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Ord 1716 - AMENDING THE ZONING ORDINANCE RELATING TO SECONDARY DWELLING UNITSORDINANCE NO. 1716 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO SECONDARY DWELLING UNITS THE TOWN COUNCIL ORDAINS: SECTION I. SECTION 2.00.397 is amended to read: SEC. 2.00.397: PRIMARY DWELLING UNIT A primary dwelling unit is a single family dwelling unit located on a lot with no other dwellings on the lot except for secondary dwelling units. SECTION II. SECTION 3.50.050(1) of the Zoning Ordinance is amended to read: SEC. 3.50.050: DURATION OF NONCONFORMING USE STATUS (1) The following uses are allowed to continue interminably: (a) Nonconforming residential uses (except nonconforming secondary dwelling units pursuant to Section 3.98 of this ordinance). (b) Schools. (c) Church uses. (d) Nonresidential uses in the downtown which would otherwise be nonconforming due to zone changes and ordinance amendments which occurred after July 1, 1982. SECTION III. SECTION 3.95.010 of the Zoning Ordinance is amended to read: S EC. 3.95.010: INTENT Chapters 3.95, 3.96, 3.97 and 3.98 are adopted to fulfill the requirements of the Housing Element for regulating secondary dwelling units. SECTION IV. SECTION 3.95.020 of the Zoning Ordinance is repealed. SECTION V. SECTION 3.95.030 of the Zoning Ordinance is repealed. SECTION VI. SECTION 3.95.040 of the Zoning Ordinance is repealed. SECTION VII. The Title for CHAPTER 3.96 is amended to read: CHAPTER 3.96 EXISTING UNLAWFUL SECONDARY DWELLING UNITS SECTION VIII. SECTION 3.96.010 is amended to read: SEC. 3.96.010: DEFINITION OF EXISTING UNLAWFUL SECONDARY DWELLING UNITS An existing unlawful secondary dwelling unit is defined as a secondary dwelling unit which existed in the Town on June 1, 1983 and has existed as a secondary dwelling unit continuously. Existing unlawful secondary dwelling units are eligible for a secondary dwelling unit permit regardless of the zone in which the property is located. SECTION IX. SECTION 3.96.015 of the Zoning Ordinance is added to read: SEC. 3.96.015: NUMBER (1) A maximum of two (2) existing secondary dwelling units are allowed on a single lot if no other accessory living quarters exists on the property. All other secondary dwelling units or accessory living quarters on the property must be abated. _2_ (2) Only one secondary dwelling unit is permitted on a lot with an existing approved accessory living quarters. All other secondary dwelling units on the property must be abated. SECTION X. SECTION 3.96.020 of the Zoning Ordinance is amended to read: SEC. 3.96.020 UNLAWFUL SECONDARY DWELLING UNITS EXISTING ON JUNE 1, 1983 The owner of a secondary dwelling unit which existed in the Town on June 1, 1983 shall apply for a secondary dwelling unit permit by December 31, 1987. Where an application for a secondary dwelling unit permit has not been filed by December 31, 1987, the unit shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling unit under Chapter 3.97 of this Ordinance, the unit shall be determined to be unlawful and shall be abated. SECTION XI. SECTION 3.96.030 of the Zoning Ordinance is amended to read: SEC. 3.96.030: EXISTING UNLAWFUL SECONDARY DWELLING UNITS AT THE TIME OF 0P The owner of an existing unlawful secondary dwelling unit which existed at the time of annexation shall be treated as a new secondary dwelling unit. If the unit does not qualify as a new secondary dwelling pursuant to Chapter 3.97, the unit shall be abated. SECTION XII. SECTION 3.96.040 of the Zoning Ordinance is amended to read: SEC. 3.96.040: HOUSING CODE (1) Any unit receiving a secondary unit permit pursuant to Section 3.96.020 shall be required to comply with the Town Housing Code, and all improvements shall be completed by December 31, 1988. (2) Any unit receiving a secondary unit permit pursuant to Sections 3.96.020 or 3.96.030 shall be required to comply with the Town Housing Code, and all improvements shall be completed within one year from the date of application. - 3 - (3) Where a timely application under Sections 3.96.020 has been filed, and approved, an extension from the compliance date may be granted for good cause shown. An extension of more than six months may be granted by the Planning Commission upon finding that a hardship exists. SECTION XIII. SECTION 3.96.050 of the Zoning Ordinance is repealed. SECTION XIV. SECTION 3.96.080 is added to the Zoning Ordinance to read: SEC. 3.96.080: REMODELING AND RECONSTRUCTION (1) Where a timely application under Section 3.96.020 has been filed and approved, a secondary dwelling may be remodeled providing the building height, area and footprint are not expanded. (2) Planning Director approval is required for the remodeling or reconstruction of an existing secondary dwelling unit in the case of destruction. The proposed construction shall be designed so as to architecturally harmonize with the surrounding structures so long as the construction does not increase the height or size of the unit. The factors to be considered when reviewing the design of such proposed construction include: - Building height - Building materials - Colors - Setback conformity. SECTION XV. SECTION 3.97.015 is added to the Zoning Ordinance to read: SEC. 3.97.015 NUMBER (1) Only one new secondary dwelling unit may be permitted on a lot. None will be permitted upon a lot with an existing secondary dwelling unit and /or an accessory living quarters. SECTION XVI. SECTION 3.97.040 of the Zoning Ordinance is repealed. - 4 - SECTION XVII. SECTION 3.97.050 of the Zoning Ordinance is repealed. SECTION XVIII. CHAPTER 3.98 is added to the Zoning Ordinance to read: CHAPTER 3.98 NONCONFORMING SECONDARY DWELLING UNITS SEC. 3.98.010: DEFINITION OF NONCONFORMING SECONDARY DWELLING UNITS A nonconforming secondary dwelling unit is defined as a secondary dwelling unit that exists under the following circumstances: (1) A unit is created or converted lawfully but due to a zone change or an amendment to the Zoning Ordinance the unit has become nonconforming. (`L) The unit was lawfully created while in the County and upon annexation the unit becomes nonconforming. SEC. 3.98.020: NONCONFORMING SECONDARY DWELLING UNIT PERMITS The owner of a nonconforming secondary dwelling unit must obtain a secondary dwelling unit permit. Any application received after December 31, 1987, shall be subject to an application fee and may be subject to a civil penalty pursuant to Section 5.70.055(4) of this Zoning Ordinance. Where an application has been submitted for a nonconforming secondary dwelling unit permit and Town records do not establish the nonconforming status of the secondary unit, 'the property owner will have 60 days from the date of notice he /she is informed of the Town's findings to submit data to support their claim that the unit is nonconforming. If at the end of 60 days data has not been submitted by the property owner to establish the secondary dwelling unit is nonconforming to the satisfaction of the Planning Director, the unit shall be determined to be an existing unlawful secondary dwelling unit pursuant to Section 3.96.020 of this ordinance and subject to its regulations. - 5 - SEC. 3.98.030: NONCONFORMING SECONDARY DWELLING UNITS EXISTING AT THE TIME OF ANNEXATION Upon annexation a lawful secondary dwelling unit shall become nonconforming and the owner must either apply for a secondary dwelling unit permit within one year of the date of annexation, or abate the unit. SEC. 3.98.040: NUMBER (1) A maximum of - two (2) nonconforming secondary dwelling units are allowed on a single lot if no other accessory living quarters exists on the property. All other secondary dwelling units or accessory living quarters on the property must be abated. (2) Only one nonconforming secondary dwelling is permitted on a lot with an existing approved accessory living quarters. All other secondary dwelling units on the property must be abated. SEC. 3.98.050: HOUSING CODE (1) Any nonconforming secondary dwelling unit receiving a secondary dwelling unit permit pursuant to Section 3.98.020 shall be required to comply with the Town Housing Code. (2) Any nonconforming secondary dwelling unit receiving a secondary dwelling unit permit pursuant to Section 3.98.030 shall be required to comply with the Town Housing Code and all improvements shall be completed within one year from the date of application. (3) Where a timely application under Sections 3.98.020 or 3.98.030 has been filed, and approved, an extension from the compliance date may be granted for good cause shown. Any extension request for longer than six months may be granted by the Planning Commission upon finding that a hardship exists. SEC. 3.98.060: REMODELING AND RECONSTRUCTION (1) Where a timely application under Section 3.98.020 or 3.98.030 has been filed and approved, a secondary dwelling may be remodeled providing the building height, area and footprint are not expanded. - 6 - (2) Planning Director approval is required for the remodeling or reconstruction of a secondary dwelling unit in the case of destruction. The proposed construction shall be designed so as to architecturally harmonize with the surrounding structures so long as the construction does not increase the height or size of the unit. The factors to be considered when reviewing the design of such proposed construction include: - Building height - Building materials - Colors - Setback conformity SECTION XIX. SECTION 4.10.010 is amended to read: SEC. 4.10.010: ACCESSORY BUILDINGS In residential zones (defined by Section 4.05.010), accessory buildings located on the same site with a permitted use, including private garages and carports, studios - for private use, garden structures, green houses, hobby shops, recreation rooms and free - standing patio covers are allowed if such accessory buildings: (1) Are not over 15 feet high, (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 R -M zone where no setback is required by this subsection (4), (5) Do not occupy more than 15 per cent of the area where there is no limitation, (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, (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 in diameter may be approved by the Planning Director upon good cause shown. - 7 - SECTION XX. SUBSECTION (28) of SECTION 5.60.010 of the Zoning Ordinance is amended to read: (28) Determines initial applications, any applications for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. SECTION XXI. SUBSECTION (29) is added to SECTION 5.60.010 of the Zoning Ordinance to read: (29) Determines application for plumbing buildings. SECTION XXII. SEC. 5.70.055: CIVIL PENALTIES fixtures in accessory Notwithstanding Section 5.70.040 relating to criminal penalty, any person found to have violated Section 3.20.050 shall be liable to pay the Town a civil penalty as prescribed in Subsections 1 -3. Any person found to have violated Section 3.98.020 shall be liable to pay the Town a civil penalty as prescribed in Subsection 5.70.055(4): (1) Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of size or age of tree, with such number of similar trees as will provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, Forestry and Maintenance Services. Where similar replacement trees will not provide reasonably equivalent aesthetic quality, the Director of Parks, Forestry and Maintenance Services shall calculate the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other Plants by the International Society of Arboriculture and said value will be the civil penalty for violation of Section 3.20.050 in addition - to Section 5.70.055(2). Where replanting cannot be accomplished to the satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the removed tree shall be deposited into the Street Tree Deposit Account. (2) The cost of enforcing this Chapter, which shall include all costs, staff time, and attorneys' fees. (3) All replacement trees planted as required by Section 5.70.055(1) shall be maintained by the property owner under a two -year written maintenance agreement with the Town. (4) A $5,000 civil penalty shall be imposed against any property owner found in violation of Section 3.98.020 in addition to any application fees required and the cost for correcting any Housing Code deficiencies. SECTION XXIII. 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. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on April 6th 1987 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on April 20th , 1987. AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, and Robert L. Hamilton NOES: COUNCIL MEMBERS Thomas J. Ferrito and Mayor Brent N. Ventur ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: MAYOR OF HiE ITWN OF OS GTTOS ATTEST- CLERK OF THE TOWN OF OS GAI (GPOI: Resol. /2DU; pg. 4 -12)