Item 3 - Staff Report.Vehicle Sales
PREPARED BY: Sean Mullin, AICP
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/27/2020
ITEM NO: 3
DATE: May 22, 2020
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council for Approval of
Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding
Vehicle Sales, Town Wide. Town Code Amendment Application A-20-003.
Applicant: Town of Los Gatos
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding vehicle sales.
CEQA:
The proposed project is 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 amendments to Chapter 29 of the Town Code will
have a significant effect on the environment.
FINDINGS:
▪ As required, the project is exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15061(b)(3); and
▪ The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
Sections 29.20.180 through 29.20.200 of the Town Code regulate conditional uses. The Table
of Conditional Uses in Section 29.10.185, requires approval of a Conditional Use Permit (CUP)
for new vehicle sales and rental in the C-2, LM, and CH zones. Additionally, used vehicle sales
are allowed with approval of a CUP in the C-2, LM, and CH zones only when their sale is
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SUBJECT: Vehicle Sales
DATE: May 22, 2020
BACKGROUND (continued):
incidental to new vehicle sales and rental. Standalone used vehicle sales are not currently
allowed as a permitted or conditional use in any zone.
The Town was approached by a business seeking to locate a standalone used vehicle sales
business in the C-2 zone. Given the unique business model proposed by the business owner,
staff forwarded the issue to the Town Council Policy Committee to seek input and direction on
the appropriateness of standalone used vehicle sales in commercial and industrial zones.
On January 28, 2020, the Policy Committee discussed the matter and recommended that
standalone used vehicle sales be allowed with an approved CUP for vehicle sales and rental in
the C-2, LM, and CH zones (Exhibit 2). The Policy Committee recognized that vehicle sales
would continue to require a CUP, and that the Planning Commission would consider whether a
vehicle sales and rental use at a specific site is appropriate or not when reviewing the CUP
application.
DISCUSSION:
A. Amendments to the Town Code
The Policy Committee recommended that the Town Code be amended to allow standalone
used vehicle sales with an approved CUP for vehicle sales and rental in the C-2, LM, and CH
zones. Section 29.20.185, Table of Conditional Uses would be amended by striking “new”
from the new vehicle sales and rental category and eliminating the used vehicle sales
category. This change would eliminate the distinction between new and used vehicle sales,
allowing standalone used vehicle sales in the C-2, LM, and CH zones with an approved CUP.
TABLE OF CONDITIONAL
USES RC HR R1 RD R-M RMH R-1D O C-1 C-2 CH LM CM
(7) Automotive (Vehicle sales, services, and related activities)
a. New vVehicle sales
and rental
X X X
b. Used vehicle sales
only incidental to
new vehicle sales
and rental. Reserved
X X X
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SUBJECT: Vehicle Sales
DATE: May 22, 2020
DISCUSSION (continued):
B. Public Outreach
Public input has been requested 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.
PUBLIC COMMENTS:
At this time, the Town has not received any public comments.
CONCLUSION:
A. Recommendation
Based on the direction of the 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 of the amendments to Chapter 29 of the
Town Code in the draft Ordinance. The Commission should also include any comments or
recommended changes to the draft Ordinance in taking the following actions:
1. Make the finding that the proposed project is exempt, pursuant to the adopted
Guidelines for the implementation of the California Environmental Quality Act, Section
15061 (b) (3), in that there is no possibility that the amendments to Chapter 29 of the
Town Code in the draft Ordinance will have a significant effect on the environment
(Exhibit 1);
2. Make the finding that the amendments to Chapter 29 of the Town Code in the draft
Ordinance are consistent with the General Plan (Exhibit 1);
3. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code in the draft Ordinance (Exhibit 3).
PAGE 4 OF 4
SUBJECT: Vehicle Sales
DATE: May 22, 2020
CONCLUSION (continued):
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the draft Ordinance
with modifications; or
2. Forward a recommendation to the Town Council for denial of the draft Ordinance; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings
2. January 28, 2020, Town Council Policy Committee Report
3. Draft Ordinance