Item 15 Staff Report Adopt Ordinance Amending Section 29.60.320 (4) of the Town Code to Permit Ground Floor Office Uses on Portions of Victory Lane and W. Main Street Where They Are Presently not Allowed. Matter Will Not Have a Significant Impact on the EDATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 10/20/97
ITEM NO.
COUNCIL AGENDA REPORT
October 10, 1997
MAYOR AND TOWN COUNCIL
ORRY P. KORB, ESQ. TOWN ATTORNEY
ADOPT ORDINANCE AMENDING SECTION 29.60.320(4) OF THE TOWN CODE TO
PERMIT GROUND FLOOR OFFICE USES ON PORTIONS OF VICTORY LANE AND W.
MAIN STREET WHERE THEY ARE PRESENTLY NOT ALLOWED. MATTER WILL NOT
HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, AND IS, THEREFORE,
EXCEPT FROM THE REQUIREMENT OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. ZONING ORDINANCE AMENDMENT: A-97-0001. APPLICANT: SUE
FARWELL.
RECOMMENDATION:
Adopt ordinance that was introduced at the Council meeting of October 6, 1997.
DISCUSSION:
On October 6, 1997, the Council introduced Attachment 1, which amends Chapter 29 of the Town Code, section
29.60.320(4) permitting ground floor office use on portions of Victory Lane and W. Main Street. Currently there are
no offices allowed in that area.
Attachments: 1. Ordinance
Distribution: Sue Farwell, 121 Laurel Avenue, Los Gatos, CA 95030
OPK:LMB/wp
N:1ATY\FARWELL.TCR
PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY
Reviewed by: 1U Manager Finance
Revised: 10/10/97 3:41 pm
Reformatted: 10/23/95 File# 301-05
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING
ORDINANCE OF THE TOWN CODE TO PERMIT GROUND FLOOR
OFFICE USES ON PORTIONS OF MAIN STREET WHERE THEY
ARE PRESENTLY NOT ALLOWED
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Section 29.60.320 is amended to read as follows:
(a) Activities permitted in the C-2 or Central District Commercial Zone are those
involving the conduct of commerce and general business and the sale of commodities necessary for
the needs of residents and visitors of the Town, such as:
(1) Retailing.
(2) Personal service business.
(3) Service businesses necessary for the conduct of households or businesses.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site,
to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunctions wit the other uses
permitted in this Section.
(b) Example of proper C-2 activities are apparel stores, launderette or dry cleaning
1
agencies, travel agencies, antique sores, telephone answering services, artist studios, sales offices
for merchandise stored elsewhere, craft studios, auto parts sales and paint shops. Examples of
activities which are not proper in the C-2 zone are vehicle sales or service, manufacturing,
warehousing, laundry or dry-cleaning plants.
(c) Office activities in the C-2 zone are subject to the following:
(1)
Office activities shall not be located on the ground floor along any street,
alleyway, or public parking lot except:
a. Lyndon Avenue;
b. Pageant Way;
c. Properties abutting Wood Road;
d. The west side of Victory Lane;
e. The south side of Los Gatos -Saratoga Road excluding;
i. That portion of the property located at the southwest corner of Los
Gatos -Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight
line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred
forth (140) feet west of that extended line.
ii. The south side of Los Gatos -Saratoga Road between Santa Cruz
Avenue and University Avenue; and
£ The east side of South Santa Cruz Avenue directly across the street
from Wood Road.
g.
The north and south side of West Main Street west of Victory Lane.
(2) Notwithstanding subsection (c)(1), office activities on ground floors described
2
below shall be considered conforming and shall be allowed to continue so long as the office use is
not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued
for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt
period of discontinuance.
a. Office activities existing on June 17, 1991; or
b. Office activities in a building under construction on July 16, 1990, if the
applicable architecture and site approval specifically stated that the building was approved for office
activities.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 1997 and adopted by the following vote as an ordinance of the town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
ordinance takes 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
3
, 1997. This
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATY\FARWELLORD
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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, 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 October 22, 1997 I mailed at Los Gatos, California a true copy of Ordinance 2035 relating to Office Uses
on Portions of Main Street, Los Gatos, fully paid to the following:
Sue Farwell, 121 Laurel Avenue, Los Gatos, CA 95030
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed
on October 22, 19 •
Ma J. ' : sm ssen CMC
Executive Assistant/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
c:\proof
ORDINANCE 2035
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING
ORDINANCE OF THE TOWN CODE TO PERMIT GROUND FLOOR
OFFICE USES ON PORTIONS OF MAIN STREET WHERE THEY
ARE PRESENTLY NOT ALLOWED
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Section 29.60.320 is amended to read as follows:
(a) Activities permitted in the C-2 or Central District Commercial Zone are those
involving the conduct of commerce and general business and the sale of commodities necessary for
the needs of residents and visitors of the Town, such as:
(1) Retailing.
(2) Personal service business.
(3) Service businesses necessary for the conduct of households or businesses.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site,
to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunctions wit the other uses
permitted in this Section.
(b) Example of proper C-2 activities are apparel stores, launderette or dry cleaning
1
agencies, travel agencies, antique sores, telephone answering services, artist studios, sales offices for
merchandise stored elsewhere, craft studios, auto parts sales and paint shops. Examples of activities
which are not proper in the C-2 zone are vehicle sales or service, manufacturing, warehousing,
laundry or dry-cleaning plants.
(c) Office activities in the C-2 zone are subject to the following:
(1) Office activities shall not be located on the ground floor along any street,
alleyway, or public parking lot except:
a. Lyndon Avenue;
b. Pageant Way;
c. Properties abutting Wood Road;
d. The west side of Victory Lane;
e. The south side of Los Gatos -Saratoga Road excluding;
i. That portion of the property located at the southwest corner of Los
Gatos -Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight
line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred
forth (140) feet west of that extended line.
ii. The south side of Los Gatos -Saratoga Road between Santa Cruz
Avenue and University Avenue; and
f. The east side of South Santa Cruz Avenue directly across the street
from Wood Road.
g.
The north and south side of West Main Street west of Victory Lane.
(2) Notwithstanding subsection (c)(1), office activities on ground floors described
2
below shall be considered conforming and shall be allowed to continue so long as the office use is not
discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for
such a period, then the office use shall not be resumed, and token use shall not toll or interrupt period
of discontinuance.
a. Office activities existing on June 17, 1991; or
b. Office activities in a building under construction on July 16, 1990, if the
applicable architecture and site approval specifically stated that the building was approved for office
activities.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on October 6, 1997 and adopted by the following vote as an ordinance of the town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on October 20, 1997.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin.
NAYS:
ABSENT:
AB STAIN:
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
3
Town Council Minutes October 20, 1997
Los Gatos, California
634 N. SANTA CRUZ DEMOLITION/OFFICE BUILDINGS/RESOLUTION 1997-118 (14.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-118
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A
DECISION OF THE PLANNING COMMISSION DENYING AN APPLICATION TO
DEMOLISH A PRE-1941 RESIDENCE, AND DENYING APPEAL OF DECISION OF THE
PLANNING COMMISSION DENYING AN ARCHITECTURAL AND SITE APPLICATION,
AND REMANDING TO THE PLANNING COMMISSION FOR FURTHER
CONSIDERATION THAT ARCHITECTURAL AND SITE APPLICATION TO CONSTRUCT
A NEW RETAIL AND OFFICE BUILDING ON PROPERTY ZONED C-1. PROJECT
APPLICATION PRI-97-040, which confirms the Council action of October 6, 1997. Carried
unanimously. (This item was reconsidered at the end of the meeting.)
GROUND FLOOR OFFICE USE/VICTORY LANE & MAIN STREET/ORDINANCE 2035 (15.46)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2035 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING ORDINANCE OF
THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON PORTIONS OF
MAIN STREET WHERE THEY ARE PRESENTLY NOT ALLOWED, which was introduced
at the Council meeting of October 6, 1997." Carried unanimously.
CAPRI DRIVE 14115/RESIDENTIAL ZONE CHANGE/ORDINANCE 2036 (16.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2036 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP #112
FROM RD TO RM:5-12 FOR THE PROPERTY LOCATED AT 14115 CAPRI DRIVE, which
was introduced at the Council meeting of October 6, 1997. Carried unanimously.
HEARINGS
UNIVERSITY AVENUE 742/LUMBERYARD DEMOLITION/APPEAL (17.09)
RESEARCH AND DEVELOPMENT/OFFICE BUILDING
ORDINANCE INTRODUCTION/RESOLUTION 1997-118
Mayor Benjamin announced that this was the time and place so noted for Council to consider
Planning Commission recommendation to approve a Planned Development to change the
Zoning Designation from LM to LM-PD to allow the demolition of an existing LumberYard
and construction of a 61,000 square foot Research and Development/Office Building; A)
Development Application DEV-97-003; B) Negative Declaration ND-97-0008. No significant
environmental impacts have been identified as a result of this project and a Negative
Declaration is recommended. Property Owner: Donald & Margaret Fitzgerald.
The following people addressed Council concerning this issue:
Birk McCandless, McCandless Companies, 3945 Freedom Circle, #640, Santa Clara, explained
the project and his flexibility between the acceptance of either design that has been presented
and the willingness to remove the cupola if requested.
Nicole Perpessy, 23415 Sky View Terrace, asked questions about the project.
Steve Sund, Project Manager, 3945 Freedom Circle, #640, Santa Clara, addressed the
architectural aspects of the project.
No one else from the audience addressed this issue.
TC: D9: MM 102097
3