Item 26 Staff Report Adopt an Ordinance Amending the Zoning Ordinance Relating to Traffic ImpactsCOUNCIL AGENDA
DATE: 8/19/91
ITEM NO. - t
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: AUGUST 9, 1991
TO: MAYOR AND TOWN COUNCIL
FROM: KATHERINE ANDERTON, TOWN ATTORNEYY---_`-`
SUBJECT: ADOPT AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO
TRAFFIC IMPACTS
RECOMMENDATION:
Adopt the attached ordinance which was introduced at the Town Council meeting of August 5, 1991.
PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY
KA:LMB:yfg 8/9/91 2:43 pm
DISK003\A:\TRAFFIC File #
Attachments: Ordinance
Distribution:
Reviewed by: /)(tr/- Manager Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Section 5.20.230 of the Zoning Ordinance is amended to read:
SEC. 5.20.230: CONDITIONAL USE MODIFICATION
A use authorized by Conditional Use Permit shall not be modified unless a
modification to the permit is approved. The following changes in use are modifications:
(1) Intensification of use. (By way of example, intensification of use are
evidenced by additions to seating capacity or gross floor area, increase in peak
hour trips for mixed use, multi -tenant commercial or industrial or multi-
family development projects if the trips exceed the traffic generation factor
assigned to the project at the time of approval, increase of five or more peak
hour trips, increases in parking required -- other than the requirement of
increases because of ordinance amendment -- use of additional land, or
commencement of new activities.)
(2) Any change that is a substantial departure from plans which were the basis
of the Conditional Use Permit Approval.
SECTION II
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 1991, and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council on , 1991.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A 11 EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C9\ORDS\TRAFF 2
ORDINANCE 1862
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Section 5.20.230 of the Zoning Ordinance is amended to read:
SEC. 5.20.230: CONDITIONAL USE MODIFICATION
A use authorized by Conditional Use Permit shall not be modified unless a
modification to the permit is approved. The following changes in use are modifications:
(1) Intensification of use. (By way of example, intensification of use are
evidenced by additions to seating capacity or gross floor area, increase in peak
hour trips for mixed use, multi -tenant commercial or industrial or multi-
family development projects if the trips exceed the traffic generation factor
assigned to the project at the time of approval, increase of five or more peak
hour trips, increases in parking required -- other than the requirement of
increases because of ordinance amendment -- use of additional land, or
commencement of new activities.)
(2) Any change that is a substantial departure from plans which were the basis
of the Conditional Use Permit Approval.
SECTION II
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on August 5, 1991, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a regular meeting of the Town Council on August 19, 1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
NAYS: Mayor Brent N. Ventura
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED: /s/ Brent N. Ventura
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A1"IEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C9\ORDS\TRAFF 2
SANFORD A. BERLINER•
SAMUEL J. COHEN•
HUGH L ISOLA*
ANDREW L. FABER
WILLIAM J. GOINES•
ROBERT W. HUMPHREYS
MICHAEL H. KALKSTEIN
MYRON L BRODY
RALPH J. SWANSON
PEGGY L. SPRINGGAY
JOSEPH E. DWORAK
SAMUEL L FARB
ALAN J. PINNER
FRANK R. UBHAUS
'A Professional Corporation
BERLINER, COHEN & BIAGINI
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LINDA A. CALLON
NORMAN D. THOMAS
ROBERTA S. HAYASHI
TIMOTHY T. HUBER
RUSSELL J. HANLON
ANNE L NEETER
KEVIN F. KELLEY
JEFFREY M. FORSTER
KATHLEEN K. SIPLE
NANCY J. JOHNSON
CHRIS SCOTT GRAHAM
JAMES P. CASHMAN
SCOTT R. HOVER-SMOOT
TEN ALMADEN BOULEVARD
ELEVENTH FLOOR
SAN JOSE, CALIFORNIA 95113-2233
FACSIMILE: (408) 998-5388
TELEPHONE (408) 286-5800
September 16, 1991
Office of The Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Attn: Marion
Re: Zoning Ordinance 1862 and
Report re Amended Traffic Impacts
Dear Marion:
THOMAS P. MURPHY
STEVEN J. CASAD
THOMAS A. BARTASI
JONATHAN D. WOLF
NANCY F. THORNTON
JEROLD A. REITON
ROBERT L.CHORTEK
STACY L. SAETTA
COLBY A. CAMPBELL
EDWARD F. MALYSZ
THOMAS F. CHAFFIN
CHARLES R. BOHN
LINDA M. BERTOLUCCI
THOMAS D. CUMPSTON
CHI -HUNG A. CHAN
RICKEY A. GREEN
NICHOLAS P. PETREDIS
MIRIAM BEHMAN EEDS
TERRY J. FITZ
COLLEEN D. WINCHESTER
THOMAS S. WELK
JULIE A. BRUHN
ROGER ROYSE
LINDA N. SUNDE
HOWARD I. CAMHI
ROSS A. KAY
OF COUNSEL
CLARENCEA. KELLOGG, JR.
Please send me a copy of the Report and Zoning Ordinance 1862
Amending Traffic Impacts. Enclosed is our firm's check in the
amount of $7.00 payable to the Town of Los Gatos to cover your
costs.
Thank you for your assistance in this regard.
Very truly yours,
BERLINE', COHEN & BIAGINI
Carol Tomassilli
Secretary to Linda A. Callon, Esq.
/ct
enc.
C:\LAC\L\GATOS.LTR
11-0916ADMIN:ct
BERLINER, COHEN & BIAGINI
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
• TEN ALMADEN BLVD. ELEVENTH FLOOR
SAN JOSE, CALIFORNIA 95113-2233
1408) 286-5800
55 Ai :N BLVD.
PLAZA BAK F COMMERCE
SAN JOSE. CA 95113
September 13, 1991
NO. 038966
90-3752 1 1211
Seven & 0/100 7.00
PAY DOLLARS $
7 TOWN OF LOS GATOS
TO
THE
ORDER
OF
BERLINER, COHEN & BIAGINI
GENERAL ACCOUNT
II■03896611' ':L2LL375221: OOL 0930600
BERLINER, COHEN & BIAGINI
SAN JOSE, CALIFORNIA 95113
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW.
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED.
SUPPLIES 9/13 $7.00 COPY OF ZONING ORDINANCE 1862
& REPORT RE AMENDED TRAFFIC IMPACTS
#514
038966
August 19, 1991
Los Gatos, California
PINE AVE 17161/NIELSEN/APPEAL/RESOLUTION 1991-188
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-188
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING DEMOLITION OF AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW TWO STORY
SINGLE-FAMILY RESIDENCE ON PROPERTY IN THE R-1:8000 ZONE: ARCHITECTURE
AND SITE APPLICATION S-91-35 (17161 PINE AVENUE/APPELLANT STEVEN W. MEYERS.
OWNER JIM AND CATHY NIELSEN), which incorporates the Council's findings and decision
at its meeting of August 5, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent.
REDEVELOPMENT/CONSULTANT SERVICES/MC DONOUGH, HOLLAND AND ALLEN
AGREEMENT/RESOLUTION 1991-189
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-189
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT AMENDING AN AGREEMENT WITH MC DONOUGH, HOLLAND
AND ALLEN FOR REDEVELOPMENT LEGAL SERVICES, Carried by a vote of 3 ayes.
Mayor Ventura abstained. Mr. Carlson absent.
TRAFFIC IMPACTS/ZONING ORDINANCE AMENDMENT/ORDINANCE 1862
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1862 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
RELATING TO TRAFFIC IMPACTS, which was introduced at the Town Council meeting of
August 5, 1991. Carried by a vote of 3 ayes. Mayor Ventura voted no for reasons stated in
previous record. Mr. Carlson absent.
PUBLIC HEARINGS
631 UNIVERSITY AVENUE/HANDEL JONES/PLANNING COMMISSION/APPEAL
Mayor Ventura stated that this was the time and the place duly noted for public hearing to
consider an appeal of the Planning Commission decision to uphold the Planning Director's
decision to deny occupancy of a structure located at 631 University Avenue and the finding that
the proposed use is an office use on property in the LM-ZONE. Owner: Handel Jones.
The following people from the audience spoke to this issue:
Blaine Fields, representative of Mr. Jones, asked for the hearing to be continued in order to
allow him to present a confidential document showing the payment of sales tax.
Dr. Handel Jones, 631 University Ave., stated that approximately fifty percent of the studies are
multi -client studies, but estimated that they can only collect sales tax on twenty percent of the
reports because they may only collect sales tax on reports sold inside of California.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to continue this public hearing to the
meeting of September 16, 1991, in order to enable Dr. Jones to submit a confidential document
to the Town Attorney. Carried by 3 ayes. Mayor Ventura voted no because the hearing was
continued once already for the reason of allowing Dr. Jones to submit his documents, and
believed that it should not be continued any longer. Mr. Carlson absent.
TC:D1:MM081991
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