13 Attachment 2 - Draft Ordinance1 of 4
Ordinance Council Meeting Date
DRAFT ORDINANCE 2020-____
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING VEHICLE SALES
WHEREAS, Chapter 29 (Zoning Ordinance) of the Town Code of the Town of Los Gatos
regulates vehicle sales in the C-2, LM, and CH zones by requiring the approval of a Conditional
Use Permit; and
WHEREAS, Section 29.20.185 of the Town Code allows used vehicle sales only when
incidental to new vehicle sales in the C-2, LM, and CH zones with an approved Conditional Use
Permit; and
WHEREAS, the Town was approached by a used vehicle sales business seeking to locate
in the C-2 zone; and
WHEREAS, given the unique characteristics of the request, the issue was forwarded to
the Town Council Policy Committee to seek input and direction on the appropriateness of
standalone used vehicle sales; and
WHEREAS, on January 28, 2020, the Town Council Policy Committee considered the
matter and recommended that standalone used vehicle sales be allowed with an approved
Conditional Use Permit in the C-2, LM, and CH zones; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Planning Commission for public hearing on May 27, 2020; and
WHEREAS, on May 27, 2020, the Planning Commission reviewed and commented on the
proposed amendments regarding vehicle sales in the C-2, LM, and CH zones and forwarded a
recommendation to the Town Council for approval of the proposed amendments; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on June 16, 2020; and
WHEREAS, on June 16, 2020, the Town Council reviewed and commented on the
amendments to Chapter 29 of the Town Code and the Town Council voted to introduce the
Ordinance.
ATTACHMENT 2
Draft Ordinance: subject to
modification by Town Council
based on deliberations and
direction
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Ordinance Council Meeting Date
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 29 of the Los Gatos Town Code is hereby amended as follows:
ARTICLE II. DIVISION 3. APPROVALS
…..
Sec. 29.20.185. Table of Conditional Uses.
…..
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
…..
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA) and
General Plan, the Town Council finds as follows:
A. These Town Code amendments are exempt from review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the amendments to the Town Code would have a significant effect on the
environment; and
B. The amendments to the Town Code are consistent with the General Plan.
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Ordinance Council Meeting Date
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 Ordinance 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.
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Ordinance Council Meeting Date
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 16th day of June 2020 , and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the ____ day of _____ 2020 . This ordinance takes effect 30 days after it is adopted. 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).
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: __________________