Ord 1789 - AMENDING THE ZONING ORDINANCE CONCERNING FLOOR AREA RATIOS FOR SINGLE AND TWO- FAMILY DWELLINGS, DEMOLITION OF HISTORIC STRUCTURES AND PARKING REQUIREMENTS FOR ADDITIONS TO SINGLE FAMILY DWORDINANCE 1789
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE CONCERNING
FLOOR AREA RATIOS FOR SINGLE AND TWO- FAMILY DWELLINGS,
DEMOLITION OF HISTORIC STRUCTURES AND PARKING
REQUIREMENTS FOR ADDITIONS TO SINGLE FAMILY DWELLINGS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
Section 2.00.156 of the Zoning Ordinance is enacted to read:
SEC. 2.00.156: DEMOLITION (HISTORIC STRUCTURES)
(1) Removal of more than 25 percent of a wall(s) facing a public
street(s) or 50 percent of all exterior walls; or
(2) Removal of more than 50 percent of the interior structural
elements unless the Building Official determines that the
removal is the only reasonable means available to comply with
the standards for seismic loads and forces of the Uniform Build-
ing Code; or
(3) Enclosure or alteration of more than 50 percent of the exterior
walls so that they no longer function as exterior walls; or
(4) A proposed alteration, which in combination with other
alterations of the building authorized within the preceding five
years will represent a change defined in subsections (1), (2) or
(3) above.
(5) The remaining exterior walls must be contiguous and must main-
tain either the interior or exterior wall covering.
(6) This Section shall not apply to a structure located in a histor-
ic district that is not a contributor; however; the structure
shall be subject to the provisions of Section 2.00.157.
SECTION II.
Section 2.00.157 of the Zoning Ordinance is enacted to read:
SEC. 2.00.157: DEMOLITION (NONHISTORIC STRUCTURES)
(1) Removal of more than 50 percent of all exterior walls and either
removal of more than 50 percent of the ceiling joists when the
roof is removed or removal of more than 50 percent of the roof
when the ceiling joists are removed.
(2) The remaining exterior walls must be contiguous and must main-
tain either the interior or exterior wall covering.
(3) A proposed alteration which, in combination with other
alterations of the building authorized within the preceeding
five years, will represent a change defined in subsection (1)
above.
SECTION III.
Section 2.00.251 of the Zoning Ordinance is enacted to read:
SEC. 2.00.251: HISTORIC STRUCTURE
(1) Any structure that is located within an historic district; or
(2) Any structure that is historically designated; or
(3) Any structure constructed prior to 1917.
SECTION IV.
Section 3.50.115 of the Zoning Ordinance is amended to read:
SEC. 3.50.115: RULES GOVERNING THE EXPANSION OF NONCONFORMING BUILDINGS
ply:
When expansion is allowed by Section 3.50.110, the following rules ap-
-2-
(1) When a building is too close to a property line or a street, any
expansion or reconstruction may not be nearer to a property line
than the existing building is to that property line.
Reconstruction may only be allowed if the Building Official
determines that the portion of the building proposed to be de-
molished has deteriorated to a point that reconstruction is nec-
essary. The projections listed in Section 4.10.100(2) except
chimneys and bay windows may project beyond the wall of the ex-
panded or reconstructed portion subject to the rules of Section
4.10.100(2).
(2) When a building is too high, the expansion must be within the
current height limitations.
(3) When a building covers too much land, no expansion is allowed
which would increase the coverage. However, second floor
additions are allowed as long as the area of the second floor
does not exceed the area allowed to be covered by the rules of
the zone.
(4) Approval can be denied if the expansion would in any way cause a
safety problem or be detrimental to the public welfare.
(5) The expansion must take place either on the zoning plot as it
existed on the date the building became nonconforming or on the
existing zoning plot, whichever is smaller.
(6) The expansion must not impede the orderly development or
redevelopment of neighboring property in a manner which will
conform to both the General Plan and the current zoning.
(7) The expansion must not in any way increase the burden which the
nonconforming building imposes on the neighborhood.
(8) Approval of the expansion may not be inconsistent with the gen-
eral policy of phasing out nonconforming uses.
-3-
SECTION V.
Section 3.65.025 of the Zoning Ordinance is enacted to read:
SEC. 3.65.025: DEMOLITION OF HISTORIC STRUCTURES
A Demolition Permit for a historic structure may only be approved if;
(1) The structure poses an imminent safety hazard; or
(2) The structure is determined not to have any special historical,
architectural or aesthetic interest or value.
Any request to demolish a historic structure shall be reviewed by the
Historic Preservation Committee.
All applications to demolish a historic structure shall be accompanied
by a detailed report describing all aspects of the structure's physi-
cal condition prepared by an architect or registered civil engineer
under contract with the Town at the applicant's expense. In order to
determine whether the structure has any special historical, architec-
tural or aesthetic interest or value the structural report shall be
accompanied by a supplemental report describing the structures histor-
ical and architectural characteristics prepared by a qualified
consultant knowledgeable in historic preservation under contract with
the Town at the applicant's expense.
SECTION VI.
Section 3.41.080 of the Zoning Ordinance is enacted to read:
SEC. 3.41.080: PARKING REQUIREMENTS FOR MAJOR ADDITIONS TO SINGLE FAMILY
DWELLINGS:
Notwithstanding the provisions of Chapter 3.50, any addition to a
single family dwelling as described below shall comply with the parking
requirements setforth in Section 3.41.030(1):
-4-
(1) An addition exceeding 50 percent of the existing floor area;
(2) An increase in the number of bedrooms;
(3) A second story addition to a one -story building.
Compliance with Section 3.41.030(1) is not required if the deciding
body makes the following findings:
(1) The addition is determined necessary to provide adequate floor
area for a suitable living environment, and
(2) The lot does not have adequate area to provide parking as re-
quired by Section 3.41.030(1).
If the deciding body makes the findings set forth in subsection (1)
and (2) above, parking shall be provided to the maximum extent possi-
ble.
SECTION VII.
Section 4.10.110 of the Zoning Ordinance is enacted to read:
SEC. 4.10.110: FLOOR AREA RATIO
The objective of the Floor Area Ratio (FAR) is to assist in
determining whether the mass and scale of the project is compatible with the
surrounding neighborhood. The FAR is a nominal limit not a goal and shall be
used in conjunction with the Residential Development Standards adopted by
Resolution.
The FAR applies to those lots developed or proposed to be developed
with a single or two - family dwelling in all residential zones (except the RC
and HR zones). The following standards shall be used to regulate new construc-
tion:
(1) The allowable FAR for all structures, excluding garages, shall
be determined by the formula:
FAR = .35 - (A =5 x .201
25 J
where:
FAR is the Floor Area Ratio.
A is the net lot area in 1,000's of square feet (for example,
7,500 square feet is written as 7.5).
202
(2) The allowable FAR for a garage shall be determined by the formu-
la:
FAR = .10 - A -5 x .07
25
where.
FAR is the Floor Area Ratio.
A is the net lot area in 1,000's of square feet (for example,
7,500 square feet is written as 7.5).
(3) Any lot containing less than 5,000 square feet or more than
30,000 square feet shall be exempt from the Floor Area Ratio
limitations.
The deciding body may allow a FAR in excess of the FAR derived by the
formulas in subsection (1) and (2) above if it makes the following findings:
(1) The design theme, sense of scale, exterior materials and details
of the proposed project are consistent with the provisions of:
(a) any applicable Landmark and Historic Preservation Overlay
Zone; and,
(b) any applicable specific plan; and,
(c) the adopted Residential Development Standards; and,
(2) The lot coverage, setbacks and FAR of the proposed project is
compatible with the development on surrounding lots.
SECTION VIII.
Section 4.40.090 of the Zoning Ordinance is enacted to read:
SEC. 4.40.090: FLOOR AREA RATIO
The objective of the Floor Area Ratio (FAR) is to assist in
determining whether the mass and scale of the project is compatible with the
surrounding neighborhood. The FAR is a nominal limit not a goal and shall be
used in conjunction with the Residential Development Standards adopted by
Resolution.
M
The FAR applies to those lots developed or proposed to be developed
with a single or two - family dwelling in all non - residential zones. The follow-
ing standards shall be used to regulate new construction:
(1) The allowable FAR for all structures, excluding garages, shall
be determined by the formula:
FAR = . - A -5 x .20�
25
where:
FAR is the Floor Area Ratio.
A is the net lot area in 1,000's of square feet (for example,
7,500 square feet is written as 7.5).
(2) The allowable FAR for a garage shall be determined by the formu-
la:
FAR = .10 - ( A-5 x .07 5
where:
FAR is the Floor Area Ratio.
A is the net lot area in 1,000's of square feet (for example,
7,500 square feet is written as 7.5).
(3) Any lot containing less than 5,000 square feet or more than
30,000 square feet shall be exempt from the Floor Area Ratio
limitations.
The deciding body may allow a FAR in excess of the FAR derived by the
formulas in subsection (1) and (2) above if it makes the following findings:
(1) The design theme, sense of scale, exterior materials and details
of the proposed project are consistent with the provisions of:
(a) any applicable Landmark and Historic Preservation Overlay
Zone; and,
(b) any applicable specific plan; and,
(c) the adopted Residential Development Standards; and,
(2) The lot coverage, setbacks and FAR of the proposed project is
compatible with the development on surrounding lots.
-7-
SECTION IX.
Section 5.60.010 of the Zoning Ordinance is amended to read:
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, ex-
cept 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
pumpkins, use and occupancy certificates, horse permits and ama-
teur 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 re-
quired of the Council or Commission.
(10) Determines applications for tree permits upon recommendation by
the Director of Parks, Forestry and Maintenance Services to the
extent provided by Section 3.20.065.
(11) Determines applications for Section 3.65.020 demolition permits.
SEC. 5.60.010: PLANNING DIRECTOR (Continued)
(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 notifications 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.
(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance com-
pliance.
(19) Determines parking requirements for uses whose parking
requirements 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 dwellings.
(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 3.42.120.
(28) Determines initial applications, any applications for time
extensions and applications for remodeling or reconstruction for
secondary dwelling unit permits.
SEC. 5.60.010:
PLANNING DIRECTOR (Continued)
(29) Determines application for plumbing fixtures in accessory
buildings.
(30) Those duties as described in Chapter 4.38 of the Zoning Ordi-
nance.
(31) Determines applications for compliance with Section 4.10.110 and
4.40.090
SECTION X.
Section 5.60.050 of the Zoning Ordinance is amended to read:
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
requirements for swimming pools.
(4) Enforces all regulations regarding enclosure of swimming pools.
(5) Jointly with the Town Engineer determines whether a grading per-
mit requires Architecture and Site Approval.
(6) Jointly with the Planning Director and the Town Engineer
determines parking lot permits as proved by Section 3.42.120.
(7) Is a member of the Development Review Committee.
(8) Determines when a structure poses an imminent safety hazard.
-10-
SECTION XI.
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 Coun-
cil of the Town of Los Gatos on April 24 1989 and adopted by the following
vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town
Council on May 15 , 1989.
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Brent N. Ventura
and Eric D. Carlson
NOES: COUNCIL MEMBERS Robert L. Hamilton
and Mayor Joanne Benjamin
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
MAYOR OF T ' E TOWN F LOS GATOS
ATTEST:
o
CLEITK OF THE TOWN OF LOS GATOS
PLN01:A -88 -11
-11-