Attachment 41
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING SHARED PARKING
WHEREAS, The Town Council would like to streamline the process for shared parking;
and
WHEREAS, on February 15, 2018, the Town Council Policy Committee considered
economic vitality initiatives to streamline application processes for Town businesses and
directed staff to bring forward amendments to the Town Code regarding shared parking for
consideration by the Planning Commission and the Town Council; and
WHEREAS, the Planning Commission considered the proposed amendments regarding
shared parking at its meeting of January 23, 2019, and forwarded a recommendation for
approval to the Town Council; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on March 5, 2019; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Chapter 29 of the Town Code is hereby amended as follows:
ARTICLE I. 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 a Shared
Parking Permit alternating use approved by the Community Development Director deciding
body as hereinafter provided.
…..
ATTACHMENT 4
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
2
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.
…..
SECTION II
The Town Council finds and determines that:
1. The adoption of this Ordinance is exempt from the requirements of the
California Environmental Quality Act (CEQA) per CEQA Guidelines under the
General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only
to projects which have the potential for causing a significant effect on the
environment. It can be seen with certainty that the proposed Town Code text
amendments will have no significant negative effect on the environment; and
2. The amendments to Chapter 29 of the Town Code (Zoning Regulations) are
consistent with the General Plan.
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SECTION III
If any provision of this Ordinance or the application thereof to any person or
circumstances is held to be invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The Town Council
hereby declares that it would have adopted this Ord inance irrespective of the invalidity of any
particular portion thereof and intends that the invalid portions should be severed and the
balance of the ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect .
SECTION V
This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication
of the full text of the ordinance within fifteen (15) days after its passage, a summary of the
ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by
the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant
to GC 36933(c),(1).
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on March 5, 2019, 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 March 19, 2019.
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COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
N:\DEV\ORDS\2019\Shared Parking [Intro] 3-5-19.docx