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Ord 1363 - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE NO. 1363 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 1.00.050 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 1.00.050 APPLICATION The provisions of this Ordinance apply to all property regardless of ownership, including to the extent permitted by law, property owned by a governmental agency. SECTION 2. Section 1.00.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 1.00.070 USES PROHIBITED All uses which are not authorized by this Ordinance either by specific listing or by category are prohibited. SECTION 3. Section 1.00.080 is added to the .Zoning Ordinance of the Town , of Los Gatos to read: - SEC. 1.00.080 PROHIBITED USES LISTED Notwithstanding the provisions of this Ordinance concerning categories of allowed uses, the following uses are prohibited in all zones: Junk yard Drive -in restaurant Cemetery Sex shop Sex studio Mobile home occupied as a dwelling except in a mobile home park Mobile home occupied for any purpose other than as a dwelling, except temporarily as an office in connection with and during construction work Heavy industry Airport SECTION 4. Section 2.00.055 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 5. Section 2.00.095 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.095 BUSINESS OR COMMERCE Business or commerce means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for either profit or livelihood, regardless of whether there is any other motivation. The activities normally conducted in office buildings, offices, and in shops for the sale of personal services are included in the meaning of business or commerce. SECTION 6. Section 2.00.205 of the Zoning Ordinance of the Town of Los , Gatos is amended to read: SEC. 2.00.205 FAMILY DAY CARE HOME A dwelling where day care is provided for children under 18 years of age who are unrelated to the licensee. A small family day care home is for 6 or fewer children and a large family day care home is for 7 -12 children. Both limitations -2- include the number of children residing in the dwelling unit. SECTION 7. Section 2.00.210 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.210 FLOOR AREA, GROSS Gross floor area means the entire area of all floors, including basements and cellars, measured from the outer face of exterior walls or in the case of party walls from the centerline. Gross floor area includes any part of exterior balconies or walkways above the ground floor required for ingress and egress. Ornamental balconies and outside unroofed corridors not required for ingress or egress are excluded. The area of elevator shafts is excluded except on the ground floor. SECTION 8. Section 2.00.215 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 9. Section 2.00.220 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.220: GARAGE An accessory structure or any part thereof designed or used for parking or storing one or more vehicles. SECTION 10. Section 2.00.225 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -3- SEC. 2.00.225: GARAGE, REPAIR A structure, or any part thereof, used for the commercial repair or painting of vehicles. SECTION 11. Section 2.00.230 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.230 GARAGE, STORAGE A structure, or any part thereof, used commercially for the storage, parking or servicing of vehicles, but not the repair thereof. SECTION 12. Section 2.00.260 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.260 HOSPITAL An institution designed and operated to provide a full range of diagnostic, surgical and therapeutic treatment to the sick or injured, as well as short term recuperative residency for patients. "Hospital" does not include convalescent, nursing or rest homes defined in Section 2.00.150. SECTION 13. Section 2.00.345 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.345 MOTEL A building or group of buildings containing individual sleeping or living units, designed for use by either vehicular tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, Q tourist courts, or motor lodges. SECTION 14. Section 2.00.370 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 15. Section 2.00.402 is added to the Zoning Ordinance of the Town of Los Gatos to reads SEC. 2.00.402 RESIDENTIAL CARE FACILITY A residential care facility is an establishment where 24- hour -a -day nonmedical care is provided to persons unrelated to the licensee and residing there, who need personal services, protection, supervision, assistance, guidance, and training essential for sustaining their activities of life or for their protection, when the establishment is a facility authorized, certified, or licensed for such care pursuant to the provisions of the California Community Care Facilities Act or other applicable state law and when no medical care is provided other than such incidental care that is permitted without additional authorization, certification or licensing pursuant to state law. A small family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for 6 or fewer persons. A large family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for 7 to 12 children or 7 to 15 adults. A group home is a residential care facility of any capacity -5- where services are provided to a group of children or adults who need or want care or supervision. SECTION 16. Section 2.00.405 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.405 RESTAURANT, DRIVE -IN A restaurant where food or beverages is sold to be eaten in vehicles whether on or off the premises or is delivered directly to the occupants of vehicles. SECTION 17. Section 2.00.410 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 18. Section 2.00.425 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.425 SERVICE STATION A place where vehicles are serviced, when the services are limited to the selling of petroleum products, tires, batteries and accessories, servicing automobiles, trucks and similar vehicles, including minor automotive repair, but excluding auto body, fender, major engine repair or rebuilding, and outside repairs of any kind, and excluding outside display of goods, except for petroleum products. SECTION 19. Section 2.00.427 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 2.00.427 SEX SHOP A store where implements or paraphernalia intended for direct tactile sexual stimulation of human beings are sold. SECTION 20. Section 2.00.428 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 2.00.428 SEX STUDIO A business that is sexually- oriented and provides what-is commonly known as "adult" entertainment, activity or recreation, including: (a) Massage establishments or schools, excepting the activities of licensed physicians, osteopaths, registered nurses, physical therapists and chiropractors, and of athletic trainers whose work is concerned with the alleviation of the symptoms of athletic injury, (b) Nude encounter studios, (c) Nude adult exhibitions, live or otherwise, excepting theatres, (d) Peep shows, (e) Adult escort services, (f) Nude adult art or photography studios, (g) Nude adult wrestling centers, (h) Any business, use of land or occupation similar or related to those listed in (a) through (g) . SECTION 21. Section 2.00.490 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 2.00.490: VEHICLE Vehicle includes automobiles, buses, motorcycles, boats, trailers, mobile homes, recreational vehicles, trucks, campers, -7- motorized construction equipment, tractors and similar devices. SECTION 22. Section 3.05.030 is added to the Zoning Ordinance of the Town of Los Gatos 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 higher standards. (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 12.0 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 reviewing body. (2) Community Recreation Space: In addition to the private open space required by part (1), there shall be a total MEM community recreation area of at least 100 square feet for each dwelling unit. This area is in addition to that required for yards. The reviewing 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 reviewing body, and provided an equivalent land area is designated as community recreation space elsewhere on the property. SECTION 23. Section 3.20.050 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.20.050 APPLICATIONS The information on applications for tree removal permits shall include the number and location of the trees to be removed, showing the type of each and the reason for removal of each. Applications for tree removal may be granted, denied, or granted with conditions. SECTION 24. Section 3.29.010 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 25. Section 3.30.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.30.040 PERMITS Sign permits must be obtained before erection of all signs, except as provided by Chapter 3.32. A building permit may be required by another ordinance. SECTION 26. Section 3.30.050 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 27. Section 3.31.075 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.31.075 DIRECTIONAL SIGN (VEHICULAR) A vehicular directional sign is an off - premises sign which shows the direction to or location of the civic center, hospitals, public parking lots, and any publicly -owned facility. SECTION 28. Section 3.31.077 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 3.31.077: DIRECTIONAL SIGN (PEDESTRIAN) A ped6strian directional sign is an on- premises sign which shows the direction to or location of a customer entrance to a business. SECTION 29. Section 3.31.125 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -10- SEC. 3.31.125: NONCONFORMING SIGN A nonconforming sign is one which was lawfully erected but which does not comply with this Ordinance because of: (1) Annexation of territory to the Town, (2) Amendment to the Zoning Ordinance, (3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner of the real property where the sign is located. However, a sign which was lawfully erected but which does not comply with this Ordinance because of: (1) Division of real property where the sign is located, (2) Alterations to any building on the lot, parcel or zoning plot where the sign is located, or (3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located, is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs. SECTION 30. Section 3.33.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.33.060 PORTABLE SIGNS Portable signs and signs erected on parked vehicles or trailers. -11- SECTION 31. Section 3.35.060 of the Zoning Ordinance of the Town of Los Gatos is amended - to read: SEC. 3.35.060 SIGNS SUSPENDED FROM A MARQUEE All signs suspended from a single marquee shall be uniform in size, shape, placement and background color. Such signs shall have a clearance of at least eight feet above grade. SECTION 32. The title of Chapter 3.37 of the Zoning Ordinance of the Town of Los Gatos is amended to read: CHAPTER 3.37 Signs which May Be Erected In All Zones SECTION 33. Section 3.37.015 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.37.01:5 DIRECTIONAL SIGNS (VEHICULAR) Non - illuminated vehicular directional signs not exceeding six square feet in area, nor a height of ten feet, and erected at least 100 feet from any other directional sign. SECTION 34. Section 3.37.017 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 3.37.017 DIRECTIONAL SIGNS (PEDESTRIAN) For each customer entrance, one non - illuminated pedestrian directional sign which does not exceed one square foot in area. -12- SECTION 35. Section 3.38.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.38.030 NONRESIDENTIAL ZONES The rules for nonresidential zones (defined by section 4.40.005) are specified in this section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs for each zoning plot. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed 25% of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the zoning plot is contiguous to a residential zone and if the wall faces that zone. (1) Allowed sign area is one square foot for each lineal foot of primary business frontage plus one square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed 50% of the sign area generated by the primary business frontage. -13- (2) Allowed sign area, is one square foot for each lineal foot of primary business frontage plus one -half square foot for each lineal foot of secondary business frontage. (3) For vehicle sales the area of free - standing signs is not restricted by any rule limiting total sign area on the zoning plot. (4) The total area of all signs on a zoning plot shall not exceed one square foot of sign area for each lineal foot of lot frontage. (5) The total area of all signs on a zoning plot is limited to the area derived from the business frontage calculation. (6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the zoning plot. (7) For shopping centers the area of a free - standing sign is not restricted by any rule limiting total sign area on the zoning plot. (8) The area of time and temperature signs is not restricted by any rule limiting total sign area. (9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a zoning plot. -14- c . m rn c @ c C U @ L N w U a� N O W @ C O O u c c -C - v urn O - @ L 'o c C 4 > C O 01 C V u N @ C O c O U C D C U "O O @ @ C L L @ C VI @ N O N L N N O 'D L > E Q ) @ U -C w U •- @ X @ T.L U/ C E L -C .� w U w U 3 m C: U @ c U N C UL O @ N 0, a v C4 > 0 @ C a L a C O rn C T s •- o @ N nt E ^ N m U z z -1.5- ^ 0 X N ^ v E.0 x •X 4-• y oN .° x v w v E N c c z N �' c0 Z p O Ln O O '• Z I- U( N fn U U O N N O (A X Of �.. Ol 0 Of u L, N O LA Ln N N IL Lr l u 1 OD W O1 T � !u� X X X X N N N M X X W 0 N CO U � c N N 1 X X X X N -Zi 10 N X X r 1 N M co f � f c �O OD ^ 0) T V-0 1 x X x X N N ,-� 0 Z O O - C 0-0 O V) O O - m UN w' y _ N N U �' L VI U) O X ut N CO 7 N N ^ K N L O C N 7 c LL U Cl) 7 ) - > u U 1 1 7 Q U 4J 1 4- .� c : C : 4- E W O" 4- U 4- F- p• c O @ O D @ +' O O Z - m N E c of c O O• Cg ^ u, a m - v U, a w @ v N o O O •L � U U L� 4- O m @ C LL @ Q1 @ -0 C LL @ N Ql(n + W 1._ 1 LL @ �I �+ N. U O O Q O U Q O '0U' L L N Q A/ U C a� N a ^ N a ^ N +-+ p a N L L ^ L h�•q Cl • J-� C•^ •-- 4 • a O O ut •- "@ L- 7•- O L) @ L @ @ U U u a L U L @ @ N U U1 41 T L �a L O @ •- � N 1� @ @ O1 M®i aN O +� O @ d Vl p�q VI K O n g U L ° Q F U k4 Q �- ° U U U° Q yN 4/ O O F®i O �� c .. .. - U O rj - ® U F ns � 4- N �ry E� E E , /E U . v a m rn c @ c C U @ L N w U a� N O W @ C O O u c c -C - v urn O - @ L 'o c C 4 > C O 01 C V u N @ C O c O U C D C U "O O @ @ C L L @ C VI @ N O N L N N O 'D L > E Q ) @ U -C w U •- @ X @ T.L U/ C E L -C .� w U w U 3 m C: U @ c U N C UL O @ N 0, a v C4 > 0 @ C a L a C O rn C T s •- o @ N nt E ^ N m U z z -1.5- SECTION 36. Section 3.41.040 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 37. Section 3.60.020 of the Zoning Ordinance of the Town of Los Gatos - '.is repealed. SECTION 38. Section 3.60.030 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 39. Section 3.60.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 3.60.060 INVESTIGATION The Planning Director shall revoke home occupation permits when this Ordinance or a condition of the permit is violated. SECTION 40. Section 4.10.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.10.010 ACCESSORY BUILDINGS In. residential zones (defined by section 4.05.010), accessory buildings 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, (2) Are not in a required front or side yard, -16- (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 R--M zone where no setback is required by this subsection (4), (5) Do not occupy more than 15 per cent of the area of a required rear yard, except in the R -M zone where there is no limitation, (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, (7) Breezeways may be used to provide shelter between buildings. SECTION 41. Section 4.10.050 of the zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.10.050 HEIGHT DETERMINATION FOR SLOPING LOTS Where the average slope of a lot (measured in the general direction of the lot lines) is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, the maximum height and number of stories for a building is set according to one of the following rules. If Rule 1 is inapplicable the landowner may elect whether to use Rule 2 or 3. As used in this section, measurements taken from grade are made at the extreme front or extreme rear of the building. -17- (1) On uphill slopes (from street), the maximum height specified for the zone is measured from the rear grade. The height measured from the front grade may be increased to exceed that measured at the rear grade by ten feet. The number of stories at the front may be increased to exceed that allowed at the rear by one. (2) On downhill slopes (from street), the maximum height specified for the zone is measured from the front grade. The height measured at the rear grade may exceed this maximum by ten feet. The number of stories at the rear may be increased to exceed that allowed at the front by one. (3) On downhill slopes (from street), when maximum allowable height measured from the front grade is reduced by ten feet, and the number of stories is reduced by one, the height measured from the rear grade may be increased to exceed that measured at the front grade by 30 feet, and the number of stories may be increased by three. SECTION 42. Section 4.22.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.22.020 PERMITTED USES (1) Single family dwelling, provided that there.�is not more than one principal residential structure on a lot. (2) Agriculture as defined in section 2.00.030 except dairying. (3) Botanical conservatory. (4) Small family day care home. (5) Residential care facility -- small family home. SECTION 43. Section 4.22.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.22.030 CONDITIONAL USES In addition to the activities authorized by section 4.22.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 44. Section 4.24.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.24.020 PERMITTED USE (1) Single family dwelling, provided that there is not more than one principal residential structure on a lot. (2) Agriculture as defined in section 2.00.030 of this Ordinance except dairying. (3) Small family day care home. (4) Residential care facility -- small family home. SECTION 45. Section 4.24.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.24.030 CONDITIONAL USES In addition to the activities authorized by section 4.24.020, the activities listed in the table in section 5.20.205 are allowed if a. conditional use permit is issued. -19- SECTION 46. 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 reviewing body may, as a condition of approval, require the installation of public improvements including but not limited to, streets, sewers and water lines. (4) The applicant must demonstrate the need for an additional dwelling without being required to divide the land. -20® SECTION 47. Section 4.24.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.24.040 DENSITY The minimum land area required for each dwelling unit in any subdivision is determined by the following slope - density regulation: (1) The average slope of land proposed to be subdivided is determined according to the formula S = .0023 IL where: A S is the average slope in per cent. I is the contour interval in feet. L is the combined length of contour lines in feet. A is the gross area in acres of the parcel or lot as applicable not including existing public roads. A topographic map shall be used which meets the requirements for obtaining approval of tentative maps. Contour intervals shall not exceed ten feet. (2) Slope density -- the minimum land area for each dwelling unit shall not be less than "a" as determined by the formula a = _ 1 where "S" is the average slope 1 - .016S of the parcel in per cent. Where the average slope is in excess of 50 per cent the minimum land area for each dwelling unit is 5.0 acres. (3) The maximum number of dwelling units allowed in a subdivision is determined by dividing the land -21- area by the required minimum land area for each dwelling unit and rounding down to the next whole number. (4) In calculating the allowable number of dwelling units in any subdivision, no parcel which can be further subdivided under this section shall be included in the net land area used in determining the maximum number of dwelling units allowed. However, if the development rights beyond one dwelling unit for such parcel are dedicated to the Town, the parcel may be included. (5) Where any part of the land slopes more than 50 per cent, that part may be treated separately and the number of dwelling units permissible on that part may be added to the number permissible on the rest of the land to compute the total number of allowed dwelling units. (6) In subdivisions approved under the regulations of the HR zone after January 17, 1973 (the effective date of Ordinance No. 1089), divisions of land which would allow a greater number of dwelling units than would have been allowed by the slope density formula for the entire parcel as it existed before subdivision are prohibited. SECTION 48. Section 4.24.050 is added to the Zoning Ordinance of the Town of Los Gatos to read: -22- t.�s2. air SEC. 4.24.050 LOT AREA The minimum lot area (not to be confused with the required minimum land area for each dwelling unit) is 40,000 square feet. SECTION 49. Section 4.24.060 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.24.060: LOT WIDTH The minimum lot width is 100 feet. SECTION 50. Section 4.24.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.24.070 YARDS Front: 30 feet minimum Side: 20 feet minimum Rear: 25 feet minimum Side abutting street: 20 feet minimum SECTION 51. Section 4.24.080 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.24.080 HEIGHT The maximum height of any principal building is two stories and not over 30 feet. SECTION 52. Section 4.24.090 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.24.090 SCENIC ROADS Landscaping is required in yards abutting scenic roads. IWAIM Existing vegetation and land forms abutting scenic roads shall be left in a natural state unless modification is found to be necessary for a specific use. To enhance the scenic corridor, additional landscaping may be required. SECTION 53. Section 4.24.100 is added to the Zoning Ordinance of the Town of Los Gatos 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 reviewing body for the development of such trails. SECTION 54. Section 4.24.110 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.24.110: ACCESS TO REMOTE AREAS Roads, tracks or runways for automobiles, trucks, buses or motorcycles within this zone shall no.t be developed except with Architecture and Site Approval. The reviewing body shall not grant such approval except upon finding that the purpose for which the road, track or runway is proposed is essential for the establishment or maintenance of a use which is expressly permitted herein and that the design and location of the proposed road, track or runway will be compatible with the terrain. The use of all roads, tracks or runways existing at the time of the adoption of this Ordinance which are nonconforming or have been -24- established without proper approvals shall be terminated and shall be returned to natural terrain unless given approval in accordance with the regulations set forth in this Ordinance. SECTION 55. Section 4.26.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.26.020 PERMITTED USES The following uses are permitted: (1) Single family dwelling, provided that there is not more than one principal residential structure on a lot. (2) Raising of trees, vegetables and horticultural specialties, but not including commercial greenhouses, retail nurseries, or storage of landscaping equipment, products or supplies for commercial uses, (3) Small family day care home. (4) Residential care facility -- small family home. SECTION 56. Section 4.26.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.26.030 CONDITIONAL USES In addition to the activities authorized by section 4.26.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. -25- SECTION 57. Section 4.28.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.28.020 PERMITTED USES The following uses are permitted: (1) Single family dwelling. (2) Two family dwelling. (3) Small family day care home. (4) Residential care facility -- small family home. SECTION 58. Section 4.28.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.28.030 CONDITION USES In addition to the activities authorized by section 4.28.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 59. Section 4.30.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.30.020: PERMITTED USES The following uses are permitted: (1) Single family dwelling. (2) Two family dwelling. (3) Small family day care home. (4) Residential care facility -- small family home. SECTION 60. Section 4.30.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -26- SEC. 4.30.030 CONDITIONAL USES In addition to the activities authorized by section 4.30.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 61. Section 4.32.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.32.020 PERMITTED USES The following uses are permitted: (1) Single family dwelling. (2) Two family dwelling. (3) Small family day care home. (4) Residential care facility -- small family home. SECTION 62. Section 4.32.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.32.030 CONDITIONAL USES In addition to the activities authorized by section 4.32.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 63. Section 4.32.130 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 64. Section 4.40.020 is added to the Zoning Ordinance of the Town of Los Gatos to read: -27- SEC. 4.40.020 ACTIVITIES TO BE CONDUCTED INDOORS All businesses, services and processes shall be conducted entirely within completely- enclosed buildings, except as provided in sections 4.40.030 and 4.40.040 and except for outdoor activities specifically authorized by a conditional use permit. SECTION 65. Section 4.40.030 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.40.030 OUTDOOR DISPLAY OF MERCHANDISE Outdoor display of merchandise is allowed only: (1) During business hours of the business displaying the merchandise, (2) Immediately adjacent to the building the business occupies, (3) If the merdhandise is not in any parking lot, and (4) If placement of the merchandise does not obstruct pedestrian movement and allows at least 6 feet of pedestrian walkway between the display and any other obstruction. The 6 feet may include adjacent available public right -of -way. This section governs the display of merchandise on private property only. Display of merchandise on public property is regulated by other ordinances of the Town. am SECTION 66. Section 4.40.040 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4. 40.040 : SPECIAL SALES EVENTS AND OUTDOOR DISPLAY OF MERCHANDISE Civic events, art shows, and fund - raising events for service clubs or charitable institutions are exempt from the provisions of this Ordinance regulating outdoor sales or display of merchandise, provided the event does not exceed three days' duration. Shopping center and area -wide sales promotions are also exempt from the provisions of this Ordinance regulating outdoor sales, provided a single event does not exceed three days' duration, there is not more than one event per zoning plot in each calendar quarter, and there is at least a 30 day interval between events. SECTION 67. Section 4.40.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.40.060 SEASONAL SALE OF CHRISTMAS TREES OR PUMPKINS Temporary facilities for the seasonal sale of Christmas trees or pumpkins are permitted in nonresidential zones, provided that a temporary- certificate of use and occupancy is obtained from the Planning Director. Temporary facilities for the seasonal sale of Christmas trees or pumpkins shall not be required to meet the development standards of the zone. The Planning Director, upon receipt of an application to establish a temporary facility for the sale of Christmas trees or pumpkins, -29- may issue a temporary certificate of use and occupancy subject to the following conditions: (1) The temporary certificate of use and occupancy shall be limited to a maximum of 60 days and shall expire at the expiration of 60 days from its date of issuance. (2) All temporary electrical facilities, temporary toilet and plumbing facilities, and temporary shelters or structures shall be approved by the Building Department and the Fire Department. (3) All signs and outdoor advertising material shall be subject to the standards of Chapters 3.30 through 3.39 of this Ordinance and their size and location shall be subject to approval by the Planning Director. (4) The area used as a temporary facility for the seasonal sale of Christmas trees or pumpkins shall be left in a clean and orderly manner with all structures, signs,and other material removed prior to the expiration of the maximum 60 day time limit.. (5) Adequate off-street parking shall be provided for the temporary facility. (6) The proposed temporary facility shall not unreasonably interfere with or be detrimental to the public health, safety, and welfare. SECTION 68. Section 4.40.070 is added to the Zoning Ordinance of the Town of Los Gatos to read: IS= SEC. 4.40.070 OUTDOOR STORAGE When a conditional use permit is granted storage the area for storage must be suitably adjoining property by a wall, dense evergreen or other screen planting, or by a solid fence six feet high. Materials shall not be stored as to project above the wall, planting or fen SECTION 69. for outdoor screened from hedge of trees not less than in such a manner ::e. Section 4.40.080 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 4.40.080 PROJECTIONS ALLOWED INTO YARDS (1) A porte- coche're may be permitted over a driveway in a side yard, provided that it is not more than one story high and 24 feet long and not closer than two feet from the side lot line, and is entirely open on at least three sides, except for the necessary supporting columns and customary architectural features. (2) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys or other similar architectural features may extend or project into a required side yard not more than 24 inches and may extend or project into a required front or rear yard not more than 30 inches. (3) Open, unenclosed stairways, or landing places, not covered by a roof or canopy, may extend or project into a required rear yard not more than four feet. -31- SECTION 70. Section 4.52.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.52.010 INTENT The 0 zone allows all types of office activities and encourages buildings which are compatible with residential development. The O zone serves as a buffer between commercial and residential development with a minimum of traffic generation, particularly at night. SECTION 71. Section 4.52.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.52.020 PERMITTED USES Activities allowed in the 0 zone must be those which would not unreasonably interfere with residential uses or other activities within the 0 zone, and which are in the following categories: (1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales, (2) Retail sales by a pharmacy within a medical building. SECTION 72. Section 4.52.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -32- SEC. 4.52.030 CONDITIONAL USES In addition the activities authorized by section 4.52.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 73. Section 4.52.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.52.060 YARDS (1) Front: 25 feet minimum (2) Side: 10 feet minimum (3) Rear: 20 feet minimum (4) Side abutting street: 15 feet minimum (5) A six foot high masonry wall is required along any property line abutting a residentially -zoned lot. SECTION 74. Section 4.54.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.54.010 INTENT The C -1 zone is intended for areas which are easily accessible and useful for retail, service and administrative activities which are oriented to the day -to -day needs of the residents of the Town. SECTION 75. Section 4.54.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -33- SEC. 4.54.020 PERMITTED USES Activities allowed in the C -1 zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories: (1) Retailing. (2) Personal service businesses and service businesses necessary for the conduct of households. (3) Office activities. (4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer. Examples of proper C -1 activities are grocery stores, launderettes or dry- cleaning agencies, drug stores, barber shops, appliance repair shops, and offices. Examples of activities which are not proper in the C -1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry or dry - cleaning plants. SECTION 76. Section 4.54.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.54.030 CONDITIONAL USES In addition to the activities authorized by section 4.54.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 77. Section 4.54.040 of the Zoning Ordinance of the Town of Los Gatos is repealed. -34- SECTION 78. Section 4.54.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.54.070: YARDS (1) Front: (2) Side: (3) Rear: (4) Side abutting (5) The following property line 15 feet minimum None required None required street: 15 feet minimum yard requirements apply along those s of a lot in the C -1 zone which abut or are across the street from a lot in a residential zone: (a) Front: 25 feet minimum (b) Side abutting street: 15 feet minimum (c) Side or rear: 20 feet minimum plus one foot for each foot of building height over 20 feet. A six foot high masonry wall is required along the property line. SECTION 79. Section 4.56.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.56.010 INTENT The C -2 zone is intended to encourage the continuance of a viable and predominantly pedestrian - oriented central business district for the Town and therefore the zone allows a wide variety of retail, service, entertainment and administrative -35- activities which are necessary to serve a large trading area. SECTION 80. Section 4.56.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.56.020 PERMITTED USES Activities involving the conduct of commerce and general business and for the sale of commodities necessary for the needs of residents and visitors of the Town, such as: (1) Retailing. (2) Personal service businesses. (3) Service businesses necessary for the conduct of households or businesses. (4) Office activities. (5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer. (6) wholesaling without warehousing on the premises. Examples of proper C -2 activities are apparel stores, launderettes or dry - cleaning agencies, travel agencies, antique stores, telephone answering services, artist studios, sales offices for merchandise stored elsewhere, craft studios, auto parts sales and paint shops. Examples of activities which are not proper in the C -2 zone are vehicle sales or service, manufacturing, warehousing, laundry or dry-cleaning plants. SECTION 81. Section 4.56.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: -36- V SEC. 4.56.030 CONDITIONAL USES In addition to the activities authorized by section 4.56.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 82. Section 4.56.040 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 83. Section 4.56.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.56.060: YARDS (1) Front or side abutting street: 10 feet minimum (2) Side: None required (3) Rear: None required (4) The following yard requirements apply along those property lines of a lot in the C -2 zone which abut or are across the street from a lot in a residential zone: (a) Front: (b) Side abutting street: (c) Side or rear: 15 feet minimum 15 feet minimum 20 feet minimum plus one foot for each foot of building height over 20 feet. A six foot high masonry wall is required along the property line. -37- SECTION 84. Section 4.58.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.58.020: PERMITTED USES The following uses are permitted: (1) Art or antique shop, retail sales only. (2) Bakery. (3) Barber and /or beauty shop. (4) Book or stationery shop. (5) Clothing shop. (6) Drug store. (7) Florist or gift shop. (8) Grocery store, including meat, fruit, vegetable sales, and delicatessen. (9) Hobby shop. (10) Meat market. (11) Offices, business or professional. (12) Photography studio. (13) Retail drapery shop. (14) Fixit and vacuum repair shop. (15) Auto parts shop. (16) Liquor store. (17) Sporting goods shop. (18) Dental laboratory. (19) Candy store, soda fountain, and ice cream parlor. (20) Shoe repair shop. (21) Retail business establishment. Sm (22) Printing and publishing business. (23) Personal service establishment entirely within enclosed buildings. (24) Tailor shop. (25) Retail dry cleaning establishments (provided that the solvents used shall be nonflammable, non -- explosive and are in fluid -tight units approved by the State Fire Marshal.) (26) Interior decorator's service. (27)) Limited repair services conducted entirely within enclosed buildings, such as jewelry, domestic appliance, typewriter and business machine repair shops. (28) Business services, such as advertising, credit reporting, accounting, telephone services, consulting agencies, stenographic and duplicating services, messenger and telegraph offices, taxi stands. (29) Wholesaling without stock where storage of merchandise is limited to samples only. (30) Home equipment rental establishments. (31) Artist studio, such as sculpture, painting, pottery, etc. (32) Medical and dental clinic and laboratory. (33) Limited food processing with retail outlets on the premises. (34) Pet shop. SECTION 85. Section 4.58.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: ISRO 9 SEC. 4.58.030 CONDITIONAL USES In addition to the activities authorized by section 4.58.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 86. Section 4.58.050 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.58.050 FRONT YARDS The following minimum yard requirements shall apply: (1) Main Street: 10 feet (2) Villa Street: 15 feet (3) Jackson Street: 20 feet (4) Fiesta Way: 20 feet (5) High School Court: 10 feet (6) Church Street: 10 feet (7) Pageant Way: 20 feet (8) Pleasant Street: 15 feet SECTION 87. Section 4.60.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.60.010: INTENT The CH zone is intended for development of vehicular - oriented activities and sales along highway frontages, inter- mingled with compatible retail, service and administrative activities. -m SECTION 88. Section 4.60.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.60.020 PERMITTED USES Activities allowed in the CH zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories: (1) Retailing. (2) Personal service businesses and service businesses necessary for the conduct of households. (3) Office activities. (4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer. Examples of proper CH activities are grocery stores, launderettes or dry - cleaning agencies, drug stores, barber shops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or I&undry or dry cleaning plants. SECTION 89. Section 4.60.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read; SEC. 4.60.030: CONDITIONAL USES Mn addition to the activities authorized by section 4.60.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. -41- SECTION 90. Section 4.60.040 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 91. Section 4.60.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.60.070: YARDS (1) Front: 15 feet minimum (2) Side: None required (3) Rear: None required (4) Side abutting street: 15 feet minimum (5) The following yard requirements apply along those property lines of a lot in the CH zone which abut or are across the street from a lot in a residential zone: (a) Front: 25 feet minimum (b) Side abutting street: 15 feet minimum (c) Side or rear: 20 feet minimum plus one foot for each foot of building height over 20 feet. A six foot high masonry wall is required along the property line. SECTION 92. The title of Chapter 4.72 of the Zoning Ordinance of the Town of Los Gatos is amended to read: Chapter 4.72 LM or Commercial - Industrial Zone -42- SECTION 93. Section 4.72.010 of the Zoning Ordinance of the Town of Los Gatos is amended - to read: SEC. 4.72.010 INTENT The LM zone is intended for small scale light industrial, repair and service - oriented activities in addition to retailing, service and administrative activities. SECTION 94. Section 4.72.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.72.020 PERMITTED USES Activities allowed in the LM zone are those service- oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories: (1) Retailing. (2) Personal service businesses. (3) Service businesses necessary for the conduct of households or businesses. (4) Office activities. (5) Limited manufacturing. (6) Wholesaling and warehousing. Examples of proper LM activities are plumbing, heating and electrical contracting, equipment repair, and laundry and dry cleaning plant. Examples of activities which are not proper in the LM zone are vehicle sales, large scale light industrial activity. -43- SECTION 95. Section 4.72.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.72.030 USES PERMITTED BY CONDITIONAL USE PERMIT In addition to the activities authorized by section 4.72.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 96. Section 4.72.040 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 97. Section 4.72.070 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.72.070: YARDS (1) Front: 15 feet minimum (2) Side: None required (3) Rear: None required (4) Side abutting street: 15 feet minimum (5) The following yard requirements apply along those property lines of a lot in the LM zone which abut or are across the street from a lot in a residential zone: (a) Front: 25 feet minimum (b) Side abutting street: 15 feet minimum (c) Side or rear: 20 feet minimum plus one foot for each foot of building height over 20 feet. A six foot high masonry wall is required along the property line. A SECTION 98. Section 4.72.100 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 99. Section 4.74.010 of the-Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.74.010 INTENT The CM zone provides for light industry compatible with neighboring uses. SECTION 100. Section 4.74.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.74.020: PERMITTED USES Activities allowed in the CM zone must be those which would not unreasonably interfere with residential uses in the vicinity or other activities within the CM zone and which are in the following categories: (1) Activities involving controlled manufacturing, research and development, wholesaling, warehousing, and other light industrial uses. (2) Sales to the ultimate consumer:of articles manufactured on the premises to the customer's order. Examples of activities which are not proper in the CM zone are retailing except articles manufactured and sold as provided in subpart (2), personal services, and vehicle sales and service. -45- SECTION 101. Section 4.74.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.74.030 CONDITIONAL USES In addition to the activities authorized by section 4.74.020, the activities listed in the table in section 5.20.205 are allowed if a conditional use permit is issued. SECTION 102. Section 4.74.040 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 103. Section 4.74.060 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.74.060 YARDS (1) Front or side abutting street: (2) Side: (3) Rear: 25 feet minimum plus one foot for each foot of building height over 20 feet. 25 feet minimum. None, except when adjacent to a residential zone then- - 20 feet minimum plus one foot for each foot of building height over 20 feet. (4) A.six foot high masonry wall is required along any property line which abuts a lot in a residential zone. a El 000 SECTION 104. Section 4.74.090 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 105. Section 4.82.010 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 4.82.010 APPLICATION The following ordinances that concern designation of land PD or RPD have at various times been adopted by the Town: 847, 855, 938, 967, 977, 992, 1053, 1061, 1067, 1077, 1109, 1110, 1121, 1123, 1129, 1172, 1216, 1247, 1275, 1279, 1281, and 1302. Of the foregoing ordinances the following: (1) Have heretofore been repealed - - 847, 967, 977, and 1123. (2) Were repealed by Ordinance No. 1328 -- 855 and 992. (3) Remain in effect, subject to the further provisions of this section 4.82.010 -- 938, 1053, 1061, 1067, 1077, 1109, 1110, 1121, 1129, 1172, 1216, 1247, 1275, 1279, 1281, and 1302. If a PD or RPD ordinance was in effect before the effective date of Ordinance No. 1328 and is not repealed by the provisions of this section 4.82.010, the regulations of such ordinance (including regulations that may have been incorporated by reference to the general provisions of a zoning ordinance then in effect) continue to apply to the land designated therein. However, any change in activities conducted on, or any new construction (including grading) on land in such PD or RPD zone is subject to the regulations of this Chapter 4.82. -47- SECTION 106. Section 4.82.015 of the Zoning Ordinance of the Town of Los Gatos is repealed. SECTION 107. Section 5.10.100 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.10.100 ANIMAL PERMITS See Chapter 3.29. SECTION 108. Section 5.10.200 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.10.200 HOME OCCUPATION PERMITS See secs. 3.60.040 through 3.60.070. SECTION 109. Section 5.10.300 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.10.300 SIGN PERMITS, See sec. 3.30.040. SECTION 110. Section 5.10.400 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.10.400: PERMITS FOR SEASONAL SALE OF CHR ISTMAS TREES OR PUMPKINS, See sec. 4.40.060. SEC`1'ION 111. Section 5.10.500 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.10.500 TREE REMOVAL PERMITS See Chapter 3.20. i SECTION 112. Section 5.20.020 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.20.020 ARCHITECTURE AND S ITE APPROVAL, PURPOSE AND INTENT Achievement of the following goals is important in order to maintain the economic welfare aryl stability of the Town and to preserve the health, safety and welfare of its citizens: (1) Quality design and proper siting of residential and commercial structures, complementing the Town environment, and (2) The preservation of open spaces in the form of recreational areas, malls, plazas and pedestrian areas. In the main, the Town contains small businesses, professional offices and residences. Municipal revenues derive principally from property tax and taxes derived from retail trade. Local employment depends to an unusual extent on the success of small business ventures, which in turn depend on trade in specialty items sold to visitors. Much of the business and residential area of the Town is composed of a mixture of old and new buildings, and the condition and style of each reflects on the other. For example, a new building loses value and its occupant's trade is diminished if an old building nearby is permitted to decay, and old buildings are permitted to decay when the designs of new buildings .• nearby do not compliment them. The juxtaposition of old and new buildings in the Town is extensive. Many of the residential areas in the Town are unusual in that they are located on steep hills where there are geologic hazards, fire hazards and narrow streets, all of which necessitate special control over construction activity. The purpose of Architecture and Site Approval is to regulate the height, width, shape, proportion, siting, exterior construction and design of buildings to insure that they are architecturally compatible with their surroundings, and to avoid (in the commercial context) the construction of single- purpose or single- proprietor "trademark" buildings which, when vadated by the original occupant tend to remain empty, causing blight, and to promote a unified but diverse and distinctive theme which harmonizes with adjacent commercial and residential development. SECTION 113. Section 5.20.200 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.20.200 CONDITIONAL USE PERMITS The adoption of the Zoning Ordinance is based on the premise that there are uses which can be specified for each zone which, in practically all instances, will be mutually compatible. In addition, there are other uses which might be compatible with ordinarily allowed uses if properly located and regulated. These are called conditional uses. They are listed in section 5.20.205. However, the listing of a conditional use does not indicate that the use must be allowed. -50- There will be locations or instances where a specified conditional use is inappropriate in a zone regardless of the extent of regulation. -51- SECTION 114. Section 5.20.205 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.20.205 TABLE OF CONDITIONAL USES An "x" indicates that an activity is allowed in a zone if a conditional use permit is issued. Activities listed in this table are only allowed where a conditional use permit is issued, or where the activity is specifically listed in the permitted uses for the zone. CONDITIONAL USE PERMITS RC HRIR -1 R -1M RD R -M O C -1 C -2 CC CH LM CM 1. High Traffic Generators a. Banks x x x x I x x x x b. Savings and Loan,Office i x I x x x C. Drive -up window for any business I I x x i x x d. Supermarket x x I x x e. f. Super drugstore Department store I I x x x x I i x I x ix x g. Shopping center x jx x h. Motel i I I x j x x l I. Hotel I j I I x i x I x x j. Restaurant including those with outdoor dining areas or take -out food x x k. Establishment selling alcoholic beverages for consumption on premises l (1) In conjunction with a restaurant I I ! x x x x x (2) Without food service (bar) 1. Commercial recreation and amusement establishment I j x x I x x m. Theater I j j x j n. Outdoor entertainment ! x ; 2. Community Services a. b. Public building; police, fire, community center, library, art gallery, museum Hospital x x x I x x x Ix x I x i x x x !x 'XI x X1 x 1 x x x I x j x C. d. Public transportation facility Park, plaza, playground x I x x x I x xIx x I x I x x Ixj x I x I x x x I x x I e. Golf course i x x x I x I x x xI x I x I x x f. Private sports recreation club xIx x x I x g. Convalescent hospital I x IxI x I x x x x J. X _ ! x l x j x x x h. School or college not otherwise specified xIx x j x I x I. Nursery school, provided that each shall i ! be on a site not less than 20,000 square feet in area and in a building not less than 2,000 square feet in floor area xlx x I x x x x x, x x x x x I x x Ix j. Vocational or trade school I 1 i Ix I x I x I x x ix k. Business or professional school or college ! jx x x x x j 1. m. Art, craft, music,dancing school Club, lodge, hall, fraternal organization I I ! I x x x x x x 1x n. Church, monastery, convent, and other institutions for religious observance i i Ix x x x x x x x x x x I o. Horse stable Xi x x x j x x p. Public utility service yard, station, j I T transmission lines, storage tank, drainage or communication facilities i I X1 x x I x x x x x l x x !x 1 x j x x 'L x x x q. Small family day care home ! I j r. s. t. Large family day care home Residential care facility- small family home Residential care facility- large family home x x l x x I x ! xIx ' x x x x` x x x x x l ! I xI x ' x x x ! x !x x x x x u. Residential care facility- group home I x x I x x x x x' x x Ix lx -57- CONDITIONAL USE PERMITS RC HR R -1 R -1M RD R -M 0 C -1 C -2 CC CH LMICM 3• Vehicle Sales, Service and Related Activities a. New vehicle sales and rental b. Used vehicle sales only incidental to new vehicle sales and .rental c. - Vehicle tires and accessories, sales, servicing, recapping d. Vehicle body repair and painting e. Vehicle repair and service (garage) f. Service station g. Parking lots or storage garages, not accessory to another use h. Car wash I. Truck terminal x x x x Ix x I x x iiI I x x x Ix I x I x i x I Ix j x Ix 4. Residential Uses a. One family dwelling b. Two family dwelling c. Multiple family dwelling d. Boarding house e. Apartment hotel f. Accessory living quarter (guest house without kitchen) g. Mobile home park h. Additional dwelling per section 4.24.035 i. Residential condominium j. Caretaker residence �x x x x x x l i I x j x x Ix x j I x x xIx x x 1� x x I x x ix x I x I j x x 1x x xi x x I x x. j I x x xi x x x x x 5. Other a. Botanical nursery b. Mortuary, columbarium, mausoleum C. Equipment rental yard d. Construction materials yard e. Veterinary hospital (without kennel) f. Outdoor storage g. Dairying h. Kennel i. Bulk fuel storage and sales x x x x x x x x x x x x i x j x x x Ix j Ix x I x x x x x x x x x x x x j x -53 SECTION 115. 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 reviewing 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 reviewing body, may include time limitations, architecture and site approval, street dedication, street and drainage improvements, and additional parking. SECTION 116. Section 5.40.030 of the Zoning Ordinance of the Town of Los Gatos is amended to read: SEC. 5.40.030 FEES When an application or notice of appeal is required to be filed, there is a filing fee which is set by Council resolution and which shall be paid at the time of filing. If no Council resolution sets a fee, there is no fee. SECTION 117. 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: -54- (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Architecture and Site Committee, Planning Director and Planning Department work, except 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 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 Committee for decision. (9) Determines applications for sign approval when action is not required of the Council, Commission or Committee. (10) Jointly with the Superintendent of Parks and Forestry determines applications for tree permits to the extent provided by section 3.20.06.0. (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. -55- (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. SECTION 118. Section 5.60.020 is added to the Zoning Ordinance of the Town of Los Gatos to reads SEC. 5.60.020 TOWN CLERK The Town Clerk sets hearings and gives notices for appeals to be heard by the Town Council. SECTION 119. Section 5.60.030 is added to the Zoning Ordinance of the Town of Los Gatos to read: -56- SEC. 5.60.030 DIRECTOR OF PUBLIC WORKS /TOWN ENGINEER The Director of Public Works /Town Engineer: (1) Prescribes standards for driveway construction. (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. SECTION 120. Section 5.60.040 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.60.040 SUPERINTENDENT OF PARKS AND FORESTRY The Superintendent of Parks andForestry: (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. SECTION 121. Section 5.60.050 is added to the Zoning Ordinance of the Town of Los Gatos to read: SEC. 5.60.0 BUILDING OFFICIAL DEPARTMENT The Building Official /Department: (1) Determines estimated cost to replace nonconforming buildings. (2) Determines the value of destroyed nonconforming buildings. -57- (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. SECTION 122. Section 5.60.060 is added to the zoning Ordinance of the Town of Los Gatos to read: SEC. 5.60.060 FIRE MARSHAL The Fire Marshal may authorize changes in driveway standards for height clearance and radius of curves. SECTION 123. Section 5.60.100 of the ZtML A J ('cdip4nce of the Tows of Los Gato o i s , amendgd tQ read; SEC. 5.60.100: ARCHITECTURE AND SITE COMMITTEE The Committee: (1) Determines variance applications. (2) Determines conditional use permit applications. (3) Determines demolition permit applications. (4) May refer any matter to the Planning Commission for determination® (5) Determines time extension when it would have had the power to grant the original approval. (6) Reserved. (7) Determines applications for neighborhood identification signs, roof signs, and signs on free- standing walls. (8) Reviews and makes recommendations to the Council concerning community - oriented bulletin board and kiosks proposed to be erected on public property. (9) Determines applications for Architecture and Site Approval. (10) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Committee 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. (11) Determines whether to permit demolition or alteration of structures, sites and areas under the provisions of section 4.86.190. (12) Determines matters referred to it by the Planning Director. (13) 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. (14) Determines requirements for access to remote areas in the RC and HR zones. (15) Determines applications for tree permits to the extent provided by section 3.20.060. (16) Hears appeals from decisions of the Planning Director. (17) Determines revocations and modifications of zoning MSs� approvals as provided in section 5.30.120. (18) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple family developments in the R -M zone. SECTION 124. 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 July 18th, 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 August lst, 1977 AYES: COUNCIL. MEMBERS Ruth Cann Mark B. D i Duca, Mardi NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: R OF THE: TOWN OF LOS GATOS ATTEST: CLERK OF T E TOW OF LOS GATOS .•