Ord 2023 - Amending the Zoning Code regarding market use and beer and wine sales in conjunction with service stationsORDINANCE 2023
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING CODE REGARDING MARKET USE AND BEER AND WINE SALES
IN CONJUNCTION WITH SERVICE STATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
This ordinance would allow limited sales of non - vehicle related items under a conditional
use permit or architecture and site approval, dependent on whether the proposed sales would
constitute an intensification of use under the conditional use permit provisions of the Zoning
Code.
The State of California has mandated that if the Town were to amend its Zoning Code to
allow this type of combined use, then the Town must also establish a process for reviewing
applications to sell beer and wine at service stations under a conditional use permit process. This
ordinance is intended to provide a site -by -site review of any such application in order to protect
the public health, safety, and welfare.
SECTION II
The definition of "Service station" contained in Section 29.10.020 is amended to read as
follows:
Service station means a place where vehicles are serviced, when the services are limited
to (1) the selling of petroleum products, 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; and (2) in the square footage defined for such use in its
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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.
SECTION III
Section 29.10.045 is amended to read as follows:
Sec. 29.10.045. Uses prohibited.
(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.
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SECTION IV
A new Section 29.20.197 is added as follows:
29.20.197. Review of application for a conditional use permit or modification to a
conditional use permit to sell beer and wine at a service station.
(a) When reviewing an application for a conditional use permit or modification to a
conditional use permit to sell beer or wine for consumption off - premises at a service station
pursuant to Section 29.20.185, the deciding body shall consider the following factors in addition
to those required in Section 29.20.190:
(i) The number of locations of retail on -sale and off- -sale licenses to sell alcohol
located within a reasonable distance, generally one mile, of the proposed location;
(ii) The proximity of the location to schools, public parks, playgrounds, youth- oriented
facilities, and residential neighborhoods. Generally, beer and wine sales within
500 feet .of school, public park, playground, or youth- oriented uses should not be
allowed;
(iii) Hours of operation and of alcohol sales;
(iv) Past history of businesses on the property; and
(v) History of loitering and police activity in the general neighborhood of location.
(b) When reviewing an application to sell beer and wine for consumption off - premises at
a service station, the deciding body shall impose the following conditions and operating
standards:
(i) No beer or wine shall be displayed within five (5) feet of the cash register.
(ii) No advertisement or display of beer or wine shall be made outside the building in
which sales of beer and wine occur.
(iii) No sale of beer or wine shall be made from a drive -in window.
(iv) No beer or wine for sale shall be refrigerated, and no display or sale of beer or
wine shall be made from an ice tub.
(v) No self - illuminated advertising for beer or wine shall be located on buildings or
windows.
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(vi) Employees on duty between the hours of 10 p.m. and 2 a.m. who may sell beer or
wine shall be at least 21 years of age.
(vii) There shall be no on- premises consumption of beer or wine.
(viii) The sale of beer and wine shall at all times be incidental to the operation of the
building as a service station. Whether the sale of beer or wine is incidental shall be
determined by measurement of the space devoted to sales of beer and wine with
relation to sales of grocery and convenience items, and the volume of sales of beer
and wine with relation to sales of other grocery and convenience items.
(ix) Uniformed security personnel may be required in or around the premises by the
Chief of Police if alcohol- related problems recur that are not resolved by the
licensed owner.
(x) At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives of the Police Department for ongoing employee training on
alcoholic beverage sales to the general public.
(xi) The operator shall post and maintain a warning regarding driving after
consumption of alcoholic beverages in a visible location near the cash register.
(c) For all purposes of this chapter, sale of beer and wine shall be considered an
intensification of use.
(d) The deciding body shall make written findings on the application based on
substantial evidence in view of the whole record.
(e) If State law imposes more stringent requirements than those imposed pursuant to this
section, then those State requirements shall apply.
SECTION V
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.
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This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on November 4, 1996, and adopted by the following vote as an Ordinance of the
Town of Los Gatos at a regular meeting of the Town Council on November 18, 1996.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Joanne Benjamin
NAYS: Randy Attaway
ABSENT: None
ABSTAIN: None
SIGNED:
AYOR OF THE TOWN O LOS GATOS
17 LOS GATOS, CALIFORNIA
ATTEST:
e � �
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
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