17 Staff Report - Auto Dealer Follow-Up ActionsMEETING DATE: 9/3/02
ITEM NO.
COUNCIL AGENDA REPORT
DATE: July 31, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: AUTO DEALER FOLLOW-UP ACTIONS
RECOMMENDATION:
That the Council review the follow-up actions and provide any additional direction to staff as may
be appropriate.
BACKGROUND:
On April 29, 2002, the Town Council held a Study Session with the Los Gatos Auto Dealers. The
purpose of the Study Session was to review the auto sales business climate in Los Gatos, hear from
the owners and managers of the dealerships and discuss actions that the Town and the Dealers may
wish to consider to enhance the auto sales business; and, at the same time, protecting the residential
neighborhoods and the high quality design standards of the community. In addition, a major
objective was to evolve the working relationship between the Auto Dealers and the Town.
DISCUSSION:
At the Study Session an "ad hoc" committee comprised of the Mayor and Vice -Mayor was formed
to more closely review auto dealer issues and meet with the auto dealers on a regular basis. The "ad
hoc" committee has since met with staff to review follow-up actions. In addition, on July 8, 2002,
the committee (with Council Member Pirzynski filling in for Vice -Mayor Decker) had its first
informal meeting with the auto dealers to discuss issues. The following are the follow-up actions
that staff is undertaking:
(Continued on Page 2)
PREPARED BY: Bud N. Lortz
Community Development Director
Marty Woodworth
Redevelopment Manager
Reviewed by: 3. Assistant Town Manager 9i V Attorney Clerk 5-43'Finance
Community Development Revised: 7/31/02 3:37 pm
Reformatted: 5/30/02
n n
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTO DEALER FOLLOW-UP ACTIONS
August 15, 2002
1. Several of the Dealers expressed a concern regarding the need for off -site auto storage.
Several actions are being taken to address this issue. First, the Community Development
Department has revised the permit requirements for off -site auto storage to make it less
burdensome to get such a use approved. This proposed revision to the zoning ordinance
should be coming before the Council for approval in the near future. Next, staff has
reviewed property throughout the Town and identified a few parcels where off -site
storage may be possible. Staff has contacted property owners of these properties, as well
as contacting those dealerships that have indicated a need for off -site storage. Although it
may take several months, it does appear that there are some possibilities to meet the
Dealer's needs while protecting residential and other land uses.
2. Some of the Dealers expressed a concern regarding special events and advertising
assistance from the Town. Staff has reviewed the zoning code revision that was enacted
in 1992 and believes that it allows for special promotional events that the Auto Dealers
may wish to have. A copy of the code section is included in Attachment 1. In terms of
advertising, it seemed to be the consensus of the Council that the Town should not be in
the advertising business for private businesses within the Town, although some type of
"Shop Los Gatos" advertising may be appropriate as is currently being undertaken with
the Downtown Streetscape Project.
3. Some of the Dealers expressed a concern with the Planning and Building Permit review
processes. Staff proposes to implement two procedural changes upon Council
concurrence. First, staff will work closely with any Dealer that is contemplating making
improvements to their dealership. This will include early review of conceptual plans,
discussion and feedback on issues such as design, neighborhood concerns, traffic, noise,
etc., and provide advice in making presentations to the neighborhoods, Planning
Commission, and other review bodies. Second, staff will handle minor modifications to
dealerships at a staff level whenever possible. Typically, this will be for improvements
where the buildings are not to be expanded such as facade improvements and other minor
modifications.
4. Staff will continue to stay in close contact with the Auto Dealers in order to handle the
day-to-day issues. Staff has already contacted all the Dealers following the Study Session
as a follow-up and is in the process of assisting several dealers with issues. This includes
helping the Moore Dealership reface their freestanding sign, Los Gatos Auto Mall obtain
approval for a new freestanding sign at the Blossom Hill Road facility, and working with
Los Gatos Honda and Anderson Chevrolet regarding off -site storage issues. The
Redevelopment Manager is serving as a liaison between the Dealers and the Town on
these and other issues.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: AUTO DEALER FOLLOW-UP ACTIONS
July 31, 2002
CONCLUSION:
With the aforementioned actions, a better working relationship is developing between the Town
and the Auto Dealers resulting in enhancements to the Los Gatos auto sales environment. The
"ad hoc" Council sub -committee will continue to meet with the Dealers on a quarterly basis to
keep lines of communication open and hear comments and suggestions in terms of how the Town
and the Dealers can work together to make improvements. Several of the dealers have already
expressed their opinion that the Town is truly making an effort to work more closely with them.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The actions outlined in this report will have no direct fiscal impact. However, it is anticipated
that with improvements to the dealerships vehicle sales will increase, thus resulting in increased
sales tax revenues to the Town.
Attachments:
1. Section 29.50.032 of the Los Gatos Town Code
BNL:MW:mdc:cb
N:\DEV\Marty\autodealerreportsept22002.wpd
§ 29.50.032 LOS GATOS TOWN CODE
Sec. 29.50.032. Promotional events for auto dealers.
This section applies only to businesses with current, valid Conditional Use Permits for
vehicle sales.
(1) Purpose and findings: The traditional methods for sales promotions for the sale of
automobiles has included flags, pennants, balloons, outdoor entertainment, food
booths and other carnival types of activities otherwise prohibited by this ordinance.
Auto dealers unable to use these promotional devices are at a competitive disadvan-
tage which threatens their ability to operate viable businesses. The Council finds that
it is in the public's interest to have financially stable automobile sales and service
businesses located within the Town to reduce the length of trips by Town residents
desiring these services thereby contributing to high air quality.
(2) Definitions:
a. Auto dealer: The owner or operator of a business which has a current, valid
conditional use permit allowing the sale of vehicles.
b. Small promotion: An event sponsored by one (1) or more auto dealers lasting no
longer than three (3) days.
c. Large promotion: An event sponsored by two (2) or more auto dealers lasting no
longer than seven (7) days.
(3) Promotional event permit: The Planning Director may issue permits to auto dealers
for promotional events as follows:
a. For small promotions:
1. No more than one (1) small promotion shall be permitted on any zoning plot
in any calendar month. At least a four -day interval must separate small
promotions.
2. Applications for permit must be filed with the Town three (3) working days
in -advance -of -the -event.
3. The permit applicant shall describe and agree to perform a program to assure
cleanup of any trash or debris in the vicinity of the event.
4. The permit may allow a waiver of the provisions of section 29.10.115(1)
regarding flags, pennants or balloons provided no helium is used, no metallic
ballons are used, and that the applicant can demonstrate that adequate
precautions will be taken to protect the public health and safety.
b. For large promotions:
1. No more than one (1) large promotion shall be permitted on any zoning plot
in any calendar quarter. At least a thirty -day interval shall separate large
promotions.
2. Applications for permit must be filed with the Town a minimum of fourteen
(14) calendar days in advance of the event.
3. The permit applicant shall describe and agree to perform a program to assure
cleanup of any trash or debris in the vicinity of the event.
Supp. No. 17 2100
Attachment 1
ZONING REGULATIONS § 29.50.040
4. The permit may allow a waiver of the provisions of section 29.10.115(1)
regarding flags, pennants or balloons provided that no helium is used, no
metallic ballons are used, and the applicant can demonstrate that adequate
precautions will be taken to protect the public health and safety.
5. The permit may allow a waiver of the rules limiting the placement, size
and/or height of signs to allow a cold air inflatable device provided that the
applicant can demonstrate that adequate precautions will be taken to protect
the public health and safety, provide insurance, and indemnify the Town
against any liability for the duration of the event in an amount equal to the
minimum amount specified by Council policy.
6. The permit may allow a waiver of section 29.20.185 restricting outdoor
entertainment provided that any amplified sound will not exceed the limits
specified by the Town's Noise Ordinance.
7. The permit may allow for the provision of food either by sale or gift provided
that the applicant can show by a written document that all food service
complies with all health department regulations.
(Ord. No. 1890, § I, 2-18-92; Ord. No. 1922, § I, 11-2-92)
Sec. 29.50.035. Fencing.
Fencing is not permitted in required front yards or required yards abutting a street in any
nonresidential zone, except walls or fences not over three (3) feet high may be erected to screen
on -site parking spaces from the street.
(Ord. No. 1316, § 4.40.050, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1337, 11-1-76)
Sec. 29.50.040. Seasonal sale of Christmas trees or pumpkins.
Temporary facilities-forthe-seasonal-sale-of-Ghristmas-t-rees-or-pumnpk4fS-ar-e-permitted in—
nonresidential zones, provided that a temporary certificate of use and occupancy is obtained
from the Planning Director. Temporary facilities for the seasonal sale of Christmas trees or
pumpkins shall not be required to meet the development standards of the zone. The Planning
Director, upon receipt of an application to establish a temporary facility for the sale of
Christmas trees or pumpkins, may issue a temporary certificate of use and occupancy subject
to the following conditions:
(1) The temporary certificate of use and occupancy shall be limited to a maximum of sixty
(60) days and shall expire at the expiration of sixty (60) days from its date of issuance.
(2) All temporary electrical facilities, temporary toilet and plumbing facilities, and
temporary shelters or structures shall be approved by the Building Department and
the Fire Department.
(3) All signs and outdoor advertising material shall be subject to the standards of sections
29.10.105 through 29.10.140 and their size and location shall be subject to approval
by the Planning Director.
Supp. No. 17 2101
Town Council Minutes September 3, 2002
Redevelopment Agency Los Gatos, California
AMICUS BRIEF/CAYETANO, ET AL VS. CHEVRON USA (10.28)
Motion by Mr. Blanton, seconded by Mrs. Decker, to authorize request for amicus participation in
Cayetano, et al., vs. Chevron USA, Inc. 9th Circuit Court of Appeals, Case 02-15867, at no cost to
the Town. Carried unanimously.
LEAGUE OF CALIFORNIA CITIES/ANNUAL CONFERENCENOTING DELEGATES (11.28/12)
Motion by Mr. Blanton, seconded by Mrs. Decker, to appoint Mayor Randy Attaway as the primary
voting delegate and Vice Mayor Sandy Decker as the alternate voting delegate for the League of
California Cities Annual Conference scheduled for October 2-5, 2002 in Long Beach. Carried
unanimously.
EXAMINATION OF AUDITS AND FINANCIAL REPORTS/GRAND JURY REPORT (12.09)
Motion by Mr. Blanton, seconded by Mrs. Decker, to approve responses contained herein and
enumerated below to the four findings and four recommendations made as part of the Santa Clara
County Civil Grand Jury's Final Report -Examination of Audits and Reports. Carried unanimously.
NATIONAL CIVIC PARTICIPATION WEEK/SEPTEMBER 11-17,2002 (13.28)
Motion by Mr. Blanton, seconded by Mrs. Decker, to adopt a proclamation declaring the week of
September 11-17, 2002 as "National Civic Participation Week." Carried unanimously.
MOBILE HOME PARK CONVERSION/WOODLAND AVENUE 484/DENIAL (14.15)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council accept and file report in the form
of meeting minutes from the Planning Commission regarding a Mobile Home Park Closure and
Planned Development at 484 Woodland Avenue. Carried unanimously.
RESIDENCY REQUIREMENTS/BOARDS & COMMISSIONS/RESOLUTION 2002-134 (15A.12)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-134 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1995-44,
AND ESTABLISHING RESIDENCY REQUIREMENTS FOR SPECIFIED BOARDS AND
COMMISSIONS. Carried unanimously.
TRANSPORTATION & PARKING COMMISSION/RESOLUTION 2002-135
COUNCIL ACTING AS PARKING AUTHORITY (15B.12)
Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2002-135 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THE NEED FOR A
PARKING AUTHORITY; DECLARING THE TOWN COUNCIL TO BE THE PARKING
AUTHORITY; ESTABLISHING THE TRANSPORTATION AND PARKING
COMMISSION; AND RESCINDING RESOLUTION 2002-102. Carried unanimously.
COUNCIL/COMMISSION RETREAT ISSUES MATRIX (15C.12)
Motion by Mr. Blanton, seconded by Mrs. Decker, to approve the 2002 Council/Commission
Retreat Issues Matrix. Carried unanimously.
BUSINESS RECOGNITION EVENTS (16.30)
Motion by Mr. Blanton, seconded by Mrs. Decker, to approve the business recognition events as
outlined below, with any modifications or additions as may be desirable. Carried unanimously.
AUTO DEALER FOLLOW-UP ACTIONS (17.38)
Motion by Mr. Blanton, seconded by Mrs. Decker, to accept and file the review of follow-up actions
to the Los Gatos Auto Dealers Study Session held on April 29, 2002. Carried unanimously.
N:\CLKICouncil Minutes12002\M09-03-02.wpd
3