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Ord 1375 - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE NO. 1375 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Section 2.00.130 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.130 COMMITTEE The words Committee and Development Review Committee are interchangeable, and mean the Development Review Committee. SECTION 2. Section 3.05.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.05.030 RECREATIONAL OPEN SPACE FOR RESIDENTIAL CONDOMINIUMS The following standards apply to all residential condominiums in all zones. Higher standards may be imposed during the zoning approval process when the welfare of the occupants requires. (1) Private Open Space: Each ground floor dwelling unit shall have a minimum of 200 square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area. 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 multiple floor unit with the lower floor on the ground level is treated as a ground floor unit. The minimum horizontal dimension for a patio is ten feet and for a balcony is six feet. Private open space shall be suitably screened for privacy of the occupant. Location and screening is subject to review by the deciding body. (2) Community Recreation Space: In addition to the private open space required by part (1), there shall be a total community recreation area of at least 100 square feet for each dwelling unit. This area is in addition to that required for yards. The deciding body shall determine whether the location and amount of community recreation space and facilities provided are appropriate for the anticipated residents of the project. (3) Location of Open Space: Private open space and community recreation space may be located in required yards provided the location is approved by the deciding body, and provided an equivalent land area is designated as community recreation space elsewhere on the property. SECTION 3. Section 3.20.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.20.020: SCOPE -- TREES PROTECTED The trees protected by this Chapter 3.20 are: -2- (1) All trees which have a 50 inch or greater circumference of any trunk, or in the case of multi -trunk trees a total of 100 inches or more of the circumference of all trunks. (2) All trees which have a 20 inch or greater circumference of any trunk, when removal relates either to any transaction for which zoning approval is required or when the tree existed at the time of or was required to be planted by the terms of zoning approval for any nonresidential development. (3) All trees which have a 20 inch or greater circumference of any trunk and are located on a vacant lot or undeveloped property. (4) Measurements of circumference are made with a taut tape, three feet above the ground. SECTION 4. Section 3.20.060 of the Zoning Ordinance of the Town of Los Gatos is amended to reads SEC 3.20.060 DETERMINATIO Applications for permits to remove trees protected by section 3.20.020 are determined by: subsection (1) -- the Planning Director and Superintendent of Parks and Forestry jointly, subsections (2) and (3) -- the Commission, and in the case of subsection (2) concurrently with the related matter. SECTION 5. Section 3.34.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -3- SEC. 3.34.020 SUBDIVISION SIGNS Non - illuminated, on -site signs advertising a residential subdivision are permitted, limited to one double -faced sign not exceeding an area of 25 square feet per face, placed at a right angle to the street, or two single -faced signs not exceeding an area of 25 square feet each placed parallel to a street. The signs shall not be more than 15 feet high and shall be erected at least 15 feet from a street right -of -way line. Additional signs containing information about the model name or number, floor plan, area or price are permitted in residential subdivisions provided there is not more than one such sign for each model (not one sign for each example of a model) . Signs concerning models shall have an area not exceeding three square feet, nor a height of more than four feet, and shall be located in the immediate vicinity of an example of the model to which they refer. Off - premises subdivision signs advertising subdivisions which are not located on a major arterial street as defined by the Town General Plan are permitted, limited to one sign per subdivision. The signs shall not exceed 18 square feet in area, shall not be more than 15 feet high and shall be erected at least 15 feet from a street right -of -way line and shall be in a commercial or industrial zone. Signs authorized by this section shall not be erected until the subdivision map is recorded and building permits are issued for the construction of the project. Signs authorized under this section shall be removed when occupancy permits have been granted for 90 per cent of the dwelling units in the development. Off - premises subdivision signs are an exception to the rules prohibiting billboards and off - premises signs. SECTION 6. Section 3.35.050 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.35.050 ROOF SIGNS Roof signs must: (1) Be erected only on a roof whose pitch is at least one vertical to four horizontal, (2) Have a face no more than two feet measured vertically, (3) Be located so the face is parallel to the eave in front of the sign, (4) Be set no more than eight inches above the roof, (5) Be designed and erected so that no part of its face is higher than either the peak or an elevation five feet above the eave in front of the sign, (6) Have Architecture and Site Approval. Architecture and Site Approval may only be issued on the basis of findings that a wall sign is not feasible because the wall of the building is set back beneath and obscured by the porch or roof overhang which is an extension of and integral with the sloping roof of the building, and that the sign cannot be suspended between posts or columns supporting the roof without obstructing safe passage for pedestrians. -5- SECTION 7. Section 3.37.025 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.37.025 COMMUNITY BULLETIN BOARDS AND KIOSKS Community- oriented bulletin boards and kiosks, including service club directories, may be located on public property after review and approval as provided by sections 5.60.100 and 5.60.300. SECTION 8. Section 3.38.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.38.020 RESIDENTIAL ZONES In residential zones (defined by section 4.05.010) the following signs may be erected: Land Use 1. Multiple Family Developments: a. Less than 10 units b. 10 units or more Total Area 18 sq. ft. 24 sq. ft. 2. Authorized Nonresidential Uses Number Class of of Sign Signs activities, schools, churches, Wall One signs per nonconforming uses, etc.): lot f ro n t- Ground age Wall One signs per lot f ron t- subject are Total Area 18 sq. ft. 24 sq. ft. 2. Authorized Nonresidential Uses Ground One 24 sq. ft. (including recreational signs per activities, schools, churches, zoning public utilities, lawful plot nonconforming uses, etc.): 3. Neighborhood Identification Ground Number 24 sq. ft. Signs (only for neighborhoods signs and with an area 3 acres or more): location subject to deter- -6- mination by the deciding body SECTION 9. Section 3.41.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.41.060 ALTERNATING USES Where uses are required by Chapters 3.40 through 3.43 to be served by off - street parking spaces, and where some of the uses generate parking demands primarily during hours when the remaining uses are closed, alternating use of the spaces is allowed, but only if specifically authorized by conditional use permit. Issuance of the permit must be supported by findings that the alternating use of such spaces will not result in the effective provisions of fewer off - street parking spaces than required by Chapters 3.40 through 3.43, the permit may contain such conditions as are necessary to assure the facts found will continue to exist, including: (1) Submission of satisfactory statements by the party or parties providing the proposed alternating parking, describing the uses and their times of operation, and showing the absence of conflict between them; (2) Written agreements between the parties setting forth the terms and conditions under which the off- street parking spaces will be operated; (3) Documents showing maintenance provisions; and (4) Other documents or commitments deemed necessary. Whenever off - street parking spaces are authorized to serve alternating uses, the number of spaces required shall be based upon the use which generates the largest number required. -7- SECTION 10. Section 3.42.030 of the zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.42.030 DRIVEWAYS Off - street parking lots and parking garages must be connected to streets or alleys by driveways which comply with the following requirements: (1) Driveways which serve not more than two parking spaces shall be at least ten feet wide if they provide either ingress or egress only, and not less than 18 feet wide if they provide both ingress and egress. The Planning Director may authorize a reduction in width of two-way driveways if he finds that conditions make the 18 foot requirement impractical. (2 ) Driveways which serve more than two and not more than ten parking spaces shall be at least ten feet wide if they provide either ingress or egress only, and not less than 18 feet wide if they provide both ingress and egress. (3) Driveways which serve more than ten and not more than 25 parking spaces shall be at least 11 feet wide if they provide either ingress or egress only, and not less than 20 feet wide if they provide both ingress and egress. (4) Driveways which serve more than 25 parking spaces shall be at least 12 feet wide if they provide either ingress or egress only, and not less than 22 feet wide if they provide both ingress and egress. (5) The minimum distance from a wall, fence or similar obstacle to the edge of any driveway shall be two feet. (6) All driveways less than 18 feet in width and more than 150 feet in length shall be developed with turn -out areas to prevent the obstruction of access to emergency vehicles in such numbers, at such locations and designed and constructed to such standards as the Director of Public Works prescribes. (7) When a garage or carport opens onto a street (excluding alleys) the length of the driveway shall not be less than 25 feet. (8) Unless otherwise authorized by the Fire Chief, a vertical clearance of at least 12 feet shall be maintained above all driveways. (9) Unless otherwise authorized by the Fire Chief, curves in a driveway more than 150 feet long shall have at least a 45 foot outside radius. SECTION 11. Section 3.42.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read; SEC. 3.42.040 SIZE AND LOCATION OF SPACES AND AISLES All parking spaces and aisles shall conform to the following standards; MM (1) For the purpose of determining parking space dimensions, the front limit of the space shall be the face of any wall or barrier (bumper height or higher). If no such wall or barrier exists, the front limit shall be a line perpendicular to the side line of the space, two feet forward of the face of the curb or wheel stop. (2) Spaces shall be at least nine feet by 20 feet. Aisle widths shall be a minimum of 12 feet for one -way aisles, and a minimum of 22 feet for two -way aisles. (3) Space width shall be increased to ten feet if adjacent on one side to a wall, fence, hedge or structure; and to 11 feet if adjacent on both sides to such walls, fences, hedges or structures. (4) Off - street spaces parallel with the aisle shall be at least 22 feet long. (5) Aisle widths and stall sizes may be interpolated from the following schedule: Depth of sta'11, perpendicular Minimum width of Angle of stall to aisle one -way aisles Degree Feet Feet Parallel Parking 9.0 12.0 30 17.8 12.0 35 18.8 12.0 37 19.3 12.0 40 19.8 12.0 45 20.5 13.0 50 21.1 13.0 55 21.5 14.0 60 21.8 15.0 65 21.9 16.0 70 21.9 18.0 75 21.6 20.0 80 21.3 22.0 85 20.7 24.0 90 20.0 26.0 -10- (6) When the configuration of the property or the location of existing structures constrict design of parking areas, the deciding body may modify parking stall and aisle width dimensions, provided that the applicant can demonstrate the modification would not impair the function of the parking area. (7) Parking space boundaries shall be delineated by double striping. Each double stripe shall consist of two four inch lines, separated by an 18 inch (8) Diagonal parking is encouraged wherever possible but shall be discouraged from having two -way aisles. (3) One -way aisles shall not dead -end. Dead -ends on two - way aisles are permissible if turn- around space is provided. SECTION 12. Section 3.65.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.65.010 SCOPE Applications for demolition permits (Uniform Building Code Section 301(a) or any successor section) filed with the Building Department shall be submitted to-the Planning Director for approval unless such permit is required as part of a code enforcement action by the Building Official, Council, or other authorized agency. -11- SECTION 13. Section 3.65.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.65.020 APPROVAL OF DEMOLITION PERMITS The Planning Director may approve the demolition permit application if: (1) It is accompanied by a building permit for a replacement structure which meets all Town regulations and has received all required approvals, or (2) It is for demolition of an accessory building or structure. SECTION 14. Section 3.65.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.65.030 ARCHITECTURE AND SITE APPROVAL REQUIRED Issuance of a demolition permit requires Architecture and Site Approval if: (1) The conditions of section 3.65.020(1) are not met, or (2) An application is for demolition of an accessory building or structure and the Planning Director determines for any reason that the accessory building or structure ought not to be demolished. SECTION 15. Section 3.65.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -12- SEC. 3.65.040: FINDINGS In architecture and site proceedings the deciding body shall consider: (1) Maintaining the Town's housing stock. (2) Preservation of historically or architecturally significant buildings or structures. (3) Property owner's desire or capacity to maintain the structure. (4) Economic utility of the building or structure. SECTION 16. Section 3.80.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.80.040 CONSIDERATIONS IN REVIEW OF APPLICATIONS The deciding body shall consider the following factors: (1) Whether the grading is needed for a use that has been approved or which is approved in the course of the same proceedings; (2) How the grading will look when compared with everything else around .it; (3) Whether the landscape is unnecessarily scarred because of the grading or removal of vegetation. SECTION 17. Section 4.22.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.22.060 ACCESS TO REMOTE AREAS Roadways and trails for vehicles shall not be constructed without Architecture and Site Approval. Approval shall not be -13- granted unless the deciding body finds that the roadway or trail is indispensable for an activity allowed in this zone and that the roadway or trail will be compatible with the terrain. SECTION 18. Section 4.24.035 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.24.035 ADDITIONAL DWELLINGS The following rules apply to approvals of additional dwellings provided by section 5.20.205(4)(h), only: (1) The total number of dwelling units shall not exceed that allowable under the slope density formula. (2) A tentative subdivision map shall be processed concurrently with the application for the conditional use permit, showing a separate lot for the site of each residential structure. The conditional use permit shall not be granted unless the map is approved. However, the applicant shall not be required to file a final map or parcel map as a prerequisite to issuance of building permits, or ever, but subdivision improvement work may nevertheless be required as a condition of the conditional use permit. (3) The deciding body may, as a condition of approval, require the installation of public improvements including but not limited to, streets, sewers and water lines. -14- (4) The applicant must demonstrate the need for an additional dwelling without being required to divide the land. SECTION 19. Section 4.24.100 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.24.100: TRAILS When the General Plan or any specific plan shows trails the development plans shall include those provisions which are found necessary by the deciding body for the development of such trails. SECTION 20. Section 4.24.110 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.24.110 A CCESS TO REMOTE AREAS Roadways and trails for vehicles shall not be constructed without Architecture and Site Approval. Approval shall not be granted unless the deciding body finds that the roadway or trail is indispensible for an activity allowed in this zone and that the roadway or trail will be compatible with the terrain. SECTION 21. Sec. 4.28.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.28.070 DENSITY -- MULTIPLE FAMILY DWELLINGS The specific density for each building site shall be determined by the deciding body, when issuing the conditional use permit. The density shall not exceed six -15- dwelling units for the first 25,000 square feet of lot area and one dwelling unit for each additional 5,000 square feet. The determination shall be accompanied by findings that the density prescribed: (1) Will be adequately accommodated by streets serving the development either in their existing configuration or a, configuration which is intended to be created in the immediate future and that the development will not overburden existing streets or other public improvements such that the provision of public services to the general area will be impaired; (2) That the architectural design of the development, the site planning therefor, and the characteristics of the lot, including its shape, area, topography, vegetation and existing structure will be such that adjacent properties will not be adversely affected, and adjacent lots of single family residential size rendered unsuitable for development; (3) That the individual dwelling units will have light, air, off- street parking, open space, privacy and other amenities which are normally incident to single family residential development. SECTION 22. Section 4.32.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -16- SEC. 4.32.010 INTENT The R -M (Multiple Family Residential) zone applies to areas served by streets and other public improvements and services which are generally sufficient to sustain multiple residential development, and where the highest and best use of the subject property and surrounding properties is multiple residential. The R -M zone is the major multiple residential zoning district in the Town and is designed to allow various density ranges with actual specific density to be determined by the deciding body, depending on the particular characteristics of specific parcels, the uses surrounding them and the design of the development proposed. SECTION 23. Section 4.32.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.32.070 DENSITY -- MULTIPLE FAMILY DWELLINGS -- FINDINGS The specific density for each building site shall be determined by the deciding body when issuing the conditional use permit. The determination shall be accompanied by findings that the density.prescibeda (1) Will be adequately accommodated by streets serving the development either in their existing configuration or a configuration which is intended to be created in the immediate future and that the development will not overburden existing streets or other public improvements such that the provision of public services to the -17- general area will not be impaired. (2) That the architectural design of the development, the site planning therefor, and the characteristics of the lot, including its shape, area, topography, vegetation and existing structure will be such that adjacent properties will not be adversely affected. (3) That individual dwelling units will be serviced by light, air, off - street parking, open space, privacy and other such amenities which are normally incident to well- designed residential development. (4) Any multiple residential development existing on the date this zone classification is applied thereto, the density of which does not exceed the maximum limit for this zone, shall be deemed by operation of law to have had its density approved pursuant to the provisions of this section. SECTION 24. Section 4.32.120 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.32.120 RECREATIONAL OPEN SPACE FOR MULTIPLE FAMILY DWELLINGS For multiple family dwellings other than residential condominiums there shall be a total open space area of 200 square feet for each dwelling unit, usable for outdoor activities. This area is in addition to required yards, is a minimum requirement, shall be composed of private areas, community areas or both, and may be in the form of balconies or decks, all as determined by the deciding body. Any areas intended to serve as private open space shall be screened for privacy of the occupant as required by the deciding body. SECTION 25. Section 4.40.010 of the Zoning Ordinance of the Town of Los Gatos is amended to reads SEC. 4.40.010: USE OF DWELLINGS In office, commercial and industrial zones (sections 4.50.010 and 4.70.010) no building, or portion of any building, designed, intended to be used for, or which has been used for, dwelling purposes shall be used for any nonresidential use unless Architecture and Site Approval is obtained. The deciding body shall consider, but is not limited to, the following rules in determining applications for such approval: (1) The standards specified for Architecture and Site Approval, (2) Whether the building will be either rehabilitated in a manner consistent with its original character, or modified to be architecturally compatible with contemporary commercial or industrial structures in the vicinity, (3) Whether there will be appropriate use of existing plants and other landscaping. SECTION 26. Section 4.84.050 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -19- SEC. 4.84.050 OTHER REGULATIONS All other regulations of the underlying zone apply, with the exception that the deciding body may determine when granting a conditional use permit pursuant to section 4.84.040 that standard ordinance requirements for off- street parking and driveway width may be reduced or eliminated based on findings that such action is necessary for and consistent with the restoration or rehabilitation of the structure concerned. SECTION 27. Section 4.86.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.020 POWERS AND DUTIES OF COMMISSION The Commission: (1) Shall recommend to the Council, after public hearing, concerning designation of landmarks and historic districts, as provided in section 4.86.080, (2) May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and take appropriate measures for recognition, (3) Shall hear and determine Architecture and Site Approval applications for construction, alteration, demolition and remedial work on landmark sites and in historic districts, as provided in sections 4.86.140 through 4.86.180, -20- (4) May take steps to encourage or bring about preservation of structures or other features where the Commission has decided to suspend action on a permit application, as provided in section 4.86.170, (5) May, on request of the property owner, advise with respect to any proposed work not requiring a Town permit on a designated landmark site or in a designated historic district. Examples of the work referred to are painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting fixtures. In advising, the Commission shall be guided by the purposes and standards specified in this Chapter. This subsection does not impose regulations or controls on any property. SECTION 28. Section 4.86.030 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 29. Section 4.86.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.040 LOS GATOS HERITAGE PRESERVATION ADVISORY COMMITTEE The Los Gatos Heritage Preservation Advisory Committee is hereby recognized as a private, voluntary committee composed of citizens interested in historic preservation. The Commission may consult with and shall consider the ideas and recommendations of the Los Gatos Heritage Preservation Advisory Committee. -21- SECTION 30. Section 4.86.110 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.110 CONFORMITY REQUIRED Construction, alteration, demolition or removal work for which a Town permit is required is prohibited on a designated landmark site or in a designated historic district unless approval by the Commission has been granted as provided in sections 4.86.120 through 4.86.190, or unless the work conforms with the provisions of section 4.86.210. SECTION 31. Section 4.86.120 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.120 PERMIT REQUIRED No person shall do any work listed below without first obtaining Architecture and Site Approval: (1) Exterior alteration to a designated landmark. (2) Interior alterations that would affect the exterior of a designated landmark. (3) Construction of any type on a landmark site or within a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the site, district or any structure on the site or in the district. SECTION 32. Section 4.86.130 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -22- SEC. 4.86.130 APPLICATION FOR PERMIT Applications for Architecture and Site Approval shall include plans and specifications showing the proposed exterior appearance, color and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by the Commission, applications shall also show the relationship of the proposed work to the environs. SECTION 33. Section 4.86.140 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.140 PROCEDURE Where Architecture and Site Approval is required by this Chapter 4.86, the proceedings for action, referral and appeal shall be the same as those provided for conditional use permits. SECTION 34. Section 4.86.160 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.160 DECISION, TIME LIMITATION The Commission shall consider any report from the Los Gatos Heritage Preservation Advisory Committee and shall ascertain whether the proposed work conforms to this Ordinance and to the provisions of the designating ordinance. The Commission shall approve, suspend or disapprove the Architecture and Site Approval application within 120 days after the filing of a complete application with the Planning Director. -23- SECTION 35. Section 4.86.170 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.170 SUSPENDED ACTION To obtain sufficient time for steps necessary to preserve the structure concerned, the Commission may suspend action on an Architecture and Site Approval application to permit construction, alteration, demolition or removal for a period not to exceed 180 days. The Council may, by resolution, extend the suspension for an additional period not to exceed 180 days, if the resolution is adopted not more than 90 days and not less than 30 days prior to the expiration of the original 180 day period. During the suspension period, the Commission may consult with the Los Gatos Heritage Preservation Advisory Committee and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures. SECTION 36. Section 4.86.180 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.86.180 STANDARDS FOR REVIEW In evaluating applications, the Commission shall consider the architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. -24- Applications shall not be granted unless; (1) On landmark sites, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly -owned landmark, its major interior architectural features) nor adversely affect the character of historical, architectural or aesthetic interest or value of the landmark and its site. (2) In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district. In any event applications 'shall not be granted for work which violates standards included in the designating ordinance. SECTION 37. Section 4.86.190 of the Zoning Ordinance of is amended to read; SEC. 4.86.190 SHOWING OF HARDSHIP IN CASE; ALTERATIONS, DEMOLITIONS OR If the applicant presents facts clearly satisfaction of the Commission that failure the Town of Los Gatos 3 OF PROPOSED CONSTRUCTION demonstrating to the to approve his -25- application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the Commission may approve the application even though it does not meet the standards set forth in either the enabling or designating ordinance. SECTION 38. Section 5.20.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.20.040: CONSIDERATIONS IN REVIEW OF APPLICATIONS The deciding body shall consider all relevant matter including, but not limited to, the following: (1) Considerations relating to traffic safety and traffic Congestion The effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways; the adequacy of off - street parking facilities to prevent traffic congestion; the location, arrangement, and dimension of truck loading and unloading facilities; the circulation pattern within the boundaries of the development, and the surfacing and lighting of off- street parking facilities. (2) Considerations relating to outdoor advertising The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. (3) Considerations relating to landscaping The location, height, and materials of walls, fences, hedges and screen -26- C plantings to insure harmony with adjacent development or to conceal storage areas, utility installations or unsightly development; the planting of ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction of existing healthy trees. (4) Considerations relating to site layout The orientation and location of buildings and open spaces in relation to the physical characteristics of the site and the character of the neighborhood; and the appearance and harmony of the buildings with adjacent development. (5) Considerations relating to drainage The effect of the site development plan on the adequacy of storm and surface water drainage. (6) Considerations relating to the exterior architectural design of buildings and structures The effect of the height, width, shape and exterior construction and design of buildings and structures as such factors relate to the existing and future character of the neighborhood and purposes of the zone in which they are situated, and the purposes of Architecture and Site Approval. SECTION 39. (Deleted before adoption) -27- 0 SECTION 40. 0 Section 5.20.110 of the zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.20.110 VARIANCE -- FINDINGS AND DECISION The deciding body, on the basis of the evidence submitted at the hearing, may grant a variance if it finds that: (1) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zone; and (2) The granting of a variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. SECTION 41. Section 5.20.120 of the zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.20.120 CONDITIONS In approving a variance, a time extension or modifications thereof, the deciding body may include such conditions as are reasonable and necessary under the circumstances, to preserve I the integrity and character of the zone and to secure the general purposes of this Ordinance and the General Plan. Such conditions, without limiting the discretion and authority of the deciding body, may include time limitations, Architecture and Site Approval, street dedication, and street and drainage improvements. SECTION 42. item 4(h) of Section 5.20.205 of the Zoning Ordinance of the Town of Los Gatos is amended to reads 4(h). Additional dwelling subject to the provisions of section 4.24.035. SECTION 43. Section 5.20.210 of the Zoning Ordinance of the Town of Los Gatos is amended to reads SEC. 5.20.210 CONDITIONAM USE PERMIT -- FINDINGS AND DECISION The deciding body, on the basis of the evidence submitted at the hearing, may grant a Conditional Use Permit when specifically authorized by the provisions of this Ordinance if it finds that: (1) The proposed uses of the property are essential or desirable to the public convenience or welfare; (2) The proposed uses will not impair the integrity and character of the zones (3) The proposed uses would not be detrimental to public health, safety or general welfare; and ,Ms (4) The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of this Ordinance. SECTION 44. Section 5.20.220 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.20.220: CONDITIONS In approving a Conditional Use Permit, time extension or modifications thereto, the deciding body may include such conditions as are reasonable and necessary under the circumstances, to preserve the integrity and character of the zone and to secure the general purposes of this Ordinance and the General Plan. Such conditions, without limiting the discretion and authority of the deciding body, may include time limitations, Architecture and Site Approval, street dedication, street and drainage improvements, and additional parking. SECTION 45. Section 5.30.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.010: APPEALS FROM DECISION BY THE PLANNING DIRECTOR Any interested person may appeal to the Commission from a decision of the Planning Director: (1) Determining an application for a horse permit, amateur horse event or animal permit, for a home occupation permit, for a tree removal permit, for a sign permit, or denying a certificate of use and occupancy on the ground that the use is not allowed in the zone, =11115 (2) Granting or denying an extension of time related to one of the foregoing transactions, (3) Revoking or modifying one of the foregoing approvals or permits. SECTION 46. Section 5.30.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.030 HEARING OF APPEAL Hearing of the appeal shall be set for the first regular meeting of the Commission which the business of the Commission will permit, more than five days after the date of filing of the appeal. The Commission may hear the matter anew and render a new decision in the matter. SECTION 47. Section 5.30.040 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 48. Section 5.30.050 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.050 APPEALS FROM DECISIONS BY THE PLANNING COMMISSION Any interested person may appeal to the Council from any decision of the Commission. The appellant must file a written notice of appeal in duplicate with the Clerk not more than seven days after the decision is rendered. The notice shall state clearly the reasons why the appeal ought to be granted. The Council shall not hear the appeal if the notice is not filed in time. -31- SECTION 49. Section 5.30.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.070 SETTING AND NOTICE OF HEARING The Clerk shall set the hearing of the appeal and shall give notice of such hearing in the manner required for the hearing of the matter before the Commission. In addition, the Council may give notice of the hearing in such other manner as it wishes. SECTION 50. Section 5.30.100 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.100 DECISION The decision of the Council upon the appeal shall be expressed by a written resolution. The Council shall forthwith transmit copies of the resolution to the original applicant, the appellant and the Commission. Any decision of the Council modifying, in whole or in part, the order, requirement, decision, determination, interpretation, or ruling appealed from, or making and substituting another decision or determination, requires the concurrence of at least four - fifths of the membership of the Council. If the decision is adverse to that of the Commission on any action concerning the administration or enforcement of any of the provisions of this Ordinance, the resolution shall specify where there was an error or abuse of discretion on the part of the Commission. No determination granting or denying a -32- conditional use permit, or a variance, shall be reversed or modified by the Council uhless the Council shall include in its decision a finding of fact showing where the Commission erred in its decision. SECTION 51. Section 5.30.110 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.110 CONFORMANCE TO APPROVAL -- MODIFICATIONS When zoning approval has been granted, development and use of land shall conform to the terms of the approval. Approvals may be modified. Applications for modification are determined by the body having jurisdiction to grant the original application. Applications for modifications are heard anew and the deciding body may impose new conditions or modify previous conditions. SECTION 52. Section 5.30.120 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.120 REVOCATION OR MODIFICATION OF A ZONING APPROVAL The Commission on its own motion may, and if directed by the Council, shall, hold a hearing to consider modifying or revoking any zoning approval which has been granted pursuant to the provisions of this Ordinance or any prior ordinance. Notice of the hearing shall be given in the same manner as for the hearing of an application for zoning approval. Written notice of the hearing shall also be mailed to any principals -33- making use of, or relying upon, any such zoning approval not less than five days prior to the date of the hearing. SECTION 53. Section 5.30.130 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.130 GROUNDS FOR REVOCATION After the hearing the Commission may revoke or modify a.zoning approval if it finds that one or more of the following grounds exist: (1) That the zoning approval was obtained by fraud; (2) That any person making use of, or relying upon the zoning approval is violating or has violated any conditions of such zoning approval, or the use for which the zoning approval was granted is being, or has been, exercised contrary to the terms or conditions of such approval; or (3) That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or to be a nuisance. SECTION 54. Section 5.30.150 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.150 TIME EXTENSIONS Reasonable extensions of time not exceeding one year each may be granted by the body having jurisdiction to grant the original application. Extensions are valid only if approved before -34- the pending expiration date and are measured from that date. Repeated extensions may be granted and new conditions imposed. Before granting an extension of time the deciding body must find from the evidence: (1) There would be no legal impediment to granting anew application for the same approval. (2) The conditions originally applied or new conditions to be applied as a part of the extension approval are adapted to any new facts concerning the proposed project. SECTION 55. Section 5.30...160 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.30.160 DATE OF APPROVAL Unless there is an appeal the date of approval is the date on which the deciding body votes on the motion or resolution of approval. When there is an appeal, the date of approval is the date of the administrative vote on the motion or resolution finally determining the appeal. SECTION 56. Section 5.40.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.40.040 REQUIREMENTS FOR ACTION Except as otherwise provided by statute, all Commission actions are performed by affirmative vote of a majority of the members present. A quorum is required for any action except a decision to adjourn. -35- SECTION 57. Section 5.40.060 of the zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.40.060 HEARINGS REQUIRED Hearings are required in the determination of the following matters: (1) Amendments to this Ordinance which change land from one zone to another or which create, abolish or alter a zone or the regulations of a zone which govern a land use. (2) Variances. (3) Conditional use permits. (4) Appeals, regardless of whether a hearing was required for the original determination. (5) Revocations or Town - initiated modifications of any permit or approval, regardless of whether a hearing was required for the initial determination. (6) Applicant- initiated modifications for any permit or approval when a hearing was required for the initial determination. (7) Time extensions for any permit or approval when a hearing was required for the original determination. (8) Alteration or demolition of a designated landmark. (9) Construction on a designated landmark site or within a historic district. (10) Whether to extend suspension of action on applications for (8) and (9) above. -36- For the purposes of this section, a matter is deemed to be one where a hearing was required for the original determination, if a hearing is currently required by this Ordinance for such original determinations. SECTION 58. Section 5.40.065 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.40.065 CONSENT ITEMS Any matter for determination by the Planning Commission, including matters requiring a noticed public hearing, may be placed on the Commission's meeting agenda as a separate item or as a consent item together with other matters, at the discretion of the Planning Director. At the request of any member of the Planning Commission, any consent item must be removed from the consent calendar and be considered as a separate item. At the request of any member of the audience any consent item for which a noticed hearing is required must be removed, and any other consent item may be removed from the consent calendar and considered as a separate item. SECTION 59. Section 5.40.100 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.40.100 DEVELOPMENT REVIEW COMMITTEE A Development Review Committee is established for the Town. The members of the Development Review Committee who attend all of the Committee meetings are the Planning Director, the Town -37- Engineer, the Building Official and the Superintendent of Parks and Forestry. The Fire Chief, Chief of Police, Town Attorney and Health Officer are also members of the Development Review Committee, but each of them only attends meetings when he determines that the matters under consideration require his attendance or when the Planning Director requests his attendance. SECTION 60. Section 5.40.110 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.40.110 CHAIRMAN The Planning Director is the Chairman of the Development Review Committee and determines whether an item before the Development Review Committee will be placed on the Planning Commission's consent calendar, placed as a regular Planning Commission agenda item or continued to a subsequent Development Review Committee meeting. When the Development :Review Committee does not reach a consensus on a matter a dissenting report is required. SECTION 61. Section 5.40.120 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.40.120 REPR MEMBERS Any member of the Development Review Committee may designate a person to act in his place at Committee meetings, subject to approval of the Town Manager. One member may not be the designee of another, nor may one designee represent more than one member. SECTION 62. Section 5.40.130 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.40.130 MEETING -- SCHEDULE AND NOTICES A reasonable period of time before each meeting the Chairman shall notify the members of the Development Review Committee of the time and place of the meeting. The notification shall state what matters will be considered at the meeting. The meetings shall be held on a regular schedule during business hours, but may extend or be continued to other times. SECTION 63. Section 5.40.140 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.40.140 APPLICANT ATTENDANCE The applicant or his representative is required to attend the committee meeting. SECTION 64. Section 5.60.010 of the Zoning Ordinance of the Town of Los Gatos 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, except records transmitted to the Town Council and retained by the Town Clerk. -39- (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 amateur 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 required of the Council or Commission. (10) Jointly with the superintendent of Parks and Forestry determines applications for tree permits to the extent provided by section 3.20.060. (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. .m (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 compliance. (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. SECTION 65. Section 5.60.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.60.030 DIRECTOR OF PUBLIC WORKS /TOWN ENGINEER The Director of Public Works /Town Engineer: (1) Prescribes standards for driveway construction. -41- (2) Prescribes standards for surfacing and draining of parking lots. (3) Determines correct traffic flow markings for parking lots. (4) Jointly with the Building Official determines whether grading permits require Architecture and Site Approval. (5) Is a member of the Development Review Committee. SECTION 66. Section 5.60.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.60.040 SUPERINTENDENT OF PARKS AND FORESTRY The Superintendent of Parks and Forestry: (1) Jointly with the Planning Director determines applications for tree permits to the extent provided by section 3.20.060. (2) Specifies special paving within driplines of trees in parking lots. (3) Is a member of the Development Review Committee. SECTION 67. Section 5.60.050 of the Zoning Ordinance of the Town of Los Gatos 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. 2E,VM (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 permit requires Architecture and Site Approval. (6) Is a member of the Development Review Committee. SECTION 68. Section 5.60.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.60.060 FIRE CHIEF The Fire Chief: (1) Authorizes changes in driveway standards for height clearance and radius of curves. (2) Is a member of the Development Review Committee. SECTION 69. Section 5.60.070 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.60.070 POLICE CHIEF The Police Chief is a member of the Development Review Committee. SECTION 0. Section 5.60.080 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.60.080 HEALTH OFFICER The Health Officer is a member of the Development Review Committee. 1XIM915 SECTION 71. Section 5.60.100 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.60.100 DEVELOPMENT REVIEW COMMITTEE The Committee: (1) Regularly reviews and makes recommendations to the Planning Commission concerning the matters which come before the Comm, ordinance amendments, zone changes to PD), General Plan adoptions and plan adoptions and amendments, and plans. determination of all fission except zoning (not including rezoning amendments, specific capital improvement (2) Reviews and makes recommendations to the Council concerning community- oriented bulletin boards and kiosks proposed to be erected on public property. (3) May on its own motion review and make recommendations concerning matters not assigned to it. No Commission action is invalid because of omission of review and recommendation. SECTION 72. Section 5.60.200 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.60.200 PLANNING COMMISSION (1) May initiate general plan amendments and specific plans or amendments. .. (2) Hears and recommends all proposals for adoption and amendment of the general plan. (3) Hears and recommends all proposals for adoption and amendment of specific plans. (4) May initiate zone changes and amendments to this Ordinance. (5) Hears and recommends proposals for zone changes, pre- zonings, and amendments to this Ordinance, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one year of a similar application. (7) Determines variance applications. (8) Determines conditional use permit applications. (9) Determines applications for Architecture and Site Approval. (10) Determines time extension when it would have had the power to grant the original approval. (11) Determines revocations and modifications of zoning approvals as provided in section 5.30.120. (12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (14) Determines whether to allow all deviations from the standards of this ordinance which are specifically authorized by this Ordinance except variances, and determines when stricter standards than those generally imposed by this Ordinance but specifically provided for in this Ordinance, apply. -45- (15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter or demolish structures, sites and areas designated, under the provisions of Chapter 4.86, or for which designation proceedings are pending. (16) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple family developments in the R -M zone. (17) Determines applications for section 3.20.060 tree permits. (18) Determines requirements for access to remote areas in the RC and HR zones. (19) Determines applications for neighborhood identification signs, and signs on free- standing walls. (20) Performs any functions required by statute or ordinance but not specifically assigned by this Ordinance. SECTION 73. Section 5.60.300 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.60.300 TOWN COUNCIL The Town Council: (1) May initiate and refer general plan amendments and specific plans or amendments to the Planning Commission for recommendation. (2) Hears and determines Planning Commission recommendations for the adoption or amendment of the general plan or any specific plans. .M (3) Adopts ordinances . (4) May initiate and refer zone changes and amendments to this Ordinance to the Planning Commission for recommendation. Nonsubstantive ordinance amendments may, but need not be referred to the Planning Commission. (5) Hears appeals from decisions of the Commission. (6) Determines whether to extend suspension under section 4.86.170. (7) Determines applications for permits for signs on public property, including but not limited to community - oriented bulletin boards and kiosks. SECTION 74. 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 Council of the Town of Los Gatos on November 7, 1977_ , and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on November 21, 1977 AYES: COUNCIL MEMBERS Ruth Cannon Mark B. D i Duca Mardi Gualtieri, John B. Lochner and Albert B. Smith NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Pgne SIGNED: MAYOR OF /THF TOWN OF LOS GATOS ATTEST: / CLERK O HE ^ OWN OF LOS GATOS -47-