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Town attorney: new code would let most ADUs be built by-right to qualify for DOLA grant
Summary
At an Aug. 3 workshop, the town's attorney walked the council through a consolidated land-use code that would allow accessory dwelling units (ADUs) as an accessory use by right under the new draft; staff warned a major-site-plan classification could block DOLA ADU certification and grant eligibility unless council allows administrative review.
The Mountain View Town Council spent most of its Aug. 3 workshop weighing how the consolidated land-use code would treat accessory dwelling units, with town attorney Austin Pierce Flanagan saying the draft makes ADUs easier to permit in most cases.
Flanagan told the council that, under the proposed code, ADUs are listed in the permitted-uses table as an "accessory use by right" accompanied by a few standards. "It is allowed as an accessory use by right," he said, adding the revised procedures table clarifies whether an ADU requires a minor or major site plan.
Why that matters: Flanagan said DOLA's ADU certification process flags any requirement that forces ADUs into council review. "Their one red flag for us was this requirement" that ADUs be treated as major site plans, he said, and DOLA recommended administrative (minor site-plan) approval if Mountain View wants grant eligibility to offset resident construction costs.
Council members pressed staff on trade-offs: some argued keeping review at the council level preserves community input on larger ADUs, while others said administrative review would speed approvals and help low-cost ADU construction. Staff said the draft already includes a modest FAR bonus for ADUs and an exemption that excludes ADU floor area from FAR calculations.
On parking, the draft follows DOLA's minimum: no additional on-site parking is required for ADUs to maintain ADU-friendly designation. Council members agreed to preserve the no-minimum approach for now but asked staff to report back with a 12-month lookback on parking and other impacts after code adoption.
The council did not adopt final code language at the workshop; staff said they will include the ADU review option in the consolidated packet and, if council wishes, will adjust the procedure to secure DOLA certification and associated grant opportunities.
