Chapter 14.64 — DUAL OPPORTUNITY DEVELOPMENTS (SB9)

Senate Bill (SB) 9 requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 enables the creation of up to four housing units in the lot area typically used for one single-family home. This chapter allows residential housing developments to implement Government Code Section 65852.21 for developing two primary residential units on single-family (R1) zoned lots and Section 66411.7 for urban lot splits.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

A proposed housing development or urban lot split shall comply with the following eligibility requirements:

A.

Property is zoned R1 (Single-Family Residential). Lots located in multi-family residential, commercial, mixed-use zones, etc. are not subject to these regulations even if single-family residential uses are a permitted use.

B.

Property is not located in a historic district, listed on the State Historic Resources Inventory, or designated a city landmark or historic resource.

C.

Shall not result in the demolition or structural modification of any portion of an existing residential unit that:

1.

Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control.

3.

Has been occupied by a tenant within the three years prior to the submittal of an application to the city.

D.

Property does not contain a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date of application to the city.

E.

The lot to be subdivided shall not be a lot that was established through a prior urban lot split.

F.

The lot to be subdivided shall not abut any lot that was previously subdivided through an urban lot split by the owner of the lot proposed to be subdivided or any party acting in concert with the owner. For the purpose of this section, any party acting in concert with the owner shall include any individual with a familial relation to the property owner (including, but not limited to, parents, children, siblings and spouses), trusts, or any business entity in which the property owner has more than ten (10) percent ownership.

G.

Property does not contain any of the site conditions listed in Government Code Section 65913.4, subdivision (a)(6)(B-K), as may be amended from time to time, summarized as follows:

1.

Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.

2.

A wetland.

3.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4.

A hazardous waste site that has not been cleared for residential use.

5.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6.

Within a one hundred (100) year flood hazard area, unless the site has either been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

8.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.

9.

Habitat for protected species.

10.

Land under conservation easement.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

An existing lot shall not be subdivided into more than two lots. Each newly subdivided lot shall not be smaller than forty (40) percent of the original lot size and shall not be less than one thousand two hundred (1,200) square feet.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

14.64.040 - Lot frontage width and design.

Each lot shall adjoin a public or private street with a minimum frontage of twenty (20) feet in width. Lot lines shall be organized to be parallel and perpendicular to the street on straight streets and approximately radial on curved streets, to the extent possible.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

Upon submittal of an application for an urban lot split, the property owner shall sign an affidavit stating they intend to occupy one of the units as their primary residence for at least three years, unless the owner is a community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410, et seq.), including implementing requirements in this chapter.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

No unit created pursuant to this chapter may be used as a short-term rental. Short-term rental shall be defined as a use that provides lodging in a dwelling unit for compensation for a period of fewer than thirty (30) consecutive calendar days.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

A.

No more than two primary dwelling units are permitted on a single existing lot or newly created lot through an urban lot split.

B.

For existing lots not established through an urban lot split, in addition to a primary dwelling unit(s) an accessory dwelling unit(s) may be allowed for a maximum of four total units (inclusive of primary units and accessory dwelling units).

C.

For lots established through an urban lot split, in addition to a primary dwelling unit, a second primary unit or an accessory dwelling unit may be allowed for a maximum of two units per resulting lot (inclusive of primary units and accessory dwelling units).

D.

A total of two junior accessory dwelling units are permitted per existing lot or one per lot for lots established through an urban lot split. Junior accessory dwelling units shall not count towards the four unit maximum.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

1.

All development standards shall be modified as necessary if they preclude two single-family units with a minimum size of eight hundred (800) square feet and four-foot side and rear yard setbacks.

2.

Development of an ADU shall be subject to the separate development standards and requirements pursuant to Chapter 14.14.

3.

No architectural features (i.e., cantilevers, bay windows, and/or other architectural projection) shall be allowed within the required side and rear setbacks except for 12-inch maximum eaves with four-inch maximum gutters.

4.

No parking is required if the property is located within one-half mile walking distance of either a high-quality transit corridor or major transit stop; or a car share vehicle program is located within one block of the property.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

A.

Site and Building Design.

1.

Attached garages shall be recessed a minimum of one foot from the front elevation wall plane of the residence.

2.

When a three-car attached garage is proposed, visual impact shall be reduced by, (i) using a tandem parking layout inside a two-car-wide garage; (ii) using three single-car-wide garage doors instead of a double and a single garage door; or (iii) setting back one of the doors from the others.

3.

Each property is prohibited from more than one curb cut or driveway accessing a street unless the subject site is fronting a city's arterial or collector street.

4.

A curb cut or driveway width connecting to a public or private street shall be no greater than twenty (20) feet in width.

5.

No more than two types of roof forms and two roof pitches shall be used.

Building entrances shall be oriented towards the street.

7.

Facade articulation shall be provided with at least six corners on the first floor.

8.

Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of thirty (30) square feet. Any corners within the building entrances shall not count as part of the corners as required above.

9.

Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5 inches in width by one inch in depth when protruding from the wall. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than two inches in depth.

10.

On elevations that are facing interior side property lines, a minimum sill height of five feet is required for all second-floor windows.

11.

Provide an inset/offset or plane change on long walls of greater than twenty-five (25) feet in length.

12.

First floor finished elevation shall be no more than twenty-two (22) inches above existing natural grade on a non-hillside lot.

13.

For a hillside property, a stepped foundation is required where the average slope beneath the proposed structure is ten (10) percent or greater.

14.

No exterior staircases above grade shall be allowed.

15.

Except for pathway lighting, outdoor lighting fixtures shall be downward facing and fully shielded or recessed.

B.

Construction Materials and Colors.

Foam trim with a painted stucco finish is prohibited.

2.

Mixing roof materials and colors are not allowed except for curved dormers and shed roof structures.

3.

Exterior finish including wainscoting used for one structure shall be no greater than three different materials. Each material may be a different color, but every part of exterior finish comprised of a single material shall be a single color.

4.

Architectural detailing shall be incorporated such as window and door trim, belly bands, cornices, shutters, column accents to the entry porch, and railings in an integrated composition.

C.

Landscaping and Screening Vegetation.

1.

For lots five thousand (5,000) square feet in size or greater, a minimum of two medium to large canopy size trees shall be planted with at least one tree planted in the front yard. For each additional five thousand (5,000) square foot lot size, an additional medium to large canopy size tree shall be planted on-site.

2.

For lots with less than five thousand (5,000) square feet in size, a minimum of one, medium to large canopy size tree shall be planted on-site.

3.

Screening vegetation shall be required within lines of sight from each jamb of any second-floor windows with a sill height of less than five feet to the side or rear property lines and within lines of sight to any side property line for any proposed second story deck or balcony.

4.

Any required screening vegetation shall be evergreen species reaching at least fifteen (15) feet through twenty (20) feet in height at maturity with permanent irrigation.

5.

All projects shall comply with the City's Water Efficiency Landscape Ordinance (WELO).

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

Corrections of nonconforming zoning conditions shall not be required for the ministerial approval of a housing development or urban lot split.

There shall be no required setbacks for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint), subject to compliance with all applicable building and fire codes.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

Applications for a housing development or parcel map for an urban lot split pursuant to this chapter shall be processed ministerially without discretionary review, processes, or provisions. Review and submittal of an application for a housing development and/or parcel map for an urban lot split shall require submittal of all items listed on the city's application submittal checklist.

The city may deny an application for a housing development or parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

SB 9 allows for ministerial approval of certain "new" residential dwelling units. The term "new unit" as used in SB 9 shall be construed to mean any of the following:

A.

A new residential dwelling unit (other than an accessory dwelling unit) proposed to be constructed on a vacant lot.

B.

A new residential dwelling unit (other than an accessory dwelling unit) is constructed in place of a demolished residential dwelling unit.

C.

A residential dwelling unit (other than an accessory dwelling unit) is reconstructed to the substantial equivalence of new.

As used above, a residential dwelling unit is reconstructed to the "substantial equivalence of new" if any of the following sets of criteria apply:

A.

The residential dwelling unit is stripped to the studs and/or foundation and reconstructed.

B.

A substantial remodel is proposed in connection with a substantial addition so that the home will have the appearance of a new home and a remaining physical and economic life comparable to that of a new home. These criteria shall be deemed to be met if all the following apply:

1.

An addition is proposed to an existing residential dwelling unit equal to or greater in size than fifty (50) percent of the floor area of the existing residential dwelling unit (excluding garages, accessory dwelling units, other accessory structures, crawl spaces, unfinished attics, and basement floor areas).

2.

At least twenty-five (25) percent (or more, if necessary to bring the structure into compliance with applicable building codes) of the existing roof will be demolished, repaired, or replaced, and the entire roof covering will be replaced.

3.

At least twenty-five (25) percent (or more, if necessary to bring the structure into compliance with applicable building codes) of the existing facade will be demolished, repaired, or replaced, the entire facade will be repainted or otherwise resurfaced, and the entire facade for the residential dwelling unit in its completed condition is designed to match.

4.

All existing floor coverings and plumbing fixtures will be removed and, as applicable, replaced.

5.

Sprinklers will be installed if not already provided.

6.

At least twenty-five (25) percent (or more, if necessary to bring the structure into compliance with applicable building codes) of existing drywall or other wall coverings will be demolished, repaired, or replaced, and all retained wall covering will be repainted or otherwise resurfaced.

7.

All exterior doors and windows will be replaced.

Applications to remodel and/or build single-family residences not subject to this chapter in their entirety shall continue to be subject to the requirements of the underlying zoning district and Chapter 14.76. Future additions or modifications to "new units" that were built under this chapter pursuant to SB9 shall utilize the standards and process pursuant to this chapter.

(Ord. No. 2024-513, § 1(App. A), 5-28-2024; Ord. No. 2024-514, § 1(App. A), 6-11-2024)

Chapter 14.66 - GENERAL STANDARDS AND EXCEPTIONS

Sections:

A.

No structure shall be erected and no existing structure or use shall be moved, altered, or enlarged except in conformity with the regulations for the district within which the structure or use is located.

B.

No site or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the district within which the site or structure is located.

C.

No yard or other open space surrounding any structure or use shall be used, encroached upon, or reduced in any manner except in conformity with the regulations for the district in which the yard or open space is located.

D.

No site, lot, or other parcel of real property held in one ownership on February 4, 1958, or at any time thereafter, shall be reduced in any manner below the minimum area or dimensions prescribed for the district within which the site, lot, or parcel of real property is located.

(Ord. 04-267 § 6 (part); prior code § 10-2.2701)

A site, lot, or other parcel of real property having an area or dimensions less than the minimum site area or dimensions prescribed for the district within which the site, lot, or other parcel of real property is located which either (1) is shown on a duly approved and recorded map, and for which a deed or valid contract of sale was of record in the office of the county recorder prior to February 4, 1958, and which had a legal area or dimensions at the time the deed or contract of sale was recorded, or (2) is shown on a duly approved and recorded map which was approved by the city or another authorized legislative body, may be used but shall be subject to the regulations for the district within which the site, lot, or other parcel of real property is located.

(Ord. 04-267 § 6 (part); prior code § 10-2.2702)

A nonconforming structure which conforms to the use regulations for the district within which it is located may be used but shall not be so moved, altered, or enlarged as to increase the discrepancy between the existing conditions and the standards prescribed for the district within which the structure is located.

(Ord. 04-267 § 6 (part); prior code § 10-2.2703)

A nonconforming structure lawfully occupying a site on March 6, 1958, may be continued as such, subject to the provisions of this chapter.

(Ord. 04-267 § 6 (part); prior code § 10-2.2703)

14.66.060 - Nonconforming structures—Repairs, alterations, and additions.

A.

No nonconforming structure shall be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination of the structure's nonconformity, except that such a residential structure may be altered or enlarged if such change does not increase the nonconformity. If the nonconforming portion of the structure is removed, it shall no longer retain its nonconforming status and shall only be replaced in full conformity with the provisions of this chapter.

B.

Routine maintenance and repairs may be performed on a nonconforming structure. Maintenance shall be only to the extent determined by the building and planning department.

(Ord. 05-278 § 2 (part): Ord. 04-267 § 6 (part); prior code § 10-2.2705)

14.66.070 - Nonconforming structures—Damaged—Restoration.

A.

Whenever a nonconforming structure shall be damaged by fire or other calamity, by act of God, or by a public enemy to the extent of fifty (50) percent or less, the structure may be restored, provided that restoration is started within six months and diligently pursued to completion.

B.

Whenever a nonconforming structure shall be damaged by fire or other calamity, by act of God, or by a public enemy to an extent greater than fifty (50) percent, the structure shall not be restored except in full conformity with the provisions of this chapter.

C.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the building to its condition, prior to such damage or partial destruction, to the estimated cost of duplicating the entire building as it existed prior thereto. Estimates for this purpose shall be made or shall be reviewed and approved by the building inspector.

(Ord. 05-278 § 2 (part): Ord. 04-267 § 6 (part); prior code § 10-2.2706)

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 2015-414, § 9, adopted September 8, 2015 repealed § 14.66.080, which pertained to nonconforming structures—elimination and derived from Ord. 04-267 § 6 (part); prior code § 10-2.2707.

A lawful conforming use occupying a structure or a site, which use no longer conforms to the use regulations for the district in which it is located, shall be deemed to be a nonconforming use and may be continued as such, subject to the provisions of this chapter.

(Ord. 04-267 § 6 (part); prior code § 10-2.2708)

14.66.100 - Nonconforming uses—Repairs, alterations, and additions.

A.

No nonconforming use may be enlarged or expanded in such a manner as to occupy any part of a structure or site which it did not occupy at the time such use became nonconforming or in such a way as to displace any conforming use occupying a structure or site.

B.

Alterations and routine maintenance and repairs may be performed on a structure, the use of which is nonconforming.

(Ord. 04-267 § 6 (part); prior code § 10-2.2709)

An abandoned or discontinued nonconforming use in any district may resume if occupancy reoccurs within one hundred twenty (120) days of the date the use was originally abandoned or discontinued. A nonconforming use which had been abandoned or discontinued for more than one hundred twenty (120) days may resume upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title. Whenever a nonconforming use changes to a conforming use, the use of the structure and/or site thereafter shall be conforming.

(Ord. 07-306 § 6 (part): Ord. 04-267 § 6 (part); prior code § 10-2.2710)

14.66.120 - Nonconforming uses—Restoration of damaged structures.

A.

Whenever a structure located in a residential district, the use of which does not conform to the regulations for the district within which it is located, is damaged by fire or other calamity, or by act of God, or by a public enemy to the extent of fifty (50) percent or less, the structure may be restored, and the nonconforming use may be resumed provided restoration is started within six months and diligently pursued to completion.

B.

Whenever a structure located in a residential district, the use of which does not conform to the regulations for the district within which it is located, is damaged by fire or other calamity, or by act of God, or by a public enemy to an extent greater than fifty (50) percent, or is voluntarily razed, or is required by law to be razed, the structure shall not be restored except in full conformity with the provisions of this chapter, and the nonconforming use shall not be resumed.

C.

The extent of damage or partial destruction referred to in subsections A and B of this section shall be based upon the ratio of the estimated cost of restoring the building to its condition, prior to such damage or partial destruction, to the estimated replacement cost for the entire building. Estimates for this purpose shall be reviewed and approved by the building inspector.

D.

Whenever a structure located in a commercial district, the use of which is nonconforming, is damaged to any extent by fire or other calamity, or by act of God, or by a public enemy, or is voluntarily razed or is required by law to be razed, the structure may be restored in accordance with the provisions of Section 14.66.080 of this chapter, and the nonconforming use may resume provided restoration is started within six

months and diligently pursued to completion. If restoration of such a damaged or demolished structure has not commenced within six months, the nonconforming use may not resume unless and until a use permit has been granted in accordance with the provisions of Chapter 14.80.

(Ord. 04-267 § 6 (part); prior code § 10-2.2711)

No yard space or other open space provided about any structure in compliance with the regulations for the district in which it is located shall be deemed to provide a yard space or open space for any other structure, and no yard or other open space on one site shall be deemed to provide a yard space or open space for a structure on any other site.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2713)

(As provided in Chapter 14.74 of this title.)

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2714)

14.66.150 - Reduction of off-street parking and loading spaces.

(As provided in Chapter 14.74 of this title.)

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2715)

14.66.160 - Standards for off-street parking spaces.

(As provided in Chapter 14.74 of this title.)

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2716)

14.66.170 - Standards for off-street loading spaces.

(As provided in Chapter 14.74 of this title.)

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2717)

A landscaped strip or other landscaped area provided in compliance with district regulations or as a condition approval shall be planted with fast growing materials as identified by a landscape architect licensed in California suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped strips and other landscaped areas shall be watered, weeded, pruned, fertilized, sprayed, or otherwise maintained as deemed necessary by the building inspector.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2718)

(Ord. No. 2021-478, § 1, 9-14-2021)

Editor's note— Ord. No. 2018-440, § 4, adopted March 13, 2018 repealed § 14.66.190, which pertained to distances between structures and derived from Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2719; and Ord. No. 2012-375, § 7, adopted Jan. 24, 2012.

Required yards shall be measured horizontally from the nearest point of the property line of the site or the nearest point of the street line, whichever shall be nearer, to the nearest line of the structure; provided, however, where a setback line has been set by action of the council or any other duly authorized body, required yards shall be measured from the setback line, and no provision of this chapter shall be construed to permit a structure to extend beyond the setback line; and provided, further, where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes as designated on an official plan line adopted by the council, required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2720)

A.

Canopies, chimneys, cornices, eaves, overhangs, and similar architectural features may extend into any required side yard not more than four feet and may extend into any required front or rear yard not more than four feet.

B.

Window surfaces, such as bay windows and greenhouse windows having no foundation or other connection to the surface of the ground below, may extend into any required side yard not more than eighteen (18) inches and may extend into any required front or rear yard not more than eighteen (18) inches, provided such projections do not extend vertically between stories.

C.

Fire escapes, landings, and uncovered decks and porches may extend into a required rear yard up to six feet, but shall be no closer to the side property line as the side yard setback prescribed for that lot. Decks, walkways and other hardscape surfaces no more than six inches above grade may go up to any property line.

D.

Fences, walls, hedges, walks, driveways, or necessary retaining walls may occupy any required yard or other open space, subject to the provisions of Chapter 14.72 regulating fences.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part))

Editor's note— Ord. No. 2018-440, § 4, adopted March 13, 2018 repealed § 14.66.190, which pertained to lot coverage—exception for arbor (gazebo) and pergola (trellis) structures and derived from Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); and prior code § 10-2.2721.1.

The vertical dimension shall be measured from the average elevation of the finished lot grade at the front, rear, or side of the building, whichever has the greater height, to the highest point of the roof deck of the top story in the case of a flat roof or a mansard roof; and to the average height between the plate and ridge of a gable, hip, or gambrel roof. A mansard roof is defined as any roof element with a slope of sixty (60) degrees or greater.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2722)

(Ord. No. 2012-388, § 2, 11-13-2012)

14.66.240 - Height limitations—Exceptions.

A.

Spires, flagpoles, radio and television antennas, and transmission towers, except as noted below, may be erected to a height not more than fifteen (15) feet above the height limit prescribed by the regulations for the district in which the site is located, excluding R1 districts, provided no such structure shall be used for dwelling purposes or for commercial or advertising purposes.

B.

Antenna support structures for amateur radio transmitting or receiving antennas shall be subject to the following requirements:

No portion of antennas, support structures, and/or guy wires shall be located in the required front yard setback and/or in front of the main structure;

2.

The prohibitions relating to antennas, support structures, and/or guy wires set forth in subsection (B)(1) of this section shall apply to the secondary street side yards of corner lots;

3.

No portion of antennas shall be located within the required first-floor side yard setback for main structures;

4.

No portion of antennas, support structures, and/or guy wires shall overhang property lines;

5.

The prohibitions relating to antennas set forth in subsections (B)(1) through (B)(4) of this section shall apply as the antenna rotates;

6.

Ground-mounted antenna support structures located within the required rear yard setback, as well as all roof- and chimney-mounted support structures, shall not exceed a height of fifteen (15) feet above the main structure's height limit prescribed by the regulations for the district in which the site is located;

7.

Ground-mounted antenna support structures located within the buildable area of the main structure shall not exceed a height of: (i) sixty-five (65) feet for self-supporting, retractable or crank-up towers or masts, which must retract to less than seventy (70) percent of the fully-extended height; and (ii) fifty-five (55) feet for non-self-supporting towers or masts which require guy wires;

8.

Not more than one antenna support structure in excess of fifteen (15) feet above the main structure's height limit set for the zoning district shall be permitted per parcel or lot. Additionally, not more than three antenna support structures up to a height of fifteen (15) feet above the main structure's height limit set for the zoning district shall be permitted per parcel or lot;

9.

Antennas, support structures, and guy wires shall be maintained with no structural defects or visible damage.

C.

Antenna support structures in existence prior to January 7, 1993 (the effective date of the ordinance codified in this section) which are nonconforming may continue to be used. Rather than Sections 14.66.070 and 14.66.080 of this chapter, the following shall apply:

1.

Such a nonconforming structure may be repaired, maintained, or altered but shall not be enlarged, expanded, relocated, or modified as to increase the discrepancy between the existing conditions and the standards prescribed for the district within which the structure is located.

D.

Public utility distribution and transmission lines shall be allowed in all districts and to greater heights than allowed for the district if required in order to conform to California Public Utility Commission General Order No. 95. Prior to the acquisition of rights-of-way, recommendations shall be secured from the commission and the council for the route of proposed transmission lines of fifty (50) kilovolts or more.

E.

Cupolas, chimneys, tanks, or electrical or mechanical equipment required to operate and maintain the building, solar thermal and photovoltaic panels, parapet walls and skylights may project not more than twelve (12) feet above the roof and the permitted building height, provided the combined area of all roof structures, excluding solar thermal and photovoltaic panels, does not exceed four percent of the gross area of the building roof.

F.

An enclosed penthouse or roof structure, housing an elevator or stairwell that provides access to a roof top, or a tower may exceed the allowed height limit by no more than twelve (12) feet and shall be integrated into the exterior architectural style of the building provided such structure shall not exceed the minimum size required by Title 12 of the Municipal Code (Buildings and Construction). However, none of these structures shall be allowed for the purpose of providing additional usable floor space for dwellings, commercial space, or storage of any type.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2723; Ord. No. 2015-414, § 10, 9-8-2015; Ord. No. 2016-427, § 1, 11-8-2016; Ord. No. 2017-436, § 1, 10-10-2017)

The provisions of this chapter shall not be applicable to public utility transmission and distribution lines and poles.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2726)

A.

No portion of any required front yard shall be used for the storage of motor vehicles (except automobiles in fully operational condition), airplanes, boats, detachable camping apparatus, other miscellaneous mobile equipment, parts of any of the foregoing, or building materials (except building materials reasonably required for construction work on the premises pursuant to a valid and existing building permit issued by the city); provided, however, the property described in this subsection may be placed in the required front yard area for the purposes of loading, unloading, or other acts incidental to preparation for subsequent use for a period not to exceed three days in any one week.

B.

The prohibitions relating to storage set forth in subsection A of this section shall apply to required side yards of corner lots except when a fence has been legally constructed, pursuant to city regulations, of sufficient height and of a type which reasonably screens the stored property from public view and reasonably prevents it from becoming a nuisance by attraction to children.

C.

"Storage," as used in this section, shall mean the physical presence of the prescribed property, or any portion thereof, within the required front or side yard area for property within any zoned area, as the same is set forth and delineated in this chapter.

D.

"Week" as used in this section, shall mean the period from midnight Sunday to midnight the following Sunday.

E.

"Day," as used in this section, shall mean the period of time from any midnight to the following midnight.

F.

A fraction of a day shall be deemed an entire day for the purposes of computing time pursuant to the provisions of this section.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); Ord. 03-248 § 3, 2003: Ord. 02-408 § 2: prior code § 102.2727)

14.66.270 - Temporary uses.

A.

The planning director may approve the following temporary uses of property:

1.

Office uses which are commonly recognized as temporary in nature, including but not limited to, political campaign offices and interim office space during building remodeling projects, on the first floor of a building located within any commercial zoning district. Temporary offices shall be used for the minimum time period required to achieve the purpose of the temporary use, but not to exceed one year. The planning

director may approve an extension of the maximum time period, up to an additional six months, upon a showing of good cause. A temporary first floor office use shall not cause a significant disruption of continuous retail business.

2.

Temporary real estate sales office used exclusively for and located within a new residential project with at least fifteen (15) units. Temporary real estate sales offices shall be used for the minimum time period required, but not to exceed one year. The planning director may approve an extension of the maximum time period, consistent with the actual construction period, upon a showing of good cause.

3.

Seasonal holiday retail sales lots, including Christmas tree lots and Halloween pumpkin lots within any zoning district except those districts which are designated as single-family residential in the Los Altos general plan. Seasonal holiday retail sales lots shall be used for the minimum time period necessary, but not to exceed forty-five (45) days.

4.

Other uses which are determined by the planning director to be of the same general character as the above temporary uses.

B.

Temporary land use may be approved by the planning director if, from the application and the facts presented, he or she will find:

1.

The temporary use will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;

2.

The temporary use will be located and conducted in a manner in accord with the Los Altos general plan and the purposes of this title;

3.

The temporary use will not cause a significant disruption of continuous retail businesses;

4.

The potential benefits to the community have been considered with regard to determining the appropriateness of the temporary use and its location; and

5.

The temporary use includes appropriate conditions for the nature and duration of the temporary use to ensure compatibility with the surrounding neighborhood.

C.

Temporary land uses shall be subject to the following requirements:

1.

Application shall be made to the planning director and shall be accompanied by a fee as set by resolution of the city council.

2.

A temporary use, if approved, shall be limited to a specifically stated time period. The planning director may impose such reasonable restrictions as he or she deems necessary to achieve the purposes of this title and to assure operation of the use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity.

3.

After the premises are vacated by a temporary use, the tenant space shall revert to a permitted use, or a conditional use with a use permit, in the zoning district within which the property is located.

4.

Only those uses found to be of the same general character as the temporary uses permitted by this section may be approved by the planning director under the provisions of this section. If, from the application and the facts presented, the planning director is unable to make the required findings, the proposed temporary use shall be processed as a conditional use in accordance with the provisions of Chapter 14.80 of this title.

(Ord. 07-306 § 6 (part); Ord. 04-267 § 6 (part); prior code § 10-2.2730)

14.66.271 - Voter approval required for sale, transfer, or re-designation of city owned "parks" and "other open space" lands.

A.

Voter approval shall be required for any of the following:

1.

The sale or transfer of title of any city-owned land to another party, whether public or private, with a General Plan land use designation of "Parks" or "Other Open Space;" and

2.

The re-designation of city-owned land with a General Plan land use designation of "Parks" or "Other Open Space" to a different land use designation, except that the re-designation of any city-owned land from "Parks" to "Other Open Space," and vice versa, shall not require voter approval.

B.

For purposes of this policy, approval by a vote of the people is accomplished when an action is placed on the ballot at a general or special election through any procedure authorized in the California Elections Code, and a majority of the voters voting on the measure vote in favor of it.

C.

The voter approval requirement may be waived by the city council where necessary to comply with State or Federal law governing the provision of housing, including but not limited to affordable housing requirements.

(Ord. No. 2018-450, § 2, 10-9-2018)

14.66.275 - Entrance type standards.

A.

Stoop.

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B.

Porch.

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C.

Dooryard.

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D.

Shopfront.

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E.

Gallery.

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F.

Arcade.

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G.

Forecourt.

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H.

Terrace.

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(Ord. No. 2021-478, § 1, 9-14-2021)

14.66.280 - Design standards applicable to all multi-family and residential mixed-use development.

A.

Architectural Integrity.

1.

Material palette on all floors above the ground floor, not including floors contained within a sloped roof form, must be consistent.

2.

Change in material may occur only at the inside corner of a change in wall plane. Material must wrap around outside corners.

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B.

Firewalls and Visible Sidewalls.

1.

Any exposed surfaces shall be consistent with and expressive of the overall building design and shall be finished in the same palette of materials as the rest of the building. Front façade finished materials, façade cornices, wall top projections, decorative details, and moldings must be carried and repeated on the side wall.

2.

At least one of the following techniques must be employed on firewalls/visible sidewalls:

a.

Incorporation of windows where code allows and adequate fire protection can be provided.

b.

Gable and hip roofs to vary the height and appearance of sidewalls.

c.

Inset panels.

d.

Stepped-back front façade of upper floor(s) to vary the sidewall profile.

C.

Durability. Exterior finish materials shall have an expected lifespan of no less than thirty (30) years.

1.

Features to direct rainwater away from exterior walls shall include one or more of the following:

a.

Cornice, with drip at outer edge of corona (minimum twelve (12) inch projection).

b.

Projecting eaves (minimum twelve (12) inch projection).

c.

Scuppers, with or without downspouts (minimum twelve (12) inch projection if no downspouts are used).

d.

Gutters, with downspouts or rain chains.

i.

Downspouts shall be one color and shall not change colors to match the wall behind them.

ii.

Downspouts shall be round or rectangular, made of copper or metal.

iii.

Downspouts shall not break façade profiles (such as a cornice) but shall wrap around projecting profile.

2.

Exterior timber shall be protected from decay by one or more of the following:

a.

Material properties (e.g., cedar).

b.

Staining and sealing.

c.

Painting.

3.

Exterior ferrous metals shall be protected from corrosion by one or more of the following:

a.

Metallurgical properties (e.g., galvanized, stainless, or weathering steel).

b.

Painting or other impermeable coating.

4.

Windows.

a.

All windows must be recessed a minimum of three inches from the outer wall surface for all commercial and multi-family zones except the CT zone.

b.

Window openings surrounded by masonry finish materials shall include a lintel that is taller than the sill/apron and proportional to the load it appears to carry.

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D.

Materials. Materials shall appear only in places and configurations appropriate to their structural properties.

1.

Where walls use masonry finish materials (e.g. stone, brick, CMU), any openings spanned by the material must be either:

a.

Arched, with each arch defined by a continuous series of voussoirs and a single keystone at the apex; or

b.

Rectangular, with a continuous lintel spanning the opening and extending beyond by four to six inches at each end. Vertical dimension of the lintel shall be no less than one-eighths (⅛) of the clear span. Steel lintels are exempt from this minimum vertical dimension.

2.

When used, exterior timber posts, beams, rafters, purlins, brackets, etc. shall be joined according to structural principles.

3.

Where a change in material is desired, all façade materials shall turn the corner and terminate into a vertical element of the façade composition.

4.

Materials Defining Building Elements.

a.

Base. For multistory buildings, the base of the building shall be defined by a distinct material selected from among the following: Stone, brick, concrete, CMU, or stucco ("base material").

b.

Body. Typical materials for the main body of the building include wood, fiber cement, brick, stone, or stucco. If brick is used, it must extend vertically to the base; if stone is used, it must extend vertically to the foundation.

c.

Parapet. Parapets shall terminate in a parapet cap of stone, concrete, tile, metal, or molded stucco.

d.

Bays. Horizontal changes in finish material shall occur at the boundaries between bays rather than within a bay.

e.

Arcades. Arcades shall be supported by columns or piers in concrete/cast stone, fiberglass, or stucco. Archivolts and imposts shall be expressed using similar materials/appearance.

f.

Structural elements. Structural elements visible on the building exterior (e.g. rafters, purlins, posts, beams, balconies, brackets, trusses, columns, arches, etc.), even when ornamental, shall be sized and spaced according to their corresponding structural role, and materials shall be selected accordingly (see A. Architectural Integrity).

5.

Materials Allowed for Building Details/Ornament.

a.

Wood.

b.

Metal (wrought iron, copper, aluminum, tin).

c.

Glass fiber reinforced concrete (GERS)/fiberglass.

d.

Terra Cotta.

e.

Tile.

f.

Plaster.

E.

Colors.

1.

A maximum of four colors shall be applied to be the building façade:

a.

One primary color comprising fifty (50) percent or more of the façade excluding transparent surfaces.

b.

One secondary color comprising no more than thirty (30) percent of the façade excluding transparent surfaces.

c.

One tertiary color comprising no more than twenty (20) percent of the façade excluding transparent surfaces.

d.

One accent color for use on trim and architectural details.

2.

Materials with intrinsic, naturally-occurring coloration shall not count towards this maximum. Such materials are limited to copper, Corten steel, unpainted wood, tile, and brick. Materials with prefinished color (stucco, cement fiberboard, colorized metal) shall count towards the maximum.

3.

Changes in color may occur:

a.

To articulate changes between base, body, and top portions of a façade, which must be separated by a cornice or profile or a change in material and must remain consistent across the length of the façade bay.

b.

When a portion of the elevation is articulated as a separate building with a break in the roof form and a step back in the façade plane five feet or greater or step up in façade height at least ten (10) feet.

c.

On attached elements, such as bay windows, orioles, and balconies.

F.

Façade Lighting. Façade lighting shall be incorporated into all storefront design and all façades facing an R-1 district. Fixtures shall be:

1.

Shielded and directed onto the building façade.

Consistent in style with the primary building.

G.

Habitable Outdoor Space. Private, habitable outdoor space supported by the building structure, such as balconies or terraces, shall be either uncovered or sheltered. The following patterns are strongly recommended:

1.

Pergola: Posts supporting beams with brackets, which in turn support purlins and/or rafters. Posts shall be no narrower in any dimension than 3.5" or 1/20 of the unbraced post length, whichever is greater.

2.

Trabeation: Posts or columns supporting beams with or without brackets, which in turn support either an additional floor level (for multi-story porches/balconies) or a full roof system based on rafters and/or purlins with decking and finish material. Posts shall be no narrower in any dimension than 3.5" or 1/20 of the unbraced post length, whichever is greater. The distance between posts shall be no wider than the total post height.

3.

Arcuation: Encompassed by walls that are penetrated by arched openings bounded by either columns or piers. The ratio of column diameter [at lowest part of shaft] to column height shall be no less than 1:10 and no greater than 1:7. Width of piers at corners [abutments] shall be no less than 1/3 of the opening width; piers between multiple arched openings may be narrower.

4.

Rectilinear: Bounded by square/rectangular piers framing rectilinear wall openings. If lintels are expressed on the façade, they shall extend over the piers by 4"—6" at each end. Piers shall be no narrower in any dimension than 15.5" or 1/6 of the opening width, whichever is greater. Piers at corners shall be wider than piers between openings.

5.

Fabric Shading: Shaded by fabric elements such as awnings or stretched canvas, secured to the building structure, sheltered by Main Roof Form, supported by other building volumes.

a.

Cantilevered balconies shall be secured architecturally to the wall below by brackets.

b.

Bracket material shall be consistent with that of the balcony's floor structure.

H.

Historic Preservation.

1.

Additions to buildings with historic designation shall be identifiable from original construction. Additions shall employ similar or complementing materials and colors and shall exhibit similar opening proportions, façade rhythms and horizontal elements as the original.

2.

Original transom windows shall be maintained or restored where possible. If the ceiling inside the structure has been lowered, the ceiling shall be stepped up to meet the transom so that light will penetrate building interior.

3.

Deteriorated architectural features shall be repaired rather than replaced wherever possible. If replacement is necessary, new materials shall match the original in design, color, texture, and other visual qualities. If the original was painted, the substitute materials shall be painted as well.

I.

Sustainability in Design.

1.

All new construction shall incorporate landscaping and fenestration to passively cool the building; energyefficient HVAC; and energy efficient lighting.

2.

All energy generation devices must blend in with the building color.

3.

All on-site landscaping shall be drought-resistant and require minimal irrigation.

J.

On-site landscaping.

1.

Trees proposed within street-facing setbacks must be selected from the Los Altos Street Tree Planting List.

2.

Trees planted on the south side of the building must be deciduous.

3.

Species shall be selected and located according to direct sunlight needs.

4.

Vegetation shall be installed along all exposed east and west facing walls.

5.

Groundcovers shall be planted over a minimum fifty (50) percent of landscaped areas to prevent ground reflection and keep surfaces cool.

6.

When parking is tucked under a building, landscape planters must be provided to break up the continuous paving at the building's edge.

K.

Screening.

1.

Rooftop mechanical equipment must be screened from public view.

2.

Barbed wire, chain-link, and razorwire are not permitted.

(Ord. No. 2021-478, § 1, 9-14-2021)

Chapter 14.68 - SIGNS ON PRIVATE PROPERTY

Sections:

14.68.010 - Title, authority, scope.

A.

Title. This chapter shall be known as signs on private property ordinance of the City of Los Altos, California.

B.

Authority. This chapter is adopted pursuant to the city's general and police powers, California Constitution Article XI, section 7; California Government Code sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code sections 5200 et seq., 5230, and 5490 et seq.; Penal Code 556 et seq.; and other applicable state laws.

C.

Scope. This chapter regulates signs, as defined herein, which are within the legal corporate limits of the city, but not on city property, as defined herein, or in the public right-of-way, or on property owned and/or controlled by other city controlled entities. Signs on city property and the public right-of-way are controlled by Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines." This chapter does not regulate signs used in conjunction with parades, demonstrations and public assemblies; such matters are covered in Chapter 9.25.

(Ord. No. 10-357, § 2, 11-23-2010)

The purpose of this chapter is to create, execute and enforce a comprehensive system for the reasonable regulation of signs, as defined herein, within the city. By adopting this chapter the city intends to balance many competing interests, which include but are not limited to the following:

A.

Expression. To allow businesses, establishments, and individuals to exercise their right to free speech by displaying an image on a sign and to allow audiences to receive such information.

B.

General Plan. To execute the goals of the community design and historic resources element of the city's general plan.

C.

Cumulative Visual Impact. To limit the adverse cumulative effects of signs and sign structures on community aesthetics and the visual element of the physical environment. Regulations of signs consistent with the goals and objectives of the community are necessary to ensure that the community character and image are protected.

D.

Visual Attractiveness. To maintain Los Altos's visual attractiveness for residents and visitors, as well as for commercial, industrial and professional businesses and other establishments, while maintaining economic stability.

E.

Public Health. To protect the general public health, safety and welfare of the community.

F.

Safety. To reduce possible traffic and safety hazards through regulations which eliminate visual clutter and distractions along city streets and freeway corridors.

G.

Information. To accommodate the need for signs to direct persons to various places, activities and uses, in order to provide for maximum public convenience.

H.

Reasonable Regulation. To provide a reasonable system of sign regulation to ensure the development of a high quality visual environment.

I.

Economic Enhancement. To enhance the economic value of the community and each area, business and use thereof, through the regulation of such elements as size, number, location, design and illumination of signs.

J.

Protect Property Values. To preserve and protect the appearance of, and property values within, the city.

(Ord. No. 10-357, § 2, 11-23-2010)

The principles stated in this section apply to all signs and procedures within the regulatory scope of this chapter and to all provisions of this chapter.

A.

Applicability. All signs within the scope of this chapter shall conform to the provisions of this chapter. If any provision of this ordinance imposes more stringent requirements than are set forth within this chapter, the more stringent provisions shall prevail. In addition to the provisions of this chapter, specific regulations shall apply as provided for in each specific plan. This chapter is intended to have prospective effect only; however, this does not waive the city's right to demand compliance with this chapter, or to demand abatement of existing signs which were illegal when installed and have never been legalized, or which expand nonconformities without proper permitting.

B.

Enforcement. The director is authorized and directed to enforce and administer this chapter.

C.

Regulatory Interpretations. All regulatory and administrative interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies.

D.

Message Neutrality. It is the city's policy and intent to regulate signs in a manner consistent with the U.S. and California Constitutions, which is content neutral as to protected noncommercial speech and which does not favor commercial speech over noncommercial.

E.

Message Substitution. Subject to the property owner's consent, a protected noncommercial message of any type may be substituted, in whole or in part, for the message displayed on any sign which is already legal or legal nonconforming without consideration of message content. Such substitution of message may be made without any additional approval or permitting, provided that the message substitution makes no changes to the physical structure of the sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over protected noncommercial speech, or favoring of any particular protected noncommercial message over any other protected noncommercial message. In addition, any onsite commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is legal without taking message content into consideration. Message substitution is a continuing right and may be exercised any number of times, in whole or in part. Message substitution applies only to messages which are within the protection of the First Amendment to the U.S. Constitution and corresponding provisions of the California Constitution.

ded that the sign structure or mounting device is legal without taking message content into consideration. Message substitution is a continuing right and may be exercised any number of times, in whole or in part. Message substitution applies only to messages which are within the protection of the First Amendment to the U.S. Constitution and corresponding provisions of the California Constitution.

This message substitution provision does not: 1) create a right to increase the total amount of signage on a parcel, lot or land use, beyond that otherwise allowed; 2) affect the requirement that a sign structure or mounting device be properly permitted, when any permit requirement applies; 3) allow a change in the physical structure of a sign or its mounting device; or 4) authorize the substitution of an offsite commercial message in place of an on-site commercial message or in place of a noncommercial message.

F.

On-site/Offsite Distinction. Within this chapter, the distinction between on-site signs and offsite signs applies only to commercial messages. There is no location criterion for noncommercial speech on signs.

G.

Permanent Signs: Accessory or Appurtenant Uses Only. Unless otherwise provided herein, permanent signs are to be accessories to, or appurtenant to, or auxiliary to, a main, principal or primary land use on the same parcel; the signs themselves are not to be a primary, principal, or secondary principal use on any parcel. This provision applies prospectively only.

H.

Billboard Policy. Billboards, as defined herein, are prohibited. The city completely prohibits the construction, erection or use of any billboards. No existing, legal billboard may be converted to digital display, electronic changeable image display, mechanical changeable image display, or to function as a "message center" as that term is defined in Business and Professions Code section 5216.4. Signs within an area controlled by a master sign program which display messages pertaining to establishments subject to the same master sign program are not billboards, and thus are not subject to this prohibition.

No permit shall be issued for any billboard sign, and the director shall take immediate action against any billboard constructed, installed or maintained in violation of this policy. In adopting this provision, the city council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. Under this policy, no existing legal sign used for on-site commercial message

display may be converted to use, in whole or in part, as general advertising for hire. This provision shall control over any more specific provision to the contrary.

The city council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable.

I.

Noncommunicative Aspects. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

J.

All Permit Requirements Must Be Satisfied. Unless expressly exempted from the permit requirement by this chapter, all permanent signs may be mounted, constructed, installed or displayed only pursuant to a sign permit issued by the city. In addition, the sign owner or sponsor and the property owner must satisfy all other applicable permit and approval requirements, such as building permits, electrical permits, grading permits, etc., even if the sign is exempt from the sign permit requirement.

K.

Discretionary Review. Whenever any sign permit, variance, conditional use permit, specific plan, site development plan, planned development approval, master sign program or other sign-related decision is made by any exercise of official discretion, such discretion shall be limited to the noncommunicative aspects of the sign, as defined herein, and compatibility with the location. Graphic design themes may be evaluated only for a master sign program, and then only as applicable to commercial message signs. Signs under a master sign program must be complete in all other building, structural and electrical requirements.

L.

Legal Nature of Sign Rights and Duties. As to all permanent signs attached to real property, the sign-related rights, duties and obligations arising from this chapter attach to and travel with the land on which a sign is mounted, installed or displayed; such rights and duties do not travel with the permittee, sign owner or message sponsor. A sign permit is an official authorization to place a specific permanent sign on a specific parcel of land in a specific location. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases, or the ownership of sign structures. This provision does not apply to hand-held signs, temporary or portable signs, personally-attended signs, or aspects of personal appearance. This provision does not prevent a sign owner from removing a sign structure from a given location and installing it in another location, so long as all permit requirements applicable to the new location are satisfied and any permits and/or modifications thereof have been approved and issued.

M.

Owner's Consent. No sign may be placed on private property without the consent of the legal owner of the property and all persons holding the present right of possession and control thereto. This does not apply to sign placements required by court order or required by law.

N.

Responsibility for Compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the permit holder, all parties holding the present right of possession and control of the property where a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control.

O.

Mixed Uses. When both residential and nonresidential uses are allowed in a given area, then the signage rights and duties applicable to the residential uses shall be those which would apply if the residence were located in the most nearly similar residential zoning district, and the signage rights and duties for nonresidential uses will be those that would apply in the most nearly similar nonresidential zoning district.

P.

Safety Codes. When a sign qualifies as a "structure" under the building code, a building permit shall also be required. Compliance with all applicable safety codes is required of all signs, even if the sign is exempt from the sign permit requirement.

(Ord. No. 10-357, § 2, 11-23-2010)

The definitions in this section apply to this chapter, and are to be construed in context.

Address sign: A sign displaying the official street address of a building or part thereof.

Advertising: In the context of this chapter, means commercial messages on signs, and does not include noncommercial messages.

Alteration: Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. Changes to graphic images or graphic designs are not within this definition.

Animated sign: Any sign that uses movement or change of lighting, either natural or artificial, to depict action or create a special effect or scene.

Attached sign: A sign which is affixed to a building or structure. Attached signs include, but are not limited to, wall signs and roof signs, in contrast to freestanding and monument signs.

Awning: A roof-like shelter extending from an exterior wall of a building over a pedestrian or vehicular way and which may or may not project over public property.

Balloon sign: A non-porous bag or envelope filled with heated air, a gas lighter than air, or air under pressure, that is sixteen (16) inches or more in diameter, and is used for advertising or attention-getting purposes.

Banner sign: Any cloth, bunting, plastic, paper or similar material used for advertising or to attract attention.

Billboard: A permanent structure sign which meets any one or more of the following criteria: 1) it is used for the display of offsite commercial messages; 2) it is used for general advertising for hire, in contrast to selfpromotion; 3) it is not an accessory or auxiliary use serving a principal use on the same or adjacent or nearby parcel, but rather is a separate or principal use of the parcel; 4) it is a profit center on its own, and in the case of multiple principal uses on the same parcel, the sign is distinct from the main operations of the principal use on the parcel. Signs within an area controlled by a master sign program which display messages pertaining to establishments within the same sign program area are not billboards.

Blade sign: A sign which hangs from a bracket attached to a building wall at approximately a ninety (90) degree angle to the building wall.

Building frontage: The length of a building which is parallel to a lot frontage.

Canopy sign: Any sign attached to a projecting canopy or protruding over a sidewalk.

City: The City of Los Altos, California.

Commercial districts: The zoning districts designated CN (commercial neighborhood), CD (commercial downtown), CD/R3 (commercial downtown/multiple-family), CRS (commercial retail sales), CRS/OAD (commercial retail sales/office-administrative district) and CT (commercial thoroughfare).

Commercial mascot: A person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. Includes sign twirlers and sign clowns.

Commercial message: An image or message on a sign which primarily concerns the commercial and/or economic interests of the sign sponsor or intended audience, or which proposes a commercial transaction.

Construction site sign: A sign displayed on the site of a construction or remodeling project during the period of time of actual construction.

Copy: Any letters, numerals, or symbols displayed on a sign face to convey a message to the public; the elements of a visual image which are intended to be communicative.

Copy area: That portion of the display face which is actually occupied by visually communicative elements.

Digital sign: An electronic sign which displays visible images to the public by means of panels of light emitting diodes (LED), liquid crystal displays (LCD), plasma displays or functionally equivalent display technology, and the panels are capable of displaying still images, a series of still images in "slide show" fashion, or images which appear animated or in motion, including DVD (DVD means digital video disc or digital versatile disc) or computer displays. Such signs are typically programmable and changeable by remote control or automated control devices such as computers.

Directional sign: A sign which provides location and direction information to pedestrian or vehicular traffic.

Director: The city's director of community development, or city planner designee.

Directory sign: A sign within a multi-tenant property which identifies tenants.

Display face: That portion of a sign upon which the visually communicative elements are placed.

District: An area or areas designated on the zoning map and subject to uniform use and development regulations.

Double faced sign: A sign with two faces, with each face oriented approximately one hundred eighty (180) degrees (back to back) from the other.

Erect: In the context of this chapter, to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix one or more signs.

Establishment: Any legal use of land, other than long-term residential, which involves the use of structures subject to the building code. By way of example and not limitation, this definition includes businesses, stores, warehouses, factories, farms, private schools, churches, hospitals, hotels and motels, offices and libraries, but does not include single family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. This definition does not include nature preserves, open space, raw land, broadcasting towers, or electrical transmission or transformer stations at which persons are not regularly present.

Face change: A change in the display face of a sign which does not involve any other physical or electrical changes to the sign structure. Channel lettering and slide-in face panels are within this definition.

Flag: A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol.

Freestanding sign: A sign which is not attached to or supported by another structure, but rather is mounted directly on the ground and provides its own support structure.

Frontage: The property line of a parcel abutting a street or public parking facility, which property line is measured in linear feet. If a parcel has more than one frontage, one of the frontages shall be designated "primary frontage" as indicated herein, and the remaining frontage(s) shall be designated "secondary frontage(s)." On a parcel with more than one frontage, the primary frontage shall be on the same side of the building as the principal or most-traveled customer entrance, or if the customer entrance does not face a street or public parking facility, the primary frontage shall be on the same side of the lot as the access driveway. If an establishment has more than one frontage with a customer entrance, the property owner shall designate one of them the primary frontage. If the customer entrance is located at the corner of a building where two streets, or a street and a public parking facility intersect, and a sign is located above the entrance, the allowed sign area shall be based on the frontage with the lesser dimension.

General advertising: The commercial enterprise of advertising or promoting other businesses, establishments or causes, in contrast to self-promotion or on-site advertising. Also known as "advertising for hire" and "general advertising for hire." This definition applies even when the sponsored message is noncommercial or promotes a nonprofit cause or institution.

Graphic design: The overall layout, form, proportion, scale, color, materials, surface treatment, overall sign size and style, character, typography, and size and style of lettering of a sign. Does not include noncommunicative aspects of the sign.

Height: The vertical distance between the average adjacent ground level (for freestanding signs), or the roof level (for roof signs) and the top of the sign, including all superstructure, support and architectural or design elements.

Illegal sign: Any sign installed without required government approval and/or permits at the time it was placed. The term includes any sign which was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but which was subsequently altered so as to be out of compliance with then-applicable law, including the terms of permits which authorized construction. The term also includes any sign which has been expanded beyond its previous legal, non-conforming size, or when it has been modified in a manner that did not satisfy all legal requirements in effect at the time. All signs described in Business and Professions Code section 5499.1 and defined therein as an "illegal onpremises advertising display" are also within this definition.

Illuminated sign: Any electric sign or other sign employing the use of lighting sources (other than natural light or ambient lighting) for the purpose of decorating, outlining, accentuating or brightening the display face or the copy.

Information sign: A sign providing functional information as a service, direction or courtesy whose information is intended to assist the public. Information signs include but are not limited to the location of public facilities (e.g., store entrances, walk-up windows, self-service operations); and courtesy information (e.g., hours of operation, menus, "credit cards accepted," "restrooms," "no solicitors"). Not within this definition: Motor fuel price signs required or regulated by state law, government signs, and signs whose main purpose is advertising.

Legal nonconforming signs: See Chapter 14.66.

Mobile billboard: A motor vehicle which traverses upon the public road or street for the main purpose of displaying a sign mounted upon, attached to, or towed behind the vehicle, when the image on the sign is not a "vehicle and vessel insignia," as listed in the exclusions from definition of "sign."

Motor fuel price signs: Those signs required by Business and Professions Code 13532 et seq.

Multi-faced sign: A sign with more than two faces with each face oriented at less than one hundred eighty (180) degrees from the other.

Name plate: A sign which identifies a person(s), family, or establishment by name and / or address.

Noncommercial message: A message displayed on a sign which expresses an idea or point of view on a topic of public debate and concern, including politics, religion, education, art, science, history, and social issues.

Noncommercial sign: A sign displaying a noncommercial message.

Noncommunicative aspects: Those aspects of a sign which do not present a visible, communicative image, such as sign size, height, setback, mounting devices, support structures, etc.

Office districts: The office zoning districts designated OA, OAD, OA-1 and OA-4.5.

Offsite sign: A sign which directs attention to a business, establishment, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such a sign is displayed. The on-site - offsite distinction applies only to commercial messages on signs.

On-site sign: A sign advertising the commercial business, accommodation, establishment, services or activities provided on the same premises, or expected or scheduled to be provided at that location in the near future. In the case of developments subject to a master sign program, all establishments subject to the plan are considered on-site when located within the area to which the plan applies. All establishments within a shopping center are on-site as to any sign(s) also located within that shopping center. As to construction site signs, "on-site" means any message or copy concerning parties involved in the specific construction project, as well as the intended use of the project when complete. The on-site - offsite distinction applies only to commercial messages on signs.

Permanent sign: A sign which by its physical nature is designed for and suitable for display longer than ninety (90) days; the term includes all signs which qualify as a "structure" in the building code.

Person: Any natural person, firm, association, organization, partnership, trust, joint venture, corporation or company, as well as officers and agents thereof.

Portable sign: Any sign not permanently or firmly attached to the ground or other permanent structure, or a sign designed to be easily transported or moved, including, but not limited to: Signs on trailers or other wheeled devices; A-frames; menu and sandwich board signs; balloons used as signs; and umbrellas used for advertising.

Primary frontage: See "frontage."

Public utility sign: A sign erected by a public utility in or near a public right-of-way or utility easement in fulfillment of the duty to warn or statutory duties.

Protected: A message that is within the protection of the First Amendment to the U.S. Constitution and/or the corresponding provisions of the California Constitution.

Real estate sign: A sign whose message concerns a proposed transaction, such as sale, lease, or exchange, of real property. Signs on establishments offering transient occupancy, such as hotels, motels, inns and bed and breakfast places, concerning vacancies and rates, are not within this definition. All signs described in Civil Code 713 are within this definition.

Residential districts: The single-family and multiple-family residential zoning districts designated R1-10, R1H, R1-20, R1-40, R3-4.5, R3-5, R3-3, R3-1.8, R3-1, CD-R3, PC and PUD.

Roof sign: A sign erected on a roof or projecting above the eave of a building or coping of a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.

Safety codes: Those regulatory codes which define and require safe methods of construction or demolition, including but not limited to, the codes for building, electrical, plumbing, grading, demolition, etc.

Secondary frontage: See "frontage."

Shopping center: Eight or more ground floor retail stores and/or service establishments occupying a minimum of fifty thousand (50,000) square feet total, located on the same parcel and sharing customer parking spaces.

Sign: In general, the public display of a communicative image for the purpose of attracting attention and/or expressing some message, which is visible from an exterior location open to the public. The word includes any visible image which, either directly or indirectly, advertises, informs or identifies persons, businesses, commodities, services or ideas by the display of any communicative image or graphic design. The word "sign" also includes, but is not limited to, all writing, trademarks, graphic illustrations and lighting primarily directed at facilitating communication, as well as supporting structures. However, notwithstanding the breadth and generality of the foregoing, the following are not within the definition of sign:

•

Aerial signs or banners towed behind aircraft;

•

Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function;

•

Fireworks;

•

Foundation stones and cornerstones;

•

Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased;

•

Historical plaques;

•

Holiday decorations and cultural observances which are on display in season and which do not include commercial advertising messages;

•

Inflatable gymnasiums. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices; also called "party jumps";

•

Interior graphics. Visual communicative devices, interior signage or digital signs or digital displays, that are located five or more feet from the store front window and entirely within the building or other enclosed

structure and are not visible from the exterior thereof;

•

Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

•

Mass transit graphics. Graphic images mounted on duly licensed and authorized public mass transit vehicles that legally pass through the city; taxis;

•

Newsracks and newsstands;

•

Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or hand-held signs or sign twirlers);

•

Ribbons. Notwithstanding the prohibition to signs on city property contained in Chapter 14.68, Section 14.68.070.D and Chapter 9.26, Section 9.26.040, ribbons on city trees are not considered signs and may be allowed only in the city's downtown commercial districts, including the CRS, CRS/OAD, CD and CD/R3. Such ribbons shall not have any advertisement, name of event or any other written message or any graphic element contained in or attached to the ribbons, and they shall be removed within two weeks;

•

Search lights when used as part of a search and rescue or other emergency service operation. This exclusion does not apply to search lights used as attention attracting devices for commercial or special events;

•

Shopping carts, golf carts, horse drawn carriages, pedicabs and similar devices. Any motorized vehicle which may be legally operated upon a public road is not within this exclusion;

•

Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary, etc.;

•

Vehicle and vessel insignia. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (mobile, on-site commercial speech, in contrast to general advertising);

•

Vehicles displaying allowable commercial message signs, and parked in public view, with a maximum six square feet of copy area;

•

Vending machines, automated intake devices and product dispensing devices which do not display offsite commercial messages or general advertising messages;

•

Window displays. The display of merchandise in a store window.

Sign area: The area of the communicative elements of a sign, the computation rules for which are stated in Section 14.68.080.A.

Sign copy: The words, letters and symbols displayed on a sign. Also known as "copy" or "advertising copy."

Sign structure: The structural elements of a sign and the supporting structure thereof, other than a building.

Sign twirler: One or more persons displaying (a) hand-held sign(s) in a manner to attract attention by motion of the sign, such as by twirling, spinning, twisting, tossing, alternating direction, acrobatic moves, group choreography, etc.

Street: The surface of and the space above any public street, highway, alley, sidewalk, or other such rightof-way or place over which there is public control of the use or occupancy.

Temporary sign: Any sign, banner or advertising display, usually constructed of cloth, fabric, wood, paper or other light material with or without a frame, and designed and intended to be displayed for a short period of time, typically less than ninety (90) days.

Traffic directional sign: A sign which serves to control or direct traffic, parking and pedestrian movements.

Under-canopy sign: A sign suspended below a fascia, canopy or awning in a manner that is perpendicular to the building and oriented to pedestrians.

Use: Each legal activity, business or occupancy for which land or a building thereon is actually employed. Also called "land use."

Visibility triangle: That triangular shaped portion of a lot located adjacent to the intersection of two streets or a street and an alley. The triangle is formed by first projecting the property lines contiguous with the street to a point of intersection. From that point, two legs of the triangle are measured for a length of thirty (30) feet along the projected property lines. The third leg, or base, is the line connecting the two end points.

Wall sign: Any sign attached to or erected against a wall, awning, canopy, fascia, or roof of a building or structure, with the exposed face of the sign approximately parallel to and extending no more than twelve (12) inches from the surface of said structure.

Window sign: A sign which is displayed on or through a window and is intended to be viewed from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.

(Ord. No. 10-357, § 2, 11-23-2010; Ord. No. 2012-377, §§ 1, 3, 2-14-2012)

14.68.050 - Sign permits; other sign-related decisions; appeals.

A.

Scope. This section applies to all signs which may be erected, maintained or displayed only by a sign permit. The internal review and appeal procedures also apply to any other sign-related decision made by the city, including but not limited to removal orders, revocation of permits, orders to abate, etc.

B.

Permit Generally Required. It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within the City of Los Altos without first obtaining a sign permit to do so, and paying the appropriate fees prescribed therefore. This rule does not apply to signs which are exempted from the permit requirement by an explicit provision of this chapter.

C.

Compliance. The director shall require that all signs, sign proposals and permit applications conform to this chapter. A permit shall be issued for a sign or sign structure only when it complies with the requirements of this chapter. A sign permit may be issued subject to compliance with permitting requirements imposed by other sources of law, including the safety codes. When the proposed sign will encroach into or project over public right-of-way, city-owned property, or property owned by parties other than the applicant, then an encroachment permit or other consent is required. Where there is a conflict between the provision of this chapter and other applicable regulations, the more restrictive shall apply.

D.

Right to Permit or Display. When any sign permit application fully complies with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time, provided that all application materials are complete and have been submitted in a form sufficient to permit the city to review and act upon such application within said time frame, and are in accordance with the conditions for sign permits as set forth below. In the case of signs which are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this chapter, subject to all applicable rules.

E.

Variances. The approval authority for sign permit applications which require or seek a variance shall be the board of adjustments. Consideration of a variance may not involve evaluation of graphic design or

protected message content. Sign variances are subject to Chapter 14.82.

F.

Compatibility Review. In addition to all other requirements of this chapter, as to all signs subject to the sign permit requirement, the director shall evaluate the compatibility of a sign structure with its proposed location, using the noncommunicative aspects of the proposed sign. The following criteria may be considered: style or character of existing improvements upon the site and lots adjacent to the site; visual elements such as construction materials, structural design details, the number and spacing of signs in the area; the sign's height, design, and location in relation to its proposed use; the sign's relationship with other nearby signs, other elements of street and site furniture and with adjacent structures; form, proportion, scale, materials, surface treatment, overall sign size; potential effect of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial) of a structure or façade or public view of historical or architectural significance; potential obstruction of views of users of adjacent buildings to side yards, front yards, open space, or parks; potential negative impact on visual quality of public spaces, including but not limited to recreation facilities, public squares, plazas, courtyards and the like; and whether the sign will impose an aesthetically foreign or inharmonious element into the existing skyline or local viewscape. Individual signs and master sign programs shall also be consistent with applicable specific plans, design plans, and/or design guidelines for the subject district. Compatibility review is subject to and limited by Section 14.68.030.K, Discretionary Review.

G.

Exemptions; Alterations. Signs legally existing prior to the effective date of this chapter shall be exempt from the sign permit requirement unless a structural alteration is made, or the sign area or any other point of nonconformity is enlarged or expanded. In the case of such structural alterations or expansion, a sign permit is required.

H.

Application for a Sign Permit. Any person seeking a permit for a sign, for which a permit is required, shall submit to the director a written application for such sign permit. The director shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. The form may call for attachments to be prepared by the applicant. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the city council. In the case of after-the-fact permitting ("as built" permit), the otherwise applicable fee shall be doubled.

I.

Application Contents. The sign permit application form may call for the following information:

1.

Four sets of a fully dimensioned site plan (drawn to scale) indicating all property lines, public and private street lines (including center lines), structures, easements, and the location and size (in square feet) of all existing and proposed signs;

Four sets of a fully dimensioned architectural elevation drawing (shown to scale) indicating thereon all sign matter, graphic design elements, materials, and method of illumination, and if required by the director, a photographic simulation;

2.

Name, address, APN (assessor's parcel number) and telephone number of the applicant and, if applicable, the name, address, and telephone number, as well as the license number, if any, of the sign contractor;

3.

Address and zoning district of the property where the sign is proposed to be displayed;

4.

Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area;

5.

Written evidence of all owners' consents, such as land owner or lessor;

6.

A statement as to whether the sign is intended to be used in whole or in part for offsite commercial messages, advertising for hire or general advertising;

7.

A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: Sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; light emitting diodes, liquid crystal displays or other video-like methods; digital display technology; use of live animals or living persons as part of the display; mannequins or statuary;

8.

A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application;

9.

Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed;

10.

In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or master sign program, all information required by such process(es);

11.

The director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) calendar days public notice. The director is also authorized to request, require or accept application materials, in whole or in part, in computer readable format, and to specify the acceptable formats for such submissions.

J.

Master Sign Programs. Permit applications for master sign programs shall include the information listed above.

K.

Signs which are Part of a Larger Project. When approval is sought for a development that includes one or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. Such proposals may be reviewed by architectural and site review committee.

L.

Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the director's written notice of determination shall specify the grounds for such denial as to each sign.

M.

Completeness. The director shall determine if the application contains all the required information. If the application is not complete, the applicant shall be so notified in person or in writing initially within thirty (30) calendar days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary. The applicant shall then have one opportunity, within thirty (30) calendar days, to submit additional information to render the application complete; failure to do so within the thirty (30) calendar day period shall render the application void.

N.

Disqualification. No sign permit application will be approved if:

1.

There is on the site a sign which is illegal and, at the time of submission of the application, each illegal or non-permitted sign has not been legalized, removed or a cure included in the application;

2.

There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different

establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;

3.

The sign application is substantially the same as an application previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application;

4.

The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application.

O.

Conditional Approval. A sign permit may be approved subject to conditions, so long as fulfillment of such conditions is required or authorized by this chapter or some other applicable law, rule, regulation or policy.

P.

Timely Decision. At each level of review or appeal, the decision shall be rendered in writing within thirty (30) calendar days. The time period begins running when a challenge is received, the application is complete (or is deemed complete because no notice of incompleteness has been given), an amendment is received, or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed denied; in the case of an appeal, the lower level decision shall be deemed affirmed.

Q.

Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall specify the grounds for denial.

R.

Revocation or Cancellation. The director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirements of this chapter after written notice of noncompliance and at least fifteen (15) calendar days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

S.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the city upon written notice, to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place, and includes, but is not limited to, material misrepresentations or omissions in the application materials, and oversights or errors in the processing thereof.

T.

Inspections. Inspection and approval of foundations is required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method, etc., and for compliance with all applicable safety codes. All signs subject to building permit require final inspection and approval by the building official.

U.

Sign-Related Decisions. Challenges to sign-related decisions, other than decisions on a sign permit application, do not require a particular form, but must be in writing, signed by the applicant or challenger, and particularly state the matter challenged and the grounds therefore. Challenges shall be made to the director.

V.

Levels of Review. Except for signs subject to initial review by the board of adjustments or architectural and site review committee, initial review and decisions on all sign permit applications shall be by the director unless otherwise stated herein. Successive levels of review are, in order: Staff, the architectural and site review committee and/or board of adjustments, the planning commission, and the city council.

W.

Appeal.

1.

Appeals to the Architectural and Site Review Committee. Any action of the director regarding signs may be appealed by the applicant or any interested party to the architectural and site review committee. Said appeal shall be in writing, shall state the reasons for the appeal, shall be accompanied by a fee which shall be set by city council resolution and shall be filed with the city clerk within fifteen (15) calendar days of the decision. The appeal shall be heard at the next regularly scheduled meeting of the architectural and site review committee for which the filing deadline has not already lapsed. The applicant shall be responsible for providing additional sets of plans as required by the city planner.

2.

Appeals to the City Council. Any action of the architectural and site review committee or board of adjustments may be appealed by the applicant or any interested party to the city council. Such appeal shall be in writing, shall state the reasons for the appeal, shall be accompanied by a fee which shall be set by city council resolution, and shall be filed with the city clerk within fifteen (15) calendar days of the action of the architectural and site review committee. The appeal shall be heard at the next regularly scheduled meeting of the city council for which the filing deadline has not already lapsed. The applicant shall be responsible for providing additional sets of plans as required by the city clerk.

X.

Hearing Requirements. The body hearing the appeal shall do so in a duly noticed hearing open to the public, at which evidence is taken and a decision is rendered within thirty (30) calendar days of the hearing.

The timely hearing and decision requirements may be waived by the applicant or appellant.

Y.

When Appeal Right Arises. The appeal right arises at the earlier of: 1) whenever a written decision is delivered to the applicant, or 2) the time for decision has run without a written decision. In this context, "delivered" means personally delivered, sent by email to an email address provided by the applicant, challenger, or appellant, or placed in the U.S. Mail, whichever occurs first.

Z.

Time and Method for Appeal. Any affected person may appeal any sign permit or other sign-related decision to the next level of review, so long as the notice of appeal is delivered to or received by the city clerk within fifteen (15) calendar days of the decision. If the fifteenth calendar day falls on a day when city offices are closed, then the time period is extended until the close of business hours on the next day that city offices are open. Appeal at any level is begun by filing a written notice of appeal with the city clerk within fifteen (15) calendar days of the decision, stating with particularity the matter appealed from, and the grounds for the appeal. The body hearing the appeal may uphold the lower decision, grant the appeal, or modify the lower decision.

AA.

Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

BB.

Judicial Review. Following final decision by the city council, or the council's waiver of review, any affected person may seek judicial review of the final decision on a sign permit application pursuant to the applicable provisions of the California Code of Civil Procedure.

CC.

Notices. Written notices required within this chapter shall be deemed given on the earliest of the following: When personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee.

(Ord. No. 10-357, § 2, 11-23-2010)

When allowable under the rules for particular zoning districts, the signs described in this section are exempt from the sign permit requirement and do not count toward the otherwise applicable area limit, unless stated otherwise in this section. However, such signs must still satisfy the rules stated in this section, and are still subject to other applicable permit requirements, such as safety codes, or permits required under Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines."

A.

Address signs and name plates which do not exceed two square feet cumulative per lot.

B.

Information signs not exceeding four square feet cumulative per nonresidential lot.

C.

Traffic directional signs on nonresidential property, not exceeding four square feet, cumulative per lot. Traffic directional signs exceeding four square feet, individually or cumulatively as to any one lot, are subject to a sign permit, but do not reduce the amount of otherwise allowable sign display area.

D.

Changes of copy on changeable image signs, not including digital signs.

E.

Change of display face on permanent signs when there is no accompanying change in the sign's structure.

F.

Directory signs on multi-tenant nonresidential uses, not exceeding ten (10) square feet cumulative per lot.

G.

Public utility signs.

H.

Signs Authorized or Required by Law. Signs prescribed, required or authorized by law or any notice posted by a public official in performance of their official duties or pursuant to a valid court order.

I.

Motor fuel price signs, as required by state law, Business and Professions Code 13532 et seq., which shall be limited in size to the minimum necessary to satisfy state law.

J.

Flags, so long as: 1) the total area (measured one side only) does not exceed fifty (50) square feet; 2) the height of any freestanding pole does not exceed the limitation set forth in Section 14.66.240 A; and 3) no commercial messages may be displayed on flags mounted in residential uses or in residential districts; and such flags may be illuminated.

(Ord. No. 10-357, § 2, 11-23-2010)

In addition to any signs not conforming to the provisions of this chapter, the following signs are prohibited:

A.

Confusing. Any sign which, by color, shape, location or other means, resembles or conflicts with any traffic control sign or device.

B.

Obstruction. Signs located so as to be a traffic visibility obstruction.

C.

Height. Signs greater than three feet in height, when located within a visibility triangle, or signs that otherwise create a hazard by obstructing clear views of pedestrians and vehicular traffic.

D.

Public Facilities. Signs attached to any tree, utility pole, city street lamp/light pole, traffic sign post, traffic signal, historical marker, or traffic control device, and signs placed on city property, including city streets, roads, parking areas and public right-of-ways, except as authorized by Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines."

E.

Safety Hazard. Any sign which presents an immediate and significant public safety threat, due to its dangerous construction, manner of display, or location.

F.

Motion. Animated signs.

G.

Audible. Signs which emit sounds, except in connection with establishments offering drive-up service.

H.

Fumes. Signs releasing smoke, fumes, steam, fog, etc.

I.

Home Occupations. Signs promoting home based occupations, including daycare and group home facilities, on residences located in residential neighborhoods; in mixed-use districts, this prohibition applies only to residential uses.

J.

Upper Floors. On second or higher floors, window signs, unless no other reasonable location is available to display signage for an establishment located entirely above the ground floor.

K.

Search Lights. Search lights when used for commercial advertising purposes.

L.

Vehicle Signs. Mobile billboards, sign trucks, and other motor vehicles used for general advertising for hire; this prohibition also applies when a motor vehicle traverses upon a public street within the city for the primary purpose of displaying a sign or visual message (as opposed to traversing upon a street for transportation purposes), whether the display is commercial or noncommercial in nature, or any combination thereof. This prohibition does not apply to motor vehicles traversing upon a public street for transportation purposes and displaying images that relate to the establishment of which the vehicle is an instrument and is making routine service, pickup and delivery stops.

M.

Parked Advertising. Signs on vehicles parked or waiting on a public street for the primary purpose of displaying a message, whether commercial or noncommercial in nature; this does not apply to vehicles making routine service calls or making routine deliveries or pick-ups.

N.

Streamers. Streamers, balloons, pennants, and similar devices, when used for commercial advertising purposes, unless specifically authorized by this chapter.

O.

Inflatables. Advertising balloons, blimps, and devices which float or wave in the air as a result of being filled with a lighter than air gas, or activated by wind or accelerated air or gas.

P.

Mascots. Commercial mascots, sign twirlers, sign spinners, sign clowns, etc., when used for commercial advertising purposes.

Q.

A-frames. A-frame type and other portable signs are prohibited in the public right-of-ways, unless otherwise permitted pursuant to Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines."

R.

Billboards and mobile billboards.

S.

Digital signs or "digital displays" are not prohibited if they are located in windows of stores in the downtown commercial district, including the CRS, CRS/OAD, CD and CD/R3, and cumulatively they do not exceed fifteen (15) percent of the total window display area. The digital sign or digital display area counts toward the total allowable temporary signage.

(Ord. No. 10-357, § 2, 11-23-2010; Ord. No. 2012-377, § 2, 2-14-2012)

The following provisions shall apply to all signs unless otherwise stated in this chapter.

A.

Sign area shall be computed as follows:

1.

The area of a sign shall be computed by means of the smallest geometric shape within which the sign face can be enclosed. For purposes of this chapter, a geometric shape includes a rectangle, a square, a circle, a triangle or a combination of these shapes. The sign face includes the portion of a sign that is used for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate such sign copy from any wall or background against which it is placed. Those portions of the supports, uprights or base of a sign that do not function as a sign shall not be considered as part of the sign face.

2.

On double-faced and multi-faced signs, only that face (or faces) visible from any one direction at one time shall be computed in the sign area.

3.

When a sign consists of letters or symbols on a wall, awning, canopy, window or such other background surface, the sign area shall be computed as described in subsection (1) of this subsection, unless the letters cover more than fifty (50) percent of the background surface, in which case, the sign area shall be computed on the area of the background surface.

4.

In the case of a statuary sign or a sign device which has communicative elements on more than two visual planes, area is calculated by a photograph or other flat surface image of the sign, taken from an angle which produces the maximum area on the flat surface, and then calculating the area of that profile.

(Ord. No. 10-357, § 2, 11-23-2010)

14.68.090 - Permanent signs in commercial and office districts.

A.

Multiple Frontages. For parcels having frontage on more than one street or a public parking facility, signage shall be allowed on each frontage in accordance with district standards, except as follows:

1.

The allowed sign area on a secondary frontage shall not exceed the allowed sign area on a primary frontage.

2.

On a corner lot, the signage on a secondary street frontage, which frontage shall intersect with the primary frontage, shall be limited to two-thirds of the sign area allowed on the primary frontage; provided, however, if the length of the primary frontage exceeds the length of the intersecting secondary frontage, the sign area allowed on the intersecting secondary frontage shall be based on the district standard and multiplied by two-thirds.

3.

The signs on each frontage shall be separated by a minimum of fifteen (15) feet which shall be measured at the perimeter of the building.

4.

On parcels with frontage on Foothill Expressway, no signage facing Foothill Expressway shall be allowed except in accordance with a master sign program which has been approved by the city.

B.

Illuminated Signs. No sign shall be illuminated so that the primary source of light causes excessive glare. Only signs located in commercial and office districts may be internally illuminated except that in the OA-1 district on Altos Oaks Drive, internally illuminated signs are prohibited.

C.

Neon and Other Fluorescing Gases. Exposed tube neon signs shall not exceed two square feet per lot or establishment.

(Ord. No. 10-357, § 2, 11-23-2010)

Unless otherwise provided by this chapter, the following standards shall apply in the CN, CD,CD/R3, CRS, and CRS/OAD districts.

A.

Permanent Sign Area—Single Occupant Parcels. On parcels with primary frontage of twenty-five (25) feet or less, signs shall be allowed with a total area not to exceed twenty-five (25) square feet. On parcels with primary frontage over twenty-five (25) feet, signs shall be allowed with a total area of not more than threefourths of a square foot for each one foot of primary lot frontage with a minimum of twenty-five (25) square feet and a maximum of one hundred (100) square feet.

B.

Permanent Sign Area—Multiple Occupant Parcels Other than Shopping Centers. On parcels with a primary frontage of fifty (50) feet or less, signs shall be allowed with a total area not to exceed fifty (50) square feet, and no individual establishment shall be allowed more than twenty-five (25) square feet of sign area. On parcels with a primary frontage of more than fifty (50) feet, each establishment shall be allowed sign area not to exceed three-fourths of a square foot for each one foot of building frontage occupied; however, each establishment shall be allowed a minimum of fifteen (15) square feet of sign area, but in no event shall the total area of signs exceed one hundred (100) square feet.

C.

Sign Area—Shopping Centers. A master sign program (see Section 14.68.130 for regulations) is required for each shopping center. The master sign program shall specify the sign area allowed in accordance with the following guidelines:

1.

Freestanding Signs—Shopping Centers. One freestanding sign shall be allowed on the primary frontage and one freestanding sign shall be allowed on each secondary frontage. The maximum sign area on the primary frontage shall be one hundred fifty (150) square feet, and the maximum sign area on each secondary frontage shall be seventy-five (75) square feet.

2.

Attached Signs—Shopping Centers. Attached signs shall be allowed for each tenant not to exceed one square foot of sign area for each one foot of building frontage occupied; provided, however, each tenant shall be allowed a minimum of fifteen (15) square feet of sign area and a maximum of thirty (30) square feet of sign area. If a tenant occupies a corner space, the sign area allowed shall apply to each frontage, provided the signs are separated by a minimum of fifteen (15) feet which shall be measured at the perimeter of the building.

3.

Under-Canopy Signs—Shopping Centers. Each tenant shall be allowed an under-canopy sign not to exceed four square feet in area.

4.

Window Signs—Shopping Centers. The maximum signage allowed on windows (both permanent and temporary) shall not exceed forty (40) percent. At least sixty (60) percent of the window glazing area must be unobstructed at all times. Second floor window signs are prohibited unless no other reasonable location is available to display signage.

D.

Height. Freestanding signs shall not exceed thirty (30) feet in height for a shopping center and ten (10) feet in all other cases. Signs attached to the building shall not project above the highest portion of the building and shall not be allowed on the roof unless no other reasonable location is available, in which case the

height of the sign shall not exceed the roof line. Roof mounted signs may not exceed the height limit applicable to that district.

E.

Projection. When allowed by Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines" an awning sign, a wall sign or a blade sign may project over the public right-of-way, subject to the following rules on projection and clearance (projection is measured on a line perpendicular to the wall):

1.

Awning. Projection only over a public sidewalk, maximum projection four feet, minimum clearance eight feet.

2.

Wall signs. Maximum projection over public right-of-way - twelve (12) inches.

3.

Blade signs. Projection over a public sidewalk only, maximum area two hundred forty (240) square inches; maximum projection from building thirty-six (36) inches but in no case shall the sign project more than twothirds of the distance from the building to the curb; minimum distance between sign and building six inches; maximum height ten (10) feet; angle to building ninety (90) degrees; special illumination prohibited.

F.

Clearance. All signs which project over a public or private walkway shall have a minimum clearance of eight feet, and all signs which project over a driveway or street shall have minimum clearance of fourteen (14) feet.

(Ord. No. 10-357, § 2, 11-23-2010)

Unless otherwise provided by this chapter, the following standards shall apply in the CT districts.

A.

Sign Area—Single and Multiple Occupant Parcels Other than Shopping Centers. One freestanding sign shall be allowed with an area of not more than one square foot for each one foot of lot frontage up to a maximum of one hundred (100) square feet, plus additional identification signs attached to the building with an area not to exceed three-fourths of a square foot for each one foot of building frontage up to a maximum of one hundred (100) square feet. In this zone, the area of a double-sided freestanding sign is measured on one side only.

B.

Sign Area—Shopping Centers. See Section 14.68.100(C).

C.

Height. Freestanding signs shall not exceed thirty (30) feet in height for a shopping center and ten (10) feet in height in all other cases. Signs attached to the building shall not project above the highest portion of the building and shall not be allowed on the roof unless no other reasonable location is available, in which case the height of the sign shall not exceed the roof line. Roof mounted signs may not exceed the height limit applicable to that district.

D.

Projection. Unless otherwise specified by this chapter, no sign shall project over the public right-of-way, and then only when authorized by Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines."

E.

Clearance. All signs which project over a walkway shall have a minimum clearance of eight feet, and all signs which project over a driveway or street shall have a minimum clearance of fourteen (14) feet.

(Ord. No. 10-357, § 2, 11-23-2010)

Unless otherwise provided by this chapter, the following standards shall apply in the office districts.

A.

Permanent Sign Area. In all office districts except the OA-1 district on Altos Oaks Drive, each parcel may display a maximum of forty (40) square feet of sign area. In the OA-1 district on Altos Oaks Drive, each parcel shall be allowed a maximum of twenty-five (25) square feet of permanent sign area. Information signs, traffic directional signs and flags do not count toward this total, but may be subject to their own category limits.

B.

Height. In all office districts except the OA-1 district on Altos Oaks Drive, no sign shall exceed ten (10) feet in height. In the OA-1 district on Altos Oaks Drive no sign shall exceed eight feet in height. No roof signs shall be permitted, and signs attached to the building shall not project above the highest portion of the building.

C.

Projection. No sign shall project over the public right-of-way or a property line.

D.

Clearance. When allowed by Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines" all signs which project over walkways must have a minimum clearance of eight feet, and all signs which project over driveways must have a minimum clearance of fourteen (14) feet.

E.

Information Signs. Information signs may not exceed four square feet, cumulative, on any parcel, lot or establishment.

F.

Traffic Directional Signs on Private Property. Each such sign shall not exceed four square feet in area, and if located within ten (10) feet of a public right-of-way, shall not exceed three feet in height.

(Ord. No. 10-357, § 2, 11-23-2010)

A master sign program shall be required for all multiple tenant, nonresidential projects and buildings. The purpose of a master sign program is to achieve visual harmony and a consistent image theme in establishment identification.

A.

Application. Application for a master sign program shall be made to the director, by providing the information required for a sign permit, and in addition, graphical samples of the visual theme of the program. The program will call for individual signs to relate to one another by incorporating at least three common elements. Such elements may include size, shape, material, color, location, illumination, letter style, or letter size.

B.

Area. The total sign area allowed under a master sign program may be distributed other than specified in this chapter.

C.

Compliance. After approval of a master sign program, all signs installed on the premises must conform to the program; however, a master sign program cannot be used to limit graphic design on a sign displaying protected noncommercial speech. A master sign program may be amended by filing an application for amendment or for a new master sign program.

D.

Multiple Occupant Projects. For multiple occupant projects existing prior to the requirement for a master sign program, such program shall be established at the time the first modification of an existing sign is proposed which requires the replacement or alteration (other than a face change), of an existing sign on the premises. Thereafter, any replacement or alteration (other than a face change), of any sign within the project shall be in compliance with this section and the approved sign program.

(Ord. No. 10-357, § 2, 11-23-2010)

14.68.140 - Temporary signs in commercial and office districts.

The signs described in this section are exempt from the sign permit requirement and count only toward the sign area limit applicable to temporary signs under the district rules. However, such signs must still satisfy the rules stated in this section, and are still subject to other applicable permit requirements, such as safety code permits. The maximum area for all temporary signs authorized by this section, for each lot, parcel or establishment, by zoning district is as follows:

A.

Temporary commercial window signs:

1.

Fifteen (15) percent of window area, except;

2.

Buildings with more than twenty thousand (20,000) square feet of interior floor space are allowed up to twenty five (25) percent of window area;

3.

The maximum signage allowed on windows (both permanent and temporary) shall not exceed forty (40) percent. At least sixty (60) percent of the window glazing area must be unobstructed at all times.

B.

Temporary noncommercial signs. In addition to the allowances contained in subsection A, temporary noncommercial messages may also be freestanding but shall not exceed twelve (12) square feet or six feet in height.

C.

Construction site signs not exceeding twenty (20) square feet in display face or ten (10) feet in height; such signs may be displayed only after the issuance of a building permit for the construction project and shall be removed prior to final inspection of the construction project; such signs shall not be specially illuminated.

D.

Real estate signs not exceeding six square feet in copy area or ten (10) feet in height; maximum one per lot; such signs may be displayed only during the time that the property is on the market; such signs shall not be specially illuminated. Attached signs shall not project above the eave of the roof or the top of the parapet.

E.

Banners and decorative flags not exceeding one-fourth of a square foot for each one foot of primary building frontage occupied, with a maximum of forty (40) square feet may be displayed not more than ninety (90) calendar days in a calendar year, such days need not be consecutive.

F.

Temporary signs shall not be used to display offsite commercial messages or general advertising for hire.

(Ord. No. 10-357, § 2, 11-23-2010)

14.68.150 - Permanent and temporary signs in residential and public and community facilities districts, and residential uses in mixed use districts.

The rules in this section apply to all signs displayed in residential districts and PCF districts and residential uses in mixed use districts. Unless otherwise stated, signs allowed by this section are not subject to a sign permit, but are subject to applicable safety code permits. Signs subject to this section may not be specially illuminated. Lots whereon a dwelling unit is being built or repaired or remodeled shall be treated as a dwelling unit, even if certificates of completion or occupancy have not yet been issued.

A.

Individual Dwelling Units. Each separate residential dwelling unit, whether in attached multi-family, detached single family, town home, condominium, or apartment type structures, is allowed a display area of twelve (12) square feet at all times; however, this cumulative area limit does not include name plates, address signs, or flags. This display area may be used for any protected noncommercial speech, garage sale (on-site or offsite with owner's consent), real estate signs (on-site or offsite with owner's consent) and construction site signs, subject to:

1.

Residential signs may be freestanding or attached to walls, windows, doors, or fences, but may not be attached to trees, bushes or living plants. If freestanding, residential sign structures may not exceed six feet in height.

2.

Real estate sign structures may not exceed four square feet in area or six feet in height; maximum one real estate sign per lot, parcel or dwelling unit.

3.

Garage sale signs may be displayed only on the day of the event of the sale; each garage sale sign may not exceed two square feet in area.

B.

Construction Signs. In addition to the allowances contained in subsection A, construction site sign structures may not exceed twenty (20) square feet in area or ten (10) feet in height, and may be on display only after all necessary permits have been issued and must be removed within fifteen (15) calendar days after the construction project is complete and/or a certificate of occupancy has been issued.

C.

Master Unit. In addition to the signs allowed to individual dwelling units, the office or master unit of multifamily residential uses in the R3 districts are allowed one sign not to exceed fifteen (15) square feet in area

and six feet in height. Such sign is subject to a sign permit.

D.

Public Uses. Public, quasi-public and PCF uses such as churches, libraries and public utility buildings may display one sign not exceeding twenty (20) square feet in area and six feet in height, and such signs may be illuminated.

E.

Nonconforming Commercial. Nonconforming commercial uses in residential districts may not add new display area, but may replace existing, legal sign area with new structures which do not increase the display area or any other factor of nonconformity. Such structural replacement is subject to a sign permit.

F.

Projection and Encroachment. Unless otherwise specified by this chapter or Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines" no sign subject to this section shall project over the public right-of-way or over any property line.

G.

Clearance. When allowed by Chapter 9.26, or the city's "Downtown Outdoor Display Permit Guidelines" all signs which project over public walkways must have a minimum clearance of eight feet, and all signs which project over driveways must have a minimum clearance of fourteen (14) feet.

H.

New Subdivisions. One sign not to exceed twenty (20) square feet may be placed on property during its course of development as a subdivision. The permit shall be valid for a period of six months and may be renewed for additional six-month periods, but in no case shall renewal of the permit be allowed to extend beyond the period of subdivision development.

(Ord. No. 10-357, § 2, 11-23-2010)

All signs shall be constructed and maintained in accordance with this section.

A.

Safety Codes. Each sign which qualifies as a "structure" under the building code shall comply in all material respects with the terms of Title 12 of this code.

B.

Electrical. All electric wiring raceways, conductors, conduit, transformers, and other utilities, equipment, braces and fixtures and appurtenant to signs shall be concealed in a manner consistent with Title 12 and other requirements of this code.

C.

Undergrounding. All electrical, gas or other utility service wires, pipes, conduits and other pertinent fixtures serving signs detached from buildings shall be placed underground.

D.

Exits. No sign shall be erected so as to obstruct any fire escape, required exit, window or door opening. No sign shall be attached in any manner which will interfere with an opening required for ventilation, except in circumstances when not in violation of the building or fire prevention codes.

E.

Suspension. No sign other than a flag or similar object shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

F.

Maintenance. Each sign shall be maintained in a safe, unbroken, structurally sound manner.

G.

Repairs. Damaged or missing sign faces shall be repaired or replaced.

H.

Abandonment. Each sign structure that shall become abandoned or each sign and its supporting structure that shall become obsolete; that is, no longer used to advertise an establishment, business, service, use, or other item not related to the actual business, services, uses, products, etc. offered on the premises, shall be removed within ninety (90) calendar days of written notice from the City directing that it shall be so removed.

(Ord. No. 10-357, § 2, 11-23-2010)

Following the effective date of the ordinance codified in this chapter, this chapter shall apply to the following categories of nonconforming signs.

A.

Noncompliance. Any sign erected without first complying with all provisions of this chapter or other law in effect at that time the sign was erected.

B.

Damaged. Any sign which has been destroyed or damaged, other than by destruction or damage to its sign face(s), to an extent greater than fifty (50) percent of its in-place replacement cost;

C.

Modification. Any sign which is modified or any sign which is affected by the expansion or enlargement of the building or land use with which the sign is associated. "Modified" shall mean any change other than a face change or color of the sign structure. "Affected" shall mean any temporary or permanent change in the location or appearance of a sign, excluding sign face changes.

D.

Discretionary Land Uses. Any sign associated with a land use for which a discretionary land use permit is granted by the planning commission or city council. Legal nonconforming signs may be required to conform to current sign standards whenever the associated land use requires a new or modified discretionary land use permit.

E.

Any temporary sign that does not comply with Section 14.68.140 or any other application rules and regulations.

F.

Unsafe. Any sign which is or may become a hazard to the public or is unsafe.

(Ord. No. 10-357, § 2, 11-23-2010)

14.68.180 - Enforcement, abatement and removal of signs.

A.

Responsible Parties. As used in this section, "responsible parties" includes all persons described in the "responsibility for compliance" subsection of the basic principles section, above, Section 14.68.030.N.

B.

Nuisance Per Se. All violations of this chapter are declared to be public nuisances which may be abated as such, using any procedure provided by law, including but not limited to Business and Professions Code 5499.1 et seq., or state law on abatement of public nuisances, or as otherwise provided by law. Remedies may be sought by administrative, civil, or criminal process, as authorized by law. Remedies may include declaratory and injunctive relief, administrative and civil penalties, and criminal liability.

C.

Cumulative Remedies. The provisions of this section are alternative and additional remedies for the enforcement of this chapter. Nothing in this section shall preclude the city from enforcing the provisions of this chapter by any other criminal or civil proceeding.

D.

Notice of Violation; Hearing on Request. Whenever any permanent sign or part thereof, other than immediate threats to public safety, constitutes an illegal sign and/or is erected or maintained in violation of this chapter, the director shall give written notice to all responsible parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, order the cessation thereof, require the

uest. Whenever any permanent sign or part thereof, other than immediate threats to public safety, constitutes an illegal sign and/or is erected or maintained in violation of this chapter, the director shall give written notice to all responsible parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, order the cessation thereof, require the

cure of violation or removal of the sign by a specific date, and advise the permittee, owner or person in charge of the sign of the hearing rights established by Chapter 1.12 of the Municipal Code.

E.

Removal of Permanent Signs. The Director is authorized to order the removal or to remove any permanent sign or sign structure violating the provisions of this chapter, or which is illegal under this chapter, following the notice described in the preceding subsection. If said responsible persons fail to cure within the fifteen (15) day period, then the director is authorized summarily to remove the illegal sign(s), either by the city's own crew or under contract with a private party. Signs removed in such manner shall be stored by the city for thirty (30) calendar days, in which time the sign owner or responsible parties may redeem the sign by reimbursing the city for its actual cost of removal or abatement.

1.

Safety Threat. In cases when a sign presents an immediate and significant threat to the public safety, by virtue of its physical condition, then any such sign may be summarily removed and abated by the city.

2.

Notice. When the city removes signs under this section, thirty (30) day written notice of such removal, including a bill for the city's cost of removal, shall be given to all responsible parties. During that thirty (30) calendar day period, the city shall store the removed signs. During that thirty (30) day storage time, the sign owner may redeem the sign by paying the city's actual cost in removing the sign. In the event that the sign owner does not redeem the sign, then the city may dispose of it in any manner deemed appropriate by the city. If a removed sign is not redeemed within the thirty (30) calendar day period, said cost shall be imposed as a lien upon the real property where such signs had been located. Such liens shall be collectable by inclusion thereof on the real property tax assessment roll.

F.

Removal of Temporary Signs. Whenever a temporary sign has been erected or maintained in violation of the provisions of this chapter, the director shall give written notice to remove the sign to the permittee, owner or person in charge of the sign and all other potentially responsible persons. The notice shall specify the nature of the violation, order the cessation thereof, require the removal of the sign within seventy-two (72) hours of the time of the notice, and advise the permittee of the hearing rights established by this section. Before the expiration of the seventy-two (72) hour period, the permittee, owner or person in charge of the sign shall remove the sign or may request a hearing. The request shall be in writing and filed with, the director. The hearing shall be held by the director or his designee within seventy-two (72) hours of the day the request is filed, or the next business day following seventy-two (72) hours from the filing of the request, whichever is sooner. The person issuing the notice to remove shall not be designated as the hearing officer. The hearing shall be limited to whether the sign was erected or is maintained in violation of this chapter. Notice of the time of the hearing may be given in writing, telephone or other form of communication. After the hearing, the order to remove may be affirmed, altered or revoked. The decision of the hearing officer shall be made in writing, with reasons stated. If the permittee, owner or person in charge of the sign fails to comply with the notice to remove or the decision of the hearing officer, the director may remove or cause the removal of the sign. The expense of the removal shall be charged to the permittee, owner or person in

charge of the sign. Such amount shall constitute a debt owed to the city. No permit for a temporary sign shall thereafter be issued to any permittee, owner or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the city and collection of the costs shall be added to the amount of the debt.

(Ord. No. 10-357, § 2, 11-23-2010)

This chapter is to be severable to the greatest extent provided by law. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the city council affirmatively declares that if it had been made aware of any invalid provision(s), it would have approved and adopted the remaining provisions, and that it desires for all valid provisions to remain in force."

(Ord. No. 10-357, § 2, 11-23-2010)

Chapter 14.70 - COMMUNITY FACILITIES

Sections:

The following pre-existing uses shall be permitted to expand and/or renovate pursuant to the requirements of Section 14.70.020 of this chapter and upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title:

A.

Schools other than public, including nursery schools and day care centers;

B.

Public and private nonprofit recreation areas, country clubs, golf courses, and private noncommercial clubs;

C.

Churches, monasteries, convents, and other religious institutions;

D.

Institutions of an educational or philanthropic nature, including museums and noncommercial art galleries;

E.

Public utility and public service structures and installations;

F.

Hospitals, convalescent hospitals, residential care homes, and nursing homes; and

G.

Plant nurseries.

(Ord. 05-285 § 6 (part): prior code § 10-2.22501)

Existing community facilities shall be permitted to remain, expand, and/or renovate within the site area and physical parcel boundaries that currently exist. Existing community facilities are prohibited from physically expanding by merging or otherwise adding adjacent land area. This regulation does not prohibit an existing community facility from expanding onto undeveloped or underdeveloped site areas already part of the facility.

(Ord. 05-285 § 6 (part): prior code § 10-2.22502)

The maximum coverage shall be thirty (30) percent of the total area of the site.

(Prior code § 10-2.22503)

14.70.040 - Front yard.

The minimum depth of front yards shall be forty (40) feet.

(Prior code § 10-2.22504)

The minimum width of side yards shall be twenty-five (25) feet, except that on a corner lot, the minimum width of side yards adjoining the street shall be thirty-five (35) feet. Ten (10) feet shall be added to each side yard for each story above the first story or for each twelve (12) feet of height, or fraction thereof, above the lowest fifteen (15) feet of the height of the structure, whichever is the lesser.

(Prior code § 10-2.22505)

The minimum depth of rear yards shall be fifty (50) feet.

(Prior code § 10-2.22506)

A landscaped strip not less than five feet in depth shall be planted and permanently maintained throughout the length of all property lines adjoining residential sites and throughout the length of all property lines on

adjoining streets, as approved by the architecture and site control committee.

(Prior code § 10-2.22507)

14.70.080 - Off-street parking and loading.

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.22508)

14.70.090 - Height of structures.

No structure shall exceed two stories or thirty (30) feet in height, whichever is the lesser. This shall not preclude a basement.

(Prior code § 10-2.22509)

14.70.100 - Design control.

(As provided in Chapter 14.78 of this title.)

(Ord. 05-285 § 6 (part): prior code § 10-2.22510)

14.70.110 - Signs.

(As provided in Chapter 11.04 of Title 11.)

(Prior code § 10-2.22511)

14.70.120 - Fences.

(As provided in Chapter 14.72 of this title.)

(Prior code § 10-2.22512)

Chapter 14.72 - FENCE REGULATIONS

Sections:

14.72.010 - Short title.

This chapter shall be known and cited as the fence regulations of the city.

(Prior code § 10-2.2601)

14.72.020 - Maximum fence heights.

The maximum height of any fence, wall, or other similar structure erected, constructed, or maintained in the city shall not exceed six feet, with the following exceptions:

A.

No fence located within the required front yard setback and no fence located within five feet of the exterior side property line of a corner lot shall exceed four feet in height.

B.

The city planner may approve an exception to allow the exterior side yard of a corner lot to be considered the front yard, and adjust the other yard orientations accordingly, for the purposes of fencing. This exception may be granted only when it is clear that this alternative orientation is consistent with the orientation of the home itself.

C.

In order to ensure visibility, no fence exceeding three feet in height shall be located within a twenty-five (25) foot triangle at the intersection of two streets as outlined in Exhibit "A" of this chapter.

D.

In order to ensure visibility, no fence exceeding four feet in height shall be located within a fifteen (15) foot triangle on either side of a driveway where it intersects with a street as outlined in Exhibit "A" of this chapter.

E.

The provisions of subsection D of this section shall apply in those instances where a driveway on an adjoining property is located within fifteen (15) feet of the intersection of a rear property line and a secondary street property line of a corner lot or where such adjoining property is vacant as outlined on Exhibit "B" of this chapter.

F.

Fences or walls may exceed six feet in height:

1.

For the purposes of providing noise attenuation and screening between residential and commercial properties as required by the Los Altos general plan and as provided for in Chapters 14.32, 14.34, 14.36, 14.38, 14.40, 14.46, 14.48, 14.50 and 14.54 of this title;

2.

In conjunction with an assessment district for the purposes of attenuating noise as determined by an acoustical analysis;

3.

In conjunction with city, county, state, or federal road projects for the purpose of attenuating noise as determined by an acoustical analysis;

To allow up to two feet of lattice, or material other than lattice that is typically at least fifty (50) percent open to the passage of light and air when viewed horizontally, to be added to the top of a fence or wall in the rear or side yards, and provided the lattice is determined by the city planner to be substantially open to the passage of light and air and compatible with the design and materials of the fence or wall.

G.

Decorative columns, post caps, or similar features not more than one foot in height may be added on top of fences or walls which adjoin a street or public walkway, or those fences or walls which the city planner determines to be physically detached from an adjoining residential property. Such features would typically not be less than eight feet apart, and must be consistent with the design and materials of the fence or wall.

H.

A single arbor-style entry element, substantially open to the passage of light and air, may be allowed on a residential property provided the entry element is located over a walkway or pathway, and does not exceed eight feet in height, five feet in width, and three feet in depth. The entry element shall not be considered as lot coverage.

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(Ord. 04-267 § 7)

Barbed wire, electric, or other fences or walls dangerous to persons or property shall not be constructed within ten (10) feet of any property line which adjoins a street or public walkway.

(Prior code § 10-2.2604)

A fence, wall, or other structure maintained in violation of the provisions of this chapter shall constitute a public nuisance.

(Prior code § 10-2.2606)

A.

A private swimming pool is defined for the purposes of this section as a swimming pool, wading pool, fish pond, or other outside body of water created by artificial means and maintained in connection with a single-family or multifamily residence, apartment house, motel, hotel, or any other type of building, which pool has any depth in excess of twenty-four (24) inches, whether above or below grade, and whether intended to be temporary or permanent in nature.

B.

Every person who shall own or be in possession of any premises, whether as purchaser under contract, lessee, tenant, or licensee, on which there is situated a private swimming pool, as defined in subsection A of this section, shall maintain on such premises and completely enclosing such private swimming pool a fence, wall, or other structure not less than five feet in height; provided, however, there shall be no holes or

gaps in the enclosure or gate, which normally should be solid, except as may be approved by the building inspector, who shall be guided in approving or disapproving the same by the principle that the construction of the enclosure should not be such that the enclosure would be readily climbable by children; and

provided, further, that a dwelling house or accessory building or any other type of building may be used as a part of such enclosure. Any gate or door in such enclosure shall be equipped with a self-closing and selflatching device designed to keep such gate or door (except a door leading to the interior of a building) securely closed at all times, with the latching device either placed at least four feet nine inches above ground level or otherwise made inaccessible from the outside to children.

C.

Existing private swimming pools shall, on or before June 1, 1962, comply with the requirements of subsection B of this section.

D.

The enclosure referred to in this section shall be deemed to be a structure within the meaning of the Building Code of the city. The final inspection and approval of all private swimming pools constructed shall be withheld until all the requirements of subsection B of this section have been complied with.

(Prior code § 10-2.2607)

Chapter 14.74 - ACCESS, OFF-STREET PARKING AND LOADING[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 2024-507, § 1(App. A), adopted Feb. 27, 2024, amended Ch. 14.74 in its entirety. Former Ch. 14.74, §§ 14.74.010—14.74.200 pertained to similar subject matter, and derived from prior code § 10-2.2301—10-2.2319; Ord. 07-306 § 7; Ord. 07-312 § 9 (part); Ord. 02-410 § 4; Ord. 05-294 § 3

(part); Ord. No. 10-348, §§ 8—11, adopted April 13, 2010; Ord. No. 2012-375, §§ 9—14, adopted Jan. 24, 2012; Ord. No. 2015-408, § 3, adopted June 9, 2015; Ord. No. 2015-414, § 11, adopted Sept. 8, 2015; Ord. No. 2018-448, § 5, adopted July 10, 2018.

The access, off-street parking and loading regulations ensure that all land uses provide safe access and on-site circulation along with adequate off-street parking and loading facilities. These regulations shall be maintained and consistent with State law. In the event that there is conflict between State law and this chapter, State law shall prevail.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

A.

The minimum standards of this chapter shall apply to all proposed land uses, buildings, and structures.

B.

The minimum standards of this chapter shall also apply to all proposed additions, enhancements and modifications to existing land use(s) and associated structure(s). At the time a building or structure is added on to, enlarged, or modified, parking and loading spaces shall be provided for both the existing and the modified or enlarged portions so as to conform to the provisions of the chapter.

C.

Unless otherwise provided through an approved discretionary permit such as a joint use parking agreement, all required access, off-street parking and loading facilities shall be provided on-site.

D.

No commercial vehicle or trailer shall be parked, stored, or otherwise left unattended at any place within the R-1 district, except while actually engaged in pickup or delivery activities, or during the course of the actual construction, alteration, or repair of structures in the immediate proximity, or unless kept entirely in an enclosed parking structure or behind a solid fence or wall not less than six feet in height and does not project above the maximum height of the solid fence or wall provided.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

A.

A site plan shall be submitted for all required parking facilities. The plan shall consist of a detailed layout of the existing and proposed parking facilities, including the site, grades, drainage, utilities, easements, all structures, landscaping, walls and fences, parking stalls, drive aisles, and ingress and egress drives. The plan shall be accurately and thoroughly dimensioned to scale.

B.

The site plan shall be submitted and reviewed in conjunction with any discretionary review or ministerial permits.

C.

In the event that no other permit is required, the modification of any existing required parking facilities shall be reviewed by the development services department as an administrative design review permit to ensure consistency with all requirements of this chapter.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

14.74.040 - General provisions.

A.

Accessibility.

1.

Required access, off-street parking, and loading facilities shall be made available and permanently maintained for access, off-street parking, and loading for all uses and structures.

2.

Required access, off-street parking, and loading facilities shall be designed, located, constructed, and maintained so as to be fully and independently usable and accessible at all times.

3.

Required access, off-street parking, and loading facilities, and associated driveways providing access to such facilities, shall not be used for any purpose which at any time would preclude the use of the area for its intended and approved use.

4.

Inoperable motor vehicles shall not be parked in or on any driveway, carport and/or easement(s).

a.

Any inoperable motor vehicle shall be required to be fully enclosed and always contained within a permanent structure.

B.

Exclusivity of Access, Off-Street Parking, and Loading Facilities.

1.

Unless otherwise provided through an approved discretionary permit such as a joint use parking agreement, no owner or tenant shall lease, rent, or otherwise make the required access, off-street parking, and loading facilities unavailable to the intended on-site users.

a.

The joint use of access, off-street parking, and loading facilities shall be permitted subject to the approval of a conditional use permit reviewed by the zoning administrator at a public hearing.

C.

Encroachment into Right-of-Way Prohibited.

1.

Land within the right-of-way of a proposed street or highway, or within the planned ultimate right-of-way on a street or highway proposed to be widened, shall not be used to provide required off-street parking.

a.

Exception. Loading facilities shall be permitted within the public right-of-way immediately adjacent to any proposed or existing development if adequate fire access is provided and bicycle and pedestrian safety is maintained at all times and is subject to the approval of a conditional use permit reviewed by the zoning administrator at a public hearing.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

A.

Driveways. Driveways are intended to provide access from public or private streets to off-street parking facilities. Entry driveways provide direct ingress or egress from a street, alley or public right-of-way to a parking aisle, internal driveway, or parking maneuvering area. Internal driveways provide interior circulation between parking aisles. Except as is customary on a parcel developed with a single-family dwelling, no parking shall be permitted in an entry driveway.

1.

Location of Driveway on a Corner Lot. When a building site abuts two (2) intersecting streets and a driveway is proposed, the driveway shall be located on the primary building frontage.

a.

Exception. When the primary building frontage is along a public street which causes safety concerns for ingress and egress to and from the site the driveway may locate along the secondary building frontage.

B.

Driveway Spacing. Spacing between adjacent property driveways shall be provided to create a clear delineation of ingress and egress to each parcel or property within the city.

1.

A minimum of five feet shall be provided between driveways of adjacent parcels or properties.

C.

Limit on Single-Family Residential Driveways.

1.

For all residential uses, the driveway must lead to a garage, carport, or other approved parking facility.

2.

The number of permitted driveways, driveway approaches, or curb cuts shall be one per fifty (50) feet of lot frontage, not to exceed a total of two.

D.

Driveway/Drive Aisle Widths.

1.

The minimum width of a one-way driveway/drive aisle shall be twelve (12) feet.

2.

The minimum width of a two-way driveway/drive aisle shall be eighteen (18) feet.

E.

Primary Access.

1.

When a proposed development is immediately adjacent to an alleyway, the primary driveway access shall be taken from the alleyway.

2.

When a proposed development with building frontage along Main Street and/or State Street, the primary driveway access shall be taken from the rear of the property immediately adjacent to the public parking plazas.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

14.74.060 - Development standards of access, off-street parking and loading facilities.

A.

Access, off-street parking and loading facilities shall conform to the following standards:

1.

Parking stall standard dimensions shall be as follows:

a.

Perpendicular and angled parking space size. Each standard parking space shall consist of an area not less than nine feet wide by eighteen (18) feet long, except as noted on the drawing labeled "Parking Standards Exhibit A" on file with the development services department.

b.

Parallel parking space size. Each standard parking space shall consist of an area not less than nine feet wide by twenty-two (22) feet long except as noted on the drawing labeled "Parking Standards Exhibit A" on file with the development services department.

c.

Disabled persons parking standards shall comply with all requirements set forth in the California Building Code, and Americans with Disabilities Act (ADA).

2.

Vehicle backup distance/drive aisle requirements, as depicted on "Parking Standards Exhibit A" and are as follows:

a.

Angled parking stalls positioned at a degree no less than thirty (30) and no greater than forty-five (45), the vehicle backup distance/drive aisle shall be a minimum of twelve (12) feet free and clear of any obstructions.

b.

Angled parking stalls positioned at a degree no less than forty-five (45) and no greater than sixty (60), the vehicle backup distance/drive aisle shall be a minimum of eighteen (18) feet free and clear of any obstructions.

c.

Perpendicular parking stalls positioned at a ninety (90) degree angle, the vehicle backup distance/drive aisle shall be a minimum of twenty-six (26) feet free and clear of any obstructions.

d.

Vehicle backup distance/drive aisle immediately adjacent to any parallel parking stalls shall be a minimum of twelve (12) feet free and clear of any obstructions.

Additional minimum standards for the design of off-street parking areas shall be in accordance with those shown on the drawing labeled "Parking Standards Exhibit A" on file in the office of the development services department.

4.

If found to be necessary or desirable by the city, the design standards set forth in this chapter may be waived for public and community facility uses or commercially operated public parking facilities.

B.

Loading facilities.

1.

Loading facilities shall not be less than ten (10) feet wide by twenty-five (25) feet long.

2.

Loading facilities shall be located immediately adjacent to the main entrance of any proposed development or immediately adjacent to any designated service areas of any proposed development.

C.

Decorative paving materials. All required access, off-street parking, and loading facilities shall be paved with:

1.

Decorative paving, decorative concrete, or decorative asphalt-type surfacing.

2.

Decorative paving or decorative concrete shall be provided for all entry driveways, parking facility approaches, parking areas, parking maneuvering areas, and parking stall(s) providing access and parking for all newly constructed buildings or any required parking facilities that are modified or improved greater than fifty (50) percent of gross floor area of the parking facility.

3.

Decorative paving or decorative concrete entry areas of any parking facility shall be provided in any required setback area or a minimum of the first twenty (20) feet of depth of any parking facility whichever is greater, as measured from the primary entrance into the required facility.

D.

Lighting. The lighting of all on-site parking facilities shall be designed and maintained in a manner to prevent glare or indirect illumination from intruding into any off-site areas or adjacent properties or parcels. Lighting fixtures shall be provided in accordance with the following specifications:

Lighting fixtures shall be oriented and shielded downward to prevent any excess light intrusion.

2.

Lighting fixtures shall only illuminate what is necessary to provide sufficient lighting for the safety and security of all parking facilities.

3.

Lighting fixtures installed on the exterior of any building on-site or visible from public view shall be architecturally compatible and integrated into the building design.

4.

Lighting fixtures shall be installed to illuminate any walkways or paths of travel for pedestrians to and from any on-site parking facilities.

5.

Lighting fixtures shall be provided as external illumination for any on-site signage for wayfinding or directional signage of any parking facility built in conjunction with a development.

E.

Landscaping of all access, off-street parking, and loading areas.

1.

All landscaping shall conform to the water efficient landscape requirements and best arboricultural practices.

2.

Perimeter landscaping. All unenclosed or surface parking facilities shall provide a perimeter landscaped strip/buffer at least five feet in depth between any parking facility and adjacent properties.

a.

Perimeter landscaping shall include a mixture of trees, shrubs, and ground cover. Sufficient number of trees shall be utilized in order to achieve complete screening of required parking facilities from adjacent properties at full maturity.

3.

Interior landscaping island(s) and diamond(s). All unenclosed or surface parking facilities shall provide interior landscaping island(s) or diamond(s).

a.

Interior landscaping island(s) or diamond(s) shall be provided one per every five parking stalls; any fraction resulting based on this calculation shall be rounded down to the next whole number.

b.

Any required landscaping island(s) shall be provided no less than two feet by eight feet in dimensions.

c.

Any required landscaping diamond(s) shall be provided no less than four feet by four feet in dimensions.

d.

As an alternative to any required landscaping island(s) or diamond(s) a project may propose above ground decorative planter(s) or pot(s) to satisfy this standard. The final location, and planter or pot design shall be determined by the development services director.

F.

Wheel stops. A permanent curb, bumper wheel stop, or similar device shall be installed for all required parking stalls on-site. When a permanent curb is installed as a method for satisfying this requirement no vehicle overhang shall be permitted to encroach into any required landscaping area on-site.

G.

Vertical clearance. All required parking facilities shall have a vertical clearance of not less than seven (7) feet.

H.

Horizontal clearance. All required parking stalls and loading facilities shall be free and clear of any encroachments into the required size dimensions (i.e., no pillars or structural members shall be located within the required dimension area of any parking stall or loading facilities).

I.

Gates at Entrance(s), Exit(s) and Perimeter of all Access, Off-Street Parking, and Loading Areas.

1.

When gates are proposed on-site for any access, off-street parking, and loading areas they shall be designed and constructed to be architecturally compatible with the existing or proposed building(s) in that building materials shall be the same materials and finishes of the primary building(s).

2.

Adequate vehicle staging shall be provided at the approach of any gated access, off-street parking, and loading areas to prevent vehicles from staging off-site or in the public right-of-way.

3.

Parking management plan. A parking management plan shall be required for any development that proposes gates into any required access, off-street parking, and loading areas to the satisfaction of the development services director.

a.

The parking management plan shall be reviewed independently of any other permit and processed as a conditional use permit reviewed by the zoning administrator.

b.

The purposes of a parking management plan shall be to ensure adequate access is maintained at all times, and in the event of emergency, all necessary provisions have been made to accommodate the safe ingress and egress of emergency response personnel and evacuation of any occupants.

J.

Maintenance. All access, off-street parking and loading areas shall be maintained to assure the facilities are ready for use at all times. Such facilities shall be maintained free of refuse or debris at all times. When storage is included within any required parking facilities the designated parking and loading areas shall maintained free and clear and ready for vehicular use at all times.

K.

Signage. Adequate on-site directional and wayfinding signage shall be provided for all access, off-street parking and loading areas. Signage shall include but is not limited to:

1.

Entrance height clearance signage and bar.

2.

Directional and wayfinding signage for access into and around development.

3.

When non-residential uses are provided on-site a directory shall be provided near all main entrances and exits of the site.

4.

When reserved or dedicated parking stalls are provided individual signage or floor markings shall be provided and maintained at all times.

L.

Electric vehicle (EV) dedicated parking stalls shall include signage indicating the type and capacity of each charging station.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

14.74.070 - Alternative to off-street parking and loading facilities.

A.

Compact Parking Stall Provisions.

1.

Compact parking stalls shall be provided only for vehicles mid-size or smaller and are parking stalls designed with a standard reduction in size as compared to the city standard stall requirements.

2.

Compact parking space size. Each standard compact parking space shall consist of an area not less than eight feet wide by sixteen (16) feet long.

3.

Multiple-family residential shall be permitted to accommodate a maximum of twenty (20) percent of required residential parking as compact parking stalls.

4.

Non-residential uses shall be permitted to accommodate a maximum of forty (40) percent of required nonresidential parking as compact parking stalls.

B.

Tandem Parking Stall Provisions.

1.

Tandem parking stalls are an alternative parking configuration where one parking stall is in front of another creating one long parking stall that provides sufficient parking for two required parking stalls.

2.

Tandem parking space size. Each standard tandem parking space shall consist of an area not less than nine feet wide by thirty-six (36) feet long.

3.

Tandem parking stalls shall only be allowed for meeting the requirements of residential parking standards.

4.

Tandem parking stalls shall only be allowed for required parking assigned to the same residential dwelling unit.

C.

Mechanical Lift and Automated Parking Stall Provisions.

1.

Mechanical lift parking is an alternative parking configuration where one vehicle is mechanically lifted on a parking system vertically above the ground to provide sufficient clearance for another vehicle to be parked directly beneath the vehicle above.

a.

Mechanical lift parking stalls shall only be allowed for required parking assigned to the same residential dwelling unit. Mechanical lift parking stalls shall not be allowed in meeting the parking requirements for any non-residential uses.

b.

Mechanical lift parking stalls shall provide a minimum of seven feet in height clearance for each parking stall for a minimum of fourteen (14) feet in height for the two stacked vehicles.

c.

Back-up power shall be provided for any proposed mechanical lift parking facilities to allow emergency operation of the system in retrieving all parked vehicles.

2.

Automated parking is a mechanical system designed to minimize the area and volume required for parking vehicles. Automated parking configurations can include single level or multiple levels of parking lifts in meeting the parking requirements. Automated parking systems utilize artificial intelligence (AI) to park and retrieve all vehicles parked within the automated parking facility.

a.

Automated parking shall be allowed for required parking of residential and non-residential uses shall be permitted subject to the approval of a conditional use permit reviewed by the zoning administrator at a public hearing. The following requirements shall be provided as a part of any request for use of an automated parking system:

1.

A parking management plan shall be provided to ensure adequate access is maintained at all times, and in the event of emergency all necessary provisions have been made to accommodate the safe ingress and egress of emergency response personnel and evacuation of any occupants.

2.

All automated parking stalls, and associated equipment shall be located wholly within a permanent structure.

3.

Technical study shall be provided with initial request for consideration demonstrating that the proposed design and operation of automated parking system will not be detrimental to surrounding uses and properties in the vicinity relative to noise, visual impacts, and general use of the proposed facilities.

Back-up power shall be provided for any proposed automated parking facilities to allow emergency operation of the system in retrieving all parked vehicles.

5.

The zoning administrator shall have the discretion to require any necessary technical study or manufacturer specifications in order to determine the appropriateness and operational standards of the proposed automated parking system.

D.

Motorcycle Stall Provisions.

1.

Motorcycle parking stalls shall be provided only for the cycle of motorcycles and are parking stalls designed with a standard reduction in size as compared to the city standard stall requirements.

2.

Motorcycle parking space size. Each standard motorcycle parking space shall consist of an area not less than five (5) feet wide by ten (10) feet long.

3.

Motorcycle parking shall be permitted to accommodate a maximum of five percent of the required nonresidential parking.

4.

Motorcycle parking shall not be allowed for meeting the requirements of residential parking standards.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

Where more than one use is included in one building or on a single parcel, the parking requirements shall be the sum total of the requirements of all the uses (each on-site use parking requirement is calculated independently); provided, however, when determined by the development services director that a conflict in demand for parking will not occur, parking requirements may be combined. Appropriate legal documents, as approved by the city attorney, shall be executed when such a combination is required and approved.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

In order to accommodate the delivery or shipping of goods of all developments, on-site loading facilities shall be provided for all non-residential development and housing developments of ten (10) units or greater:

A.

There shall be at least one loading facility provided, which shall have minimum dimensions of at least ten (10) feet by twenty-five (25) feet, with fourteen (14) feet of vertical clearance (when provided within the building envelope).

B.

Loading facilities shall be located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way without interfering with the orderly movement of vehicular traffic, bicyclists and pedestrians on any public way and complete the loading and unloading operations without obstructing or interfering with any parking stall or parking lot aisle.

C.

No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any of off-street parking area be used to satisfy the area requirements for loading facilities.

D.

A loading facility may be located in the front yard setback but shall comply with other required setbacks.

E.

All loading facilities shall be designed and maintained so that vehicles do not back in from, or onto, a public street.

F.

Loading facilities shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

G.

Adequate signage shall be provided that directs delivery vehicles to the loading space.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

14.74.100 - Downtown Los Altos parking provisions.

A.

Downtown Los Altos parking district.

1.

Properties located in Downtown Los Altos which participated in a public parking district, no parking shall be required for the net square footage of existing nonresidential buildings which does not exceed one hundred (100) percent of the net lot area.

2.

Parking shall be required for any new net square footage in excess of one hundred (100) percent of the lot area and for all properties which did not participate in the original public parking district.

3.

All parking requirements shall be calculated based on the adopted parking ratios and provisions contained within this code.

B.

Downtown Lot Consolidation.

1.

In certain portions of Downtown Los Altos, specifically along Main Street and State Street, the presence of small lots, fragmented ownership pattern, and lack of ability to provide on-site parking have historically constrained redevelopment potential. In order to incentivize Downtown Lot Consolidation for the redevelopment of existing buildings with frontages along Main Street and State Street the following standards shall apply:

a.

The maximum parking requirement of any residential dwelling unit shall be one (1) parking stall per unit.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

A.

Parking space requirements prescribed in this chapter may be satisfied by the permanent allocation of the required area or number of spaces for each permitted use in a common parking facility, cooperatively established and operated, either under private auspices or a public assessment district, which includes the site of any use permitted under this chapter, provided the total number of spaces allocated shall be not less than the sum of the individual requirements, and provided also that the parking facility shall be within five hundred (500) feet of the site of the permitted use.

B.

When a common parking facility is approved as prescribed per subsection A, appropriate legal documents, as approved by the city attorney and development services director, shall be executed to insure permanent use of such spaces.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

14.74.120 - Authorization to execute parking license agreements.

A.

Applicability.

1.

The provisions of Section 14.74.120 of the Los Altos Municipal Code shall only apply to properties within Downtown Los Altos and for meeting the parking requirements of nonresidential development and uses.

B.

Authorization Granted.

1.

The city council authorizes the development services director to determine the parking requirements of any proposed project within the City of Los Altos consistent with the provisions of this code.

a.

When it is determined that providing the required parking on-site is infeasible the development services director shall negotiate with consultation of the city attorney a parking license agreement to satisfy the parking requirements of Chapter 14.74 of the Los Altos Municipal Code.

2.

The city council authorizes the city manager to execute any proposed parking license agreement and

subsequent amendments to existing and proposed Parking License Agreements based on the provisions of Section 14.74.120 of the Los Altos Municipal Code.

C.

Establishment of Fee.

1.

The fee for use of public parking plazas, and structures for meeting the parking requirements of nonresidential uses shall be based upon the Master Fee Schedule of the City of Los Altos as amended annually.

a.

Annual amendments to the Master Fee Schedule shall be applied to each executed parking license agreement as necessary.

D.

Executed Parking License Agreement.

1.

The executed agreement shall be reported out to the city council as an informational item on its published agenda at its next regularly scheduled meeting following the final execution of said agreement.

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

A.

Calculation of Minimum Parking Requirements.

1.

For the purposes of this chapter, "net square footage" shall mean the total horizontal area in square feet on each floor, including basements, but not including the area of inner courts or shaft enclosures.

2.

The requirement for a use not specifically mentioned in Chapter 14.74 of the Los Altos Municipal Code shall be the same as for a specified use which has the most similar traffic or parking generation characteristics. The development services director shall determine what constitutes similar traffic or parking generation characteristics. The development services director shall have the authority to require a parking analysis or report of any proposed development in order to determine the appropriate parking requirement of a use not listed below. The number of required stalls shall be adequate to service the proposed use.

3.

When the calculation of required parking stalls results in a fractional number, the number of required stalls shall be rounded up to the next whole number when the fraction is equal to or greater than .5 and may be rounded down to the next whole number when the fraction is less than .5.

B.

Minimum Number of Required Parking Stalls by Use are as follows:

(Ord. No. 2024-507, § 1(App. A), 2-27-2024)

Chapter 14.75 - BICYCLE PARKING

14.75.010 - Intent.

A.

It is the intent of the city council in adopting this chapter to implement best practices for bicycle parking.

B.

These standards are adapted from the Santa Clara Valley Transportation Authority's Bicycle Technical Guidelines: A Guide for Local Agencies in the Planning, Design and Maintenance of Bicycle Facilities and Bicycle-Friendly Roadways (Revision No. 3), March 3, 2022.

C.

These standards are intended to apply based upon the proposed use for a particular development project, without regard to the zoning or general plan designation of the site.

D.

As used in this chapter, a "development project" includes the construction or substantial reconstruction of:

1.

A multifamily housing development project of five or more units,

2.

Any facility wherein four or more employees will be regularly employed, or

3.

Any parking lot or other parking facility not dedicated to another use.

E.

These standards are intended to be interpreted and applied in an objective manner. If any provision of this chapter is determined to be ambiguous, then the director of development services, in consultation with the city attorney, is authorized and directed to interpret the provision to give it an objective, consistent, and unambiguous meaning. All such interpretations shall be in writing and shall be available for copying and inspection upon request to the director or designee.

(Ord. No. 2023-492, § 1, 5-9-2023)

A.

Unless a modification to standards is granted pursuant to Section 14.75.030, no design review permit, use permit, building permit, or similar entitlement shall be issued by the city for any development project unless the development project is designed consistently with the standards set forth in this chapter.

B.

The requirements of this chapter apply in addition to any other applicable legal requirements, including any building code provisions or any standards promulgated under the Americans with Disabilities Act or other disability access laws. To the extent of any conflict between these rules and any rules promulgated under state or federal law, the latter shall control.

(Ord. No. 2023-492, § 1, 5-9-2023)

A.

An applicant for entitlements subject to this chapter may apply to the Complete Streets Commission (or other subordinate body designated by the City Council by resolution) for a modification to standards.

B.

The request for modification shall include an explanation of the reasons for the request and an explanation of any alternative proposal of the applicant, including site plan drawings. The applicant may submit any other evidence he or she deems appropriate to support the request.

C.

The request shall be heard within sixty (60) calendar days after it is received by planning staff.

D.

The denial of a request for modification to standards may be appealed to the city council within fifteen (15) days after denial of the request is announced on the record or received in writing by the applicant, whichever shall come first.

E.

A request for modification to standards shall be granted if the approval authority finds based on substantial evidence in the record that either:

1.

The applicant's proposal is superior to the standards set forth in this chapter; or

2.

It is physically impractical or financially infeasible to comply with one or more requirements of this chapter, and the applicant has proposed an alternative to compliance that meets the general intent of the

standard(s) from which a modification is requested.

(Ord. No. 2023-492, § 1, 5-9-2023)

14.75.040 - Bicycle parking requirements.

A.

Short-term bicycle parking space design standards (Class II bicycle parking).

1.

Shall be located on a hard and stable surface such as concrete, asphalt, or pavers.

2.

Shall be securely anchored to the ground so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.

3.

Shall support bicycles by at least two contact points on the bicycle to prevent the bicycle from pivoting and falling over, such as the inverted U-rack design.

4.

Shall be composed of stainless steel or steel with any of the following finishes: galvanized, polyesterpowder coat paint, thermoplastic, or PVC jacket.

5.

Shall be located in a convenient, highly visible, and well-lit area near building entrances on private property. Any lighting provided shall be shielded away from adjacent properties.

6.

If located within vehicle parking areas, shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles.

7.

Short-term bicycle parking provided at educational facilities including, without limitation, primary schools, secondary schools, and post-secondary schools (including trade schools), whether public or private, shall be provided in locked, gated spaces.

B.

Long-term bicycle parking space design standards (Class I bicycle parking).

Long-term bicycle parking provided through bicycle lockers shall meet the following requirements:

a.

Shall not be intended for use by more than two bicycles per locker.

b.

Shall have minimum dimensions of forty-two (42) inches wide, seventy-five (75) inches deep, and fifty-four (54) inches high.

c.

Must be able to withstand a load of two hundred (200) pounds per square foot and opened doors must be able to withstand a five hundred (500) pound minimum vertical load.

d.

Shall not be coin operated or require any charge for use.

2.

Long-term bicycle parking provided through locked storage rooms shall meet the following requirements:

a.

Long-term parking shall be fully enclosed or located indoors. These enclosures could be located inside a building or parking garage. All long-term parking areas shall be well-lit with overhead lighting.

b.

Any windows shall be made of shatterproof glass to prevent vandalism and theft.

c.

Doors shall lock automatically and shall be equipped with deadbolt locks. Only metal doors shall be used, and entryways shall comply with disability access laws.

d.

Users shall be able to secure their bikes to racks located inside the space with user-provided U-locks.

e.

Ceiling heights must be at least eight feet.

f.

Minimum aisle widths shall be seventy-five (75) inches to provide space for maneuverability.

g.

A minimum of one quad outlet for electric bicycle charging shall be provided per project. The minimum voltage for each outlet shall be one hundred twenty (120) volts.

1.

If twenty (20) or more long-term bicycle parking spaces are required to be provided, then an additional charging station shall be provided for every twenty (20) long-term bicycle parking spaces required, or fraction thereof. Signage shall be provided to direct individuals to charging outlets.

C.

Number of bicycle spaces required.

1.

The minimum number of short-term and long-term bicycle parking spaces shall be provided for each development or use as shown in the following table. Any use requiring five-tenths or more parking space shall be deemed to require a full space.

(Ord. No. 2023-492, § 1, 5-9-2023)

Chapter 14.77 - DESIGN REVIEW

The purpose of this chapter is to establish criteria, objectives and procedures to be followed for design review applications in all zones throughout the City of Los Altos. Design review is used to enhance the aesthetic qualities of proposed development within the City by utilizing adopted Objective Design Standards which are supplemental to this chapter.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

A.

Administrative design review.

1.

In each of the following cases, no building permit shall be issued for the construction, addition or alteration until administrative design review approval by the development services department:

a.

Any new one-story single-family dwelling under twenty (20) feet in height;

b.

Site improvements, exterior alterations or modifications, or additions to existing buildings of up to five hundred (500) square feet;

c.

Solid fences, and walls greater than six feet in height.

d.

Additions or alterations to one-story single-family dwellings which do not exceed twenty (20) feet in height.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

A.

Zoning administrator review.

1.

In each of the following cases, no building permit shall be issued for the construction, addition or alteration until the Zoning Administrator has approved such proposal following a noticed public meeting, pursuant to this chapter:

a.

Any new two-story single-family dwelling;

b.

Any conversion of a one-story single-family dwelling to a two-story single-family dwelling;

c.

Any new one-story single-family dwelling or accessory structure over twenty (20) feet in height;

d.

Any multi-family housing or mixed-use development with five or fewer units;

e.

Site improvements, exterior alterations or modifications, or additions greater than five hundred (500) square feet of net new square footage to existing multifamily or commercial buildings;

f.

Whenever any of the following entitlement(s) are required by this code: subdivision map, use permit, variance, administrative modification of standards; and

g.

Whenever the construction or expansion of a structure has special design characteristics which require additional study and consideration, as determined by the development services director or their designee.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

In each of the following cases, no building permit shall be issued for the construction, addition or alteration until the planning commission has approved such proposal following a noticed public meeting, pursuant to

this chapter:

A.

Any multi-family housing or mixed-use development with six or more dwelling units;

B.

Any new commercial or non-residential development.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

14.77.050 - Exempt from design review.

The following improvements are not subject to design review:

A.

Minor modifications to existing buildings such as: replacements or modifications to windows and/or doors, new windows and/or doors, reroofing, rooftop venting, exhaust equipment, mechanical equipment, electrical improvements/upgrades, solar installations;

B.

Attached or detached accessory dwelling unit(s) and junior accessory dwelling unit(s);

C.

New dwellings proposed under the provisions of Chapter 14.64 (Dual Opportunity Developments);

D.

Detached accessory structures on properties in any R1 zoning district;

E.

Site improvements, exterior alterations or modification, or additions to existing buildings of up to one thousand (1,000) square feet in the Public/Community Facilities (PCF) District.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

14.77.060 - Authority of the zoning administrator.

The zoning administrator shall have the authority to require administrative design review to any improvement to a property or parcel of land that is determined to have special circumstances or potentially negative impacts on the community. A fee shall be collected for administrative design review as established by resolution of the city council.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

14.77.070 - Design review findings.

In approving applications for design review approval under this chapter, the approving authority shall make the following findings:

A.

The proposal meets the goals, policies and objectives of the general plan and any objective design guidelines or standards and ordinance(s) adopted for the specific district or area.

B.

The proposed structures have been designed to follow the natural contours of the site with minimal grading, minimal impervious cover and maximum erosion protection.

C.

Building mass has articulated architectural elements or features that relate to the human scale, both horizontally and vertically. Building elevations have variation and depth and avoid large blank wall surfaces. Residential or mixed-use residential projects incorporate elements that signal habitation, such as identifiable entrances, stairs, porches, bays and balconies.

D.

Exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements such as base, body, parapets, bays, arcades and structural elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass.

E.

The design and layout of the proposed project will result in well-designed vehicle and pedestrian access, circulation, and parking.

F.

The general landscape design ensures visual relief, complements structures, provides an attractive environment, and is consistent with any adopted landscape program.

G.

Signage when proposed or required is designed to complement the building architecture in terms of style, materials, colors, proportions, and serves as identification of the building or business(es) only.

H.

Mechanical equipment is fully screened from public view and the screening is designed to be consistent with the building architecture in form, material and detailing and is in full compliance with Chapter 11.14 of the Los Altos Municipal Code.

I.

Service and trash areas are fully screened from public view or are enclosed in structure(s) that are consistent with the building architecture in materials and detailing.

J.

Street improvements which are identified in Chapter 11.20 of the Los Altos Municipal Code.

K.

Offsite improvements associated with the subdivision of land allowed by Title 13 of the Los Altos Municipal Code, and/or the Subdivision Map Act.

L.

The approval of the design review complies with the California Environmental Quality Act (CEQA).

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

14.77.080 - Multimodal transportation review required.

A.

An application for planning commission design review shall be subject to a multimodal transportation review as part of the approval process in order to assess potential project impacts to various modes of transportation such as but not limited to bicycle, pedestrian, parking, traffic impacts on public streets, and/or public transportation.

B.

Projects subject to a multimodal transportation review pursuant to this section shall be reviewed by the complete streets commission at a public meeting with the commission providing a recommendation to the planning commission on the multimodal transportation impact analysis and on the elements of the project that pertain to bicycle, pedestrian, parking, traffic and public transportation issues.

1.

When a multimodal transportation review is required by this code the complete streets commission shall provide their recommendations to the planning commission at a joint meeting.

C.

Exceptions. All housing developments shall be exempt from review of the complete streets commission. No multimodal transportation review before the complete streets commission shall be required of any housing development.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

Any decisions rendered under regulations contained within this chapter are subject to public meeting notice requirements pursuant to Section 14.01.130 of the Los Altos Municipal Code.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

When public hearings are required, the number of hearings for solely design review approval shall be no more than three public hearings.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

Any decisions rendered under regulations contained within this chapter are subject to expiration and extension procedures pursuant to Section 14.01.050 of the Los Altos Municipal Code.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

A.

Any decisions rendered under regulations contained within this chapter are appealable pursuant to Section 14.01.100 of the Los Altos Municipal Code.

1.

The basis for any appeal of a housing development shall only be allowed and based on objective standards consistent with state law. A housing development as defined by law shall constitute any development which includes two or more residential units within a proposed project.

(Ord. No. 2025-534, § 1(App. A), 7-8-2025)

Chapter 14.80 - USE PERMITS[[17]]

Sections:

Footnotes:

--- ( 17 ) ---

Editor's note— Ord. No. 2012-383, § 3, adopted May 22, 2012, changed all references to the "planning commission" within Ch. 14.80 to the "planning and transportation commission."

Uses which are permitted in certain districts upon the granting of a use permit shall be deemed conditional uses. Such uses, because of their unusual characteristics, shall be given special consideration to the end that they be located properly with respect to the objectives of the general plan, and municipal code and with respect to their effects upon surrounding properties. The specific conditions under which each such

use is permitted shall be considered in the light of general public interests and the interests of persons residing or working in the vicinity of the use.

(Prior code § 10-2.2801)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

All applications filed with the development services department in compliance with this zoning code shall be accompanied by the payment of a processing fee in such amount as established by resolution of the city council and initially processed as follows.

A.

Review for completeness. The development services director or their designee shall review all applications for completeness and accuracy before accepting them as complete. The determination of completeness shall be based on the city's list of required application contents as proscribed in the "submittal requirements" documents provided by the development services department.

B.

Notification of applicant. The development director or their designee shall notify the applicant in writing within thirty (30) days of the filing of the application with the development services department that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, as specified in the letter, shall be provided. If subsequent written comments from the development services director or their designee identify deficiencies not initially raised within thirty (30) days of the filing of the application, then this subsequent letter will be considered the notification of incompleteness for the purposes of determining the application expiration date.

C.

Expiration of application. If the applicant does not provide the information and materials necessary for a complete application within one hundred eighty (180) days after notification of incompleteness, the application shall be deemed expired. After expiration of the application or extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property.

D.

Extensions. The applicant may request, in writing, within the one hundred eighty (180) day time period, an extension of up to one hundred eighty (180) days to the development services director or their designee. Approval of the extension is contingent on the applicant demonstrating that there are extenuating circumstances that have caused a delay in the submittal of the required information. An application may only be granted an extension of time once.

E.

Environmental information. After an application has been accepted as complete, the development services director or their designee may require additional information as necessary for the project's environmental review.

(Ord. No. 2016-423, § 11, 9-27-2016; Ord. No. 2023-501, § 11(App. K), 10-10-2023)

Notice of public meetings before the zoning administrator or planning commission shall be given at least ten (10) days prior to the date of the meeting by all of the following methods:

A.

Mailing of notices via first-class mail to all property owners within three hundred (300) feet of the project site at the mailing address on record with the county assessor; and

B.

Mailing of notices via first-class mail to all commercial business tenants within three hundred (300) feet of the project site at the addresses shown on the latest city business license records; and

C.

Posting of a notice on the project site in accordance with the standards set by the development services director or their designee; and

D.

All meetings before the planning commission shall be conducted as public hearings and shall satisfy all notification requirements applicable to public hearings, including a notice published in a newspaper of general circulation within the city.

(Ord. 00-382 § 4: prior code § 10-2.2803; Ord. No. 2019-457, § 4, 1-28-2020)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

14.80.040 - Hearings—Procedure.

At the public hearing the planning commission shall review the application and statements, plans, and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, and make the required findings set forth in Section 14.80.060.

(Prior code § 10-2.2804)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

In the event that a particular application or proposed use is determined to be sensitive in nature the development services director shall be authorized to require any application to be reviewed by the city

council.

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

Editor's note— Ord. No. 2023-501, § 11(App. K), adopted Oct. 10, 2023, repealed and readopted § 14.80.045 to read as set out herein. Former § 14.80.045 pertained to Ord. 07-312 § 11; Ord. 01-394 § 6; Ord. No. 2016-423, § 12, adopted Sept. 27, 2016; and Ord. No. 2019-457, § 5, adopted Jan. 28, 2020.

14.80.050 - Hearings—Procedures for personal wireless communication facilities.

A.

Notwithstanding the provisions of Section 14.80.040 of this chapter, hearings for personal wireless services and facilities shall be conducted in accordance with the provisions of this chapter, except as follows:

1.

Administrative review. The development services director or their designee shall be the approving authority for all distributed, repeater, or microcell antenna systems and building-mounted antennas that comply with applicable zoning regulations.

2.

Planning commission review. The planning commission shall be the approving authority for all monopole antennas that comply with applicable zoning regulations.

3.

Planning commission review. The planning commission shall be the approving authority for all antennas that require a variance to the applicable zoning regulations.

B.

Notice of public hearings shall be in accord with Sections 14.80.030(C) and (D) of this chapter. The action of the development services director or their designee may be appealed to the planning commission. The action of the planning commission may be appealed to the city council. Actions of the development services director or their designee and planning commission are final unless appealed in writing within fourteen (14) days of the date of action.

(Ord. 06-304 § 2; Ord. 05-277 § 2; prior code § 10-2.2804.1; Ord. No. 2016-423, § 1, 9-27-2016; Ord. No. 2019-457, § 5, 1-28-2020)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

The planning commission may only approve a conditional use permit application upon making the following findings:

A.

That the proposed location of the conditional use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare;

B.

That the proposed location of the conditional use is in accordance with the objectives of the zoning plan as stated in Chapter 14.02 of this title;

C.

That the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;

D.

That the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of Chapter 14.02;

E.

When the proposed conditional use is a flag lot, the commission shall make a specific finding on each of the following issues. Any negative findings may result in denial of the use permit or in conditions of approval which alter the minimum development standards, e.g., height, floor area, and setbacks, for the district in which the property is located.

1.

That the size of the proposed flag lot is sufficient to mitigate development impacts and is compatible with the existing lots in the immediate neighborhood;

2.

That the proposed flag lot will not result in unreasonable noise impacts for neighbors adjoining the access corridor;

3.

That the proposed flag lot will not result in unreasonable privacy invasion or unreasonable massing as a result of building height;

4.

That the proposed flag lot will not result in incompatible setbacks from neighboring properties;

5.

That the allowed floor area ratio in accordance with district regulations will not result in adverse impacts on neighboring properties.

F.

When the proposed conditional use is a nonconforming ground floor office use, the planning commission shall make one or more of the following findings:

1.

That access to the space to be occupied can only be reached through another business;

2.

That there is no direct frontage to the space to be occupied from the street or parking plaza; and/or

3.

That the building to be occupied is constructed in such a manner that its conversion to retail is infeasible or would cause unreasonable economic hardship due to the type of construction, the structural remodeling required to convert to retail, lack of window display, or other constraint identified with the findings.

G.

When a conditional use permit is required, the planning commission shall make a specific finding that there is adequate on-site parking to support the facility, including staff, patients, visitors and other ancillary support services. This determination shall be based on a parking demand analysis prepared by a qualified professional and presented to the planning commission at a public hearing.

(Ord. 07-312 § 12; Ord. 05-294 § 4; Ord. 05-271 § 3; prior code § 10-2.2805)

(Ord. No. 2015-406, § 6, 2-10-2015; Ord. No. 2023-501, § 11(App. K), 10-10-2023)

A.

Within fourteen (14) days of any action on a use permit by the planning commission, the decision may be appealed to the city council by any interested party.

B.

Within fourteen (14) days of any action (approval or denial) on a use permit by the planning commission may be called up for review by the city council if two members of the city council submit requests to the city clerk pursuant to Section 1.12.040.

(Prior code § 10-2.2806; Ord. No. 2019-457, § 6, 1-28-2020)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

A use permit may be revoked by the planning commission, or whichever body initially approved the permit, based upon a determination by the development services director or their designee that the holder of the permit has failed to comply with any condition thereof or has violated any applicable provision of this chapter. The revocation procedure shall be the same as prescribed in this chapter for the initial use permit.

(Prior code § 10-2.2807)

(Ord. No. 2011-368, § 3, 7-26-2011; Ord. No. 2016-423, § 1, 9-27-2016; Ord. No. 2019-457, § 7, 1-282020; Ord. No. 2023-501, § 11(App. K), 10-10-2023)

Following the denial of a use permit application or the revocation of a use permit by the planning commission, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six months after the date of the denial or revocation of the use permit.

(Prior code § 10-2.2808; Ord. No. 2019-457, § 8, 1-28-2020)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

A.

Use permit approvals granted pursuant to this chapter shall expire twenty-four (24) months from the date on which the approval became effective, unless prior to such expiration date, a building permit is issued for the improvements constituting the subject of the use permit approval, and construction thereof is commenced and prosecuted diligently toward completion.

B.

Use permit approvals may be extended for a period of time not exceeding twelve (12) months. The application for extension shall be filed prior to the expiration date and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the city council. Extensions of use permit approval are contingent on the development services director or their designee finding that the project complies with all current zoning ordinance regulations.

(Ord. 05-279 § 1: prior code § 10-2.2809; Ord. No. 2016-423, § 1, 9-27-2016)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

For modifications to an approved use permit, the planning commission shall be the decision-making body. The action of the planning commission shall be final unless:

A.

It is appealed in writing to the city council, and the appropriate fee is paid, within fourteen (14) days of the date of the action.

(Ord. No. 2016-423, § 13, 9-27-2016; Ord. No. 2019-457, § 8, 1-28-2020)

(Ord. No. 2023-501, § 11(App. K), 10-10-2023)

Chapter 14.81 - VARIANCES

California Government Code Section 65906 establishes the authority of the city to grant variances to the development standards and provisions of the Zoning Code in cases where, because of special circumstances applicable to the property, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zones.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

14.81.020 - Applicability.

A.

A variance application shall be limited to deviations from any provision of Title 14 of the Los Altos Municipal Code is proposed, including, but not limited to, those standards related to height, lot area, yards, open spaces, setbacks, lot dimensions, signs and parking, unless otherwise specified. Deviations from code requirements not contained within Title 14 shall not be authorized to submit for a variance request.

B.

Variances may not be approved for uses or activities not otherwise expressly authorized by the Zoning Code. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.

C.

Personal, family, medical, and financial hardships and neighboring violations or legal non-conformities do not represent grounds on which to file a variance application.

D.

Variances to use provisions of the Zoning Code are prohibited.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

14.81.030 - Submittal requirements and review.

A.

Filing. An application for a variance shall be filed and processed in compliance with all applicable provisions of Title 14 of the Los Altos Municipal Code. The application shall include the information and materials specified in the development services department handout for variance applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by this chapter.

B.

Project Review Procedures. Following receipt of a completed application, the zoning administrator shall investigate the facts necessary for action consistent with the purpose of this chapter.

C.

Notice, Hearings, and Appeals.

1.

A public hearing shall be required on a variance application. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 14.01.130 (Public Notice Requirements).

2.

The commission's decision is appealable to the council in compliance with Chapter 14.01.100 (Appeals).

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

14.81.040 - Findings and decision.

A.

A variance may be granted provided that the zoning administrator or planning commission, or the city council on appeal, finds, after a full investigation and public hearing, that all the following are true:

1.

The variance does not grant or authorize a use or activity that is not otherwise allowed in the zone; and

2.

Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings such that strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and the same zoning district; and

3.

The granting of the variance does not constitute a grant of special right or privilege inconsistent with the limitations upon other properties in the vicinity and the same zoning district; and

4.

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience.

B.

Failure to make all the required findings shall require denial of the variance.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

A.

In granting a variance, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.

B.

The conditions attached to variance may include such provisions concerning height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction authorized, revocation dates, and other conditions the zoning administrator or planning commission may deem appropriate and necessary to carry out the purposes of the Zoning Code and chapter.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior variance is not admissible evidence for the approval of a new variance.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

Variances shall run with the land and confer the rights granted to and conditions placed upon the applicant onto subsequent property owners.

(Ord. No. 2024-519, § 3(App. C), 12-10-2024)

Chapter 14.82 - MEDICAL AND ADULT-USE CANNABIS REGULATIONS[[18]]

Sections:

Footnotes:

--- ( 18 ) ---

Editor's note— Ord. No. 2018-451, § 3, adopted October 9, 2018, repealed Ch. 14.28, §§ 14.28.10— 14.28.40, and reenacted a new Ch. 14.28 to read as set out herein. Former Ch. 14.28 pertained to similar subject matter and derived from Ord. No. 2016-418, § 3, adopted January 26, 2015.

14.82.10 - Legislative findings and statement of purpose.

A.

The city council finds that the prohibitions on medical and adult-use commercial cannabis uses are necessary for the preservation and protection of the public peace, health, safety, and welfare for the city and its community. It is also the intent of this chapter to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers. The city council's prohibition of such activities is within the authority conferred upon the city council by the California Constitution and other state law.

B.

The city council finds that this chapter: (1) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the zoning, permitting, licensing, or other entitlement of the activities prohibited by this chapter; and (2) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community.

(Ord. No. 2018-451, § 3, 10-9-2018)

14.82.020 - Medical and adult-use commercial cannabis uses.

A.

Commercial Cannabis Uses Prohibited. All medical and adult use commercial cannabis uses as defined in Section 14.02.070 are prohibited from establishing or operating within the city of Los Altos. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a commercial cannabis use in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

B.

Exception for Cannabis Deliveries. Cannabis retailers and other cannabis delivery services are prohibited from physically locating or establishing in the city. However, state-licensed cannabis retailers, as defined in Section 14.02.070 that are legally established and located outside city limits may provide cannabis deliveries to medical or adult-use customers within Los Altos, under the following conditions:

1.

The cannabis retailer must be licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10) to provide cannabis deliveries.

2.

The cannabis delivery service must operate in compliance with the applicable laws and regulations of the local jurisdiction in which the delivery service is physically located and state law.

C.

This section shall not be construed to prohibit use of the public roads pursuant to Business and Professions Code, Section 26090 or those activities allowed by Section 26054, subdivisions (c) or (d).

(Ord. No. 2018-451, § 3, 10-9-2018)

14.82.030 - Cultivation of cannabis for personal use.

A.

Indoor Cultivation. The indoor cultivation of cannabis for personal use, including cannabis cultivation for personal medical use by a qualified patient or primary caregiver, is prohibited except in compliance with the following:

1.

Cannabis cultivation shall only occur indoors at a private residence, or inside a legal accessory structure located upon the grounds of a private residence.

2.

Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence.

3.

Persons engaging in indoor cultivation must comply with all state and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, including without limitation, Health and Safety Code Sections 11362.1 and 11362.2.

4.

The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the city of Los Altos.

5.

The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.

6.

All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure. "Fully enclosed and secure structure" means a space within a building, greenhouse, or other legal structure which has a complete roof enclosure supported by connecting, enclosed walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

7.

A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a premises must maintain a minimum setback of ten (10) feet from any property line.

Any structure used for the cultivation of cannabis must have proper ventilation and air filtration to protect the health and safety of occupants and the neighborhood, prevent mold damage, and to prevent cannabis plant odors or particles from becoming a public nuisance.

B.

Outdoor Cultivation Prohibited. Outdoor cultivation of cannabis, including cannabis cultivation for personal medical use by a qualified patient or primary caregiver, personal adult-use, or commercial purposes, is prohibited in all zoning districts in the city of Los Altos.

(Ord. No. 2018-451, § 3, 10-9-2018; Ord. No. 2019-455, § 2, 3-26-2019)

Any violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. 2018-451, § 3, 10-9-2018)

Any violation of this chapter may be enforced through civil or administrative remedies or any other remedy as provided for by the law. In the event of any conflict between the penalties enumerated under this code, and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. No. 2018-451, § 3, 10-9-2018)

Chapter 14.84 - CERTIFICATES OF OCCUPANCY

Sections:

No structure, other than a dwelling or a multiple-family dwelling erected, moved, altered, or enlarged after March 6, 1958, shall be occupied or used, and no change of occupancy shall be made and no site occupied or used except for agriculture or horticulture, not including nurseries or the raising of animals or fowl after March 6, 1958, until a certificate of occupancy shall have been issued by the building and planning department.

(Prior code § 10-2.3101)

Applications for certificates of occupancy shall be filed with the building and planning department prior to the erection, moving, alteration, or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

(Prior code § 10-2.3102)

The building and planning department shall issue a certificate of occupancy within five days after it has received written notice that the structure or site is ready for occupancy or use, has inspected the structure or site, and has found that it conforms to the applicable provisions of this chapter.

(Prior code § 10-2.3103)

Chapter 14.85 - STANDARDS FOR THE LOCATION OF WIRELESS TELECOMMUNICATIONS FACILITIES

The purpose of the following siting criteria is to provide for the location of wireless telecommunications facilities within the City of Los Altos in a manner that minimizes the visual intrusiveness of wireless telecommunications facilities and provides for coverage throughout the city.

(Ord. No. 2022-486, § 3, 6-28-2022)

The definitions called out in Chapter 11.12 shall apply here unless a specific alternative definition is provided.

(Ord. No. 2022-486, § 3, 6-28-2022)

14.85.030 - Wireless Telecommunications Facilities Locational Preferences.

A.

Colocation with Existing Wireless Telecommunications Facilities.

1.

The city's first preference for the location of new wireless facilities is colocation with existing wireless telecommunications facilities.

B.

Preferred Locations for Wireless Telecommunications Facilities following Colocation.

1.

Properties Outside of Public Rights-of-Way and Public Utility Easements.

a.

Following colocation, the preferred location for wireless telecommunications facilities is outside of public rights-of-way and public utilities easements on properties within one of the following Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 (not shown in order of preference).

K.

Office-Administrative District (OA);

L.

Office-Administrative District (OA-1 and OA-4.5);

N.

Commercial Neighborhood District (CN);

O.

Commercial Downtown District (CD);

P.

Commercial Retail Sales District (CRS);

Q.

Commercial Thoroughfare District (CT);

R.

Commercial Retail Sales/Office District (CRS/OAD); and

V.

Loyola Corners Specific Plan Overlay District (LCSPZ).

2.

Public Rights-of-Way and Public Utility Easements.

a.

Only facilities qualifying for a Section 6409(a) approval and those meeting the definition of a "small wireless facility" shall be permitted within public rights-of-way and public utility easements.

b.

Following colocation and the locations identified in paragraph 14.85.030B.2.a, above, the preferred location for a wireless telecommunications facility is within a public right-of-way or public utility easement fronting or within one of the Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 (not shown in order of preference).

K.

Office-Administrative District, OA (OA);

L.

Office-Administrative District (OA-1 and OA-4.5);

N.

Commercial Neighborhood District (CN);

O.

Commercial Downtown District (CD);

P.

Commercial Retail Sales District (CRS);

Q.

Commercial Thoroughfare District (CT);

R.

Commercial Retail Sales/Office District (CRS/OAD); and

V.

Loyola Corners Specific Plan Overlay District (LCSPZ).

C.

Less Preferred Locations for Wireless Telecommunications Facilities.

1.

Less preferred locations for wireless telecommunications facilities on properties outside of public rights-ofway and public utilities easements include:

a.

Properties other than schools and parks within one of the following Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 (not shown in order of preference).

S.

Public and Community Facilities District (PCF); and

T.

Public and Community Facilities/Single-Family District (PCF/R1-10).

b.

Properties located on a property within one of the Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 that (1) have an existing non-residential use; or (2) are owned by the city

or another governmental entity for public facility or utility purposes.

A.

Single-Family District (R1-10);

B.

Single-Family District (R1-H);

C.

Single-Family District (R1-20);

D.

Single-Family District (R1-40);

E.

Single-Story Single-Family Overlay District (R1-S);

F.

Multiple-Family District (R3-4.5);

G.

Multiple-Family District (R3-5);

H.

Multiple-Family District (R3-3);

I.

Multiple-Family District (R3.1.8);

J.

Multiple-Family District (R3-1);

K.

Commercial Downtown/Multiple-Family District (CD/R3);

U.

Planned Community (PC); and

W.

Planned Unit Development (PUD).

Less preferred locations for wireless telecommunications facilities within public rights-of-way and public utility easements are those fronting or within one of the Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 (not shown in order of preference):

A.

Single-Family District (R1-10);

B.

Single-Family District (R1-H);

C.

Single-Family District (R1-20);

D.

Single-Family District (R1-40);

E.

Single-Story Single-Family Overlay District (R1-S);

F.

Multiple-Family District (R3-4.5);

G.

Multiple-Family District (R3-5);

H.

Multiple-Family District (R3-3);

I.

Multiple-Family District (R3.1.8);

J.

Multiple-Family District (R3-1);

M.

Commercial Downtown/Multiple-Family District (CD/R3);

S.

Public and Community Facilities District (PCF);

T.

Public and Community Facilities/Single Family District (PCF/R1-10);

U.

Planned Community (PC); and

W.

Planned Unit Development (PUD).

a.

Permitted wireless telecommunications facilities within public rights-of-way and public utility easements within the Zoning Districts identified in Municipal Code Sections 14.04.010 A-J, M, S-U, and W are preferred to be located:

(1)

Within a median where one is present;

(2)

Adjacent to a vacant parcel or a parcel where a non- residential use is present;

(3)

In an area that is at least five feet more than the applicable required building setback for the Zoning District of the nearest residential dwelling unit, or twenty-five (25) feet, whichever is greater.

b.

No small wireless facility may be permitted within a public utility easement where it runs across a required front, side, or rear yard setback.

c.

No small wireless telecommunications facility within a roadway right-of-way adjacent to Residential Zoning Districts (Municipal Code Sections 14.04.010 A-J, M, S-U, and W) shall be placed within the central fifty percent (50%) of an immediately adjacent parcel's street frontage unless:

(1)

No feasible alternative exists within five hundred (500) feet of the proposed location.

(2)

Landscaping and/or screening is provided to conceal the facility from view from adjacent dwelling units to the extent feasible.

(3)

For corner lots, this standard shall apply to both roadway frontages.

==> picture [240 x 192] intentionally omitted <==

d.

No small wireless telecommunications facility shall be placed within a public right-of-way or public utility easement adjacent to or within a park or school unless:

(1)

It is located on an existing public utility pole;

(2)

No feasible alternative exists within five hundred (500) feet of the proposed location; and

(3)

Landscaping and/or screening is provided to conceal the facility from view of the adjacent school or park to the extent feasible.

D.

Placement Criteria.

1.

All Wireless Telecommunications Facilities.

a.

Wireless telecommunications facilities and any associated equipment or improvements shall not physically interfere with or impede access to any:

(1)

Worker access to any above ground or underground infrastructure owned or operated by any public or private utility agency;

(2)

Doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building;

(3)

Fire escape; or

(4)

Public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop.

b.

Wireless telecommunications facilities shall not be located so as to interfere with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

2.

Wireless Telecommunications Facilities on Properties Outside of Public Rights-of-Way and Public Utilities Easements.

a.

Pole-mounted wireless telecommunication facilities placed on properties outside of roadway rights-of-way and public utility easements should be located as close as feasible to shared property lines between two adjacent lots and should not be located within twenty (20) feet of an entrance to a building or an individual business.

b.

No portion of a wireless telecommunications facility may be permitted to encroach into any applicable setback for main structures for the zoning district within which it is located unless the facility is designed with a preferred configuration per the City's Design Guidelines.

c.

No wireless telecommunications facility shall be located so as to replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required, nor shall any facility be located so as to interfere with required access to parking spaces.

3.

Small Wireless Telecommunications Facilities Within Public Rights-of-Way and Public Utilities Easements.

a.

No wireless telecommunications carrier shall be permitted to locate a small wireless telecommunications facility within one thousand (1,000) feet of another small wireless telecommunications facility it operates or within two hundred (200) feet of any small wireless telecommunications regardless of its ownership and maintenance.

b.

No portion of any small wireless communications facility within a public right-of-way or utility easement shall overhang a property line.

c.

All components of a small wireless telecommunications facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, impair the public's use of the right-of-way or create safety hazards to pedestrians and motorists.

d.

Small wireless telecommunication facilities within roadway rights- of-way adjacent to non-Residential Zoning Districts (Municipal Code Sections 14.04.010 K-L, N-T, V) should be located on poles that are as close as feasible to shared property lines between two adjacent lots and not directly in front of commercial and office buildings that have a setback of less than twenty (20) feet from the roadway right-of-way.

e.

Small wireless telecommunication facilities shall be located on poles that are outside of driveways and shall not impair intersection sight lines.

f.

Small wireless telecommunications facilities should be sited at mid-block locations rather than at more visible corners and intersections unless:

(1)

The small wireless telecommunications facility is mounted on a traffic signal control pole or streetlight;

(2)

The small wireless telecommunications facility is designed as a preferred configuration with no visible exterior wires or equipment per the City's Design Guidelines.

g.

Facilities mounted to a telecommunications tower, above-ground accessory equipment, or walls, fences, landscaping or other screening methods shall be set back a minimum of eighteen (18) inches from the front of a curb.

h.

A new pole, if permitted, should be located:

(1)

In alignment with existing trees, utility poles, and streetlights.

(2)

At an equal distance between trees, when possible, with a minimum separation of fifteen (15) feet from the tree's trunk or outside of the tree's drip line, whichever is greater, such that no disturbance occurs within the critical root zone of any tree.

(3)

On a through street rather than along a cul-de-sac, where feasible.

(Ord. No. 2022-486, § 3, 6-28-2022)

14.85.040 - Requirements for Approval of Less Preferred Locations.

A.

Applications that involve a less-preferred location identified in Section 14.85.030.C shall be accompanied by clear and convincing written evidence demonstrating that a preferred location per Section 14.85.030.A or 14.85.030.B is infeasible, and that approval of the proposed location rather than a preferred location is therefore needed.

B.

Applications that involve less-preferred locations may be approved only if the applicant demonstrates that:

1.

It does not own any property or facilities within five hundred (500) feet from the proposed site that could provide service in lieu of the proposed facility;

2.

No preferred location exists within five hundred (500) feet from the proposed site; or

3.

Any preferred location within five hundred (500) feet from the proposed site would be technically infeasible.

C.

The burden of proof for demonstrating compliance with these above noted conditions shall be on the applicant and must be satisfied with clear and convincing evidence.

D.

In reviewing a request for a less-preferred location, the City may hire an independent consultant at the applicant's expense to evaluate the applicant's demonstration of need for the proposed less-preferred location.

(Ord. No. 2022-486, § 3, 6-28-2022)

14.85.050 - Eligible Facilities Requested per Municipal Code Section 12.12.100 and Applications Pursuant to Government Code Section 65850.6

A.

Eligible facilities requested per Municipal Code Section 12.12.100 and applications pursuant to California Government Code Section 65850.6 (see Municipal Code Section 11.12.110), are permitted within all Zoning Districts and within all public rights-of-way.

(Ord. No. 2022-486, § 3, 6-28-2022)

Chapter 14.86 - ZONING AMENDMENTS

Sections:

The provisions of this chapter may be amended by changing the boundaries of any district or by changing any district regulation or general provision, exception, or other provision thereof whenever such amendment is required to protect or promote the public health, safety, peace, comfort, convenience, prosperity, or general welfare, in accordance with the procedure prescribed in this chapter.

(Prior code § 10-2.3001)

A.

A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or by the authorized agent of the owner, by filing an application for a change in district boundaries as prescribed in Section 14.86.030 of this chapter.

B.

A change in boundaries of any district, or a change in a district regulation, general provision, exception, or other provision may be initiated by resolution of the commission or by action of the council in the form of a request to the commission that it consider a proposed change; provided, however, in either case the procedure prescribed in Sections 14.86.040 through 14.86.080 of this chapter shall be followed.

(Prior code § 10-2.3002)

14.86.030 - Applications—Fees.

A.

A property owner desiring to propose a change in the boundaries of the district within which his or her property is located, or his or her authorized agent, may file an application with the commission for a change in district boundaries on a form prescribed, by the commission which shall include the following data:

1.

The name and address of the applicant;

2.

A statement that the applicant is the owner of the property for which the change in district boundaries is proposed, or the authorized agent of the owner, or the purchaser under contract; and

3.

The address or description of the property.

B.

The application shall be accompanied by an accurate scale drawing or recent aerial photograph of the site and surrounding area for a distance of not less than two hundred fifty (250) feet, and to the extent

necessary to show the nearest existing structure from each boundary of the site, the location of existing streets, property lines, and all structures, uses, and improvements, including, but not limited to, roads, pedestrian ways, parking spaces, loading spaces, and landscaped areas.

C.

The application shall be accompanied by a fee set by the council by resolution.

(Prior code § 10-2.3003)

The commission shall hold at least one public hearing on each application for a change in district boundaries and on each proposal for a change in district boundaries or of a district regulation, general provision, exception, or other provision of this chapter by all of the following methods:

A.

Notice of such public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the city.

B.

Mailing of notices to the recorded legal owners of all such properties within five hundred (500) feet of the boundaries of the property for which a change in district boundaries is proposed at the addresses shown on the last equalized assessment roll.

(Ord. 07-306 § 11: prior code § 10-2.3004)

A.

At the public hearing the commission shall review the application or the proposal for a change in a district boundary or of a district regulation, general provision, exception, or other provision of this chapter and shall receive pertinent evidence as to why or how the proposed change will protect or promote the public health, safety, peace, comfort, convenience, prosperity, or general welfare.

B.

The commission shall review proposals for the use of a property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements in the light of the fact that under the provisions of this chapter a change in district boundaries may not be made conditionally, and that the owner of the property is bound to comply only with the district regulations and general provisions prescribed in this chapter.

(Prior code § 10-2.3005)

A.

Upon completion of a public hearing, the commission shall render a decision on the matter heard. Such decision shall be based on specific findings as to whether the application or proposal is in the best interest for the protection or promotion of the public health, safety, comfort, convenience, prosperity, or welfare and is in conformance with the adopted general plan of the city. If the commission finds that the change is in the best public interest, it may recommend to the council that the application or proposal be adopted.

B.

If the commission finds that adoption of the application or proposal would not be in the best public interest, it shall deny the same. Disapproval by the commission shall be final; provided, however, the decision of the commission may be appealed to the council within fifteen (15) days after the date of the commission action. Such appeal shall be made to the city clerk in writing.

(Prior code § 10-2.3006)

The council, upon receipt of an appeal of a commission denial, shall set the matter for public hearing. Notice of the hearing and the conduct of the same shall be the same as provided in Sections 14.86.040 and 14.86.050 of this chapter.

(Prior code § 10-2.3007)

A.

Upon receipt of a recommendation from the commission for approval of an application or proposal, the council shall set the matter for a public hearing. Notice of such hearing shall be given in accordance with the provisions of Section 14.86.040 of this chapter.

B.

Upon completion of the hearing, the council shall review the report of the commission and evidence received at the hearing. If the council finds that the application or proposal is in the best interest for protection or promotion of the public health, safety, comfort, convenience, prosperity, or welfare, it may adopt the application or proposal. If the council finds the application not to be in the best public interest, it shall disapprove the application.

(Prior code § 10-2.3008)

After denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within a period of one year of the date of such denial. Except that in the case of failure to demonstrate the minimum required property owner support for an R11-S district as set forth in Section 14.13.030 of this title in the manner set forth by the city council, no such application for the same or substantially the same neighborhood shall be filed within a period of seven years of the date of such failure to demonstrate the minimum required property owner support.

(Ord. 00-383 § 4: prior code § 10-2.3009)

Chapter 14.88 - ZONING MAP AMENDMENTS

Sections:

14.88.010 - Zoning map amended.

A.

That portion of OA-1 District, hereinafter described, is hereby changed to CN district and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 69-1 incorporated hereby by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3401)

==> picture [312 x 487] intentionally omitted <==

A.

That portion of CRS District, hereinafter described, is hereby changed to CD District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 70-1 incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3402)

==> picture [360 x 464] intentionally omitted <==

A.

That portion of CRS District, hereinafter described, is hereby changed to CD District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 71-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3403)

==> picture [300 x 396] intentionally omitted <==

A.

That portion of R1-10 District, hereinafter described, is hereby changed to OA-1 District and zoned in accordance therewith.

B.

All of Lots 9 and 10, Tract 2669, Solomon Tract, as shown upon the map of said Tract 2669, Solomon Tract, filed for record in Book 141 of Maps, at Page 7, in the office of the county recorder of Santa Clara County.

C.

That portion of R1-10 District, hereinafter described, is hereby changed to CT District and zoned in accordance therewith.

D.

All of Lot 11, Tract 2669, Solomon Tract, as shown upon the map of said Tract 2669, Solomon Tract, filed for record in Book 141 of Maps, at Page 7, in the Office of the County Recorder of Santa Clara County.

E.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated. An insert copy of Rezoning Map No. 71-2, showing the described areas, is attached hereto and incorporated herein by reference.

(Prior code § 10-2.3404)

==> picture [432 x 563] intentionally omitted <==

14.88.050 - Zoning map amended.

A.

That portion of R1-10 District, hereinafter described, is hereby changed to QA District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 72-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3405)

==> picture [300 x 389] intentionally omitted <==

A.

That property hereinafter described, designated as "University 72-1," is hereby zoned R1-40 District.

B.

All properties as delineated on Rezoning Map No. 73-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3406)

==> picture [360 x 479] intentionally omitted <==

A.

That property hereinafter described is hereby zoned CN District.

B.

All properties as delineated on Rezoning Map No. 73-2, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3407)

==> picture [361 x 498] intentionally omitted <==

14.88.080 - Zoning map amended.

A.

That property hereinafter described is hereby zoned R1-20 District.

B.

All properties as delineated on Rezoning Map No. 74-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3408)

==> picture [300 x 398] intentionally omitted <==

14.88.090 - Zoning map amended.

A.

That portion of R1-10 District hereinafter described is hereby changed to PCF District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 75-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3410)

==> picture [324 x 513] intentionally omitted <==

==> picture [324 x 507] intentionally omitted <==

==> picture [324 x 501] intentionally omitted <==

==> picture [324 x 535] intentionally omitted <==

==> picture [324 x 502] intentionally omitted <==

A.

That portion of CT District hereinafter described is hereby changed to R3-3 District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 76-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3411)

==> picture [324 x 421] intentionally omitted <==

A.

That portion of PCF District hereinafter described is hereby changed to R1-10 District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 77-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3412)

==> picture [324 x 426] intentionally omitted <==

14.88.120 - Zoning map amended.

A.

That portion of PCF District hereinafter described is hereby changed to R1-10 District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 78-1, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3413)

==> picture [324 x 435] intentionally omitted <==

14.88.130 - Zoning map amended.

A.

That portion of CN District hereinafter described is hereby changed to R3-1 District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 78-2, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-3414)

==> picture [324 x 427] intentionally omitted <==

14.88.140 - Zoning map amended.

A.

That portion of PCF District hereinafter described is hereby changed to PCF/R1-10 District and zoned in accordance therewith.

B.

All properties as delineated on Rezoning Map No. 78-3, attached hereto and incorporated herein by reference.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3415)

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A.

That portion of R1-20 District as delineated on Rezoning Map No. 80-1, attached hereto and incorporated herein by reference, is hereby changed to R1-40 District and prezoned in accordance therewith.

B.

That portion of R1-40 District as delineated on Rezoning Map No. 80-1, attached hereto and incorporated herein by reference, is hereby changed to R1-20 District and prezoned in accordance therewith.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3416)

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A.

That portion of R1-10 District as delineated on Rezoning Map No. 80-2, attached hereto and incorporated herein by reference, is hereby changed to R1-20 District and zoned in accordance therewith.

B.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3417)

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A.

That portion of R1-H District as delineated on Rezoning Map No. 80-3, attached hereto and incorporated herein by reference, is hereby changed to R1-20 District and prezoned in accordance therewith.

B.

That portion of R1-H District as delineated on Rezoning Map No. 80-3, attached hereto and incorporated herein by reference, is hereby changed to R1-10 District and prezoned in accordance therewith.

C.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3418)

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A.

That portion of the R140 District, as delineated on Rezoning Map No. 84-1, attached hereto and incorporated herein by reference, is hereby changed to the PC District and zoned in accordance therewith.

B.

The zoning map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3419)

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A.

All properties as delineated on Rezoning Map No. 84-2, attached hereto and incorporated herein by reference, are hereby prezoned to the PC District.

B.

The Zoning Map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3420)

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A.

That property hereinafter described and delineated on Rezoning Map Nos. 87-1 through 87-12, attached hereto and incorporated herein by reference, is hereby zoned and prezoned in accordance therewith.

1.

All properties as delineated on Rezoning Map No. 87-1 (Site a) attached hereto and incorporated herein by reference are hereby zoned CT District.

2.

All properties as delineated on Rezoning Map No. 87-1 (Site b) attached hereto and incorporated herein by reference are hereby zoned R3-3 District.

All properties as delineated on Rezoning Map No. 87-2 attached hereto and incorporated herein by reference are hereby zoned R3-1.8 District.

4.

All properties as delineated on Rezoning Map No. 87-3 attached hereto and incorporated herein by reference are hereby zoned PCF/R1-l0 District.

5.

All properties as delineated on Rezoning Map Nos. 87-I (Site c), 87-4, 87-5, 87-7, 87-9, and 87-12 attached hereto and incorporated herein by reference are hereby zoned PCF District.

6.

All properties as delineated on Rezoning Map No. 87-6 attached hereto and incorporated herein by reference are hereby zoned CN District.

7.

All properties as delineated on Rezoning Map Nos. 87-8 and 87-11 attached hereto and incorporated herein by reference are hereby prezoned PCF District.

8.

All properties as delineated on Rezoning Map No. 87-10 attached hereto and incorporated herein by reference are hereby zoned R1-10 District.

B.

The Zoning Map is amended in accordance with the provisions of this section, and the district boundaries are so designated.

(Prior code § 10-2.3421)

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A.

That property hereinafter described and delineated on Rezoning Map No. 89-1, attached hereto and incorporated herein by reference, is hereby zoned CN District.

B.

The Zoning Map is amended in accordance with the provisions of this Section and the district boundaries are so designated.

(Prior code § 10-2.3422)

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14.88.220 - Zoning map amended.

A.

Property hereinafter described and delineated on Rezoning Map No. 89-2, attached hereto and incorporated herein by reference, is hereby prezoned R1-20 District

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3423)

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14.88.230 - Zoning map amended.

A.

Portion of R1-10 District, as delineated on Rezoning Map No. 89-3, attached hereto and incorporated herein by reference, is hereby changed to PCF District

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3424)

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14.88.240 - Zoning map amended.

A.

That portion of R1-10 District, as delineated on Rezoning Map No. 89-4, attached hereto and incorporated herein by reference, is hereby changed to PCF District.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3425)

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14.88.250 - Zoning map amended.

That property hereinafter described and delineated on Rezoning Map No. 90-1, attached hereto and incorporated herein by reference, is hereby zoned CS District.

(Prior code § 10-2.3426)

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14.88.260 - Zoning map amended.

That portion of CRS District, as delineated on Rezoning Map No. 90-2, attached hereto and incorporated herein by reference, is hereby changed to CD District

(Prior code § 10-2.3427)

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14.88.270 - Zoning map amended.

That property hereinafter described and delineated on Rezoning Map No. 91-1, attached hereto and incorporated herein by reference, is hereby zoned CN District.

(Prior code § 10-2.3428)

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14.88.280 - Zoning map amended.

That portion of R1-10 District, as delineated on Rezoning Map No. 91-2, attached hereto and incorporated herein by reference, is hereby changed to PCF District.

(Prior code § 10-2.3429)

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14.88.290 - Zoning map amended.

That portion of PCF and R1-10 Districts, as delineated on Rezoning Map No. 91-3, attached hereto and incorporated herein by reference, is hereby changed to PUD/SC District and the application number 91PUD/SC-1 shall be placed on the zoning map.

(Prior code § 10-2.3430)

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That portion of R1-10 District, as delineated on Rezoning Map No. 91-4, attached hereto and incorporated herein by reference, is hereby changed to PCF District.

(Prior code § 10-2.3431)

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14.88.310 - Zoning map amended.

That property hereinafter described and delineated on Rezoning Map No. 91-5, attached hereto and incorporated herein by reference (Exhibit 1), is hereby zoned LC/SPZ District.

(Prior code § 10-2.3432)

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14.88.320 - Zoning map amended.

That portion of R3-1.8 District and R1-10 District, as delineated on Rezoning Map No. 93-1, attached hereto and incorporated herein by reference, is hereby changed to PUD/R District and PUD/R/R1-10 District, and the application number 93-PUD/R-1 shall be placed on the zoning map. Application 93/PUD/R-1 consists of the development plans and development standards and regulations which are made a part of this chapter as if fully set forth in this chapter. Application 93-PUD/R-1 is on file in the planning department.

(Prior code § 10-2.3433)

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14.88.330 - Zoning map amended.

A.

That portion of R1-10 District, as delineated on Rezoning Map No. 94-1, attached hereto and incorporated herein by reference, as hereby changed to PUD/R1 Cluster.

B.

The Zoning Map is amended in accordance with provisions of this Section and the district boundaries are so designated.

(Prior code § 10-2.3434)

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14.88.340 - Zoning map amended.

A.

That portion of R1-10 District, as delineated on Rezoning Map No. 94-1, attached hereto and incorporated herein by reference, is hereby changed to the Public and Community Facilities (PCF) District.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3435)

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14.88.350 - Zoning map amended.

A.

That portion of the PUD/SC District, as delineated on Rezoning Map No. 94-2, attached hereto and incorporated herein by reference, is hereby changed to the PCF District.

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are as designated.

(Prior code § 10-2.3436)

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14.88.360 - Zoning map amended.

A.

That portion of the R1-10 (Single-Family Residential, Quarter Acre) District, as delineated on Rezoning Map No. 94-A-3, attached hereto and incorporated herein by reference, is hereby changed to the PCF (Public and Community Facilities) District.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3437)

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14.88.370 - Zoning map amended.

A.

That portion of the CRS (Retail Sales Commercial) District, as delineated on Rezoning Map. No. 95-1, attached hereto and incorporated herein by reference, is hereby changed to CD (Downtown Commercial) District.

B.

The Zoning Map is amended with provisions of this section and the district boundaries are so designated. (Prior code § 10-2.3438)

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A.

That portion of the CT District, as delineated on Rezoning Map No. 95-1, attached hereto and incorporated herein by reference, is hereby changed to the R3-1 District.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are as designated.

(Prior code § 10-2.3439)

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14.88.390 - Zoning map amended.

A.

That portion of the CT District, as delineated on Rezoning Map No. 95-2, attached hereto and incorporated herein by reference, is hereby changed to the R3-A District.

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are as designated.

(Prior code § 10-2.3440)

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14.88.400 - Zoning map amended.

A.

That portion of the CT District, as delineated on Rezoning Map No. 95-3, attached hereto and incorporated herein by reference, is hereby changed to the R3-1 District.

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are as designated.

(Prior code § 10-2.3441)

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A.

That portion of the R1-10 District, as delineated on Rezoning Map No. 95-4, attached hereto and incorporated herein by reference, is hereby changed to the PUD/SC/R1-10 District.

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are as designated.

(Prior code § 10-2.3442)

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A.

Those portions of the CT, CN, OA-1, R3-1, R3-1.8, R3-3 and R3-5 Districts, as delineated on Rezoning Maps No. 95-5, attached hereto and incorporated herein by reference, is hereby overlaid with the AH/MU Overlay District.

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are as designated.

(Prior code § 10-2.3443)

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14.88.430 - Zoning map amended.

A.

That portion of the R1-10 (Single-Family Residential, Quarter Acre) District, as delineated on Rezoning Map No. 95-Z-1, attached hereto and incorporated herein by reference, is hereby changed to PCF (Public and Community Facilities) District.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3444)

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14.88.435 - Zoning map amended.

A.

That property at 13711 Old Altos Road, as delineated on Prezoning Map No. 95-1, attached hereto and incorporated herein by reference, is hereby prezoned to the R1-20 (Single-Family Residential) District.

B.

The Zoning Map is amended in accordance with the provisions of this section and the district boundaries are as designated.

(Ord. No. 95-342, § 2, 9-5-1995)

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14.88.440 - Zoning map amended.

A.

That portion of the Office Administrative (OA-4.5) District, as delineated on Rezoning Map No. 96-Z-1, attached hereto and incorporated herein by reference, is hereby changed to the Multiple-Family Residential (R3-1.8) District.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3445)

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14.88.450 - Zoning map amended.

A.

That portion of the R1-10 (Single-Family, Residential Quarter acre) zoning district, as delineated on Rezoning Map No. 96-Z-2, attached hereto and incorporated herein by reference, is hereby changed to the R1-20 (Single-Family, Residential one-half acre) zoning district.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3446)

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14.88.460 - Zoning map amended.

A.

That portion of the R1-10 (Single-Family, Residential) zoning district, as delineated on Rezoning Map No. 96-Z-3, attached hereto and incorporated herein by reference, is hereby changed to the PCF (Public Community Facilities) zoning district.

B.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3447)

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14.88.470 - Zoning map amended.

A.

That portion of the Public and Community Facilities (PCF) District, as delineated on Rezoning Map No. 98Z-1, is hereby changed to the Single-Family Residential (R1-10) District.

B.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Prior code § 10-2.3448)

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14.88.475 - Zoning map amended.

A.

That portion of the R1-10 (Single-Family, Residential) zoning district, as delineated on Rezoning Map No. 99-Z-3, is hereby changed to the PCF (Public Community Facilities) zoning district.

B.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 99-378-A § 2: prior code § 10-2.3449)

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14.88.480 - Zoning map amended.

A.

That portion of the R1-10 (single-family, residential) zoning district, as delineated on Rezoning Map No. 99Z-2, is changed to the PCF (public community facilities) zoning district.

B.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 00-380 § 2: prior code § 10-2.3450)

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A.

That property located at 789 Vista Grande Avenue, as delineated on Rezoning Map No. 00-Z-1, is prezoned to the R1-10 (single-family, residential) zoning district.

B.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 00-386 § 2: prior code § 10-2.3451)

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A.

That portion of R1-10 District, as delineated on Rezoning Map No. 00-Z-2, is hereby changed to the Public and Community Facilities (PCF) District.

B.

The zoning map is amended in accordance with the provisions of this section and the district boundaries are so designated.

(Ord. 01-395 § 2)

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14.88.530 - Zoning map amended.

Those properties located in the Angela-Galli-Merritt neighborhood, as delineated on Rezoning Map No. 00Z-3, attached hereto and incorporated herein by reference, are hereby included within the Single-Story Single-Family Overlay (R1-S) zoning district.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 01-400 § 2)

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Those properties located in the Live Oak Lane neighborhood, as delineated on Rezoning Map No. 01-Z-02, attached hereto and incorporated herein by reference, are hereby included within the Single-Story SingleFamily Overlay (R1-S) zoning district.

The Zoning Map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord 01-406 § 2)

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14.88.550 - Zoning map amended.

Those properties located in the Verano Drive neighborhood, as delineated on Rezoning Map No. 01-Z-03, attached hereto and incorporated herein by reference, are hereby included within the Single-Story SingleFamily Overlay (R1-S) zoning district.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 01-407 § 2)

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14.88.560 - Zoning map amended.

The property generally located at 460 S. El Monte Avenue, as delineated on Rezoning Map No. 01-Z-04, attached hereto and incorporated herein by reference, is hereby included within the Public and Community Facilities (PCF) zoning district.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 02-409 § 2)

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Those properties located in the Deodara Drive neighborhood, as delineated on Rezoning Map No. 03-Z-01, attached hereto and incorporated herein by reference, are hereby included within the R1-S District.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 03-246 § 2: Ord. 02-418 § 2)

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Those properties located in the Rosewood Court neighborhood, as delineated on Rezoning Map No. 02-Z01, attached hereto and incorporated herein by reference, are hereby included within the R1-S District.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 02-419 § 2)

14.88.600 - Zoning map amended.

Those properties located in the Azalea Way neighborhood, as delineated on Rezoning Map No. 02-Z-04, attached hereto and incorporated herein by reference, are hereby included within the R1-S District.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 02-421 § 2)

14.88.610 - Zoning map amended.

Those properties located in the Sunkist-Avalon neighborhood, as delineated on Rezoning Map No. 05-Z05, attached hereto and incorporated herein by reference, are hereby included within the R1-S Overlay District.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 06-300 § 2)

14.88.620 - Zoning map amended.

Those properties located in the Panchita Way neighborhood, as delineated on Rezoning Map No. 07-Z-02, attached hereto and incorporated herein by reference, are hereby included within the Rl-S Overlay District.

The zoning map is amended in accordance with provisions of this section and the district boundaries are so designated.

(Ord. 07-316 § 2)

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14.88.630 - Zoning map amended.

The properties generally located at 323 and 373 Pine Lane, as delineated on Rezoning Map No. 07-Z-01, attached hereto and incorporated herein by reference, are hereby included within the Public and Community Facilities (PCF) zoning district.

The zoning map is amended in accordance with the provisions of this section and the district boundaries are so designated.

(Ord. No. 09-338, § 2, 8-27-2009)

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The properties generally located at 280 Second Street, 301 Second Street, 233 Third Street, 240 Third Street and 250 Third Street as delineated on Rezoning Map No. 10-Z-01, attached hereto and incorporated herein by reference, are hereby included within the Commercial Downtown (CD) zoning district.

The zoning map is amended in accordance with the provisions of this section and the district boundaries are so designated.

(Ord. No. 10-350, § 1, 5-11-2010)

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The properties generally referred to as the South Parking Plazas (APNs 167-40-039, 167-40-072 and a portion of 167-38-002) as delineated on Rezoning Map No. 11-Z-02, attached hereto and incorporated herein by reference, are hereby included within the Commercial Downtown (CD) zoning district.

(Ord. No. 2011-371, § 1, 8-23-2011)

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14.88.660 - Zoning map amended.

The properties generally referred to as Lincoln Park (APNs 175-12-012, 167-41-049 and 167-41-063) as delineated on Rezoning Map No. 11-Z-03, attached hereto and incorporated herein by reference, are hereby included within the Public and Community Facilities (PCF) zoning district.

The Zoning Map is amended in accordance with the provisions of this Section and the district boundaries are so designated.

(Ord. No. 2011-373, § 1, 11-8-2011)

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The properties generally referred to as Pinewood School (APNs 189-47-023, 189-47-024 and 189-47-027) as delineated on Rezoning Map No. 12-Z-01, attached hereto and incorporated herein by reference, are hereby included within the Public and Community Facilities (PCF) zoning district.

(Ord. No. 2012-387, § 1, 9-25-2012)

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The properties generally referred to as 448 South San Antonio Road (APNs 167-41-057 and 167-41-058) and a portion of adjacent public alley right-of-way as delineated on Rezoning Map No. 13-Z-01, attached hereto and incorporated herein by reference, are hereby included within the commercial downtown/multiple-family (CD/R3) zoning district.

(Ord. No. 2014-400, § 1, 3-25-2014)

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14.88.690 - Zoning map amended.

The property generally referred to as 366 First Street (APN 167-41-051) as delineated on Rezoning Map No. 14-Z-01, attached hereto and incorporated herein by reference, are hereby included within the Commercial Retail Sales (CRS) zoning district.

(Ord. No. 2015-411, § 1, 8-25-2015)

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14.88.700 - Zoning map amended.

A.

Those properties delineated on Pre-Zoning Map 16-Z-01, attached hereto and incorporated by reference, are hereby included in the R1-10 District.

B.

The zoning map is amended in accordance with the provisions of this section and the district boundaries are so designated.

(Ord. No. 2016-422, § 1, 9-13-2016)

JARDIN DRIVE ANNEXATION—ZONING MAP 16-Z-01

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A.

Those properties located in the Larkellen Lane Neighborhood, as delineated on Rezoning Map No. 16-Z-02, attached hereto and incorporated herein by reference, are hereby included within the R1-S Overlay District.

B.

The zoning map is amended in accordance with provisions of the section and the district boundaries are so designated.

(Ord. No. 2017-433, § 1, 9-12-2017)

Rezoning Map No. 16-Z-02

Single-Story Overlay District (R1-S) — Larkellen Lane Neighborhood

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A.

That property hereinafter described and delineated on Rezoning Map Nos. Z-19-01 through Z-19-05, attached hereto and incorporated herein by reference, is hereby zoned in accordance therewith.

1.

The properties generally referred to as Grant Park (APNs 318-17-052, 318-17-053, and 318-17-054) as delineated on Rezoning Map No. 19-Z-01, attached hereto and incorporated herein by reference, are hereby included within the Public and Community Facilities (PCF) zoning district.

2.

The property generally referred to as the Redwood Grove Connection to Shoup Park (APN 175-13-055) as delineated on Rezoning Map No. 19-Z-02, attached hereto and incorporated herein by reference, are hereby included within the Public and Community Facilities (PCF) zoning district.

The portion of the property generally referred to as Shoup Park (APN 175-13-045) as delineated on Rezoning Map No. 19-Z-03, attached hereto and incorporated herein by reference, are hereby included within the Public and Community Facilities (PCF) zoning district.

4.

The property generally referred to as the Fallen Leaf Lane bicycle path (APN 318-27-019) as delineated on Rezoning Map No. 19-Z-04, attached hereto and incorporated herein by reference, are hereby included within the Public and Community Facilities (PCF) zoning district.

B.

The Zoning Maps are amended in accordance with the provisions of this Section and the district boundaries are so designated.

(Ord. No. 2019-468, § 1, 12-10-2019)

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A.

The property located at 4546 El Camino Real, APN: 16712042 also known as "Village Court," as delineated on Rezoning Map No. 23-Z-01, attached hereto and incorporated herein by reference, are hereby included within the Commercial Thoroughfare (CT) Zoning District.

B.

The zoning map is amended in accordance with the provisions of the section and the district boundaries are so designated.

(Ord. No. 2023-505, § 1(Exh. A), 11-28-2023)

14.88.740 - Zoning map amended.

A.

The following properties as delineated in the Exhibit A by Assessor Parcel Number (APN), attached hereto and incorporated herein by reference, are hereby included within the Commercial Thoroughfare (CT) Zoning District.

(Ord. No. 2025-533, § 1(App. A), 5-27-2025)

Chapter 14.91 - LIGHTING PERFORMANCE STANDARDS

14.91.010 - Purpose.

The purpose of this chapter is to establish regulations and a process to review outdoor lighting to accomplish the following:

A.

Minimize direct glare and prevent excessive lighting, thereby minimizing light pollution caused by inappropriate or misaligned light fixtures, and promoting common courtesy among neighbors; and

B.

Provide sufficient lighting where it is needed to promote safety and security; and

C.

Provide standards for efficient and moderate use of lighting; and

D.

Encourage human health benefits and local wildlife safety.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

14.91.020 - Definitions.

"Correlated color temperature" or color temperature is a specification of the color appearance of the light emitted by a light source, measured in Kelvin (K). Warmer color temperatures are a lower number, and cooler color temperatures are a higher number.

"Curfew" means the time of day when lighting restrictions are in effect.

"Directional lighting" means methods of directing light downward, rather than upward or outward, with the intention of directing light where it is needed.

"Fully shielded" means a light fixture constructed and installed in such a manner that all light emitted, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane (from the bottom of the lamp).

"Glare" means light entering the eye directly from a light fixture or indirectly from reflective surfaces that causes visual discomfort or reduced visibility to a reasonable person.

"Government facilities" means a building or structure, parcel or property, owned, leased, operated, or occupied by the City of Los Altos. Government facilities include any public infrastructure maintained within the City of Los Altos.

"Light pollution" means the material adverse effect of artificial light, including, but not limited to, glare, light trespass, sky glow, energy waste, compromised safety and security, and impacts on the nocturnal environment, including light sources that are left on when they no longer serve a useful function.

"Light trespass" means a condition in which artificial light emitted from a luminaire on one property, not inclusive of light incidentally scattered or reflected from adjacent surfaces, is directed in such a manner that the light source is visible from any other property.

"Lumen" means the common unit of measure used to quantify the amount of visible light produced by a lamp or emitted from a light fixture (as distinct from "Watt," a measure of power consumption).

"Outdoor light fixtures" means outdoor illuminating devices, lamps and similar devices, including solar powered lights, and all parts used to distribute the light and/or protect the lamp, permanently installed or portable; synonymous with "luminaires" affixed to the exterior of a building.

"Seasonal lighting" means lighting installed and operated in connection with holidays or traditions.

"Security lighting" means lighting intended to detect intrusions or other criminal activity occurring on a property or site.

"Skyglow" means the brightening of the nighttime sky that results from scattering and reflection of artificial light by air molecules, moisture, and dust particles in the atmosphere, caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

"String lights" means light sources connected by free-strung wires or inside of tubing resulting in several or many points of light.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

14.91.030 - Applicability.

A.

All existing outdoor light fixtures installed prior to the effective date of the ordinance from which this chapter is derived shall conform to the provisions of this chapter according to the compliance schedule set

forth in Section 14.91.070.

B.

All outdoor light fixtures installed or replaced after the effective date of the ordinance from which this chapter is derived shall comply with this chapter.

C.

For any property subject to this chapter and regulated by permit conditions pertaining to outdoor lighting, the more restrictive provisions in terms of minimizing light pollution shall apply.

D.

Nothing in this chapter shall prohibit a declaration of covenants, conditions, and restrictions for private enforcement from further restricting lighting so long as it meets the minimum standards detailed in this chapter.

E.

The following lighting and activities are not regulated by this chapter:

1.

Indoor lighting.

2.

Construction or emergency lighting provided such lighting is temporary, necessary, and is discontinued immediately upon completion of the construction work or termination of the emergency; provided, however, construction or emergency lighting shall be deployed to comply with the ordinance to the greatest practical extent.

3.

Building or premises address identification lighting that complies with the minimum applicable building or health and safety requirements, provided however, such lighting shall be deployed to comply with this chapter to the greatest practical extent, with the exception of curfew requirements.

4.

Low-intensity landscape lighting which is directed downward and no greater than one hundred and fifty (150) lumens per fixture.

5.

Short-term lighting associated with activities that are otherwise exempt from discretionary or ministerial permitting by the city; provided, however, such lighting shall be deployed to comply with this chapter to the greatest extent practical.

Public Schools Facilities which include athletic fields and parking lot lights.

7.

Government Facilities provided however, such lighting shall be deployed to comply with this chapter to the greatest practical extent, except for curfew requirements.

8.

Lighting at building entrances is subject to all requirements of this chapter except for the curfew requirements in subsection 14.91.040(E) of this chapter.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

14.91.040 - General standards.

A.

Shielding.

1.

All outdoor light fixtures shall be fully shielded.

a.

Exceptions to the full shielding requirement include:

1.

String lights when used in occupied residential and commercial decks or patios. String lighting is limited to a maximum of fifty (50) percent of usable outdoor area, and must be extinguished by 11:00 p.m., with a maximum of forty-two (42) lumens.

B.

Light Trespass. Light trespass is prohibited, except for fixtures exempted from this chapter.

C.

Location. Location of outdoor lighting, the following limitations are imposed on the location of outdoor lighting:

1.

Lighting within five feet of the perimeter of a site is prohibited, except where it is controlled by motion sensor which extinguishes the light no later than ten (10) minutes after activation unless otherwise exempted within this chapter.

D.

Lighting Color (Color Temperature). The correlated color temperature of all outdoor lighting shall be three thousand (3,000) Kelvin or less except for seasonal lighting.

E.

Curfew.

1.

Residential Uses: All lighting subject to this chapter shall be extinguished no later than 11:00 p.m., except lighting at building entrances, parking areas and driveways, and lighting activated by motion sensor which extinguishes ten (10) minutes after activation.

2.

Commercial Uses:

a.

All lighting shall be extinguished no later than 12:00 a.m. or close of business, whichever occurs first, except lighting at the building entrances and driveway egress points, and lighting activated by motion sensor which extinguishes ten (10) minutes after activation.

b.

Automated control systems, such as motion sensors and timers, shall be used to meet the curfew requirements for commercial uses. Photocells or photocontrols shall be used to extinguish all outdoor lighting automatically when sufficient daylight is available. Automated controls shall be fully programmable and supported by battery or similar backup.

F.

All outdoor lighting shall comply with applicable regulations in the California Building Standards Code, as may be amended from time to time.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

A.

Fuel Station Canopies.

1.

Canopies shall not be transparent or translucent.

2.

Lighting fixtures in the ceiling of canopies shall be fully recessed into the underside of the canopy. All lighting fixtures shall be located to shield direct rays from adjoining properties or public rights-of-way.

3.

Lighting shall not be mounted to the top of facia of canopies.

4.

The maximum light intensity under the canopy shall not exceed an average maintained foot-candle (horizontal) of 12.5, when measured at finished grade. Luminaires shall be of a low level, indirect diffused type.

5.

No luminaire shall be higher than fifteen (15) feet above the finished grade.

6.

The fascia of such canopies shall not be illuminated, except for approved signage.

B.

Outdoor Security Lighting.

1.

All security lighting shall be controlled by a programmable motion detecting device and shall be extinguished within ten (10) minutes.

2.

Security lighting shall be downward directed, fully shielded, and not be mounted at a height that exceeds twelve (12) feet.

3.

Floodlights are not permitted.

4.

Lights intended to illuminate a perimeter are permitted only if such lights do not result in light trespass.

5.

Motion-activated security lights shall not use luminaires that exceed a maximum of one thousand six hundred (1,600) lumens.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

A.

Modification of standards from the lighting standards provided in this chapter may be approved for private properties if approved by the development services director or their designee.

B.

Applications to deviate from the lighting standards shall include the following information:

1.

A site plan depicting the location of proposed lighting on the site; and

2.

A lighting inventory that provides, at minimum:

a.

The brightness (in lumens) and correlated color temperature (in Kelvin) of each luminaire; and

b.

The height of each fixture; and

c.

The directional angle of each fixture; and

d.

The character of shielding for each luminaire, if any; and

e.

Identification of luminaires that diverge from the standards of this chapter and are subject to the deviation request; and

f.

Detailed description of the circumstances which necessitate the deviation; and

3.

Other data and information may be required by the development services director.

C.

The deviation may be granted if the following findings are made:

1.

There are unique circumstances affecting the subject property or unique design and land use characteristics that make it infeasible or impractical to comply with strict application of the lighting

standards detailed in this chapter.

2.

The proposed deviation will achieve the intent of this chapter to the maximum extent feasible.

3.

The proposed deviation is to provide necessary security and/or safety lighting of the subject property.

D.

Notice of the development service director's decision to approve the requested deviation shall be posted by city staff or, to their discretion, the applicant, and it shall be legible and visible from the public right-ofway. Such notice shall state the decision on the application and shall provide information on the appeal process pursuant to this chapter.

E.

Appeal Procedures.

1.

An appeal of the development service director's decision shall be in writing and filed with the city clerk within fourteen (14) days after the date of the notice of the decision. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for the appeal.

2.

Upon receipt of such an appeal, the city clerk shall notify the development service director and the applicant and shall set a time for an administrative appeal hearing with the city manager as soon as practical but within thirty (30) days after the receipt of such an appeal.

3.

Notice of the appeal hearing shall be published in a newspaper of general circulation, and state the decision being appealed, date, time, and location of the appeal hearing.

4.

The city manager shall conduct a de novo hearing of the application. At the close of the hearing, the city manager may affirm, reverse or modify the decision of the director, or refer the matter to the director for further consideration as may be directed by the city manager. The city manager's decision following the appeal hearing will be final.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

14.91.070 - Application of chapter to existing nonconforming lighting.

A.

Effective Date. The effective date of this chapter shall be May 1, 2025.

B.

The following requirements shall apply to existing outdoor light fixtures within one year of the effective date of the ordinance from which this chapter is derived:

1.

Existing outdoor light fixtures with the ability to be redirected shall be directed downward to minimize sky glow, glare and in a manner to minimize light trespass onto adjacent properties.

2.

Existing outdoor light fixtures that have adjustable dimmers shall be dimmed to minimize glare and light trespass onto adjacent properties.

3.

Existing outdoor light fixtures that are motion sensor equipped shall be programmed to extinguish not more than ten (10) minutes after activation.

C.

Compliance Period. Notwithstanding the provisions in section B of this section, a property owner shall

comply with the remaining requirements of this chapter in association with any site improvements set forth below:

1.

Construction of a new single-family dwelling.

2.

Construction of a new residential development with two or more dwelling units.

3.

An addition to an existing residential development that within a five-year period adds and/or replaces fifty (50) percent or more to the developments existing habitable square footage that is known and provided on the latest County of Santa Clara Assessor's Office Tax Roll.

4.

Construction of a new non-residential development.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

14.91.080 - Authority and enforcement.

A.

Authority and enforcement of this chapter shall be enforced as prescribed in Title 1 of the Los Altos Municipal Code.

B.

Each violation of this chapter shall be considered a separate offense.

1.

First violation shall result in a written warning.

2.

Second violation shall result in an infraction of one hundred dollars ($100.00).

3.

Third violation shall result in an infraction of two hundred dollars ($200.00).

4.

Fourth violation and subsequent shall result in an infraction of five hundred dollars ($500.00).

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

Nothing in this chapter is intended to or shall be interpreted as conflicting with any federal or state law or regulations.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

14.91.100 - Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion of this chapter is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such a decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, paragraph, sentence, clause, phrase, and portion of this chapter irrespective of the fact that one or more, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional to this end, the provisions of this chapter are declared severable.

(Ord. No. 2025-529, § 1(App. A), 4-22-2025)

Chapter 14.93 - HISTORIC PRESERVATION

The purpose of this chapter is to:

A.

Safeguard the heritage of the city by providing for the protection of historic resources representing significant elements of its history;

B.

Enhance the visual character of the city by encouraging the compatibility of architectural styles which reflect established architectural traditions on individual property and parcels of land;

C.

Encourage public knowledge, understanding and appreciation of the city's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the city's historic resources;

D.

Stabilize and improve property values within the city and increase the economic and financial benefits to the city and its inhabitants derived from the preservation, rehabilitation, and use of historic resources;

E.

Integrate the conservation of historic resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources as possible.

(Ord. No. 2025-538, § 1, 10-14-2025)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

"Alteration" means any act or process that changes any portion of the exterior architectural appearance of a structure or object, including, but not limited to, the erection, construction, reconstruction, removal of exterior architectural features or details, or the addition of new structures, but does not include painting, ordinary maintenance and landscaping.

"California Historical Building Code" applies to all qualified historic structures and sites, designated under federal, state and local authority. It provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as qualified historic buildings.

"California Office of Historic Preservation" means the governmental agency primarily responsible for the statewide administration of the historic preservation program in California.

"California Register of Historical Resources" is a comprehensive listing of California's historical resources, including those of local, state and national significance.

"Character defining features" means the defining elements, such as prominent architectural features, materials, craftsmanship or other elements, that, individually or in combination, identify a historic property, building or landscape.

"Commission staff" means the staff liaison assigned to the historical commission.

"DPR 523" means the California Department of Parks and Recreation Historic Resource Inventory Forms used for historic evaluations. The DPR 523A form provides descriptive information about a resource. The DPR 523B form provides an evaluation of the resources and includes a determination as to whether the resource is eligible for the National or State Register of Historic Places or listing on the Los Altos Historic Resources Inventory.

"Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind, size, shape and texture of building materials, and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement.

"Historic landmark" means a building, improvement, structure, natural feature, site or area of land, under single or common ownership that has significant historical, architectural, cultural, and/or aesthetic interest or value, and is designated as a historic landmark by the city council.

"Historic resource" is a property or structure that has been determined to be over fifty (50) years old, or has been identified as eligible for listing in a local, state, or national historic register per CEQA Guidelines Section 15064.5, retains its physical integrity, has historical, architectural, cultural, and/or aesthetic value, and is listed on the historic resources inventory (HRI).

"Historic resources inventory" (HRI) means the city's official inventory of the historic resources, as adopted and amended from time to time by resolution of the city council. A property or structure must be designated as a historic landmark or a historic resource to be listed.

"Historical commission" is an advisory commission appointed by the city council that is tasked with maintaining the historic resources inventory, making recommendations on historic landmarks, working with property owners on preservation, maintenance and other development activities related to historic resources, and other activities as identified in the municipal code.

"Improvement" means any building, structure, parking facility, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property or any part of such betterment.

"Integrity" is the authenticity of the characteristics, also referred to as character defining features, from which resources derive their significance. Integrity is the composite of seven qualities: location, design, setting, materials, workmanship, feeling and association.

"Mills Act" is an economic incentive program in California for the restoration and preservation of qualified historic structures. The Mills Act grants participating local governments the authority to enter into contracts with owners of qualified historic properties to reduce the property tax assessment in exchange for the restoration and maintenance of the historic resource.

"National Register of Historic Places" is the official inventory of districts, sites, buildings, structures and objects significant in American history, architectural, archeology and culture, maintained by the Secretary of Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966.

"Preservation" means the act of identification, study, protection, reconstruction, restoration, rehabilitation or enhancement of historic and/or cultural resources.

"Reconstruction" means the act or process of reproducing by new construction, the exact form and detail of a vanished building, structure or any part thereof, as it appeared at a specific period.

"Rehabilitation" means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural value.

"Restoration" means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period by means of the removal of later work or by the replacement of missing earlier work.

"Secretary of Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68)" are the Federal Standards for the Treatment of Historic Properties that are utilized in the identification, evaluation, registration and treatment of historic properties. The list of ten (10) Rehabilitation Standards, published as the Secretary of the Interior's Standards, is aimed at retaining and preserving those features and materials that are important in defining the historic character of a resource.

(Ord. No. 2025-538, § 1, 10-14-2025)

14.93.030 - Identification of Historic Resource.

For a property to be placed on the HRI following the adoption of this Chapter, an historic resource survey (DPR 523A) shall be prepared by a qualified consultant in compliance with the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation: Professional Qualifications Standards.

(Ord. No. 2025-538, § 1, 10-14-2025)

14.93.040 - Historic Resource Designation.

A.

Designation Criteria. For the purposes of this chapter, a structure, property or object may be eligible for designation as a historic resource or historic landmark, if it/they satisfy all three criteria listed below:

1.

Age. A structure or property shall be more than fifty (50) years in age.

2.

Determination of Integrity. A structure or property should retain sufficient historic integrity in most of the following areas:

a.

Location. The place where the historic property was constructed or where the historic event occurred. Integrity of location is maintained when the property remains at its original site.

b.

Design: The combination of elements that create the form, plan, space, structure and style of a property.

c.

Materials: The physical elements that were combined or deposited during a particular period and in a particular pattern or configuration.

d.

Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in prehistory or history.

e.

Characteristic: A property's expression of the aesthetic or historic sense of a particular period.

f.

Association: The direct connection between a property and the historic event, activity, or person for which it is significant.

3.

Historic Significance. A structure or property should be clearly associated with one or more of the following areas of significance:

a.

Event: Associated with a single significant event or a pattern of events that have made a significant contribution to broad patterns of local or regional history, or cultural heritage of California or the United States.

b.

Person/People: Associated with the lives of people important to the local or regional, California or national history.

c.

Architecture/Design: Embodies the distinctive characteristics of a design-type, period, region or method of construction, or represents the work of a master or possesses high artistic value.

d.

Archaeology: Yields important information about prehistory or history of the local area, California or the nation.

B.

Initiation for Designation.

1.

Designation of a property proposed for inclusion on the HRI may be initiated by any of the following parties:

a.

Owner(s) of the property proposed for inclusion or authorized representative of the owner(s);

b.

Historical Commission and affirmed by the City Council;

c.

City Council.

2.

If designation is initiated by the owner(s), an application for designation shall be made to the Development Services Department through submittal of the prescribed application form accompanied by a nonrefundable filing fee as specified in the adopted Fee Schedule. The Development Services Department shall establish what supporting documentation shall accompany the application, including, but not limited to, State of California DPR 523 series forms or other HRI forms as may be approved by the State.

3.

At the time of submission of an application for designation, the owner(s) or authorized representative of the owner(s) shall be notified of the proposed designation and given the opportunity to comment; however, owner consent is not required for designation to proceed.

4.

The application shall indicate the parameters of the property proposed for inclusion, specifying any related structures or resources that are to be included for consideration and an evaluation of the property's conformance with the applicable criteria.

5.

If designation is initiated by the historical commission or the city council, the development services department shall notify the owner(s) of the property by certified mail within ninety (90) days of the initiation and request written consent from the owner. The notice shall inform the owner(s) of the proposed designation and provide an opportunity to comment during the public hearing process. Owner consent shall not be required for the designation to proceed.

C.

Approval of Permits When Designation is Pending. Except as provided by this chapter no building permit, demolition permit, or other permit that would result in a major alteration of the property shall be issued for

any property when an HRI designation application has been initiated with the development services department until all hearings on the matter are concluded.

D.

Historical Commission Hearing.

1.

The historical commission shall conduct a hearing on the application for designation at its next regularly scheduled meeting following the application being deemed complete by the development services department.

2.

A staff report, including the supporting documentation concerning the property proposed for inclusion shall be provided to the historical commission. The report shall address the significance and integrity of the property proposed for inclusion as it relates to the designation criteria, provide other relevant information, and include a recommendation concerning the application and the basis therefor.

3.

The historical commission shall consider the evidence provided by a licensed design professional specializing in historic preservation or qualified historic preservation professional who meet the Secretary of Interior's Professional Qualification Standards, as established by the National Park Service. The historical commission shall recommend to the city council approval, modification, or denial of the designation proposal, including the reasons for such recommendation.

E.

City Council Review. Following the recommendation of the historical commission, the city council shall take final action on the request for designation by resolution approving or denying the recommendation.

F.

Notice of Designation.

1.

Following action by the city council, a copy of the findings shall be sent by first class mail to the owner(s) of the newly designated HRI property, and a notice of the designation, along with a legal description of the property, shall be recorded in the records of the county recorder.

a.

Failure to record with the county recorder shall not invalidate a designation or any of the requirements of this chapter.

The city council also shall send notice of the designation to California State Parks, Office of Historic Preservation.

G.

Designation Repeal or Amendment.

1.

Designation may be repealed or amended in the same manner and procedure as was followed to designate the property initially. This action shall result from new information, the discovery of earlier misinformation or change of original circumstances, conditions, or factors that justified the designation.

2.

If a repeal of designation is approved by the city council, a notice shall be sent by first class mail to the owner(s) of the property.

(Ord. No. 2025-538, § 1, 10-14-2025)

14.93.050 - Historic Alteration Permit.

A.

Historic alteration permit(s) are required in order to alter, demolish, remove, relocate or change any exterior architectural features of an HRI listed property, or remove or relocate any improvements, structures that contribute to the integrity or the historic significance of the resource.

B.

For non-residential properties that are on the HRI, non-permanent improvements such as signage, fences/walls, minor accessory structures and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from historical commission review by the zoning administrator.

C.

For residential properties that are on the HRI, improvements such as swimming pools, fences/walls, minor accessory structures and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from historical commission review by the zoning administrator.

D.

Where applicable, applicants shall use the California Historic Building Code (CHBC) to accommodate necessary code compliance in a manner that retains character-defining features and ensures life-safety without compromising historic integrity. Any condition deemed unsafe or warranting removal of historic features shall first be evaluated for compliance under the CHBC prior to initiating demolition or alteration.

(Ord. No. 2025-538, § 1, 10-14-2025)

14.93.060 - Review of Historic Alteration Permit.

A.

For projects that require a historical alteration permit, the historical commission shall complete its review and issue a recommendation at its next available scheduled meeting. The commission shall determine if:

1.

The project complies with all provisions of this chapter; and

2.

The project does not adversely affect the physical integrity or the historic significance of the subject property.

3.

The project is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

B.

The historical commission recommendation on the historical alteration permit, shall be forwarded to the zoning administrator for consideration. The zoning administrator may approve or deny the recommendation of the historical commission based on the applicable provisions of this code.

(Ord. No. 2025-538, § 1, 10-14-2025)

A.

Applications for historical alteration permits shall be submitted to the development services department. Applications shall at minimum include the following information:

1.

A clear statement of the proposed work;

2.

A site plan and boundary survey showing all existing buildings, structures, trees over six inches in diameter, property lines, easements and the proposed work;

3.

Detailed plans showing both the existing and proposed exterior elevations, including a street elevation, photographs of windows and/or special features, materials and grading;

Specifications describing all materials to be used and all processes that would affect the appearance or nature of the materials;

5.

Notes indicating any deviation from the Secretary of the Interior's Standards for Historic Rehabilitation; and

6.

Such other information or documents as may be requested by the zoning administrator.

(Ord. No. 2025-538, § 1, 10-14-2025)

When a project requires multiple discretionary approvals from multiple review authorities, the project shall be reviewed at a joint meeting of the respective review authorities when practical. Procedures for joint meetings shall be as follows:

A.

The historical commission will attend a regularly scheduled or special meeting of the zoning administrator, planning commission, and/or city council.

B.

One public meeting notice, agenda, and meeting minutes shall be prepared for the item being reviewed at the joint meeting.

C.

The historical commission shall conduct its review first and render its recommendation followed by the zoning administrator, planning commission, and/or city council.

(Ord. No. 2025-538, § 1, 10-14-2025)

Any decisions rendered under regulations contained within this chapter are appealable pursuant to Section 14.01.100 of the Los Altos Municipal Code.

(Ord. No. 2025-538, § 1, 10-14-2025)

Any decisions rendered under regulations contained within this chapter are subject to public meeting notice requirements pursuant to Section 14.01.130 of the Los Altos Municipal Code.

(Ord. No. 2025-538, § 1, 10-14-2025)

A.

Nothing in this chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any historic resource or historic landmark that does not involve a change in design, material or the external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any historic resource or historic landmark which has been certified in writing by the city building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition as contained within the California Building Code and/or Property Maintenance Code which cannot be rectified through the use of the California State Historic Building Code.

B.

Ordinary maintenance and repair as described in this section shall be exempt from the requirements of obtaining a historic alteration permit.

(Ord. No. 2025-538, § 1, 10-14-2025)

A.

The owner, occupant or the person in actual charge of a historic resource or a historic landmark shall keep and maintain in good condition and repair all exterior portions of the improvement or structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature.

B.

It shall be the duty of the development services director or their designee to enforce this section.

(Ord. No. 2025-538, § 1, 10-14-2025)

The violation of any provision contained in this chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Title 1, Chapter 1.20 of this code.

(Ord. No. 2025-538, § 1, 10-14-2025)

Chapter 14.95 - MILLS ACT PROGRAM

This chapter is adopted pursuant to California Government Code Sections 50280 through 50290, commonly known as the "Mills Act."

(Ord. No. 2025-539, § 1, 10-14-2025)

State law provides that the city council may contract with the owner of any qualified historical property in a manner which they deem as reasonable to carry out the purposes of the Mills Act. The Mills Act enables the city council, in its discretion, to enter into historic property preservation contracts with the owner(s) of qualified historical properties within the City of Los Altos. The historic property contract allows the owner of a qualified historical property to obtain preferential property tax assessment in exchange for restrictions on the property to help preserve, restore, and maintain the historic property.

(Ord. No. 2025-539, § 1, 10-14-2025)

The following definitions shall apply for the purposes of this chapter:

"Anniversary date" means the date of final execution by all parties of the historic property contract and the same date each subsequent year that the historic property contract is in effect.

"Historic property preservation contract" means a contract between the owner(s) of a qualified historic property and the City of Los Altos, meeting all requirements of State law and this chapter. The "historic property preservation contract" may also be referred to in this chapter as "historic contract."

"Owner" means all persons and entities that have a right, title, or interest in the property which is the subject of the historic property contract. The term "owner" includes agents authorized in writing by the owner to act on owner's behalf. The term "owner" also includes owner's successors-in-interest.

"Qualified historical property" means a privately owned property, inclusive of the qualified historical improvements and any land on which the qualified historical improvements are located, which is not exempt from property taxation and which meets any one of the following criteria:

1.

A property or structure listed individually in the National Register of Historic Places;

2.

A property or structure listed individually in the California Register of Historical Resources;

3.

A property or structure listed individually in the City of Los Altos' adopted Historical Resource Inventory;

(Ord. No. 2025-539, § 1, 10-14-2025)

14.95.040 - Limitations on historic property contracts.

A.

The city council may, in its sole discretion and pursuant to the terms of this chapter, enter into historic contracts with the owners of qualified historical properties that are located within the City of Los Altos.

B.

Only qualified historical properties shall be eligible to enter into historical contracts.

C.

Applications for historic contracts must be received prior to July 1 of any calendar year to be processed during that calendar year. Historic property contracts must be approved, signed, and recorded in the Office of the Recorder of the County of Santa Clara on or before December 31 of a calendar year to be eligible for property tax reassessment for the following fiscal year.

D.

The intent of this chapter is to establish procedures whereby property subject to a historic property contract approved, executed, and recorded pursuant to this chapter will be eligible for property tax valuation as an enforceable restricted historical property pursuant to state law (Sections 439 through 439.4 of the California Revenue and Taxation Code, as may be periodically amended). In the event that only a portion of a property or structure is the subject of a historic contract, only that portion of the property or structure covered by the historic property contract shall be considered for preferential property tax assessment treatment under state law. The rest of the property or structure shall be subject to standard property tax assessment, and the total assessed value shall be a combination of the two methods as determined by the county assessor. This section shall not be construed to circumvent or diminish any requirements of the Subdivision Map Act.

E.

Properties with recorded historic contracts must comply with all applicable City of Los Altos rules, regulations, policies, permit requirements, and associated fees, including those needed to carry out the provisions of the historic contract. Entry into a historic contract does not relieve the property which is the subject of the contract from compliance with any and all applicable federal and state laws and local regulations.

F.

Applications for historic contracts on properties on which a notice of violation has been recorded will not be accepted under this chapter until the violation has been cleared.

(Ord. No. 2025-539, § 1, 10-14-2025)

14.95.050 - Required provisions of historic property contracts.

A.

The historic contract shall be in a form acceptable to city attorney and the city manager or their designee and shall be retained in the records of the City of Los Altos, City Clerk's Office. The development services department may develop and maintain a historic contract template.

B.

Each historic property contract shall at a minimum include, without limitation, the following terms, conditions, restrictions, and requirements:

The contract shall contain a legal description of the property which is the subject of the contract.

2.

The contract shall have a minimum term of ten (10) years. Each year, on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless the owner or the City of Los Altos has given timely written notice of nonrenewal.

3.

The contract shall run with the land and be binding upon, and inure to the benefit of, all successors in interest of the owner(s). A successor in interest shall have the same rights and obligations under the contract as the original owner(s) who entered into the contract.

4.

The contract shall include a written ten (10) year maintenance/rehabilitation work program to confirm a commitment to restore, rehabilitate, and/or preserve the subject property in conformance with all of the following as applicable:

a.

The rules and regulations of the Office of Historic Preservation of the California State Parks Department;

b.

The United States Secretary of the Interior's Standards for the Treatment of Historic Properties;

c.

The California Building Standards Code (Title 24 of the California Code of Regulations), including the California Historical Building Code (Part 8 of Title 24) where applicable; and

d.

The requirements, provisions, and conditions set forth in the historic property contract.

5.

The contract shall provide for an inspection of the interior and exterior of the premises as required by Government Code Section 50281 and 50282 by the City of Los Altos five years after entry into the contract and every five years thereafter to determine the owner's continued compliance with the contract. Photographs of the interior and exterior shall not substitute the requirement for an onsite inspection of the property by city staff.

a.

Interior and exterior inspection(s) of a property will review the integrity of the property to ensure the continued maintenance and rehabilitation of the property in compliance with the contract.

6.

The contract shall provide that the City of Los Altos may cancel the contract, subject to the terms of this chapter, if the city determines that any of the following have occurred:

a.

The owner has breached any of the conditions of the contract including any agreed upon improvements to the property; or

b.

The owner has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property.

7.

The contract shall provide that the owner shall furnish the city with any information the city requires in order to enable it to determine the eligibility of the property for contract renewal, including the documentation required for the annual review for compliance with the historic property contract's work program.

8.

The contract shall contain a clause in a form acceptable to city attorney that requires the owner to defend, indemnify, and hold harmless the city, its agents, officers, and employees from any claim, action or proceeding against the city or its agents, officers, and employees arising in connection with the historic property contract.

C.

At the time rehabilitation or restoration of the subject property is achieved and so long as the contract is in effect, the owner shall commit to and be responsible for appropriate maintenance and preservation of the subject property in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

(Ord. No. 2025-539, § 1, 10-14-2025)

A.

Only qualified historical properties, as defined by this chapter, are eligible for historic contracts under this chapter. The owner of a qualified historical property may file an application to enter into a historic contract. Only the owner(s) or agent of the owner(s) may file the application. If the application is made by an agent of the owner(s), the agent must provide written documentation as part of the application of the owner's authorization of the agent to act on the owner's behalf.

B.

All applications for historic property contracts shall be filed with the development services department on the form and in the manner prescribed by the zoning administrator. The application shall contain, without limitation, the following information and documentation:

1.

The name and address of the owner(s) and signature of the applicant and the names and addresses of all persons and entities having any right, title, or interest in the property which is the subject of the proposed historic property contract;

2.

Written consent to make the application from all persons and entities having a right, title, or interest in the real property which is the subject of the proposed historic property contract;

3.

A nonrefundable application fee as set by resolution of the city council;

4.

A legal description of the real property and a listing of the assessor's parcel number(s) for the property;

5.

Color photos of the property and each elevation of the subject structure(s);

6.

Site plans drawn to scale (the number of site plans required shall be as determined by the zoning administrator based on the specific property characteristics);

7.

An itemized ten-year maintenance/rehabilitation work program containing, at a minimum, the following information:

a.

A description of the improvements to be done. The proposed improvements must be appropriate to restore, preserve, and/or maintain the historic structure in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

b.

Schedule of improvements;

c.

Verifiable cost estimates associated with the proposed improvements to be verified by city staff;

d.

Preliminary plans, elevations, or any appropriate documentation needed to substantiate and illustrate proposed improvements.

8.

Proof that the property is a "qualified historical property." Such proof shall be in the form of the property already listed on the city's adopted HRI, or as part of a dual application for historical designation of the property with the City of Los Altos, or on the State of California or National Register of Historic Places.

9.

A property tax adjustment worksheet, on a form acceptable to the zoning administrator providing the owner's calculated estimate of the property tax reassessment that would result from the contract. The property tax adjustment worksheet should be completed in consultation with the County of Santa Clara Assessor's Office.

a.

If the property owner(s) are unable to obtain confirmation or data from the county assessor's office after documented reasonable attempts, the worksheet may be submitted based on publicly available information and clearly state assumptions.

10.

A copy of the most recent real property tax bill for the property.

a.

In the event that the property has recently transacted or transferred ownership the application shall be accompanied by supplemental documentation which reflects the anticipated real property tax bill for the property.

11.

An appraisal of the fair market value of the property (land plus improvement value), prepared by an independent certified appraiser no more than one (1) year prior to the application for the contract and as determined prior to the improvements proposed in the application for the contract.

12.

Such other information as the zoning administrator may request to evaluate and process the application.

C.

A separate application shall be filed for each property on which a historic property contract is requested.

D.

The owner shall allow for an inspection of the interior and exterior of the premises by the City of Los Altos Development Services Department staff prior to entry into the contract. Inspection shall verify exiting conditions of the property and cannot be substituted by photographs.

(Ord. No. 2025-539, § 1, 10-14-2025)

The applicant for a historic property contract shall pay such application fees as have been adopted by resolution of the city council. The fees include an initial fee for processing the application, and any deposit to pay the full cost recovery of any city consultants such as an independent historian, and/or environmental review as applicable. Any fees required shall be paid upon submittal of application.

(Ord. No. 2025-539, § 1, 10-14-2025)

A.

To be eligible for a historic property contract, the application must meet all of the following criteria:

1.

The property that is the subject of the application is a qualified historical property as defined by this chapter.

2.

The application is consistent with the city's historic preservation goals and policies, as set forth in any adopted policies and ordinances.

3.

The application is consistent with the applicable Secretary of the Interior's Standards for the Treatment of Historic Properties, the rules and regulations of the Office of Historic Preservation of the California State Parks Department, and the California Historical Building Code.

4.

The application is consistent with the requirements of this chapter.

(Ord. No. 2025-539, § 1, 10-14-2025)

A.

The zoning administrator shall review the applications for completeness and accuracy and may require such additional information from the applicant as is needed to make the application complete. Only applications filed on or before July 1 of a calendar year shall be eligible for consideration for a historic property contract for the subsequent fiscal year.

B.

All applications deemed complete by the zoning administrator shall be referred to the historical commission for recommendation to the city council on eligibility of the property for a historic property contract.

C.

The historical commission shall make a recommendation on the eligibility of the property for a historic property contract for consideration by the city council.

D.

If the historical commission finds that the application meets the criteria for eligibility for a historic property contract, the historical commission shall recommend approval to the city council. If the historical commission finds that the application does not meet the criteria for eligibility, the historical commission shall recommend to the city council that the application be denied for a historic property contract.

E.

The historic property contract shall be consistent with the requirements of this chapter and state law and in a form acceptable to the city attorney. The contract shall be approved as to form by city attorney prior to submission of the contract to the city council for its consideration.

F.

Final action on the contract shall be considered by the city council at a noticed public hearing. The City of Los Altos shall not execute any contract until authorized by the city council and until all persons and entities having any right, title, or interest in the property which is the subject of the contract have signed the contract or provided written authorization for an agent to execute the contract on their behalf and until the owner(s) have submitted to the city the appropriate fee for recordation of the contract.

(Ord. No. 2025-539, § 1, 10-14-2025)

No later than twenty (20) calendar days after execution by all parties of the historic property contract, the city clerk shall cause a copy of the executed historic property contract to be recorded in the Office of the Recorder of the County of Santa Clara accompanied by the fee paid by owner for recordation of the contract.

(Ord. No. 2025-539, § 1, 10-14-2025)

14.95.110 - Review of approved historic property contracts.

A.

The owner shall allow for inspection of the interior and exterior of the premises by the City of Los Altos Development Services Department staff after five years from entry into the contract and every five years thereafter to determine the owner's continuing compliance with the historic property contract. Photographs

of the interior and exterior shall not substitute the requirement for an onsite inspection of the property by city staff.

B.

No later than ninety (90) days prior to each five year inspection date, the owner shall submit documentation to the development services department in sufficient detail to demonstrate compliance with the historic property contract's work program, including but not limited to the following documentation:

1.

Color photos of actual work done in conformance with the contract;

2.

Receipts and copies of financial transactions related to work carried out in conformance with the recorded contract;

3.

Copies of building permits, planning entitlements, and/or historic alteration permits for work carried out in conformance with the recorded historic property contract; and

4.

Such other information as may be required by the zoning administrator.

C.

The zoning administrator shall review the documentation to determine compliance with the recorded historic property contract. If documentation is not submitted within the required timeframe or the documentation submitted demonstrates in the determination of the zoning administrator that the owner has breached any of the conditions of the historic property contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property, the zoning administrator shall begin the process for cancellation of the contract pursuant to this chapter.

D.

At least sixty (60) days prior to the tenth anniversary date of the historic property contract, the owner shall submit a report from a qualified historian to the development services department. The report shall describe the work carried out pursuant to the contract and shall recommend any appropriate improvements needed to achieve rehabilitation, restoration, or preservation of the property. Based on the

sixty (60) days prior to the tenth anniversary date of the historic property contract, the owner shall submit a report from a qualified historian to the development services department. The report shall describe the work carried out pursuant to the contract and shall recommend any appropriate improvements needed to achieve rehabilitation, restoration, or preservation of the property. Based on the

recommendations, the City of Los Altos may require an amendment to the contract to update the maintenance/rehabilitation program. If the zoning administrator determines, as part of the tenth year review, that rehabilitation or restoration for the subject property has been achieved, the owner shall commit to and be responsible for appropriate maintenance and preservation of the subject property in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties so long as the contract remains in effect.

(Ord. No. 2025-539, § 1, 10-14-2025)

A.

Each year on the anniversary date of the contract or such other date as is specified in the contract, a year shall be added automatically to the initial term of the contract, unless the owner or the city has given timely written notice of nonrenewal in accordance with the requirements of state law and this chapter. If the owner desires in any year not to renew the contract, the owner shall serve written notice of nonrenewal of the contract to the zoning administrator at least ninety (90) days in advance of the annual renewal date of the contract. If the city council determines in any year not to renew the contract, the City Council or their authorized designee shall serve written notice of nonrenewal of the contract on the owner at least sixty (60) days in advance of the annual renewal date of the contract. The City of Los Altos shall serve a notice of nonrenewal only after the city council has conducted a noticed public hearing to consider the nonrenewal. Unless the notice of nonrenewal is served by the owner(s) or the city in accordance with these requirements, one year shall automatically be added to the term of the contract.

B.

Upon receipt by the owner of a notice from the city for nonrenewal of the contract, the owner may make a written protest of the notice to the city council. Such protest must be in writing and filed with the city clerk within fourteen (14) days after the written notice of nonrenewal was mailed to the owner. If a written notice of protest is timely filed, the city clerk shall schedule the protest for a noticed public hearing before the city council within sixty (60) days of the filing of the protest and notify the owner of the hearing date. The city council may, at any time prior to the renewal date, withdraw the notice of non-renewal. Following the hearing, the city council may withdraw or affirm the notice of non-renewal. If the city council affirms the notice of nonrenewal, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract.

C.

Following the nonrenewal of the contract, the property shall be assessed in accordance with state law (Section 439.3 of the Revenue and Taxation Code, as may be periodically amended).

(Ord. No. 2025-539, § 1, 10-14-2025)

14.95.130 - Amendment of historic property contracts.

A.

A historic property contract may be amended, in whole or in part, in accordance with the provisions of this chapter.

B.

For owner-initiated amendments to a historic property contract, the owner must file an application for an amendment with the development services department on the form and in the manner prescribed by the zoning administrator. The owner shall pay such application fees as have been set by resolution of the city

council. The zoning administrator shall review the amendment application for completeness and adequacy. The zoning administrator may request additional information as necessary to evaluate the amendment.

C.

For City of Los Altos-initiated amendments to a historic property contract, the zoning administrator shall inform existing owner(s) of intended amendments. City-initiated amendments shall be in conformance with the provisions of this chapter and are to ensure the continued preservation of historic resources with historic property contracts.

1.

City-initiated amendments shall be considered during the annual review of historic property contracts in order to ensure each existing contract adheres to the provisions of this Chapter as amended from time to time.

D.

At such time that the zoning administrator has determined the amendment to be complete, the zoning administrator shall refer the amendment to the historical commission for a recommendation to the city council.

E.

Following receipt of the historical commission recommendation and following all applicable environmental review, the city council shall render a decision on the proposed amendment.

F.

No later than twenty (20) calendar days after City of Los Altos execution of the amendment to the historic property contract, the city clerk shall cause a copy of the executed amendment to be recorded in the Office of the Recorder of the County of Santa Clara accompanied by the fee paid by owner for recordation of the contract amendment.

(Ord. No. 2025-539, § 1, 10-14-2025)

14.95.140 - Cancellation of historic property contracts.

A.

The City of Los Altos may cancel a historic property contract, subject to the process described in this section, if the city finds that one of the following conditions has occurred:

1.

The owner has breached any of the conditions of the historic property contract; or

2.

The owner has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property.

B.

The following process shall be followed for cancellation of a historic property contract:

1.

If the zoning administrator determines at any time that the owner has breached any of the conditions of the historic property contract or has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property, the zoning administrator shall notify the owner in writing describing the deficiencies. If the owner has not corrected the deficiencies to the satisfaction of the zoning administrator within sixty (60) days of the issuance of the notification, the zoning administrator may refer the cancellation of the contract to the historical commission for a recommendation to the city council on the cancellation.

2.

The historical commission shall, at a noticed public hearing, evaluate the evidence in the record and provide a written recommendation to the city council as to whether one of the conditions for cancellation has occurred.

3.

Following receipt of the historical commission recommendation, the city council shall, at a noticed public hearing, consider whether to cancel the contract. No contract shall be cancelled until after the city council has given notice of and has held a public hearing on the cancellation.

C.

To cancel the contract, the city council must make a finding, based on substantial evidence that one of the following conditions has occurred:

1.

The owner has breached a condition of the historic property contract; or

2.

The owner has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property.

D.

If a historic property contract is cancelled under this section, the owner shall, in accordance with Government Code Sections 50284 and 50286, pay a cancellation fee equal to twelve and one-half (12½) percent of the property's current fair market value, as determined by the county assessor as though the property were free of the contractual restriction.

(Ord. No. 2025-539, § 1, 10-14-2025)

14.95.150 - Notice of hearing.

Any decisions rendered under regulations contained within this chapter are subject to public meeting notice requirements pursuant to Section 14.01.130 of the Los Altos Municipal Code.

(Ord. No. 2025-539, § 1, 10-14-2025)