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Ord 1832 - Amending the zoning ordinance relating to traffic impactsORDINANCE 1832 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Section 5.20.030 of the Town Zoning Ordinance is amended to read: SEC. 5.20.030: APPROVAL REOUIRED Architecture and Site Approval is required in all zones for the following: (1) new construction of any principal building; (2) exterior alteration or addition to a building (other than single - family and two family dwellings and minor exterior alterations); (3) intensification of land use; (4) residence conversions; (5) any development in a floodplain as required by Chapter 3.85; and as otherwise specified in this Ordinance. (For the purpose of this Section only, intensification of land use means all changes in use which require more parking and /or results in an increase in peak hour trips for mixed use, multi - tenant commercial or industrial or multi - family development projects if the trips exceed the traffic generation factor assigned to the project at the time of approval and /or an increase of five or more peak hour trips.) SECTION II Section 5.20.040 of the Town Zoning Ordinance is amended to read: SEC. 5.20.040: CONSIDERATIONS IN REVIEW OF APPLICATIONS The deciding body shall consider all relevant matter including, but not limited to, the following: (1) Considerations relating to traffic safety and traffic congestion The effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways; the adequacy of off- street parking facilities to prevent traffic congestion; the location, arrangement, and dimension of truck loading and unloading facilities; the circulation pattern within the boundaries of the development, and the surfacing, lighting and handicapped accessibility of off- street parking facilities. Any project or development that will add traffic to roadways and critical intersections shall be analyzed, and a determination made on the following matters; (1) the ability of critical roadways and major intersections to accommodate existing traffic; (2) increased traffic estimated for approved developments not yet occupied; and (3) regional traffic growth and traffic anticipated for the proposed project one year after occupancy. The deciding body shall review the application for traffic roadway /intersection capacity and make one of the following determinations: (a) The project will not impact any roadways and /or intersections causing the roadways and /or intersections to exceed their available capacities. (b) The project will impact a roadway(s) and /or intersection(s) causing the roadway(s) and /or intersection(s) to exceed their available capacities. Any project receiving Town determination (a) may proceed. Any project receiving Town determination (b) must be modified or denied if the deciding body determines that the impact is unacceptable. In determining the acceptability of a traffic impact, the deciding body shall consider if the project's benefits to the community override the traffic impacts as determined by specific sections from the General Plan and any applicable Specific Plan. (2) Considerations relating to outdoor advertising The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and PL08 \Ofd.SLB 2 harmony with adjacent development. Specialized lighting and sign systems may be used to distinguish special areas or neighborhoods such as the Downtown area and Los Gatos Boulevard. (3) Considerations relating to landscaping The location, height, and materials of walls, fences, hedges and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations, parking lots or unsightly development; the planting of ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction of existing healthy trees. Emphasize the use of planter boxes with seasonal flowers to add color and atmosphere to the Central Business District. Trees and plants shall be approved by the Director of Parks, Forestry and Maintenance Services for the purpose of meeting special criteria, including climatic conditions, maintenance, year -round versus seasonal color change (blossom, summer foliage, autumn color), special branching effects and other considerations. (4) Considerations relating to site layout The orientation and location of buildings and open spaces in relation to the physical characteristics of the site and the character of the neighborhood; and the appearance and harmony of the buildings with adjacent development. Buildings should strengthen the form and image of the neighborhood (e.g. Downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation of solar access. In the Downtown, mid -block pedestrian arcades linking Santa Cruz Avenue with existing and new parking facilities shall be encouraged, and shall include such crime prevention elements as good sight lines and lighting systems. (5) Considerations relating to drainage The effect of the site development plan on the adequacy of storm and surface water drainage. (6) Considerations relating to the exterior architectural design of buildings and structures The effect of the height, width, shape and exterior construction and design of buildings and structures as such factors relate to the existing and PLOB \Ord.SLB 3 future character of the neighborhood and purposes of the zone in which they are situated, and the purposes of Architecture and Site Approval. Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings and other details. (7) Considerations relating to lighting and street furniture Streets, walkways, and building lighting should be designed so as to strengthen and reinforce the image of the Town. Street furniture and equipment, such as lamp standards, traffic signals, fire hydrants, street signs, telephones, mail boxes, refuse receptacles, bus shelters, drinking fountains, planters, kiosks, flag poles and other elements of the street environment should be designated and selected so as to strengthen and reinforce the Town image. 69KIoll[67► ■III Section 5.20.230 of the Zoning Ordinance is amended to read: SEC. 5.20.230: CONDITIONAL USE MODIFICATION A use authorized by Conditional Use Permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications: (1) Intensification of use. (By way of example, intensification of use are evidenced by additions to seating capacity or gross floor area, increase in peak hour trips for mixed use, multi- tenant commercial or industrial or multi- family development projects if the trips exceed the traffic generation factor assigned to the project at the time of approval, increase of five or more peak hour trips, increases in parking required -- other than the requirement of increases because of ordinance amendment -- use of additional land, or commencement of new activities.) (2) Any change that is a substantial departure from plans which were the basis of the Conditional Use Permit Approval. PL08 \0rd.SLB 4 SECTION IV This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 2, 1990, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on July 16, 1990. COUNCIL MEMBERS: AYES: Joanne Benjamin, Eric D.Carlson, Robet L. Hamilton, and Mayor Thomas J. Ferrito NAYS: Brent N. Ventura ABSENT: 4141000 ATTEST: MAYOR OFT TOWN OF LOS GATOS LOS GATOS, ALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA PL08 \Ord.SLB 5