Ord 1768 - ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGAORDINANCE NO. 1768
AN URGENCY INTERIM ZONING ORDINANCE
ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS
FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL
PROPERTY IN THE DOWNTOWN 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 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 the cessation of uses that were formerly nonconforming as to
parking located in the Downtown Specific Plan Area west of State Route 17 be-
tween 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 prop-
erty 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 a fiscal im-
pact to the Town resulting in a decrease in Town services.
Delapidated store fronts as well as derelict buildings will con-
tribute 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.
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 Indus-
trial 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 pre-
served 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 charac-
ter 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 con-
flict 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 Building Permits (for minor improve-
ments) 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, there-
fore, necessary to adopt an urgency interim zoning ordinance that
will temporarily restrict the type of applications that may be
accepted and extend 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 January 12, 1989, 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
January 12, 1989.
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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 ENTITLEMENTS AND EXCEPTIONS
The Town shall not accept nor process applications for new uses, new
construction, or remodeling 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 is 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 af-
fect 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 in-
crease 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 Zon-
ing 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 January 12, 1989•
SECTION VII.
This Ordinance is effective immediately. Within 15 days after this Or-
dinance 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 folla�jornsde as an
Urgency Interim Zoning Ordinance of the Town of Los Gatos at a /regular meeting
of the Town Council on November 28 , 1988•
AYES: COUNCIL MEMBERS Eric D. Carlson, Robert L. Hamilton, Brent
N. Ventura and Mavor Joanne Benjamin
NOES: COUNCIL MEMBERS Thomas J. Ferrito
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
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SIGNED:
ATTEST:
SR. DEPUTY CLERK OF THE T N OF LOS GATOS
PLN0I:TC 11/28#
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