§ 29.60 — Los Gatos Zoning Code

Sec. 29.60.320. - Permitted uses. ¶

(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:

(1)	Front or side abutting street .....	Front or side abutting street .....	10 feet
	The deciding body may allow a reduction in the setback if it makes all of the following fndings:
	a.	The setback provides for adequate pedestrian circulation;
	b.	The setback is compatible with the adjacent buildings and complements the buildings in the immediate vicinity; and
	c.	The setback provides adequate clear sight vision for vehicular trafc.
(2)	Side .....		None required

(3)	Rear .....	Rear .....	None required
(4)	The following minimum yard requirements apply along those property lines of a lot in the C-2 zone which abut or are across the street from a lot in a residential zone:
	a.	Front .....	15 feet
	b.	Side abutting street .....	15 feet
	c.	Side or rear .....	20 feet
	Plus one (1) foot for each foot of building height over twenty (20) feet. A six-foot high masonry wall is required along the property line.

(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:

(1)	Front .....	15 feet
(2)	Side .....	None required
(3)	Rear .....	None required
(4)	Side abutting street .....	15 feet

(5)

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

Front .....25 feet

b.

Side .....15 feet

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)