Ord 2233 - Zoning Code Amendment A-14-001 Zero Emission Battery Electric VehiclesORDINANCE 2233
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.60.320 OF THE TOWN CODE REGARDING PERMITTED
USES IN THE C -2 ZONE; AMENDING SECTION 29.70.100 OF THE TOWN CODE
REGARDING PERMITTED USES IN THE LM ZONE; AMENDING SECTION
29.10.020 REGARDING DEFINITIONS OF THE SALES, SERVICE, AND /OR REPAIR
OF ELECTRIC VEHICLES AND SERVICE STATIONS; AND SECTION 29.20.185
REGARDING USES PEMITTED WITH A CONDITIONAL USE PERMIT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
WHEREAS, this matter was introduced by the Town Council for public hearing on
June 16, 2014, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town seeks to amend Section 29.60.320, Section 29.70.100, Section
29.10.020, and Section 29.20.185 of the Town Code regarding permitted uses within the C -2,
CH, and LM zones, the sales, service, and /or repair of electric vehicles, and service stations.
WHEREAS, the restrictions placed on the C -2 zoning (Los Gatos Town Code Section
29.60.320) were intended to encourage and allow a wide variety of retail, service, entertainment
and administrative activities which are necessary to serve a large trading area.
WHEREAS, the restrictions placed on the CH zoning (Los Gatos Town Code Section
29.60.420) were intended for vehicular oriented activities and sales along highway frontages
(e.g., streets), intermingled with compatible retail, service and administrative activities.
WHEREAS, the restrictions placed on the LM zoning (Los Gatos Town Code Section
29.70.100) were intended for small scale light industrial, repair and service - oriented activities
that provide services to Town residents in addition to retailing, service and administrative
activities.
WHEREAS, the market for electric vehicles in the United States, including Los Gatos,
has steadily increased since the introduction of commercially available models in 2011, and with
new industry standards that ensure universal compatibility between vehicle manufacturers, more
residents and businesses have purchased or have started to consider the purchase of an electric
vehicle as a means of transportation.
WHEREAS, the proposed amendments address the demand for all electric battery
powered vehicles with non - combustible engines and with zero emissions, and the limited use of
fluids and oils.
WHEREAS, a substantial percentage of all air pollution and greenhouse gas emissions in
Los Gatos is derived from emissions in the transportation sector.
WHEREAS, air pollution, in high levels, has been shown to cause premature death and
to aggravate lung illnesses such as acute respiratory infections, asthma, chronic bronchitis,
emphysema, and lung cancer, all of which children and the elderly are more susceptible.
WHEREAS, the Town's General Plan contains goals and policies to maintain a
balanced, economically stable community within environmental goals; conserve the air resources
of the Town and maintain and improve acceptable air quality in Los Gatos; attract and retain
businesses that produce goods or services that contribute to sustainability; and foster
development that reduces the use of non- renewable energy resources and expand the use of
alternative fuels.
WHEREAS, the Town Council adopted strategic goals for 2014 to 2016 to develop a
policy to ensure the continued diversity of independent and national businesses in the downtown
and to increase the availability of electric vehicle charging stations to meet the growing demand.
WHEREAS, the Planning Commission considered the request to amend Sections
29.60.320, 29.10.020, 29.20.185 of the Town Code and recommended to the Town Council
adoption of the draft Ordinance with modifications.
WHEREAS, based on the information presented at the hearing, the Planning
Commission considered the request to amend Section 29.60.320, Section 29.10.020, and Section
29.20.185 of the Town Code regarding permitted uses within the C -2 and CH zones.
WHEREAS, the amendment is consistent with the General Plan and the intent of the
Town Code regulating uses within the C -2, CH, and LM zones, the sales, service, and /or repair
of electric vehicles, and service stations.
WHEREAS, the amendment is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (Section IV.B).
SECTION I
Town Code Chapter 29 is hereby amended to read as set forth in Exhibit A attached
hereto and made a part thereof.
SECTION II
ENVIRONMENTAL ANALYSIS
With respect to compliance with the California Environmental Quality Act ("CEQA "),
the Town Council finds as follows:
A. This ordinance is not subject to review under CEQA pursuant to sections and
15061(b)(3) because the project could not possibly have a significant impact on the environment.
This ordinance does not, in itself, allow the operation of any use; therefore, there is no potential
for resulting in physical change in the environment, directly or ultimately.
B. This ordinance is covered by the general rule that CEQA applies only to projects
that have the potential for causing a significant effect on the environment. For the reasons set
forth in subparagraph (A) and this paragraph, it can be seen with certainty that there is no
possibility that this ordinance will have a significant effect on the environment and, therefore, the
ordinance is not subject to CEQA.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 16, 2014, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on August 5, 2014. This
Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Mayor Steven Leonardis
NAYS: Marcia Jensen, Barbara Spector
ABSENT:
ABSTAIN
MAYOR OF THE T WN-OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK DMINISTRATOR OF THE TOWN OF LOS GATOS
LOS- G TOS, CALIFORNIA
Sec. 29.20.185. — Table of Conditional Uses.
(7) Automotive (Vehicle sales, service and related activities)
a. New vehicle sales and rental
b. Used vehicle sales only incidental to new vehicle sales and rental
n. Sales, service, and repair of electric vehicles as set forth in Section 29.10.020.
Put an X under the LM in the Conditional Use Permit Table for items a and b listed
above. Put an X under the C -2, CH, and LM in the Conditional Use Permit Table for
item n listed above.
Sec. 29.60.320. - Permitted uses.
(b) Examples of proper C -2 activities are apparel stores, antique stores, artist
studios, craft studios, auto part sales, artist supply shops, and EV sales, service,
and repair. Examples of activities which are not proper in the C -2 zone are
vehicle sales or service, manufacturing, warehousing, laundry or dry cleaning
plants.
Section 29.70.100. - Permitted uses.
(b) Examples of proper LM activities are plumbing, heating and electrical
contracting, equipment repair, laundry and dry- cleaning plants, paint supplies,
janitorial services, and towing businesses. Examples of activities which are not
proper in the LM zone are large scale light industrial activity, professional or
medical offices and general business offices.
EXHIBIT A
See. 29.10.020. - Definitions.
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).
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.
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.
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