Ord 1616 - Urgency Interim Zoning Ordinance Establishing a Zoning Approval for the Storage of Hazardous MaterialsORDINANCE NO. 1616
URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A ZONING APPROVAL
FOR THE STORAGE OF HAZARDOUS MATERIALS
The Town Council of Los Gatos hereby ORDAINS:
SECTION 1.
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
p ublic 't et y,- a nd— welfar —as fol lows:
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 adopt an 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 2.
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.
6. 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.
7. 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.
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 3.
This ordinance shall take effect immediately and shall be of no
further force and effect 45 days after adoption.
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SECTION 4.
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 April 16th , 1984.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Terrence
J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito
NOES COU NCTI MEMBE None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OF T W OS GATOS
ATTEST:
DEPUTY CLERK OF THE TOWN OF L A O
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