Item 21 Staff Report Consider Planning Commission Recommendation to Amend 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. This Matter Will Not HaCOUNCIL AGENDA REPORT
DATE: September 29, 1997
TO: MAYOR AND TO 14 OUNCE
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 10/6/97
ITEM NO.
c2
CONSIDER PLANNING COMMISSION RECOMMENDATION TO AMEND 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. THIS MATTER WILL NOT HAVE A SIGNIFICANT IMPACT ON THE
ENVIRONMENT, AND IS, THEREFORE, EXEMPT FROM THE REQUIREMENT OF THE
CALIFORNIA ENVIRONMEN'AL QUALITY ACT, ZONING ORDINANCE
AMENDMENT A-97-0001. APPLICANT: SUE FARWELL
RECOMMENDATION:
1. Open the Public Hearing;
2. Close the Public Hearing;
3. Direct Clerk to read the title;
4. Waive the reading;
5. Make the finding that Zoning Ordinance Amendment A-97-0001 is consistent with the General Plan;
6. Introduce the Ordinance (Attachment 4)
BACKGROUND:
The applicant, Sue Farwell, owns a parcel on West Main Street west of Santa Cruz Avenue, that is zoned C-2 (Central
Business District Commercial). Ms. Farwell has the intention of constructing a mixed use office/residential building on
the property, but the Conceptual Development Advisory Committee has advised her that the C-2 zone prohibits ground
floor office uses at that location and that an ordinance amendment would be required for the project. On July 29, 1997
the applicant submitted a request to amend the Town Code to allow ground floor office uses in the C-2 zone on both the
north and south side of West Main Street west of Victory Lane. This amendment, if approved, will allow the applicant
and other affected property owners the ability to have ground floor office uses on their property as long as adequate
parking exists.
DISCUSSION:
The C-2 zone allows office uses above the first floor with sufficient required parking, but prohibits ground floor office
uses except for specific peripheral areas listed in the Town Code. Since the Town Code prohibition of ground floor office
spaces within the C-2 zone took in effect in 1992, it has achieved its goal of maintaining retail uses along North Santa
Cruz Avenue, Main Street, and University Avenue, but it has also been amended twice to exempt these peripheral areas.
This application represents a third request to modify the area affected by the ground floor office prohibition.
PREPARED BY: T EE. BOWIv1A�
PLANNING DIRECTOR
Reviewed by: Lv Attorney \t Finance
(Continued on Page 2)
Revised: 9/29/97 6:23 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-97-0001
September 29, 1997
If approved by the Town Council the applicant's request would affect only 5 properties. Three on the south side West
Main Street and two on the north side, incbiding the Town Parking lot. The proposed Town Code amendment would not
impact required parking or potential trip generation rates for these properties since office uses above the first floor are
permitted in the C-2 zone with adequate on -site parking. These 5 properties are marginal retail sites given their distance
from North Santa Cruz Avenue, lack of visibility, and the existing pedestrian pattern in the downtown. The applicant's
letter of justification is attached to this report as Exhibit A of Attachment 2.
The Planning Commission reviewed this application on April 10, 1996 and recommended that the Town Code be amended
as follows:
Sec. 29.60.320. Permitted uses.
(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 businesses.
(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 conjunction with the other uses permitted in
this Section.
(b) Example of proper C-2 activities are apparel stores, launderette or dry
cleaning agencies, travel agencies, antique stores, 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)
f.
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 comer 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 forty (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.
:e�sa�ri=tvves
i
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-97-0001
September 30, 1997
(2) Notwithstanding subsection (c)(1), office activities on ground floors described 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 a 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.
CONCLUSION:
The Planning Commission considered this matter on August 27, 1997 and recommended that the matter be forwarded to
the Town Council for adoption.
ENVIRONMENTAL ASSESSMENTS:
It has been determined that this project could not possibly have a significant impact on the environment, therefore, the
project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)).
FISCAL IMPACT: None.
Attachments:
1. Draft Planning Commission minutes of August 27, 1997
2. Report to Planning Commission from Planning Director for the meeting of August 27, 1997 dated August 19,
1997.
3. Revised map depicting C-2 zoned properties on West Main Street, west of Victory I ane where office uses are
allowed.
4. Draft Ordinance.
Distribution:
Sue Farwell, 121 Laurel Avenue, Los Gatos, CA 95030
LEB:EO
N:\DEV\CNCLRPTS\A-97-001
decision.
DRAFT
Los Gatos Planning Commission
Minutes of August 27, 1997
David Pruitt, 5830 Porto Allegro Drive, San Jose, Architect for the project, explained that the win
esign and shapes were at the request of the owners and the original intent had been for a Medit- • Style
e and therefore they had tried to keep as much of that style as possible. Mr. Pruitt stated design
rsonal preference and there was no particular style of architecture and he feels the • compatible
wi. eighborhood. Mr. Pruitt explained that the project has lots of roof and shado . to break any
box - ct.
Commissioner Pac
awkward and there ar
used on the house next
eclectic design.
ated that there are some roof lines that do not appear
of missing pieces. Mr. Pacheco explained the s
d stated that he feels this project is totally
le end returns are
of the materials being
atible with this proposed
Chair Decker stated her concern g the extensive window and the pillar effect which she
believes will have a tremendous vis . -ct when the projec pleted.
James Terrell, 14700 Golf Links
of the proposed house and supports the
ated tha operty has been a garbage dump and he approves
There was no one else from the audience wi • eak to this issue.
Chair Decker closed the Public Hearin
/
Motion by Commissioner M • , seconded by Co r Abkin to deny the appeal because
there is a lower revised hei • • 6.4 ft and to return the ap • •n to Planning Staff to make the
windows and trim more • `and consistent, to add architec ail, to delete or make the pillars
more congruent on th- elevation, to provide a streetscape an +vide complete drawings for
consideration.
Carried unanim ' ommissioners Jensen and Peyton absent.
Moti
Se
ommissioner Abkin, seconded by Commissioner Morgan to conti is matter to
er 24, 1997.
unanimously. Commissioners Jensen and Peyton absent.
ZONING ORDINANCE AMENDMENT A-97-0001. (00.07)
Public Hearing to consider 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. This matter will not have a significant impact on the environment, and is therefore, exempt
from the requirement of the California Environmental Quality Act. APPLICANT: Sue Farwell.
The following people from the audience spoke regarding this matter.
Sue Farwell, 121 Laurel Avenue, applicant, stated that her request for this amendment is consistent with the
amendment in 1994 across the street on Victory Lane and Lyndon Avenue which allowed office use on the
first floor and is also consistent with the 1996 amendment allowing office use on the first floor on Los Gatos -
Saratoga Road. Ms. Farwell explained that this amendment is consistent with both the General Plan and the
Downtown Specific Plan and is supported by the recommendation to define different functional areas in the
20
ATTACHMENT 1
Los Gatos Planning Commission
Minutes of August 27, 1997
downtown and change zoning as needed to encourage land use patterns. Ms. Farwell stated that they are
proposing the amendment to become more consistent with the land use across the street which have offices on
the first floor, and to be compatible with the residential flavor of Main St. west of North Santa Cruz Avenue.
She stated that the pedestrian traffic in this area is limited and would not support retail business and the
amendment is a direct reflection on the traffic patterns in the downtown area. Ms. Farwell explained that
office use on the first floor will be less of an impact to the existing residential neighborhood and the proposed
apartments, because tenants are more likely to work during the day and leave at night when the residences are
occupied and there is also a potential for a live/work option. She stated that the general plan and the
downtown specific plan also encourages rezoning vacant parcels in the downtown to encourage mixed use and
new residential. Ms. Farwell explained that offices are already allowed on the second floor, based on
sufficient parking calculated on a square foot ratio and allowing offices on the first floor would not alter this
calculation and therefore is consistent with the current usage requirements. Ms. Farwell stated that this
amendment would also clear up any discrepancies of the amendment of 1994 by clarifying that the properties
with access off Victory Lane and Lyndon Avenue, with addresses on West Main Street will all be zoned for
offices allowed on the first floor. Ms. Farwell stated that she would like this amendment to be considered as a
"stand alone" request for the parcels on the North and South side of West Main Street, west of Victory Lane as
she does not want to prejudice her project by any unavoidable delays which may result by being considered as
part of a broader scale amendment. Ms. Farwell requests approval of the amendment as written by star, find
that the Ordinance Amendment for office use in the C-2 zone is consistent with the General Plan and
Downtown Specific Plan, and recommend that the Council adopt the ordinance amending the Town Code.
Commissioner Abkin indicated that he was leaning toward a broader amendment and questioned why it would
delay Ms. Farwell's project.
Ms. Farwell explained the process and the delay that would be incurred and stated that she would
experience a minimum of a two month delay. She stated that they will be going to DRC on September
2, 1997.
Mr. Bowman explained that with Option 2 in the Staff report, the matter would have to be readvertised,
there may be concerns from the other neighborhoods, and the hearings may last longer due to the
broader topic.
Ms. Farwell stated that if this is not considered as a "stand alone" amendment, it will affect their design
for the building itself related to office/retail/residences.
Chair Decker stated that she was sympathetic to this particular area being rezoned. However, Ms. Decker has
a concern regarding the parking lot.
Ms. Farwell stated that the parking lot has never been leased to the Town and this issue will be raised
when the building is presented to the Commission. She explained that the lot is a legal, buildable,
parcel of land which is on a short term lease and there are no Ordinances tieing the lot to any of the
buildings downtown.
Commissioner Pacheco questioned how this amendment would impact the parking requirements.
Mr. Bowman explained that office use in the downtown area have a higher parking requirement than
retail and this would be considered at the time of the A & S for the building itself.
• Chair Decker questioned if the applicant was planning to incorporate the Cupola into the building plans.
Michael McKay, 801 Camelia St., Berkeley, Architect, stated that the Cupola was being planned into
the project and he had specifically designed the building to reflect the architecture of the Cupola.
There was no one else in the audience wishing to speak to this matter.
21
Los Gatos Planning Commission
Minutes of August 27, 1997
Chair Decker closed the Public Hearing.
Motion by Commissioner Morgan, seconded by Commissioner Abkin to recommend Zoning
Ordinance Amendment A-97-0001 to the Town Council for adoption with the following findings:
FINDINGS
The Ordinance is consistent with the General Plan and the Downtown Specific Plan because there are already
offices on the second floor, it is consistent with the Plans objectives of having a variety of commercial and retail
activities in the area and the West side of Santa Cruz Avenue does not interfere with the retail activity of the C-2
zone.
COMMISSION COMMENTS
Commissioner Morgan stated that the amendment would only affect five properties and that they are marginal
retail sites given the distance from North Santa Cruz Avenue, lack of visibility and existing pedestrian pattern
in the downtown area. Ms. Morgan feels these are valid points to support the amendment.
Mr. Bowman clarified that this ordinance is not changing the use from retail to office, but is adding
office as a permitted use and retail is still an option.
Carried unanimously. Commissioners Jensen and Peyton absent.
D OTHER BUSINESS.
Chair Dec . ted that there was no continued other business.
NEW OTHER . SS.
Sub Committee ' . (00.09)
Commissioner Pacheco re
standards and they will contin
good. He stated that they woul
Commissioner Abkin
ommissioner Nachison had met to further the Hillside
and compare Los Alto Hillside Plan which they feel is very
g again next month.
an estima`. of arrival to the Commission.
Commissioner P. estimated it would be to th- • . .ssion in a month or so.
Commissio • chison stated that they were trying to reo e the Town standards and encompass
descrip : tements from other design guidelines into our o dards.
C • ecker stated that she would like to have a meeting with the P1. : Staff on October 29, 1997
an equested that the Commission set that date aside.
22
Date: Auaust 19. 1997
For Agenda Of: August 27, 1997
Agenda Item: 7
REPORT TO: The Planning Commission
FROM: Lee E. Bowman, Planning Director
LOCATION: Zoning Ordinance Amendment A-97-0001
Public Hearing to consider 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. This matter will not have a significant
impact on the environment, and is, therefore, exempt from the requirement of the
California Environmental Quality Act.
APPLICANT: Sue Farwell
FINDINGS:
The Planning Commission must make a finding that the amendment is
consistent with the General Plan and the Downtown Specific Plan if their
recommendation is for adoption.
ACTION: Recommendation to Town Council.
ENVIRONMENTAL It has been determined that this project could not possibly have a significant
ASSESSMENT: impact on the environment, therefore, the project is not subject to the California
Environmental Quality Act (Section 15061 (b)(3)).
EXHIBITS: A. Applicant's Letter(2 pages), received August 8, 1997
B. Applicant's Illustrations (2 pages), received August 18, 1997
C. Map Illustrating proposed zoning
D. Draft Ordinance
RECOMMENDATION
SUMMARY: Recommend amendment for office use in the C-2 to Town Council for adoption.
A. BACKGROUND:
On July 16, 1990, the Council adopted Ordinance 1834, an Urgency Interim Zoning Ordinance that temporarily
prohibited new office activities on the ground floor street frontage located in the Central Business District. The
purpose of the ordinance was to temporarily prohibit new office activities since the retail atmosphere in the
Central Business District could be significantly affected as retail and office activities compete for the newly
renovated commercial space. Commercial buildings which were occupied by retail activities prior to the 1989
earthquake were being repaired and once these repairs were completed, the premium ground floor space
could be used for office activities which would seriously impact the vitality of the Central Business District as
a retail center. The ordinance did not affect existing office activities. On June 17, 1991 the Town Council
extended the Urgency Ordinance for another year so that staff could develop a permanent amendment to the
Zoning Ordinance to be consistent with the recommendations contained in the Commercial Specific Plan
Committee's Final Report that was approved by Council on May 20, 1991, and identified as a high priority.
On April 20, 1992, the Town Council adopted Ordinance 1899 to make the temporary ordinance permanent.
On May 2, 1994, the Town Council approved Ordinance 1975 to amend the Town Code to exempt Lyndon
Avenue, Pageant Way, the west side of Victory Lane, the south side of Saratoga Avenue west of Massol
Avenue and east of University Avenue and Wood Road from the requirements of retail on the ground floor.
Subsequently, in 1996 the Council approved Ordinance 2016 which extended this exemption to properties
on the south side of Los Gatos -Saratoga Avenue which are 140 feet west of North Santa Cruz Avenue.
On May 14, 1997 the Conceptual Development Advisory Committee (CDAC) considered a request to
construct a mixed use office/retail/apartment complex on a parcel on the south side of West Main Street
between Victory Lane and Lyndon Avenue. The applicant was advised that the C-2 (Central Business District
Commercial) zoning prohibited ground floor office uses at that location and that a zoning ordinance
ATTACHMENT 2
The Planning Commission - Pays 2
Zoning Ordinance Amendment A-97-0001
August 27, 1997
amendment would be required to permit such a use. On July 29, 1997 the applicant submitted a request to
amend the zoning ordinance to allow ground floor office uses in the C-2 zone on both the north and south side
of West Main Street west of Victory Lane.
B. DISCUSSION:
Originally, the Town's intent of prohibiting ground floor office spaces in the C-2 zone was to ensure a continual
pedestrian circulation pattern for businesses abutting North Santa Cruz Avenue, Main Street, and University
Avenue, the downtown's main pedestrian retail/commercial streets. Residents and business owners were
concerned that office uses were beginning to supplant ground floor retail shops and undermine this pattern,
and lobbied the Town Council for a zoning amendment to address the issue. This prohibition on ground floor
office spaces within the C-2 zone has achieved its goal of maintaining retail uses along North Santa Cruz
Avenue, Main Street, and University Avenue, but since its adoption in 1992, the ordinance has been amended
twice to exempt peripheral areas. This application represents a third request to modify the area affected by
the ground floor office prohibition.
If approved by the Town Council the applicant's request would affect only 5 properties. Three on the south
side West Main Street and two on the north side, including the Town Parking lot. The proposed ordinance
amendment would not impact required parking or potential trip generation rates for these properties since
office uses above the first floor are permitted in the C-2 zone with adequate on -site parking. These 5
properties are marginal retail sites given their distance from North Santa Cruz Avenue, lack of visibility, and
the existing pedestrian pattern in the downtown. The applicant has provided a letter of justification and
illustrations (See Exhibits A & B) for the proposed change.
Although the proposed amendment would not have any physical impacts, staff is concerned that future
amendments for exemptions to the C-2 zone prohibition of ground floor offices for properties beyond the
main North Santa Cruz commercial area will be requested if this application is approved by the Town Council.
With the renovation of Old Town and new retail buildings being constructed on East Main Street, Staff
anticipates that the main retail/commercial pedestrian area will no longer be limited to a linear pattern along
North Santa Cruz Avenue, but instead will expand to Old Town and extend eastward toward the Civic Center.
The continuance of the ground floor office prohibition in these areas is essential since it would help to ensure
that viable retail uses take hold in these areas and that the existing pedestrian circulation pattern along North
Santa Cruz Avenue be expanded. Future zoning ordinance amendments to exempt these areas from the
ground floor office prohibition could undermine these efforts.
Staff is recommending that the Planning Commission make a recommendation to the Council regarding not
only the applicant's request, but also to address the greater issue of whether the permitted uses of C-2 zone
should be amended to only prohibit ground floor office uses abutting the Town's main pedestrian
retail/commercial streets as originally intended (North and South Santa Cruz Avenue, Main Street -from Santa
Cruz Avenue to High School Street, and University Avenue -from Elm Street to Main Street). This will enable
the Town Council to act on the applicant's request or a broader amendment to the C-2 zone without multiple
referrals back and forth from the Planning Commission or Council.
If the Planning Commission feels that only the applicant's request should be acted upon, Staff recommends
that the Commission forward a recommendation to the Council for the following Town Code amendment to
the Town Council:
Sec. 29.60.320. Permitted uses.
(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 businesses.
The Planning Commission - Page 3
Zoning Ordinance Amendment A-97-0001
August 27, 1997
(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 conjunction with the other uses permitted in this
Section.
(b) Example of proper C-2 activities are apparel stores, launderette or dry
cleaning agencies, travel agencies, antique stores, 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 forty (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 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 a 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.
If however, the Planning Commission feels that a broader change in the C-2 zone is required, the Commission
should make a recommendation to the Town Council on the applicant's request and whether the permitted
uses of C-2 zone should be amended to only prohibit ground floor office uses abutting the Town's main
pedestrian retail/commercial streets as originally intended (North and South Santa Cruz Avenue, Main Street -
from Santa Cruz Avenue to High School Street, and University Avenue -from Elm Street to Main Street).
C. RECOMMENDATION:
Consider the proposed ordinance amendment and forward a recommendation to the the Town Council for
one of the following options:
The Planning Commission - Pay,: 4
Zoning Ordinance Amendment A-97-0001
August 27, 1997
1. If the Planning Commission determines that only the applicant's request be acted upon, the
Commission should recommend the following:
a. That the Town Council find that the Ordinance Amendment for office use in the C-2 zone is
consistent with the General Plan and Downtown Specific Plan.
b. That the Council adopt the Draft Ordinance (Exhibit D) amending the Town Code.
2. If the Planning Commission determines that a broader amendment to the C-2 zone is required, the
Commission should:
a. Direct Staff to draft an Ordinance Amendment for the C-2 zone which prohibits ground floor
office uses only for properties which abut main pedestrian retail/commercial streets such as:
North and South Santa Cruz Avenue, Main Street -from Santa Cruz Avenue to High School
Street, and University Avenue -south of Elm Street.
b. Continue this hearing to a date certain.
L fE. Bowman, P anning Director
Prepared by: Erwin Ordonez, Assistant Planner
LEB:EO:cher
cc: Sue Farwell
A:\REPORTS1A-97-001.REV
c50—A:IREPORTSIA-97-001. REV
Sue Farwell
121 Laurel Ave.
Los Gatos, CA, 95030
July 28, 1997
Lee Bowman
Town of Los Gatos
110 E. Main Street
Los Gatos, CA, 95030
Dear Lee:
Fi)
AUG 0 81997
TOWN OF LOS GA Tw
PLANNING DEPARTMENT
This is a request for the amendment of Town Code Section 29.60.320 to extend
the zoning amendment A-92-3A , and A-96-1 to allow offices on the first floor on
the north and south side of Main Street, west of Victory Lane.
On July 16, 1990, the Council adopted an Urgency Interim Zoning Ordinance,
extended the ordinance again on June 17, 1991 and adopted Ordinance 1899
on April 20, 1992. The purpose of this ordinance is to protect the vitality of the
core downtown district for retail business. The C-2 Zone in the downtown district
is bounded on the north by Los Gatos -Saratoga Ave and by Wood Road to the
south, including North Santa Cruz Ave. and University Ave. from Main St. to
Mullen Ave. The Downtown District continues along North Santa Cruz Ave.
north of Los Gatos -Saratoga Ave. as C-1 Zoning, to the east on University as R-
1 D Zoning and east on Main Street as C-1 Zoning.
On April 4, 1994 Bob Bickal applied for and received a zoning amendment for
offices on the first floor of Lyndon Ave. and Pagent Way. This is Ordinance
1975, adopted on May 2, 1994. More recently, The Rugani Family Trust applied
for and received an amendment for the property at 201 and 211 Los Gatos -
Saratoga Rd. in 1996. This is Ordinance 2016, adopted May 20, 1996.
The heart of retail in Los Gatos and the trademark of the Town's downtown
district resides on North Santa Cruz Ave. and University Ave., on the side streets
that connect these two roads, and on Main Street east of Victory Lane. The
renovation and new addition to Old Town will only add to the existing retail
strength of the downtown core district. The addition of Dave Flick's building on
the corner of Main St. and College Ave. also adds to the strength of the east
side of the downtown district.
EXHliJT A
We are concerned about the effect all of these changes may have on retail
commercial uses along the north and south side of Main St., west of Victory
Lane currently zoned C-2 . We are requesting an amendment to the zoning that
is consistent with zoning for the property on Victory Lane and Lyndon Ave.
directly across the street, which allows offices on the first floor. We feel this
requested zoning amendment will aid in the transition from commercial/retail to
the neighboring residential districts, as offices will have Tess of an impact in
terms of noise and traffic on the surrounding neighbors. With the
addition/renovation of Old Town and the new retail space on East Main St.,
pedestrian traffic to the west side of Victory Lane on Main St. will diminish. This
will negatively affect any retail business on the west side of Main St.
Conversely, offices in this area will benefit as they will not compete with retail
traffic.
In addition, a proposal discussed by the Town of Los Gatos Building and
Planning staff, and the Town of Los Gatos Parking Commission calls for the
possibility of a parking structure on Town Lot 13 to increase parking in the
downtown district. An amendment to the Zoning Ordinance will benefit this
proposal by allowing the Town of Los Gatos to build office in addition to retail
fronts on the Main St. side of the building, west of Victory Lane to help screen
the parking structure from the neighbors and other businesses.
Changing this ordinance in no way threatens the vitality of the downtown district.
It does allow property owners on the edges of the retail core more options for
land use that are compatible with the neighbors, both commercial and
residential.
We appreciate your cooperation in the review of this matter. If there is any
further information I might provide, please do not hesitate to contact me.
This letter is written on behalf of Louise B. Farwell and myself, as owners of the
property at 223 West Main St.
Sue Farwell
Primary Retail Pathways
Main Retail District
Primary Retail Pathway
Parcels Affected by
Proposed Zoning Adjustm
N. Santa Cruz Avenue
Shops and Restaurants
Residential District
No Connecting
Retail Streets
0' 100'
500'
1000'
Saratoga Avenue
Parking
Old Town Shops
and Restaurants
E. Main Street Shops
and Restaurants
Park
EXHIBIT B
North
gitgia
(Applicants
Property
0'
100'
Neighborhood Map
Main Retail District Boundary
Parcels Affected by Proposed
Zoning Adjustment
Ground Floor Office
Space Allowed
500'
North
r
OFFICES ALL
IN C
EX
3
ro
st
D
sec
Exe
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Dt
Exem
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Not to Scale
N:\DEV\ERWIN\A-97-001 .DWG
Drwn:
8/13/97 By: T. Duarte
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 businesses.
(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 conjunction with the other
uses permitted in this Section.
(b) Example of proper C-2 activities are apparel stores, launderette
or dry
cleaning agencies, travel agencies, antique stores, 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
EXHIBIT D
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 forty (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.
The north al d •south side of VVe t l Sheet west of
..................................
Victory Lane
(2) Notwithstanding subsection (c)(1), office activities on ground
floors described 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
a 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
, 1997. This 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
N:\DE V\ORDS\A-96-5.ORD
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
DANIEL GALLAGHER (1949-1984)
RANDALL D. REEDY
MICHAEL JAY JONES
REBECCA SUE JONES
MICHAEL 5. BAYS
August 22, 1997
Town of Los Gatos
Planning Commission
110 E. Main Street
Los Gatos, CA 95030
LAW OFFICES
GALLAGHER, REEDY & JONES
19A NORTH SANTA CRUZ AVENUE
LOS GATOS, CALIFORNIA 95O3O-S91G
RE: Request to Amend Town Code Sec. 29.60.320/Sue Farwell
Dear Members of the Planning Commission:
t
AREA CODE 408
TELEPHONE 354-1388
FACSIMILE (408) 354-5349
AUG 2 5 1997
TOWN OF LOS GA
$LA: !N1;1^ DEPART-
I am writing this letter in support of Sue Farwell's application to amend the above
referenced Town Code Section to allow office use on the first floor of buildings located on the
north and south side of Main Street, west of Victory Lane.
My offices are located upstairs at 19A N. Santa Cruz Avenue, above the Great Bear
Coffee Roasting Company, and I have ample opportunity to observe not only the traffic and
pedestrian patterns on Santa Cruz Avenue, but also up and down W. Main Street. As the parking
lot at the back of my building abuts the south end of Victory Lane, I have ample opportunity to
observe many of the same people walking up and down W. Main Street on a daily basis. Many of
these people I recognize as residents of the neighborhoods adjoining W. Main Street and further
up the hill off Pennsylvania Avenue. Generally, visitors and tourists confine their walking and
driving patterns to the loop made up of Santa Cruz Avenue, E. Main Street, University Avenue
and Los Gatos -Saratoga Avenue. This is as it should be.
I feel that the last thing that we should be encouraging is vehicular and pedestrian traffic
into the neighborhoods feeding off W. Main Street and Pennsylvania Avenue. Ms. Farwell's
proposed broadened office use, including first floor office use, will encourage an environment of
quieter and less impacted neighborhoods.
Finally, with the renovation of Old Town and Dave Flick's new construction on E. Main
Street, it appears that the natural evolution of the downtown retail district is heading in the
opposite direction from W. Main Street. This would also appear to be very positive development
for the neighborhoods west of Victory Lane.
Date: August 26. 1997
For Agenda Of: August 27, 1997
Agenda Item: 7
DESK ITEM
REPORT TO: The Planning Commission
FROM: Lee E. Bowman, Planning Director
LOCATION: Zoning Ordinance Amendment A-97-0001
Public Hearing to consider 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. This matter will not have a significant
impact on the environment, and is, therefore, exempt from the requirement of the
California Environmental Quality Act.
APPLICANT: Sue Farwell
EXHIBITS: E. Letter from Randall D. Reedy, received August 25, 1997.
REMARKS:
The attached letter was received after the staff report regarding this matter was prepared for the Commission.
e_
Lee E. Bowman, Planning Director
Prepared by: Erwin Ordonez, Assistant Planner
LEB:EO:cher
N:\DEV\REPORTS\A-97-001.DSK
DANIEL GALLAGHER 11949-198A)
RANDALL D. REEDY
MICHAEL JAY JONES
REBECCA SUE JONES
MICHAEL 5. BAYS
August 22, 1997
Town of Los Gatos
Planning Commission
110 E. Main Street
Los Gatos, CA 95030
LAW OFFICES
GALLAGHER, REEDY 8c JONES
19A NORTH SANTA CRUZ AVENUE
LOS GATOS, CALIFORNIA 95030-5916
RE: Request to Amend Town Code Sec. 29.60.320/Sue Farwell
Dear Members of the Planning Commission:
AREA COOE A08
TELEPHONE 354-1388
FACSIMILE 1408) 354-5349
AUG 2' 1997
TO NOFLGSGA
F'_SE?4R
I am writing this letter in support of Sue Farwell's application to amend the above
referenced Town Code Section to allow office use on the first floor of buildings located on the
north and south side of Main Street, west of Victory Lane.
My offices are located upstairs at 19A N. Santa Cruz Avenue, above the Great Bear
Coffee Roasting Company, and I have ample opportunity to observe not only the traffic and
pedestrian patterns on Santa Cruz Avenue, but also up and down W. Main Street. As the parking _
lot at the back of my building abuts the south end of Victory Lane, I have ample opportunity to
observe many of the same people walking up and down W. Main Street on a daily basis. Many of
these people I recognize as residents of the neighborhoods adjoining W. Main Street and further
up the hill offPennsylvania Avenue. Generally, visitors and tourists confine their walking and
driving patterns to the loop made up of Santa Cruz Avenue, E. Main Street, University Avenue
and Los Gatos -Saratoga Avenue. This is as it should be.
I feel that the last thing that we should be encouraging is vehicular and pedestrian traffic
into the neighborhoods feeding off W. Main Street and Pennsylvania Avenue. Ms. Farwell's
proposed broadened office use, including first floor office use, will encourage an environment of
quieter and less impacted neighborhoods.
Finally, with the renovation of Old Town and Dave Flick's new construction on E. Main
Street, it appears that the natural evolution of the downtown retail district is heading in the
opposite direction from W. Main Street. This would also appear to be very positive development
for the neighborhoods west of Victory Lane.
EXHIBIT E
Thank you for your thoughtful attention to Ms. Farwell's very reasonable and timely
request.
Very truly yours,
RDR/1em
RDR1misc.971farwel.lg
GROUND FLOOR OFFICES
ALLOWED IN 0-2 ZONE
(West of Victory Lane)
SYS67:\01 —TRISH\DWG\ERWIN-2.DWG
Drwn:
9/25/97 By: T. Duarte
3
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 businesses.
(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 conjunction with the other
uses permitted in this Section.
(b) Example of proper C-2 activities are apparel stores, launderette
or dry
cleaning agencies, travel agencies, antique stores, 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
ATTACHMENT
4
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)
f.
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 forty (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.
north and south side of ain Street west of
(2) Notwithstanding subsection (c)(1), office activities on ground
floors described 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
a 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
, 1997. This 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
N:1DEVIORDSIA-96-5.ORD
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
Town Council Minutes October 6, 1997
Los Gatos, California
UNION AVENUE 258/O'SHEA'S PUB & GRILL/RESOLUTION 1997-113 (19.09)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-113
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A
DECISION OF THE PLANNING COMMISSION REVOKING CONDITIONAL USE PERMIT
U-93-14 FOR O'SHEA'S PUB AND GRILL. Carried by a vote of 4 ayes. Mr. Attaway voted
no as recorded in previous record.
PAY AND VALET PARKING DOWNTOWN/PRIVATE & PUBLIC LOTS (20.43)
TOWN PARKING ASSESSMENT DISTRICTS/ORDINANCE 2033
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council adopt Ordinance 2033
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29,
DIVISION 4, "PARKING", TO ALLOW PAY AND VALET PARKING ON PUBLIC AND
PRIVATE LOTS IN TOWN PARKING ASSESSMENT DISTRICTS; AND CHAPTER 29,
DIVISION 7, "ASSIGNMENT OF DUTIES". TO ADD REVIEW OF VALET PARKING LOT
APPLICATIONS TO THE DEVELOPMENT REVIEW COMMITTEE DUTIES. Carried by
a vote of 4 ayes. Mr. Attaway voted no as recorded in previous record.
HEARINGS
GROUND FLOOR OFFICE DOWNTOWN/MAIN STREET/WEST OF VICTORY LANE
ZONING ORDINANCE AMENDMENT A-97-0001/ORDINANCE INTRODUCTION (21.47)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider Planning Commission recommendation to amend 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. This matter will not have a significant impact on the
environment, and is, therefore, exempt from the requirement of the California Environmental
Quality Act, Zoning Ordinance Amendment A-97--0001. Applicant: Sue Farwell.
Jan Hutchins noted a conflict of interest and excused himself from the meeting.
Linda Lubeck noted a possible conflict but did not believe it affected this issue and did not
excuse herself from the meeting.
The following person from the audience spoke to this issue:
Sue Farwell, 121 Laurel Ave., noted that this recommendation only affects 5 properties: 246
& 248 West main and three on Victory Lane. She noted that these spaces do not lend
themselves well to retail space.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried by a
vote of 4 ayes. Mr. Hutchins absent.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance.
Carried by a vote of 4 ayes. Mr. Hutchins absent.
TC: D9: MM100697
4
Town Council Minutes October 6, 1997
Los Gatos, California
HEARINGS CONTINUED
GROUND FLOOR OFFICE DOWNTOWN/MAIN STREET/WEST OF VICTORY LANE/CONT.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance
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, and find
that this amendment is consistent with the General Plan and the Downtown Specific Plan.
Carried by a vote of 4 ayes. Mr. Hutchins absent.
CAPRI DRIVE 14115/RESIDENTIAL ZONE CHANGE/ORDINANCE INTRODUCTION (22.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider request for approval of a zone change from R-D (Duplex Residential) to R-M:5--12
(Multiple Family Residential). No significant environmental impacts have been identified as
a result of this project and a Negative Declaration has been recommended, a) Development
application DEV-97--002, b) Negative Declaration ND-97-006. Property Location: 14115
Capri Drive. Property Owner/Applicant: Frank Doetsch.
The following people from the audience spoke to this issue:
Frank Doetsch, 81 Carlyn Avenue, Campbell, spoke of the practicality of the project.
George Paplos, 4884 Rue Bordeau, San Jose, spoke of uniformity and compatibility of zone
change to a neighborhood. He asked that the zone change be consistent for the neighboring
properties and not partial to a the development.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council make the Negative Declaration
(Exhibit G of Attachment 3 of the staff report) and find that the Zone Change is consistent
with the General Plan, in that this is an area suited to higher density and a type of housing
called for in our General Plan. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TO ZONING MAP
#112 FROM RD TO RM:5-12 FOR THE PROPERTY LOCATED AT 14115 CAPRI DRIVE.
Carried unanimously.
TC:D9:MM100697
5