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: October 30, 1996
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 11/4/96
ITEM NO.
lg
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
RECOMMENDATION:
1. Accept Planning Commission recommendation for approval of Zoning Ordinance Amendment A-96-4;
2. Open and hold the public hearing;
3. Continue the hearing to December 2, 1996 to allow proper 1/8 page notification in the newspaper;
4. Direct Clerk to read title;
5. Waive reading;
6. Introduce Ordinance (Attachment 1).
BACKGROUND:
On April 24, 1996 and June 26, 1996, the Commission considered the application of Chevron to expand its retail sales
area at the service station at 275 Los Gatos -Saratoga Road into one of the service bays. The Commission denied the
application, noting that the current Zoning Code prohibits convenience markets in conjunction with service stations.
(Continued on Page 2)
PREPARED BY: LEE E. BOWMANJ -�-
PLANNING DIRECTOR
Reviewed by: 7 _AttorneyFinance
Revised: 10/30/96 3:15 pm
Reformatted: 10/23/95
r.
. PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Zoning Ordinance Amendment A-96-4
October 30, 1996
Chevron appealed the decision to the Town Council, which considered the appeal in a public hearing on August 5, 1996.
Council directed staff to prepare a draft ordinance that would allow convenience market and service station uses on the
same property as a conditional use, with appropriate safeguards concerning the sale of alcohol. Council asked Chevron
for assistance in developing the proposals. Attachment 1 is the result of the combined research efforts from staff and
Chevron. On October 9, 1996, the Planning Commission recommended Council adoption of the Ordinance Amendment
with an addition of prohibiting refrigeration of beer and wine (Attachment 2).
DISCUSSION:
The major points of the Ordinance are summarized as follows:
1. Redefines "service station" to allow limited sales of non -automotive items at a service station under a
conditional use permit or architecture and site approval, dependent on whether the sales proposed would be
an intensification of use as defined by the conditional use permit provisions in the Zoning Ordinance (Section
29.20.200).
2. Allows sale of beer and wine at a market in conjunction with a service station, subject to a separate conditional
use permit and conditions listed in Exhibit B, Section IV (proposed Code Section 29.20.197(b)).
3. Prohibits sale of hard alcohol at service stations.
If the Town decides to amend the Zoning Code to no longer prohibit the combination of convenience markets and
service stations, the Town loses its "grandfather" status under California Business & Professions Code § 23790.5. The
section allows the Town to only regulate the sales of alcohol at such combination stores by using a conditional use
permit process. However, no blanket prohibition on sales of beer and wine would be permitted. Such a permit process
imposes a requirement that each application be reviewed on a site -by -site basis.
Staff contacted the Cities of Oakland, Santa Clara, and San Luis Obispo, and their standards for sale of non -automotive
items at service stations were taken into consideration for drafting the Los Gatos Ordinance. Santa Clara was sued last
spring after the City Council refused to allow beer and wine sales at a BP Station because the Council found that the
area had sufficient vendors of off -sale liquor. The Santa Clara Superior Court upheld the Council's decision, but the
Court indicated that it was uncertain whether the City was prohibiting such sales as a matter of policy or on a case -by -
case basis as required by State law.
CONCLUSION:
If adopted by Town Council, the proposed Ordinance will apply to all existing and proposed service stations in Town
(Attachment 3). If the Ordinance is adopted and service station operators decide to sell beer or wine in the future, an
application for use permit modification would be required. If an application includes increasing the existing floor area
devoted to selling non -automotive items in a service station, staff will have to determine if such an increase is an
intensification of use as determined in Town Code Section 29.20.200. If it is an intensification, use permit modification
will be required. If the application is not an intensification of use, an architecture and site application will be required.
This item must be continued before the Council can take a fmal action. The matter was advertised in the Los Gatos
Weekly Times in a timely manner, however staff did not place the required notice in the form of an 1/8 page display ad
as required by State Law. Continuance of the hearing to December 2, 1996 will allow staff to place the required 1/8
page notification in the newspaper.
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.
. PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: Zoning Ordinance Amendment A-96-4
October 30, 1996
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. Draft Ordinance of the Town of Los Gatos Amending the Zoning Code regarding market use and beer and wine sales
2. Minutes of the October 9, 1996 Planning Commission meeting
3. Staff Report to Planning Commission, dated October 3, 1996
4. List of current service stations and vicinity maps showing service station locations (three pages)
Distribution:
Richard Miller, Chevron
Unocal, Attn: Tom De Luca, Project Manager, 76 Broadway Avenue, Sacramento, CA 95818
LEB:KS:sm
N:IDEVICNCLRPTSW-96-4.TC 1
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING CODE REGARDING MARKET USE AND BEER AND WINE SALES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Service station operators have represented to the Town that because of the evolving
nature of vehicle service and gasoline sales, they are unable to continue to operate unless they are
provided the opportunity to apply for approval to sell limited non -vehicle related items at the
service stations. The Town Code has prohibited this combination of uses in the past except as an
incidental use within existing office or cashier areas.
This ordinance would allow limited sales 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.
However, 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,
10/24/96 1
ATTACHMENT 1
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
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 alcoholic bcvcragcs distilled spirits at a service station;.
Convcnicncc markct in conjunction with a service station.
10/24/96 2
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.
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 or the front
door unlcss it is insidc a coelcr that is permanently affixed to a Floor or wall.
(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.
10/24/96 3
(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.
(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.
10/24/96 4
n
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.
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\ALCREST3.PLN
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
5
PLANNING COMMISSION MINUTES - PAGE 12
October 9, 1996
ABSENT: Comm. Pacheco
Passed unanimously 5-0.
BREAK 9:35 p.m. to 9:45 p.m.
Attorney Anderson clarif ed that Items 7 and 8 were separate items and Item 8 was
referred backfrom the Council so that the Planning Commission could comment on
the ar� tural aspects of Item 8.
ITEM 7. Zoning Ordinance Amendment A-96-4
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.
APPLICANT: Town of Los Gatos
Linda Callon, Berliner Cohen, representing Chevron on zoning issues, reviewed the
background of the application and stated that she was appearing to request the
zoning amendment that deletes the absolute prohibition of a service station in
conjunction with a convenience market. She suggested that the definition of service
station be broadened so that it does speak to small, for consumption offsite, personal
items, food, retail, etc.
Comm. Decker said that she was opposed to the mini marts to keep the gas stations
thriving, but she felt it was a fait accompli. She expressed concern about the
stations selling Christmas trees in the winter and other seasonal items and no way
to stop it. She said she was in favor of limiting the use of the bays. She said that the
landscaping is dotted with more convenience stores, and she was seeking to limit
the square footage in the ordinance.
Responding to Comm. Decker's remarks, Ms. Callon explained that the ordinance
states that the amount of square footage will be determined by the CUP that is
already required for a service station, or in this case when the service station already
has the CUP and is part of the architectural and site. Each application to add any
kind of extra retail space will have a limit as to square footage.
Comm. Decker suggested that it be included in ordinance language so that it is a
maximum of 300 square feet.
2
PLANNING COMMISSION MINUTES - PAGE 13
October 9, 1996
Ms. Callon said Chevron would have to respond to it directly from a service point
of view, but from their point of view with ordinances, they prefer not to be so
restricted. She requested that it not be done, but dealt with on a case -by -case basis.
Attorney Anderson explained that some ordinances in the state do have a maximum.
He said the ordinance was drafted because it was anticipated there might be
convenience markets that would add service station use which is the trend around
the country. He explained that under the Alcohol and Beverage Commission they
have a series of different licenses; they can issue a beer and wine license which
means the state and local agency will enforce that only beer and wine is sold there;
there can be a general license also. An onsite permit would allow some offsale
transport which means onsale is the majority of their sale for drinks on premises; but
people are allowed to take unopened beer and wine out. This provision is only for
offsale license which means that people can only purchase liquor that is sealed and
would have to take it off the property to consume it.
Ms. Callon pointed out that there is a three year moratorium on the original licenses
for the offsale of wine and beer if the town itself or county or combination has an
undo concentration of licenses for that purpose in the town.
Comm. Peyton questioned if the ordinance was adopted, and the town loses its
grandfather position to outright ban the sale, and then have to address each
application on a case -by -case basis, has any consideration or any estimate been
given as to how much more work this will be?
Attorney Anderson said that is why staff provided a list of the 12 service stations in
time, to indicate what the present scope of possible applicants might be. He said he
did not feel that all the service stations would be interested in expending their
convenience market areas. He said that an expansion would be prepared in the same
way that Chevron is applying tonight for architectural and site approval.
Discussion continued regarding the sale of beer and wine in the service stations.
Comm. Morgan said that before she cast her vote she wanted to clarify that if in
November BP applied for beer and wine sales at a gas station, the Planning
Commission would still have absolute discretion to deny the application.
Attorney Anderson said that the Planning Commission would have the same
discretion as under the normal use permit process.
Chair Jensen clarified that it would go from an existing absolute prohibition to a
discretionary decision on each application guided by what is in the ordinance.
Discussion ensued regarding intensification of use wherein staff answered questions.
Tom DeLuca, Unocal, 76 Broadway, Sacramento, explained that Unocal had filed
a preliminary application for Unocal facility on Los Gatos Boulevard and the project
has been on hold while the Planning Commission and Council is discussing the
zoning amendment issue. He said that not every application will involve simply the
remodel of existing bays; in Unocal's case it will be the construction of a new
building on that site, which is a small food mart. Insofar as Comm. Decker's
PLANNING COMMISSION MINUTES - PAGE 14
October 9, 1996
MOTION
question regarding the retail floor area, he said the definition "what is a convenience
store" has been developed in conjunction with the applicants and staff is limited to
400 sq. ft. so that if one of these 12 stations came into either remodel or construct
a new building, the definition of what is a convenience store is, or what the retail
floor area is, cannot exceed 400 sq. ft. He said in the proposal submitted, it would
not exceed 400 sq. ft. of retail floor area and would not be proposing to sell beer
and wine at that site. He said he hoped he explained the retail floor area correctly.
Richard Miller, Chevron Products, P. 0. Box 5004, San Ramon, addressed the issue
of square footage. He said the proposed ordinance is a well crafted ordinance that
puts a service station on equal footing with similar businesses and what is
overlooked is that it is necessary for businesses to compete. He addressed the
concern about selling seasonal items at service stations. He explained that Chevron
and other companies have lease requirements that specifically prohibit incidental
sales outside a very narrow range of things that can be sold. He said the Planning
Commission has the ability to regulate those things in the conditional use process.
You can regulate what is sold, where it is sold; you can prohibit incidental sales
outside if you want to. He said he felt the square foot limitation is anti -competitive
and possibly could open up to a lawsuit because you don't put all like businesses on
an equal footing. He recommended the Planning Commission not limit the square
footage specifically in this application, but do so by the conditional use process.
Chair Jensen closed the public hearing.
Attorney Anderson explained that the conditional use permit table already requires
conditional use permit for any service station and requires the conditional use permit
for any convenience market as well as any large market. He said there was concern
in drafting the ordinance that beer and wine would be added to the table as a subset
of the service station and as pointed out in the last report, there is confusion, because
one of the zones does not allow service stations but allows convenience markets or
vice versa.
In response to Comm. Abkin's question about restricting the sale of refrigerated beer
or wine, Attorney Anderson said two ordinance in the state addressed that particular
issue, San Luis Obispo, primarily because of Cal Poly, and the city of Oakland.
Chair Jensen questioned if the Planning Commission recommended adoption of the
ordinance, could they include that as a condition that could be opposed should it
ever consider it appropriate to allow beer and wine sales?
Attorney Anderson explained that the ordinance is drafted to spell out conditions
that if the Commission came to a point where they were going to approve a service
station, conditions could be as rigorous as possible. A paragraph could be included
that would not necessarily require that condition to be imposed but something to be
considered as a condition.
Comm. Abkin moved that the Commission recommend the proposed amendment
to the zoning ordinance to the Town Council for adoption; it is consistent with the
General Plan; it offers other kinds of commercial opportunities for the town and
conveniences for neighborhoods to find grocery items; with the addition of a
condition under Section 29 20197, saying there would be no storage of beer or wine
PLANNING COMMISSION MINUTES - PAGE 15
October 9, 1996
in refrigeration units; seconded by Comm. Decker.
The motion passed unanimously.
AYES: Comms. Abkin, Decker, Morgan, Nachison and Peyton
NOES: None
ABSTENTIONS: None
ABSENT: Comm. Pacheco
Motion passed 5-0
Chair Jensen thanked Mr. Anderson and Ms. Callon for their hard work on the
difficult issue and thanked Mr. Miller for his patience in the process.
ITEM 8. 275 Los Gatos - Saratoga Road
Project Application PRJ-96-5
MOTION
Appeal of Planning commission denying a minor Architectural and Site application
for the exterior remodel of an existing automobile service station and expansion of
existing snack shop into a service bay on property in the C-2 zone. This matter was
referred by the Town Council to the Planning Commission for further consideration
on this date.
PROPERTY OWNER: Chevron, USA
APPELLANT: Richard D. Miller/Chevron USA
Attorney Anderson clarified that the application was before the Commission, but not
for final action; it will return to the Council. The Council decided to keep the
application before them as jurisdiction so that if they were to adopt the ordinance
suggested and recommended by the Commission, they could take final action in a
timely manner instead of referring it back to the Commission.
Council is requesting Planning Commission comments on the architecture and site
aspects assuming the ordinance will be adopted.
Mr. Miller stated that they were not proposing any major architectural change to the
building; they are essentially seeking more sale area. The existing bay door will be
closed, leaving the entrance to the building as is. Referring to the drawings, he
explained the proposed changes and answered questions.
Attorney Anderson explained that given the parking layout and the size of the
existing building, the size of the retail area replacing other sales area, would
probably not constitute an intensification. Chevron does have an existing conditional
use permit for this operation as presently configured.
Comm. Morgan moved to recommend to the Town Council that they grant an appeal
of the Planning Commission decision and approve the architectural and site
application; and include the condition set forth on Page 2, Section II, which sets
forth the exact floor area; motion seconded by Comm. Abkin; motion passed
unanimously.
Date: October 3, 1996
For Agenda Of: October 9, 1996
Agenda Item: 7
REPORT TO: The Planning Commission
FROM: Lee E. Bowman, Planning Director
SUBJECT: Zoning Ordinance Amendment A-96-4
EXHIBITS:
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 on 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.
APPLICANT: Town of Los Gatos
A. State Business & Professions Code Sections defining beer and wine
B. Draft Ordinance of the Town of Los Gatos Amending the Zoning Code
regarding market use and beer and wine sales
C. List of current service stations and vicinity maps showing service station
locations (three pages)
RECOMMENDATION
SUMMARY: Find consistency between the proposed Ordinance and the Los Gatos General
Plan and recommend that Council adopt the Ordinance.
A. BACKGROUND:
On April 24, 1996 and June 26, 1996, the Commission considered the application of Chevron to expand its
retail sales area at the service station at 275 Los Gatos -Saratoga Road into one of the service bays. The
Commission denied the application, noting that the current Zoning Code prohibits convenience markets in
conjunction with service stations.
Chevron appealed the decision to the Town Council, which considered the appeal in a public hearing on
August 5, 1996. The Council directed staff to prepare a draft ordinance for consideration that would allow
convenience market and service station uses on the same property as a conditional use, with appropriate
safeguards concerning the sale of alcohol. The Council requested Chevron to provide assistance in the
proposals. The Ordinance attached as Exhibit B is the result of staff and Chevron researching the issue and
drafting a proposal.
B. DISCUSSION:
The major points of the Ordinance are summarized as follows:
1. Redefines "service station" to allow limited sales of non -automotive items at a service station under a
conditional use permit or architecture and site approval, dependent on whether the proposed sales
would be an intensification of use as defined by the conditional use permit provisions in the Zoning
Ordinance (Section 29.20.200).
2. Allows sale of beer and wine at a market in conjunction with a service station, subject to a separate
conditional use permit and conditions listed in Exhibit B, Section IV (proposed Code Section
29.20.197(b)).
3. Prohibits sale of hard alcohol at service stations.
ATTACHMENT 3
The Planning Commission - I'aye 2
Zoning Ordinance Amendment A-96-4
October 9, 1996
For the Commission's information, the State definitions of beer and wine are contained in Exhibit A.
If the Town decides to amend the Zoning Code to no longer prohibit the combination of convenience markets
and service stations, the Town loses its "grandfather" status under California Business & Professions Code
§ 23790.5. The section allows the Town to only regulate the sales of alcohol at such combination stores by
using a conditional use permit process. However, no blanket prohibition on sales of beer and wine would be
permitted. Such a permit process imposes a requirement that each application be reviewed on a site -by -site
basis.
Staff contacted the Cities of Oakland, Santa Clara, and San Luis Obispo, and their standards for sale of non -
automotive items at service stations were taken into consideration for drafting the Los Gatos Ordinance.
Santa Clara was sued last spring after the City Council refused to allow beer and wine sales at a BP Station
because the Council found that the area had sufficient vendors of off -sale liquor. The Santa Clara Superior
Court upheld the Council's decision, but the Court indicated that it was uncertain whether the City was
prohibiting such sales as a matter of policy or on a case -by -case basis as required by State law.
If adopted by Town Council, the proposed Ordinance will apply to all existing and proposed service stations
in Town. If the Ordinance is adopted and service station operators decide to sell beer or wine in the future,
an application for use permit modification would be required. If an application includes increasing the existing
floor area devoted to selling non -automotive items in a service station, staff will have to determine if such an
increase is an intensification of use as determined in Town Code Section 29.20.200. If it is an intensification,
use permit modification will be required. If the application is not an intensification of use, an architecture and
site application will be required.
Since Chevron made the request for this Zoning Ordinance Amendment, they have agreed to pay for the
public noticing costs, for both this Planning Commission hearing and the subsequent Town Council hearing.
C. RECOMMENDATION:
The Planning Commission should find that the proposed Ordinance is consistent with the General Plan and
recommend that the Town Council adopt the Ordinance.
Lee E. Bowman, Planning Director
Prepared by: Kristine Syskowski, Planner
LEB:KS: sm
cc: Richard Miller, Chevron USA
N:1DEV\RE PORTS\A-96-4. PC
•
•
CURRENT SERVICE STATIONS
(showing listed brand name)
700 Blossom Hill Road (Chevron)
14000 Blossom Hill Road (Shell)
441 Leigh Avenue (E:aon)
15171 Los Gatos Boulevard (BP)
15299 Los Gatos Boulevard (Rotten Robbie)
15380 Los Gatos Boulevard (Union 76)
16500 Los Gatos Boulevard (Exxon)
200 Los Gatos -Saratoga Road (Beacon)
255 Los Gatos -Saratoga Road (Shell)
275 Los Gatos -Saratoga Road (Chevron)
300 Los Gatos -Saratoga Road (Union 76)
666 N. Santa Cruz Avenue (BP)
Meoaowbrook Dr.
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November 4, 1996
Los Gatos, California
HEARINGS CONTINUED
PARKING IN -LIEU FEES/BUILDINGS NORTH OF LOS GATOS SARATOGA ROAD/CONT.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried by
a vote of 4 ayes. Mr. O'Laughlin abstained for reasons noted in previous record.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to continue this item to November 18, 1996
for the following reasons: To add a pre -amble to the ordinance allowing for mitigation of
insignificant parking spaces by use of an in -lieu parking fee allowing businesses to make certain
improvements to their property; Two components to this fee are 1) A component for
maintenance of the parking spaces, 2) A component to reimburse the Town for prior cost of
building the parking spaces, and these funds to go specifically for capital improvement (such as
additional lighting) in this parking lot. To be noted that historically the other parking lots in the
downtown have been paid for by the property owners and the park and ride lot was not.
Carried by a vote of 4 ayes. Mr. O'Laughlin abstained.
Mr. Anderson, Town Attorney, noted that the item would be returned to Council under Other
Business to introduce the ordinance with the preamble.
AUTOMOTIVE SERVICE STATIONS/CONVENIENCE STORE EXPANSION (18.46)
SALE OF BEER AND WINE/ORDINANCE INTRODUCTION
Mayor Attaway 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.
Mr. Blanton requested that this item be renoticed for the November 18, 1996 meeting.
The following person from the audience spoke to this issue:
Linda Callhan, 10 Almaden Boulevard, San Jose, representing Chevron, noted that there had
been sufficient notice regarding this item in the paper and there is no legal requirement for a
display ad. She pointed out to Council that the Planning Commission had voted 6/0 in favor
of the code amendments.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
TC: D8: MM110496
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November 4, 1996
Los Gatos, California
HEARINGS CONTINUED
AUTOMOTIVE SERVICE STATIONS/CONVENIENCE STORE EXPANSION/CONT.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck: that the first paragraph in the draft
ordinance be dropped; that the next paragraph would add the words "non -vehicle related" to
the following, "...would allow limited non -vehicle related sales under a conditional use permit...";
and that the word "However," would be removed from the third paragraph. Carried by a vote
of 4 ayes. Mr. Attaway voted no for reasons stated in previous record.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING CODE
REGARDING MARKET USE AND BEER AND WINE SALES, with corrections as noted above
and with the stipulation of republication for the meeting of November 18, 1996. Carried by a
vote of 3 Ayes. Mr. Attaway voted no for reasons noted in previous record. Mr. Blanton voted
no due to publication noticing concerns.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item to November 18,
1996. Carried unanimously.
LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/APPEAL (19.09)
CHEVRON STATION/ALCOHOL SALES
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
Planning Commission recommendation to grant appeal of a Planning Commission decision
denying a minor Architecture and Site Application for the exterior remodel of an existing
automobile service station and expansion of existing snack shop into a service bay on property
in the C-2 Zone. This matter was referred by the Town Council to the Planning Commission
for further consideration. Property location: 275 Los Gatos -Saratoga Road. Appellant: Richard
D. Miller/Chevron, U.S.A. Property Owner: Chevron, U.S.A.
The following person from the audience spoke to this issue:
Richard Miller, 6001 Bollinger Canyon Road, San Ramon, representing Chevron U.S.A., asked
for Council approval of the proposal.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to continue this item to November 18,
1996; and pending the adoption of Zoning Ordinance Amendment A-96-4 allowing this type of
expansion, the item will appear with "Other Business" on the Agenda to be acted upon by
Council. Carried unanimously.
TC:D8:MM110496
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