Ord 2304 - Amending Chapter 29 (Zoning Regulations) Regarding Land Use & Economic Vitality Streamlining Related to Formula Retail Businesses in the Downtown C-2 Zone, Restaurants, Minor Exterior Modifications to Commercial Bldgs, & Group ClassesORDINANCE2304
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING LAND USE AND ECONOMIC VITALITY STREAMLINING
RELATED TO FORMULA RETAIL BUSINESSES IN THE DOWNTOWN C-2 ZONE,
RESTAURANTS, MINOR EXTERIOR MODIFICATIONS TO COMMERCIAL BUILDINGS,
AND GROUP CLASSES.
WHEREAS, the Town of Los Gatos Town Council has an adopted strategic priority to
streamline Land Use and Economic Vitality policies; and
WHEREAS, the Town has recently experienced a high turnover in commercial spaces,
particularly in Downtown and additional commercial spaces are being added to the inventory
through new developments in Los Gatos creating more opportunity for retail locations; and
WHEREAS, on June 5, 2018, the Town Council adopted Resolution 2018-032 approving a
temporary 18-month suspension of Town Code Section 29.20.185 during which formula retail
business less than 6,000 square feet could gain approval in the C-2 zone with a reduced process
timeline and cost to allow an opportunity for the Town Council to gauge potential changes to
the retail mix in downtown; and
WHEREAS, on June 19, 2018, the Town Council adopted Resolution 2018-039 approving
a temporary 18-month suspension of Town Code Section 29.20.745 and portions of Town Code
Section 29.20.755(2) regarding the assignment of duties to allow the Development Review
Committee to approve certain modifications to existing Conditional Use Permits for restaurants
to provide the ability to revise obsolete language, innovate existing businesses, and/or make
other adjustments within the existing business location and square footage; and
WHEREAS, on March 5, 2019, the Town Council adopted Resolution 2019-008 approving
a temporary 9-month suspension of Town Code Section 29.20.745 and portions of Town Code
Section 29.20.755(2) regarding the assignment of duties to allow the Development Review
Committee to approve new Conditional Use Permits for restaurants to create more
opportunities to attract businesses to Los Gatos; and
Iof9
Ordinance 2304 February 18, 2020
WHEREAS, on March 5, 2019, the Town Council adopted Resolution 2019-009 approving
a temporary nine -month suspension of Town Code Section 29.20.745 providing businesses and
commercial property owners an opportunity to make minor exterior modifications to their
store fronts and buildings at the building permit level to create more opportunities to attract
and retain businesses in Los Gatos; and
WHEREAS, on March 5, 2019, the Town Council adopted Resolution 2019-012 approving
a temporary nine -month suspension of Town Code Section 29.20.750 (8), during which group
classes could gain approval with a reduced process timeline and cost to create more
opportunities to attract and retain businesses in Los Gatos; and
WHEREAS, by reassigning the duties, the impact of cost and process time on existing
and prospective businesses is decreased and more closely aligned with neighboring jurisdictions
which provides an incentive for businesses to consider locating in Los Gatos; and
WHEREAS, on October 1, 2019, the Town Council reviewed the result of the temporary
suspension of Town Code Sections and voted to memorialize the streamlining effort through
modification of the Town Code; and
WHEREAS, on November 5, 2019, the Town Council adopted Resolution 2019-051
extending the temporary streamlining efforts until such time that the Town Code amendments
may be adopted; and
WHEREAS, on January 8, 2020, the Planning Commission reviewed and commented on
the proposed amendments regarding land use and economic vitality streamlining and
forwarded a recommendation to the Town Council for Approval of the proposed amendments
with modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on February 4, 2020; and
WHEREAS, on February 4, 2020, the Town Council reviewed and commented on the
proposed amendments regarding land use and economic vitality streamlining and the Town
Council voted to introduce the Ordinance.
2of9
Ordinance 2304 February 18, 2020
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
Ordinance 2021 is hereby rescinded.
SECTION I
SECTION II
Chapter 29 of the Town Code is hereby amended as follows:
ARTICLE I. DIVISION 1. MISCELLANEOUS
Sec. 29.10.020. — Definitions.
Group classes means instruction provided at a rate greater than one (1) student per one
(1) instructor and does not include schools as defined in this section.
Minor exterior alterations to commercial buildings means exterior alterations, including:
(1) Replacing or changing out windows
(2) Replacing or adding awnings
(3) Changes to or addition of arcades
(4) Replacement of or changes to exterior materials
iJ Small scale additions where the project is in full compliance with the Town's
Commercial Design Guidelines and Town Code and does not result in an
intensification of use as described in Section 29.20.145 (4).
Restaurant means a retail food service establishment in which food er and beverage is
prepared, served, and sold to customers for on -site or take-out consumption.
m
mnnt
3of9
Ordinance 2304 February 18,2020
ARTICLE I. DIVISION 4. PARKING
Sec. 29.10.150 (c). Number of off-street spaces required.
(29) Group classes. One (1) parking space for each employee and one (1) parking space
per three (3) students.
ARTICLE I. DIVISION 5. NONCONFORMING BUILDINGS, LOTS, AND USES
Sec. 29.10.225. Grounds for determining that a nonconforming use is no longer lawful.
(2) That the nonconforming use is so exercised as to be detrimental to the public
health or safety, or to be a nuisance._,- in deteFFninin,.,. hetheF a noneenfe r '^
mota nt Ar ha elate,; this bs rtie the deciding body shall all r`I the
4of9
Ordinance 2304 February 18, 2020
ARTICLE II. DIVISION 3. APPROVALS
Sec. 29.20.185. Table of Conditional Uses.
TABLE OF
CONDITIONAL USES
RC
HR
R1
RD
R-M
RMH
R-ID
O
G1
C7CHM
CM
(1) Commercial
a- iermu4a-retail
business
X
o. Formula retail
X
X_
X
X
business greater
than 6,000 s.f.
(4) Schools
h. Art, craft, music,
X
X
X
x
X
dancing school,
Broup classes
Sec. 29.20.190. Findings and decision.
(b) The deciding body, on the basis of the evidence submitted at the hearing, may
deny a conditional use permit for a formula retail business greater than 6,000
square feet or a personal service business if any of the following findings are made:
ARTICLE II. DIVISION 5. ADMINISTRATION AND ENFORCEMENT
Sec. 29.20.318. Modification of operating hours of establishments serving alcoholic
beverages.
(a) Notwithstanding section 29.20.310, if the Town Manager determines that there is
cause to believe that any establishment serving alcoholic beverages may be in
violation of the A',.,.heli . BeYeFage Pelicy -.depted by the Gauff approved
Conditional Use Permit for the establishment, the Town Manager will cause a
notice of violation to be mailed to the current owners of the property and
establishment as disclosed in the most recent County assessor's roll and the Town
business license files. This notice will describe the alleged violations.;
5of9
Ordinance 2304 February 18, 2020
(c) If after the hearing, the Manager or the Manager's designee determines that the
establishment is in violation of the -Rev ..age Po4ey approved
Conditional Use Permit for the establishment the Manager or the Manager's
designee may limit the hours of operation of the establishment, up to and
including closure no later than 10:00 p.m. until the Manager or the Manager's
designee determines that the violations have been abated. Upon determination
that the violations have been abated, the Manager will notify the owners of the
property and the establishment that the establishment is in compliance and will
increase the operating time limits as the Manager or designee determines is
appropriate in light of the violations that occurred and the abatement steps taken.
The decision of the manager shall be effective immediately and the establishment
shall immediately conform its hours of operation to the Manager's order.
ARTICLE II. DIVISION 7. ASSIGNMENT OF DUTIES
Sec. 29.20.700. Planning Director.
(34) Determines applications for minor exterior alterations to commercial buildings.
Sec. 29.20.745. Development Review Committee.
buildiRgs. Reserved.
(16) Determine and issue zoning approval for minnir restaurants that aFe l9eated
(21) Determine and issue zoning approval for group classes in the C-2 zone.
Sec. 29.20.755. Town Council.
(2) Hears and determines Planning Commission recommendations for the adoption or
amendment of the general plan or any specific plans and conditional use permits
for establishments selling alcoholic beverages for on premises consumption
(excluding restaurants) and for retail sales of firearms, ammunition and/or
destructive devices.
ARTICLE VI. DIVISION 2. O OR OFFICE ZONE
6of9
Ordinance 2304 February 18, 2020
Sec. 29.60.085. Permitted uses.
(3) Group classes
ARTICLE VI. DIVISION 3. C-1 OR NEIGHBORHOOD COMMERCIAL ZONE
Sec. 29.60.210 (a). Permitted uses.
(1) Retailing:, including formula retail up to 6,000 square feet.
(6) Group classes.
ARTICLE VI. DIVISION 4. C-2 OR CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE
Sec. 29.60.320 (a). Permitted uses.
(1) Retailing..-, including formula retail up to 6,000 square feet.
ARTICLE VI. DIVISION S. CH OR RESTRICTED HIGHWAY COMMERCIAL ZONE
Sec. 29.60.420 (a). Permitted uses.
(1) Retailing:, including formula retail up to 6,000 square feet.
(5) Group classes.
ARTICLE VII. DIVISION 2. LM OR COMMERCIAL -INDUSTRIAL ZONE
Sec. 29.70.100 (a). Permitted uses.
(1) Retailing-, including formula retail up to 6,000 square feet.
(7) Group classes.
7of9
Ordinance 2304 February 18, 2020
SECTION III
With respect to compliance with the California Environmental Quality Act (CECA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CECA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION IV
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 V
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 VI
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).
8of9
Ordinance 2304 February 18, 2020
SECTION VII
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 41h day of February 2020, 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 18`h day of February 2020.
PIiDL[�71 u
AYES:
Rob Rennie, Marico Sayoc, Mayor Marcia Jensen
NAYS:
Barbara Spector
ABSENT:
None
ABSTAIN:
None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, �CALIFORNIA
�
DATE: �JG10d()
9of9
Ordinance 2304 February 18, 2020