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Attachment 11ATTACHMENT 11 ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING ACCESSORY DWELLING UNITS WHEREAS, In 2016, Senate Bill 1069 and Assembly Bill 2299 amended Government Code Section 65852.2 regarding accessory dwelling unit regulations; and in 2017, Senate Bill 229 and Assembly Bill 494 further amended Government Code 65852.2, regarding certain provisions for accessory dwelling units; to address the current housing crisis and increase affordable housing opportunities by allowing more flexibility in land use regulations; and WHEREAS, The Town of Los Gatos 2015-2023 Housing Element Enhanced Second Unit Program identified, amending the Town Code to allow new second units to be affordable to lower income households on nonconforming residential lots and in the Hillside Residential Zone (Action HOU-1.2), as a strategy to accommodate the Town’s Regional Housing Needs Allocation (RHNA); and WHEREAS, the Town Council wishes to amend the Town Code , to comply with State law and to address Action HOU-1.2 of the Town of Los Gatos 2015-2023 Housing Element; and WHEREAS, On September 27, 2017, the Planning Commission reviewed and commented on the proposed amendments regarding accessory dwelling units, and continued the matter to November 8, 2017 for further consideration; and WHEREAS, on November 8, 2017, the Planning Commission forwarded a recommendation to the Town Council for approval of the proposed amendments with modifications; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on December 5, 2017; and WHEREAS, on December 5, 2017, the Town Council reviewed and commented on the proposed amendments regarding accessory dwelling unit s, and continued the matter to January 16, 2018 for further consideration; and WHEREAS, this came before the Town Council for public hearing on January 16, 2018. Draft Ordinance: subject to modification by Town Council based on deliberations and direction 2 THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Chapter 29 is hereby amended to read as follows: AMENDED DEFINITIONS: ARTICLE I. DIVISION 1. Sec. 29.10.020. Definitions. ….. Secondary Accessory dwelling unit means a detached or attached dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where a as the single-family primary dwelling unit is situated located, which provides complete independent living facilities for one (1) or more persons and is accessory to and generally smaller than a primary dwelling unit. An secondary accessory dwelling unit is located in a permanent structure with separate entrance, sleeping, bath and kitchen facilities (stove, hot plate, microwave oven or equivalent). An second accessory dwelling unit also includes efficiency units and manufactured homes. (1) A detached secondary accessory dwelling unit is physically separate from the primary dwelling unit. (2) An attached secondary accessory dwelling unit requires modification is physically attached to the exterior walls of the primary dwelling unit. (3) An interior secondary dwelling unit requires modifications only to the interior walls of the primary dwelling unit. ….. Primary dwelling unit means a single-family or two-family dwelling unit located on a lot with no other dwellings on the lot except for secondary accessory dwelling units. detached or attached dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where a as the single-family primary dwelling unit is situated located ….. AMENDED SECTIONS: ARTICLE I. DIVISION 4. Sec. 29.10.150. Number of off-street spaces required. ….. (c) Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to 3 the requirements for the listed uses. In addition to other parking requirements, one visit or parking space for each residential unit other than a detached single -family or two-family dwelling shall be required, unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s ). (1) Single-family, residential condominiums and two-family dwellings. Two (2) parking spaces for each living unit. (2) Secondary Accessory dwelling units. One Pparking spaces per unit or bedroom, whichever is less, shall be provided in addition to the required minimum number of parking spaces for the primary dwelling unit. as follows: These spaces may be provided in a front setback on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary residence may be located in any configuration on the same lot as the accessory dwelling unit, including as tandem spaces, or by the use of mechanical automobile parking lifts. Interior secondary dwelling unit ….. 1 space Attached secondary dwelling unit ….. 1 space Detached secondary dwelling unit ….. 2 spaces a. Exceptions. No parking spaces shall be required if the accessory dwelling unit meets any of the following criteria: 1. The accessory dwelling unit is located within one-half mile of a public transit stop. 2. The accessory dwelling unit is located within an architecturally and historically significant historic district. 3. The accessory dwelling unit is within the existing space of a primary residence or an existing accessory structure. 4. When on-street parking permits are required but not offered t o the occupant of the accessory dwelling unit. 5. When there is a car share vehicle (as defined by the California Vehicle Code) located within one block of the accessory dwelling unit. 6. When the Director finds that the lot does not have adequate area t o provide parking. ….. 4 ARTICLE I. DIVISION 7. SECOND ACCESSORY DWELLING UNITS. Sec. 29.10.305. Intent and authority. This division is adopted to comply with amendments to State Law §65852.2 which mandates that applications for secondary accessory dwelling units be considered ministerially without a public hearing; and. It provides for the Town to set standards for the development of second accessory dwelling units to increase the supply of affordable housing in a manner that is compatible with existing neighborhoods. Sec. 29.10.310. Definitions. Existing unlawful secondary units. An existing unlawful second dwelling unit is defined as an second 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 second dwelling unit permit. Existing unlawful secondary dwelling units are eligible for an second dwelling unit permit regardless of the zone in which the property is located. Efficiency unit. As defined by the Uniform Building Code. Manufactured home. As defined by the Uniform Building Code. Nonconforming accessory dwelling units. A nonconforming second accessory dwelling unit is defined as an second accessory dwelling unit that exists under the following circumstances: (1) A unit is created or converted lawfully but due to a zone change or an amendment to the zoning ordinance the unit has become nonconforming. (2) The unit was lawfully created while in the County and upon ann exation the unit becomes nonconforming. New second accessory dwelling unit. A second new accessory dwelling unit is defined as an attached (with an interior or exterior entrance) or a detached residential dwelling unit, created after June 1, 1983 December 31, 1987. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where a as the single-family primary dwelling unit is situated located, and is accessory to and generally smaller than a primary dwelling unit. An second accessory dwelling unit also includes efficiency units and manufactured homes. Sec. 29.10.315.-Existing unlawful units. (a) Permits. The owner of a nonconforming second dwelling unit must obtain a second dwelling unit permit. Any application received after December 31, 1987, shall be subject to an application fee and may be subject to a civil penalty pursuant to section 29.20.960(4). (b) Number. A maximum of two (2) existing second dwelling units are allowed on a single lot. All other second dwelling units on the property must be abated. (c) Units existing in Town on June 1, 1983. An existing unlawful second dwelling unit in Town, as defined in this chapter, for which an application for a second dwelling unit permit was not filed by December 31, 1987, shall be treated as a new second dwelling unit. If the unit does 5 not qualify as a new second dwelling unit pursuant to section 29.10.320, the unit shall be deemed to be unlawful and will be abated. (d) Units existing in county. The owner of an existing unlawful second dwelling unit in the County shall have 90 days following the date of annexation into the Town to apply for a second 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 second dwelling unit. If the unit does not qualify as a new second dwelling pursuant to section 29.10.310, the unit shall be deemed to be unlawf ul and must be abated. (e) Housing code. Any unit receiving a second 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 h ardship exists. (f) Development standards. Existing unlawful second 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. 320 for new second dwelling units. (g) Parking. Existing second dwelling units shall not be required to add parking in order to comply with the parking requirements for second 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 the second dwelling unit(s). (h) Remodeling, reconstruction, demolition, conversion, or removal. Remodeling, reconstruction, demolition, conversion, or removal of second dwelling units shall be as follows: (1) Where a timely application under subsection (c) has been filed and approved, a second dwelling unit may be remodeled providing the building height, do not exceed that which is allowed for a new unit. (2) Community Development Director approval is required for the remodeling or reconstruction of an existing second dwelling unit in the case of destruction. The proposed construction shall be designed so as to architecturally harmonize with the surrounding structures 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 and compatibility. c. Colors. d. Setback conformity. e. Floor area. 6 Sec. 29.10.320. New second accessory dwelling units. (a) Incentive program. Any second accessory dwelling unit developed under an incentive program established by resolution of the Town Council shall be ma de affordable to eligible applicants pursuant to the requirements of the incentive program . A deed restriction shall be recorded specifying 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 . (b) Design and development standards. (1) Number. Only one (1) new second accessory dwelling unit may be permitted on a lot. No second additional accessory dwelling unit is allowed upon a lot with an existing second accessory dwelling unit. (2) Permitted zones. Second Accessory dwelling units are allowed on conforming lots in the R-1, R-D, R-M, R-1D, HR, and RC zones with a minimum lot size of 5,000 square feet. (3) Setbacks. Second Attached accessory dwelling units shall comply with the setbacks of the zone for a primary dwelling unit. No detached accessory dwelling unit may be placed in front of the prima ry dwelling unit in the R-1, R-D, R-M, and R-1D zones. Detached accessory dwelling units shall comply with the following minimum setbacks: a. Front and side setbacks abutting a street of the zone for a primary dwelling unit. b. Rear and side setbacks of five (5) feet in the R-1, R-D, R-M, and R-1D zones. c. Setbacks from any other structure located on the same lot of five (5) feet. d. Setbacks for a primary dwelling unit, and located within the Least Restrictive Development Area (LRDA), in the HR and RC zones. An accessory dwelling unit with existing side and rear setbacks sufficient for fire safety shall be permitted if the accessory dwelling unit is contained within the existing space of a primary dwelling unit or accessory structure. (4) Height. Detached second Accessory dwelling units shall not exceed one (1) story in height, and shall not exceed fifteen (15) feet in height , unless the accessory dwelling unit is contained within the existing space of a primary dwelling unit or accessory structure; or added to an existing two-story primary dwelling unit; or added above an existing one-story accessory structure on a property with an existing two-story primary dwelling unit in the R-1, R-D, R-M, and R-1D zones. 7 (5) Maximum unit size and maximum number of bedrooms.1 Minimum lot size Maximum unit size Maximum No. bedrooms Attached 5,000 sq. ft. 750 sq. ft., or Efficiency Unit 1 10,000 sq. ft. 900 sq. ft., or Efficiency Unit 1 Detached 5,000 sq. ft. 900 sq. ft., or Efficiency Unit 2 10,000 sq. ft. 1,200 sq. ft., or Efficiency Unit 2 1. Detached accessory dwelling units exceeding a combined square footage of 450 square feet in the R-1, R-D, R-M and R-1D zones shall not be subject to the Administrative Procedure for Minor Residential Projects. Detached accessory dwelling units exceeding a combined square footage of 600 or 1,000 square feet in the HR and RC zones shall not be subject to Development Review Committee or Planning Commission approval. (6) Floor area. All second accessory dwelling units (attached or detached) must comply with the floor area ratio standards for the primary structures. A ten (10) percent increase in floor area is permitted for an accessory dwelling unit. The square footage of a detached accessory dwelling units shall not occupy more than fifteen (15) percent of the lot, to be calculated exclusive of the required building setbacks. (7) Lot coverage. Second Accessory dwelling units must comply with lot coverage maximums for the zone except with regard to the addition of a single efficiency unit. (8) Parking. In addition to parking otherwise required for second 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 dwelling unit shall be provided prior to the issuance of a building permit or final inspection, for a the new second accessory dwelling unit. In addition to the number of spaces as set forth in this section, additional spaces may be required if the following findings are made: When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including as tandem spaces, or by the use of mechanical automobile parking lifts. a. Additional parking is directly related to the use of the second unit. b. Additional parking is consistent with existing neighborhood standards applicable to existing dwellings. a. Exceptions. No parking spaces shall be required if the accessory dwelling unit meets any of the following criteria: 8 1. The accessory dwelling unit is located within one-half mile of a public transit stop. 2. The accessory dwelling unit is located within an architecturally and historically significant historic district. 3. The accessory dwelling unit is within the existing space of a primary dwelling unit or an existing accessory structure. 4. When on-street parking permits are required but not offered t o the occupant of the accessory dwelling unit. 5. When there is a car share vehicle (as defined by the California Vehicle Code) located within one block of the accessory dwelling unit. 6. When the Director finds that the lot does not have adequate area to provide parking. (9) Design, form, materials, and color. The design, form, roof pitch, materials, and color of a new second accessory dwelling unit shall be compatible with the primary dwelling unit and the neighborhood. Entrances serving the accessory dwelling unit shall not be constructed on any elevation facing a public street. Second Accessory dwelling units shall retain the single-family appearance of the property. (10) Town codes and ordinances. All new second accessory dwelling units shall comply with all the provisions of this chapter and other applicable Town codes. (11) Building codes. The second accessory dwelling unit shall comply with applicable building, health and fire codes. The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. (12) Denial. An application may be denied if it does not meet the design and development standards. An application may also be denied if the following findings are made: a. Acknowledgment of limiting the housing opportunities in the region. b. Adverse impacts on health, safety, and/or welfare of the public. (13) Conversion of existing floor area. An accessory dwelling unit shall be permitted if the accessory dwelling unit is contained within the existing space of a primary dwelling unit or accessory structure. The following provisions shall apply: a. The accessory dwelling unit shall be located within a zone for a single-family use. b. The accessory dwelling unit shall have separate entrance from the primary dwelling unit. Where conversion of a second story is allowed, the entrance shall not be allowed through an open exterior stairway. If an exterior stairway is provided it must be enclosed, and the area of an enclosed stairway shall be excluded from coverage and floor area. c. The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety. 9 d. No parking spaces shall be required for the accessory dwelling unit. (14) Owner-occupants and Rentals longer than 30 days. One dwelling unit on the parcel, either an accessory dwelling unit or the primary dwelling unit, shall be owner occupied. The Community Development Director shall require recordation of a deed restriction documenting this restriction, until and unless this provision is repealed. Rentals for durations of less than thirty days, including short -term rentals (as defined by the California Government Code), are prohibited. (15) Maximum number of dogs, cats, or litters. All accessory dwelling units shall comply with Section 4.40.010 of the Town code. Sec. 29.10.325. Nonconforming units. (a) Permits. The owner of a nonconforming secondary accessory dwelling unit must obtain an second accessory dwelling unit permit. Any application received after December 31, 1987, shall be subject to an application fee and may be subject to a civil penalty pursuant to section 29.20.960(4). Where an application has been submitted for a nonconforming second accessory dwelling unit permit and Town records do n ot establish the nonconforming status of the second accessory dwelling unit, the property owner will have sixty (60) days from the date of notice the owner is informed of the Town's findings to submit data to support their claim that the accessory dwelling unit is nonconforming. If at the end of sixty (60) days data has not been submitted by the property owner to establish the secondary accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the unit shall be determined to be an existing unlawful second accessory dwelling unit pursuant to section 29.10.315 and subject to its regulations. (b) Units existing at time of annexation. Upon annexation a lawful second accessory dwelling unit shall become nonconforming and the owner must either apply for an second accessory dwelling unit permit within one (1) year of the date of annexation, or the units shall be determined to be unlawful second accessory dwelling units pursuant to section 29.10.315. (c) Number. A maximum of two (2) nonconforming second accessory dwelling units are allowed on a single lot. All other second accessory dwelling units on the property must be abated. (d) Housing code. Nonconforming second accessory dwelling units shall comply with the Town's housing code as follows: (1) Any nonconforming second accessory dwelling unit receiving an second accessory dwelling unit permit pursuant to subsection (b) shall be required to comply with the Town housing code. (2) Any nonconforming secondary accessory dwelling unit receiving an second accessory dwelling unit permit pursuant to subsection (c) shall be required to comply with the 10 Town housing code and all improvements shall be completed within one (1) year from the date of application. (3) Where a timely application under subsection (b) or subsection (c) has been filed, and approved, an extension from the compliance date of up to six (6) months may be granted by the Community Development Department for good cause shown. Any extension request for longer than six (6) months may be granted by the Planning Commission upon finding that a hardship exists. (4) Remodeling and reconstruction: Remodeling and reconstruction of nonconforming second accessory dwelling units shall be as follows: a. Where a timely application under subsection (a) or subsection (b) has been filed and approved, an secondary accessory dwelling unit may be remodeled providing the building height, and floor area do not exceed that which is allowed for a new second accessory dwelling unit. b. Community Development Director approval is required for the remodeling or reconstruction of an second accessory dwelling unit in the case of destruction. The proposed construction shall be designed so as to architecturally harmonize with the surrounding structures 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: 1. Building height. 2. Building materials and compatibility. 3. Colors and materials. 4. Setback conformity. 5. Floor area ratio. Sec. 29.10.330. Elimination and/or demolition of existing second accessory dwelling units. In order to eliminate and/or demolish, without replacement, an approved second accessory dwelling unit, the deciding body Development Review Committee shall make the finding that the proposed elimination and/or demolition, (without replacement), is consistent with the Town's Housing Element of the General Plan. In order to eliminate and/or demolish an existing second accessory dwelling unit (whether or not it will be replaced), the deciding body Development Review Committee must make the demolition findings pursuant to section 29.10.09030. Sec. 29.10.335. Expansion of existing or nonconforming second accessory dwelling units. For the purposes of this section only, expansion of an second accessory dwelling unit is defined as increasing the number of bedrooms or adding floor area in excess of thirty (30) square feet. Requests for expansion of any noncon forming second accessory dwelling unit shall 11 be subject to the same requirements as a new second accessory dwelling unit. If the secondary dwelling unit(s) is located on a nonconforming lot, no expansion, as defined by this section, is permitted. Secs. 29.10.340—29.10.400. - Reserved. ARTICLE II. DIVISION 7. Sec. 29.20.745. Development Review Committee. ….. (20) Determines applications for demolition, conversion, and removal of accessory dwelling units. ….. ARTICLE II. DIVISION 7. Sec. 29.20.750. Planning Commission. ….. (23) Determines applications for demolition, conversion, removal of secondary dwelling units and the construction of new units. ….. ARTICLE IV. DIVISION 1. Sec. 29.40.015. Accessory buildings. In residential zones (defined by section 29.40.010), accessory structures (excluding horse barns and shelters), located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and free-standing patio covers are allowed if such accessory structures: A. (1) Are not over fifteen (15) feet high and are no more than one (1) story. Lofts which do not have sufficient headroom for occupancy are permitted for storage use only. (2) Are not in a required front or side yard. (3) Are at least five (5) feet from any other structure located on the same lot. (4) Are at least five (5) feet from any property line, except in the R -M zone where no setback is required by this subsection (4). (5) Do not occupy more than fifteen (15) percent of the lot, to be calculated exclusive of the required building setbacks. Any accessory structures exceeding a combined square footage of four hundred fifty (450) square feet requires the approval of the Planning Director shall be subject to the Administrative Procedure for Minor Residential Projects. (6) When located on a reversed corner lot, do not project beyond the front yard line required on the lot in the rear of such lot. (7) Breezeways may be used to provide shelter between buildings. 12 Accessory structures may have plumbing installed providing the fixtures may be served by a two-inch diameter building drain. Building drains in excess of two (2) inches may be approved by the Planning Director upon good cause shown. B. Exceptions. (1) In the R-1 zones, required side and rear yards for accessory structures other than second detached accessory dwelling units, may be reduced to no less than three (3) feet from a property line, if an application is approved thro ugh the Administrative Procedure for Minor Residential Projects. A reduction in setbacks will not be allowed in the side yard abutting a street and conversion of accessory structures with reduced setbacks to a second dwelling unit is prohibited . Criteria to be considered when reviewing accessory structures within reduced setbacks shall include the number and size of structures already within a reduced setback area, visibility, compatibility with other structures in the neighborhood, historic preservation considerations, privacy and compatibility of historic nature of neighborhoods. (2) One (1) accessory structure less than one hundred twenty (120) square feet, is allowed in the required side or rear setbacks without any zoning approvals. Any accessory structure in excess of one will be subject to the requirements set forth in this section. (3) In the R-1 zones, required side yard setbacks may be reduced to five (5) feet for detached garages less than four hundred fifty (450) square feet without obtaining approval through the Administrative Procedure for Minor Residential Projects (section 29.20.480). A reduction in setbacks in the side yard abutting a street shall be subject to the Administrative Procedure for Minor Residential Projects (section 29.20.480). (4) Section 29.40.015 does not apply to a detached accessory dwelling unit. A detached accessory dwelling unit shall be subject to the provisions of Division 7 of Article 1 of this chapter. SECTION II With respect to compliance with the California Env ironmental Quality Act (CEQA), the Town Council finds as follows: A. This ordinance is not subject to review under CEQA pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed amendment to the Town Code would have significant impact on the environment; and B. The proposed Town Code amendments are consistent with the General Plan and its Elements. 13 SECTION III If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidly shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This Town Coun cil hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January 16, 2018, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on February 6, 2018 and becomes effective 30 days after it is adopted. In Lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the offi ce of the Town Clerk, pursuant to GC 36933(c)(1). 14 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\ORDS\2018\ADUs 01-16-2018.doc