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Item 17 Staff Report Adopt Ordinance Amending Town Code Chapter 29, Division 4, to Allow Pay and Valet Parking on Public and Private Lots in Town Parking Assessmnt Districts and Chapter 29, Division 7, Assignment of Duties to Add Review of Valet Parking LTOWN OF LOS GATOS JOINT TOWN COUNCIL/PARKING COMMISSION STUDY SESSION AGENDA 110 EAST MAIN STREET COUNCIL CHAMBERS (DOWNSTAIRS) SEPTEMBER 8,1997 -- 6:00-7:30 P.M. Joanne Benjamin, Mayor Linda Lubeck, Vice Mayor Randy Attaway, Council Member Steven Blanton, Council Member Jan Hutchins, Council Member 1. Ordinance amending Town Code Chapter 29, Division 4. Parking to allow pay and valet parking on public and private lots in Town Parking Assessments Districts and Chapter 29, Division 7, Assignment of duties to add review of valet parking lot applications to the Development Review Committee duties. Zoning Ordinance Amendment A-96-5. Applicant: Town of Los Gatos 2. Downtown Parking Issues In Compliance with the Americans with Disabilities Act, If You Need Special Assistance to Participate in this Meeting, Please Contact Patsy Madrid, (408) 354-6832. Notification 48 Hours Before the Meeting Will Enable the Town to Make Reasonable Arrangements to Ensure Accessibility to this Meeting. [28 CFR §35.102-35.104] ADJOURNMENT MGR117\A:1TCAGENDAI9-8SS. WPD MEETING DATE: 8/18/97 ITEM NO. COUNCIL. AGENDA REPORT 1 7 DATE: July 22, 1997 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, ESQ. TOWN ATTORNEY0e/ SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE CHAPTER 29, DIVISION 4, 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. RECOMMENDATION: Adopt ordinance that was introduced at the Council meeting of June 6, 1996. DISCUSSION: On June 2, 1997, the Council introduced Attachment 1, which amends Town Code chapter 29, Division 4, to allow pay and valet parking on public and private lots in town parking assessment districts and Chapter 29, Division 7, assignment of dudes to add review of valet parking lot applications to the development review committee duties. Attachments: 1. Ordinance OPK:LMB/wp N:\ATYTARKING.ORD DistributioLL PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY Reviewed by: Manager Finance Revised: 7/22/97 2:09 pm Reformatted: 10/23/95 File# 301-05 ORDINANCE 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 THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I This Ordinance is intended to allow for pay and valet parking lots within a Town Parking Assessement District, if the Town has instituted a charge for Town owned or operated parking lots in the district. SECTION II Section 29.10.145(g) is amended to read as follows: (g) Commercial operation of parking spaces. (1) All privately owned off-street parking spaces required to be provided by this division, or required by the administrative approval authorized by this chapter, shall be operated without charge to the users thereof. No privately owned parking lot which contains such spaces shall be operated commercially or under a validation system whereby parkers patronizing business for which the spaces are provided are admitted to the lot free of charge or at reduced charges and other parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by gates or other physical means during periods when the use or uses for which the spaces are required are in operation. The provisions of this section shall not be deemed to prohibit the posting of signs at entrances to such parking lots identifying the businesses or uses for whose benefits the lots are operated, prohibiting other parking under threat, and enforcing such prohibitions. Page 1 ATTACHMENT 1 (2) Notwithstanding subsection (1) above, a parking lot located within a Town parking assessment district may be operated with a charge for its use under the following circumstances if the Town has instituted a charge for use of Town owned or operated parking lots in the district: (A) A charge is made for use of the private parking lot that does not exceed the highest hourly rate charged by the Town for use of its lots. Such a charge may include a validation system whereby parkers are admitted to the lot free of charge or at reduced charges if certain businesses are patronized and may also include restriction by gates or other physical means; or (B) Use of valet parking, so long as the parking lot is usable at all times during which the parking spaces are in operation as required by this chapter, and the use of the valet parking has been approved by the Development Review Committee pursuant to a parking lot permit; or (C) A combination of a charge and valet system. SECTION III Section 29.20.745(4) is amended to read as follows: (4) Review and make recommendations on parking lot permits under section 29.10.155(1) including reconfigurations or trade-off of zoning requirements under other sections of this chapter, and under section 29.10.I45(g)(2) on use of valet parking for parking lots within a Town parking assessment district. SECTION IV This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 7, 1997 and adopted by the following vote as an ordinance of the Town /// Page 2 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: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:ATYVAAKIN G 1.0RD Page 3 July 7, 1997 Los Gatos, California LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/FISCAL YEAR 1997-80 KENNEDY MEADOWS BENEFIT ZONE/RESOLUTION 1997-80 (14.14) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1997-80 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1997-1998 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - BLACKWELL DRIVE BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS AND RECIND RESOLUTION 1997-64. Carried unanimously. WINCHESTER BOULEVARD 14800/COMPRESSED NATURAL GAS FUELING FACILITY RESOLUTION 1997-81 (15.09) Motion by Mr. Hutchins, seconded by Mr. Attaway, that Council adopt Resolution 1997-81 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST FOR ARCHITECTURE AND SITE APPROVAL AND A CONDITIONAL USE PERMIT FOR A COMPRESSED NATURAL GAS .FUELING FACILITY ON PROPERTY IN THE OFFICE ZONE; NEGATIVE DECLARATION ND-97-3; PROJECT APPLICATION PRJ- 97-044. Carried by a vote of 4 ayes. Mrs. Lubeck voted no as reflected in previous record. VERBAL COMMUNICATIONS Blossom Hill Gateway Al Jones, 14761 Blossom Hill Road, requested a moratorium for one year on any building projects being considered on the 14734 Blossom Hill Road site. He referenced 1,200 signatures on a petition registering concern about development in this area. He asked that the General Plan Task Force be allowed to finish its work before decisions are made regarding this location. He spoke of investigating agricultural uses and viable economic uses that would be compatible. Mayor Benjamin asked for a report from staff return to Council regarding the possible action and options concerning this property, and that the report be forwarded to Mr. Jones. Bob Aldrich Portrait Mayor Benjamin noted the Art in the Chambers and also the portrait by Bruni of Bob Aldrich, columnist for the Los Gatos Weekly Times. Bob's portrait will hang in the Council Chambers this month as a commemorative to his recent passing. HEARINGS PAY AND VALET PARKING/PUBLIC & PRIVATE LOTS ZONING AMENDMENT A-96-5/ORDINANCE INTRODUCTION/HEARING (16.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider amending Town Code Chapter 29, Division 4. Parking to allow pay and valet parking on public TC:D9:MM070797 5 July 7, 1997 Los Gatos, California and private lots. It has been determined that this Town Code Amendment will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the California Environmental Quality Act, Zoning Ordinance Amendment A-96-5. Applicant Town of Los Gatos. TC:D9:MM070797 6 i 1 July 7, 1997 Los Gatos, California HEARINGS CONTINUED PAY AND VALET PARKING/PUBLIC & PRIVATE LOTS CONT. The following person from the audience spoke to this issue: Rex Morton, 51 University, Suite I, spoke of the need to have valet parking to alleviate the problem of Old Town's renovation. This would allow for some flexibility during a time that downtown parking will suffer large impacts. He felt that the ordinance would be a first step in solving some of the parking issues. The parking strategies will be publicized in the paper and neighborhood meetings will be held. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, to accept Planning Commission recommendation for approval of Zoning Ordinance Amendment A-96-5, and find that the Ordinance is consistent with the General Plan and the Downtown Specific Plan. Council Comments: Mr. Blanton does not agree that individually owned parking lots will make a windfall profit on valet paid parking. He feels that private owners have a right to recover profit on their property. The cost and value of the parking spaces will regulate themselves through the private market place rather than having staff waste time artificially determining the value of downtown parking spaces. If the Ordinance passes tonight the Parking Commission can work on the various options with the residents and business community and the recommendations and modifications can return to the Planning Commission for review. Mr. Hutchins agrees with the Ordinance. He feels that it gives the Parking Commission something to work with as they make plans and suggestions to bring forward to the Planning Commission. A possibility is for the Town to charge during the time of Old Town construction setting limitations and restrictions on privately owned lots. Mrs. Lubeck thinks that the plan can function at least temporarily to help alleviate the problems associated with the rehabilitation of Old Town and that ongoing hearings and discussions can be held regarding extension of the plan. She supported residents in the area who were requesting relief from Old Town impacts. Mr. Attaway feels that the town lots should use valet parking at the same time private lots do, but he does not want that to happen at this time. His contention is that the Town should be in the forefront of any downtown parking policies. Mrs. Benjamin believes that any parking changes in the downtown should have adequate public discussion first. She feels that a formalized plan should be presented first to the community before a decision is made. Motion carried with three ayes. Mr. Attaway and Mrs. Benjamin voted no. Motion by Mr. Blanton, seconded by Mr. Hutchins, to refer to Planning Commission the question of whether it is necessary to have the Town first charge for parking before private owners TC:D9:MM070797 7 • July 7, 1997 Los Gatos, California are allowed to charge for parking. Motion failed with 2 ayes. Mr. Attaway, Mrs. Benjamin and Mrs. Lubeck voted no. The Deputy Town Clerk read the Title of the Draft Ordinance. TC:D9:MM070797 8 July 7, 1997 Los Gatos, California HEARINGS CONTINUED PAY AND VALET PARKING/PUBLIC & PRIVATE LOTS CONT. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance 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 DIVISION 7, ASSIGNMENT OF DUTIES TO ADD REVIEW OF VALET PARKING LOT APPLICATIONS TO THE DEVELOPMENT REVIEW GQMMITTEE DUTIES Carried by a vote of 3 ayes. Mr. Attaway and Mrs. Benjamin voted no. SANTA CRUZ AVENUE N 115/CHART HOUSE/APPEAL Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission denying a modification to an existing restaurant Conditional Use Permit to allow for outdoor seating with the service of alcohol, on property located in the C-2 LHP zone. Project Application: PRJ-97-053. Property Located at 115 N. Santa Cruz Avenue. Property Owner: CHE, Inc. Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission denying an Architecture and Site application for exterior changes to the Chart House restaurant on property located in the C-2 LHP zone. Project Application: PRJ-96-081. Property Located at 115 N. Santa Cruz Avenue. Property Owner: CHE, Inc. The following people from the audience spoke to this issue: Louis Jackson, 115 S. Acacia Ave, Solano Beach, representing the Chart House, gave a brief overview of the proposed project and the history of the restaurant at that location and the quality of service and upkeep of the property. They feel they have been an excellent neighbor and will continue to be so. Sandra Paim, 61 Victory Lane, Suite C, representing the Chart House, gave a slide presentation regarding the architectural proposals of the Chart House. Laura Moore, 14 N. Santa Cruz Ave, spoke of the community activities that the managers of this facility have participated in. They have helped the downtown with projects and have consistently been a good neighbor. The design has taken into account the historic preservation concerns and the surrounding commercial and residential neighborhoods. She told of its place in the downtown beautification project on which she is has worked. John Voris, 121 Wilder Ave, submitted a letter for the record and spoke of the additional noise that will be generated by this refurbishing and upgrade. He asked that the approval be for 10:00 PM closure. TC:D9:MM070797 9 July 7, 1997 Los Gatos, California Carol Supler, 114 Wilder Ave, submitted a letter for the record. She noted the following problems: She noted the early morning noise problem of delivery trucks before 7 AM and garbage trucks arriving before 6 AM. She noted that quiet signs have not been hung in the parking lots and shields have not been placed on the parking lot lights. She asked that specific conditions be added to the use permit regarding management and noise. TC:D9:MM070797 10 J 4