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Ord 2280 - Amending Chapter Regarding Shared Parkingand ORDINANCE 2280 ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING SHARED PARKING WHEREAS, The Town Council would like to streamline the process for shared parking; WHEREAS, on February 15, 2018, the Town Council Policy Committee considered economic vitality initiatives to streamline application processes for Town businesses and directed staff to bring forward amendments to the Town Code regarding shared parking for consideration by the Planning Commission and the Town Council; and WHEREAS, the Planning Commission considered the proposed amendments regarding shared parking at its meeting of January 23, 2019, and forwarded a recommendation for approval to the Town Council; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on March 5, 2019; and WHEREAS, on March 5, 2019, the Town Council accepted the report of the Planning Commission's recommendation and voted to introduce an Ordinance on the proposed amendments regarding shared parking. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Chapter 29 of the Town Code is hereby amended as follows: ARTICLE I. DIVISION 4. PARKING Sec. 29.10.145. Requirements generally. (f) Spaces for one 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. 1of4 Ordinance 2280 March 19, 2019 Sec. 29.10.150. Number of off - street spaces required. (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. Sec. 29.20.185 Table of Conditional Uses Alternating use of off - street parking spaces will be removed from the table of Conditional Uses. SECTION II The Town Council finds and determines that: 1. The adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text 2 of Ordinance 2280 March 19, 2019 amendments will have no significant negative effect on the environment; and 2. The amendments to Chapter 29 of the Town Code (Zoning Regulations) are consistent with the General Plan. SECTION III If any provision of this Ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION V This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c),(1). 3of4 Ordinance 2280 March 19, 2019 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 5m day of March, 2019, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of March, 2019. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Mar NAYS: None. ABSENT: None. ABSTAIN: None. MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNI DATE: 2 Z ATTEST: TOWN CLERK OF THE T OWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 4 of Ordinance 2280 March 19, 2019