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Planning commission forwards ADU code updates to Town Council to align with new state rules
Summary
The commission unanimously recommended that the Town Council adopt amendments to Chapter 29 to reflect recent state ADU law, including allowing one town‑standard ADU plus up to three by‑right ADUs on single‑family lots and defining setbacks and separations for detached units.
The Town of Los Gatos Planning Commission on June 15 unanimously voted to forward a draft ordinance amending Chapter 29 of the zoning code to the Town Council. Staff said the changes align local rules with recent state legislation that expands how many accessory dwelling units (ADUs) property owners can build.
Planner Mr. Mullen told commissioners the draft ordinance keeps many existing local standards but creates two ADU categories: "town‑standard" ADUs, which remain subject to the town’s objective development requirements and are eligible for a 10% FAR increase; and "by‑right" ADUs, which state law exempts from local floor‑area limits (the draft code caps by‑right ADUs at 800 square feet). Under the draft, a single‑family property could have one town‑standard ADU plus up to three by‑right ADUs (a mix of detached, conversion and junior ADUs), consistent with state allowances.
Commissioners asked technical questions about product mixes, separations and setbacks. Staff said detached by‑right ADUs would need a minimum 5‑foot wall‑to‑wall separation and that side and rear setbacks are 4 feet, consistent with state maximums. Staff stressed that the town structured the code so objective standards that protect privacy — for example prohibitions on second‑story decks that intrude on neighbors — would still apply where state law permits.
Commissioner Shorty moved to forward the ordinance to the Town Council with findings under CEQA (Section 15061) and the general‑plan findings required for a code amendment; Commissioner Mayor seconded. The commission passed the motion unanimously. If the council adopts the ordinance after a second reading, it would become effective 30 days after adoption; staff noted that state law already governs ADU entitlements where local code conflicts with state provisions.
Next steps: the Planning Commission’s recommendation will go to the Town Council for consideration and possible adoption at a future meeting.
