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Staff Report 2007 Town Council RetreatMEETING DATE: 03-09-07 03-10-07 COUNCIL RETREAT COUNCIL AGENDA REPORT DATE: MARCH 2, 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGE SUBJECT: 2007 TOWN COUNCIL RETREAT PURPOSE: The purpose of the 2007 Town Council Retreat is to provide the Council the opportunity to discuss issues of strategic importance for the effective governance of the Town, including FY 2007-08 goals and priorities, the 2010 General Plan Update, and issues that continue to surface regarding the downtown, neighborhood compatibility, and long-term revenue challenges. This staff report presents background information on the topics included on the Council Retreat agenda. Questions are posed that Council may want to address regarding the issues. As has been the case with previous retreats, Shawn Spano from Public Dialogue Consortium will facilitate the Council discussion. DISCUSSION: FY 2007-08 Goals and Priorities The quality of life of the community is affected by policy decisions and the programs, services and projects undertaken by the organization to implement them. The Town has several documents that collectively provide a framework to guide these decisions over time. The General Plan represents the longest horizon, with the current General Plan covering the period from 2000 to 2010. An update to the General Plan will be discussed later in this staff report. The Capital Improvement Program (CIP) covers a rolling period of five years, and focuses on infrastructure improvements in the areas of parks, streets, and public facilities. The Operating Budget sets forth project priorities and ongoing core services on an annual basis. Both the CIP and the operating budget are developed within the context of a 5-year financial forecast. The Administrative Work Plan (Attachment 1) is a management tool that identifies special projects, projects requiring significant interdepartmental coordination, and projects of special interest to the Council. These projects appear as special projects, along with the organization's day-to-day core services, in the operating and capital budgets. PREPARED BY: PAMELA S. JACOBS ASSISTANT TOWN MANAGER N:1MGR\PJacobs\Council Retreat12007 Council Retreat Report.doc rocu, co 104_, Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 2007 COUNCIL RETREAT MARCH 2, 2007 n From 2000 to 2005, the Town also had a Strategic Plan to guide staff work efforts, set work priorities and track progress. At the 2005 Council Retreat, the Town Council discussed the option of not continuing to update the Strategic Plan. Rather, the Council agreed that the list of priority areas in the Strategic Plan should be used as the blueprint for setting priorities in the short term, and that the strategic planning process should be undertaken in conjunction with the 2010 General Plan update. Based on Council comments at the 2005 retreat and on subsequent budget and work plan discussions, staff has evolved the list of priorities from the previous Strategic Plan into goal statements (Attachment 2). The list of goals includes five of the six priority areas contained in the previous Strategic Plan. One of the priority areas — transportation, traffic and parking — has been integrated into other goals. Additional goals reflecting Council priorities discussed previously have been incorporated into the list. Specifically, "environmental quality" has been added to one goal area; "civic engagement" and "cultural and recreational" enrichment has been added to another goal area; and, a public safety goal has been added. Key concepts represented by the six goals include: • Community Character • Good Governance • Fiscal Stability • Public Infrastructure • Civic Enrichment • Public Safety Attachment 3 illustrates how major projects from the Administrative Work Program align with the strategic goal statements. The detailed Administrative Work Plan (Attachment 1) includes a column identifying how each of the special projects align with the goal statements. In cases where projects relate to more than one goal area, the primary goal area is identified. Questions for Council discussion during the retreat include: Are the goal areas meaningful for Council and the Town? Are the goals listed consistent with Council's priorities? Are there goal areas that are not listed that should be? Although the goals are not meant to have a priority order, are there areas Council would like to emphasize for FY 2007-08? Are there questions or comments about the major projects identified? Is there anything missing from the major project list? If projects are added to the list, what could come off or be put on hold for future consideration? In the case of Community Development, many of the major projects on the work plan will be discussed in conjunction with the discussion on recurring issues related to the downtown. Given the volume and complexity of the issues on this department's work plan, staff will be seeking feedback on priorities. As part of the discussion Community Development staff will advise on priorities from their perspective and on how the issues could be programmed over a period of time. Following Council discussion on the goals and priority projects, staff will prepare the list for Council approval as part of the approval of minutes and action items from the March 9 and 10 Council Retreat. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 2007 COUNCIL RETREAT MARCH 2, 2007 These goals and priority projects will guide the development of the FY 2007-08 operating budget and the FY 2007-11 CIP. 2010 General Plan Update The Town's General Plan guides the physical development of the Town, and addresses other issues related to the Town's quality of life. The General Plan sets forth goals, policies, and implementation standards in seven state mandated elements (Land Use, Housing, Circulation, Open Space, Conservation, Noise, and Safety) and in three elective elements (Route 85 and Vasona Light Rail, Community Design, and Human Services). The last comprehensive update of the General Plan was completed in 1985, with the Route 85 and Vasona Light Rail Element added in 1994 and the revised Housing Element certified by the State in 1997. As part of the revision to the Housing Element, all elements were reviewed, revised, reorganized and reformatted. In accordance with State requirements, the Housing Element was once again revised and certified in 2003. A further revision to the Housing Element is required by 2009. Attachment 4 describes the process undertaken for the last General Plan Update in 1997 and 1998, which resulted in the Town's General Plan 2000. While the General Plan 2000 does not specify a particular end date, nor does the State mandate the General Plan be updated (with the exception of the Housing Element), the planning horizon of the General Plan 2000 is generally regarded to be 10 years. The development of the 2010 General Plan will require sufficient lead time to determine the scope of the update, receive community and stakeholder input, conduct technical analyses, conduct environmental review, and provide time for internal, Council and public review. At the 2007 Council Retreat, staff is seeking Council input and direction to launch the update process. To begin this discussion, Council may want to consider the following questions: What is the role of the General Plan in the Town's decision -making? Does it serve the Council well? Does the General Plan reflect the community's values? Have issues changed? Are there new issues that need to be addressed? What does the Council envision for the scope of the General Plan update? Based on the Council's vision for the General Plan update, staff would like Council's input on some of the preliminary parameters for designing the update process. As noted earlier, Attachment 4 describes the process for the last update. It also presents some options for addressing the following planning questions: What types of community conversations and public processes will be conducted? How should the stakeholders, community and staff be organized? What are the roles of various stakeholders and participants? What kind of Council, commission, staff and consultant capacity is needed? What other resources will be needed? What are the timelines associated with the update? Staff will develop recommendations on these questions once Council comments on its vision. Following the Council retreat, staff will capture Council's input on the General Plan update as part of the approval of minutes and action items from the March 9 and 10 Council Retreat. Subsequently, staff will prepare a General Plan Update work plan for Council approval. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 2007 COUNCIL RETREAT MARCH 2, 2007 Recurring Issues Over the past several years, a number of issues related to the Downtown, neighborhood compatibility, and the Town's long-term revenue challenge has repeatedly surfaced. In some cases, the issues have been raised in conjunction with a specific project and in others the issues have arisen in a more general manner. More recently, the level of interest in some of these issues has heightened. Attachment 5 is a matrix identifying the issues, the current regulation or situation affecting the issue, and any gaps or concerns related to the issue. The purpose of the discussion at the retreat is to understand Council's thoughts and priorities regarding these issues. To what extent is there a need to revisit, revise, clarify, or monitor these issues? Should they be part of the organization's current work plan, future work plan, or not be addressed unless or until the situation warrants? Downtown and Neighborhood Compatibility Issues In the case of the downtown, all of the issues appear on the Community Development Department's work plan; however, a timeline for them has not yet been assigned. The objective of the Council discussion is to understand if a specific issue should remain on the work plan, and if so, what priority it should have relative to other priority special projects and ongoing core services. Prior to addressing the specific issues, it may be valuable for Council to take some time to discuss the vision for the downtown and how these issues align with or affect that vision. Similarly, prior to discussing the definition for neighborhood compatibility, Council may want to discuss the vision for neighborhoods in Los Gatos and how the issue of neighborhood compatibility aligns with that vision. Is there a cohesive definition for neighborhood compatibility? Because the issue of neighborhood compatibility is being addressed in the Residential Guidelines currently under development, does Council want to provide guidance to assist in General Plan Committee and Planning Commission deliberations? Other development -related policy questions arise periodically in conjunction with specific projects, including issues related to hillside development, planned developments, and affordable housing. Affordable housing will be a focus of discussion in the update to the Housing Element already on the work plan. If the Council would like to discuss any of these or other issues further, staff will work with the Mayor to agendize them. Long -Term Revenue Challenge The long-term revenue challenge is one that continues to face the Town of Los Gatos and other municipalities in the state. From FY 2002/03 through FY 2005/06, structural imbalances between available revenues and the cost to deliver services led to approximately $4.5 million in cost reductions and revenue enhancements. The reductions were accomplished though a combination of strategic hiring freezes and position defundings, full-time position reductions to part time, voluntary leave without pay, PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: 2007 COUNCIL RETREAT MARCH 2, 2007 deferral of management salary increases, and operational efficiencies. The FY 2006/07 budget, though "status quo," reflected a total reduction of 23.7 FTEs (full-time equivalent) from the previous years' balancing efforts. While the FY 2006/07 budget did not require reductions, and the FY 2007/078 budget is not expected to either, the current five-year forecast shows that expenditures will once again outpace revenues beginning in FY 2010/11. As a service provider, the Town depends greatly on labor, which comprises approximately 70% of General Fund expenditures. Consequently, the projected imbalance on the expenditure side is due primarily to the increasing cost of employee benefits. The rise in energy costs is the other driver of the increase in expenditures. In addition, it is clear that in some cases where reductions in services have been made, additional resources are needed to meet service level demands. On the revenue side, the slower rate of growth forecasted for the Town's key revenue sources drives the imbalance. It is important to note that the five-year forecast does not include a key expenditure — the funds necessary to maintain the Town's infrastructure on an ongoing basis, particularly the funding needed to maintain the condition of Town streets. If sufficient funds for this need were included, the imbalance would be much more severe. Compounding this general trend toward an imbalance is the vulnerability of the Town's dependence on one sales tax producer, Netflix. Sales tax revenue accounts for 30% of General Fund revenue, making it the largest revenue source for the General Fund. Netflix contributes 23% to the Town's total sales tax revenue. The second largest contributor, auto dealers, account for 19% combined. Recognizing that Netflix' sales tax revenue is vulnerable to both competition and to technology changes, the Town has prudently not been programming all of this revenue in the annual budget. That is, a portion of the revenue is used for ongoing Town expenditures, and a portion becomes part of the Fund Balance, which is placed in the Reserve for Future Capital Improvements and the Reserve for Revenue Stabilization. Attachment 7 shows the importance of the Netflix sales tax revenue to the Town. Should this revenue source diminish significantly or go away, without being replaced with other revenue - generating activity, sizeable reductions in expenditures would be necessary. As a result, service levels to the community would be reduced. The reliance on one large sales tax producer, potential vulnerability in the next largest category (auto dealers), and overall lack of diversity in the sales tax base present a challenge to the Town's long-term fiscal stability and, as a result, to the services the Town will be able to provide in the future. Even with a status quo revenue picture, the costs of doing business and the continuing unfunded infrastructure needs would outpace revenue projections. It is clear that the Town needs to continue to identify ways to contain and reduce costs. It is unlikely that cost reduction measures alone can address the forecasted shortfall and/or the unfunded infrastructure needs without reducing service levels. If revenue decreases significantly due to the vulnerabilities discussed above, service levels will definitely be affected. Council has discussed the long-term revenue challenge as part of the budget deliberations for the past several years. As time goes on, technology advances appear to increase the vulnerability regarding the r PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: 2007 COUNCIL RETREAT MARCH 2, 2007 Netflix sales tax revenue. Given this situation and the related issues discussed above, staff is seeking Council's thoughts about options to address this challenge. Questions the Council may want to consider include: What does the dependability on Netflix sales tax mean for the Town? What should the Town be doing to enhance the diversity of the revenue base? What are the options for ensuring an adequate revenue base and/or for reducing expenditures to align with reduced revenues? Should the Town be proactive in attracting revenue -producing businesses and advising developers of the Town's interests? CONCLUSION: The annual Council retreat provides a forum for the Council to discuss strategic issues, set priorities and identify other areas to explore. Staff looks forward to the discussion and to working with the Council to accomplish priority projects. The minutes from the retreat and direction given will be agendized for Council approval at a subsequent Council meeting. Attachments: 1. FY 2006-07 Administrative Work Plan 2. FY 2007-08 Suggested Goals 3. FY 2007-08 Goals and Key Projects 4. 2000 General Plan Update Summary and 2010 General Plan Update 5. Recurring Issues Matrix 6. Recurring Issues Background Material 7. Sales Tax Information ATTACHMENT 1 Town of Los Gatos - 2006-2007 co E E N c ti cs o ao Y s L c.: L d O •� N O cQ L v 0 w Q 0 Program Manager Work Plan # Subject Good Governance Good Governance Good Governance Good Governance Civic Enrichment Civic Enrichment Civic Enrichment Civic Enrichment Community Character Civic Enrichment Community Character Community Character Civic Enrichment Civic Enrichment Civic Enrichment Community Character Community Character Community Character Public Infrastructure 0 0 U Ex c w U U 0 a a_ a a- 0 Jackie Rose, Clerk Administrator Records Mgt.& Retention CLK-WP01 Jenny Haruyama, Admin. Programs Mgr. Customer Service Center Jennifer Miller, Administrative Analyst Fall 2006 Vista/Annual Report Jennifer Miller, Administrative Analyst Spring 2007 Vista Regina Falkner, Community Services Dir. 2007 Council/Commission Retreat Susan Buxton, Volunteer Coordinator Susan Buxton, Volunteer Coordinator Regina Falkner, Community Services Dir. Regina Falkner, Community Services Dir. Jennifer Miller, Administrative Analyst Lauren Mende Tacke, Recycling Coord. Lauren Mende Tacke, Recycling Coord. C a) > 0 a) w N O (6 C O N (/) O ` O D a) O O a NO 0 c5a c0`a O c E o a) 0 CV O ct > a`) L O mto *.. Cristina Villarreal, CS Assistant o a) Q ON N (1) U) a) w CI- Q ° E a a) c co is C V' j C c C7 E L_ a w O U'L O 0 • c o _ O U O J N t` T.)2 a) p Y N 2 co N '- N O in O O c.) c.) c.) U U 0U CSD-WP06 CSD-WP07 A co cp O 0 0 c.)0 CSD-WP10 CSD-WP11 Regina Falkner, Community Service Dir. Community Unity Regina Falkner, Community Service Dir. Pascagoula Partnership Randy Tsuda, Asst. Director of Com. Dev. North 40 Specific Plan Suzanne Davis & Anthony Ghiossi Sobrato Development Implementation Residential Design Guidelines Community Bus System Lc)a a a 0_ 0_ 0 > > > U a 0 0 0 U * do E 4c do * Major Projects 06/07 Town of Los Gatos - 2006-2007 0 C9 Community Character Community Character Community Character Community Character Good Governance Good Governance Good Governance Community Character Community Character Public Infrastructure Good Governance Community Character Community Character Good Governance Good Governance Fiscal Stability Fiscal Stability Fiscal Stability Good Governance m • a_ co 0 m D 0 a_ a a co0 co a.0 0 CC con. >1- d co Work Plan # Randy Tsuda, Asst. Comm. Dev. Director 20 Dittos Lane Randy Tsuda, Asst. Comm. Dev. Dir Entertainment Ordinance Randy Tsuda, Asst. Comm. Dev. Director 5-Year Redevelopment Plan DEV-WP10 Bud Lortz, Community Development Director Tatto and Body Art Regulations DEV-WP11 Bud Lortz, Community Development Director Planning Commission Retreat DEV-WP12 Bud Lortz, Community Development Director Planning Commission Training DEV-WP13 Randal Tsuda, Asst. Comm. Dev. Director N E a) a O (9 a) '. Lc) > • w O 0 Bud Lortz, Community Development Director 2010 General Plan Update Bud Lortz, Community Development Director Sand Hill Properties Dev. Bud Lortz, Community Development Director Parking Credits ww 0 a Bud Lortz/Kevin Rohani Dev. Team Process Imp. Bud Lortz, Community Development Director Wine Tasting/Bar Analysis Bud Lortz, Community Development Director Housing Element Update (2008) GASB 34 Implementation Admin Policy & Procedure Revisions Stephen Conway, Finance Director Update Fee Analysis Stephen Conway, Finance Director FY 07-08 Budget Development L. O 0 o U 2 5o o 0 C C a)(6 C C LL LL (6 W 0 0 team ) C CD ) a 0_ CD (1) Financing Options for Capital Projects N (0 cod 0 0 0 0 o w w w 0 0 Z Z z LL Z 0 do * LL LL tL * L Financial System Upgrade co 0 IZ z * Major Projects 06/07 0 0 Town of Los Gatos - 2006-2007 o E E :✓ 1- ag N Y L ° Cv3L • 2 O p E •a /A 0 A Q a 0 Work Plan # Good Governance Good Governance Good Governance Good Governance Good Governance Good Governance Good Governance Good Governance Civic Enrichment Good Governance Civic Enrichment Civic Enrichment Good Governance Civic Enrichment Public Infrastructure Public Infrastructure Public Infrastructure Good Governance Good Governance a a m a IY U a s 0 a 0 a a a s a a 0 H Stephen Conway, Finance Director GASB 45 Implementation o, Human Resources Director o, Human Resources Director Lo 0 o 0 O 2 U U o O CC EC c c (6 (0 E E � 7 I I 0 o, Human Resources Director o, Human Resources Director o, Human Resources Director 0_ • 0 1 • a• Q. 0- I NE • NE EEEEEE IY L.L (L • c • NLL IY fY Peggy Conaway, Library Director Peggy Conaway, Library Director Peggy Conaway, Library Director Peggy Conaway, Library Director Linda Dydo, Assistant Library Directo Pamela Jacobs, Assistant Town Manager Pamela Jacobs, Assistant Town Manager 2 2 J L '3 U Z p � 0 V Y cTiQ) CO W N N m Q • c _c 0 U O U O O� O Nco 5 _ ►• W- u) 0 N ,- o a) p a o a 0) 0 co 0 0 co a 0 0 CO 0 0 a a a a a a a a a a a a tY th tY IY a i m m m m m 0 • 2 LL I I I I I I '1( J J J J J 2 "1c Injury & Illness Prevention Program Employee Survey VEBA Retirement Savings Plan Op Pamela Jacobs, Assistant Town Manager Jenny Haruyama, Admin. Programs Mgr Comcast Franchise Renewal Pamela Jacobs, Assistant Town Manager Jenny Haruyama, Admin. Programs Mgr c c L U a) IY * Major Projects 06/07 fY 4' a) -9 a) Ea) u) Q a) u) O c a)N > O m t. a a a)F- U O II c = a U) 00 O a I I CO v - a ii- 3 • c c' aa)i 1- • 0 C) E c0 c T, p 0 O0 In a 0U EL 0 0 Town of Los Gatos - 2006-2007 co E E 0 Fiscal Stability Civic Enrichment Fiscal Stability Good Governance Good Governance Civic Enrichment Good Governance Community Character Good Governance Public Infrastructure Good Governance Fiscal Stability Fiscal Stability a) co 0 7 a Good Governance Community Character Good Governance T O rY O U O co co a O a a co a O O co a a O Work Plan # Subject Danielle Surdin, Economic Vitality Manager Jenny Haruyama, Admin. Programs Mgrt Danielle Surdin, Economic Vitality Mgr. Jenny Haruyama, Admin. Programs Mgr. Chris Gjerde, Information Systems Manager Pamela Jacobs, Assistant Town Manager Chirs Gjerde, Information Systems Manager Danielle Surdin, Economic Vitality Mgr. Jenny Haruyama, Admin. Programs Mgr. Chris Gjerde, Information Systems Manager Jenny Haruyama, Admin. Programs Mgr. Danielle Surdin, Economic Vitality Mgr. Danielle Surdin, Economic Vitality Mgr. Pamela Jacobs/Scott Seaman Pamela Jacobs, Assistant Town Manager Regina Falkner/Pamela Jacobs Pamela Jacobs, Assistant Town Manager *di * Major Projects 06/07 .` 0 a) CC 11 CC m N -0 >. E a) �; c a) 4 U T 5 Q 0 (o co N c C Q) ', c > (o N co . ' a) 0) c > 00 3 0 ) 0 c 0 W 7 Q. N •O N W a) H c.na) 0 N C a) U _ = a` a (A U o n .� &5 N U . u, _o u) a. m N u) rY co - o co co c in rn a F- a) cn c > @ u) C m a) C -e co -a ai E >o E in 0 Ov) n ( o Y 0) m m < z w -J Q 0) d a rnE e- N V' co CO 0) c CV CV O0 NO d 0- N 0- CV N CV a N a a N 11 11 a a a a o 0 O U a a CL 0 0 CL 0 CL 0 CC 0 0 0 2 * 02 02 02 2 o 6 29c 4 24c 2* 2* . a a News Rack Policy Town of Los Gatos - 2006-2007 L aL aL L) L7 L L L L L 7 3 3 3 7 3 3 7 7 ▪ 0 0 0 • 0 0 0 0 ▪ 4) ▪ a) a) _� Q) E a) 3 3 7 3 7 7 3 7 3 7 7 L L L L L L L L L L L o L L L L L L L. L L L L U U U U U c..)L1C_1 U 4- 4 9- rC-- .- 4- `�- '�- `� `�- '� c c C C C C c C C C 7 • 7 ▪ 7 • 3 3 7 U 7 - U U U U U U 0 0 U 0 U a a a d a a > a _0 _0 _0 _0 _0 _0 .fl _0 .n _0 _0 3 7 3 7 3 3 7 3 3 7 3 a 0- a. a a 0- d a s (1 0 3 Ci m Q- O 0- U m w 0- O 0 a O 0- cccc 0- O U 0 0 m E E N C 1- cc ao N 0 CO . 1I d O 6- m L v C a E •0 L. In O Work Plan # Subject David Gravel, Police Captain Neighborhood Outreach Plan Alana Forrest, Police Captain Public Safety Technology Projects David Gravel, Police Captain 9-1-1 Readiness Fee Ordinance David Gravel, Police Captain Emergency Operations Plan Revision David Gravel, Police Captain Evidence Storage Facility Scott Seaman, Chief of Police Youth Commission Scott Seaman, Chief of Police Alive and Loving Life c)coO O C) a *a a EL a a 0- a L L Cr) N C C W • w 3 3 I— • I— as as L t C C a cu Y Y FY 06-07 Street Resurfacing PPW-WP01 Kevin Rohani, Town Engineer Kevin Rohani, Town Engineer Kevin Rohani, Town Engineer Kevin Rohani, Town Engineer L L L 'a-) L aa)) a.)0) a) a) W-WP12 Main Street Streetscape 2006 a 9c Development/Implementation of C.I.P. a a_ Geographic Information Services (GIS) Undergrounding Utility Analysis * Major Projects 06/07 Town of Los Gatos - 2006-2007 Ts 0 0 .) 0 Work Plan # Public Infrastructure Kevin Rohani, Town Engineer Community Character Bud Lortz, Community Development Director Public Infrastructure Kevin Rohani, Town Engineer Good Governance Debra Figone, Town Manager PPW Organizational Assessment PPW-WP21 Public Infrastructure Kevin Rohani, Town Engineer * Major Projects 06/07 of c U a) I I cLa a) a) -p E .i• U C O O m • O a) O II IZ 0) II CO d c rn E c 0 0 II II O 0 SUGGESTED STRATEGIC GOAL STATEMENTS FOR FY 2007-08 Goal: Community Character Preserve and enhance the appearance, character and environmental quality of the community Goal: Good Governance Ensure responsive, accountable and collaborative governance. Goal: Fiscal Stability Maintain ongoing fiscal stability to provide cost effective core services that meet the needs of the community Goal: Public Infrastructure Maintain the condition and availability of public facilities, transportation systems, and other public infrastructure Goal: Civic Enrichment Foster opportunities for civic engagement, and cultural, recreational and individual enrichment. Goal: Public Safety Ensure public safety through proactive community policing, effective emergency response, and community -wide emergency preparedness. PRIORITY AREAS FROM 2000-2005 STRATEGIC PLAN Priority: Appearance, Character and Quality of the Community Priority: Responsive, Accountable and Cost Effective Government Priority: Fiscal Stability Priority: Infrastructure Priority: Transportation, Traffic and Parking Priority: Personal Growth and Enrichment of the Individual ATTACHMENT 2 FY 2007-08 STRATEGIC GOALS AND MAJOR PROJECTS PUBLIC CIVIC PUBLIC SAFETY INFRASTRUCTURE ENRICHMENT Ensure public safety through proactive community policing, effective emergency response, and community - wide emergency preparedness * Los Gatos Prepared * Mobile Video Technology MI .OD 'ikaE 22§2E •\°# 5 , t E c "c •;k�}/ i2Ek� °"• to.g2._ L00. E' o& O. 9 E t k J E ; / /� /)7ƒ R$m2 /ce\/ CU C.) \/ / 8E° >— c=•ƒ- = G a ».� t_a / > & >,\\\- a)f �--=0- cw±§7{;\/E e> 7�=§f�\ KEmt>,\\ Rom/¥oM>\ % \[(©\ a»7�±�ƒ /\2°5`.c \�/c§- / FISCAL STABILITY Maintain ongoing fiscal stability to provide cost effective core services that meet the needs of the community CM \ ® o §$ c > 0_§k c'J 0 >coaW GOOD it GOVERNANCE Ensure responsive, accountable and collaborative governance &2 c> momEL // a)oal5 =cL- Co> (1) c o ±i oo$ COMMUNITY L CHARACTER 1p I eserve and enhance the appearance, character and environmental quality of the community ) , ? R «k o / =R Ec a2 2eE/\ /# 277 #£ ®$061at\ \» 2u E:�7—E— &? §/(®3—. %®�D tea$\z=[cA£/\5// /\k(}k�/ƒkf./6�ƒ 2ƒ////2j�ƒI�//k ATTACHMENT 3 Los Gatos Town Council Retreat —March 10, 2007 General Plan Update General Plan --Described: State law requires that all cities have an adopted general plan which is defined as a "comprehensive, long-range plan for physical development" of the community. The California Supreme Court has determined that the General Plan is the "constitution for all future development." The General Plan must contain seven mandatory elements and may contain any number of optional elements. The seven mandatory elements are as follows: land use, circulation, housing, conservation, open space, noise, and safety. The Town's current General Plan (General Plan 2000) was adopted in July 2000. The Town has typically updated its General Plan on a ten year cycle. Under this approach, a new General Plan would need to be adopted in 2010. State law does not require that plans be updated within a specific timeframe, other than the housing element. It does require that a city periodically review and update its general plan to reflect changing circumstances and issues. Process for Last General Plan Update: A series of public hearings on the Draft General Plan 2000 marked the culmination of three years of effort in producing the General Plan 2000. The following summarizes the process: • General Plan Task Force I met six times between June 26 and December 4, 1997; presented a report to the Council on January 26, 1998 • General Plan Task Force II met 14 times between June 18, 1998 and March 18, 1999 • The General Plan Committee spent 14 months writing the Draft General Plan 2000 • Draft General Plan 2000 and Draft EIR were distributed for public review on April 14, 2000 • General Plan Task Force II met twice in May 2000 to discuss the public hearing draft General Plan 2000 and to formulate a recommendation to the Planning Commission and Town Council • General Plan Task Force II report was issued on May 22, 2000 (Exhibit A of Attachment 2) • The 45-day review period for the Draft EIR ended on June 2, 2000 • Three Planning Commission public hearings were held between June 3 and June 7, 2000 • Planning Commission discussed the issues and public comments on June 7 and June 12, 2000 • Planning Commission recommended approval of the Draft General Plan to the Town Council on June 14, 2000 • Town Council held two public hearings in June and July 2000 and adopted General Plan 2000. ATTACHMENT 4 Town Council Retreat March 10, 2007 General Plan Update Page 2 Items for Discussion: 1. Community Input: General plan updates require substantial public input and involvement. What types of community conversations and input will be conducted: a. Public workshops? b. General Plan task force? c. Issue or area -based task forces? d. How to ensure input from all facets of the community? 2. Council and Commission Involvement: It will be important that Council establish the overall approach and scope of the update at the beginning of the process. a. Establish subcommittees? b. Work through General Plan Committee? c. Periodic study sessions? 3. Staff and Consultant Capacity: A consultant was retained to work with the Town in preparing General Plan 2000. Substantial consultant assistance will again be required: a. General plan preparation b. EIR preparation c. Technical reports, e.g. traffic, noise In addition, contract planner resources may be required to backfill staff time dedicated to the General Plan Update and/or to directly support the update effort. The update will also require support and involvement from all Town Departments, particularly PPW. 4. Timelines: The timeline is dependant on the Council's scope for the update. General Plan 2000 was a three year process. N:\DEV\RANDY\Town Council\TC RETREAT 031007\GP Information 030107.doc s L Abbreviations: s;' •„ `� • Increasing number of formula retail businesses in downtown core? • Over concentration in downtown core? • Loss of local and small businesses? • Changing character of downtown? • No criteria for approval? • Council has requested review? • Over concentration of restaurants? • Loss of retail space? • Loss of retail vitality? • When should restaurants be approved? • Definition of restaurant --Council has requested review? • No policies on wine tasting? • Late night impacts on residential neighborhoods? • Impact on police services? • No policies on expansion to full alcohol service? 9 • GP: retain small and local owned businesses • TC: CUP Required • TC: findings for denial of formula retail business • TC: definition of formula retail business • GP: encourage mix of business except downtown where retail should be emphasized • TC: CUP Required • TC: Definition of restaurants • Ordinance 2021 adopting restaurant requirements • Policy regarding retail business that offers food products • TC: CUP Required • Alcohol Policy • Concentration in downtown core • # of formula retail businesses increasing • Rising rents in downtown • Incremental additions to restaurants Alcohol Policy • Increase in wine tasting rooms • Increasing retail sale of wine • Recent applications for wine bars • Expansion to full alcohol service ;c �r C d ,� y E O O .D Grr QC1 Restaurants in Downtown Revised 03/02/2007 11:28 AM ATTACHMENT 5 r. Abbreviations: • a) O a) .� ms r. ed 0 Ti .0 e; O ti co 0 .b , C = ++ C -p rn o o. L y O o o oso o c„ s C y CO ... a) O CZ '1O bA a) a) C 0C N a) E as) a) 'a N E by -0 C O 0 "0 cd V" • y 3 C pp s y N .0 y O 7 N Cd .. 00 == a)0) s _ ea c4 E • o `o a> a 3 aa) •: Q- a E a)3 0 a:•;�a -or) a a•E a> o v V c Vv Vsc•�,c. a� 1 w Comer Parcel 1 Interior Parcel Revised 03/02/2007 1 1 :28 AM RECURRING ISSUES BACKGROUND MATERIAL ATTACHMENT 6 FORMULA RETAIL General Plan L.P.5.2 Encourage a mix of retail, office and professional uses in commercial areas, except in the Central Business District where retail should be emphasized. Zoning Code 29.20.190 (b): Findings for Denial of Formula Retail Use (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 or a personal service business if any of the following findings are made: (1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter; (2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located; (3) The proposed use would create an over -concentration of similar types of businesses, or; (4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality. 29.10.020: Definition of Formula Retail Business Formula retail business means a retail business which, along with seven (7) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features. Attachments 1. Map of Formula Retail Uses Downtown a� o a, o m E °ems a w'°O a L a,° =E o yl o m N ooav2�s.Caa'a'aa¢ t �a ° ° a� � ��.� E aa -ca33 c o o°� am-c' 3v-mmt.7mn.unm3,nor<,mg RESTAURANTS DOWNTOWN General Plan L.P.6.2 Encourage the development and retention of small businesses and locally - owned stores and shops that are consistent with small town character and scale. Zoning Code Restaurant means a retail food service establishment in which food or beverage is prepared, served and sold to customers for on -site or take-out consumption. Restaurant, drive-in means a restaurant where food or beverages are sold to be eaten in vehicles whether on or off the premises or are delivered directly to the occupants of vehicles. Restaurant, fast food means a restaurant with a large carry -out clientele, long hours of service, some open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in customers. Restaurant, high turnover (sit-down) means a restaurant with turnover rates generally of less than one (1) hour, is usually moderately prices and frequently belong to a restaurant chain, generally service breakfast, lunch and dinner, and are sometimes open twenty-four (24) hours a day. Restaurant (minor) means any restaurant that satisfies the following criteria: (1) Provides less than 25 seats; (2) Serves no alcoholic beverages; (3) Proposes no significant exterior changes that would alter the architectural character of the building; and (4) Provides a net increase of less than five peak hour traffic trips. Restaurant, quality means a restaurant of high quality and with turnover rates usually of at least one (1) hour or longer, generally do not serve breakfast, may not serve lunch, but always serve dinner. Attachments 1. Ordinance 2021 — Restaurant Requirements 2. Description of Restaurants and Specialty Retail Businesses 3. Map of Downtown Restaurants ORDINANCE 2021 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 TO PROVIDE A MORE COMPREHENSIVE REVIEW OF ADDITIONAL RESTAURANT USE IN THE DOWNTOWN AREA THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The C-2 (Central Business District Commercial) zone of the Town of Los Gatos contains a mix of retail, restaurant, and associated uses that sustains the economic vitality and historic atmosphere of the area, and is an essential part of the community. However, too many restaurants concentrated in this one area would displace retail uses that are vital to continued success and to having businesses that attract Town residents throughout the day. This ordinance is intended to discourage the displacement of retail uses by restaurant uses by requiring the Planning Commission to conduct a careful review of all applications for new restaurant uses in the C-2 zone through the public hearing process. SECTION II Section 29.10.020 is amended to read as follows: Bar means a drinking place where alcoholic beverages and snacks are served; possibly with entertainment such as music, television screens, video games or pool tables. ***** Restaurant, fast food means a restaurant with a large carry -out clientele, long hours of service, some open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in customers. Restaurant, high turnover (sit-down) means a restaurant with turnover rates generally of less than one hour, is usually moderately priced and frequently belong to a restaurant chain, generally serve breakfast, lunch and dinner, and are sometimes open 24 hours a day. Restaurant, quality means a restaurant of high quality and with turnover rates usually of at least one hour or longer, generally do not serve breakfast, may not serve lunch, but always serve dinner. SECTION III Subsection (16) of Section 29.20.745 is amended to read as follows: (16) Determine and issue zoning approval for minor restaurants that are located outside Downtown [the C-2 zone]. SECTION IV Subsection (8) of Section 29.20.750 is amended to read as follows: (8) Determines conditional use permit applications that are not assigned to the Development Review Committee. SECTION V This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 5, 1996 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 September 16, 1996. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR ii' HE TOWN LOS GATOS, CALIFORNIA 2 STANDARDS FOR OUTDOOR RESTAURANT SEATING 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a conditional use permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property. The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation shall be designed to clearly suggest that alcohol is not allowed outside the restaurant seating area. 4. For outdoor seating areas immediately adjacent to the public right-of-way, a hold harmless agreement shall be recorded releasing the Town from any liability related to the outdoor seating. 5. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. mb 10\misc\outdoor.std EXHIBIT A PLANNING DEPARTMENT POLICY TOWN OF LOS GATOS Subject: Description of Restaurants and Specialty Retail Businesses That Offer Food Products Page: Section Number: Approved: Lee E. Bowman, Planning Director Effective Date: Revised Date: August 1, 1996 PURPOSE To provide guidelines for determining whether a business serving food products is specialty retail or restaurant. POLICY It is best to obtain a written description of a proposed business from the applicant to provide a "paper trail" and avoid possible misunderstanding. If a proposed business is not described below staff shall obtain a written description of a proposed business from the applicant so the Planning Director may make the final determination. Specialty Retail - Specialty Retail include those businesses which offer pre -packaged foods (e.g. pre -made sandwiches, candy, donuts and other bakery items, frozen pizza to go, bagels without condiments, etc.). No seating for customers is allowed in any business where food products are sold. Restaurant - A definition of restaurant is contained in the Zoning Ordinance (§ 29.10.020). Restaurants include those businesses offering food or drinks that are ordered by a customer and prepared while the customer waits (e.g. bagels with condiments, gourmet coffee shops (except sales of whole bean or ground coffee), sandwiches, ice cream, yogurt, pizza or Chinese to -go, health drinks, etc.). Any business that sells food products and offers seating for customers is considered a restaurant. N:1DEVIBUD\POLICY. Town of Los Gatos 0 115 230 460 690 920 Feet 0 C-2 Zoning District 0 Restaurants that serve alcohol A Non -Restaurants that sell alcohol • Restaurants that do not sell alcohol ALCOHOL POLICY Attachments 1. Alcohol Policy 2. Town Code Conditional Use Permit Matrix RESOLUTION 2001 - 106 RESOLUTION OF Tim TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THY, TOWN'S ALCOHOLIC BEVERAGE POLICY WHEREAS, the sale of alcoholic beverages, if not regulated, can jeopardize public safety, result in an increase of calls for police services and compromise the quality of life for Town residents; and WHEREAS, The Town Council wants to balance the regulation of alcoholic beverage service and protection of residential neighborhoods with the goal of maintaining a vibrant and successful Downtown and commercial areas throughout Los Gatos; and WHEREAS, the Town Council held a study session on July 2, 2001 to discuss issues relating to service of alcoholic beverages; and WH H;REAS, the Town Council has indicated a desire to review all applications for new alcohol service or change in existing service, and a need to amend the existing Alcohol Policy, THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS does hereby adopt the amended Alcoholic Beverage Policy attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day of September, 2001, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: Gc CLERK OF THE TOWN OF LOS GATOS LOS GATOS! CALIFORNIA 2 YORDI'-THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA POLICY REGULATING 1'tlE CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES I. Purpose The consumption or service of alcoholic beverages, if not regulated, can jeopardize public safety, result in an increase of calls for police services and compromise the quality of life for Town residents. This policy provides parameters for alcoholic beverage service, particularly addressing late night service when alcohol related incidents are most likely to occur and when the disturbances to Town residents is least tolerable. The service of alcoholic beverages, with or without meals, past 10 PM is a discretionary privilege to be determined on a case by case basis. The following provisions are intended to balance the protection of residential neighborhoods in close proximity to commercial districts and still maintain the viability of our commercial centers in which restaurants have an essential role. Hours of operation may be regulated based on an establishment's proximity to residential neighborhoods or schools, the concentration of establishments in an area serving. alcoholic beverages or for other reasons that may arise at the public hearing. The deciding body may approve a conditional use permit to serve alcoholic beverages based on the merits of the application and subject to the following requirements: H. General policy 1. The Town shall continue to strongly discourage new applications for stand alone bars or restaurants with separate bars. 2. The Town shall continue to discourage applications for entertainment establishments serving alcoholic beverages. 3. Entertainment in association with an eating or drinking establishment may be allowed if standards and a permit process are adopted. 4. Alcoholic beverage service for new conditional use permit applications or applications for modification of a conditional use permit shall not be allowed: A After 11 PM Sunday through Thursday, except for holidays and evenings before holidays. B. After 1 AM Friday, Saturday, holidays or evenings before holidays. An existing establishment with a conditional use permit in good standing allowed to serve alcoholic beverages past the hours stated above may continue to operate under their existing hours of operation. Exhibit A Town of Los Gatos Alcoholic Beverage Policy Page 2 of 4 5. Any establishment serving alcoholic beverages shall be subject to the following: A. Uniformed privately provided security guards 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. B. At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department for on -going employee training on alcoholic beverage service to the general public. C. All establishments shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the Californian restaurant Association. D. All licensed operators shall have and shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. E. Taxicab telephone numbers shall be posted in a visible location. 6. The deciding body shall make the following findings prior to approving an application for conditional use permit to serve alcoholic beverages past 10PM: A. Late night service will not adversely impact adjacent residential neighborhoods. B. The applicant does not have a history of complaints and non-compliance with local ordinances or the Alcoholic Beverage Policy. C. The applicant has demonstrated a clear benefit to the community. 7 A meal is defined as a combination of food items selected from a menu (breakfast, lunch or dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 8. Alcoholic beverage service in approved outdoor seating areas may be permitted if adequate separation from public areas is provided as determined by the Town Manager. The separation shall clearly suggest that alcohol is not allowed outside the restaurant seating area. Town of Los Gatos Alcoholic Beverage Policy Page 3 of 4 III. Specific Policy 1. Restaurants: Alcoholic beverages may only be served with meals. 2. Restaurants With Separate Bars: Alcoholic beverage service is permitted in the dining area only in conjunction with meal service. Meal service shall be available until closing or 11 PM Sunday through Thursday and until 12 midnight Friday, Saturday, holidays and evenings before holidays, whichever is earlier, if late night bar service is available. Specific hours of operation for each establishment are determined upon issuance of a conditional use permit. IV. Review Process 1. Proposals for new bars or restaurants with bars and all requests for new alcohol service or a change to existing service shall be reviewed by the Planning Commission. The Commission will make a recommendation to the Town Council and the Council shall have final review authority. Changes in ownership for businesses involving service of alcoholic beverages shall be reviewed by the.Community Development Department. The following process will be followed: a. The Director of Community Development shall contact the new business owner to make them aware of the conditions of approval attached to the Use Permit for the location. b. One year following issuance of a business license, surrounding/impacted property owners shall be notified and any comments regarding the operation of the business shall be solicited. c. If the Director of Community Development becomes aware of any alcohol related impacts on the surrounding neighborhood, the Director shall review the operation of the business to determine whether there is a violation of the use permit. Town of Los Gatos Alcoholic Beverage Policy Page 4 of 4 If there are violations of the use permit that have not been voluntarily corrected by the business owner the matter will be forwarded to the Planning Commission for public hearing pursuant to Section 29.20.310 of the Zoning Ordinance. e. Pursuant to Section 29.20.315 of the Zoning Ordinance the Planning Commission may revoke or modify the conditional use permit if it finds that sufficient grounds exist. IV. Enforcement All conditional use permits issued to establishments for alcoholic beverage service on -site shall be subject to Section 29.30.310(b) of the Town Code authorizing the Town Manager to take enforcement action if it is determined that the sale of alcohol has become a nuisance to the Town's public health, safety or welfare. Enforcement of section 2920.310(b) of the Town Code will be based on, but not limited to, the following factors: I. The number and types of calls for service at or near the establishment which that are a direct result of patrons actions; II. The number of complaints received from residents ad other citizens concerning the operation of an establishment; III. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; IV. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; V. Violation of conditions of approval related to alcoholic beverage service. The Alcoholic Beverage Policy is not to be construed to be a right of development. The Town retains the right of review and approval (or denial) of each project based on its merits. N:11DEV SULANNEICouncil Alcohol Policy \2001alcohol polwy.wpd ZONING REGULATIONS § 29.20.185 TABLE OF CONDITIONAL USES RC HR R1 RD R-M R-1D RMH 0 C-1 C-2 CH LM CM (1) Commercial a. Banks X X X b. Savings and loan of- fice x x x c. Drive -up window for any business X X X d. Supermarket x x x e. Super drugstore X X X f. Department store X X X g. Shopping center X X X h. Motel X X i. Hotel X X j. Restaurant including X X X X X those with outdoor dining areas or take- out food k. Establishment sell- ing alcoholic bever- ages for consumption on premises 1. In conjunction X X X X with a restau- rant 2. Without food ser- X vice (bar) 1. Establishment sell- X X X ing alcoholic bever- ages for consumption off -premises (this provision only applies to establishments commencing or ex- panding off -premises sales after April 23, 1981) m. Convenience market X X X n. Formula retail busi- X ness o. Formula retail busi- X X X ness greater than 6,000 s.f. p. Personal service businesses (as set forth in section 29.60.320) x q. New office building X X X approved or con- structed after May 1, 2006 (2) Recreation a. Commercial recre- X X X X ation and amuse- ment establishment b. Theater X c. Outdoor entertain- X ment d. Swimming pool for X X X X X X X X X X X X non -incidental use Supp. No. 47 2045 § 29.20.185 LOS GATOS TOWN CODE TABLE OF CONDITIONAL USES RC HR RI RD R-M R-1D RMH 0 C-1 C-2 CH LM CM e. Private sports recre- X X X X X X X X X X ation club f. Golf course (3) Community Services a. Public building; po- X X X X X X X X X X X X lice, fire, community center, library, art gallery, museum b. Club, lodge, hall, fra- X X X X X X X X X X ternal organization c. Church, monastery, X X X X X X X X X X X convent, and other institutions for reli- gious observance d. Mortuary, X X X X columbarium, mau- soleum e. Public transportation X X X X X X X X X X X X and parking facili- ties f. Park, plaza, play- X X X X X X X X X X X X ground g. Nonprofit youth X groups (4) Schools a. Public schools or col- X X X X X X X X X X X lege not otherwise specified b. Private school or col- X X X X X X X X X X X lege not otherwise specified; including a new private school or college to be located on grounds or within buildings formerly occupied by a public school c. Nursery school/day X X X X X X X X X X X care center, provided that each shall be on a site not less than 20,000 square feet in area and in a build- ing not less than 2,000 square feet in floor area d. Small family day care home e. Large family day care home f. Vocational or trade X X X school g. Business or proles- X X X X X alone' school or col- lege h. Art, craft, music, X X X X X dancing school (6) Health Services a. Hospital Supp. No. 47 2046 X ZONING REGULATIONS § 29.20.185 TABLE OF CONDITIONAL USES RC HR R1 RD R-M R-1D RMH 0 C-1 C-2 CH LM CM b. Convalescent hospi- X X X X X X X tal c. Residential care fa- X X X X cility-small family home d. Residential care fa- X X X X X X X X X X cility-large family home e. Residential care fa- X X X X X X X X X X dilly -group home (6) Transmission Facilities/ Utilities a. Public utility service X X X X X X X X X X X X yard, station, trans- mission lines, stor- age tank, drainage or communication facil- ities b. Antenna facilities op- X X X X X X X X X X X X erated by a public or private utility for transmitting and re- ceiving cellular tele- phone and other wireless communica- tions c. Radio and/or broad- cast studios (7) Automotive (Vehicle sales, service and related activ- ities) a. New vehicle sales X X and rental b. Used vehicle sales only incidental to new vehicle sales and rental c. Vehicle tires and ac- cessories, sales, ser- vicing, recaping d. Vehicle body repair X X and painting e. Vehicle repair and service (garage) f. Service station X X X X g. Parking lots or stor- X X age garages, not ac- cessory to another use h. Car wash X i. Truck terminal j. Alternating use of X X X X X X X X X X X offstreet parking spaces k. Recreational vehicle X X X and equipment stor- age yard 1. Tbmporary auto stor- X X X X X X X X X X X X age for automobile dealers Supp. No. 47 2047 § 29.20.185 LOS GATOS TOWN CODE TABLE OF CONDITIONAL USES RC HR RI RD R-M R-1D RMH 0 C-1 C-2 CH LM CM m. Parking lots that serve a nearby com- mercial use located on a previously un- improved property in the R-1:12 zone on an arterial street X (8) Residential Uses a. One -family dwelling b. Two-family dwelling c. Multiple -family X X X X X X dwelling d. Boardinghouse X X X X e. Apartment hotel X X X f. Mobile home park X g. Residential condo- X X X X X X minium h. Caretaker residence X X i. Reserved j. Conversion of a mo- X X bile home park to condominium owner- ship k. Live/work units x x x x x (9) Agriculture and Animal Services a. Botanical nursery X X X X X X X X X X X X b. Dairying c. Veterinary hospital (without kennel) d. Kennel X X X e. Commercial and pri- X X X X X vate stables and riding academies f. Wineries that have X been legally and con- tinuously operating for at least 50 years or is operated in con- junction with a vine- yard g. Aviaries and other X X X wholesaling animal - raising facilities h. Vineyards, orchards, X X X and agricultural or farming activities greater than 3,000 s.f. (10) Light Industrial a. Large recycling col- X X lection facilities b. Large recycling col- X X X X X X X X X X X X X lection facilities op- erated by a public agency c. Equipment rental X X X yard Supp. No. 47 2048 ZONING REGULATIONS § 29.20.190 TABLE OF CONDITIONAL USES RC HR R1 RD R-M R-1D RMII 0 C-1 C-2 CH LM CM d. Constructionmateri- alsyard e. Bulk fuel storage and sales f. Dry cleaning plants X X X g. Hazardous waste X management facility (11) Other a. Outdoor storage X X X b. Changing the activ- X X X X X X X X X X X X ity in a nonconform- ing building c. 24 hour businesses X X X X X X or businesses open between the hours of 2:00 a.m. and 6:00 a.m. (Ord. No. 1316, § 5.20.205, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1367, 9-19-77; Ord. No. 1369, 10-3-77; Ord. No. 1375, 11-21-77; Ord. No. 1405, 9-5-78; Ord. No. 1417, 2-20-79; Ord. No. 1476, 9-15-80; Ord. No. 1483, 12-2-80; Ord. No. 1493, 3-17-81; Ord. No. 1506, 7-6-81; Ord. No. 1531, 4-20-82; Ord. No. 1546, 8-16-82; Ord. No. 1555, 10-25-82; Ord. No. 1571, 3-7-83; Ord. No. 1596, 10-24-83; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No. 1701, 12-15-86; Ord. No. 1724, 5-18-87; Ord. No. 1725, 6-1-87; Ord. No. 1729, 6-15-87; Ord. No. 1732, 7-20-87; Ord. No. 1737, § V, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1835, § III, 7-16-90; Ord. No. 1842, § II, 4-1-91; Ord. No. 1896, § I, 4-6-92; Ord. No. 1961, § I, 11-15-93; Ord. No. 1993, § I, 1-3-95; Ord. No. 2006, § IIA, 11-6-95; Ord. No. 2011, § I, 3-4-96; Ord. No. 2107, § II, 11-4-02; Ord. No. 2115, § III, 9-15-03; Ord. No. 2131, § I, 5-3-04; Ord. No. 2132, § II, 5-17-04; Ord. No. 2149, § I, 5-1-06) Sec. 29.20.190. Findings and decision. (a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of this chapter if it finds that: (1) The proposed uses of the property are essential or desirable to the public convenience or welfare; (2) The proposed uses will not impair the integrity and character of the zone; (3) The proposed uses would not be detrimental to public health, safety or general welfare; and (4) The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter. (5) A hazardous waste facility proposal is subject to the California Health and Safety Code, Article 8.7, Section 25199-25199.14 and shall be consistent with the Santa Clara County Hazardous Waste Management Plan. Supp. No. 47 2048.1 § 29.20.190 LOS GATOS TOWN CODE (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 or a personal service business if any of the following findings are made: (1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter; (2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located; (3) The proposed use would create an over -concentration of similar types of businesses, or (4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality. (c) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a new office building if any of the following findings are made: (1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter; (2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located; (3) The proposed use would create an over -concentration of similar types of businesses; or (4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality. (Ord. No. 1316, § 5.20.210, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2006, § III, 11-6-95; Ord. No. 2107, § III, 11-4-02; Ord. No. 2132, § III, 5-17-04; Ord. No. 2149, § I, 5-1-06) Sec. 29.20.195. Conditions. In approving a conditional use permit, time extension or modification thereto, the deciding body may include such conditions as are reasonable and necessary under the circumstances, to preserve the integrity and character of the zone and to secure the general purposes of this chapter and the general plan. Such conditions, without limiting the discretion and authority of the deciding body, may include time limitations, architecture and site approval, street dedication, street and drainage improvements, and additional parking. (Ord. No. 1316, § 5.20.220, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77) Sec. 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: (1) The number of locations of retail on -sale and off -sale licneses to sell alcohol located within a reasonable distance, generally one (1) mile, of the proposed location; Supp. No. 47 2048.2 ZONING REGULATIONS § 29.10.020 Dwelling, group means on one (1) lot, groups of more than one (1) of such main buildings as are permitted by the regulations of the zone. Dwelling, unit means a building or portion thereof intended for occupancy or occupied by one (1) family exclusively, and containing but one (1) kitchen. Erect means and includes build, construct, install, assemble, improve, alter, reconstruct, restore, or renovate, any building structure, improvement, facility, or any part or portion thereof or foundation thereof, or appurtenances thereto, whether or not such building, structure, improvement or facility is completed, or to work upon, or in any way assist in such erection. Family means one (1) or more persons related by blood or marriage, or a group of not more than five (5) persons, not including servants, who need not be related by blood or marriage, living as a single housekeeping unit. Family day care home means a dwelling where day care is provided for children under eighteen (18) years of age who are unrelated to the licensee. A small family day care home is for six (6) or fewer children and a large family day care home is for seven (7) to twelve (12) children. Both limitations include the number of children residing in the dwelling unit. Floor area, gross means the entire area of all floors, including basements and cellars, measured from the outer face of exterior walls or in the case of party walls from the centerline. Gross floor area includes any part of exterior balconies or walkways above the ground floor required for ingress and egress. Ornamental balconies and outside unroofed corridors not required for ingress or egress are excluded. The area of elevator shafts is excluded except on the ground floor. Floor area ratio (FAR) means the gross floor area of a building or buildings on a zoning plot divided by the area of such zoning plot. Floor, (finished) means the lowest point of elevation of the top of the sub -floor or finished foundation slab as measured from finished grade, a known fixed reference height benchmark, or as a height referenced from sea level. Formula retail business means a retail business which, along with seven (7) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features. Garage means an accessory structure or any part thereof designed or used for parking or storing one (1) or more vehicles. Garage, repair means a structure, or any part thereof, used for the commercial repair or painting of vehicles. Garage, storage means a structure, or any part thereof, used commercially for the storage, parking or servicing of vehicles, but not the repair thereof. Supp. No. 46 1977 § 29.10.150 LOS GATOS TOWN CODE (5) Any parking spaces that are credited in the parking assessment district calculation may not be eliminated. (g) Parking requirements for major additions to single-family dwellings. Notwithstanding the provisions of division 5 of this article of this chapter, any addition to a single-family dwelling as described below shall comply with the parking requirements set forth in subsection (c)(1) of this section: (1) An addition exceeding fifty (50) percent of the existing floor area; (2) An increase in the number of bedrooms; (3) A second story addition to a one-story building. (h) Exemptions. Compliance with subsection (c)(1) is not required if the deciding body makes the following findings: (1) If the site and/or structures on the site are subject to historic preservation pursuant to division 3 of article VIII of this Code and the Historic Preservation Committee determines that the enforcement of subsection (g) will impact the historic character of the site and/or structures on the site; or (2) The lot does not have adequate area to provide parking as required by subsection (c)(1). This finding is not required if subsection (h)(1) is made. If the deciding body makes the findings set forth above, parking shall be provided to the maximum extent possible. (i) Parking requirements for residential properties that are nonconforming as to parking with a Landmark Historic Preservation overlay zone. Residential structure(s) with a Land- mark Historic Preservation overlay zone that are lawfully or unlawfully demolished as defined by sections 29.10.020 and 29.10.09030(h) of the Town Code, shall not be required to meet the parking requirements for new construction if no changes to the previously approved plans will be made except as determined by the Planning Director to meet current zoning and building code requirements. (Ord. No. 1316, §§ 3.41.010-3.41.075, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1493, 3-17-81; Ord. No. 1546, 8-16-82; Ord. No. 1652, 4-15-85; Ord. No. 1654, 4-22-85; Ord. No. 1657, 6-3-85; Ord. No. 1724, 5-18-87; Ord. No. 1789, § VI, 5-15-89; Ord. No. 1854, § I, 6-3-91; Ord. No. 1945, § I, 6-7-93; Ord. No. 2083, § I, 5-7-01; Ord. No. 2149, § I, 5-1-06) Sec. 29.10.155. Development standards. (a) Generally. All permanent off-street parking lots and parking garages shall be con- structed as provided in this section. Where the rules of a zone pertaining to yards, landscaping, fencing, or lighting are stricter than those contained in this section, the rules of the zone apply. (b) Location of required off-street parking spaces. All off-street parking spaces shall be on the same lot as the use for which they are provided. Supp. No. 47 2018 ENTERTAINMENT POLICY See attachments for Alcohol Policy PARKING CREDITS Zoning Code 29.10.150 (f15): Number of off-street spaces required (5) n Any parking spaces that are credited in the parking assessment district calculation may not be eliminated. General Plan T.P.6.3 Consider new parking facilities and/or other alternatives (such as developing alternative modes of transportation and providing effective incentives to use them) to ease parking congestion Downtown. T.I.6.1 Downtown Parking Program: The Town Council acting as the parking authority shall: (1) Promote the formation of an assessment district and/or consider the use of the various parking and business improvement programs authorized by State law to help finance the construction of the parking facilities and/or alternatives to parking. (2) Develop a revenue collection plan. Revenues collected (fines, fees, meters and permits) will accrue to the district to help pay for maintenance, enforcement, capital replacement, later phases of the parking district and parking alternatives, or programs to maximize use of facilities for parking and alternatives to parking, such as shuttle buses, more employee lots, bicycles, bus passes, etc. (3) Develop a revenue collection plan. Revenues collected (fines, fees, meters and permits) will accrue to the district to help pay for maintenance, enforcement, capital replacement, later phases of the parking district and parking alternatives, or programs to maximize use of facilities for parking and alternatives to parking, such as shuttle buses, more employee lots, bicycles, bus passes, etc. (4) Develop a plan for implementing one or more of the parking facilities listed below only as needed in conjunction with development of programs and facilities to reduce parking demand: A. Bachman Ave./Hwy. 9 Parking Lot B. Royce St./Bachman Ave. Parking Lot C. Grays Ln./Royce St. Parking Lot D. Elm St./Grays Ln. Parking Lot E. Station Way Parking Lot F. Farwell Parking Lot T.I.6.2 Downtown Parking Program: Consider the following potential improvements that could increase the number of parking spaces within the CBD/East Main Street area: (1) Make the best use of existing Town owned property. (2) Parking should not replace existing development. NEIGHBORHOOD COMPATIBILITY General Plan L.P.1.8 In -fill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area. L.P.2.1 Review all development applications in light of the overall mass and scale of the development. L.I.2.4 Maximum House Size: Consider a maximum house size regulation that incorporates various methods for limiting house size L.P.4.3 Maintain the character and identity of existing neighborhoods. New construction, remodels, and additions shall be compatible and blend with the existing neighborhood. L.P.4.4 Avoid Demolitions. If allowed, the replacement house should be similar in size and scale as the original and maintain the neighborhood character. () GF Revenue Source Comparison All Other Sources 23.81 Intergovernmental 7.14% Licenses & Permits 8.84% Town Services 10.54% Sales Tax 27.55% Property Tax 22.11% o Sales Tax 27.55% ■ Property Tax 22.11 ❑ Town Services 10.54% ❑ Licenses & Permits 8.84% ■ Intergovernmental 7.14% OAll Other Sources 23.81 Town Sales Tax Mix 2006/07 Sales Tax Revenues $8.1 Million Auto Dealers, 19.4% Downtown 19.0% ■ NetFlix $1.8M • Auto Dealers $1.6M (six) ❑ Downtown Businesses $1.5M ❑ Others $3.2M Sales Tax Contribution Comparison 2,000,000 , 1,800,000 -, 3 1,600,000 1,400,000 a — 1,200,000 a) F 1,000,000 al Q 800,000 600,000 - a 400,000 200,000 $- deetrag®®® P`� 0 co��F Pia \. Q,c.P Attachment 7