Ord 1265 - REPEALING ARTICLE 22 OF THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS AND ADDING NEW ARTICLE 22 CONCERNING THE REGULATION OF SIGNS AND MAKING RELATED ORDINANCE CHANGES.ORDINANCE NO. 1;:265
ORDINANCE REPEALING ARTICLE 22 OF THE
ZONING ORDINANCE OF THE TOWN OF LOS
GATOS AND ADDING NEW ARTICLE 22
CONCERNING THE REGULATION OF SIGNS AND
MAKING RELATED ORDINANCE CHANGES.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION 1.
Article 22 of the Zoning Ordinance of the Town of Los Gatos
is repealed and a new Article 22 is added to read:
ARTICLE 22 SIGN CONTROL
SEC. 22.01.000 APPLICATION
The regulations in this article apply to all signs in all zones.
Regulations of the number and area of signs refer to the signs allowed
on a zoning plot, except where the regulations prescribe the number
and area of signs allowed on a business frontage.
SEC. 22.01.010 INTENT
The intent of this article is as follows:
The Town of Los Gatos is a predominantly residential
community of natural beauty, distinctive architecture and
historic character. The economic stability of the Town is
dependent upon its high quality and Town- oriented, commercial
and residential environment. Unregulated and uncontrolled
erection and maintenance of advertising structures tends to
create a garish and gaudy atmosphere which is not in harmony
with the character and environment of the business or
residential community.
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The purpose of a sign is to inform the general public
that a business enterprise and function exists in the Town.
This ordinance recognizes the right of the public to be
directed, warned, advised, and informed; and also recognizes
the economic need for a sign to function as a means of
identification, expression of business character, and positive
notification of product and service availability for consumption.
This ordinance regulates the location, height, width, shape,
proportion, design, illumination and construction (except as
provided by building codes) of signs for the purpose of insuring
that they are architecturally compatible with the planned image
of the Town.
The purpose of this ordinance is to assist in the continuation
of existing and introduction of new commercial activities in
architectural harmony with the existing and planned Town, to
take advantage of the unusual character of the Town and to
encourage proper maintenance and rehabilitation of real property.
To accomplish this:
1. Local public values must be balanced with general public
rights and economic functions related to signs.
2. The size of a sign must be prevented from overpowering
its surroundings or becoming a determinant factor in
consumer evaluation of competitive enterprises.
3. The shape of a sign must not conflict with the
architectural lines of its setting.
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4. A sign must be prevented from overpowering its
surroundings through hue, saturation, and brilliance
or close combination of incompatible colors.
5. Normal maintenance and speedy repair is required for
all signs.
SEC. 22.01.020 ADMINISTRATION
This Article is administered in the following manner:
1. The Town Council approves or denies applications for
permits for signs on public property, including but not
limited to community- oriented bulletin boards and kiosks
and hears certain appeals.
2. The Planning Commission approves or denies applications
that have been referred to it by the Architecture and
Site Committee and sign programs for planned developments
in conjunction with precise plans reviewed under the
provisions of sections 20.11 and 20.12.
3. The Architecture and Site Committee approves or denies
applications for permits for freestanding signs, ground
signs, neighborhood identification signs, roof signs,
signs on freestanding walls, off - premises subdivision
signs, and attraction boards; reviews and makes`
recommendations to the Town Council concerning community -
oriented bulletin boards and kiosks proposed to be
erected on public property; determines what constitutes
compliance with standards as provided in section 22.07.000;
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reviews and makes recommendations to the Planning
Commission concerning sign programs for planned
developments in conjunction with precise plans
pursuant to sections 20.11 and 20.12; and hears
appeals from decisions of the Planning Director.
The Architecture and Site Committee may refer any
application to the Planning Commission for decision.
4. The Planning Director provides application forms for
sign permits, specifies what information the applicant
must submit, and examines all applications for sign
approval, making an inspection of the premises where
the sign is proposed to be erected; approves or
denies all applications for sign approval when action
is not required by the Town Council, Planning Commission
or Architecture and Site Committee; issues all sign
permits; and keeps records of nonconforming signs
and mails notices to owners of such signs. The
Planning Director may refer any application to the
Architecture and Site Committee for decision.
SEC. 22.01.030 PERMITS
Sign permits must be obtained before erection of all
signs, except as provided by section 22.03.000 through
22.03.065. A building permit may be required by another
ordinance. Sign permits expire one year after the date of
approval unless the sign is erected within that time.
SEC. 22.01.040: FEES
There is no filing fee for applications for permits
sought to be issued on the basis of approvals which can be
made by the Planning Director even when the Director elects
to refer the application to the Architecture and Site
Committee. The Town Council may prescribe by resolution
filing fees for applications for permits that only the
Architecture and Site Committee can approve.
SEC. 22.01.050 VARIANCES
The provisions of Article 29 concerning variances are
not available to modify the terms of this Article 22.
SEC. 22.02.000 DEFINITIO
In this Article, the following words and phrases used are
defined in sections 22.02.010 through 22.02.185.
SEC. 22.02.010 ABANDONED SIGN
Abandoned sign means a sign located on a parcel of land
or on a structure either of which is vacant for a period of
90 days, a sign pertaining to a past occupant or business
different from the present occupant of or business on the
premises, a sign pertaining to a past event or any sign
abandoned as the term is used in the law of California.
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SEC. 22.02.015 ARCADE
Arcade means a covered passageway with business
establishments along at least one side.
SEC. 22.02.020 ATTACHED SIGN
Attached sign means a sign which is affixed to and made
an integral part of a building or structure. Attached signs
include, but are not limited to wall signs, roof signs, and
projecting signs, to distinguish them from free - standing and
ground signs.
SEC. 22.02.025 ATTRACTION BOARD
Attraction board is a sign constructed so that letters or
other advertising material can be changed, and which relates to
businesses or organizations which depend, on a large part, upon
trade and attendance generated by temporary, independent and
frequently changing events or showing, such as those engaged in
providing live or filmed entertainment or sporting events.
SEC. 22.02.030
AWNING
For the purposes of this article, awning is synonymous
with marquee.
SEC. 22.02.035: BILLBOARD
A billboard is a sign, other than a directional sign,
which directs attention to a business, commodity, service or
entertainment conducted, sold or offered at a place other than
where the sign is erected. Included are signs erected upon
benches.
SEC. 22.02.040 BULLETIN BOARD
Bulletin board is a sign located on the same premises as
and used solely in connection with activities of a church,
school, hospital, or public building, and allowing changeable
messages.
SEC. 22.02.045 BUSINESS FRONTAGE
Business frontage is that portion of a building which faces
a street, parking lot, pedestrian mall, arcade or walkway. The
primary business frontage is one which contains a customer
entrance or which includes a glass - enclosed showroom facing the
street. If a building has more than one business frontage with
a customer entrance, the property owner must designate one of
them as the primary business frontage. Unless otherwise stated,
the phrase "business frontage" means "primary business frontage ".
All other business frontage is secondary frontage. As used in
this section, "parking lot" means either a publicly -owned and
operated parking lot or a parking lot located on the same
zoning plot as the business frontage.
SEC. 22.02.050 CANOPY
For the purposes of this article, canopy is synonymous
with marquee.
SEC. 22.02.0.55- compnRMANCF
Conformance means the state of being in conformity with
the provisions of this article, either because of reconstruction
or modification pursuant to a sign permit, or because of removal
or obliteration.
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SEC. 22.02.060 CONSTRUCTION SIGN
A construction sign is a sign located on a construction site
during the course of construction, which identifies the architects,
engineers, contractors, financiers or other persons and other
individuals or firms involved with the construction, or announcing
the building, enterprise or function for which the construction
is intended.
SEC. 22.02.065 CONVENIENCE SIGN
A convenience sign is a sign which facilitates traffic flow
and safety, not erected by a governmental agency, such as
entrance -exit, caution, parking, right or left turns only, stop,
drive -up window, or towaway zone.
SEC. 22.02.070 DIRECTIONAL SIGN
A 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.
SEC. 22.02.075: ENTITY
Entity means any person as defined by section 3.70 and any
distinct business enterprise even where adjacent business
enterprises are owned or operated by a single person.
SEC. 22.02.0 ERECT
Erect means to construct, place, relocate, enlarge, alter,
attach, suspend, paint, post, display, hang,or affix.
SEC. 22.02.085 FACE OF A SIGN
Face of a sign is the portion or portions of the exterior
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surface of a. sign intended to or particularly adapted either to
display an advertising message or to attract attention to the
sign. The face of a sign is often the front, but may be any
surface including a rear or blank portion. A sign may have
more than one face and may be virtually all face. The fact that
no message is imprinted on a portion of a sign does not necessarily
prevent that portion from being a face, as in the case of a flat
sign erected near and perpendicular to a street. Such sign would
have two faces even if one were blank. In determining what
constitutes a sign face weight will be given to whether the
particular aspect in question is readily viewable from public
property or any premises other than those where the sign is
erected, but a sign face may exist even where the face is visible
only from some part of the premises where the sign is erected
if the face is viewable from out of doors and the other elements
of the definition of face are present. Usually, all of one face
is visible from one point. Where, for example, several "boards"
of a sign are erected on a single plane or parallel planes, they
together comprise one face, and are measured within a single
perimeter, including the spaces between them.
SEC. 22.02.090 FREE - STANDING SIGN
A free- standing sign is a sign which is wholly or partly
supported by a structural element which is not an integral part
of a building.
SEC. 22.02.095: GROUND SIGN
A ground sign is a free - standing sign less than 7 feet
high.
SEC. 22.02.100 HEIGHT
The height of a free- standing sign is the elevation above
finished grade of the highest point of either the sign or the
stand, poles, wall or other structure upon which it is mounted.
Finished grade is the general finished ground surface where the
sign is erected, not taking into account mounding or other
alterations to the surface made in regard to the sign. However,
where finished grade is below the elevation of the top of the
curb on the frontage where the sign is erected, or if there is
no curb below the elevation of the margin of the street surface,
height is the elevation above -the top of the curb, or at the
margin of the street surface if there is no curb. The point on
the curb or the margin of the street surface to be used as a
base point for measurement is the point intersected by a line
drawn perpendicular to the centerline of the street which
intersects the center of the base of the sign.
SEC. 22.02.105 LOT FRONTAGE
Lot frontage means the property line of a lot abutting on
a public street which affords access to the lot. In the case
of a corner lot and other lots which are bordered on more than
one side by a street lot frontage is the lot line in respect to
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which the business for which the sign is provided has its
primary business frontage.
SEC.„ 22.02.110: MARQUEE
Marquee means a temporary or permanent structure attached
to or supported by a building, designed for shelter over a
pedestrian or vehicular way and which may or may not project
over public property.
SEC. 22.02.115 NEIGHBORHOOD IDENTIFICATION SIGN
Neighborhood identification sign is a ground sign situated
where a street enters a residential neighborhood, which serves
only to identify the neighborhood.
SEC. 22.02.120 NONCONFORMING SIGN
A nonconforming sign is one which was lawfully erected but
which does not comply with the Zoning 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 the Zoning 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 is made by
or joined in by the owner of the real property where
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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.
SEC. 22.02.12.5 OFF - PREMISES SIGN
An off- premises sign is any sign not located on the same
zoning plot as the entity it advertises.
SEC. 22.02.130
POLITICAL SIGN
Political sign is any sign which is intended to influence
the vote for the passage or defeat of a measure, or nomination,
election or defeat of a candidate in any governmental election.
SEC. 22.02.135: PORTABLE SIGN
A portable sign is a sign which is movable, not structurally
attached to the ground, nor to a building, structure, or sign.
"A" -frame and sandwich signs are portable signs.
SEC. 22.02.140 PROJECTING SIGN
A projecting sign is any sign erected on the wall of a
building or structure, or suspended from an overhang, with
display surfaces generally not parallel to the wall.
SEC. 22.02.145: ROOF SIGN
A roof sign is an attached sign erected on a roof or
projecting above the eave or rake of a building or coping of a
parapet. A sign erected on top of a canopy, arcade, awning or
marquee is a roof sign.
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SEC. 22.02.150 SIGN
A sign is any thing, or element of a thing, located out
of doors or in a place where it is visible from out of doors,
created, adapted, or installed, by a person for the primary
and apparent purpose of conveying a visible advertising message,
and may include supports, standards and fixtures. A color scheme
or special lighting effect on the exterior of a building is a
sign where the placement of the colors or lighting effect in
relation to the building create a primary effect of advertising.
Exceptions:
1. Merchandise on display is generally not a sign because
merchandise is ordinarily possessed for the primary
purpose of permitting sales from stock on hand. A
merchandise display located at a. distance from the
point of sale or displayed in an unusual manner might
constitute a sign.
2. A structural element of a building or the supports,
standard, or fixtures of a sign would not be a sign
where the element is related to reasonable structural
necessity, and the circumstances show that the element
is not intended to be identified by viewers with the
sale or promotion of goods or services.
3. Nighttime, white illumination, within reasonable
brightness limitations, of a building or of merchandise
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is not of itself a sign, where the result is only to
make visible without undue emphasis that which can be
seen in the daytime.
SEC. 22.02.155 SIGN AREA
Sign area is the total area of the face or faces of a
sign. Each face is measured by determining the smallest area
within a single perimeter composed of not more than eight straight
lines drawn by the applicant enclosing the extreme limits of the
face. Where a sign consists of letters or symbols on a wall, the
wall is not designed so that one of its main purposes is to
support a sign, and the sign's background is an indistinguishable
part of a wall, for the purposes of measurement a six -inch margin
around all of the words and symbols will be included in the
perimeter composed of not more than eight straight lines.
SEC. 22.02.160 SIGN PERMIT
Sign permit is the permit issued by the Planning Director
to evidence approval by any of the bodies or person, authorized
by this Article, to erect a sign.
SEC. 22.02.165: T EMPORARY SIGN
A temporary sign is a sign, usually constructed of cloth
or fabric, cardboard, wallboard, wood or other light materials,
intended to be displayed for a short period of time as set forth
in the sections referred to in section 22.05.000.
SEC. 22.02.170 TIME AND TEMPERATURE SIGN
A time and temperature sign is a sign which shows time
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and /or temperature and which contains no advertising.
SEC. 22.02.175 WALL
A wall is a surface which has a slope steeper than one
foot horizontal to two vertical.
SEC. 22.02.180 WALL SIGN
A wall sign is a sign erected on a wall or fascia of a
building or structure (other than a structure, one of whose
main purposes is to support a sign), the face of which is
generally parallel to the wall or fascia and all of which is
below the coping of the parapet, below the rake, the top of
the fascia, the eave line, or in any event, below the top of
the structure. A sign which meets the definition of this
section but is erected between posts, pillars, or columns
which support a roof or second story, rather than on a wall,
is also a wall sign.
A sign which is erected on and incidental to a free- stand-
ing wall or fence, including any gateway portion of a wall or
fence, is also a wall sign.
SEC. 22.02.185 WINDOW SIGN
A window sign is a sign which is displayed in or through
a window, is less than 24" inside glass, and is visible from
a street, walkway, parking lot, or pedestrian plaza, any of
which is accessible to the public.
qFr_ 99 ni nnn- RWPR'.PMTnT\T.q
A sign permit is not required for the signs described in
sections 22.03.010 through 22.03.065. The number and area of
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these signs are regulated only by these sections and they are
allowed in addition to signs of other classes.
SEC. 22.03.010: HOUSE NUMBERS, TRAFFIC, ETC
House numbers, street names, signs warning against danger,
railroad crossing signs, authorized traffic or parking signs
and rural delivery boxes.
SEC. 22.03.015 NAME PLATES AND BUILDING DIRECTORIES
1. Name plates having an area not over one and one -half
square feet, affixed flat against the wall of a
building, which only show the name or address of a
person or persons or entity occupying the area, up
to a limit of 6 plates per building.
2. Building directories for buildings with more than six
tenants having an area not over nine square feet,
affixed flat against the wall of a building, which
only show the name or address of the persons or
entities occupying the building.
SEC. 22.03.020 PLAQUES
Solid metal plaques or cut inscriptions, either erected by
recognized historical agencies, or which show names of buildings
and dates of erection, provided the sign does not exceed four
square feet in area.
SEC. 22.03.025 REAL ESTATE SIGNS
1. One non - illuminated sign on each street frontage for
any lot or building which serves solely to advertise
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the sale, lease or rental of or an offer to build
to suit on the premises where the sign is located,
provided the sign does not exceed twelve square feet
in area if the sign is in commercial, professional or
industrial zone, or six square feet in area if the
sign is in a residential zone. This exemption is only
available when all or part of the premises is actually
available for the transaction advertised.
2. Non - illuminated, off -site, portable signs directing
customers to the location of an open house which is
for sale are permitted, limited to two signs per
dwelling not exceeding an area of six square feet per
face. The signs shall be located on private property
limited to one per parcel at any given time, and the
owner`s written permission shall be secured in advance
of placing the sign. The sign shall be removed each
day after the closing of the open house.
SEC. 22.03.030 INTERIOR SIGNS
Signs in the interior of a building, enclosed lobby or
court, not visible from the outside and signs not visible from
off the premises.
SEC. 22.03.035: CONVENIENCE SIGNS
Convenience signs not exceeding two square feet in area
and containing no advertising material.
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SEC. 22.03.040 NO TRESPASSING SIGNS
"No trespassing" or "no dumping" signs not exceeding
three square feet in area.
SEC. 22.03.045: WINDOW SIGNS
Window signs not exceeding 25 per cent of the window area.
SEC. 22.03.050 PARKING SIGNS
Not more than one parking control sign for each parking
entrance, not exceeding an area of `two square feet. Parking
control signs may contain the name(s) of the business(es)
controlling the parking lot.
SEC. 22.03.055: PUBLIC NOTICES AND WARNINGS
Notices posted by a public officer in the performance of
a public duty, or by any person for the purpose of giving legal
notice, and warning or informational signs required or authorized
by governmental regulations.
SEC. 22.0 3.060: OTHER PUBLIC AGENCY SIGNS
Street signs, traffic signs, emergency warnings, and the
like erected by a public agency.
SEC. 22.03.065 POLITICAL SIGNS
Any number of non -- illuminated political signs, either free-
standing or attached, is permitted, limited to a total sign
area not exceeding six square feet in residential zones and not
exceeding eighteen square feet in other zones. There is no area
limit for political window signs, and their area is in addition
to that allowed for other political signs. No political sign
shall be erected an unreasonable period of time in advance of
the election or convention, and all persons who erect political
signs or who own or control the premises where political signs
are erected, are jointly and severally liable to remove such
signs within 10 days after the election or convention to which
the sign pertains.
SEC. 22.04.000 PROHIBITED SIGNS
Except as otherwise provided in this Article, the signs described
in sections 22.04.010 through 22.04.085 are prohibited..
SEC. 22.04.010
FLAGS, ETC.
Flags, banners, and objects designed to move with the wind,
except the American flag, the flag of any nation or governmental
entity, or house flags when flown in conjunction with the
American flag, either on the same staff or a separate staff,
and when the house flag is smaller than or equal in size to the
American flag.
SEC. 22.04.015: LIGHTED SIGNS
Lighted signs that flash on and off, fluctuate or appear
to move.
SEC. 22.04.020
MOVING SIGNS
Signs that rotate or move in any fashion, except barber
poles.
SEC. 22.04.025 EXCESSIVELY BRIGHT SIGNS
Lighted signs whose brightness is detrimental to the reasonable
enjoyment of surrounding property or are a traffic hazard.
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SEC. 22.04.030 OBSTRUCTING SIGNS
Signs which prevent free use of a door, window or fire
escape, or obstruct the view from any living area in the
building to which the sign is attached.
SEC. 22.04.035 OBSTRUCTING SIGNS
Signs attached to a standpipe or fire escape.
SEC. 22.04.040 OBSTRUCTING SIGNS
Signs located so as to obstruct the view of a traffic
sign, signal, or device.
SEC. 22.04.045 CONFUSING SIGNS
Signs which might be mistaken for or confuse the viewers
of a traffic light or signal.
SEC. 22.04.050 POSTERS
Placards, posters, announcement and similar signs erected
on any fence, pole, tree, pavement, wall, bus stop, bench, or
any other object in a public thoroughfare, except those of an
official nature as provided in section 22.03.055.
SEC. 22.04.055 PORTABLE SIGNS
Portable signs placed on any portion of a street, sidewalk
or right -of -way, and signs erected on parked vehicles or
trailers regardless of location.
SEC. 22.04.060: FREEWAY SIGNS
Signs erected for the dominant purpose of being seen by
travelers on a freeway.
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SEC. 22.04.065
OFF- PREMISES SIGNS
Off- premises signs, except those authorized by sections
22.03.025 subdivision 2, 22.03.065, 22.05.025 and 22.08.010.
SEC. 22.04.070•
INDECENT SIGNS
Signs containing any obscene, indecent or immoral matter.
SEC. 22.04.075 PROJECTED LIGHT SIGNS
Signs which are flashed or projected onto walls or other
structures by means of a projector or other device.
SEC. 22.04.080: BILLBOARDS
Billboards.
SEC. 22.04.085 Any sign not specifically authorized in sections
22.03.000 through 22.03.065, and sections 22.05.010 through
22.05.030, sections 22.08.010 through 22.08.020, and sections
22.09.010 through 22.09.030.
SEC. 22.05.000
TEMPORARY SIGNS
Every sign described in sections 22.05.01.0 through 22.05.030,
regardless of the manner of its construction, is a temporary sign.
The number and area of such signs are regulated only by these sections
22.05.010 - 22.05.030 and are in addition to the allowed number and
area for other classes of signs.
SEC. 22.05.010 GRAND OPENING AND SPECIAL EVENT SIGNS
Temporary signs used in conjunction with a grand opening
or special event are permitted as long as the grand opening
or special event does not exceed 45 calendar days and there is
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an interval of at least 60 days between events. The total
area of temporary signs may be equal to or less than the
total sign area permitted for the business by secs. 22.09.010,
22.09.020 and 22.09.030. The permit shall state the maximum
sign area allowed and the date the sign is to be removed as
set by the erector or the ordinance, whichever is more
restrictive.
SEC. 22.05.015 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 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. The Architecture
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and Site Committee may authorize an off - premises subdivision
sign advertising subdivisions which are not located on a
major arterial street as defined by the Town General Plan.
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 percent of the
dwelling units in the development. Off - premises subdivision
signs are an exception to the rules prohibiting billboards and
off - premises signs.
SEC. 22.05.020 LEASE AND RENTAL SIGNS
One single -faced sign, advertising the rental or lease of
a commercial, office or industrial development to be built in
the future. The sign shall not have an area exceeding 20 square
feet, shall not be more than 15 feet high, and shall be erected
parallel to a street, at least 15 feet from a street right -of-
way line. The sign shall not be erected until an Architecture
and Site Committee approval is granted for the erection of the
building or buildings and the sign shall be removed when 70
percent of the floor area of the project is occupied.
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SEC. 22.05.025 SIGNS ON PUBLIC PROPERTY
The Town Council may, upon written application, without
fee, issue special permits, under such conditions as it may
reasonably impose, for the display on public property including
rights-of-way, of temporary signs or banners of a civic,
political, charitable, educational or religious nature, or in
connection with a festival or patriotic celebration. The
conditions may include a requirement for insurance coverage and
any other provision needed to protect the Town from any
consequences of the applicant's acts. This part does not limit
the power of the Town Council to issue encroachment permits not
concerning signs, nor empower the Town Council to approve
issuance of any other sign permits except when acting as an
appeal body.
SEC. 22.05.030 CONSTRUCTION SIGNS
One construction (non - illuminated) sign on a zoning plot
of not more than 32 square feet in total area. No construction
sign shall be erected prior to the issuance of a building
permit, and each shall be removed as soon as a use and occupancy
permit is granted.
SEC. 22.06.000 STANDARDS
The following standards prescribed in sections 22.06.010 through
22.06.060 apply to all sign approvals.
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SEC. 22.06.010: COPY
Signs are limited to naming the entity and the kind of
activity conducted on the premises and products and services
offered there. Signs may refer to matters not on the premises
only when this article expressly provides.
SEC. 22.06.015 TRADE NAMES OR LOGOS
Signs may show trade names or logos that are not the name
of the entity on the premises, but only when such trade name
or logo is that of a product or service which is a major part
of the sales or services conducted on the premises.
SEC. 22.06.020: COMPATIBILITY WITH SURROUNDINGS
The design, color and location of each sign shall be
compatible with the architecture of the buildings on the premises,
in harmony with the structures and other improvements on the
property.
SEC. 22.06.025 SHOPPING CENTERS
In a shopping center or multi- tenant building, each sign
shall be related to the other signs in the same center or
building by incorporating at least three of the following six
identical elements: (a) material, (b) letter style, (c) color,
(d) illumination, (e) method used for structural support of
attachment, (f) shape of the entire sign and its components.
SEC. 22.06.030 BACKS AND SUPPORTS
The backs and supports of all signs shall be subdued.
-25-
SEC. 22.06.035 ILLUMINATION
No portion of the surface of any illuminated sign nor any
visible lamp illuminating a sign shall have a brightness
exceeding 150 footlamberts.
SEC. 22.06.040 ILLUMINATION NEAR RESIDENTIAL DISTRICTS
Illuminated signs with a brightness more than 30 footlamberts
shall not be erected nearer than 50 feet from any point in a
residential district unless the face of the sign is not visible
from the residential district.
SEC. 22.06.045 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 sett 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.
No roof sign shall be approved except by the Architecture and
Site Committee, and unless the Committee finds that a wall sign
is not feasible because the wall of the building is set back
beneath and obscured by a porch or roof overhang which is an
extension of and integral with the sloping roof of the building,
.!FX:fl
and that the sign cannot be suspended between posts or columns
supporting the roof without obstructing safe passage for
pedestrians.
SEC. 22.06.050 PROJECTING SIGNS
Projecting signs shall not project more than 36 inches
from the wall of a building nor more than 12 inches into any
public right -of -way. The projection is measured on a line
perpendicular to the wall. All projecting signs which project
over a walkway or public right -of -way shall have a clearance
of nine feet above grade.
SEC. 22.06.055 SIGNS SUSPENDED FROM A MARQUEE_
All signs suspended from a single marquee shall be uniform
in size, shape, placement and background color. Such signs
may be no more than eight inches in vertical dimension and
have a clearance of at least eight feet above grade.
SEC. 22.06.060 SIGNS FOR THEATERS
The traditional methods of theater advertising require a
unique type of sign program so the size, location, and number
of signs, including attraction boards for a theater, are subject
only to the limitations and provisions in the conditional use
permit for the theater. Whenever a theater is operated lawfully
but has no conditional use permit the signs of that theater which
have been erected on or before the effective date of this
ordinance are nonconforming signs and a conditional use permit
-27-
authorizing the signs must be obtained or the signs must be
abated in the manner provided in sections 22.10.010 through
22.10.065.
SE C. 22.07.000 SPECIFIC STANDARDS AS MAXIMUM OR MINIMUM
All specific regulations for signs in this chapter are the
least stringent allowed. For example, number, area, height and
brightness are maximums and setback and interval between signs are
minimums. On review of a. specific application, the Architecture and
Site Committee may reduce the number, area, height, and brightness
or other limits below the maximum specified, and increase the setback,
interval and similar specifications, to comply with the standards
expressed in this Article 22.
SEC. 22.08.000 SIGNS WHICH MAY BE ERECTED IN ALL ZONING DISTRICTS
A sign permit is required for the signs described in sections
22.08.010 through 22.08.020, the number and area of such signs are
regulated only by these sections and they are allowed in addition
to signs of other classes.
SEC. 22.08.010 DIRECTIONAL SIGNS.
Non - illuminated 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.
SEC. 22.08.015 BULLETIN BOARDS
Bulletin boards not exceeding 18 square feet in area, nor
height of six feet, when located on the premises of, and used
solely in connection with activities of a church, school or
a
public building.
SEC. 22.08.020 COMMUNITY BULLETIN BOARDS AND KIOSKS
Community- oriented bulletin boards and kiosks, including
service club directory may be located on public property after
review by the Architecture and Site Committee and approval of
the Town Council.
SEC 22.09.000: DISTRICT REGULATIONS
Sections 22.09.010 through 22.09.030 specify the signs which may
be erected in each zoning district, other than signs which by the
express provisions of this Article may be erected in all zoning
districts. Except where sections 22.09.010 through 22.09.030 specify,
nonconforming uses shall have only those signs allowed for the zoning
district and not signs which might otherwise be allowed for similar
uses in other districts.
SEC. 22.09.010 RESIDENTIAL ZONES
In the R -1, R -D, RM, RMH, HR, RC, and R -1M Zones the
following signs may be erected:
Number of Signs Total Area
One per lot
frontage 18 sq. ft.
One per lot
frontage 24 sq. ft.
One per lot
frontage 24 sq. ft.
One per
zoning plot 24 sq. ft.
Class
Land Use
of Sign
1. Multiple Family
Developments:
a. Less than 10
Wall
units
signs
b. 10 units or
Wall
more
signs
2. Authorized Non-
Wall
Residential Uses
signs
(including re-
creational
Ground
activities, schools,
signs
churches, public
utilities, lawful
nonconforming
uses, etc.) :
-29-
Number of Signs Total Area
One per lot
frontage 18 sq. ft.
One per lot
frontage 24 sq. ft.
One per lot
frontage 24 sq. ft.
One per
zoning plot 24 sq. ft.
Land Use
3. Neighborhood
Identification
Signs (only for
neighborhoods
with an area 3
acres or more):
Class
of Sign Number of Signs Total Area
Ground Number and
signs location subject 24 sq. ft.
to determination
by the Architecture
and Site Committee
SEC. 22.09.020: OFFICE, COMMERCI A ND INDUSTRIAL ZONES
The rules for the 0, C -1, C -2, C -C, CH, LM, CM and RP Zones
are specified in this section, by number in the following list,
table and the footnotes. Rules 1 through 3 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 numbered rules apply only where the table so
indicates.
Attached signs may be erected on any wall of the building,
however, the are
frontage may not
primary business
on a nonbusiness
to a residential
district.
a of a sign on
exceed 25/0 of
frontage. In
frontage wall
zoning distri
a wall that is not a business
the sign area generated by the
addition, signs cannot be erected
if the zoning plot is contiguous
ct and if the wall faces that
1. Sign area is generated in the ratio of 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/
-30-
of the sign area generated by the primary business
frontage.
2. Sign area is generated in the ratio of 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. The area of signs suspended from marquees is not restricted
by any rule limiting total sign area.
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 shall not
exceed the total area predicated by all of the business
frontage.
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 freestanding 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 parcel.
-31-
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SEC. 22.0.9.030: PLAN DEVELOPMENT COMBINING ZONE
Those signs shown on the precise plan referred to in
sections 20.11 and 20.12 may be erected in the PD Zone. When
determining whether to approve the signs shown on the precise
plan, the Architecture and Site Committee shall apply by analogy
the standards of the most restrictive zone in which the use to
which the sign will pertain would be allowed.
SEC. 22.10.000 NONCONFORMING SIGNS
Sections 22.10.010 through 22.10.065 regulate the use and removal
of nonconforming, unlawful, and abandoned signs.
SEC. 22.10.010 MODIFICATIONS TO NONCONFORMING SIGNS
The following modifications to nonconforming signs are
allowed:
1. Changes in sign copy.
2. Modifications that reduce the extent to which the
sign does not comply with the Zoning Ordinance.
No modification of a nonconforming sign shall have any effect
on the length of the amortization period for the sign.
SEC. 22.10.015: RECORD OF NONCONFORMING SIGNS
On or before April 15,.1976 the Planning Director shall
prepare a list of all signs in the Town which on October 15,
1975 are nonconforming signs.
SEC. 22.10,,020: MAILING OF NOTICES
On or before the date shown in the section 22.10.025
schedule the Planning Director shall mail a notice by
-33-
certified return receipt mail to the occupant business, if
known, and to the owner (as shown on the last equalized
assessment roll) of - the land where each sign on the April 15,
1976 list is located. The notice shall contain:
1. A description of - the land where the sign is located
and a description of the sign, both in terms reasonably
sufficient for the owner to identify the sign.
2. A statement that the sign is a nonconforming sign.
3. The applicable date for removal of the sign under
the provisions of section 22.10.040.
Information concerning more than one sign, and information
concerning separate amortization dates for different
characteristics of one or more single signs, separately stated,
may be included in a single notice. If the Planning Director
subsequently learns that for any reason he has not given the
notice in a timely manner, or that notice given is defective
in any way, he shall promptly mail a proper notice to the
occupant and owner, even if the regular time for notification
has expired. Notice mailed after the time required by this
section meets the requirements of section 22.10.030 and is
effective to start the time period provided in section
22.10.035.
SEC. 22.10.025 SCHEDULE FOR NOTIFICATION
First Notice
-.34-
1. Painted on wall signs, excessive
brightness of signs, roof signs,
signs suspended from a marquee:
2. Freestanding signs, wall signs,
projecting signs and all signs
not otherwise specified in this
section:
3. Signs where total area of all
signs on a building or zoning
plot exceed permitted area:
Second Notice
Nine months before date of removal.
SEC. 22.10.030
EFFECT OF MAILING OF NOTICES
June 30, 1976
June 30, 1977
June 30, 1977
Notice mailed as provided in section 22.10.020 is deemed
to be notice to the owners of nonconforming signs and to all
persons having any right, title or interest therein. The
mailing of notices is intended as a convenience to sign owners.
However, no failure to give notice shall invalidate any
proceeding to enforce this Article, to abate any sign or to
punish any sign violation.
SEC. 22.10.035 DURATION OF NONCONFORMING SIGN STATUS
Nonconforming signs which are nonconforming signs on
October 15, 1975 shall continue to be nonconforming signs until
the dates shown for the various classes of signs on the following
schedule:
-35-
1. Painted on wall signs, excessive
brightness of signs, roof signs,
signs suspended from a marquees
2. Freestanding signs, wall signs,
projecting signs and all signs
not otherwise specified in this
sections
3. Signs where total area of all
signs on a building or zoning
February 28, 1978
February 28, 1981
plot exceed permitted areas February 28, 1981
SEC® 22.10.040 DURATION OF SUBSEQUENT NONCONFORMING SIGNS
A nonconforming sign which becomes nonconforming on or
after October 16, 1975 shall be a nonconforming sign for the
applicable period shown on the following schedule:
1. Painted on wall signs, excessive
brightness of signs, roof signs,
signs suspended from a marquee: 2 years
2. Freestanding signs, wall signs,
projecting signs and all signs not
otherwise specified in this section: 5 years
3. Signs where total area of all signs
on a building or zoning plot exceed
permitted area: 5 years
-36-
SEC. 22.10.045 NOTIFICATION AND OTHER PROCEDURES CONCERNING
SUBSEQUENT NONCONFORMING SIGNS
Within six months of the date when a sign described in
section 22.10.040 becomes a nonconforming sign, the Planning
Director shall add the sign to the list of nonconforming
signs and mail notices in the manner specified in section
22.10.020, and such notices shall have the same effects as
the notices provided for other nonconforming signs.
SEC. 22.10.050 EXTENSION OF NONCONFORMING SIGN STATUS
During the deliberations on this article, it was determined
that this article should not include provisions for granting
extensions of nonconforming status since the basic periods
for nonconforming status were extended by the same number of
years originally proposed for allowable extension.
SEC. 22.10.055 REMOVAL OF UNLAWFUL SIGNS
Any sign erected or maintained contrary to the provisions
of this article or any ordinance of the Town of Los Gatos- -
including unlawfully erected signs, and formerly nonconforming
signs whose nonconforming status has terminated -- is in its
entirety an unlawful sign. The provisions of sections 32.3
and 32.4 of this ordinance are applicable to unlawful signs,
and to those who erect or maintain them.
SEC. 22.10.060 ABANDONED SIGNS
For any sign that has been abandoned as per section
22.02.010 the owner must have all copy removed and the sign
-37-
shall remain blank until a new entity has occupied the
premises. Further, if any sign has been abandoned for a
period of one year the owner shall remove the sign and any
appurtenant structures.
SEC. 22.10.065 MAINTENANCE
All signs shall be maintained and kept in repair and shall
be painted and repainted at reasonable intervals. If the
owner fails to comply, after ten days written notice by the
Planning Director, or his duly appointed Deputy, to so maintain
said signs, the Planning Director shall have the sign removed
at the owner's expense.
SECTION 2.
Sections 3.4, 3.13, 3.74, 3.75, 3.75.1., 3.76, 3.77, 3.78,
5.13, 6.13, 7.13, 10.13, 11.13, 12.5(e), 12.12, 13_13, 14.13, 15.13,
16.13, 17.09(i), 19.11 and 24.17 of the Zoning Ordinance of the Town
of Los Gatos are repealed.
SECTION 3.
Section 30.1 of the Zoning Ordinance of the Town of Los Gatos
is amended to read:
SEC. 30.1 APPEALS FROM DECISION BY THE PLANNING DIRECTOR
Any interested person may appeal to the Architecture and
Site Committee from a decision of the Planning Director
approving, approving conditionally, or denying an application
for architecture and site approval, or from a decision of the
EWE
Planning Director extending the time during which an
Architecture and Site approval may be granted, or modifying
an Architecture and Site Approval, or from a decision of the
Planning Director refusing to grant or revoke a home occupation
permit, or from a decision of the Planning Director approving
conditionally, denying, extending the time limits of or
modifying a permit issuable under the provisions of Article S,
approving conditionally, or denying a tree removal permit, or
from a decision of the Planning Director approving or denying
a sign permit. The appellant must file a written notice of
appeal with the Planning Director not more than 10 days after
the date of mailing of written notification of the Planning
Director's decision.
Hearing of the appeal shall be set for the first regular
meeting of the Architecture and Site Committee which the
business of the Committee will permit, more than five days
after the date of filing of the appeal. The Committee has
jurisdiction to hear the matter anew and to render a new
decision in the matter.
SECTION 4.
Section 30.2 of the Zoning Ordinance of the Town of Los Gatos
is amended to read:
SEC. 3 0:.2 : APPEALS FROM DECISIONS BY THE ARCHITECTURE AND
SITE COMMITTEE BY PLANNING COMMISSION MEMBERS
Any member of the Planning Commission may, if he is
qualified to do so, appeal to the Planning Commission from any
-39-
decision of the Architecture and Site Committee concerning
architecture and site application or review, or application
for variance, conditional use approval or sign approval,
approving conditionally, or denying a tree removal permit,
or from any decision of the Architecture and Site Committee
extending time for or modifying any decision of such matters.
To qualify to be an appellant, a member of the Planning
Commission shall be a member of the Architecture and Site
Committee and present at the meeting where the vote on the
application was taken or if not a member of the Architecture
and Site Committee shall have been present during all of the
hearing, including any continued hearing or field trip, which
resulted in the decision which is the subject of the appeal.
The appellant must commence the appeal by giving oral notice
to the Chairman of the Architecture and Site Committee after
the decision, during the meeting at which the decision is
rendered, and before any adjournment of the meeting.
Hearing of the appeal shall be set for the first regular
meeting of the Planning Commission which the business of the
Commission will permit, more than five days after the date of
filing of the appeal. The Planning Director shall give the
applicant notice of the time and place of the hearing. The
Commission has jurisdiction to hear the matter anew and to
render a new decision in the matter.
.M
SECTION 5.
Section 30.9 is added to the Zoning Ordinance of the Town of
Los Gatos to read:
SEC. 30.9: FORMS
All notices of appeal shall be on forms prescribed by
the Planning Director.
SECTION 6.
Subsection 1. of Sec. 14.4 is deleted from the Zoning Ordinance
of the Town of Los Gatos.
SECTION 7.
Section 14.5(q.) is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 14.5 USES PERMITTED BY CONDITIONAL USE PERMIT
(C -2 ZONE
q. Theaters, including sign program.
SECTION 8.
THIS ORDINANCE SHALL TAKE EFFECT and shall be in force thirty
(30) days after the date of its adoption. The Town Clerk of the
Town of Los Gatos shall cause this ordinance to be published once
within fifteen (15) days after its adoption, in the Los Gatos Times -
Saratoga Observer, a newspaper of general circulation, published
and circulated in the Town of Los Gatos.
The above and foregoing ordinance was duly and regularly
introduced at a regular meeting of the Town Council of the
-41-
Town of Los Gatos held on - the, 2nd day of ' September ,
1975.
PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos,
California, at a regular meeting of the Town.Council held on the
15th day of September , 1975, by the following vote:
AYES: COUNCIL MEMBERS Mark B. D iDuca
hn B. Lochner
Albert B. Smith
uth Cannon
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Eaon Jensen
SIGNED: VBCE® MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF( E TOWN O LOS ATOS
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