Attachment 1
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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, outdoor seating and entertainment policy, 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 and explore
options that provide businesses with the flexibility necessary 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
separate parking and seats in the Code and to provide a recommendation back to the Town
Council; and
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; and
WHEREAS, on March 16, 2016, the Planning Commission voted 3-2-2 with Chair Badame and
Commissioner Erekson opposing and Commissioners Burch and Hansen absent, to recommend
separating parking from seats to the Town Council, with the separation 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 and Planning Commission recommendations, reviewed the recommended ordinance,
and returned the matter to the Town Council Policy Committee for consideration along with
other parking topics; and
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WHEREAS, on February 15, 2018 the Town Council Policy Committee held a public meeting,
considered public testimony, and requested that the recommended ordinance be returned to
the Town Council for consideration; and
WHEREAS, on March 20, 2018, the Town Council held a public hearing, considered public
testimony and both the Planning Commission and Town Council Policy Committee
recommendations, reviewed the recommended ordinance, and 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:
Sec. 29.10.150. - Number of off-street spaces required.
…..
(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 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) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor
area.
(4) 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).
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(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.
(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 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.
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SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the Town
Council finds as follows:
A. This ordinance is not subject to review under CEQA pursuant to sections and
15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed
amendment to the Town Code would have significant impact on the environment; and
B. The proposed Town Code amendments are consistent with the General Plan and its
Elements.
SECTION III
If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidly 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 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 was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on March 20, 2018 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 April 3, 2018 and becomes effective 30 days
after it is adopted.
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 Town Clerk,
pursuant to GC 36933(c)(1).
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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
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