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3�pW N O,c �411ii 1 DATE: TO: FROM: COUNCIL AGENDA REPORT NOVEMBER 8, 2012 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 11/19/12 ITEM NO: SUBJECT: ZONING CODE AMENDMENT A -12 -002. PROJECT LOCATION: 114 ROYCE STREET PROPERTY OWNEWAPPLICANT: HALLWAY PARTNERS LLC. ADOPT ORDINANCE AMENDING TOWN CODE SECTION 29.60.320 REGARDING PERMITTED USES IN THE C -2. RECOMMENDATION Adopt the attached ordinance (Ordinance 2210) amending Section 29.60.320 of the Town Code. DISCUSSION On November 5, 2012, the Council considered and voted to introduce an ordinance modifying Section 29.60.320 of the Town Code regarding permitted uses within the C -2 zone. The amendment is specifically to permit office and or personal service uses in the rear tenant spaces at 114 Royce Street. Adoption of the ordinance would finalize that decision. Attachment 1 is the final ordinance. ATTACHMENTS: 1. Ordinance 2210 Distribution: Hallway Partners LLC, 1777 Saratoga Avenue, Suite 209, San Jose, CA 95129 TC:MM:ct PREPARED BY: Todd Capurso, Acting Director of Community Development Reviewed by: 4Assistant Town Manager Town Attorney Finance N:\DEV \TC REPORTS\2012\A -12 -002 [2nd Rdg].docx Reformatted: 5/30/02 THIS RAGE INTENTIONALLY LEFT BLANK ORDINANCE 2210 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.60,320 OF THE TOWN CODE REGARDING PERMITED USES IN THE C -2 ZONE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: WHEREAS, this matter was introduced by the Town Council for public hearing on November 5, 2012, and was regularly noticed in conformance with State and Town law. WHEREAS, the applicant seeks to amend Section 29.60.320 of the Town Code regarding permitted uses within the C -2 zone. WHEREAS, the restrictions placed on the C -2 zoning (Los Gatos Town Code Section 29.60.320) were intended to protect prime retail locations and facilitate the flow of pedestrian traffic within the Central Business District, WHEREAS, Section 29.60.320 has been amended on occasion to include areas subject to exceptions for office and personal services uses on the ground floor of certain buildings due to their unique location or characteristics. WHEREAS, the Planning Commission considered the request to amend Section 29.60.320 of the Town Code and recommended to the Town Council approval of the draft Ordinance. WHEREAS, based on the information presented at the hearing, the Planning Commission considered that the rear suites are not viable prime retail spaces due to the limited visibility. WHEREAS, the amendment is consistent with the General Plan and the intent of the Town Code restricting these uses within the C -2 zone. ATTACH. %IENT 1 SECTION I Town Code Chapter 29 is hereby amended to read as follows: See. 29.60.320. - Permitted uses. (c) Personal service businesses and office activities in the C -2 zone are subject to the following: (1) Personal service businesses may be 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 subsection (2) a-4 g 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 of Los - Gatos - Saratoga Road excluding: That portion of the property located at the southwest corner of Los -Gatos Saratoga Road and Santa Cruz 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 of that extended line. ii. The south side of Los Gatos - Saratoga Road between Santa Cruz 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 of West Main Street west of Victory Lane. g. Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have streetfrontage. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 5, 2012, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on November 19, 2012. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N: \DEV \ORDS \A- 12- 02.doc Ihi� Page Intentionally Left Blank