Desk Item
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
DESK ITEM
DATE: JANUARY 16, 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.
REMARKS:
Questions from a Council Member are outlined below and followed by staff’s responses.
• On page 3 of the Staff Report:
Why is the potential change to floor area ratio (FAR) requirements presented as an
"exception," rather than incorporating a differ ent standard into the Ordinance?
As a starting point for Council discussion, language allowing an increase in FAR of ten
percent for an accessory dwelling unit has been incorporated into the revised draft
Ordinance (Attachment 11, page 7). The second question on page 3 of the staff report
uses the term “exception”, which was meant to allow an increase. However, the Council
can modify this percentage, choose not to apply FAR standards to accessory dwelling
units, or incorporate a different standard in the Ordinance .
• On page 3, paragraph (2) regarding parking in the proposed Ordinance:
Who determines "feasibility?"
The revised draft Ordinance (Attachment 11, page 3) includes mandatory langu age from
State law that requires accessory dwelling unit parking 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.” The Community Development
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
JANUARY 16, 2018
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1/16/2018 3:02 PM1/16/2018 2:54 PM
REMARKS (Continued):
Director will make the determination of feasibility based on specific site or fire and life
safety conditions in consultation with County Fire and the Building Official.
• On page 7, paragraph (6) following the Table in the proposed Ordinance:
Why is there a 10 percent increase in FAR and where did it come from? I recall
separating FAR from the primary residence and I recall considering lot coverage
changes (but don't recall discussing the 40 percent coverage number contained in
bullet 2 of the Staff Report, but recall a standard of 50 percent).
As a starting point for Council discussion, language allowing an increase in FAR of ten
percent for an accessory dwelling unit has been incorporated into the revised draft
Ordinance (Attachment 11, page 7). This percentage is included in Saratoga’s
requirements. However, the Council can modify this percentage, choose not to apply
FAR standards to accessory dwelling units, or incorporate a different standard in the
Ordinance.
Regarding coverage, there are two current coverage regulations. The first is a 40
percent maximum coverage requirement, which is measured using the footprint of
structures covered by roofs. This requirement has not been proposed to be modified.
The second is an additional requirement for accessory structure coverage. An accessory
structure may not cover more than 15 percent of a lot, calculated exclusive of the
required building setbacks. Because the 15 percent requirement has the potential to
severely limit the allowable size of a detached accessory dwelling unit, an exception in
the revised draft Ordinance has been added to the existing exceptions that are provided
for certain accessory buildings, in Section 29.40.015 (Attachment 11, page 12).
• On page 12, paragraph 4 in the proposed Ordinance:
What are the "provisions of Division 7 of Article 1 of this chapter?"
Article I. Division 7. of Chapter 29 (zoning regulations) is the division that contains the
accessory dwelling unit regulations.
Public comments received between 11:01 a.m., Thursday, January 11, 2018 and 11:00 a.m.,
Tuesday, January 16, 2018 are included in Attachment 13.
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)
PAGE 3 OF 3
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING ACCESSORY
DWELLING UNITS. TOWN CODE AMENDMENT/A-17-003
JANUARY 16, 2018
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1/16/2018 3:02 PM1/16/2018 2:54 PM
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 January 10, 2018 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
Attachments received with this Desk Item:
13. Public comment received between 11:01 a.m., Thursday, January 11, 2018 and 11:00 a.m.,
Tuesday, January 16, 2018