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Item 16 Staff Report Adopt Ordinance Amending Town Code Section 29.20.185 Table of Conditional Uses, Section 29.20.190 Findings and Decisions, and Section 29.10.020 DefinitionsMEETING DATE: 11/4/02 ITEM NO. b COUNCIL AGENDA REPORT DATE: October 23, 2002 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEYQk SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE SECTION 29.20.185 TABLE OF CONDITIONAL USES, SECTION 29.20.190 FINDINGS AND DECISIONS, AND SECTION 29.10.020 DEFINITIONS RECOMMENDATION: 1. Adopt ordinance that was introduced at the Council meeting of October 21, 2002. 2. Instruct the Clerk to either: (a) publish the ordinance within 15 days after adoption, or (b) publish a summary no more than 15 days after adoption (if summary published before adoption). DISCUSSION: On October 21, 2002 the Council introduced Attachment 1, which amends Town Code Sections 29.20.185, 29.20.190 and 29.10.020. Attachment: Ordinance Distribution: Greg Stowers, Stowers Associates Architects, Inc. 15495 Los Gatos Blvd., Los Gatos, CA 95032 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp[N:1ATY\Conditional-Use.TCR.wpd] Reviewed by: Cown Manager Q5 Assistant Town Manager Clerk Finance Community Development Rev: 10/23/02 10:27 am Reformatted: 7/19/99 File# 301-05 ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTIONS 29.10.020, 29.20.185, AND 29.20.190. WHEREAS, the Town of Los Gatos has long been recognized as having a unique retail environment with an unusual mix of retail businesses in terms of type, ownership and appearance, that distinguishes it from other retail areas and has contributed to its long time vibrancy and financial success. WHEREAS, an increase in the existing number of formula businesses potentially threatens the Town's unique retail environment in a number of ways, including, but not limited to, the replacement of small, locally owned businesses that often feature unique physical appearances and offer unusual or uncommon products or product lines. This can occur either by the replacement of existing retail businesses with new formula retail businesses, or by retail businesses with the capacity to overwhelm existing businesses. An over concentration of formula retail business can result in a retail environment that is indistinguishable from those located elsewhere in the region, the state and the nation. WHEREAS, the Town's General Plan contains numerous goals, policies and implementing strategies intended to preserve its unique retail environment. For example, the land use designation CBD for the Central Business District (2.4.2) is described as "[encouraging] a mixture of community -oriented commercial goods, services and lodging, that is unique in its acconunodation of small town style merchants and the maintenance of a small town feel and character, " while descriptions of the Mixed Use, Neighborhood and Service Commercial districts emphasizes maintaining and servicing the needs of the small town residential scale and natural environments of adjacent residential neighborhoods. Elsewhere, concerning the historic downtown area, is a goal to maintain mixture of goods and services, identity, environment and commercial viability (L.G.6.2) and apolicyto "[e]ncourage the development and retention Page 1 of 3 of small businesses and locally -owned stores and ships that are consistent with small town character and scale" (L.P.6.2). WHEREAS, Council's intent in adopting this ordinance is to ensure the exercise of greater control over the location of new formula retail businesses in the Town in order to meet the goals, policies and implementing strategies of the Town's General Plan and avoid the transition of the Town's unique retail environment into one that is homogenous with retail areas in other communities. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code section 29.20.020 is amended to read as follows: Formula retail business means a retail business which, along with one 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. Nursery school /Day Care Center means a school for pre -elementary school age children which provides controlled activities and instruction. SECTION II Town Code section 29.20.185 Table of Conditional Uses is amended as follows: Replace existing Conditional Use Permit Table with Conditional Use Permit Table attached hereto as Exhibit A. SECTION III Town Code section 29.20.190 is amended to read as follows: (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; Page 2 of 3 (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. (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 if 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; and (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. SECTION IV This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2002, 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 effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1ATY\Conditional-Use. RES.wpd Page 3 of 3 TOWN OF LOS GATOS OFFICE OF THE TOWN CLERK FAX TRANSMITTAL TO: MELISSA HYDEN, PRODUCTION SUPPORT MUNICIPAL CODE FROM: MARLYN RASMUSSEN, EXECUTIVE ASSISTANT DATE: November 5, 2002 RE: EXHIBIT A (CONDITIONAL USE PERMIT TABLE) TO ORDINANCE 2107 NO. of Pages: EIGHT (8) INCLUDING COVER Faxed To: 850-575-8852 PLEASE USE THE ATTACHED AS EXHIBIT A TO ORDINANCE 2107. If you require additional information, please call me at (408)354-6834. Conditional Use Permit Table I 1 1_ RESIDENTIAL OFFICE COMMERCIAL INDUSTRIAL TABLE OF CONDITIONAL USES RC HR R-1 RD R-M R-1D RMH 0 (l) Commercial C 1 C-2 CH LM CM a. Banks X X X b. Savings and loan office X X X c. Drive -up window for X X any business X d. Supermarket X X X e. Super drugstore X X X f. Department store Shopping center h. Motel i. Hotel Restaurant including those with outdoor X X dining areas or takeout food k. Establishment selling alcoholic beverages for consumption on premises 1. In conjunction with a X restaurant 2. Without food service bar) 1. Establishment selling alcoholic beverages for consumption off - premises (this provision only applies to establishments commencing or expanding off -premises sales after April 23, 1981) m. Convenience market n. Formula retail business o. Formula retail business greater than 6,000 s.f. X 1 Conditional Use Permit Table N Conditional Use Permit Table M Conditional Use Permit Table INDUSTRIAL LM CM X X X I x x x X X x X X X X X COMMERCIAL u x x X X X X X X X X x X U X x x X X X X X U X x X X x RESIDENTIAL OFFICE I o X x X x x x a X X X X x RD x x X x x x HR X X X U rx x X X I ABLE Ur LUND11 IUNAL USES Transmission Facilities / Utilities Public utility service yard, station, transmission lines, storage tank, drainage Antenna facilities operated by a public or private utility for transmitting and receiving cellular telephone and other wireless communications Radio and/or broadcast studios Automotive (Vehicle sales, service and related activities) a. New vehicle sales and rental b. Used vehicle sales only incidental to new vehicle sales and rental c. Vehicle tires and accessories, sales, servicing, recaping d. Vehicle body repair and painting e. Vehicle repair and service (garage) f. Service station g. Parking Tots or storage garages, not accessory to another use h. Car wash i. Truck terminal j. Alternating use of off- street parking spaces cd p 6 E Conditional Use Permit Table tr) Conditional Use Permit Table .C) 0 x Conditional Use Permit Table COMMERCIAL x 0 0 C) x U 0 0 RESIDENTIAL 2 0 x J) 0 0 z 0 0 0 w w 7 C 0 0 0 [-Marlyn Rasmussen - RE: Town of Los Gatos, Ca Acct. #11760 Page 1 From: "Melisa Hyden" <MDH@mail.municode.com> To: "Marlyn Rasmussen" <MRASMUSS@town.Ios-gatos.ca.us> Date: 11/5/02 12:32PM Subject: RE: Town of Los Gatos, Ca Acct. #11760 We have received the files and if you have any questions or need any additional information please do not hesitate to contact me. Thank you. In answer to your question you can fax the exibit to the fax number below. Thank you again. Melissa Hyden- Production Support 1-800-262-2633 ext. 235 Fax #850-575-8852 Ords@municode.com Mdh@mail.municode.com Original Message From: Marlyn Rasmussen [mailto:MRASMUSS@town.los-gatos.ca.us] Sent: Tuesday, November 05, 2002 2:03 PM To: ords@municode.com Subject: Town of Los Gatos Attached is Ordinance 2107. Can I FAX the Exhibit A which is the table that needs to be included! Please send your fax number. I can NOT send it electronically!! thx -* P, 01 ) * TRANSACTION REPORT * * NOV-05-2002 TUE 01:42 PM * * * RECEIVE * * DATE START SENDER RX TIME PAGES TYPE NOTE M# DP * * NOV-05 01:33 PM Commun Advisors 39" 1 RECEIVE OK * ************************************** K******************************************************* c**** ORDINANCE 2107 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTIONS 29.10.020, 29.20.185, AND 29.20.190. WHEREAS, the Town of Los Gatos has long been recognized as having a unique retail environment with an unusual mix of retail businesses in terms of type, ownership and appearance, that distinguishes it from other retail areas and has contributed to its long time vibrancy and financial success. WHEREAS, an increase in the existing number of formula businesses potentially threatens the Town's unique retail environment in a number of ways, including, but not limited to, the replacement of small, locally owned businesses that often feature unique physical appearances and offer unusual or uncommon products or product lines. This can occur either by the replacement of existing retail businesses with new formula retail businesses, or by retail businesses with the capacity to overwhelm existing businesses. An over concentration of formula retail business can result in a retail environment that is indistinguishable from those located elsewhere in the region, the state and the nation. WHEREAS, the Town's General Plan contains numerous goals, policies and implementing strategies intended to preserve its unique retail environment. For example, the land use designation CBD for the Central Business District (2.4.2) is described as "[encouraging] a mixture of community -oriented commercial goods, services and lodging, that is unique in its accommodation of small town style merchants and the maintenance of a small town feel and character, " while descriptions of the Mixed Use, Neighborhood and Service Commercial districts emphasizes maintaining and servicing the needs of the small town residential scale and natural environments of adjacent residential neighborhoods. Elsewhere, concerning the historic downtown area, is a goal to maintain mixture of goods and services, identity, environment and commercial viability (L.G.6.2) and a policy to "[e]ncourage the development and retention Page 1 of 3 f of small businesses and locally -owned stores and ships that are consistent with small town character and scale" (L.P.6.2). WHEREAS, Council's intent in adopting this ordinance is to ensure the exercise of greater control over the location of new formula retail businesses in the Town in order to meet the goals, policies and implementing strategies of the Town's General Plan and avoid the transition of the Town's unique retail environment into one that is homogenous with retail areas in other communities. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code section 29.20.020 is amended to read as follows: Formula retail business means a retail business which, along with one 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. Nursery school /Day Care Center means a school for pre -elementary school age children which provides controlled activities and instruction. SECTION II Town Code section 29.20.185 Table of Conditional Uses is amended as follows: Replace existing Conditional Use Permit Table with Conditional Use Permit Table attached hereto as Exhibit A. SECTION III Town Code section 29.20.190 is amended to read as follows: (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; Page 2 of 3 (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. (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 if 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; and (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. SECTION IV This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 21, 2002, 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 November 4, 2002 This ordinance becomes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Joe Pirzynski, Mayor Randy Attaway. NAYS: Steve Glickman. 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 Page 3 of 3 Conditional Use Permit Table 1 INDUSTRIAL U 1 1 LM x Y X (1) Commercial a. Banks b. Savings and loan office c. Drive -up window for any business d. Supermarket e. Super drugstore f. Department store g. Shopping center h. Motel Hotel j. Restaurant including those with outdoor dining areas or takeout food k. Establishment selling alcoholic beverages for consumption on premises 1. In conjunction with a restaurant 2. Without food service (bar) Conditional Use Permit Table U X x x X x X X X x x X x x OFFICE J COMMERCIAL l CH x x X x X X X X x X �j x X X X X X X X X X X x 3 X x x X X x X X x 0 X X X X X X X X RESIDENTIAL RC HR R-1 RD R-M R-ID X X X X X x X X x X X X X X X X a. Public schools or X X X X X college not otherwise specified X X X X X X X X X X x X X X X X X X x X X X X X X X x X X X X TABLE OF CONDITIONAL USES (2) Recreation a. Commercial recreation and amusement establishment b. Theater c. Outdoor entertainment d. Swimming pool for non -incidental use Private sports recreation club f. Golf course Community Services I Public building; police, fire, community center, library, art gallery, museum Club, lodge, hall, fraternal organization Church, monastery, convent, and other institutions for religious observance Mortuary, columbarium, mausoleum Public transportation and parking facilities Park, plaza, playground Nonprofit youth groups tJ ,.O U -d ai (.: pf) d' Conditional Use Permit Table M Conditional Use Permit Table N u) 2 x x x x x x x x x x x x x x RESIDENTIAL OFFICE I COMMERCIAL 1 x U x x x x x x x x x x x x x x x x x x x x o x x x x x o x x x x RMH Q x x x x x 9 x x x x x x x x x x x U IX x x x TABLE OF CONDITIONAL USES Transmission Facilities / Utilities Public utility service yard, station, transmission lines, storage tank, drainage Antenna facilities operated by a public or private utility for transmitting and receiving cellular telephone and other wireless communications Radio and/or broadcast studios Automotive (Vehicle sales, service and related activities) New vehicle sales and rental Used vehicle sales only incidental to new vehicle sales and rental Vehicle tires and accessories, sales, servicing, recaping Vehicle body repair and painting Vehicle repair and service (garage) Service station Parking lots or storage garages, not accessory to another use Car wash Truck terminal Alternating use of off- street parking spaces Conditional Use Permit Table U x x I X X X c 2 x x x x x x x x X x x x X x X x x x x x x x U U X x x x x X x x X x O U x x x x x x x w U w w 0 O x x x x x X x x Q x x x x f RESIDENTIAL 1 .. X x x x X X x x X x x X X x x X X x x 0 x x x x x x TABLE OF CONDITIONAL USES Automotive (Vehicle sales, service and related activities) (Continued) k. Recreational vehicle and equipment storage yard 1. Temporary auto storage for automobile dealers (8) Residential Uses a. One -family dwelling b. Two-family dwelling c. Multiple -family dwelling a• Boardmgnouse Apartment hotel Mobile home park Residential condominium Caretaker residence Secondary dwelling unit (Note: See Section 29.10.315) Conversion of a mobile home park to condominium ownershi Live/work units icunure and Animal Services Botanical nursery Dairying Veterinary hospital (without kennel) Kennel 1 i U 4: b1) t ... .x aS .6 6 -6 i Conditional Use Permit Table \.0 Conditional Use Permit Table COMMERCIAL x U U X U 1 0 0 RESIDENTIAL x 0 x 0 Q z 0 U 0 m F- C 0 U 0 co y N L N O -0 ^ .v 0 a) 0 N N -SD CJ • N CD Cl ..0 . N F d 0 O U 1 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 21 ')`) 23 24 25 26 27 28 TOWN OF LOS GATOS OFFICE OF THE TOWN CLERK PROOF OF SERVICE 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, 95030. 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 5, 2002 I mailed at Los Gatos, California a true copy of Town Council Ordinance 2107 relating to Amending The Zoning Ordinance (Conditional Use Permit Table) to the following: Greg Stowers, Stowers Associates Architects, Inc. 15495 Los Gatos Blvd., Los Gatos, CA 95032 4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on November 5, 2002. /s/ MarLyn J. Rasmuss MarLyn J. ' m lrse ,CMC Executive Assistant/Senior Deputy Clerk Town of Los Gatos 110 East Main Strect Los Gatos, CA 95032 cc: DIRECTOR OF COMMUNITY DEVELOPMENT/REDEVELOPMENT c:\proof Town Council Minutes November 4, 2002 Redevelopment Agency Los Gatos, California PEDESTRIAN SAFETY PROGRAM GRANT/SPEED RADAR BOARD PROJECT (14.41) CALIFORNIA DEPT OF TRANSPORTATION/BLOSSOM HILL/RESOLUTION 2002-172 Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-172 entitled, RESOLUTION OF TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENT AGREEMENTS, FUND TRANSFER AGREEMENTS, ANY AMENDMENTS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION CONCERNING THE PEDESTRIAN SAFETY PROGRAM GRANT FOR THE BLOSSOM HILL ROAD SIDEWALK AND SPEED RADAR BOARD PROJECT. Carried unanimously. ALBERT COURT 113/SECOND STORY/APPEAL DENIAL/RESOLUTION 2002-173 (15.15) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-173 entitled, RESOLUTION OF TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF A SECOND STORY ADDITION ON PROPERTY ZONED R-1:8. (MINOR RESIDENTIAL DEVELOPMENT APPLICATION: MR-02-3.) Carried unanimously. TABLE OF CONDITIONAL USES, SEC.29.20.185/FINDINGS & DECISIONS, SEC.29.20.190 (16.38) DEFINITIONS, SEC. 29.10.020/ZONE CODE AMENDMENTS/ORDINANCE 2107 Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Proposed Ordinance 2107 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTIONS 29.10.020, 29.20.185, AND 29.20.190. Carried by a vote of 4 ayes. Mr. Glickman voted no for reasons noted in prior record. PROJECT 0108/SANTA CRUZ AVE/STREETSCAPE & SIDEWALK PROJECTS (17.24) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council/Agency approve Contract Change Order #1 in the amount of $126,289.00 with no change in total budget and also approve Contract Change Order #2 in the amount of $86,033.00 with no change in total budget. Carried unanimously. PROJECT 0108/SANTA CRUZ AVE/STREETSCAPE & SIDEWALK/RESO 2002-174 (18.24) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council/Agency adopt Resolution 2002- 174 entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS ACCEPTING WORK OF CB CONSTRUCTION FOR PROJECT 0108 - NORTH SANTA CRUZ AVENUE STREETSCAPE PROJECT - PHASE I - (SIDEWALK PROJECT) AND AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE TOWN CLERK/SECRETARY. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Wedgewood Neighborhood Concerns: Carla Dougher spoke in appreciation of the Los Gatos Home Tour that was held this past weekend. She also addressed the utility poles in her neighborhood and thanked staff for working with the company concerning the issues involved in removing the poles. She expressed her hope that staff would continue to work with the utility company to remove the remaining poles. Police Department Policies: William Stewart spoke about his son being stopped and searched by the police department again. He took offence with the process used. Los Gatos Community Concert: June Sythe, President of the Los Gatos Community Concert thanked the Town for helping to secure grant for continuation of the program. She noted that the Concert was established in the 50s and is one of the last to still be functioning along with Santa Rosa and Modesto. She asked for continued support and interest in this community cultural event. TC: D 13: MM 1 10402 3