Ord 1798 - Amedning the Zoning Ordinace provisions to the requirements for accessory buildingsORDINANCE 1798
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE PROVISIONS
TO THE REQUIREMENTS FOR ACCESSORY BUILDINGS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
The Zoning Ordinance of the Town of Los Gatos is hereby amended to
modify various provisions to the requirements for accessory buildings, includ-
ing area of lot coverage, height, maximum floor area and number of stories.
SECTION II
Section 3.50.110 of the Zoning Ordinance is to be amended as follows:
SECTION 3.50.110
EXPANSION OF NONCONFORMING BUILDING
This Section 3.50.110 regulates the expansion of nonconforming
buildings:
(1) Except as provided in subpart (6), the expansion of
nonconforming commercial or industrial buildings located in res-
idential zones (Section 4.05.010) is prohibited.
(2) The expansion of nonconforming multiple family dwellings in the
RC, HR, R -1, R -D, or R -1D zone is prohibited. (Amended by Ord.
1493, 3- 17 -81)
(3) Except as provided in subpart (6), the expansion of
nonconforming industrial buildings in an office or commercial
zone (Section 4.50.010) is prohibited.
(4) Nonconforming one or two - family dwellings and accessory
structures on lots with one and two - family dwellings in any
zone may be expanded with the approval of the Planning Direc-
tor.
(5) Architecture and Site Approval is required for the expansion
of any nonconforming building except as provided in (4)
above.
(6) When a law, ordinance or regulation concerning public safety
or the safety of a workplace requires an alteration to a
nonconforming building in order to allow the continuation of
an otherwise lawful activity in the building, a Conditional
Use Permit may be issued for the alteration. Besides the
usual Conditional Use Permit findings, however, the facts
must also support findings that the alteration will neither
impose any added burden whatever on, nor detract from the
character of the neighborhood, nor increase in any way the
difficulty of terminating the nonconforming building or use
on schedule. Recordable agreements may be required.
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SECTION III
Section 4.10.010 of the Los Gatos Zoning Ordinance should be amended
as follows:
Section 4.10.010 - Accessory Buildings
In residential zones (defined by Section 4.05.010), accessory
buildings (excluding horse barns and shelters), located on the same
site with a permitted use, including private garages and carports,
studios for private use, garden structures, greenhouses, hobby shops,
recreation rooms and free - standing patio covers are allowed if such
accessory buildings:
(1) Are not over 15 feet high and are no more than one story. Lofts
which do not have sufficient headroom for occupancy are
permitted for storage use only.
(2) Are not in a required front or side yard;
(3) Are at least five feet from any other structure located on the
same lot;
(4) Are at least five feet from any property line, except in the RM
Zone where no setback is required by this subsection (4);
(5) Do not occupy more than 15 percent of the lot, to be calculated
exclusive of the required building setbacks. Any accessory
structure in excess of 450 sq. ft. requires the approval of the
Planning Director;
(6) When located on a reversed corner lot, do not project beyond the
front yard line required on the lot in the rear of such lot.
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(7) Breezeways may be used to provide shelter between buildings.
Accessory structures may have plumbing installed providing the
fixtures may be served by a 2 -inch diameter building drain. Building
drains in excess of 2 inches may be approved by the Planning Director
upon good cause shown.
SECTION IV
SECTION 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.
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(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.
(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.
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(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.
(29) Determines application for plumbing fixtures in accessory
buildings.
(30) Those duties as described in Chapter 4.38 of the Zoning Ordi-
nance.
S:i:
(31) Determines applications for accessory structures in R -1 zones in
excess of 450 sq. ft. or on properties with one or two - family
dwellings.
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 circulat-
ed in the Town.
This ordinance was introduced at a regular meeting of the
Town Council of the Town of Los Gatos on August 21 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 September 5 , 1989•
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura and Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS Eric D. Carlson
SIGNED: awt�
MAYOR OF THE TOWN 0 LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS 1
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