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Item 24 Staff Report Adopt Ordinance Amending the Town Code to Allow the Demolition, Conversion, or Removal of Approved Secondary Dwelling Units and the Transfer of Secondary Dwelling Unit Development Rights, Zoning Ordinance Amendment: A-98-001. This MatCOUNCIL AGENDA REPORT DATE: March 31, 1998 TO: MAYOR AND TOWN COUN FROM: TOWN MANAGER SUBJECT: MEETING DATE: 04/20/98 ITEM NO. CONSIDER AMENDING THE TOWN CODE TO ALLOW THE DEMOLITION, CONVERSION, OR REMOVAL OF APPROVED SECONDARY DWELLING UNITS AND THE TRANSFER OF SECONDARY DWELLING UNIT DEVELOPMENT RIGHTS, ZONING ORDINANCE AMENDMENT A-98-001. THIS MATTER WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, AND IS, THEREFORE, EXEMPT FROM THE REQUIREMENT OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPLICANT: TOWN OF LOS GATOS RECOMMENDATION: 1. Open the Public Hearing; 2. Close the Public Hearing; 3. Direct Clerk to read the title; 4. Waive the reading; 5. Make the fmding that Zoning Ordinance Amendment A-98-001 is consistent with the General Plan; 6. Introduce the Ordinance (Attachment 4) BACKGROUND: On February 25, 1998, the Planning Commission recommended that the Council amend the Town Code to allow the demolition, conversion, or removal of approved secondary dwelling units and the transfer of development credits from those units for use by new secondary dwelling unit applications (See Attachment 1). This action was in response to direction from Council during its February 22, 1997 study session that Staff should prepare an ordinance amendment that would allow demolition or conversion of multifamily uses to single family residential uses. No procedure currently exist in the Town Code that would allow for the demolition, removal, or conversion of an approved secondary dwelling unit, and policies in the General Plan and Downtown Specific Plan encourage the maintenance of these units in the inventory of our housing stock. DISCUSSION: The General Plan Committee (GPC) requested that there be two alternatives be drafted to address the issue (see Attachment 2). Both the GPC and Planning Commission were presented two alternatives (See Attachment 3): Alternative-1, which allows only the demolition, conversion, or removal of an approved secondary dwelling unit; and Alternative-2, which allows demolition, conversion or removal, but also allows the development rights for the demolished unit to be transferred to the Town for use by property owners applying for new secondary dwelling units. Alternative-2 would not result in an increase in the number of total secondary dwelling units proposed since the "pool" of available transfer credits would be limited to the number of secondary dwelling units demolished, converted, or removed. (Continued on Page 2) PREPARED BY: LEE E. BOWMANf'J, PLANNING DIRECTOR Reviewed by: c Attorney NI Finance Revised: 3/31/98 2:44 pm Reformatted: 10/23/95 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ZONING ORDINANCE AMENDMENT A-98-001 April 14, 1998 Additionally, approval of these new units is not guaranteed. Applicants for new secondary dwelling units will still need to obtain a Conditional Use Permit (CUP) from the Planning Commission. All neighbors within a minimum 300- foot radius of the property will be notified of the application and the Planning Commission will need to make required findings to approve the CUP. Applicants will also need to satisfy all the regular requirements of the Town Code for secondary dwelling unit, except for the limitation that permits them only as a conditional use in the R-M (Multi -family Residential Zone) or R-1D (Single Family Residential, Downtown). Alternative-2 would allow these units in any zoning district in conjunction with a CUP and the availability of a transfer credit. Without an available transfer credit, a new secondary dwelling unit application would be limited to the R-M and R-1D zones as currently restricted by the existing ordinance. CONCLUSION: The Planning Commission considered this matter on February 25, 1998 and recommended that the matter be forwarded to the Town Council for adoption. ENVIRONMENTAL ASSESSMENTS: It has been determined that this project could not possibly have a significant impact on the environment. therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). FISCAL IMPACT: None. Attachments: 1. Planning Commission minutes of February 25 , 1998 2. Report to Planning Commission from Planning Director for the meeting of February 25, 1998 dated February 20, 1998. 3. Draft Ordinances: Exhibit A Alternative-1 Exhibit B Alternative-2 4. Ordinance Recommended for Introduction. 5. Letter from Larry and Teri Perlstein, received April 14, 1998. LEB:EO:sm N:1DE V\CNC L R PTS\A-98-001.TC 4 Los Gatos Planning Commission Minutes of February 25, 1998 Motion by Commissioner Morgan, seconded by Chair Decker to continue this matter to March 25, 1998 to be redesigned with direction to either greatly reduce the apparent mass of the second story or make it a reduced one story building that will still allow room for the required parking. Additionally, to provide some windows on the second floor and especially on the front elevation; to try to get the second story to be compatible with the gable structure of the house; and to find a way to reduce the impact of the handicapped ramp on the front elevation. Carried unanimously. Chair Decker declared a recess at 9:40 p.m. Chair Decker recused due to a possible conflict. Chair assumed by Commissioner Nachison Meeting resumed at 9:50 p.m. ZONING CODE AMENDMENT/A-98-1. (00.03) Public Hearing to consider amending the Town Code to allow the demolition, conversion, or removal of approved secondary dwelling units and the transfer of secondary dwelling unit development rights. This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirement of the California Environmental Quality Act. APPLICANT: Town of Los Gatos. The following people from the audience spoke regarding this matter. Michael Schradle, 35 Palm Ave. is concerned about implementation and a pool of units that may lead to conversion of single family homes to duplexes. Commissioner Nachison stated that normal channels would prevail and if the property met all the other requirements, then this amendment could apply. Ivfr. Korb stated that two options were before the Commission this evening. The first option would allow an owner, with a secondary unit, to eliminate the unit and the right does not transfer. The second option would allow for a transfer system and the person would be required to meet relative zoning requirements except that they may be able to locate within a zoning district that would not otherwise allow a secondary unit. Mr. Korb explained that this would be an exception but all other requirements would need to be met. Mr. Korb reiterated that there would be an application and hearing process and the only zoning exception would be that someone could make an application for a zone that does not otherwise allow secondary units. Commissioner Jensen explained that she was a member of the General Plan Committee and had been involved in developing the amendment. Ms. Jensen stated that the Committee had discussed how the transfer rights would work and the issues were 1) how to transfer the units around Town and 2) what would the ramifications be. Ms. Jensen explained that the issue now was whether to adopt the amendment which would allow the transfer rights or simply adopt an amendment which allows a secondary unit to be removed. Ms. Jensen reiterated that the General Plan Committee had discussed these issues and retaining this type of housing in depth and, that is why there are two alternatives for the Commission and Council to consider. Ms. 15 T 'IA Los Gatos Planning Commission Minutes of February 25, 1998 Jensen explained that the application, notification, and public hearing process would remain in place for any transfer. Commissioner Pirzynski stated that he also was a member of the General Plan Committee and their recommendation was Alternative 2 because they were looking at the issue of attempting to preserve housing stock. Mr. Pirzynski explained that there are now 353 secondary units and Alternative 1 may eliminate these over a period of time. He stated that the mechanism to accomplish this was left to future discussion because the Committee was not entirely convinced that, with any particular application, it would be easy to bring a secondary unit into a neighborhood no matter where it is in the Community. Mr. Pirzynski stated that the amendment was a maintenance of the secondary units currently in stock but the viability of the application would be left to any future attempt. Commissioner Bruno has two concerns 1)would the transfer of a development right on a new building where demolition took place allow a duplex in a single family area and, 2) was there any consideration given to establishing a cost factor to obtain these housing transfer credits. Mr. Bruno stated that there is an income that could be made from the transfer of the right and there is a cost involved with maintaining the housing bank. Mr. Bowman explained that Mr. Bruno's first concern depends on the size of the lot and is contained in the Secondary Unit Ordinance. Mr. Bowman stated that in most cases, the issue would be converting existing floor area to the second unit. Mr. Bowman stated that the cost factor had been discussed by the General Plan Committee and was rejected. Mr. Bowman stated that an application would have to be filed for any transfer rights and the Town's fees are cost recovery. Commissioner Morgan questioned the terminology regarding "conversion" and findings regarding the Hillside Specific Plan. Mr. Bowman stated that conversion would apply to conversion of an existing secondary unit to floor space for the primary unit. Mr. Bowman stated that in order to make the findings regarding the Hillside Specific Plan a provision would need to be added to the Ordinance that would prohibit this in the Hillside Zone. Commissioner Morgan stated that she has concerns regarding the "case by case" basis in zones where they are not allowed. Commissioner Jensen stated that this concern would be eliminated if Alternative 1 is recommended and this is the position she will take. Commissioner Nachison stated that the General Plan Committee had recommend Alternative 2 because of the over riding concern regarding maintaining available housing stock. Commissioner Jensen explained that these issues were all issues discussed by the Committee and they had requested the Town Attorney to provide specific information regarding transfer rights, how they would work, what the legal issues where and, the over riding consideration was that the Committee believed it was important to maintain the housing units. Commissioner Nachison questioned if specific areas needed to be identified as non -allowable, such as the 16 Los Gatos Planning Commission Minutes of February 25, 1998 Hillside area. Mr. Bowman stated that this was included in the proposed Ordinance for Alternative 2. Commissioner Jensen stated that she thought that the rights could be transferred only to a place that was allowed. Mr. Bowman explained that the new Ordinance would allow secondary units in zones where they are not currently allowed. Leslie Dill, 220 Wilder Ave., feels the issue of preserving housing units is very important and she is in favor of Alternative 2 or not making any changes to the_current Ordinance. Commissioner Bruno questioned why there would not be a charge for the transfer rights since the units would be income producing. Mr. Korb referred to TDR's (Transfered Deed Rights) and stated that the problem is that when you sell this right to someone else, the person still has to go through the application process and this can be a very difficult procedure with no assurance of approval. This means that someone has sold something and the buyer may not be able to use what he has purchased. Mr. Korb stated that this is a difficult prediciment for the Town to impose on applicants. Mr. Korb explained that it is difficult to "value" that right if it is a right that can not be assured at the time of sale. He explained that the person who wishes to eliminate a unit has decided that the unit is surplus to them and, has no value. Consequently, if it doesn't have value to them, then the only entity that the unit has any value to is the Town that wishes to preserve housing stock. Therefore the Town should be the keeper of that credit. Commissioner Bruno stated that the units have a value because they will be collecting rent. Mr. Bruno questioned they are available, and it is not as strong as an entitlement, does it become a "right" to avoid the existing zoning laws to the extent that the units are available. Mr. Bruno questioned the requirements of making the units available to whomever comes within the criteria, if they are available to take advantage of. Mr. Korb explained that credits would be available to anyone who applies, but approval is discretionary.. Commissioner Bruno clarified that the existence of units in a bank does not necessarily mean that they will be distributed and applied to any given parcel. Mr. Korb stated that it leaves open the possibility of reestablishing the unit elsewhere in Town thus giving the Town the ability to preserve one or more of the units that would otherwise be lost from the housing stock. Commissioner Morgan clarified that any application would go through a regular public hearing and notification process to anyone who would be impacted. Lee Quintana, 5 Palm Ave. questioned the transfer to lots of 8,000 square feet and if a transfer unit has to be attached or detached. Ms. Quintana stated that she does not see a great risk in Alternative 2 because very few units will be allowed if the neighbors object and, this will at least allow for the possibility of retaining the housing stock. Ivlr. Bowman stated that the Ordinance, as proposed, is just the unit and, whether it is attached or detached depends on the lot size. If the lot is only 8,000 sq. feet then you can not get the second unit. Ivfr. Bowman explained that the only change to the secondary dwelling Ordinance is the zones where they would be allowed and all other rules would apply. 17 Los Gatos Planning Commission Minutes of February 25, 1998 Commissioner Pirzynski stated that the mechanisms in place will not allow for frequent applications but will allow the Town, in theory, to maintain the housing stock and that is why he is in favor of Alternative 2. Gary Hill, 347 Pennsylvania Ave. stated that the Town doesn't always listen to the neighbors. Mr. Hill feels that if this meets the zoning requirements, it wont matter what the neighbors say and he is concerned that this will destroy property values. Commissioner Nachison stated that harmony with the existing area, compatibility, and other issues, are part of the process and neighbors do have input and are helpful in acclimating the Commission as to how the neighborhood is viewed. Ms. Nachison explained that this is trying to put a "stop -gap" measure in the lose of housing stock in Town and there are sufficient safe guards in the Toirn's existing Ordinances to require compliance and notification. Mr. Bowman corrected his statement regarding lots of 8,000 square feet and stated that he has discovered a provision that does allows for the transfer to lots as small as 8,000 square feet but he would not recommend this. There was no one else in the audience to speak to this matter. Commissioner Nachison closed the Public Hearing. Consensus Motion by Commissioner Nachison, to recommend Alternative 2 to the Town Council which allows demolition, conversion, and transfer of Secondary Dwelling Unit development rights. Carried 4-2. Commissioners Jensen and Morgan voting no. Chair Decker recused. COMMISSION COMMENTS Commissioner Nachison questioned removal of the 8,000 square feet and suggested that it be changed. Mr. Bowman suggested that the wording for the recommended changes read: "any secondary units that are created by Transfer Development Rights are limited to the same number of bedrooms as the original unit and may only be constructed on conforming lots as listed above". Motion by Commissioner Jensen, seconded by Commissioner Morgan to amend Section 29.10.315 (e) of the proposed Ordinance to read as it does until 'minimum lot size' and then it should read "on conforming lots as listed above". Carried unanimously. Chair Decker recused. Commissioner Bruno stated his concerns regarding the parking requirements in Section 29.10.315 (i). Mr. Bruno would like to see tighter control so neighborhoods will not be impacted by cars that can not be parked on the property. Mr. Bruno explained that increasing parking problems in the neighborhood would be less desirable that maintaining housing stock. 18 Los Gatos Planning Commission Minutes of February 25, 1998 Commissioner Jensen stated that there is a parking requirement for the primary unit but does not seem to be a parking requirement for the secondary unit which will impact neighborhoods. Mr. Bowman explained that parking for a secondary unit is included in the Secondary Unit Ordinance and the purpose of this Section and wording only refers to the additional requirements for a primary unit before they can secure a secondary unit. Mr. Bowman reiterated that Secondary Units have their own parking requirements and this deals only with the Primary Units. Commissioner Jensen would like to see the Section amended to clarify the issue. Motion by Commissioner Nachison, seconded by Commissioner Morgan to amend Section 29.10.315 (i) to include "in addition to parking otherwise required for Secondary Units as set forth in Section.... of the Town Code, the number of off street parking spaces required by this chapter ". Commissioner Bruno questioned the issue regarding a parking space deemed to be a driveway and he is still concerned about changing the character of a neighborhood. Mr. Bowman stated that the Zoning Code does not allow driveways to count as parting spaces. The only exception is with Planned Developments. Carried unanimously. Chair Decker recused. Motion by Commissioner Nachison, seconded by Commissioner Jensen to recommend Alternative 2 to the Town Council with amendments adopted this evening. FINDINGS The amendment is consistent with the General Plan, Hillside Specific Plan and the Downtown Specific Plan. COMMISSION COMMENTS Commissioner Jensen stated that she feels the property owner should have a right to determine whether they would like to have a Secondary Unit on their property and, in order to achieve that, even though she does not necessarily agree with Alternative 2, she is seconding the motion so the Town Council can consider allowing the removal of the unit. Carried unanimously. Chair Decker recused. JOHNSON AVENUE, 201/PRJ-98-013. (00.04) Appeal of the decision of the Development Review Committee denying a Minor Architecture and Site Application to construct a detached garage within the required setbacks on a nonconforming lot zoned R-1:8. PROPERTY OWNERJAPPELLANT: Kristiann Lukin/Terry McElroy. The following people from the audience spoke regarding this matter. 19 Date: February 20, 1998 For Agenda Of: February 25, 1998 REPORT TO: The Planning Commission FROM: Lee E. Bowman, Planning Director SUBJECT: Zoning Code Amendment A-98-1 FINDINGS: Agenda Item: 3 Public Hearing to consider amending the Town Code to allow the demolition, conversion, or removal of approved secondary dwelling units and the transfer of secondary dwelling unit development rights. This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirement of the California Environmental Quality Act. APPLICANT: Town of Los Gatos The Planning Commission must make a finding that the amendment is consistent with the General Plan, Hillside Specific Plan and the Downtown Specific Plan if their recommendation is for adoption. ACTION: Recommendation to Town Council. ENVIRONMENTAL It has been determined that this project could not possibly have a significant ASSESSMENT: impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). EXHIBITS: A. General Plan Committee Minutes B. Draft Ordinance Amendment Alternative-1 C. Draft Ordinance Amendment Alternative-2 RECOMMENDATION SUMMARY: Recommend amendment to Town Council for adoption. A. BACKGROUND: On August 13, 1997 the General Plan Committee, in response to an earlier Town Council request to review the Town's secondary unit regulations, directed Staff to prepare two alternative draft zoning ordinance amendments regarding secondary units for future consideration by the Planning Commission and Town Council. Alternative-1 would allow for the demolition, removal, or conversion of approved second units with Planning Commission approval and required findings. Alternative-2 would allow for the demolition, removal, or conversion of approved units and would also establish a process to transfer development rights from an eliminated secondary unit to the Town, and could later be used for new applications for secondary units. After reviewing these alternatives, the General Plan Committee on January 14, 1998 recommended that the Planning Commission recommend Alternative-2 to the Town Council (See Exhibit A) B. DISCUSSION: As proposed Alternative-1 amends zoning ordinance Sections 29.20.700 (Planning Director's Duties), 29.20.750 (Planning Commission Duties), and 29.10.310 (Secondary Dwelling Units -Existing Units) to authorize the Planning Commission to approve the demolition, removal or conversion of a secondary dwelling unit with required findings. This alternative could lead to an unknown reduction in the number of the Town's existing approved 353 secondary dwelling units. AT °" 2 TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6872 SUMMARY MINUTES OF A MEETING OF THE GENERAL PLAN COMMITTEE, OF THE TOWN OF LOS GATOS FOR January 14, 1998 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was called to order at 6:00 P.M. ATTENDANCE General Plan Committee Members Present: Linda Lubeck, Elizabeth Smith, Sandy Decker, Marcia Jensen, Gary Ehlert, Steve Boersma Members Absent: None Staff Present: Lee E. Bowman - Planning Director, Bud Lortz - Syskowski, Assistant Planner Others present: Mike Burke, Suzanne Muller, Lois Hanson Public Comment: Joe Pirzynski, Jan Hutchins, Asst. Planning Director, Kristine Lois Hanson spoke about traffic congestion in Town, especially at Lark and Winchester. She asked about ways to eliminate HWY 17 and HWY 85 traffic that cuts through Town when the Highways are gridlocked. Bud Lortz stated that staff would look into the status of electronic signs on HWY 85 alerting motorists to alternate routes and report back to the Committee in February. Mike Burke and Gary Ehlert also commented on access to and from the S. Santa Cruz Avenue exit/ on ramps. ITEM 1: EIect a new General Plan Committee Chair and Vice - Chairperson: Joe Pirzynski was elected Chair and Marcia Jensen was elected Vice -Chair. ITEM 2: Discuss status of Council referral regarding Housing Stock Retention Policies and draft alternatives for secondary dwelling unit ordinance amendments. The Committee requested staff to strike part (h)(3)(a) in both altematives and discussed the merits and drawbacks of each alternative. Committee then recommended Alternative #2 (Credit given for second unit) to the Planning Commission. Motion made by Gary Ehlert, seconded by Linda Lubeck, passed unanimously. ITEM 3: Adjourn. Meeting adjourned at 6:50 P.M. The next regular meeting of the General Plan Committee is February 11, 1998. Prepared by: stine Syskowski, A ':istant Planner cc: Planning Commission Chair, General Plan Committee N:IDEVWDMINSECIMINUTES\GPC1-14.98 EXHIIT A ALTERNATIVE-1 DIVISION 7. SECONDARY DWELLING UNITS Sec. 29.10.310. Existing units. (a) Definition. For purposes of this chapter, an existing unlawful secondary dwelling unit is defined as a secondary dwelling that existed in the Town or the County on June 1, 1983, and has existed and been used continuously from that date to the date on which application to Town is made for a secondary dwelling unit permit. Existing unlawful secondary dwelling units are eligible for a secondary dwelling unit permit regardless of the zone in which the property is located. (b) Number. A maximum of two (2) existing secondary dwelling units are allowed on a single lot if no other accessory living quarters exists on the property. All other secondary dwelling units or accessory living quarters on the property must be abated. Only one (1) secondary dwelling unit is permitted on a lot with an existing approved accessory living quarters. All other secondary dwelling units on the property must be abated. (c) Units existing in Town on June 1, 1983. An existing unlawful secondary dwelling unit in Town for which an application for a secondary dwelling unit permit was not filed by December 31, 1987, shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling unit pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (d) Units existing in County. The owner of an existing unlawful secondary dwelling unit in the County shall have 90 days following the date of annexation into the Town to apply for a secondary dwelling unit permit. If such a timely application is made, the standards of this section shall be applied to the application. If no application is made within the 90-day period, the unit shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (e) Housing code. Any unit receiving a secondary unit permit pursuant to subsection (d) shall be required to comply with the Town housing code, and all improvements shall be completed within one (1) year from the date of application. Where a timely application under subsection (c) has been filed, and approved, an extension from the compliance date may be granted for good cause shown. An extension of more than six (6) months may be granted by the Planning Commission upon finding that a hardship exists. (f) Development standards. Existing secondary dwelling units need not comply with the development standards required by the zone in which the property is located nor the development standards required by section 29.10.315 for new secondary dwelling units. EXHIBIT B Sec. 29.20.700. Planning Director. The Planning Director: (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Committee, ttx c Preservatt n t mrnttee, Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations and sign permits. (7) Determines revocations or modifications of animal permits and home occupation permits. (8) May refer any matter assigned by ordinance to the Planning Director for decision to the Planning Commission for decision. (9) Determines applications for sign approval when action is not required of the Council or Planning Commission. (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by section 29.10.0985. (11) Determines applications for section 29.10.09030 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants. (13) Prepares and sends notifications required by statute to the County Assessor. Sec. 29.20.750. Planning Commission. The Planning Commission: (1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the general plan. (3) Hears and recommends all proposals for adoption and amendment of specific plans. (4) May initiate zone changes and amendments to this chapter. (5) Hears and recommends proposals for zone changes, prezonings, and amendments to this chapter, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one (1) year of a similar application. (7) (8) Determines variance applications. Determines conditional use permit applications that are not assigned to the Development Review Committee. (9) Determines applications for architecture and site approval except those items listed in section 29.20.745. (10) Determines time extension when it would have had the power to grant the original approval. (11) Determines revocations and modifications of zoning approvals as provided in section 29.20.310. (12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (14) Determines whether to allow all deviations from the standards of this chapter which are specifically authorized by this chapter except variances, and determines when stricter standards than those generally imposed by this chapter but specifically provided for in this chapter apply. „(15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter ALTERNATIVE-2 DIVISION 7. SECONDARY DWELLING UNITS Sec. 29.10.305. Intent. This division is adopted to fulfill the requirements of the housing element for regulating secondary dwelling units. (Ord. No. 1316, § 3.95.010, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20-87) Sec. 29.10.310. Existing units. (a) Definition. For purposes of this chapter, an existing unlawful secondary dwelling unit is defined as a secondary dwelling that existed in the Town or the County on June 1, 1983, and has existed and been used continuously from that date to the date on which application to Town is made for a secondary dwelling unit permit. Existing unlawful secondary dwelling units are eligible for a secondary dwelling unit permit regardless of the zone in which the property is located. (b) Number. A maximum of two (2) existing secondary dwelling units are allowed on a single lot if no other accessory living quarters exists on the property. All other secondary dwelling units or accessory living quarters on the property must be abated. Only one (1) secondary dwelling unit is permitted on a lot with an existing approved accessory living quarters. All other secondary dwelling units on the property must be abated. (c) Units existing in Town on June 1, 1983. An existing unlawful secondary dwelling unit in Town for which an application for a secondary dwelling unit permit was not filed by December 31, 1987, shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling unit pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (d) Units existing in County. The owner of an existing unlawful secondary dwelling unit in the County shall have 90 days following the date of annexation into the Town to apply for a secondary dwelling unit permit. If such a timely application is made, the standards of this section shall be applied to the application. If no application is made within the 90-day period, the unit shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (e) Housing code. Any unit receiving a secondary unit permit pursuant to subsection (d) shall be required to comply with the Town housing code, and all improvements shall be completed within one (1) year from the date of application. Where a timely application under subsection (c) has been filed, and approved, an extension from the compliance date may be EXHIBIT C :4• .ri?v: e t AO* i?0 (?/.: Yw•x.;../�fr Aloe �,,v <IlrpY•♦% f �.i{i }.�'�C'Yf f,cr� f fF. �?v s ...Lori'.:." � y:�+�. <O-,'�h .. Ar.'• 5:'{L::F}::::::.::3:}:.?rT,.-..a'...ir :-4Y`.' ::"}`1!P!RY.41 4 '} (Ord. No. 1316, §§ 3.96.010--3.96.080, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20- 87; Ord. No. 1959, § I, 11-1-93) Sec. 29.10.315. New units. (a) Definition. A new secondary dwelling unit is defined as a unit which was created after June 1, 1983, a unit which is not eligible for a secondary dwelling permit, or a unit for which an application for a secondary dwelling unit permit has been denied. (b) Number. Only one (1) new secondary dwelling unit may be permitted on a lot. None will be permitted upon a lot with an existing secondary dwelling unit and/or an accessory living quarters. (c) Town codes and ordinances. All new secondary dwelling units shall comply with all the provisions of this chapter and other Town codes. (d) Scope. New secondary dwelling units are allowed-ras;ol as, •an ae•in those zones as shown in the table of conditional uses (section 29.20.185) as -'an accessory use to a primary dwelling. Secondary dwelling units permitted in any PD (planned development overlay) zone are subject to being part of the planned development ordinance; • ai.40:.• resi' • Fla • mep adding floor area in excess of thirty (30) square feet. (I) Design, form, materials and color. The design, form, materials and color of a new secondary dwelling unit shall be compatible with the primary dwelling unit and the neighborhood. Secondary dwelling units shall retain the single-family appearance of the property as much as possible. (m) Grading. The siting of a secondary dwelling unit shall not require excessive grading or result in a grading scar which is visible from a public space or adjoining property. ecan ttt1 1 (ogre Harder: r tranS eetiei mrsns. reste tlition reni tzna :sewn mung Commission andves :ansfer lCattafs erect;: artnz nt Lutist•receive (Ord. No. 1316, §§ 3.97.010--3.97.150, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20- 87; Ord. No. 1835, § § I, H, 7-16-90) Sec. 29.20.700. Planning Director. The Planning Director: (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Committee, tstonc Preservation Contra tee, Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines. (23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee. (25) Assists in the writing of ordinances. (26) Determines whether lots have merged. (27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by section 29.10.155(1). (28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. (30) Has those duties described in division 8 of this article. (31) Determines applications for accessory structures in R-I zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings. ........................... intahis: a: re e 'sons rnterested t tai=ii men ttraer;c (Ord. No. 1316, § 5.60.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1617, 5-21-84; Ord. No. 1640, 3-4-85; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20-87; Ord. No. 1756, § III, 8-1-88; Ord. No. 1758, § V, 8-1-88; Ord. No. 1798, § IV, 9-5-89) Cross reference(s)--Director of planning generally, § 20.10.010 et seq. Sec. 29.20.750. Planning Commission. The Planning Commission: (1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the general plan. '(3) Hears and recommends all proposals for adoption and amendment of specific a (18) Determines requirements for access to remote areas in the RC and HR zones. (19) Determines applications for neighborhood identification signs, and signs on freestanding walls. (20) Performs any functions required by statute or ordinance but not specifically assigned by this chapter. (21) Determines whether a nonconforming use is no longer lawful. (22) Forwards a recommendation to the Town Council concerning mobile home park conversion permit applications. )titer nines apply ans for t llir (Ord. No. 1316, § 5.60.200, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1496, 4-20-81; Ord. No. 1640, 3-4-85; Ord. No. 1756, § IV, 8-1-88; Ord. No. 1758, § VII, 8-1-88; Ord. No. 1815, § V, 3-19-90; Ord. No. 1963, § VI, 11-15-93; Ord. No. 2021, § IV, 8-5-96) DRAFT ORDINANCES ATTACE';'1I 3 ALTERNATIVE-1 DIVISION 7. SECONDARY DWELLING UNITS Sec. 29.10.310. Existing units. (a) Definition. For purposes of this chapter, an existing unlawful secondary dwelling unit is defined as a secondary dwelling that existed in the Town or the County on June 1, 1983, and has existed and been used continuously from that date to the date on which application to Town is made for a secondary dwelling unit permit. Existing unlawful secondary dwelling units are eligible for a secondary dwelling unit permit regardless of the zone in which the property is located. (b) Number. A maximum of two (2) existing secondary dwelling units are allowed on a single lot if no other accessory living quarters exists on the property. All other secondary dwelling units or accessory living quarters on the property must be abated. Only one (1) secondary dwelling unit is permitted on a lot with an existing approved accessory living quarters. All other secondary dwelling units on the property must be abated. (c) Units existing in Town on June 1, 1983. An existing unlawful secondary dwelling unit in Town for which an application for a secondary dwelling unit permit was not filed by December 31, 1987, shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling unit pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (d) Units existing in County. The owner of an existing unlawful secondary dwelling unit in the County shall have 90 days following the date of annexation into the Town to apply for a secondary dwelling unit permit. If such a timely application is made, the standards of this section shall be applied to the application. If no application is made within the 90-day period, the unit shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (e) Housing code. Any unit receiving a secondary unit permit pursuant to subsection (d) shall be required to comply with the Town housing code, and all improvements shall be completed within one (1) year from the date of application. Where a timely application under subsection (c) has been filed, and approved, an extension from the compliance date may be granted for good cause shown. An extension of more than six (6) months may be granted by the Planning Commission upon finding that a hardship exists. (f) Development standards. Existing secondary dwelling units need not comply with the development standards required by the zone in which the property is located nor the development standards required by section 29.10.315 for new secondary dwelling units. EXHIBIT A (g) Parking. Existing secondary dwelling units shall not be required to add parking in order to comply with the parking requirements for secondary dwelling units; however, if parking exists at the time the secondary dwelling unit permit is issued, such parking shall not be reduced below the number of spaces that would be required for secondary dwelling units. (h) Remodeling and ;reconstruction; svneconstruction;.; 0:,, s •con r t follows: (1) oft«: ,;.>:::<;:<::::,»:<>:;::;; .:: <::>.»:»: va t n, ct�nrsion, nr r�rrrr�v�rl. Remodeling enruval of secondary dwelling units shall be as Where a timely application under subsection (c) has been filed and approved, a secondary dwelling unit may be remodeled providing the building height, area and footprint are not expanded. (2) Planning Director approval is required for the remodeling or reconstruction of an existing secondary dwelling unit in the case of destruction. The proposed construction shall be designed so as to architecturally harmonize with the surrounding structures so long as the construction does not increase the height or size of the unit. The factors to be considered when reviewing the design of such proposed construction include: a. Building height. b. Building materials. c. Colors. d. Setback conformity. Planning Cornmissioi approval is required to demolish without reconstruction; remove, or convert the use of an approved secondary dwelling unit. hi order to approve the demolition, removal, or conversion in use of an approved secondary dwelling unit the followingfindings must be made. The pmpcssed demolition, rernov J, br conversion is in keeling with the architectural or historic character of the existing residence and its surroundings. The proposed conversion is compatible with thepernlitted.uses of:the zoning district. (Ord. No. 1316, §§ 3.96.010--3.96.080, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20- 87; Ord. No. 1959, § I, 11-1-93) Sec. 29.20.700. Planning Director. The Planning Director: (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Committee, Historic Preservation Comma* Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations and sign permits. (7) Determines revocations or modifications of animal permits and home occupation permits. (8) May refer any matter assigned by ordinance to the Planning Director for decision to the Planning Commission for decision. (9) Determines applications for sign approval when action is not required of the Council or Planning Commission. (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by section 29.10.0985. (11) Determines applications for section 29.10.09030 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants. (13) Prepares and sends notifications required by statute to the County Assessor. (14) Notifies applicants of hearings. (15) Keeps records of nonconforming signs and mails notices to owners of such signs. (16) Corrects the zoning map. (17) Keeps lists of nonconforming uses and buildings. (18) Reviews applications for construction permits for ordinance compliance. (19) Determines parking requirements for uses whose parking requirements are not specified. (20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of nonconforming one- or two-family dwellings. (22) Reviews all required parking lot screening. (23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee. (25) Assists in the writing of ordinances. (26) Determines whether lots have merged. (27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by section 29.10.155(1). (28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. (30) Has those duties described in division 8 of this article. (31) Determines applications for accessory structures in R-1 zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings. Sec. 29.20.750. Planning Commission. The Planning Commission: (1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the general plan. (3) Hears and recommends all proposals for adoption and amendment of specific plans. (4) May initiate zone changes and amendments to this chapter. (5) Hears and recommends proposals for zone changes, prezonings, and amendments to this chapter, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one (1) year of a similar application. Determines variance applications. Determines conditional use permit applications that are not assigned to the Development Review Committee. (9) Determines applications for architecture and site approval except those items listed in section 29.20.745. (10) Determines time extension when it would have had the power to grant the original approval. (11) Determines revocations and modifications of zoning approvals as provided in section 29.20.310. (12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (7) (8) (14) Determines whether to allow all deviations from the standards of this chapter which are specifically authorized by this chapter except variances, and determines when stricter standards than those generally imposed by this chapter but specifically provided for in this chapter apply. (15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter or demolish structures, sites and areas designated, under the provisions of division 3 of article VIII of this chapter, or for which designation proceedings are pending. (16) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple -family developments in the R-M zone. (17) Determines applications for section 29.10.0980 tree permits. (18) Determines requirements for access to remote areas in the RC and BR zones. (19) Determines applications for neighborhood identification signs, and signs on freestanding walls. (20) Performs any functions required by statute or ordinance but not specifically assigned by this chapter. (21) Determines whether a nonconforming use is no longer lawful. (22) Forwards a recommendation to the Town Council concerning mobile home park conversion permit applications. Determines app a to ns emo tion, conveys :; rit ..:.:::.; dwelling units. ALTERNATIVE-2 DIVISION 7. SECONDARY DWELLING UNITS Sec. 29.10.305. Intent. This division is adopted to fulfill the requirements of the housing element for regulating secondary dwelling units. (Ord. No. 1316, § 3.95.010, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20-87) Sec. 29.10.310. Existing units. (a) Definition. For purposes of this chapter, an existing unlawful secondary dwelling unit is defined as a secondary dwelling that existed in the Town or the County on June 1, 1983, and has existed and been used continuously from that date to the date on which application to Town is made for a secondary dwelling unit permit. Existing unlawful secondary dwelling units are eligible for a secondary dwelling unit permit regardless of the zone in which the property is located. (b) Number. A maximum of two (2) existing secondary dwelling units are allowed on a single lot if no other accessory living quarters exists on the property. All other secondary dwelling units or accessory living quarters on the property must be abated. Only one (1) secondary dwelling unit is permitted on a lot with an existing approved accessory living quarters. All other secondary dwelling units on the property must be abated. (c) Units existing in Town on June 1, 1983. An existing unlawful secondary dwelling unit in Town for which an application for a secondary dwelling unit permit was not filed by December 31, 1987, shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling unit pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (d) Units existing in County. The owner of an existing unlawful secondary dwelling unit in the County shall have 90 days following the date of annexation into the Town to apply for a secondary dwelling unit permit. If such a timely application is made, the standards of this section shall be applied to the application. If no application is made within the 90-day period, the unit shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (e) Housing code. Any unit receiving a secondary unit permit pursuant to subsection (d) shall be required to comply with the Town housing code, and all improvements shall be completed within one (1) year from the date of application. Where a timely application under subsection (c) has been filed, and approved, an extension from the compliance date may be EXHIBIT B granted for good cause shown. An extension of more than six (6) months may be granted by the Planning Commission upon finding that a hardship exists. (f) Development standards. Existing secondary dwelling units need not comply with the development standards required by the zone in which the property is located nor the development standards required by section 29.10.315 for new secondary dwelling units. (g) Parking. Existing secondary dwelling units shall not be required to add parking in order to comply with the parking requirements for secondary dwelling units; however, if parking exists at the time the secondary dwelling unit permit is issued, such parking shall not be reduced below the number of spaces that would be required for secondary dwelling units. (h) Remodeling -and; reconstruction; demolition conversion. or remr ovr . Remodeling cum# -,reconstruction, demolition, conversion, orremoval of secondary dwelling units shall be as follows: (1) Where a timely application under subsection (c) has been filed and approved, a secondary dwelling unit may be remodeled providing the building height, area and footprint are not expanded. (2) Planning Director approval is required for the remodeling or reconstruction of an existing secondary dwelling unit in the case of destruction. The proposed construction shall be designed so as to architecturally harmonize with the surrounding structures so long as the construction does not increase the height or size of the unit. The factors to be considered when reviewing the design of such proposed construction include: a. Building height. b. Building materials. c. Colors. d. Setback conformity. (3) Planning; Commission. appro val is required to demolish without reconstr ctton remove or convert the use>of an approved. secondary dwelling unit. :1ta order to approve. the: demolition, removal, or conversion; of an approved secondary dwel ling unit the following findings must be made: The proposed demolition, removal, or conversion is compatible with the architectural. and: or !historic character of the existing: residence and its surroundings. The pro posed conversion is compatible< vrth the perm€ttedtises of the zoning district If the Planning<:Conln}ission approves the demolition, removal, or c:nversfon 1i use of a secondary •dwelling'untt, the development ri: htss.for that unit shai a transfer the Town ofCriat't'''' The Planning Director shall; Maintain a record of these deVeri tr**l"r credits .and make them available.for use by the public for new secondar applications on a first:come first serve basis. (Ord. No. 1316, §§ 3.96.010--3.96.080, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20- 87; Ord. No. 1959, § I, 11-1-93) Sec. 29.10.315. New units. (a) Definition. A new secondary dwelling unit is defined as a unit which was created after June 1, 1983, a unit which is not eligible for a secondary dwelling permit, or a unit for which an application for a secondary dwelling unit permit has been denied. (b) Number. Only one (1) new secondary dwelling unit may be permitted on a lot. None will be permitted upon a lot with an existing secondary dwelling unit and/or an accessory living quarters. (c) Town codes and ordinances. All new secondary dwelling units shall comply with all the provisions of this chapter and other Town codes. (d) Scope. New secondary dwelling units are allowed as follows; As an accessory use.to a.primary dwell ng.in:those zones as shown in the table of conditional uses (section 29.20.185) as an acccssory use to a Secondary dwelling units permitted in any PD (planned development overlay) zone are subject to being part of the planned development ordinance;;; or Iri. conjunction wuth the transfer of an .a ailabl`e.secondary elwell,ixg unit development credit and a coriditionil use permit aplroved:by the Planet Commission, as an: accessory use to a primary;: dwelling in any residentially zoned property (except in .Hillside Residential`<and Resource Conservation Zones):: Only conforming lots with a rnrntrt um tot size Ol`:: 10,000 square feet or larger are eligible to receive a transfer of a development .credits. (e) Minimum lot size, maximum unit size and maximum number of bedrooms. Minimum Lot Size Maximum Unit Size Maximum # Bedrooms Interior 10,000 sq. ft. 750 sq. ft. 1 Attached 12,000 sq. ft. 750 sq. ft. 1 Detached 15,000 sq. ft. 900 sq. ft. 2 Exception. New secondary units that are created by transfer of development rights are lirnited to the same number of bedrooms of the original unit and may only be constructed on:conforming lots as listed' above This exception does not exempt the secondary dwelling unit from complying With other development regulations such as Floor Area Ratio limitationsyard setbacks and required parking (f) Height. Interior and attached secondary dwelling units shall be located only on the first floor of the primary dwelling units. Detached secondary dwelling units shall not exceed one (1) story in height. Secondary dwelling units shall not be permitted on the second floor of a detached accessory building. (g) Detached units. New detached secondary dwelling units are subject to the provisions of section 29.40.015 regardless of the zone in which the property is located. (h) Architecture and site approval Architecture and site approval is required for all new secondary dwelling units. (i) Parking. In addition to paiVigii.OtherWise required for Secondary Units as set forth in 'Section 29.10.150 of the Town Coded the number of off-street parking spaces required by this chapter for the primary unit shall be provided prior to the issuance of a certificate of use and occupancy for the new secondary dwelling unit. (j) Accessory living quarters. A secondary dwelling unit is not allowed on the same lot with an existing approved accessory living quarters. In order to convert an accessory living quarters to a secondary dwelling unit, the owner must apply for a conditional use permit for a new secondary dwelling unit. (k) Expansion of unit. Requests for expansion of a secondary dwelling unit shall be processed in the same manner and subject to the same requirements as a new secondary dwelling unit. Expansion of a secondary dwelling unit is defined as increasing the number of bedrooms or adding floor area in excess of thirty (30) square feet. (1) Design, form, materials and color. The design, form, materials and color of a new secondary dwelling unit shall be compatible with the primary dwelling unit and the neighborhood. Secondary dwelling units shall retain the single-family appearance of the property as much as possible. (m) Grading. The siting of a secondary dwelling unit shall not require excessive grading or result in a grading scar which is visible from a public space or adjoining property. ................ (n) 'Transfer r f development rights. Upon.dernolition, removal, or conversion in>use of a secondary'dwelling unit, the development:rights for that unit,shalt transfer o the Town of Los Gatos. The Planning Director shall maintain a record of these available development.transfer credits and: shall retake them available for. use by the public for. new secondary unit applications strictly on a "first: -come, first serve" `basis. The Planning Director shall also•esta[ lish.a corresponding waiting l st for any persons interested in obtaining a development transfer credit. In Dieter for the transfer<of development rights to be final, the Planning Departine t must receive veril"tcation that the property owner of then ew secondary unit.h. as obtained a Conditional. LJse Permit forhe:new unit from the Planning Commission .and vested the approval as specified ar Towri ('ode Section 29 2il 335< (Ord. No. 1316, §§ 3.97.010--3.97.150, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20- 87; Ord. No. 1835, §§ I, II, 7-16-90) Sec. 29.20.700. Planning Director. The Planning Director: (l) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Committee, ............................................................................ Historic Preservation Committee Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations and sign permits. (7) Determines revocations or modifications of animal permits and home occupation permits. (8) May refer any matter assigned by ordinance to the Planning Director for decision to the Planning Commission for decision. (9) Determines applications for sign approval when action is not required of the Council or Planning Commission. (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by section 29.10.0985. (11) Determines applications for section 29.10.09030 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants. (13) Prepares and sends notifications required by statute to the County Assessor. (14) Notifies applicants of hearings. (15) Keeps records of nonconforming signs and mails notices to owners of such signs. (16) Corrects the zoning map. (17) Keeps lists of nonconforming uses and buildings. (18) Reviews applications for construction permits for ordinance compliance. (19) Determines parking requirements for uses whose parking requirements are not specified. (20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of nonconforming one- or two-family dwellings. (22) Reviews all required parking lot screening. (23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee. (25) Assists in the writing of ordinances. (26) Determines whether lots have merged. (27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by section 29.10.155(1). (28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. (30) Has those duties described in division 8 of this article. (31) Determines applications for accessory structures in R-1 zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings. ............................................................................... Maintains a record of secondary dwelling unit development trait r C list of persons interested in obtaining a transfer credit (Ord. No. 1316, § 5.60.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1617, 5-21-84; Ord. No. 1640, 3-4-85; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20-87; Ord. No. 1756, § III, 8-1-88; Ord. No. 1758, § V, 8-1-88; Ord. No. 1798, § IV, 9-5-89) Cross reference(s)--Director of planning generally, § 20.10.010 et seq. Sec. 29.20.750. Planning Commission. The Planning Commission: (1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the general plan. n (3) Hears and recommends all proposals for adoption and amendment of specific plans. (4) May initiate zone changes and amendments to this chapter. (5) Hears and recommends proposals for zone changes, prezonings, and amendments to this chapter, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one (1) year of a similar application. Determines variance applications. Determines conditional use permit applications that are not assigned to the Development Review Committee. (9) Determines applications for architecture and site approval except those items listed in section 29.20.745. (10) Determines time extension when it would have had the power to grant the original approval. (11) Determines revocations and modifications of zoning approvals as provided in section 29.20.310. (12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (7) (8) (14) Determines whether to allow all deviations from the standards of this chapter which are specifically authorized by this chapter except variances, and determines when stricter standards than those generally imposed by this chapter but specifically provided for in this chapter apply. (15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter or demolish structures, sites and areas designated, under the provisions of division 3 of article VIII of this chapter, or for which designation proceedings are pending. (16) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple -family developments in the R-M zone. (17) Determines applications for section 29.10.0980 tree permits. (18) Determines requirements for access to remote areas in the RC and HR zones. (19) Determines applications for neighborhood identification signs, and signs on freestanding walls. (20) Performs any functions required by statute or ordinance but not specifically assigned by this chapter. (21) Determines whether a nonconforming use is no longer lawful. (22) Forwards a recommendation to the Town Council concerning mobile home park conversion permit applications. Determines applications tor° demolition, conversion, removal of secondary dwelling unitsand the construction of new units. (Ord. No. 1316, § 5.60.200, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1496, 4-20-81; Ord. No. 1640, 3-4-85; Ord. No. 1756, § IV, 8-1-88; Ord. No. 1758, § VII, 8-1-88; Ord. No. 1815, § V, 3-19-90; Ord. No. 1963, § VI, 11-15-93; Ord. No. 2021, § IV, 8-5-96) ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE TO ALLOW THE DEMOLITION, CONVERSION, OR REMOVAL OF APPROVED SECONDARY DWELLING UNITS AND THE TRANSFER OF SECONDARY DWELLING UNIT DEVELOPMENT RIGHTS. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Chapter 29 shall be amend as follows: DIVISION 7. SECONDARY DWELLING UNITS Sec. 29.10.305. Intent. This division is adopted to fulfill the requirements of the housing element for regulating secondary dwelling units. (Ord. No. 1316, § 3.95.010, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20-87) Sec. 29.10.310. Existing units. (a) Definition. For purposes of this chapter, an existing unlawful secondary dwelling unit is defined as a secondary dwelling that existed in the Town or the County on June 1, 1983, and has existed and been used continuously from that date to the date on which application to Town is made for a secondary dwelling unit permit. Existing unlawful secondary dwelling units are eligible for a secondary dwelling unit permit regardless of the zone in which the property is located. ATCAC `tswsir `411 (b) Number. A maximum of two (2) existing secondary dwelling units are allowed on a single lot if no other accessory living quarters exists on the property. All other secondary dwelling units or accessory living quarters on the property must be abated. Only one (1) secondary dwelling unit is permitted on a lot with an existing approved accessory living quarters. All other secondary dwelling units on the property must be abated. (c) Units existing in Town on June 1, 1983. An existing unlawful secondary dwelling unit in Town for which an application for a secondary dwelling unit permit was not filed by December 31, 1987, shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling unit pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (d) Units existing in County. The owner of an existing unlawful secondary dwelling unit in the County shall have 90 days following the date of annexation into the Town to apply for a secondary dwelling unit permit. If such a timely application is made, the standards of this section shall be applied to the application. If no application is made within the 90-day period, the unit shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling pursuant to section 29.10.315, the unit shall be deemed to be unlawful and will be abated. (e) Housing code. Any unit receiving a secondary unit permit pursuant to subsection (d) shall be required to comply with the Town housing code, and all improvements shall be completed within one (1) year from the date of application. Where a timely application under subsection (c) has been filed, and approved, an extension from the compliance date may be granted for good cause shown. An extension of more than six (6) months may be granted by the Planning Commission upon finding that a hardship exists. (f) Development standards. Existing secondary dwelling units need not comply with the development standards required by the zone in which the property is located nor the 2 development standards required by section 29.10.315 for new secondary dwelling units. (g) Parking. Existing secondary dwelling units shall not be required to add parking in order to comply with the parking requirements for secondary dwelling units; however, if parking exists at the time the secondary dwelling unit permit is issued, such parking shall not be reduced below the number of spaces that would be required for secondary dwelling units. (h) Remodeling and reconstruction, d�rnic hli��ia, conversion or remol aL Remodeling and -reconstruction, demolition, conversion, or removal of secondary dwelling units shall be as follows: (1) Where a timely application under subsection (c) has been filed and approved, a secondary dwelling unit may be remodeled providing the building height, area and footprint are not expanded. (2) Planning Director approval is required for the remodeling or reconstruction of an existing secondary dwelling unit in the case of destruction. The proposed construction shall be designed so as to architecturally harmonize with the surrounding structures so long as the construction does not increase the height or size of the unit. The factors to be considered when reviewing the design of such proposed construction include: a. Building height. �b. Building materials. c. Colors. d. Setback conformity. 3 (3) ...................................... .. . Planntng Cominission approval is required to demolish without reconstruction. remove, or convert the use of an approved secondary dwelling unit In order to approve the demolition, removal, or conversion of an approved secondary dwelling unit the following findings must be made: The proposed d0rx,d i :ion, reraaval, or conversion is corn aat4bl lfi lat architectural and/ or historic character of the existing rest fence and its s rroun The proposed conversion is compatible with the pern:ttt l uses of the zoning district. If the Planning Commisston;approves the demolition, removal, or converskm ir+ use of a secondary dwelling unit, the development rights for that unit shall tiansfer the Town of Los Gatos at the it e of s ition removal'or con et k n The Planning Director shall maintain a record of these development transfer credits and make there avatlal le for use by the public for new secondary tug: t applications on a first come first serve basis. (Ord. No. 1316, §§ 3.96.010--3.96.080, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20- 87; Ord. No. 1959, § I, 11-1-93) Sec. 29.10.315. New units. (a) Definition. A new secondary dwelling unit is defined as a unit which was created after June 1, 1983, a unit which is not eligible for a secondary dwelling permit, or a unit for which an application for a secondary dwelling unit permit has been denied. 4 (b) Number. Only one (1) new secondary dwelling unit may be permitted on a lot. None will be permitted upon a lot with an existing secondary dwelling unit and/or an accessory living quarters. (c) Town codes and ordinances. All new secondary dwelling units shall comply with all the provisions of this chapter and other Town codes. (d) Scope. New secondary dwelling units are allowed4n as follows: As an accessory use to a primary dwelling in<!those zones as shown in the table of conditional uses (section 29.20.185) as an accessory use to a b Secondary dwelling units permitted in any PD (planned development overlay) zone are subject to being part of the planned development ordinance; or In conjunction with the transfer .of an available secondary dwelling unit development credit and a conditional use permit approved by the Mannino Oommis: stop, as an accessory ise:to a primary ilwelltng to nv residentially zoned•property (except to klillsiel Residential:>and Rsourc Conservation Zones). Oily conformiug'lots with a mtnizxi m lol size of 1 t3, J00 square :feet or larger; are eligib le to rece ve a transfer of development credits. (e) Minimum lot size, maximum unit size and maximum number of bedrooms. 5 Minimum Lot Size Maximum Unit Size Maximum # Bedrooms Interior 10,000 sq. ft. 750 sq. ft. 1 Attached 12,000 sq. ft. 750 sq. ft. 1 Detached 15,000 sq. ft. 900 sq. ft. 2 Exception. New secondary units that are created by transfer of development rights are<Jit*ed to the same number of bedrooms of :the original unit and may only b:e constructed on confortriing lots as JFsted above This exception does not exeri pt the; secondary dwellitg unit from complying with other development regullations such as Floor Area Ratio<limitations, yard setbacks, and: required ................ parking; (f) Height. Interior and attached secondary dwelling units shall be located only on the first floor of the primary dwelling units. Detached secondary dwelling units shall not exceed one (1) story in height. Secondary dwelling units shall not be permitted on the second floor of a detached accessory building. (g) Detached units. New detached secondary dwelling units are subject to the provisions of section 29.40.015 regardless of the zone in which the property is located. (h) Architecture and site approval. Architecture and site approval is required for all new secondary dwelling units. 6 (i) Parking. Inaddition to :parking:otherwise required for Secondary Units as set forth in Section 29.10 1.50 of the Tows Code the number of off-street parking spaces required by this chapter for the primary unit shall be provided prior to the issuance of a certificate of use and occupancy for the new secondary dwelling unit. (j) Accessory living quarters. A secondary dwelling unit is not allowed on the same lot with an existing approved accessory living quarters. In order to convert an accessory living quarters to a secondary dwelling unit, the owner must apply for a conditional use permit for a new secondary dwelling unit. (k) Expansion of unit. Requests for expansion of a secondary dwelling unit shall be processed in the same manner and subject to the same requirements as a new secondary dwelling unit. Expansion of a secondary dwelling unit is defined as increasing the number of bedrooms or adding floor area in excess of thirty (30) square feet. (1) Design, form, materials and color. The design, form, materials and color of a new secondary dwelling unit shall be compatible with the primary dwelling unit and the neighborhood. Secondary dwelling units shall retain the single-family appearance of the property as much as possible. (m) Grading. The siting of a secondary dwelling unit shall not require excessive grading or result in a grading scar which is visible from a public space or adjoining property. (n) Upon.demohtion, removal, oar conveys on::4n use :of a: secondary dwelling unit,. the development rights for that shall transfer to the Town of Loss Gatos The::Planning Director shall marnta in a record of these available development transfer credits .and shall :rnake them available: for use by the public for new secondary unit applications strictl y on a' " first -come,; first serve" basis Te Plannin Director shall also es0tabl`: sh ;a corresponding waiting list for any persons snterested in obtaining a development transfer credit: 7 In order for the transfer; of development rights to.•t e final, the Planning Department trust receive verification that the property owner of the new secondary unit has obtaineda Conditional:Use Perin it for the new unit from the Planning Commission- and vested the approval as specified in Town Code Section 29.20.335. (Ord. No. 1316, §§ 3.97.010--3.97.150, 6-7-76; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20- 87; Ord. No. 1835, §§ I, II, 7-16-90) Sec. 29.20.700. Planning Director. The Planning Director: (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Committee, Historic • Preservati on Committee Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations 8 (7) (8) (9) and sign permits. Determines revocations or modifications of animal permits and home occupation permits. May refer any matter assigned by ordinance to the Planning Director for decision to the Planning Commission for decision. Determines applications for sign approval when action is not required of the Council or Planning Commission. (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by section 29.10.0985. (11) Determines applications for section 29.10.09030 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants. (13) Prepares and sends notifications required by statute to the County Assessor. (14) Notifies applicants of hearings. (15) Keeps records of nonconforming signs and mails notices to owners of such signs. (16) Corrects the zoning map. 9 (17) Keeps lists of nonconforming uses and buildings. (18) Reviews applications for construction permits for ordinance compliance. (19) Determines parking requirements for uses whose parking requirements are not specified. (20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of nonconforming one- or two-family dwellings. (22) Reviews all required parking lot screening. (23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee. (25) Assists in the writing of ordinances. (26) Determines whether Iots have merged. (27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by section 29.10.155(1). (28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. 10 (30) Has those duties described in division 8 of this article. (31) Determines applications for accessory structures in R-1 zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings. Maintains a record of secondary dwelling unit'de 'elopment transfer credits and a list of pe sons nterested izi obt in.I; a ttansf ae'cred t` (Ord. No. 1316, § 5.60.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1617, 5-21-84; Ord. No. 1640, 3-4-85; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20-87; Ord. No. 1756, § I11, 8-1-88; Ord. No. 1758, § V, 8-1-88; Ord. No. 1798, § IV, 9-5-89) Cross reference(s)--Director of planning generally, § 20.10.010 et seq. Sec. 29.20.750. Planning Commission. The Planning Commission: (1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the general plan. (3) Hears and recommends all proposals for adoption and amendment of specific 11 plans. (4) May initiate zone changes and amendments to this chapter. (5) Hears and recommends proposals for zone changes, prezonings, and amendments to this chapter, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one (1) year of a similar application. (7) Determines variance applications. (8) Determines conditional use permit applications that are not assigned to the Development Review Committee. (9) Determines applications for architecture and site approval except those items listed in section 29.20.745. (10) Determines time extension when it would have had the power to grant the original approval. (11) Determines revocations and modifications of zoning approvals as provided in section 29.20.310. (12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (14) Determines whether to allow all deviations from the standards of this chapter 12 which are specifically authorized by this chapter except variances, and determines when stricter standards than those generally imposed by this chapter but specifically provided for in this chapter apply. (15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter or demolish structures, sites and areas designated, under the provisions of division 3 of article VIII of this chapter, or for which designation proceedings are pending. (16) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple -family developments in the R-M zone. (17) Determines applications for section 29.10.0980 tree permits. (18) Determines requirements for access to remote areas in the RC and HR zones. (19) Determines applications for neighborhood identification signs, and signs on freestanding walls. (20) Performs any functions required by statute or ordinance but not specifically assigned by this chapter. (21) Determines whether a nonconforming use is no longer lawful. (22) Forwards a recommendation to the Town Council concerning mobile home park conversion permit applications. 13 (23 Determines applications for demolitions conversion, removal of secondary dwelling units and the constrtiction of new units (Ord. No. 1316, § 5.60.200, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1496, 4-20-81; Ord. No. 1640, 3-4-85; Ord. No. 1756, § IV, 8-1-88; Ord. No. 1758, § VII, 8-1-88; Ord. No. 1815, § V, 3-19-90; Ord. No. 1963, § VI, 11-15-93; Ord. No. 2021, § IV, 8-5-96) SECTION II This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1997 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1997. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\ORDS\A-98-O LORD MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 14 April 11, 1998 Dear Los Gatos Town Council Members: cc: Planning Commission, Town Clerk '--47.r9 9,1 APR 1 4 ;OO;',N OF LO 'GATOS CF We are writing to you in advance of the April 20th Town Council meeting to inform you of our desire to demolish an approved secondary dwelling on our property at 334 Los Gatos Blvd., and to urge you to pass one of the two proposed Alternatives to the Town Code Sec. 29.10.310. We understand that the issue of amending the Town Code to allow the demolition of these units is on the agenda for the meeting. We want to explain the situation surrounding our desire to demolish the guest house on our property. We appreciate the town's reluctance to permit the loss of housing stock, but we feel at this time that this structure is uninhabitable and beyond repair. When we purchased the property, the secondary unit was accepted as is," and we spent several thousand dollars attempting to fix problems such as a extensively leaking roof, studs and wallboard heavily damaged by water, dry rot, termites, and mildew, ground water seepage through the concrete slab, and more. We then rented the guest house for a year lease which terminated in March 1998. At that time, our tenant informed us that the repairs did not solve the problems, and that for past few months, he has lived elsewhere. We consulted out general contractor, who is very familiar with the property and who had previously completed the repairs, and he has confirmed, per the letter he sent to the Martin Alkiar. town planner, on our behalf, that the only way to permanently fix the problems is to demolish the building and rebuild, estimated to cost upwards of $110,000. Despite the strong rental market, incurring the cost of rebuilding this structure is well beyond our abilities at this time, having recently completed an extensive remodeling of the main residence. Our desire is to the demolish the building which would otherwise remain vacant. We ask for the Town's consideration in permitting this work without further delay or additional costs. We have reviewed both of the alternative proposals before the Town Council regarding secondary dwelling units, and though both of them suit our purpose, we prefer to see Alternative-1 adopted so that there might be some overall reduction in the number of "guest cottage rentals." Importantly, we would like to see the proposal amended so that the Planning Department Staff might be able to grant the appropriate approvals and permits over the counter without requiring Planning Commission approval. We estimate that given the under the proposed processes, we would not be able to proceed with the project before mid -June — probably too late in the season to find qualified contractors. We appreciate your consideration in this matter. Please feel free to contact us if you need any information or have further questions. Yours ly Larry & Teri Peristein 334 Lost Gatos Blvd. Los Gatos, CA 95032 408 356-8846 ATTACHMENT 5 Town Council Minutes April 20, 1998 Redevelopment Agency Los Gatos, California COMMUNICATIONS EQUIPMENT/POLICE DEPARTMENT/RESOLUTION 1998-44 (20.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-44 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH MOTOROLA FOR THE PURCHASE OF COMMUNICATION EQUIPMENT, Carried unanimously. PARKING CITATIONS/ENFORCEMENT TECHNOLOGIES/RESOLUTION 1998-45 (21.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-45 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A THREE YEAR AGREEMENT AND FUTURE ANNUAL EXTENSION FOR UP TO TWO YEARS WITH ENFORCEMENT TECHNOLOGIES TO PROCESS PARKING CITATIONS. Carried unanimously. LOS GATOS CHAMBER OF COMMERCE FOR 1997-98 SERVICES/RESOLUTION 1998-46 (22.20) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-46 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH THE LOS GATOS CHAMBER OF COMMERCE FOR FISCAL YEAR 1997/98 SERVICES, Carried unanimously. HEARINGS TOWN OF LOS GATOS STRATEGIC PLAN 1998-2003/HEARING (23.10) Mayor Lubeck announced that this was the time and place so noted for public hearing to consider the Town of Los Gatos Strategic Plan for July 1, 1998 to June 30, 2003. There was no one from the audience to speak to this subject. Mr. Blanton noted for the record that the statement on page 8, to build a new public library when funding materializes, could cause some conflict when competition for funding occurs between building a new parking structure, funding road improvements and constructing a library. He believes that Council should prioritize these projects, and note the difference in the strategic plan so readers do not make false assumptions concerning the items addressed in the plan. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council adopt the 1998-2003 Strategic Plan for Los Gatos with the corrections made in the desk item received this evening. Carried unanimously. SECONDARY DWELLING UNITS/TRANSFERS/DEMOLITIONS/CONVERSIONS/REMOVALS ZONING ORDINANCE AMENDMENT/A-98-001/INTRODUCTION/HEARING (24.46) Mayor Lubeck announced that this was the time and place so noted for public hearing to consider amending the Town Code to allow the demolition, conversion, or removal of approved secondary dwelling units and the transfer of secondary dwelling unit development rights, Zoning Ordinance Amendment A-98-001. This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirement of the California Environmental Quality Act. Applicant: Town of Los Gatos. TC: D10: MM042098 4 Town Council Minutes April 20, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED SECONDARY DWELLING UNITS/TRANSFERS/DEMOLITIONS/CONVERSIONS/CONT. Lee Bowman, Planning Director, explained the two alternate Ordinances before Council this evening. One creates a pool of secondary units and the other eliminates the possibility of adding any secondary dwellings. A conditional use permit would be needed, and each application would be on a case by case basis. One person from the audience addressed this issue: Larry Perlstein, 334 Los Gatos Boulevard, asked for Alternative #1. He thinks not many people will ask to eliminate their secondary dwelling, but many will overburden staff by asking for a unit from the pool. Motion by Mr. Hutchins, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Alternative Number One which eliminates the choices for secondary dwellings. Motion failed by 2 ayes to 3 noes. Mr. Attaway believes that people who buy into certain residential neighborhoods purchase with certain expectations and do not expect to find a rental built next door. Mrs. Benjamin believes that neighborhoods should remain consistent. Mr. Hutchins would like to find a way to preserve a certain type of unique housing in Los Gatos if it meets with the approval of its neighbors. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Alternative Number Two which allows for Secondary Dwelling exchange. Carried by a vote of three ayes. Mr. Attaway and Mrs. Benjamin voted no because they believe this proposal does not protect existing neighborhoods. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE TO ALLOW THE DEMOLITION. CONVERSION. OR REMOVAL OF APPROVED SECONDARY DWELLING UNITS AND THE TRANSFER OF SECONDARY DWELLING UNIT DEVELOPMENT RIGHTS, and make the finding that Zoning Ordinance Amendment A-98-1 is consistent with the General Plan. Carried by a vote of 3 ayes. Mr. Attaway and Mrs. Benjamin voted no for reasons noted in prior record. TC: D 10: MM042098 5