Article V — NONRESIDENTIAL ZONES

Sec. 29.50.010. - Designation.

Nonresidential zones are those other than the zones listed as residential zones in section 29.40.010 and overlay zones are listed in section 29.80.010.

(Ord. No. 1316, § 4.40.005, 6-7-76; Ord. No. 1344, 1-17-77)

Sec. 29.50.015. - Use of dwellings.

In office, commercial and industrial zones (sections 29.60.010 and 29.70.010) no building, or portion of any building, designed, intended to be used for, or which has been used for, dwelling purposes shall be used for any nonresidential use unless architecture and site approval is obtained.

(Ord. No. 1316, § 4.40.010, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1375, 11-21-77; Ord. No. 1680, 3-1786)

Sec. 29.50.020. - Activities to be conducted indoors.

All business, services and processes shall be conducted entirely within completely enclosed buildings, except as provided in sections 29.50.025 and 29.50.030 and except for outdoor activities specifically authorized by a conditional use permit.

(Ord. No. 1316, § 4.40.020, 6-7-76; Ord. No. 1335, 10-4-76; Ord. No. 1363, 8-1-77)

Sec. 29.50.025. - Outdoor display of merchandise.

(a)

Outdoor display of merchandise in nonresidential zones is allowed only:

(1)

During business hours of the business displaying the merchandise;

(2)

Immediately adjacent to the building the business occupies;

(3)

If the merchandise is not in any parking lot; and

(4)

If placement of the merchandise does not obstruct pedestrian movement and allows at least six (6) feet of pedestrian walkway between the display and any other obstruction. The six (6) feet may include adjacent available public right-of-way.

(b)

This section governs the display of merchandise on private property only. Display of merchandise on public property is regulated by other ordinance of the Town.

(Ord. No. 1316, § 4.40.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.50.030. - Reserved.

Editor's note— Ord. No. 1908, § V, adopted July 20, 1992, repealed former 29.50.030, relative to special sales events and outdoor display of merchandise, which derived from Ord. No. 1316, § 4.40.040, adopted June 7, 1976 and Ord. No. 1363, adopted Aug. 1, 1977.

This section applies only to businesses with current, valid Conditional Use Permits for vehicle sales.

(1)

Purpose and findings: The traditional methods for sales promotions for the sale of automobiles has included flags, pennants, balloons, outdoor entertainment, food booths and other carnival types of activities otherwise prohibited by this ordinance. Auto dealers unable to use these promotional devices are at a competitive disadvantage which threatens their ability to operate viable businesses. The Council finds that it is in the public's interest to have financially stable automobile sales and service businesses located within the Town to reduce the length of trips by Town residents desiring these services thereby contributing to high air quality.

(2)

Definitions:

a.

Auto dealer: The owner or operator of a business which has a current, valid conditional use permit allowing the sale of vehicles.

b.

Small promotion: An event sponsored by one (1) or more auto dealers lasting no longer than three (3) days.

c.

Large promotion: An event sponsored by two (2) or more auto dealers lasting no longer than seven (7) days.

(3)

Promotional event permit: The Planning Director may issue permits to auto dealers for promotional events as follows:

a.

For small promotions:

1.

No more than one (1) small promotion shall be permitted on any zoning plot in any calendar month. At least a four-day interval must separate small promotions.

2.

Applications for permit must be filed with the Town three (3) working days in advance of the event.

3.

The permit applicant shall describe and agree to perform a program to assure cleanup of any trash or debris in the vicinity of the event.

4.

The permit may allow a waiver of the provisions of section 29.10.115(1) regarding flags, pennants or balloons provided no helium is used, no metallic ballons are used, and that the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety.

b.

For large promotions:

1.

No more than one (1) large promotion shall be permitted on any zoning plot in any calendar quarter. At least a thirty-day interval shall separate large promotions.

2.

Applications for permit must be filed with the Town a minimum of fourteen (14) calendar days in advance of the event.

3.

The permit applicant shall describe and agree to perform a program to assure cleanup of any trash or debris in the vicinity of the event.

4.

The permit may allow a waiver of the provisions of section 29.10.115(1) regarding flags, pennants or balloons provided that no helium is used, no metallic ballons are used, and the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety.

5.

The permit may allow a waiver of the rules limiting the placement, size and/or height of signs to allow a cold air inflatable device provided that the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety, provide insurance, and indemnify the Town against any liability for the duration of the event in an amount equal to the minimum amount specified by Council policy.

6.

The permit may allow a waiver of section 29.20.185 restricting outdoor entertainment provided that any amplified sound will not exceed the limits specified by the Town's Noise Ordinance.

The permit may allow for the provision of food either by sale or gift provided that the applicant can show by a written document that all food service complies with all health department regulations.

(Ord. No. 1890, § I, 2-18-92; Ord. No. 1922, § I, 11-2-92; Ord. No. 2149, § I, 5-1-06)

Sec. 29.50.035. - Fencing.

Fencing is not permitted in required front yards or required yards abutting a street in any nonresidential zone, except walls or fences not over three (3) feet high may be erected to screen on-site parking spaces from the street.

(Ord. No. 1316, § 4.40.050, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1337, 11-1-76)

Sec. 29.50.040. - Seasonal sale of Christmas trees or pumpkins.

Temporary facilities for the seasonal sale of Christmas trees or pumpkins are permitted in nonresidential zones, provided that a temporary certificate of use and occupancy is obtained from the Planning Director. Temporary facilities for the seasonal sale of Christmas trees or pumpkins shall not be required to meet the development standards of the zone. The Planning Director, upon receipt of an application to establish a temporary facility for the sale of Christmas trees or pumpkins, may issue a temporary certificate of use and occupancy subject to the following conditions:

(1)

The temporary certificate of use and occupancy shall be limited to a maximum of sixty (60) days and shall expire at the expiration of sixty (60) days from its date of issuance.

(2)

All temporary electrical facilities, temporary toilet and plumbing facilities, and temporary shelters or structures shall be approved by the Building Department and the Fire Department.

(3)

All signs and outdoor advertising material shall be subject to the standards of sections 29.10.105 through 29.10.140 and their size and location shall be subject to approval by the Planning Director.

(4)

The area used as a temporary facility for the seasonal sale of Christmas trees or pumpkins shall be left in a clean and orderly manner with all structures, signs, and other material removed prior to the expiration of the maximum sixty-day time limit.

(5)

Adequate off-street parking shall be provided for the temporary facility.

(6)

The proposed temporary facility shall not unreasonably interfere with or be detrimental to the public health, safety, and welfare.

(Ord. No. 1316, § 4.40.060, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1363, 8-1-77)

Sec. 29.50.045. - Outdoor storage.

When a conditional use permit is granted for outdoor storage, the area for storage must be suitably screened from adjoining property by a wall, dense evergreen hedge of trees or other screen planting, or by a solid fence not less than six (6) feet high. Materials shall not be stored in such a manner as to project above the wall, planting or fence. This section shall not apply to any zoning approval issued under division 1 of article VII of this chapter relating to the storage of hazardous materials.

(Ord. No. 1316, § 4.40.070, 6-7-76; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1630, 11-1984)

Sec. 29.50.050. - Recycling collection facilities and vending machines.

Small recycling collection facilities and vending machines may be permitted outdoors subject to the approval of the Planning Director and shall be subject to the following conditions:

(1)

The facilities cannot be located in any manner so as to decrease the number of required on-site parking spaces.

(2)

Vending machines and reverse vending machines are to be located indoors whenever possible and not more than two (2) of these machines are permitted outdoors unless grouped together within a common enclosure.

(3)

A trash receptacle is to be located within five (5) feet of any facility.

(4)

The machines and facilities must be maintained on a scheduled basis so as to ensure their general upkeep and cleanliness.

(5)

If a facility is proposed for a vacant lot, the lot must provide proper traffic circulation consisting of an all weather surface, including one (1) on-site employee parking space, and an adequate drop-off area.

(6)

The facility must be located at least fifty (50) feet from any residence.

(7)

The facility must provide for pedestrian circulation.

(Ord. No. 1316, § 4.40.075, 6-7-76; Ord. No. 1737, § III, 11-2-87)

Sec. 29.50.055. - Projections allowed into yards.

(a)

A porte cochere may be permitted over a driveway in a side yard, provided that it is not more than one (1) story high and twenty-four (24) feet long, with supporting columns a minimum of three (3) feet from the side lot line with a maximum eave length of twelve (12) inches, and is entirely open on at least three (3) sides, except for the necessary supporting columns and customary architectural features.

(b)

Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys or other similar architectural features may extend or project into a required side yard not more than twenty-four (24) inches and may extend or project into a required front or rear yard not more than thirty (30) inches.

(c)

Open, unenclosed stairways, or landing places, not covered by a roof or canopy, may extend or project into a required rear yard not more than four (4) feet.

(Ord. No. 1316, § 4.40.080, 6-7-76; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 2149, § I, 5-106)

Sec. 29.50.060. - Floor area ratio.

(a)

The objective of the floor area ratio (FAR) is to assist in determining whether the mass and scale of the project is compatible with the surrounding neighborhood. The FAR is a nominal limit, not a goal, and shall be used in conjunction with the residential development standards adopted by resolution.

(b)

The FAR applies to those lots developed or proposed to be developed with a single- or two-family dwelling in all nonresidential zones. The following standards shall be used to regulate new construction:

(1)

The allowable FAR for all structures, excluding garages, shall be determined by the formula:

where:

FAR is the floor area ratio.

A is the net lot area in thousands of square feet (for example, 7,500 square feet is written as 7.5).

(2)

The allowable FAR for a garage shall be determined by the formula:

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FAR = .10 - A-5 × .07
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25
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where:

FAR is the floor area ratio.

A is the net lot area in thousands of square feet (for example, 7,500 square feet is written as 7.5).

(3)

Any lot containing less than five thousand (5,000) square feet or more than thirty thousand (30,000) square feet shall be exempt from the floor area ratio limitations.

(c)

The deciding body may allow a FAR in excess of the FAR derived by the formulas in subsections (b)(1) and (2) above if it makes the following findings:

(1)

The design theme, sense of scale, exterior materials and details of the proposed project are consistent with the provisions of:

a.

Any applicable landmark and historic preservation overlay zone;

b.

Any applicable specific plan;

c.

The adopted residential development standards; and

(2)

The lot coverage, setbacks and FAR of the proposed project is compatible with the development on surrounding lots.

(Ord. No. 1316, § 4.40.090, 6-7-76; Ord. No. 1789, § VIII, 5-15-89)

ARTICLE VI. - OFFICE AND COMMERCIAL ZONES DIVISION 1. - GENERALLY

Sec. 29.60.010. - Scope.

Office and commercial zones of the Town are the O, C-1, C-2, and CH zones.

(Ord. No. 1316, § 4.50.010, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1405, 9-5-78)

Secs. 29.60.015—29.60.075. - Reserved. DIVISION 2. - O OR OFFICE ZONE

Sec. 29.60.080. - Intent.

The O or office zone allows all types of office activities and encourages buildings which are compatible with residential development. The O zone serves as a buffer between commercial and residential development with a minimum of traffic generation, particularly at night.

(Ord. No. 1316, § 4.52.010, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.085. - Permitted uses.

Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:

(1)

Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales.

(2)

Retail sales by a pharmacy within a medical building.

(3)

Group classes.

(4)

Personal service businesses.

(Ord. No. 1316, § 4.52.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XIV, 8-1-23)

Sec. 29.60.090. - Conditional uses.

In addition to the activities authorized by section 29.60.085, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.52.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.095. - Lot area.

The minimum lot area in an O or office zone is eight thousand (8,000) square feet.

(Ord. No. 1316, § 4.52.050, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.60.100. - Yards.

Minimum front, side and rear yards in an O or office zone shall be as follows:

(1)

Front .....25 feet

(2)

Side .....10 feet

(3)

Rear .....20 feet

(4)

Side abutting street .....15 feet

(5)

A six-foot high masonry wall is required along any property line abutting a residentially-zoned lot. .....

(Ord. No. 1316, § 4.52.060, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.105. - Height.

The maximum height of any principal building in an O or office zone is thirty-five (35) feet, and of any accessory building is fifteen (15) feet.

(Ord. No. 1316, § 4.52.070, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.60.110. - Lot area coverage.

Maximum building coverage of a lot in an O or office zone, including any type of accessory building, is forty (40) percent.

(Ord. No. 1316, § 4.52.080, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.60.115. - Buildings located in a parking assessment district.

(a)

The floor area ratio for all new buildings or expansion of the gross floor area of an existing building located in a parking assessment district shall not exceed sixty-hundredths.

(b)

In the event a building or buildings which exceed a FAR of sixty-hundredths within the office zone are destroyed involuntarily, reconstruction to the amount of the prior floor area shall be allowed, subject to all other provisions of this chapter.

(Ord. No. 1316, § 4.52.090, 6-7-76; Ord. No. 1724, 5-18-87)

Secs. 29.60.120—29.60.200. - Reserved.

DIVISION 3. - C-1 OR NEIGHBORHOOD COMMERCIAL ZONE

Sec. 29.60.205. - Intent.

The C-1 or neighborhood commercial zone is intended for areas of the Town which are easily accessible and useful for retail, service and administrative activities which are oriented to the day-to-day needs of the residents of the Town.

(Ord. No. 1316, § 4.54.010, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.210. - Permitted uses.

(a)

Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Personal service businesses and service businesses necessary for the conduct of households.

(3)

Office activities.

(4)

Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.

(5)

Activities permitted in the LM zone which were approved on or before February 1, 1993, provided any change of use must be a conforming use in the C-1 zone.

(6)

Group classes.

(7)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.

(Ord. No. 1316, § 4.54.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1930, § I, 2-1-93; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XV, 8-1-23)

Sec. 29.60.215. - Conditional uses.

In addition to the activities authorized by section 29.60.210, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.54.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.220. - Area.

There is no minimum lot area requirement in a C-1 or neighborhood commercial zone.

(Ord. No. 1316, § 4.54.050, 6-7-76)

Sec. 29.60.225. - Yards.

Minimum front, side and rear yards in a C-1 or neighborhood commercial zone shall be as follows:

(5)

The following minimum yard requirements apply along those property lines of a lot in the C-1 zone which abut or are across the street from a lot in a residential zone:

a.

Front .....25 feet

b.

Side abutting street .....15 feet

c.

Side or rear .....20 feet

Plus one (1) foot for each foot of building height over twenty (20) feet. A six-foot high masonry wall is required along the property line.

(Ord. No. 1316, § 4.54.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.230. - Height.

The maximum height of any building in a C-1 or neighborhood commercial zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.54.080, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.60.235. - Lot area coverage.

Maximum building coverage of a lot in a C-1 or neighborhood commercial zone, including any type of accessory building, is fifty (50) percent of the lot area.

(Ord. No. 1316, § 4.54.090, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.60.240. - Buildings located in a parking assessment district.

(a)

The floor area ratio for all new buildings or expansion of the gross floor area of an existing building located on a parking assessment district shall not exceed sixty-hundredths.

(b)

In the event a building or buildings which exceed a FAR of sixty-hundredths within the C-1 zone are destroyed involuntarily, reconstruction to the amount of the prior floor area shall be allowed, subject to all other provisions of this chapter.

(Ord. No. 1316, § 4.54.100, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1724, 5-18-87)

Secs. 29.60.245—29.60.310. - Reserved.

DIVISION 4. - C-2 OR CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE

Sec. 29.60.315. - Intent.

The C-2 or central business district commercial zone is intended to encourage the continuance of a viable and predominantly pedestrian-oriented central business district for the Town and therefore the zone allows a wide variety of retail, service, entertainment and administrative activities which are necessary to serve a large trading area.

(Ord. No. 1316, § 4.56.010, 6-7-76; Ord. No. 1363, 8-1-77)

(a)

Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Reserved.

(3)

Reserved.

(4)

Office activities subject to subsection (c) below.

(5)

Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.

(6)

Wholesaling without warehousing on the premises.

(7)

Single-family and two-family uses, in conjunction with the other uses permitted in this section.

(8)

Personal service businesses.

(9)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.

(c)

Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:

(1)

Lyndon Avenue;

(2)

Properties abutting Wood Road;

(3)

The west side of Victory Lane:

(4)

The south side of Los-Gatos-Saratoga Road excluding:

a.

That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.

b.

The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and

(5)

The east side of South Santa Cruz Avenue directly across the street from Wood Road.

(6)

The north and south side of West Main Street west of Victory Lane.

(7)

Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.

(d)

Notwithstanding subsection (c), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance.

(1)

Office activities existing on June 17, 1991; or

(2)

Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.

(Ord. No. 1316, § 4.56.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1546, 8-16-82; Ord. No. 1729, 6-1587; Ord. No. 1859, § II, 6-17-91; Ord. No. 1899, § I, 5-4-92; Ord. No. 1975, § I, 5-2-94; Ord. No. 2016, § IV, 5-20-96; Ord. No. 2035, § I, 10-20-97; Ord. No. 2132, §§ IV—VI, 5-17-04; Ord. No. 2233, § I(Exh. A), 8-514; Ord. No. 2210, § I, 11-19-12; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XVI, 8-1-23)

Sec. 29.60.325. - Conditional uses.

In addition to the activities authorized by section 29.60.320, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.56.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.330. - Area.

There is no minimum lot area requirement in a C-2 or central business district commercial zone.

(Ord. No. 1316, § 4.56.050, 6-7-76)

Sec. 29.60.335. - Yards.

Minimum front, side and rear yards in a C-2 or central business district commercial zone shall be as follows:

(Ord. No. 1316, § 4.56.060, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77; Ord. No. 1767, § I, 1121-88)

Sec. 29.60.337. - Improvements within yards abutting a street.

(a)

Improvements may be permitted in any required front yard and any required side yard abutting a street in a C-2 or central business district commercial zone if the deciding body makes all of the following findings:

(1)

Pedestrian safety will not be impaired;

(2)

The streetscape would be enhanced as a result of the proposed improvements;

(3)

The improvements are in character with the adjacent buildings; and

(4)

The improvements will not obstruct the clear sight vision of vehicular traffic.

(b)

The provisions of section 29.10.055, which states that any required yard abutting a street must be landscaped, and section 29.50.035, which prohibits fencing in any required yard abutting a street, shall not apply in the C-2 zone.

(Ord. No. 1316, § 4.56.065; Ord. No. 1767, § II, 11-21-88)

Sec. 29.60.340. - Height.

The maximum height of any building in a C-2 or central business district commercial zone is forty-five (45) feet.

(Ord. No. 1316, § 4.56.070, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.60.345. - Maximum floor area ratio.

(a)

The floor area ratio for all new buildings in a C-2 or central business district commercial zone, or expansion of gross floor area of an existing building, shall not exceed sixty-hundredths.

(b)

In the event a building or buildings which exceed a FAR of sixty-hundredths within the C-2 zone are destroyed involuntarily, reconstruction to the amount of the prior floor area shall be allowed, subject to all other provisions of this chapter.

(Ord. No. 1316, § 4.56.080, 6-7-76; Ord. No. 1606, 2-6-84)

Secs. 29.60.350—29.60.410. - Reserved.

DIVISION 5. - CH OR RESTRICTED HIGHWAY COMMERCIAL ZONE

Sec. 29.60.415. - Intent.

The CH or restricted highway commercial zone is intended for development of vehicular-oriented activities and sales along highway frontages, intermingled with compatible retail, service and administrative activities.

(Ord. No. 1316, § 4.60.010, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.420. - Permitted uses.

(a)

Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Personal service businesses and service businesses necessary for the conduct of households.

(3)

Office activities.

(4)

Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.

(5)

Group classes.

(6)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.

(Ord. No. 1316, § 4.60.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XVII, 8-1-23)

Sec. 29.60.425. - Conditional uses.

In addition to the activities authorized by section 29.60.420, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.60.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.430. - Area.

There is no minimum lot area requirement in a CH or restricted highway commercial zone.

(Ord. No. 1316, § 4.60.050, 6-7-76)

Sec. 29.60.435. - Yards.

Minimum front, side and rear yards in a CH or restricted highway commercial zone shall be as follows:

(5)

The following minimum yard requirements apply along those property lines of a lot in the CH zone which abut or are across the street from a lot in a residential zone:

a.

Front .....25 feet

b.

Side .....15 feet

c.

Rear .....20 feet

Plus one (1) foot for each foot of building height over twenty (20) feet. A six-foot high masonry wall is required along the property line.

(Ord. No. 1316, § 4.60.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.60.440. - Height.

The maximum height of any building in a CH or restricted highway commercial zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.60.080, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1952, § II, 8-2-93)

Sec. 29.60.445. - Lot area coverage.

Maximum building coverage of a lot in a CH or restricted highway commercial zone, including any type of accessory building, is fifty (50) percent.

(Ord. No. 1316, § 4.60.090, 6-7-76; Ord. No. 1337, 11-1-76)

ARTICLE VII. - INDUSTRIAL ZONES DIVISION 1. - GENERALLY

Sec. 29.70.010. - Scope.

Industrial zones are the LM or commercial-industrial zone and CM or controlled-manufacturing zone.

(Ord. No. 1316, § 4.70.010, 6-7-76; Ord. No. 1344, 1-17-77)

Sec. 29.70.015. - Zoning approval for storage of hazardous materials.

The Development Review Committee is empowered to issue a zoning approval for the storage of hazardous materials in the CM or LM zone only subject to the following:

(1)

The storage facility shall be required to comply with a Fire Department hazardous materials storage permit.

(2)

The maximum area for the facility shall be subject to review and recommendation by the Fire Chief.

(3)

If the facility is a structure, the building materials and color shall be in harmony with the existing buildings on the site.

(4)

If the facility is not a structure, it shall be screened so as not to be visible from on the site. Screening may be fencing, landscaping or a combination, subject to the discretion of the Development Review Committee. All landscaping shall be subject to a two-year maintenance agreement.

(5)

The facility shall never be located in a required front yard nor in a required side or required rear yard if that yard is adjacent to a street, a residential use or zone, a park or a creek.

(6)

The facility shall not reduce the number of parking spaces below the minimum requirements as stated in this chapter.

(7)

The facility shall be located so as not to involve or endanger other structures or persons.

(8)

The facility shall be located for ease of transfer to work stations so as not to increase potential risk in the handling and transportation of hazardous materials.

(9)

The facility shall be removed when it is no longer needed, or if the hazardous materials storage permit is suspended, revoked or has expired.

(Ord. No. 1316, § 4.70.020, 6-7-76; Ord. No. 1630, 11-19-84)

The use of a hazardous materials storage facility is limited to the storage, decanting and dispensing of hazardous materials. No other storage or manufacturing activities are allowed.

(Ord. No. 1316, § 4.70.030, 6-7-76; Ord. No. 1630, 11-19-84)

The zoning approval for the storage of hazardous materials shall be revoked if the storage area is used for anything other than the storage of hazardous materials under a valid hazardous materials storage permit, as provided by section 29.20.310.

(Ord. No. 1316, § 4.70.040, 6-7-76; Ord. No. 1630, 11-19-84)

Sec. 29.70.030. - Expiration.

The zoning approval expires automatically if the use of the facility for the storage of hazardous materials is abandoned or if a new business entity which involves a change in use occupies the premises.

(Ord. No. 1316, § 4.70.050, 6-7-76; Ord. No. 1630, 11-19-84)

Secs. 29.70.035—29.70.095. - Reserved.

DIVISION 2. - LM OR COMMERCIAL-INDUSTRIAL ZONE

The LM or commercial-industrial zone is intended for small scale light industrial, repair and service-oriented activities that provide services to Town residents in addition to retailing, service and administrative activities.

(Ord. No. 1316, § 4.72.010, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1735, 9-21-87)

Sec. 29.70.100. - Permitted uses.

(a)

Activities allowed in the LM or commercial-industrial zone are those service-oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Personal service businesses.

(3)

Service businesses necessary for the conduct of households or businesses.

(4)

Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone.

(5)

Limited manufacturing.

(6)

Wholesaling and warehousing.

(7)

Group classes.

(8)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper LM activities are plumbing, heating and electrical contracting, equipment repair, laundry and dry-cleaning plants, paint supplies, janitorial services, and towing businesses. Examples of activities which are not proper in the LM zone are large scale light industrial activity, professional or medical offices and general business offices.

(c)

Retail sales of firearms, ammunition and/or destructive devices are subject to the following:

(1)

Retail sales of firearms, ammunition and/or destructive devices may be allowed in the LM zone with a conditional use permit subject to all of the restrictions and requirements set forth in this chapter and sections 14.130.010 through 14.130.075 of the Town Code. However, retail sales of firearms, ammunition and/or destructive devices shall not be permitted within two hundred fifty (250) feet of:

a.

Any premises occupied by a public or private day care center, day care home, nursery school, elementary, junior high, middle, or high school, or any other youth educational institution whether public or private.

b.

Any premises occupied by a government building, place of worship, public park or public trail.

c.

Any premises occupied by a business which is primarily engaged in providing activities or instruction to persons under the age of eighteen (18) not listed in section a. above, existing prior to November 6, 2013.

(2)

All distances referred to in this section shall be measured between the closest points on the exterior property lines or area boundaries of the real property involved, except when the applicant proposes to occupy one (1) unit of a multi-unit structure located on a single parcel, where distances shall be measured from the exterior boundaries of the unit so occupied.

(Ord. No. 1316, § 4.72.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1546, 8-16-82; Ord. No. 1735, 9-2187; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XVIII, 8-1-23)

Sec. 29.70.115. - Conditional use permit.

In addition to the activities authorized by section 29.70.110, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.72.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.120. - Area and width.

The minimum lot area in a LM or commercial-industrial zone is eight thousand (8,000) square feet; and the minimum lot width is fifty (50) feet.

(Ord. No. 1316, § 4.72.050, 6-7-76)

Sec. 29.70.125. - Yards.

Minimum front, side and rear yards in a LM or commercial-industrial zone shall be as follows:

(5)

The following minimum yard requirements apply along those property lines of a lot in the LM zone which abut or are across the street from a lot in a residential zone:

a.

Front .....25 feet

b.

Side abutting street .....15 feet

c.

Side or rear .....20 feet

Plus one (1) foot for each foot of building height over twenty (20) feet. A six-foot high masonry wall is required along the property line.

(Ord. No. 1316, § 4.72.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.130. - Height.

The maximum height of any building in a LM or commercial-industrial zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.72.080, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.70.135. - Lot area coverage.

Maximum building coverage of a lot in a LM or commercial-industrial zone, including any type of accessory building, is fifty (50) percent.

(Ord. No. 1316, § 4.72.090, 6-7-76; Ord. No. 1337, 11-1-76)

Secs. 29.70.140—29.70.210. - Reserved.

DIVISION 3. - CM OR CONTROLLED-MANUFACTURING ZONE

Sec. 29.70.215. - Intent.

The CM or controlled-manufacturing zone provides for light industry compatible with neighboring uses.

(Ord. No. 1316, § 4.74.010, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.220. - Permitted uses.

(a)

Activities allowed in the CM or controlled-manufacturing zone must be those which would not

unreasonably interfere with residential uses in the vicinity or other activities within the CM zone and which are in the following categories:

(1)

Activities involving controlled manufacturing, research and development, wholesaling, warehousing, and other light industrial uses.

(2)

Sales to the ultimate consumer of articles manufactured on the premises to the customer's order.

(3)

Professional and administrative offices.

(4)

Emergency shelters as defined by Health and Safety Code section 50801 and consistent with the following defined operational standards:

a.

Twenty (20) or fewer beds;

b.

Six (6) or fewer administrative staff members or employees;

c.

Operating hours limited from 5:00 p.m. to 9:00 a.m. daily;

d.

Conforming to all applicable building and housing codes, as determined by the Building Official.

(b)

Examples of activities which are not proper in the CM zone are retailing except articles manufactured and sold as provided in subsection (2), personal services, and vehicle sales and service.

(Ord. No. 1316, § 4.74.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1793, § I(4.74.020), 7-17-89; Ord. No. 1952, § V, 8-2-93; Ord. No. 2222, § II(Exh. A), 10-21-13)

Sec. 29.70.225. - Conditional uses.

In addition to the activities authorized by section 29.70.220, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.74.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.230. - Area.

The minimum lot area in a CM or controlled-manufacturing zone is forty thousand (40,000) square feet.

(Ord. No. 1316, § 4.74.050, 6-7-76; Ord. No. 1328, 8-2-76)

Sec. 29.70.235. - Yards.

Minimum front, side and rear yards in a CM or controlled-manufacturing zone shall be as follows:

(4)

A six-foot high masonry wall is required along any property line which abuts a lot in a residential zone.

(Ord. No. 1316, § 4.74.060, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.240. - Height.

The maximum height of any building in a CM or controlled-manufacturing zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.74.070, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.70.245. - Lot area coverage.

Maximum building coverage of a lot in a CM or controlled-manufacturing zone, including any type of accessory building, is fifty (50) percent.

(Ord. No. 1316, § 4.74.080, 6-7-76; Ord. No. 1337, 11-1-76)

ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION DIVISION 1. - GENERALLY

Sec. 29.80.010. - Scope.

Overlay zones are the PD or planned development overlay zone, LHP or landmark and historic preservation overlay zone and PS or public school overlay zones. The zone with which an overlay zone is combined is called the underlying zone.

(Ord. No. 1316, § 4.80.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1452, 12-1779; Ord. No. 1571, 3-7-83)

Secs. 29.80.015—29.80.070. - Reserved. DIVISION 2. - PLANNED DEVELOPMENT OVERLAY ZONE[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 2273, § I, adopted May 1, 2018, repealed the former div. 2 §§ 29.80.075— 29.80.145, and enacted a new div. 2 as set out herein. The former div. 2 pertained to similar subject matter and derived from Ord. No. 1316, §§ 4.82.010—4.82.150, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1363, 8- 1-77; Ord. No. 1500, 5-18-81; Ord. No. 1838, §§ III, IV, 11-5-90; Ord. No. 1942, § I, 5-17-93.

Sec. 29.80.075. - Purpose and intent.

As more specifically provided in section 29.80.080(b), the purpose and intent of the planned development overlay zone (PD) is to preserve, enhance, and/or promote:

(1)

The Town's natural and historic resources;

(2)

The production of affordable housing;

(3)

The maximization of open space; and/or

(4)

A project that provides a public benefit to the citizens of the Town.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.080. - Limitations on use of a planned development.

(a)

The PD overlay is not intended for:

(1)

Uses inconsistent with the general plan;

(2)

Proposed development that is reasonably feasible under the existing Town Code; or

(3)

A deviation of standards applicable to similar types of development.

(b)

An application for a PD shall only be considered by the recommending and deciding bodies if it meets the purpose and intent of this division, and meets one (1) or more of the following criteria:

(1)

A project that provides a public benefit to the citizens of the Town.

(2)

Property that is designated within the Hillside Development Standards and Guidelines Area Map.

(3)

Property that has a historical designation or is within a Landmark Historic Preservation (LHP) Overlay Zone.

(4)

Property with a tree or "stand of trees" that is unique, historical, ecological, or of aesthetic value, as determined according to standards set forth in the Town's Tree Protection Ordinance.

(5)

Property that contains a stream, channel, or creek that supports or has supported riparian vegetation, fish, and/or aquatic life as further defined in the guidelines and standards for land use near streams.

(6)

A property with a geological hazard or within a fault zone.

(7)

A property being considered for affordable housing as defined in the Town's adopted and certified housing element.

(8)

A property being considered for a use or combination of uses not allowed in the Town's existing zoning districts.

(9)

A property being considered for the creative use of the site consistent with the base zoning district.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.085. - Relationship of planned developments to other adopted land use documents.

The planned development overlay shall not be used to deviate from general plan provisions, guidelines adopted by the Town Council, the standards contained in any existing land use regulation, or any other provision of the Town Code otherwise applicable to the property except as otherwise provided in section 29.80.095(4).

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.090. - Requirements.

The PD application shall include text and plans or diagrams that clearly demonstrate and specify all of the following:

(1)

Compliance with all sections of this division.

(2)

Conformity of the PD to the goals, policies, applicable land use designation(s) and standards of the general plan.

(3)

A plan or set of plans that identify characteristics existing on the property which warrant application of the PD overlay zone.

(4)

Proposed distribution, location and extent of the land uses on the site, including open space.

(5)

Proposed standards and criteria by which development will proceed, including standards for conservation, development and utilization of natural and/or historic resources.

(6)

Proposed deviations from the land use regulations and development standards applicable to the underlying zoning district(s).

(7)

Description of the public benefit of the proposal.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.095. - Findings.

The deciding body, on the basis of the totality of the evidence and testimony submitted at the hearing, may adopt a PD if all of the following findings can be made:

(1)

The proposed PD is in compliance with all sections of this division.

(2)

The proposed PD is in conformance with the goals, policies, and applicable land use designation(s) and standards of the Town's general plan.

(3)

The proposed PD is in conformance with all other applicable land use regulations, including but not limited to Town Council adopted guidelines, except as otherwise provided in section 29.80.095(4).

(4)

Any proposed use or development standards that deviate from the underlying zoning district(s) result in innovative and creative site planning to develop:

a.

Housing with a minimum of forty (40) percent of the units affordable to households of very low, low, or moderate income; or

b.

Mixed commercial, or mixed residential, or mixed commercial and residential development; or

c.

A development designed and sited to protect, preserve and enhance conservation and enrichment of hillsides, natural and/or historic resources, ridgelines, a tree or stand of trees, creek and riparian corridors, geologic hazard or fault zone, and open space; or

d.

A project that maximizes open space; or

e.

The proposed PD provides a public benefit to the citizens of the Town.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.100. - Phased development.

Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is selfsufficient and is not dependent on subsequent phases to fulfill infrastructure requirements and/or conditions of approval.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.105. - Dedication prior to issuance of first building permit.

Development rights for required open spaces shall be dedicated in advance of the issuance of any building permits.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.110. - Vested.

Failure to obtain building permits for the approved Planned Development within twenty-four (24) months from the date of approval will automatically void the PD ordinance, unless an extension of time has been granted by the Town Council for good cause shown.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.120. - Amendments to previously approved planned development.

Amendments to a PD approved both prior to and after the adoption of this division may only be considered under this division and its provisions and must meet the requirements set forth herein.

(Ord. No. 2273, § I, 5-1-18)

Secs. 29.80.125—29.80.210. - Reserved.

DIVISION 3. - HISTORIC PRESERVATION AND LHP OR LANDMARK AND HISTORIC PRESERVATION OVERLAY ZONE

It is hereby found that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and desuetude of such structures, sites and areas. The purpose of historic preservation is to promote the health, safety and general welfare of the public through:

(1)

The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, State, or National history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the Town and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived.

(2)

The development and maintenance of appropriate settings and environment for such structures.

(3)

The enhancement of property values, the stabilization of neighborhood and areas of the Town, the increase of economic and financial benefits to the Town and its inhabitants, and the promotion of tourist trade and interest.

(4)

The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past.

(Ord. No. 1316, § 4.86.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.220. - Powers and duties of Planning Commission.

The Planning Commission:

(1)

Shall recommend to the Town Council, after public hearing, concerning designation of landmarks and historic districts, as provided in Section 29.80.245.

(2)

May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and take appropriate measures for recognition.

(3)

Shall hear and determine architecture and site approval applications for demolition a designated landmark sites and principal buildings in historic districts, as provided in sections 29.80.270 through 29.80.290.

(4)

May take steps to encourage or bring about preservation of structures or other features where the Planning Commission has decided to suspend action on a permit application, as provided in Section 29.80.285.

(5)

Shall seek and consider a recommendation from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (1) and (3) above, and shall consult with or request assistance from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (2) and (4) above.

(Ord. No. 1316, § 4.86.020, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1831, § I, 7-16-90; Ord. No. 2041, § IV, 2-2-98; Ord. No. 2355, § V, 4-2-24)

Sec. 29.80.222. - Powers and duties of the Planning Director.

The Planning Director:

(1)

Upon recommendation by the Historic Preservation Committee, determines matters pertaining to historic preservation as provided in Section 29.80.227 that are not assigned to the Planning Commission.

(Ord. No. 2355, § VI, 4-2-24)

Sec. 29.80.225. - Historic Preservation Committee.

(a)

The Historic Preservation Committee acts as an advisory body to the Planning Commission and Planning Director on all matters pertaining to historic preservation. The Historic Preservation Committee shall consist of five (5) members, three (3) public members and two (2) Planning Commissioners. The public members shall be appointed by the Town Council, and the Planning Commission members shall be appointed by the Planning Commission Chair and affirmed by the Town Council.

(b)

The Committee is composed of professional and lay members with demonstrated interest, competence, or knowledge in historic preservation. Committee members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation-related disciplines such as urban planning, American studies, American civilization, cultural geography, or cultural anthropology to the extent that such professionals are available in the community.

(Ord. No. 1316, § 4.86.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84; Ord. No. 1762, § I, 9- 19-88; Ord. No. 1831, § II, 7-16-90; Ord. No. 1856, § I, 6-3-91; Ord. No. 1915, § III, 10-19-92; Ord. No. 2041, § IV, 2-2-98; Ord. No. 2355, § VII, 4-2-24)

Sec. 29.80.227. - Powers and duties of the Historic Preservation Committee.

The Historic Preservation Committee shall:

(1)

Regularly review and make recommendations to the Planning Commission concerning the determination of all matters pertaining to historic preservation which comes before the Planning Commission.

(2)

Review and make recommendations to the Planning Director concerning the determination of a minor residential development permit for properties with a LHP overlay zone or structures which were built prior to 1941.

(3)

Review and make recommendations to the Planning Director concerning minor residential and commercial exterior alterations not covered under the architecture and site approval process or the minor residential development permit, for designated properties with a LHP overlay zone pursuant to subsection 29.20.485.

(4)

Upon request of the Planning Director, review pending or proposed building permits dealing with historic structures when it is questionable that the work proposed meets the guidelines for pre-1941 structures.

(5)

May, on request of the property owner, advise with respect to any proposed work requiring or not requiring a Town permit on any historic structure, a designated landmark site or in a designated historic district. Examples of the work referred to are additions, demolitions, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting fixtures. In advising, the Historic Preservation Committee shall be guided by the purposes and standards specified in this division and other applicable ordinances and/or development standards. This subsection does not impose regulations or controls on any property.

(6)

Review and make recommendations to the Planning Director on requests for removal of a pre-1941 property from the Historic Resources Inventory.

(Ord. No. 1915, § IV, 10-19-92; Ord. No. 2041, § IV, 2-2-98; Ord. No. 2169, § I, 10-20-08; Ord. No. 2355, § VIII, 4-2-24)

Sec. 29.80.230. - Designation by ordinance.

(a)

The Council may by ordinance designate:

(1)

One (1) or more individual structures or other features, or integrated groups of structures and features on one (1) or more lots or sites, having a special character or special historical, architectural or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark; and

(2)

One (1) or more areas containing a number of structures having special character or special historical, architectural or aesthetic interest or value, and constituting distinct sections of the Town, as historic districts.

(b)

Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in addition to those features which would be affected by work described in section 29.80.260 that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district.

(c)

A lot zoned LHP may only be used in the manner provided in the underlying zone, however, the Town Council, on the basis of the evidence submitted at the hearing, may permit an existing use not otherwise permitted in the underlying zone to continue providing the Council makes the following findings:

(1)

The use has been legal and continues to operate in a manner that is not detrimental to other uses in the general vicinity;

(2)

There is no history of complaints about the use;

(3)

Removal of the use to another location would effectively end the significance of the historical designation on the property; and

(4)

The use has been legally and continuously operating for at least fifty (50) years.

The specific use and the findings to support its continuance shall be incorporated in the designating ordinance.

(d)

If the use permitted by subsection (c) above is discontinued for one hundred eighty (180) consecutive days, the use shall not be resumed and the use of the property shall conform with the provisions of the underlying zone. Token use does not toll or interrupt a period of discontinuance.

(e)

The property designated shall be subject to the controls and standards contained in this division. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance:

(1)

For a publicly owned landmark, review of proposed changes in major interior architectural features.

(2)

For a historic district, such further controls and standards as the Council finds necessary or desirable, including but not limited to facade, setback and height controls.

(f)

The Council may amend or rescind a designation only by ordinance, after Planning Commission and Council hearings as required for original designations.

(Ord. No. 1316, § 4.86.050, 6-7-76; Ord. No. 1674, 2-18-86; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.235. - Initiation of designation.

Initiation of designation proceedings shall be by resolution of the Council or Planning Commission. The date of initiation is the date the resolution is adopted.

(Ord. No. 1316, § 4.86.060, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.240. - Procedure.

Except as provided by this division the proceedings for LHP or landmark and historic preservation overlay zone designation are the same as for any other zoning of land.

(Ord. No. 1316, § 4.86.070, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.245. - Hearing by Planning Commission for proposed historic designation.

Notices required by sections 29.20.560 and 29.20.565, shall be mailed.

(1)

Action and time limit. The Planning Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this division and the general plan. The Planning Commission shall determine the matter within one hundred twenty (120) days after the initiation of designation proceedings.

(2)

Notice of action. The Planning Commission shall promptly notify the property owner of action taken. If the Planning Commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval, to the Council.

(Ord. No. 1316, § 4.86.080, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1626, 8-6-84; Ord. No. 2041, § IV, 2-298)

Sec. 29.80.250. - Notice of designation by Council.

When a landmark or historic district has been designated by the Council, the Town Clerk shall promptly notify the owners of the property included therein.

(Ord. No. 1316, § 4.86.100, 6-7-76; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.255. - Conformity required.

Construction, alteration, demolition or removal work for which a Town permit is required is prohibited on a designated landmark site or in a designated historic district unless approval by the deciding body has been granted as provided in sections 29.80.260 through 29.80.300, or unless the work conforms with the provisions of section 29.80.310.

(Ord. No. 1316, § 4.86.110, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.260. - Permit required.

No person shall do any work listed below without first obtaining the required planning approval:

(1)

Exterior alteration to a designated landmark, property in an historic district or pre-1941 structure consisting of any construction, addition, demolition, restoration or rehabilitation.

(2)

Interior alterations that would affect the exterior of a designated landmark, a structure in an historic district or a pre-1941 structure.

(3)

Construction of any type on a landmark site or within a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the site, district or any structure on the site or in the district.

(Ord. No. 1316, § 4.86.120, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.265. - Application for permit.

Prior to issuance of a building permit, a Notice to Contractor form must be signed by the contractor and posted at the job site stating that the property is on the Historic Resources Inventory and no deviations

from the approved plans are allowed without prior review and approval. This information shall be affixed on the approved building plans.

(Ord. No. 1316, § 4.86.130, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2- 2-98; Ord. No. 2083, § I, 5-7-01)

Sec. 29.80.270. - Reserved.

Editor's note— Ord. No. 1914, § I, adopted Oct. 19, 1992, deleted former § 29.80.270, relative to the procedure for architecture and site approval, which derived from Ord. No. 1316, § 4.86.140, adopted June 7, 1976 and Ord. No. 1375, adopted Nov. 21, 1977.

Sec. 29.80.275. - Reserved.

Editor's note— Ord. No. 2083, § II, adopted May 7, 2001, repealed former § 29.80.275 of the Code entitled Notice which derived from Ord. No. 2041, § IV, adopted Feb. 2, 1998.

Sec. 29.80.280. - Decision.

The Planning Commission shall consider any report from the Historic Preservation Committee and shall ascertain whether the proposed work conforms to this chapter and to the provisions of the designating ordinance.

(Ord. No. 1316, § 4.86.160, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-684; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.285. - Suspended action.

To obtain sufficient time for steps necessary to preserve the structure concerned, the Planning Commission may suspend action on an architecture and site approval application to permit construction, alteration, demolition or removal for a period not to exceed one hundred eighty (180) days. The Council may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty (180) days, if the resolution is adopted not more than ninety (90) days and not less than thirty (30) days prior to the expiration of the original one-hundred eighty-day period. During the suspension period, the Planning Commission may consult with the Historic Preservation Committee, the Los Gatos Heritage Preservation Society and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one (1) or more structures or other features, and take any other reasonable measures.

d, the Planning Commission may consult with the Historic Preservation Committee, the Los Gatos Heritage Preservation Society and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one (1) or more structures or other features, and take any other reasonable measures.

(Ord. No. 1316, § 4.86.170, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84)

Sec. 29.80.290. - Standards for review.

In evaluating applications, the deciding body shall consider the architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. Applications shall not be granted unless:

(1)

On landmark sites, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly owned landmark, its major interior architectural features) nor adversely affect the character of historical, architectural or aesthetic interest or value of the landmark and its site.

(2)

In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district.

(3)

For pre-1941 structures, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application.

In any event applications shall not be granted for work which violates standards included in the designating ordinance or pre-1941 design guidelines.

(Ord. No. 1316, § 4.86.180, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1914, § II, 10-19-92; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.295. - Exemptions for reconstruction.

Reconstruction of a designated structure shall be exempt from setback and height requirements if it is rebuilt as originally constructed, except for modifications approved in the permit.

(Ord. No. 1316, § 4.86.185, 6-7-76; Ord. No. 1546, 8-16-82; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.297. - State Historical Building Code.

The California State Historical Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. As required by state law, the SHBC shall be used if the property owner requests its use for historic buildings in the Town's building permit procedure.

(Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.300. - Showing of hardship in cases of proposed alterations, demolitions or construction.

If the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that failure to approve the application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the Planning Commission may approve the application even though it does not meet the standards set forth in either the enabling or designating ordinance.

(Ord. No. 1316, § 4.86.190, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2- 2-98)

Sec. 29.80.305. - Applicability for proposed historic designation.

(a)

No application for a permit to construct, alter, demolish or remove any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the date of initiation of proceedings to designate the landmark site or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty (180) days after initiation of designation proceedings, the permit application may be approved.

(b)

The regulations of this division do not apply to the construction, alteration, demolition or removal of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was validly issued and used before initiation of proceedings for designation of the landmark site or historic district. For the purpose of this subsection, a permit is used if substantial construction work specifically for the purpose for which the permit is issued is lawfully performed after the permit is issued, and in reliance on the permit. (The term "construction" includes grading.)

(Ord. No. 1316, § 4.86.200, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.310. - Unsafe or dangerous conditions.

None of the provisions of this division shall prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal, and where the proposed measures have been declared necessary, by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. If any structure or other feature is damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(Ord. No. 1316, § 4.86.210, 6-7-76; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.315. - Duty to keep in good repair.

The owner, lessee, and any other person in actual charge or possession of a pre-1941 structure, designated landmark or structure in the LHP or landmark and historic preservation overlay zone shall keep all of the exterior portions in good repair as well as all of the interior portions which are subject to control by the terms of the designating ordinance, and all portions whose maintenance is necessary to prevent deterioration or decay of any exterior portion.

(Ord. No. 1316, § 4.86.220, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)

Sec. 29.80.320. - Reserved.

Editor's note— Ord. No. 1981, § I, adopted July 5, 1994, repealed former § 29.80.320, relative to filing fees, which derived from Ord. No. 1610, § I(4.86.230), adopted March 5, 1984 and Ord. No. 1952, § IV,

adopted Aug. 2, 1993.

Secs. 29.80.330—29.80.400. - Reserved. DIVISION 4. - PS OR PUBLIC SCHOOL OVERLAY ZONE

Sec. 29.80.405. - Application.

The provisions of this division apply in the PS (Public School Overlay) zone. Land in any zone, but only land owned by a public school district, may be zoned PS. The rules of the PS zone allow uses that are not necessarily allowed by the rules of the underlying zone. Only land owned by a public school district may be used according to the rules of the PS zone.

(Ord. No. 1316, § 4.88.010, 6-7-76; Ord. No. 1452, 12-17-79)

Sec. 29.80.410. - Intent.

Where practical, the Town wants public school offices, buildings and grounds to remain in public ownership and to be available for present or future public use. The PS or public school overlay zone is intended to allow school buildings to be used, without extensive exterior modifications, in ways which will make it unnecessary to sell schools.

(Ord. No. 1316, § 4.88.020, 6-7-76; Ord. No. 1452, 12-17-79)

Sec. 29.80.415. - Permitted uses.

In addition to activities allowed in the underlying zone the following activities are allowed in buildings in the PS or public school overlay zone. However, no activity shall be conducted in a manner which would unreasonably interfere with nearby residential uses.

(1)

Public building, police, fire, community center.

(2)

Library, art gallery, museum.

(3)

Park, plaza, playground.

(4)

School or college not otherwise specified.

(5)

Nursery school.

(6)

Vocational or trade school.

(7)

Business or professional school or college.

(8)

Art, craft, music, dancing school.

(Ord. No. 1316, § 4.88.030, 6-7-76; Ord. No. 1452, 12-17-79; Ord. No. 1511, 8-3-81)

Sec. 29.80.420. - Uses permitted by conditional use permit.

The following uses are permitted in the PS or public school overlay zone by conditional use permit:

(1)

All uses, not listed in section 29.80.415, specified as allowable with a conditional use permit by regulations of the underlying zone.

(2)

Multiple-family dwellings.

(3)

Activities involving controlled manufacturing, research and development, wholesaling and other light industrial uses.

(4)

Warehousing.

(5)

Offices, business, professional, or executive.

(Ord. No. 1316, § 4.88.040, 6-7-76; Ord. No. 1452, 12-17-79; Ord. No. 1511, 8-3-81)

Sec. 29.80.425. - Other regulations.

All other regulations of the underlying zone and the general provisions applicable to all zones apply to a PS or public school overlay zone.

(Ord. No. 1316, § 4.88.050, 6-7-76; Ord. No. 1452, 12-17-79)

Sec. 29.80.430. - Playgrounds and playing fields.

The extent of the school playground and playing fields to be reserved for public use shall be designated at the time the public school zoning is adopted.

(Ord. No. 1316, § 4.88.060, 6-7-76; Ord. No. 1452, 12-17-79; Ord. No. 1511, 8-3-81)

Secs. 29.80.435—29.80.500. - Reserved. DIVISION 5. - HOUSING ELEMENT OVERLAY ZONE[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 2353, § II, adopted March 5, 2024, repealed the former Div. 5, §§ 29.80.505— 29.80.515, and enacted a new Div. 5 as set out herein. The former Div. 5 pertained to affordable housing overlay zone and derived from Ord. No. 2224, § I, 11-18-13; Ord. No. 2277, II, 8-21-18; Ord. No. 2347, § I, 11-21-23.

Sec. 29.80.505. - Intent.

The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.

(Ord. No. 2353, § II, 3-5-24)

Sec. 29.80.510. - HEOZ and underlying zoning.

(a)

"By right" residential developments on sites with underlying zoning of RM, CH, or NF-SP (Table 1A below). Pursuant to Government Code Section 65583.2, subsections (h) and (i), in the HEOZ, residential developments with at least twenty (20) percent of the units proposed for "low income" households are subject to "by right approval." These developments are subject to the following:

(1)

The developments must be developed within the density ranges specified in Table 1A below and in no event shall any residential development projects be developed below the minimum density of thirty (30) units per acre.

(2)

The developments shall be subject to non-discretionary design review based on objective development standards in accordance with the procedures specified in Article II, "Administration and Enforcement," of Chapter 29, "Zoning Regulations," of the Town Code.

(3)

No California Environmental Quality Act review shall be required.

(4)

Any subdivision of sites in the HEOZ shall be subject to all laws, including, but not limited to, Chapter 24, "Subdivision Regulations," and sections 29.10.067—29.10-087 of the Town Code implementing the Subdivision Map Act.

(5)

Residential units shall occupy at least fifty (50) percent of the floor area in all mixed-use projects.

(6)

For residential developments and mixed-use projects, the standards set forth in Table 1A shall apply.

Table 1A HEOZ Development Standards for "By Right" Residential Development

(b)

For all other residential developments other than those described in subsection (a), the standards set forth in Table 1B below shall apply.

Table 1B HEOZ Development Standards for Other Residential Development

(c)

The underlying zoning development standards will remain in effect for all other development without a residential component.

(d)

Regardless of the underlying zoning designation, no residential use may be developed that does not meet the applicable HEOZ development standards.

(e)

Where standards are not specified, the development standards provided in the underlying zoning district shall apply.

(Ord. No. 2353, § II, 3-5-24)