This chapter contains the zoning regulations of the Town of Los Gatos.

(Ord. No. 1316, § 1.00.010, 6-7-76)

(a)

Generally. The zoning map of the Town is a part of this chapter, as is each amendment or revision of the zoning map hereafter adopted by ordinance.

(b)

Use. The zoning map of the Town shows zone boundaries. All other features of such maps are illustrative and are shown for the purpose of assisting in determining the location of zone boundaries. Correction in the zoning map may be made by the Planning Director so that the map will show features such as streets, buildings, territorial limits of public agencies and lot lines correctly, but changes in zone boundaries are made only by ordinance.

(Ord. No. 1316, §§ 1.00.020, 1.00.025, 6-7-76; Ord. No. 1328, 8-2-76)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:

Accessory building or structure means a subordinate building or structure on the same lot or building site, the use of which is incidental to that of the main structure or building and which is used exclusively by the occupants or owners of the main structure or building.

Accessway means a portion of a parcel of land which, because of its size and shape and its relationship to the street and balance of the property, is suitable only for pedestrian or vehicular access to the balance of the property.

Adjacent means nearby or close to, but not necessarily abutting.

Agriculture means the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, dairying or animal husbandry, including all uses customarily incidental thereto, but not including slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

Airport means any area of land, water, building or structure used for the landing and taking off of aircraft such as, but not limited to, propeller, rocket, jet-driven aircraft and helicopters.

Alter means to change, modify, or add to in construction, or to change in size, shape, character, occupancy, or use, a building or structure.

Animal husbandry means the raising of horses and cattle. Animal husbandry shall not include hog farming or dairying.

Apartment, see Dwelling, multiple.

Arterial means any highway, street or road so designated in the general plan.

Attic means a non-habitable space (that may or may not be used for storage) with a maximum height of seven (7) feet six (6) inches as measured from the upper surface of the attic floor to the underside of the roof above. For the purposes of this definition, unfinished attic spaces are considered to have floor surfaces. Once an attic space exceeds seven (7) feet six (6) inches in height, all areas down to five (5) feet will be counted toward the floor area ratio.

Automobile wrecking, see Junkyard.

Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: cash deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code section 1789.31 as amended from time to time.

Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages are served for on-site consumption. Food service is not required.

Breezeway means a roofed passageway, designed and used only to connect two (2) or more otherwise separate buildings and permanently open along at least fifty (50) percent of its perimeter.

Building means any structure used or intended to be used to shelter a person or personal property.

Building, abutting means buildings with a common wall.

Building, main means a building within which is conducted the principal or main use on a lot or parcel; where a permissible use involves more than one (1) structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on the parcel, as defined in this chapter, shall be construed as constituting a main or principal building.

Business or commerce means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for either profit or livelihood, regardless of whether there is any other motivation. The activities normally conducted in office buildings, offices, and in shops for the sale of personal services are included in the meaning of business or commerce.

By right approval shall have the meaning set forth in Government Code Section 65583.2(i).

Carport means an open-sided, roofed, automobile shelter, usually formed by extension of the roof from the side of a building.

Central Business District (CBD) means the area in the downtown which is zoned C-2.

Church means buildings designed for, or used for, religious worship or religious services. The term shall include synagogue.

Clinic means a place for group medical or dental services or practice not involving overnight housing of patients.

Club, private means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service carried on as a business for profit.

Commission and planning commission are interchangeable, and mean the planning commission of the town.

Committee and development review committee are interchangeable and mean the development review committee.

Conditional use permit means an authorization allowing a particular use at a specified location, subject to conditions set forth in the authorization and in this chapter.

Convalescent, nursing and rest home means a home for ill, injured, or aged persons in which two (2) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions.

Convenience market means an activity that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and specialty food retail and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat.

Court means:

(1)

An open area, other than a yard, that is on the same lot with, and bounded on three (3) or more sides by, a building. The width of any court is its least horizontal dimension measured between opposite walls. The depth of any court is its greatest horizontal dimension measured at right angles to its width.

(2)

A court that opens for its required width on one of the following yards located on the same zoning lot: front or rear yard at least twenty (20) feet in depth; side yard on the street side of a corner lot; or a side yard at least twenty (20) feet in width. Any court other than an outer court is an inner court.

Demolition (historic structures) means:

(1)

Removal of more than twenty-five (25) percent of the wall(s) facing a public street(s) (or a street facing elevation if the parcel is a corridor lot or is landlocked) or fifty (50) percent of all exterior walls; or

(2)

Enclosure or alteration (i.e.: new window and/or window relocation) of more than twenty-five (25) percent of the walls facing a public street (or a street facing elevation if the parcel is a corridor lot or is landlocked) or fifty (50) percent of the exterior walls so that they no longer function as exterior walls; or

All remaining exterior walls must retain the existing exterior wall covering. No new exterior wall covering shall be permitted over the existing exterior wall covering. The following are exempt from this definition:

a.

Replacement. The exterior wall covering may be removed if the covering is not original to the structure.

b.

Repair. The removal and replacement of in kind non-repairable exterior wall covering resulting in no change to its exterior appearance or historic character if approved by the deciding body.

c.

Removal. The removal of an addition(s) that is not part of the original structure and which has no historic significance, as determined by the Historic Preservation Committee. Demolition shall be determined by subsections (1) and (2) above for the original structure, where walls enclosed by additions shall be considered as exterior walls.

Demolition (nonhistoric structures) means removal of more than fifty (50) percent of the exterior walls. The following is exempt from this definition:

a.

Repair. The removal and replacement of in kind non-repairable wall resulting in no change to its exterior appearance or character if approved by the Community Development Director.

Destroy means and includes demolish or raze, fully or partially, any building or structure by any means including, but not limited to fire, explosion, act of God, act of the public enemy, voluntary act of the owner or wrongful act of another.

Destructive device means any explosive, incendiary, bomb, grenade or any similar device as more particularly defined in Title 18, United States Code, and the California Penal Code.

Downtown means the area encompassed by the downtown specific plan, as amended from time to time.

Dwelling, group means on one (1) lot, groups of more than one (1) of such main buildings as are permitted by the regulations of the zone.

Dwelling, multiple-family means a building or portion thereof used or designed as a residence for three (3) or more families living independently of each other, including apartment houses, apartment hotels and flats, but not including auto courts.

Dwelling, single-family means a detached building containing but one (1) kitchen and designed and used to house not more than one (1) family, including domestic employees of such family, and manufactured homes pursuant to Section 65852.3 of the Government Code.

Dwelling, two-family means a detached building designed for, or occupied exclusively by, two (2) families living independently of each other.

Dwelling, unit means a building or portion thereof intended for occupancy or occupied by one (1) family exclusively, and containing but one (1) kitchen.

Electric vehicle (EV) means any vehicle that is licensed and registered for operation on public and private highways, roads, and streets exclusively powered by electricity from an off-board source that is stored in the vehicle's batteries, includes no internal combustion and only limited fluids or oils, and produces zero tailpipe emissions or pollution when stationary or operating. EV includes a battery electric vehicle (BEV) but does not include a plug-in hybrid electric vehicle (PHEV).

Emergency shelter means a housing facility as defined by Health and Safety Code Section 50801 with minimal support services for homeless persons that is limited to temporary occupancy of six (6) months or less by a homeless person.

Erect means and includes build, construct, install, assemble, improve, alter, reconstruct, restore, or renovate, any building structure, improvement, facility, or any part or portion thereof or foundation thereof, or appurtenances thereto, whether or not such building, structure, improvement or facility is completed, or to work upon, or in any way assist in such erection.

Family means one (1) or more persons who comprise a single household and who live together as a single housekeeping unit. This definition also includes households of six (6) or fewer persons living in a residential care facilities small family home as defined by the California Community Care Facilities Act.

Family daycare home means a dwelling where daycare is provided for children under eighteen (18) years of age who are unrelated to the licensee. A small family daycare home is for eight (8) or fewer children and a large family day care home is for nine (9) to fourteen (14) children. Both limitations include children under ten (10) years of age who reside at the home.

Fence height means measured from finished grade and shall be measured from either side of the property line which affords affected property owners the most buffering from noise, light, glare, or privacy impacts.

Financial and investment services means businesses that offer financial advice and services, including, but not limited to: investment banking, portfolio management, private equity, and venture capital.

Firearm means any device which is designed to be used as a weapon or may be converted or modified to be used as a weapon which expels a projectile through a barrel by the force of an explosion or other form of combustion. A "firearm" includes any device defined in Title 18, United States Code, and relevant sections of the California Penal Code.

Firearm ammunition (or ammunition) means any cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, and any component thereof.

Floor area, gross means the entire enclosed area of all floors that are more than four (4) feet above the proposed grade, measured from the outer face of exterior walls or in the case of party walls from the centerline. Gross floor area also includes any part of exterior balconies or walkways above the ground floor required for ingress and egress. Ornamental balconies and outside unroofed corridors not required for ingress or egress are excluded. The area of elevator shafts and stairwells is also included except on the ground floor.

Floor area ratio (FAR) means the gross floor area of a building or buildings on a zoning plot divided by the area of such zoning plot.

Floor, (finished) means the lowest point of elevation of the top of the sub-floor or finished foundation slab as measured from finished grade, a known fixed reference height benchmark, or as a height referenced from sea level.

Formula retail business means a retail business which, along with eleven (11) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.

Garage means an accessory structure or any part thereof designed or used for parking or storing one (1) or more vehicles.

Garage, repair means a structure, or any part thereof, used for the commercial repair or painting of vehicles.

Garage, storage means a structure, or any part thereof, used commercially for the storage, parking or servicing of vehicles, but not the repair thereof.

Grade, (finished) means the lowest point of ground elevation of the finished surface of the ground after any construction or grading activities (including, but not limited to, cut and fill of existing slopes) as measured from a known fixed reference height benchmark or as a height referenced from sea level.

Grade, (ground level) means the average of the finished ground level at the center of all walls of a building. When walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk.

Grade, (natural) means the lowest point of ground elevation of undisturbed soil as measured from a known fixed reference height benchmark or as a height referenced from sea level.

Group classes means instruction provided at a rate greater than one (1) student per one (1) instructor and does not include schools as defined in this section.

Group home shall have the same meaning as a residential care facility, small family home.

Hazardous waste management facility means an operation that entails the systematic control of the storage, transportation, processing, treatment, collection, source separation, recovery and disposal of hazardous wastes. Hazardous wastes are those wastes which because of quantity, concentration, or physical, chemical, or infectious characteristics may pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Height means the height of all structures, excluding fences, shall be determined by the plumb vertical distance from the natural or finished grade, whichever is lower and creates a lower profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that grade. For portions of a structure located directly above a cellar, the height measurement for that portion of the structure shall be measured as the plumb vertical distance from the existing natural grade to the uppermost point of the structure directly over that point in the existing natural grade. No point of the roof or other structural element within the exterior perimeter of the structure shall extend beyond the plane established by the maximum height plane except as allowed by section 29.10.090.

Historic structure means:

(1)

Any structure that is located within an historic district; or

(2)

Any structure that is historically designated; or

(3)

Any primary structure constructed prior to 1941, unless the deciding body has determined that the structure has no historic significance and should not be included in the Town Historic Resources Inventory.

Home occupation means the use of a dwelling unit for a nonresidential purpose, but in a limited manner both subordinate to the residential use and not discernible from the exterior of the dwelling unit so used.

Hospital means an institution designed and operated to provide a full range of diagnostic, surgical and therapeutic treatment to the sick or injured, as well as short-term recuperative residency for patients. "Hospital" does not include convalescent, nursing or rest homes as defined herein.

Hotel/motel means a building where lodging, with or without meals, is provided for compensation and where occupancy is generally limited to no more than thirty (30) days.

Interested person means:

(1)

Residential projects. Any person or persons or entity or entities who own property or reside within one thousand (1,000) feet of a property for which a decision has been rendered, and can demonstrate that their property will be injured by the decision.

(2)

Non-residential and mixed-use projects. Any person or persons or entity or entities who can demonstrate that their property will be injured by the decision.

Junkyard means any open space where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap metals, paper, rags, rubber tires, old building materials, old plumbing fixtures, and bottles. Junkyard includes automobile wrecking yard, any open area where automobiles are disassembled, but does not include lawful activities in buildings.

Land, abutting means parcels of land having a common property line.

Livestock farming, small means the raising or keeping of more than four (4) chickens, hens, pigeons or a similar fowl or four (4) rabbits or similar animals, or any ducks, geese, guinea fowl, peafowl, goats, sheep or similar livestock, or the raising or keeping for commercial purposes of any cats or dogs, but shall not include hog farming or dairying.

Loading area, off-street means a space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials, and which abuts upon a street or alley or other appropriate means of access.

Lot means a parcel of land which under the terms of the Subdivision Map Act and local ordinances exists separately from all other land. A parcel of land which is merged with one (1) or more other parcels under the provisions of the Subdivision Map Act or section 29.10.070 does not exist separately from other land. Merged parcels are a single lot.

Lot area means the total horizontal area included within lot lines, except as otherwise provided in the chapter, and excluding land required for public dedication and any land determined to be riparian habitat.

Lot, corner means a lot situated at the intersection of two (2) or more streets, or bounded on two (2) or more abutting sides by street lines.

Lot, corridor means a lot with access to a street by means of a strip of land having less frontage or width than that required for the parcel by this chapter.

Lot depth means the horizontal distance between the front and rear property lines of a lot measured from a point midway between the side property lines.

Lot, frontage means the property line of a lot abutting on a street, which affords access to a lot other than the side line of a corner lot. On a corner lot either property line on a street may be determined to be the frontage.

Lot, interior means a lot other than a corner lot.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear property lines.

Minor exterior alterations to commercial buildings means exterior alterations, including:

(1)

Replacing or changing out windows

(2)

Replacing or adding awnings

(3)

Changes to or addition of arcades

(4)

Replacement of or changes to exterior materials

(5)

Small scale additions where the project is in full compliance with the Town's Commercial Design Guidelines and Town Code and does not result in an intensification of use as described in Section 29.20.145(4).

Mobile home means:

(1)

A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Vehicle Code section 35970 (as it may be amended).

(2)

A mobile home, as defined in Health and Safety Code section 18008 (as it may be amended).

(3)

A manufactured home, as defined in Health and Safety Code section 18007 (as it may be amended).

"Mobile home" does not include a recreational vehicle, as defined in Civil Code section 799.24 and Health and Safety Code section 18010, a commercial coach, or factory-built housing, as defined in Health and Safety Code section 19971 (as they may be amended).

Mobile home park means an area of land where two (2) or more mobile home sites are rented, or available for rent, to accommodate mobile homes used for human habitation, including areas of land zoned or otherwise approved for use as a mobile home park pursuant to this chapter or as defined in Health and Safety Code section 18214 (as it may be amended).

Nonconforming building means a building which was lawfully erected but under the terms of this chapter is too close to a property line, too close to a street, too high, covers too much of a lot or is of a wrong type.

Nonconforming lot means a lot which was lawfully created but under the terms of this chapter or chapter 24 is too small, too narrow, too shallow, or lacks sufficient street frontage.

Nonconforming use is an activity or occupancy which was lawfully commenced but under the terms of this chapter is not permitted or is more intensive than is permitted. Examples of uses which are too intensive are those for which parking spaces required by this chapter are not provided or any use which is, under the terms of this chapter, one (1) of an excessive number of units of use on the same zoning plot. This is not an exclusive listing.

Number of employees means the largest number of persons working in direct connection with the business during any shift.

Nursery school/Day care center means a school for pre-elementary school age children which provides controlled activities and instruction.

Occupancy means the purpose for which a building is used, or is intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Office activities means office uses, including, but not limited to: administrative; professional; medical; dental; optical; real estate; insurance; financial and investment services; venture capital; technology incubator facilities; biotechnology incubator facilities, including dry-lab facilities where testing and analyses is performed using data, coding, and computer systems and excluding wet-lab facilities where testing and analyses are performed using physical samples, biological matter, chemicals, and/or hazardous substances; and other similar office uses characterized by an absence of retail sales.

Open space means an area of land open and unobstructed from the ground to the sky. Private open space, such as may be required for residential condominiums or similar development, may have balconies and roof eaves extending over a portion of the required private open space.

Ordinance means this chapter.

Outdoor entertainment means entertainment provided by a hotel, motel, restaurant, bar or similar establishment conducted outside the confines of a building including courtyards, pool areas and the like.

Outdoor storage means storage of merchandise or materials outside the confines of an approved building.

Patio cover means the roof structure covering an outdoor area either attached or unattached to a main or accessory building and open on at least two (2) sides.

Personal service business means uses that predominately sell personal convenience services directly to the public, including, but not limited to: acupressure, barbers, beauty salons and related services, cosmetologists, electrolysis, estheticians, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, massage therapists, myofascial therapists, nail salons, pedicurists, permanent make-up, rolfers (therapists), skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use.

Primary dwelling unit means a single-family or two-family dwelling unit located on a lot with no other dwellings on the lot except for accessory dwelling units, whether attached or detached. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation located on the same parcel as the primary dwelling unit.

Recreational open space means any area of land set aside for recreational purposes, both active and passive, and intended, but not limited to, a park-like atmosphere.

Recycling collection facility means:

(1)

A small collection facility is smaller than five hundred (500) square feet and intended for the collection of recyclable materials and can include kiosks, igloos, bins, trailers or bulk reverse vending machines. These facilities are generally temporary.

(2)

A large collection facility is larger than five hundred (500) square feet and accepts recyclable materials in large quantities for storage and eventual shipment. This facility is generally a permanent structure.

Residential care facility means an establishment where authorized, certified, or licensed for care, pursuant to the provisions of the California Community Care Facilities Act, where twenty-four-hour-day nonmedical care is provided to persons, unrelated to the licensee and residing there, who need personal services, protection, supervision, assistance, guidance, and training essential for sustaining their activities of life or for their protection, when the establishment is a facility authorized, certified, or licensed for such care pursuant to the provisions of the California Community Care Facilities Act or other applicable State law and when no medical care is provided other than such incidental care that is permitted without additional authorization, certification or licensing pursuant to State law.

(1)

A small family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for six (6) or fewer persons. Whether or not unrelated persons are living together, a residential facility that serves six (6) or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property.

(2)

A large family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for seven (7) to twelve (12) children or seven (7) to fifteen (15) adults.

Residential care facility for the elderly means a voluntary group housing arrangement by residents over sixty (60) years of age as defined or required pursuant to Health and Safety Code section 1569 et seq.

Restaurant means a retail food service establishment in which food and beverage is prepared, served, and sold to customers for on-site or take-out consumption.

Restaurant, drive-in means a restaurant where food or beverages are sold to be eaten in vehicles whether on or off the premises or are delivered directly to the occupants of vehicles.

Retail sales of firearms, ammunition and/or destructive devices means any business engaged in the selling, leasing, or otherwise transferring any firearm, firearm component, ammunition and/or destructive device as defined in this chapter by means of traditional retail sales, individual or bulk transactions, internet transactions, or in any other manner indicative of trade.

Retail use means providing on site sales directly to the consumer for consumer or household use, including but not limited to the following: small markets/businesses which sell meat, vegetables, dairy products, baked goods, candy and/or other food products, household cleaning and maintenance products, cards, stationary, notions, books, cosmetics, specialty items, hobby materials, toys, household pets and supplies, apparel, jewelry, fabrics, cameras, household electronic equipment, CD music and movies, sporting equipment, kitchen utensils, home furnishings, home appliances, art supplies and framing, art work, antiques, paint, wallpaper, carpet, floor covering, office supplies, musical instruments, hardware, homeware, computers and related equipment/supplies, bicycles, automotive parts and accessories (excluding service and installation), and flowers, plants and garden supplies (excluding nurseries). Retail sales that are incidental to the primary use will not satisfy this definition.

Sales, service, and/or repair of electric vehicles means any business engaged in the selling, service, and/or repair of electric vehicles as defined by means of traditional retail sales, the service and/or repair of electric vehicles with the use of computers and with limited use of fluids, and the charging of electric vehicles. Body repair is not permitted; tire changing is permitted.

Schools means all schools or institutions, whether public or private, and whether or not organized for profit, which give a course of study as defined or determined by divisions of the Education Code of the State.

Secondary dwelling unit means a detached or attached dwelling unit which provides complete independent living facilities for one (1) or more persons and is accessory to and generally smaller than a primary dwelling unit. A secondary dwelling unit is located in a permanent structure with separate entrance, sleeping, bath and kitchen facilities (stove, hot plate, microwave oven or equivalent).

(1)

A detached secondary dwelling unit is physically separate from the primary dwelling unit.

(2)

An attached secondary dwelling unit requires modification to the exterior walls of the primary dwelling unit.

(3)

An interior secondary dwelling unit requires modifications only to the interior walls of the primary dwelling unit.

Senior citizen means any person sixty-two (62) years of age or older, subject to the restrictions and exceptions as provided by Civil Code section 51.3.

Service station means a place where vehicles are serviced, when the services are limited to (1) the selling of petroleum products, electricity or other alternative fuel, tires, batteries and accessories, servicing automobiles, trucks and similar vehicles, including minor automotive repair, but excluding auto body, fender, major engine repair or rebuilding, and outside repairs of any kind, and excluding outside display of goods, except for petroleum products, electricity or other alternative fuel; and (2) in the square footage defined for such use in its conditional use permit or architecture and site approval, the selling of food, beverages excluding distilled spirits, and small personal convenience items, primarily for off-premises consumption.

Sex shop means a store where implements or paraphernalia intended for direct tactile sexual stimulation of human beings are sold.

Sex studio means a business that is sexually-oriented and provides what is commonly known as "adult" entertainment, activity or recreation, including:

(1)

Massage studios or establishments. The Town recognizes that there is a place for legitimate massage practice as a healing art, and therefore, the practice of massage by licensed physicians, osteopaths, registered nurses, physical therapists and chiropractors, and of athletic trainers whose work is concerned with the alleviation of the symptoms of athletic injury is neither intended to be nor encompassed within this definition;

(2)

Nude encounter studios;

(3)

Nude adult exhibitions, live or otherwise, excepting theaters;

(4)

Peep shows;

(5)

Adult escort services;

(6)

Nude adult art or photography studios;

(7)

Nude adult wrestling centers;

(8)

Any business, use of land or occupation similar or related to those listed in subsections (1) through (7).

Shopping center means a development which consists of not less than thirty thousand (30,000) square feet of enclosed floor area on a site not less than two (2) acres in size the ownership of which is either vested in a single person or entity or in several persons or entities, the interest of each being one (1) which is undivided in the whole, and which integrates as a part of the total development several retail stores and food or beverages sales, motel accommodations, or business or professional offices operated by the owner or owners of the development either under lease or rental agreement by third parties.

Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-to-order beverages and have limited to no seating. Examples include but are not limited to: tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. Specialty food retail does not include coffee houses.

Stables, private means an accessory building used to shelter horses belonging to the occupants of the main building and not for hire, including a corral or paddock.

Stables, public means a stable, other than a private stable, for the keeping of horses for compensation, or to house horses for hire or sale, including a corral or paddock.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade, such basement or cellar shall be considered a story. Three (3) story building elevations are prohibited in Hillside Residential and Resource Conservation Zones.

Street means any thoroughfare for the motor vehicle travel which affords the principal means of access to abutting property, including public and private rights-of-way and easements.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, including a gas or liquid storage tank that is principally above ground.

Swimming pools means any constructed or prefabricated pool used for swimming or bathing, twenty-four (24) inches or more in depth.

Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or off-site consumption. Food service is not required.

Townhouse means a single-family dwelling abutting another single-family dwelling without a side yard or setback on one (1) or two (2) sides, or side to back, depending on design, and using a common wall for the full height of the building to divide each dwelling unit.

Transitional housing means a housing facility as defined by Health and Safety Code section 50675.2(h) with buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.

Use means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged, or for which either a site or a structure is or may be occupied or maintained.

Vehicle includes automobiles, buses, motorcycles, boats, trailers, mobile homes, recreational vehicles, trucks, campers, motorized construction equipment, tractors and similar devices.

Vending machines means machines generally stocked with food or beverages in which money is inserted for purchase of these items. These machines can also include those which accept recyclable containers in exchange for a refund or redeemable coupons. Such machines can include soft drink and food vending machines, ice machines, water dispensers and reverse vending machines.

Wall covering means the finished surface of an exterior or interior wall.

Wall, exterior means one (1) of the sides of a building connecting foundation and roof. An exterior wall encompasses the total height and width of the side of the building and the studs/structural elements used in the faming of the wall.

Yard means an open space on the same site as a structure, unoccupied by any use except for landscaping, sidewalks, driveways or swimming pools, and unobstructed from the ground upward, unless otherwise specified in any zone, including a front, side or rear yard or space between buildings or structures.

Zoning approval means one (1) of those approvals set forth in division 3 of article II of this chapter.

Zoning plot means a plot of ground consisting of one (1) or more lots or parcels on which a common improvement has been authorized under this chapter.

(Ord. No. 1316, §§ 2.00.010—2.00.500, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1331, 9-5-76; Ord. No. 1337, 11-1-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1459, 2-19-80; Ord. No. 1531, 4-20-82; Ord. No. 1546, 8-16-82; Ord. No. 1582, 6-20-83; Ord. No. 1606, 2-6-84; Ord. No. 1608, 2-21-84; Ord. No. 1617, 5-21-84; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No. 1685, 6-2-86; Ord. No. 1694, 12-1-86; Ord. No. 1716, 4-20-87; Ord. No. 1717, 5-4-87; Ord. No. 1737, §§ I, II, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1758, §§ II, III, 8-1-88; Ord. No. 1763, § I, 10-3-88; Ord. No. 1789, §§ I—III, 5-15-89; Ord. No. 1846, § I, 5-6-91; Ord. No. 1946, § I, 6-7-93; Ord. No. 1963, § I, 11-15-93; Ord. No. 1977, § I, 5-2-94; Ord. No. 2006, § I, 11-6-95; Ord. No. 2021, § II, 9-16-96; Ord. No. 2023, § II, 11-18-96; Ord. No. 2049, § I, 10-5-98; Ord. No. 2062, §§ I, II, 6-21-99; Ord. No. 2083, § I, 5-7-01; Ord. No. 2107, § I, 11-4-02; Ord. No. 2121, § I, 11-3-03; Ord. No. 2132, § I, 5-17-04; Ord. No. 2144, § I, 9-6-05; Ord. No. 2149, § I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2264, § I, 11-7-17; Ord. No. 2270, § I, 2-6-18; Ord. No. 2273, § I, 5-1-18; Ord. No. 2283, § I, 5-21-19; Ord. No. 2285, § I, 6-18-19; Ord. No. 2295, § I, 11-19-19; Ord. No. 2304, § II, 2-18-20; Ord. No. 2306, § I, 4-21-20; Ord. No. 2307, § I, 4-21-20; Ord. No. 2342, §§ II—VII, 8-1-23; Ord. No. 2353, § I, 3-5-24; Ord. No. 2370, § II, 2-4-25)

No amendment or revision of the zoning ordinance nor any change of zone of land, which amendment, revision or change retains the substance of a regulation shall, as to the retained regulation, operate to stop the running of any limiting period of time, transform any unlawful into a lawful use or cause any action to be barred or abated.

(Ord. No. 1316, § 1.00.030, 6-7-76)

The zoning ordinance is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare of the Town and its inhabitants, and particularly:

(1)

To provide a guide for the development of the Town to preserve its character of a low density residential community with those attributes of a balanced land use program consisting of residential, commercial, industrial and recreational areas so located and controlled to promote stability of land use both existing and proposed.

(2)

To protect the social and economic stability of the Town.

(3)

To promote a safe, effective traffic circulation system, and to provide adequate off-street parking.

(4)

To facilitate orderly industrial and commercial development.

(5)

To preserve the natural beauty of the Town and protect its residential neighborhoods from the intrusion of commercial interests.

(6)

To prevent improper disposal of toxic waste.

(7)

To assure the orderly and beneficial development of all areas of the Town.

(Ord. No. 1316, § 1.00.040, 6-7-76; Ord. No. 1991, § II, 11-7-94)

The provisions of this chapter apply to all property regardless of ownership, including to the extent permitted by law, property owned by a governmental agency.

(Ord. No. 1316, § 1.00.050, 6-7-76; Ord. No. 1363, 8-1-77)

No land shall be used, and no building or structure shall be erected, enlarged, altered, moved, or used in any zone, as zones are shown on the zoning map, except in accordance with the terms of this chapter.

(Ord. No. 1316, § 1.00.060, 6-7-76)

(a)

Generally. All uses which are not authorized by this chapter either by specific listing or by category are prohibited.

(b)

Listed. Notwithstanding the provisions of this chapter concerning categories of allowed uses, the following uses are prohibited in all zones:

Junkyard;

Drive-in restaurant;

Cemetery;

Sex shop;

Sex studio;

Mobile home occupied as a dwelling except in a mobile home park and except as a temporary structure and approved by the deciding body, and except when placed on a lot zoned for single-family dwelling, subject to all applicable ordinances and regulations affecting single-family dwellings;

Mobile home occupied for any purpose other than as a dwelling, except temporarily as an office in connection with and during construction work;

Heavy industry;

Airport;

Solid waste disposal site;

Sales of distilled spirits at a service station.

The intent of this section is to prohibit uses which might appear to be included in an allowed category. Omission of a use from this section is not intended as an indication that the omitted use is allowed in some zones.

(Ord. No. 1316, § 1.00.080, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1369, 10-3-77; Ord. No. 1407, 10-16-78; Ord. No. 1521, 11-2-81; Ord. No. 1655, 5-20-85; Ord. No. 2023, § III, 11-18-96)

Nothing in this chapter shall limit use of property for activities in conjunction with a special event permitted pursuant to the provisions of Article X of Chapter 14 of this Code.

(Ord. No. 1908, § I, 7-20-92)

The provisions of sections 29.10.070 through 29.10.295 apply to all zones.

(Ord. No. 1316, § 3.00.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77)

Any required front yard or any other required yard abutting a street must be landscaped.

(Ord. No. 1316, § 3.05.010, 6-7-76; Ord. No. 1337, 11-1-76)

Off-street parking spaces shall not be located in any required yard abutting a street.

(Ord. No. 1316, § 3.05.020, 6-7-76; Ord. No. 1337, 11-1-76)

(1)

Private open space. Each ground floor dwelling unit shall have a minimum of one hundred and twenty (120) square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area. Each dwelling unit above the ground floor shall have sixty (60) square feet of outdoor usable open space in the form of a balcony. Where multiple balconies are provided for a single unit, the 60-square foot minimum can be an aggregate of all balconies, provided each balcony meets the requirements for minimum horizontal dimensions. For purposes of this section, a multiple floor unit with the lower floor on the ground level can choose to either provide one hundred and twenty (120) square feet of open space in the form of a single enclosed patio or deck or provide sixty (60) square feet of open space in the form of a balcony. The minimum horizontal dimension is six (6) feet in any direction. The minimum vertical clearance required is eight (8) feet. Private recreation space shall be directly accessible from the residential unit. Private open space shall be suitably screened for the privacy of the occupant. Location and screening are subject to review by the deciding body.

(2)

Community recreation space. The minimum dimensions are ten (10) feet by six (6) feet. A minimum of sixty (60) percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of fifteen (15) percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at fifteen (15) years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.

i.

Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of one hundred (100) square feet per residential unit plus a minimum of two (2) percent of the non-residential square footage.

ii.

Community recreation space shall be provided in multi-family residential development projects at a minimum of one hundred (100) square feet per residential unit.

iii.

A project with four (4) or fewer residential units is exempt from community recreation space requirements.

(Ord. No. 1316, § 3.05.030, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 2370, § III, 2-4-25)

(Ord. No. 2040, § II, 2-2-28)

Those certain subdivision design standards which are on file in the office of the Town Engineer are by reference incorporated in this chapter as the subdivision design standards of the Town.

(Ord. No. 2040, § III, 2-2-98)

The design of a subdivision shall comply with the following street and highway standards as determined by the advisory agency:

(1)

Highways and major streets. Highways and major streets shall conform to the width as adopted by the circulation element of the general plan.

(2)

Collector streets. The width of right-of-way for all collector streets, and streets and areas to be used for other than one-family and two-family residences shall not be less than sixty (60) feet with a paved roadway width excluding width of curb and sidewalk areas of not less than forty (40) feet; except that, in mountainous or hillside areas the width of paved roadway may be reduced from forty (40) feet to thirty-four (34) feet if parking is prohibited along one (1) side of the street, or twenty-eight (28) feet if parking is prohibited on both sides of the street. In mountainous or hillside areas the width of the right-of-way shall not be less than forty (40) feet.

(3)

Minor streets. The width of right-of-way for minor streets shall be not less than fifty-six (56) feet with a paved roadway width of not less than thirty-six (36) feet, excluding curb and sidewalk; except, that in mountainous or hillside areas the width of the paved roadway may be reduced from thirty-six (36) to thirty (30) feet if parking is prohibited along one (1) side of the street, or twenty-four (24) feet if parking is prohibited on both sides of the street. In mountainous or hillside areas the width of the right-of-way shall not be less than forty (40) feet.

(4)

One-way streets. One-way streets may be acceptable in a subdivision when their use is justified by detailed engineering studies submitted by the subdivider. The width of right-of-way for one-way streets shall be not less than forty (40) feet with a paved roadway excluding curb and sidewalk areas of not less than fifteen (15) feet. Emergency pull-out areas of a design approved by the Town Engineer shall be provided at approximately five-hundred-foot intervals on straight sections and at each end of every blind curve.

(5)

Turning circles. Turning circles at the end of cul-de-sac streets shall have a roadway radius of not less than thirty-two (32) feet, and a right-of-way width of forty-two (42) feet; except, that in mountainous or hillside areas the roadway radius may be reduced to twenty-six (26) feet, and the right-of-way radius to thirty-two (32) feet if parking is prohibited on the turning circle. Alternate designs for turning or reversing direction may be used in lieu of the turning circle if approved by the Planning Commission. Radii of turning circles in industrial subdivisions may be increased to provide adequate turning provisions for truck and trailer combinations.

(Ord. No. 2040, § IV, 2-2-98)

Alleys shall have a right-of-way width of not less than thirty (30) feet and roadway width of not less than twenty-four (24) feet.

(Ord. No. 2040, § V, 2-2-98)

Whenever a street is necessary for the development of adjoining property, the location, width and extent of such street shall be shown on the tentative and final map. The subdivider shall improve such streets across the property being subdivided.

(Ord. No. 2040, § VI, 2-2-98)

On streets in subdivisions where parking of automobiles is prohibited along either or both sides of the normal roadway, parking bays may be required at convenient locations or intervals outside the normal traffic lanes.

(Ord. No. 2040, § VII, 2-2-98)

Trails are required in a subdivision where shown on the general plan. Trails not shown on the general plan may be required by the advisory agency.

(Ord. No. 2040, § VIII, 2-2-98)

Unless otherwise approved by the Town Engineer and by the advisory agency, the centerlines of any two (2) streets entering upon opposite sides of any certain street in a subdivision shall intersect the centerline of that street at the same point, or at points separated by not less than two hundred (200) feet.

(Ord. No. 2040, § IX, 2-2-98)

The grades of highways, streets and alleys in subdivisions shall not exceed fifteen (15) percent unless otherwise approved by the Town Engineer and the advisory agency.

(Ord. No. 2040, § X, 2-2-98)

Where consistent with the goals and policies of the general plan, the advisory body shall require dedication of open space to the Town, either in fee or as an easement, whichever will best implement the applicable policy. Fee dedication will ordinarily be required where public involvement is sufficiently active to warrant Town control and maintenance. Where public involvement is more passive, the owner will be asked to dedicate easements, and will retain ownership and responsibility for maintenance.

(Ord. No. 2040, § XI, 2-2-98)

Roadways on streets, highways and alleys within a subdivision shall be paved with asphalt concrete or Portland cement concrete in accordance with standards approved by the Town Engineer.

(Ord. No. 2040, § XII, 2-2-98)

At each intersection between two (2) streets in a subdivision, the property lines shall be rounded with a curve having a radius of not less than twenty (20) feet. At intersections between an alley and a street, or between two (2) alleys, the radius or cut-back distance shall be not less than ten (10) feet.

(Ord. No. 2040, § XIII, 2-2-98)

Sidewalks shall be constructed on all streets and highways within a subdivision; except, that in land being subdivided into lots twenty thousand (20,000) square feet or more in size, sidewalks may be omitted. In hillside subdivisions, a walkway or path shall be constructed on one (1) side of the street or highway, subject to the approval of the Town Engineer and the advisory agency.

(Ord. No. 2040, § XIV, 2-2-98)

Curbs and gutters shall be constructed on all streets and highways within a subdivision; except, that in mountainous or hillside areas, curbs or gutters may be eliminated by the Town Engineer in special circumstances.

(Ord. No. 2040, § XV, 2-2-98)

Cul-de-sacs shall not exceed eight hundred (800) feet in length; provided, the length of a cul-de-sac may be increased by action of the advisory agency upon finding that emergency access, utility services, and circulation are satisfactory.

(Ord. No. 2040, § XVI, 2-2-98)

Improvements conforming to the requirements specified in this article shall be constructed on any half-streets or highways within a subdivision. In cases where a half-street adjoins unsubdivided land, or land not occupied by a street or public way, the minimum right-of-way width of such half-street is forty (40) feet. Additional pavement shall be provided within the right-of-way to facilitate the safe flow of two-way traffic.

(Ord. No. 2040, § XVII, 2-2-98)

Culverts, storm drains, and drainage structures shall be constructed in, under, or along streets, alleys and highways in a subdivision as required by the Town Engineer as reasonably necessary to prevent damage to streets or adjoining properties from stormwater, or to prevent the flow of stormwater on streets of depth and velocity as to present a hazardous condition for moving vehicles and pedestrians, or to maintain the flow of stormwater in its natural channel.

(Ord. No. 2040, § XVIII, 2-2-98)

Sanitary sewers with house service laterals shall be constructed to serve each lot within a proposed subdivision. In hillside areas sewer service shall be by sanitary sewer whenever practical. Adequately designed alternative systems may be authorized when the following occurs:

(1)

Connection to a publicly regulated sanitary system is not available or feasible within a reasonable period of time; and

(2)

The predicted use of such a system on a reasonably permanent basis will adequately meet disposal needs and have no detrimental effect on the environment (including water quality).

(Ord. No. 2040, § XIX, 2-2-98)

Utilities with connections to each lot within a subdivision shall be constructed as required by the advisory agency. All new utility services shall be placed underground. Underground conduit shall be provided for cable television service.

(Ord. No. 2040, § XX, 2-2-98)

Water service shall be provided by a recognized public utility.

(Ord. No. 2040, § XXI, 2-2-98)

Fire hydrants, together with adequate water service thereto, shall be located in each subdivision as directed by the Fire Chief.

(Ord. No. 2040, § XXII, 2-2-98)

Street lighting shall be installed in accordance with the Town standards.

(Ord. No. 2040, § XXIII, 2-2-98)

Street signs shall be placed on all streets in a subdivision as directed by the Town Engineer. Such signs shall be constructed in accordance with standards developed by the Town Engineer.

(Ord. No. 2040, § XXIV, 2-2-98)

Retaining walls may be required to minimize cuts and fills.

(Ord. No. 2040, § XXV, 2-2-98)

Provisions for garbage service shall be made for adequate garbage disposal service. Such provisions shall be compatible with the franchise requirements of the local garbage disposal contractor.

(Ord. No. 2040, § XXVI, 2-2-98)

(a)

Unless otherwise approved by the advisory agency by reason of special circumstances, lots for one-family and two-family use shall not be designed with frontage on two (2) streets except at street intersections and except along highways.

(b)

Double frontage lots may be required to have a wall or fence of an approved design constructed along side or rear lot lines. Access rights along such rear or side lot lines may be required to be dedicated to the Town.

(Ord. No. 2040, § XXVII, 2-2-98)

All lots created pursuant to this chapter must conform to the rules of chapter 29 of this Code.

(Ord. No. 2040, § XXVIII, 2-2-98)

Every building site in a subdivision shall be kept free and clear at all times of dead plant materials which constitute a fire hazard. It shall be the duty of the Town Fire Chief to inspect hillside subdivision areas and take appropriate action to ensure safety.

(Ord. No. 2040, § XXIX, 2-2-98)

Editor's note— Ord. No. 2337, § I, adopted Feb. 21, 2023, repealed § 29.10.070, which pertained to lot merger and derived from Ord. No. 1316, § 3.10.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1432, 6-4-79; Ord. No. 1438, 8-6-79; Ord. No. 1756, § I, 8-1-88.

Lot area restrictions do not apply to lots used exclusively as locations for public utility lines or substations.

(Ord. No. 1316, § 3.10.020, 6-7-76)

At each end of a through lot there shall be front yard of the depth required by the zone in which each lot frontage is located, and one (1) of such yards may serve as a required rear yard, but must meet front yard standards.

(Ord. No. 1316, § 3.10.030, 6-7-76)

The corridor to a corridor lot shall not be more than three hundred (300) feet long nor less than twenty (20) feet wide. The area of the corridor may not be applied toward satisfying the minimum lot area requirement. A corridor may not serve more than one (1) lot. Lot frontage for a corridor lot is an exception to the lot frontage requirements in all zones.

(Ord. No. 1316, § 3.10.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1349, 3-21-77)

All lots shall have frontage, except those lots created for a condominium development, or under a planned development application. The minimum dimension of the frontage shall be as required by the zone in which the property is located, or where there is no minimum, as determined by the planning director.

(Ord. No. 1795, § II(3.10.050), 7-17-89; Ord. No. 1952, § VI, 8-2-93)

Towers, spires, elevator and mechanical penthouses, cupolas, wireless telecommunication antennas, similar structures and necessary mechanical appurtenances which are not used for human activity or storage may be higher than the maximum height permitted by the zone. The use of tower elements or similar structures to provide higher ceiling heights for habitable space shall be deemed as a use intended for human activity and is therefore not exempt from the maximum height restrictions of a zone.

(Ord. No. 1316, § 3.15.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 2049, § I, 10-5-98; Ord. No. 2062, § I, 6-21-99; Ord. No. 2149, § I, 5-1-06)

An enclosure is required on all zoning plots where activities other than single- and two-family residential activities are conducted to store and screen from view garbage and waste containers. Where such enclosures are required all garbage and waste containers shall be placed in them except during the period of time necessary to allow removal of the waste. If the enclosure is not a building or part of a building it shall be a wall or fence, at least six (6) feet high. The Planning Director may approve a lower wall or fence if the Planning Director finds that reduction in height would not result in a reduction in the effectiveness of the screening.

(Ord. No. 1316, § 3.45.010, 6-7-76; Ord. No. 1328, 8-2-76)

All permanent exterior light fixtures should utilize shields so that no bulb is visible and to ensure that light is directed to the ground surface and does not spill light onto neighboring parcels or produce glare when seen from nearby homes. Decorative lighting fixtures are preferred for security lighting fixtures.

(Ord. No. 1316, § 3.47.010, 6-7-76; Ord. No. 1335, 10-4-76; Ord. No. 2312, § I, 10-20-20)

(a)

Zones where allowed. Swimming pools are allowed in all zones.

(b)

Location. No swimming pool shall be located within five (5) feet of a property line, nor in a required front yard, nor in a required side yard along a street.

(c)

Mechanical equipment. No mechanical equipment for operating a swimming pool shall be located in a required front yard nor within ten (10) feet of a property line when located in a required side yard.

(d)

Incidental pools. When use of a swimming pool is incidental to the use of the zoning plot on which it is located, no zoning approval is required. Examples of swimming pools incidentally used are pools for private residences, pools for the use of guests at hotels and motels, and pools exclusively for use by employees of a business organization located at the site of the facilities where the employees work.

(e)

Nonincidental pools. Examples of swimming pools that are deemed not to be incidental to the use of the zoning plots on which they are located are pools at clubs, schools, parks, sports enterprises, and any pool for which a membership fee is levied or an admission charge is made.

(f)

Conditional use permit required. Nonincidental use of a swimming pool and construction of a swimming pool for nonincidental use are prohibited unless a conditional use permit for the use or construction is issued.

(g)

Enclosure required, specifications. Every person who owns or possesses any premises where there is a swimming pool, or a spa shall maintain a fence, wall, hedge or structure at least five (5) feet high completely enclosing the pool or spa. Opening, holes or gaps in the fence (including picket fence opening widths) shall not exceed four (4) inches in any dimension, except for openings protected by doors or gates. Each gate shall be equipped with a self-closing and self-latching device designed to keep the gate or door securely closed at all times when not in actual use, except that a door in a building wall which forms any part of the enclosure need not be so equipped. The latching device of the gate or door shall be at least three and one-half (3½) feet above the deck or walkway. The bottom of the fence or gate shall be constructed within four (4) inches of finished grade. Any building wall or structure, natural barrier (such as a hill or gully), listed pool covers (capable of supporting live loads due to human weight), which in the opinion of the Director of Building Services is adequate for such purpose, may be used as a part of or in-lieu of such enclosure.

(h)

Enclosure, exception. When a swimming pool is on a parcel having an area of at least five (5) acres used for single-family residential or agricultural purposes and occupied by one (1) family, and all of the pool is located at least two hundred (200) feet from the property line and is completely screened from view from adjacent public rights-of-way, no enclosure is required by subsections (g) through (j) of this section. In such event, a permit shall be obtained from the Building Official, and the permit shall remain effective only as long as all conditions of this subsection continue to exist.

(i)

Enclosure gates and doors. Any gate or door in the enclosure shall be equipped with a self-closing and self-latching device effective to keep the gate or door securely closed at all times. The device shall either be placed at least four (4) feet nine (9) inches above ground level or shall otherwise be made inaccessible to children.

(j)

Enclosures deemed structures. The enclosure required by subsection (g) of this section is deemed to be a structure within the meaning of the term as it is used in the building code.

(k)

Inspection. Final inspection and approval of all swimming pools shall be withheld until all the requirements of either subsection (g) or (h) of this section have been met.

(l)

Enforcement. All regulations concerning the enclosing of swimming pools shall be enforced by the Building Department.

(Ord. No. 1316, §§ 3.55.010—3.55.095, 6-7-76; Ord. No. 1855, § I, 6-3-91)

(a)

Scope. Home occupations are allowed in any dwelling in any zone, even if the dwelling is nonconforming, subject to the following regulations:

(1)

No premises shall be used for a home occupation unless the user has a home occupation permit.

(2)

There shall be no employees other than members of the resident family.

(3)

There shall be no materials or mechanical equipment used which are not such as would be employed in normal household or hobby activities.

(4)

The home occupation shall not involve the presence of more than one (1) customer on the premises at any time.

(5)

The home occupation shall not cause pedestrian or vehicular traffic or the parking of vehicles either on the premises or on public or private streets or sidewalks adjacent to the premises in numbers or volumes which exceed that which is usual in the Town at comparable places of residence where there is no home occupation.

(6)

There shall be no use of commercial vehicles for delivery of materials to or from the premises.

(7)

There shall be no storage of materials or supplies indoors or outdoors in a manner which is visible from adjacent premises or public ways.

(8)

There shall be no advertising signs or structures.

(9)

The home occupation shall not be conducted in such a way as to decrease the total number of required or available off-street parking spaces for the premises.

(10)

Cottage food operations are allowed as home occupations so long as the cottage food operations are in compliance with the requirements for those operations contained in the California Government Code and with the California Health and Safety Code, as amended. Cottage food operations are limited to the registered or permitted area by the County of Santa Clara Department of Environmental Health.

(11)

The home occupation shall not alter the single-family residential character of any portion of the premises.

(12)

The home occupation shall not result in the emission of noise, dust, smoke, odor or radiation which results in interference with radio or television reception.

(13)

The foregoing subsections (2) through (12) expressly prohibit acts and conditions, are not an exclusive listing of the limitations on the conduct of home occupations, and no home occupations shall be conducted in a manner inconsistent with the definition of "home occupation" set out in section 29.10.020 of this Code to the effect that the use shall not be discernible from the exterior of the dwelling unit.

(b)

Statement. The Planning Director may, before issuing a permit, require that each applicant sign a statement certifying that the home occupation will comply with the provisions of the definition of "home occupation" in section 29.10.020 and subsection (a) of this section, but is not required to rely on such statement, and may make such investigation as the Planning Director deems necessary to determine whether the home occupation will be conducted in compliance with this section.

(c)

Denial. The Planning Director shall not issue a home occupation permit where the Planning Director finds that the home occupation will not comply with the provisions of the definition of "home occupation" in section 29.10.020 and subsection (a) of this section.

(d)

Investigation. The Planning Director shall revoke any home occupation permit when this chapter or a condition of the permit is violated.

(e)

Revocation. Before revoking a home occupation permit, the Planning Director shall give the permittee ten (10) days' notice in writing that revocation is under consideration, shall consider whatever evidence the permittee wishes to present to contest the revocation, and shall give [the] permittee written notice of the decision. Both notices shall be mailed to the address given by the permittee in the application for the home occupation permit or such other address as the permittee has provided the Planning Director.

(f)

Prohibited uses. The following uses are prohibited:

(1)

Retail sales of firearms, ammunition and/or destructive devices.

(2)

Medical offices/uses.

(3)

Contractor/contracting services which have crews that meet on site prior to traveling to another job site, or which require the storage of building materials or equipment on site, or which will park or store vehicles or construction equipment on site.

(4)

On site dining for cottage food operations.

(5)

Food catering, excluding cottage food operations that are allowed under and fully comply with the requirements therefore contained within the California Government Code and the California Health and Safety Code, together with applicable regulations promulgated thereunder, as amended.

(Ord. No. 1316, §§ 3.60.010—3.60.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2248, § I, 12-15-15)

(a)

Scope. Applications for demolition permits (Uniform Building Code, section 301(a), or any successor section) filed with the Building Department shall be submitted to the Planning Director for approval unless such permit is required as part of a code enforcement action by the Building Official, Council, or other authorized agency.

(b)

Approval of permits. The Planning Director may approve the demolition permit application if:

(1)

It is accompanied by a building permit for a replacement structure which meets all town regulations and has received all required approvals, or

(2)

It is for demolition of an accessory building or structure.

(c)

Demolition of historic structures. A demolition permit for a historic structure may only be approved if:

(1)

The structure poses an imminent safety hazard; or

(2)

The structure is determined not to have any special historical, architectural or aesthetic interest or value.

Any request to demolish an historic structure shall be reviewed by the Historic Preservation Committee. All applications to demolish an historic structure which has been identified as a contributor to an existing historic district, a potential historic district, or is eligible for local designation shall be accompanied by a detailed report describing all aspects of the structure's physical condition and shall incorporate pertinent information from the Town's Historic Resources Inventory describing the structure's historical and architectural characteristics. This report shall be prepared by a qualified person knowledgeable in historic preservation under contract with the Town at the applicant's expense. Applications for all other historic structures proposed for demolition shall be accompanied by a detailed report describing all aspects of the structure's physical condition prepared by an architect, licensed design professional or registered civil engineer at the applicant's expense.

(d)

Architecture and site approval required. Issuance of a demolition permit requires architecture and site approval if:

(1)

The conditions of subsection (b)(1) are not met, or

(2)

An application is for demolition of an accessory building or structure and the Planning Director determines for any reason that the accessory building or structure ought not to be demolished.

(e)

Findings. In architecture and site approval proceedings, the deciding body shall consider:

(1)

Maintaining the Town's housing stock.

(2)

Preservation of historically or architecturally significant buildings or structures.

(3)

Property owner's desire or capacity to maintain the structure.

(4)

Economic utility of the building or structure.

(f)

Verification that work will not result in a demolition: Prior to issuance of a building permit and/or zoning approval for an addition where the work will result in the removal of over forty (40) percent of the exterior walls, the developer shall submit written verification from a registered structural engineer, certifying that the exterior walls shown to remain are structurally sound and will not be required to be removed for the addition. Prior to issuance of a building permit, the property owner and contractor shall sign an affidavit to the town that they are aware of the town's definition of a demolition and the penalties associated with an unlawful demolition.

(g)

Penalties for unlawful demolition: A property owner who has unlawfully demolished a structure shall:

(1)

File the required Planning and Building Department applications and pay the required fees as established by resolution for new applications and for work unlawfully completed.

(2)

Be subject to the greater of the following penalties set by the Planning Director as an administration order:

a.

If the structure has a Landmark Historic Preservation designation a fine equaling fifteen (15) percent of the building permit valuation at the time of demolition, as determined by the Planning Director; or

b.

If the structure was an historic residence and does not have a Landmark Historic Preservation overlay zone, the fine shall be equal to ten (10) percent of the building permit valuation at the time of demolition, as determined by the Planning Director.

If no building permit was issued, the fine shall be assessed on the building permit filed for the replacement structure.

(3)

In all cases, no changes to the previously approved plans may be made except as determined by the Planning Director to meet current zoning and building code requirements. No building permits for new construction at this site shall be approved until the required applications have been filed and approved and the required penalty fee has been paid.

(h)

Collection of penalty fees. The Town may collect the assessed penalty fees by use of all legal means including the recordation of a lien.

(1)

Whenever the amount on the penalty fee pursuant to this chapter has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation has occurred.

(2)

The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administration order shall have the force and effect and priority of a judgement lien governed by the provisions of sections 697.340 of the Code of Civil Procedure and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(3)

Interest shall accrue on the principal amount of the judgement remaining unsatisfied pursuant to law.

(4)

Prior to recording any such lien, the Planning Director shall prepare and file with the Town Clerk a report stating the amounts due and owing.

(5)

The Town Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by Town Council.

(6)

The Planning Director shall cause written notice to be served on the property owner not less than ten (10) days prior to the time set for the hearing.

a.

Demolition for Corrective Maintenance. If during the construction process for an approved construction the developer has determined that the structure is in a deteriorated condition, that cannot be repaired, an architecture and site application can be filed requesting a demolition without a penalty provided the following conditions have been met:

1.

Construction work has ceased, and

2.

The work completed prior to filing the application does not classify as a demolition, and

3.

Documentation has been provided to justify the necessity of the demolition, and

4.

No changes to the previously approved plans will be made except as determined by the Planning Director to meet current zoning and building code requirements.

If a planning filing fee was paid for the original addition, this fee shall be credited to the architecture and site application fee. If the Development Review Committee determines that the application cannot be approved, the applicant shall pay the credited fee for the architecture and site application if the application is appealed to the Planning Commission.

(j)

Salvage of building materials. When demolition of a structure is allowed, the Town shall provide the developer of the structure to be demolished with information about the recycling of building materials. Prior to the issuance of the demolition permit, the developer shall provide the Planning Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town's demolition inspection. No recycling of materials shall occur until a demolition permit has been approved by the Building Department.

(Ord. No. 1316, §§ 3.65.010—3.65.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1789, § V, 5-15-89; Ord. No. 1887, § I, 2-3-92; Ord. No. 2083, § I, 5-7-01; Ord. No. 2149, § I, 5-1-06)

No direct or reflected glare, such as that produced by floodlight, high temperature processes such as combustion or welding, or other processes, visible from outside any boundary line of property on which the glare is produced, is permitted. Glare causing sky illumination must be controlled by reasonable means so that it will not inconvenience or annoy anyone nor unreasonably interfere with the use and enjoyment of property.

(Ord. No. 1316, § 3.70.150, 6-7-76; Ord. No. 1349, 3-21-77)

Mobile homes or other temporary structures may be permitted upon approval by the deciding body. Such approval shall be given only under the following conditions during the period of occupancy:

(1)

Adequate parking will be maintained;

(2)

Utilities are available as required by ordinance;

(3)

Restrooms are available as required by the Chief Building Official;

(4)

The structure will not have a long-term adverse impact on the adjacent neighborhood;

(5)

Approval shall be granted for a specific time limit;

(6)

Landscaping appropriate to the site and duration of the use is provided.

(Ord. No. 1316, § 3.75.010, 6-7-76; Ord. No. 1521, 11-2-81)

(a)

Intent. This section regulates the issuance of grading permits (chapter 70 of the Uniform Building Code) and is intended to protect public and private lands from erosion, earth movement, flooding, and assure preservation of the natural scenic character of the Town by establishing standards relating to land grading, excavations and fills, and removal of vegetation, by establishing procedures by which these standards may be enforced.

(b)

Development Review Committee approval required. No grading permit shall be issued without Development Review Committee approval. Approval shall not be granted for grading unless the purpose for which the grading is proposed is essential for a use permitted by this chapter and unless the grading will be compatible with its environs and will result in the least disturbance of the terrain.

(c)

Exceptions. Development Review Committee approval is not required when in the opinion of both the Town Engineer and the Building Official:

(1)

The grading is limited to street improvement work over which the Town exercises inspection authority.

(2)

The grading is necessary to accommodate construction which has already received Town approval and the record shows that the specific grading was considered during the approval proceedings.

(d)

Considerations in review of applications. The deciding body shall consider the following factors:

(1)

Whether the grading is needed for a use that has been approved or which is approved in the course of the same proceedings;

(2)

How the grading will look when compared with everything else around it;

(3)

Whether the landscape is unnecessarily scarred because of the grading or removal of vegetation.

(Ord. No. 1316, §§ 3.80.010—3.80.040, 6-7-76; Ord. No. 1349, 3-21-77; Ord. No. 1375, 11-21-77; Ord. No. 1815, §§ I, II, 3-19-90)

Editor's note— Ord. No. 2306, § I, adopted Apr. 21, 2020, deleted § 29.10.09050 entitled "Large family day care homes," which derived from Ord. No. 1842, § I(3.99), adopted Apr. 1, 1991.

This division is adopted because the Town of Los Gatos is forested by many native and non-native trees and contains individual trees of great beauty. The community of the Town benefit from preserving the scenic beauty of the Town, preventing erosion of topsoil, providing protection against flood hazards and risk of landslides, counteracting pollutants in the air, maintaining climatic balance, and decreasing wind velocities. It is the intent of this division to regulate the removal of trees within the Town in order to retain as many trees as possible consistent with the purpose of this section and the reasonable use of private property. While trees provide multiple benefits, it is also the intent of this division to acknowledge that a portion of the Town is located in a Very High Fire Hazard Severity Zone, as defined by the California Department of Forestry and Fire Protection (CAL FIRE) and the associated wildfire threat that exists for the community. It is the intent of this division to preserve as many protected trees as possible throughout the Town through staff review and the development review process. Special provisions regarding hillsides are included in section 29.10.0987 of this division in recognition of the unique biological and environmental differences between the hillside and non-hillside areas of the Town. This section does not supersede the provisions of Chapter 26 of this Code.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section:

Building envelope means the area of a parcel (1) upon which, under applicable zoning regulations, a structure may be built outside of required setbacks without a variance or; (2) that is necessary for the construction of primary access to structures located on the parcel, where there exists no feasible means of access which would avoid protected trees. On single-family residential parcels, the portion of the parcel deemed to be the building envelope access shall not exceed ten (10) feet in width.

Certified or consulting arborist means an individual in the profession of arboriculture who, through experience, education, and related training, possesses the competence to provide a tree report, tree survey or supervise the care and maintenance of trees; and who is certified by the International Society of Arboriculture, a member of the American Society of Consulting Arborists or approved by the director.

Damage means any action undertaken intentionally or negligently which causes short-term or long-term injury, death, or disfigurement to a tree. This includes but is not limited to mechanical injury, cutting of roots or limbs, poisoning, over-watering, relocation or transplanting a tree, or trenching, grading, compaction, excavating, paving, or installing impervious surface within the root zone of a protected tree.

Dead tree means a tree that cannot be restored to good health and has at least one (1) of the following characteristics:

(1)

Is completely devoid of life;

(2)

Has no leaves at a time when it should;

(3)

Exhibits no buds if dormant;

(4)

Is incapable of translocating food and water between leaves and roots; or

(5)

Has a high likelihood of imminent death in the opinion of the Town Arborist.

Destroy means to cause the premature decline of tree health or life as evaluated and determined by the Town Arborist.

Defensible Space means an area around the perimeter of a structure in which vegetation, debris, and other types of combustible fuels are treated, cleared, or reduced to slow the rate and intensity of potentially approaching wildfire or fire escaping from structures.

Development means any work upon any property in the Town which requires a subdivision, rezoning, planning permit, variance, use permit, building permit, demolition permit, grading permit or other Town approval or which involves survey work, story pole placement, excavation, landscaping, construction, etc., or clearing and grubbing within the dripline or any area that would affect a protected tree.

Diameter means measurement of the trunk diameter for the purpose of applying this section shall be made four and one-half (4.5) feet (fifty-four (54) inches) above natural grade. Measurement of multi-trunked trees shall be determined by the sum of all trunk diameters measured at four and one-half (4.5) feet (fifty-four (54) inches) above natural grade.

Director means the Director of Community Development or the Director's designated representative.

Dripline area means the area around the trunk of the tree extending out a distance ten (10) times the diameter of the trunk, or the perimeter of the tree canopy, whichever is greater.

Heritage tree means a tree or grouping of trees specifically designated by action of the Town Council, upon the recommendation of the Historic Preservation Commission, that possess exceptional aesthetic, biological, cultural, or historic value and is expected to have a continuing contribution to the community,

Hillside means all properties located within the area defined by the hillside area map as contained in the Town of Los Gatos Hillside Development Standards and Guidelines.

Large protected tree means any oak (Quercus), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference).

Mechanical injury means injury done to a tree either intentionally or negligently that leads to deviation from normal growth or physical damage or death to the tree. Common causes of mechanical injury are landscape maintenance equipment, staking damage, vehicles, or vandalism.

Multi-trunk tree means a tree that has more than one (1) major supporting stem or trunk growing from a single root mass located at ground level or just above the trunk flare.

Native means any tree that is found in the immediate natural habitat. For instance, redwood trees are native to the Santa Cruz Mountains but they are not native to the oak woodlands and chaparral areas of Los Gatos.

Pollarding means a pruning technique where the ends of the branches of a tree are terminated with a heading cut to a predetermined length, and then resultant epicormic shoots that emerge from just below the heading cut are cut back on an annual basis, forming an enlarging "knob" or knuckle" at the end of the remaining branches over time. Pollarding should be done on small branches no more than two (2) inches in diameter and is only allowed without a permit on fruitless mulberry trees (Morus alba) or other species approved by the Town Arborist.

Protected tree means a tree regulated by the Town of Los Gatos as set forth in Section. 29.10.0960, Scope of protected trees.

Pruning means the selective removal of plant parts to meet specific goals and objectives, including but not limited to: safety and risk reduction; clearance; health maintenance; aesthetic improvement; growth control; and to enhance performance or function by developing and preserving tree structure and health. All pruning shall be in accordance with the current version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management-Standard Practices, (Pruning).

Public nuisance, means any tree, shrub, plant or part thereof growing in, or overhanging, a public street or right-of-way, interfering with the use of any public street or public place in the Town, or tree which, in the opinion of the Director, endangers the life, health, safety, comfort or property of any persons using such public street, or in such public place, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance.

Public place means any road or street, or public school, or place of public assemblage, or real property, building, or other space or area which is open to public access, and which is under public control, or maintained at public expense, or which the Town or the County of Santa Clara, or the State of California, or the United States, as the case may be, owns some or all interest or which it leases.

Public street means all or any portion of territory within the Town set apart and designated for the use of the public as a thoroughfare for travel, including the sidewalks, curb and gutter.

Remove means any of the following: (1) Complete removal, such as cutting to the ground or extraction, of a protected tree or one (1) of its multi-trunks; (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to severe pruning, cutting, girdling, poisoning, overwatering, unauthorized relocation or transplanting of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.

Severe pruning means topping or removal of foliage or significant scaffold limbs or large diameter branches so as to cause permanent damage and/or disfigurement of a tree, and/or which does not meet specific pruning goals and objectives as set forth in the current version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management-Standard Practices, (Pruning). Severe Pruning shall also include pruning as described in section 29.10.1010(3) of this chapter.

Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15) feet high at maturity.

Significant impact on a property from a tree means an unreasonable interference with the normal and intended use of the property. In determining whether there is a significant impact, the typical longevity of the subject tree species, the size of the tree relative to the property, and whether the condition can be corrected shall be considered. Normal maintenance, including but not limited to pruning not requiring a permit under this division, and leaf removal and minor damage to paving or fences shall not be considered when making a determination of significant impact.

Street tree means a tree in a public place, or along or within a public street or right-of-way.

Topping means the practice of cutting back large diameter branches of a tree, including but not limited to cutting of a central leader, to some predetermined lower height to reduce the overall height of the tree, where the remaining buds, stubs or lateral branches are not large enough to assume a terminal role.

Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi stemmed trunk system with a more or less definitely formed crown, and is usually over ten (10) feet high at maturity.

Tree canopy replacement standard means a replacement tree formula to mitigate removal of a protected tree. The standard is based on measuring the widest distance across the canopy of a tree for the purpose of determining the mitigating size and number of replacement trees.

Tree protection zone (TPZ) means the area of a temporary fenced tree enclosure under the tree's dripline or as specified in a report prepared by a certified or consulting arborist. The TPZ is a restricted activity zone before and after construction where no soil disturbance is permitted unless approved and supervised by the certified or consulting arborist.

Tree Risk Rating means a categorization of risk based on an assessment of the likelihood of failure and impact and the consequences such failure and impact would have on life, property, utilities, or essential transportation systems. For purposes of this division, Tree Risk Rating shall be the rating of tree risk as provided for in the International Society of Arboriculture (ISA) Tree Risk Assessment Best Management Practices Tree Risk Rating Matrix, which categorizes risk as Extreme, High, Moderate or Low.

Tree value standard means the method of appraising a tree's value to a property using the Trunk Formula Method or Replacement Cost Method as described in the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species Classification and Group Assignment by the Western Chapter of the International Society of Arboriculture (ISA).

Trunk means the primary structural woody part of the tree beginning at and including the trunk flare and extending up into the crown from which scaffold branches grow.

Trunk flare means the area at the base of the plant's trunk where it broadens to form roots and is the transition area between the root system and the trunk.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20; Ord. No. 2331, § 1, 5-3-22)

This division shall apply to every property owner and to every person, corporation, partnership, sole proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees protected by this division are:

(1)

All trees which have a twelve-inch or greater diameter (thirty-seven and one-half-inch circumference) of any trunk or in the case of multi-trunk trees, a total of eighteen inches or greater diameter (fifty-six and one-half-inch circumference) of the sum of all trunks, where such trees are located on developed residential property.

(2)

All trees which have an eight-inch or greater diameter (twenty-five-inch circumference) of any trunk or in the case of multi-trunk trees, a total of eight inches or greater diameter (twenty-five-inch circumference) of the sum of all trunks, where such trees are located on developed Hillside residential property.

(3)

All trees of the following species which have an eight-inch or greater diameter (twenty-five-inch circumference) located on developed residential property:

a.

Blue Oak (Quercus douglasii);

b.

Black Oak (Quercus kellogii);

c.

California Buckeye (Aesculus californica);

d.

Pacific Madrone (Arbutus menziesii).

(4)

All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required.

(5)

Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject of such approval or otherwise covered by subsection (6) of this section (e.g., landscape or site plans).

(6)

Any tree that was required by the Town to be planted or retained by the terms and conditions of a development application, building permit or subdivision approval in all zoning districts, tree removal permit or code enforcement action.

(7)

All trees, which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk and are located on property other than developed residential property.

(8)

All publicly owned trees growing on Town lands, public places or in a public right-of-way easement, which have a four-inch or greater diameter (twelve and one-half-inch circumference) of any trunk.

(9)

A protected tree shall also include a stand of trees, the nature of which makes each dependent upon the other for the survival of the stand.

(10)

The following trees shall also be considered protected trees and shall be subject to the pruning permit requirements set forth in section 29.10.0982 and the public noticing procedures set forth in section 20.10.0994:

a.

Heritage trees;

b.

Large protected trees.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

Except as provided in section 29.10.0970, it shall be unlawful:

(1)

To remove or cause to be removed any protected tree in the Town without first obtaining a permit pursuant to this chapter.

(2)

To prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period, affecting twenty-five (25) percent or more of any protected tree without first obtaining a permit pursuant to this chapter.

(3)

To prune, trim, or cut any branch or root greater than four (4) inches in diameter (twelve and one-half (12.5) inches in circumference) of a Heritage tree or large protected tree without first obtaining a permit pursuant to this chapter.

(4)

To conduct severe pruning as defined in section 29.10.0955 without first obtaining a permit pursuant to this chapter.

(5)

For any person or business entity engaged in the business of removing trees or tree care to perform work requiring a permit under this division without first obtaining a permit under this division. The permit shall be posted on-site at all times during the removal or permitted pruning of a tree and must be made available upon request from the Chief of Police, Code Compliance Officer, Director of Parks and Public Works Department, or their designee. After a second violation, the Los Gatos business license of the violating person or entity shall be suspended for a period of one (1) year.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

The following trees are excepted from the provisions of this division and may be removed or severely pruned without Town approval or issuance of a tree removal permit:

(1)

A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference).

(2)

Any of the following trees that are less than twenty-four (24) inches in diameter (seventy-five (75) inches in circumference):

a.

Black Acacia (Acacia melanoxylon)

b.

Tulip Tree (Liriodendron tulipifera)

c.

Tree of Heaven (Ailanthus altissima)

d.

Blue Gum Eucalyptus (E. globulus)

e.

Red Gum Eucalyptus (E. camaldulensis)

f

Other Eucalyptus (E. spp.)-Hillsides only

g.

Palm (except Phoenix canariensis)

h.

Privet (Ligustrum lucidum)

(3)

Any removal or maintenance of a tree to conform with the implementation and maintenance of Defensible Space per Chapter 9 - Fire Prevention and Protection with the exception of any tree listed in subcategories (3) and (10) of Section 29.10.0960 - Scope of Protected Trees.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20)

A protected tree may be removed or severely pruned without a permit where it presents an imminent danger to life, property, utilities or essential transportation systems and a Tree Risk Rating of Extreme or High is present. In such event, the property owner or representative shall be responsible for the following:

(1)

Notify the Town Parks and Public Works Department during business hours or the Police Department after business hours and request authorization of the proposed emergency action, including removal or severe pruning.

(2)

Emergency action may be authorized by the Director, Town Manager, Parks and Public Works Director, Town Arborist or their designees, or a member of the police or fire department or other emergency personnel when the situation and conditions warrant immediate action to protect life or property and other Town officials are unavailable.

(3)

No later than seventy-two (72) hours after the emergency action has been taken the property owner shall submit photo documentation and written verification to the Town confirming the emergency condition and describing the action taken.

If the Director determines that the condition was not reasonably determined to have been an emergency requiring immediate action, the person responsible for removing or damaging the protected tree shall be subject to fines and penalties as set forth in section 29.10.1025.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

Applications for a protected tree removal or severe pruning permit for trees on private property shall be available from and filed with the Town as indicated on the application. Application submittals for the removal of trees on public property (street trees) are provided for in section 26.10.060 of the Town Code. Applications for tree removal or severe pruning on private property may be granted, denied or granted with conditions. Application submittals for removal or severe pruning of trees on private property shall include the following minimum information for staff review:

(1)

A completed tree removal application form, signed by the property owner.

(2)

A written explanation of why each tree(s) should be removed or pruned and how it meets the Town's Standards of Review.

(3)

Photograph(s) of the tree(s).

(4)

If required by the Director, a certified or consulting arborist's written assessment of the tree's disposition shall be provided for review by the Town. The report shall be signed by the arborist and include tree size (diameter, height, crown spread); location on the site; numbered on a site plan or arborists tree survey (if there is more than one (1) tree); condition of health; condition of structure; and if tree risk findings apply, a Tree Risk Assessment and Rating must be completed using the most recent version of the Tree Risk Assessment Best Management Practices or any successor document published by the International Society of Arboriculture. Other information, images, etc. may be included in the report.

(5)

If structural damage to a building, major landscape feature, or appurtenance, including utilities is the basis for the request, a report from a licensed architect or engineer may also be required in addition to an arborist report. This additional report shall describe what modifications to buildings, structures, improvements or utilities would be required to mitigate the damage(s) directly caused by the tree.

(6)

Payment of permit fee, as established by Town resolution.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

A pruning permit is required where pruning of branches or roots greater than four (4) inches in diameter is proposed for any Heritage tree or large protected tree. Applications shall be available from and filed with the Town. Applications for pruning may be granted, denied or granted with conditions. Application submittals under this section shall include the following minimum information for staff review:

(1)

A completed pruning permit application, signed by the property owner.

(2)

A written description of the proposed pruning including the pruning objectives and pruning methods to be used consistent with International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management-Standard Practices, (Pruning).

(3)

Photographs of the tree indicating as best possible where pruning is to occur.

(4)

If required by the Director, a certified or consulting arborist's written report describing the proposed pruning.

(5)

If structural damage to a building, major landscape feature, or appurtenance, including utilities is the basis for the request, a report from a licensed architect or engineer may be required in addition to an arborist report. This additional report shall describe what modifications to buildings, structures, improvements or utilities would be required to mitigate the damages directly caused by the tree.

(6)

Payment of permit fee, as established by Town resolution.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

The Director shall determine whether to grant a permit. The Director may consult with other Town departments or outside agencies at his/her discretion. When a development application for any zoning approval, or subdivision of land, including lot line adjustment, is under consideration by the Planning Commission, the determination on the tree removal permit shall be made concurrently by the Planning Commission with the related matter. The Director or the deciding body may mpose, except when removal is permitted if the tree is dead or a Tree Risk Rating of Extreme or High is present, as a condition on which a protected tree removal permit is granted that two (2) or more replacement trees of a species and a size designated by the Director or designee, shall be planted in the following order of preference:

(1)

Two (2) or more replacement trees, of a species and size designated by the Director, shall be planted on the subject private property. Table 3-1, Tree Canopy-Replacement Standard shall be used as a basis for this requirement. The person requesting the permit shall pay the cost of purchasing and planting the replacement trees.

(2)

If a tree or trees cannot be reasonably planted on the subject property, an in-lieu payment in an amount set forth by the Town Council by resolution shall be paid to the Town Tree Replacement Fund to:

a.

Add or replace trees on public property in the vicinity of the subject property; or

b.

Add or replace trees or landscaping on other Town property; or

c.

Support the Town's urban forestry management program.

Table 3-1 — Tree Canopy — Replacement Standard

Notes

¹  To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size.

²  Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree may be replaced with a combination of both the Tree Canopy Replacement Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund.

³  Single Family Residential Replacement Option is available for developed single family residential lots under n thousand (10,000) square feet that are not subject to the Town's Hillside Development Standards and Guidelines. All fifteen-gallon trees must be planted on-site. Any in-lieu fees for single family residential shall be based on twenty-four-inch box tree rates as adopted by Town Council.

⁴  Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy and other relevant factors. Replacement with native species shall be strongly encouraged but is required for Hillside properties, as per section 29.10.0987, Special Provisions Hillsides, with tree species per Hillside Development Standards and Guidelines Appendix A.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive habitat which is also a key component of the Town's identity, character and charm. In order to maintain and encourage restoration of the hillside environment to its natural state, the Town has established the following special provisions for tree removal and replacement in the hillsides:

(1)

All protected trees located thirty (30) or more feet from the primary residence that are removed shall be replaced with native trees listed in Appendix A Recommended Native Trees for Hillside Areas of the Town of Los Gatos Hillside Development Standards and Guidelines (HDS&G).

(2)

All protected trees located within thirty (30) feet of the primary residence that are removed shall be replaced as follows:

(a)

If the removed tree is a native tree listed in Appendix A of the HDS&G, it shall only be replaced with a native tree listed in Appendix A of the HDS&G.

(b)

If the removed tree is not listed in Appendix A, it may be replaced with a tree listed in Appendix A, or replaced with another species of tree as approved by the Director.

(c)

Replacement trees listed in Appendix A may be planted anywhere on the property.

(d)

Replacement trees not listed in Appendix A may only be planted within thirty (30) feet of the primary residence.

(3)

Replacement requirements shall comply with the requirements in Table 3-1, Tree Canopy—Replacement Standard of this Code.

(4)

Property owners should be encouraged to retain dead or declining trees where they do not pose a safety or fire hazard, in order to foster wildlife habitat and the natural renewal of the hillside environment.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

The Director or deciding body shall review each application for a tree removal permit required by this division using the following standards of review. The standards of review are intended to serve as criteria for evaluating tree removal requests and the basis upon which the Director or the deciding body will subsequently determine whether or not one (1) or more of the Required Findings listed in section 29.10.0992 can be made.

(1)

The condition of the tree or trees with respect to: (a) disease, (b) imminent danger of falling, (c) structural failure, (d) proximity to existing or proposed structures, (e) structural damage to a building, or (f) a public nuisance caused by a tree. The International Society of Arboriculture (ISA) Best Management Practices for Tree Risk Assessment shall be used where appropriate in determining a Tree Risk Rating.

(2)

The condition of the tree giving rise to the permit application cannot be reduced to a less than significant level by the reasonable application of preservation, preventative measures or routine maintenance.

(3)

The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent with the neighborhood.

(4)

The number of trees the particular parcel can adequately support according to good urban forestry practices, or whether a protected tree is a detriment to or crowding another protected tree.

(5)

In connection with a proposed subdivision of land into two (2) or more parcels, the removal of a protected tree is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.).

(6)

Except for properties located within the hillsides, the retention of a protected tree would result in reduction of the otherwise-permissible building envelope by more than twenty-five (25) percent.

(7)

The Hillside Development Standards and Guidelines.

(8)

Removal of the protected tree(s) will not result in a substantial adverse change in the site's aesthetic and biological significance; the topography of the land and the effect of the removal of the tree on erosion, soil retention, or diversion or increased flow of surface waters.

(9)

Whether the Protected Tree has a significant impact on the property. Significant impact from a tree is defined in section 29.10.0955. Definitions.

(10)

The species, size (diameter, canopy, height), estimated age and location on the property of the protected tree.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

The Director, Director's designee, or deciding body shall approve a protected tree removal permit, severe pruning permit, or pruning permit for Heritage trees or large protected trees only after making at least one (1) of the following findings:

(1)

The tree is dead, severely diseased, decayed or disfigured to such an extent that the tree is unable to recover or return to a healthy and structurally sound condition.

(2)

The tree has a tree risk rating of Extreme or High on the ISA Tree Risk Rating Matrix as set forth in the ISA Tree Risk Assessment Best Management Practices, or successor publication.

(3)

The tree is crowding other protected trees to the extent that removal or severe pruning is necessary to ensure the long-term viability of adjacent and more significant trees.

(4)

The retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly situated properties, and the applicant has demonstrated to the satisfaction of the Director or deciding body that there are no reasonable alternatives to preserve the tree.

(5)

The tree has, or will imminently, interfere with utility services where such interference cannot be controlled or remedied through reasonable modification, relocation or repair of the utility service or the pruning of the root or branch structure of the tree; or where removal or pruning is required by a public utility to comply with California Public Utility Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules or regulations.

(6)

The tree has caused or may imminently cause significant damage to an existing structure that cannot be controlled or remedied through reasonable modification of the root or branch structure of the tree.

(7)

Except for properties within the hillsides, the retention of the protected tree would result in reduction of the otherwise-permissible building envelope by more than twenty-five (25) percent.

(8)

The removal of the tree is unavoidable due to restricted access to the property.

(9)

The removal of the tree is necessary to repair a geologic hazard.

(10)

The removal of the tree and replacement with a more appropriate tree species will enhance the Town's urban forest.

(11)

The removal of the tree is necessary to conform with the implementation and maintenance of Defensible Space per Chapter 9 - Fire Prevention and Protection per direction by the Fire Chief or his/her designee.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2303, § II, 2-4-20)

(1)

These procedures are established for the review of Heritage tree and large protected tree removal or pruning permit applications where a permit is requested for a tree that is not dead, severely disfigured, profoundly diseased, or an Extreme or High Risk on the ISA Tree Risk Rating Matrix, and where findings (1) or (2) above cannot be made.

(2)

In addition to the fee and application materials required by section 29.10.0980 or section 29.10.0982, the applicant will be required to submit one (1) set of stamped, addressed envelopes for neighboring residents and property owners. The Planning Department will assist the applicant in determining the properties to be notified (all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of it).

(3)

The Director shall review the application using the Standards of Review set forth in section 29.10.0990 and the Required Findings set forth in section 29.10.0992.

(4)

If the Director intends to approve the application, a "Notice of Pending Issuance of Tree Removal or Pruning Permit" will be mailed to neighboring residents and property owners including any applicable conditions, and required tree replacement requirements. The notice will describe the proposed tree removal or pruning, and that the permit will be issued unless there is an objection. Any interested party shall have ten (10) days from the date of the "Notice of Pending Issuance of Tree Removal or Pruning Permit" to notify the Director in writing of any concerns or problems.

(5)

If a written objection is not filed within the ten-day period, the permit will be issued. If a written objection is filed and a resolution is found that meets all parties' concerns then the permit will also be issued.

(6)

If an objection is filed in a timely manner and a mutually acceptable resolution cannot be agreed upon with the Director within ten (10) days, the objecting party shall be so advised and shall be provided an additional five (5) days to file a formal appeal of the tree removal or pruning permit with the Town, which shall be scheduled for consideration by the Planning Commission. All property owners and residents notified under section 29.10.0994(4) shall be notified of the Planning Commission meeting.

(7)

Trees removed illegally or damaged shall require the issuance of a retroactive tree removal permit. Once this retroactive permit is issued, and all conditions fulfilled, along with any assessed monetary penalties paid and replacement requirements completed , then any Stop Work Order shall be removed.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

(a)

Any application for a discretionary development approval, or for a building, grading or demolition permit where no discretionary development approval is required, shall be accompanied by a signed tree disclosure statement by the property owner or authorized agent which discloses whether any protected trees exist on the property which is the subject of the application, and describing each such tree, its species, size (diameter, canopy dripline area, height) and location. This requirement shall be met by including the following information on plans submitted in connection with the development application.

(b)

The location of all trees on the site and in the adjacent public right-of-way which are within thirty (30) feet of the area proposed for development, and trees located on adjacent property with canopies overhanging the project site, shall be shown on the plans, identified by species, size (diameter, canopy, dripline area, height), and location.

(c)

Within the dripline area or area that would affect a protected tree, the location of shrubs and other vegetation subject to development shall be shown on the plans.

(d)

The director may require submittal of such other information as is necessary to further the purposes of this division including but not limited to photographs.

(e)

Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading, trenching or paving.

(f)

Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this division.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

(a)

A tree survey shall be conducted prior to submittal of any development application proposing the removal of or impact to one (1) or more protected trees. The development application shall include a Tree Survey Plan and Tree Preservation Report based on this survey. The tree survey inventory numbers shall correspond to a numbered metal tag placed on each tree on site during the tree survey. Tree survey inventory number tags in place from previous tree surveys, if easily visible, shall be retained and used in any new tree survey report. The tree survey plan shall be prepared by a certified or consulting arborist, and shall include the following information:

(1)

Location of all existing trees on the property as described in section 29.10.0995;

(2)

Identify all trees that could potentially be affected by the project (directly or indirectly-immediately or in long term), such as upslope grading or compaction outside of the dripline;

(3)

Notation of all trees classified as protected trees;

(4)

In addition, for trees four (4) inches in diameter or larger, the plan shall specify the precise location of the trunk and crown spread, and the species, size (diameter, height, crown spread) and condition of the tree.

(b)

The tree survey plan shall be reviewed by the Town's consulting arborist who shall, after making a field visit to the property, indicate in writing or as shown on approved plans, which trees are recommended for preservation (based on a retention rating of high/moderate/low) using, as a minimum, the Standards of Review set forth in section 29.10.0990. This plan shall be made part of the staff report to the Town reviewing body upon its consideration of the application for new property development;

(c)

When development impacts are within the dripline of or will affect any protected tree, the applicant shall provide a tree preservation report prepared by a certified or consulting arborist. The report, based on the findings of the tree survey plan and other relevant information, shall be used to determine the health and structure of existing trees, the effects of the proposed development and vegetation removal upon the trees, recommendations for specific precautions necessary for their preservation during all phases of development (demolition, grading, during construction, landscaping); and shall also indicate which trees are proposed for removal. The tree preservation report shall stipulate a required tree protection zone (TPZ) for trees to be retained, including street trees, protected trees and trees whose canopies are hanging over the project site from adjacent properties. The TPZ shall be fenced as specified in section 29.10.1005:

(1)

The final approved tree preservation report shall be included in the building permit set of development plans and printed on a sheet titled: Tree Preservation Instructions (Sheet T-1). Sheet T-1 shall be referenced on all relevant sheets (civil, demolition, utility, landscape, irrigation) where tree impacts from improvements may be shown to occur;

(2)

The Town reviewing body through its site and design plan review shall endeavor to protect all trees recommended for preservation by the Town's consulting arborist. The Town reviewing body may determine if any of the trees recommended for preservation should be removed, if based upon the evidence submitted the reviewing body determines that due to special site grading or other unusual characteristics associated with the property, the preservation of the tree(s) would significantly preclude feasible development of the property as described in section 29.10.0990;

(3)

Approval of final site or landscape plans by the appropriate Town reviewing body shall comply with the following requirements and conditions of approval:

a.

The applicant shall, within ninety (90) days of final approval or prior to issuance of a grading or building permit, whichever occurs first, secure an appraisal of the condition and value of all trees included in the tree report affected by the development that are required to remain within the development using the Tree Value Standard methodology as set forth in this Chapter. The appraisal of each tree shall recognize the location of the tree in the proposed development. The appraisal shall be performed in accordance with the current edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species and Group Classification Guide published by the Western Chapter of the International Society of Arboriculture. The appraisal shall be performed at the applicant's expense, and the appraisal shall be subject to the Director's approval.

b.

The site or landscape plans shall indicate which trees are to be removed. However, the plans do not constitute approval to remove a tree until a separate permit is granted. The property owner or applicant shall obtain a protected tree removal permit, as outlined in section 29.10.0980, for each tree to be removed to satisfy the purpose of this division.

(d)

Prior to acceptance of proposed development or subdivision improvements, the developer shall submit to the Director a final tree preservation report prepared by a certified or consulting arborist. This report shall consider all trees that were to remain within the development. The report shall note the trees' health in relation to the initially reported condition of the trees and shall note any changes in the trees' numbers or physical conditions. The applicant, or their successors, will then be responsible for the removal or loss of any tree at any time during development that was not previously approved for removal. For protected trees which were removed, the developer shall pay a penalty in the amount of the appraised value of such tree in addition to replacement requirements contained in section 29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all trees within the development for a period of five (5) years following acceptance of the public improvements of the development or certificate of occupancy.

(e)

Prior to issuance of any demolition, grading or building permit, the applicant or contractor shall submit to the Building Department a written statement and photographs verifying that the required tree protection fence is installed around street trees and protected trees in accordance with the tree preservation report.

(f)

If required by the Director and conditioned as part of a discretionary approval, a security guarantee shall be provided to the Town. Prior to the issuance of any permit allowing construction to begin, the applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required to be preserved, or twenty-five thousand dollars ($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of one (1) year following acceptance of the public improvements for the development and shall be forfeited in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be preserved are removed, destroyed or severely damaged.

(g)

An applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done using directional boring, air-spade excavation or by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arborist.

(h)

It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any development approval condition concerning preservation, protection, and maintenance of any protected tree.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

(a)

Protective tree fencing shall specify the following:

(1)

Size and materials. Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than ten-foot spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base.

(2)

Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with two-inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches.

(3)

Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence.

(4)

Warning sign. Each tree fence shall have prominently displayed an eight and one-half-inch by eleven-inch sign stating: "Warning—Tree Protection Zone—This fence shall not be removed and is subject to penalty according to Town Code 29.10.1025."

(b)

All persons, shall comply with the following precautions:

(1)

Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction.

(2)

Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director.

(3)

Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree.

(4)

Prohibit the attachment of wires, signs or ropes to any protected tree.

(5)

Design utility services and irrigation lines to be located outside of the dripline when feasible.

(6)

Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits.

(7)

The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

Tree pruning must not be done in a manner that is detrimental to the tree. Any action undertaken which intentionally or recklessly causes or tends to cause injury, death, or disfigurement to a tree is considered to be detrimental. Examples of actions which are detrimental to trees may include excessive cutting, poisoning, burning, over-watering, relocating, or transplanting a tree.

All tree pruning shall be in accordance with the current version of the International Society of Arboriculture Best Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant Management-Standard Practices, (Pruning) and any special conditions as determined by the Director. For developments, which require a tree preservation report, a certified or consulting arborist shall be in reasonable charge of all activities involving protected trees, including pruning, cabling and any other work if specified.

(1)

Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a protected tree shall obtain written permission from the Director before performing any work, including pruning, which may cause injury to a protected tree (e.g. cable TV/fiber optic trenching, gas, water, sewer trench, etc.).

(2)

Pruning for clearance of utility lines and energized conductors shall be performed in compliance with the current version of the American National Standards Institute (ANSI) A300 (Part 1)-Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when pruning, except where no other alternative is available, is prohibited.

(3)

No person shall prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period, affecting twenty-five percent or more of the crown of any protected tree without first obtaining a permit pursuant to this division except for pollarding of fruitless mulberry trees (Morus alba) or other species approved by the Town Arborist. Applications for a pruning permit shall include photographs indicating where pruning is proposed.

(4)

No person shall remove any Heritage tree or large protected tree branch or root through pruning or other method greater than four (4) inches in diameter (twelve and one-half (12.5) inches in circumference) without first obtaining a permit pursuant to this division.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title 29 (Zoning Regulations), Title 26 (Public Trees) or the Hillside Development Standards and Guidelines to require trees and other plants to be identified, retained, protected, and/or planted as conditions of the approval of development. In the event of conflict between provisions of this division and conditions of any permit or other approval granted pursuant to Chapter 29 or Chapter 26 of the Town Code or the Hillside Development Standards and Guidelines. The more protective requirements shall prevail.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

The Town shall vigorously enforce the provisions of this Chapter. All officers and employees of the Town shall report violations of this division to the Director of Community Development. Whenever an Enforcement Officer as defined in section 1.30.015 of the Town Code determines that a violation of this Code has occurred, the Enforcement Officer shall have the authority to issue an administrative citation pursuant to the provisions of section 1.30.020 of the Town Code.

Whenever an Enforcement Officer charged with the enforcement of this Code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the Town for violation of this division. While these remedies can be levied against any person, property owner, firm or corporation who intentionally or negligently violates any of the provisions of this chapter or any permit issued pursuant to it, or who fails to comply with any condition of any discretionary permit which relates to protected tree preservation, it is not the Town's intention to pursue such remedies against homeowners who unintentionally have minor violations of this chapter. These remedies are reserved for those entities who should have knowledge of such regulations from previous interactions or activity with the Town, such as information given during a previous or current application, and have nevertheless intentionally violated this chapter:

(1)

Tree removals in absence of or in anticipation of development.

a.

If a violation occurs in the absence of or prior to proposed development, then discretionary applications and/or building permit applications will not be accepted or processed by the Town until the violation has been remedied to the reasonable satisfaction of the Director. Mitigation measures as determined by the Director may be imposed as a condition of any subsequent application approval or permit for development on the subject property. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed or damaged illegally with a new tree(s) in the same location(s) as those illegally removed or damaged tree(s). In-lieu fees shall not be an option for this violation. The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in section 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works.

b.

The second violation of any provisions in this division during the conduct by any person or business of a tree removal, landscaping, construction, or other business in the Town shall constitute grounds for a one (1) year suspension of any business license issued to such entity. The Town shall require the property owner to disclose the name and address of the violating business as a necessary condition for removal of any Stop Work Order issued by the Town.

(2)

Pending development applications.

a.

Incomplete applications will not be processed further until the violation has been remedied. If an application has been deemed complete, it may be denied by the Director or forwarded to the Planning Commission with a recommendation for denial at the Director's discretion. Mitigation measures as determined by the director may be imposed as a condition of approval. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed or damaged illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). In-lieu fees shall not be an option for this violation. The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in section 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works.

b.

The second violation of any provisions in this division during the conduct by any person or company of a tree removal, landscaping, construction, or other business in the Town shall constitute grounds for a one (1) year suspension of any business license issued to such entity. The Town shall require the property owner to disclose the name and address of the violating business as a necessary condition for removal of any Stop Work Order issued by the Town.

(3)

Projects under construction.

a.

If a violation occurs during construction, the Town may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the Director, agreed to in writing by the property owner(s) or the applicant(s) or both, and either implemented or guaranteed by the posting of adequate security in the discretion of the Director. A mitigation plan shall include specific measures for the protection of any remaining trees on the property, and shall provide for the replacement of each hillside tree that was removed illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). In-lieu fees shall not be an option for this violation. The replacement ratio shall be at a greater ratio than that required in accordance with the standards set forth in section 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town. For those trees on public property, replacement is to be determined by the Director of Community Development or by the Director of Parks and Public Works.

b.

The second violation of any provisions in this division during the conduct by any person or company of a tree removal, landscaping, construction, or other business in the Town shall constitute grounds for a one (1) year suspension of any business license issued to such entity. The Town shall require the property owner to disclose the name and address of the violating business as a necessary condition for removal of any Stop Work Order issued by the Town

(4)

Criminal penalties. Notwithstanding section 29.20.950 relating to criminal penalty, any person who violates any provision of this chapter and is convicted of a misdemeanor shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment of not more than six (6) months or by both such fine and imprisonment. Each person convicted may be deemed guilty of a separate offense for every day and for every violation, as defined in Sec. 29.10.1031, during any portion of which any violation is committed.

(5)

Civil penalties. Notwithstanding section 29.20.950 and Section (4) above, relating to criminal penalty, any person, property owner, firm, or corporation who intentionally or negligently violates any of the provisions of this chapter or any permit issued pursuant to it, or who fails to comply with any condition of any discretionary permit which relates to protected tree preservation, shall be liable to pay the Town a civil penalty as prescribed in subsections a. through d.

a.

As part of any administrative and/or civil action brought by the Town, a hearing officer and/or court may assess against any person who commits, allows, or maintains a violation of any provision of this division an administrative and/or civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation. For damaged trees, in addition to civil penalties, the property owner will be required to obtain the services of an ISA certified arborist to determine the future viability of the tree and if salvageable, create a maintenance plan to restore the tree.

b.

Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount not to exceed five thousand dollars ($5,000.00) per tree unlawfully removed, or the replacement value of each such tree, whichever amount is higher. If the tree removal is related to any development or subdivision then the civil penalties shall be the value of the tree times four, plus all related staff costs. Such amount shall be payable to the Town and deposited into the Tree Replacement Fund. Replacement value for the purposes of this section shall be determined utilizing the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers and the Species and Group Classification Guide published by the Western Chapter of the International Society of Arboriculture.

c.

If the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good and healthy condition. The property owner shall execute a five-year written maintenance agreement with the Town.

d.

The cost of enforcing this division, which shall include all costs, staff time, and attorneys' fees.

(6)

Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation.

(7)

Costs. In any civil action brought pursuant to this division in which the Town prevails, the court shall award to the Town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

(8)

Remedies not exclusive. To the maximum extent permitted by law, administrative remedies specified in this chapter are in addition to and do not supersede or limit any and all other provided for herein shall be cumulative and not exclusive.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall accompany the removal or pruning permit application submitted to the Town for review and evaluation pursuant to this division.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

These monetary fines are in addition to any remediations described elsewhere in this section. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter is guilty of a violation of the Town Code. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person and shall be punishable as herein provided. To expand, violating any portion of this chapter for any tree will count as one (1) violation. For instance, if a tree is excessively trimmed using illegal spikes, then two (2) violations are committed. If two (2) such violations were committed to two (2) trees, then that totals to four (4) separate violations. Violations would also include those remediations required by a Town's Consulting Arborist, to be accrued at the rate of one (1) violation/day for each and every requirement.

Each violation is subject to a fine of five hundred dollars ($500.00). For continuing violations, the fee schedule is five hundred dollars ($500.00) for the first day and one thousand dollars ($1,000.00) for each subsequent day.

(Ord. No. 2331, § 1, 5-3-22)

If any provision of this division or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this division which can be given effect without the invalid provision or application, and to this end the provisions of this division are declared to be severable.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

All notices required under this division shall conform to noticing provisions of the applicable Town Code.

(Ord. No. 2240, § I(Exh. B), 6-2-15)

Any interested person, as defined in section 29.10.020 of the Town Code, may appeal a decision of the director, including the one-year suspension of a business license, pursuant to this division in accordance with the procedures set forth in section 29.20.260 of the Town Code. All appeals shall comply with the public noticing provisions of section 29.20.450 of the Town Code.

(Ord. No. 2240, § I(Exh. B), 6-2-15; Ord. No. 2331, § 1, 5-3-22)

Nothing in this chapter shall be deemed to impose any liability upon the Town or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property.

(Ord. No. 2331, § 1, 5-3-22)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state law.

Arcade means a covered passageway with business establishments along at least one (1) side.

Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs.

Attraction board is a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.

Awning is synonymous with marquee.

Billboard means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are signs erected upon benches.

Bulletin board is a sign located on the same premises as a church, school, hospital, or public building, and allowing changeable messages.

Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking lot located on the same parcel as the business frontage.

Canopy is synonymous with marquee.

Conformance means the state of being in conformity with the provisions of this division, either because of reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.

Construction sign is a sign located on a construction site during the course of construction, which identifies the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended.

Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency, such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.

Entity means any person and any distinct business enterprise even where adjacent business enterprises are owned or operated by a single person.

Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.

Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted either to display an advertising message or to attract attention to the sign. The face of a sign is often the front, but may be any surface including a rear or blank portion. A sign may have more than one (1) face and may be virtually all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two (2) faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the particular aspect in question is readily viewable from public property or any premises other than those where the sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are present. Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single perimeter, including the spaces between them.

Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an integral part of a building.

Ground sign is a freestanding sign less than seven (7) feet high.

Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground surface where the sign is erected, not taking into account mounding or other alterations to the surface made in regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.

Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the lot line in respect to which the business for which the sign is provided has its primary business frontage.

Marquee means a temporary or permanent structure attached to or supported by a building, designed for shelter over a pedestrian or vehicular way and which may or may not project over public property.

Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood, which serves only to identify the neighborhood.

Nonconforming sign is one which was lawfully erected but which does not comply with this division because of:

(1)

Annexation of territory to the Town;

(2)

Amendment to the zoning ordinance;

(3)

Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner of the real property where the sign is located.

However, a sign which was lawfully erected but which does not comply with this division because of:

(1)

Division of real property where the sign is located;

(2)

Alterations to any building on the lot or parcel where the sign is located; or

(3)

Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located; is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs.

Off-premises sign is any sign not located on the same parcel as the entity it advertises.

Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer entrance to a business.

Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure, or sign. "A"-frame and sandwich signs are portable signs.

Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.

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

Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors, created, adapted, or installed, by a person for the primary and apparent purpose of communicating a message, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building create a primary effect of advertising. Exceptions:

(1)

Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in the unusual manner might constitute a sign.

(2)

A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services.

(3)

Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.

Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall. For the purposes of measurement a six (6) inch margin around all of the words and symbols will be included in the perimeter composed of not more than eight (8) straight lines.

Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person authorized by this division to erect a sign.

Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light materials, intended to be displayed for fewer than ninety (90) days or a short period of time as set forth elsewhere in this division. Examples of temporary signs are yard signs, for sale signs, for rent signs, flags, balloons, and banners.

Time and temperature sign is a sign which shows time and/or temperature and which contains no advertising.

Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.

Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.

Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event, below the top of the structure. A sign which meets the definition of this section but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a wall sign.

Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.

Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed directly in or upon the ground on private property.

(Ord. No. 1316, §§ 3.31.010—3.31.190, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1519, 10-26-81; Ord. No. 2358, § I, 5-21-24)

(a)

Application. The regulations in this division apply to all signs in all zones. Regulations of the number and area of signs refer to the signs allowed on a parcel, except where the regulations prescribe the number and area of signs allowed on a business frontage.

(b)

Intent. The intent of this division is as follows:

(1)

The Town is a predominantly residential community of natural beauty, distinctive architecture and historic character. The economic stability of the Town is dependent upon its high quality and Town-oriented, commercial and residential environment. Unregulated and uncontrolled erection and maintenance of advertising structures tends to create a garish and gaudy atmosphere which is not in harmony with the character and environment of the business or residential community.

(2)

The purpose of a sign is to inform the general public that a business enterprise and function exists in the Town.

(3)

This chapter recognizes the right of the public to be directed, warned, advised, and informed; and also recognizes the economic need for a sign to function as a means of identification, expression of business character, and positive notification of product and service availability for consumption.

(4)

This chapter regulates the location, height, width, shape, proportion, design, illumination and construction (except as provided by building codes) of signs for the purpose of insuring that they are architecturally compatible with the planned image of the Town.

(5)

The purpose of this chapter is to assist in the continuation of existing and introduction of new commercial activities in architectural harmony with the existing and planned Town, to take advantage of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real property. To accomplish this:

a.

Local public values must be balanced with general public rights and economic functions related to signs.

b.

The size of a sign must be prevented from overpowering its surroundings or becoming a determinant factor in consumer evaluation of competitive enterprises.

c.

The shape of a sign must not conflict with the architectural lines of its setting.

d.

A sign must be prevented from overpowering its surroundings through hue, saturation, and brilliance or close combination of incompatible colors.

e.

Normal maintenance and speedy repair is required for all signs.

(c)

Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110. A building permit may be required by another ordinance.

(d)

Variances. The provisions of this chapter concerning variances are not available to modify the terms of this division.

(e)

Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign.

(f)

Noncommercial signs. Notwithstanding any provision of this section, signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

(Ord. No. 1316, §§ 3.30.010—3.30.070, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2358, § II, 5-21-24)

A sign permit is not required for the signs described in this section. The number and area of these signs are regulated only by this section and they are allowed in addition to signs of other classes.

(1)

House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad crossing signs, authorized traffic or parking signs and rural delivery boxes.

(2)

Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat against the wall of a building, which only show the name or address of a person or persons or entity occupying the area, up to a limit of six (6) plates per building.

(3)

Building directories. Building directories for buildings with more than six (6) tenants, the sign having an area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name or address of the persons or entitles occupying the building.

(4)

Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of erection, provided the sign does not exceed four (4) square feet in area.

(5)

Temporary Signs.

a.

On Fence or Building. One (1) nonilluminated sign on each street frontage for any fence or building where the sign is located, provided the sign does not exceed twelve (12) square feet in area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a residential zone. This exception is only available when all or part of the premises is actually available for sale or lease.

b.

At Intersection or on Parcel. Nonilluminated, off-site, portable signs are permitted, unlimited in total number, but limited to one (1) double-faced sign per corner of an intersection or parcel. The signs shall not exceed an area of two (2) feet by two (2) feet per face and shall not be more than four (4) feet high. Prior permission shall be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs shall be removed each day. Such signs are an exception to the rule prohibiting off-premises signs and signs on public property.

(6)

Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside and signs not visible from off the premises.

(7)

Convenience signs. Convenience signs not exceeding two (2) square feet in area providing directions only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be illuminated.

(8)

No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in area.

(9)

Window signs. Window signs not exceeding twenty-five (25) percent of the window area.

(10)

Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the business(es) controlling the parking lot.

(11)

Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations.

(12)

Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of one hundred (100) total square feet of floor area.

(13)

Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a public agency.

(14)

Special event signs. Any sign permitted by a special event permit issued under article X of chapter 14 of this Code.

(15)

Temporary signs on private property. With the exception of yard signs, any number of temporary signs on private property, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard signs, but no yard sign shall exceed six (6) square feet in size. All persons who erect temporary signs, including yard signs, or who own or control the premises where temporary signs are erected, are jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in this division. Temporary signs relating to an event, such as an election, shall be removed within seven (7) days after the event.

(Ord. No. 1316, §§ 3.32.010—3.32.070, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1731, 7-6-87; Ord. No. 1737, § VI, 11-2-87; Ord. No. 1738, 11-2-87; Ord. No. 1908, § III, 7-20-92; Ord. No. 2358, § III, 5-21-24; Ord. No. 2364, § III, 12-3-24)

Except as otherwise provided in this chapter, the signs described in this ssection are prohibited.

(1)

Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move.

(2)

Moving signs. Signs that rotate or move in any fashion, except barber poles.

(3)

Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of surrounding property or are a traffic hazard.

(4)

Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct the view from any living area in the building to which the sign is attached.

(5)

Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape.

(6)

Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or device.

(7)

Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.

(8)

Signs in public thoroughfare. Signs, placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in a public thoroughfare, except those defined in section 29.10.110(11) or permitted in accordance with section 29.10.120(4).

(9)

Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or trailers are parked in such a location or manner that it is clear the intention is to advertise the services of a business.

(10)

Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.

(11)

Off-premises signs. Off-premises signs, except those authorized by sections 29.10.110(5), (15), 29.10.120(2), (4), and 29.10.130(1).

(12)

Indecent signs. Signs containing matter which is obscene under State law.

(13)

Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a projector or other device.

(14)

Billboards. Any billboard sign.

(15)

Temporary signs on Public Property and in the Public Right of Way. With the exception of temporary signs permitted in accordance with section 29.10.110(5)(b) and 29.10.120(4), temporary signs on public property, including parks and public right-of-way, which includes sidewalks, roads, street medians, and the portion of right of way between the road and sidewalk, are prohibited.

(16)

Unauthorized signs. Any sign not specifically authorized in sections 29.10.110, 29.10.120 and 29.10.130

(Ord. No. 1316, §§ 3.33.010—3.33.090, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1446, 11-19-79; Ord. No. 2358, § IV, 5-21-24; Ord. No. 2364, § IV, 12-3-24)

Every sign described in this section, regardless of the manner of its construction, is a temporary sign. The number and area of such signs are regulated only by this section and are in addition to the allowed number and area for other classes of signs.

(1)

On Premises Sign Erected by Business. Temporary signs erected on premises of a business are permitted for up to forty-five (45) calendar days. The total area of temporary signs may be equal to or less than the total sign area permitted for the business by section 29.10.135. The permit shall state the maximum sign area allowed and the date the sign is to be removed as set by the erector or this chapter, whichever is more restrictive.

(2)

On Premises of Subdivision. Nonilluminated, on-site signs on property which has received subdivision or development approval from the Town, from that approval until issuance of a building permit for the last lot to be sold or completion of the development project, are permitted, limited to one (1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line. Up to four (4) additional signs are permitted in residential subdivisions. Additional signs shall have an area not exceeding three (3) square feet, nor a height of more than four (4) feet. One (1) off-premises signs erected by subdividers which are not located on a major arterial street as defined by the Town general plan is permitted. The sign shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such signs may be erected for up to ninety (90) days. Off-premises signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs.

(3)

Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One (1) single-faced sign on property for sale or lease of a commercial, office, or industrial development to be built in the future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street right-of-way line. The sign shall not be erected for over ninety (90) days.

(4)

Sign Erected by Special Event Sponsor.

a.

Subject to the conditions of this section, a permit may be issued to the sponsor of a civic, political, charitable, cultural, recreational, educational or religious event as follows:

(i)

An event in Town sponsored by a non-profit organization; or

(ii)

An event sponsored by a non-profit organization with its principal business address in Town; or

(iii)

An event sponsored by a public school; or

(iv)

An event sponsored by a non-profit organization to which the Town contributes funds; or

(v)

An event co-sponsored by the Town.

b.

If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the Town Council within ten (10) days of the Director's decision.

c.

Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed.

d.

Conditions of approval.

(i)

The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event.

(ii)

The sign shall be no larger than permitted under section 29.10.135.

(iii)

No more than a total of three (3) signs per event sponsor shall be allowed in the Town. Within this limit of three (3) signs, the following restrictions apply:

A.

Except as provided under subsection (B) below, no more than one (1) sign per event shall be permitted in the downtown area.

B.

No more than one (1) sign shall be permitted at the event site. Should the event have a number of locations or not have a fixed location, the event site sign shall be placed within five hundred (500) feet of the beginning or end of the event. Should the event site be located within the downtown area, the sign at the event site shall not count against the limitation imposed by subsection (A) above.

(iv)

Event signs shall be secured at all four (4) corners to avoid flapping.

(v)

No temporary structure may be erected for the purpose of displaying an event sign.

e.

General restrictions.

(i)

No more than three (3) event signs in total shall be permitted at any one (1) time within five hundred (500) feet of any intersection in Town.

(ii)

The square footage of an event sign shall not exceed the calculation of total sign area permitted under Section 29.10.135.

(iii)

No more than one (1) sign is permitted on any one (1) property at one time.

f.

For purposes of this section, "non-profit organization" is defined as:

(i)

A non-profit corporation existing under division 2 of title 1 of the Corporations Code; or

(ii)

A non-profit association as defined in Corporations Code section 21000; or

(iii)

A non-profit corporation existing under the laws of another state governing non-profit corporations and which is permitted to do business in California under California law.

g.

For the purposes of this section, Downtown Area means the C-2 zone.

(5)

Signs on construction sites. On parcels of under one (1) acre, one (1) nonilluminated sign of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one (1) acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.

(Ord. No. 1316, §§ 3.34.010—3.34.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § I, 7-20-92; Ord. No. 1980, § II, 5-23-94; Ord. No. 2358, § V, 5-21-24; Ord. No. 2364, § V, 12-3-24)

The following standards prescribed in this section shall apply to all sign approvals.

(1)

Copy. Signs are limited to naming the entity and the kind of activity conducted on the premises and products and services offered there. Signs may refer to matters not on the premises only when sections 29.10.105 through 29.10.140 expressly provide.

(2)

Trade names or logos. Signs may show trade names or logos that are not the name of the entity on the premises, but only when such trade name or logo is that of a product or service which is a major part of the sales or services conducted on the premises.

(3)

Compatibility with surroundings. The design, color and location of each sign shall be compatible with the architecture of the buildings on the premises, and in harmony with the structures and other improvements on the property.

(4)

Shopping centers. In a shopping center or multi-tenant building, each sign shall be related to the other signs in the same center or building by incorporating at least four (4) of the following six (6) identical elements:

a.

Material.

b.

Letter style.

c.

Color.

d.

Illumination.

e.

Method used for structural support of attachment.

f.

Shape of the entire sign and its components.

(5)

Backs and supports. The backs and supports of all signs shall be subdued.

(6)

Illumination generally. No portion of the surface of any illuminated sign nor any visible lamp illuminating a sign shall have a brightness exceeding one hundred fifty foot-lamberts.

(7)

Illumination near residential districts. Illuminated signs with a brightness more than thirty foot-lamberts shall not be erected nearer than fifty (50) feet from any point in a residential district unless the face of the sign is not visible from the residential district.

(8)

Roof signs. Roof signs must:

a.

Be erected only on a roof whose pitch is at least one (1) vertical to four (4) horizontal.

b.

Have a face no more than two (2) feet measured vertically.

c.

Be located so the face is parallel to the eave in front of the sign.

d.

Be set no more than eight (8) inches above the roof.

e.

Be designed and erected so that no part of its face is higher than either the peak or an elevation five (5) feet above the eave in front of the sign.

f.

Have architecture and site approval.

Architecture and site approval may only be issued on the basis of findings that a wall sign is not feasible because the wall of the building is set back beneath and obscured by the porch or roof overhang which is an extension of and integral with the sloping roof of the building, and that the sign cannot be suspended between posts or columns supporting the roof without obstructing safe passage for pedestrians.

(9)

Projecting signs. Projecting signs shall not project more than thirty-six (36) inches from the wall of a building nor more than twelve (12) inches into any public right-of-way. The projection is measured on a line perpendicular to the wall. All projecting signs which project over a walkway or public right-of-way shall have a clearance of nine (9) feet above grade.

(10)

Signs suspended from a marquee. All signs suspended from a single marquee shall be uniform in size, shape, placement and background color. Such signs shall have a clearance of at least eight (8) feet above grade.

(11)

Signs for theaters. The traditional methods of theater advertising require a unique type of sign program so the size, location, and number of signs, including attraction boards for a theater, are subject only to the limitations and provisions in the conditional use permit for the theater. Whenever a theater is operated lawfully but has no conditional use permit the signs of that theater which have been erected on or before the effective date of this chapter are nonconforming signs and a conditional use permit authorizing the signs must be obtained or the signs must be abated in the manner provided in section 29.10.140.

(Ord. No. 1316, §§ 3.35.010—3.35.065, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1460, 3-3-80)

A sign permit is required for the signs described in this section. The number and area of such signs are regulated only by this section and they are allowed in addition to signs of other classes.

(1)

Directional signs (vehicular). Nonilluminated vehicular directional signs showing the direction to or location of the civic center, hospitals, public parking lots, and any publicly owned facility. A sign showing the direction to a private facility that serves the general public (other than a church) may also be permitted upon findings by the Planning Director that there is a public interest in making the facility easy to find; that the public would have great difficulty finding the facility without a sign; and that the sign would not have a detrimental effect on the neighborhood. Signs erected under this section may be erected in the public right-of-way by express permission, but shall in all cases meet the following requirements:

a.

The sign must be located on an arterial street.

b.

The sign shall not exceed six (6) square feet in area, nor a height of ten (10) feet.

c.

The sign shall be erected at least one hundred (100) feet from any other directional sign.

(2)

Directional signs (pedestrian). For each customer entrance, one (1) nonilluminated pedestrian directional sign which does not exceed one (1) square foot in area.

(3)

Bulletin boards. Bulletin boards not exceeding eighteen (18) square feet in area, nor height of six (6) feet, when located on the premises of, and used solely in connection with activities of a church, school or public building.

(4)

Community bulletin boards and kiosks. Community-oriented bulletin boards and kiosks, including service club directories, may be located on public property after review and approval as provided by sections 29.20.745 and 29.20.755.

(Ord. No. 1316, §§ 3.37.010—3.37.025, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1519, 10-26-81)

(a)

Scope. This section specifies the signs which may be erected in each zone, other than signs which by the express provisions of this chapter may be erected in all zones. Except where this section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones.

(b)

Residential zones. In residential zones (defined by section 29.40.010) the following signs may be erected:

(c)

Nonresidential zones. The rules for nonresidential zones (defined by section 29.50.010) are specified in this section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs for each parcel. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five (25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the parcel is contiguous to a residential zone and if the wall faces that zone.

(1)

Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1) square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the primary business frontage.

(2)

Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage.

(3)

For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the parcel.

(4)

The total area of all signs on a parcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.

(5)

The total area of all signs on a parcel is limited to the area derived from the business frontage calculation.

(6)

For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the parcel.

(7)

For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the parcel.

(8)

The area of time and temperature signs is not restricted by any rule limiting total sign area.

(9)

The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a parcel.

(d)

Planned development overlay zone. The signs shown on the official development plan referred to in division 2 of article VIII of this chapter may be erected in the PD zone.

(Ord. No. 1316, §§ 3.38.010—3.38.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1446, 11-19-79; Ord. No. 2358, § VI, 5-21-24; Ord. No. 2364, § VI, 12-3-24)

(a)

Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.

(b)

Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:

(1)

Changes in sign copy.

(2)

Modifications that reduce the extent to which the sign does not comply with this chapter.

No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.

(c)

Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are nonconforming signs.

(d)

Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:

(1)

A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign.

(2)

A statement that the sign is a nonconforming sign.

(3)

The applicable date for removal of the sign under the provisions of subsection (f).

Information concerning more than one (1) sign, and information concerning separate amortization dates for different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection (e) and is effective to start the time period provided in subsection (f).

(e)

Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding to enforce this chapter to abate any sign, or to punish any sign violation.

(f)

Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a nonconforming sign for the applicable period shown on the following schedule:

(1)

Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two (2) years.

(2)

Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five (5) years.

(3)

Signs where total area of all signs on a building or parcel exceed permitted area: five (5) years.

(g)

Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs.

(h)

Extension of nonconforming sign status. During the deliberations on the provisions of this chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.

(i)

Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them.

(j)

Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures.

(k)

Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense.

(Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78; Ord. No. 2358, § VII, 5-21-24; Ord. No. 2364, § VII, 12-3-24)

(a)

Intent. This division regulates the number and standards for off-street parking spaces required by this chapter, and the development of off-street parking spaces in order to reduce street and traffic congestion and to provide safely and attractively designed parking facilities which are compatible with the surrounding land uses.

(b)

Use of land and buildings. No use of land shall be commenced, no building or structure shall hereafter be erected, constructed or moved within or onto any lot or parcel of land for any use or purpose, and no existing land or building use other than a lawful nonconforming use as to the requirements of this division shall continue unless off-street parking spaces are provided and maintained in accordance with the requirements of this division. No building or moving permit shall be issued unless the requirements of this division are shown on the plans and application submitted for such permit, and no final inspection or authorization for utility service shall be given until the requirements of this division for the use requested have been met.

(c)

Authorization of buildings or uses. No building or use which is a lawful nonconforming use as to the requirements of this division shall be expanded through an increase in the number of living units or gross floor area, or modified or changed through an increase in seating capacity, number of persons employed or otherwise, unless the number of additional off-street parking spaces necessitated by such remodeling, expansion, modification or change under the provisions of this division are provided.

(d)

Fractions. If the number of required off-street parking spaces contains a fraction, such number shall be changed to the nearest higher whole number.

(e)

Mixed uses. When mixed uses are located on the same lot or parcel, or within the same building, the sum total of the required parking for the individual use shall apply.

(f)

Spaces for one (1) use only. An off-street parking space for one (1) use shall not be considered to provide a required off-street parking space for any other use, except in the case of a shared parking permit approved by the Community Development Director as hereinafter provided.

(g)

Commercial operation of parking spaces.

(1)

All privately owned off-street parking spaces required to be provided by this division, or required by the administrative approval authorized by this chapter, shall be operated without charge to the users thereof. No privately owned parking lot which contains such spaces shall be operated commercially or under a validation system whereby parkers patronizing business for which the spaces are provided are admitted to the lot free of charge or at reduced charges and other parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by gates or other physical means during periods when the use or uses for which the spaces are required are in operation. The provisions of this section shall not be deemed to prohibit the posting of signs at entrances to such parking lots identifying the businesses or uses for whose benefits the lots are operated, prohibiting other parking under threat, and enforcing such prohibitions.

(2)

Notwithstanding subsection (1) above, a parking lot located within the Town may be operated with a charge for its use under the following circumstances if the Town has instituted and continues to maintain a charge for use of Town owned or operated parking lots:

a.

A charge is made for use of the private parking lot that does not exceed the highest hourly rate charged by the town for use of its lots. Such a charge may include a validation system whereby parkers are admitted to the lot free of charge or at reduced charges if certain businesses are patronized and may also include restriction by gates or other physical means; or

b.

Use of valet parking, so long as the parking lot is usable at all times during which the parking spaces are in operation as required by this chapter, and the use of the valet parking has been approved by the Community Development Director pursuant to a valet parking permit; or

c.

A combination of a charge and valet system.

(3)

Notwithstanding subsection (1) above, a private parking lot, or sections of a private parking lot located within the Town may be operated as a valet parking lot under the following circumstances:

a.

The valet parking may be provided with or without charge to the public; and

b.

The valet parking lot service adheres to and maintains all fire codes and emergency access standards; and

c.

The valet parking lot service shall not impair the safe and efficient use of existing adjacent non-valet parking; and

d.

The private valet parking lot is approved by the Community Development Director pursuant to a valet parking permit. The Community Development Director shall have the discretion to deny the valet parking permit application if any criteria set forth above and/or any other rules and regulations adopted by the Town Council cannot be met and shall have the ability to revoke the valet parking permit for valet parking with a minimum of ten (10) days' notice.

(h)

Permit required for parking lot improvements. No person shall erect, construct, relocate, enlarge, alter, repair, move, improve, remove, or convert any parking lot without a permit except:

(1)

When repainting the existing lines in the same configuration without any resurface or top coat;

(2)

When included as part of a zoning approval; or

(3)

Normal maintenance which does not involve extensive structural repairs when necessary to provide for health or safety.

(i)

Prohibition of assigned parking spaces. No private parking lots shall have parking spaces assigned to a specific business unless there is excess parking available for the site. The number of spaces assigned to a business shall be limited to the number of excess parking spaces available over the number required by Town Code.

(Ord. No. 1316, §§ 3.40.010—3.40.120, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1640, 3-4-85; Ord. No. 2016, § I, 5-20-96; Ord. No. 2034, § II, 10-7-97; Ord. No. 2061, § I, 4-19-99; Ord. No. 2149, § I, 5-1-06; Ord. No. 2246, § 1, 11-17-15; Ord. No. 2280, § I, 3-19-19; Ord. No. 2292, § I, 10-1-19)

(a)

Intent. The regulations contained in this section are intended to ensure the provision of a sufficient number of off-street parking spaces privately and publicly owned and operated to satisfy needs generated by permissible uses.

(b)

Parking requirements for downtown. The parking requirements for various uses in the downtown are as follows:

(1)

Retail and commercial stores, shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area.

(2)

Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies, and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor area.

(3)

Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area.

(4)

For uses not specifically listed in this subsection the requirements shall be as set forth in subsection (c).

(c)

Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to the requirements for the listed uses.

(1)

Single-family, residential condominiums and two-family dwellings. Two (2) parking spaces for each living unit.

(2)

Reserved.

(3)

Multiple-unit dwellings in all zones and two-family dwellings in the R-1D zone. One and one-half (1½) times the number of living units in such dwellings, except multiple-unit dwellings and mixed-use developments that include a multiple-unit dwelling component that are located within one-half (½) mile walking distance of public transportation shall provide one (1) parking space per dwelling unit. For the purposes of this subsection, public transportation means a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.

(4)

Hotels, motels and auto courts. One (1) parking space for each guest room or suite, plus one (1) parking space for each employee.

(5)

Lodginghouses, boardinghouses. One (1) parking space for each two (2) beds in such building, plus one (1) parking space for each employee.

(6)

Hospitals. One and one-half (1½) parking spaces for each bed.

(7)

Sanitariums, convalescent homes and rest homes. One (1) parking space per two and one-half (2½) beds.

(8)

Medical or dental clinic or office. One (1) parking space for each two hundred fifty (250) square feet of gross floor area or six (6) spaces per doctor; whichever is more restrictive.

(9)

Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.

(10)

Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.

(11)

Household furniture, appliances and furniture repair shops. One (1) parking space for each three hundred fifty (350) square feet of gross floor area.

(12)

Enclosed automobile or machinery sales. One (1) parking space for each four hundred seventy (470) feet of gross floor area.

(13)

Open sales areas. Two (2) parking spaces for each employee.

(14)

Service stations and auto repair and auto service businesses. Two (2) parking spaces for each grease rack or working bay, plus one (1) parking space for each employee.

(15)

Reserved.

(16)

Wholesale establishments and warehouses. One (1) parking space for each two thousand three hundred fifty (2,350) square feet of gross floor area, plus one (1) parking space for each company vehicle used in the operation of such establishment or warehouse.

(17)

Manufacturing plants, machine shops, research or testing [laboratories, bottling plants] and printing plants. One (1) parking space for each one and one-half (1½) employees, plus one (1) parking space for each company vehicle used in the operation of such plant, shop or laboratory.

(18)

Funeral homes and mortuaries. One (1) parking space for each [seven hundred (700) square feet of gross] floor area, plus one (1) parking space for each employee and one (1) parking space for each company vehicle used in the operation of such home or mortuary.

(19)

Community centers and libraries. One (1) parking space for each [five hundred ninety (590) square feet of] gross floor area, plus one (1) parking space for each employee.

(20)

Post offices. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area, plus one (1) parking space for each employee, and one (1) for each official vehicle.

(21)

Private clubs and lodges. One (1) parking space for each three hundred fifty (350) square feet of gross floor area, plus one (1) parking space for each three hundred fifty (350) square feet of outside areas employed for purposes of assembly and meeting by the members and guests of such clubs and lodges, plus one (1) parking space for each five hundred ninety (590) square feet of outside areas developed for recreational purposes, such as gardens, swimming pools, park areas and assembly areas, excepting golf course playing area and similar field sports.

(22)

Elementary schools. One (1) parking space for each employee, and if such school has an auditorium there shall be one (1) parking space for each three and one-half (3½) fixed seats in such auditorium, plus one (1) parking space for each six (6) linear feet of fixed benches therein, or one (1) parking space for each thirty-five (35) square feet of gross floor area in such auditorium.

(23)

Intermediate or junior high schools. One (1) parking space for each employee, and if such school has an auditorium there shall be one (1) parking space for each three and one-half (3½) fixed seats in such auditorium, plus one (1) parking space for each six (6) linear feet of fixed benches therein, or one (1) parking space for each thirty-five (35) square feet of gross floor area in such auditorium.

(24)

High schools. One (1) parking space for each employee, plus one (1) parking space for each seven (7) students in such high school and if such school has an auditorium there shall be one (1) parking space for each three and one-half (3½) fixed seats in such auditorium plus one (1) parking space for each six (6) linear feet of fixed benches therein, or one (1) parking space for each thirty-five (35) square feet of gross floor area in such auditorium.

(25)

Colleges. One (1) parking space for each employee, plus one (1) parking space for each three (3) students in such college, and if such college has an auditorium, there shall be one (1) parking space for each three and one-half (3½) fixed seats in such auditorium, plus one (1) parking space for each six (6) linear feet of fixed benches therein, or one (1) parking space for each thirty-five (35) feet of gross floor area in such auditorium.

(26)

Churches. One (1) parking space for each four (4) seats in each building used separately, or together with any other building, for worship.

(27)

Bowling lanes. Seven (7) parking spaces for each lane in each establishment.

(28)

Auditorium, theaters, sports arenas, stadiums and assembly halls, with or without fixed seats. One (1) parking space for each three and one-half (3½) fixed seats on such premises, plus one (1) parking space for each six (6) linear feet of fixed benches on the premises, or one (1) parking space for each thirty-five (35) square feet of gross floor area.

(29)

Group classes. One (1) parking space for each employee and one (1) parking space per three (3) students.

(d)

Handicapped spaces. Handicapped spaces provided in compliance with State or local regulation shall be counted in determining the number of spaces provided in meeting the requirements of this chapter.

(e)

Shared parking. Where uses are required by this division to be served by off-street parking spaces, and where some of the uses generate parking demands primarily during hours when the remaining uses are closed, shared parking is allowed, but only if specifically authorized by the Community Development Director. Issuance of a shared parking permit must be supported by findings that the shared parking spaces will not result in the effective provisions of fewer off-street parking spaces than required by this division. The permit may contain such conditions as are necessary to assure the facts found will continue to exist, including:

(1)

Submission of satisfactory statements by the party or parties providing the proposed shared parking, describing the users and their times of operation where applicable, and showing the absence of conflict between them;

(2)

Written agreements between the parties setting forth the terms and conditions under which the shared parking spaces will be operated including: location, number of spaces, and times of operation where applicable;

(3)

Documents showing maintenance provisions; and

(4)

Other documents or commitments deemed necessary.

Whenever shared parking spaces are authorized to serve multiple uses, the number of spaces required shall be based upon the use which generates the largest number required.

(f)

Properties in parking districts. Required spaces in parking districts shall be as follows:

(1)

For any building or open-air use in a public parking district, the number of required off-street parking spaces is:

a.

None, when the gross floor area of the building and open area occupied by a use, combined, do not exceed the area of the building and open area occupied when the district is formed; or

b.

When the area limitation in subsection (f)(1)a. is exceeded or the use is intensified, the required number is derived only on the basis of the excess area.

(2)

The creation of a parking assessment district relieves those properties located within the district which were nonconforming as to parking from having to supply on-site parking spaces in accordance with subsection (b).

(3)

The assessment formula was based on a number of factors that included existing floor area, existing use, in some cases potential floor area and included credits for existing on-site parking spaces and for participation in past assessment districts.

(4)

The Planning Director shall develop a table using the floor area, parking and previous assessment district information used to calculate the parking assessment and translating that information into a parking credit based on the parking requirements set forth in subsection (b).

When an application is filed to intensify the use within an existing building or to expand an existing building, this information will be used to calculate the amount of on-site parking, if any, that will be necessary to comply with the parking requirements set forth in subsection (b).

(5)

Any on-site parking spaces that are credited in the parking assessment district calculation may not be eliminated, unless the use is changed to a residential use that does not require the existing on-site parking spaces.

(g)

Parking requirements for major additions to single-family dwellings. Notwithstanding the provisions of division 5 of this article of this chapter, any addition to a single-family dwelling as described below shall comply with the parking requirements set forth in subsection (c)(1) of this section:

(1)

An addition exceeding fifty (50) percent of the existing floor area;

(2)

An increase in the number of bedrooms;

(3)

A second story addition to a one-story building.

(h)

Exemptions. Compliance with subsection (c)(1) is not required if the deciding body makes the following findings:

(1)

If the site and/or structures on the site are subject to historic preservation pursuant to division 3 of article VIII of this Code and the Historic Preservation Committee determines that the enforcement of subsection (g) will impact the historic character of the site and/or structures on the site; or

(2)

The lot does not have adequate area to provide parking as required by subsection (c)(1). This finding is not required if subsection (h)(1) is made.

If the deciding body makes the findings set forth above, parking shall be provided to the maximum extent possible.

(i)

Parking requirements for residential properties that are nonconforming as to parking with a Landmark Historic Preservation overlay zone. Residential structure(s) with a Landmark Historic Preservation overlay zone that are lawfully or unlawfully demolished as defined by sections 29.10.020 and 29.10.09030(h) of the Town Code, shall not be required to meet the parking requirements for new construction if no changes to the previously approved plans will be made except as determined by the Planning Director to meet current zoning and building code requirements.

(Ord. No. 1316, §§ 3.41.010—3.41.075, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1493, 3-17-81; Ord. No. 1546, 8-16-82; Ord. No. 1652, 4-15-85; Ord. No. 1654, 4-22-85; Ord. No. 1657, 6-3-85; Ord. No. 1724, 5-18-87; Ord. No. 1789, § VI, 5-15-89; Ord. No. 1854, § I, 6-3-91; Ord. No. 1945, § I, 6-7-93; Ord. No. 2083, § I, 5-7-01; Ord. No. 2149, § I, 5-1-06; Ord. No. 2270, § I, 2-6-18; Ord. No. 2272, § I, 4-3-18; Ord. No. 2280, § I, 3-19-19; Ord. No. 2290, § I, 10-1-19; Ord. No. 2304, § II, 2-18-20; Ord. No. 2307, § I, 4-21-20; Ord. No. 2342, §§ VIII, IX, 8-1-23; Ord. No. 2372, §§ II—V, 2-4-25)

(a)

Generally. All permanent off-street parking lots and parking garages shall be constructed as provided in this section. Where the rules of a zone pertaining to yards, landscaping, fencing, or lighting are stricter than those contained in this section, the rules of the zone apply.

(b)

Location of required off-street parking spaces. All off-street parking spaces shall be on the same lot as the use for which they are provided.

(c)

Driveways. Off-street parking lots and parking garages must be connected to streets or alleys by driveways which comply with the following requirements:

(1)

Driveways which serve not more than two (2) parking spaces shall be at least ten (10) feet wide if they provide either ingress or egress only, and not less than eighteen (18) feet wide if they provide both ingress and egress. The Planning Director may authorize a reduction in width of two-way driveways if the Planning Director finds that conditions make the eighteen-foot requirement impractical.

(2)

Driveways which serve more than two (2) and not more than ten (10) parking spaces shall be at least ten (10) feet wide if they provide either ingress or egress only, and not less than eighteen (18) feet wide if they provide both ingress and egress. The Planning Director may authorize a reduction in width of two-way driveways for single-family residential parcels with a secondary dwelling unit(s) and two-family residential parcels if the Planning Director finds that conditions make the eighteen-foot requirement impractical.

(3)

Driveways which serve more than ten (10) and not more than twenty-five (25) parking spaces shall be at least eleven (11) feet wide if they provide either ingress or egress only, and not less than twenty (20) feet wide if they provide both ingress and egress.

(4)

Driveways which serve more than twenty-five (25) parking spaces shall be at least twelve (12) feet wide if they provide either ingress or egress only, and not less than twenty-two (22) feet wide if they provide both ingress and egress.

(5)

The minimum distance from a wall, fence or similar obstacle to the edge of any driveway shall be two (2) feet except for single-and two-family dwellings where no minimum distance is required.

(6)

All driveways less than eighteen (18) feet in width and more than one hundred fifty (150) feet in length shall be developed with turn-out areas to prevent the obstruction of access to emergency vehicles in such numbers, at such locations and designed and constructed to such standards as the Town Engineer prescribes.

(7)

When a garage, with a sliding or overhead roll-up door, unenclosed parking space, or carport opens onto a street (excluding alleys) the length of the driveway shall not be less than eighteen (18) feet. The length of all other driveways shall not be less than twenty-five (25) feet. For a driveway that opens onto an alley, the width of the alley can be used for calculating the length of a driveway.

(8)

Unless otherwise authorized by the Fire Chief, a vertical clearance of at least twelve (12) feet shall be maintained above all driveways.

(9)

Unless otherwise authorized by the Fire Chief, curves in a driveway more than one hundred fifty (150) feet long shall have at least a forty-five-foot outside radius.

(d)

Size and location of spaces and aisles. All parking spaces and aisles shall conform to the following standards:

(1)

For the purpose of determining parking space dimensions, the front limit of the space shall be the face of any wall or barrier (bumper height or higher). If no such wall or barrier exists, the front limit shall be a line perpendicular to the side line of the space, two (2) feet forward of the face of the curb or wheel stop.

(2)

Standard spaces shall be at least eight (8) feet six (6) inches by eighteen (18) feet. Aisle widths shall be a minimum of twenty-two (22) feet for two-way aisles.

(3)

Space width shall be increased by one (1) foot to nine and one-half (9.5) feet if adjacent on one (1) side to a wall, fence, hedge or structure; and by two (2) feet to ten and one-half (10.5) feet if adjacent on both sides to such walls, fences, hedges, or structures. Garages that are required parking for one- and two-family dwellings shall have at least twenty (20) feet by twenty (20) feet clear inside dimension for two-car garages and eleven (11) feet by twenty (20) feet for one-car garages.

(4)

Off-street spaces parallel with the aisle shall be at least twenty (20) feet long for standard spaces.

(5)

Aisle widths and stall sizes are described in the following table:

(6)

When the configuration of the property or the location of existing structures constrict design of parking areas, the deciding body may modify parking stall and aisle width dimensions, provided that the applicant can demonstrate the modification would not impair the function of the parking area.

(7)

Parking space boundaries shall be delineated by double striping. Each double stripe shall consist of two (2) four-inch lines, separated by an eighteen-inch space.

(8)

Diagonal parking is encouraged wherever possible but shall be discouraged from having two-way aisles.

(9)

One-way aisles shall not dead-end. Dead-ends on two-way aisles are permissible if turn-around space is provided.

(10)

The minimum inside turning radius for aisles and islands shall be twenty (20) feet.

(11)

Off-street parking shall have maneuvering areas adequate to eliminate aisle-to-aisle circulation via the street.

(12)

Off-street parking areas shall be designed so that automobiles will not be backed onto a street, except for parking areas that are not on an arterial street serving single-family dwellings.

(e)

Surfacing.

(1)

All outdoor off-street parking spaces, driveways and maneuvering areas shall be paved with a compacted base not less than four (4) inches thick, surfaced with asphaltic concrete or Portland cement concrete pavement or other surfacing (e.g.: permeable paving materials, interlocking pavers and ribbon strip driveways) approved by the Town Engineer. The paved area shall be provided with drainage facilities subject to the approval of the Town Engineer, adequate to dispose of all accumulated surface water. Special surfaces may be allowed by the Development Review Committee if the following conditions apply:

a.

Special surfaces for nurseries or botanical gardens consisting of decomposed granite, crushed aggregate (gravel) or similar granular material may be allowed to continue under the following circumstances:

b.

The nursery or botanical garden must have lawfully been in existence since 1977.

c.

The intent of the special surface is to moderate the reflective heat from the sun in order to protect the surrounding nursery stock and minimize the storm water runoff.

1.

The condition of the surface is maintained such that neither dust becomes a nuisance, mud is not tracked onto any public street nor sidewalk; or gravel is not deposited on any public street or sidewalk.

2.

Special paving may be required within the dripline of existing trees subject to the recommendation of the Planning Director.

3.

The surface is approved for use by the Town Engineer.

4.

The parking area shall not be used for storage or display and shall be available for use as a parking lot at all times.

5.

That the area designated for parking shall be of sufficient size and dimensions so as to satisfy the required number of parking spaces, back-up area and maneuvering area for the current and proposed use as set forth in this chapter.

(2)

Special paving may be required within the dripline of existing trees subject to the recommendation of the Planning Director.

(f)

Lighting. All parking lot and parking garage lighting facilities shall conform to the following standards:

(1)

The location, design, intensity, light hue and shielding of lighting fixtures shall be subject to approval by the Development Review Committee.

(2)

Lighting used in connection with off-street parking spaces located in, or adjacent to, any residential zone shall be arranged and shielded so that the light will not shine directly on land in such residential zone.

(g)

Screening and landscaping. Parking lots and spaces shall be screened and landscaped as follows:

(1)

Except for those which serve single- or two-family dwellings, all outdoor off-street parking spaces shall be screened on all sides which adjoin, face, or are across the street from either properties situated in a residential zone or properties developed with a residential use. The design of all screening is subject to approval by the Planning Director.

(2)

Wherever a parking lot is adjacent to a street, a landscaped buffer at least ten (10) feet wide is required. Where the parking lot is adjacent to a side or rear property line or to an alley, a landscaped buffer at least five (5) feet wide is required. The required width of landscaped buffers is exclusive of curbing or allowance for vehicle overhang, and is measured from the property line or street or alley right-of-way line.

(3)

All landscaped areas shall be completely enclosed by a four-inch continuous concrete curb. At any point where a curb around a landscaped area serves as a wheel stop, a vehicle overhang allowance of two (2) feet including the width of the curb shall be added to the landscaped area.

(4)

All portions of the parking area not used for automobile maneuvering and parking or for pedestrian walkways shall be landscaped.

(5)

All landscaped areas shall be provided with complete irrigation facilities.

(6)

At least five (5) percent of the interior of all parking areas shall be landscaped. In order to be included in the calculation of the amount of interior landscaping, all landscaped areas must be at least five (5) feet in any dimension exclusive of curbing and vehicle overhang allowances, except that landscaped areas separating side by side parking spaces are included in the calculation if they are at least three (3) feet wide exclusive of curbs.

(7)

Ranks of fifteen (15) or more parking spaces shall be interrupted by a landscaped area at least three (3) feet wide exclusive of curbs at intervals no greater than ten (10) spaces.

(8)

Trees shall be a major design feature in all parking lots.

(h)

Curbs, wheel stops and markings. Curbs, wheel stops and markings for parking lots and spaces shall be provided as follows:

(1)

Except for spaces which serve single- or two-family dwellings, all off-street parking spaces shall have wheel stops. Wheel stops must be continuous curbing and shall not be separate blocks. A continuous concrete curb may be permitted with breaks in the curb to allow for drainage to meet Best Management Practices methods for National Pollutant Discharge Elimination System (NPDES) requirements.

(2)

Opposing ranks of parking stalls shall be separated by a raised curbed island. Breaks in the curb may be permitted to allow for drainage to meet best management practices methods for NPDES requirements.

(3)

All off-street parking areas shall be provided with entrance, exit and traffic flow markings so arranged and marked as to provide for orderly and safe parking of automobiles, subject to the approval of the Town Engineer.

(i)

Pedestrian circulation. Off-street parking areas shall provide for adequate pedestrian circulation.

(j)

Temporary parking lots. When this chapter requires that parking be provided to serve a building which is being remodeled or a building which occupies the site of an approved parking lot intended to serve a building which is under construction, temporary parking may be provided. Temporary parking lots shall be surfaced, lighted, landscaped and otherwise improved, consistent with the purpose of such lots as temporary facilities, to be safe and present an acceptable appearance. Architecture and site approval, with an expiration date, is required for all temporary parking lots.

(k)

Town-constructed temporary parking lots. The Town may construct temporary parking lots to alleviate parking shortages. The standards and procedures are the same as provided in subsection (j).

(l)

Determination. Applications for permits for parking lot improvements shall be determined by the Community Development Director. When compliance with state disabled-accessibility statutes and regulations will result in a reduction in the number of spaces remaining in the parking lot below the number required by this chapter, the application shall be determined by the Community Development Director through the building permit process.

(m)

Standards for disabled accessibility. Parking lot improvements shall be rendered disabled-accessible. Each application for a permit for parking lot improvements shall be reviewed and determined in accordance with the requirements for disabled-accessibility as set forth in title 24 of the California Administrative Code. The Community Development Director may approve a permit for parking lot improvements which reduces the number of parking spaces required pursuant to section 29.10.150. This approval must be based upon a finding that public necessity for disabled-accessible parking spaces outweighs the need for the number of parking spaces required by section 29.10.150.

(n)

Effect of Community Development Director approval. No penalties shall apply to and no assessments shall be based on an increased parking space deficiency or a created parking space deficiency pursuant to section 29.10.150 resulting from the Community Development Director approval of a parking lot permit under subsection (l) of this section. This subsection (n) shall not apply to an increased parking space deficiency or a created parking space deficiency due to an addition to a building or a structure or to an intensification of use.

(Ord. No. 1316, §§ 3.42.010—3.42.140, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1349, 3-21-77; Ord. No. 1367, 9-19-77; Ord. No. 1375, 11-21-77; Ord. No. 1640, 3-4-85; Ord. No. 1652, 4-15-85; Ord. No. 1854, § II, 6-3-91; Ord. No. 1945, § II, 6-7-93; Ord. No. 2016, §§ II, III, 5-20-96; Ord. No. 2071, § I, 6-19-00; Ord. No. 2149, § I, 5-1-06; Ord. No. 2291, § I, 10-1-19; Ord. No. 2292, § I, 10-1-19)

(a)

Required. No building, or part thereof, having a floor space of ten thousand (10,000) square feet, or more, which is to be occupied by a manufacturing plant, storage facilities, warehouse facilities, goods display, retail store, wholesale store, markets, hotels, hospital, mortuary, laundry, dry cleaning establishment, or other uses similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise, shall be constructed, erected or moved within, or onto any, lot or parcel of land in any zone for any use or purpose unless at the time such building or part thereof is constructed, erected or moved within or onto such lot or parcel there is provided on the same lot or parcel of land on which such building is constructed, erected or moved at least one (1) off-street loading space, plus one (1) additional such loading space for each twenty thousand (20,000) square feet of floor area. Such off-street loading spaces shall be maintained during the existence of the building or use they are required to serve. A required loading space may occupy a required rear yard or any part thereof.

(b)

Improvement standards. Loading spaces required by subsection (a) shall be developed pursuant to the following standards, to the extent other more rigid standards prescribed elsewhere in this chapter do not apply.

(1)

Size of off-street loading spaces. Each off-street loading space required by subsection (a) shall be not less than ten (10) feet wide, thirty (30) feet long and fifteen (15) feet high, exclusive of driveways for ingress and egress and maneuvering areas.

(2)

Driveways for ingress and egress and maneuvering areas. Each off-street loading space required by subsection (a) shall be provided with driveways for ingress and egress and maneuvering space of the same type which is required for off-street parking spaces.

(3)

Location of off-street loading spaces. No off-street loading space required by subsection (a) shall be closer than fifty (50) feet to any lot or parcel of land in a residential zone unless such off-street loading space is wholly within a completely enclosed building or unless enclosed on all sides by a wall not less than eight (8) feet high.

(Ord. No. 1316, §§ 3.43.010, 3.43.020, 6-7-76)

This division regulates nonconforming buildings, lots and uses other than nonconforming signs, which are regulated by section 29.10.140.

(Ord. No. 1316, § 3.50.010, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 2024, § II, 12-2-96)

(a)

A building becomes a nonconforming building, a use becomes a nonconforming use, or a lot becomes a nonconforming lot under this chapter only because of:

(1)

Annexation of territory to the Town.

(2)

Amendment to this chapter, a previous zoning ordinance of the Town or the subdivision ordinance.

(3)

Rezoning.

(b)

A use that was lawfully begun but which lacks a conditional use permit currently required by this chapter is nonconforming and subject to the rules of this division.

(c)

Regardless of the investment, expenditure, or work required pursuant to Town approval of a permit affecting a nonconforming use or building, no such permit or effort by the owner shall be construed in any way as an entitlement or permission to extend to the time period in which the nonconforming use must cease or the use or building made to conform the requirements of the zone, or to not otherwise comply with the requirements of this division. Any person using such an approval does so subject to any applicable requirement to cease the use or conform the use or building to the requirements of the zone and to otherwise comply with this division.

(Ord. No. 1316, § 3.50.020, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 2024, § II, 12-2-96)

If a building, lot or use does not conform to the requirements of this chapter and is not nonconforming as defined by this chapter, it is unlawful and a nuisance.

(Ord. No. 1316, § 3.50.030, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 2024, § II, 12-2-96)

If a nonconforming use does not involve occupancy of a building and is discontinued for thirty (30) consecutive days, the use shall not be resumed. If a nonconforming use involves occupancy of a building and is discontinued for one hundred eighty (180) consecutive days, the use shall not be resumed, except as provided in section 29.10.210. Token use does not toll or interrupt a period of discontinuance.

(Ord. No. 1316, § 3.50.040, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 2024, § II, 12-2-96)

(a)

Unless this division is amended to provide otherwise, the following legal nonconforming uses may continue interminably so long as they conform to the other requirements of this division:

(1)

Legal nonconforming residential uses.

(2)

Schools.

(3)

Church uses.

(4)

Nonresidential uses in the downtown which would otherwise be nonconforming due to zone changes and ordinance amendments which occurred after July 1, 1982.

(5)

Residential care facilities for the elderly that existed as of January 1, 1988 and are nonconforming only as to parking.

(6)

Hotels/motels located in residential zones which were converted to multiple-family dwelling units prior to March 22, 1986, if a conditional use permit is obtained.

(7)

Commercial uses that are nonconforming as to parking if parking has been provided on-site by July 1, 1992, or twenty (20) years from the date the use became legal nonconforming, whichever is later.

(b)

The following legal nonconforming uses shall cease at the end of the following time periods:

(1)

A junkyard shall cease ninety (90) days from the date it becomes nonconforming.

(2)

Where there are improvements on land, but of a type for which no Building Permit would currently be required, the legal nonconforming use shall cease three (3) years from the date the use becomes legal nonconforming.

(3)

Where the land is improved with one (1) or more structures of a type for which a Building Permit would currently be required and the structure(s) are utilized in connection with the legal nonconforming use, the legal nonconforming use shall cease twenty (20) years from March 23, 1966, or twenty (20) years from the date the use became legal nonconforming, whichever is later.

(4)

When a zoning amendment is adopted after 1981 that causes a use to be legal nonconforming solely by subjecting it to the requirement of obtaining a conditional use permit, all uses affected by the amendment shall apply for a use permit within sixty (60) days after the amendment becomes effective. Failure to make such application within that time shall make the subject use immediately unlawful.

(5)

A business engaged in the retail sales [of] firearms and/or destructive devices shall cease four (4) years from the date it becomes legal nonconforming.

(c)

If any period of authorized duration is held by a court to be too short and therefore unconstitutional or unlawful on its face or as applied, the period of duration shall be extended to such time as the court determines is lawful.

(Ord. No. 1316, § 3.50.050, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1532, 4-20-82; Ord. No. 1546, 8-16-82; Ord. No. 1716, 4-20-87; Ord. No. 1754, § I, 7-5-88; Ord. No. 1821, § I, 5-21-90; Ord. No. 1864, § I, 9-3-91; Ord. No. 1884, § I, 1-6-92; Ord. No. 2024, § II, 12-2-96; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2351, § II, 11-21-23)

(a)

A nonconforming office, commercial or industrial building located in a residential zone shall, by demolition, removal or alteration be made to conform with the rules of the zone when the building is older than shown on the following schedule:

(1)

UBC Type 4 or 5 buildings .....25 years

(2)

UBC Type 2 or 3 buildings .....40 years

(3)

UBC Type 1 buildings .....50 years

(b)

When any of the foregoing time periods have elapsed, the building in question no longer has status as a nonconforming building. However, when a nonconforming building houses a nonconforming use the building need not be made to conform until the nonconforming use ceases as provided in section 29.10.190, or expires as provided in section 29.10.195, whichever happens first. Buildings that become nonconforming only as a result of the adoption of floor area ratio shall be exempt from the provisions of this section.

(Ord. No. 1316, § 3.50.060, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1606, 2-6-84; Ord. No. 2024, § II, 12-2-96)

The Planning Director shall maintain a list of all nonconforming uses required to cease by the provisions of section 29.10.190 and all nonconforming buildings required to be made to conform by section 29.10.200. The list shall state the nature of the nonconformity, the date and reason it became nonconforming, and the date the use must cease or the building must be made to conform.

(Ord. No. 1316, § 3.50.070, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 2024, § II, 12-2-96)

(a)

Any commercial use that is nonconforming as to parking shall provide parking to the maximum extent possible given existing physical constraints of the property on which the use is located, such as building location and coverage, trees, and other physical barriers and features.

(b)

Any commercial use that is nonconforming as to parking shall not intensify use or improve the property other than as required for normal maintenance. Examples of changes that would be permitted are painting (interior/exterior), normal maintenance to electrical, plumbing and mechanical equipment, signage with required permits, and equivalent uses with applicable use and occupancy permits.

(c)

Notwithstanding subsection (b) above or section 29.10.215 below, a commercial use located between Los Gatos-Saratoga Road and Ashler Avenue with lot frontage on North Santa Cruz Avenue or the northside of Los Gatos-Saratoga Road and west of State Highway 17 that is nonconforming as to parking may improve and remodel the interior or the exterior of an existing building that is occupied by the nonconforming commercial use if:

(1)

There is no increase in the floor area of the building;

(2)

There is no reduction in the number of parking spaces provided for the use; and

(3)

The parking in lieu fee established by Council resolution is paid to the Town.

However, the payment of the in lieu fee under this subsection shall make the use conforming as to parking only for those improvements allowed under this subsection.

(Ord. No. 2024, § II, 12-2-96; Ord. No. 2045, § II, 5-18-98)

A conditional use permit is required whenever the use in a building which is nonconforming as to type is changed regardless of whether the activity is otherwise proper under this chapter. In no case shall intensification be deemed a change of use for purposes of this section. If the new use would not be allowed under the rules of the zone, a conditional use permit cannot be issued unless the requirements of section 29.10.235 are fulfilled.

(Ord. No. 1316, § 3.50.080, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1903, § I, 5-18-92; Ord. No. 2024, § II, 12-2-96)

After March 22, 1986, for hotels and motels located in residential zones that were converted to multiple-family dwelling units, and after May 6, 1981, for all others, a use which is nonconforming shall not be modified without obtaining a conditional use permit therefor. For purposes of this section, a modification shall be defined as follows:

(1)

Any change that is an intensification of use, including but not limited to:

a.

Additions to seating capacity or gross floor area;

b.

Increase in parking required, other than an increase imposed by an ordinance amendment;

c.

Use of additional land;

d.

Commencement of new activities; and/or [cup or intensification]

e.

Increase in the number of hours of operation or staying open later and such change of hours imposes a new burden on the surrounding neighborhood; or

(2)

Any change that is a substantial departure from plans which were the basis of any approved; existing use.

(Ord. No. 1316, § 3.50.085, 6-7-76; Ord. No. 1496, 4-20-81; Ord. No. 1821, § II, 5-21-90; Ord. No. 2024, § II, 12-2-96; Ord. No. 2024, § II, 12-2-96; Ord. No. 2149, § I, 5-1-06)

(a)

Failure to comply with any of the requirements of this division shall render an otherwise valid, nonconforming use unlawful under section 29.10.185.

(b)

Proceedings to determine whether a nonconforming use has become unlawful may be initiated by the Planning Director, Planning Commission, or Town Council.

(c)

Both the property owner and operator of the use should be informed that the result of the proceeding may be cessation of the modified use or a continuation of the modified use with a conditional use permit.

(Ord. No. 1316, § 3.50.086, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1496, 4-20-81; Ord. No. 2024, § II, 12-2-96)

After the hearing the deciding body may declare a nonconforming use unlawful if it finds that one (1) or more of the following grounds exist:

(1)

That the nonconforming use is being, or has been exercised contrary to the terms or conditions of the original approval; or any conditional use permit issued under section 29.10.215;

(2)

That the nonconforming use is so exercised as to be detrimental to the public health or safety, or to be a nuisance;

(3)

That a person has modified a nonconforming use without a use permit under section 29.10.215, or has continued such modification after a permit therefore has been denied.

(Ord. No. 1316, § 3.50.087, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1496, 4-20-81; Ord. No. 1976, § I, 5-2-94; Ord. No. 2024, § II, 12-2-96; Ord. No. 2304, § II, 2-18-20)

(a)

In proceedings to determine whether a nonconforming use has become unlawful, the deciding body may allow the modification to continue under a conditional use permit or allow the nonconforming use to continue without a conditional use permit if the use is restored to the previous level. In no event shall the issuance of a conditional use permit under this section extend the period during which such use may lawfully be continued.

(b)

The deciding body may impose any conditions which are reasonably necessary to protect the neighborhood or the general public welfare or to promote the policy of phasing out nonconforming buildings and uses.

(c)

The effective date of the conditional use permit will be delayed until all application fees are paid. If the fees are not paid within the period specified by the deciding body, the use will be deemed unlawful.

(Ord. No. 1316, § 3.50.088, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1496, 4-20-81; Ord. No. 2024, § II, 12-2-96)

(a)

In a conditional use proceeding initiated under section 29.10.210, the deciding body may allow the nonconforming building to be used for the following types of uses that are not otherwise permitted in the zone:

(1)

Uses that are clearly more consistent with permitted uses in the zone than the most recent nonconforming use in the building if the owner of the nonconforming building proves that the building is not suited for any permitted in the zone even if the building were reasonably modified; or

(2)

Uses that are substantially identical to the most recent nonconforming use in the building if the owner of the nonconforming building proves that the building is not suited for any use that is more consistent with the permitted uses in the zone even if the building were reasonably modified.

In no event may the building be used for any use that is less consistent with the uses permitted in the zone than the most recent lawful activity in the building.

(b)

The deciding body may consider the general availability of users for the building in determining what uses a building is suited for, but the fact of a scarcity of buyers or tenants or the capabilities or intentions of the owner or specific occupant or proposed occupant do not by themselves justify a finding that a building is only suited to house use which is not allowed in the zone.

(Ord. No. 1316, § 3.50.090, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1903, § II, 5-18-92; Ord. No. 2024, § II, 12-2-96)

The general availability of users for the building may be considered in determining what uses a building is suited for, but the fact of a scarcity of buyers or tenants or the capabilities or intentions of the owner or specific occupant or proposed occupant do not by themselves justify a finding that a building is only suited to house an activity which is not allowed in the zone.

(Ord. No. 1316, § 3.50.100, 6-7-76; Ord. No. 1344, 1-17-77)

(a)

Except as specifically provided in subsection (d) below, expansion of the following nonconforming buildings is prohibited:

(1)

Commercial or industrial buildings located in residential zones as defined in section 29.40.010.

(2)

Multiple-family dwellings in RC, HR, R-1, R-D and R-1D zones.

(3)

Industrial buildings in an office or commerical zone as defined in section 29.60.010.

(b)

Nonconforming one- or two-family dwellings and accessory structures on lots with one- and two-family dwellings in any zone may be expanded with the approval of a building permit with the consent of the Planning Director.

(c)

Architecture and site approval is required for the expansion of any nonconforming building allowed by this division except for expansion defined in subsection (b) above.

(d)

When a law, ordinance or regulation concerning public safety or the safety of a workplace requires an alteration to a nonconforming building in order to allow the continuation of an otherwise lawful activity in the building, a conditional use permit may be issued for the alteration. Recordable agreements may be required.

(e)

The following requirements apply to any expansion of a nonconforming building allowed under this section:

(1)

When a building is too close to a property line or a street, any expansion or reconstruction may not be nearer to a property line than the existing building is to that property line. Reconstruction may only be allowed if the Building Official determines that the portion of the building proposed to be demolished has deteriorated to a point that reconstruction is necessary. The projections listed in subsection 29.40.070(b) except chimneys and bay windows may project beyond the wall of the expanded or reconstructed portion subject to the rules of subsection 29.40.070(b).

(2)

When a building is too high, the expansion must be within the current height limitations in the zone.

(3)

When a building covers too much land no expansion is allowed which would increase the coverage. However, second floor additions are allowed as long as the area of the second floor does not exceed the area allowed to be covered by the rules of the zone.

(4)

Approval can be denied if the expansion would in any way cause a safety problem or be detrimental to the public welfare.

(5)

The expansion must take place either on the zoning plot as it existed on the date the building became nonconforming or on the existing zoning plot, whichever is smaller.

(6)

The expansion must not impede the orderly development or redevelopment of neighboring property in a manner which will conform to both the general plan and the current zoning.

(7)

Approval of the expansion may not be inconsistent with the general policy of phasing out nonconforming uses.

(8)

No nonconforming building described in section 29.10.200 shall be enlarged, extended, reconstructed or structurally altered, unless such building is altered to comply with the regulations of the zone where it is located. Work involving ordinary structural alterations or replacement of walls, fixtures or plumbing shall be authorized on such buildings when the cost of the work in any twelve-month period does not exceed fifty (50) percent of the building's value. Value is the estimated cost to replace the building in kind, and is determined by the Building Official.

(f)

For purposes of this section, "expansion" means addition of floor area, increase in volume of structures, or movement of the exterior walls of structures. However, movement of exterior walls that results in greater conformity with the zone does not constitute expansion under this section.

(Ord. No. 1316, § 3.50.110, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1431, 6-4-79; Ord. No. 1493, 3-17-81; Ord. No. 1798, § II, 9-5-89; Ord. No. 2024, § II, 12-2-96; Ord. No. 2149, § I, 5-1-06)

When expansion is allowed by section 29.10.245, the following rules apply:

(1)

When a building is too close to a property line or a street, any expansion or reconstruction may not be nearer to a property line than the existing building is to that property line. Reconstruction may only be allowed if the Building Official determines that the portion of the building proposed to be demolished has deteriorated to a point that reconstruction is necessary. The projections listed in subsection 29.40.070(b) except chimneys and bay windows may project beyond the wall of the expanded or reconstructed portion subject to the rules of subsection 29.40.070(b).

(2)

When a building is too high, the expansion must be within the current height limitations.

(3)

When a building covers too much land no expansion is allowed which would increase the coverage. However, second floor additions are allowed as long as the area of the second floor does not exceed the area allowed to be covered by the rules of the zone.

(4)

Approval can be denied if the expansion would in any way cause a safety problem or be detrimental to the public welfare.

(5)

The expansion must take place either on the zoning plot as it existed on the date the building became nonconforming or on the existing zoning plot, whichever is smaller.

(6)

The expansion must not impede the orderly development or redevelopment of neighboring property in a manner which will conform to both the general plan and the current zoning.

(7)

Approval of the expansion may not be inconsistent with the general policy of phasing out nonconforming uses.

(Ord. No. 1316, § 3.50.115, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1789, § IV, 5-15-89; Ord. No. 1903, § III, 5-18-92)

Except as provided in section 29.10.245, no nonconforming building subject to the provisions of section 29.10.200 shall be enlarged, extended, reconstructed or structurally altered, unless such building is altered to comply with the regulations of the zone where it is located. Work involving ordinary structural alterations or replacement of walls, fixtures or plumbing shall be authorized on such buildings when the cost of the work in any twelve-month period does not exceed fifty (50) percent of the building's value. Value is the estimated cost to replace thebuilding in kind, and is determined by the Building Official. The provisions of this section do not forbid the rebuilding or restoration of a destroyed nonconforming building when authorized by the provisions of section 29.10.260.

(Ord. No. 1316, § 3.50.120, 6-7-76; Ord. No. 1344, 1-17-77)

(a)

Notwithstanding any other provision of this division:

(a)

If a nonconforming single- or two-family dwelling, school or church located in any zone is destroyed, it may be rebuilt on the same foundation in substantially the same manner as it existed before its destruction.

(b)

If a nonconforming multiple-family dwelling located in any zone is destroyed, it may be rebuilt on the same foundation, with the same number of units, in substantially the same manner as it existed before its destruction; and

(b)

If any other nonconforming building is destroyed to the extent of more than fifty (50) percent of its value, then, without further action by the Town, such building and the land on which such building was located shall from and after the date of such destruction be subject to the regulations specified by ordinance for the zone where such land and building are located. Value is to be determined by the Building Official.

(Ord. No. 1316, § 3.50.130, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1493, 3-17-81; Ord. No. 1934, § I, 4-5-93; Ord. No. 2024, § II, 12-2-96)

(a)

In addition to the conditions that may be imposed pursuant to this division and this chapter for issuance of a conditional permit for a nonconforming use or building, the deciding body may impose conditions to promote the phasing out of the nonconforming building or use, and should designate the time in which specific conditions have to be met.

(b)

In a conditional use permit proceeding, the deciding body shall not waive or modify the time in which a nonconforming use has to cease, or a nonconforming building has to be demolished or altered, or otherwise conform to the requirements of the zone when that time period is established by ordinance. Such a modification shall only occur through adoption of an ordinance.

(Ord. No. 2024, § II, 12-2-96)

The following provisions apply to nonconforming lots:

(1)

If the lot is in a residential zone and recognized by the Town as a lawful, separate nonmerged lot pursuant to section 29.10.070, a single-family dwelling may be erected if architecture and site approval is obtained.

(2)

If the lot is in other than a residential zone, it may be used for any purpose allowed in the zone.

(3)

Any rule of the zone including front, side and rear yard requirements may be modified by the terms of the architecture and site approval so that the building and its use will be compatible with the neighborhood.

(Ord. No. 1316, § 3.50.140, 6-7-76; Ord. No. 1344, 1-17-77; Ord. No. 1756, 8-1-88; Ord. No. 2024, § II, 12-2-96)

This division is adopted to meet housing needs shown in the housing element of the general plan.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

This division establishes the below market price program (BMP).

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

The Below Market Price (BMP) Program requires the provision of dwellings that persons and families of moderate and low income can afford to buy or rent, and assures to the extent possible that the resale prices of those dwellings, and rents if they are rented, will be within the means of persons and families of moderate and low income.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

This division shall apply to all residential projects, mixed-use projects, multiple-family dwelling projects, residential condominium projects, condominium conversions, and residential planned development projects (Division 2 of Article VIII of this chapter) either approved after July 4, 1979, or whose approval includes a condition requiring the provision of BMP dwellings.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

For the purposes of this division the following definitions shall apply:

BMP dwelling means any residential dwelling unit designated for very low, low, and moderate income persons and families under the rules of this section.

Person of moderate income means one whose income falls within the range specified by the Town Council in the resolution authorized by section 29.10.3040.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

The Below Market Price Program requirements shall apply to all residential projects, mixed-use projects, multiple-family dwelling projects, residential condominium projects, condominium conversions, and residential planned development projects that include five (5) or more residential units or parcels which involve:

(1)

New construction of ownership or rental housing units, including mixed use developments and addition of units to existing projects;

(2)

Subdivision of property for single family or duplex housing development;

(3)

Conversion of rental apartments to condominiums or other common interest ownership; and

(4)

Conversion of non-residential use to residential use.

The residential projects, mixed-use projects, multiple-family dwelling projects, residential condominium projects, condominium conversions, and residential planned development projects that include five (5) or more residential units are required to provide the following number of BMP units:

(1)

Projects containing five (5) or more but less than twenty (20) market rate units must provide a number of BMP units equal to ten (10) percent of the number of market rate units;

(2)

Projects with from twenty (20) to one hundred (100) market rate units must provide BMP units as determined by the following formula:

Number of BMP units = .225 (total # of market rate units) - 2.5;

(3)

All projects in excess of one hundred (100) market rate units must provide a number of BMP units equal to twenty (20) percent of the market rate units;

(4)

Whenever the calculations of BMP units result in a fraction of one-half or more, the number of units to be reserved is increased to the next whole number; and

(5)

The Town, in limited circumstances, at its sole discretion, may consider an in-lieu payment alternative to the required BMP unit for a project with an underlying zone of HR. The required in-lieu fee is as established by a separate resolution and is to be paid to the Town prior to issuance of the certificate of occupancy for the market rate residential unit that triggered the BMP requirement. The provision for a BMP unit applies if the project is built under the rules of an overlay zone unless the rules of the overlay zone provide otherwise.

BMP units shall be constructed and Certificate of Occupancies secured concurrently with or prior to the construction of the market-rate units. The BMP requirement will be calculated on the basis of the whole development. The Town Council may grant an exception to the phasing requirements during the project approval process.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

The price of BMP units is controlled for the first buyer and for future buyers by the BMP Guidelines as adopted and amended from time to time by Council resolution and as follows:

(1)

The initial price is limited to direct construction cost and a proportionate share of the costs of preparing working drawings and specifications and providing on-site and off-site improvements, determined according to rules set by the Council;

(2)

The initial price does not include the cost of land, profit, or marketing costs;

(3)

Each BMP unit will be subjected to recorded title restrictions concerning manner of fixture sales, occupancy and leasing;

(4)

Each buyer of a BMP unit must agree to sell the unit to a moderate or low income buyer designated by the Town. The Town will designate moderate income persons according to rules adopted by the Council in effect at the time the seller purchased the unit;

(5)

The resale price cannot exceed the original selling price plus the value at the time of sale of improvements added by the owner, and plus an amount equal to the increase in cost of living or housing during the owner's tenure. The index or method to be used in calculating the increase is established by the Council;

(6)

If a BMP unit to be resold has not been properly maintained or for any other reason is in poor condition and in need of cleaning or repair, the Town may elect to do the work or have it done and recover the cost from the sale price limited as provided in subsection (5); and

(7)

The regulations will specify the period for controlled resales. The time period will be in perpetuity or for as long as is practical.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

If an applicant for zoning approval declines to provide BMP units required by ordinance, the zoning approval shall be denied.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

The Council shall adopt by resolution regulations concerning all aspects of the BMP program, including the elements of location of the units, price, buyer eligibility standards, rent, the length of the period during which a unit will be subject to BMP restrictions, the form of recorded instruments and any other matter consistent with the provisions of this section.

(Ord. No. 2181, § III, 10-19-09; Ord. No. 2313, § I, 10-20-20)

This Division is adopted to comply with amendments to Government Code §§ 65852.2, 65852.22, 65852.23, and 65852.26, which mandate that applications for accessory dwelling units be considered ministerially without a public hearing; and sets Town standards for the development of accessory dwelling units in order to increase the supply of affordable housing in a manner that is compatible with existing neighborhoods.

(Ord. No. 2351, § I, 11-21-23)

The following words, terms, and phrases, when used in these accessory dwelling unit regulations, shall have the meanings ascribed to them in this section:

Accessory dwelling unit means a detached or attached residential dwelling unit that is located on the same parcel as a proposed or existing primary dwelling. It shall provide complete independent living facilities for one or more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes efficiency units and manufactured homes.

(1)

A detached accessory dwelling unit is physically separate from a primary dwelling.

(2)

An attached accessory dwelling unit is contained within the space of and/or physically attached to a proposed or existing primary dwelling.

Efficiency kitchen means a limited kitchen that includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. Examples of cooking appliances that may be used are: microwave ovens, hot plates, and similar appliances intended for use on top of a countertop. Refrigerator size is not limited.

Efficiency unit has the meaning set forth in Section 17958.1 of the Health and Safety Code.

High-quality transit corridor has the meaning set forth in Section 21155 of the Public Resources Code.

Junior accessory dwelling unit means a dwelling unit that does not exceed a floor area of five hundred (500) square feet and is entirely contained within the space of a proposed or existing single-family residence. For the purposes of this definition, enclosed spaces within the single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

Kitchen means a cooking facility that includes a permanently installed cooking appliance, sink, refrigerator, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the dwelling unit.

Legal nonconforming zoning condition means a physical improvement on a property that was lawful when it was constructed but does not conform with current zoning standards.

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

Major transit stop has the meaning set forth in Section 21155 of the Public Resources Code.

Manufactured home has the meaning set forth in Section 18007 of the Health and Safety Code.

Nonconforming accessory dwelling unit means a unit that exists under the following circumstances:

(1)

A unit which was created or converted lawfully but, due to a zone change or an amendment to the zoning ordinance, became nonconforming; or

(2)

A unit which was created lawfully while within the County but, upon annexation to the Town, became nonconforming.

Objective design standards means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit and/or junior accessory dwelling unit.

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

Public transit means a location, such as a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Tandem parking means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Unpermitted accessory dwelling unit means a dwelling unit that was created through the construction of a new structure or expansion of an existing structure without the benefit of a Building Permit (at a time when a Building Permit was required) and that cannot be otherwise legalized because it does not comply with development standards provided in this Chapter.

(Ord. No. 2351, § I, 11-21-23)

(a)

Development of an accessory dwelling unit and/or junior accessory dwelling unit consistent with this division shall be reviewed ministerially as a Building Permit and the Town shall take final action within sixty (60) days of submittal of a complete application.

(1)

When an accessory dwelling unit and/or junior accessory dwelling unit is proposed in conjunction with a permit application to create a new single-family or multi-family dwelling, the Town shall not take final action on the accessory dwelling unit and/or junior accessory dwelling unit until the application for the new single-family or multi-family dwelling is approved.

(2)

The Town shall not issue a Certificate of Occupancy for an accessory dwelling and/or junior accessory dwelling unit before the Town issues a Certificate of Occupancy for the primary dwelling.

(b)

Notification. The Town shall not require, and the applicant shall not be otherwise required to provide written notice or post a placard for construction of an accessory dwelling unit and/or junior accessory dwelling unit. No noticing shall be required for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

(c)

Denial. An application may be denied if it does not meet the design and development standards. An application may also be denied if the following findings are made:

(1)

Adverse impacts on health, safety, and/or welfare of the public.

(d)

Appeals. Accessory dwelling units and junior accessory dwelling units that are consistent with this division are ministerial and are not subject to an appeal.

(Ord. No. 2351, § I, 11-21-23)

(a)

Incentive program. Any accessory dwelling unit or junior accessory dwelling unit developed under an Incentive Program which may be established by Resolution of the Town Council shall be made affordable to eligible applicants pursuant to the requirements of the Incentive Program. A Deed Restriction shall be recorded specifying that the accessory dwelling unit or junior accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than eighty (80) percent AMI) provided that the unit is occupied by someone other than a member of the household occupying the primary dwelling.

(b)

Parcel requirements. An accessory dwelling unit and/or junior accessory dwelling unit may only be created on parcels satisfying all the following general requirements:

(1)

Permitted zones. A parcel zoned to allow single-family or multi-family residential use.

(2)

Dwelling unit. A parcel that includes a proposed or existing primary dwelling.

(c)

Number. Accessory dwelling units and/or a junior accessory dwelling unit may be permitted on a residential parcel as follows:

(1)

Single-family development. Not more than one (1) junior accessory dwelling unit contained within the space of a proposed or existing single-family dwelling, and one (1) accessory dwelling unit, may be permitted on a lot with a proposed or existing primary dwelling.

(2)

Multi-family development. Not more than a number equal to twenty-five (25) percent of the existing multi-family dwelling units rounded-up to the next whole number, within the portions of an existing multi-family dwelling not used as livable space (such as storage rooms, boiler rooms, passageways, attics, basements, or garages), and two (2) detached accessory dwelling units, may be permitted on a lot with a proposed or existing multi-family dwelling.

(d)

Floor area ratio (FAR) standards.

(1)

Accessory dwelling units. Accessory dwelling units (attached or detached) are allowed a ten (10) percent increase in the floor area ratio standards for all structures, excluding garages. Exception: Up to eight hundred (800) square feet of gross floor area of an accessory dwelling unit shall be exempt from the applicable FAR standards. This subsection does not apply to junior accessory dwelling units.

(2)

Junior accessory dwelling units. Junior accessory dwelling units are subject to the floor area ratio standards for all structures, excluding garages.

(e)

Lot coverage. Accessory dwelling units and junior accessory dwelling units are exempt from the lot coverage standards applicable to the zone and the accessory structure lot coverage limitations included in Section 29.40.015 (A)(5).

(f)

Parking. One (1) parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to the required minimum number of parking spaces for the primary dwelling. These spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. In addition to parking otherwise required for units as set forth in section 29.10.150 of the Town Code, the number of off-street parking spaces required by this Chapter for the primary dwelling shall be provided prior to the issuance of a Building Permit or final inspection, for a new accessory dwelling unit.

(1)

Exceptions. No parking space shall be required under any of the following conditions:

a.

No additional parking shall be required for a junior accessory dwelling unit.

b.

The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.

c.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

d.

The accessory dwelling unit is contained within the proposed or existing space of, or constructed in substantially the same location and manner as, an existing primary dwelling or accessory structure.

e.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

f.

When there is a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit.

g.

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or multi-family dwelling on the same lot.

h.

When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling shall not be required to be replaced.

i.

When the Director finds that the lot does not have adequate area to provide parking.

(g)

Design standards. The purpose of these objective design standards is to ensure that the residential appearance of a property is maintained and that an accessory dwelling unit and/or junior accessory dwelling unit are compatible with the primary dwelling and the neighborhood. The following objective design standards apply to the construction of an accessory dwelling unit and/or junior accessory dwelling unit:

(1)

Front entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line.

(2)

Front porch. If proposed, front porches shall have a minimum depth of six (6) feet and a minimum width equal to twenty-five (25) percent of the linear width of the front elevation.

(3)

Windows. All second-story windows less than ten (10) feet from rear and/or side property lines shall be clerestory with the bottom of the glass at least six (6) feet above the finished floor, except as necessary for egress purposes as required by the Building Code.

(4)

Balconies and Decks. Balconies, rooftop terraces, and second-story decks are prohibited for all accessory dwelling units and junior accessory dwelling units.

(5)

Outside stairways. Outside stairways serving a second-story accessory dwelling unit and/or junior accessory dwelling unit shall not be constructed on any building elevation facing a street. This standard shall not preclude construction of an eight hundred (800) square-foot accessory dwelling unit.

(6)

Detached and/or attached accessory dwelling units. A detached and/or attached accessory dwelling unit shall match the existing architectural style of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling. An exception to this requirement may be granted pursuant to the requirements of the California Code of Regulations, Title 24.

(7)

Attached garage conversion. An existing attached garage that is converted to an accessory dwelling unit and/or junior accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match those of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling to remove any appearance that the structure was originally a garage.

(8)

Detached garage conversion. An existing detached garage that is converted to an accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match the remaining portions of the detached structure by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim that remove any appearance that the structure was originally a garage.

(h)

Grading.

(1)

To the extent required by Chapter 12, Article II and Section 29.10.09045 (b) of the Town Code, the grading activities set forth in subsection (2) below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application.

(2)

Grading activities associated with the construction of an accessory dwelling unit and/or junior accessory dwelling unit shall not exceed fifty (50) cubic yards, cut plus fill, except:

a.

Light wells that do not exceed the minimum required by the Building Code shall not count as grading activity for the purpose of this section.

b.

Excavation within the footprint of a proposed accessory dwelling unit shall not count as grading activity for the purpose of this section.

(i)

Cut and fill. Construction of an accessory dwelling unit and/or a junior accessory dwelling unit shall be subject to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements for Accessory Dwelling Units and Junior Accessory Dwelling Units) below:

(j)

Retaining walls. Retaining walls shall not exceed five (5) feet in height and shall not run in a continuous direction for more than fifty (50) feet without a break, offset, or planting pocket. Retaining walls shall have a five (5) foot landscape buffer adjacent to the street.

(k)

Light reflectivity value. Exterior materials for accessory dwelling units and/or junior accessory dwelling units in the Hillside Overlay shall comply with requirements in Chapter V, Section I, of the Town's Hillside Development Standards and Guidelines.

(l)

Landscaping. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO).

(m)

Lighting. New exterior lighting fixtures shall be downward directed and utilize shields so that no bulb is visible to ensure that the light is directed to the ground surface and does not spill onto neighboring parcels consistent with Section 29.10.09015 of the Town Code.

(n)

Trees. Any proposed work shall comply with the protection, removal, and replacement requirements for protected trees in Chapter 29, Article I, Division 2, "Tree Protection," of the Town Code.

(o)

Stormwater management. The development shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer.

(p)

Conveyance. Except as provided in CA Government Code Section 65852.26, an accessory dwelling unit may be rented separate from the primary dwelling but may not be sold or otherwise conveyed separate from the primary dwelling.

(q)

Town codes and ordinances. All accessory dwelling units and junior accessory dwelling units shall comply with all the provisions of this Chapter and other applicable Town Codes.

(r)

Building codes. All accessory dwelling units and junior accessory dwelling units shall comply with applicable building, health, and fire codes, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.

(s)

Rentals longer than 30 days. Rentals for durations of less than thirty (30) days, including short-term rentals (as defined by the California Government Code), are prohibited.

(t)

Maximum number of dogs, cats, or litters. All accessory dwelling units shall comply with Section 4.40.010 of the Town Code.

(Ord. No. 2351, § I, 11-21-23)

An accessory dwelling unit must comply with the following objective development standards:

(a)

Location.

(1)

No detached accessory dwelling unit may be constructed in front of the primary dwelling except in the HR zones.

(2)

No accessory dwelling unit may be constructed in front of a primary dwelling or added to an existing second story of a primary dwelling that is any of the following:

a.

A Historic Structure, as defined in section 29.10.020 of the Zoning Code;

b.

Listed in the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article VII, Division 3, "Historic Preservation and LHP or Landmark and Historic Preservation Overlay Zone;" or

c.

Listed in the California Register of Historical Resources.

(b)

Setbacks. Accessory dwelling units shall be subject to the setback requirements specified in Table 1-2 (Accessory Dwelling Unit Setback Requirements) below:

(c)

Maximum unit size.

(1)

The maximum floor area of an accessory dwelling unit is one thousand two hundred (1,200) square feet.

(2)

An attached accessory dwelling unit that is not created though conversion of existing space shall not exceed fifty (50) percent of the size of the existing primary dwelling. Exception: Up to eight hundred (800) square feet of gross floor area of an attached accessory dwelling unit shall be exempt from this subsection.

(3)

Detached accessory dwelling units exceeding a combined square footage of four hundred fifty (450) square feet in the R-1, R-D, R-M, RMH, and R-lD zones shall not be subject to the Administrative Procedure for Minor Residential Projects. Detached accessory dwelling units exceeding a combined square footage of six hundred (600) or one thousand (1,000) square feet in the HR and RC zones shall not be subject to Development Review Committee or Planning Commission approval.

(d)

Maximum number of bedrooms. There is no limit on the number of bedrooms in an accessory dwelling unit.

(e)

Stories. Accessory dwelling units shall be contained within one (1) story.

(f)

Height. Accessory dwelling units shall be subject to the height requirements below:

(1)

A height of sixteen (16) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling.

(2)

A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor. An additional two feet in height shall be provided to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(3)

A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing multi-family, multi-story dwelling.

(4)

A height of twenty-five (25) feet or the height limitation of the applicable zoning district that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a proposed or existing two-story primary dwelling.

(5)

Accessory dwelling units may be added directly above an existing one-story accessory structure on a property with a proposed or existing two-story primary dwelling in the R-1, R-D, R-M, RMH, and R-1D zones. These second-story accessory dwelling units may not be internally connected to the accessory structure below by an interior staircase.

(g)

Entrances. Attached accessory dwelling units shall include a separate entrance from the main entrance to the proposed or existing primary dwelling. An accessory dwelling unit contained on a second story shall be served by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created but shall not be required by the Town.

(h)

Interior connection. An attached accessory dwelling unit may, but shall not be required to, contain an interior doorway connection between the primary dwelling and the accessory dwelling unit.

(i)

Conversion of existing floor area. An accessory dwelling unit shall be permitted if the accessory dwelling unit is contained within the existing space of, or constructed in the same location and manner as, an existing primary dwelling or accessory structure. The following provisions shall apply:

(1)

The accessory dwelling unit shall be located on a lot zoned to allow single-family, two-family, or multi-family residential use.

(2)

The accessory dwelling unit shall have a separate entrance from the primary dwelling.

(3)

The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety.

(4)

An expansion of one hundred fifty (150) square feet beyond the physical dimensions of an existing structure, limited to accommodating ingress and egress, shall be permitted.

(5)

When an existing structure is nonconforming as to setback standards and converted to an accessory dwelling unit, any expansion of that structure may not be nearer to a property line than the existing building in accordance with section 29.10.245.

(j)

Density. Accessory dwelling units that conform to California Government Code Section 65852.2 shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing General Plan and zoning designation for the lot.

(k)

Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(Ord. No. 2351, § I, 11-21-23)

(a)

Location. A junior accessory dwelling unit shall be constructed entirely within the walls of the proposed or existing single-family residence. For the purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. Junior accessory dwelling units may not be located within the space of, or attached to, a detached accessory structure of any type.

(b)

Setbacks. A junior accessory dwelling unit shall be subject to the setback requirements of the applicable zoning district for a single-family residence, or the setbacks established by the existing single-family residence within which the junior accessory dwelling unit is located, whichever is less and sufficient for fire safety.

(c)

Maximum unit size. The maximum floor area of a junior accessory dwelling unit is five hundred (500) square feet, measured from the outer face of exterior walls and the centerline of shared interior walls.

(d)

Entrances. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence. When separate sanitation facilities are not included within the space of the junior accessory dwelling unit, an interior entry into the main living area of the primary dwelling shall be provided in addition to the separate entrance from the main entrance to the proposed or existing single-family residence. A junior accessory dwelling unit contained on a second story shall be served by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created but shall not be required by the Town.

(e)

Kitchen. A junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen.

(f)

Sanitation facilities. A junior accessory dwelling unit may include separate sanitation facilities, or it may share sanitation facilities with the single-family residence. If sanitation facilities are not provided within the space of the junior accessory dwelling unit, an interior doorway shall be provided between the junior accessory dwelling unit and the living area of the single-family dwelling.

(g)

Owner-occupancy. The property owner shall reside in the single-family residence in which the junior accessory dwelling unit will be located. The property owner may reside in either the remaining portion of the single-family residence or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(h)

Deed Restriction. Prior to Building Permit issuance, the applicant shall record a Deed Restriction in the form prescribed by the Town, which shall run with the land and provide for all the following:

(1)

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(2)

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

(3)

Owner-occupancy consistent with this section.

(i)

Fire or life protection. For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

(Ord. No. 2351, § I, 11-21-23)

This section provides a mechanism to legalize unpermitted accessory dwelling in compliance with Government Code Section 65852.23.

(a)

Applicability. This section applies to accessory dwelling units that were unlawfully constructed prior to January 1, 2018, and that have not been deemed substandard pursuant to Section 17920.3 of the Health and Safety Code by the building official. The Community Development Director may determine construction date by any credible means warranted, including use of aerial photography, county records, photographs, and signed affidavits.

(b)

Relief. The Town shall not deny a permit to legalize an unpermitted accessory dwelling solely due to either of the following:

(1)

The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code; or

(2)

The accessory dwelling unit does not comply with Government Code Section 65852.2; or

(3)

The accessory dwelling unit does not comply with this Chapter.

(c)

Approval. An unpermitted accessory dwelling unit may be legalized in compliance with Section 29.10.315 (Review Process).

(d)

Enforcement. A property owner who makes known to the Town the existence of an unpermitted accessory dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and penalties as specified by Division 9 of this Chapter.

(e)

Exception. The Town may deny a permit to legalize an unpermitted accessory dwelling unit and instead require correction of the violation(s) if the Building Official makes a finding that correcting the violation(s) is necessary to protect the health and safety of the public or occupants of the structure.

(Ord. No. 2351, § I, 11-21-23)

(a)

Permits. The owner of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit, as defined in Section 29.10.310, must obtain a permit in compliance with Section 29.10.315 (Review Process).

Where an application has been submitted for a nonconforming accessory dwelling unit and/or junior accessory dwelling unit and Town records do not establish its nonconforming status, the property owner will have sixty (60) days from the date the Town provides notice of its findings to submit any facts and evidence to support a claim that the unit is nonconforming as defined in this Article. If at the end of sixty (60) days evidence has not been submitted by the property owner to establish the accessory dwelling unit and/or junior accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the unit shall be determined to be an unpermitted accessory dwelling unit pursuant to section 29.10.335 and subject to its regulations.

(b)

Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit and/or junior accessory dwelling unit shall become nonconforming and the owner must either apply for a permit pursuant to Section 29.10.315 (Review Process) within one (1) year of the date of annexation. A property owner who makes known to the Town the existence of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and penalties as specified by Division 9 of this chapter.

(Ord. No. 2351, § I, 11-21-23)

In order to eliminate and/or demolish, without replacement, an approved accessory dwelling unit and/or junior accessory dwelling unit, the Development Review Committee shall make the finding that the proposed elimination and/or demolition, (without replacement), is consistent with the Town's Housing Element of the General Plan. In order to eliminate and/or demolish an existing accessory dwelling unit, the Development Review Committee must make the demolition findings pursuant to Section 29.10.09030.

(Ord. No. 2351, § I, 11-21-23)

The Town shall not deny an application for a permit to create an accessory dwelling unit and/or junior accessory dwelling unit based on a need for the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit and/or junior accessory dwelling unit.

(Ord. No. 2351, § I, 11-21-23)

(a)

An accessory dwelling unit may be required to have a new or separate unity connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values.

(1)

Exceptions: Junior accessory dwelling units, accessory dwelling units within the proposed space of a single-family dwelling, or accessory dwelling units within the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(Ord. No. 2351, § I, 11-21-23)

(a)

Connection fees and capacity charges. An accessory dwelling unit shall not be considered by the Town, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(b)

Impact fees. An accessory dwelling unit less than seven hundred fifty (750) square feet or a junior accessory dwelling unit is exempt from impact fees imposed by the Town, special district, or water corporation. An accessory dwelling seven hundred fifty (750) square feet or greater is subject to the Traffic Impact Fee requirements of the Town's Traffic Impact Policy (Policy 1-08), as may be amended from time to time. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subparagraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of CA Government Code Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

(Ord. No. 2351, § I, 11-21-23)

The density bonus ordinance in this chapter is intended to comply with the State Density Bonus Law codified in California Government Code Section 65915 et seq., which provides that a local government shall grant a density bonus and an additional concession, or financially equivalent incentive(s), to a qualified housing development agreeing to construct a specific percentage of housing for lower income households, very low income households, or senior housing as defined by state law.

(Ord. No. 2209, § 1, 6-18-12)

(a)

In addition to providing a density bonus and additional concession or equivalent incentives to a qualified housing development for lower income and very low income households or senior housing, it is the intent to apply the state law density bonus to qualified physically handicapped persons. The term "physically handicapped" shall be defined pursuant to California Health and Safety Code Section 50070 and the Density Bonus Program Guidelines initially adopted by Town Council in 2012 and amended from time to time thereafter.

(b)

Applicant who elects to proceed with a housing development using the state law density bonus shall not be eligible for any density increases under the Town's General Plan Density Bonus Policy or the General Plan Below Market Price (BMP) Program as set forth in the Town's Housing Element portion of the General Plan.

(Ord. No. 2209, § 1, 6-18-12)

Applicants who voluntarily agree to develop a housing development project that complies with the affordability requirements referenced in Government Code 65915 et seq. shall conform to the Density Bonus Program Guidelines adopted by Town Council (initial adopted in 2012) and as may be amended from time to time.

(Ord. No. 2209, § 1, 6-18-12)

(a)

Nothing in Division 8 of this Chapter 29 limits the Town's right to deny an affordable housing project electing to proceed under the state law density bonus provisions, if the Council makes written findings, based on substantial evidence, any of the following:

1.

The Town has adopted a housing element as part of the general plan, and the Town has met or exceeded its share of the regional housing needs for the income category proposed for the development project;

2.

The project as proposed would have a specific, adverse impact upon the public health or safety which cannot be satisfactorily mitigated without rendering it unaffordable to lower-income households;

3.

The denial of the project or imposition of conditions is required in order to comply with State or Federal law and there is no feasible method to comply without rendering the development unaffordable to lower-income households;

4.

The development project is proposed on land zoned for agriculture or resource preservation which is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, and which does not have adequate water or wastewater facilities to serve the project.

5.

The development project is inconsistent with the Town's general plan land use designation as it existed on the date the application was deemed complete, and the town has adopted a housing element pursuant to state law.

(b)

Nothing in this chapter limits the Town's right to deny a senior housing project if the Town finds, based on substantial evidence, that the project would have a specific, adverse impact upon the public health or safety; and there is no feasible method to satisfactorily mitigate or avoid the adverse impact identified.

(Ord. No. 2209, § 1, 6-18-12)

Applicant requesting a state law density bonus on any rental or for sale project shall agree to enter into a density bonus housing agreement with the Town as required under the density bonus program guidelines. This housing agreement shall be made a condition of the planning permits for all residential developments pursuant to this division and shall be recorded as a restriction on any parcels on which the density bonus units will be constructed.

(Ord. No. 2209, § 1, 6-18-12)

(a)

All affordable units shall be occupied by the household type specified in the written housing agreement required under this division. The applicant's obligation to maintain these units as affordable housing shall be evidenced by the housing agreement which shall be recorded as a deed restriction running with the land.

(b)

The Town may establish fees associated with the setting up and monitoring of affordable units.

(c)

The owner shall submit an annual report to the Town, on a form provided by the Town. The report shall include for each affordable unit the rent, income, and family size of the household occupying the unit.

(d)

The owner shall provide to the Town any additional information required by the Town to insure the long-term affordability of the affordable units by eligible households.

(Ord. No. 2209, § 1, 6-18-12)

An administrative fee shall be charged to the applicant for the review of all materials submitted in accordance with this division and for future monitoring of the affordability of the project. The fee amount shall be established and will be included in the Town's Master Fee Schedule. Fees will be charged for staff and consultant time associated with the development review process, project marketing and leasing, and compliance with the affordability requirements of the project.

(Ord. No. 2209, § 1, 6-18-12)

Any person aggrieved by the denial, conditioning, suspension, or revocation of a density bonus housing development in compliance with the provisions of this division may appeal such action or determination to the Council in compliance with Chapter 29, Article II (Administration and Enforcement) of the Town Code.

(Ord. No. 2209, § 1, 6-18-12)

The intent of this division is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of the Town's land use regulations and to establish relevant criteria to be used when considering such requests.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

This division provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This division is intended to apply to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

(a)

The applicant shall file an application to request a reasonable accommodation which shall include the following:

(1)

Information noting the applicant's eligibility under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

(2)

The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

(3)

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(b)

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to; architecture and site, conditional use permit, zone change, minor residential development), then the applicant shall file the information required by subsection (a) together for concurrent review with the application for discretionary approval.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

(a)

Requests for reasonable accommodation shall be reviewed by the Planning Director if no approval is sought other than the request for reasonable accommodation. The Planning Director shall make a written determination within forty-five (45) days of the date of the request.

(b)

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authorities reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the deciding body responsible for determining the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

(a)

Findings. The deciding body, on the basis of the evidence submitted, may approve a request for reasonable accommodation if it finds all of the following:

(1)

The housing will be used by an individual disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

(2)

The request is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

(3)

The request would not impose an undue financial or administrative burden on the Town.

(4)

The request would not require a fundamental alteration in the nature of a Town program or law, including but not limited to land use and zoning.

(5)

There would be no impact on surrounding uses.

(6)

Due to physical attributes of the property or structures the request is necessary.

(7)

There is no alternative reasonable accommodation which may provide an equivalent level of benefit.

(b)

Conditions of approval. In granting a request for reasonable accommodation, the deciding body may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (a) above.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

The Town Council finds and determines that this division is applicable only to voluntary applications for two-unit housing developments and urban lot splits consistent with Senate Bill (SB) 9. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Zoning Code and Subdivision Code. Development applications that do not satisfy the definitions for a two-unit housing development or an urban lot split provided in Section 29.10.610 (Definitions) shall not be subject to this Ordinance. Any provision of this division which is inconsistent with SB 9 shall be interpreted in a manner which is the most limiting on the ability to create a two-unit housing development or urban lot split, but which is consistent with State law. The provisions of this Division shall supersede and take precedence over any inconsistent provision of the Town Code to the extent necessary to effect the provisions of this division.

(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § I, 5-21-24)

In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this division. Where a conflict may exist, the definitions in this division shall apply.

Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest.

Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant.

Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.

Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

Common ownership or control means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten (10) percent or more of the interest in the property.

Entry feature means a structural element, which leads to an entry door.

Existing structure means a lawfully constructed building that has received final building permit clearance.

First residential unit means one (1) of two (2) primary dwelling units developed under a two-unit housing development and can be an existing primary dwelling unit if it meets or is modified to meet the 1,200-square foot floor area limitation on first residential units.

Flag lot means "lot, corridor" as defined in Section 29.10.020 of Town Code.

Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

Two-unit housing development means an application proposing no more than two (2) primary dwelling units on a single parcel located within a single-family residential zone as authorized by Government Code Section 65852.21. A two-unit housing development shall consist of either the construction of no more than two (2) new primary dwelling units, one (1) new primary dwelling unit and retention of one (1) existing primary dwelling unit, or retention of two (2) existing legal non-conforming primary dwelling units where one (1) or both units are subject to a proposed addition or alteration.

Public transportation means a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.

Single-family residential zone means a "R-1 or Single-Family residential Zone", "R-1D or Single-Family Residential Downtown Zone", or "HR or Hillside Residential Zone" as specified in article IV, "Residential Zones," of the Zoning Code.

Subdivision Code means Chapter 24 of the Los Gatos Town Code.

Sufficient for separate conveyance means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

Urban lot split means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Government Code Section 66411.7.

Zoning Code means Chapter 29 of the Los Gatos Town Code.

(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § II, 5-21-24)

An urban lot split or a two-unit housing development may only be created on parcels satisfying all of the following general requirements:

(1)

Zoning district. A parcel that is located within a single-family residential zone.

(2)

Legal parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Town's Subdivision Regulations in effect at the time the parcel was created. Applications for an urban lot split or two-unit housing development will only be accepted on parcels with either a recorded parcel map or certificate of compliance. When both an urban lot split and two-unit housing development application are submitted simultaneously, no construction or building permits for new construction or grading activities may be issued until the new parcel map for the urban lot split approval has been recorded.

(3)

Excluding historic property. A parcel that is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel that does not contain a Historic Structure, as defined in Town Code Section 29.10.020, or is not listed on the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article VII, Division 3, "Historic Preservation and LHP or Landmark and Historic Preservation Overlay Zone."

(4)

Excluding very high fire hazard severity zone. A parcel that is not within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; and (iii) Section 7A of the California Building Code (Title 24 of the California Code of Regulations).

(5)

Excluding hazardous waste sites. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.

(6)

Excluding earthquake fault zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the two-unit housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Health and Safety Code Division 13), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(7)

Excluding flood zone. A parcel that is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) on the official maps published by the Federal Emergency Management Agency unless a letter of map revision prepared by the Federal Emergency Management Agency has been issued or if the proposed two-unit housing development is constructed in compliance with the provisions of Town Code Chapter 29, Article XI, "Floodplain Management," as determined by the floodplain administrator.

(8)

Excluding natural habitat. A parcel that is not recognized by the Town as a habitat for protected species identified as a candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(9)

Excluding prime farmland and wetlands. A parcel that contains either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction; or wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(10)

Excluding conservation easements. A parcel subject to a recorded conservation easement.

(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § III, 5-21-24)

Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions:

(1)

Zoning standards. The following objective zoning standards supersede any other standards to the contrary that may be provided elsewhere in the Zoning Code, as they pertain to a two-unit housing development under Government Code Section 65852.21. Two-unit housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by subsection (4), "Exceptions:"

a.

Building height. Maximum building height shall be as specified by the applicable zoning district for the main structure. Buildings located within the required side or rear setbacks of the applicable zoning district, and those located in the Hillside Residential (HR) zones, shall not exceed sixteen (16) feet in height;

b.

New driveways. Each parcel shall include no more than a single driveway unless the parcel has more than one hundred (100) feet of contiguous street frontage or more than one (1) existing driveway. Any new driveway shall satisfy the following requirements:

1.

A minimum width of ten (10) feet up to a maximum width of eighteen (18) feet. Driveways in the Hillside Residential (HR) zones shall have a minimum width of twelve (12) feet;

2.

A minimum depth of eighteen (18) feet measured from the front or street side property line;

3.

Surfacing shall comply with Town Code Section 29.10.155(e);

4.

Only a single driveway curb-cut shall be permitted per parcel unless the parcel has more than one hundred (100) feet of contiguous street frontage, designed in accordance with the Town's Standard Specifications and Plans for Parks and Public Works Construction; and

5.

A maximum slope of fifteen (15) percent.

c.

Dwelling unit type. The primary dwelling units comprising a two-unit housing development may take the form of detached single-family dwellings, attached units, and/or duplexes. A duplex may consist of two (2) dwelling units in a side-by-side or front-to-back configuration within the same structure or one (1) dwelling unit located atop another dwelling unit within the same structure;

d.

Fencing. All new fencing shall comply with the requirements of sections 29.40.030 through 29.40.0325 of the Zoning Code;

e.

Floor area ratio and lot coverage.

1.

The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.

2.

For flag/corridor lots, the gross lot size includes the access corridor for the purposes of determining maximum floor area ratio and lot coverage as follows:

i.

When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and

ii.

When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot.

3.

The maximum size of the first new residential unit shall not exceed one thousand two hundred (1,200) square feet.

4.

When a two-unit housing development is proposed and the existing structures are at or below the maximum allowed floor area, a ten (10) percent increase in the floor area ratio standards for residential structures is allowed, excluding garages, and this increase in floor area cannot be combined with a separate increase for an accessory dwelling unit allowed by Town Code Section 29.10.320. The additional floor area allowed by this subsection shall not exceed one thousand two hundred (1,200) square feet.

5.

Notwithstanding the floor area ratio and lot coverage standards in this subsection, a new two-unit housing development with unit sizes of 800 square feet or less shall be permitted.

f.

Grading.

1.

To the extent required by Chapter 12, Article II and Section 29.10.09045(b) of the Town Code, the grading activities set forth in subsection 2. below may require a grading permit, but will not require discretionary review of an architecture and site application;

2.

Grading activity associated with a two-unit housing development shall not exceed fifty (50) cubic yards, cut plus fill, except:

i.

Light wells that do not exceed the minimum required per Building Code shall not count as grading activity for the purpose of this section;

ii.

Grading activities required to provide the minimum driveway and fire access as required by the Santa Clara County Fire Department shall not count as grading activity for the purpose of this section; and

iii.

Excavation within the footprint of a primary dwelling unit or garage shall not count as grading activity for the purpose of this section.

g.

Cut and Fill. Two-unit housing developments shall be subject to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements) below:

h.

Building Sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located on lands with slopes exceeding thirty (30) percent. This provision applies only to the building site, not the property as a whole;

i.

Retaining walls. Retaining walls shall not exceed five (5) feet in height and shall not run in a straight continuous direction for more than fifty (50) feet without a break, offset, or planting pocket. Retaining walls shall have a five-foot landscaped buffer when adjacent to the street;

j.

Light reflectivity value. Exterior material colors for primary dwelling units and garages in the Hillside Residential (HR) zones shall comply with requirements in Chapter V, Section I, of the Town's Hillside Development Standards and Guidelines;

k.

Landscaping requirement. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO);

l.

Lighting. New exterior lighting fixtures shall be downward directed and utilize shields so that no bulb is visible to ensure that the light is directed to the ground surface and does not spill light onto neighboring parcels consistent with Section 29.10.09015 of the Zoning Code;

m.

Trees. Any proposed work shall comply with the protection, removal, and replacement requirements for protected trees in Chapter 29, Article 1, Division 2, "Tree Protection," of Town Code;

n.

Minimum living area. The minimum living area of a primary dwelling unit shall be 150 square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1;

o.

Parking.

1.

One (1) parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one (1) or more car-share vehicles within one (1) block of the parcel.

2.

Parking stalls may either be uncovered or covered (garage or carport) in compliance with applicable developments standards of the Zoning Code, including Chapter 29, Article I, Division 4, "Parking," except that uncovered parking spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking.

p.

Setbacks. Two-unit housing developments and attached garages shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below. Detached garages and detached accessory structures shall meet the setback requirements specified in Town Code Section 29.40.015 (Accessory Buildings).

q.

Stormwater management. The development shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer; and

r.

Utilities. New units shall be designed as individual units, with separate gas, electric, and water utility connections directly between each dwelling unit and the utility.

(2)

Design review standards. The following objective design review standards apply to construction of new primary dwelling units and to any addition and/or alteration to existing primary dwelling units as part of a two-unit housing development, except as provided by subsection (4) below, "Exceptions:"

a.

Balconies/decks. Rooftop and second floor terraces and decks are prohibited. Balconies shall only be permitted on the front- and street-side elevations of a primary dwelling unit fronting a public street. Such balconies shall be without any projections beyond the building footprint;

b.

Finished floor. The finished floor of the first story shall not exceed three (3) feet in height as measured from finished grade;

c.

Front entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line;

d.

Front porch. If proposed, porches shall have a minimum depth of six (6) feet and a minimum width equal to twenty-five (25) percent of the linear width of the front elevation;

e.

Second story setback. The interior side and rear elevations of the second story of a two-story primary dwelling unit shall have a minimum setback of nine (9) feet;

f.

Garages. Street-facing attached garages shall not exceed fifty (50) percent of the linear width of the front-yard or street-side yard elevation;

g.

Plate height. The plate height of each story shall be limited to a maximum of ten (10) feet as measured from finished floor, and when above the first floor the plate height shall be limited to a maximum of eight (8) feet; and

h.

Windows. All second story windows less than ten (10) feet from rear and interior side property lines shall be clerestory with the bottom of the glass at least six (6) feet above the finished floor except as necessary for egress purposes as required by the Building Code.

i.

Prohibited materials. The following exterior materials are prohibited on all building exteriors:

1.

Vinyl siding; and

2.

Plywood.

j.

Mechanical equipment. Heating, ventilation, and air conditioning (HVAC) units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence.

(3)

General requirements and restrictions. The following requirements and restrictions apply to all two-unit housing developments, inclusive of existing and new primary dwelling units, except as provided by subsection (4) below, "Exceptions:"

a.

Number of units. A maximum of four (4) units, with a maximum of two (2) primary dwelling units, on lots that have not undergone an urban lot split.

b.

Accessory dwelling units. In addition to the two (2) residential units allowed under this section, consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code, one (1) accessory dwelling unit and one (1) junior accessory dwelling unit shall be allowed on lots that have not undergone an urban lot split.

c.

Building and Fire Codes. The International Building Code ("Building Code"), and the California Fire Code and International Fire Code (together, "Fire Code"), as adopted by Chapter 6 of the Town Code, respectively, apply to all two-unit housing developments.

d.

Encroachment permits. Separate encroachment permits, issued by the Parks and Public Works Department, shall be required for the installation of utilities to serve two-unit housing developments. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work.

e.

Restrictions on demolition. The two-unit housing development shall not require either demolition of more than twenty-five (25) percent of the exterior walls or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. This shall be evidenced by an attestation from the property owner;

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or

3.

Housing that has been occupied by a tenant in the last three (3) years. This shall be evidenced by an attestation from the property owner.

If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit housing development shall sign an affidavit, stating that none of the conditions listed above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three (3) years on a form prescribed by the Town.

If any existing dwelling unit is proposed to be demolished, the applicant shall comply with the replacement housing provisions of Government Code Section 66300(d).

f.

Recorded covenant. Prior to building permit issuance, the applicant shall record a restrictive covenant in the form prescribed by the Town, which shall run with the land and provide for the following:

1.

A limitation restricting the property to residential uses only; and

2.

A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.

(4)

Exceptions. If any of the provided zoning standards or design review standards would have the effect of physically precluding construction of up to two (2) primary dwelling units or physically preclude either of the two (2) primary dwelling units from being at least eight hundred (800) square feet in floor area, the Community Development Director shall grant an exception to the applicable standard(s) to the minimum extent necessary as specified by this section. An exception request shall be explicitly made on the application for a two-unit housing development.

a.

Determination. In order to retain adequate open space to allow for recreational enjoyment, protection of the urban forest, preservation of the community character, reduction of the ambient air temperature, and to allow for the percolation of rainfall into the groundwater system, when considering an exception request, the Community Development Director shall first determine that a reduction in any other zoning and/or design review standard(s) will not allow the construction of the two-unit housing development as specified by this section prior to allowing an exception(s) to the landscaping requirement, front-yard setback, or street-side setbacks standards.

(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2351, § III, 11-21-23; Ord. No. 2359, § IV, 5-21-24)

Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements:

(1)

Application type. Two-unit housing developments shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. The permitting provisions of Town Code Sections 29.20.135 through 29.20.160, "Architecture and Site Approval," shall not be applied;

(2)

Application filing. An application for a two-unit housing development, including the required application materials and fees, shall be filed with the Community Development Department;

(3)

Neighbor notification. In addition to the standard application materials, the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (which will consist of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street).

(4)

Building Permits. Approval of a two-unit housing development application shall be required prior to acceptance of an application for building permit(s) for the new and/or modified primary dwelling unit(s) comprising the two-unit housing development;

(5)

Denial. The Community Development Director may deny a two-unit housing development project only if the Building Official makes a written finding, based upon a preponderance of the evidence, that the two-unit housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and

(6)

Appeals. Two-unit housing application decisions are ministerial and are not subject to an appeal.

(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § V, 5-21-24)

Urban lot splits shall comply with the following objective subdivision standards, and general requirements and restrictions:

(1)

Subdivision standards. The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Zoning Code or Subdivision Code, as they pertain to creation of an urban lot split under Government Code Section 66411.7:

a.

Flag/corridor lots. The access corridor of a flag/corridor lot (Town Code Section 29.10.085) shall be either in fee as part of the parcel or as an easement, and shall be a minimum width of 12 feet;

b.

Minimum lot size. Each new parcel shall be approximately equal in lot area provided that one (1) parcel shall not be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than one thousand two hundred (1,200) square feet in lot area. If one (1) of the proposed lots is a flag/corridor lot, the area of the access corridor shall count toward the lot area as follows:

1.

When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and

2.

When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot.

c.

Minimum lot width. Each new parcel shall maintain a minimum lot width of twenty (20) feet;

d.

Minimum public frontage. Each new parcel shall have frontage upon a street with a minimum frontage dimension of twenty (20) feet, except as allowed above for flag/corridor lots;

e.

Number of lots. The parcel map to subdivide an existing parcel shall result in no more than two (2) parcels; and

f.

Lot Merger. Lots resulting from an urban lot split shall not be merged unless that lot merger can be done without loss of housing units and without causing a non-conforming building, lot, or use.

(2)

General requirements and restrictions. The following requirements and restrictions apply to all proposed urban lot splits:

a.

Adjacent parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this division;

b.

Dedication and easements. The Town Engineer shall not require dedications of rights-of-way nor the construction of offsite improvements but may, however, require recording of easements necessary for the provision of private services, facilities, and future public improvements or future public services, facilities, and future public improvements;

c.

Existing structures. Existing structures located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached unit as provided for in Table 1-2 (Setback Requirements, Exception Number 3). All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map;

d.

Intent to occupy. The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one (1) of the housing units on the newly created parcels as their principal residence for a minimum of three (3) years from either:

1.

The date of the approval of the urban lot split when the intent is to live in an existing residence; or

2.

Certificate of occupancy when the intent is to occupy a newly constructed residential unit.

This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code;

e.

Non-conforming conditions. The Town shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than setbacks as specified by Table 1-2 (Setback Requirements, Exception Number 2), maximum allowed lot coverage, and maximum allowed floor area ratio;

f.

Number of units. No more than two (2) dwelling units may be located on any lot created through an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as two-unit developments. Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map;

g.

Prior subdivision. A parcel created through a prior urban lot split may not be further subdivided. The subdivider shall submit a signed deed restriction to the Community Development Director documenting this restriction. The deed restriction shall be recorded on the title of each parcel concurrent with recordation of the parcel map;

h.

Restrictions on demolition. The proposed urban lot split shall not require either the demolition of more than twenty-five (25) percent of the exterior walls or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. This shall be evidenced by an attestation from the property owner;

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or

3.

Housing that has been occupied by a tenant in the last three (3) years. This shall be evidenced by an attestation from the property owner;

If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an urban lot split shall sign an affidavit, stating that none of the conditions listed above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three (3) years on a form prescribed by the Town. The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using and urban lot split;

i.

Replacement units. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d);

j.

Recorded covenant. Prior to approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the Town, which shall run with the land and provide for the following:

1.

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section;

2.

A limitation restricting the properties to residential uses only; and

3.

A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.

k.

Stormwater management. The subdivision shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer;

l.

Utility providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map; and

m.

Compliance with Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7.

(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24)

Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:

(1)

Application type. Urban lot splits shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. A tentative parcel map shall not be required;

(2)

Application filing. An urban lot split application, including the required application materials and fees, shall be filed with the Community Development Department;

(3)

Neighbor notification. In addition to the standard application materials, the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (which will consist of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street).

(4)

Parcel map. Approval of an urban lot split permit shall be required prior to acceptance of an application for a parcel map for an urban lot split. Applicants shall apply for an urban lot split parcel map and pay all fees;

(5)

Development. Development on the resulting parcels is limited to a project approved by the two-unit housing development process, the Town's Accessory Dwelling Unit process, or through the Town's standard discretionary process;

(6)

Denial. The Community Development Director may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that an urban lot split or two-unit housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and

(7)

Appeals. Urban lot split application decisions are ministerial and are not subject to an appeal.

(Ord. No. 2334, § 2, 11-15-22; Ord. No. 2359, § VI, 5-21-24)

If SB 9 is repealed or otherwise rescinded by the California State Legislature or by the People of the State of California, this division shall be repealed."

(Ord. No. 2334, § 2, 11-15-22)