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Accessory Dwelling Units - Desk Item and Exhibit 19 PREPARED BY: SALLY 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 TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 11/08/2017 ITEM NO: 2 DESK ITEM DATE: NOVEMBER 8, 2017 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: 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. REMARKS: Exhibit 19 includes public comments received between 11:01 a.m., Tuesday, November 7, 2017, and 11:00 a.m., Wednesday, November 8, 2017. As the Commission reviews the draft Town Code amendments, staff requests that the Commission discuss the questions identified under the topics outlined below. Design and Development Standards In September, the Commission recommended allowing accessory dwelling units on all lots (conforming and nonconforming) in residential zones subject to conformance with the Hillside Development Standards and Guidelines and other development standards. The minimum allowable lot size in Town (in the R-1D zone) is 5,000 square feet. Q: Should accessory dwelling units only be allowed on lots 5,000 square feet or greater in size, or on lots of any size? Setbacks In September, the Planning Commission recommended allowing new accessory dwelling units on hillside lots of all sizes, subject to the FAR, setback, and Least Restrictive Development Area (LRDA) provisions of the Hillside Development Standards and Guidelines (HSD&G). The PAGE 2 OF 3 SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/A-17-003 NOVEMBER 8, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments 11-08-17 DESK.docx 11/8/2017 1:27 PM proposed amendments now include language clarifying that a new accessory dwelling unit in the HR and RC zones shall comply with the setbacks of the zone for a primary dwelling unit (Exhibit 14, page 3). In addition, the proposed amendments will include language clarifying that they shall be located within the LRDA. Q: Is there any other clarifying language the Commission would like to include regarding hillside properties? Height In September, some Commissioners had concerns about potential privacy issues, most of the Planning Commissioners recommended allowing accessory dwelling units to be constructed 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 Commission did not recommend allowing new second-story attached or detached accessory dwelling units. Public comment (Exhibit 20) has requested consideration of allowing new second -story accessory dwelling units to be constructed above existing one-story detached garages. Q: Should new second-story accessory dwelling units be allowed to be constructed above existing one-story detached garages? EXHIBITS: Previously received with September 27, 2017 Staff Report: 1. Senate Bill 1069 2. Assembly Bill 2299 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. 19.10.150(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 PAGE 3 OF 3 SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/A-17-003 NOVEMBER 8, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments 11-08-17 DESK.docx 11/8/2017 1:27 PM Previously received with November 3, 2017 Staff Report 9A. Findings 10A. Senate Bill 229 and Assembly Bill 494 11. Neighboring 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 16. Public Comment received between 11:01 a.m., Wednesday, September 27, 2017 and 11:00 a.m., Friday, November 3, 2017 Previously received with November 7, 2017 Addendum Report: 16A. Public Comment received by 11:00 a.m., Friday, November 3, 2017 (not included in staff report) 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 Received with this Desk Item: 19. Public comments received between 11:01 a.m., Tuesday, November 7, 2017, and 11:00 a.m., Wednesday, November 8, 2017. This Page Intentionally Left Blank