Ord 2043 - 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 rightsORDINANCE 2043
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:
Sec. 29.10.305. Intent.
This division is adopted to fulfill the requirements of the housing element for regulating
secondary dwelling units.
See. 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
00
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.
(g) Parlring. 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, reconstruction, demolition, conversion, or removal. Remodeling,
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
0
00
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 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:
a. The proposed demolition, removal, or conversion is compatible with
the architectural and/ or historic character of the existing residence
and its surroundings.
b. The proposed conversion is compatible with the permitted uses of the
zoning district.
If the Planning Commission approves the demolition, removal, or conversion in use
of a secondary dwelling unit, the development rights for that unit shall transfer the
Town of Los Gatos at the time of demolition, removal or conversion.
The Planning Director shall maintain a record of these development transfer credits
and make them available for use by the public for new secondary unit applications on
a first come first serve basis.
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.
3
00
(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:
1) As an accessory use to a primary dwelling in those zones as shown in the table
of conditional uses (section 29.20.185). Secondary dwelling units permitted
in any PD (planned development overlay) zone are subject to being part of the
planned development ordinance; or
2) In conjunction with the transfer of an available secondary dwelling unit
development credit and a conditional use permit approved by the Planning
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 minimum lot size of 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.
Exception:
New secondary units that are created by transfer of development rights are limited 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
Gl
00
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 limited 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
Gl
00
development regulations 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.
(i) Parking. In addition to parking otherwise required for Secondary 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 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 of development rights. Upon demolition, removal, or conversion in use of a
secondary dwelling unit, the development rights for that unit shall transfer to the Town of Los Gatos,
5
00
The Planning Director shall maintain a record of these available development transfer credits and shall
make 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 establish a corresponding waiting list for any
persons interested in obtaining a development transfer credit.
In order for the transfer of development rights to be final, the Planning Department must
receive verification that the property owner of the new secondary unit has obtained a Conditional Use
Permit for the new unit from the Planning Commission and vested the approval as specified in Town
Code Section 29.20.335.
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 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
C�
00
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.
7
00
(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.
(32) Maintains a record of secondary dwelling unit development transfer credits and a list
of persons interested in obtaining a transfer credit.
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) 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 which
�3
00
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.
(23) Determines applications for demolition, conversion, removal of secondary dwelling
units and the construction of new units.
H
6
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on April 20, 1998 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 May 4, 1998.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
Steven Blanton, Jan Hutchins, Mayor Linda Lubeck
NAYS:
Randy Attaway, Joanne Benjamin
ABSENT:
None
ABSTAIN:
None
SIGNED: '`- �
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
r - C::�:N- ) 'D
)qt X 1 (2 4
CLERK OF THE TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
10
00