Ord 2146 - Extending an urgency interim ordinance establishing a streamlined review process for a replacement facility at 15200 Los Gatos Boulevard (Los Gatos Auto Mall)ORDINANCE 2146
ORDINANCE OF THE TOWN OF LOS GATOS
EXTENDING AN URGENCY INTERIM ORDINANCE
ESTABLISHING A STREAMLINED REVIEW PROCESS FOR A REPLACEMENT
FACILITY AT 15200 LOS GATOS BOULEVARD (LOS GATOS AUTO MALL)
WHEREAS,Government Code § 65858 allows a legislative body, without following the procedure s
otherwise required prior to the adoption of a zomng ordinance, to adopt, as an urgency measure, an interim
ordinance; and
WHEREAS,the Town Council of the Town of Los Gatos did adopt such an urgency measure on
January 18, 2005; and
WHEREAS,the Town Council adopted on February 22, 2005 an extension to the urgency measur e
which expires on January 19, 2006 unless extended by the Town Council; and
WHEREAS,the zoning provisions of the Los Gatos Town Code require that developmen t
applications for automobile dealership, including architectural and site approval and conditional use permit s
applications, are approved by the Planning Commission; and
WHEREAS,the Los Gatos Auto Mall at 15200 Los Gatos Boulevard was destroyed by an explosion
on January 7, 2005; and
WHEREAS,this was an extraordinary and unfortunate occurrence; and
WHEREAS,the Los Gatos Auto Mall is an important business to the Town and its residents an d
is a business that generates critical sales tax revenue for the Town; and
WHEREAS,the Auto Mall parcel is located at the intersection of Lark Avenue and Los Gato s
Boulevard which is a gateway to the Town; and
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WHEREAS, the Town desires to expedite the development review process for a replacement aut o
mobile dealership facility at 15200 Los Gatos Boulevard so long as the application meets specifie d
parameters;
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:
1.Interim Ordinance.During the term of this Interim Ordinance, the Town's Development
Review Committee shall have the authority to approve all development applications for an automobil e
dealership at 15200 Los Gatos Boulevard including, but not limited to architectural and site approval,
conditional use permit, and variance applications, so long as the applications meet all of the followin g
criteria:
a.A public hearing will be held by the Development Review Committee and noticed in the
same manner as for a Planning Commission hearing.
b.The new building shall be similar in size to the previously existing building. A minor amount
of additional floor area maybe approved. The additional floor area shall not generate mor e
than a minor traffic impact as defined by the Town Traffic Impact Policy.
c.The location of the new building shall have a similar setback from the rear property line as
the previously existing structure
d.The height of the new building shall be similar to or less than the height of the previous
structure. The new building may contain a second floor.
e
The new facility may include an underground parking garag e
f.The facility shall contain the same uses as previously existed. Auto repair uses may not be
approved under this process.
g.The proposal shall be consistent with the Commercial Design Guidelines
h.The replacement facility shall demonstrate architectural excellenc e
i.The new facility may be a franchised auto dealer
j.The applicant shall demonstrate early neighborhood involvement during the design process.
Any decision of the Development Review Committee under the authority granted by this Ordinanc e
may be appealed to the Town Council in the same manner as specified by Section 29.20.275 et seq. of the
Town Code for appeals of Planning Commission decisions to the Town Council.
2.
Findings.
a.
The Town of Los Gatos General Plan contains Goals and Policies encouraging a full
range of commercial uses that preserve the Town's economic vitality while mamtaimng the unique character
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of Los Gatos. For example, Goal L.G.5.2 is to maintain an "economically stable community withi n
environmental goals."
b.The General Plan contains specific Policies addressing automobile dealerships in
which the Town will "retain and enhance auto dealerships" and "auto related uses currently existing shall be
allowed to remain indefinitely."
c.The Town's Economic Vitality Program addresses the importance of automobil e
dealerships to the Town in terms of retail opportunities for residents, jobs, and sales tax. The Program states
that the Town will assist dealerships to make improvements to their facilities while remaining sensitive to
surrounding neighborhoods.
d.The site is located at a highly visible location at a gateway intersection to the Town.
Reconstruction of the site, consistent with the Town's Draft Commercial Design Guidelines and in a timely
manner, will provide needed improvements to a gateway site.
e.Should the business and property owners be unable to reconstruct the automobile
dealership on the site in an expedited fashion such as established by the Ordinance, the business owner ha s
informed the Town that they may be forced to relocate to another jurisdiction. As a result, the Town woul d
incur a loss of sales tax revenue in this fiscally challenging period. This situation represents a current and
immediate threat to the public health, safety, and welfare in that the Los Gatos Auto Mall is a leading sales
tax generator and its continued operation in Los Gatos is critical to the fiscal health of the Town. The
development review process described in the Interim Ordinance would ensure the more expeditious revie w
of a proposed replacement facility.
f.Town Council issued a written report as required by Government Code § 65858 (d).
3.
Term.This Interim Ordinance shall expire January 18, 2007.
4 Report.At least 10 days prior to expiration of this Interim Ordinance, the Town Council shal l
issue a written report pursuant to Government Code § 65858 (d) describing the measures taken to alleviat e
the conditions which have led to the adoption of this Interim Ordinance.
5.Severability.If any part of this Interim Ordinance is held to be invalid or inapplicable to any
situation by a court of competent jurisdiction, such decision shall not affect the validity of the remainin g
portions of this Interim Ordinance or the applicability of this Interim Ordinance to other situations.
6.Posting.Within 15 days after its passage, the Town Clerk shall cause this Interim Ordinance
to be published once in a newspaper of general circulation published and circulated in the Town and poste d
in at least three public places within the Town.
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This Interim Ordinance was passed and adopted at a regular meeting of the Town Council of th e
Town of Los Gatos on December 19, 2005, and adopted by at least a four-fifths (4/5) vote of the Town
Council as follows:
COUNCIL MEMBERS:
AYES:
Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman,
Mayor Diane McNutt.
SIGNED:
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
)GM MA(,-d-
MAYOR OF THE TOWN OF LOS GATO S
LOS GATOS, CALIFORNIA
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