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°0s Gatos
COUNCIL AGENDA REPORT
DATE: September 16, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 9/16/13
ITEM NO: Q
DESK ITEM I
SUBJECT: ZONING CODE AMENDMENT A- 13 -01. FIREARM REGULATION.
APPLICANT: TOWN OF LOS GATOS
A. INTRODUCE ORDINANCE ADOPTING AMENDMENTS TO CHAPTER
29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING THE
(1) RETAIL SALES OF FIREARMS, AMMUNITION AND /OR
DESTRUCTIVE DEVICES, (2) HOME OCCUPATION PERMITS, AND (3)
DUTIES OF THE PLANNING COMMISSION AND TOWN COUNCIL.
B. INTRODUCE ORDINANCE REPEALING THE PORTION OF TOWN
CODE SECTION 18.70.015 THAT ALLOWS THE DISCHARGING OF
FIREARMS ON PRIVATE PROPERTY.
C. ADOPT A RESOLUTION ESTABLISHING A FEE FOR THE FIREARMS
DEALER PERMIT.
REMARKS:
After the staff report was prepared for this agenda item, Town staff received additional inquiries
and public comments regarding this matter.
Response to Council Inquiries
1. If the only buffer zone restriction was 1,000 feet away from private /public K -12 schools,
would there be any parcels available in LM zone?
32 LM zoned parcels would be available and all located south of Blossom Hill Road (see
Attachment 12).
2. Clarify if amortization can be different for home occupancy sales. Clarify what's possible if
a home firearms business is annexed into the town in the future.
PREPARED BY: Sandy L. Baily, Director of Community Development 6 L�
Reviewed by: PS) Assistant Town Manager &J—Town Attorney Finance
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MAYOR AND TOWN COUNCIL
SUBJECT: A -13 -01
September 16, 2013
Council could adopt two different amortization provisions, one for retail sales in an LM zone
and one for home occupancy. Council would need to include objective reasons for this
decision.
The Council Ad Hoc Subcommittee did not make a recommendation on amortization for
home occupancy firearms sales since there are currently no conforming uses in Town. Even
though there are residential occupants who hold Federal Firearm Licenses (FFL), none of
them have a valid home occupation permit or business license. Therefore, since there are no
current conforming uses, there is nothing to amortize.
If a firearms business is annexed into Town in the future, that residential use would have a
right to continue to operate for an amortization period of 20 years under existing Town Code
unless Council adopts a shorter amortization period for that use.
3. More specificity on what CUP can control on signage, both exterior and externally visible
from the interior. Can specific words be disallowed— i.e. gun.
If the business name includes the words such as "gun" or "armament' it is unlikely that the
Town could regulate the business name signage. The Town works with applicants to
encourage or discourage certain aspects of a sign. That being said, the applicant needs to be
willing to work with the Town, when their sign as proposed already meets Town Code
signage requirements. Town Code allows signs to show trade names or logos that are not the
name of the entity on the premises but only when such trade name or logo is that of a product
or service which is a major part of the sales or services conducted on the premises. The Town
could regulate additional signage, including what is visible from the interior as part of the
proposed amendments, as well as additional CUP conditions agreed to by an applicant.
Approvals of sign applications could be referred to Planning Commission or Town Council.
4. Clarify statement made at the Planning Commission hearing about change in operator
triggering a new CUP.
A new Federal Firearms License or any other State license held by a firearms retail seller
would result in a new CUP or a modification to an existing CUP. When Town Council
adopted the requirement for a regulatory business permit for a firearms retailer, Town Code
Section 14.130.025 was adopted so that any person, partnership or entity engaged in the sales
or transfer of firearms is required to obtain a firearms dealer permit, so a new operator would
be required to apply for a new permit. If there was a change in the regulatory business
permit, then it would also trigger a review of the CUP. However, a partial change in the
ownership /operator (adding or deleting a partner or shareholder) does not always require a
new FFL.
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MAYOR AND TOWN COUNCIL
SUBJECT: A -13 -01
September 16, 2013
5. Confirm that the revocation language is the same as other CUPS.
The only change that is proposed to the revocation process, which is applicable to all CUP's,
is that the Chief of Police has been added to be able to recommend that the Planning
Commission should hold a public hearing to consider a revocation of a zoning approval.
6. Where are CBD and downtown defined in Town documents? What is source of map on
Attachment 8?
The Downtown Area, was created and mapped when the Downtown Specific Plan was
adopted in 1982. The 2020 General Plan (Chapter 14 — Glossary at GL -8) defines the
"Downtown" as follows and Attachment 8 was created to illustrate the boundaries:
Downtown. The historic commercial heart of Los Gatos. Downtown
encompasses the southwest section of Town and is generally bounded by
Blossom Hill Road and Pine Avenue to the north; Glen Ridge Avenue to the
west; Wood Road, College Avenue, and Cleland Avenue to the south; and
Los Gatos Boulevard to the east. Downtown includes the Central Business
District General Plan land use designation, shown on the General Plan land
use map.
It's important to note that the Downtown Area was created to resolve many problems which
included nonconforming uses and parking. Special parking requirements were established by
Town Code for uses located in the Downtown Area (retail /commercial businesses,
professional offices, restaurants with and without a separate bar, nightclubs, and theaters). If
it is determined that the Downtown Area should no longer project north of Highway 9, all
those properties located in that area up to Blossom Hill Road will become nonconforming or
more nonconforming as to parking. In addition, several of the uses may become
nonconforming in other ways, and those businesses would be subject to amortization periods
in the Town Code and would be required to close and/or relocate. Planning staff would have
to research each of the non - residential uses in this area to determine whether the use is
conforming or nonconforming.
It is also important to note that the Town's Zoning Ordinance defines the Central Business
District as the area of the Downtown which is zoned C -2. If it is determined that the C -2
zone is what defines the Downtown Area, this would impact all the C -I and O zoned
properties that are in the Town's Parking Assessment District as their parking was based on
the downtown parking requirements.
Note that the December 7'h "memo" referred to in public communications was actually the
first e -mail reply to public communications about Templar Sports. That e -mail stated that
Templar was not located in the Central Business District, which is an accurate statement, but
has recently caused confusion by using the common definition of Downtown rather than the
actual definition contained in the General Plan and Zoning Code as referenced above.
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MAYOR AND TOWN COUNCIL
SUBJECT: A -13 -01
September 16, 2013
7. Clarify what Town can and cannot control re: internet sales. Clark PC transcript pg 32
about internet sales.
The federal government under the Commerce Clause regulates interstate commerce (sales)
and, therefore, Town does not regulate internet sales.
8. What is estimated cost of annual firearms permit renewal and cost of annual business license
for a business of this type?
Town staff has recommended an initial fee of $4000 for the business regulatory
permit. When staff brings forward the annual Comprehensive Fee Schedule in Spring 2014
along with the budget, staff will make a recommendation for permit renewal fees at that
time. By then, Town should have completed at least one business permit application and will
have a better measure of the actual time and costs to process a new application and then,
based on that information, will make a recommendation to Council for the cost (cost
recovery) to process a renewal permit.
9. Does 29.10.195(b)(4) require a 60 -day amortization period for the existing firearm retailer?
If not, why not?
The existing firearm retailer is located within the Downtown Area. As defined by the
General Plan and Town Codes (see above), pursuant to Section 29.10.195(a)(4) of the Town
Code, "nonresidential uses in the downtown which would otherwise be nonconforming due
to zone changes and ordinance amendments which occurred after July 1, 1982," are
permitted to continue interminably. Options have been provided for the Council to change
the existing code provisions for amortization based on appropriate findings.
10. Is the LMzone not part of the "downtown "? If it is, how?
See item 6 above. The LM parcels that are located south of Blossom Hill Road are located
within the Downtown Area, as defined by the General Plan and Zoning Code (see above).
The LM parcels located north of Blossom Hill Road are located outside the Downtown Area.
Public Comments and Inquiries
Additional public correspondence was received for the period of September 13, 2013, through
3:00 p.m. Monday, September 16, 2013 (Attachment 14). Following are responses to some of the
inquiries raised in one of the correspondences.
1. Current Los Gatos Town Code requires 60 days for nonconforming existing businesses.
See item 9 above under Council inquiries. Town staff has no examples of when a 60 -day
conformance was required for a nonconforming use.
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MAYOR AND TOWN COUNCIL
SUBJECT: A -13 -01
September 16, 2013
2. The recently adopted Town Code amendment for firearms requires a 60 -day compliance.
The Town adopted a 60 -day period in which a business must apply for its business permit
(firearms seller permit). This regulatory permit is different from a land use application.
3. Palo Alto and San Francisco have similar 60 -day periods.
The compliance periods for these jurisdictions were adopted for the business regulatory
permit. As noted above, Los Gatos adopted a similar time period. With respect to land use
regulations, Campbell only regulates and prohibits firearms sales in residential zones, but has
no amortization period for an existing use. Palo Alto does not allow firearm sales in
residential zones or 250 feet from schools and daycare and 1000 feet from listed adult
business establishments (see Chart in staff report Exhibit A to Attachment 11 for specifics),
but did not adopt an amortization provision for existing land uses.
4. The LM zone in which the current dealer is located is not "Downtown. "
See item 6 above under Council inquiries. In addition, the Town Code sections that were
cited which stated that downtown is only the C -2 zone relates to specialized areas for
consideration for only that section of the Town Code. One section dealt with Architecture
and Site approval considerations for lighting and outdoor advertising and another section
dealt with sign permits for temporary signs. Another section that was cited was not within
the Zoning Ordinance which dealt with the regulation of newsracks.
5. There was no public hearing for the existing firearms business.
Retail operations have been allowed by right in the Commercial- Industrial (LM) Zone
covering North University Avenue since 1977, when so approved unanimously by the Town
Council. Allowed "by right' means that the property owner or tenant is allowed to pursue
such use in that zone without any discretionary review or approvals required from the Town.
As previously addressed, Town staff had no legal discretion to deny or delay that use in that
location, nor to require the business to pay for or participate in any non - required public
hearing or land use and development review process.
6. Every hearing noted in the Town Code should be noted as public hearing.
The addition of the word "public" would not have changed public noticing requirements for
the existing firearms business. Adding the word "public" after hearing in Chapter 29 of the
Town Code is not necessary, as "hearing" and "public hearing" are synonymous and
regulated by Chapter 29 of the Town Code (Zoning Ordinance) which is consistent with State
law regarding land use decisions. California State law requires local jurisdictions to hold
public hearings on land use matters. Adding the term "public hearing" is not typically added
in the Zoning Code because it is presumed, and a public hearing is required at both the
Planning Commission and Town Council along with published notice in a newspaper not less
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MAYOR AND TOWN COUNCIL
SUBJECT: A -13 -01
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than 10 days prior to any hearing. However, in other parts of the Town Code, the term
"public hearing" is specifically called out since it is not necessarily required by State law.
For example, the term "public hearing" was used when Council recently adopted the new
firearms dealer permit requirement in Chapter 14.
ATTACHMENTS:
Previously received under separate cover:
1. Staff Report to the Planning Commission for the meeting of August 28, 2013
2. Letter submitted by J. Guy at the Planning Commission of August 28, 2013
Previously received with September 12, 2013, Staff Report:
3. Excerpt of the Planning Commission verbatim meeting minutes of August 28, 2013
4. Required Findings
5. Amended Draft Zoning Ordinance
6. Draft Town Code
7. Fee Resolution
8. Map of Downtown and Central Business District boundaries
9. Revised Firearms Business Site Selection Map
10. Correspondence, received August 29, 2013, through September 11, 2013.
11. Response to Inquiries
Received with this Desk Item:
12. School buffer radius map
13. Town Code references
14. Correspondence received September 13, 2013, through 3:00 p.m. Monday, September 16,
2013.
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FIREARMS BUSINESS SITE SELECTION
f
LM: Commercial Industrial
Permitted Parcels
1000 foot buffer
- Existing Firearms Business
Schools
ATTACHMENT 12
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Various Town Code sections referenced in report
Sec. 29.20.197. Review of application for a conditional use permit or modification
to a conditional use permit to sell beer and wine at a service station.
(a) When reviewing an application for a conditional use permit or modification
to a conditional use permit to sell beer or wine for consumption off - premises at a
service station pursuant to section 29.20.185, the deciding body shall consider
the following factors in addition to those required in section 29.20.190
(1) The number of locations of retail on -sale and off -sale licenses to
sell alcohol located within a reasonable distance, generally one (1) mile,
of the proposed location;
(2)The proximity of the location to schools, public parks, playgrounds,
youth- oriented facilities, and residential neighborhoods. Generally, beer
and wine sales within five hundred (500) feet of school, public park,
playground, or youth- oriented uses should not be allowed;
(3)Hours of operation and of alcohol sales;
(4)Past history of businesses on the property; and
(5)History of loitering and police activity in the general neighborhood of
location.
(b)When reviewing an application to sell beer and wine for consumption off -
premises at a service station, the deciding body shall impose the following
conditions and operating standards:
(1)No beer or wine shall be displayed within five (5) feet of the cash
register.
(2)No advertisement or display of beer or wine shall be made outside the
building in which sales or beer and wine occur.
(3)No sale of beer or wine shall be made from a drive -in window.
(4)No beer or wine for sale shall be refrigerated, and no display or sale of
beer or wine shall be made from an ice tub.
(5)No self - illuminated advertising for beer or wine shall be located on
buildings or windows.
(6)Employees on duty between the hours of 10:00 p.m. and 2:00 a.m.
who may sell beer or wine shall be at least twenty -one (21) years of age.
(7)There shall be no on- premises consumption of beer or wine.
(8)The sale of beer and wine shall at all times be incidential to the
operation of the building as a service station. Whether the sale of beer or
wine is incidential shall be determined by measurement of the space
devoted to sales of beer and wine with relation to sales of grocery and
convenience items, nad the volume of sales of beer and wine with
relation to sales of other grocery and convenience items.
(9)Uniformed security personnel may be required in or around the
premises by the Chief of Police if alcohol - related problems recur that are
not resolved by the licensed owner.
(10)At the discretion of the Chief of Police, periodic meetings will be
conducted with representatives of the Police Department for ongoing
employee training on alcoholic beverages sales to the general public.
(11)The operator shall post and maintain a warning regarding driving
after consumption of alcoholic beverages in a visible location near the
A1TACM4M 13
cash register.
(c)For all purposes of this chapter, sale of beer and wine shall be considered an
intensification of use.
(d)The deciding body shall make written findings on the application based on
substantial evidence in view of the whole record.
(e)If State law imposes more stringent requirements than those imposed pursuant
to this section, then those State requirements shall apply.
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C -2 or Central District Commercial Zone are
those involving the conduct of commerce and general business and the sale of
commodities necessary for the needs of residents and visitors of the Town, such
as:
(1) Retailing.
(2) Reserved.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are
made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single - family and two- family uses, in conjunction with the other
uses permitted in this section.
(b)Examples of proper C -2 activities are apparel stores, antique stores, artist
studios, craft studios, auto part sales and artist supply shops. Examples of
activities which are not proper in the C -2 zone are vehicle sales or service,
manufacturing, warehousing, laundry or dry cleaning plants.
(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 —f 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:
i.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.
(3)Notwithstanding subsection (c)(2), office activities on ground floors
described below shall be considered conforming and shall be allowed to
continue so long as the office use is not discontinued for one hundred and
eighty (180) consecutive days. If the office use is discontinued for such a
period, then the office use shall not be resumed, and token use shall not
toll or interrupt a period of discontinuance.
a.Office activities existing on June 17, 1991; or
b. Office activities in a building under construction on July 16,
1990, if the applicable architecture and site approval
specifically stated that the building was approved for office
activities.
Sec. 29.10.09025. Home occupations.
(a)Scope. Home occupations are allowed in any dwelling in any zone, even if the
dwelling is nonconforming, subject to the following regulations:
(1)No premises shall be used for a home occupation unless the user has a
home occupation permit.
(2)There shall be no employees other than members of the resident
family.
(3)There shall be no materials or mechanical equipment used which are
not such as would be employed in normal household or hobby activities.
(4)The home occupation shall not involve the presence of more than one
(1) customer on the premises at any time.
(5)The home occupation shall not cause pedestrian or vehicular traffic or
the parking of vehicles either on the premises or on public or private
streets or sidewalks adjacent to the premises in numbers or volumes
which exceed that which is usual in the Town at comparable places of
residence where there is no home occupation.
(6)There shall be no use of commercial vehicles for delivery of materials
to or from the premises.
(7)There shall be no storage of materials or supplies indoors or outdoors
in a manner which is visible from adjacent premises or public ways.
(8)There shall be no advertising signs or structures.
(9)The home occupation shall not be conducted in such a way as to
decrease the total number of required or available off - street parking
spaces for the premises.
(10)The home occupation shall not alter the single - family residential
character of any portion of the premises.
(I 1)The home occupation shall not result in the emission of noise, dust,
smoke, odor or radiation which results in interference with radio or
television reception.
(12)The foregoing subsections (2) through (11) expressly prohibiting acts
and conditions, are not an exclusive listing of the limitations on the
conduct of home occupations, and no home occupations shall be
conducted in a manner inconsistent with the definition of "home
occupation" set out in section 29.10.020 of this Code to the effect that the
use shall not be discernible from the exterior of the dwelling unit.
Sec. 18.70.015. Same— Exceptions.
(a)The provisions of section 18.70.010 shall not apply to or affect sheriffs,
constables, marshals, police officers or other duly appointed peace officers in the
discharge of their duties; nor to any other person summoned by any such officer
to assist in making arrests or preserving the peace, while such person is actually
engaged in assisting such officer; nor to members of the Army, Navy or Marine
Corps of the United States, nor to the National Guard members, when on duty;
nor to organizations which are authorized by the United States of America to use
such firearms; nor to members of any lawfully organized club when using such
firearms for the purpose of practicing shooting at targets upon established target
ranges; nor to persons using firearms in necessary self - defense, and in a careful
manner; nor to persons using firearms in a careful manner in a bona fide
shooting gallery; nor to an owner or written permittee carefully discharging
firearms in an adequately protected indoor range on such owner's property; nor
to an owner or written permittee carefully discharging firearms on such owner's
property no less than five (5) acres in extent, where adequate provision has been
made to prevent bullets or shot pellets escaping from the limits of such property.
(b)The provisions of sections 18.70.010 to 18.70.030 shall not apply to
explosives when used for blasting operations. The provisions of the fire
prevention code adopted by this Code shall regulate and control explosives when
used for blasting.
Sec. 29.20.190. Findings and decision.
(a)The deciding body, on the basis of the evidence submitted at the hearing, may
grant a conditional use permit when specifically authorized by the provisions of
this chapter if it finds that:
(1)The proposed uses of the property are essential or desirable to the
public convenience or welfare;
(2)The proposed uses will not impair the integrity and character of the
zone;
(3)The proposed uses would not be detrimental to public health, safety or
general welfare; and
(4)The proposed uses of the property are in harmony with the various
elements or objectives of the general plan and the purposes of this
chapter.
(5)A hazardous waste facility proposal is subject to the California Health
and Safety Code, Article 8.7, Section 25199- 25199.14 and shall be
consistent with the Santa Clara County Hazardous Waste Management
Plan.
(b)The deciding body, on the basis of the evidence submitted at the hearing, may
deny a conditional use permit for a formula retail business or a personal service
business if any of the following findings are made:
(I)The proposed use of the property is not in harmony with specific
provisions or objectives of the general plan and the purposes of this
chapter;
(2)The proposed use will detract from the existing balance and diversity
4
of businesses in the commercial district in which the use is proposed to
be located;
(3)The proposed use would create an over - concentration of similar types
of businesses, or
(4)The proposed use will detract from the existing land use mix and high
urban design standards including uses that promote continuous pedestrian
circulation and economic vitality.
(c)The deciding body, on the basis of the evidence submitted at the hearing, may
deny a conditional use permit for a new office building if any of the following
findings are made:
(1)The proposed use of the property is not in harmony with specific
provisions or objectives of the general plan and the purposes of this
chapter;
(2)The proposed use will detract from the existing balance and diversity
of businesses in the commercial district in which the use is proposed to
be located;
(3)The proposed use would create an over - concentration of similar types
of businesses; or
(4)The proposed use will detract from the existing land use mix and high
urban design standards including uses that promote continuous pedestrian
circulation and economic vitality.
Sec. 29.10.195. Termination of nonconforming use status.
(a)Unless this division is amended to provide otherwise, the following
nonconforming uses may continue interminably so long as they conform to the
other requirements of this division:
(1)Nonconforming residential uses (except nonconforming secondary
dwelling units pursuant to section 29.10.320).
(2)Schools.
(3)Church uses.
(4)Nonresidential uses in the downtown which would otherwise be
nonconforming due to zone changes and ordinance amendments which
occurred after July 1, 1982.
(5)Residential care facilities for the elderly that existed as of January 1,
1988 and are nonconforming only as to parking.
(6)Hotels /motels located in residential zones which were converted to
multiple - family dwelling units prior to March 22, 1986, if a conditional
use permit is obtained.
(7)Commercial uses that are nonconforming as to parking if parking has
been provided on -site by July 1, 1992, or twenty (20) years from the date
the use became nonconforming, whichever is later.
(b) The following nonconforming uses shall cease at the end of the following
time periods:
(I)A junkyard shall cease ninety (90) days from the date it becomes
nonconforming.
(2) Where there are improvements on land, but of a type for which no
building permit would currently be required, the nonconforming use shall
cease three (3) years from the date the use becomes nonconforming.
(3)Where the land is improved with one (1) or more structures of a type
for which a building permit would currently be required and the
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structure(s) are utilized in connection with the nonconforming use,
nonconforming use shall cease twenty (20) years from March 23, 1966,
or twenty (20) years from the date the use became nonconforming,
whichever is later.
(4) When a zoning amendment is adopted after 1981 that causes a use to
be nonconforming solely by subjecting it to the requirement of obtaining
a conditional use permit, all uses affected by the amendment shall apply
for a use permit within sixty (60) days after the amendment becomes
effective. Failure to make such application within that time shall make
the subject use immediately unlawful
(c)If any period of authorized duration is held by a court to be too short and
therefore unconstitutional or unlawful on its face or as applied, the period of
duration shall be extended to such time as the court determines is lawful.
Various Town Code sections referenced in public correspondences
Sec. 23.70.035. Special newsrack district
(a)The Town Council hereby finds that special circumstances require special
design, placement and other standards for newsracks located in the following
areas of the Town; and such areas are hereby designated as a "special newsrack
district':
(1)The downtown C -2 commercial area.
(i)The Town Council hereby designates the downtown C -2
commercial area as shown on Exhibit B [attached to Ord. No.
2196] as a special newsrack district.
(ii)The Town has determined that the downtown C -2 commercial
area is a unique area of the Town and the area has become very
congested, with street furniture and other sidewalk encroachments,
automobiles and other means of travel competing with pedestrians
for the public space. Because of numerous congestion and safety
complaints from merchants in the downtown C -2 commercial area
and in light of the special aesthetic concerns and the extensive
pedestrian use of the area, special regulation of newsracks in the
downtown C -2 commercial area is necessary. In light of the unique
conditions in the downtown C -2 commercial area, the Town will
install special newsrack containers.
Sec. 29.10.120. Temporary signs.
Every sign described in this section, regardless of the manner of its
construction, is a temporary sign. The number and area of such signs are regulated
only by this section and are in addition to the allowed number and area for other
classes of signs.
(I)Grand opening sign. Temporary signs used in conjunction with a grand
opening are permitted as long as the grand opening does not exceed forty -
five (45) calendar days. The total area of temporary signs may be equal to
or less than the total sign area permitted for the business by section
29.10.135. The permit shall state the maximum sign area allowed and the
date the sign is to be removed as set by the erector of this chapter,
whichever is more restrictive.
(2)Subdivision signs. Nonilluminated, on -site signs advertising a residential
subdivision are permitted, limited to one (1) double -faced sign not
exceeding an area of twenty -five (25) square feet per face, placed at a right
angle to the street, or two (2) single -faced signs not exceeding an area of
twenty -five (25) square feet each placed parallel to a street. The signs shall
not be more than fifteen (15) feet high and shall be erected at least fifteen
(15) feet from a street right -of -way line. Additional signs containing
information about the model name or number, floor plan, area or price are
permitted in residential subdivisions provided there is not more than one
(1) such sign for each model (not one (1) sign for each example of a
model). Signs concerning models shall have an area not exceeding three (3)
square feet, nor a height of more than four (4) feet, and shall be located in
the immediate vicinity of an example of the model to which they refer. Off-
premises subdivision signs advertising subdivisions which are not located
on a major arterial street as defined by the Town general plan are permitted,
limited to one (1) sign per subdivision. The signs shall not exceed eighteen
(18) square feet in area, shall not be more than fifteen (15) feet high and
shall be erected at least fifteen (15) feet from a street right -of -way line and
shall be in a commercial or industrial zone. Signs authorized by this section
shall not be erected until the subdivision map is recorded and building
permits are issued for the construction of the project. Signs authorized
under this section shall be removed when occupancy permits have been
granted for ninety (90) percent of the dwelling units in the development.
Off - premises subdivision signs are an exception to the rules prohibiting
billboards and off - premises signs.
(3)Lease and rental signs. One (1) single -faced sign, advertising the rental
or lease of a commercial, office, or industrial development to be built in the
future. The sign shall not have an area exceeding twenty (20) square feet,
shall not be more than fifteen (15) feet high, and shall be erected parallel to
a street, at least fifteen (15) feet from a street right -of -way line. The sign
shall not be erected until a Development Review Committee approval is
granted for the erection of the building or buildings and the sign shall be
removed when seventy (70) percent of the floor area of the project is
occupied.
(4)Eventsigns.
7
a.Subject to the conditions of this section, a permit may be issued
for a temporary sign promoting a civic, political, charitable,
cultural, recreational, educational or religious event as follows:
(i)An event in town sponsored by a non - profit organization;
or
(ii)An event sponsored by a non - profit organization with its
principal business address in Town; or
(iii)An event sponsored by a public school; or
(iv)An event sponsored by a non - profit organization to
which the Town contributes funds; or
(v)An event co- sponsored by the Town.
b.If a non - profit organization's event does not qualify under
subsection (a), the non - profit organization may submit an
application to the Town Planning Director for a temporary sign if
the organization can demonstrate to the satisfaction of the Planning
Director that the event will occur within Santa Clara County and
the proceeds from the event will be used to benefit residents of Los
Gatos. The Planning Director shall review the application and
determine whether to grant the application based upon whether the
proceeds from the event will benefit residents of Los Gatos. If the
Director denies the application, the applicant may appeal the
decision to the Town Council within ten (10) days of the Director's
decision.
c.Application. The event sponsor shall submit an application with
applicable fee to the Planning Director. The application shall
specify the proposed location for each sign for which approval is
requested, a calculation of the total sign area proposed and
permitted under section 29.10.135, and a description of the sign
material and means of posting proposed.
d.Conditions of approval.
(i)The sign may not be erected more than fourteen (14)
days prior to the event and shall be removed within twenty -
four (24) hours after the event.
(ii)An event sign shall be no larger than permitted under
section 29.10.135
(iii)No more than a total of three (3) signs per event shall
be allowed in the Town. Within this limit of three (3) signs,
the following restrictions apply:
A.Except as provided under subsection (B) below,
no more than one sign per event shall be permitted
in the Downtown Area.
B.No more than one sign shall be permitted at the
event site. Should the event have a number of
locations or not have a fixed location, the event site
sign shall be placed within five hundred (500) feet
of the beginning or end of the event. Should the
event site be located within the Downtown Area,
the sign at the event site shall not count against the
limitation imposed by subsection (A) above.
(iv)Event signs shall be secured at all four (4) corners to
avoid flapping.
(v)No temporary structure may be erected for the purpose
of displaying an event sign.
e. General restrictions.
(i)No more than three (3) event signs in total shall be
permitted at any one time within five hundred (500) feet of
any intersection in Town.
(ii)The square footage of an event sign shall not exceed the
calculation of total sign area permitted under section
29.10.135
(iii)No more than one sign is permitted on any one property
at one time.
Uor purposes of this section, "non- profit organization" is defined
as:
(i)A non - profit corporation existing under Division 2 of
Title 1 of the Corporations Code; or
(ii)A non - profit association as defined in Corporations
Code section 21000; or
(iii)A non - profit corporation existing under the laws of
another State governing non - profit corporations and which
is permitted to do business in California under California
law.
g1or the purposes of this section, Downtown Area means the C -2
zone.
(5)Construction signs. One (1) construction (nonilluminated) sign on a
zoning plot of not more than thirty-two (32) square feet in total area. No
construction sign shall be erected prior to the issuance of a building permit,
and each shall be removed as soon as a certificate of use and occupancy is
issued.
See. 29.20.150. Considerations in review of applications.
The deciding body shall consider all relevant matter including, but not
limited to, the following:
(1)Considerations relating to traffic safety and traffic congestion. The
effect of the site development plan on traffic conditions on abutting streets;
the layout of the site with respect to locations and dimensions of vehicular
and pedestrian entrances, exits, drives, and walkways; the adequacy of off -
street parking facilities to prevent traffic congestion; the location,
arrangement, and dimension of truck loading and unloading facilities; the
circulation pattern within the boundaries of the development, and the
surfacing, lighting and handicapped accessibility of off - street parking
facilities.
a.Any project or development that will add traffic to roadways and
critical intersections shall be analyzed, and a determination made
on the following matters:
1.The ability of critical roadways and major intersections to
accommodate existing traffic;
2.Increased traffic estimated for approved developments
not yet occupied; and
3.Regional traffic growth and traffic anticipated for the
proposed project one (1) year after occupancy.
b.The deciding body shall review the application for traffic
roadway /intersection capacity and make one (1) of the following
determinations:
1.The project will not impact any roadways and /or
intersections causing the roadways and /or intersections to
exceed their available capacities.
2.The project will impact a roadway(s) and /or
intersection(s) causing the roadway(s) and /or
intersection(s) to exceed their available capacities.
Any project receiving Town determination
subsection (1)b. I. may proceed. Any project
receiving Town determination subsection (1)b.2.
must be modified or denied if the deciding body
determines that the impact is unacceptable. In
determining the acceptability of a traffic impact, the
deciding body shall consider if the project's benefits
to the community override the traffic impacts as
determined by specific sections from the general
plan and any applicable specific plan.
(2)Considerations relating to outdoor advertising. The number, location,
color, size, height, lighting and landscaping of outdoor advertising signs
and structures in relation to the creation of traffic hazards and the
appearance and harmony with adjacent development. Specialized lighting
and sign systems may be used to distinguish special areas or neighborhoods
such as the downtown area and Los Gatos Boulevard.
(3)Considerations relating to landscaping. The location, height, and
materials of walls, fences, hedges and screen plantings to insure harmony
with adjacent development or to conceal storage areas, utility installations,
parking lots or unsightly development; the planting of ground cover or
10
other surfacing to prevent dust and erosion; and the unnecessary destruction
of existing healthy trees. Emphasize the use of planter boxes with seasonal
flowers to add color and atmosphere to the central business district. Trees
and plants shall be approved by the Director of Parks, Forestry and
Maintenance Services for the purpose of meeting special criteria, including
climatic conditions, maintenance, year -round versus seasonal color change
(blossom, summer foliage, autumn color), special branching effects and
other considerations.
(4)Considerations relating to site layout. The orientation and location of
buildings and open spaces in relation to the physical characteristics of the
site and the character of the neighborhood; and the appearance and
harmony of the buildings with adjacent development.
Buildings should strengthen the form and image of the
neighborhood (e.g. downtown, Los Gatos Boulevard, etc.).
Buildings should maximize preservation of solar access. In the
downtown, mid -block pedestrian arcades linking Santa Cruz
Avenue with existing and new parking facilities shall be
encouraged, and shall include such crime prevention elements as
good sight lines and lighting systems.
(5)Considerations relating to drainage. The effect of the site development
plan on the adequacy of storm and surface water drainage.
(6)Considerations relating to the exterior architectural design of buildings
and structures. The effect of the height, width, shape and exterior
construction and design of buildings and structures as such factors relate to
the existing and future character of the neighborhood and purposes of the
zone in which they are situated, and the purposes of architecture and site
approval. Consistency and compatibility shall be encouraged in scale,
massing, materials, color, texture, reflectivity, openings and other details.
(7)Considerations relating to lighting and street furniture. Streets,
walkways, and building lighting should be designed so as to strengthen and
reinforce the image of the Town. Street furniture and equipment, such as
lamp standards, traffic signals, fire hydrants, street signs, telephones, mail
boxes, refuse receptacles, bus shelters, drinking fountains, planters, kiosks,
flag poles and other elements of the street environment should be
designated and selected so as to strengthen and reinforce the Town image.
(8)Considerations relating to access for physically disabled persons. The
adequacy of the site development plan for providing accessibility and
adaptability for physically disabled persons. Any improvements to a
nonresidential building where the total valuation of alterations, structural
repairs or additions exceeds a threshold value established by resolution of
the Town Council, shall require the building to be modified to meet the
accessibility requirements of title 24 of the California Administrative Code
adaptability and accessibility. In addition to retail, personal services and
health care services are not allowable uses on nonaccessible floors in new
11
nonresidential buildings. Any change of use to retail, health care, or
personal service on a nonaccessible floor in a nonresidential building shall
require that floor to be accessible to physically disabled persons pursuant to
the accessibility requirements of title 24 of the California Administrative
Code and shall not qualify the building for unreasonable hardship
exemption from meeting any of those requirements. This provision does
not effect lawful uses in existence prior to the enactment of this chapter. All
new residential developments shall comply with the Town's adaptability
and accessibility requirements for physically disabled persons established
by resolution.
(9)Considerations relating to the location of a hazardous waste
management facility. A hazardous waste facility shall not be located closer
than five hundred (500) feet to any residentially zoned or used property or
any property then being used as a public or private school primarily
educating persons under the age of eighteen (18). An application for such a
facility will require an environmental impact report, which may be focused
through the initial study process.
12
From: Michele van Zuiden [mvanzuiden @comcast.net]
Sent: Friday, September 13, 2013 11:30 AM
To: BSpector; marcia.jensen(a)gmail.com; Steve Leonardis; Joe Pircynski; Diane McNutt
Subject: New Zoing Ordinance for Retail Firearm Sales
Thank you for your work on the land zoning ordinance for the retail sales of firearms in Los Gatos. I
applaud your efforts and hope that you will consider compliance with the new zoning ordinance within
60 days. I am still concerned about the 'safe route to school' for the 606 University Ave parcel
designated as one of the 3 potential sites for retail gun sales as this is a route many children use to go to
Fisher, Vasona Park, Los Gatos High School, etc. I am not as concerned with the parcels on Sherbourne
as there are convenient alternative safe routes to school, such as Farley Road West for students doing
to /from Nova, Daves Ave or Fisher Middle School.
Thanks again
Michele van Zuiden
Los Gatos Saratoga High School Board Trustee
17573 Eaton Lane
Monte Sereno
RECEIVED
t. 3 202
TOWN OF LOS GATOS
PLANNING DIVISION
ATTACM4M 14
September 13, 2013
Dear Madam Mayor, Mister Vice -Mayor and Council Members:
I am writing to express my gratitude to the ad hoc committee for its efforts to date on drafting
ordinances amending Chapter 29 of the Town code designating zoning and regulations for the sale of
firearms, ammunition, and destructive devices. I believe that the draft provided to the Town Council
goes a long way toward a clear and accountable policy on firearms sales at the local level. That said, I
urge the Town Council to consider the following issues in its deliberations and decision making:
a. adopting formal ordinances addressing compliance (amortization) by existing firearms dealers; and
b. providing for increased public participation in the process.
I. Compliance by Existing Firearms Dealers
A. Current Los Gatos Town Code requires 60 days compliance for nonconforming existing businesses.
Seven months ago, at the February 11, 2013 Town Council Proceedings, Mayor Spector directed the
Town Staff to include in its focus the compliance of existing businesses to new firearms ordinances. The
Council Agenda Report of September 12 presents three "options" with regard to timing compliance by
existing firearms dealers — indicating somehow that there might be ambiguity in the Town Code on the
issue. However, there is no ambiguity, as existing Los Gatos Code section 29.10.195(b)(4) squarely
applies to this situation. That section states: "When a zoning amendment is adopted after 1981 that
causes a use to be nonconforming solely by subjecting it to the requirement of obtaining a conditional
use permit, all uses affected by the amendment shall apply for a use permit within sixty (60) days after
the amendment becomes effective. Failure to make such application within that time shall make the
subject use immediately unlawful."
In the case of the existing firearms dealer, the proposed zoning amendments, once adopted, will occur
after 1981; the uses shall become nonconforming (as clearly stated by the 8/28/2013 Staff Report on
page 10 and again on the 9/12/13 Council Agenda Report on page 3); and the current dealer is required
to comply within sixty (60) days after the amendment becomes effective.
This timeframe for compliance in the existing Los Gatos code is not without precedent. Indeed the same
timeframe of sixty days for existing businesses' compliance was codified in Article Xlll by this Town
Council on August 5; 2013, and effective as of September 4, 2013. At that time, the Town Council
adopted regulatory ordinances which included Sec. 14.130.065(b) stating: "Any person engaging in the
business of selling, transferring, or advertising for sale or transfer of any firearm, ammunition, and /or
destructive device on the effective date of this ordinance shall file an application for a permit under this
chapter within sixty calendar days after such effective date."
Los Gatos is not alone in this issue. The neighboring cities of Palo Alto and San Francisco similarly have
60 day periods for compliance by existing businesses. And next door neighbor, Campbell, has a 90 day
period of compliance.
RECEIVED
1 SE1' 1 6 2013
TOWN OF LOS GATOS
PLANNING DIVISION
The existing Los Gatos Code at Section 29.10.195(c) addresses any concern with regard to whether the
timeframe might somehow be too short for an existing dealer to comply. (This is notwithstanding the
fact that the business has been operating less than a year.) The existing Code states, "If any period of .
authorized duration is held by a court to be too short, and therefore unconstitutional or unlawful on its
face or as applied, the period of duration shall be extended to such time as the court determines is
lawful."
B. The LM Zone in which the current dealer is located is not "Downtown."
The Council Agenda report indicates that another option might be to consider the existing firearms
dealer to be a nonresidential use in the "downtown" that would be exempt for perpetuity from
complying with conditional use permit requirements. This characterization of "downtown" is at odds
with Town staff statements as to the current business's location in the LM Zone (see Town Manager
memo of 12/7/13 indicating that the location "is not in the Central Business District (i.e. Downtown)."
More importantly, any characterization of the current business as "downtown" contravenes Town Code
that indicates that Downtown is not the LM zone but rather the C -2 zone. See the following sections:
Town Code Section 29.10.120 "Downtown Area" means the C -2 zone."
Town Code Section 23.70.035 "Downtown C -2 commercial area ".
When the Town Code has sought to include areas beyond the specific C -2 Commercial area, it has
expressly called them out. For example, Town Code Section 29.20.150 refers to "special areas such as
the downtown area and Los Gatos Boulevard."
Certainly, the claim to a "downtown" status in the LM Zone is NOT sufficiently supported so as to allow
any existing business located there to continue in a nonconforming status for perpetuity. This
sentiment was expressed by a Planning Commissioner at the meeting on August 28, 2013.
C. The Town Council should expressly codify the time for the existing business to comply through
ordinance language.
The Council Agenda Report of September 12 presents a third "option" to address compliance by non-
conforming businesses. It offers language such as "Any person lawfully engaging in the business of
selling, leasing, or otherwise transferring any firearm or firearm ammunition on the effective date of the
ordinance shall have a period of _[days or years] after such effective date to comply with the
provisions of this paragraph."
This option may be a good one for the Town, so as to succinctly and deliberately state the timing for
compliance by existing firearms dealers. However, to be consistent with the rest of the proposed
ordinances, the language proposed should be edited to include the sale /lease /transfer of destructive
devices (in addition to the already listed "firearm or firearm ammunition. "). And, as to the period left
7
blank in the proposed language, the Town Council should insert "sixty (60) days." This is a reaffirmation
of already existing Los Gatos Code Section 29.10.195(b)(4), discussed above.
11. Public Participation
Los Gatos is where it is at this point in firearms regulation, based in large part because the public was
closed out of the process in the original permitting /licensing of the current firearms dealer.
There was no public hearing.
Comments in written Town communication indicated that the proposed opening and licensing of a
firearms dealer would be of public interest, and that there would likely would be public resistance —
nonetheless, there was no public hearing.
The public did not have notice of the business, as notice of the business was made through a newspaper
that was /is not delivered to the town library, not sold in a Los Gatos newspaper vending machine,
indeed, not even delivered by subscription to even one residence in this town.
The public was shut out of the process. Therefore, I urge the Town Council to consider the citizens of
Los Gatos who elected them, to consider some of the missteps of the past year, and to include the
public as part of the draft ordinances. Specifically, every hearing noted in the draft ordinances should be
noted as a public hearing, and the public should be able to raise the issue of compliance for Town
Council consideration. The draft ordinances therefore would be very slightly edited to read:
Section 29.20.190 "The deciding body on the basis of the evidence submitted at the [public] hearing..."
Section 29.20.198 (c) "Notice of the [public] hearing shall be subject..."
Section 29. 20.310 "The Planning Commission on its own option, or on the recommendation of the
Planning Director, or the Chief of Police, [or in response to a Los Gatos resident's written complaint],
and if requested by the [Town] Council shall hold a [public] hearing..."
Again, I recognize the efforts of the ad hoc committee. I appreciate the Town Council's time and effort in
reviewing the issues presented by such committee. I welcome the opportunity granted the citizens of
this Town to offer their input, and to shape the character of their town.
Respectfully submitted,
Lisa Mammel
3
Subject: FW: Templar Sports
From: Jan R. <softballmommy408@yahoo.com
Date: September 16, 2013, 1:39:48 PM PDT
To: " FirearmsRegulations (cr�,LosGatosCa.gov" < FirearmsRegulations @LosGatosCa.gov>
Subject: Templar Sports
Reply -To: Jan R. <softballmommv408(cr�,yahoo.com>
Please keep harmful ammunition out of our town. We do not need 100 occupancy magazines for
"sportsmen" to shoot paper targets. Every gun owner claims to be responsible, but very rarely do
members of drug cartels or gangs go on rampages inside schools, Sick churches or places of
business. The 2nd Amendment is about militias, not gun fetishists who like to play with toys.
Please keep dangerous ammunition and guns out of Los Gatos!
Janet K.
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