Ord 1686 - AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1684 AMENDING SECTION 3.50.140AN URGENCY INTERIM ZONING ORDINANCE EXTENDING
ORDINANCE NO. 1684 AMENDING SECTION 3.50.140
OF THE LOS GATOS ZONING ORDINANCE FOR
NONCONFORMING LOTS
TI-Kii TOWN (:,0UNC'T1 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 healthy 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 Conm!ission 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 the on a nonconforming lot when certain
conditions exist.
e. Government Code Section 65800 provides that cities may exercise the maximum
degree of control over local zoning matters and the Town considers the use
of nonconforming residential lots a local issue which must take into
account traffic, density and other neighborhood concerns.
SECTION IT
Section 3.50.140 is amended to read,",
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 obtainedp and if."
a. The lot is conforming as to minimum lot area, but nonconforming as to
any other rule of the zoneP or
b. The lot is nonconforming as to minimum lot areav was lawfully created
and existed as a separate parcel as of January 1v 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 SOOO square feet or
more and is in the sane configuration as shown on the originally
recorded deed.
M If the lot is in a residential zone, no dwelling of any type shall be built
an the lot if all of the following exist::
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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
zoneP and
C . The lot is not in the same configuration as shown on the originally
recorded deed; and
d" The lot was in co 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 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 April El 1988.
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.
This ordinance was introduced and adopted by the following vote as an urgency
interim zoning ordinance of the Town of Los Gatos at a re8ular meetin0 of the Town
Joanne Benjamin, Eric - D.. Carlson, Brent
NOEG� C[K]NCILME�BER None __
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ZONIM: SC3. SO. 14O
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