Loading...
Ord 1618 - Establishing Zoning Approval for the Storage of Hazardous Materials until April 15, 1985ORDINANCE NO. 1618 URGENCY ORDINANCE EXTENDING URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A ZONING APPROVAL FOR THE STORAGE OF HAZARDOUS MATERIALS UNTIL APRIL 15, 1985. The Town Council of Los Gatos hereby ORDAINS: SECTION 1. Pursuant to Government Code Section 65858(a), the Council adopted Urgency Interim Zoning Ordinance No. 1616 on April 16, 1984 establishing a zoning approval for the storage of hazardous materials. Said urgency ordinance made the findings required by Government Code Section 65858(c) and its expiration date is forty -five days from date of adoption, which is May 31, 1984. Pursuant to Government Code Section 65858(x) the Council hereby finds that it is necessary to extend Urgency Ordinance No. 1616 for ten months and 15 days from the date of expiration, which is April 15, 1985. SECTION 2. 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 lack of expeditious zoning approvals for storage facilities for hazardous materials would result in a threat to public health, safety, and welfare, as follows: a. In implementing and enforcing Chapter 35 of the Town Code relating to the storage of hazardous materials (Town Ordinances No. 1601 and 1602), the Central Fire District is requiring, in some instances, the storage of hazardous materials outside an existing building in a new structure, in an addition to an existing structure, or in an enclosed area. This requirement conflicts with the Zoning Ordinance requirements limiting outdoor storage and the construction of storage facilities. The storage of hazardous materials outside the building is permitted only in CH, LM, and CM zones and then only with a Conditional Use Permit. The construction of a new addition or accessory structure for the storage of materials in non - residential zones requires Architecture and Site Approval. b. The processing of Conditional Use Permits and Architecture and Site Approvals by the Town is currently a process which may take several months. The need for proper containment of identified hazardous materials in the community, both to employees working with hazardous materials and for citizens of the Town in proximity to the storage of hazardous materials, is of great urgency involving a current and immediate threat to the public health, safety, and welfare of persons working or residing in the Town of Los Gatos. c. The Town is currently studying the process of issuing a zoning approval for the storage of hazardous materials in a more expeditious manner to ensure the immediate protection of the citizens of Los Gatos. The process for adoption of a regular permanent Zoning Ordinance Amendment would take approximately four (4) months. Some of the businesses subject to the Hazardous Materials Storage Ordinances are already in violation of the permitted time limits for compliance. d. It is therefore necessary to extend the urgency interim zoning ordinance establishing a zoning approval for the storage of hazardous materials in a streamlined manner while ensuring appropriate safety protections, observing current zoning regulations, and maintaining aesthetic standards pending completion of the study. SECTION 3. The Development Review Committee is empowered to issue a zoning approval for the storage of hazardous materials subject to the following: 1. The storage facility shall be required in order to comply with a fire department Hazardous Materials Storage Permit. 2. The maximum area for the facility shall not exceed 500 square feet. 3. If the facility is a structure, the building materials and color shall be in harmony with the existing buildings on the site. 4. If the facility is not a structure it shall be screened so as not to be visible from off the site. Screening may be fencing, landscaping or a combination, subject to the discretion of the Development Review Committee (DRC). 5. Outdoor storage shall only be allowed in the CH, LM or CM zones. G. The facility shall not be located in a required front yard, nor in a side or rear yard if that yard is adjacent to a street, a residential use or zone, a park or a creek. %. The facility shall not occupy any required parking spaces. 8. The facility shall be removed when it is no longer needed, or if the Hazardous Material Storage Permit is suspended, revoked or has expired. _2_ 9. The fire department shall periodically keep the Planning Department informed as to the status of each facility. 10. An appeal from a decision of the DRC will be subject to the same rules as appeals from a decision of the Planning Director. 11. The Zoning Approval for the storage of hazardous materials shall be revoked if the storage area is used for anything other than the storage of hazardous materials under a valid Hazardous Materials Storage Permit. SECTION 4. This ordinance shall take effect on May 31, 1964 and shall be of no further force and effect 10 months and 15 days after May 31, 1964, which is April 15, 1965. SECTION 5. 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 adopted by the following vote as an urgency ordinance of the Town of Los Gatos at a regular meeting of the Town Council on Ma 21st , 1964. AYES: COUNCIL MEMBERS Joanne D. Carlson, Terrence__ J. Dail Brent N. Ventura and Ma or Thomas J. Ferrito NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS ATTEST: -3a 1)