Los Gatos Municipal Code Div. 3 Approvals

This division lists the types of discretionary approvals required for compliance with this chapter.

(Ord. No. 1316, § 5.20.010, 6-7-76)

(a) Achievement of the following goals is important in order to maintain the economic welfare and stability of the Town and to preserve the health, safety and welfare of its citizens:

(1) Quality design and proper siting of residential and commercial structures, complementing the Town environment; and

(2) The preservation of open spaces in the form of recreational areas, malls, plazas and pedestrian areas.

(b) The Town contains small businesses, professional offices and residences. Municipal revenues derive principally from property tax and taxes derived from retail trade. Local employment depends to an unusual extent on the success of small business ventures, which in turn depend on trade in specialty items sold to visitors. Much of the business and residential area of the Town is composed of a mixture of old and new buildings, and the condition and style of each reflects on the other. For example, a new building loses value and its occupant's trade is diminished if an old building nearby is permitted to decay, and old buildings are permitted to decay when the designs of new buildings nearby do not compliment them. The juxtaposition of old and new buildings in the Town is extensive.

(c) Many of the residential areas in the Town are unusual in that they are located on steep hills where there are geologic hazards, fire hazards and narrow streets, all of which necessitate special control over construction activity.

(d) The purpose of architecture and site approval is to regulate the height, width, shape, proportion, siting, exterior construction and design of buildings to insure that they are architecturally compatible with their surroundings, and to avoid (in the commercial context) the construction of single-purpose or single-proprietor "trademark" buildings which, when vacated by the original occupant tend to remain empty, causing blight, and to promote a unified but diverse and distinctive theme which harmonizes with adjacent commercial and residential development.

(Ord. No. 1316, § 5.20.020, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1363, 8-1-77; Ord. No. 2149, § I, 5-1-06)

Architecture and site approval is required in all zones for the following:

(1) New construction of any principal building;

(2) An exterior alteration that changes the architectural style of a single-family and two-family residence.

(3) Any exterior alteration or addition to a building excluding:

a. Alterations or additions to a single and two family dwelling that do not require approval by the Planning Commission or Development Review Committee pursuant to the Residential Design Guidelines or the Hillside Development Standards and Guidelines;

b. Minor exterior alterations to commercial and multifamily buildings.

(4) Intensification of land use. For the purposes of this section only, intensification of land use means all changes in use which require more parking and/or results in an increase in peak hour trips for mixed use, multi tenant commercial, industrial or multifamily development projects if the trips exceed the traffic generation factor assigned to the project at the time of approval and/or an increase of five (5) or more peak hour trips;

(5) Residence conversions;

(6) Any development in a floodplain as required by article IX of this chapter;

and as otherwise specified in this article.

(Ord. No. 1316, § 5.20.030, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1493, 3-17-81; Ord. No. 1521, 11-2-81; Ord. No. 1680, 3-17-86; Ord. No. 1736, 10-19-87; Ord. No. 1763, § III, 10-3-88; Ord. No. 1815, § III, 3-19-90; Ord. No. 1832, § I, 7-16-90; Ord. No. 2149, § I, 5-1-06)

The deciding body shall consider all relevant matter including, but not limited to, the following:

(1) Considerations relating to traffic safety and traffic congestion. The effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways; the adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimension of truck loading and unloading facilities; the circulation pattern within the boundaries of the development, and the surfacing, lighting and handicapped accessibility of off-street parking facilities.

a. Any project or development that will add traffic to roadways and critical intersections shall be analyzed, and a determination made on the following matters:

1. The ability of critical roadways and major intersections to accommodate existing traffic;

2. Increased traffic estimated for approved developments not yet occupied; and

3. Regional traffic growth and traffic anticipated for the proposed project one (1) year after occupancy.

b. The deciding body shall review the application for traffic roadway/intersection capacity and make one (1) of the following determinations:

1. The project will not impact any roadways and/or intersections causing the roadways and/or intersections to exceed their available capacities.

2. The project will impact a roadway(s) and/or intersection(s) causing the roadway(s) and/or intersection(s) to exceed their available capacities.

Any project receiving Town determination subsection (1)b.1. may proceed. Any project receiving Town determination subsection (1)b.2. must be modified or denied if the deciding body determines that the impact is unacceptable. In determining the acceptability of a traffic impact, the deciding body shall consider if the project's benefits to the community override the traffic impacts as determined by specific sections from the general plan and any applicable specific plan.

(2) Considerations relating to outdoor advertising. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. Specialized lighting and sign systems may be used to distinguish special areas or neighborhoods such as the downtown area and Los Gatos Boulevard.

(3) Considerations relating to landscaping. The location, height, and materials of walls, fences, hedges and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations, parking lots or unsightly development; the planting of ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction of existing healthy trees. Emphasize the use of planter boxes with seasonal flowers to add color and atmosphere to the central business district. Trees and plants shall be approved by the Director of Parks, Forestry and Maintenance Services for the purpose of meeting special criteria, including climatic conditions, maintenance, year-round versus seasonal color change (blossom, summer foliage, autumn color), special branching effects and other considerations.

(4) Considerations relating to site layout. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site and the neighborhood; and the appearance of the buildings with adjacent development. Buildings shall strengthen the form of the neighborhood (e.g. downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation of solar access. In the downtown, mid-block pedestrian arcades linking Santa Cruz Avenue with existing and new parking facilities shall be encouraged, and shall include such crime prevention elements as good sight lines and lighting systems.

(5) Considerations relating to drainage. The effect of the site development plan on the adequacy of storm and surface water drainage.

(6) Considerations relating to the exterior architectural design of buildings and structures. The effect of the height, width, shape, and exterior construction and design of buildings and structures as such factors relate to the existing and future neighborhood and purposes of the zone in which they are situated, and the purposes of architecture and site approval. Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings, and other details.

(7) Considerations relating to lighting and street furniture. Streets, walkways, and building lighting should be designed so as to strengthen and reinforce the image of the Town. Street furniture and equipment, such as lamp standards, traffic signals, fire hydrants, street signs, telephones, mail boxes, refuse receptacles, bus shelters, drinking fountains, planters, kiosks, flag poles and other elements of the street environment should be designated and selected so as to strengthen and reinforce the Town image.

(8) Considerations relating to access for physically disabled persons. The adequacy of the site development plan for providing accessibility and adaptability for physically disabled persons. Any improvements to a nonresidential building where the total valuation of alterations, structural repairs or additions exceeds a threshold value established by resolution of the Town Council, shall require the building to be modified to meet the accessibility requirements of title 24 of the California Administrative Code adaptability and accessibility. In addition to retail, personal services and health care services are not allowable uses on nonaccessible floors in new nonresidential buildings. Any change of use to retail, health care, or personal service on a nonaccessible floor in a nonresidential building shall require that floor to be accessible to physically disabled persons pursuant to the accessibility requirements of title 24 of the California Administrative Code and shall not qualify the building for unreasonable hardship exemption from meeting any of those requirements. This provision does not effect lawful uses in existence prior to the enactment of this chapter. All new residential developments shall comply with the Town's adaptability and accessibility requirements for physically disabled persons established by resolution.

(9) Considerations relating to the location of a hazardous waste management facility. A hazardous waste facility shall not be located closer than five hundred (500) feet to any residentially zoned or used property or any property then being used as a public or private school primarily educating persons under the age of eighteen (18). An application for such a facility will require an environmental impact report, which may be focused through the initial study process.

(Ord. No. 1316, § 5.20.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1546, 8-16-82; Ord. No. 1640, 3-4-85; Ord. No. 1745, 3-7-88; Ord. No. 1832, § II, 7-16-90; Ord. No. 1853, § I, 5-20-91; Ord. No. 2006, § II, 11-6-95; Ord. No. 2370, §§ IV, V, 2-4-25)

(a) The deciding body shall review the application for residential conversion and make the following determinations:

(1) It is evident that amenities such as adequate light, air, privacy, open space, peace and quiet necessary for a suitable living environment are not provided;

(2) The proposed conversion would satisfy all housing goals and policies as set forth in the general plan; and

(3) Increased traffic can be accommodated by streets serving the development either in their existing configuration or in a configuration which is part of the development plan for this application; and that the development will not overburden existing streets or impact residential neighborhoods.

Any project not receiving Town determination as set forth in subsections (1), (2) and (3) above shall not be approved.

(b) In addition to making the determination as set forth in subsections (1), (2) and (3) of subsection (a) above, the deciding body shall also make one (1) of the following determinations:

(1) The structure(s) is not currently nor has the structure(s) been used for residential purposes for the past five (5) years.

(2) The structure(s) has serious defects which could result in health or safety hazards to residents, and there is no evidence of neglect on the part of the property owner or their predecessors.

(3) There is no other vacant space suitable for the proposed use located within the Town.

Any project not receiving Town determination as set forth in one (1) of the subsections (1) through (3) above shall not be approved.

(c) In reviewing applications for the conversion of residential structures to nonresidential uses, the deciding body shall consider, in addition to the factors listed in section 29.20.150, the following:

(1) Whether the building will be either rehabilitated in a manner consistent with its original character, or modified to be architecturally compatible and consistent with other legal structures in the immediate vicinity; and

(2) Whether there will be appropriate use of existing plants and sufficient addition of new landscaping.

(Ord. No. 1316, § 5.20.050, 6-7-76; Ord. No. 1680, 3-17-86)

(a) To protect the general health and welfare of all citizens, the deciding body may enforce reasonable requirements more stringent than the minimum zone requirements, when necessary or appropriate to insure a development compatible to and harmonious with, the particular neighborhood and the established uses therein.

(b) In granting architecture and site approval, time extension or modifications thereof, the deciding body may include such conditions as are reasonable and necessary under the circumstances to carry out the intent of this chapter. Such conditions, without limiting the discretion and authority of the deciding body in this regard, may include site planning conditions, architectural conditions, landscape conditions, street dedication, street and drainage improvements, off-street parking conditions and outdoor advertising conditions.

(Ord. No. 1316, § 5.20.060, 6-7-76; Ord. No. 1377, 12-5-77; Ord. No. 1680, 3-17-86)

Variances from the provisions of this chapter may be granted upon a finding of fact that, owing to special conditions, enforcement of the provisions of this chapter would result in undue hardship.

(Ord. No. 1316, § 5.20.100, 6-7-76)

The deciding body, on the basis of the evidence submitted at the hearing, may grant a variance if it finds that:

(1) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zone; and

(2) The granting of a variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(Ord. No. 1316, § 5.20.110, 6-7-76; Ord. No. 1375, 11-21-77)

In approving a variance, a time extension or modification thereof, the deciding body may include such conditions as are reasonable and necessary under the circumstances, to preserve the integrity and character of the zone and to secure the general purposes of this chapter and the general plan. Such conditions, without limiting the discretion and authority of the deciding body, may include time limitations, architecture and site approval, street dedication, and street and drainage improvements.

(Ord. No. 1316, § 5.20.120, 6-7-76; Ord. No. 1375, 11-21-77)

The adoption of this chapter is based on the premise that there are uses which can be specified for each zone which, in practically all instances, will be mutually compatible. In addition, there are other uses which might be compatible with ordinarily allowed uses if properly located and regulated. These are called conditional uses. They are listed in section 29.20.185. However, the listing of a conditional use does not indicate that the use must be allowed. There will be locations or instances where a specified conditional use is inappropriate in a zone regardless of the extent of regulation.

(Ord. No. 1316, § 5.20.200, 6-7-76; Ord. No. 1363, 8-1-77)

An "X" indicates that an activity is allowed in a zone if a conditional use permit is issued. Activities listed in this table are only allowed where a conditional use permit is issued, or where the activity is specifically listed in the permitted uses for the zone.

(Ord. No. 1316, § 5.20.205, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1367, 9-19-77; Ord. No. 1369, 10-3-77; Ord. No. 1375, 11-21-77; Ord. No. 1405, 9-5-78; Ord. No. 1417, 2-20-79; Ord. No. 1476, 9-15-80; Ord. No. 1483, 12-2-80; Ord. No. 1493, 3-17-81; Ord. No. 1506, 7-6-81; Ord. No. 1531, 4-20-82; Ord. No. 1546, 8-16-82; Ord. No. 1555, 10-25-82; Ord. No. 1571, 3-7-83; Ord. No. 1596, 10-24-83; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No. 1701, 12-15-86; Ord. No. 1724, 5-18-87; Ord. No. 1725, 6-1-87; Ord. No. 1729, 6-15-87; Ord. No. 1732, 7-20-87; Ord. No. 1737, § V, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1835, § III, 7-16-90; Ord. No. 1842, § II, 4-1-91; Ord. No. 1896, § I, 4-6-92; Ord. No. 1961, § I, 11-15-93; Ord. No. 1993, § I, 1-3-95; Ord. No. 2006, § IIA, 11-6-95; Ord. No. 2011, § I, 3-4-96; Ord. No. 2107, § II, 11-4-02; Ord. No. 2115, § III, 9-15-03; Ord. No. 2131, § I, 5-3-04; Ord. No. 2132, § II, 5-17-04; Ord. No. 2149, § I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, §I(Exh. A), 10-21-13; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2273, § I, 5-1-18; Ord. No. 2280, § I, 3-19-19; Ord. No. 2304, § II, 2-18-20; Ord. No. 2306, § I, 4-21-20; Ord. No. 2310, § I, 8-4-20; Ord. No. 2342, §§ X, XI, 8-1-23)

(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of this chapter if it finds that:

(1) The proposed uses of the property are essential to the public convenience or welfare;

(2) The proposed uses will not impair the existing uses of the zone;

(3) The proposed uses would not be detrimental to public health, safety or general welfare; and

(4) The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter; and

(5) A hazardous waste facility proposal is subject to the California Health and Safety Code, Article 8.7, Section 25199—25199.14 and shall be consistent with the Santa Clara County Hazardous Waste Management Plan.

(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a formula retail business greater than ten thousand (10,000) square feet if any of the following findings are made:

(1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter;

(2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located;

(3) The proposed use would create an over-concentration of similar types of businesses, or

(4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality.

(c) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a new office building if any of the following findings are made:

(1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter;

(2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located;

(3) The proposed use would create an over-concentration of similar types of businesses; or

(4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality.

(d) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for new retail sales of firearms, ammunition and/or destructive devices if it finds any of the following:

(1) The proposed use is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter;

(2) The proposed use will detract from the existing balance and diversity of businesses in the industrial district in which the use is proposed to be located; and

(3) The proposed use does not comply with the location requirements as contained in section 29.70.100.

(Ord. No. 1316, § 5.20.210, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2006, § III, 11-6-95; Ord. No. 2107, § III, 11-4-02; Ord. No. 2132, § III, 5-17-04; Ord. No. 2149, § I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XII, 8-1-23; Ord. No. 2370, § VI, 2-4-25)

In approving a conditional use permit, time extension or modification thereto, the deciding body may include such conditions as are reasonable and necessary under the circumstances, to preserve the integrity and character of the zone and to secure the general purposes of this chapter and the general plan. Such conditions, without limiting the discretion and authority of the deciding body, may include time limitations, architecture and site approval, street dedication, street and drainage improvements, and additional parking.

(Ord. No. 1316, § 5.20.220, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77)

(a) When reviewing an application for a conditional use permit or modification to a conditional use permit to sell beer or wine for consumption off-premises at a service station pursuant to section 29.20.185, the deciding body shall consider the following factors in addition to those required in section 29.20.190:

(1) The number of locations of retail on-sale and off-sale licneses to sell alcohol located within a reasonable distance, generally one (1) mile, of the proposed location;

(2) The proximity of the location to schools, public parks, playgrounds, youth-oriented facilities, and residential neighborhoods. Generally, beer and wine sales within five hundred (500) feet of school, public park, playground, or youth-oriented uses should not be allowed;

(3) Hours of operation and of alcohol sales;

(4) Past history of businesses on the property; and

(5) History of loitering and police activity in the general neighborhood of location.

(b) When reviewing an application to sell beer and wine for consumption off-premises at a service station, the deciding body shall impose the following conditions and operating standards:

(1) No beer or wine shall be displayed within five (5) feet of the cash register.

(2) No advertisement or display of beer or wine shall be made outside the building in which sales or beer and wine occur.

(3) No sale of beer or wine shall be made from a drive-in window.

(4) No beer or wine for sale shall be refrigerated, and no display or sale of beer or wine shall be made from an ice tub.

(5) No self-illuminated advertising for beer or wine shall be located on buildings or windows.

(6) Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who may sell beer or wine shall be at least twenty-one (21) years of age.

(7) There shall be no on-premises consumption of beer or wine.

(8) The sale of beer and wine shall at all times be incidential to the operation of the building as a service station. Whether the sale of beer or wine is incidential shall be determined by measurement of the space devoted to sales of beer and wine with relation to sales of grocery and convenience items, nad the volume of sales of beer and wine with relation to sales of other grocery and convenience items.

(9) Uniformed security personnel may be required in or around the premises by the Chief of Police if alcohol-related problems recur that are not resolved by the licensed owner.

(10) At the discretion of the Chief of Police, periodic meetings will be conducted with representatives of the Police Department for ongoing employee training on alcoholic beverages sales to the general public.

(11) The operator shall post and maintain a warning regarding driving after consumption of alcoholic beverages in a visible location near the cash register.

(c) For all purposes of this chapter, sale of beer and wine shall be considered an intensification of use.

(d) The deciding body shall make written findings on the application based on substantial evidence in view of the whole record.

(e) If State law imposes more stringent requirements than those imposed pursuant to this section, then those State requirements shall apply.

(Ord. No. 2023, § IV, 11-18-96; Ord. No. 2149, § I, 5-1-06)

(a) When reviewing an application for a conditional use permit or modification to a conditional use permit for retail sales of firearms, ammunition and/or destructive devices pursuant to section 29.20.185, the deciding body shall consider the following factors in addition to those required in section 29.20.190 and section 29.70.100:

(1) Any change in the type of Federal Firearms License, or any other required State license or permit, and change to the validity of the licenses held by the business granted a conditional use permit shall require an application for a modification of the conditional use permit, and shall be subject to all required findings set forth in section 29.20.190.

(2) For existing nonconforming businesses that do not have a conditional use permit, any change in the type of Federal Firearms License type, any change in the State of California Certificate of Eligibility or any other required State license or permit, change to the validity of the licenses held by the business shall require an application for a conditional use permit, and shall be subject to all required findings set forth in section 29.20.190.

(b) When reviewing an application for retail sales of firearms, ammunition and/or destructive devices, the deciding body shall impose the following conditions and operating standards:

(1) No person shall engage in the business of selling, leasing, transferring, advertising or offering or exposing for sale any firearms, ammunition, or destructive devices without first obtaining a permit pursuant to the provisions of sections 14.130.010 through 14.130.075 of the Town Code. For purposes of this chapter, engaging in the business of selling or transferring firearms, ammunition, and /or destructive devices includes the infrequent sale or transfer, offer, exposing for sale, or advertising of firearms, ammunition, and/or destructive devices.

(2) Within one (1) year from occupancy the Town Council shall conduct annual reviews of the conditional use permit for compliance.

(c) Notice of the hearing shall be subject to section 29.20.565 except that notices shall be mailed within five hundred (500) feet of the real property that is the subject of the hearing.

(d) For the purposes of this chapter, any change in the type of Federal Firearms License type or State license of permits shall be considered an intensification of use.

(e) The deciding body shall make written findings on the application based on substantial evidence in view of the whole record.

(f) If State or Federal law imposes more stringent requirements than those imposed pursuant to this section, then those State or Federal requirements shall apply.

(Ord. No. 2220, § I(Exh. A), 10-7-13)

A use authorized by conditional use permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications:

(1) Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips.

(2) Commencement of new activities that could have a material adverse impact on the surrounding area.

(3) Any change that is a substantial departure from plans which were the basis of the conditional use permit approval.

(Ord. No. 1316, § 5.20.230, 6-7-76; Ord. No. 1832, § III, 7-16-90; Ord. No. 1862, § I, 8-19-91; Ord. No. 2143, § I, 4-18-05)