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Ord 1798 - Amedning the Zoning Ordinace provisions to the requirements for accessory buildingsORDINANCE 1798 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE PROVISIONS TO THE REQUIREMENTS FOR ACCESSORY BUILDINGS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I The Zoning Ordinance of the Town of Los Gatos is hereby amended to modify various provisions to the requirements for accessory buildings, includ- ing area of lot coverage, height, maximum floor area and number of stories. SECTION II Section 3.50.110 of the Zoning Ordinance is to be amended as follows: SECTION 3.50.110 EXPANSION OF NONCONFORMING BUILDING This Section 3.50.110 regulates the expansion of nonconforming buildings: (1) Except as provided in subpart (6), the expansion of nonconforming commercial or industrial buildings located in res- idential zones (Section 4.05.010) is prohibited. (2) The expansion of nonconforming multiple family dwellings in the RC, HR, R -1, R -D, or R -1D zone is prohibited. (Amended by Ord. 1493, 3- 17 -81) (3) Except as provided in subpart (6), the expansion of nonconforming industrial buildings in an office or commercial zone (Section 4.50.010) is prohibited. (4) Nonconforming one or two - family dwellings and accessory structures on lots with one and two - family dwellings in any zone may be expanded with the approval of the Planning Direc- tor. (5) Architecture and Site Approval is required for the expansion of any nonconforming building except as provided in (4) above. (6) When a law, ordinance or regulation concerning public safety or the safety of a workplace requires an alteration to a nonconforming building in order to allow the continuation of an otherwise lawful activity in the building, a Conditional Use Permit may be issued for the alteration. Besides the usual Conditional Use Permit findings, however, the facts must also support findings that the alteration will neither impose any added burden whatever on, nor detract from the character of the neighborhood, nor increase in any way the difficulty of terminating the nonconforming building or use on schedule. Recordable agreements may be required. -2- SECTION III Section 4.10.010 of the Los Gatos Zoning Ordinance should be amended as follows: Section 4.10.010 - Accessory Buildings In residential zones (defined by Section 4.05.010), accessory buildings (excluding horse barns and shelters), located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and free - standing patio covers are allowed if such accessory buildings: (1) Are not over 15 feet high and are no more than one story. Lofts which do not have sufficient headroom for occupancy are permitted for storage use only. (2) Are not in a required front or side yard; (3) Are at least five feet from any other structure located on the same lot; (4) Are at least five feet from any property line, except in the RM Zone where no setback is required by this subsection (4); (5) Do not occupy more than 15 percent of the lot, to be calculated exclusive of the required building setbacks. Any accessory structure in excess of 450 sq. ft. requires the approval of the Planning Director; (6) When located on a reversed corner lot, do not project beyond the front yard line required on the lot in the rear of such lot. -3- (7) Breezeways may be used to provide shelter between buildings. Accessory structures may have plumbing installed providing the fixtures may be served by a 2 -inch diameter building drain. Building drains in excess of 2 inches may be approved by the Planning Director upon good cause shown. SECTION IV SECTION 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, ex- cept records transmitted 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 ama- teur horse events, home occupations and sign permits. -4- (7) Determines revocations or modifications of animal permits and home occupation permits. (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 re- quired of the Council or Commission. (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided 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 Assessor. (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. -5- (18) Reviews applications for construction permits for ordinance com- pliance. (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. (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 Ordi- nance. S:i: (31) Determines applications for accessory structures in R -1 zones in excess of 450 sq. ft. or on properties with one or two - family dwellings. 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 circulat- ed in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 21 1989 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on September 5 , 1989• AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Joanne Benjamin NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Eric D. Carlson SIGNED: awt� MAYOR OF THE TOWN 0 LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS 1 -7-