01 Staff Report - Zoning Ordinance Establishing Personal Service Business Regulations
DATE: COUNCIL AGENDA REPORT May 4, 2004 MEETING DATE: ITEM NO. I 5/17/04 TO: FROM: SUBJECT: ORRY P. KORB, TOWN ATTORNEyG\> ADOPT ORDINANCE AMENDING
THE ZONING ORDINANCE OF THE TOWN CODE ESTABLISHING PERSONAL SERVICE BUSINESS REGULATIONS IN SECTIONS 29.10.020, -29.20.185,.29.20.190 AND 29.60.320 RECOMMENDATION: 1. 'Adopt ordinance
that was introduced at the Council meeting ofMay 3,2004. 2. Instruct the Clerk to either: (a) publish the ordinance within 15 days after adoption, or (b) publish a summary no more than
15 days after adoption (if summary published before adoption). DISCUSSION: On May 3,2004, Council introduced Attachment, which amends Town Code section 29.10.020; 29.20.185, 29.20.190
and 29.60.320 concerning personal service businesses. Attachment Distribution: John Lochner, 150 Creffield Heights, Los Gatos, CA 95030 Shirley Henderson, 264 Los Gatos Boulevard, Los
Gatos, CA 95030 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY' OPK:LMBIwp [N:\ATYlPcrs-Serv.Amend.TCR.wpd] Reviewed by: own \'S:s . Finance Rev: 5/4/04 11:58 am Reformatted:
7/19/99 Assistant Town Community Development Clerk File# 301-05
similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type ofoffice use. Retail use means providing
on site sales directly to the consumer for consumer Or household use, including but not limited to the following: small marketslbusinesses which sell meat, vegetables, dairyproducts,
baked goods, candy and/or other food products, household cleaning and maintenance products, cards, stationary, notions, books, cosmetics, specialty items, hobby materials, toys, household
pets and supplies, apparel,jewelry, fabrics, cameras, household electronic equipment, CD music and movies, sporting equipment, kitchen utensils, home furnishings, home appliances, art
supplies and framing, aI;t work, antiques, paint, wallpaper, carpet, floor covering, office supplies, musical inStrulnents, hardware, homeware, computers and related equipment/supplies,
bicycles, automotive parts and accessories (excluding service and installation), and flowers, plants andgarden supplies (excluding nurseries). Retail sales that are incidental to the
primary use will not satisfy this definition. SECTION II Town Code Section 29.20.185 (1) is amended to read as shown iIi Exhibit A attached hereto. SECTIONIII Town Code section 29.20.190
(b) is amended to read as follows: (b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a formula retail business or a
personal service business if any of the following findings are made: (1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan
and the purposes ofthis chapter; (2) The proposed use will detract from the existing balance and diversity ofbusinesses in the commercial district in which the use is proposed to be
located; (3) The proposed use would create an over-concentration ofsimilar types ofbusinesses, or; (4) The proposed use will detract from the existing land use mix and highurban design
standards including uses that promote continuous pedestrian circulation and economic vitality. SECTION IV Town Code sections 29.60.320 (a) (2) and (a) (3) are deleted. SECTION V Town
Code section 29.60.320 (b) is amended to read as follows: Page 2 of 4
ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE ESTABLISHING PERSONAL SERVICE BUSINESS REGULATIONS IN SECTIONS 29.10.020, 29.20.185, 29.20.190
AND 29.60.320 WHEREAS, the Town ofLos Gatos seeks to preserve its unique mix ofbusinesses in the downtown that contribute to its economic success; and WHEREAS, the Town of Los Gatos
general plan contains numerous goals, policies and implementing strategies intended to preserve its unique retail environment; and WHEREAS, concerns have been raised in the community
regarding potential detrimental impacts of additional Personal Service Businesses in the central business district including but not limited to, location, parking, traffic circulation,
and land use mix; and WHEREAS, the Town of Los Gatos zoning regulations do not provide a definition of "Personal Service Business" nor does it contain adequate ways to regulate potential
negative impacts associated with them; and WHEREAS, an increase in the number of Personal Service Businesses potentially threatens the Town's unique retail environment by their ability
to displace retail businesses and may reduce the attractiveness ofthe Central Business District to retail consumers, and ultimately may limit the ability 0 f the Central Business District
to successfully compete with other business districts in the region; and WHEREAS, the Town Council directed the Community Development Department to develop related
to Personal Service Businesses; and WHEREAS,the TownCouncil's intent in adopting this ordinance is to ensure the exercise 0 f greater control over the location ofnew personal service
businesses in order to promote high standards of urban design and careful consideration ofpedestrian circulation, compatibilitywith adjacent businesses, economic vitality and aesthetics.
THETOWNCOUNCJL OFTHE TOWNOFLOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Section 29.10.020 is amended to read as follows: Section 29.10.020 Definitions Personalservice business
means uses that predominately sellpersonal convenience services directly to the public, including but not limited to, barbers, beauty salons and related services, cosmetologists, electrolysis,
facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, nail salons, pedicurists, permanent make-up, skin and body care, piercing,
spas, tanning salons, tattooing, cleaners, dog grooming, tailors and other services of a Page 1 of 4
(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales and artist supply shops. Examples ofactivities which are not
proper in the C-2 zone are vehicle sales or service, manufacturing, warehousing, laundry or dry cleaning plants. SECTION VI Town Code section 29.60.320 (c) is amended to read as follows:
(c) Personal service businesses and office activities in the C-2 zone are subject to the following: (1) Personal service businesses maybe allowed on the ground floor in the C-2 zone
with a conditional use permit. However, personal service businesses are considered a permitted use in the areas described in Section 2 a-f below and in the remainder of the C-2 zone.
(2) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below: (a) Lyndon Avenue;
(b) . Properties abutting Wood Road; (c) The west side of Victory Lane: (d) The south side ofLos-Gatos-Saratoga Road exciuding: 1. That portion of the property located at the southwest
comer of LosGatos Saratoga Road and SailtaCruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz
Avenue and one hundred forty (140) feet west ofthat extended line. 11. The south side of Los Gatos-Saratoga Road between Santa Gruz Avenue and University Avenue; and (e) The east side
of South Santa Cruz Avenue directly across the street from Wood Road. (f) .The'north and south side ofWest Main Street west of Victory Lane. (3) Notwithstanding subsection (c)(2), office
activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180)
consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance.
a. Office activities existing on June 17, 1991; or b. Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically
stated that the building was approved for office activities. Page 3 of 4
SECTION VII Ordinance 2118 is repealed effective the 3151 day foHowing the final approval ofthis ordinance by the Town CounciL . SECTION VIII This ordinance was introduced at a regular
meeting of the Town Council ofthe Town of Los Gatos and adopted by the foHowing 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 it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK. OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ,2004. This ordinance takes effect 30
days after MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IATY\Pers-Serv.ORD. wpd.wpd Page 4 of 4
Exhibit "A" 29.20.185 Table of Conditional Uses RC HR R1 RD RM R-1D RMH 0 C-1 C-2 CH LM CM p. Personal Service Businesses X {as set forth in Section 29.60.320} N:\ATY\The Table