Ord 1756 - AMENDING THE ZONING ORDINANCE CONCERNING NONCONFORMING LOTS AND THE MERGER OF NONCONFORMING LOTSORDINANCE NO. 1756
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE CONCERNING
NONCONFORMING LOTS AND THE MERGER OF NONCONFORMING LOTS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
SECTION 3.10.010 of the Zoning Ordinance is amended to read:
SEC. 3.10.010 LOT MERGER
A parcel of land does lawfully exist separately from other land and is a
lot when the parcel meets each of the following criteria:
1. Comprises at least 5,000 square feet in area.
2. Was created in compliance with applicable laws and ordinances in effect
at the time of its creation.
3. Meets current standards for sewage disposal and domestic water supply.
4. Meets slope density standards.
5. Has legal access which is adequate for vehicular and safety equipment
access and maneuverability.
6. Development of the parcel would create no health or safety hazards.
7. The parcel would be consistent with the applicable general plan and any
applicable specific plan, other than minimum lot size or density
standards.
8. No structures are built over a common property line(s) which is shared
with another parcel(s) under the same or substantially the same
ownership.
Any parcels under the same or substantially the same ownership that do not meet
the criteria listed above shall be considered merged. In addition no parcel
shall be modified through a lot line adjustment procedure in order to meet the
criteria listed above.
SECTION II
SECTION 3.50.140 of the Zoning Ordinance is amended to read:
SEC. 3.50.140: NON CONFORMING LOTS
The following provisions apply to nonconforming lots:
(1) If the lot is in a residential zone and recognized by the Town as a law-
ful, separate nonmerged lot pursuant to Section 3.10.010, a
single - family dwelling may be erected if Architecture and Site Approval
is obtained.
(2) If the lot is in other than a residential zone, it may be used for any
purpose allowed in the zone.
(3) Any rule of the zone including front, side and rear yard requirements
may be modified by the terms of the Architecture and Site Approval so
that the building and its use will be compatible with the neighborhood.
SECTION III
SECTION 5.60.010 of the Zoning Ordinance is amended to read:
SEC. 5.60.010: PLANNING DIRECTOR
The Planning Director:
(1) Prescribes all forms and contents of applications.
(2) Keeps all records of Planning Commission, Development Review Committee,
Planning Director and Planning Department work, except records transmit-
ted to the Town Council and retained by the Town Clerk.
(3) Investigates applications.
(4) Gives all notices except notices of proceedings of the Town Council.
(5) Prepares Committee and Commission agendas, sets Committee and Commission
hearing dates (subject to the requirements of this ordinance) and
establishes filing deadlines.
(6) Issues permits for temporary sales of Christmas trees and pumpkins, use
and occupancy certificates, horse permits and amateur horse events, home
occupations and sign permits.
(7) Determines revocations or modifications of animal permits and home occu-
pation permits.
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(8) May refer any matter assigned by ordinance to him for decision to the
Commission for decision.
(9) Determines applications for sign approval when action is not required of
the Council or Commission.
(10) Determines applications for tree permits upon recommendation by the Di-
rector of Parks, Forestry and Maintenance Services to the extent provid-
ed by Section 3.20.065.
(11) Determines applications for Section 3.65.020 demolition permits.
(12) Where action is based on an application or notice of appeal, prepares a
written notification of all determinations, except determinations by the
Council, and sends the notifications to all applicants and appellants.
(13) Prepares and sends notifications required by statute to the County As-
sessor.
(14) Notifies applicants of hearings.
(15) Keeps records of nonconforming signs and mails notices to owners of such
signs.
(16) Corrects zoning map.
(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance compliance.
(19) Determines parking requirements for uses whose parking requirements are
not specified.
(20) Keeps records of those properties which have utilized parking district
exemptions -.
(21) Determines applications for expansion of nonconforming one or two - family
dwellings.
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures.
(24) Chairs the Development Review Committee.
(25) Assists in the writing of ordinances.
(26) Determines whether lots have merged and makes recommendations to the
Planning Commission regarding lot mergers, Certificates of Compliance,
and Notices of Violation.
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(27) Jointly with the Building Official and the Town Engineer determines
parking lot permits as provided by Section 3.42.120.
(28) Determines initial applications, any applications for time extensions
and applications for remodeling or reconstruction for secondary dwelling
unit permits.
(29) Determines application for plumbing fixtures in accessory buildings.
(30) Those duties as described in Chapter 4.38 of the Zoning Ordinance.
SECTION IV
SECTION 5.60.200 of the Zoning Ordinance is amended to read:
SEC. 5.60.200 PLANNING COMMISSION
(1) May initiate general plan amendments and specific plans or amendments.
(2) Hears and recommends all proposals for adoption and amendment of the
General Plan.
(3) Hears and recommends all proposals for adoption and amendment of specif-
ic plans.
(4) May initiate zone changes and amendments to this ordinance.
(5) Hears and recommends proposals for zone changes, prezonings, and
amendments to this Ordinance, including those referred to it by the Town
Council.
(6) Determines whether to hear applications for rezoning made within one
year of a similar application.
(7) Determines variance applications.
(8) Determines Conditional Use Permit applications.
(9) Determines applications for Architecture and Site Approval.
(10) Determines time extension when it would have had the power to grant the
original approval.
(11) Determines revocations and modifications of zoning approvals as provided
in Section 5.30.120.
(12) Determines matters referred to it by the Planning Director.
(13) Hears appeals from decisions of the Planning Director.
(14) Determines whether to allow all deviations from the standards of this
Ordinance which are specifically authorized by this Ordinance
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except variances, and determines when stricter standards than those
generally imposed by this Ordinance but specifically provided for in
this Ordinance, apply.
(15) Determines applications to alter or demolish structures, sites and areas
designated, determines whether the Commission must suspend action on
applications to alter or demolish structures, sites and areas designat-
ed, under the provisions of Chapter 4.86, or for which designation
proceedings are pending.
(16) Determines location and adequacy of required open space for residential
condominiums in any zone and for multiple family developments in the R -M
zone.
(17) Determines applications for Section 3.20.060 tree permits.
(18) Determines requirements for access to remote areas in the RC and HR
zones.
(19) Determines applications for neighborhood identification signs, and signs
on freestanding walls.
(20) Performs any functions required by statute or ordinance but not
specifically assigned by this Ordinance.
(21) Determines applications for Certificates of Compliance and Notices of
Violation.
(22) Determines whether a nonconforming use is no longer lawful.
(23) Determines applications for parking lot permits pursuant to Section
3.42.120.
(24) Forwards a recommendation to the Town Council concerning Mobile Home
Park Conversion Permit Applications.
SECTION V
This ordinance takes effect 30 days after the date it is adopted. Within 15
days after this ordinance is adopted the Town Clerk shall cause it to be
published once in a newspaper of general circulation published and circulated in
the Town.
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This ordinance was introduced at a meeting of the Town Council of the Town
of Los Gatos on July 18 , 1988, and adopted by the following vote as
an ordinance of the Town of Los Gatos at a regular meeting of the Town Council
on August 1 1988•
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Brent N. Ventura and
Vice -Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS Robert L. Hamilton
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mayor Eric D. Carlson
SIGNED: Oe Vq� A �-
VI AYOR OF TH OW F LOS GATOS
ATTEST:
SENIOR DEPUTY CLERK OF E TOWN OF LOS GATOS
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