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Accessory Dwelling Units-- Addendum and Exhibits 16-18DATE: TO: FROM: SUBJECT: REMARKS: TOWN OF LOS GATOS PLANNING COMMISSION REPORT NOVEMBER 7, 2017 PLANNING COMMISSION MEETING DATE: 11/08/2017 ITEMN0:2 ADDENDUM JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING ACCESSORY DWELLING UNITS. TOWN CODE AMENDMENT APPLICATION A-17-003. PROJECT LOCATION: TOWN WIDE. APPLICANT: TOWN OF LOS GATOS. Exhibit 16 includes a public comment that was received by 11:00 a.m., Friday, November 3, 2017, but was not included with the Staff Report. In September, the Planning Commission requested information on junior accessory dwelling units (ADUs). Assembly Bill 2406 allows a local jurisdiction to adopt a junior ADU ordinance, however, a local jurisdiction is not required to do so . Junior ADUs are no more than 500 square feet In size, and are typically bedrooms within a primary dwelling unit that have an entrance from within the primary dwelling unit, a separate entrance from outside, and cooking facilities. They are not required to have a private bathroom. Exhibit 17 includes the State law as amended in 2016; Exhibit 18 includes additional public comments received between 11:01 a.m., Friday, November 3, 2017, and 11:00 a.m., Tuesday, November 7, 2017. EXHIBITS: Previously received with September 27, 2017 Staff Reoort: 1. Senate Bill 1069 2. Assembly Bill 2299 PREPARED BY: ·SALL V ZARNOWITZ, AIA, LEED AP Planning Manager Reviewed by: Community Development Director 110 E. Main Street Los Gatos, CA 95030 • 408-354-6874 www.losgatosca.gov PAGE20F2 SUBJECT : CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/ A-17-003 NOVEMBER 7, 2017 3. Chaptered changes in Government Code Section 65852.2 4. ARTICLE I. DIVISION 1. Sec. 29.10.020 Definitions 5. ARTICLE I. DIVISION 4. Sec. 19.10.1SO(c)(2) Parking 6. ARTICLE I. DIVISION 7 . Sec . 29.10.305-335 Accessory Dwelling Units 7. ARTICLE IV. DIVISION 1. Sec. 29.40.015 Accessory Buildings 8. Public Comments received by 11:00 a.m., Friday, September 22, 2017 Previously received with September 27, 2017 Addendum Report: 9. Public Comments received between 11:01 a.m., Friday, September 22, 2017 and 11:00 a.m ., Tuesday, September 26, 2017 Previously received with September 27, 2017 Desk Item: 10. Public Comments received between 11:01 a.m., Tuesday, September 26, 2017 and 11:00 a.m ., Wednesday, September 27, 2017 Previously received with November 8, 2017 Staff Report 9A. Find i ngs lOA. Senate Bill 229 and Assembly Bill 494 11. Ne ighboring jurisdictions' zoning regulations regarding accessory dwelling units 12. ARTICLE I. DIVISION 1. Sec. 29.10.020 Definitions, November 8, 2017 Draft 13. ARTICLE I. DIVISION 4 . Sec. 19.10.150(c)(2) Parking, November 8, 2017 Draft 14. ARTICLE I. DIVISION 7 . Sec . 29.10.305-335 Accessory Dwelling Units, November 8, 2017 Draft 15. ARTICLE IV. DIVISION 1. Sec. 29.40.015 Accessory Buildings, November 8, 2017 Draft Received with this Addendum Report: 16. Public Comments received between 11:01 a.m ., Wednesday, September 27, 2017 and 11:00 Friday, November 3, 2017 17. Assembly Bill 2406 18. Public Comments received between 11:01 a.m., Friday, November 3, 2017 and 11:00 a.m., Tuesday, November 7, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments U-OIH7 ADD.docx 11/7/201712:51 PM Sally Zarnowitz From: Sent: To: Subject: Dear Ms. Zarnowitz: Bill Walsh <coachbwalsh@gmail.com> Thursday, November 02, 2017 10:03 AM Sally Zarnowitz ADU Our home represents many in the town which have separate, alley-accessible garages. These garage units offer off-street parking as well as service accessibility for refuse and recycle collection. As such, there is an existing trade-off, privacy and peace for serviceability. Many detached garage units have existing second story living units or studios above, built legally prior to prohibitive zoning changes. Considering this classification of properties for legal inclusion to a zoning change consistent with State SB 1069 would not significantly compromise privacy, but would potentially add tens if not hundreds of much needed ADU's to our town. Sincerely, Bill & Sue Walsh 121 Johnson A venue Los Gatos, CA 95030 EXBIBlT 1 6 1 Today's Law As Amended Page 1 of2 Home r~&;nm~ , 1 LEGJSLATIVE INFORMATION Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-2406 Housing: junior accessory dwelling units. c201s-2016) SECTION 1. Section 65852.22 is added to the Government Code, immediately following Section 65852.2, to read: 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (l) Umit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (BJ A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. ( 4) Require a permitted junior accessory dwelllng unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound atten1Jation. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A) A sink with a maximum waste line diameter of 1.5 inches. (B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. (C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (l) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, . EmIBIT l 'l https ://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill _id=201520160AB2406 11/6/2017 Today's Law As Amended Page 2 of2 city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-ramify residence includes a junior accessory dwelling unit. (g) For purposes of this section, the following terms have the following meanings: (1) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-ramify structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation racilities with the existing structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to allow local jurisdictions the ability to promulgate ordinances that create secure income for homeowners and secure housing for renters, at the earliest possible time, it is necessary for this act to take effect immediately. https:/lleginfo.legislature.ca.gov/faces/billCompareClient.xhtml ?bill_ id=201520160AB2406 11/6/2017 Sally Zar11owitz From : Sent: To: Subject: Attachments: Sally, Good afternoon, Michael Rowe < peloncito@me.com> Monday, November 06, 2017 2:45 PM Sally Zarnowitz ADU Ordinance T ransmittal.pdf I have attached a brief summary of a group discussion I had with several of my former and current residential clients regarding the upcoming de cisions to be made regarding the future ADU ordinance to be adopted. Simple observations and opinions for your department and the com.missioners to consider when evaluating the variety of aspects in relation to the future ordinance. Hope they help to communicate the current opinions of some of the local residents. They may or may not be helpful as public input B est, M .Rowe Britt-Rowe peloncito@me.com (408) 656-4732 (cell) EXHIBIT 18 1 This Page .Intentionally Left Blank Britt-Rowe TOWN OF LOS GATOS 11 0 E. Main Street Los Gatos, CA 95030 Monday, November 6, 2017 RE : ADU Ordinance Discussion Town of Los Gatos Town Council Town of Los Gatos Planning Commission Town of Los Gatos Planning Staff, Mr. Joel Paulson & Ms. Sally Zarnowitz As an architectural design professional and myself a resident of Los Gatos for the last twenty five years, I wanted to thank you all for your efforts assisting to further the dialogue in adopting a correct and practical use of the Accessory Dwelling .Unit ordinances set forth by California Senate Bill 1069 and all subsequent addendum(s) to follow. I was very interested by the first Planning Commission discussion not only because I have many clients interested in constructing ADU's on their properties, but I also have an opportunity to convert my personal existing accessory building into a legal accessory dwelling unit. I wanted to take this opportunity to provide some comments from a design professional point of view as well as those from the perspective as a Town of Los Gatos property owner. I interviewed both past and present clients of mine and almost unanimously, the following comments are the opinions from our small focus group regarding the various aspects of the future ordinance for your consideration. A. Quantity: (1) This issue was brought up several times during the Commission's discussion not only by commission members but also noted by several public speakers. Our group's feeling is that only ONE legal accessory dwelling unit (ADU) should be allowed on any given residentially zoned property. This does not mean that additional smaller accessory support buildings should not be allowed such as sheds, carports, pool equipment buildings, arbors, etc .... But by lim iting an ADU to one additional dwelling unit per lot, the Town would be keeping within the "Spirit" of the Town of Los Gatos Residential Zoning Ordinances. I believe the intention of defining and classifying these residential zones was to provide residential habitation in the form of Single Family Residences as also defined in the California Building Code defined as Occupancy Types (R-3). However, with California's current housing issue , this Senate . Bill provides the opportunity of i ncluding a smaller, 108 N. ~>nta Cruz A'.'0. Los Gates. CA 9.':030 • P: 40-656-4732 E: pe!ondto@me com secondary dwelling to house parents, in-laws, and other fam ily members or friends in need of immediate housing. By allowing more than one ADU on a site , I th ink we, as the Town , run the risk of transforming single family residential neighborhoods to an actual multi-family arrangement. (2) One of the most important decisions to be made when considering adopting a comprehensive ADU policy will be the inclusi on of adaptability for all residentially zoned properties to conform to the state senate bill by means of one or more design options depending on circumstance. Providing several alternate methods to ach ieve a legal ADU based on each property 's situation and physical restrictions and/or current zoning constraints is truly the best approach in complying with the state 's bill. For some properties it might be not being able to provide parking due to lot shape and a designated setback as ·one speaker mentioned and experienced personally. For others, it may be a non-conforming lot that falls under a "gray area" when considering a potential ADU. The adopted policy/ordinance for future and existing accessory dwelling units needs to be clear, consistent, and applicable to all residential zones. Having potential adaptability and multiple design approaches and options to provide a s ingle additional dwelling unit is far more important than allowing multiple ADU's on a single property in my opinion . B. Size/FAR: (1) Our group's opinion regarding the size of an accessory uni t should be based on lot size or by zone designation. This "Sliding Scale" should include ALL residential zones to avoid discrimination and promote consistency. As one planning commissioner stated, hillside zones are already allowed to construct "Pool Houses" and/or other structures which can easily be converted or adapted to a legal ADU. Why prohibit an ADU in the hillside zone which only encourages illegal alteration of a "Pool House" by simply adding a kitchenette? The only necessary provisions required to install a kitchen in a non-ADU type approved accessory building is hot and cold running water, a sanitary drain and electricity. Most, if not all, non-ADU accessory buildings are equipped with these provisions in the form of a funct ioning bathroom, thus making the future conversion quite simple irrespective of its official building type classificat ion. (2) Legal accessory dwelling units should be permitted on smaller lots as well as those properties over 10,000 SF with the allowable FAR for the ADU adjusted accordingly as mentioned above . Property owners of smaller lots are still able to provide the needed housing the State of California is encouraging and by participating, they also can enjoy the benefits of having an accessory dwelling unit on their property. (3) It is also our opinion that if the Town of Los Gatos decides to place a fixed FAR allowance for an ADU based on lot size , it should be separate from that of t he main dwelling and garage FAR 's. In my experience, almost all of my clients request the maximum allowed FAR for their main residence for the sole purpose of maintaining current and future property values and will forego construction of an ADU if forced to decide between a larger house and an ADU . If the added FAR was forced to count against their "big picture", 95% of our group stated t hey would opt for a larger 108 N. Santa Cruz .~.'!9. Lo:; Gato3, CA 95080 • P: 408·656·4732 E: pe loncjto @me com main residence rather than provide an additional housing unit which seems to be contrary to the intention of the Senate Bill. D. Height: (1) Height will probably be the most difficult design elements to address and adopt. This being said, many of the "Historic" homes currently providing detached accessory building that also have "Granny Units", have these units above the garage. I have been told numerous time by the Town's Planning Department when designing additions and remodels to such homes, "Make sure you do not exceed demolition restrictions in order to retain these two story detached accessory dwelling units". If they were designed that way from day one which we try so hard to preserve, why should we deviate from replicating Los Gatos historic home designs in our present day? (2) They are not massive and bulky as we would all expect. And when designed correctly, they can be very complimentary to main dwellings while helping to solve the housing problem simultaneously. Perhaps only allowing windows/dormers to meet natural light & ventilation and egress by the means of front, rear and interior lot facing openings is a possible consideration? Environmentally, a 1.5 story design as one planning commissioner noted, also helps reduce lot coverage and hence limits impervious coverage which is another design element imposed on us by the State of California, specifically the CalGreen Building Codes. D. Lot Coverage: (1) Current lot coverage percentages may be fine with minor exceptions granted in the case of non-conforming or sub standard lots. But what happens when lot coverage prevents property owners from building a :egal ADU completely? If the lot coverage does not allow any increase !n footprint due to lot coverage restrictions, then effectively, the Town of Los Gatos Planning Department Is stating the new CA State Senate Bill does not apply to these lots. Revisiting the height question(s), allowing an ADU over an existing accessory garage (with limitations) or within an existing dwelling, may alleviate this issue completely when it comes to smaller lots where maximum allowable lot coverage come into play? While adding area over an existing structure increases FAR, it does not necessarily increase lot coverage. E. Parking: (1) We agree with most commissioners and public speakers that parking should not be the determining factor of whether a unit can be provided and approved or not. In the case where existing accessory garages are converted, driveways tend to long and accessible to the garage so tandem parking will almost surely be available. In cases where houses are provided with attached two car garages, typical driveways are also capable of providing additional parking on site as long as it allowed to be considered for compliance if located outside the building's setback requirements. 108 N. Sr,;ita Cruz Ave. Los fa.to ::;. (;A 95030 • P: 406-f;,;6-47:)2 E: ~e!oncito@me com (2) In downtown neighborhoods such as the Almond Grove , many houses are provided with "parking permits" even though those houses have alley access and accessory garages supplementary to the homes; They do not have driveways per say so maybe "O" additional parking requirements may be appropriate in those areas? F. Incentive: (1) Obviously, the spirit of this new CA Senate Bill is to encourage property owners to assist in providing additional housing. But as one commissioner stated, a "Deed Restriction " does exactly the opposite. Selling a home with an unexplained deed restriction showing up on a title report is often a difficult deal brokering element. In some cases, this ends up being the cause for the uninformed buyer to pull out. (2) Whatever codes are adopted to comply with the state directive, they need to be easily understood, easily navigated and even more so allowed with fairness to all property owners. The ideology here is to promote and encourage the further development of accessory dwelling units to meet our state's housing crisis. Above are only our opinions and suggestions regarding the situation at hand. I am sure your decisions to be made are in the best interest of the Town 's citizens and we look forward to future discussions on the topic . Best, Mike Rowe Britt-Rowe 108 N. t anta Cruz A r,. Los Gc'os, CA 95030 • P : '108-656-4732 E : pelonci to@me.com