19 Staff Report.Sign Ordinance with attachments
Reviewed by: Town Manager, Planning Manager, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
4
DATE: May 2, 2024
TO: Mayor and Town Councilmembers
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled, “An Ordinance of the Town Council of the
Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In
General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” as
Recommended by the Planning Commission. The proposed amendments to
the Town Code are not a project subject to CEQA [CEQA Guidelines Section
15061(b)(3)]. Town Code Amendment Application A-24-002. Project
Location: Town Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Introduce an Ordinance (Attachment 3) titled, “An Ordinance of the Town Council of the Town
of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3
‘Signs,’ of the Town Code Regarding Sign Regulations” as recommended by the Planning
Commission.
BACKGROUND:
The Town Council considered this ordinance for introduction at its April 2, 2024 meeting. A
copy of the staff report for the April 2, 2024 meeting is provided as Attachment 1.
At the April 2, 2024 meeting, the Town Council discussed the proposed 90-day time limit for the
display of temporary signs. The Town Council was concerned that temporary signs would
remain on display for too long a period. The Town Council expressed a preference that
temporary signs, such as election signs, that are related to a specific event be required to be
removed within a specified number of days from the event to which they pertain.
DISCUSSION:
Language has been added to Section 29.10.110(15) of the proposed ordinance to require the
removal of temporary signs relating to a specific event within fifteen days after that event.
The City of Campbell imposes a similar time limit.
DISCUSSION (continued):
PAGE 2 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: May 2, 2024
A redline of the proposed ordinance is provided as Attachment 2 and a clean version of the
proposed ordinance is provided as Attachment 3.
CEQA:
The proposed amendments to the Town’s Sign Code are Exempt Pursuant to CEQA, Section
15061(b)(3), because it can be seen with certainty that they will not significantly affect the
physical environment in that they make minor changes to the regulations applicable to
temporary signs.
RECOMMENDATION:
Staff recommends that the Town Council introduce an Ordinance titled, “An Ordinance of the
Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In
General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” (Attachment 2). If
the ordinance is introduced at the May 7, 2024, meeting, it will return for adoption on May 21,
2024, and will take effect 30 days after adoption.
Attachments:
1. April 2, 2024, Town Council Staff Report (without attachments)
2. Redline of Town Code
3. Draft Sign Ordinance - Clean
Reviewed by: Planning Manager, Community Development Director, Assistant Town Manager, and
Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2024
4
DATE: March 27, 2024
TO: Mayor and Town Councilmembers
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled, “An Ordinance of the Town Council of the
Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In
General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” as
Recommended by the Planning Commission. The proposed amendments to
the Town Code are not a project subject to CEQA [CEQA Guidelines Section
15061(b)(3)]. Town Code Amendment Application A-24-002. Project
Location: Town Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Introduce an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos
Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town
Code Regarding Sign Regulations” as recommended by the Planning Commission.
BACKGROUND:
The Town Council considered this topic at a study session last year. As the Town Council will
recall, the Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140 of the
Town Code and was most recently amended in 1994. Since then, a number of court decisions
affecting sign regulations have been issued. These court decisions discuss the First Amendment
and “freedom of speech.” The most significant of these decisions is Reed v. Gilbert, 576 U.S.
155 (2015). In Reed v. Gilbert, the court overturned a local ordinance that imposed content-
based regulations. Government regulation of speech is considered to be “content-based” if the
law applies to particular speech based on the topic discussed or the idea or message expressed.
If a regulation affecting signs in the public right of way is “content-based,” a court will only
uphold the regulation if it: 1) serves a compelling government interest; and 2) is narrowly
tailored to serve that interest. This is a very high standard and, aside from decisions upholding
directional signage, content-based regulations are routinely struck down. A regulation affecting
signs on private property will be upheld if it is: 1) reasonable; and 2) content-neutral.
Attachment 1
PAGE 2 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
BACKGROUND (continued):
The Town’s Sign Ordinance currently includes content-based regulations for several types of
temporary signs. Examples of this are regulations that are specific to “political signs,” “real
estate open house signs,” “grand opening” banners, and special event signs. The best practice
is to have a category for “temporary signs” and apply the same regulations to all forms of
temporary signs.
Case law does authorize the Town to impose “time, place, and manner” regulations on signage.
Examples of “time, place, and manner” regulations are those related to size, location, and time
limits for display.
At its study session, the Town Council’s feedback was that the sign ordinance works well and
should be amended as minimally as possible. The Town Attorney has worked with outside
counsel to draft revisions for temporary signs that remove the “content-based” restrictions.
For example, “political signs” have been reclassified as “temporary signs.”
In addition, a revision is included to prohibit temporary signs in the following areas of public
right of way: 1) the median; and 2) the area between the paved road and the sidewalk.
The Planning Commission reviewed proposed amendments to the Town’s sign ordinance on
February 28, 2024. In addition to the proposed revisions, the Planning Commission
recommended that the ordinance be revised to:
1) Add a definition for “yard signs;”
2) Revise the “temporary sign” definition to give examples of temporary signs and to revise
the 90-day time limit to add “or as otherwise set forth in this Article” (since some
temporary signs have different time limits);
3) Change the term “jointly and severally liable” to “jointly and severally responsible;”
4) Provide that yard signs are limited in size to no more than six square feet and that there
is no limit on the number of yard signs;
5) Remove the general prohibition on flags, banners, and balloons and address them as
temporary signs that require a permit; and
6) Make the permitted size of signs on construction sites proportional to the size of the
parcel.
DISCUSSION:
A redline of the sign ordinance with the proposed revisions, including the Planning Commission
recommendations, is attached as Attachment 1. The proposed changes are:
PAGE 3 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
DISCUSSION (continued):
Sec. 29.10.100. Definitions.
The content-based portions of the definitions of “bulletin board” and “sign” have been
removed.
The definition for “political sign” has been removed since it is content-based.
Within the definition of “temporary sign,” a display limit of “90 days or as otherwise provided”
has been added.
Sec. 29.10.100 Definitions.
The definition of “bulletin board” has been revised to remove the “content-based” description.
The term “zoning plot” has been replaced with the term “parcel.”
The term “political sign” has been removed because it is content-based.
Content-based language has been removed from the definition of “sign.”
Examples of temporary signs have been added to the definition of “temporary sign.”
Sec. 29.10.105 Generally.
A subsection (f) has been added to give noncommercial speech the same protections as
commercial speech. This change is required by recent case law.
Sec. 29.10.110. Exceptions.
Subsection (5) has been renamed “Temporary Signs” and content-based regulations have been
replaced with locational regulations. A category for yard signs has been added, providing that
there is no limit on yard signs but that no yard sign shall exceed six square feet in size. The
removal requirement for temporary signs has been moved to this Section.
Subsection (6) formerly contained a prohibition on individual or company advertising on open
house signs. This prohibition has been removed because it is content-based. It has been
revised and moved to be under the newly titled “Temporary Sign” subsection.
In subsection (8), content-based regulations have been removed.
PAGE 4 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
DISCUSSION (continued):
The previous subsection (15) is content-based and has been deleted. In the new subsection
(15), the phrase “jointly and severally liable” has been replaced with the phrase “jointly and
severally responsible.”
Sec. 29.10.115. Prohibited Signs.
The Planning Commission recommended that subsection (1) prohibiting “banners, flags,
pennants, balloons, and similar objected designed to move with the wind” be removed from
this Section and that sign permits be required for these types of signs in accordance with
Section 29.10.105(c) and 29.10.120.
A subsection (16) has been added to prohibit temporary signs in the public right of way median
or area between the paved road and the sidewalk.
Sec. 29.10.120. Temporary Signs.
The heading of this Section has been revised to “Temporary Signs Requiring Permits” to
differentiate it from the Section addressing temporary signs for which permits are not required.
Content-based regulations have been replaced with content-neutral time, place, and manner
regulations.
As recommended by the Planning Commission, the proposed ordinance provides that signs on
construction sites with under 100 lineal feet of street frontage are limited to 32 square feet.
Signs on construction sites with 100 lineal feet or more of street frontage are limited to 64
square feet.
PUBLIC COMMENTS:
Prior to the February 28th Planning Commission meeting, staff conducted outreach through the
following media and social media resources, as well as direct communication with stakeholders
as summarized below:
The Town’s website home page, What’s New;
The Town’s Facebook page;
The Town’s Twitter account;
The Town’s Instagram account;
The Town’s NextDoor page;
Newspaper ad; and
Telephone call and letter to Silicon Valley Association of Realtors.
PAGE 5 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: March 25, 2024
PUBLIC COMMENTS (continued):
Because there was limited public comment at the Planning Commission meeting, staff
subsequently provided a copy of the proposed sign ordinance to the Chamber of Commerce
along with a cover letter summarizing the proposed revisions.
CEQA:
The proposed amendments to the Town’s Sign Code are Exempt Pursuant to CEQA, Section
15061(b)(3), because it can be seen with certainty that they will not significantly affect the
physical environment in that they make minor changes to the regulations applicable to
temporary signs.
RECOMMENDATION:
Staff recommends that the Town Council introduce an Ordinance titled, “An Ordinance of the
Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In
General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” (Attachment 2).
ALTERNATIVE:
Alternatively, the Town Council could retain the original regulations for construction site
signage, which did not provide for increased size based on street frontage.
ATTACHMENTS:
1. Redline of Town Code
2. Draft Sign Ordinance - Clean
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 3. SIGNS
Los Gatos, California, Code of Ordinances Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)
Page 1 of 16
DIVISION 3. SIGNS
Sec. 29.10.100. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a
period of ninety (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 state
law.
Arcade means a covered passageway with business establishments along at least one (1) side.
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
freestanding and ground signs.
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.
Awning is synonymous with marquee.
Billboard means 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.
Bulletin board is a sign located on the same premises and used solely in connection with activities ofas a
church, school, hospital, or public building, and allowing changeable messages.
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 (1) business frontage with a customer
entrance, the property owner must designate one (1) 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 plotparcel as the business frontage.
Canopy is synonymous with marquee.
Conformance means the state of being in conformity with the provisions of this division, either because of
reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.
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.
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.
ATTACHMENT 2
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(Supp. No. 92)
Page 2 of 16
Entity means any person and any distinct business enterprise even where adjacent business enterprises are
owned or operated by a single person.
Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.
Face of a sign is the portion or portions of the exterior 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 (1) 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 (2)
faces even if one (1) 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 (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are
erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single
perimeter, including the spaces between them.
Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an
integral part of a building.
Ground sign is a freestanding sign less than seven (7) feet high.
Height of a freestanding 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.
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 (1) side by a street, lot frontage is the
lot line in respect to which the business for which the sign is provided has its primary business frontage.
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.
Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood,
which serves only to identify the neighborhood.
Nonconforming sign is one which was lawfully erected but which does not comply with this division 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 division because of:
(1) Division of real property where the sign is located;
(2) Alterations to any building on the lot or, parcel or zoning plot where the sign is located; or
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Page 3 of 16
(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.
Off-premises sign is any sign not located on the same zoning plotparcel as the entity it advertises.
Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer
entrance to a business.
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.
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.
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.
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.
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
advertisingcommunicating a 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 the 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
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.
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 (8) 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 (1) 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 (8) straight lines.
Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person
authorized by this division to erect a sign.
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 section 29.10.120fewer than 90 days
or a short period of time as set forth elsewhere in this Division. Examples of temporary signs are yard signs, for
sale signs, for rent signs, flags, balloons, and banners..
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Time and temperature sign is a sign which shows time and/or temperature and which contains no
advertising.
Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.
Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.
Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) 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 freestanding wall or fence, including any gateway portion of a wall or fence, is also a
wall sign.
Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside
glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.
Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed
directly in or upon the ground on private property.
(Ord. No. 1316, §§ 3.31.010—3.31.190, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1519, 10-26-81)
Sec. 29.10.105. Generally.
(a) Application. The regulations in this division apply to all signs in all zones. Regulations of the number and area
of signs refer to the signs allowed on a zoning plotparcel, except where the regulations prescribe the number
and area of signs allowed on a business frontage.
(b) Intent. The intent of this division is as follows:
(1) The Town 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.
(2) The purpose of a sign is to inform the general public that a business enterprise and function exists in
the Town.
(3) This chapter 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.
(4) This chapter 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.
(5) The purpose of this chapter 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:
a. Local public values must be balanced with general public rights and economic functions related
to signs.
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b. The size of a sign must be prevented from overpowering its surroundings or becoming a
determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting.
d. A sign must be prevented from overpowering its surroundings through hue, saturation, and
brilliance or close combination of incompatible colors.
e. Normal maintenance and speedy repair is required for all signs.
(c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110.
A building permit may be required by another ordinance.
(d) Variances. The provisions of this chapter concerning variances are not available to modify the terms of this
division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a
lessee would be sufficient evidence of the authority to erect a sign.
(f) Noncommercial Signs. Notwithstanding any provision of the section, signs containing noncommercial speech
are permitted anywhere that advertising or business signs are permitted, subject to the same regulations
applicable to such signs.
(g) Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared
invalid for any reason by a court having jurisdiction under state or federal law, the remaining portions of this
chapter shall remain in full force and effect.
(Ord. No. 1316, §§ 3.30.010—3.30.070, 6-7-76; Ord. No. 1363, 8-1-77)
Sec. 29.10.110. Exceptions.
A sign permit is not required for the signs described in this section. The number and area of these signs are
regulated only by this section Section and they are allowed in addition to signs of other classes.
(1) House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad
crossing signs, authorized traffic or parking signs and rural delivery boxes.
(2) Nameplates. Nameplates having an area not over one and one-half (1½) 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 six (6) plates per building.
(3) Building directories. Building directories for buildings with more than six (6) tenants, the sign having an
area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name
or address of the persons or entitles occupying the building.
(4) 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 (4)
square feet in area.
(5) Real estateTemporary Sign.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for any lot fence or
building which serves solely to advertise 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 (12) square feet in area if
the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a
residential zone. This exception is only available when all or part of the premises is actually available
for the sale or leasetransaction advertised.
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(6) b. At Intersection or on Parcel. Open house. Nonilluminated, off-site, portable signs directing
customers to the location of an open house which is for sale are permitted, unlimited in total number,
but limited to one (1) double-faced sign per corner of an intersection or zoning plotparcel. The signs
shall not exceed an area of one (1) square foot per face and shall not be more than four (4) feet high.
Open house signs shall contain no individual, or individual company advertising. Prior permission shall
be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs
shall be removed each day after the closing of the open house. Open houseSuch signs are an exception
to the rule prohibiting off-premises signs and signs on public property.
(6)(7) 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.
(7)(8) Convenience signs. Convenience signs not exceeding two (2) square feet in area and containing no
advertising materialproviding directions only. Exception: Hospital emergency signs may be as large as
four (4) square feet and may be illuminated.
(8)(9) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet
in area.
(9)(10) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10)(11) Parking signs. Not more than one (1) parking control sign for each parking entrance, not
exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the
business(es) controlling the parking lot.
(11)(12) 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.
(12)(13) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2)
square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in
excess of one hundred (100) total square feet of floor area.
(13)(14) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by
a public agency.
(15) Political signs. Any number of nonilluminated political signs, either freestanding or attached, is
permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and not
exceeding eighteen (18) 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 ten (10) days after the election or convention to which the
sign pertains.
(14)(16) Special event signs. Any sign permitted by a special event permit issued under Article X of
Chapter 14 of this Code.
(15)(17) Temporary signs. With the exception of yard signs, any number of temporary signs, either
freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in
residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard
signs, but no yard sign shall exceed six square feet in size. All persons who erect temporary signs,
including yard signs, or who own or control the premises where temporary signs are erected, are
jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in
this Division. Temporary signs relating to an event, such as an election, shall be removed within fifteen
days after the event.
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(Ord. No. 1316, §§ 3.32.010—3.32.070, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1731, 7-6-87; Ord. No. 1737, §
VI, 11-2-87; Ord. No. 1738, 11-2-87; Ord. No. 1908, § III, 7-20-92)
Sec. 29.10.115. Prohibited signs.
Except as otherwise provided in this chapter, the signs described in this section are prohibited.
(1) Banners, Flags, etc. pennants, balloons, and similar objects. Flags, banners, pennants, balloons, and
similar objects designed to move with the wind, except flags up to 3 x 5 square fee in side are
permitted. 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.
(2) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move.
(3) Moving signs. Signs that rotate or move in any fashion, except barber poles.
(4) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of
surrounding property or are a traffic hazard.
(5) Obstructing signs generally. 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.
(6) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape.
(7) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or
device.
(8) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(9) 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 29.10.110(12).
(10) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or
trailers are parked in such a location or manner that it is clear the intention is to advertise the services
of a business.
(11) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(12) Off-premises signs. Off-premises signs, except those authorized by sections 29.10.110(6), (15),
29.10.120(2), (4), and 29.10.130(1).
(13) Indecent signs. Signs containing matter which is obscene under State law.
(14) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a
projector or other device.
(15) Billboards. Any billboard sign.
(16) Temporary signs in Portions of the Public Right of Way. Temporary signs in the median of the public
right of way or the portion of the right of way between the road and the sidewalk.
(17)(16) Unauthorized signs. Any sign not specifically authorized in sections 29.10.110, 29.10.120 and
29.10.130.
(Ord. No. 1316, §§ 3.33.010—3.33.090, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1446, 11-19-79)
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Sec. 29.10.120. Temporary signs Requiring Permits.
Every sign described in this section, regardless of the manner of its construction, is a temporary sign. The
number and area of such signs are regulated only by this section and are in addition to the allowed number and
area for other classes of signs.
(1) Grand opening signOn Premises Sign Erected by Business. Temporary signs used in conjunction with a
grand openingerected on premises ofby a business are permitted as long as the grand opening does
notfor up to exceed forty-five (45) calendar days. The total area of temporary signs may be equal to or
less than the total sign area permitted for the business by section 29.10.135. The permit shall state the
maximum sign area allowed and the date the sign is to be removed as set by the erector of or this
chapter, whichever is more restrictive.
(2) Subdivision signsOn Premises Sign Erected byof Subdivisionder. Nonilluminated, on-site signs
advertising a residential subdivision on property which has received subdivision or development
approval from the Town, from that approval until issuance of a building permit for the last lot to be
sold or completion of the development project,erected by a subdivider are permitted, limited to one
(1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right
angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet
each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be
erected at least fifteen (15) feet from a street right-of-way line. Additional Up to four 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 (1) such sign for each model (not one (1)
sign for each example of a model). Additional sSigns concerning models shall have an area not
exceeding three (3) square feet, nor a height of more than four (4) feet, and shall be located in the
immediate vicinity of an example of the model to which they refer. One oOff-premises subdivision
signs advertising subdivisionserected by subdividers which are not located on a major arterial street as
defined by the Town general plan isare permitted, limited to one (1) sign per subdivision. The signs
shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and
shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or
industrial zone. Such signs may be erected for up to 90 days. 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 ninety (90) percent of the dwelling units in the development. Off-premises subdivision
signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs.
(3) Sign Erected by Lessor of Futureon Commercial, Office, or Industrial Development for Sale or
LeaseLease and rental signs. One (1) single-faced sign, advertising the rental or lease on property
owned by lessorfor sale or lease of a commercial, office, or industrial development to be built in the
future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than
fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street
right-of-way line. The sign shall not be erected until a Development Review Committee approval is
granted for the erection of the building or buildings and the sign shall be removed when seventy (70)
percent of the floor area of the project is occupiedfor over 90 days.
(4) Event signsSign Erected by Special Event Sponsor.
a. Subject to the conditions of this section, a permit may be issued for a temporary sign
promotingto the sponsor of a civic, political, charitable, cultural, recreational, educational or
religious event as follows:
(i) An event in town sponsored by a non-profit organization; or
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(ii) An event sponsored by a non-profit organization with its principal business address in
Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit
organization may submit an application to the Town Planning Director for a temporary sign if the
organization can demonstrate to the satisfaction of the Planning Director that the event will
occur within Santa Clara County and the proceeds from the event will be used to benefit
residents of Los Gatos. The Planning Director shall review the application and determine whether
to grant the application based upon whether the proceeds from the event will benefit residents
of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the
Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning
Director. The application shall specify the proposed location for each sign for which approval is
requested, a calculation of the total sign area proposed and permitted under section 29.10.135,
and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be
removed within twenty-four (24) hours after the event.
(ii) TheAn event sign shall be no larger than permitted under section 29.10.135.
(iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town.
Within this limit of three (3) signs, the following restrictions apply:
A. Except as provided under subsection (B) below, no more than one sign per
event shall be permitted in the Downtown Area.
B. No more than one sign shall be permitted at the event site. Should the event
have a number of locations or not have a fixed location, the event site sign shall
be placed within five hundred (500) feet of the beginning or end of the event.
Should the event site be located within the Downtown Area, the sign at the
event site shall not count against the limitation imposed by subsection (A)
above.
(iv) Event signs shall be secured at all four (4) corners to avoid flapping.
(v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five
hundred (500) feet of any intersection in Town.
(ii) The square footage of an event sign shall not exceed the calculation of total sign area
permitted under section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time.
f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
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(ii) A non-profit association as defined in Corporations Code section 21000; or
(iii) A non-profit corporation existing under the laws of another State governing non-profit
corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone.
(5) Construction sSigns on construction sites. On parcels of under one acre, oOne (1) construction
(nonilluminated) sign on a zoning plot of not more than thirty-two (32) square feet in total area at each
street frontage during the time of construction or remodeling of the property. On parcels of one acre
or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each
street frontage during the time of construction or remodeling of the property. No construction sign
shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a
certificate of use and occupancy is issued.
(Ord. No. 1316, §§ 3.34.010—3.34.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § I, 7-20-92; Ord. No.
1980, § II, 5-23-94)
Sec. 29.10.125. Standards.
The following standards prescribed in this section shall apply to all sign approvals.
(1) 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
sections 29.10.105 through 29.10.140 expressly provide.
(2) 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.
(3) Compatibility with surroundings. The design, color and location of each sign shall be compatible with
the architecture of the buildings on the premises, and in harmony with the structures and other
improvements on the property.
(4) 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 four (4) of the following six (6) 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.
(5) Backs and supports. The backs and supports of all signs shall be subdued.
(6) Illumination generally. No portion of the surface of any illuminated sign nor any visible lamp
illuminating a sign shall have a brightness exceeding one hundred fifty foot-lamberts.
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(7) Illumination near residential districts. Illuminated signs with a brightness more than thirty foot-
lamberts shall not be erected nearer than fifty (50) feet from any point in a residential district unless
the face of the sign is not visible from the residential district.
(8) Roof signs. Roof signs must:
a. Be erected only on a roof whose pitch is at least one (1) vertical to four (4) horizontal.
b. Have a face no more than two (2) feet measured vertically.
c. Be located so the face is parallel to the eave in front of the sign.
d. Be set no more than eight (8) inches above the roof.
e. Be designed and erected so that no part of its face is higher than either the peak or an elevation
five (5) feet above the eave in front of the sign.
f. Have architecture and site approval.
Architecture and site approval may only be issued on the basis of findings that a wall sign is not feasible
because the wall of the building is set back beneath and obscured by the porch or roof overhang which
is an extension of and integral with the sloping roof of the building, and that the sign cannot be
suspended between posts or columns supporting the roof without obstructing safe passage for
pedestrians.
(9) Projecting signs. Projecting signs shall not project more than thirty-six (36) inches from the wall of a
building nor more than twelve (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 (9) feet above grade.
(10) 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 (8) feet
above grade.
(11) 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 chapter are nonconforming signs and a conditional use permit
authorizing the signs must be obtained or the signs must be abated in the manner provided in section
29.10.140.
(Ord. No. 1316, §§ 3.35.010—3.35.065, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1460, 3-3-
80)
Sec. 29.10.130. Signs which may be erected in all zones.
A sign permit is required for the signs described in this section. The number and area of such signs are
regulated only by this section and they are allowed in addition to signs of other classes.
(1) Directional signs (vehicular). Nonilluminated vehicular directional signs showing the direction to or
location of the civic center, hospitals, public parking lots, and any publicly owned facility. A sign
showing the direction to a private facility that serves the general public (other than a church) may also
be permitted upon findings by the Planning Director that there is a public interest in making the facility
easy to find; that the public would have great difficulty finding the facility without a sign; and that the
sign would not have a detrimental effect on the neighborhood. Signs erected under this section may be
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erected in the public right-of-way by express permission, but shall in all cases meet the following
requirements:
a. The sign must be located on an arterial street.
b. The sign shall not exceed six (6) square feet in area, nor a height of ten (10) feet.
c. The sign shall be erected at least one hundred (100) feet from any other directional sign.
(2) Directional signs (pedestrian). For each customer entrance, one (1) nonilluminated pedestrian
directional sign which does not exceed one (1) square foot in area.
(3) Bulletin boards. Bulletin boards not exceeding eighteen (18) square feet in area, nor height of six (6)
feet, when located on the premises of, and used solely in connection with activities of a church, school
or public building.
(4) Community bulletin boards and kiosks. Community-oriented bulletin boards and kiosks, including
service club directories, may be located on public property after review and approval as provided by
sections 29.20.745 and 29.20.755.
(Ord. No. 1316, §§ 3.37.010—3.37.025, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1519, 10-
26-81)
Sec. 29.10.135. Zone regulations.
(a) Scope. This section specifies the signs which may be erected in each zone, other than signs which by the
express provisions of this chapter may be erected in all zones. Except where this section specifies,
nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be
allowed for similar uses in other zones.
(b) Residential zones. In residential zones (defined by section 29.40.010) the following signs may be erected:
Land Use Class of Sign Number
of Signs
Total
Area
1. Multiple Family Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.
2. Authorized Nonresidential Uses
(including recreational activities,
schools, churches, public utilities,
lawful nonconforming uses, etc.)
ground signs one per zoning
plotparcel
24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.
3. Neighborhood Identification Signs
(only for neighborhoods with an
area of 3 acres or more)
ground signs number and
location subject to
determination by
the deciding body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by section 29.50.010) 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
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for each zoning plotparcel. 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 twenty-five
(25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be
erected on a nonbusiness frontage wall if the zoning plotparcel is contiguous to a residential zone and if the
wall faces that zone.
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1)
square foot for each lineal foot of secondary business frontage provided that the sign area generated
by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the
primary business frontage.
(2) Allowed sign area is one (1) 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 freestanding signs is not restricted by any rule limiting total sign area on
the zoning plotparcel.
(4) The total area of all signs on a zoning plotparcel shall not exceed one (1) square foot of sign area for
each lineal foot of lot frontage.
(5) The total area of all signs on a zoning plotparcel 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 plotparcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area
on the zoning plotparcel.
(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 plotparcel.
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(d) Planned development overlay zone. The signs shown on the official development plan referred to in division 2
of article VIII of this chapter may be erected in the PD zone.
(Ord. No. 1316, §§ 3.38.010—3.38.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1363, 8-1-
77; Ord. No. 1375, 11-21-77; Ord. No. 1446, 11-19-79)
Sec. 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.
(b) 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 this chapter.
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No modification of a nonconforming sign shall have any effect on the length of the amortization period for the
sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are
nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by 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
nonconforming sign 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 subsection (f).
Information concerning more than one (1) sign, and information concerning separate amortization dates for
different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the
Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that
notice given is defective in any way, the Planning Director 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
subsection meets the requirements of subsection (e) and is effective to start the time period provided in
subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) 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 chapter to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming 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: two
(2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five
(5) years.
(3) Signs where total area of all signs on a building or zoning plotparcel exceed permitted area: five (5)
years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the
date when a sign described in subsection (f) 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 subsection (d), and
such notices shall have the same effects as the notices provided for other nonconforming signs.
(h) Extension of nonconforming sign status. During the deliberations on the provisions of this chapter concerning
signs, it was determined that this chapter 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.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this division or any
other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose
nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of sections 29.20.950
and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them.
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(j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain
blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of
one (1) year the owner shall remove the sign and any appurtenant structures.
(k) 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 (10) days' written notice by the Planning Director,
or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the
owner's expense.
(Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78)
Page 1 of 18
Draft Ordinance Date Adopted
ATTACHMENT 3
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29, “ZONING REGULATIONS,” ARTICLE I, “IN GENERAL,”
DIVISION 3, “SIGNS,” OF THE TOWN CODE REGARDING SIGN REGULATIONS
WHEREAS, the Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140
of the Town Code and was most recently amended in 1994; and
WHEREAS, since then, court decisions on the topic of the First Amendment and freedom
of speech have been issued, including Reed v. Gilbert, 576 U.S. 155 (2015) in which the court
overturned a local ordinance that imposed content-based sign regulations; and
WHEREAS, the Town’s Sign Ordinance currently includes content-based regulations for
several types of temporary signs; and
WHEREAS, the Town Council wishes to amend the Town Code to comply with State Law
and make as minimal edits as possible; and
WHEREAS, the Planning Commission at its meeting on February 28, 2024, reviewed the
proposed amendments to the Town Code regarding sign regulations and forwarded
recommendations to the Town Council to revise the Ordinance which are incorporated below;
and
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
The following sections of the Town Code are amended to read as follows:
SECTION I. Section 29.10.100, “Definitions,” of the Town Code is amended to read as follows:
Section 29.10.100. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abandoned sign means a sign located on a parcel of land or on a structure either of which
is vacant for a period of ninety (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 state law.
Arcade means a covered passageway with business establishments along at least one (1)
side.
Page 2 of 18
Draft Ordinance Date Adopted
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 freestanding and ground signs.
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.
Awning is synonymous with marquee.
Billboard means 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.
Bulletin board is a sign located on the same premises as a church, school, hospital, or
public building, and allowing changeable messages.
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 (1) business frontage with a customer entrance, the property owner must designate
one (1) 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 parcel as the business frontage.
Canopy is synonymous with marquee.
Conformance means the state of being in conformity with the provisions of this division,
either because of reconstruction or modification pursuant to a sign permit, or because of
removal or obliteration.
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.
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.
Entity means any person and any distinct business enterprise even where adjacent
business enterprises are owned or operated by a single person.
Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post,
display, hang, or affix.
Face of a sign is the portion or portions of the exterior 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
Page 3 of 18
Draft Ordinance Date Adopted
sign may have more than one (1) 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
(2) faces even if one (1) 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 (1) face is visible from one (1) point. Where, for example, several "boards" of
a sign are erected on a single plane or parallel planes, they together comprise one (1) face, and
are measured within a single perimeter, including the spaces between them.
Freestanding sign is a sign which is wholly or partly supported by a structural element
which is not an integral part of a building.
Ground sign is a freestanding sign less than seven (7) feet high.
Height of a freestanding 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.
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 (1) side by a street, lot frontage is the lot line in respect to which the business for which the
sign is provided has its primary business frontage.
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.
Neighborhood identification sign is a ground sign situated where a street enters a
residential neighborhood, which serves only to identify the neighborhood.
Nonconforming sign is one which was lawfully erected but which does not comply with this
division 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.
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Draft Ordinance Date Adopted
However, a sign which was lawfully erected but which does not comply with this division
because of:
(1) Division of real property where the sign is located;
(2) Alterations to any building on the lot or parcel 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.
Off-premises sign is any sign not located on the same parcel as the entity it advertises.
Pedestrian directional sign is an on-premises sign which shows the direction to or location
of a customer entrance to a business.
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.
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.
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.
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 communicating a 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 the
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 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.
Page 5 of 18
Draft Ordinance Date Adopted
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 (8)
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 (1) 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 (8) straight lines.
Sign permit is the permit issued by the Planning Director to evidence approval by any of
the bodies or person authorized by this division to erect a sign.
Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood
or other light materials, intended to be displayed for fewer than 90 days or a short period of
time as set forth elsewhere in this Division. Examples of temporary signs are yard signs, for sale
signs, for rent signs, flags, balloons, and banners.
Time and temperature sign is a sign which shows time and/or temperature and which
contains no advertising.
Vehicular directional sign is an off-premises sign which shows the direction to or location
of a use or activity.
Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.
Wall sign is a sign erected on a wall or fascia of a building or structure (other than a
structure, one (1) 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 freestanding wall or fence, including any gateway portion of a wall or
fence, is also a wall sign.
Window sign is a sign which is displayed in or through a window, is less than twenty-four
(24) inches inside glass, and is visible from a street, walkway, parking lot, or pedestrian plaza,
any of which is accessible to the public.
Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other
structure placed directly in or upon the ground on private property.
SECTION II. Section 29.10.105, “Generally,” of the Town Code is amended to read as follows:
Section 29.10.105. Generally.
(a) Application. The regulations in this Division apply to all signs in all zones. Regulations of the
number and area of signs refer to the signs allowed on a parcel, except where the
regulations prescribe the number and area of signs allowed on a business frontage.
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(b) Intent. The intent of this Division is as follows:
(1) The Town 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.
(2) The purpose of a sign is to inform the general public that a business enterprise and
function exists in the Town.
(3) This Chapter 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.
(4) This Chapter 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.
(5) The purpose of this Chapter 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:
a. Local public values must be balanced with general public rights and economic
functions related to signs.
b. The size of a sign must be prevented from overpowering its surroundings or
becoming a determinant factor in consumer evaluation of competitive
enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting.
d. A sign must be prevented from overpowering its surroundings through hue,
saturation, and brilliance or close combination of incompatible colors.
e. Normal maintenance and speedy repair is required for all signs.
(c) Permits. Sign permits must be obtained before erection of all signs, except as provided by
section 29.10.110. A building permit may be required by another ordinance.
(d) Variances. The provisions of this Chapter concerning variances are not available to modify
the terms of this division.
(e) Authority to erect. No sign shall be erected without the express permission of the
landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign.
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(f) Noncommercial Signs. Notwithstanding any provision of this Section, signs containing
noncommercial speech are permitted anywhere that advertising or business signs are
permitted, subject to the same regulations applicable to such signs.
SECTION III. Section 29.10.110, “Exceptions,” of the Town Code is amended to read as follows:
Section 29.10.110. Exceptions.
A sign permit is not required for the signs described in this Section. The number and area
of these signs are regulated only by this Section and they are allowed in addition to signs of
other classes.
(1) House numbers, traffic, etc. House numbers, street names, signs warning against
danger, railroad crossing signs, authorized traffic or parking signs and rural delivery
boxes.
(2) Nameplates. Nameplates having an area not over one and one-half (1½) 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 six (6) plates per
building.
(3) Building directories. Building directories for buildings with more than six (6) tenants,
the sign having an area not over nine (9) square feet, affixed flat against the wall of a
building, which only show the name or address of the persons or entitles occupying
the building.
(4) 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 (4) square feet in area.
(5) Temporary Sign.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for
any fence or building where the sign is located, provided the sign does not exceed
twelve (12) square feet in area if the sign is in a commercial, professional or industrial
zone, or six (6) square feet in area if the sign is in a residential zone. This exception is
only available when all or part of the premises is actually available for sale or lease.
b. At Intersection or on Parcel. Nonilluminated, off-site, portable signs are
permitted, unlimited in total number, but limited to one (1) double-faced sign per
corner of an intersection or parcel. The signs shall not exceed an area of one (1)
square foot per face and shall not be more than four (4) feet high Prior permission
shall be obtained from the property owner if the sign is to be placed on a privately
owned parcel. The signs shall be removed each day. Such signs are an exception to
the rule prohibiting off-premises signs and signs on public property.
(6) 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.
Page 8 of 18
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(7) Convenience signs. Convenience signs not exceeding two (2) square feet in area
providing directions only. Exception: Hospital emergency signs may be as large as four
(4) square feet and may be illuminated.
(8) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3)
square feet in area.
(9) Window signs. Window signs not exceeding twenty-five (25) percent of the window
area.
(10) Parking signs. Not more than one (1) parking control sign for each parking entrance,
not exceeding an area of two (2) square feet. Parking control signs may contain the
name(s) of the business(es) controlling the parking lot.
(11) 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.
(12) Recycling and vending facilities. Recycling and vending facility signs shall not exceed
two (2) square feet, plus one (1) square foot for every one hundred (100) square feet
of facility or machine in excess of one hundred (100) total square feet of floor area.
(13) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like
erected by a public agency.
(14) Special event signs. Any sign permitted by a special event permit issued under Article
X of Chapter 14 of this Code.
(15) Temporary signs. With the exception of yard signs, any number of temporary signs,
either freestanding or attached, is permitted, limited to a total sign area not
exceeding six (6) square feet in residential zones and eighteen (18) square feet in
other zones. There is no limit on the number of yard signs, but no yard sign shall
exceed six square feet in size. All persons who erect temporary signs, including yard
signs, or who own or control the premises where temporary signs are erected, are
jointly and severally responsible to remove such signs after ninety (90) days or as
otherwise set forth in this Division. Temporary signs relating to an event, such as an
election, shall be removed within fifteen days after the event.
SECTION IV. Section 29.10.115, “Prohibited signs,” of the Town Code is amended to read as
follows:
Section 29.10.115. Prohibited signs.
Except as otherwise provided in this Chapter, the signs described in this Section are
prohibited.
(1) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move.
(2) Moving signs. Signs that rotate or move in any fashion, except barber poles.
Page 9 of 18
Draft Ordinance Date Adopted
(3) Excessively bright signs. Lighted signs whose brightness is detrimental to the
reasonable enjoyment of surrounding property or are a traffic hazard.
(4) Obstructing signs generally. 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.
(5) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape.
(6) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic
sign, signal, or device.
(7) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic
light or a signal.
(8) 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 29.10.110(11).
(9) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when
such vehicles or trailers are parked in such a location or manner that it is clear the
intention is to advertise the services of a business.
(10) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a
freeway.
(11) Off-premises signs. Off-premises signs, except those authorized by sections
29.10.110(5), (15), 29.10.120(2), (4), and 29.10.130(1).
(12) Indecent signs. Signs containing matter which is obscene under State law.
(13) Projected light signs. Signs which are flashed or projected onto walls or other
structures by means of a projector or other device.
(14) Billboards. Any billboard sign.
(15) Temporary signs in Portions of the Public Right of Way. Temporary signs in the
median of the public right of way or the portion of the right of way between the road
and the sidewalk.
(16) Unauthorized signs. Any sign not specifically authorized in Sections 29.10.110,
29.10.120 and 29.10.130.
SECTION V. Section 29.10.120, “Temporary signs,” of the Town Code is amended to read as
follows:
Section 29.10.120. Temporary Signs Requiring Permits.
Every sign described in this Section, regardless of the manner of its construction, is a
temporary sign. The number and area of such signs are regulated only by this Section and are in
addition to the allowed number and area for other classes of signs.
Page 10 of 18
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(1) On Premises Sign Erected by Business. Temporary signs erected on premises of a
business are permitted for up to forty-five (45) calendar days. The total area of
temporary signs may be equal to or less than the total sign area permitted for the
business by Section 29.10.135. The permit shall state the maximum sign area allowed
and the date the sign is to be removed as set by the erector or this Chapter,
whichever is more restrictive.
(2) On Premises of Subdivision. Nonilluminated, on-site signs on property which has
received subdivision or development approval from the Town, from that approval
until issuance of a building permit for the last lot to be sold or completion of the
development project, are permitted, limited to one (1) double-faced sign not
exceeding an area of twenty-five (25) square feet per face, placed at a right angle to
the street, or two (2) single-faced signs not exceeding an area of twenty-five (25)
square feet each placed parallel to a street. The signs shall not be more than fifteen
(15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way
line. Up to four additional signs are permitted in residential subdivisions. Additional
signs shall have an area not exceeding three (3) square feet, nor a height of more than
four (4) feet. One off-premises signs erected by subdividers which are not located on
a major arterial street as defined by the Town general plan is permitted. The sign shall
not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet
high and shall be erected at least fifteen (15) feet from a street right-of-way line and
shall be in a commercial or industrial zone. Such signs may be erected for up to 90
days. Off-premises signs erected by subdividers are an exception to the rules
prohibiting billboards and off-premises signs.
(3) Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One
(1) single-faced sign on property for sale or lease of a commercial, office, or industrial
development to be built in the future. The sign shall not have an area exceeding
twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be
erected parallel to a street, at least fifteen (15) feet from a street right-of-way line.
The sign shall not be erected for over 90 days.
(4) Sign Erected by Special Event Sponsor.
a. Subject to the conditions of this Section, a permit may be issued to the sponsor
of a civic, political, charitable, cultural, recreational, educational or religious
event as follows:
(i) An event in town sponsored by a non-profit organization; or
(ii) An event sponsored by a non-profit organization with its principal business
address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town
contributes funds; or
(v) An event co-sponsored by the Town.
Page 11 of 18
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b. If a non-profit organization's event does not qualify under subsection (a), the
non-profit organization may submit an application to the Town Planning Director
for a temporary sign if the organization can demonstrate to the satisfaction of
the Planning Director that the event will occur within Santa Clara County and the
proceeds from the event will be used to benefit residents of Los Gatos. The
Planning Director shall review the application and determine whether to grant
the application based upon whether the proceeds from the event will benefit
residents of Los Gatos. If the Director denies the application, the applicant may
appeal the decision to the Town Council within ten (10) days of the Director's
decision.
c. Application. The event sponsor shall submit an application with applicable fee to
the Planning Director. The application shall specify the proposed location for
each sign for which approval is requested, a calculation of the total sign area
proposed and permitted under section 29.10.135, and a description of the sign
material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the
event and shall be removed within twenty-four (24) hours after the event.
(ii) The sign shall be no larger than permitted under section 29.10.135.
(iii) No more than a total of three (3) signs per event sponsor shall be allowed in
the Town. Within this limit of three (3) signs, the following restrictions
apply:
A. Except as provided under subsection (B) below, no more than one
sign per event shall be permitted in the Downtown Area.
B. No more than one sign shall be permitted at the event site. Should
the event have a number of locations or not have a fixed location,
the event site sign shall be placed within five hundred (500) feet
of the beginning or end of the event. Should the event site be
located within the Downtown Area, the sign at the event site shall
not count against the limitation imposed by subsection (A) above.
(iv) Event signs shall be secured at all four (4) corners to avoid flapping.
(v) No temporary structure may be erected for the purpose of displaying an
event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one
time within five hundred (500) feet of any intersection in Town.
(ii) The square footage of an event sign shall not exceed the calculation of total
sign area permitted under Section 29.10.135.
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(iii) No more than one sign is permitted on any one property at one time.
f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the
Corporations Code; or
(ii) A non-profit association as defined in Corporations Code Section 21000; or
(iii) A non-profit corporation existing under the laws of another state governing
non-profit corporations and which is permitted to do business in California
under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone.
(5) Signs on construction sites. On parcels of under one acre, one (1) nonilluminated sign
of not more than thirty-two (32) square feet in total area at each street frontage
during the time of construction or remodeling of the property. On parcels of one acre
or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in
total area at each street frontage during the time of construction or remodeling of the
property. No construction sign shall be erected prior to the issuance of a building
permit, and each shall be removed as soon as a certificate of use and occupancy is
issued.
SECTION VI. Section 29.10.135, “Zone regulations,” of the Town Code is amended to read as
follows:
Page 13 of 18
Draft Ordinance Date Adopted
Section 29.10.135. Zone regulations.
(a) Scope. This Section specifies the signs which may be erected in each zone, other than signs
which by the express provisions of this Chapter may be erected in all zones. Except where
this Section specifies, nonconforming uses shall have only those signs allowed for the zone
and not signs which might otherwise be allowed for similar uses in other zones.
(b) Residential zones. In residential zones (defined by Section 29.40.010) the following signs
may be erected:
Land Use Class of Sign Number
of Signs
Total
Area
1. Multiple Family
Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.
2. Authorized Nonresidential
Uses (including recreational
activities, schools, churches,
public utilities, lawful
nonconforming uses, etc.)
ground signs one per parcel 24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.
3. Neighborhood Identification
Signs (only for
neighborhoods with an area
of 3 acres or more)
ground signs number and
location subject
to
determination
by the deciding
body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by Section 29.50.010) 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 parcel. 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 twenty-five (25) percent of the sign area predicated on
the primary business frontage. In addition, signs cannot be erected on a nonbusiness
frontage wall if the parcel is contiguous to a residential zone and if the wall faces that
zone.
Page 14 of 18
Draft Ordinance Date Adopted
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business
frontage plus one (1) square foot for each lineal foot of secondary business frontage
provided that the sign area generated by each secondary business frontage cannot
exceed fifty (50) percent of the sign area generated by the primary business frontage.
(2) Allowed sign area is one (1) 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 freestanding signs is not restricted by any rule limiting
total sign area on the parcel.
(4) The total area of all signs on a parcel shall not exceed one (1) square foot of sign area
for each lineal foot of lot frontage.
(5) The total area of all signs on a parcel 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 parcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule
limiting total sign area on the parcel.
(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.
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(d) Planned development overlay zone. The signs shown on the official development plan
referred to in Division 2 of Article VIII of this Chapter may be erected in the PD zone.
SECTION VII. Section 29.10.140, “Nonconforming signs,” of the Town Code is amended to read
as follow
Section 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and
abandoned signs.
(b) Modifications to nonconforming signs. The following modifications to nonconforming signs
are allowed:
(1) Changes in sign copy.
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Draft Ordinance Date Adopted
(2) Modifications that reduce the extent to which the sign does not comply with this
chapter.
No modification of a nonconforming sign shall have any effect on the length of the amortization
period for the sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the
Town which are nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by 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 nonconforming sign 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 subsection (f).
Information concerning more than one (1) sign, and information concerning separate
amortization dates for different characteristics of one (1) or more single signs, separately
stated, may be included in a single notice. If the Planning Director subsequently learns that for
any reason notice has not been given in a timely manner, or that notice given is defective in any
way, the Planning Director 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
subsection meets the requirements of subsection (e) and is effective to start the time period
provided in subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) 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 chapter
to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming
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: two (2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in
this section: five (5) years.
(3) Signs where total area of all signs on a building or parcel exceed permitted area: five
(5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six
(6) months of the date when a sign described in subsection (f) becomes a nonconforming
sign, the Planning Director shall add the sign to the list of nonconforming signs and mail
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Draft Ordinance Date Adopted
notices in the manner specified in subsection (d), and such notices shall have the same
effects as the notices provided for other nonconforming signs.
(h) Extension of nonconforming sign status. During the deliberations on the provisions of this
Chapter concerning signs, it was determined that this chapter 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.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of
this Division or any other ordinance of the Town including unlawfully erected signs, and
formerly nonconforming signs whose nonconforming status has terminated, is in its
entirety an unlawful sign. The provisions of Sections 29.20.950 and 29.20.955 are
applicable to unlawful signs, and to those who erect or maintain them.
(j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the
sign shall remain blank until a new entity has occupied the premises. Further, if any sign
has been abandoned for a period of one (1) year the owner shall remove the sign and any
appurtenant structures.
(k) 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 (10) days' written
notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the
Planning Director shall have the sign removed at the owner's expense.
(Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78)
SECTION VIII. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION IX. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty
that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION X. Publication.
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Draft Ordinance Date Adopted
In accordance with Section 36937 of the Government Code of the State of California,
this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby
directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in
accordance with Section 36933 pf the Government Code of the State of California.
SECTION XI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los
Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________