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12 Attachment 3LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Melanie Hanssen, Chair Kathryn Janoff, Vice Chair Mary Badame Jeffrey Barnett Kendra Burch Matthew Hudes Reza Tavana Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 3 LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HANSSEN: Now we will move on to Agenda Item 4, which is Town Code Amendment Application A-20-001, project location Town Wide. Project Applicant is the Town of Los Gatos. We are asked to forward a recommendation to the Town Council for approval of amendments to Chapter 29 (Zoning Regulations) of the Town Code this time regarding Accessory Dwelling Units, and Ms. Zarnowitz, I understand you'll be giving the Staff Report this evening. SALLY ZARNOWITZ: Yes, thank you. Also in October 2019 new law was passed regarding Accessory Dwelling Units, or ADUs, and the laws pertained particularly to the sizes, locations, number of ADUs allowed, and the parking. Before you tonight is a Draft Ordinance which addresses those changes and amends the zoning regulations to address those changes. Also in the discussion there are options for less restrictive regulations should the Commission recommend those to the Town Council. Jurisdictions have the right to be less restrictive than the state would even require, and so there are several of LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those options in the Staff Report pertaining primarily to locations and setbacks. That concludes Staff's report and we are here to answer questions. CHAIR HANSSEN: Do any Commissioners have questions of Staff? Commissioner Badame. COMMISSIONER BADAME: Do we have any regulations to prevent ADUs from being used as an Airbnb? SALLY ZARNOWITZ: Yes, the Airbnb, or the Short- term Rental Ordinance that went through recently prohibited new ADUs from being used as a short-term rental. COMMISSIONER BADAME: Thank you. CHAIR HANSSEN: Any other questions for Staff? All right, seeing none then I will invite comments from members of the public. Is there anyone that would wish to make comments on this item? It appears not, so then I will close… Oh, I'm sorry. I apologize. So, please step to the podium and state your name and address, and you'll have up to three minutes. JENNIFER KRETSCHMER: Hello, my name is Jennifer Kretschmer, AIA. I live at 101 Old Blossom Hill Road. I'm a resident and a business owner. I am also the vice president of the AIA Silicon Valley Chapter and on the board of LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 directors for the AIA California, although I'm here to speak primarily on behalf as a resident and business owner in Los Gatos. The main item that I would like to address is the decision to not allow Accessory Dwelling Units in front of primary residences, primarily because the state does require cities or towns to allow existing buildings to be converted into ADUs. We have a situation in this town where we do have a lot of older homes that are small enough to be considered an ADU, and rather than seeing those smaller homes demolished in order to build a larger home and then they still put an ADU in the back, I would like to propose that the Commission here consider existing infrastructure to be allowed to be a detached ADU in front of a primary residence. The other thing that I'd like you to consider is that the current amendments are allowing four setbacks of 4'. That is quite adequate but we could go so far as 3' and still comply to building codes and still have space to go around the structure, and therefore leave more open space in the yards of properties if the detached ADU is pushed all the way towards the back of the property. It still allows for preventative fire measures, so that is one other LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 consideration that I'd like you to think about, and that's it. CHAIR HANSSEN: Do any of the Commissioners have questions for the speaker? Commissioner Hudes. COMMISSIONER HUDES: I had two questions. With regard to the setback, would changing the setback in any way allow certain ADUs to be larger than they otherwise would be? JENNIFER KRETSCHMER: No, it should not as long as the Town is complying to the state regulations as far as size. COMMISSIONER HUDES: But there's a difference between the distance in some small lots, whereby having more setback the structure would be farther away and potentially could be larger because of the distance from the main structure, correct? JENNIFER KRETSCHMER: I think you could end up making it larger one way or another depending on the space that's allocated. There are distances that are required from the existing primary structure so you can't build them, even for fire code, right up next to each other, so that also limits how large an ADU can be. LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HUDES: Okay. I had another questions, if I may? CHAIR HANSSEN: For the speaker? COMMISSIONER HUDES: Yeah. CHAIR HANSSEN: Sure. COMMISSIONER HUDES: The first point that you made about putting an ADU in front of a primary dwelling, does that apply to historic as well? JENNIFER KRETSCHMER: I think that that's actually one of the best ways to utilize that. We have a few structures where I know people are considering adding almost what I would call a Frankenhouse. In order to keep the existing character of the original small, historic home they're adding a giant addition onto the back. If they would have the option of keeping that smaller, historic home still in the front area, and if they have of course enough lot size and enough FAR to build the main structure behind, then the existing neighborhood character of the street could remain without that existing historic structure being demolished or being altered in such a way. COMMISSIONER HUDES: So, are you referring specifically to the language that says, "An option. A standard has been included in the Draft Ordinance LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 clarifying that no Accessory Dwelling Unit may be constructed in front of a Primary Dwelling Unit that is a historic resource," and are you suggesting that we should adopt that option? JENNIFER KRETSCHMER: Correct. I am specifically speaking to Section 29.10.320(b)(3). COMMISSIONER HUDES: Okay, thank you. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Just a question about the setback. The option that I'm reading is not speaking to a detached Accessory Dwelling Unit but an attached Accessory Dwelling Unit and it's asking about whether essentially to limit it from the current, which is a 5' setback, to allow a four foot setback. The question I have for you is we currently require a 5' distance between a primary residence and an Accessory Dwelling Unit, so if we use the term "circulation" what's your thought about not having a 5' circulation, which is generally the requirement for a detached? It's not a setback from the property line. JENNIFER KRETSCHMER: Right. VICE CHAIR JANOFF: So, if you're suggesting this… And again, this is referring to attached, that's what the option language before us… LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JENNIFER KRETSCHMER: Right. VICE CHAIR JANOFF: I understand your point about the detached. JENNIFER KRETSCHMER: Right. VICE CHAIR JANOFF: Would you also say that you would advocate either the 4' or even the 3' setback if it's an attached ADU? JENNIFER KRETSCHMER: No, I think if it's attached it needs to be attached; there shouldn't be any breezeway. I mean, if they want to design a breezeway they could be allowed a breezeway, but it should not be required. VICE CHAIR JANOFF: No, I'm not talking about the breezeway, I'm saying… Let's say it's right smack against the primary dwelling unit. What kind of setback are you advocating for that Accessory Dwelling Unit on the property? JENNIFER KRETSCHMER: Got it. The setback that is for the new writing in the code is acceptable; it's the 5'. VICE CHAIR JANOFF: Five feet. JENNIFER KRETSCHMER: Yeah. VICE CHAIR JANOFF: Thank you. LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Any other questions for the speaker? Thank you very much for your comments; it was very helpful. Is there anyone else from the public that would like to speak on this item? Sure I didn't miss anyone? Okay, seeing none, then I will close the public portion of the hearing and then ask if any of the Commissioners would like to ask any additional questions of Staff? Before we proceed forward with any motions or anything I did want to make a comment that in the Staff Report there is the request to forward a recommendation to Council for adopting the changes that the state has designated, and then as Ms. Zarnowitz mentioned there are several options that we could also consider that would be more lenient than the state code if we want to facilitate the development of ADUs. What I'd like to do in terms of process is have the Commission vote first on the recommendation to adopt the state law changes and then consider each of the options separately, and we don't need to reopen the public hearing for that but we can discuss each one and then vote as to whether we'd like to go in that direction or not in the recommendation. So, that being the case are there any additional questions for Staff, comments that Commissioners LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would like to make, or would anyone like to make a motion on the first item, which would be to adopt the state law changes? Commissioner Barnett. COMMISSIONER BARNETT: I had a very small nit to pick on pages six and seven of the Draft Ordinance and that is that Item 8 at the top of page 6 requires one parking unit per unit for an Accessory Dwelling Unit and then it's followed by six exceptions, and I was proposing an additional exception to tie in or to make consistent paragraph 13(d) on page seven. So the import of this is that it would harmonize the Draft Ordinance Section 29.10.320(b)(8) on page six with Section 29.10.320(b)(13)(d) on page seven. In other words, that there would be no parking spaces required for Accessory Dwelling Units. CHAIR HANSSEN: So, you're suggesting to make a correction to the Draft Ordinance? COMMISSIONER BARNETT: Correct. CHAIR HANSSEN: Could Staff… SALLY ZARNOWITZ: Yes, I think the understanding was that that might relate to Junior Accessory Dwelling Units was the consistency that the Commissioner might be looking for. Section 13 is about the conversion of existing LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 floor area, and so the conversion does exist. Maybe it's number 3 under A, (8)(a)(3), "The ADU is within the existing space of a primary dwelling or an existing accessory structure," and did you want to add "Junior" to that, or "Junior ADU"? CHAIR HANSSEN: Commissioner Barnett. COMMISSIONER BARNETT: Yeah, that was the intent and I did discuss it with Ms. Zarnowitz. CHAIR HANSSEN: Okay, so you would be comfortable if they made that change that you recommended with the language in the ordinance? COMMISSIONER BARNETT: Yes, to harmonize those two sections. SALLY ZARNOWITZ: Yes, and to clarify, we can go back to make sure those two sections match, which was, I believe, the Commissioner's concern. CHAIR HANSSEN: Other comments from Commissioners? Would anyone like to make a motion for the Draft Ordinance, and then keeping in mind that we'll discuss the different options that were presented in the Staff Report subsequent? Commissioner Badame. COMMISSIONER BADAME: I'll try a motion. I move to forward a recommendation to the Town Council for Town LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Code Amendment Application A-20-001, amendments to Chapter 29 of the Town Code regarding Accessory Dwelling Units, with the addition of the changes as recommended by Commissioner Barnett. I can make the required findings for CEQA, and I can make the required findings for the General Plan per Exhibit 1. CHAIR HANSSEN: Is there a second? Commissioner Hudes. COMMISSIONER HUDES: Second. CHAIR HANSSEN: Would anyone else like to make comments on the motion before we take a vote? Seeing none, all in favor? Opposed? Passes unanimously. And are there appeal rights for the motion? SALLY ZARNOWITZ: No, there are not because it's a recommendation to Town Council. CHAIR HANSSEN: Thank you. All right, so having done that I thought we ought to go through the different options that are in the Staff Report and make a recommendation as to whether we would wish to recommend to Council to be more lenient then the language in the state law. The first option, and I might ask Staff to give additional explanation. I mean, it's described here but the LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first option is on page 3, and as I understand it, it has to do with whether or not… There is a limit of two ADUs that can be had, but the state law says detached or an additional Junior ADU inside the house, and then do we want to add an attached ADU as one of the possibilities, and so if you could comment on that, if I got that right. SALLY ZARNOWITZ: That's correct, and I have a sketch if you want to see an example of an attached or a detached with the Junior. So the Junior ADU as defined by the state as within the primary residence. CHAIR HANSSEN: I think we would like to see the drawing. SALLY ZARNOWITZ: The Junior ADU is within the residence and we'll have an example of a Junior ADU in the residence and then a detached Accessory Dwelling Unit, which is what the state requires, and then we also have an example of attached, which the state does not require that jurisdictions allow it. So, this is what the state would require to be allowed and that's what the ordinance allows right now, a detached. The Junior ADU is within the primary dwelling plus 150 square feet are allowed for egress. That's what the state is allowing and then the question is would the Town want to allow the Junior ADU on the bottom LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and then the attached ADU all in one structure? So, it wouldn't increase the numbers. One could still have one ADU and one Junior ADU, it's just a question of whether or not you would allow that second ADU to be attached. CHAIR HANSSEN: Do any Commissioners have questions or comments on that? Commissioner Burch first. COMMISSIONER BURCH: I definitely think we should support that. I think that that's going to be easier on a homeowner to provide… That's a much simpler modification or construction than a completely detached unit that has to be built. I don't see anything wrong with that. CHAIR HANSSEN: Other comments? Vice Chair Janoff. VICE CHAIR JANOFF: Yeah, I would agree with Commissioner Burch. We do want to increase the housing units, and so this is a good way to do it and giving homeowners the flexibility to accommodate the nuances of their property makes good sense. Question for Staff. Is there also an option, if you go back to the first diagram, that the Junior ADU could be associated with the ADU? SALLY ZARNOWITZ: Yeah, there should be another one where there's a Junior ADU. There we go. That is the LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 second question in this option. Yes, would the Town like to allow a Junior ADU not just within the primary but within the space of an accessory structure or a larger ADU? VICE CHAIR JANOFF: So, before us is the option to allow for both, this as well as the prior slide? SALLY ZARNOWITZ: Right, still with the same number of one ADU and one Junior ADU. VICE CHAIR JANOFF: Okay. My general comment is yes. I mean, why make it more difficult for homeowners to manage efficient building of their property and allow for these additional units? CHAIR HANSSEN: Question for Staff. Allowing this option they wouldn't be able to have additional square footage, or would they? Because there's a limit on the total square footage for a detached ADU, so if the Junior is… Does that imply that you add the… It could be larger than it was before? SALLY ZARNOWITZ: There are all these kinds of questions. The detached ADU would have a certain size up to the 1,200, and then the Junior ADU would come out of that one would assume, which would reduce the size of the ADU just as the Junior ADU reduces the size of the primary dwelling, the main house. LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Okay. SALLY ZARNOWITZ: And the Junior ADU still wouldn't be able to be more than 500 square feet. The Junior ADU doesn't necessarily have to have its own restroom; it can share a restroom with the main dwelling, and it just has a little counter and appliance for cooking. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: So, do we need to specify that? It may be our understanding, but do we need to say that in this scenario where you have a detached ADU and the Junior ADU in one building the total does not exceed 1,200 square feet? SALLY ZARNOWITZ: I'm seeing that that might be a good idea from the attorney. VICE CHAIR JANOFF: I'm just concerned that we might have a 1,200 ADU and a 500 Junior ADU in that scenario, which is not our intent. SALLY ZARNOWITZ: Right, and the state requires that you allow up to an 800 square foot ADU, so that would be 1,300. VICE CHAIR JANOFF: Would we need to say up to 1,300 if it's joined? Can we have two Junior ADUs? SALLY ZARNOWITZ: Well, no. No, you can't. LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR JANOFF: Well, I'm just wondering if there's a minimum ADU and a maximum or a set Junior. Then if this is the scenario that's brought before the Town we might want to say yes to 1,300 square foot total. I mean, considering that these are ministerial decisions and there's no discretion, the more that we bound that envelope to make it perfectly clear seems reasonable. SALLY ZARNOWITZ: It does, and I think we can take that direction and look at it more closely as well, because there are other regulations pertaining to accessory structures on lots and so we could look at that and see how that would play out, but the main idea of the Junior ADU is that it is within the existing space or proposed space— which becomes, I know, complicated—of a structure. JOEL PAULSON: If the Commission is ultimately interested in providing that direction we can carry that information forward to the Council and then provide them with our findings and then they can make that decision. CHAIR HANSSEN: One more question for Staff. Relative to Vice Chair Janoff's question though, by definition a Junior ADU is then a primary dwelling, so you can't have a Junior ADU within a Junior ADU, right? LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SALLY ZARNOWITZ: Well, the state allows the jurisdiction to limit it to that definition, but should you wish to take it beyond that we can revise that definition if that's the direction you're giving. As Mr. Paulson said, we can look at that and move it forward. JOEL PAULSON: But you theoretically could have a 499 square foot Junior ADU and a 480 square foot detached ADU, so just because it's less than 500 does not make it a Junior ADU, so ultimately it's kind of semantics but technically you could have a detached ADU that's less than 500 and an attached that's within the existing home that's less than 500 and one of them is going to be a Junior ADU and one of them is going to be a regular detached ADU. CHAIR HANSSEN: Right, okay. I'm thinking we should make… I'm going to ask Staff. Would you like us to make a motion and vote on these or just have comments about whether we think it's a good idea or not? JOEL PAULSON: I think it would be helpful for Council's discussion to actually have a motion. SALLY ZARNOWITZ: Yeah, since it's not in the first motion, then just have individual motions. CHAIR HANSSEN: All right, and I think we can do this fairly quickly, so let's do that. So, this option is LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two different options, which is kind of the A and B. There's the adding the attached ADU as an option and then the Junior ADU within the detached. So, would someone be willing to make a motion about whether we want to do that or not? Commissioner Burch. COMMISSIONER BURCH: I'm going to make a motion that based on the diagrams shown by Staff for the two options I would move to forward a recommendation of approval to Council and note some of the conversation that has occurred based on the configuration of square footage. CHAIR HANSSEN: Is there a second? Commissioner Tavana. COMMISSIONER TAVANA: I'll second that. CHAIR HANSSEN: Are there any comments from Commissioners on this item? Seeing none, I will call the question. All in favor? Opposed? Passes unanimously. The next option says no Accessory Dwelling Unit… It's in the Draft Ordinance and do we want to be more lenient that, "No Accessory Dwelling Unit may be constructed in front of a primary dwelling that is a historic resource to prevent adverse impacts on historic resources." But we could recommend allowing this option to create Accessory Dwelling Units in front of historic LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 resources to add more flexibility. So, comments on that? And I don't know if Staff wants to clarify any more than that. SALLY ZARNOWITZ: I would just say that pertaining to the public comment that we got that it's not the intent that this language would preclude the conversion of existing accessory structures or square footage to an ADU in front of a historic resource, so if there's a gatehouse or some sort of structure in front of it or that that could be converted to an ADU. CHAIR HANSSEN: So, this questions is whether we allow people to construct a new ADU that isn't there right now in front of a historic resource? SALLY ZARNOWITZ: Yes. CHAIR HANSSEN: Okay. Commissioner Burch. COMMISSIONER BURCH: I just want to make sure before I make my other comments I'm clear. We do have some properties downtown that are these very tiny, original little bungalows but that are existing, so would this say that for the sake of keeping historic we would allow that to become an ADU just like… Is that semantics correct? SALLY ZARNOWITZ: That correct, because it's existing. LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: Okay. All right, thank you. CHAIR HANSSEN: I just want to ask a clarifying question, then Commissioner Hudes. We can't prevent that anyway, or is this something we need to vote on, where they have a detached Accessory Dwelling Unit, or it's not a dwelling unit but an accessory unit in front, we have to vote whether to allow that or not, or they can automatically do it because of the state law? SALLY ZARNOWITZ: They can convert the existing floor area; that would be allowed by the state law and by the ordinance as it's written. The question would be could they build a new ADU in front of the small bungalow? CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: I would strongly oppose that option. I think it would decrease the value of historic resources and it would also decrease the value of the neighborhoods and the Town to put new construction in front of historic resources. I think we would be getting some additional dwellings but we would be outright attacking our historic character of the Town. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Yeah, I agree with Commissioner Hudes except that I think what's proposed is LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the reverse. It currently says that no accessory dwelling may be constructed, and so we're advocating that language continue. But I did want to comment that the benefit of having public testimony is I hadn't really thought about the concept of these small historic properties being converted to the ADU intact and allowing a new primary residence to be constructed. I would just like to say, having served on the Historic Preservation Committee, it's a brilliant idea to allow that because there have been many, many applications that are asking to tear down the historic because it doesn't accommodate the big new house that the whole family needs and we're saying no, you can't do that but you've got to make it look the same because that's Los Gatos' way, and to allow those beautiful little structures to shine and be purposeful is something I think is just really brilliant and I thank you for bringing that concept. I know Staff has it but I hadn't in my mind, so I appreciate that, and I think anything we can do to preserve the historic integrity of the Town by not cluttering the front of these properties with an Accessory Dwelling Unit that obscures the elevation I think is a great idea. LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Commissioner Hudes, you had additional? COMMISSIONER HUDES: Just to clarify, those are two separate concepts. The concept that we heard in public testimony has nothing to do with this option. This option, it says would you allow the creation of Accessory Dwelling Units in front of historic resources and I think that would be a big mistake. CHAIR HANSSEN: Okay, so would someone like to make a motion? COMMISSIONER HUDES: I would move to make a recommendation to Council that we do not adopt this option. CHAIR HANSSEN: Second? Commissioner Badame. COMMISSIONER BADAME: Second. CHAIR HANSSEN: Does anyone else want to make a comment before we vote? All right, all in favor? Opposed? None. Passes unanimously. Okay, so that's that option. There are four options total. Option 3 is the new state law does not require attached Accessory Dwelling Units to be allowed minimums and rear and side setbacks of 4' and we could recommend this option for having it go from 5' to 4' even though the detached, it's already stated by state law that it's 4', and correct me if I'm wrong, Staff, LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we could also allow the attached to have 4' instead of 5'. So the question on the table is do we want to allow attached to go down to 4'? SALLY ZARNOWITZ: Maybe just to clarify right now, the attached ADU would need to meet the setbacks of the primary dwelling, so 8' in the R-1:8, 10' in the R-1:10 for a side setback. So, this would be allowing even the attached ADU to go down to 4' on the side or the rear. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: For the reasons I commented on before I think reducing that setback to 4' may not make sense from a general circulation standpoint, so I personally would not be in favor of reducing it to the 4' setback this time. CHAIR HANSSEN: Commissioner Hudes. COMMISSIONER HUDES: Yeah, I would agree with that. I think that an attached ADU by definition gives you greater contiguous façade area and so the perception of greater mass encroaching on space the neighbors assumed they had would be an issue to me, so again, I don't think that one is worth it. CHAIR HANSSEN: Okay, would someone like to… First of all, does anyone else want to comment, and if not LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would someone like to make a motion on this option? Commissioner Burch. COMMISSIONER BURCH: It sounds like I am going to move that we do not adopt this option. CHAIR HANSSEN: Is there a second? Commissioner Hudes. COMMISSIONER HUDES: Second. CHAIR HANSSEN: Any additional comments? Then I'll call the question. All in favor of the motion? Anyone opposed? No. Passes unanimously. All right, we have one more. It's on page four. An option has been included in the Draft Ordinance clarifying that an Accessory Dwelling Unit may not be added to an existing second story of a primary dwelling that is an historic resource to prevent adverse impacts on historic resources. We could be more lenient and allow people to create second story Accessory Dwelling Units on historic resources. Comments or questions? Okay, we have a picture. Commissioner Burch has a question. COMMISSIONER BURCH: I don't think I understand why adding a second story ADU means it has to be higher. What drove that particular option? LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SALLY ZARNOWITZ: The ordinance currently allows for a second floor ADU only in the case where there's already a second floor on a primary dwelling. I think I said that right. And so in this case when we have a historic structure, such as the one on the left, that has a big sloping roof but in the rear there's a second story, so then when you go to the right the new ADU is put on the front of the structure on the second story and it has the potential to change the shape of the house, the primary dwelling, fairly significantly. So that's in order to get the plate height in order to stand…to create more plate height to get the square footage basically, because while a lot of it could be fit under a gable in order to get more square footage the plate height goes up. CHAIR HANSSEN: Vice Chair Janoff. VICE CHAIR JANOFF: Just again, recognizing what the Historic Preservation Committee is trying to do in the Town, we don't readily allow a second story addition even if the historic property has a second story that substantially changes the overall appearance of the historic house, and so I'm not sure why we would be entertaining adding an ADU which essentially does the same LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thing to alter the historic appearance of a home; I'm not sure that makes sense for us to do that. CHAIR HANSSEN: Commissioner Badame. COMMISSIONER BADAME: I agree with Vice Chair Janoff. I'm strongly opposed to this one. I think it has the potential to impact the character of the historic neighborhood. CHAIR HANSSEN: And Commissioner Hudes, I thought you had (inaudible). COMMISSIONER HUDES: I agree. CHAIR HANSSEN: You agree. All right, then if no one else has a comment would someone like to make a motion on this item? Maybe Commissioner Burch. COMMISSIONER BURCH: I'm on a roll tonight. I am going to move that we do not recommend this option either. CHAIR HANSSEN: Is there a second? Commissioner Hudes. COMMISSIONER HUDES: Second. CHAIR HANSSEN: Okay. If there are no other comments, and seeing none, I will call the question. All in favor? Anyone opposed? No. It passes unanimously. Okay, great. LOS GATOS PLANNING COMMISSION 2/26/2020 Item #4, Town Code Amendment Application A-20-001 – Accessory Dwelling Units 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So, that is all the options that Staff had in their Staff Report for us to consider, and we already talked about whether there are appeal rights and I don't think there would be on the other options either.