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Ord 1640 - Amending the Zoning Ordinance of the Town of Los Gatos relating to permits required for parking lot improvements; relationship of required handicapped accessible parking spaces and required number of parking spacesORDINANCE NO. 1640 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO PERMITS REQUIRED FOR PARKING LOT IMPROVEMENTS; RELATIONSHIP OF REQUIRED HANDICAPPED ACCESSIBLE PARKING SPACES AND REQUIRED NUMBER OF PARKING SPACES The Town Council of the Town of Los Gatos hereby ORDAINS: Cartinn 1 Section 3.40.120 of the Zoning Ordinance of the Town of Los Gatos is hereby enacted as follows: SEC. 3.40.120: PERMIT REQUIRED FOR PARKING LOT IMPROVEMENTS No person shall erect, construct, relocate, enlarge, alter, repair, move, improve, remove, or convert any parking lot without a permit therefor except: (1) When repainting the existing lines in the same configuration without any resurface or top coat; or (2) When included as part of a zoning approval; or (3) Normal maintenance which does not involve extensive structural repairs when necessary to provide for health or safety. Cartinn 9 Section 3.42.120 of the Zoning Ordinance of the Town of Los Gatos is hereby enacted as follows: SEC. 3.42.120: DETERMINATION (1) Applications for permits for parking lot improvements shall be determined by the Building Official subject to review of the Planning Director and the Town Engineer. (2) When compliance with State handicapped accessibility statutes and regulations will result in a reduction in the number of spaces remaining in the parking lot below the number required by this Ordinance, the application shall be determined by the Commission. Cartinn Section 3.42.130 of the Zoning Ordinance of the Town of Los Gatos is hereby enacted as follows: SEC. 3.42.130: STANDARDS Each application for permit for parking lot improvements shall be reviewed and determined in accordance with State handicapped accessibility statutes and regulations. The Planning Commission may approve a permit for parking lot improvements which reduces the number of parking spaces required pursuant to Chapter 3.41 of this Ordinance upon a finding that public necessity for handicapped accessible parking spaces outweighs the need for the number of parking spaces required by Chapter 3.41. Section 4. Section 3.40.140 of the Zoning Ordinance of the Town of Los Gatos is hereby enacted as follows: SEC. 3.42.140: EFFECT OF PLANNING COMMISSION APPROVAL No penalties shall apply to and no assessments shall be based on an in- creased parking space deficiency or a created parking space deficiency pursu- ant to Chapter 3.41 resulting from the Commission approval of a parking lot permit under Section 3.42.120. This section shall not apply to an increased parking space deficiency or a created parking space deficiency due to an ad- dition to a building or a structure or to an intensification of use. Section 5. Section 5.20.040 of the Zoning Ordinance of the Town of Los Gatos is hereby amended to read as follows: SEC. 5.20.040: CONSIDERATIONS IN REVIEW OF APPLICATIONS The deciding body shall consider all relevant matter including, but not limited to, the following: (1) Considerations relating to traffic safety and traffic congestion: The effect of the site development plan on traffic conditions on abutting streets; the layout of the site with re- spect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways; the adequacy of off - street parking facilities to prevent traffic congestion; the location, arrangement, and dimension of truck loading and unloading facilities; the circulation pattern within the boundaries of the development, and the surfacing, lighting and handicapped accessibility of off - street parking facilities. Any project or development that will add traffic to roadways and critical intersections in the Downtown shall be analyzed, and a determination made on the following matters: (1) the a- bility of critical roadways and major intersections to accommo- date existing traffic; (2) increased traffic estimated for ap- proved developments not yet occupied; and (3) regional traffic growth and traffic anticipated for the proposed project one year after occupancy. Section 6. Section 5.60.010 of the Zoning Ordinance of the Town of Los Gatos is hereby amended as follows: -2- 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 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 pump- kins, 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 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 required of the Council or Commission. (10) Jointly with the Superintendent of Parks and Forestry deter- mines applications for tree permits to the extent provided by section 3.20.060. (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 notifica- tions 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. -3- (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 require- ments 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 dewellings. (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 3.42.1.20. Section 7. Section 5.60.030 of the Zoning Ordinance of the Town of Los Gatos is hereby amended to read as follows: SEC. 5.60.030. TOWN ENGINEER The Town Engineer: (1) Prescribes standards for driveway construction. (2) Prescribes standards for surfacing and draining of parking lots. (3) Determines correct traffic flow markings for parking lots. (4) Jointly with the Building Official determines whether grading permits require Architecture and Site Approval. (5) Jointly with the Planning Director and the Building Official determines parking lot permits as provided by section 3.42.120. (6) Is a member of the Development Review Committee. -4- Section 8. Section 5.60.050 of the Zoning Ordinance of the Town of Los Gatos is hereby amended to read as follows: SEC. 5.60.050: BUILDING OFFICIAL /DEPARTMENT The Building Official /Department: (1) Determines estimated cost to replace nonconforming buildings. (2) Determines the value of destroyed nonconforming buildings. (3) Determines applications for exception from enclosure require- ments for swimming pools. (4) Enforces all regulations regarding enclosure of swimming pools. (5) Jointly with the Town Engineer determines whether a grading permit requires Architecture and Site Approval. (6) Jointly with the Planning Director and the Town Engineer deter- mines parking lot permits as provided by section 3.42.12.0. (7) Is a member of the Development Review Committee. Section 9 Section 5.60.100 of the Zoning Ordinance is hereby amended to read as follows: SEC. 5.60.100: DEVELOPMENT REVIEW COMMITTEE The Committee: (1) Regularly reviews and makes recommendations to the Planning Commission concerning the determination of all matters which come before the Commission except zoning ordinance amendments, zone changes (not including rezoning to PD), General Plan adoptions and amendments, specific plan adoptions and amend- ments, and capital improvement plans. (2) Reviews and makes recommendations to the Council concerning community - oriented bulletin boards and kiosks proposed to be erected on public property. (3) May on its own motion review and make recommendations concern- ing matters not assigned to it. (4) Reviews and makes recommendation on parking lot permits under section 3.42.120 including reconfiguration or trade -off of zon- ing requirements under other section of this Ordinance. -5- Section 10. Section 5.60.200 of the Zoning Ordinance of the Town of Los Gatos is hereby amended to read as follows: SEC. 5.60.200: PLANNING COMMISSION (1) May initiate general plan amendments and specific plans or amendments. (2) bears and recommends all proposals for adoption and amendment of the general plan. (3) Hears and recommends all proposals for adoption and amendment of specific 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 except variances, and determines when stricter stan- dards 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 designated, 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 free- standing walls. (20) Performs any functions required by statute or ordinance but not specifically assigned by this Ordinance. (21) Under the provisions of section 3.10.010 of this Ordinance and section 66424.2 of the Subdivision Map Act, determines whether lots have merged. (22) Determines whether a nonconforming use is no longer lawful. (23) Determines applications for parking lot permits pursuant to section 3.42.120. 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 . ___ rQaUl meeting of the Town Council of the Town of Los Gatos on Februar 19th 1985 and adopted by. the following vote as an ordinance 6T e'"Y ow o Cos Gatos at a __a meeting of the Town Council on March 4th , 1985. AYES: COUNCILMEMBERS Terrence J. i Ferrito and Brent N. Ve t NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS Joanne Benjamin ABSENT: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS S -7- COUNCILMEMBERS Eric D. Carlson