Attachment 2OBJECTIVE STANDARDS
ZONING ORDINANCE
ATTACHMENT 2
ARTICLE I. IN GENERAL
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Sec. 29.10.020. – Definitions.
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Attic means a non -habitable space (that may or may not be used for storage) with a
maximum height of seven (7) feet six (6) inches as measured from the upper surface of the
attic floor to the underside of the roof above. For the purposes of this definition, unf inished
attic spaces are considered to have floor surfaces. Once an attic space exceeds seven (7) feet
six (6) inches in height, all areas down to five (5) feet will be counted toward the floor area
ratio.
Demolition (historic structures) means:
(1) Remov al of more than twenty -five (25) percent of the wall(s) facing a public street(s) (or a
street facing elevation if the parcel is a corridor lot or is landlocked) or fifty (50) percent of all
exterior walls; or
(2) Enclosure or alteration (ie: new window a nd or window relocation) of more than twenty -
five (25) percent of the walls facing a public street (or a street facing elevation if the parcel is
a corridor lot or is landlocked) or fifty (50) percent of the exterior walls so that they no longer
function a s exterior walls; or All remaining exterior walls must be contiguous and must retain
the existing exterior wall covering. No new exterior wall covering shall be permitted over the
existing exterior wall covering. ].[
Demolition (nonhistoric structures) means removal of more than fifty (50) percent of the
exterior walls. The remaining exterior walls must be contiguous and must maintain either the
existing interior or existing exterior wall covering .
Floor area gross means the entire enclosed area of all floors that are more than four (4) feet
above the proposed grade, measured from the outer face of exterior walls or in the case of
party walls from the centerline. ].[
Recycling collection facility means:
(1) A small collection facility is smaller than five hundred (500) square feet and intended for
the collection of recyclable materials and can include kiosks, igloos, bins, trailers or bulk
reverse vending machines. These facilities are generally temporary.
(2 ) A large collection facility is larger than five hundred (500) square feet and accepts
recyclable materials in large quantities for storage and eventual shipment. This facility is
generally a permanent structure. ].[
Restaurant (minor) means any restaura nt that satisfies the following criteria:
(1) Provides less than 25 seats; ].[
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Senior citizen means any person sixty -two (62) years of age or older, subject to the
restrictions and exceptions as provided by Civil Code section 51.3.
Shopping center means a development which consists of not less than thirty thousand
(30,000) square feet of enclosed floor area on a site not less than two (2) acres in size ].[
Story ].[ If the finished floor level directly above a basement or cellar is more than six (6) feet
above grade, such basement or cellar shall be considered a story. ].[
Swimming pools means any constructed or prefabricated pool used for swimming or bathing,
twen ty -four (24) inches or more in depth. ].[
Sec. 29.10.065. - Recreational open space for residential condominiums.
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(1) Private open space. Each ground floor dwelling unit shall have a minimum of two
hundred (200) square feet of outdoor usable open space in the form of a single enclosed
patio or deck located essentially at the level of the main living area. Each dwelling unit
above the ground floor shall have one hundred twenty (120) square feet of outdoor
usable open space in the form of a balcony. For purposes of this section, a multiple floor
unit with the lower floor on the ground level is treated as a ground floor unit. The
minimum horizo ntal dimension for a patio is ten (10) feet and for a balcony is six (6)
feet.
(2) Community recreation space. In addition to the private open space required by part (1),
there shall be a total community recreation area of at least one hundred (100) square
fe et for each dwelling unit. This area is in addition to that required for yards.
Sec. 29.10.06702. - Same —Streets.
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(2) Collector streets. The width of right -of -way for all collector streets, and streets and
areas to be used for other than one -family and two -family residences shall not be less
than sixty (60) feet with a paved roadway width excluding width of curb and sidewalk
areas of not less than forty (40) feet; except that, in mountainous or hillside areas the
width of paved roadway may be reduced fro m forty (40) feet to thirty -four (34) feet if
parking is prohibited along one (1) side of the street, or twenty -eight (28) feet if parking
is prohibited on both sides of the street. In mountainous or hillside areas the width of
the right -of -way shall not b e less than forty (40) feet.
(3) Minor streets. The width of right -of -way for minor streets shall be not less than fifty -six
(56) feet with a paved roadway width of not less than thirty -six (36) feet, excluding curb
and sidewalk; except, that in mountainous or hillside areas the width of the paved
roadway may be reduced from thirty -six (36) to thirty (30) feet if parking is prohibited
along one (1) side of the street, or twenty -four (24) feet if parking is prohibited on both
sides of the street. In mountainous or hillside areas the width of the right -of -way shall
not be less than forty (40) feet.
(4) One -way streets may be acceptable in a subdivision when their use is justified by
detailed engineering studies submitted by the subdivider. The width of right -of -way fo r
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one -way streets shall be not less than forty (40) feet with a paved roadway excluding
curb and sidewalk areas of not less than fifteen (15) feet. Emergency pull -out areas of a
design approved by the Town Engineer shall be provided at approximately five -h undred -
foot intervals on straight sections and at each end of every blind curve.
(5) Turning circles at the end of cul -de -sac streets shall have a roadway radius of not less
than thirty -two (32) feet, and a right -of -way width of forty -two (42) feet; except, th at in
mountainous or hillside areas the roadway radius may be reduced to twenty -six (26)
feet, and the right -of -way radius to thirty -two (32) feet if parking is prohibited on the
turning circle. ].[
Sec. 29.10.06703. - Same —Design standards.
(1) Alleys shall have a right -of -way width of not less than thirty (30) feet and roadway width
of not less than twenty -four (24) feet. ].[
Sec. 29.10.06711. - Street intersections.
(1) At each intersection between two (2) streets in a subdivision, the property lines shall be
rounded with a curve having a radius of not less than twenty (20) feet. At intersections
between an alley and a street, or between two (2) alleys, the radius or cut -back distance
shall be not less than ten (10) feet. ].[
Sec. 29.10.085. - Corridor lots.
(1) T he corridor to a corridor lot shall not be more than three hundred (300) feet long nor
less than twenty (20) feet wide. ].[
Sec. 29.10.09020. - Swimming pools.
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(2) Location. No swimming pool shall be located within five (5) feet of a property line, nor in
a required front yard, nor in a required side yard along a street.
(3) Mechanical equipment. No mechanical equipment for operating a swimming pool shall
be located in a required front yard nor within ten (10) feet of a property line when
located in a required side yard. ].[
ARTICLE I. - DIVISION 2. TREE PROTECTION
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Sec. 29.10.0960. - Scope of protected trees.
This division shall apply to every property owner and to every person, corporation,
partnership, sole proprietorship or other entity responsible for removing, maintaining or
protecting a tree. The trees protected by this division are:
(1) All trees which have a twelve -inch or greater diameter (thirty -seven and one -half -inch
circu mference) of any trunk or in the case of multi -trunk trees, a total of eighteen inches
or greater diameter (fifty -six and one -half -inch circumference) of the sum of all trunks,
where such trees are located on developed residential property.
(2) All trees which have an eight -inch or greater diameter (twenty -five -inch circumference)
of any trunk or in the case of multi -trunk trees, a total of eight inches or greater
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diameter (twenty -five -inch circumference) of the sum of all trunks, where such trees are
located o n developed Hillside residential property.
(3) All trees of the following species which have an eight -inch or greater diameter (twenty -
five -inch circumference) located on developed residential property:
a. Blue Oak (Quercus douglasii);
b. Black Oak (Quercus kellogii );
c. California Buckeye (Aesculus californica);
d. Pacific Madrone (Arbutus menziesii).
(4) All trees which have a four -inch or greater diameter (twelve and one half -inch
circumference) of any trunk, when removal relates to any review for which zoning
approval or s ubdivision approval is required.
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(7) All trees, which have a four -inch or greater diameter (twelve and one half -inch
circumference) of any trunk and are located on property other than developed
residential property.
(8) All publicly owned trees growing on Town lands, public places or in a public right -of -way
easement, which have a four -inch or greater diameter (twelve and one -half -inch
circumference) of any trunk.
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Sec. 29.10.0965. - Prohibitions.
Except as provided in section 29.10.0970, it shall be unlawful:
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(2) To prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a
three -year period, affecting twenty -five (25) percent or more of any protected tree
without first obtaining a permit pursuant to this chapter.
(3) To prune , trim, or cut any branch or root greater than four (4) inches in diameter
(twelve and one -half (12.5) inches in circumference) of a Heritage tree or large
protected tree without first obtaining a permit pursuant to this chapter. ].[
Sec. 29.10.0985. - De termination and conditions of permit.
].[ The Director or the deciding body shall impose, except when removal is permitted if the
tree is dead or a Tree Risk Rating of Extreme or High is present, as a condition on which a
protected tree removal permit is g ranted that two (2) or more replacement trees of a species
and a size designated by the Director or designee, shall be planted in the following order of
preference:
(1) Two (2) or more replacement trees, of a species and size designated by the Director,
shall be planted on the subject private property. Table 3 -1, Tree Canopy -Replacement
Standard shall be used as a basis for this requirement. The person requesting the permit
shall pay the cost of purchasing and planting the replacement trees. ].[
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Table 3 -1 — Tree Canopy — Replacement Standard
Canopy Size of Removed
Tree 1
Replacement
Requirement 2, 4
S ingle Family Residential
Replacement Option 3, 4
10 feet or less Two 24 -inch box trees Two 15 -gallon trees
More than 10 feet to 25 feet Three 24 -inch box trees Three 15 -gallon trees
More than 25 feet to 40 feet Four 24 -inch box trees; or
Two 36 -inch box trees
Four 15 -gallon trees
More than 40 feet to 55 feet Six 24 -inch box trees; or
Three 36 -inch box trees
Not Available
Greater than 55 feet Ten 24 -in ch box trees; or
Five 36 -inch box trees
Not Available
Notes ].[
3 Single Family Residential Replacement Option is available for developed single family residential lots under n
thousand (10,000) square feet that are not subject to the Town's Hillside Development Standards and Guidelines. All
fifteen -gallon trees must be planted on -site. Any in -lieu fees for single family residential shall be based on twenty -
four -inch box tree rates as adopted by Town Council. ].[
Sec . 29.10.0987. - Special provisions -hillsides
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(1) All protected trees located thirty (30) or more feet fro m the primary residence that are
removed shall be replaced with native trees listed in Appendix A Recommended Native
Trees for Hillside Areas of the Town of Los Gatos Hillside Development Standards and
Guidelines (HDS&G).
(2) All protected trees located within thirty (30) feet of the primary residence that are
removed shall be replaced as follows:
a. If the removed tree is a native tree listed in Appendix A of the HDS&G, it shall only
be replaced with a native tree listed in Appendix A of the HDS&G.
b. If the removed tree is not listed in Appendix A, it may be replaced with a tree listed
in Appendix A, or replaced with another species of tree as approved by the Director.
c. Replacement trees listed in Appendix A may be planted anywhere on the property.
d. Replacement trees not listed in Appendix A may only be planted within thirty (30)
feet of the primary residence.
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ARTICLE I. - DIVISION 3 . SIGNS
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Sec. 29.10.125. - Standards.
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(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.
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d. Be set no more than eight (8) inches above the roof.
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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.
(9) Projecting signs . All projecting signs which project over a walkway or public right -of -way
shall have a clearance of nine (9) feet above grade.
(10) 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. ].[
ARTICLE I. - DIVISION 4 . PARKING
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Sec. 29.10.150. - Number of off -street spaces required.
b) Parking requirements for downtown.
(1) Retail and commercial stores and shops. One (1) parking space for each three
hundred (300) square feet of gross floor area.
(2) Business and professional offices, banks, financial institutions, insurance com panies,
social service agencies and studios. One (1) parking space for each two hundred fifty
(250) square feet of gross floor area.
(3) Restauran t (no separate bar). One (1) parking space for each four (4) seats.
(4) Restaurant (separate ba r). One (1) parking spa ce for each three (3) seats.
(5) Bars, taverns and nightclu bs. On e (1) parking space for each three (3) seats.
(6) Theaters . On e (1) parking space for each three hundred (300) square feet of gross
floor area.
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c) Outside downtown parking requirements .
(1) Single -family, residential condominiums and two -family dwellings . Two (2) parking
spaces for each living uni ts.
(2) Accessory dwelling units . One parking space per unit or bedroom, whichever is less,
shall be provided in addition to the required minimum number of parking spaces for
the primary dwelling unit. These spaces may be provided in a front setback on a
driveway (provided that it is feasible based on specific site or fire and life safety
conditions) or through tandem parking.
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a. Exceptions. No parking s paces shall be required if the accessory dwelling unit
meets any of the following criteria:
1. The accessory dwelling unit is located within one -half mile of a public transit
stop.
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(3) Multiple -unit dwellings in all zones and two -family dwellings in the R -1D zone . One
and one -half (1½) times the number of living units in such dwellings.
(4) Hotels, motels and auto courts . One (1) parking space for each guest room or suite,
plus one (1) parking space for each employee.
(5) Lodginghouses, boardinghouses . One (1) pa rking space for each two (2) beds in such
building, plus one (1) parking space for each employee.
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(6) Hospitals . One and one -half (1½) parking spaces for each bed. For uses not
specifically listed in this subsection the requirements shall be as set forth in se ction
29.10.150(c).
(7) Sanitariums, convalescent homes and rest homes . One (1) parking space per two and
one -half (2½) beds.
(8) Medical or dental clinic or office . One (1) parking space for each two hundred fifty
(250) square feet of gross floor area or six (6) spaces per doctor; whichever is more
restrictive.
(9) Retail and commercial stores and shops . One (1) parking space for each two hundred
thirty -five (235) square feet of gross floor area.
(10) Business and professional offices, banks, financial institutions, insura nce companies,
social service agencies and studios . One (1) parking space for each two hundred
thirty -five (235) square feet of gross floor area.
(11) Household furniture, appliances and furniture repair shops . One (1) parking space for
each three hundred fifty (350) square feet of gross floor area.
(12) Enclosed automobile or machinery sales . One (1) parking space for each four
hundred seventy (470) feet of gross floor area.
(13) Open sale s areas. Two (2) parking spaces for each employee.
(14) Service stations and auto repair and auto service businesses . Two (2) parking spaces
for each grease rack or working bay, plus one (1) parking space for each employee.
(15) Public eating establishments, taverns, and nightclubs . One (1) parking space for each
three (3) seats in such public eat ing establishments, taverns or nightclubs.
(16) Wholesale establishments and warehouses . One (1) parking space for each two
thousand three hundred fifty (2,350) square feet of gross floor area, plus one (1)
parking space for each company vehicle used in the op eration of such establishment
or warehouse.
(17) Manufacturing plants, machine shops, research or testing [laboratories, bottling
plants] and printing plants . One (1) parking space for each one and one -half (1½)
employees, plus one (1) parking space for each co mpany vehicle used in the
operation of such plant, shop or laboratory.
(18) Funeral homes and mortuaries . One (1) parking space for each [seven hundred (700)
square feet of gross] floor area, plus one (1) parking space for each employee and
one (1) parking spac e for each company vehicle used in the operation of such home
or mortuary.
(19) Community centers and libraries . One (1) parking space for each [five hundred ninety
(590) square feet of] gross floor area, plus one (1) parking space for each employee.
(20) Post offic es . One (1) parking space for each two hundred thirty -five (235) square feet
of gross floor area, plus one (1) parking space for each employee, and one (1) for
each official vehicle.
(21) Private clubs and lodges . One (1) parking space for each three hundred fi fty (350)
square feet of gross floor area, plus one (1) parking space for each three hundred
fifty (350) square feet of outside areas employed for purposes of assembly and
meeting by the members and guests of such clubs and lodges, plus one (1) parking
spa ce for each five hundred ninety (590) square feet of outside areas developed for
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recreational purposes, such as gardens, swimming pools, park areas and assembly
areas, excepting golf course playing area and similar field sports.
(22) Elementary schools . One (1 ) parking space for each employee, and if such school has
an auditorium there shall be one (1) parking space for each three and one -half (3½)
fixed seats in such auditorium, plus one (1) parking space for each six (6) linear feet
of fixed benches therein, or one (1) parking space for each thirty -five (35) square
feet of gross floor area in such auditorium.
(23) Intermediate or junior high schools . One (1) parking space for each employee, and if
such school has an auditorium there shall be one (1) parking space for each three
and one -half (3½) fixed seats in such auditorium, plus one (1) parking space for each
six (6) linear feet of fixed benches therein, or one (1) parking space for each thirty -
five (35) square feet of gross floor area in such auditorium.
(24) High s chools . One (1) parking space for each employee, plus one (1) parking space
for each seven (7) students in such high school and if such school has an auditorium
there shall be one (1) parking space for each three and one -half (3½) fixed seats in
such audit orium plus one (1) parking space for each six (6) linear feet of fixed
benches therein, or one (1) parking space for each thirty -five (35) square feet of
gross floor area in such auditorium.
(25) Colleges . One (1) parking space for each employee, plus one (1) p arking space for
each three (3) students in such college, and if such college has an auditorium, there
shall be one (1) parking space for each three and one -half (3½) fixed seats in such
auditorium, plus one (1) parking space for each six (6) linear feet o f fixed benches
therein, or one (1) parking space for each thirty -five (35) feet of gross floor area in
such auditorium.
(26) Churches . One (1) parking space for each four (4) seats in each building used
separately, or together with any other building, for worship.
(27) Bowling l anes . Seven (7) parking spaces for each lane in each establishment.
(28) Auditorium, theaters, sports arenas, stadiums and assembly halls, with or without
fixed seats . One (1) parking space for each three and one -half (3½) fixed seats on
such premises, plus one (1) parking space for each six (6) linear feet of fixed benches
on the premises, or one (1) parking space for each thirty -five (35) square feet of
gross floor area.
].[
g) Parking requirements for major additions to single -family dwellings. Notwithstanding the
provisions of division 5 of this article of this chapter, any addition to a single -family
dwelling as described below shall comply with the parking requirements set forth in
subsection (c)(1) of this section:
(1) An addition exceeding fift y (50) percent of the existing floor area;
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Sec. 29.10.155. – Development standards.
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d) Size and location of spaces and aisles. All parking spaces and aisles shall conform to the
following standards:
].[
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(3) Space width shall be increased by one (1) foot to nine and one -half (9.5) feet if
adjacent on one (1) side to a wall, fence, hedge or structure; and by two (2) feet to
ten and one -half (10.5) feet if adjacent on both sides to such walls, fences, hedges,
or structures.
].[
(5) Aisle widths and stall sizes are described in the following table:
Angle of stall Depth of stall,
perpendicular
to aisle
Minimum width of
one -way aisles
Degrees Feet Feet
Parallel Parking 8.5 12.0
30 16.4 12.0
45 18.7 13.0
60 19.8 15.0
90 18.0 25.0
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(7) Parking space boundaries shall be delineated by double striping. Each double stripe
shall consist of two (2) four -inch lines, separated by an eighteen -inch space.
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(10) The minimum inside turning radius for aisles and islands shall be twenty (20) feet.
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g) Screening and landscaping. Parking lots and spaces shall be screened and landscaped as
follows:
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(2) Wherever a parking lot is adjacent to a street, a landscaped buffer at least ten (10)
feet wide is required. Where the parking lot is adjacent to a side or rear property
line or to an alley, a landscaped buffer at least five (5) feet wide is required. The
required width of landscaped buffers is exclusive of curbing or allowance for vehicle
overhang and is measured from the property line or street or alley right -of -way line .
(3) All landscaped areas shall be completely enclosed by a four -inch continuous
concrete curb. At any point where a curb around a landscaped area serves as a
wheel stop, a vehicle overhang allowance of two (2) feet including the width of the
curb shall be ad ded to the landscaped area.
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(7) Ranks of fifteen (15) or more parking spaces shall be interrupted by a landscaped
area at least three (3) feet wide exclusive of curbs at intervals no greater than ten
(10) spaces.
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ARTICLE I. - DIVISION 5 . NONCONFOR MING BUILDINGS, LOTS AND USES
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Sec. 29.10.190. - Cessation of nonconforming uses.
If a nonconforming use does not involve occupancy of a building and is discontinued for thirty
(30) consecutive days, the use shall not be resumed. If a nonconforming use involves
occupancy of a building and is discontinued for one hundred eighty (180) consecutive days,
the use shall not be resumed, except as provided in section 29.10.210. Token use does not
toll or interrupt a period of discontinuance.
Sec. 29.10.195. - Termination of nonconforming use status.
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b) The following nonconforming uses shall cease at the end of the following time periods:
(1) A junkyard shall cease ninety (90) days from the date it becomes nonconforming.
(2) Where there are improvements on land, but of a type for which no building permit
would currently be required, the nonconforming use shall cease three (3) years from
the date the use becomes nonconforming.
(3) Where the land is improved with one (1) or more structures of a type for which a
building permit would currently be required and the structure(s) are utilized in
connection with the nonconforming use, nonconforming use shall cease twenty (20)
years from March 23, 1966, or twenty (20) years from the date the use became
nonconfor ming, whichever is later.
(4) When a zoning amendment is adopted after 1981 that causes a use to be
nonconforming solely by subjecting it to the requirement of obtaining a conditional
use permit, all uses affected by the amendment shall apply for a use p ermit within
sixty (60) days after the amendment becomes effective. Failure to make such
application within that time shall make the subject use immediately unlawful
(5) A business engaged in the retail sales [of] firearms and/or destructive devices shal l
cease four (4) years from the date it becomes nonconforming.
].[
Sec. 29.10.200. - Duration of nonconforming building status.
a) A nonconforming office, commercial or industrial building located in a residential zone
shall, by demolition, removal or alteration be made to conform with the rules of the zone
when the building is older than shown on the following schedule:
(1) UBC Typ e 4 or 5 buildings ..... 25 years
(2) UBC Type 2 or 3 buildings ..... 40 years
(3) UBC Type 1 buildings ..... 50 years ].[
Sec. 29.10.245. - Expansion of nonconforming building.
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e) The following requirements apply to any expansion of a nonconforming building allowed
under this section:
].[
(8) No nonconforming building described in section 29.10.200 shall be enlarged,
extended, reconstructed or structurally altered, unless such bu ilding is altered to
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comply with the regulations of the zone where it is located. Work involving ordinary
structural alterations or replacement of walls, fixtures or plumbing shall be
authorized on such buildings when the cost of the work in any twelve -mon th period
does not exceed fifty (50) percent of the building's value. Value is the estimated cost
to replace the building in kind, and is determined by the Building Official.
].[
Sec. 29.10.255. - Work on buildings.
Except as provided in section 29.10.245, no nonconforming building subject to the provisions
of section 29.10.200 shall be enlarged, extended, reconstructed or structurally altered, unless
such building is altered to comply with the regulations of the zone where it is located. Work
inv olving ordinary structural alterations or replacement of walls, fixtures or plumbing shall be
authorized on such buildings when the cost of the work in any twelve -month period does not
exceed fifty (50) percent of the building's value. Value is the estimat ed cost to replace the
building in kind, and is determined by the Building Official. The provisions of this section do
not forbid the rebuilding or restoration of a destroyed nonconforming building when
authorized by the provisions of section 29.10.260. ].]
ARTICLE I. - DIVISION 6 . HOUSING ASSISTANCE PROGRAM
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Sec. 29.10.3025. - Scope.
The Below Market Price Program requirements shall apply to all residential development
projects that include five (5) or more residential units or parcels which involve:
1. New construction of ownership or rental housing units, including mixed use
developments and addition of units to existing projects, or
2. Subdivision o f property for single family or duplex housing development, or
3. Conversion of rental apartments to condominiu ms or other common interest
ownership, or
4. Conversion o f non -residential use to residential use.
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The residential developments consisting of five (5) or more units are required to provide the
following number of BMP units:
(1) Projects containing five (5) or more but less than twenty (20) market rate units must
provide a number of BMP units equal to ten (10) percent of the number of market rate
units.
(2) Projects with from twenty (20) to one hundred (100) market rate units must provide
BMP units as determined b y the following formula:
Number of BMP units = .225 (total # of market rate units) - 2.5
(3) All projects in excess of one hundred (100) market rate units must provide a number of
BMP units equal to twenty (20) percent of the market rate units.
].[
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ARTICLE I. - DIVISION 7 . ACCESSORY DWELLING UNITS
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Sec. 29.10.320. – New accessory dwelling units.
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b) Design and development standards.
(1) Number . Only one (1) accessory dwelling unit may be permitted on a lot. No
additional accessory dwelling unit is allow ed upon a lot with an existing accessory
dwelling unit.
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(3) Setbacks . Attached accessory dwelling units shall comply with the setbacks of the
zone for a primary dwelling unit.
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Detached accessory dwelling units shall comply with the following minimum
setbacks:
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b. Rear and s ide setbacks of five (5) feet in the R -1, R -D, R -M, and R -1D zones.
c. Setbacks f rom any other structure located on the same lot of five (5) feet.
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(4) Height . Accessory dwelling units shall not exceed one (1) story in height, and shall
not exceed fifteen (15) feet in height, unless the accessory dwelling unit is contained
within the existing two -story space of a primary dwelling unit or accessory structure;
ad ded to an existing two -story primary dwelling unit; or added above an existing
one -story accessory structure on a property with an existing two -story primary
dwelling unit in the R -1, R -D, R -M, and R -1D zones.
(5) Maximum unit size and maximum number of bedro oms . The maximum floor area of
an accessory dwelling unit is 1,200 square feet. The maximum number of bedrooms
is two (2).
].[
Sec. 29.10.32 5 . – Nonconforming units.
].[
c) Number . A maximum of two (2) nonconforming accessory dwelling units are allowed on a
single lot. All other accessory dwelling units on the property must be abated. ].[
ARTICLE II. - DIVISION 3 . APPROVALS
].[
Sec. 29.20.150. - Considerations in review of applications.
].[
(9) Considerations relating to the location of a hazardous waste management facility . A
hazardous waste facility shall not be located closer than five hundred (500) feet to any
residentially zoned or used property or any property then being used as a public or
private school primarily educating persons under the a ge of eighteen (18). An
13
application for such a facility will require an environmental impact report, which may be
focused through the initial study process.
].[
ARTICLE IV. - RESIDENTIAL ZONES
].[
ARTICLE IV. – DIVISION 1. GENERALLY
Sec. 29.40 .015 . – Accessory buildings .
In residential zones (defined by section 29.40.010), accessory structures (excluding horse
barns and shelters), located on the same site with a permitted use, including private garages
and carports, studios for private use, garden structures, greenhouses, hobby shops,
recreation rooms and free -standing patio covers are allowed if such accessory structures:
A. (1) Are not over fifteen (15) feet high and are no more than one (1) story. Lofts
which do not have sufficient headroom for occupancy are permitted for storage
use only.
(2) Are not in a required front or side yard.
(3) Are at least five (5) feet from any other structure located on the same lot.
(4) Are at least five (5) feet from any property line, except in the R -M zone where no
setback is required by this subsection (4).
(5) Do not occupy more than fifteen (15) percent of the lot, to be calculated
exclusive of the required building setbacks. Any accessory structures exceeding a
combined square footage of fou r hundred fifty (450) square feet shall be subject
to the Administrative Procedure for Minor Residential Projects.
].[
Sec. 29.40.030. - Fences, hedges and walls.
a) In residential zones, fences, hedges, and walls not over six (6) feet high are allowed on or
within all property lines, except that no owner or occupant of any corner lot or premises
in the Town shall erect or maintain upon such lot or premises any fence, hedge or wall
higher than three (3) feet above the curb in a traffic view area unless a permit is secured
from the Town Engineer . A traffic view area is the area which is within fifteen (15) feet of
a public street and within two hundred (200) feet of the right -of -way line of an
intersection. Barbed wire or razor ribbon wire is prohibited in all zones.
b) The following exceptions shall apply:
(1) Properties within historic districts or have a Landmark and Historic Preservation
Overlay shall not have fences, hedges, and walls higher than three (3) feet in a front
yard except as provided in subsection 29.40.030(b)(2). Any fence, hedge or wall
erected in a front yard shall be of open design.
(2) Gateways or entryway arbors may be higher than six (6) feet in any zone including
historic districts and shall be of open design but in no case shall a gateway or
entryway arbor be higher than eight (8) feet, have a width greater than six (6) feet,
or have a depth greater than four (4) feet. All gateways and entryway arbors shall be
14
constructed of open design. No more than one (1) gateway or entry arbor per street
frontage is allowed. ].[
Sec. 29.40.040. - Pa tio covers.
In residential zones, patio covers may be permitted to project into the required rear yard, but
shall cover no more than forty (40) percent of the yard.
Sec. 29.40.045. - Height determination on sloping lots.
Where the slope of a lot (measured in the general direction of the lot lines) is greater than
one (1) foot rise or fall in seven (7) feet of horizontal distance from the street elevation at the
property line, building height is limited to a plane parallel to the surface of the ground
unalt ered by grading (including excavation) for the building in question. The plane is at an
elevation set by the rules of each zone. Building height is measured vertically from the grade
to the highest point of the coping of a flat roof (slope one (1) in twelv e (12) or less), or the
deck line of a mansard roof, or to the highest gable of a pitched or hip roof. ].[
Sec. 29.40.060. - Front yard sloping lot.
Where the elevation of the ground, at a point fifty (50) feet from the front line of a lot and
midway between the side lines, differs ten (10) feet or more from the curb level, or where
the slope (measured in the general direction of the side lot lines) is twenty (20) percent or
more on at least one -quarter of the depth of the lot, the front yard is reduce d to fifty (50)
percent of that required in the zone. ].[
Sec. 29.40.070. - Projections allowed into yards.
].[
d) Open, unenclosed porches, not covered by a roof or canopy, less than four (4) feet above
grade may project into front, side or rear yards o r into any court up to six (6) feet; but in
no case shall the projection into a side yard be closer than six (6) feet to the property line
or into a court exceed a distance of more than twenty (20) percent of the width of such
court. ].[
Sec. 29.40.075. - Floor area ratio.
].[
b) The FAR applies to those lots developed or proposed to be developed with a single - or
two -family dwelling in all residential zones (except the RC and HR zones). The following
standards shall be used to regulate new construction:
(1) The allowable FAR for all structures, excluding garages, on lots between five
thousand (5,000) square feet and thirty thousand (30,000) square feet shall be
determined by the formula:
FAR = .35 - ( A -5
_____
25
× .20 )
where:
15
FAR is the floor area ratio.
A is the net lot area in thousands of square feet (for example, 7,500 square feet
is written as 7.5).
(2) The allowable FAR for a garage on lots between five thousand (5,000) square feet
and thirty thousand (30,000) square feet shall be det ermined by the formula:
FAR = .10 - ( A -5
_____
25
× .07 )
where:
FAR is the floor area ratio.
A is the net lot area in thousands of square feet (for example, 7,500 square feet
is written as 7.5).
(3) The allowable floor area ratio for all structures, excluding up to four hundred (400)
square feet of garage space, on any lot containing less than five thousand (5,000)
square feet shall be determined by the formula:
Floor Area Ratio = .40 - ( A -2
_____
3
× .05 )
].[
d) Any lot containing more than thirty thousand (30,000) square feet shall be exempt from
the floor area ratio limitations. ].[
ARTICLE IV. – DIVISION 2 . RC ZONE
].[
Sec. 29.40.170. - Development standards.
(a) Height. The maximum height of any principal building in a RC zone is thirty (30) feet.
The height shall be measured as provided in section 29.40.045 and is subject to the
exception listed in section 29.10.090.
(b) Lot area. The minimum lot area is twent y (20) acres.
(c) Yards. The minimum yards in RC zones shall be as follows:
(1) Front ..... 30 feet
(2) Side ..... 20 feet
(3) Rear ..... 25 feet
(4) Side abutting street ..... 20 feet ].[
16
ARTICLE IV. – DIVISION 3. HR ZONE
].[
Sec. 29.40.245. - Density.
An ordinance zoning property HR must set one (1) of the following density ranges:
(1) HR -1 (one (1) to five (5) acres for each dwelling unit).
(2) HR -2½ (two and one -half (2½) to ten (10) acres for each dwelling unit).
(3) HR -5 (five (5) to forty (40) acres for each dwelling unit).
(4) HR -20 (twenty (20) to one hundred sixty (160) acres for each dwelling unit).
Sec. 29.40.250. - Density formulae.
(a) The minimum land area required for each dwelling unit in any subdivision is determined
by the following slope density regulations:
(1) The average slope of land proposed to be subdivided is determined according to
the formula:
where:
S is the average slope in percent (for example, 40% is written 40.0).
I is the contour interval in feet.
L is the combined length of contour lines in feet.
A is the gross area in acres of the parcel, not including the right -of -way of existing
public roads.
A topographic map shall be used which meets the requirements for obtainin g
approval of tentative maps.
Contour intervals shall not exceed ten (10) feet.
(2) Slope density. The minimum land area for each dwelling unit shall not be less than
"a" as determined by the following formulae:
HR -1 a = 1
_______
1 - .016S
HR -2½ a = the greater of 1
_______
.6893 - .011786S
or 2.5
S = .0023 IL
_______
A
17
HR -5 a = 1
_______
.24375 -.004375S
HR -20 a = 1
_______
.0609375 -.00109375S
When the average slope is in excess of fifty (50) percent, the minimum land area for
each dwelling unit is as follows:
HR -1 ..... 5 acres
HR -2½ ..... 10 acres
HR -5 ..... 40 acres
HR -20 ..... 160 acres ].[
Sec. 29.40.260. - Lot area.
The minimum lot area in an HR zone (not to be confused with the required minimum land
area for each dwelling unit) is forty thousand (40,000) square feet.
Sec. 29.40.265. - Lot width.
The minimum lot width in an HR zone is one hundred (100) feet.
Sec. 29.40.270. - Yards.
The minimum yards in HR zones shall be as follows:
(1) Front ..... 30 feet
(2) Side ..... 20 feet
(3) Rear ..... 25 feet
(4) Side abutting street ..... 20 feet
Sec. 29.40.275. - Height.
The maximum height of any principal building in an HR zone is thirty (30) feet. The height
shall be measured as provided in section 29.40.045 and is subject to the exception listed in
section 29.10.090. ].[
ARTICLE IV. – DIVISION 4. R -1 ZONE
].[
Sec. 29.40.395. - Lot area.
An ordinance zoning property R -1 must set one (1) of the following minimum lot areas
(square feet):
18
R -1: 8,000 R -1: 15,000
R -1: 10,000 R -1: 20,000
R -1: 12,000 R -1: 30,000
Sec. 29.40.400. - Lot frontage and depth.
The following are the frontage and depth requirements for lots in the R -1 or single -family
residential zone:
Zone Frontage Interior Lot Frontage Corner Lot Depth
R -1: 8,000 60 ft. 80 ft. 90 ft.
R -1: 10,000 80 ft. 90 ft. 100 ft.
R -1: 12,000 90 ft. 95 ft. 100 ft.
R -1: 15,000 100 ft. 100 ft. 100 ft.
R -1: 20,000 100 ft. 115 ft. 140 ft.
R -1: 30,000 100 ft. 120 ft. 145 ft.
(1) The minimum frontage for a lot on a cul -de -sac bulb is thirty (30) feet and the minimum
width is sixty (60) feet.
(2) The minimum depth of lots facing or backing on freeways, arterials, railroad rights -of -
way, schools or parks is one hundred twenty -five (125) feet.
(3) The frontage for lots on the outside of a street curve with a deflection angle of seventy -
five (75) degrees or more may be reduced to as low as thirty (30) feet dependent on the
radius of curvature.
Sec. 29.40.405. - Yards.
(a) Minimum front, side and rear yards in a R -1 or single -family residential zone shall be as
follows:
19
Lot Area Front Yard Side Yard Rear Yard Side Yard
Abutting Street
R -1: 8,000 25 ft. 8 ft. 20 ft. 15 ft.
R -1: 10,000 25 ft. 10 ft. 20 ft. 15 ft.
R -1: 12,000 25 ft. 10 ft. 20 ft. 15 ft.
R -1: 15,000 25 ft. 12 ft. 25 ft. 15 ft.
R -1: 20,000 30 ft. 15 ft. 25 ft. 20 ft.
R -1: 30,000 30 ft. 16 ft. 25 ft. 20 ft.
(b) Where an entire side of a block is being developed at one (1) time, the minimum front
yard requirements may be reduced by five (5) feet to create a staggered building line,
provided the average of the front yards equals the requirements of this section.
Sec. 29.40.410. - Height.
The maximum height of any principal building in a R -1 or single -fa mily residential zone is
thirty (30) feet. The height shall be measured as provided in section 29.40.045 and is subject
to the exception listed in section 29.10.090.
Sec. 29.40.415. - Lot area coverage.
Maximum building coverage on a lot in a R -1 or single -family residential zone, including any
type of accessory building, is forty (40) percent. ].[
ARTICLE IV. – DIVISION 5. R -D ZONE
].[
Sec. 29.40.520. - Lot area.
The minimum lot area in the R -D or duplex residential zone is eight thousand (8,000) square
feet.
Sec. 29.40.525. - Lot frontage and depth.
The following are the frontage and depth requirements for lots in a R -D or duplex residential
zone:
(1) The minimum lot frontage for interior lots is sixty (60) feet and for corner lots is eighty
(80) feet. The minimum lot depth is one hundred (100) feet.
(2) The minimum frontage for a lot on a cul -de -sac bulb is thirty (30) feet and the minimum
lot width is sixty (60) feet.
(3) The minimum depth of lots facing or backing on freeways, arterials, railroad rights -of -
way, schools or parks is one hundred twenty -five (125) feet.
20
(4) The frontage for lots on the outside of a street curve with a deflection angl e of seventy -
five (75) degrees or more may be reduced to as low as thirty (30) feet dependent on the
radius of curvature.
Sec. 29.40.530. - Yards.
Minimum front, side and rear yards in a R -D or duplex residential zone shall be as follows:
(1) Front ..... 25 feet
(2) Side ..... 8 feet
(3) Rear ..... 20 feet
(4) Side abutting street ..... 15 feet
Sec. 29.40.535. - Height.
The maximum height of any principal building in a R -D or duplex residential zone is thirty (30)
feet. The height shall be measured as provided in section 29.40.045 and is subject to the
exception listed in section 29.10.090.
Sec. 29.40.540. - Lot area coverage.
Maximum building coverage on a lot in a R -D or duplex residential zone, including any type of
accessory building, is forty (40) percent. ].[
ARTICLE IV. – DIVISION 6. R -M ZONE
].[
Sec. 29.40.620. - Lot width.
Minimum lot width in a R -M or multiple -family residential zone is sixty (60) feet.
Sec. 29.40.625. - Lot area.
The minimum lot area in the R -M or multiple -family residential zone is eight thousand (8,000)
square feet.
Sec. 29.40.630. - Density.
An ordinance zoning property R -M must set one (1) of the following density ranges in terms
of dwelling units:
(1) R -M:5 -12 (five (5) to twelve (12) dwelling units per net acre).
(2) R -M:5 -20 (five (5) to twenty (20) dwelling units per net acre). ].[
Sec. 29.40.640. - Location of buildings and courts.
The following are the location restrictions for buildings and lots in a R -M or multiple -family
residential zone:
(1) The minimum distance between main buildings is twenty -four (24) feet; provided, that
there shall be at least forty (40) feet between any wall of a main building containing
living room windows and any other wall of a main building.
(2) Courts shall have a minimum of twenty (20) feet between opposing walls; provided that
if one (1) of the opposing walls contains:
21
a. Living room windows, the minimum distance between such opposing walls is forty
(40) feet.
b. Bedroom windows, the minimum distance between such opposing walls is twenty -
four (24) feet.
Sec. 29.40.645. - Yards.
Minimum front, side and rear yards in a R -M or multiple -family residential zone shall be as
follows:
(1) Front ..... 25 feet
(2) Rear ..... 20 feet
(3) Side, single -family and two -family dwellings ..... 8 feet
(4) Side, multiple -family dwellings ..... 10 feet
Provided that if the wall facing the side yard contains:
a. Bedroom windows ..... 12 feet
b. Living room windows ..... 20 feet
(5) Side abutting street ..... 20 feet
Sec. 29.40.650. - Height.
The maximum height of any principal building in a R -M or multiple -family residential zone is
thirty (30) feet, except when the building has below grade parking the maximum is thirty -five
(35) feet. The height shall be measured as provided in section 29.40.045 and is subject to the
exception listed in section 29.10.090.
Sec. 29.40.655. - Lot area coverage.
Maximum building coverage on a lot in a R -M or multiple -family residential zone, including
any type of ac cessory building, is forty (40) percent.
Sec. 29.40.660. - Recreational open space for multiple -family dwellings.
For multiple -family dwellings other than residential condominiums there shall be a total open
space area of two hundred (200) square feet for each dwelling unit, usable for outdoor
activities. ].[
ARTICLE IV. – DIVISION 7. R -1D ZONE
].[
Sec. 29.40.735. - Lot area.
The minimum lot area for a lot in a R -1D or single -family residential downtown zone shall be
as follows:
(1) Five thousand (5,000) square feet for single -family dwelling s.
(2) Eight thousand (8,000) square feet for two -family dwelling s.
Sec. 29.40.740. - Yards.
Minimum front, side and rear yards in a R -1D or single -family residential downtown zone
shall be as follows:
(1) Front .... 15 f eet
22
(2) Rear .... 20 fe et
(3) Side .... 5 f eet
(4) Side abutting street .... 10 f eet
Sec. 29.40.745. - Height.
The maximum height of any building in a R -1D or single -family residential downtown zone is
thirty (30) feet. ].[
ARTICLE IV. – DIVISION 8 . R MH ZONE
].[
Sec. 29.40.845. - Lot area.
The minimum lot area in a RMH or mobile home residential zone is five (5) acres.
Sec. 29.40.850. - Density.
The maximum density on a zoning plot in a RMH or mobile home residential zone shall not
exceed twelve (12) dwelling units pe r net acre.
Sec. 29.40.855. - Yards.
Minimum front, side and rear yards in a RMH or mobile home residential zone shall be as
follows:
(1) Front .... 2 5 feet
(2) Side .... 8 f eet
(3) Rear .... 20 f eet
(4) Side abutting street .... 15 f eet
Sec. 29.40.860. - Height.
The maximum height of any principal building in a RMH or mobile home residential zone is
thirty (30) feet. The height shall be measured as provided in section 29.40.045 and is subject
to the exception listed in section 29.40.090.
Sec. 29.40.865. - Lot area coverage.
Maximum building coverage, in a RMH or mobile home residential zone, including mobile
homes and any type of accessory building, is forty (40) percent.
Sec. 29.40.870. - Recreational open space for mobile home parks.
In a RMH or mobile home resid ential zone, there shall be a total open space area of two
hundred (200) square feet for each dwelling unit, usable for outdoor activities. ].[
ARTICLE V. - NONRESIDENTIAL ZONES
].[
Sec. 29.50.055. - Projections allowed into yards.
a) A porte cochere may be permitted over a driveway in a side yard, provided that it is not
more than one (1) story high and twenty -four (24) feet long, with supporting columns a
23
minimum of three (3) feet from the side lot line with a maximum eave length of twelve
(12) inch es, and is entirely open on at least three (3) sides, except for the necessary
supporting columns and customary architectural features.
b) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys or other similar
architectural features may exten d or project into a required side yard not more than
twenty -four (24) inches and may extend or project into a required front or rear yard not
more than thirty (30) inches.
c) Open, unenclosed stairways, or landing places, not covered by a roof or canopy, may
extend or project into a required rear yard not more than four (4) feet.
Sec. 29.50.060. - Floor area ratio.
].[
b) The FAR applies to those lots developed or proposed to be developed with a single - or
two -family dwelling in all nonresidential zones. The following standards shall be used to
regulate new construction:
(1) The allowable FAR for all structures, excluding garages, shall be determined by the
formula:
FAR = .35 - ( A -5
_____
25
× .20 )
where:
FAR is the floor area ratio.
A is the net lot area in thousands of square feet (for example, 7,500 square
feet is written as 7.5).
(2) The a llowable FAR for a garage shall be determined by the formula:
FAR = .10 - ( A -5
_____
25
× .07 )
where:
FAR is the floor area ratio.
A is the net lot area in thousands of square feet (for example, 7,500 square
feet is written as 7.5).
(3) Any l ot containing less than five thousand (5,000) square feet or more than thirty
thousand (30,000) square feet shall be exempt from the floor area ratio limitations.
].[
ARTICLE VI. - OFFICE AND COMMERCIAL ZONES
].[
ARTICLE V I . – DIVISION 2 . O ZONE
].[
24
Sec. 29.60.095. - Lot area.
The minimum lot area in an O or office zone is eight thousand (8,000) square feet.
Sec. 29.60.100. – Yards .
Minimum front, side and rear yards in an O or office zone shall be as follows:
(1) Front .... 25 f eet
(2) Side .... 10 f eet
(3) Rear .... 20 f eet
(4) Side abutting street ..... 15 f eet
(5) A six -foot high masonry wall is required along any property line abutting a residentially -
zoned lot.
Sec. 29.60.105. - Height.
The maximum height of any principal building in an O or office zone is thirty -five (35) feet,
and of any accessory building is fifteen (15) feet.
Sec. 29.60.110. - Lot area coverage.
Maximum building coverage of a lot in an O or office zone, including any type of accessory
building, is forty (40) percent.
Sec. 29.60.115. - Buildings located in a parking assessment district.
a) The floor area ratio for all new buildings or expansion of the gross floor area of an existing
building located in a par king assessment district shall not exceed sixty -hundredths.
].[
ARTICLE V I . – DIVISION 3 . C -1 ZONE
].[
Sec. 29.60.225. - Yards.
Minimum front, side and rear yards in a C -1 or neighborhood commercial zone shall be as
follows:
(1) Front .... 15 feet
(2) Side .... None required
(3) Rear .... None required
(4) Side abutting street .... 15 feet
(5) The following minimum yard requirements apply along those property lines of a lot in
the C -1 zone which abut or are across the street from a lot in a residential zone:
a. Front .... 25 f eet
25
b. Side abutting street .... 15 f eet
c. Side or rear .... 20 f eet
Plus one (1) foot for each foot of building height over twenty (20) feet. A six -foot
high masonry wall is required along the property line.
Sec. 29.60.230. - Height.
The maximum height of any building in a C -1 or neighborhood commercial zone is thirty -five
(35) feet.
Sec . 29.60.235. - Lot area coverage.
Maximum building coverage of a lot in a C -1 or neighborhood commercial zone, including any
type of accessory building, is fifty (50) percent of the lot area.
Sec. 29.60.240. - Buildings located in a parking assessment district.
a) The floor area ratio for all new buildings or expansion of the gro ss floor area of an existing
building located on a parking assessment district shall not exceed sixty -hundredths.
].[
ARTICLE V I . – DIVISION 4 . C -2 ZONE
].[
Sec. 29.60.335. - Yards.
Minimum front, side and rear yards in a C -2 or central business district commercial zone shall
be as follows:
(1) Front or side abutting street .… 10 feet
].[
(2) Side .… None required
(3) Rear .… None required
(4) The following minimum yard requirements apply along those property lines of a lot in
the C -2 zone which abut or are across the street from a lot in a residential zone:
a. Front .... 15 feet
b. Side abutting street .... 15 feet
c. Side or rear .... 20 feet
Plus one (1) foot for each foot of building height over twenty (20) feet. A six -foot high
masonry wall is required along the property line.
].[
26
S ec . 29.60.340. - Height.
The maximum height of any building in a C -2 or central business district commercial zone is
forty -five (45) feet.
Sec. 29.60.345. - Maximum floor area ratio.
a) The floor area ratio for all new buildings in a C -2 or central business district commercial
zone, or expansion of gross floor area of an existing building, shall not exceed sixty -
hundredths.
].[
ARTICLE V I . – DIVISION 5 . CH ZONE
].[
Sec. 29.60.435. - Yards.
Minimum front, side and rear yards in a CH or restricted highway commercial zone shall be as
follows:
(1) Front .... 15 feet
(2) Side .... None required
(3) Rear .... None required
(4) Side abutting street .... 15 feet
(5) The following minimum yard requirements apply along those property lines of a lot in
the CH zone which abut or are across the street from a lot in a residential zone:
a. Front .... 25 f eet
b. Side .... 15 f eet
c. Rear .... 20 f eet
Plus one (1) foot for each foot of building height over twenty (20) feet. A six -foot
high masonry wall is required along the property line.
Sec. 29.60.440. - Height.
The maximum height of any building in a CH or restricted highway commercial zone is thirty -
five (35) feet.
Sec. 29.60.445. - Lot area coverage.
Maximum building coverage of a lot in a CH or restricted highway commercial zone, including
any type of accessory building, is fifty (50) percent.
ARTICLE VII. - INDUSTRIAL ZONES
].[
27
ARTICLE V II . – DIVISIO N 2 . LM ZONE
].[
Sec. 29.70.120. - Area and width.
The minimum lot area in a LM or commercial -industrial zone is eight thousand (8,000) square
feet; and the minimum lot width is fifty (50) feet.
Sec. 29.70.125. - Yards.
Minimum front, side and rear yards in a LM or commercial -industrial zone shall be as follows:
(1) Front .... 15 feet
(2) Side .... None required
(3) Rear .... None required
(4) Side abutting street .... 15 feet
(5) The following minimum yard requirements apply along those property lines of a lot in
the LM zone which abut or are across the street from a lot in a residential zone:
a. Front .... 25 fe et
b. Side abutting street .... 15 f eet
c. Side or rear .... 20 f eet
Plus one (1) foot for each foot of building height over twenty (20) feet. A six -fo ot
high masonry wall is required along the property line.
Sec. 29.70.130. - Height.
The maximum height of any building in a LM or commercial -industrial zone is thirty -five (35)
feet.
Sec. 29.70.135. - Lot area coverage.
Maximum building coverage of a lot in a LM or commercial -industrial zone, including any type
of accessory building, is fifty (50) percent.
ARTICLE V II . – DIVISION 3 . CM ZONE
].[
Sec. 29.70.230. - Area.
The minimum lot area in a CM or controlled -manufacturing zone is forty thousand (40,000)
square feet.
Sec. 29.70.235. - Yards.
Minimum front, side and rear yards in a CM or controlled -manufacturing zone shall be as
follows:
28
(1) Front or side
abutting street
....
25 feet, plus one (1) foot for each foot of building
height over twenty (20) feet.
(2) Side .... 25 feet
(3) Rear .... None, except when adjacent to a residential zone,
then twenty (20) feet minimum plus one (1) foot for
each foot of building height over twenty (20) feet.
(4) A six -foot high masonry wall is required along any property line which abuts a lot in a
residential zone.
Sec. 29.70.240. - Height.
The maximum height of any building in a CM or controlled -manufacturing zone is thirty -five
(35) feet.
Sec. 29.70.245. - Lot area coverage.
Maximum building coverage of a lot in a CM or controlled -manufacturing zone, including any
type of accessory building, is fifty (50) percent.
].[
ARTICLE V III . – DIVISION 5 . AFFORDABLE HOUSING OVERLAY ZONE
].[
Sec. 29.80.520. - Qualification.
In order to qualify for the benefits of this overlay zone, residential development projects shall
comply with all of the following:
a) Include the following minimum percentage of total units in the development with rents or
sales prices that are restricted to the area median income household afford ability levels
noted below. The income limits shall be established based on the current year area
median income for Santa Clara County as set by the appropriate State or Federal
government housing agencies.
Required unit affordability levels
Site Very
Lo w and
Below
Low Moderate Above
Moderate
Southbay Development
(APN 424 -32 -077)
35% 20% 25% 20%
29
Los Gatos Lodge
(APN 529 -24 -032)
35% 20% 25% 20%
Los Gatos Lodge
(APN 529 -24 -001)
35% 20% 25% 20%
Higgins Business Park
(APN 529 -16 -071)
35% 15% 30% 20%
Los Gatos Oaks Apt.
(APN 529 -16 -042)
25% 25% 30% 20%
].[
c) Ensure that affordable units are deed -restricted for a period of not less than fifty -five (55)
years, or for the longest feasible time. ].[
Sec. 29.80.540. - Affordable housing overlay zones general development standards.
Proposed development within the affordable housing overlay zones shall be designed and
constructed in conformity with the development standards in Table 1A (Overlay Zones
Development Standards) and Table 1B (Overlay Zones Dev elopment Setbacks).
Table 1A (Overlay Zones Development Standards)
Site Maximum
Lot
Coverage
Maximum
Height Limit (ft) 1
Density
Units Per
Acre
Parking Ratio 2
Southbay
Development
(APN 424 -32 -077)
40% 30 feet w/
separate
garage;
35 feet w/
integrated garage
20 0 —1 bedroom: 1
space
2 —3 bedrooms: 2
spaces
4+ bedrooms: 2.5
spaces
Los Gatos Lodge
(APN 529 -24 -032)
40% 30 feet w/
separate
garage;
35 feet w/
integrated garage
20 0 —1 bedroom: 1
space
2 —3 bedrooms: 2
spaces
4+ bedrooms: 2.5
spaces
Los Gatos Lodge
(APN 529 -24 -001)
40% 30 feet w/
separate
garage;
20 0 —1 bedroom: 1
space
2 —3 bedrooms: 2
30
35 feet w/
integrated garage
spaces
4+ bedrooms: 2.5
spaces
Higgins Business Park
(APN 529 -16 -071)
40% 30 feet w/
separate
garage;
35 feet w/
integrated garage
20 0 —1 bedroom: 1
space
2 —3 bedrooms: 2
spaces
4+ bedrooms: 2.5
spaces
Los Gatos Oaks Apt.
(APN 529 -16 -042)
40% 30 feet w/
separate
garage;
35 feet w/
integrated garage
20 0 —1 bedroom: 1
space
2 —3 bedrooms: 2
spaces
4+ bedrooms: 2.5
spaces
1. Building height is increased to 35 feet for residential products that integrate the garage
on the first floor, underground or is constructed on a parking podium.
].[
Table 1B (Overlay Zones Development Setbacks)
Site Required Setbacks
Southbay Development
(APN 424 -32 -077)
25 ft. from Knowles Avenue property line;
40 ft. from Los Gatos Creek property line;
25 ft. from Southwest Property Line;
West and internal setbacks to be determined by
architecture and site review process
Los Gatos Lodge (APN 529 -24 -032) 25 ft. setback from Los Gatos -Saratoga Road property
line;
20 ft. setback from Los Gatos High School property line;
East property line setback adjacent to Bella Vista Avenue
maintained at 360 ft. topographic contour line or 15 ft.
whichever is greater;
20 ft. side and shared property line setbacks unless
combined with adjoining lodge parking lot parcel;
Internal setbacks to be determined by architecture and
site review process
31
Los Gatos Lodge (APN 529 -24 -001) 25 ft. set back from Los Gatos -Saratoga Road property
line;
20 ft. setback from Los Gatos High School property line;
East property line setback adjacent to Bella Vista Avenue
maintained at 360 ft. topographic contour line or 15 ft.
whichever is greater;
20 ft. sid e and shared property line setbacks unless
combined with adjoining lodge main complex parcel;
internal setbacks to be determined by architecture and
site review process
Higgins Business Park (APN 529 -16 -
071)
15 ft. side and shared property line setback adjacent to
Oak Rim site (unless combined with adjacent parcel);
10 ft. setback from Highway 17 property line;
East property line setback to be based on future
geologist's report.
East property line setbacks and internal setbacks to be
determined by arc hitecture and site review process
Los Gatos Oaks Apt. (APN 529 -16 -
042)
15 ft. side and shared property line setback adjacent to
Higgins site (unless combined with adjacent parcel);
10 ft. setback from Highway 17 property line;
25 ft. front setback on Blossom Hill Road;
Internal slope setbacks based on future geologist's report;
Internal setbacks determined by architecture and site
review process
].[
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