Item 23 Staff Report Consider Introducing Ordinance Amending the Town Code to Require Any Business that Remains Open for 24 Hours a Day or that is Open Between the Hours of 2 am and 6 am to Have an Approved Conditional Use Permit, Zoning Ordinance AmendmeCOUNCIL AGENDA
DATE: 10/04/93
ITEM NO. .5
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 23, 1993
TO: MAYOR AND TOW COUN L
FROM: TOWN MANAGER
SUBJECT: CONSIDER INTRODUCING ORDINANCE AMENDING THE TOWN CODE TO REQUIRE
ANY BUSINESS THAT REMAINS OPEN FOR 24 HOURS A DAY OR THAT IS OPEN
BETWEEN THE HOURS OF 2 AM AND 6 AM TO HAVE AN APPROVED CONDITIONAL
USE PERMIT, ZONING ORDINANCE AMENDMENT A-93-10. APPLICANT: TOWN OF
LOS GATOS
RECOMMENDATION:
1. Open and hold the public hearing;
2. Close the public hearing;
3. Find that the ordinance amendment is consistent with the General Plan;
4. Move to waive the reading;
5. Request that the Clerk read the title;
6. Move to introduce the Draft Ordinance (Attachment 1);
7. Adopt the resolution establishing standards for review of applications for 24 hour operation
(Attachment 2);
8. Consider whether to reduce fees for existing businesses.
BACKGROUND:
On September 8, 1993 the Planning Commission heard this matter and recommended to the Town Council
that the Town Code be amended to require a Conditional Use Permit for businesses operating for 24 hours
a day. Additionally, the Planning Commission recommended waiving the application fees for existing
business operating 24 hours and requiring conditional use permits.
DISCUSSION:
It has come to the Town's attention that an increasing number of businesses are becoming 24 hour
operations. Given that many of the Town's commercial districts are adjacent to residential zones, there
appears to be a need to regulate the operation of 24 hour businesses to minimize such impacts as noise
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
LEB: KH:mb
mb8\cnclrpts\A-93-10
ATTACHMENTS: See Page 3 for Attachments)
DISTRIBUTION: (See Page 3 for Distribution List)
(Continued Page 2)
9/23/93 3:13 pm
File N
Reviewed by: ./(76 Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Zoning Ordinance Amendment A-93-10/24 Hour Businesses
September 23, 1993
and glare in residential areas. This observation has been reinforced by the number of complaints received
regarding a business recently opened on Santa Cruz Avenue. Therefore, staff is recommending that 24 hour
businesses be required to obtain Conditional Use Permits so that conditions may be imposed to ensure
neighborhood compatibility.
Many uses that operate 24 hours already require conditional use permits. Uses such as service stations,
convenience stores and supermarkets require conditional use permits currently because they are high traffic
generators. However, not all land uses require conditional use permits and therefore if 24 hour operations
are to be regulated, the conditional use permit table in the Town Code must be modified.
The businesses currently operating 24 hours are as follows:
1. Kinko's Copies - 575 N. Santa Cruz Avenue
2. Safeway Store - 470 N. Santa Cruz Avenue
3. Safeway Store - 1500 Pollard Road
4. Safeway Store - 15537 Union Avenue*
5. 7-11 Store - 280 E. Main Street*
6. 7-11 Store - 657 N. Santa Cruz Avenue*
7. 7-11 Store - 16250 Los Gatos Blvd.*
8. Shell Service Station - 255 Saratoga Avenue*
9. Chevron Service Station - 275 Saratoga Avenue*
10. Beacon Super Seven Service Station - 200 Saratoga Avenue
The businesses listed above with an * currently operate under a conditional use permit that allows them to
operate 24 hours. If the Town Code is amended, these businesses will not be required to modify their
existing use permits nor obtain a new conditional use permit.
It is recommended Section 29.20.185(5)m be added to the Conditional Use Permit Table of the Zoning
Regulations of the Town Code as follows:
Sec. 29.20.185. Table of conditional uses.
An "X" indicates an activity is allowed in a zone if a conditional use permit is issued. Activities listed
in this table are only allowed where a conditional use permit is issued, or where the activity is
specifically listed in the permitted uses for the zone.
TABLE OF CONDITIONAL
USES
(5) Other
m. 24 hour businesses or
businesses open between
the hours of 2 AM and 6 AM.
RC HP R1 RD P-M R-10 RMH 0 C-1 C-1 C-2 CH
LM CI4
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: Zoning Ordinance Amendment A-93-10/24 Hour Businesses
September 23, 1993
Any business currently operating 24 hours or any business operating between the hours of 2 AM and 6 AM
that does not have a conditional use permit authorizing them to do so, will become nonconforming. These
establishments will have 60 days from the date this ordinance becomes effective to file an application for
a Conditional Use Permit pursuant to Section 29.10.195(5) of the Town Code addressing the duration of
nonconforming uses. Section 29.10.195(5) states:
Commencing in 1982, where a zoning amendment is adopted which causes a use to be
nonconforming solely by subjecting it to the requirement of obtaining a conditional use permit, all
uses affected by the amendment must apply for a use permit within sixty (60) days after the
amendment becomes effective. Failure to make such application shall render the subject use
immediately unlawful.
In making its decision on an application for a conditional use permit made hereunder, the Planning
Commission shall, as one (1) of the conditions of the permit, establish an amortization period, based
on a reasonable accommodation between the public gains to be derived from a speedy removal
of the nonconforming use and the private loss which removal of the use would entail.
In addition to the findings for approving conditional use permits, standards for reviewing 24 hour businesses
need to be established. Attachment 2 is a Draft Resolution with proposed standards.
Waiving of Fees
The Planning Commission recommended that the Town Council waive the application fees for existing
businesses currently operating 24 hours without a conditional use permit. The current fee schedule does
not provide for waiving of application fees. The application fees are based on cost recovery for processing
the application including staff time, publication costs and public noticing costs. Staff recommends against
waiving fees since there is no budget to cover the cost of processing the applications.
However, a reduction in the application fee may be warranted since staff time typically needed to review
plans will not be necessary in this case. Staff would recommend that the fee used for modifying applications
be used since the staff time spent on these applications would be in line with the time spent on modifications
to existing approvals. Staff recommends that if the Council wants to consider a fee reduction that it only
apply during the time frame in which existing 24 hour business have to file a use permit application. The
time frame is 60 days after the date the amendment becomes effective.
If the Council wants to consider this alternative, the fee reduction must be a separate motion.
FISCAL IMPACT: None.
ATTACHMENTS: 1. Draft Ordinance
2. Draft Resolution
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 Stores, 474 Kato Road, Fremont 94538
Safeway Store, 470 N. Santa Cruz Avenue, 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
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\24HOUR.ORD 1
a
ATTACH MES T
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:
Al 1EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SM04\ORDS\24HOUR.ORD 2
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING STANDARDS FOR REVIEW OF
24 HOUR BUSINESS OPERATIONS
WHEREAS, The Town has experienced an increase in 24 hour business operations
over the last few years;
WHEREAS, Twenty-four hour businesses can have an adverse impact on adjoining
neighborhoods concerning noise, glare and traffic;
WHEREAS, It is the Town's responsibility to protect the health, safety and welfare
of its residents;
RESOLVED: The Town Council adopts the following standards to be used for review
of any Conditional Use Permit for a 24 hour business.
1. Noise emitted from 24 hour businesses adjacent to residential zones shall not
exceed those noise standards established for the residential zone.
2. Window coverings shall be employed for windows facing residential properties
to minimize light and glare during late night and early morning hours.
3. Deliveries shall not be allowed between the hours of 9 PM and 7AM.
4. No restaurants shall be permitted to operate 24 hours adjacent to residential
zones.
s. Business operations shall be oriented toward the commercial frontage.
PASSED AND ADOPTED at a meeting of the Town Council held on the
day of , 1993, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MBO8\RE50\24hr.5td
_! J
a
October 4, 1993
Los Gatos, California
HEARINGS CONTINUED
SECONDARY DWELLING UNITS CONT.
The following people addressed this issue:
Robert Boschert, 16310 Shannon Road, asked Council to consider his request.
No one else addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close the public hearing.
Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council find the proposed amendment
to the Town Code is consistent with the General Plan. Carried unanimously.
The Town Clerk read the title of the draft ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading of the draft
ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.310
OF THE TOWN CODE REGULATING SECONDARY DWELLING UNITS ANNEXED INTO
TOWN. Carried unanimously.
24 HOUR BUSINESS/USE PERMIT/TOWN CODE AMENDMENT (23.46)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
introducing ordinance amending the Town Code to require any business that remains open for
24 hours a day or that is open between the hours of 2 a.m. and 6 a.m. to have an approved
conditional use permit. Zoning Ordinance Amendment A-93-10. Applicant: Town of Los Gatos.
The following people from the audience spoke to this issue:
Thomas Parrish, 1200 High Ridge Lane, Santa Barbara, representing Kinko's, was not in favor
of this ordinance and felt his company had expressed themselves openly to the Planning
Commission at the time of their application.
Dan Roggers, 575 N. Santa Cruz Ave., Manager of Kinko's, expressed the company's cooperation
during the planning process and would prefer that the ordinance not be passed.
Shirley Henderson, 264 Los Gatos Blvd., is not in favor of the additional fee required to process
the conditional use permit for the 24 hour application.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to close the public hearing. Carried by
a vote of 4 yes. Mayor Benjamin voted no because she felt that it was appropriate to leave the
hearing open until such time as some of the issues be worked out.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council reopen this public hearing.
Carried by a vote of 4 ayes. Mrs. Lubeck voted no.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council continue this issue to November
1, 1993. Carried by a vote of 4 ayes. Mrs. Lubeck voted no.
TC:D5:MM100493
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