Ord 2132 - Amending the Zoning Ordinance of the Town Code Establishing Perosnal Service Business Regulations in Sections 29.10.020, 29.20.185, 29.20.190 and 29.60.320ORDINANCE 2132
ORDINANCE OF THE TOWN OF LOS GATOS AMENDIN G
THE ZONING ORDINANCE OF THE TOWN CODE ESTABLISHIN G
PERSONAL SERVICE BUSINESS REGULATIONS I N
SECTIONS 29.10.020, 29.20.185, 29.20.190 AND 29.60.320
WHEREAS,the Town of Los Gatos seeks to preserve its unique mix of businesses in the downtow n
that contribute to its economic success; and
WHEREAS,the Town of Los Gatos general plan contains numerous goals, policies and
implementing strategies intended to preserve its unique retail environment; and
WHEREAS,concerns have been raised in the community regarding potential detrimental impacts
of additional Personal Service Businesses in the central business district including but not limited to,
location, parking, traffic circulation, and land use mix; and
WHEREAS,the Town of Los Gatos zoning regulations do not provide a definition of "Persona l
Service Business" nor does it contain adequate ways to regulate potential negative impacts associated wit h
them; and
WHEREAS,an increase in the number of Personal Service Businesses potentially threatens th e
Town's unique retail environment by their ability to displace retail businesses and may reduce th e
attractiveness of the Central Business District to retail consumers, and ultimately may limit the ability of th e
Central Business District to successfully compete with other business districts in the region; and
WHEREAS,,the Town Council directed the Community Development Department to develop
regulations related to Personal Service Businesses; and
WHEREAS,the Town Council's intent in adopting this ordinance is to ensure the exercise of greater
control over the location of new personal service businesses in order to promote high standards of urba n
design and careful consideration of pedestrian circulation, compatibility with adjacent businesses, economic
vitality and aesthetics.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Section 29.10.020 is amended to read as follows:
Section 29.10.020 Definitions
Personal service businessmeans uses that predominately sell personal convenience services directly
to the public, including but not limited to, barbers, beauty salons and related services,
cosmetologists, electrolysis, facial and/or skin care, hair dressers and/or hair stylists, hair remova l
and/or replacement, manicurists, nail salons, pedicurists, permanent make-up, skin and body care,
piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors and other services of a
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similar nature. Personal service business does not include travel agencies, insurance offices, la w
offices, architect offices, or any other type of office use.
Retail use means providing on site sales directly to the consumer for consumer or household use,
including but not limited to the following: small markets/businesses which sell meat, vegetables,
dairy products, baked goods, candy and/or other food products, household cleaning and maintenanc e
products, cards, stationary, notions, books, cosmetics, specialty items, hobby materials, toys,
household pets and supplies, apparel, jewelry, fabrics, cameras, household electronic equipment, CD
music and movies, sporting equipment, kitchen utensils, home furnishings, home appliances, ar t
supplies and framing, art work, antiques, paint, wallpaper, carpet, floor covering, office supplies,
musical instruments, hardware, homeware, computers and related equipment/supplies, bicycles,
automotive parts and accessories (excluding service and installation), and flowers, plants and garde n
supplies (excluding nurseries). Retail sales that are incidental to the primary use will not satisfy this
definition.
SECTION II
Town Code Section 29.20.185 (1) is amended to read as shown in Exhibit A attached hereto.
SECTION III
Town Code section 29.20.190 (b) is amended to read as follows:
(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a
conditional use pemnit for a formula retail business or a personal service business if any of
the following findings are made:
(1)The proposed use of the property is not in harmony with specific provisions or
objectives of the general plan and the purposes of this chapter;
(2)The proposed use will detract from the existing balance and diversity of businesse s
in the commercial district in which the use is proposed to be located;
(3)The proposed use would create an over-concentration of similar types of businesses,
or;
(4)The proposed use will detract from the existing land use mix and high urban design
standards including uses that promote continuous pedestrian circulation an d
economic vitality.
SECTION IV
Town Code sections 29.60.320 (a) (2) and (a) (3) are deleted.
SECTION V
Town Code section 29.60.320 (b) is amended to read as follows:
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(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craf t
studios, auto part sales and artist supply 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.
SECTION VI
Town Code section 29.60.320 (c) is amended to read as follows:
(c)
Personal service businesses and office activities in the C-2 zone are subject to the following:
(1) Personal service businesses may be allowed on the ground floor in the C-2 zone wit h
a conditional use permit. However, personal service businesses are considered a
permitted use in the areas described in Section 2 a-f below and in the remainder of
the C-2 zone.
(2)
Office activities in the C-2 zone shall not be located on the ground floor along any
street, alleyway, or public parking lot except in the areas described below:
(a)Lyndon Avenue;
(b)Properties abutting Wood Road;
(c)The west side of Victory Lane:
(d)The south side of Los-Gatos-Saratoga Road excluding:
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 alon g
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.
The north and south side of West Main Street west of Victory Lane.
(3) Notwithstanding subsection (c)(2), 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 th e
applicable architecture and site approval specifically stated that the buildin g
was approved for office activities.
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SECTION VII
Ordinance 2118 is repealed effective the 31 S` day following the final approval of this ordinance by
the Town Council.
SECTION VIII
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gato s
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 May 17,2004. This ordinance takes effect 30 days after it i s
adopted.
COUNCIL MEMBERS:
AYES:
Sandy Decker, Joe Pirzynski, Mike Wasserman.
NAYS:
Diane McNutt, Steve Glickman.
ABSENT:
None
ABSTAIN:
None
SIGNED:
MAYOR OF THE TOWN OF LOS GATO S
LOS GATOS, CALIFORNIA
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