Ord 1363 - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE NO. 1363
ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF LOS GATOS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION 1.
Section 1.00.050 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 1.00.050 APPLICATION
The provisions of this Ordinance apply to all
property regardless of ownership, including to the extent
permitted by law, property owned by a governmental agency.
SECTION 2.
Section 1.00.070 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 1.00.070 USES PROHIBITED
All uses which are not authorized by this Ordinance
either by specific listing or by category are prohibited.
SECTION 3.
Section 1.00.080 is added to the .Zoning Ordinance of the Town
, of Los Gatos to read: -
SEC. 1.00.080 PROHIBITED USES LISTED
Notwithstanding the provisions of this Ordinance concerning
categories of allowed uses, the following uses are prohibited
in all zones:
Junk yard
Drive -in restaurant
Cemetery
Sex shop
Sex studio
Mobile home occupied as a dwelling except in a mobile
home park
Mobile home occupied for any purpose other than as a
dwelling, except temporarily as an office in connection
with and during construction work
Heavy industry
Airport
SECTION 4.
Section 2.00.055 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 5.
Section 2.00.095 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.095 BUSINESS OR COMMERCE
Business or commerce means the purchase, sale or other
transaction involving the handling or disposition of any
article, substance or commodity for either profit or livelihood,
regardless of whether there is any other motivation. The
activities normally conducted in office buildings, offices,
and in shops for the sale of personal services are included
in the meaning of business or commerce.
SECTION 6.
Section 2.00.205 of the Zoning Ordinance of the Town of Los ,
Gatos is amended to read:
SEC. 2.00.205 FAMILY DAY CARE HOME
A dwelling where day care is provided for children under
18 years of age who are unrelated to the licensee. A small
family day care home is for 6 or fewer children and a large
family day care home is for 7 -12 children. Both limitations
-2-
include the number of children residing in the dwelling
unit.
SECTION 7.
Section 2.00.210 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.210 FLOOR AREA, GROSS
Gross floor area means the entire area of all floors,
including basements and cellars, measured from the outer
face of exterior walls or in the case of party walls from
the centerline. Gross floor area includes any part of
exterior balconies or walkways above the ground floor required
for ingress and egress. Ornamental balconies and outside
unroofed corridors not required for ingress or egress are
excluded. The area of elevator shafts is excluded except
on the ground floor.
SECTION 8.
Section 2.00.215 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 9.
Section 2.00.220 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.220: GARAGE
An accessory structure or any part thereof designed or
used for parking or storing one or more vehicles.
SECTION 10.
Section 2.00.225 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
-3-
SEC. 2.00.225: GARAGE, REPAIR
A structure, or any part thereof, used for the commercial
repair or painting of vehicles.
SECTION 11.
Section 2.00.230 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.230 GARAGE, STORAGE
A structure, or any part thereof, used commercially for
the storage, parking or servicing of vehicles, but not the
repair thereof.
SECTION 12.
Section 2.00.260 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.260 HOSPITAL
An institution designed and operated to provide a full
range of diagnostic, surgical and therapeutic treatment to
the sick or injured, as well as short term recuperative
residency for patients. "Hospital" does not include convalescent,
nursing or rest homes defined in Section 2.00.150.
SECTION 13.
Section 2.00.345 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.345 MOTEL
A building or group of buildings containing individual
sleeping or living units, designed for use by either vehicular
tourists or transients, with garage attached or parking space
conveniently located to each unit, including auto courts,
Q
tourist courts, or motor lodges.
SECTION 14.
Section 2.00.370 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 15.
Section 2.00.402 is added to the Zoning Ordinance of the Town
of Los Gatos to reads
SEC. 2.00.402 RESIDENTIAL CARE FACILITY
A residential care facility is an establishment where
24- hour -a -day nonmedical care is provided to persons unrelated
to the licensee and residing there, who need personal services,
protection, supervision, assistance, guidance, and training
essential for sustaining their activities of life or for their
protection, when the establishment is a facility authorized,
certified, or licensed for such care pursuant to the provisions
of the California Community Care Facilities Act or other
applicable state law and when no medical care is provided
other than such incidental care that is permitted without
additional authorization, certification or licensing pursuant
to state law.
A small family home is a residential care facility in
the dwelling of a licensee in which care or supervision is
provided for 6 or fewer persons.
A large family home is a residential care facility in the
dwelling of a licensee in which care or supervision is provided
for 7 to 12 children or 7 to 15 adults.
A group home is a residential care facility of any capacity
-5-
where services are provided to a group of children or adults
who need or want care or supervision.
SECTION 16.
Section 2.00.405 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.405 RESTAURANT, DRIVE -IN
A restaurant where food or beverages is sold to be eaten
in vehicles whether on or off the premises or is delivered
directly to the occupants of vehicles.
SECTION 17.
Section 2.00.410 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 18.
Section 2.00.425 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.425 SERVICE STATION
A place where vehicles are serviced, when the services
are limited to the selling of petroleum products, tires,
batteries and accessories, servicing automobiles, trucks and
similar vehicles, including minor automotive repair, but
excluding auto body, fender, major engine repair or rebuilding, and
outside repairs of any kind, and excluding outside display of
goods, except for petroleum products.
SECTION 19.
Section 2.00.427 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 2.00.427 SEX SHOP
A store where implements or paraphernalia intended
for direct tactile sexual stimulation of human beings are sold.
SECTION 20.
Section 2.00.428 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 2.00.428 SEX STUDIO
A business that is sexually- oriented and provides what-is
commonly known as "adult" entertainment, activity or recreation,
including:
(a) Massage establishments or schools, excepting the
activities of licensed physicians, osteopaths,
registered nurses, physical therapists and chiropractors,
and of athletic trainers whose work is concerned with
the alleviation of the symptoms of athletic injury,
(b) Nude encounter studios,
(c) Nude adult exhibitions, live or otherwise, excepting
theatres,
(d) Peep shows,
(e) Adult escort services,
(f) Nude adult art or photography studios,
(g) Nude adult wrestling centers,
(h) Any business, use of land or occupation similar or
related to those listed in (a) through (g) .
SECTION 21.
Section 2.00.490 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 2.00.490: VEHICLE
Vehicle includes automobiles, buses, motorcycles, boats,
trailers, mobile homes, recreational vehicles, trucks, campers,
-7-
motorized construction equipment, tractors and similar
devices.
SECTION 22.
Section 3.05.030 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 3.05.030 RECREATIONAL OPEN SPACE FOR RESIDENTIAL
CONDOMINIUMS
The following standards apply to all residential
condominiums in all zones. Higher standards may be imposed
during the zoning approval process when the welfare of the
occupants requires higher standards.
(1) Private Open Space: Each ground floor dwelling
unit shall have a minimum of 200 square feet of outdoor
usable open space in the form of a single enclosed
patio or deck located essentially at the level of the
main living area. Each dwelling unit above the
ground floor shall have 12.0 square feet of outdoor
usable open space in the form of a balcony. For
purposes of this section, a multiple floor unit with the
lower floor on the ground level is treated as a
ground floor unit. The minimum horizontal dimension
for a patio is ten feet and for a balcony is six feet.
Private open space shall be suitably screened for
privacy of the occupant. Location and screening is
subject to review by the reviewing body.
(2) Community Recreation Space: In addition to the private
open space required by part (1), there shall be a total
MEM
community recreation area of at least 100 square feet
for each dwelling unit. This area is in addition to that
required for yards. The reviewing body shall determine
whether the location and amount of community recreation
space and facilities provided are appropriate for the
anticipated residents of the project.
(3) Location of Open Space: Private open space and community
recreation space may be located in required yards provided
the location is approved by the reviewing body, and provided
an equivalent land area is designated as community
recreation space elsewhere on the property.
SECTION 23.
Section 3.20.050 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.20.050 APPLICATIONS
The information on applications for tree removal permits
shall include the number and location of the trees to be
removed, showing the type of each and the reason for removal
of each. Applications for tree removal may be granted, denied,
or granted with conditions.
SECTION 24.
Section 3.29.010 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 25.
Section 3.30.040 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.30.040 PERMITS
Sign permits must be obtained before erection of all
signs, except as provided by Chapter 3.32. A building permit
may be required by another ordinance.
SECTION 26.
Section 3.30.050 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 27.
Section 3.31.075 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.31.075 DIRECTIONAL SIGN (VEHICULAR)
A vehicular directional sign is an off - premises sign
which shows the direction to or location of the civic center,
hospitals, public parking lots, and any publicly -owned
facility.
SECTION 28.
Section 3.31.077 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 3.31.077: DIRECTIONAL SIGN (PEDESTRIAN)
A ped6strian directional sign is an on- premises sign
which shows the direction to or location of a customer entrance
to a business.
SECTION 29.
Section 3.31.125 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
-10-
SEC. 3.31.125: NONCONFORMING SIGN
A nonconforming sign is one which was lawfully erected
but which does not comply with this Ordinance because of:
(1) Annexation of territory to the Town,
(2) Amendment to the Zoning Ordinance,
(3) Rezoning, other than rezoning when the application for
rezoning is made by or joined in by the owner of the
real property where the sign is located.
However, a sign which was lawfully erected but which does not
comply with this Ordinance because of:
(1) Division of real property where the sign is located,
(2) Alterations to any building on the lot, parcel or
zoning plot where the sign is located, or
(3) Rezoning, when the application for rezoning was made
by or joined in by the owner of the real property where
the sign is located,
is not a nonconforming sign. A sign may be a nonconforming sign
because of a single characteristic, such as height or brightness,
correction of which may result in conforming status for the sign,
or a new amortization date. This section does not list all
classes of signs which are not nonconforming signs.
SECTION 30.
Section 3.33.060 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.33.060 PORTABLE SIGNS
Portable signs and signs erected on parked vehicles or
trailers.
-11-
SECTION 31.
Section 3.35.060 of the Zoning Ordinance of the Town of Los
Gatos is amended - to read:
SEC. 3.35.060 SIGNS SUSPENDED FROM A MARQUEE
All signs suspended from a single marquee shall be
uniform in size, shape, placement and background color. Such
signs shall have a clearance of at least eight feet above grade.
SECTION 32.
The title of Chapter 3.37 of the Zoning Ordinance of the Town
of Los Gatos is amended to read:
CHAPTER 3.37
Signs which May Be Erected In
All Zones
SECTION 33.
Section 3.37.015 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.37.01:5 DIRECTIONAL SIGNS (VEHICULAR)
Non - illuminated vehicular directional signs not
exceeding six square feet in area, nor a height of ten feet,
and erected at least 100 feet from any other directional sign.
SECTION 34.
Section 3.37.017 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 3.37.017 DIRECTIONAL SIGNS (PEDESTRIAN)
For each customer entrance, one non - illuminated pedestrian
directional sign which does not exceed one square foot in area.
-12-
SECTION 35.
Section 3.38.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.38.030 NONRESIDENTIAL ZONES
The rules for nonresidential zones (defined by section
4.40.005) are specified in this section, and by number in
the following list, table and footnotes. Rules 1 and 2
govern the calculation of the area of attached signs for
each entity. Rules 3 through 9 govern the calculation of
the total area of all signs for each zoning plot. The
following paragraph applies to all nonresidential zones.
The numbered rules apply only where the table so indicates.
The maximum sign area for attached signs on any frontage
may not exceed the area derived from the calculation for that
frontage. Attached signs may be erected on any wall of the
building, however, the area of a sign on a wall that is not a
business frontage may not exceed 25% of the sign area predicated
on the primary business frontage. In addition, signs cannot
be erected on a nonbusiness frontage wall if the zoning plot
is contiguous to a residential zone and if the wall faces that
zone.
(1) Allowed sign area is one square foot for each lineal
foot of primary business frontage plus one square foot
for each lineal foot of secondary business frontage
provided that the sign area generated by each secondary
business frontage cannot exceed 50% of the sign area
generated by the primary business frontage.
-13-
(2) Allowed sign area, is one square foot for each
lineal foot of primary business frontage plus
one -half square foot for each lineal foot of
secondary business frontage.
(3) For vehicle sales the area of free - standing signs is
not restricted by any rule limiting total sign area
on the zoning plot.
(4) The total area of all signs on a zoning plot shall not
exceed one square foot of sign area for each lineal
foot of lot frontage.
(5) The total area of all signs on a zoning plot is
limited to the area derived from the business frontage
calculation.
(6) For shopping centers the area of a ground sign is not
restricted by any rule limiting total sign area on the
zoning plot.
(7) For shopping centers the area of a free - standing sign
is not restricted by any rule limiting total sign area
on the zoning plot.
(8) The area of time and temperature signs is not restricted
by any rule limiting total sign area.
(9) The area of any attraction board shall be included in
the calculation of the area of signs of the same class
and in the calculation of the total area of signs on
a zoning plot.
-14-
c .
m rn
c @
c
C U
@ L
N w
U a�
N O
W
@ C
O
O
u c
c -C
- v
urn O
- @ L
'o c
C 4 >
C O 01
C V
u N @
C O
c O U C
D C U "O
O @ @ C
L L @
C VI
@ N O N
L N
N O 'D L
> E Q )
@ U
-C w U •-
@ X @
T.L U/ C
E L -C .�
w U
w U 3 m
C: U @
c
U N C
UL O @
N
0, a v
C4 >
0 @
C
a L
a C
O rn C T
s •- o @
N nt E
^ N
m U
z z
-1.5-
^
0
X
N
^
v
E.0
x •X 4-•
y
oN
.°
x
v
w v
E N
c
c
z N
�'
c0
Z
p O Ln
O
O
'•
Z I-
U(
N
fn
U
U
O
N
N
O
(A
X
Of
�..
Ol
0
Of u
L,
N
O
LA
Ln
N
N
IL
Lr
l u 1
OD
W
O1
T �
!u�
X
X
X
X
N
N
N
M
X
X
W
0
N CO
U
�
c
N
N
1
X
X
X
X
N
-Zi
10
N
X
X
r 1
N
M
co
f
�
f
c �O
OD
^
0) T
V-0
1
x
X
x
X
N
N
,-�
0
Z O
O
- C
0-0
O V) O
O
- m
UN
w'
y
_
N
N
U
�'
L
VI U)
O
X
ut
N CO
7
N
N
^
K
N
L
O C N
7
c
LL U
Cl)
7
) -
>
u
U 1
1
7
Q U
4J
1
4- .�
c : C
:
4-
E W
O" 4-
U 4- F-
p•
c
O
@
O D @
+' O
O Z
-
m
N
E c
of
c
O O•
Cg ^ u,
a m -
v U,
a w @
v
N
o O
O
•L
� U
U
L�
4- O
m @
C LL @
Q1 @ -0
C LL @ N
Ql(n +
W 1._ 1 LL @
�I
�+ N.
U
O O Q
O U Q O
'0U' L L
N Q
A/
U C a�
N a ^
N a ^ N +-+
p a
N L L ^ L
h�•q
Cl
• J-�
C•^
•-- 4 • a
O O ut •-
"@ L- 7•-
O
L)
@
L @ @
U U u
a L U
L @ @ N
U U1 41 T L
�a L O @ •-
� N 1� @ @ O1
M®i aN O
+� O
@ d
Vl
p�q
VI
K O n g
U
L
° Q F
U
k4 Q �- °
U
U
U° Q
yN
4/
O
O
F®i O
�� c .. ..
-
U O
rj
-
®
U
F
ns �
4-
N
�ry
E�
E
E
, /E
U
.
v
a
m rn
c @
c
C U
@ L
N w
U a�
N O
W
@ C
O
O
u c
c -C
- v
urn O
- @ L
'o c
C 4 >
C O 01
C V
u N @
C O
c O U C
D C U "O
O @ @ C
L L @
C VI
@ N O N
L N
N O 'D L
> E Q )
@ U
-C w U •-
@ X @
T.L U/ C
E L -C .�
w U
w U 3 m
C: U @
c
U N C
UL O @
N
0, a v
C4 >
0 @
C
a L
a C
O rn C T
s •- o @
N nt E
^ N
m U
z z
-1.5-
SECTION 36.
Section 3.41.040 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 37.
Section 3.60.020 of the Zoning Ordinance of the Town of Los
Gatos - '.is repealed.
SECTION 38.
Section 3.60.030 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 39.
Section 3.60.060 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 3.60.060 INVESTIGATION
The Planning Director shall revoke home occupation permits
when this Ordinance or a condition of the permit is violated.
SECTION 40.
Section 4.10.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.10.010 ACCESSORY BUILDINGS
In. residential zones (defined by section 4.05.010),
accessory buildings located on the same site with a permitted use,
including private garages and carports, studios for private use,
garden structures, greenhouses, hobby shops, recreation rooms
and free - standing patio covers are allowed if such accessory
buildings:
(1) Are not over 15 feet high,
(2) Are not in a required front or side yard,
-16-
(3) Are at least five feet from any other structure
located on the same lot,
(4) Are at least five feet from any property line except
in the R--M zone where no setback is required by this
subsection (4),
(5) Do not occupy more than 15 per cent of the area of a
required rear yard, except in the R -M zone where there
is no limitation,
(6) When located on a reversed corner lot, do not project
beyond the front yard line required on the lot in the
rear of such lot,
(7) Breezeways may be used to provide shelter between buildings.
SECTION 41.
Section 4.10.050 of the zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.10.050 HEIGHT DETERMINATION FOR SLOPING LOTS
Where the average slope of a lot (measured in the general
direction of the lot lines) is greater than one foot rise or
fall in seven feet of horizontal distance from the established
street elevation at the property line, the maximum height and
number of stories for a building is set according to one of
the following rules. If Rule 1 is inapplicable the landowner
may elect whether to use Rule 2 or 3. As used in this section,
measurements taken from grade are made at the extreme front
or extreme rear of the building.
-17-
(1) On uphill slopes (from street), the maximum height specified
for the zone is measured from the rear grade. The height
measured from the front grade may be increased to exceed
that measured at the rear grade by ten feet. The number of
stories at the front may be increased to exceed that allowed
at the rear by one.
(2) On downhill slopes (from street), the maximum height specified
for the zone is measured from the front grade. The height
measured at the rear grade may exceed this maximum by ten
feet. The number of stories at the rear may be increased
to exceed that allowed at the front by one.
(3) On downhill slopes (from street), when maximum allowable
height measured from the front grade is reduced by ten feet,
and the number of stories is reduced by one, the height
measured from the rear grade may be increased to exceed that
measured at the front grade by 30 feet, and the number of
stories may be increased by three.
SECTION 42.
Section 4.22.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.22.020 PERMITTED USES
(1) Single family dwelling, provided that there.�is not more
than one principal residential structure on a lot.
(2) Agriculture as defined in section 2.00.030 except
dairying.
(3) Botanical conservatory.
(4) Small family day care home.
(5) Residential care facility -- small family home.
SECTION 43.
Section 4.22.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.22.030 CONDITIONAL USES
In addition to the activities authorized by section
4.22.020, the activities listed in the table in section 5.20.205
are allowed if a conditional use permit is issued.
SECTION 44.
Section 4.24.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.24.020 PERMITTED USE
(1) Single family dwelling, provided that there is not
more than one principal residential structure on a lot.
(2) Agriculture as defined in section 2.00.030 of this
Ordinance except dairying.
(3) Small family day care home.
(4) Residential care facility -- small family home.
SECTION 45.
Section 4.24.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.24.030 CONDITIONAL USES
In addition to the activities authorized by section 4.24.020,
the activities listed in the table in section 5.20.205 are
allowed if a. conditional use permit is issued.
-19-
SECTION 46.
Section 4.24.035 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.24.035 ADDITIONAL DWELLINGS
The following rules apply to approvals of additional
dwellings provided by section 5.20.205(4)(h), only:
(1) The total number of dwelling units shall not exceed
that allowable under the slope density formula.
(2) A. tentative subdivision map shall be processed
concurrently with the application for the conditional
use permit, showing a separate lot for the site of each
residential structure. The conditional use permit
shall not be granted unless the map is approved.
However, the applicant shall not be required to file
a final map or parcel map as a prerequisite to issuance
of building permits, or ever, but subdivision improvement
work may nevertheless be required as a condition of the
conditional use permit.
(3) The reviewing body may, as a condition of approval,
require the installation of public improvements including
but not limited to, streets, sewers and water lines.
(4) The applicant must demonstrate the need for an additional
dwelling without being required to divide the land.
-20®
SECTION 47.
Section 4.24.040 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.24.040 DENSITY
The minimum land area required for each dwelling unit
in any subdivision is determined by the following slope -
density regulation:
(1) The average slope of land proposed to be subdivided is
determined according to the formula S = .0023 IL where:
A
S is the average slope in per cent.
I is the contour interval in feet.
L is the combined length of contour lines in feet.
A is the gross area in acres of the parcel or lot as
applicable not including existing public roads.
A topographic map shall be used which meets the
requirements for obtaining approval of tentative maps.
Contour intervals shall not exceed ten feet.
(2) Slope density -- the minimum land area for each dwelling
unit shall not be less than "a" as determined by the
formula a = _ 1 where "S" is the average slope
1 - .016S
of the parcel in per cent. Where the average slope is
in excess of 50 per cent the minimum land area for each
dwelling unit is 5.0 acres.
(3) The maximum number of dwelling units allowed in a
subdivision is determined by dividing the land
-21-
area by the required minimum land area for each
dwelling unit and rounding down to the next whole number.
(4) In calculating the allowable number of dwelling units
in any subdivision, no parcel which can be further
subdivided under this section shall be included in the
net land area used in determining the maximum number of
dwelling units allowed. However, if the development
rights beyond one dwelling unit for such parcel are
dedicated to the Town, the parcel may be included.
(5) Where any part of the land slopes more than 50 per cent,
that part may be treated separately and the number
of dwelling units permissible on that part may be added
to the number permissible on the rest of the land to
compute the total number of allowed dwelling units.
(6) In subdivisions approved under the regulations of
the HR zone after January 17, 1973 (the effective date
of Ordinance No. 1089), divisions of land which would
allow a greater number of dwelling units than would
have been allowed by the slope density formula for
the entire parcel as it existed before subdivision are
prohibited.
SECTION 48.
Section 4.24.050 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
-22-
t.�s2. air
SEC. 4.24.050 LOT AREA
The minimum lot area (not to be confused with the required
minimum land area for each dwelling unit) is 40,000 square feet.
SECTION 49.
Section 4.24.060 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 4.24.060: LOT WIDTH
The minimum lot width is 100 feet.
SECTION 50.
Section 4.24.070 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.24.070 YARDS
Front: 30 feet minimum
Side: 20 feet minimum
Rear: 25 feet minimum
Side abutting street: 20 feet minimum
SECTION 51.
Section 4.24.080 is added to the Zoning Ordinance of the Town of
Los Gatos to read:
SEC. 4.24.080 HEIGHT
The maximum height of any principal building is two stories
and not over 30 feet.
SECTION 52.
Section 4.24.090 is added to the Zoning Ordinance of the Town of
Los Gatos to read:
SEC. 4.24.090 SCENIC ROADS
Landscaping is required in yards abutting scenic roads.
IWAIM
Existing vegetation and land forms abutting scenic roads shall
be left in a natural state unless modification is found to be
necessary for a specific use. To enhance the scenic corridor,
additional landscaping may be required.
SECTION 53.
Section 4.24.100 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 4.24.100: TRAILS
When the General Plan or any specific plan shows trails
the development plans shall include those provisions which are
found necessary by the reviewing body for the development of
such trails.
SECTION 54.
Section 4.24.110 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 4.24.110: ACCESS TO REMOTE AREAS
Roads, tracks or runways for automobiles, trucks, buses or
motorcycles within this zone shall no.t be developed except with
Architecture and Site Approval. The reviewing body shall not
grant such approval except upon finding that the purpose for
which the road, track or runway is proposed is essential for
the establishment or maintenance of a use which is expressly
permitted herein and that the design and location of the proposed
road, track or runway will be compatible with the terrain. The
use of all roads, tracks or runways existing at the time of the
adoption of this Ordinance which are nonconforming or have been
-24-
established without proper approvals shall be terminated and
shall be returned to natural terrain unless given approval in
accordance with the regulations set forth in this Ordinance.
SECTION 55.
Section 4.26.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.26.020 PERMITTED USES
The following uses are permitted:
(1) Single family dwelling, provided that there is not
more than one principal residential structure on
a lot.
(2) Raising of trees, vegetables and horticultural
specialties, but not including commercial greenhouses,
retail nurseries, or storage of landscaping equipment,
products or supplies for commercial uses,
(3) Small family day care home.
(4) Residential care facility -- small family home.
SECTION 56.
Section 4.26.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.26.030 CONDITIONAL USES
In addition to the activities authorized by section
4.26.020, the activities listed in the table in section
5.20.205 are allowed if a conditional use permit is
issued.
-25-
SECTION 57.
Section 4.28.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.28.020 PERMITTED USES
The following uses are permitted:
(1) Single family dwelling.
(2) Two family dwelling.
(3) Small family day care home.
(4) Residential care facility -- small family home.
SECTION 58.
Section 4.28.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.28.030 CONDITION USES
In addition to the activities authorized by section
4.28.020, the activities listed in the table in section
5.20.205 are allowed if a conditional use permit is issued.
SECTION 59.
Section 4.30.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.30.020: PERMITTED USES
The following uses are permitted:
(1) Single family dwelling.
(2) Two family dwelling.
(3) Small family day care home.
(4) Residential care facility -- small family home.
SECTION 60.
Section 4.30.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
-26-
SEC. 4.30.030 CONDITIONAL USES
In addition to the activities authorized by section
4.30.020, the activities listed in the table in section
5.20.205 are allowed if a conditional use permit is issued.
SECTION 61.
Section 4.32.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.32.020 PERMITTED USES
The following uses are permitted:
(1) Single family dwelling.
(2) Two family dwelling.
(3) Small family day care home.
(4) Residential care facility -- small family home.
SECTION 62.
Section 4.32.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.32.030 CONDITIONAL USES
In addition to the activities authorized by section
4.32.020, the activities listed in the table in section
5.20.205 are allowed if a conditional use permit is issued.
SECTION 63.
Section 4.32.130 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 64.
Section 4.40.020 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
-27-
SEC. 4.40.020 ACTIVITIES TO BE CONDUCTED INDOORS
All businesses, services and processes shall be conducted
entirely within completely- enclosed buildings, except as
provided in sections 4.40.030 and 4.40.040 and except for
outdoor activities specifically authorized by a conditional
use permit.
SECTION 65.
Section 4.40.030 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 4.40.030 OUTDOOR DISPLAY OF MERCHANDISE
Outdoor display of merchandise is allowed only:
(1) During business hours of the business displaying
the merchandise,
(2) Immediately adjacent to the building the business
occupies,
(3) If the merdhandise is not in any parking lot, and
(4) If placement of the merchandise does not obstruct
pedestrian movement and allows at least 6 feet of
pedestrian walkway between the display and any other
obstruction. The 6 feet may include adjacent available
public right -of -way.
This section governs the display of merchandise on private
property only. Display of merchandise on public property is
regulated by other ordinances of the Town.
am
SECTION 66.
Section 4.40.040 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4. 40.040 : SPECIAL SALES EVENTS AND OUTDOOR DISPLAY
OF MERCHANDISE
Civic events, art shows, and fund - raising events for
service clubs or charitable institutions are exempt from the
provisions of this Ordinance regulating outdoor sales or
display of merchandise, provided the event does not exceed
three days' duration. Shopping center and area -wide sales
promotions are also exempt from the provisions of this
Ordinance regulating outdoor sales, provided a single event
does not exceed three days' duration, there is not more than
one event per zoning plot in each calendar quarter, and there
is at least a 30 day interval between events.
SECTION 67.
Section 4.40.060 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.40.060 SEASONAL SALE OF CHRISTMAS TREES OR PUMPKINS
Temporary facilities for the seasonal sale of Christmas
trees or pumpkins are permitted in nonresidential zones, provided
that a temporary- certificate of use and occupancy is obtained from
the Planning Director. Temporary facilities for the seasonal
sale of Christmas trees or pumpkins shall not be required to
meet the development standards of the zone. The Planning
Director, upon receipt of an application to establish a
temporary facility for the sale of Christmas trees or pumpkins,
-29-
may issue a temporary certificate of use and occupancy subject
to the following conditions:
(1) The temporary certificate of use and occupancy shall
be limited to a maximum of 60 days and shall expire
at the expiration of 60 days from its date of issuance.
(2) All temporary electrical facilities, temporary toilet
and plumbing facilities, and temporary shelters or structures
shall be approved by the Building Department and the
Fire Department.
(3) All signs and outdoor advertising material shall be
subject to the standards of Chapters 3.30 through 3.39
of this Ordinance and their size and location shall be
subject to approval by the Planning Director.
(4) The area used as a temporary facility for the seasonal
sale of Christmas trees or pumpkins shall be left in a
clean and orderly manner with all structures, signs,and
other material removed prior to the expiration of the
maximum 60 day time limit..
(5) Adequate off-street parking shall be provided for the
temporary facility.
(6) The proposed temporary facility shall not unreasonably
interfere with or be detrimental to the public health,
safety, and welfare.
SECTION 68.
Section 4.40.070 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
IS=
SEC. 4.40.070 OUTDOOR STORAGE
When a conditional use permit is granted
storage the area for storage must be suitably
adjoining property by a wall, dense evergreen
or other screen planting, or by a solid fence
six feet high. Materials shall not be stored
as to project above the wall, planting or fen
SECTION 69.
for outdoor
screened from
hedge of trees
not less than
in such a manner
::e.
Section 4.40.080 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 4.40.080 PROJECTIONS ALLOWED INTO YARDS
(1) A porte- coche're may be permitted over a driveway in
a side yard, provided that it is not more than one
story high and 24 feet long and not closer than two
feet from the side lot line, and is entirely open on
at least three sides, except for the necessary
supporting columns and customary architectural features.
(2) Cornices, eaves, belt courses, sills, canopies, bay
windows, chimneys or other similar architectural features
may extend or project into a required side yard not more
than 24 inches and may extend or project into a required
front or rear yard not more than 30 inches.
(3) Open, unenclosed stairways, or landing places, not
covered by a roof or canopy, may extend or project into
a required rear yard not more than four feet.
-31-
SECTION 70.
Section 4.52.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.52.010 INTENT
The 0 zone allows all types of office activities and
encourages buildings which are compatible with residential
development. The O zone serves as a buffer between commercial
and residential development with a minimum of traffic generation,
particularly at night.
SECTION 71.
Section 4.52.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.52.020 PERMITTED USES
Activities allowed in the 0 zone must be those which would
not unreasonably interfere with residential uses or other
activities within the 0 zone, and which are in the following
categories:
(1) Offices, administrative, professional, medical, dental
and optical laboratories associated with a professional
use, real estate, insurance, stocks and bonds; and other
similar offices characterized by absence of retail sales,
(2) Retail sales by a pharmacy within a medical building.
SECTION 72.
Section 4.52.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
-32-
SEC. 4.52.030 CONDITIONAL USES
In addition the activities authorized by section
4.52.020, the activities listed in the table in section 5.20.205
are allowed if a conditional use permit is issued.
SECTION 73.
Section 4.52.060 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.52.060 YARDS
(1)
Front:
25
feet
minimum
(2)
Side:
10
feet
minimum
(3)
Rear:
20
feet
minimum
(4)
Side abutting street:
15
feet
minimum
(5)
A six foot high masonry
wall is
required along any
property line abutting a residentially -zoned lot.
SECTION 74.
Section 4.54.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.54.010 INTENT
The C -1 zone is intended for areas which are easily
accessible and useful for retail, service and administrative
activities which are oriented to the day -to -day needs of the
residents of the Town.
SECTION 75.
Section 4.54.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
-33-
SEC. 4.54.020 PERMITTED USES
Activities allowed in the C -1 zone are those which do not
unreasonably interfere with nearby residential uses and which
are in the following categories:
(1) Retailing.
(2) Personal service businesses and service businesses
necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of
sales are made, on site, to the ultimate consumer.
Examples of proper C -1 activities are grocery stores,
launderettes or dry- cleaning agencies, drug stores, barber
shops, appliance repair shops, and offices. Examples of
activities which are not proper in the C -1 zone are vehicle
service and sales, palmists and soothsayers, manufacturing,
wholesaling, or laundry or dry - cleaning plants.
SECTION 76.
Section 4.54.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.54.030 CONDITIONAL USES
In addition to the activities authorized by section
4.54.020, the activities listed in the table in section 5.20.205
are allowed if a conditional use permit is issued.
SECTION 77.
Section 4.54.040 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
-34-
SECTION 78.
Section 4.54.070 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.54.070: YARDS
(1) Front:
(2) Side:
(3) Rear:
(4) Side abutting
(5) The following
property line
15 feet minimum
None required
None required
street: 15 feet minimum
yard requirements apply along those
s of a lot in the C -1 zone which abut
or are across the street from a lot in a residential
zone:
(a) Front: 25 feet minimum
(b) Side abutting street: 15 feet minimum
(c) Side or rear: 20 feet minimum plus one foot
for each foot of building height
over 20 feet. A six foot high
masonry wall is required along
the property line.
SECTION 79.
Section 4.56.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.56.010 INTENT
The C -2 zone is intended to encourage the continuance of a
viable and predominantly pedestrian - oriented central business
district for the Town and therefore the zone allows a wide
variety of retail, service, entertainment and administrative
-35-
activities which are necessary to serve a large trading area.
SECTION 80.
Section 4.56.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.56.020 PERMITTED USES
Activities involving the conduct of commerce and general
business and for the sale of commodities necessary for the
needs of residents and visitors of the Town, such as:
(1) Retailing.
(2) Personal service businesses.
(3) Service businesses necessary for the conduct of households
or businesses.
(4) Office activities.
(5) Limited manufacturing activities when a majority of sales
are made, on site, to the ultimate consumer.
(6) wholesaling without warehousing on the premises.
Examples of proper C -2 activities are apparel stores,
launderettes or dry - cleaning agencies, travel agencies, antique
stores, telephone answering services, artist studios, sales
offices for merchandise stored elsewhere, craft studios, auto
parts sales and paint shops. Examples of activities which are
not proper in the C -2 zone are vehicle sales or service,
manufacturing, warehousing, laundry or dry-cleaning plants.
SECTION 81.
Section 4.56.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
-36-
V
SEC. 4.56.030 CONDITIONAL USES
In addition to the activities authorized by section
4.56.020, the activities listed in the table in section
5.20.205 are allowed if a conditional use permit is issued.
SECTION 82.
Section 4.56.040 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 83.
Section 4.56.060 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.56.060: YARDS
(1) Front or side abutting street: 10 feet minimum
(2) Side: None required
(3) Rear: None required
(4) The following yard requirements apply along those
property lines of a lot in the C -2 zone which abut
or are across the street from a lot in a residential
zone:
(a) Front:
(b) Side abutting street:
(c) Side or rear:
15 feet minimum
15 feet minimum
20 feet minimum plus one foot
for each foot of building
height over 20 feet. A six foot
high masonry wall is required
along the property line.
-37-
SECTION 84.
Section 4.58.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.58.020: PERMITTED USES
The following uses are permitted:
(1) Art or antique shop, retail sales only.
(2) Bakery.
(3) Barber and /or beauty shop.
(4) Book or stationery shop.
(5) Clothing shop.
(6) Drug store.
(7) Florist or gift shop.
(8) Grocery store, including meat, fruit, vegetable sales,
and delicatessen.
(9) Hobby shop.
(10) Meat market.
(11) Offices, business or professional.
(12) Photography studio.
(13) Retail drapery shop.
(14) Fixit and vacuum repair shop.
(15) Auto parts shop.
(16) Liquor store.
(17) Sporting goods shop.
(18) Dental laboratory.
(19) Candy store, soda fountain, and ice cream parlor.
(20) Shoe repair shop.
(21) Retail business establishment.
Sm
(22) Printing and publishing business.
(23) Personal service establishment entirely within enclosed
buildings.
(24) Tailor shop.
(25) Retail dry cleaning establishments (provided that the
solvents used shall be nonflammable, non -- explosive and
are in fluid -tight units approved by the State Fire
Marshal.)
(26) Interior decorator's service.
(27)) Limited repair services conducted entirely within enclosed
buildings, such as jewelry, domestic appliance, typewriter
and business machine repair shops.
(28) Business services, such as advertising, credit reporting,
accounting, telephone services, consulting agencies,
stenographic and duplicating services, messenger and
telegraph offices, taxi stands.
(29) Wholesaling without stock where storage of merchandise
is limited to samples only.
(30) Home equipment rental establishments.
(31) Artist studio, such as sculpture, painting, pottery, etc.
(32) Medical and dental clinic and laboratory.
(33) Limited food processing with retail outlets on the
premises.
(34) Pet shop.
SECTION 85.
Section 4.58.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
ISRO 9
SEC. 4.58.030 CONDITIONAL USES
In addition to the activities authorized by section
4.58.020, the activities listed in the table in section
5.20.205 are allowed if a conditional use permit is issued.
SECTION 86.
Section 4.58.050 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.58.050 FRONT YARDS
The following minimum yard requirements shall apply:
(1)
Main Street:
10
feet
(2)
Villa Street:
15
feet
(3)
Jackson Street:
20
feet
(4)
Fiesta Way:
20
feet
(5)
High School Court:
10
feet
(6)
Church Street:
10
feet
(7)
Pageant Way:
20
feet
(8)
Pleasant Street:
15
feet
SECTION 87.
Section 4.60.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.60.010: INTENT
The CH zone is intended for development of vehicular -
oriented activities and sales along highway frontages, inter-
mingled with compatible retail, service and administrative
activities.
-m
SECTION 88.
Section 4.60.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.60.020 PERMITTED USES
Activities allowed in the CH zone are those which do not
unreasonably interfere with nearby residential uses and which
are in the following categories:
(1) Retailing.
(2) Personal service businesses and service businesses
necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of
sales are made on site to the ultimate consumer.
Examples of proper CH activities are grocery stores,
launderettes or dry - cleaning agencies, drug stores, barber shops,
appliance repair shops, and offices. Examples of activities
which are not proper in the CH zone are palmists and soothsayers,
manufacturing, wholesaling, or I&undry or dry cleaning plants.
SECTION 89.
Section 4.60.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read;
SEC. 4.60.030: CONDITIONAL USES
Mn addition to the activities authorized by section
4.60.020, the activities listed in the table in section 5.20.205
are allowed if a conditional use permit is issued.
-41-
SECTION 90.
Section 4.60.040 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 91.
Section 4.60.070 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.60.070: YARDS
(1) Front: 15 feet minimum
(2) Side: None required
(3) Rear: None required
(4) Side abutting street: 15 feet minimum
(5) The following yard requirements apply along those
property lines of a lot in the CH zone which abut
or are across the street from a lot in a residential
zone:
(a) Front: 25 feet minimum
(b) Side abutting street: 15 feet minimum
(c) Side or rear: 20 feet minimum plus one foot
for each foot of building height
over 20 feet. A six foot high
masonry wall is required along
the property line.
SECTION 92.
The title of Chapter 4.72 of the Zoning Ordinance of the Town of
Los Gatos is amended to read:
Chapter 4.72
LM or Commercial - Industrial Zone
-42-
SECTION 93.
Section 4.72.010 of the Zoning Ordinance of the Town of Los
Gatos is amended - to read:
SEC. 4.72.010 INTENT
The LM zone is intended for small scale light industrial,
repair and service - oriented activities in addition to retailing,
service and administrative activities.
SECTION 94.
Section 4.72.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.72.020 PERMITTED USES
Activities allowed in the LM zone are those service- oriented
and light industrial uses which may be inappropriate in a
general commercial zone and which are in the following categories:
(1) Retailing.
(2) Personal service businesses.
(3) Service businesses necessary for the conduct of
households or businesses.
(4) Office activities.
(5) Limited manufacturing.
(6) Wholesaling and warehousing.
Examples of proper LM activities are plumbing, heating
and electrical contracting, equipment repair, and laundry and
dry cleaning plant. Examples of activities which are not proper
in the LM zone are vehicle sales, large scale light industrial
activity.
-43-
SECTION 95.
Section 4.72.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.72.030 USES PERMITTED BY CONDITIONAL USE PERMIT
In addition to the activities authorized by section
4.72.020, the activities listed in the table in section
5.20.205 are allowed if a conditional use permit is issued.
SECTION 96.
Section 4.72.040 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 97.
Section 4.72.070 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.72.070: YARDS
(1) Front: 15 feet minimum
(2) Side: None required
(3) Rear: None required
(4) Side abutting street: 15 feet minimum
(5) The following yard requirements apply along those
property lines of a lot in the LM zone which abut or are
across the street from a lot in a residential zone:
(a) Front: 25 feet minimum
(b) Side abutting street: 15 feet minimum
(c) Side or rear: 20 feet minimum plus one foot
for each foot of building height
over 20 feet. A six foot high
masonry wall is required along
the property line.
A
SECTION 98.
Section 4.72.100 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 99.
Section 4.74.010 of the-Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.74.010 INTENT
The CM zone provides for light industry compatible with
neighboring uses.
SECTION 100.
Section 4.74.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.74.020: PERMITTED USES
Activities allowed in the CM zone must be those which would
not unreasonably interfere with residential uses in the vicinity
or other activities within the CM zone and which are in the
following categories:
(1) Activities involving controlled manufacturing, research
and development, wholesaling, warehousing, and other
light industrial uses.
(2) Sales to the ultimate consumer:of articles manufactured
on the premises to the customer's order.
Examples of activities which are not proper in the CM zone are
retailing except articles manufactured and sold as provided in
subpart (2), personal services, and vehicle sales and service.
-45-
SECTION 101.
Section 4.74.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.74.030 CONDITIONAL USES
In addition to the activities authorized by section
4.74.020, the activities listed in the table in section 5.20.205
are allowed if a conditional use permit is issued.
SECTION 102.
Section 4.74.040 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 103.
Section 4.74.060 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.74.060 YARDS
(1) Front or side abutting street:
(2) Side:
(3) Rear:
25 feet minimum plus
one foot for each foot of
building height over 20
feet.
25 feet minimum.
None, except when adjacent
to a residential zone then- -
20 feet minimum plus one
foot for each foot of
building height over 20
feet.
(4) A.six foot high masonry wall is required along any property
line which abuts a lot in a residential zone.
a El 000
SECTION 104.
Section 4.74.090 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 105.
Section 4.82.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 4.82.010 APPLICATION
The following ordinances that concern designation of land
PD or RPD have at various times been adopted by the Town: 847,
855, 938, 967, 977, 992, 1053, 1061, 1067, 1077, 1109, 1110,
1121, 1123, 1129, 1172, 1216, 1247, 1275, 1279, 1281, and 1302.
Of the foregoing ordinances the following:
(1) Have heretofore been repealed - - 847, 967, 977, and 1123.
(2) Were repealed by Ordinance No. 1328 -- 855 and 992.
(3) Remain in effect, subject to the further provisions of
this section 4.82.010 -- 938, 1053, 1061, 1067, 1077,
1109, 1110, 1121, 1129, 1172, 1216, 1247, 1275, 1279,
1281, and 1302.
If a PD or RPD ordinance was in effect before the effective
date of Ordinance No. 1328 and is not repealed by the provisions
of this section 4.82.010, the regulations of such ordinance
(including regulations that may have been incorporated by
reference to the general provisions of a zoning ordinance then
in effect) continue to apply to the land designated therein.
However, any change in activities conducted on, or any new
construction (including grading) on land in such PD or RPD zone
is subject to the regulations of this Chapter 4.82.
-47-
SECTION 106.
Section 4.82.015 of the Zoning Ordinance of the Town of Los
Gatos is repealed.
SECTION 107.
Section 5.10.100 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.10.100 ANIMAL PERMITS See Chapter 3.29.
SECTION 108.
Section 5.10.200 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.10.200 HOME OCCUPATION PERMITS See secs. 3.60.040
through 3.60.070.
SECTION 109.
Section 5.10.300 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.10.300 SIGN PERMITS, See sec. 3.30.040.
SECTION 110.
Section 5.10.400 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.10.400: PERMITS FOR SEASONAL SALE OF CHR ISTMAS TREES
OR PUMPKINS, See sec. 4.40.060.
SEC`1'ION 111.
Section 5.10.500 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 5.10.500 TREE REMOVAL PERMITS See Chapter 3.20.
i
SECTION 112.
Section 5.20.020 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.20.020 ARCHITECTURE AND S ITE APPROVAL, PURPOSE
AND INTENT
Achievement of the following goals is important in order
to maintain the economic welfare aryl stability of the Town
and to preserve the health, safety and welfare of its
citizens:
(1) Quality design and proper siting of residential
and commercial structures, complementing the Town
environment, and
(2) The preservation of open spaces in the form of
recreational areas, malls, plazas and pedestrian
areas.
In the main, the Town contains small businesses,
professional offices and residences. Municipal revenues
derive principally from property tax and taxes derived from
retail trade. Local employment depends to an unusual extent
on the success of small business ventures, which in turn
depend on trade in specialty items sold to visitors. Much
of the business and residential area of the Town is composed
of a mixture of old and new buildings, and the condition and
style of each reflects on the other. For example, a new
building loses value and its occupant's trade is diminished
if an old building nearby is permitted to decay, and old
buildings are permitted to decay when the designs of new buildings
.•
nearby do not compliment them. The juxtaposition of old and
new buildings in the Town is extensive.
Many of the residential areas in the Town are unusual in
that they are located on steep hills where there are geologic
hazards, fire hazards and narrow streets, all of which
necessitate special control over construction activity.
The purpose of Architecture and Site Approval is to regulate
the height, width, shape, proportion, siting, exterior construction
and design of buildings to insure that they are architecturally
compatible with their surroundings, and to avoid (in the commercial
context) the construction of single- purpose or single- proprietor
"trademark" buildings which, when vadated by the original
occupant tend to remain empty, causing blight, and to promote
a unified but diverse and distinctive theme which harmonizes
with adjacent commercial and residential development.
SECTION 113.
Section 5.20.200 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.20.200 CONDITIONAL USE PERMITS
The adoption of the Zoning Ordinance is based on the
premise that there are uses which can be specified for each
zone which, in practically all instances, will be mutually
compatible. In addition, there are other uses which might
be compatible with ordinarily allowed uses if properly located
and regulated. These are called conditional uses. They are
listed in section 5.20.205. However, the listing of a
conditional use does not indicate that the use must be allowed.
-50-
There will be locations or instances where a specified
conditional use is inappropriate in a zone regardless of the
extent of regulation.
-51-
SECTION 114.
Section 5.20.205 is added to the Zoning Ordinance of the Town of Los Gatos to read:
SEC. 5.20.205 TABLE OF CONDITIONAL USES
An "x" indicates that an activity is allowed in a zone if a conditional use permit
is issued. Activities listed in this table are only allowed where a conditional use
permit is issued, or where the activity is specifically listed in the permitted uses for
the zone.
CONDITIONAL USE PERMITS
RC
HRIR
-1
R -1M
RD
R -M O
C -1
C -2
CC CH
LM
CM
1. High
Traffic Generators
a.
Banks
x
x
x
x
I
x
x
x
x
b.
Savings and Loan,Office
i
x I
x
x
x
C.
Drive -up window for any business
I
I
x
x i
x
x
d.
Supermarket
x
x I x
x
e.
f.
Super drugstore
Department store
I
I
x
x x
x
I
i
x I
x ix
x
g.
Shopping center
x jx
x
h.
Motel
i I
I
x j x
x l
I.
Hotel
I
j
I I
x
i
x I
x
x
j.
Restaurant including those with outdoor
dining areas or take -out food
x
x
k.
Establishment selling alcoholic
beverages for consumption on premises
l
(1) In conjunction with a restaurant
I I
!
x
x
x
x
x
(2) Without food service (bar)
1.
Commercial recreation and amusement
establishment
I
j
x
x
I x
x
m.
Theater
I
j
j
x j
n.
Outdoor entertainment
!
x ;
2. Community Services
a.
b.
Public building; police, fire, community
center, library, art gallery, museum
Hospital
x x x I x x
x
Ix
x
I x
i x
x
x !x
'XI
x
X1
x 1 x x
x
I x
j x
C.
d.
Public transportation facility
Park, plaza, playground
x I x x x I x
xIx x I x I x
x Ixj
x I x
I x
x
x
I x
x I
e.
Golf course
i x x x I x I x
x
xI x
I x I x
x
f.
Private sports recreation club
xIx x x I x
g.
Convalescent hospital
I
x IxI
x
I x x
x
x J. X _ !
x
l x
j x
x
x
h.
School or college not otherwise specified
xIx x j x I x
I.
Nursery school, provided that each shall
i
!
be on a site not less than 20,000 square
feet in area and in a building not less
than 2,000 square feet in floor area
xlx x I x x
x
x x,
x
x
x
x
x
I x
x
Ix
j.
Vocational or trade school
I
1
i
Ix I x
I x
I x
x
ix
k.
Business or professional school or college
!
jx
x
x
x
x j
1.
m.
Art, craft, music,dancing school
Club, lodge, hall, fraternal organization
I
I ! I
x
x
x
x
x
x
1x
n.
Church, monastery, convent, and other
institutions for religious observance
i i Ix x x x
x
x
x
x
x
x
x
I
o.
Horse stable
Xi x x x j x
x
p.
Public utility service yard, station,
j
I
T
transmission lines, storage tank, drainage
or communication facilities
i I
X1 x x I x
x
x
x x l x
x !x
1 x
j x
x 'L x x
x
q.
Small family day care home
! I j
r.
s.
t.
Large family day care home
Residential care facility- small family home
Residential care facility- large family home
x x l x x I x
!
xIx ' x x x
x` x
x x x
x l !
I xI
x ' x x
x !
x !x
x x x
x
u.
Residential care facility- group home
I x x I x x x
x x' x x Ix lx
-57-
CONDITIONAL USE PERMITS
RC
HR
R -1
R -1M RD R -M
0
C -1
C -2 CC
CH
LMICM
3• Vehicle Sales, Service and Related Activities
a. New vehicle sales and rental
b. Used vehicle sales only incidental to new
vehicle sales and .rental
c. - Vehicle tires and accessories, sales,
servicing, recapping
d. Vehicle body repair and painting
e. Vehicle repair and service (garage)
f. Service station
g. Parking lots or storage garages, not
accessory to another use
h. Car wash
I. Truck terminal
x
x
x
x
Ix
x
I
x
x
iiI
I
x
x
x Ix
I
x
I
x i x
I
Ix
j
x Ix
4. Residential Uses
a. One family dwelling
b. Two family dwelling
c. Multiple family dwelling
d. Boarding house
e. Apartment hotel
f. Accessory living quarter (guest house
without kitchen)
g. Mobile home park
h. Additional dwelling per section 4.24.035
i. Residential condominium
j. Caretaker residence
�x
x
x
x
x
x l
i I
x
j x
x Ix
x
j I x
x
xIx
x
x 1�
x
x
I x
x ix
x
I
x
I
j x
x 1x
x
xi
x
x
I
x
x.
j
I
x
x
xi
x
x
x
x
x
5. Other
a. Botanical nursery
b. Mortuary, columbarium, mausoleum
C. Equipment rental yard
d. Construction materials yard
e. Veterinary hospital (without kennel)
f. Outdoor storage
g. Dairying
h. Kennel
i. Bulk fuel storage and sales
x
x
x
x
x
x
x
x
x
x
x
x
i x
j
x
x
x
Ix
j
Ix
x
I
x
x
x
x
x
x
x
x
x
x
x
x
j
x
-53
SECTION 115.
Section 5.20.220 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.20.220 CONDITIONS
In approving a Conditional Use Permit, time extension
or modifications thereto, the reviewing body may include
such conditions as are reasonable and necessary under the
circumstances, to preserve the integrity and character of
the zone and to secure the general purposes of this Ordinance
and the General Plan. Such conditions, without limiting the
discretion and authority of the reviewing body, may include
time limitations, architecture and site approval, street
dedication, street and drainage improvements, and additional
parking.
SECTION 116.
Section 5.40.030 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.40.030 FEES
When an application or notice of appeal is required to
be filed, there is a filing fee which is set by Council
resolution and which shall be paid at the time of filing.
If no Council resolution sets a fee, there is no fee.
SECTION 117.
Section 5.60.010 of the Zoning Ordinance of the Town of Los
Gatos is amended to read:
SEC. 5.60.010 PLANNING DIRECTOR
The Planning Director:
-54-
(1) Prescribes all forms and contents of applications.
(2) Keeps all records of Planning Commission, Architecture
and Site Committee, Planning Director and Planning
Department work, except records transmitted to the Town
Council and retained by the Town Clerk.
(3) Investigates applications.
(4) Gives all notices except notices of proceedings of
the Town Council.
(5) Prepares Committee and Commission agendas, sets Committee
and Commission hearing dates (subject to the requirements
of this Ordinance) and establishes filing deadlines.
(6) Issues permits for temporary sales of Christmas trees and
pumpkins, use and occupancy certificates, horse permits and
amateur horse events, home occupations and sign permits.
(7) Determines revocations or modifications of animal permits
and home occupation permits.
(8) May refer any matter assigned by ordinance to him for
decision to the Committee for decision.
(9) Determines applications for sign approval when action
is not required of the Council, Commission or Committee.
(10) Jointly with the Superintendent of Parks and Forestry
determines applications for tree permits to the extent
provided by section 3.20.06.0.
(11) Determines applications for section 3.65.020 demolition
permits.
(12) Where action is based on an application or notice of
appeal, prepares a written notification of all
determinations, except determinations by the Council, and
sends the notifications to all applicants and appellants.
-55-
(13) Prepares and sends notifications required by statute
to the county assessor.
(14) Notifies applicants of hearings.
(15) Keeps records of nonconforming signs and mails notices
to owners of such signs.
(16) Corrects Zoning Map.
(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for
ordinance compliance.
(19) Determines parking requirements for uses whose parking
requirements are not specified.
(20) Keeps records of those properties which have utilized
parking district exemptions.
(21) Determines applications for expansion of nonconforming
one or two - family dwellings.
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures.
SECTION 118.
Section 5.60.020 is added to the Zoning Ordinance of the Town
of Los Gatos to reads
SEC. 5.60.020 TOWN CLERK
The Town Clerk sets hearings and gives notices for appeals
to be heard by the Town Council.
SECTION 119.
Section 5.60.030 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
-56-
SEC. 5.60.030 DIRECTOR OF PUBLIC WORKS /TOWN ENGINEER
The Director of Public Works /Town Engineer:
(1) Prescribes standards for driveway construction.
(2) Prescribes standards for surfacing and draining of
parking lots.
(3) Determines correct traffic flow markings for parking
lots.
(4) Jointly with the Building Official determines whether
grading permits require Architecture and Site Approval.
SECTION 120.
Section 5.60.040 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 5.60.040 SUPERINTENDENT OF PARKS AND FORESTRY
The Superintendent of Parks andForestry:
(1) Jointly with the Planning Director determines applications
for tree permits to the extent provided by section 3.20.060.
(2) Specifies special paving within driplines of trees
in parking lots.
SECTION 121.
Section 5.60.050 is added to the Zoning Ordinance of the Town
of Los Gatos to read:
SEC. 5.60.0 BUILDING OFFICIAL DEPARTMENT
The Building Official /Department:
(1) Determines estimated cost to replace nonconforming
buildings.
(2) Determines the value of destroyed nonconforming buildings.
-57-
(3) Determines applications for exception from enclosure
requirements for swimming pools.
(4) Enforces all regulations regarding enclosure of
swimming pools.
(5) Jointly with the Town Engineer determines whether a
grading permit requires Architecture and Site Approval.
SECTION 122.
Section 5.60.060 is added to the zoning Ordinance of the Town
of Los Gatos to read:
SEC. 5.60.060 FIRE MARSHAL
The Fire Marshal may authorize changes in driveway
standards for height clearance and radius of curves.
SECTION 123.
Section 5.60.100 of the ZtML A J ('cdip4nce of the Tows of Los
Gato o i s , amendgd tQ read;
SEC. 5.60.100: ARCHITECTURE AND SITE COMMITTEE
The Committee:
(1) Determines variance applications.
(2) Determines conditional use permit applications.
(3) Determines demolition permit applications.
(4) May refer any matter to the Planning Commission for
determination®
(5) Determines time extension when it would have had the
power to grant the original approval.
(6) Reserved.
(7) Determines applications for neighborhood identification
signs, roof signs, and signs on free- standing walls.
(8) Reviews and makes recommendations to the Council
concerning community - oriented bulletin board and kiosks
proposed to be erected on public property.
(9) Determines applications for Architecture and Site
Approval.
(10) Determines applications to alter or demolish structures,
sites and areas designated, determines whether the
Committee must suspend action on applications to alter
or demolish structures, sites and areas designated under
the provisions of Chapter 4.86, or for which designation
proceedings are pending.
(11) Determines whether to permit demolition or alteration
of structures, sites and areas under the provisions of
section 4.86.190.
(12) Determines matters referred to it by the Planning Director.
(13) Determines whether to allow all deviations from the
standards of this Ordinance which are specifically
authorized by this Ordinance except variances, and
determines when stricter standards than those generally
imposed by this Ordinance but specifically provided
for in this Ordinance, apply.
(14) Determines requirements for access to remote areas in the
RC and HR zones.
(15) Determines applications for tree permits to the extent
provided by section 3.20.060.
(16) Hears appeals from decisions of the Planning Director.
(17) Determines revocations and modifications of zoning
MSs�
approvals as provided in section 5.30.120.
(18) Determines location and adequacy of required open
space for residential condominiums in any zone and
for multiple family developments in the R -M zone.
SECTION 124.
This ordinance takes effect 30 days after the date it is adopted.
Within 15 days after this ordinance is adopted the Town Clerk shall
cause it to be published once in a newspaper of general circulation
published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town
Council of the Town of Los Gatos on July 18th, 1977 , and adopted
by the following vote as an ordinance of the Town of Los Gatos at a
regular meeting of the Town Council on August lst, 1977
AYES: COUNCIL. MEMBERS Ruth Cann Mark B. D i Duca, Mardi
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
R OF THE: TOWN OF LOS GATOS
ATTEST:
CLERK OF T E TOW OF LOS GATOS
.•