Attachment 1PREPARED BY: ERIN WALTERS/AZHAR KHAN
Associate Planner/Assistant Planner
Reviewed by: Economic Vitality Manager, Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/23/2019 ITEM NO: 4
DATE: JANUARY 17, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: TOWN CODE AMENDMENT APPLICATION A-18-002. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS. CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING SHARED PARKING.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of the amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding shared parking.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the Town Code will have
a significant effect on the environment.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
That the amendments to Chapter 29 of the Town Code are consistent with the General Plan.
ATTACHMENT 1
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BACKGROUND:
On February 15, 2018, the Town Council Policy Committee considered economic vitality
initiatives to streamline application processes for Town businesses. Members of the Town’s
business community attended the meeting. One of the topics discussed was shared parking
and how to make the process more streamlined and affordable for businesses.
The Town Code currently requires a Conditional Use Permit (CUP) for alternating use of off-
street parking spaces (shared parking) in the RC, HR, R-1, RD, R-M, O, C-1, C-2, CH, LM, and CM
zones.
The Policy Committee discussed the matter and directed staff to bring forward a code
amendment to the Planning Commission and the Town Council to create an incentive for
shared parking by no longer requiring a CUP and allowing shared parking through a ministerial
permit process. Exhibit 2 contains the Policy Committee minutes for the February 15, 2018
meeting.
DISCUSSION:
A. Existing Town Code
The Town Code currently describes alternating uses (shared parking) as parking spaces
where some uses generate parking demand during the hours when the remaining uses are
closed. The Town Code currently requires alternating uses to be reviewed and approved
through the CUP process.
B. Proposed Town Code Amendments
The proposed amendments as shown in Exhibit 3 would:
• Replace the term ‘alternating uses’ with the term ‘shared parking’; and
• Allow the Community Development Director to approve shared parking through the
approval of a Shared Parking Permit; and
• Remove the CUP requirement for alternating uses from the Table of Conditional
Uses.
C. The Intent of Proposed Amendments
The intent of the proposed amendments is to streamline the review process and create an
incentive for shared parking by no longer requiring a CUP.
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DISCUSSION (continued):
D. Alternating Uses and Shared Parking
The term shared parking is not used or defined in the Town Code. The Town Code uses the
term alternating uses to describe both alternating use of parking and shared parking.
Staff recommends replacing the term alternating use with the term shared parking, which
is a commonly used term.
The Town Code [Section 29.10.145 (e)] allows alternating use of parking where some uses
generate parking demands primarily during hours when the remaining uses are closed.
This could be on the same property or on different properties.
E. Fees and Process
A CUP application requires a fee of $7,124.67 and the average processing time is between
two and four months. A discretionary CUP application requires public noticing, a public
hearing, and an appeal process.
A ministerial Shared Parking Permit, in contrast, would require a deposit of $1,000.00 to
cover time and materials and the required submittal information and documents, which
could be processed in less time than a CUP.
F. Local Jurisdictions
Most of the local jurisdictions surveyed (as shown in the table on the following page)
process shared parking through a CUP process or include the request with a discretionary
development application. The Cities of Campbell and Sunnyvale provide a ministerial
permit process for shared parking.
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DISCUSSION (continued):
G. Existing Alternating Use Conditional Use Permits
The Town has approximately 12 approved Conditional Use Permits for Alternating Uses.
PUBLIC COMMENTS:
No public comments have been received as of the writing of this report.
LOCAL JURISDICTIONS
SHARED PARKING PROCESS
City Ministerial
Permit Process
Fees Additional information
Campbell Yes $991.00 Tenant-by-tenant Parking
Modification Permit required
Los Gatos No $7,124.67 CUP required
Milpitas No $3,000.00 CUP required with a ‘Reciprocal
Parking Agreement’
Mountain View No $3,858.00 CUP required
Palo Alto No
N/A Parking Adjustment required as
part of a mixed use development
application
Santa Clara No $5,108.00 CUP required
Saratoga No $4,400.00 CUP required
Sunnyvale Yes $152.50 Miscellaneous Permit required
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CONCLUSION:
A. Recommendation
Based on the direction of the Town Council Policy Committee, staff recommends that the
Planning Commission review the information included in the staff report, and forward a
recommendation to the Town Council for approval. The Commission should also include
any comments or recommended changes to the draft Ordinance and the Table of
Conditional Uses in taking the following actions:
1. Make the finding that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act [Section 15061 (b) (3)] (Exhibit 1);
2. Make the required finding that the amendments to the Town Code (Zoning Regulations)
regarding Shared Parking are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the proposed
amendments to Chapter 29 of the Town Code regarding shared parking.
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code with modifications; or
2. Forward a recommendation to the Town Council for denial of the proposed
amendments to Chapter 29 of the Town Code; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings (one page)
2. Town Council Policy Committee Minutes, February 15, 2018, (three pages)
3. Draft Amendments to Chapter 29 of the Town Code (two pages)
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EXHIBIT 1
PLANNING COMMISSION – January 23, 2019
REQUIRED FINDINGS:
TOWN CODE AMENDMENT APPLICATION A-18-002
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding shared
parking.
FINDINGS
Required Findings for CEQA:
It has been determined that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act, Section 15061 (b)(3).
Required Findings for General Plan:
The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 03/15/2018
ITEM NO: 1
MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE MEETING
FEBRUARY 15, 2018
The Town Council Policy Committee of the Town of Los Gatos conducted a Special Meeting on
Thursday, February 15, 2018, at 10:00 a.m.
MEETING CALLED TO ORDER AT 10:00 A.M.
ROLL CALL
Members Present: Rob Rennie, Marcia Jensen
Staff Present: Laurel Prevetti, Town Manager; Joel Paulson, Community Development Director;
Monica Renn, Economic Vitality Manager
VERBAL COMMUNICATIONS
Catherine Somers, Los Gatos Chamber of Commerce Executive Director
- Requested clarification if it would be a violation of the Brown Act to have all Council
Members at a community meeting or workshop held by the Chamber.
OTHER BUSINESS
1.Approval of February 15, 2018 Council Policy Committee Draft Minutes.
Approved.
2.Discuss Next Steps for Economic Vitality Initiatives
Monica Renn, Economic Vitality Manager, presented the staff report.
Catherine Sommers
- Commented that employee parking and seats to parking policy are two separate, unrelated
issues
Sue Farwell
- Commented on streamlining the process by clarifying definitions for formula retail and
other items; placing a square foot limit for a formula retail store; making sure that a
formula store is an “anchor” store; and using the fire code to address the seats to parking
issue.
Randy Chen
EXHIBIT 2
PAGE 2 OF 3
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE
MEETING OF JANUARY 22, 2018
DATE: JANUARY 23, 2018
- Commented that seats to parking and employee parking complement each other but are
two separate things; encouraging shared parking; possibly using the Almond Grove for
employee parking; limiting the additional conditions put on CUPs; streamlining the process
or lower the cost for independent retailers compared to formula retail; and reducing the
time to process a CUP.
Patty Rice
- Commented on employee parking being a larger priority than seats to parking because it
affects every business.
Alex Hult
- Commented on parking zones based on highest demand including an unlimited parking
area that would be available for employee parking; shared parking liability; the market will
dictate what works; and bringing in bigger, more well-known brands will help the smaller
shops because they will draw people into Los Gatos.
Kevin Youkilis
- Commented on shared parking; Los Gatos is missing needs offerings for millennials; the
high cost of Conditional Use Permit (CUP)changes that prevent businesses from doing what
they want (e.g., changing the hours of operation to enable music); and opportunities to
close Gray’s Lane and program it with corn hole and fun activities.
After discussion, the Committee’s direction was to:
Compile a package of definitions and bring them back to Policy Committee for
discussion:
- Definition package that captures:
Minor Restaurant
Major Restaurant
Specialty Retail
- Consolidate Definitions
- Alcohol per ABC
- Formula Package
- Explanation of the ABC density, what are the limits based on ABC density
Bring forward a Code amendment to Planning Commission and Town Council to
deregulate and create an incentive for shared parking by no longer requiring a CUP.
Bring forwarded to the Council the Code amendment that would modify parking
requirements for restaurants to the Fire Code as it has already been considered by the
Planning Commission.
PAGE 3 OF 3
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE
MEETING OF JANUARY 22, 2018
DATE: JANUARY 23, 2018
ADJOURNMENT
The meeting adjourned at 11:38 a.m.
Prepared by: Attest:
_____________________________________ ____________________________________
/s/Shannon Lombardo, Deputy Clerk /s/ Shelley Neis, Clerk Administrator
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DRAFT AMENDMENTS TO CHAPTER 29 OF TOWN CODE REGARDING SHARED PARKING
**Note: Underlined text is new language.
DIVISION 4. PARKING
Sec. 29.10.145. Requirements generally. …..
(f)Spaces for one use only. An off-street parking space for one (1) use shall not be considered to
provide a required off-street parking space for any other use, except in the case of an Shared Parking
Permit alternating use approved by the Community Development Director deciding body as hereinafter
provided. …..
Sec. 29.10.150. Number of off-street spaces required. …..
(e)Alternating usesShared parking. Where uses are required by this division to be served by off-street
parking spaces, and where some of the uses generate parking demands primarily during hours when the
remaining uses are closed, alternating use shared parking of the space is allowed, but only if specifically
authorized by the Community Development Director conditional use permit. Issuance of the a Shared
Parking Ppermit must be supported by findings that the shared parking alternating use of such spaces
will not result in the effective provisions of fewer off-street parking spaces than required by this division.
The permit may contain such conditions as are necessary to assure the facts found will continue to exist,
including:
(1) Submission of satisfactory statements by the party or parties providing the proposed
alternating shared parking, describing the users and their times of operation where applicable,
and showing the absence of conflict between them;
(2) Written agreements between the parties setting forth the terms and conditions under which
the off-street shared parking spaces will be operated; including; location, number of spaces,
and times of operation where applicable;
(3) Documents showing maintenance provisions; and
(4) Other documents or commitments deemed necessary.
Whenever shared off-street parking spaces are authorized to serve multiple alternating uses, the
number of spaces required shall be based upon the use which generates the largest number required. …..
EXHIBIT 3
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Sec. 29.20.185 Table of Conditional Uses
…..
(7) Automotive (Vehicle sales,
service and related activities)
RC HR R1 RD R-M R-1D RMH O C-1 C-2 CH LM CM
j. Alternating use of offstreet
parking spaces
x x x x x x x x x x x
k.j. Recreational vehicle and
equipment storage yard
x x x
l.k. Temporary auto storage for
automobile dealers
x x x x x x x x x x x x
m.l. Parking lots that serve nearby
commercial use located on a
previously unimproved
property in the R-1:12 zone
on an arterial street
x
n.m. Sales, service, and repair of
electric vehicles as set forth
in Section 29.10.020
x
…..
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