Loading...
Ord 1752 - AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1748 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE DOWNTOWN PARKING ASSESSMENT DISTRICTORDINANCE NO. 1752 AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1748 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: 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 development applications for property in the Downtown Parking Assessment District, as shown on the map attached hereto as Exhibit A and incorporated by reference herein, may comply with all Town regulations, would, if approved, re- sult in the construction of on -site parking facilities in a manner that would have a detrimental impact on the Downtown Parking Assessment District and would be inconsistent with the design criteria established in the Downtown Specific Plan. These consequences would create a threat to public health, safety and wel- fare as follows: a. On May 18, 1987, the Town Council adopted Resolution 87 -60 concerning the formation of the Downtown Parking Assessment District. However, due to the litigation concerning the Downtown Parking Assessment District, it is not possible for the Town to proceed with the construction of the proposed parking facilities. It is considered premature to initiate abatement proceedings for those uses that have become unlawful due to lack of parking until such time as the litigation is resolved. b. A reduction in tax receipts would occur due to the vacancies that would be created by requiring the abatement of uses that have become unlawful due to lack of parking. This in turn would create a fiscal impact upon the Town resulting in a decrease in Town services. Delapidated store fronts, as well as derelict buildings, will contribute to increased va- cancy rates and decreased property values. The Downtown Parking Assessment District consists of many uses that do not provide required parking. These uses were formerly nonconforming as to parking and by op- eration of law are now unlawful and are considered a major source of rev- enue, are a major focal point of the community and many of which are lo- cated in buildings that have been designated as historic landmarks. c. The Zoning Ordinance has been amended at different times during the last 31 years which has caused uses in the Downtown Parking Assessment Dis- trict to become nonconforming at different times, thereby making it extremely difficult to determine whether a specific use is nonconforming or unlawful. However, all applications that affect uses in the Downtown Parking Assessment District that are determined to be unlawful are being denied. d. The litigation concerning the formation of the Downtown Parking Assessment District has made it impossible to determine whether the con- struction of parking facilities will occur in the future. This in turn, has made it necessary for all proposed projects to provide on -site parking which, in certain instances, would directly affect the parking facilities that are proposed as part of the Downtown Parking Assessment District. This would thwart the Town's obligation to construct parking facilities by requiring design changes which are not possible since the basic design was established when Resolution 87 -60, A Resolution Adopting Engineer's Report, Confirming the Assessment and Ordering the Work and Acquisitions, Directing Recording and Filing of Assessment, Assessment Diagram and Notice of Assessment, Appointing Collection Officer, and Pro- viding for Notice To Pay Assessments, was adopted. e. Due to the possibility that the outcome of the litigation may not allow the implementation of the Downtown Parking Assessment District, it is necessary to study the impacts and ramifications of the Town's inability to construct the proposed parking facilities so that appropriate - 2 - amendments to the General Plan, Downtown Specific Plan and Zoning Ordi- nance may be prepared. f. The unique character of the buildings and uses within the Downtown Parking Assessment District is intended to be preserved by the proposed parking facilities. On -site parking which is included in plans for new development projects may be incompatible with the unique character and pedestrian orientation of the Downtown Parking Assessment District area. These projects could result in numerous driveways being constructed along Santa Cruz Avenue 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. g. Owners of businesses and properties in the Downtown Parking Assessment District should be able to obtain certain permits such as Certificates of Use and Occupancy, Sign Permits and Building Permits (for minor improve- ments) providing these permits do not allow any change that would affect the parking requirements of the existing use and would not perpetuate any nonconforming use. h. It is possible for a proposed development to comply with the Town's parking regulations in a manner that would significantly impact the unique character of the Downtown Parking Assessment District area and thwart the Town's obligation to construct the proposed parking facili- ties. In certain instances the proposed on -site parking facilities would have to be removed to make way for the parking facilities included in the Downtown Parking Assessment District. Removal of such recently con- structed on -site parking facilities with landscaping, lighting, drainage, etc., would result in a waste of resources or necessitate a redesign of the district facilities which is not permissible by law. - 3 - i. In certain instances, development in the Downtown Parking Assessment Dis- trict 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 could not prevent the Town from constructing the Downtown Parking Assessment District parking facili- ties. It is therefore necessary to adopt an urgency interim zoning ordi- nance that will temporarily restrict the types of applications that may be accepted and reestablish Sections 3.41.070 and 3.41.075 which were repealed by Ordinance No. 1724. j. It is therefore necessary to adopt an urgency ordinance extending Ordi- nance 1748 that delays abatement proceedings until the Downtown Parking Assessment District litigation has been resolved. This urgency ordinance provides the Town with an opportunity to study the impacts and ramifications that would occur if the Town is prevented from constructing the proposed parking facilities and will enable the Town to prepare amendments to the General Plan, Downtown Specific Plan and Zoning Ordi- nance. SECTION II. DURATION OF NONCONFORMING STATUS Notwithstanding Section 3.50.050(4), all those uses of properties in the Downtown Parking Assessment District that were formerly nonconforming as to parking and by operation of law are now unlawful shall have until March 17, 1990 to vacate, cease or conform with said Section. In addition, all zoning approvals for properties in the Downtown Parking Assessment District which are conditioned to expire on March 23, 1986, unless the property is brought into compliance with the parking requirements, shall be allowed until March 17, 1990. - 4 - SECTION III. RULES FOR PROPERTIES IN A PARKING ASSESSMENT DISTRICT For any building or open -air use in a public parking district, the number of required off - street parking spaces is: a. None, when the gross floor area of the building and open area occupied by a use, combined, do not exceed the area of the buildable portion of the zoning plot, or b. When the area limitation in part a. is exceeded, the required number is derived only on the basis of the excess area. For purposes of this section, the following definitions and regulations ap- ply: a. When only part of a parcel upon which a building is situated is within a public parking district and another part is not, that portion situated within the district shall be treated as the zoning plot for purposes of this section. b. The term "buildable portion of a zoning plot" shall include all that area of a zoning plot which under the ordinance is applicable at the time of development is authorized to be covered by buildings. SECTION IV. PROHIBITED ACTIVITIES AND EXCEPTIONS The Town shall not accept nor process applications for new uses, new con- struction, or remodeling in the Downtown Parking Assessment District EXCEPT AS FOLLOWS: - 5 - 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 and minor additions 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, traffic policies and the design criteria established in the Downtown Specific Plan, providing the development could not affect the Town's ability to construct the Downtown Parking Assessment District parking facilities. For the purposes of this section, intensification shall mean an increase in the number of required parking spaces. SECTION V. Any permit or certificate issued pursuant to this urgency 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 subse- quent urgency or permanent ordinance pertaining to uses nonconforming as to parking in the Downtown Parking Assessment District. SECTION VI. This ordinance shall take effect immediately and shall be of no further force and effect after March 17, 1990. - 6 - SECTION VII. 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 cir- culated in the Town. This ordinance was introduced and adopted by the following vote as an ordi- nance of the Town of Los Gatos at a regular meeting of the Town Council on Mav 7 , 1988. AYES: COUNCIL MEMBERS Joanne Ben.iamin, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS NnnP ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito ABSENT: COUNCIL MEMBERS None SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: C�L e .0 � CLERK OF THE TOWN - OF LOS GATOS PLNOI:TC 5/2 #8 - 7 -