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Ord 1751 - ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGAORDINANCE NO. 1751 AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1747 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I. FTNnTWnQ Pursuant to Government Code Section 65858, the Council hereby finds that there is a current and immediate threat to the public health, safety, and wel- fare in that the cessation of uses that were formerly nonconforming as to parking located in the Downtown Specific Plan Area west of State Route 17 be- tween Saratoga Avenue and Blossom Hill Road (Study Area) as delineated on the map attached hereto as Exhibit A and incorporated by reference herein, would cause blight and decrease revenues and that development applications for proper- ty in the Study Area would further exacerbate the parking problem by the con- struction of buildings and other improvements in a manner that would affect the Town's ability to achieve an equitable solution to the area's parking deficiencies. These consequences would create a threat to public health, safety and welfare, as follows: a. A reduction in tax receipts would occur as a result of the significant number of vacancies which would create a fiscal impact to the Town re- sulting in a decrease in Town services. Delapidated store fronts as well as derelict buildings will contribute to increased vacancy rates and decreased property values. The Study Area consists of many uses that were formerly nonconforming as to parking and these uses are a major focal point of the community and provide many services that ca- ter to Town residents. b. The Downtown Specific Plan lists several solutions to resolve the parking deficiencies in the Study Area, however, as a result of the Downtown Parking Assessment District litigation the Parking Commission has not been able to perform the necessary surveys to evaluate the deficiencies and recommend a solution for the Study Area. The Planning Commission and the Parking Commission need to assess the parking problems and develop recommended solutions and this analysis of the parking problems must be completed prior to the Town taking any action to cause the cessation of uses nonconforming as to parking as required pursuant to Section 3.50.050(4). c. Due to the uncertainty concerning the implementation of the Downtown Parking Assessment District, it is necessary to study other alternatives such as the collection of in -lieu fees to pay for the construction of parking facilities, abandonment of Industrial Way as a street so that it can be improved as a parking lot, amendment of the Zoning Ordinance regarding the number of required parking spaces or location of parking on the site or off -site. d. The unique character of the Study Area is intended to be preserved by the solutions that will be developed by the Parking Commission. On -site parking which is included in plans for new development projects may be incompatible with the unique character and the high concentration of resident serving businesses in the Study Area. These projects could result in numerous driveways being constructed along Santa Cruz and University Avenues and in other locations where they would be in direct conflict with the existing streetscape and the de- sign concepts established in the Downtown Specific Plan. In addition, these driveways could significantly impact pedestrian and vehicular circulation. e. Owners of businesses and properties within the Study Area should be able to obtain certain permits such as Certificates of Use and Occupancy, Sign Permits and Building Permits (for minor improvements) - 2 - providing these permits do not allow any change that would increase the parking requirements of the existing use or involve an investment which would necessitate a larger period of amortization for the nonconforming use. f. In certain instances, limited development in the Study Area should be permitted if the development complies with all of the Town's regulations and the design criteria established in the Downtown Spe- cific Plan, providing the development does not thwart the Town's de- sire to resolve the parking problem. It is, therefore, necessary to adopt an urgency interim zoning ordinance that will extend Ordinance 1747 which temporarily restricts the types of applications that may be accepted and extend the duration of nonconforming status for those uses which were formerly nonconforming as to parking that are located within the Study Area. SECTION II. DURATION OF NONCONFORMING STATUS Notwithstanding Section 3.50.050(4), all those uses of properties in the Study Area that were formerly nonconforming as to parking and by operation of law will become unlawful on March 3, 1988, shall have until November 21, 1988, to vacate, cease or conform with said Section. In addition, all zoning approvals for properties in the Study Area which are conditioned to expire on March 23, 1986, unless the property is brought into compliance with the parking requirements, shall be allowed until November 21, 1988. SECTION III. PROHIBITED ACTIVITIES Any use located within the Study Area shall not be allowed to expand or in- tensify in any manner that would increase the parking requirement unless suffi- cient parking is provided to satisfy the parking deficiency. - 3 - SECTION IV. PROHIBITED ENTITLEMENTS AND EXCEPTIONS The Town shall not accept nor process applications for new uses, new con- struction, or remodeling the Study Area EXCEPT AS FOLLOWS a. Certificates of Use and Occupancy for uses which do not intensify the use of the property. b. Sign Permits. c. Building permits for minor remodelings which do not intensify the use of the property. d. Building permits or other entitlements for any development that has a valid zoning approval is of the date of adoption of this ordinance. e. Development applications that comply with all Town regulations and traf- fic policies and the design criteria established in the Downtown Specific Plan, providing the development could not affect the Town's ability to achieve an equitable solution to the parking deficiencies in the Study Area. For the purposes of this section, intensification shall mean an increase in the number of required parking spaces and /or the amount of traffic generated by the use. SECTION V. Any permit or certificate issued pursuant to this Urgency Ordinance shall not be construed or considered to extend the duration of nonconforming status beyond the term of this ordinance, a prior urgency or permanent ordinance, or any subsequent urgency or permanent ordinance pertaining to uses nonconforming as to parking in the Study Area. SECTION VI. This ordinance shall take effect immediately and shall be of no further force and effect after November 21, 1988. - 4 - SECTION VII. This ordinance is effective immediately. 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 and adopted by the following vote as an Urgen- cy Interim Zoning Ordinance of the Town of Los Gatos at a regular meeting of the Town Council on May 2 , 1 988• AYES: COUNCIL MEMBERS V Joanne _Benjamin Rob _ert_L . Hamilton -Brent N. Ventura and Ma yor -Eric D. Carlson NOES: COUNCIL MEMBERS Th omas J. Fe rrito ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: / Q MAYOR OF TH 0 OF LOS GATOS ATTEST: CLERK OP' THE TOWN OF G TOS PLNOI:TC 5/2 #6 (Pgs. 3 -7) - 5 -