The Los Gatos Town Council returns to work Tuesday night, with revisions to the town’s accessory dwelling unit ordinance on the agenda. While accessory dwelling units are seen as a way to increase affordable housing, the council must act to bring the town into compliance with a 2016 state law designed to put more flexibility into accessory dwelling unit regulations.
The Planning Commission held extensive hearings on the issue last year and forwarded its recommendations to the council. But it was evident during the Dec. 5 council meeting that council members did not agree with some of those recommendations.
For example, the commission recommended that at least one unit on a property—either the main home or an accessory unit—be owner-occupied.
“Usually, secondary dwelling units are in a residential area, and it’s increasing the intensity and density by having secondary dwelling units,” Town Attorney Rob Schultz said on Dec. 5. “If one of them is owner-occupied, you tend to keep noise down as opposed to renters. That’s at least the theory behind the idea of having owner-occupied.”
Almond Grove resident Angelia Doerner questioned the reasoning for owner-occupied units.
“The current ordinance does not require owner occupation of either the permanent or accessory dwelling unit, and for us to now require it, even though the state does not require it but does allow it, why are we being more restrictive when the entire intent of the state law is to increase the development of secondary units and the availability of affordable housing?” Doerner asked.
Several council members agreed with her, so it looks like the proposed owner-occupied provision will be struck.
Many older Los Gatos homes have detached garages, which some people think make them ideal secondary units, especially if a second story can be built on top. But that issue remains unresolved.
“What I was struggling with is a property with all one-story (homes) or a neighborhood with predominantly one-story, and then putting your second story over the garage,” Councilwoman Barbara Spector said. “If it’s already got a second-story building on it, to me it’s a no-brainer.”
The concept of floor area ratio, or how much land can be covered with buildings, is also an unresolved issue. Councilwoman Marcia Jensen supports “divorcing” floor area ratio from the equation, saying more units could be built that way.
“We made a conscious decision to make these a part of our strategy to meet our regional housing needs assessment for affordable housing in Los Gatos,” Jensen said. “So, it’s in our General Plan, and I think that we have an obligation as a council to make sure that we are trying to do as much as we can to get those units built and/or legitimized, and make them available for affordable housing because often, especially in this community with the price of land, that’s the way it can get done.”
Also on Jan. 16, the council is slated to discuss the fees it charges nonprofits to use town facilities and parks, or close off streets like North Santa Cruz Avenue.
The council meeting begins at 7 p.m. in the council chamber at 110 E. Main St.
