Item 4 - Staff Report.Parking Assessment District Amendment A-19-006
PREPARED BY: Jocelyn Shoopman
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: 08/14/2019 ITEM NO: 4
DATE: August 5, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Town Code Amendment Application A-19-006. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding Parking Assessment District regulations.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of the amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding the Parking Assessment District regulations.
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 this project 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
The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Potential amendments to the regulations for the Parking Assessment District was one of the
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BACKGROUND (continued):
topics identified by staff as an opportunity to streamline the land use process and costs.
Following a brief discussion, the Policy Committee provided direction to bring back the
Parking Assessment District regulations for further discussion.
On May 28, 2019, the Policy Committee reviewed potential modifications to the Parking
Assessment District regulations and recommended approval of the changes.
DISCUSSION:
Section 29.10.150 (f) of the Town Code contains the Parking Assessment District regulations.
Additionally, Section 29.10.150 (f) (5) of the Town Code states that parking spaces that are
credited in the Parking Assessment District calculation may not be eliminated.
Section 29.10.150 (f) (5) requires approval of a Variance application when commercial uses on
properties in the Parking Assessment District are converted to a residential use with less
intensive parking requirements. Recent applications have included Zone Change applications
that were approved to change the zone for a downtown property from Office: Landmark
Historic Preservation (O:LHP) to Single-Family Residential, Downtown: Landmark Historic
Preservation (R-1D:LHP) to be consistent with the General Plan Land Use designation. The
removal of existing on-site parking spaces (i.e. conversion to landscaping or construction of a
garage) would require approval of a Variance application.
The Variance application fee is currently $5,239.98 and requires Planning Commission approval,
which typically takes between two and four months. The cost and processing time for a
Variance application could be eliminated if Section 29.10.150 (f) (5) were amended.
A. Existing Town Code
Existing Town Code Section 29.10.150 (f) discusses Parking Assessment District regulations:
…..
(f) Properties in parking districts. Required spaces in parking districts shall be as follows:
(1) For any building or open-air use in a public parking district, the number of required
off-street parking spaces is:
a. None, when the gross floor area of the building and open area occupied by a use,
combined, do not exceed the area of the building and open area occupied when
the district is formed; or
b. When the area limitation in subsection (f)(1)a. is exceeded or the use is
intensified, the required number is derived only on the basis of the excess area.
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DISCUSSION (continued):
(2) The creation of a parking assessment district relieves those properties located within
the district which were nonconforming as to parking from having to supply on-site
parking spaces in accordance with subsection (b).
(3) The assessment formula was based on a number of factors that included existing
floor area, existing use, in some cases potential floor area and included credits for
existing on-site parking spaces and for participation in past assessment districts.
(4) The Planning Director shall develop a table using the floor area, parking and previous
assessment district information used to calculate the parking assessment and
translating that information into a parking credit based on the parking requirements
set forth in subsection (b).
When an application is filed to intensify the use within an existing building or to
expand an existing building, this information will be used to calculate the amount of
on-site parking, if any, that will be necessary to comply with the parking
requirements set forth in subsection (b).
(5) Any parking spaces that are credited in the parking assessment district calculation
may not be eliminated.
…..
B. Proposed Modifications
Based on the discussion above, as recommended by the Policy Committee, staff has
prepared a Draft Ordinance implementing the amendments (Exhibit 6), for the Planning
Commission’s consideration. The potential amendments, shown in strike through and
underline font in Exhibit 6, would make the following change:
• Remove the requirement for a Variance application for the removal of on-site parking
spaces when the use is changed to a residential use that does not require the amount of
on-site parking spaces.
C. 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;
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DISCUSSION (continued):
• The Town’s Instagram account; and
• The Town’s NextDoor page.
In addition, the following organizations have been contacted regarding the amendments:
• American Institute of Architects (AIA) Silicon Valley;
• Santa Clara County Association of Realtors (SCCAR); and
• Silicon Valley Association of Realtors (SILVAR).
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
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 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 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 Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Exhibit 1); and
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 6).
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.
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EXHIBITS:
1. Required Findings (one page)
2. Town Council Policy Committee Minutes, February 26, 2019 (three pages)
3. Town Council Policy Committee Report, February 26, 2019 (two pages)
4. Town Council Policy Committee Minutes, May 28, 2019 (two pages)
5. Town Council Policy Committee Report without attachments, May 28, 2019 (two pages)
6. Draft Ordinance (one page)
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