09 Staff Report
PREPARED BY: Sean Mullin, AICP
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/04/2020
ITEM NO: 9
DATE: January 28, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Town Code Amendment Application A-19-010. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding land use and economic vitality streamlining related to formula
retail businesses in the downtown C-2 zone, restaurants, minor exterior
modifications to commercial buildings, and group classes.
RECOMMENDATION:
Consider the proposed amendments and introduce the draft Ordinance by title only to amend
Chapter 29 (Zoning Regulations) of the Town Code regarding land use and economic vitality
streamlining related to formula retail businesses in the do wntown C-2 zone, restaurants, minor
exterior modifications to commercial buildings, and group classes (Attachment 3).
EXECUTIVE SUMMARY:
Five resolutions were adopted by the Town Council temporarily suspending certain sections of
the Town Code in an effort to promote community vitality and encourage land use streamlining
(Attachment 4, Exhibit 2). Set to sunset in December of 2019, the Town Council extended the
temporary resolutions on November 5, 2019 until such time that Town Code amendments may
be adopted memorializing the streamlining efforts (Attachment 4, Exhibits 3 and 4). On
January 8, 2020, the Planning Commission forwarded a recommendation to the Town Council
of approval with modifications of the amendments necessary to memorialize the temporary
streamlining efforts with revisions (Attachment 6).
PAGE 2 OF 5
SUBJECT: Land Use and Economic Vitality Streamlining
DATE: January 28, 2020
BACKGROUND:
The Town Council has an adopted strategic priority that promotes community vitality and
encourages land use streamlining efforts. Since the adoption of this priority, staff has been
working with the Town Council and Council Policy Committee to identify an d streamline many
of the business-related processes to reduce the associated time and cost. As part of the
adopted streamlining efforts, five temporary resolutions were adopted by the Town Council
and were set to sunset in December of 2019. These streamlining efforts temporarily reduced
processing time and cost for applications related to new formula retail businesses in the
downtown C-2 zone, modifying existing or establishing new Conditional Use Permits (CUP) for
restaurants, minor exterior modification s to commercial buildings, and CUPs for group classes
in the downtown C-2 zone.
With these temporary Resolutions set to sunset in December of 2019, the Town Council voted
on October 1, 2019 to memorialize them through Town Code amendments (Attachment 4,
Exhibit 2). On November 5, 2019, the Town Council adopted Resolution 2019-051 extending
the temporary streamlining efforts until such time that the Town Code amendments may be
adopted (Attachment 4, Exhibits 3 and 4).
On January 8, 2020, the Planning Commission considered the Town Code amendments
necessary to making the streamlining efforts permanent and forwarded a recommendation to
the Town Council of approval with modifications, clarifying that the definition of group classes
should not include schools as defined in the Town Code. Attachment 3 includes the draft
Ordinance, incorporating the one change recommended by the Planning Commission.
Attachment 6 includes the verbatim minutes for the January 8, 2020 Planning Commission
meeting.
DISCUSSION:
A. Summary of the Draft Ordinance
Following is a high-level summary of how the streamlining efforts have been utilized and
a summary of the necessary amendments to the Town Code. A thorough discussion of
these topics is included in the report to the Planning Commission included as
Attachment 4.
• Formula Retail Businesses in the Downtown C-2 Zone (resolution adopted June 5,
2018): The Town Council adopted a temporary 18-month resolution allowing up to
five new formula retail businesses in the downtown C-2 zone that do not have a
current CUP.
PAGE 3 OF 5
SUBJECT: Land Use and Economic Vitality Streamlining
DATE: January 28, 2020
DISCUSSION (continued):
The draft Ordinance would allow formula retail businesses up to 6,000 square feet in
the downtown C-2 zone by right. Unlike the temporary resolution, the draft
Ordinance would not limit the number of formula retail businesses in the downtown
C-2 zone or impose a limited timeframe.
• Restaurants
o Restaurant CUP modifications at the Development Review Committee (DRC)
(adopted June 19, 2018): The Town Council adopted a temporary 18-month
resolution allowing current restaurants to modify their existing CUP at the DRC.
Many of these businesses chose to modify their CUP to allow them to participate
in the pilot parklet program as the former language in their CUP prohibited
outdoor dining.
o New restaurant CUPs to be heard at the DRC and suspension of Ordinance
2021 (adopted March 5, 2019): The Town Council adopted a temporary
resolution, valid through December 31, 2019, allowing a new CUP for a
restaurant, Town-wide, to be heard by the DRC. To make this possible,
Ordinance 2021 was also suspended for the same period.
The draft Ordinance would rescind Ordinance 2021 and allow modifications to an
existing CUP or establishment of a new CUP for a restaurant to be heard by the DRC.
• Minor Exterior Modifications to Commercial Buildings (adopted March 5, 2019):
The Town Council adopted a temporary resolution, valid through December 31,
2019, allowing minor exterior modifications to commercial buildings to be processed
as building permits, rather than as Architecture and Site applications at the DRC.
The draft Resolution in Attachment 2 would rescind Resolution 2005-038. The draft
Ordinance would allow exterior modifications to commercial buildings to be
processed as building permits.
• Group Classes (adopted March 19, 2019): The Town Council adopted a temporary
resolution, valid through December 31, 2019, allowing a CUP for group classes
within the downtown C-2 zone to be heard by the DRC, and group classes in other
commercial zones to be allowed by right with a Certificate of Use and Occupancy
and a Business License.
PAGE 4 OF 5
SUBJECT: Land Use and Economic Vitality Streamlining
DATE: January 28, 2020
DISCUSSION (continued):
The draft Ordinance would allow a CUP for group classes in the downtown C-2 zone
to be heard by the DRC and allow group classes in other commercial zones to be
allowed by right with a Certificate of Use and Occupancy and a Business license.
B. Public Outreach
In addition to the required legal noticing, staff requested public input through the
following media and social media resources:
• A poster at the Planning counter at Town Hall;
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s Next Door page.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that the amendments to Chapter 29 of the
Town Code in the draft Ordinance will have a significant impact on the environment;
therefore, the project is not subject to the California Environmental Quality Act [Section
15061 (b) (3)] (Attachment 1);
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
draft Ordinance are consistent with the General Plan (Attachment 1);
3. Adopt the draft Resolution rescinding Resolution 2005-038 (Attachment 2); and
4. Introduce the draft Ordinance effecting the amendments to Chapter 29 of the Town Code
regarding land use and economic vitality streamlining related to formula retail businesses in
the downtown C-2 zone, restaurants, minor exterior modifications to commercial buildings,
and group classes (Attachment 3), by title only, with any specific changes identified and
agreed upon by the majority of the Town Council.
PAGE 5 OF 5
SUBJECT: Land Use and Economic Vitality Streamlining
DATE: January 28, 2020
ALTERNATIVES:
Alternatively, the Town Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer this item back to the Planning Commission with specific direction; or
3. Take no action, leaving the Town Code unchanged.
ENVIRONMENTAL ASSESSMENT:
There is no possibility that the project would have a significant impact on the environment;
therefore, the project is not subject to the California Environmental Quality Act [Section
15061(b)(3)].
PUBLIC COMMENTS:
Attachment 7 includes public comments received between 11:01 a.m., January 8, 2020 and
11:00 a.m., January 30, 2020.
ATTACHMENTS:
1. Findings
2. Draft Resolution
3. Draft Ordinance
4. January 8, 2020 Planning Commission Staff Report (with Exhibits 1-10)
5. January 8, 2020 Planning Commission Desk Item (with Exhibit 11)
6. January 8, 2020 Planning Commission Verbatim Minutes
7. Public comments received between 11:01 a.m., January 8, 2020, and 11:00 a.m., January 30,
2020