Item 16 Staff Report Consider Amending Town Code Chapter 29, Division 4, Parking, to Allow Pay and Valet Parking on Public and Private Lots. It Has Been Determined tha this Town Code Amendment Will Not Have a Significant Impact on the Environment and is,COUNCIL AGENDA REPORT
DATE: June 26, 1997
TO: MAYOR AND TOWNrt`pUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 7/7/97
ITEM NO. i ( ^
CONSIDERAMENDING TOWN CODE CHAPTER 29, DIVISION 4. PARKING, TO ALLOW
PAY AND VALET PARKING ON PUBLIC 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
(CONTINUED FROM 6/16/97)
RECOMMENDATION:
Either:
A. 1. Open and hold the public hearing;
2. Determine Zoning Ordinance Amendment A-96-5 modifications as recommended by Council subcommittee;
3. Refer Amendment A-96-5 modification to Planning Commission;
4. Continue matter to a date certain to consider Planning Commission review and introduce Ordinance if
appropriate.
OR
B. 1. Open and hold the public hearing;
2. Accept Planning Commission recommendation for approval of Zoning Ordinance Amendment A-96-5;
3. Find Ordinance consistent with General Plan and Downtown Specific Plan;
4. Direct Clerk to read title;
5. Waive reading;
6. Introduce Ordinance (Attachment 1).
BACKGROUND
On May 5, 1997, Council continued Amendment A-96-5 to the June 16, 1997 agenda because the Downtown Parking
Strategic Planning Advisory Committee was to be appointed. However, on June 5, 1997 the Parking Commission voted to
continue the application period for the Committee due to the small response of only three applicants. At the June 16, 1997
Council meeting, the Council appointed Council members Hutchins and Blanton to examine Amendment A-96-5
(Attachment 2). This subcommittee is considering an amendment to the proposed Ordinance that will allow owners of
private lots to institute paid/valet parking even if the Town does not. Since both the Planning and Parking Commissions feel
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
Reviewed by: (,L/Attorn
mance
Revised: 6/26/97 4:57 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-96-5
July 7, 1997
that charging for parking in private lots should only be possible if the Town institutes paid/valet parking in the public lots,
this change would require referral to the Planning Commission for a report in accordance with Government Code Section
65857 (see below).
The public notice for this item was first sent in February 1997. If a continuance extends beyond September 1997, it would
be preferable to re -notice the hearing.
DISCUSSION:
The Ordinance is summarized as follows:
Allows owners of property located within a Town parking assessment district to charge for parking or provide valet parking,
if the Town has instituted charges for use of Town owned or operated parking lots in the assessment
district.
If the Council subcommittee recommends modification of the proposed Ordinance the modification must be referred to the
Planning Commission, since the Commission made an initial recommendation for approval. Government Code Section
65857 states:
"The legislative body may approve, modify or disapprove the recommendation of the planning
commission; provided that any modification of the proposed ordinance or amendment by the legislative
body not previously considered by the planning commission during its hearing, shall first be referred to
the planning commission for report and recommendation, but the planning commission shall not be
required to hold a public hearing thereon. Failure of the planning commission to report within forty (40)
days after the reference, or such longer period as may be designated by the legislative body, shall be
deemed to be approval of the proposed modification."
ENVIRONMENTAL IMPACT:
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.
FISCAL IMPACT:
Adoption of the Ordinance results in no fiscal impact on the Town.
Attachments:
1. Draft Ordinance Amending Town Code Chapter 29, Division 4 PARKING to allow pay and valet parking on
public and private lots, and Division 7 ASSIGNMENT OF DUTIES to add review of valet parking lot applications
to the Development Review Committee Duties
2. Minutes of the June 16, 1997 Council Meeting
Distribution:
Scott R. Baker, Director of Building and Engineering Services
Parking Commission
Downtown Parking Interest List
LEB:KS:sm
N:\DEV\CNCLRPTS1A-96-5.TC4
SM191CNC LRPTSIA-96-5.TC4
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 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.
ATTACHMENT 1
(2)9 Notwithstanding subsection (1) above, a parking lot located.within a- Town parking
assessment district may be operated with a charge for its useunder-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 notexceed the
highest hourly rate charged by the Town, for. use. of its_ lots-. Such a° charge may
include a validation' system whereby parkersare-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 29.10.145(g)(2) on use of valet parking for parking Iots within
a Town parking assessment district.
2
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
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: \D E V \O RDS\A-96-5.ORD
3
June 16, 1997
Los Gatos, California
HEARINGS
PAY AND VALET PARKING/PUBLIC & PRIVATE LOTS
ZONING AMENDMENT A-96-5/HEARING (22.46)
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 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.
Council discussed the reasons for continuing this item.
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council establish a sub committee,
consisting of Mr. Blanton, Mr. Hutchins and interested parties, to formulate a plan of action
regarding downtown parking and return to Council with a proposal. Carried unanimously.
Town Attorney, Orry Korb, noted that Council should appoint members to the sub committee
and agendize meetings according to the Brown Act so the public may be notified and have the
opportunity to attend. Mayor Benjamin asked that this be placed on the next agenda for
action.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to continue this item to July 7, 1997 to
review the sub committee's report. Carried unanimously.
WINCHESTER BLVD. 14800/COMPRESSED NATURAL GAS FUELING FACILITY (23.09)
a. Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider 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. No significant environmental impacts have been identified as
a result of this project and a Negative declaration is recommended. Project application PRJ-
97-044. Negative Declaration ND-97-3. Property location: 14800 Winchester Boulevard.
Property Owner: Town of Los Gatos. Appellant: Scott Baker, Director of Building and
Engineering Services.
b. Consider adopting resolution approving plans and specifications for Project 9707 - Natural Gas
Compression Station.
The following people from the audience spoke to this issue:
Ann Burns, 140 Newell Ave., addressed the use of a temporary facility, high risk insurance
costs, ongoing maintenance costs, safety signs, and the possibility of sharing the cost of a site
with another jurisdiction in a different location.
Dave Flick, 130 Stacia, spoke in favor of the proposal.
Rita Norton, Clean Cities Coalition, spoke of the upcoming meeting to be held in Long Beach.
Jim Rees, 985 University Ave. 2#, asked to purchase this property so as to build a one story
office building on the site.
Steve Gobbert, 14700 Winchester Blvd., spoke of the safety of CNG fueling stations and added
technical information.
TC: D9: MM061697
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