Ord 1682 - AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1679 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. 1682
AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1679
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 extend Ordinance No. 1679 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 extend Ordinance No. 1679 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 opporti.inity to
assess parking problems outside the Central Business District and
to review amendments to the General Plan, Downtown Specific Plan
and Zoning Ordinance.
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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 within 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 3, 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 if the property is located within the Central Business District or
March 3, 1988 if the property is located outside the Central Business District.
SECTION III.
This ordinance shall take effect immediately and shall be of no further
force and effect after March 3, 1988.
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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 introduced and 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 Anril 7th , 1986.
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Brent
N. Ventura, and Mayor Terrence J. Daily
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS Thomas J Ferritn
ABSENT: COUNCILMEMBERS None
SIGNED: /as► -poi
MAYOR OF THE TOWY OF LOS GA
ATTEST:
Clerk of the Town of Los Gat
PLNOI:TC 4/7 #7