Staff Report
PREPARED BY: SALLY ZARNOWITZ, AIA, LEED AP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2017
ITEM NO: 13
DATE: NOVEMBER 30, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-17-003. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE REGARDING ACCESSORY DWELLING UNITS.
RECOMMENDATION:
Accept the Planning Commission’s recommendation and introduce the draft Ordinance, by title
only, to amend Chapter 29 (Zoning Regulations) of the Town Code regarding accessory dwelling
units (Attachment 9).
BACKGROUND:
In 2016 Governor Brown signed Senate Bill 1069 and Assembly Bill 2299 (Attachment 1,
Exhibits 1 and 2), amending Government Code Section 65852.2 regarding accessory dwelling
unit regulations (Attachment 1, Exhibit 3). The intent of the new State law was to address the
current housing crisis and increase affordable housing opportunities by allowing more flexibility
in land use regulations. An application for a permit to create an accessory dwelling unit is
required to be approved or disapproved ministerially by a local jurisdiction, without
discretionary review, within 120 days of receiving the application. Local ordinances that do not
wholly conform to the new State law are superseded until conforming local ordinances are
adopted. At the Town Council Priority Setting Study Session on January 31, 2017, amendments
to Chapter 29 of the Town Code (Zoning Regulations) regarding accessory dwelling units was
identified as a strategic priority. In the Fall of 2017 the Governor signed Senate Bill 229 and
Assembly Bill 494 (Attachment 5, Exhibit 10A), further clarifying certain provisions for accessory
dwelling units.
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DISCUSSION:
A. Public Outreach
Staff reached out to the following organizations and requested input on the proposed Town
Code amendments regarding accessory dwelling units:
Santa Clara Valley Chapter of the American Institute of Architects (AIASCV)
Santa Clara County Association of Realtors (SCCAR)
Silicon Valley Association of Realtors (SILVAR)
In addition to reaching out to professional organizations, staff requested public input
through the following media and social media resources:
A half-page public notice in the newspaper;
A poster posted at the Planning counter at Town Hall;
On the Town’s website home page, What’s New;
On the Town’s Facebook page;
On the Town’s Twitter account;
On the Town’s Instagram account; and
On the Town’s NextDoor page.
To date, staff has also discussed the proposed amendments with approximately ten
different members of the public and design community.
B. Planning Commission
At the September 27, 2017 Planning Commission hearing, the Commission received the
Staff Report (Attachments 1 through 3), considered comments from the public, and
discussed the proposed draft Ordinance (see Verbatim Minutes, Attachment 4).
During the September 27, 2017 Planning Commission hearing, members of the public
provided comments, including support for the draft Ordinance, as well as concerns
related to:
The status of a deed restriction previously required to be recorded prohibiting an
accessory dwelling unit on an individual lot due to parking constraints; and
Questions about the definition of a nonconforming lot, deed restriction requirements
for low income units, and how Floor Area Ratio (FAR) standards would be applied for
existing square footage.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
NOVEMBER 30, 2017
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DISCUSSION (Continued):
The Planning Commission discussed input received during public testimony, and
and continued the item to November 8, 2017 with the following recommendations:
Parking
Allow accessory dwelling unit parking spaces in front setback areas and in a tandem
configuration;
Clarify that the exception to parking requirements apply to accessory dwelling units
within one-half mile of a public transit “stop;”
Define the term “car share vehicle;” and
Add an exception to parking requirements in cases where individual lots do not have
adequate area to provide parking.
Permitted zones
Allow accessory dwelling units on nonconforming lots in the R-1, R-M, R-1D, HR,
and RC zones.
Stories and height
Allow attached or detached accessory dwelling units within the existing space of a
two-story primary dwelling unit or accessory structure; and
Do not allow the construction of new two-story attached or detached accessory
dwelling units.
Size
Do not limit the allowable floor area of an attached accessory dwelling unit to 50
percent of the existing floor area of the primary dwelling unit; and
Allow a sliding-scale, up to 1,200 square feet, for the maximum size of accessory
dwelling units based on type (attached or detached), and lot size.
Require units to comply with the FAR and coverage standards for the zone.
Elimination of Existing Accessory Dwelling Units
Designate the Development Review Committee (DRC) as the primary decision-
making body for applications for elimination and/or demolition of accessory
dwelling units.
Other
Require accessory dwelling units in the HR and RC zones to comply with the HSD&G; and
Do not require a recorded deed restriction specifying that the accessory dwelling
unit shall be offered at a lower income rent (less than 80 percent AMI) if it is
occupied by someone other than a member of the household.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
NOVEMBER 30, 2017
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DISCUSSION (Continued):
At the November 8, 2017 Planning Commission hearing, the Commission received the Staff
Report (Attachments 5 through 7), considered comments from the public, and discussed the
proposed draft Ordinance (see Verbatim Minutes, Attachment 8).
During the November 8, 2017 Planning Commission hearing, members of the public
provided comments, including support for the draft Ordinance, as well as additional
concerns related to:
Questions about allowing parking in setbacks; and
State law requirements to allow at least one efficiency unit on a lot, defined as a unit no
larger than 150 square feet with partial kitchen or bathroom facilities.
The Planning Commission discussed the input received during public testimony, and
forwarded a recommendation to the Town Council for approval of the proposed Ordinance
with the following modifications:
1. Incorporate language on roof pitch from the Monte Sereno Ordinance (Attachment 5,
Exhibit 11);
2. Incorporate language on the location of the entrance door from the Campbell Ordinance;
3. Incorporate language prohibiting an exterior staircase from the Cupertino Ordinance,
with the exception that if an additional staircase is required to get to a second story,
that the square footage shall not be counted in the floor area ratio;
4. Incorporate language that an accessory dwelling unit shall not be placed in front of the
main unit from the Sunnyvale Ordinance; with the exception of the hillsides, where it
could be elsewhere as long as it complies with the requirements on setbacks;
5. Incorporate language requiring deed-restricted owner occupation of one unit from the
Campbell Ordinance;
6. Incorporate language prohibiting short-term rentals from the Campbell Ordinance; and
7. Incorporate language limiting the number of dogs and cats, consistent with the Town Code.
Attachment 9 contains the proposed Ordinance as recommended by the Planning
Commission.
C. Components of the draft Ordinance
Amendments to Chapter 29, including the following sections, are necessary to bring the
Town Code into conformance with the new State law regarding accessory dwelling units:
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DISCUSSION (Continued):
ARTICLE I. DIVISION 1. Sec. 29.10.020 Definitions
ARTICLE I. DIVISION 4. Sec. 19.10.150(c)(2) Parking
ARTICLE I. DIVISION 7. Sec. 29.10.305-335 Accessory Dwelling Units
ARTICLE II. DIVISION 7. Sec. 29.20.745-750 Assignment of Duties
ARTICLE IV. DIVISION 1. Sec. 29.40.015 Accessory Buildings
Definitions
The new State law mandates that the term “second” dwelling unit be replaced with that of
“accessory” dwelling unit. This requirement has been incorporated into the Definitions
Section (Attachment 9, page 1), and throughout the draft Ordinance. References to the
term “second” dwelling unit appear in other Town documents, including the 2020 General
Plan, the 2015-2023 Housing Element, and the Residential Design Guidelines. As the above
documents come forward for modification, staff will include the necessary amendments.
The definition of an attached accessory dwelling unit would also be revised to match
terminology used in the new State law by deleting the definition of an “interior accessory
dwelling unit” and replacing it with “contained within the existing space of a primary
dwelling unit or accessory structure” to match terminology used in the new State law
(Attachment 9, page 2).
Parking
The new State law mandates that parking requirements for accessory dwelling units shall
not exceed one parking space per unit or per bedroom, whichever is less. The new State
law mandates that local jurisdictions allow accessory dwelling unit parking spaces in
setback areas or through tandem parking, unless specific findings are made that such
parking is not feasible based upon specific site or regional topographical , or fire and life
safety conditions. The Planning Commission recommended allowing accessory dwelling
unit parking spaces in front setback areas and in a tandem configuration to further meet
the intent of the new State law. These requirements have been incorporated into the draf t
Ordinance (Attachment 9, page 2).
When a garage is demolished in conjunction with the construction of an accessory dwelling
unit or converted to an accessory dwelling unit, and those parking spaces are required to
be replaced, the new State law requires local jurisdictions to allow the replacement spaces
be located in any configuration on the lot, including as tandem spaces, or as mechanical
automobile lift spaces. These requirements have been incorporated into the draft
Ordinance (Attachment 9, pages 3 and 7).
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DISCUSSION (Continued):
The new State law mandates that local jurisdictions not impose parking requirements for
an accessory dwelling unit: that is located within one-half mile of public transit; within an
architecturally and historically significant historic district; within the existing space of a
primary dwelling unit or accessory structure; when on-street parking permits are required
but not offered to the occupant of the accessory dwelling unit; or when there is a car share
vehicle located within one block of the accessory dwelling unit. The Planning Commission
recommended clarifying that the exception to parking requirements apply to accessory
dwelling units within one-half mile of a public transit “stop,” and defining the
term “car share vehicle.” These clarifications have been incorporated into the draft
Ordinance (Attachment 9, pages 3 and 7).
The new State law also allows local jurisdictions to reduce or eliminate parking
requirements for an accessory dwelling unit. The Planning Commission recommended
adding an exception to the parking requirements for accessory dwelling units in cases
where individual lots do not have adequate area to provide parking. This exception has
been incorporated into the draft Ordinance (Attachment 9, pages 3 and 7).
Existing unlawful accessory dwelling unit section
The current Ordinance includes a section allowing for a moratorium period between
June 1, 1983 and December 31, 1987 for existing unpermitted accessory dwelling units in
the Town (Sec. 29.10.315). This section is no longer necessary, as an accessory dwelling
unit application received after December 31, 1987 is treated as a new accessory dwelling
unit, unless it is determined to be a nonconforming accessory dwelling unit due to a zone
change or annexation. This section has been deleted from the draft Ordinance because it is
no longer necessary, and to reduce confusion between the terms and regulations for
unlawful and nonconforming accessory dwelling units (Attachment 9, page 4).
Permitted zones
The new State law allows local jurisdictions to allow for the creation of accessory dwelling
units in areas zoned to allow single-family or multifamily use. Currently, accessory dwelling
units are allowed on conforming lots in the R-1, R-M, and R-1D zones. The 2015-2023
Housing Element Enhanced Second Unit Policy (HOU-1.2) recommended expanding the
allowable areas to include nonconforming lots 10,000 square feet or greater in the R-1,
R-M and R-1D zones; and lots five acres or greater in the Hillside (HR and RC) zones with
the recordation of a deed restriction. The deed restriction would specify that the
accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower
income renter (less than 80 percent AMI) if the unit is occupied by someone other than a
member of the household. The Planning Commission recommended allowing accessory
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DISCUSSION (Continued):
dwelling units on nonconforming and hillside lots of all sizes, subject to FAR standards and
the HDS&G without requiring recordation of a deed restriction. These requirements have
been incorporated into the draft Ordinance (Attachment 9, page 6), with the inclusion of a
5,000-square foot minimum lot size requirement, which aligns with the smallest minimum
lot size allowed in a residential zone (R-1D).
The allowance for an incentive program referenced in the Housing Element would remain to
encourage, but not require, homeowners to record a deed restriction to meet the Town’s
Regional Housing Needs Allocation (RHNA) for low income un its (Attachment 9, page 5).
Setbacks
The proposed amendments would clarify that attached accessory dwelling units are
required to meet all setbacks of the zone for the primary dwelling unit. The Planning
Commission recommended that language be added clarifying that detached accessory
dwelling units in the HR and RC zones are also required to comply with the setbacks of the
zone for a primary dwelling unit and must be located within the Least Restrictive
Development Area (LRDA) in conformance with the HDS&G. Detached accessory dwelling
units in the R-1, R-M, and R-1D zones are required to meet front setbacks and side
setbacks abutting a street of the zone for the primary dwelling unit, and are required to
have five-foot rear and side setbacks. The Planning Commission included in its
recommendation for approval, a provision that no accessory dwelling unit may be placed in
front of the primary dwelling unit in the R-1, R-M, and R-1D zones. Given the varying lot
conditions in Hillside areas, the Planning Commission did not feel this provision was
necessary in the HR and RC zones. These requirements have been incorporated into the
draft Ordinance (Attachment 9, page 6).
Stories and height
The proposed amendments would clarify that all new accessory dwelling units (attached
and detached) shall be limited to one story and 15 feet in height. The new State law
mandates that an accessory dwelling unit shall be permitted if it is proposed to be
contained within the existing space of a primary dwelling unit or accessory structure, and
would therefore be permitted within the existing second-story space of a primary dwelling
unit or accessory structure. Most of the Planning Commissioners supported the
construction of accessory dwelling units within the existing space of the second floor of a
primary dwelling unit or accessory structure, including new window openings for e gress,
light, and ventilation. The Commissioners did not support the construction of new two-
story attached or detached accessory dwelling units. These requirements have been
incorporated into the draft Ordinance (Attachment 9, pages 6 and 8).
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DISCUSSION (Continued):
Size
The new State law includes a provision that no size requirement shall be established by a
local jurisdiction that does not permit at least an efficiency unit (150 square feet with
partial kitchen or bathroom facilities) to be constructed in compliance with local design
and development standards, such as setbacks and height. The new State law allows local
jurisdictions to limit the floor area of an attached accessory dwelling unit to 50 percent of
the existing living area, or 1,200 square feet. The Planning Commission did not
recommend limiting the allowable floor area of an attached accessory dwelling unit to 50
percent of the existing floor area of the primary dwelling unit. The Commission
recommended allowing a sliding-scale, up to 1,200 square feet, for the maximum size of
accessory dwelling units based on type (attached or detached), and lot size. The proposed
amendments would retain the 750-square-foot allowable floor area for attached accessory
dwelling units on lots between 5,000 and 9,999 square feet and increase the allowable
floor area to 900 square feet for attached accessory dwelling units on lots 10,000 gross
square feet or greater. The 900-square-foot allowable floor area would be retained for
detached accessory dwelling units on lots between 5,000 and 9,999 square feet and would
be increased to 1,200 square feet on lots 10,000 gross square feet or greater.
Accessory dwelling units would not be subject to the Administrative Procedure for Minor
Residential Projects, even if they are greater than 450 square feet. Additionally, accessory
dwelling units in the Hillside Residential zones would not be subject to discr etionary DRC or
Planning Commission review, regardless of whether they were greater than 600 or 1,000
square feet. Maximum sizes would continue to be subject to FAR and coverage limits for
the zone, with the provision that enclosed entrance stairway space, when needed, would
be excluded from FAR and coverage standards. These requirements have been
incorporated into the draft Ordinance (Attachment 9, page 6).
Design, form, materials, and color
The current Ordinance requires the design, form, materials, and color of an accessory
dwelling unit to be compatible with those of the primary dwelling unit. The Planning
Commission’s recommendation included a provision requiring roof pitches to be
compatible, and prohibiting entrances serving the accessory dwelling unit from being
constructed on any elevation facing a public street . These requirements have been
incorporated into the draft Ordinance (Attachment 9, page 7).
Conversion of Existing Space
The new State law mandates that an accessory dwelling unit shall be permitted if it is
proposed to be contained within the existing space of a primary dwelling unit or accessory
structure. The proposed amendments would specify that such an accessory dwelling unit
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DISCUSSION (Continued):
shall be permitted if it is located within a zone for single-family use, has a separate
entrance from the primary dwelling unit, and has existing side and rear setbacks sufficient
for fire safety. Most of the Planning Commissioners supported the construction of
accessory dwelling units within the existing space of the second floor of a primary dwelling
unit or accessory structure, including new window openings for egress, light, and
ventilation. The Planning Commission’s recommendation included a provision excluding
the area of an enclosed accessory dwelling unit entrance stairway from countable floor
area for the purposes of FAR and coverage calculations. This exclusion has been
incorporated into the draft Ordinance (Attachment 9, page 8).
Elimination of Existing Accessory Dwelling Units
Town Code currently designates the Planning Commission as the decision-making body for
applications for demolition, conversion, removal of accessory dwelling units, and the
construction of new units. State law superseded the requirement for Planning Commission
approval for the construction of new units in 2003. The Planning Commission
recommended the DRC as the primary decision-making body for applications for
elimination and/or demolition of accessory dwelling units. This modification has been
incorporated into the draft Ordinance (Attachment 9, page 10).
Owner-occupation and rentals longer than 30 days
The current Ordinance does not require owner-occupation of either a primary or accessory
dwelling unit. The new State law allows local jurisdictions to require owner-occupation
and rental terms longer than 30 days. The Planning Commission included in its
recommendation for approval a provision requiring deed-restricted owner occupation of
either the primary or accessory dwelling unit, and a provision prohibiting rental terms less
than 30 days. These modifications have been incorporated into the draft Ordinance
(Attachment 9, page 8).
Number of dogs and cats
The Planning Commission’s recommendation included a provision requiring accessory
dwelling units to conform with the Town Code regarding the maximum number of dogs
and cats. A requirement to comply with Section 4.40.010 of the Town Code has been
incorporated in the draft Ordinance (Attachment 9, page 8).
The draft Ordinance (Attachment 9) details the proposed amendments. All new text is
shown as underlined font and all deletions are shown with strikethrough font.
Modifications included in the Planning Commission’s recommendation are provided in
bold font. Additional discussion and supporting information for the proposed
amendments are available in the materials for the September 27, 2017 Planning
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DISCUSSION (Continued):
Commission hearing (Attachments 1 through 3) and verbatim minutes (Attachment 4), and
the materials for the November 8, 2017 Planning Commission hearing (Attachments 5
through 7) and verbatim minutes (Attachment 8).
D. Planning Commission Recommendation
At the November 8, 2017 hearing, the Planning Commission discussed input received during
public testimony, and forwarded a recommendation to the Town Council for approval of the
proposed amendments (Attachment 9) with modifications as outlined above.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061(b)(3)] (Attachment 9);
2. Make the required finding that the Town Code (Zoning Regulations) amendments are
consistent with the General Plan (Attachment 9); and
3. Introduce the Ordinance of the Town of Los Gatos affecting the amendments of the Town
Code regarding accessory dwelling units A-17-003 (Attachment 9), by title only, with any
specific changes identified and agreed upon by the majority of the Town Council.
ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer the item back to the Planning Commission with specific direction; or
3. Take no action, leaving the Town Code unchanged.
CEQA DETERMINATION:
There is no possibility that the project would have a significant impact on the environment;
therefore, the project is not subject to the California Environmental Quality Act [Section
15061(b)(3)].
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PUBLIC COMMENTS:
No public comments have been received.
Attachments:
1. September 27, 2017 Planning Commission Staff Report (with Exhibits 1-8)
2. September 27, 2017 Planning Commission Addendum (with Exhibit 9)
3. September 27, 2017 Planning Commission Desk Item (with Exhibit 10)
4. September 27, 2017 Planning Commission Verbatim Minutes
5. November 8, 2017 Planning Commission Staff Report (with Exhibits 9A-16)
6. November 8, 2017 Planning Commission Addendum (with Exhibit 16A-18)
7. November 8, 2017 Planning Commission Desk Item (with Exhibit 19)
8. November 8, 2017 Planning Commission Meeting Verbatim Minutes
9. Draft Ordinance Amending Town Code Chapter 29