Item 18 Staff Report Consider Adopting Ordinance Amending Chapter 29 of the Town Code to 1) Allow Interior Floor Space at a Service Station to be Used for the Sale of Non-Automotive items, Such as Groceries and other Convenience Items. The Allowed Floor SCOUNCIL AGENDA REPORT
DATE: November 6, 1996
TO: MAYOR AND TOWN COUNC
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 11/18/96
ITEM NO.
CONSIDER ADOPTING ORDINANCE AMENDING CHAPTER 29 OF THE TOWN CODE
TO 1) ALLOW INTERIOR FLOOR SPACE AT A SERVICE STATION TO BE USED FOR
THE SALE OF NON -AUTOMOTIVE ITEMS, SUCH AS GROCERIES AND OTHER
CONVENIENCE ITEMS. THE ALLOWED FLOOR SPACE WOULD BE DESIGNATED IN
A CONDITIONAL USE PERMIT OR ARCHITECTURE AND SITE APPROVAL; 2) ALLOW
THE SALE OF BEER AND WINE AT A SERVICE STATION AS A SEPARATE
CONDITIONAL USE PERMIT IF DETAILED FINDINGS REGARDING THE PUBLIC
CONVENIENCE AND WELFARE COULD BE MADE FOR THE SPECIFIC SITE UNDER
CONSIDERATION AND WOULD REQUIRE A SPECIFIC SET OF CONDITIONS IF SUCH
AN APPROVAL WERE TO BE MADE. IT HAS BEEN DETERMINED THAT THIS TOWN
CODE AMENDMENT WILL NOT HAVE A SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND IS, THEREFORE, EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT. ZONING ORDINANCE AMENDMENT
A-96-4. APPLICANT: TOWN OF LOS GATOS
RECOMMENDATION:
1. Adopt Ordinance (Attachment 1).
REMARKS:
On November 4, 1996, Council continued this item to November 18, 1996. The Ordinance in Attachment 1 includes
the revisions made by the Council on November 4, 1996 when the Ordinance was introduced. Please see Council report
dated October 30, 1996 for further information on this matter.
ENVIRONMENTAL IMPACT:
It has been determined that this Town Code Amendment will not have a significant impact on the environment and is,
therefore exempt from the requirements of the California Environmental Quality Act.
FISCAL IMPACT:
Adoption of the Ordinance results in no fiscal impact on the Town. The cost of the 1/8 page newspaper advertisement
in the amount of $133.79 will be paid by Chevron.
Attachments:
1. Ordinance of the Town of Los Gatos Amending the Zoning Code regarding market use and beer and wine sales
in conjunction with service stations.
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
Reviewed by: f Attorney Finance Revised: 1 1/6/96 4:06 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Zoning Ordinance Amendment A-96-4
November 6, 1996
Distribution:
Chevron, USA, Attn: Richard Miller, 6001 Bollinger Canyon Road, Building L, Room 1092, San Ramon, CA 94583
Unocal, Attn: Tom De Luca, Project Manager, 76 Broadway Avenue, Sacramento, CA 95818
Linda Callon, Berliner Cohen, 10 Almaden Boulevard, 1 lth Floor, San Jose, CA 95113-2233
LEB:KS:sm
N:\DEV\CNCLRPTSIA-96-4.TC2
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING CODE REGARDING MARKET USE AND BEER AND WINE SALES
IN CONJUNCTION WITH SERVICE STATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
This ordinance would allow limited sales of non -vehicle related items under a conditional
use permit or architecture and site approval, dependent on whether the proposed sales would
constitute an intensification of use under the conditional use permit provisions of the Zoning
Code.
The State of California has mandated that if the Town were to amend its Zoning Code to
allow this type of combined use, then the Town must also establish a process for reviewing
applications to sell beer and wine at service stations under a conditional use permit process. This
ordinance is intended to provide a site -by -site review of any such application in order to protect
the public health, safety, and welfare.
SECTION II
The definition of "Service station" contained in Section 29.10.020 is amended to read as
follows:
Service station means a place where vehicles are serviced, when the services are limited
to (1) the selling of petroleum products, tires, batteries and accessories, servicing automobiles,
trucks and similar vehicles, including minor automotive repair, but excluding auto body, fender,
major engine repair or rebuilding, and outside repairs of any kind, and excluding outside display
of goods, except for petroleum products; and (2) in the square footage defined for such use in its
11/5/96 1
°: E TAC MEf 1
conditional use permit or architecture and site approval, the selling of food, beverages excluding
distilled spirits, and small personal convenience items, primarily for off -premises consumption.
SECTION III
Section 29.10.045 is amended to read as follows:
Sec. 29.10.045. Uses prohibited.
(a) Generally. All uses which are not authorized by this chapter either by specific listing
or by category are prohibited.
(b) Listed. Notwithstanding the provisions of this chapter concerning categories of
allowed uses, the following uses are prohibited in all zones:
Junkyard;
Drive-in restaurant;
Cemetery;
Sex shop;
Sex studio;
Mobile home occupied as a dwelling except in a mobile home park and except as a
temporary structure and approved by the deciding body, and except when placed
on a lot zoned for single-family dwelling, subject to all applicable ordinances and
regulations affecting single-family dwellings;
Mobile home occupied for any purpose other than as a dwelling, except temporarily as an
office in connection with and during construction work;
Heavy industry;
Airport;
Solid waste disposal site;
Sales of distilled spirits at a service station.
The intent of this section is to prohibit uses which might appear to be included in an allowed
category. Omission of a use from this section is not intended as an indication that the omitted use
is allowed in some zones.
11/5/96 2
SECTION IV
A new Section 29.20.197 is added as follows:
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:
(i) The number of locations of retail on -sale and off -sale licenses to sell alcohol
located within a reasonable distance, generally one mile, of the proposed location;
(ii) The proximity of the location to schools, public parks, playgrounds, youth -oriented
facilities, and residential neighborhoods. Generally, beer and wine sales within
500 feet of school, public park, playground, or youth -oriented uses should not be
allowed;
(iii) Hours of operation and of alcohol sales;
(iv) Past history of businesses on the property; and
(v) History of loitering and police activity in the general neighborhood of location.
(b) When reviewing an application to sell beer and wine for consumption off -premises at
a service station, the deciding body shall impose the following conditions and operating
standards:
(i) No beer or wine shall be displayed within five (5) feet of the cash register.
(ii) No advertisement or display of beer or wine shall be made outside the building in
which sales of beer and wine occur.
(iii) No sale of beer or wine shall be made from a drive-in window.
(iv) No beer or wine for sale shall be refrigerated, and no display or sale of beer or
wine shall be made from an ice tub.
(v) No self -illuminated advertising for beer or wine shall be located on buildings or
windows.
11/5/96 3
(vi) Employees on duty between the hours of 10 p.m. and 2 a.m. who may sell beer or
wine shall be at least 21 years of age.
(vii) There shall be no on -premises consumption of beer or wine.
(viii) The sale of beer and wine shall at all times be incidental to the operation of the
building as a service station. Whether the sale of beer or wine is incidental shall be
determined by measurement of the space devoted to sales of beer and wine with
relation to sales of grocery and convenience items, and the volume of sales of beer
and wine with relation to sales of other grocery and convenience items.
(ix) Uniformed security personnel 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.
(x) At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives of the Police Department for ongoing employee training on
alcoholic beverage sales to the general public.
(xi) The operator shall post and maintain a warning regarding driving after
consumption of alcoholic beverages in a visible location near the cash register.
(c) For all purposes of this chapter, sale of beer and wine shall be considered an
intensification of use.
(d) The deciding body shall make written findings on the application based on
substantial evidence in view of the whole record.
(e) If State law imposes more stringent requirements than those imposed pursuant to this
section, then those State requirements shall apply.
SECTION V
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this
ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of
general circulation published and circulated in the Town.
11/5/96 4
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 1996, and adopted by the following vote as an Ordinance of the
Town of Los Gatos at a regular meeting of the Town Council on , 1996.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATY\ALCREST4.PLN
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
5
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
4/7a2411.4e...eVi
RESO/ORD NUMBER:
DATE
LIST IN BOOK
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ON DISC OR SHARE. FORM SENT TO DEPT.
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PUBLISH IF REQUIRED - Date of Publication 9 7/ 1
//' Oi //1
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
ON SIGNATURE TRACKING & SEND TO MAYOR
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AcgLIST
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
/ 1
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PROOF OF MAILING PREPARED
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SIGN BY CLERK/SEAL
P 'd P !T� r
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE !
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA I'I'hM:
SUBJECT:
Number:
Date of Adopt:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
y�$riJ`1SY�
COUNCIL MEMBERS NAMES:
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
I(
lisq9.0
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
1
2
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TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
(by Mail)
I, MarLyn J. Rasmussen, declare:
1. I am over the age of 18 years, not a party to this action, and am employed in the County of Santa Clara
at 110 E. Main Street, Los Gatos, California, 95032.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing of correspondence
for mailing with the United States Postal Service and that correspondence is deposited with the United States Postal Service
that same day in the ordinary course of business.
3. On November 20, 1996 I mailed at Los Gatos, California a true copy of Town Ordinance 2023 relating
to Market Use and Beer and Wine Sales in Conjunction with Service Stations, fully paid, to the following:
Chevron, USA, Attn: Richard Miller, 6001 Bollinger Canyon Rd. BId.L, Room 1092, San Ramon, CA 94583
Unocal, Attn: Tom DeLuca, Project Manager, 76 Broadway Ave., Sacramento, CA 95818
Linda Callon,Berliner Cohen, 10 Almaden Blvd, l lth Floor, San Jose, CA 95113-2233
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
executed on November 20, 1996.
MarL n as ss , CMC
Executive Assistant/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
c:lproof
f
ORDINANCE 2023
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING CODE REGARDING MARKET USE AND BEER AND WINE SALES
IN CONJUNCTION WITH SERVICE STATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
This ordinance would allow limited sales of non -vehicle related items under a conditional
use permit or architecture and site approval, dependent on whether the proposed sales would
constitute an intensification of use under the conditional use permit provisions of the Zoning
Code.
The State of California has mandated that if the Town were to amend its Zoning Code to
allow this type of combined use, then the Town must also establish a process for reviewing
applications to sell beer and wine at service stations under a conditional use permit process. This
ordinance is intended to provide a site -by -site review of any such application in order to protect
the public health, safety, and welfare.
SECTION II
The definition of "Service station" contained in Section 29.10.020 is amended to read as
follows:
Service station means a place where vehicles are serviced, when the services are limited
to (1) the selling of petroleum products, tires, batteries and accessories, servicing automobiles,
trucks and similar vehicles, including minor automotive repair, but excluding auto body, fender,
major engine repair or rebuilding, and outside repairs of any kind, and excluding outside display
of goods, except for petroleum products; and (2) in the square footage defined for such use in its
11/5/96 1
conditional use permit or architecture and site approval, the selling of food, beverages excluding
distilled spirits, and small personal convenience items, primarily for off -premises consumption.
SECTION III
Section 29.10.045 is amended to read as follows:
Sec. 29.10.045. Uses prohibited.
(a) Generally. All uses which are not authorized by this chapter either by specific listing
or by category are prohibited.
(b) Listed Notwithstanding the provisions of this chapter concerning categories of
allowed uses, the following uses are prohibited in all zones:
Junkyard;
Drive-in restaurant;
Cemetery;
Sex shop;
Sex studio;
Mobile home occupied as a dwelling except in a mobile home park and except as a
temporary structure and approved by the deciding body, and except when placed
on a lot zoned for single-family dwelling, subject to all applicable ordinances and
regulations affecting single-family dwellings;
Mobile home occupied for any purpose other than as a dwelling, except temporarily as an
office in connection with and during construction work;
Heavy industry;
Airport;
Solid waste disposal site;
Sales of distilled spirits at a service station.
The intent of this section is to prohibit uses which might appear to be included in an allowed
category. Omission of a use from this section is not intended as an indication that the omitted use
is allowed in some zones.
11/5/96 2
SECTION IV
A new Section 29.20.197 is added as follows:
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:
(i) The number of locations of retail on -sale and off -sale licenses to sell alcohol
located within a reasonable distance, generally one mile, of the proposed location;
(ii) The proximity of the location to schools, public parks, playgrounds, youth -oriented
facilities, and residential neighborhoods. Generally, beer and wine sales within
500 feet of school, public park, playground, or youth -oriented uses should not be
allowed;
(iii) Hours of operation and of alcohol sales;
(iv) Past history of businesses on the property; and
(v) History of loitering and police activity in the general neighborhood of location.
(b) When reviewing an application to sell beer and wine for consumption off -premises at
a service station, the deciding body shall impose the following conditions and operating
standards:
(i) No beer or wine shall be displayed within five (5) feet of the cash register.
(ii) No advertisement or display of beer or wine shall be made outside the building in
which sales of beer and wine occur.
(iii) No sale of beer or wine shall be made from a drive-in window.
(iv) No beer or wine for sale shall be refrigerated, and no display or sale of beer or
wine shall be made from an ice tub.
(v) No self -illuminated advertising for beer or wine shall be located on buildings or
windows.
11/5/96 3
(vi) Employees on duty between the hours of 10 p.m. and 2 a.m. who may sell beer or
wine shall be at least 21 years of age.
(vii) There shall be no on -premises consumption of beer or wine.
(viii) The sale of beer and wine shall at all times be incidental to the operation of the
building as a service station. Whether the sale of beer or wine is incidental shall be
determined by measurement of the space devoted to sales of beer and wine with
relation to sales of grocery and convenience items, and the volume of sales of beer
and wine with relation to sales of other grocery and convenience items.
(ix) Uniformed security personnel 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.
(x) At the discretion of the Chief of Police, periodic meetings will be conducted with
representatives of the Police Department for ongoing employee training on
alcoholic beverage sales to the general public.
(xi) The operator shall post and maintain a warning regarding driving after
consumption of alcoholic beverages in a visible location near the cash register.
(c) For all purposes of this chapter, sale of beer and wine shall be considered an
intensification of use.
(d) The deciding body shall make written findings on the application based on
substantial evidence in view of the whole record.
(e) If State law imposes more stringent requirements than those imposed pursuant to this
section, then those State requirements shall apply.
SECTION V
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this
ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of
general circulation published and circulated in the Town.
11/5/96 4
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on November 4, 1996, and adopted by the following vote as an Ordinance of the
Town of Los Gatos at a regular meeting of the Town Council on November 18, 1996.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
None
None
None
SIGNED: /s/ Joanne Benjamin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\SHARE\ATY1104.18
5
November 18, 1996
Los Gatos, California
HEARING
AUTOMOTIVE SERVICE STATIONS/CONVENIENCE STORE EXPANSION/HEARING (18.46)
SALE OF BEER AND WINE/ADOPTION OF ORDINANCE 2023
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
amending Chapter 29 of the Town Code to: 1) allow interior floor space at a service station to be
used for the sale of non -automotive items, such as groceries and other convenience items. The
allowed floor space would be designated in a conditional use permit or architecture and site approval.
2) allow the sale of beer and wine at a service station as a separate conditional use permit if detailed
findings regarding the public convenience and welfare could be made for the specific site under
consideration and would require a specific set of conditions if such an approval were to be made.
It has been determined that this Town Code Amendment will not have a significant impact on the
environment, and is, therefore, exempt from the requirements of the California Environmental
Quality Act. Zoning Ordinance Amendment A-96-4. Applicant: Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Ordinance 2023 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING CODE
REGARDING MARKET USE AND BEER AND WINE SALES IN CONJUNCTION WITH
SERVICE STATIONS. including the revisions made by Council on November 4, 1996 when the
Ordinance was introduced. Carried by a vote of 4 ayes. Mr. Attaway voted no for reasons noted
in previous record.
JOHNSON AVENUE/STOP SIGNS/SPEED BUMPS/TRAFFIC SAFETY ISSUES (10.39)
Mayor Benjamin noted that residents of Johnson Avenue had submitted a petition requesting speed
bumps and stop signs on Johnson to control the speeding problem.
The following people from the audience spoke to this issue:
Sharon Litvinoff, 212 Johnson Ave., spoke of the neighborhood concern about the speeding and
traffic on Johnson. She submitted a letter for the record, and called for a permanent solution to the
safety issues concerning traffic on her street.
Catherine Petrek, 325 Johnson Ave., would like to see a solution but does not think that the stop
signs will make the problem safer, in fact they may increase the liability by offering a false sense of
security.
Joanna Snyder, 353 Johnson Ave., spoke of speed and the lack of observance of the stop signs.
Carol Mittlesteadt, 234 Johnson Ave., spoke of safety for children and pets on the street.
Pilar Bernal, 315 Johnson Ave., asked Council to make a decision on some form of traffic
TC: D8: MM 111896
7