Attachment 6
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ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.10.150 TO REVISE THE REQUIRED PARKING
REQUIREMENTS FOR RESTAURANTS
WHEREAS, one of the Town Council’s 2015-2017 strategic goals is to develop an Economic
Vitality strategic plan to evaluate opportunities that allow the Town to enhance vibrancy and
attract residents and visitors to shop, dine, and stay in Los Gatos; and
WHEREAS, since September 1, 2015, the Town Council has been considering a series of
policies and Code amendments that relate to businesses including formula retail, paid valet
parking service in downtown, a revised outdoor seating policy, policies allowing entertainment,
retail and restaurant definitions, and the relationship between parking requirements and seating
capacities in restaurants; and
WHEREAS, on December 15, 2015, the Town Council considered the potential separation of
parking requirements and seating capacities in order to promote businesses explore options that
provide businesses with the most flexibility to operate their restaurants; and
WHEREAS, on December 15, 2015 the Town Council voted unanimously to direct staff to
present options to the Planning Commission regarding potential ordinance language to decouple
parking and seats in the Code and to provide a recommendation back to the Town Council.
WHEREAS, on January 13, 2016 and March 16, 2016 the Planning Commission held a public
hearing that identified several options regarding amending the parking requirements for seating
restaurants.
WHEREAS, on March 16, 2016, the Planning Commission voted 3-2 with Chair Badame and
Commissioner Erekson opposing, Commissioners Burch and Hansen were absent to recommend
to the Town Council to decouple parking from seats, with the decoupling requiring approval of a
square foot factor used to determine how many seats/patrons were allowed in a restaurant; and
WHEREAS, on October 4, 2016 the Town Council held a public hearing considered the public
testimony, Planning Commission recommendations and reviewed the recommended ordinance
and has determined that it is in the best interest of the Town, its residents and visitors to adopt
the amendments to Section 29.10.150 of the Los Gatos Town Code.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES ORDAIN AS FOLLOWS:
SECTION I.
Los Gatos Town Code Section 29.10.150 is hereby amended to read as follows:
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Sec. 29.10.150. - Number of off-street spaces required.
(a) Intent. The regulations contained in this section are intended to insure the provision of a
sufficient number of off-street parking spaces privately and publicly owned and operated to
satisfy needs generated by permissible uses.
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor
parking space for each residential unit other than detached single -family or two-family
dwelling shall be required unless the Planning Commission makes a finding that more or
less visitor parking is necessary due to the size or type of housing unit(s). The parking
requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores and shops, restaurants, bars, taverns and nightclubs. One
(1) parking space for each three hundred (300) square feet of gross floor area.
(2) Business and professional offices, banks, financial institutions, insurance companies,
social service agencies and studios. One (1) parking space for each two hundred fifty
(250) square feet of gross floor area.
(3) Restaurant (no separate bar). One (1) parking space for each four (4) seats.
(4) Restaurant (separate bar). One (1) parking space for each three (3) seats.
(5) Bars, taverns and nightclubs. One (1) parking space for each three (3) seats.
(6) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor
area.
(7) For uses not specifically listed in this subsection the requirements shall be as set forth in
subsection (c).
(c) Outside downtown parking requirements. The number of off-street parking spaces required
for areas outside the downtown is set in this subsection. When a use is not listed in this
subsection, the Planning Director shall determine the parking requirements by analogy to the
requirements for the listed uses. In addition to other parking requirements, one visitor
parking space for each residential unit other than a detached single-family or two-family
dwelling shall be required, unless the Planning Commission makes a finding that more or
less visitor parking is necessary due to the size or type of housing unit(s).
(1) Single-family, residential condominiums and two-family dwellings. Two (2) parking
spaces for each living unit.
(2) Secondary dwelling units. Parking spaces shall be provided in addition to the required
minimum number of parking spaces for the primary dwelling unit as follows:
Interior secondary dwelling unit .....1 space
Attached secondary dwelling unit .....1 space
Detached secondary dwelling unit .....2 spaces
(3) Multiple-unit dwellings in all zones and two-family dwellings in the R-1D zone. One and
one-half (1½) times the number of living units in such dwellings.
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(4) Hotels, motels and auto courts. One (1) parking space for each guest room or suite, plus
one (1) parking space for each employee.
(5) Lodginghouses, boardinghouses. One (1) parking space for each two (2) beds in such
building, plus one (1) parking space for each employee.
(6) Hospitals. One and one-half (1½) parking spaces for each bed. For uses not specifically
listed in this subsection the requirements shall be as set forth in section 29.10.150(c).
(7) Sanitariums, convalescent homes and rest homes. One (1) parking space per two and
one-half (2½) beds.
(8) Medical or dental clinic or office. One (1) parking space for each two hundred fifty
(250) square feet of gross floor area or six (6) spaces per doctor; whichever is more
restrictive.
(9) Retail and commercial stores and shops, restaurants, bars, taverns and nightclubs. One
(1) parking space for each two hundred thirty-five (235) square feet of gross floor area.
(10) Business and professional offices, banks, financial institutions, insurance companies,
social service agencies and studios. One (1) parking space for each two hundred thirty-
five (235) square feet of gross floor area.
(11) Household furniture, appliances and furniture repair shops. One (1) parking space for
each three hundred fifty (350) square feet of gross floor area.
(12) Enclosed automobile or machinery sales. One (1) parking space for each four hundred
seventy (470) feet of gross floor area.
(13) Open sales areas. Two (2) parking spaces for each employee.
(14) Service stations and auto repair and auto service businesses. Two (2) parking spaces
for each grease rack or working bay, plus one (1) parking space for each employee.
(15) Public eating establishments, taverns, and nightclubs. One (1) parking space for each
three (3) seats in such public eating establishments, taverns or nightclubs.
(16) Wholesale establishments and warehouses. One (1) parking space for each two
thousand three hundred fifty (2,350) square feet of gross floor area, plus one (1) parking
space for each company vehicle used in the operation of such establishment or
warehouse.
(17) Manufacturing plants, machine shops, research or testing [laboratories, bottling
plants] and printing plants. One (1) parking space for each one and one-half (1½)
employees, plus one (1) parking space for each company vehicle used in the operation
of such plant, shop or laboratory.
(18) Funeral homes and mortuaries. One (1) parking space for each [seven hundred (700)
square feet of gross] floor area, plus one (1) parking space for each employee and one
(1) parking space for each company vehicle used in the operation of such home or
mortuary.
(19) Community centers and libraries. One (1) parking space for each [five hundred ninety
(590) square feet of] gross floor area, plus one (1) parking space for each employee.
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(20) Post offices. One (1) parking space for each two hundred thirty-five (235) square feet of
gross floor area, plus one (1) parking space for each employee, and one (1) for each
official vehicle.
(21) Private clubs and lodges. One (1) parking space for each three hundred fifty (350)
square feet of gross floor area, plus one (1) parking space for each three hundred fifty
(350) square feet of outside areas employed for purposes of assembly and meeting by
the members and guests of such clubs and lodges, plus one (1) parking space for each
five hundred ninety (590) square feet of outside areas developed for recreational
purposes, such as gardens, swimming pools, park areas and assembly areas, excepting
golf course playing area and similar field sports.
(22) Elementary schools. One (1) parking space for each employee, and if such school has an
auditorium there shall be one (1) parking space for each three and one-half (3½) fixed
seats in such auditorium, plus one (1) parking space for each six (6) linear feet of fixed
benches therein, or one (1) parking space for each thirty-five (35) square feet of gross
floor area in such auditorium.
(23) Intermediate or junior high schools. One (1) parking space for each employee, and if
such school has an auditorium there shall be one (1) parking space for each three and
one-half (3½) fixed seats in such auditorium, plus one (1) parking space for each six (6)
linear feet of fixed benches therein, or one (1) parking space for each thirty-five (35)
square feet of gross floor area in such auditorium.
(24) High schools. One (1) parking space for each employee, plus one (1) park ing space for
each seven (7) students in such high school and if such school has an auditorium there
shall be one (1) parking space for each three and one-half (3½) fixed seats in such
auditorium plus one (1) parking space for each six (6) linear feet of fixed benches
therein, or one (1) parking space for each thirty-five (35) square feet of gross floor area
in such auditorium.
(25) Colleges. One (1) parking space for each employee, plus one (1) parking space for each
three (3) students in such college, and if such college has an auditorium, there shall be
one (1) parking space for each three and one-half (3½) fixed seats in such auditorium,
plus one (1) parking space for each six (6) linear feet of fixed benches therein, or one
(1) parking space for each thirty-five (35) feet of gross floor area in such auditorium.
(26) Churches. One (1) parking space for each four (4) seats in each building used
separately, or together with any other building, for worship.
(27) Bowling lanes. Seven (7) parking spaces for each lane in each establishment.
(28) Auditorium, theaters, sports arenas, stadiums and assembly halls, with or without fixed
seats. One (1) parking space for each three and one-half (3½) fixed seats on such
premises, plus one (1) parking space for each six (6) linear feet of fixed benches on the
premises, or one (1) parking space for each thirty-five (35) square feet of gross floor
area.
(d) Handicapped spaces. Handicapped spaces provided in compliance with State or local
regulation shall be counted in determining the number of spaces provided in meeting the
requirements of this chapter.
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(e) Alternating uses. Where uses are required by this division to be served by off-street parking
spaces, and where some of the uses generate parking demands primarily during hours when
the remaining uses are closed, alternating use of the space is allowed, but only if specifically
authorized by conditional use permit. Issuance of the permit must be supported by findings
that the alternating use of such spaces will not result in the effective provisions of fewer off-
street parking spaces than required by this division. The permit may contain such condi tions
as are necessary to assure the facts found will continue to exist, including:
(1) Submission of satisfactory statements by the party or parties providing the proposed
alternating parking, describing the users and their times of operation, and showing the
absence of conflict between them;
(2) Written agreements between the parties setting forth the terms and conditions under
which the off-street parking spaces will be operated;
(3) Documents showing maintenance provisions; and
(4) Other documents or commitments deemed necessary.
Whenever off-street parking spaces are authorized to serve alternating uses, the number of spaces
required shall be based upon the use which generates the largest number required.
(f) Properties in parking districts. Required spaces in parking districts shall be as follows:
(1) For any building or open-air use in a public parking district, the number of required off-
street parking spaces is:
a. None, when the gross floor area of the building and open area occupied by a use,
combined, do not exceed the area of the building and open area occupied when the
district is formed; or
b. When the area limitation in subsection (f)(1)a. is exceeded or the use is intensified,
the required number is derived only on the basis of the excess area.
(2) The creation of a parking assessment district relieves those properties located within the
district which were nonconforming as to parking from having to supply on-site parking
spaces in accordance with subsection (b).
(3) The assessment formula was based on a number of factors that included existing floor
area, existing use, in some cases potential floor area and included credits for existing
on-site parking spaces and for participation in past assessment districts.
(4) The Planning Director shall develop a table using the floor area, parking and previous
assessment district information used to calculate the parking assessment and translating
that information into a parking credit based on the parking requirements set forth in
subsection (b).
When an application is filed to intensify the use within an existing building or to expand
an existing building, this information will be used to calculate the amount of on -site
parking, if any, that will be necessary to comply with the parking requirements set forth
in subsection (b).
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(5) Any parking spaces that are credited in the parking assessment district calculation may
not be eliminated.
(g) Parking requirements for major additions to single-family dwellings. Notwithstanding the
provisions of division 5 of this article of this chapter, any addition to a single-family
dwelling as described below shall comply with the parking requirements set forth in
subsection (c)(1) of this section:
(1) An addition exceeding fifty (50) percent of the existing floor area;
(2) An increase in the number of bedrooms;
(3) A second story addition to a one-story building.
(h) Exemptions. Compliance with subsection (c)(1) is not required if the deciding body makes
the following findings:
(1) If the site and/or structures on the site are subject to historic preservation pursuant to
division 3 of article VIII of this Code and the Historic Preservation Committee
determines that the enforcement of subsection (g) will impact the historic character of
the site and/or structures on the site; or
(2) The lot does not have adequate area to provide parking as required by subsection (c)(1).
This finding is not required if subsection (h)(1) is made.
If the deciding body makes the findings set forth above, parking shall be provided to the
maximum extent possible.
(i) Parking requirements for residential properties that are nonconforming as to parking with a
Landmark Historic Preservation overlay zone. Residential structure(s) with a Landmark
Historic Preservation overlay zone that are lawfully or unlawfully demolished as defined by
sections 29.10.020 and 29.10.09030(h) of the Town Code, shall not be required to meet the
parking requirements for new construction if no changes to the previously approved plans
will be made except as determined by the Planning Director to meet current zoning and
building code requirements.
SECTION II
The Town Council finds and determines that the adoption of this ordinance is exempt
from the requirements of the California Environmental Quality Act (CEQA) per CEQA
Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. It can be seen with certainty that the proposed Town Code text amendments will
have no significant negative effect on the environment.
SECTION III
If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
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would have adopted this ordinance irrespective of the invalidity of any particular portion thereof
and intends that the invalid portions should be severed and the balance of the ordinance be
enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
SECTION V
This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication
of the full text of the ordinance within fifteen (15) days after its passage, a summary of the
ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by
the Town Council and a certified copy shall be posted in the office of the City Clerk, pursuant to
GC 36933(c)(1).
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October 4, 2016, 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 October 18, 2016.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS
GATOS
LOS GATOS, CALIFORNIA