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Item 13 Staff Report Adopt Ordinance Amending the Conditional Use Permit Table of the Zoning Regulations Requiring 24 Hours Business to obtain Conditional Use PermitsTOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: NOVEMBER 4, 1993 TO: MAYOR AND TOWN COUNCIL FROM: LARRY E. ANDERSON, TOWN ATTORNE SUBJECT: COUNCIL AGENDA DATE: 11/15/93 ITEM NO. / ADOPT ORDINANCE AMENDING THE CONDITIONAL USE PERMIT TABLE OF THE ZONING REGULATIONS REQUIRING 24 HOURS BUSINESS TO OBTAIN CONDITIONAL USE PERMITS RECOMMENDATION: 1. Adopt the attached ordinance which was introduced at the Town Council meeting of November 1, 1993. Further reading was waived by the Council at that time. 2. Instruct the Clerk to publish the ordinance within 15 days after adoption. PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY LEA:yfg 11/4/93 8:27 am DISK014\A:\CNCLRPTS\24HOUR.TCR Attachments: Ordinance Distribution: Kinko's Copies, 575 N. Santa Cruz Avenue, Los Gatos, CA 95030 7-11 Store, 280 E. Main Street, Los Gatos, CA 95032 7-11 Store, 657 N. Santa Cruz Avenue, Los Gatos, CA 95030 7-11 Store 16250 Los Gatos Blvd., Los Gatos, CA 95032 Kathleen Harden, Safeway Store, 474 Kato Road, Fremont, CA 94538 Safeway Store, 470 N. Santa Cruz, Los Gatos, CA 95030 Safeway Store, 1500 Pollard Road, Los Gatos, CA 95030 Safeway Store, 15537 Union Avenue, Los Gatos, CA 95032 Shell Service Station, 255 Saratoga Avenue, Los Gatos, CA 95030 Chevron Service Station, 275 Saratoga Avenue, Los Gatos, CA 95030 Beacon Super Seven Service Station, 200 Saratoga Avenue, Los Gatos, CA 95030 Reviewed by: Manager Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CONDITIONAL USE PERMIT TABLE OF THE ZONING REGULATIONS REQUIRING 24 HOUR BUSINESSES TO OBTAIN CONDITIONAL USE PERMITS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 29.20.185 of the Code of the Town of Los Gatos is amended to read as follows: Sec. 29.20.185. Table of Conditional Uses. TABLE OF CONDITIONAL USES (5) Other (a. to 1. remain the same) m. 24 hour businesses or businesses open between the hours of 2 AM and 6 AM. RC HR R1 RD R-M R-1D RMH 0 C-1 C-2 CH LM CM SM04\ORDS\24H0UR.ORD 1 SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1993, 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 , 1993. 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 SM04\ORDS\24H0UR.ORD 2 ORDINANCE 1961 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CONDITIONAL USE PERMIT TABLE OF THE ZONING REGULATIONS REQUIRING 24 HOUR BUSINESSES TO OBTAIN CONDITIONAL USE PERMITS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 29.20.185 of the Code of the Town of Los Gatos is amended to read as follows: Sec. 29.20.185. Table of Conditional Uses. TABLE OF CONDITIONAL USES (5) Other (a. to 1. remain the same) m. 24 hour businesses or businesses open between the hours of 2 AM and 6 AM. RC ER R1 RD R-M R-1D RMH 0 C-1 C-2 CH LM CM SM04\ORDS\24HOUR.ORD 1 SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 1, 1993, 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 15, 1993. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Patrick O'Laughlin, Mayor Randy Attaway NAYS: Linda Lubeck 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 SM04\ORDS\24HOUR.ORD 2 November 15, 1993 Los Gatos, California SKATEBOARDING/IN-LINE SKATING/ROLLER SKATING (06.46) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept status report on ordinance regulating skateboarding, in -line skating and roller skating. Carried unanimously. FUNDING CRITERIA/NONPROFIT AGENCIES/RESOLUTION 1988-130 (08.19) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council affirm Resolution 1988-130 entitled RESOLUTION ESTABLISHING GUIDELINES FOR FUNDING OF NON -PROFITS. Carried unanimously. 9324 PROJECT/TRAFFIC SIGNAL/NATIONAL & L.G. BLVD/RESOLUTION 1993-165 (09.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR PROJECT 9324 LOS GATOS-ALMADEN ROAD AND NATIONAL AVENUE TRAFFIC SIGNAL INSTALLATION. Carried unanimously. AFFIRMATION OF ORDINANCE 1877 AND ORDINANCE 1880/RESOLUTION 1993-166 (10.43) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING REPEAL OF SECTION 17-7 UNDER ORDINANCE NUMBER 1880 AS IT EXISTED PRIOR TO ADOPTION OF ORDINANCE NUMBER 1877. Carried unanimously. SAN BENITO AVE 615/FLOOR AREA RATION/RESOLUTION 1993-167 (11.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A PLANNING COMMISSION DENIAL OF A REOUEST TO EXCEED THE ALLOWABLE FLOOR AREA RATIO FOR AN EXISTING TWO-STORY RESIDENCE AND TO ADD ADDITIONAL FLOOR AREA TO THE SECOND FLOOR ON PROPERTY IN THE R-01:8,000 ZONE ARCHITECTURE AND SITE APPLICATION S-93-19, which incorporates the findings and decision of the Town Council at its meeting of November 1, 1993. Carried unanimously. BUSINESS IMPROVEMENT DISTRICT/RENEW & REDEFINE/RESOLUTION 1993-168 (12.43) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-168 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO RENEW AND REDEFINE THE BUSINESS IMPROVEMENT AREA KNOWN AS THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENT FOR FISCAL YEAR 1994 AND AMENDING ORDINANCE 1876, OR IN THE ALTERNATIVE TO REPEAL THE BUSINESS IMPROVEMENT DISTRICT CREDIT ON BUSINESS LICENSE TAXES PROVIDED BY TOWN CODE SECTION 14.20.120. Carried unanimously. 24 HOUR BUSINESSES/CONDITIONAL USE PERMITS/ORDINANCE 1961 (13.46) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1961 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CONDITIONAL USE PERMIT TABLE OF THE ZONING REGULATIONS REOUIRING 24 HOUR BUSINESSES TO OBTAIN CONDITIONAL USE PERMITS, which was introduced at the Town Council meeting of November 1, 1993. Carried by a vote of 4 ayes. Mrs. Lubeck voted no for reasons stated in previous record. TC:D5:MM111593 3