Ord 2115 - Amending the Town Code Division 7, Sections 29.10.305 through 29.10.320, Section 29.10.3020, and Section 29.20.185(8)a regarding second dwelling unitORDINANCE 2115
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
TOWN CODE DIVISION 7, SECTIONS 29.10.305 THROUGH 29.10.320,
SECTION 29.10.3020, AND SECTION 29.20.185(8)a
REGARDING SECOND DWELLING UNIT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Division 7, Section 29.10.305 through 29.10.320 are repealed and replaced with the
following:
Division 7
Second Dwelling Units
Section 29.10.305. Intent and Authority
This division is adopted to comply with amendments to State Law §65852.2 which mandates that
applications for secondary dwelling units be considered ministerially without a public hearing.
It provides for the Town to set standards for the development of second dwelling units to
increase the supply of affordable housing in a manner that is compatible with existing
neighborhoods.
Section 29.10.310. Definitions
Existing Unlawful Second Units. An existing unlawful second dwelling unit is defined as a
second 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
second dwelling unit permit. Existing unlawful secondary dwelling units are eligible for a second
dwelling unit permit regardless of the zone in which the property is located.
New Second Dwelling Unit. A second dwelling unit is defined as an attached (with an interior
or exterior entrance) or a detached residential dwelling unit, created after June 1, 1983. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single - family dwelling is situated. A second dwelling unit also includes efficiency
units and manufactured homes.
Efficiency Unit. As defined by the Uniform Building Code.
Manufactured Home. As defined by the Uniform Building Code.
Nonconforming units. A nonconforming second dwelling unit is defined as a second dwelling
unit that exists under the following circumstances:
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(1) A unit is created or converted lawfully but due to a zone change or an amendment
to the zoning ordinance the unit has become nonconforming.
(2) The unit was lawfully created while in the County and upon annexation the unit
becomes nonconforming.
Section 29.10.315. Existing Unlawful Second Units
(a) Permits. The owner of a nonconforming second dwelling unit must obtain a second
dwelling unit permit. Any application received after December 31, 1987, shall be subject
to an application fee and may be subject to a civil penalty pursuant to section
29.20.960(4).
(b) Number. A maximum of two (2) existing second dwelling units are allowed on a single
lot. All other second dwelling units on the property must be abated.
(c) Units Existing in Town on June 1, 1983. An existing unlawful second dwelling unit in
Town, as defined in this chapter, for which an application for a second dwelling unit
permit was not filed by December 31, 1987, shall be treated as a new second dwelling
unit. If the unit does not qualify as a new second dwelling unit pursuant to section
29.10.320, the unit shall be deemed to be unlawful and will be abated.
(d) Units Existing in County. The owner of an existing unlawful second dwelling unit in the
County shall have 90 days following the date of annexation into the Town to apply for
a second 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 second dwelling unit. If the unit does not qualify
as a new second dwelling pursuant to section 29.10.310, the unit shall be deemed to be
unlawful and must be abated.
(e) Housing Code. Any unit receiving a second 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 unlawful second 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. 320 for new second dwelling units.
(g) Parking. Existing second dwelling units shall not be required to add parking in order
to comply with the parking requirements for second 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 the second dwelling
unit(s).
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(h) Remodeling, Reconstruction, Demolition, Conversion, or Removal. Remodeling,
reconstruction, demolition, conversion, or removal of second dwelling units shall be as
follows:
(1) Where a timely application under subsection .(c) has been filed and approved, a
second dwelling unit may be remodeled providing the building height, floor area
do not exceed that which is allowed for a new second unit.
(2) Community Development Director approval is required for the remodeling or
reconstruction of an existing second 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 and compatibility
(c) Colors.
(d) Setback conformity.
(e) Floor Area
Section 29.10.320 New Second Dwelling Units
(a) Incentive Program. Any second dwelling unit developed under an incentive program
established by resolution of the Town Council shall be made affordable to eligible
applicants pursuant to the requirements of the incentive program.
(b) Design and Development Standards.
(1) Number. Only one (1) new second dwelling unit may be permitted on a lot. No
second dwelling unit is allowed upon a lot with an existing second dwelling unit..
(2) Permitted Zones. Second dwelling units are allowed on conforming lots in the
R -1, R -M and R -11) zones.
(3) Setbacks. Second dwelling units shall comply with the setbacks of the zone.
(4) Height. Detached second dwelling units shall not exceed one (1) story in height.
and shall not exceed 15 feet in height.
(5) Maximum unit size and maximum number of bedrooms.
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Maximum Unit Size Maximum # Bedrooms
Attached 750 Sq. Ft. 1
Detached 900 Sq. Ft. 2
(6) FloorArea. All Second dwelling units (attached or detached) must comply with
the floor area ratio for primary structures.
(7) Lot Coverage. Second dwelling units must comply with lot coverage maximums
for the zone except with regard to the addition of a single efficiency unit.
(8) Parking. In addition to parking otherwise required for second 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 unit shall be provided prior to the
issuance of a certificate of use and occupancy and /or building permit, for the new
second dwelling unit. In addition to the number of spaces as set forth in this
section, additional spaces may be required if the following findings are made:
(a) additional parking is directly related to the use of the second unit
(b) additional parking is consistent with existing neighborhood standards
applicable to existing dwellings.
(9) Design, Form, Materials and Color. The design, form, materials and color of a
new second dwelling unit shall be compatible with the primary dwelling unit and
the neighborhood. Second dwelling units shall retain the single - family
appearance of the property.
(10) Town Codes and Ordinances. All new second dwelling units shall comply with
all the provisions of this chapter and other applicable Town codes.
(11) Building Codes. The second unit shall comply with applicable building, health
and fire codes.
(12) Expansion of Unit. Requests for expansion of a second dwelling unit shall be
subject to the same requirements as a new second dwelling unit. Expansion of
a second dwelling unit is defined as increasing the number of bedrooms or
adding floor area in excess of thirty (30) square feet.
(13) Denial. An application may be denied if it does not meet the design and
development standards. An application may also be denied if the following
findings are made:
(a) Acknowledgment of limiting the housing opportunities in the region
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(b) Adverse impacts on health, safety and /or welfare of the public
Section 29.10.325 Nonconforming units.
(a) Permits. The owner of a nonconforming secondary dwelling unit must obtain a
secondary dwelling unit permit. Any application received after December 31, 1987, shall
be subject to an application fee and may be subject to a civil penalty pursuant to section
29.20.960(4).
Where an application has been submitted for a nonconforming second dwelling unit
permit and Town records do not establish the nonconforming status of the second unit,
the property owner will have sixty (60) days from the date of notice the owner is
informed of the Town's findings to submit data to support their claim that the unit is
nonconforming.
If at the end of sixty (60) days data has not been submitted by the property owner to
establish the secondary dwelling unit is nonconforming to the satisfaction of the
Community Development Director, the unit shall be determined to be an existing
unlawful second dwelling unit pursuant to section 29.10.315 and subject to its
regulations.
(b) Units Existing at Time of Annexation. Upon annexation a lawful second dwelling unit
shall become nonconforming and the owner must either apply for a second dwelling unit
permit within one (1) year of the date of annexation, or the units shall be determined to
be unlawful second dwelling units pursuant to section 29.10.315.
(c) Number. A maximum of two (2) nonconforming second dwelling units are allowed on
a single lot. All other second dwelling units on the property must be abated.
(d) Housing Code. Nonconforming second dwelling units shall comply with the Town's
housing code as follows:
(1) Any nonconforming second dwelling unit receiving a secondary dwelling unit
permit pursuant to subsection (b) shall be required to comply with the Town
housing code.
(2) Any nonconforming secondary dwelling unit receiving a second dwelling unit
permit pursuant to subsection (c) 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.
(3) Where a timely application under subsection (b) or subsection (c) has been filed,
and approved, an extension from the compliance date of up to six (6) months
may be granted by the Community Development Department for good cause
shown. Any extension request for longer than six (6) months may be granted by
the Planning Commission upon finding that a hardship exists.
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(4) Remodeling and reconstruction: Remodeling and reconstruction of
nonconforming second dwelling units shall be as follows:
(a) Where a timely application under subsection (a) or subsection (b) has
been filed and approved, a secondary dwelling unit may be remodeled
providing the building height, floor do not exceed that which is allowed
for a new second unit.
(b) Community Development Director approval is required for the
remodeling or reconstruction of a second 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:
(1)
Building height
(2)
Building materials
(3)
Colors and material
(4)
Setback conformity
(5)
Floor Area Ratio
Section 29.10.330 Elimination or Demolition of Existing Second Units
In order to eliminate an approved second unit the Planning Commission shall make the finding
that the proposed removal is consistent with the Town's Housing Element of the General Plan.
In order to demolish an existing second unit, the Planning Commission must make the
demolition findings pursuant to section 29.10.09030.
SECTION II
Section 29.10.3020 is amended to read as follows:
Section 29.10.3020 Definitions
BMP Dwelling. Means any residential dwelling unit designated for very low, low, and moderate
income under the rules of this section.
SECTION III
Section 29.20.185(8)a is repealed.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
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Gatos on June 16, 2003 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 September 15, 2003. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAY OF THE TOWN OF LOS GATOS
LOS ATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
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