Ord 2107 - Amending the Zoning Ordinance of the Town Code regarding Sections 29.10.020, 29.20.185, and 29.20.190ORDINANCE 2107
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE REGARDING
SECTIONS 29.10.020, 29.20.185, AND 29.20.190.
WHEREAS, the Town of Los Gatos has long been recognized as having a unique retail environment
with an unusual mix of retail businesses in terms of type, ownership and appearance, that distinguishes it
from other retail areas and has contributed to its long time vibrancy and financial success.
WHEREAS, an increase in the existing number of formula businesses potentially threatens the
Town's unique retail environment in a number of ways, including, but not limited to, the replacement of
small, locally owned businesses that often feature unique physical appearances and offer unusual or
uncommon products or product lines. This can occur either by the replacement of existing retail businesses
with new formula retail businesses, or by retail businesses with the capacity to overwhelm existing
businesses. An over concentration of formula retail business can result in a retail environment that is
indistinguishable from those located elsewhere in the region, the state and the nation.
WHEREAS, the Town's General Plan contains numerous goals, policies and implementing
strategies intended to preserve its unique retail environment. For example, the land use designation CBD
for the Central Business District (2.4.2) is described as "[encouraging] a mixture of community- oriented
commercial goods, services and lodging, that is unique in its accommodation of small town style merchants
and the maintenance of a small town feel and character, " while descriptions of the Mixed Use,
Neighborhood and Service Commercial districts emphasizes maintaining and servicing the needs of the
small town residential scale and natural environments of adjacent residential neighborhoods. Elsewhere,
concerning the historic downtown area, is a goal to maintain mixture of goods and services, identity,
environment and commercial viability (L.G.6.2) and a policy to "[e]ncourage the development and retention
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of small businesses and locally -owned stores and ships that are consistent with small town character and
scale" (L.P.6.2).
WHEREAS, Council's intent in adopting this ordinance is to ensure the exercise of greater control
over the location of new formula retail businesses in the Town in order to meet the goals, policies and
implementing strategies of the Town's General Plan and avoid the transition of the Town's unique retail
environment into one that is homogenous with retail areas in other communities.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code section 29.20.020 is amended to read as follows:
Formula retail business means a retail business which, along with one or more other
business locations, is required by contractual or other arrangement to maintain any of the
following: standardized merchandise, services, decor, uniforms, architecture, colors, signs
or other similar features.
Nursery school /Day Care Center means a school for pre - elementary school age children which
provides controlled activities and instruction.
SECTION II
Town Code section 29.20.185 Table of Conditional Uses is amended as follows:
Replace existing Conditional Use Permit Table with Conditional Use Permit Table attached hereto
as Exhibit A.
SECTION III
Town Code section 29.20.190 is amended to read as follows:
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of this chapter if it
finds that:
(1) The proposed uses of the property are essential or desirable to the public convenience
or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
Page 2 of 3
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the general plan and the purposes of this chapter.
(5) A hazardous waste facility proposal is subject to the California Health and Safety
Code, Article 8.7, Section 25199 -- 25199.14 and shall be consistent with the Santa
Clara County Hazardous Waste Management Plan.
(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a
conditional use permit for a formula retail business if 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; and
(2) The proposed use will detract from the existing balance and diversity of businesses
in the commercial district in which the use is proposed to be located.
SECTION IV
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on October 21, 2002, and adopted by the following vote as an ordinance of the Town of Los Gatos at a
meeting of the Town Council of the Town of Los Gatos on November 4, 2002 This ordinance becomes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: Steve Glickman.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF TH TOWN OF S GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
Page 3 of 3
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