Ord 1804 - An urgency interim zoning ordinance extending ordinance 1778 established a temporary prohibition on application for certain types of improvments to nonresidential property in the down town specific plan area that were formerly nonconforming asORDINANCE 1804
AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1778
ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS
FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL
PROPERTY IN THE DOWN TOWN SPECIFIC PLAN AREA THAT WERE
FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST
OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE
AND BLOSSOM HILL ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OBTAINS:
SECTION I.
FINDINGS
Pursuant to Government Code Section 65858, the Council hereby finds
that there is a current and immediate threat to the public health, safety and
welfare in that the cessation of uses that were formerly nonconforming as to
parking located in the Downtown Specific Plan area west of State Route 17 between
Saratoga Avenue and Blossom Hill Road (Study Area) as delineated on the map
attached hereto as Exhibit A and incorporated by reference herein, would cause
blight and decrease revenues and that development applications for property in
the Study Area would further exacerbate the parking problem by the construction
of buildings and other improvements in a manner that would affect the Town's
ability to achieve an equitable solution to the area's parking deficiencies.
These consequences would create a threat to public health, safety and welfare
as follows:
a. A reduction in tax receipts would occur as a result of the
significant number of vacancies which would create fiscal
impact to the Town resulting in a decrease in Town services.
Dilapidated store fronts as well as derelict buildings will
contribute to increased vacancy rates and decreased property
values. The Study Area consists of many uses that were
formerly nonconforming as to parking and these uses are a major
focal point of the community and provide many services that
cater to Town residents.
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b. The Downtown Specific Plan lists several solutions to resolve
the parking deficiencies in the Study Area, however, as a
result of the Downtown Parking Assessment District litigation,
the Parking Commission has not been able to perform the
necessary surveys to, evaluate the deficiencies and recommend
a solution for the Study Area. The Planning Commission and
the Parking Commission need to assess the parking problems and
develop recommended solutions and this analysis of the parking
problems must be completed prior to the Town taking any action
to cause the cessation of uses nonconforming as to parking as
required pursuant to Section 3.50.050(4).
C. Due to the uncertainty concerning the implementation of the
Downtown Parking Assessment District, it is necessary to study
other alternatives such as the collection of in -lieu fees to
pay for the construction of parking facilities, abandonment
of Industrial Way as a street so that it can be improved as
a parking lot, amendment of the Zoning Ordinance regarding the
number of required parking spaces or location of parking on
the site or off -site.
d. The unique character of the Study Area is intended to be
preserved by the solutions that will be developed by the
Parking Commission. On -site parking which is included in plans
for new development projects may be incompatible with the
unique character and the high concentration of resident serving
businesses in the Study Area. These projects could result in
numerous driveways being constructed along Santa Cruz and
University Avenues and in other locations where they would be
in direct conflict with the existing streetscape and the design
concepts established in the Downtown Specific Plan. In
addition, these driveways could significantly impact pedestrian
and vehicular circulation.
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e. Owners of businesses and properties within the Study Area
should be able to obtain certain permits such as Certificates
of Use and Occupancy, Sign Permits and Buildings Permits (for
minor improvements) providing these permits do not allow any
change that would increase the parking requirements of the
existing use or involve an investment which would necessitate
a larger period of amortization of the nonconforming use.
f. In certain instances, limited development in the Study Area
should be permitted if the development complies with all of
the Town's regulations and the design criteria established in
the Downtown Specific Plan, providing the development does not
thwart the Town's desire to resolve the parking problem. It
is, therefore, necessary to adopt an Urgency Interim Zoning
Ordinance that will extend Ordinance 1777 which temporarily
restricted the type of applications that may be accepted and
extended the duration of nonconforming status for those uses
which were formerly nonconforming as to parking that are
located within the Study Area.
SECTION II.
DURATION OF NONCONFORMING STATUS
Notwithstanding Section 3.50.050(4), all those uses of properties
in the Study Area That were formerly nonconforming as to parking and by operation
of law became unlawful on March 3, 1988, shall have until November 28, 1990, to
vacate, cease or conform with said Section.
In addition, all zoning approvals for properties in the Study Area
which are conditioned to expire on March 23, 1986, unless the property is brought
into compliance with the parking requirements, shall be allowed until
November 28, 1990.
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SECTION III.
PROHIBITED ACTIVITIES
Any use located within the.Study Area shall not be allowed to expand
or intensify in any manner that would increase the parking requirements unless
sufficient parking is provided to satisfy the parking deficiency.
SECTION IV.
PROHIBITED ENTITLE AND EXCEPTIONS
The Town shall not accept nor process applications for new uses, new
construction, or remodeling within the Study Area EXCEPT AS FOLLOWS
a. Certificates of Use and Occupancy for uses which do not
intensify the use of the property.
b. Sign Permits.
C. Building Permits for minor remodelings which do not intensify
the use of the property.
d. Building Permits or other entitlements for any development that
has a valid zoning approval as of the date of adoption of this
ordinance.
e. Development applications that comply with all Town regulations
and Traffic policies and the design criteria established in
the Downtown Specific Plan, providing the development could
not affect the Town's ability to achieve an equitable solution
to the parking deficiencies in the Study Area.
For the purposes of this section, intensification shall mean an
increase in the number of required parking spaces and /or the amount of traffic
generated by the use.
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SECTION V.
Any permit or certificate issued pursuant to this Urgency Interim
Zoning Ordinance shall not be construed or considered to extend the duration of
nonconforming status beyond the term of this Ordinance, a prior urgency or
permanent Ordinance, or any subsequent urgency or permanent Ordinance pertaining
to uses nonconforming as to parking in the Study Area.
SECTION VI.
This Ordinance shall take effect immediately and shall be of no
further force and effect after November 28, 1990.
SECTION VII.
This Ordinance is effective immediately. 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 and adopted by the following vote as
an Urgency Interim Zoning Ordinance of the Town of Los Gatos at a regular meeting
of the Town Council on November 20, 1989•
AYES: COUNCIL MEMBERS Er ic D. Carlson, Robert L. Hamil
Joanne Benjamin, Brent N Ventura
NOES: COUNCIL MEMBERS Mayor Thomas J Ferrito
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL
SIGNED:
ATTEST:
CLERK OF THE TOWN OF L GATOS
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