Ord 1680 - AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 4.40 and 5.20 OF THE TOWN ZONING ORDINANCE RELATING TO RESIDENTIAL CONVERSIONSORDINANCE NO. 1680
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTERS 4.40 and 5.20 OF THE
TOWN ZONING ORDINANCE RELATING TO
RESIDENTIAL CONVERSIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SEC. 4.40.010 is amended to read:
SECTION I.
SEC. 4.40.010: USE OF DWELLINGS
In office, commercial and industrial zones (sections 4.50.010 and 4.70.010) no
building, or portion of any building, designed, intended to be used for, or which
has been used for, dwelling purposes shall be used for any nonresidential use unless
Architecture and Site Approval is obtained.
SECTION II.
SEC. 5.20.030 is amended to read:
SEC. 5.20.030: APPROVAL REQUIRED
Architecture and Site Approval is required in all zones for new construction of
a building, exterior alteration or addition to a building, construction of a parking
lot, intensification of land use, residential conversions, and as otherwise
specified in this Ordinance, with the following exceptions:
(1) Single family dwellings in the R -1, R -1M, R -D, and R -M, and R -ID zones. Am
ended by Ord. 1547, 8- 16 -82)
(2) Two family dwellings in the R -1M, R -D and R -M zones.
SECTION III.
SEC. 5.20.050 is amended to read:
SEC. 5.20.050 SPECIAL CONSIDERATIONS IN REVIEW OF RESIDENTIAL CONVERSIONS
The deciding body shall review the application for residential conversion and
make the following determinations:
(1) It is evident that amenities such as adequate light, air, privacy, open
space, peace and quiet necessary for a suitable living environment are not
provided, and
(2) The proposed conversion would satisfy all Housing Goals and policies as set
forth in the General Plan, and
(3) Increased traffic can be accommodated by streets serving the development
either in their existing configuration or in a configuration which is part of
the development plan for this application; and that the development will not
overburden existing streets or impact residential neighborhoods.
Any project not receiving Town determination as setforth in subsections (1),
(2) and (3) above shall not be approved.
In addition to making the determinations as setforth in subsections (1) (2)
and (3) above, the deciding body shall also make one of the following
determinations:
a. The structure(s) is not currently nor has the structure(s) been used for
residential purposes for the past five (5) years.
b. The structure(s) has serious defects which could result in health or safety
hazards to residents, and there is no evidence of neglect on the part of the
property owner or their predecessors.
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C. There is no other vacant space suitable for the proposed use located within
the Town.
Any project not receiving Town determination as setforth in one of the subsections
(a) through (c) above shall not be approved.
In reviewing applications for the conversion of residential structures to
nonresidential uses, the deciding body shall consider, in addition to the factors
listed in Section 5.20.040 and 5.20.045 the following:
(1) Whether the building will be either rehabilitated in a manner consistent
with its original character, or modified to be architecturally compatible
and consistent with other legal structures in the immediate vicinity; and
(2) Whether there will be appropriate use of existing plants and sufficient
addition of new landscaping.
SECTION IV.
Sec. 5.20.050 is amended as Sec. 5.20.060
SECTION 5.20.060: CONDITIONS OF APPROVAL
To protect the general health and welfare of all citizens, - the deciding body may
enforce reasonable requirements more stringent than the minimum zone requirements,
when necessary or appropriate to insure a development compatible to and harmonious
with, the particular neighborhood and the established uses therein.
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In granting Architecture and Site Approval, time extension or modifications
thereof, the deciding body may include such conditions as are reasonable and
necessary under the circumstances to carry out the intent of this Ordinance. Such
conditions, without limiting the discretion and authority of the deciding body in
this regard, may include site planning conditions, architectural conditions,
landscape conditions, street dedication, street and drainage improvements,
off - street parking conditions and outdoor advertising conditions.
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.
This ordinance was introduced at a regular meeting
of the Town Council of the Town of Los Gatos on March 3rd 1986 and adopted
by the following vote as an ordinance of the Town of Los Gatos at a regular meeting
of the Town Council on March 17th , 1986.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson. Thomas J.
Ferrito, Brent N. Ventura, and Mayor Terrence J. Dail_
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OF THE TOWN OF LOS GPFTOS
ATT T:
CLE K F HE TU14N OF LOS GAT 0
ZONIN:A -85 -13
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