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Ord 1890 - Amending the Zoning Ordinance to Permit New Provisions Concerning Special/Promotional Events for Automobile DealersORDINANCE 1890 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT NEW PROVISIONS CONCERNING SPECIAL /PROMOTIONAL EVENTS FOR AUTOMOBILE DEALERS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY SECTION I Section 29.50.032 of the Town Code is added to read as follows: Sec. 29.50.032 Promotional Events for Auto Dealers This section applies only to businesses with current, valid Conditional Use Permits for vehicle sales. (1) Purpose and Findings The traditional methods for sales promotions for the sale of automobiles has included flags, pennants, balloons, outdoor entertainment, food booths and other carnival types of activities otherwise prohibited by this Ordinance. Auto dealers unable to use these promotional devices are at a competitive disadvantage which threatens their ability to operate viable businesses. The Council finds that it is in the public's interest to have financially stable automobile sales and service businesses located within the Town to reduce the length of trips by Town residents desiring these services thereby contributing to higher air quality. (2) Definitions (a) Auto Dealer: the owner or operator of a business which has a current, valid conditional use permit allowing the sale of vehicles. (b) Small Promotion: an event sponsored by one or more auto dealers lasting no longer than three days. (c) Large Promotion: an event sponsored by two or more auto dealers lasting no longer than seven days. (3) Promotional Event Permit The Planning Director may issue permits to auto dealers for promotional events as follows: (a) For Small Promotions: (i) No more than one small promotion shall be permitted on any zoning plot in any calendar month. At least a four day interval must separate small promotions. (ii) Applications for permit must be filed with the Town three working days in advance of the event. (iii) The permit applicant shall describe and agree to perform a program to assure cleanup of any trash or debris in the vicinity of the event. (iv) The permit may allow a waiver of the provisions of Section 29.10.115(1) regarding flags, pennants or balloons provided that the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety. (b) For Large Promotions: (i) No more than one large promotion shall be permitted on any zoning plot in any calendar quarter. At least a 30 day interval shall separate large promotions. Pa (ii) Applications for permit must be filed with the Town a minimum of 14 calendar days in advance of the event. (iii) The permit applicant shall describe and agree to perform a program to assure cleanup of any trash or debris in the vicinity of the event. (iv) The permit may allow a waiver of the provisions of Section 29.10.115(1) regarding flags, pennants or balloons provided that the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety. (v) The permit may allow a waiver of the rules limiting the placement, size and /or height of signs to allow a cold air inflatable device provided that the applicant can demonstrate that adequate precautions will be taken to protect the public health and safety, provide insurance, and indemnify the Town against any liability for the duration of the event in an amount equal to the minimum amount specified by Council policy. (vi) The permit may allow a waiver of Section 29.20.185 restricting outdoor entertainment provided that any amplified sound will not exceed the limits specified by the Town's Noise Ordinance. (viii) The permit may allow for the provision of food either by sale or gift provided that the applicant can show by a written document that all food service complies with all health department regulations. 3 (4) Expiration This Section 29.50.032 will expire and be of no further force or effect on December 20, 1992. 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 February 3, 1992, 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 February 18, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: Brent N. Ventura SIGNED: 9,-7 ��� MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ✓ma VevFc CLERK OF THE TOWN OF GATOS LOS GATOS, CALIFORNIA 0