04 Staff Report.ADU Ordinance Second Reading
PREPARED 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: 11/21/2023 ITEM NO: 4
DATE: November 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt 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Regarding Accessory Dwelling Units and Correcting Outdated References in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:
Adopt 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Units and Correcting Outdated References in Town Code Sections Pertaining to Termination of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” (Attachment 1).
DISCUSSION:
On November 7, 2023, the Town Council considered and voted unanimously to introduce an
Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding accessory
dwelling units with specific modifications. Adoption of the attached Ordinance (Attachment 1)
would finalize this decision and includes the modifications requested by the Town Council
described below.
PAGE 2 of 4 SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: November 16, 2023
DISCUSSION (continued):
The Town Council motion included a specific modification to not accept the recommendation of
the Planning Commission to eliminate parking requirements for accessory dwelling units
altogether and to revise the Ordinance to reinstate the parking regulations to Section 29.10.320
(f) as presented to the Planning Commission on September 13, 2023. The parking regulations
have been reinstated in the Draft Ordinance included as Attachment 1 and are provided below.
As indicated in the September 13, 2023 Planning Commission staff report, the parking
regulations in the Draft Ordinance remain largely unchanged from the current Town Code.
Some reorganization has occurred to group all exceptions together.
(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.
PAGE 3 of 4 SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: November 16, 2023
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 accessory dwelling units and junior accessory
dwelling units.
Attachment:
1. Draft Ordinance
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