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Ord 1684 - AN URGENCY INTERIM ZONING ORDINANCE AMENDING SECTION 3.50.140 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING LOTSORDINANCE N0. 1684 AN URGENCY INTERIM ZONING ORDINANCE AMENDING SECTION 3.50.140 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING LOTS THE TOWN COUNCIL HEREBY ORDAINS: SECTION I. Pursuant to Government Code Section 65858(c), the Council hereby finds that there is a current and immediate threat to the public health, safety, and welfare, and that the construction of any dwelling on a nonconforming residential lot pursuant to Section 3.50 .140 of the Los Gatos Zoning Ordinance would result in a threat to public health, safety and welfare, as follows: a. The Town has just been made aware of the significance of the application of recent amendments of the Subdivision Map Act which remove any descretion for the Town in granting certificates of compliance. b. The Town contains numerous nonconforming residential lots which may be potential building sites due to therecent revisions in the Subdivision Map Act. The current Zoning Ordinance provisions regarding nonconforming residential lots will not protect existing neighborhoods from the undesirable effects of increased densities. C. The cumulative effect resulting from the construction of numerous residences on nonconforming lots, which would be potential building sites due to recent revisions of the Subdivision Map Act, could significantly impact traffic and the level of service at critical intersections as well as other impacts associated with increased densities that may occur on a neighborhood level. d. The Planning Commission will be undertaking a study to consider amendments to the Zoning Ordinance concerning construction on nonconforming residential lots. It is considered inappropriate to permit the construction of a dwelling of any type on a nonconforming lot when certain conditions exist. SECTION II Section 3.50.140 is amended to read: SEC. 3.50.140 NONCONFORMING LOTS The following provisions apply to nonconforming lots: (1) If the lot is in a residential zone, a single family dwelling may be erected if Architecture and Site Approval is obtained, and if: a. The lot is conforming as to minimum lot area, but nonconforming as to any other rule of the zone; or b. The lot is nonconforming as to minimum lot area, was lawfully created and existed as a separate parcel as of January 1, 1986 as evidenced by the County assessor's maps and was not held in common ownership with any contiguous parcel; or C. The lot is subject to a Certificate of Compliance issued after January 1, 1986 which recognized the lot as a separate parcel from any adjoining parcel, the lot consists of an area of 5000 square feet or more and is in the same configuration as originally created. (2) If the lot is in a residential zone, no dwelling of any type shall be built on the lot if all of the following exist: a. The lot is subject to a Certificate of Compliance issued after January 1, 1986 which recognized the lot as a separate parcel from an adjoining parcel; and b. The lot has an area less than the minimum lot area required by the zone; and _2_ C. The lot is not in the same configuration as when originally created; and d. The lot was in common ownership with a contiguous parcel at the time the Certificate of Compliance was granted. (3) If the lot is in other than a residential zone, it may be used for any purpose allowed in the zone. (4) 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 This ordinance shall take effect immediately and shall be of no further force and effect after dune 5, 1986. SECTION IV Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation and circulated in the Town: - 3 - This ordinance was introduced and adopted by the following vote as an urgency interim zoning ordinance of the Town of Los Gatos at a regular meeting of the Town Council on April 21st , 1986. AYES: COUNCILMEMBERS Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura, Mayor Terrence J. Daily NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Eric D. Carlson SIGNED: MAYOR OF THE TOWN OF LOS GATO ATTEST: Clerk of the Town of Los atos ZONIN:SC3.50.140 v4_