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Ord 1679 - AN URGENCY INTERIM ZONING ORDINANCE EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES THAT ARE NONCONFORMING AS TO PARKINGORDINANCE NO. 1679 AN URGENCY INTERIM ZONING ORDINANCE EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES THAT ARE NONCONFORMING AS TO PARKING THE TOWN COUNCIL OF LOS GATOS HEREBY ORDAINS: SECTION I. Pursuant to Government Code Section 65858(c), the Council hereby finds that there is a current and immediate threat to the public health, safety, and welfare, and that the cessation of uses nonconforming as to parking pursuant to Section 3.50.050 of the Los Gatos Zoning Ordinance would result in a threat to public health, safety and welfare, as follows: a. The Parking Commission has recommended an Assessment District as part of a Parking Program and part of the implementation of the Parking Program requires a study by the Planning Commission to consider amendments to the General Plan, Downtown Specific Plan and Zoning Ordinance. It is considered premature to require compliance with the parking requirements established in Section 3.41.020 and 3.41.030 until such time as the Planning Commission has considered the Assessment District and the aforementioned amendments. b. The Downtown Specific Plan specifies solutions to parking in the Downtown Area, however the Parking Program that is recommended by the Parking Commission does not address the impacts outside the Central Business District. Therefore, the Planning Commission and the Parking Commission needs to assess the parking problems outside the Central Business District and an analysis of the parking problems should be completed prior to the cessation of uses nonconforming as to parking as required pursuant to Section 3.50.050(4). C. A reduction in tax receipts would occur due to increased vacancies which would create a fiscal impact to the Town resulting in a decrease in Town services. Delapidated store fronts as well as derelict buildings will contribute to increase vacancy rates and decrease property values. The majority of uses nonconforming as to parking are located in the Downtown Area which is a major focal point of the community and contains many buildings that have been designated as historic landmarks. d. It is therefore necessary to adopt an urgency interim zoning ordinance that will extend the date uses in the Central Business District which are nonconforming as to parking must cease pursuant to Section 3.50.050(4) from March 23, 1986 to March 23, 1987. The one year extension is intended to provide the Planning Commission with an opportunity to consider the formation of an Assessment District, to review amendments to the General Plan, Downtown Specific Plan and Zoning Ordinance and to assess parking problems outside the Central Business District. e. It is therefore necessary to adopt an urgency interim zoning ordinance that will extend the date uses outside the Central Business District which are nonconforming as to parking must cease pursuant to Section 3.50.050(4) from March 23, 1986 to March 23, 1988. The two year extension is intended to provide the Planning Commission and Parking Commission with an opportunity to assess parking problems outside the Central Business District and to review amendments to the General Plan, Downtown Specific Plan and Zoning Ordinance. _2- SECTION II. Notwithstanding Section 3.50.050(4), all those uses nonconforming as to parking pursuant to Section 3.41.020 and 3.41.030 and were required to comply with Section 3.50.050(4) by March 23, 1986: a. Properties with the Central Business District shall have until March 23, 1987, to vacate, cease or conform with said Section. b. Properties outside the Central Business District shall have until March 23, 1988, to vacate, cease or conform with said Section. In addition, all Zoning approvals which are conditioned to expire on March 23, 1986 unless the property is brought into compliance with the parking requirements, shall be allowed until March 23, 1987 to comply with such parking requirements. SECTION III. This ordinance shall take effect immediately and shall be of no further force and effect 45 days after adoption. - 3 - SECTION IV. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation and circulated in the Town. This ordinance was adopted by the following vote as an urgency interim zoning ordinance of the Town of Los Gatos at a regular meeting of the Town Council on March 3rd , 1966. AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Brent N. Ventura, and Mayor Terrence J. Daily NOES: COUNCItMEMBERS None ABSTAIN: COUNCILMEMBERS Thomas J. Ferrito ABSENT: COUNCILMEMBERS None SIGNED: /vra.._N, ` MAYOR OF THE TOWN OF LOS 6ATOS ATTEST: Clerk of the Town of Lo Gatos VIOL.(NONCONPRKG) - 4 -