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Ordinance 1177 - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS PROVIDING STANDARDS FOR CONDOMINIUMS.ORDINANCE NO. 1177 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS PROVIDING STANDARDS FOR CONDOMINIUMS. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3.67 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.67: OPEN SPACE. An area of land open and. unobstructed from the ground. to the sky. Private open space such as may be required for residential condominiums or similar development, may have balconies and roof eaves extending over a portion of the required private open space. SECTION 2. Section 6 -1.5 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 6 -1.5: USES PERMITTED BY CONDITIONAL USE PERMIT The following uses are permitted provided. that a valid Conditional Use Permit for such use is in full force and. effect: a. Multiple family dwellings. b. Private swim clubs, private recreation clubs, or similar private recreation facilities. -1- c. Public parks, playgrounds, community centers, fire and. police stations, and other public buildings, structures and. facilities. d. Public utility stations, transmission lines, storage tanks, drainage ways and the like when found by the Commission to be necessary for the public health, safety and, general welfare. e. Public or private library or museum. f. Schools, public and. parochial (elementary or high) , college. g. Private schools, not including schools or colleges. h. Churches, monasteries, convents and, other religious institutions. i. Private fraternal organizations. j. Poster Homes, Group. k. Family day care home which involves the presence of a number of children which, when added. to the number of children residing in the dwelling unit, exceeds the number of 6 under 16 years of age. 1. Boarding houses designed. and intended. exclusively for use by senior citizens on property zoned. R- Mo5 -20. M. Nursery schools provided that each shall be on a site not less than 20,000 square feet in area and. in a building not less than 2,000 square feet in floor area. -2- n. Residential Condominiums, providing tentative subdivision map of a residential condominium shall not be approved, until the residential condominium has been authorized by a conditional use permit and received. architecture and site approval. SECTION 3. Section 6 -1.15 of the Zoning Ordinance of the Town of Los Gatos is amended. to read: SEC. 6 -1.15: RECREATIONAL OPEN SPACE a. For multiple family dwellings other than residential condominiums there shall be a total open space area, u.sable for outdoor activities, calculated. on the basis of 200 square feet per each dwelling unit. This area shall be in addition to required. yards, is a minimum requirement, shall be composed of private areas, community areas, or both, as determined. by the Architecture and Site Committee, and. may be in the form of balconies or decks subject to the review of the Architecture and. Site Committee. Any areas intended to serve as private open space shall be screened. for privacy of the occupant as required, by the Architecture and. Site Committee. b. For residential condominiums suitable open space is required to allow for exposure to the sun, ventilation, privacy, shade and. other amenities -3- appropriate for Los Gatos climate. The standards listed below a.re minimums and do not preclude higher standards from being imposed. during the review of applications for residential condominiums, when the design, location, or proposed occupancy of the condominium is such that the welfare of the occupants requires higher standards. 1. Private Open Sj2ace : Each ground. floor dwelling unit shall have a minimum of 200 square feet of outdoor usable open space in the form of an enclosed. patio. Each dwelling unit above the ground, floor shall have 120 square feet of outdoor usable open space in the form of a balcony. For purposes of this section, a double floor unit with the lower floor on the ground. level will be treated. as a ground floor dwelling. The minimum horizontal dimension for a patio is 10 feet and. for a balcony is 6 feet. Private open space shall be suitably screened. for privacy of the tenant. Screening is subject to review by the Architecture and Site Committee. 2. Community Recreation Space: In addition to the private open space above, there shall be a total community recreation area calculated on the basis of not less gLgg than 100 square feet per dwelling unit. This area shall be in addition to the required yards. The Architecture and Site Committee shall review the required community recreation space to d.e to rmine whether the location and quantity of space and, facilities provided. are suitable for the anticipated residents of the project. 3. Location of Olen Space Private open space and community recreation space may be located in required yards provided. (a) the location is approved by the Architecture and Site Committee, and (b) an equivalent land area is provided as community recreation space elsewhere on the property. SECTION 4® Subsection a. of Section 7.4 of the Zoning Ordinance of the Town of Los Gatos is amended. to read.: a. Single family, two (2) family and multiple family dwellings or groups or combinations thereof. SECTION 5. Subsection e. is added to Section 7.5 of the Zoning Ordinance of the Town of Los Gatos to read: e. Residential condominiums, provided such condominiums are subject to the development standards for the RM Zone or the RMH Zone whichever are more restrictive, and a -5- tentative subdivision map of a residential condominium shall not be approved, until the residential condominium has been authorized by a Conditional Use Permit and. received. Architecture and Site approval. SECTION 6. Section 24.5 of the Zoning Ordinance of the Town of Los Gatos is amended, to read: SEC. 24.5: USES PERMITTED BY CONDITIONAL USE PERMIT The following uses are permitted. provided that a valid. Conditional Use Permit for such use is in full force and. effect: a. Multiple family dwellings. b. Public utility stations, transmission lines, storage tanks, drainage ways and the like when found, by the Site and Architecture Committee to be necessary for the public health, safety and general welfare. C. Neighborhood parks and playgrounds, fire and. police stations, and other buildings, structures and facilities owned by public agencies. d. Family day care home which involves the presence of a number of children which, when added to the number of children residing in the dwelling unit, exceeds the number of 6 under 16 years of age. e. Nursery schools, provided that each shall be on a site not less than 20,000 square feet in area and in a building not less than 2,000 square feet in floor area. f. Residential condominiums, provided. that such condominiums are subject to the development standards for the RM Zone or the R -IM Zone, whichever are more restrictive, and. a tentative subdivision map of a residential condominium shall not be approved. until the residential condominium has been authorized, by a conditional use permit and. received. Architecture and Site approval. SECTION 7. Subsection b. of Section 11.5 of the Zoning Ordinance of the Town of Los Gatos is amended to read b. One (1) family and two (2) family multiple family dwellings and groups, combinations thereof, and residential condominiums, including accessory structures and swimming pools for private use of residents. All residential uses are subject to the development standards for the RM Zone. A tentative subdivision map of a residential condominium shall not be approved. until the residential condominium has been authorized by a conditional use permit and received Architectural and Site approval. SECTION 8. Subsection e. of Section 12.5 of the Zoning Ordinance of the Town of Los Gatos is amended to read: c. Multiple family dwellings, and residential condominiums subject to the development standards for the RM Zone. A -7- tentative subdivision map of a residential condominium shall not be approved until the residential condominium has been authorized by a conditional use permit and received Architecture and Site approval. SECTION 9. Subsection 1. of Section 14.5 of the Zoning Ordinance of the Town of Los Gatos is amended to read 1. Residential use of a commercial building when such use is confined to an area above the ground. floor. Division of any part of a commercial building into a residential condominium is subject to the development standards for condominiums in the RM Zone. A tentative subdivision map of a residential condominium shall not be approved until the residential condominium has been authorized by a conditional use permit and received Architecture and. Site approval. SECTION 10. Section 21.19 of the Zoning Ordinance of the Town of Los Gatos is amended. to read: SEC. 21..19: SAME -- SINGLE FAMILY RESIDENTIAL CONDOMINIUMS AND TWO-FAMILY DWELLINGS Single family, residential condominiums, and two-family dwellings: two (2) parking spaces for each living unit. THIS ORDINANCE SHALL TAKE EFFECT and. shall be in force thirty (30) days after the date of its adoption. The Town Clerk of the Town of Los Gatos shall cause this Ordinance to be published once within fifteen (15) days after its adoption, in the Los Gatos Times - Saratoga Observer, a newspaper of general circulation, published. and circulated. in the Town of Los Gatos. The above and foregoing ordinance was duly and. regularly introduced, at a re ul,ar meeting of the Town Council of the Town of Los Gatos held on the 16th day of Se tember 1974. PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California, at a regular meeting of the Town Council, held on the 7th day of Octo ber , 1974, by the following vote AYES: COUNCILMEN Ruth Cannon Mark B. DiDuca Albert B. Smith John B. Lochner NOES: COUNCILMEN None ABSENT: COUNCILMEN Egon Jensen SIGNED ATTEST ASSISTANT CLERK OF TIM TOWN OF L GATOS MAYOR OF THE TO N OF LOS GATOS ff . U :�L'I