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: 01/16/2018
ITEM NO: 13
DATE: JANUARY 11, 2018
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:
Introduce the draft Ordinance (Attachment 11), by title only, to amend Chapter 29 (Zoning
Regulations) of the Town Code regarding accessory dwelling units.
DISCUSSION:
A. December 5, 2017 Town Council Hearing
At the December 5, 2017 Town Council hearing, the Council received the staff report and
considered comments from the public. The Council discussed the Planning Commission’s
recommended amendments, and continued the item to January 16, 2018 with the direction
outlined below.
Each direction item is followed by a staff response. Questions for the Town Council are also
included where further direction from the Town Council is requested by staff.
Permitted zones
Allow accessory dwelling units in the R-D (Duplex Residential) zone.
This change has been incorporated into the revised draft Ordinance (Attachment 11,
page 6). The primary dwelling unit definition has also been changed to include
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
JANUARY 11, 2018
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DISCUSSION (Continued):
two-family dwelling units (Attachment 11, pages 2 and 4).
Stories
Allow an attached accessory dwelling unit as a second-story addition to a primary
dwelling unit where a two-story primary dwelling unit exists.
This change has been incorporated into the revised draft Ordinance (Attachment 11,
page 6).
Allow a detached accessory dwelling unit as a second-story addition above an
existing one-story accessory structure where a two-story primary dwelling unit
exists.
This change has been incorporated into the revised draft Ordinance (Attachment 11,
pages 6 - 7). However, the change does not include an allowance for a new second
story accessory dwelling unit above an existing one-story accessory structure in the HR
(Hillside Residential) and RC (Resource Conservation) zones. Should the Council decide
to allow a new second story accessory dwelling unit to be constructed above an existing
one-story accessory structure in the HR and RC zones, a setback of no more than five
feet from the side and rear lot lines could be required.
Q: Should a second story accessory dwelling unit be allowed to be constructed above
an existing one-story detached accessory structure in the HR and RC zones?
Setbacks
Provide information on setbacks.
Under new State law, local jurisdictions may require a setback of no more than five feet
from the side and rear lot lines for a new detached accessory dwelling unit that is
constructed above an accessory structure. Consistent with new State law, the revised
draft Ordinance requires a setback of no more than five feet from the side and rear lot
lines for a new accessory dwelling unit in the R-1, R-D, R-M, and R-1D zones (Attachment
11, page 6).
The revised draft Ordinance requires a setback matching that required for a primary
dwelling unit, from the side and rear lot lines, for a new detached accessory dwelling
unit in the HR and RC zones (Attachment 11, page 6).
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
JANUARY 11, 2018
S:\COUNCIL REPORTS\2018\01-16-18\13 - Accessory Dwelling Units\Staff Report FINAL.docx 1/11/2018 4:15 PM
DISCUSSION (Continued):
Size
Provide information on Floor Area Ratio (FAR) requirements.
Under new State law, local jurisdictions may impose development standards on
accessory dwelling units regulating size. The Council’s discussion included the potential
to allow an increase in the FAR standards for an accessory dwelling unit from those
required by the zone for the primary dwelling unit. The largest allowable FAR (excluding
garages) on lots between 5,000 square feet and 30,000 square feet is 0.35. Lots with
slopes of less than ten percent and containing more than 30,000 square feet in the R-1,
R-D, R-M, and R-1D zones are exempt from the FAR requirements. Lots greater than
30,000 square feet and lots located in the HR and RC zones are subject to the FAR
standards set forth in the Hillside Standards and Design Guidelines. A ten percent
increase from the largest allowable FAR would be 0.45. As an option, language allowing
an increase in floor area of ten percent for an accessory dwelling unit has been
incorporated into the revised draft Ordinance (Attachment 11, page 7). However, the
Town Council can modify this percentage or choose not to apply FAR standards to
accessory dwelling units.
Q: Should accessory dwelling units be allowed on lots less than 5,000 square feet?
Q: Should an exception for the FAR standards required by the zone for the primary
dwelling unit be provided for accessory dwelling units?
Provide information on coverage requirements for accessory structures.
The Town Code currently includes an additional requirement for accessory structure
coverage. An accessory structure may not occupy more than fifteen percent of a lot,
calculated exclusive of the required building setbacks. An exception to this
requirement, for a new detached accessory dwelling unit, has been incorporated into
the revised draft Ordinance (Attachment 11, page 12). Additionally, the R-1, R-D, and
R-M zones have a maximum building lot coverage of 40 percent which is not proposed
to be modified.
Owner occupation
Do not require deed-restricted owner occupation of either the primary dwelling
unit or accessory dwelling unit.
This language has been removed from the revised draft Ordinance (Attachment 11,
page 9).
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
JANUARY 11, 2018
S:\COUNCIL REPORTS\2018\01-16-18\13 - Accessory Dwelling Units\Staff Report FINAL.docx 1/11/2018 4:15 PM
DISCUSSION (Continued):
Other
Remove the existing ordinance language allowing denial of an accessory dwelling
unit application with acknowledgment of limiting the housing opportunities in the
region.
This language has been removed from the revised draft Ordinance (Attachment 11,
page 8).
Planning Commission recommendation to prohibit an open, exterior stairway.
The Planning Commission recommended prohibiting an open exterior stairway. The
recommendation would require an exterior stairway to be enclosed and would include
an exception that if an additional stairway is required to get to a second story, that the
square footage shall not be counted as coverage or FAR (Attachment 11, page 8).
Depending on the direction received from Council, similar language could be added to
the design and development standards for new accessory dwelling units.
Q: Should open exterior stairways be prohibited?
B. Public Outreach
Staff reached out to the following organizations to inform them of the continued hearing
date for 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 informed the public of the
continued hearing date 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.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
JANUARY 11, 2018
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DISCUSSION (Continued):
To date, staff has also discussed the proposed amendments with approximately ten different
members of the public and design community.
CONCLUSION:
The revised draft Ordinance (Attachment 11) details the proposed amendments. The originally
proposed draft Ordinance amendments are shown in underlined font and all deletions are
shown in strikethrough font. Modifications based on the Planning Commission’s
recommendations are shown in bold font, and modifications included in the Town Council’s
direction are shown in red bold font.
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 11);
2. Make the required finding that the Town Code (Zoning Regulations) amendments are
consistent with the General Plan (Attachment 11); and
3. Introduce the Ordinance (Attachment 11) of the Town of Los Gatos affecting the
amendments of the Town Code regarding accessory dwelling units (A-17-003), by title only,
with any specific changes identified and agreed upon by a majority of the Town Council.
ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff; or
2. Refer the item back to the Planning Commission with specific direction.
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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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
JANUARY 11, 2018
S:\COUNCIL REPORTS\2018\01-16-18\13 - Accessory Dwelling Units\Staff Report FINAL.docx 1/11/2018 4:15 PM
PUBLIC COMMENTS:
Public Comments received between 11:00 a.m., Tuesday, December 5, 2017 and 11:00 a.m.,
Thursday, January 11, 2018 are included below in Attachment 12.
Attachments received with December 5, 2017 Council Report:
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
Attachments received with December 5, 2017 Addendum:
10. Public comments received between 11:00 a.m., Thursday, November 30, 2017 and 11:00
a.m., Monday, December 4, 2017
Attachments received with this Staff Report:
11. Revised Draft Ordinance Amending Town Code Chapter 29
12. Public comments received between 11:00 a.m., Tuesday, December 5, 2017 and 11:00 a.m.,
Thursday, January 11, 2018