Tree in Town Plaza Park.
Aubrie Mastrangelo, Division Director of Mental Health Services, Bill Wilson Center
- Commented on Runaway and Homeless Youth Prevention Month and the services the Center
provides.
PAGE 4 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Lynley
- Commented on concerns with democracy, comments by others about Hamas, and the
unhoused.
PUBLIC HEARINGS
13. Adopt an Enabling Resolution to Change the Name of the Parks Commission to the Parks
and Sustainability Commission and Add Appropriate Powers and Duties and Rescind
Resolution 2016-057; and Introduce an Ordinance Titled “An Ordinance of the Town Council
of the Town of Los Gatos Amending Town Code Section 19.20.010, ‘Parks and Recreation –
Created’ and Section 26.10.070, ‘Trees and Shrubs – Appeals’ to Update Reference to Parks
Commission to Parks and Sustainability Commission.” RESOLUTION 2023-062
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to approve the resolution and add to the
resolution a definition of sustainability as “meets the needs of the present without
compromising the ability of future generations to meet their own needs” and
introduce the ordinance titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending Town Code Section 19.20.010, ‘Parks and Recreation – Created’
and Section 26.10.070, ‘Trees and Shrubs – Appeals’ to Update Reference to Parks
Commission to Parks and Sustainability Commission.” Seconded by Council Member
Moore.
VOTE: Motion passed unanimously.
OTHER BUSINESS
14. Discuss and Provide Any Requested Modifications to the Proposed Joint Powers Agreement
(JPA) to Create the Cities Association of Santa Clara County Joint Powers Agency.
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Ristow opened public comment.
Larry Klein, Mayor of Sunnyvale
- Commented on the process of moving to a Joint Powers Authority and discussed the
benefits of joining the association.
PAGE 5 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to approve the proposed Joint Powers
Association (JPA) agreement to create the Cities Association of Santa Clara County
Joint Powers Agency and authorize the Town Manager to execute the agreement.
Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
15. Hear Protests and Adopt a Resolution Making Determinations and Approving the
Reorganization of an Uninhabited Area Designated as Los Gatos Boulevard No. 20,
Approximately 0.521 Acres on Property Pre-Zoned R-1:8. APN 523-01-001. Annexation
Application AN22-001. Project Location: 15810 Los Gatos Boulevard. Property
Owner/Applicant: Jesus Ching and Kathleen Ban. RESOLUTION 2023-063
Jocelyn Shoopman, Associate Planner, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Badame to adopt a resolution (Attachment 1 of the staff
report) making determinations and approving the reorganization of an uninhabited
area designated as Los Gatos Boulevard No. 20, approximately 0.521 acres, located
at 15810 Los Gatos Boulevard (APN 523-01-001). Seconded by Council Member
Moore.
VOTE: Motion passed unanimously.
16. Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend
the General Plan to Include a Description of the Housing Element Overlay Zone and
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 to Replace the Affordable
Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’
With the Housing Element Overlay Zone As Division 5 of Article VIII, ‘Overlay Zones and
Historic Preservation.’” An Environmental Impact Report (EIR) was Prepared and Certified
for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General
PAGE 6 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Plan and Town Code Amendments. No further Environmental Analysis is Required. Zoning
Code Amendment Application Z-23-002 and General Plan Amendment Application GP-23-
002. Applicant: Town of Los Gatos. Project Planners: Jocelyn Shoopman and Erin Walters.
RESOLUTION 2023-064 and ORDINANCE 2347
Jocelyn Shoopman, Associate Planner, presented the staff report.
Mayor Ristow opened public comment.
Lee Quintana
- Requested clarification on the zoning and development requirements.
Lee Fagot
- Commented that his remarks pertained to multiple items on the agenda, including concerns
with the housing sites buffer, overbuilding in the proposed areas, and builder’s remedy.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to approve a recommendation of the Planning
Commission to adopt a Resolution to amend the General Plan to include a
description of the Housing Element Overlay Zone and 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 to replace the Affordable Housing Overlay
Zone Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’ with the
Housing Element Overlay Zone as Division 5 of Article VIII, ‘Overlay Zones and
Historic Preservation’” as revised in the desk items. Seconded by Council Member
Moore.
VOTE: Motion passed 4-0-1. Vice Mayor Badame abstained.
17. Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend
the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel
Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial;
Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685
Oka Road from Low Density Residential to Medium Density Residential; and Introduce an
Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from
R-1:8 (Single-Family Residential) to R-M (Multiple-Family Residential) for a Caltrans Right-
of-Way Property Located Adjacent to 14685 Oka Road; and Apply the Housing Element
Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area
Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the
Sites Inventory Analysis of the 2023-2031 Housing Element: APN’s 424-06-116, 424-07-116,
PAGE 7 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-074, and 532-07-085; 620 and
14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton
Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445
Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849,
14859, 14917, 14925, 15795, 16151, 16203, and 16492 Los Gatos Boulevard; 165 Los Gatos
Saratoga Road; and 14800 and 14840 Oka Road.” An Environmental Impact Report (EIR)
was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which
Included the Proposed General Plan and Zoning Code Amendments. No further
Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and
General Plan Amendment Application GP-23-003. Applicant: Town of Los Gatos.
RESOLUTION 2023-065 and ORDINANCE 2348
Erin Walters, Associate Planner, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to adopt the staff recommendation as contained
in the Item #17 staff report [approve a recommendation of the Planning Commission
to adopt a Resolution to amend the General Plan Land Use Designation of 16492 Los
Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density
Residential to Neighborhood Commercial; amend the General Plan Land Use
Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density
Residential to Medium Density Residential; and introduce an Ordinance titled “An
Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single-
Family Residential) to R-M (Multiple-Family Residential) for a Caltrans Right-of-Way
Property Located Adjacent to 14685 Oka Road; and Apply the Housing Element
Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor
Area Ratio, and Lot Coverage for Residential Development on the Following Sites
Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: APN’s
424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-
074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245,
16250, 16260, 16270, and 16392 Burton Road; Cal Trans Right-of-Way Adjacent to
14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos
Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925,
15795, 16151, 16203, and 16492 Los Gatos Boulevard; 165 Los Gatos Saratoga Road;
and 14800 and 14840 Oka Road”] with the addition of the information in the desk
item and the addendum. Seconded by Council Member Rennie.
PAGE 8 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
VOTE: Motion passed 3-1-1. Council Member Hudes voted no. Vice Mayor Badame
abstained.
Vice Mayor Badame announced she will recuse herself from Item #18 due to the location of her
residence within 1,000 feet of the proposed sites and left the Council Chambers.
Mayor Ristow called a recess at 9:30 p.m.
The meeting reconvened at 9:43 p.m.
18. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled
“An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element
Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area
Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the
Site Inventory Analysis of the 2023-2031 Housing Element: 401 through 409 Alberto Way,
50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.” An Environmental Impact
Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022,
which Included the Proposed Zoning Code Amendments. No further Environmental Analysis
is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.
ORDINANCE 2349
Erin Walters, Associate Planner, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to accept the rezoning of the two properties by
approving the recommendation listed in the Item #18 staff report [approve a
recommendation of the Planning Commission to introduce an ordinance titled “An
Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing
Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density,
Height, Floor Area Ratio, and Lot Coverage for Residential Development on the
Following Sites Included in the Site Inventory Analysis of the 2023-2031 Housing
Element: 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001,
and 529-24-003.”] Seconded by Council Member Moore.
VOTE: Motion passed 3-1-1. Council Member Hudes voted no. Vice Mayor Badame
recused.
PAGE 9 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Vice Mayor Badame returned to the Council Chambers.
Council Member Moore announced he will recuse himself from Item #19 due to the location of
his residence to the proposed sites and left the Council Chambers.
19. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled
“An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element
Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area
Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the
Sites Inventory Analysis of the 2023-2031 Housing Element: 15300, 15349, 15367, 15405,
15425, 15480, and 15500 Los Gatos Boulevard.” An Environmental Impact Report was
Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included
the Proposed Zoning Code Amendments. No further Environmental Analysis is Required.
Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos. ORDINANCE
2350
Erin Walters, Associate Planner, presented the staff report.
Mayor Ristow opened public comment.
Lee Quintana
- Commented on approving all of the HEOZ items.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to approve the staff recommendation listed in
the Item 19 staff report [approve a recommendation of the Planning Commission to
introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los
Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to
the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential
Development on the Following Sites Included in the Sites Inventory Analysis of the
2023-2031 Housing Element: 15300, 15349, 15367, 15405, 15425, 15480, and 15500
Los Gatos Boulevard.”] Seconded by Mayor Ristow.
VOTE: Motion passed 3-0-1-1. Vice Mayor Badame abstained. Council Member Moore
recused.
Council Member Moore returned to the Council Chambers.
PAGE 10 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Mayor Ristow announced she will recuse herself from Item #20 due to the location of her
residence to the proposed sites, handed the gavel over to the Vice Mayor to preside over the
meeting in her absence, and left the Council Chambers.
20. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled
“An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element
Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area
Ratio, and Lot Coverage for Residential Development on the Following Site Included in the
Sites Inventory Analysis of the 2023-2031 Housing Element: 101 South Santa Cruz Avenue.”
An Environmental Impact Report was Prepared and Certified for the 2040 General Plan
Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No
further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003.
Applicant: Town of Los Gatos.
Erin Walters, Associate Planner, presented the staff report.
Vice Mayor Badame opened public comment.
No one spoke.
Vice Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to delay the rezoning of this item to a time in
which there is more certainty that it will be needed in order to certify the Housing
Element. Seconded by Council Member Hudes.
VOTE: Motion passed 3-1-1. Council Member Moore voted no. Mayor Ristow recused.
Mayor Ristow returned to the Council Chambers.
21. 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. ORDINANCE 2351
Sean Mullin, Senior Planner, presented the staff report.
PAGE 11 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Mayor Ristow opened public comment.
Lee Quintana
- Requested the changes in the Ordinance be summarized and requested a clarification on
second story Accessory Dwelling Units (ADUs).
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to accept staff’s recommendation listed in the
Item 21 staff report [to 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” as contained in Attachment 1 of the staff report]. Seconded by Council
Member Moore.
VOTE: Motion failed 2-3. Council Member Hudes, Vice Mayor Badame, and Mayor Ristow
voted no.
MOTION: Motion by Council Member Ristow to introduce an ordinance with the Planning
Commission’s and staff’s recommendations, (Attachment 1 to the staff report) with
an amendment to the ordinance to replace the language for no parking requirement
with the parking requirements language that was proposed to the Planning
Commission. [Remove Sec. 29.10.320 (f) “Parking. No parking shall be required for a
new accessory dwelling unit and/or junior accessory dwelling unit.” Add Sec.
29.10.320 (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
PAGE 12 OF 12 SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
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.”] Seconded by Council Member Hudes.
VOTE: Motion 4-1. Council Member Rennie voted no.
ADJOURNMENT
The meeting adjourned at 11:14 p.m.
Respectfully Submitted:
Jenna De Long, Deputy Town Clerk