Council Meeting

TOWN OF LOS GATOS COUNCIL AGENDA REPORT Minutes of the Town Council Meeting Tuesday, November 7, 2023 The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, November 7, 2023, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie. Absent: None PLEDGE OF ALLEGIANCE Girl Scout Troup 60879 led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss the Annual Town Manager and Town Attorney performance evaluations and potential litigation, and stated there was no reportable action taken under the Brown Act. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Rennie stated he attended the Los Gatos-Monte Sereno Police Foundation recognition luncheon, the Silicon Valley Clean Energy Authority (SVCEA) Executive Committee meeting, a SVCEA Risk Oversight Committee meeting, and a Valley Transportation Authority (VTA) Board meeting. - Council Member Moore acknowledged it was election night for some jurisdictions; stated he attended a Belwood community meeting; participated in a ride along with the Los Gatos-Monte Sereno Police Department; met with Governor Gavin Newsom’s senior advisor on homelessness; attended a poetry reading at the Library for Native American Heritage Month by San Francisco’s Poet Laureate Kim Shuck and Los Gatos’s Poet Laureate Jen Siraganian; shopped at Domus and Butter Paddle and encouraged all to shop local for the holidays; and announced Council Member Community Coffee will be held on Friday. - Council Member Hudes stated he met with the Director of Live Oak Nutrition and also with the Older Adults Thrive Foundation; attended a Bay Area Housing Corporation fundraising event at Campo Di Bocce; met with residents from the Belgatos neighborhood; and attended a free speech event commemorating and remembering those who have been kidnapped in the conflict between Israel and Hamas. - Vice Mayor Badame stated she attended the Los Gatos-Monte Sereno Police Foundation recognition luncheon, a Community Health and Senior Services Commission (CHSSC) meeting, and the Halloween festivities in the Almond Grove neighborhood; met with the 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 Executive Director of the West Valley Solid Waste Management Authority (WVSWMA); and attended a WVSWMA Board meeting and a West Valley Clean Water Authority (WVCWA) Board meeting. - Mayor Ristow stated she attended many meetings including Los Gatos-Monte Sereno Police Foundation luncheon, a West Valley Mayors and Managers meeting, a ribbon cutting for Parkside restaurant, a Bay Area Housing Corporation fundraising event at Campo Di Bocce, and the Eden Housing 55th Anniversary Celebration; met with Supervisor Simitian and members of the faith-based community; attended the YWCA 33rd Annual Inspire Luncheon, a Santa Clara Valley Cities Mayors meeting in partnership with the US Conference of Mayors, and a tree dedication on the campus of the United Methodist Church; met with residents to discuss a variety of topics; and attended ribbon cuttings including the opening of the second campus for Stratford School. Manager Matters - Announced the recruitment period for Boards and Commission closes Friday at 4:00 p.m., and application details can be found on the Town’s website. - Announced the Planning Commission will hold a special meeting on November 15 to discuss the Housing Element. - Announced the Winter Celebration will be held on Friday, December 1st at Town Plaza Park. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve the Council Study Session Meeting Minutes of October 10, 2023. 2. Approve the Closed Session Council Meeting Minutes of October 17, 2023. 3. Approve the Council Meeting Minutes of October 17, 2023. 4. Approve the Closed Session Town Council Meeting Minutes of October 30, 2023. 5. Authorize Revenue and Expenditure Budget Adjustments in the Total Amount of $19,672 to Recognize Receipt and Expenditure of Grant Funding Received by the Library. 6. Adopt an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway) for Property Located at 15810 Los Gatos Boulevard.” APN: 523-01-001. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, Which Included the Proposed General Plan Amendment for the Property Located at 15810 Los Gatos Boulevard. No Further Environmental Analysis is Required. Zone Change Application Z-23-001. PROPERTY OWNER/APPLICANT: Jesus Ching and Kathleen Ban. PROJECT PLANNER: Jocelyn Shoopman. ORDINANCE 2345 7. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF). RESOLUTION 2023-058 PAGE 3 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 8. Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements by Chang 2003 Family Trust for the Subdivision Located at 16940 Roberts Road and Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance. RESOLUTION 0223-059 9. Adopt a Resolution Approving Changes to the Town’s Comprehensive Fine Schedule Amending the Fines for Violations of the E-Bike Ordinance and Tobacco Retailing Ordinance and Correcting Outdated References to Town Code Sections for Other Violations. RESOLUTION 2023-060 10. Adopt a Resolution to Seek Membership in the American Association of Retired People (AARP) Network of Age-Friendly Communities. RESOLUTION 2023-061 11. Authorize the Town Manager to Execute an Updated Agreement Between the Town of Los Gatos and the County of Santa Clara for Administration of the Town’s Tobacco Retail Permit Program. 12. Approve a Side Letter of Agreement Between the Town of Los Gatos and the Town Employee Association (TEA) to establish a “Retention and Recruitment Bonus” for Dispatch Classifications Beginning July 9, 2023 and Ending June 30, 2024, Authorize the Town Manager to Execute the Side Letter, and Authorize a FY 2023/24 Expenditure Budget Adjustment in the Amount of $103,100 from the Capital/Special Projects Reserve. Mayor Ristow opened public comment. No one spoke. Mayor Ristow closed public comment. MOTION: Motion by Council Member Rennie to approve the consent items consisting of item one through twelve and noted that it includes the revised resolution for Item #10 that was distributed with the desk item. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Joseph Enz - Commented in support of the Police Department and expressed concerns with a couple of Officers. Lee Fagot - Commented on the 100th anniversary of the Christmas Tree in Town Plaza Park. Aubrie Mastrangelo, Division Director of Mental Health Services, Bill Wilson Center - Commented on Runaway and Homeless Youth Prevention Month and the services the Center provides. PAGE 4 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 Lynley - Commented on concerns with democracy, comments by others about Hamas, and the unhoused. PUBLIC HEARINGS 13. Adopt an Enabling Resolution to Change the Name of the Parks Commission to the Parks and Sustainability Commission and Add Appropriate Powers and Duties and Rescind Resolution 2016-057; and Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Section 19.20.010, ‘Parks and Recreation – Created’ and Section 26.10.070, ‘Trees and Shrubs – Appeals’ to Update Reference to Parks Commission to Parks and Sustainability Commission.” RESOLUTION 2023-062 Nicolle Burnham, Parks and Public Works Director, presented the staff report. Mayor Ristow opened public comment. No one spoke. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to approve the resolution and add to the resolution a definition of sustainability as “meets the needs of the present without compromising the ability of future generations to meet their own needs” and introduce the ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Section 19.20.010, ‘Parks and Recreation – Created’ and Section 26.10.070, ‘Trees and Shrubs – Appeals’ to Update Reference to Parks Commission to Parks and Sustainability Commission.” Seconded by Council Member Moore. VOTE: Motion passed unanimously. OTHER BUSINESS 14. Discuss and Provide Any Requested Modifications to the Proposed Joint Powers Agreement (JPA) to Create the Cities Association of Santa Clara County Joint Powers Agency. Laurel Prevetti, Town Manager, presented the staff report. Mayor Ristow opened public comment. Larry Klein, Mayor of Sunnyvale - Commented on the process of moving to a Joint Powers Authority and discussed the benefits of joining the association. PAGE 5 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Moore to approve the proposed Joint Powers Association (JPA) agreement to create the Cities Association of Santa Clara County Joint Powers Agency and authorize the Town Manager to execute the agreement. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. PUBLIC HEARINGS 15. Hear Protests and Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Los Gatos Boulevard No. 20, Approximately 0.521 Acres on Property Pre-Zoned R-1:8. APN 523-01-001. Annexation Application AN22-001. Project Location: 15810 Los Gatos Boulevard. Property Owner/Applicant: Jesus Ching and Kathleen Ban. RESOLUTION 2023-063 Jocelyn Shoopman, Associate Planner, presented the staff report. Mayor Ristow opened public comment. No one spoke. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Vice Mayor Badame to adopt a resolution (Attachment 1 of the staff report) making determinations and approving the reorganization of an uninhabited area designated as Los Gatos Boulevard No. 20, approximately 0.521 acres, located at 15810 Los Gatos Boulevard (APN 523-01-001). Seconded by Council Member Moore. VOTE: Motion passed unanimously. 16. Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend the General Plan to Include a Description of the Housing Element Overlay Zone and Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Replace the Affordable Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’ With the Housing Element Overlay Zone As Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation.’” An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General PAGE 6 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 Plan and Town Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002 and General Plan Amendment Application GP-23- 002. Applicant: Town of Los Gatos. Project Planners: Jocelyn Shoopman and Erin Walters. RESOLUTION 2023-064 and ORDINANCE 2347 Jocelyn Shoopman, Associate Planner, presented the staff report. Mayor Ristow opened public comment. Lee Quintana - Requested clarification on the zoning and development requirements. Lee Fagot - Commented that his remarks pertained to multiple items on the agenda, including concerns with the housing sites buffer, overbuilding in the proposed areas, and builder’s remedy. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to approve a recommendation of the Planning Commission to adopt a Resolution to amend the General Plan to include a description of the Housing Element Overlay Zone and introduce an Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to replace the Affordable Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’ with the Housing Element Overlay Zone as Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation’” as revised in the desk items. Seconded by Council Member Moore. VOTE: Motion passed 4-0-1. Vice Mayor Badame abstained. 17. Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential; and Introduce an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single-Family Residential) to R-M (Multiple-Family Residential) for a Caltrans Right- of-Way Property Located Adjacent to 14685 Oka Road; and Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: APN’s 424-06-116, 424-07-116, PAGE 7 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15795, 16151, 16203, and 16492 Los Gatos Boulevard; 165 Los Gatos Saratoga Road; and 14800 and 14840 Oka Road.” An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan and Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003. Applicant: Town of Los Gatos. RESOLUTION 2023-065 and ORDINANCE 2348 Erin Walters, Associate Planner, presented the staff report. Mayor Ristow opened public comment. No one spoke. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Moore to adopt the staff recommendation as contained in the Item #17 staff report [approve a recommendation of the Planning Commission to adopt a Resolution to amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential; and introduce an Ordinance titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single- Family Residential) to R-M (Multiple-Family Residential) for a Caltrans Right-of-Way Property Located Adjacent to 14685 Oka Road; and Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: APN’s 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08- 074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15795, 16151, 16203, and 16492 Los Gatos Boulevard; 165 Los Gatos Saratoga Road; and 14800 and 14840 Oka Road”] with the addition of the information in the desk item and the addendum. Seconded by Council Member Rennie. PAGE 8 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 VOTE: Motion passed 3-1-1. Council Member Hudes voted no. Vice Mayor Badame abstained. Vice Mayor Badame announced she will recuse herself from Item #18 due to the location of her residence within 1,000 feet of the proposed sites and left the Council Chambers. Mayor Ristow called a recess at 9:30 p.m. The meeting reconvened at 9:43 p.m. 18. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Site Inventory Analysis of the 2023-2031 Housing Element: 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos. ORDINANCE 2349 Erin Walters, Associate Planner, presented the staff report. Mayor Ristow opened public comment. No one spoke. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Rennie to accept the rezoning of the two properties by approving the recommendation listed in the Item #18 staff report [approve a recommendation of the Planning Commission to introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Site Inventory Analysis of the 2023-2031 Housing Element: 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.”] Seconded by Council Member Moore. VOTE: Motion passed 3-1-1. Council Member Hudes voted no. Vice Mayor Badame recused. PAGE 9 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 Vice Mayor Badame returned to the Council Chambers. Council Member Moore announced he will recuse himself from Item #19 due to the location of his residence to the proposed sites and left the Council Chambers. 19. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos. ORDINANCE 2350 Erin Walters, Associate Planner, presented the staff report. Mayor Ristow opened public comment. Lee Quintana - Commented on approving all of the HEOZ items. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Rennie to approve the staff recommendation listed in the Item 19 staff report [approve a recommendation of the Planning Commission to introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard.”] Seconded by Mayor Ristow. VOTE: Motion passed 3-0-1-1. Vice Mayor Badame abstained. Council Member Moore recused. Council Member Moore returned to the Council Chambers. PAGE 10 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 Mayor Ristow announced she will recuse herself from Item #20 due to the location of her residence to the proposed sites, handed the gavel over to the Vice Mayor to preside over the meeting in her absence, and left the Council Chambers. 20. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Site Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 101 South Santa Cruz Avenue.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos. Erin Walters, Associate Planner, presented the staff report. Vice Mayor Badame opened public comment. No one spoke. Vice Mayor Badame closed public comment. Council discussed the item. MOTION: Motion by Council Member Rennie to delay the rezoning of this item to a time in which there is more certainty that it will be needed in order to certify the Housing Element. Seconded by Council Member Hudes. VOTE: Motion passed 3-1-1. Council Member Moore voted no. Mayor Ristow recused. Mayor Ristow returned to the Council Chambers. 21. Introduce an Ordinance Titled “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 and Correcting Outdated References in Town Code Sections Pertaining to Termination of Nonconforming Use Status, Requirements for a Two-Unit Development Under Senate Bill 9 (SB 9), and Civil Penalties.” The Environmental Impacts of the Proposed Amendments to the Town Code were Analyzed in the Environmental Impact Report for the 2040 General Plan. Additionally, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3). Town Code Amendment Application A-23-002. Project Location: Town Wide. Applicant: Town of Los Gatos. ORDINANCE 2351 Sean Mullin, Senior Planner, presented the staff report. PAGE 11 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 Mayor Ristow opened public comment. Lee Quintana - Requested the changes in the Ordinance be summarized and requested a clarification on second story Accessory Dwelling Units (ADUs). Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Rennie to accept staff’s recommendation listed in the Item 21 staff report [to introduce an ordinance titled “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 and Correcting Outdated References in Town Code Sections Pertaining to Termination of Nonconforming Use Status, Requirements for a Two-Unit Development Under Senate Bill 9 (SB 9), and Civil Penalties” as contained in Attachment 1 of the staff report]. Seconded by Council Member Moore. VOTE: Motion failed 2-3. Council Member Hudes, Vice Mayor Badame, and Mayor Ristow voted no. MOTION: Motion by Council Member Ristow to introduce an ordinance with the Planning Commission’s and staff’s recommendations, (Attachment 1 to the staff report) with an amendment to the ordinance to replace the language for no parking requirement with the parking requirements language that was proposed to the Planning Commission. [Remove Sec. 29.10.320 (f) “Parking. No parking shall be required for a new accessory dwelling unit and/or junior accessory dwelling unit.” Add Sec. 29.10.320 (f) “Parking. One (1) parking space per accessory dwelling unit or per 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 shall be provided prior to the issuance of a Building Permit or final inspection, for a new accessory dwelling unit. (1) Exceptions. No parking space shall be required under any of the following conditions: a. No additional parking shall be required for a junior accessory dwelling unit. b. The accessory dwelling unit is located within one-half mile walking distance of public transit. c. The accessory dwelling unit is located within an architecturally and historically significant historic district. d. The accessory dwelling unit is contained within the proposed or PAGE 12 OF 12 SUBJECT: Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023 existing space of, or constructed in substantially the same location and manner as, an existing primary dwelling or accessory structure. e. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. f. When there is a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit. g. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or multi-family dwelling on the same lot. h. 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. i. When the Director finds that the lot does not have adequate area to provide parking.”] Seconded by Council Member Hudes. VOTE: Motion 4-1. Council Member Rennie voted no. ADJOURNMENT The meeting adjourned at 11:14 p.m. Respectfully Submitted: /s/ Jenna De Long, Deputy Town Clerk