Ord 2307 - Amending Chapter 29 (Zoning Regulations) Regarding Accesory Dwelling UnitsORDINANCE 2307
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING ACCESSORY DWELLING UNITS
WHEREAS, effective January 1, 2020, Assembly Bill 881, Assembly Bill 68, and Senate Bill
13 amended Government Code Section 65852 regarding accessory dwelling unit and junior
accessory dwelling unit regulations, to further address barriers to the development of accessory
dwelling units and junior accessory dwelling units; 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 February 26, 2020, the Planning Commission reviewed and commented
on the proposed amendments regarding accessory dwelling units; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Planning Commission for public hearing on February 26, 2020; and
WHEREAS, on February 26, 2020, the Planning Commission reviewed and commented
on the proposed amendments regarding accessory dwelling units and forwarded a
recommendation to the Town Council for approval of the proposed amendments; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and come before the Town Council for public hearing on March 17, 2020; and
WHEREAS, on March 17, 2020, the Town Council continued this matter to the Town
Council meeting on April 7, 2020; and
1of9
Ordinance 2307 April 21, 2020
WHEREAS, on April 7, 2020, the Town Council reviewed and commented on the
proposed amendments regarding accessory dwelling units and the Town Council voted to
introduce the Ordinance.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 29 of the Town Code is hereby amended to read as follows:
ARTICLE I. DIVISION 1. MISCELLANEOUS
Sec. 29.10.020. - Definitions.
ARTICLE I. DIVISION 4. PARKING
Sec. 29.10.150 (c). Number of off-street spaces required.
dwelling unit eF eeRyeFted t aR dwelling u
�y b any lest
nirl(ing spaeeS FeqUiFed f..-the id I. I a
•,i 1 �^Tz*TTT
eenflgurltlnn OR the same I,.. as the adwelling unit, inclUdiRg tandeffl
spaces, eF by the use of meehaRiEal autemeNle Y b
2of9
Ordinance 2307 April 21, 2020
ARTICLE I. DIVISION 7. ACCESSORY DWELLING UNITS
Sec. 29.10.305. Intent and authority.
This division is adopted to comply with amendments to State Law § 65852.2 and
65852.22 which mandates that applications for accessory dwelling units be considered
ministerially without a public hearing; and sets Town standards for the development of
accessory dwelling units in order to increase the supply of affordable housing in a manner that
is compatible with existing neighborhoods.
Sec. 29.10.310. Definitions.
Accessory dwelling unit. An accessory dwelling unit is a detached or attached dwelling
unit. It shall include permanent provisions for living, sleeping, eating cooking and sanitation
and is generally smaller and located on the same parcel as a proposed or existing primary
dwelling. An accessory dwelling unit also includes efficiency units and manufactured homes
(1) A detached accessory dwelling unit is physically separate from a primary dwelling
(2) An attached accessory dwelling unit is contained within the space of and/or
Physically attached to a proposed or existing primary dwelling
Junior accessory dwelling unit. A junior accessory dwelling unit is a dwelling unit that
does not exceed a floor area of 500 square feet and is contained within the space of a proposed
or existing primary dwelling or detached accessory dwelling unit It shall include a cooking
3of9
Ordinance 2307 April 21, 2020
facility with appliances, and a food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the iunior accessory dwelling unit If the junior
accessory dwelling unit is contained within the proposed or existing space of a primary
dwelling, it may include separate sanitation facilities or it may share sanitation facilities with
the primary dwelling. If the junior accessory dwelling unit is contained within the proposed or
existing space of a detached accessory dwelling unit it shall include separate sanitation
facilities.
Sec.29.10.315. Reserved.
Sec. 29.10.320. New accessory dwelling units.
(a) Incentive program. Any accessory dwelling unit developed under an Incentive
Program which may be established by Resolution of the Town Council shall be made 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) provided that the unit is
occupied by someone other than a member of the household occupying the primary dwellinOPAg
.
(b) Design and development standards.
(1) Number. Gn4y Not more than one (1) junior accessory dwelling unit contained
within the space of a proposed or existing primary dwelling or detached
accessory dwelling unit, and one (1) accessory dwelling unit, may be
permitted on a lot with a proposed or existing primary dwelling.
Not more than a number equal to 25 percent of the existing multi -family
dwelling units rounded -up to the next whole number, within the portions of
an existing multi -family dwelling not used as livable space and two (2)
detached accessory dwelling units, may be permitted on a lot with a proposed
or existing multi -family dwelling. No additional areesseFy dwelliAg un
existingallowed upon a lot with an ' o
(2) Permitted zones. Accessory dwelling units are allowed on lots in the R-1, R-D,
R-M, R-11), RMH, HR, and RC zones, or include an existing primary dwelling.
4of9
Ordinance 2307 April 21, 2020
Setbacks.
the zone feF a pFimary dwelling unit,
No accessory dwelling unit may be constructed in front of a primary dwelling
that is a historic resource.
No detached accessory dwelling unit may be placed in front of the primary
dwelling u444 in the R-1, R-D, R-M, RMH, and R-11) zones.
PetachedaAccessory dwelling units shall comply with the following minimum
setbacks:
a. Front and side setbacks alauttiRg a stFeet of the zone for a primary
dwelling gait.
b. Rear and side setbacks of five (5) four 4 feet in the R-1, R-D, R-M, RMH,
and R-ID zones.
c. Setbacks from any other structure located on the same lot of five (5) feet.
d. Setbacks for a primary dwelling wait and located within the Least
Restrictive Development Area (LRDA), in the HR and RC zones.
(4) Height. Accessory dwelling units shall not exceed one (1) story in height, and
shall not exceed fifteen (155` sixteen (16) feet in height, unless the accessory
dwelling unit is contained within the existing twe-second story space of a
primary dwelling bait or accessory structure; added to an existing twwe-second
story of a primary dwelling wait that is not a historic resource; or added
directly above an existing one-story accessory structure on a property with an
existing two-story primary dwelling wait -in the R-1, R-D, R-M, RMH, and R-ID
zones.
(5) Maximum unit size and maximum number of bedrooms. The maximum floor
area of an accessory dwelling unit is 1,200 square feet. The maximum
number of bedrooms is two (2).
Detached accessory dwelling units exceeding a combined square footage of
450 square feet in the R-1, R-D, R-M, RMH, 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 ratio (FAR) standards. All accessory dwelling units (attached or
detached) are allowed a ten (10) percent increase in the floor area ratio
5of9
Ordinance 2307 April 21, 2020
standards for all structures, excluding garages; except, notwithstanding the
FAR standards in this subsection, an accessory dwelling unit that does not
exceed a floor area of 800 square feet shall be permitted.
(7) Lot coverage. Accessory dwelling units must comply with lot coverage
maximums for the zonei except, with FegaFd to the „ d@t@9R of a SiRgle-
effieieney
T notwithstanding the lot coverage standards in this subsection
an accessory dwelling unit that does not exceed a floor area of 800 square
feet shall be permitted.
(8) Parking. One (1) accessory dwelling unit parking space per unit or bedroom
whichever is less shall be provided in addition to the required minimum
number of parking spaces for the primary dwelling These spaces may be
provided in a front or side setback abutting a street on a driveway (provided
that it is feasible based on specific site or fire and life safety conditions) or
through tandem parking.
In addition to parking otherwise required for 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 uM shall be provided prior to the
issuance of a building permit or final inspection, for a new accessory dwelling
unit. 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 shall not be
required to be replaced. dni4m,y e l tee, . `a
let as the aeeeSS8Fy dwel!*Rg unit, aas tandem spaees,
OF by the U
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 walking
distance 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 or iunior accessory dwelling unit is
contained within the existing space of or constructed in substantially
the same location and manner as an existing primary dwelling OR# or
aR er.'.rtiRg accessory structure.
4. When on -street parking permits are required but not offered to 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.
6of9
Ordinance 2307 April 21, 2020
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 accessory dwelling unit shall be compatible with the primary
dwelling uPA and the neighborhood. Entrances serving the accessory dwelling
unit shall not be constructed on any elevation facing a public street. Accessory
dwelling units shall retain the singefa family residential appearance of the
property. Detached junior accessory dwelling units shall be
(10) Town codes and ordinances. All accessory dwelling units shall comply with all
the provisions of this chapter and other applicable Town codes.
(11) Building codes. The 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 aeit.
(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. 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 or constructed in substantially the same location and manner as an existing
primary dwelling u4+4-or accessory structure. The following provisions shall
apply:
a. The accessory dwelling unit shall be located on a lot zoned to allow
single-family, two-family, or multi -family residential Withi- a -9Re fGF
single family use.
b. The accessory dwelling unit shall have separate entrance from the
primary dwelling upA.
c. The accessory dwelling unit shall have existing side and rear setbacks
sufficient for fire safety.
d. No parking spaces shall be required for the accessory dwelling unit.
e. An expansion of 150 square feet beyond the physical dimensions of an
existing structure, limited to accommodating ingress and egress shall be
permitted.
f. When an existing structure is non -conforming as to setback standards and
converted to an accessory dwelling unit, any expansion of that structure
may not be nearer to a property line than the existing building in
accordance with section 29.10.245.
7of9
Ordinance 2307 April 21, 2020
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are 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.
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 Council 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.
8of9
Ordinance 2307 April 21, 2020
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 7th day of April 2020, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the
21st day of April 2020. This ordinance takes effect 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 office of the Town
Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: �J- 2 Z - Zc
9of9
Ordinance 2307 April 21, 2020