Item 16 Staff Report Adopt Ordinance Amending the Zoning Ordinance of the Town Code to Permit Ground Floor Office Uses on Streets, Alleyways or Parking Lots Where they are Presently not Allowed. Zoning Amendment A-92-3A. Applicant: Bret Hancock.1/1
COUNCIL AGENDA
DATE: 5/2/94
ITEM NO. j co
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: APRIL 22, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT: ADOPT ORDINANCE AMENDING THE Zdf<1ING ORDINANCE OF THE TOWN CODE
TO PERMIT GROUND FLOOR OFFICE USES ON STREETS, ALLEYWAYS OR PARKING
LOTS WHERE THEY ARE PRESENTLY NOT ALLOWED. ZONING AMENDMENT A-
92-3A. APPLICANT: BRET HANCOCK.
RECOMMENDATION:
1. Adopt the attached ordinance which was introduced at the Town Council meeting of April 4, 1994.
2. Instruct the Clerk to publish the ordinance no more than 15 days after adoption.
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
LEA:yfg 4/22/94 2:25 pm
DISK020\A:\A-92-3A.ORD File #
Attachments: Ordinance
Distribution:
Chamber of Commerce, P.O. Box 1820, Los Gatos, CA 95031
Los Gatos Downtown Association, c/o Joe Hargett, P.O. Box 291, Los Gatos, CA 95031
Bret Hancock, Thacher & Thompson, Architects, 200 Washington Street, Suite 201, Santa Cruz,
CA 95060
Robert R. Bickal, 447 Plateau Avenue, Santa Cruz, CA 95060
Los Gatos Boulevard Community Alliance. c/o Los Gatos Cyclery, 15954 Los Gatos Bivd., Los Gatos,
CA 95032
Reviewed by:Manager
Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE OF THE TOWN CODE
TO PERMIT GROUND FLOOR OFFICE USES ON STREETS, ALLEYWAYS
OR PARKING LOTS WHERE THEY ARE PRESENTLY NOT ALLOWED
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Section 29.60.320 is amended to read as follows:
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are
those involving the conduct of commerce and general business and the sale of commodities
necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing.
(2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or
businesses.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made,
on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses
permitted in this Section.
(b) Example of proper C-2 activities are apparel stores, launderettes or dry
cleaning agencies, travel agencies, antique stores, telephone answering services, artist
studios, sales offices for merchandise stored elsewhere, craft studios, auto parts sales and
paint shops. Examples of activities which are not proper in the C-2 zone are vehicle sales
or service, manufacturing, warehousing, laundry or dry-cleaning plants.
(c) Office activities in the C-2 zone are subject to the following:
(1) Office activities shall not be located on the ground floor along any
SM05\ ORDS\A-92-3A.ORD
street, alleyway, or public parking lot except:
a. Lyndon Avenue;
b. Pageant Way;
c. Properties abutting Wood Road;
d. The west side of Victory Lane;
e. The south side of Saratoga Avenue (to be known as Los
Gatos -Saratoga Road) west of Massol Avenue and east
of University Avenue; and
f. The east side of South Santa Cruz Avenue directly across
the street from Wood Road.
(2) Notwithstanding subsection (c)(1), office activities on ground floors
described below shall be considered conforming and shall be allowed
to continue so long as the office use is not discontinued for one
hundred and eighty consecutive days. If the office use is discontinued
for such a period, then the office use shall not be resumed, and token
use shall not toll or interrupt a period of discontinuance.
a. Office activities existing on June 17, 1991; or
b. Office activities in a building under construction on July
16,1990, if the applicable Architecture and Site Approval
specifically stated that the building was approved for
office activities.
SM05\ORDS\A-92-3A.ORD
2
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 1994, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
, 1994. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SM05\ORDS\A-92-3A.ORD 3
ORDINANCE 1975
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE OF THE TOWN CODE
TO PERMIT GROUND FLOOR OFFICE USES ON STREETS, ALLEYWAYS
OR PARKING LOTS WHERE THEY ARE PRESENTLY NOT ALLOWED
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Section 29.60.320 is amended to read as follows:
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are
those involving the conduct of commerce and general business and the sale of commodities
necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing.
(2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or
businesses.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made,
on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses
permitted in this Section.
(b) Example of proper C-2 activities are apparel stores, launderettes or dry
cleaning agencies, travel agencies, antique stores, telephone answering services, artist
studios, sales offices for merchandise stored elsewhere, craft studios, auto parts sales and
paint shops. Examples of activities which are not proper in the C-2 zone are vehicle sales
or service, manufacturing, warehousing, laundry or dry-cleaning plants.
(c) Office activities in the C-2 zone are subject to the following:
(1) Office activities shall not be located on the ground floor along any
m b 10\ O R D S\A-92-3A. O R D
street, alleyway, or public parking lot except:
a. Lyndon Avenue;
b. Pageant Way;
c. Properties abutting Wood Road;
d. The west side of Victory Lane;
e. The south side of Saratoga Avenue (to be known as Los
Gatos -Saratoga Road) west of Massol Avenue and east
of University Avenue; and
f. The east side of South Santa Cruz Avenue directly across
the street from Wood Road.
(2) Notwithstanding subsection (c)(1), office activities on ground floors
described below shall be considered conforming and shall be allowed
to continue so long as the office use is not discontinued for one
hundred and eighty consecutive days. If the office use is discontinued
for such a period, then the office use shall not be resumed, and token
use shall not toll or interrupt a period of discontinuance.
a. Office activities existing on June 17, 1991; or
b. Office activities in a building under construction on July
16, 1990, if the applicable Architecture and Site Approval
specifically stated that the building was approved for
office activities.
m b 10\ORDS\A-92-3A.ORD 2
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on April 4, 1994, 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 May 2, 1994. 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: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
m b 10\ORDS\A-92-3A.ORD 3
INTERNAL TRACKING
COMPLETE AND INITIAL EACH S1 IP
ACTION
Jufl9
AGENDA ITEM: (`-` `-'`
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
BY
' i r
LIST IN BOOK qj6
I
-i
j(1/12'
-7)/W_
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.5/5-
iy,
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR4e
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
,...:L--4Ak
TYPE ENVELOPES AND MAIL`
SIGN BY CLERK/SEAL
5/3
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
7J3
l
SEND FOR CODIFICATION IF ORDINANCE !
0-5.
:Ik:forms\ordres2
PUBLISH FULL ORDINAffiCE OF THE TOWN CLERK 6/4
D5
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
ATTORNEY
eleu,( A -qa.344-
ORD
5/02/94
16
GROUND FLOOR OFFICE
RESOLUTION ORDINANCE
Number: 1975
Date of Intro: 4/4/94
Date of Adopt: 5/02/94
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK: D14: \OTHER\ORDRES
May 2, 1994
Los Gatos, California
PAYROLL RATIFICATION/APRIL 1994 (07.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that L.„uncil ratify the check register for
the payroll of March 27 through April 9, 1994 paid on April 15, 1994 in the amount of
$206,606.40. Carried unanimously.
TRAILS AND BIKEWAYS COMMITTEE/ADVERTISE FOR VACANCIES (09.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report from Trails and
Bikeways Committee, determine vacancy exists, and instruct Clerk to advertise for applications
to fill vacancy. Carried unanimously.
9323 PROJECT/OAK MEADOW PARK/REST ROOM RENOVATION (10.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve contingency increase
for Project 9323 Oak Meadow Park rest room renovation by $2,000. Carried unanimously.
TRANSIT ASSIST PROGRAM/OPERATING BUDGET (11.;: )
Motion by Mr. Blanton, seconded by Mrs. Benjamin, ::;at Council amend the Community
Services Department's Transit Assist program FY 1993-94 Operating budget by transferring funds
from full-time employees account to insurance account. Carried unanimously.
ART COMMISSION/ART COUNCIL OF SANTA CLARA COUNTY/GRANT (12.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council amend the Arts Commission's
1993-94 budget to incorporate Arts Council of Santa Clara County 1994 grant of $1622. Carried
unanimously.
COMMUNITY FORUMS/COUNCIL PARTICIPATION (13.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report on participation
in Community Forums. Carried unanimously. (Council also requested staff consi '
vacation schedules and councilmember's available calendar time.)
MOBILEHOME RENTAL/TENANT-LANDLOR . : PUTES/ORDINANCE 1973 (15.19
Motion by Mr. Blanton, seconded by Mrs. 3e: lin, that Council re -adopt Ordinal-.
entitled, ORDINANCE OF THE TOWN OF )S GATOS AMENDING ARTICLL 14.85
REGARDING MOBILEHOME RENTAL AND O i HER TENANT/LANDLORD DISPUTES.
which was introduced at the Town Council meet:;_; of March 7, 1994. Carried unanimously.
OFFICE USE/GROUND FLOOR/A-92-3A/ORDI?' :E 1975 (16.46)
Motion by Mr. Blanton, seconded by Mrs. Benja; that Council adopt Ordinance 1975 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS .. .(ENDING THE ZONING ORDINANCE OF
THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON STREETS.
ALLEYWAYS OR PARKING LOTS WHERE THEY ARE PRESENTLY NOT ALLOWED. which
was introduced at the Town Council meeting of April 4, 1994. Carried unanimously.
ALCOHOLIC BEVERAGE POLICY/RETROACTIVE/ORDINANCE 1976 (17.43)
Motion by Mr. Blanton, seconded by Mrs. Ben min, that Cou:: -;'..adopt ( finance
ORDINANCE OF THE TOWN OF LOS GAT( AMENDING THE TC 4 COD
29.10.225 AND 29.20.310 A J ADDING SEC ON 29.20.318 TO PR( DE A
SERVING ALCOHOLIC B VERAGES IN C ES WHERE USE PEI iT COI
ALCOHOLIC BEVERAGE POLICY IS VIOLATED, which was introduced at the
meeting of April 18, 1994. Carried unanimously.
TC: D6: MM050294
2
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CTIONS
EDURE
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a Council