Ord 2283 - Amending Chapter 29 (Zoning Regulations) regarding the Land Use Appeal ProcessORDINANCE 2283
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING THE LAND USE APPEAL PROCESS
WHEREAS, the Town Council would like to streamline the land use appeal process to
reduce the back and forth between Planning Commission and Town Council;
WHEREAS, the Town encourages prospective applicants to utilize the Town's
Conceptual Development Advisory Committee to receive initial feedback on a possible
development prior to application submittal;
WHEREAS, the Town Planning staff are available to answer questions as applicants are
putting together their application materials;
WHEREAS, the Town expects all applicants to do their best work in the initial application
and not wait until a potential appeal process to propose viable solutions that meet Town Codes,
Policies, and Guidelines;
WHEREAS, the Planning Commission is expected to fully vet the land use application
according to the adopted Town Code, Policies, and Guidelines;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Planning Commission for public hearing on March 27, 2019;
WHEREAS, on March 27, 2019, the Planning Commission reviewed and commented on
the proposed amendments regarding the land use appeal process and forwarded a
recommendation to the Town Council for approval of the proposed amendments with
modifications;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on May 7, 2019; and
WHEREAS, on May 7, 2019, the Town Council reviewed and commented on the
proposed amendments regarding land use appeals and the Town Council voted to introduce an
Ordinance with specific changes identified and agreed upon by the majority of the Town
Council.
iof5
Ordinance 2283 May 21, 2019
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.10.020, Section 29.20.255, Section 29.20.257, Section 29.20.258, Section
29.20.275, and Section 29.20.480 of Town Code Chapter 29 are hereby amended to read as
follows:
Sec. 29.10.020. - Definitions.
Interested Person means:
(1) Residential Projects. Any person or persons or entity or entities who own property or
reside within 1,000 feet of a property for which a decision has been rendered, and
can demonstrate that their property will be injured by the decision.
(2) Non - residential and Mixed -use Projects. Any person or persons or entity or entities
who can demonstrate that their property will be iniured by the decision.
Sec. 29.20.255. - Appeals from the decision by the Planning Director.
Any interested person as defined in Sec. 29.10.020 may appeal to the Planning
Commission #Fe a any decision of the Planning Director:
(1) Determining an application for a horse permit, for an amateur horse event or animal
permit, for a home occupation permit, for a tree removal permit, for a sign permit, for a minor
residential development permit, or denying a certificate of use and occupancy on the ground that
the use is not allowed in the zone.
(2) Granting or denying an extension of time related to one (1) of the foregoing
transactions.
(3) Revoking or modifying one (1) of the foregoing approval of permits.
(4) Determination of an unlawful demolition and /or the penalty and the cost
assessment for the unlawful demolition.
(5) Determining a request for reasonable accommodation.
Sec. 29.20.257. - Appeals from decisions by the Development Review Committee.
Any interested person as defined in Sec. 29.10.020 may appeal to the Planning
Commission any Development Review Committee decision making a determination authorized
by section 29.20.745.
Sec. 29.20.258. - Appeals from decisions of the Historic Preservation Committee.
Any interested person as defined in Sec. 29.10.020 may appeal to the Planning
Commission any Historic Preservation Committee determination.
2 of
Ordinance 2283 May 21, 2019
Sec. 29.20.275. — Appeals from decisions by the Planning Commission.
Any interested person as defined in Sec. 29.10.020 may appeal to the Council fFeFH any
decision of the Planning Commission. The appellant must file a written notice of appeal in
duplicate with the Clerk not more than ten (10) days after the decision is rendered. The notice
shall state clearly the reasons why the appeal ought to be granted. The Council shall only hear
the appeal if the notice is filed and all required fees are paid within the ten -day appeal period.
Once a notice of appeal has been filed, it may be withdrawn by the appellant prior to the
distribution of public hearing notices, but not thereafter.
Sec. 29.20.480. - Administrative procedure for minor residential projects.
(1) This procedure is established for review of minor residential projects to provide for
neighborhood review in a timely and streamlined process. This process shall be used by the
Planning Director for projects listed in section 29.20.480(2) and by the Devel...........t o,,.,',,..,
Committee faF reviewiRg ffejeets ide .t:F'...J On subsertions 29 -,n 745(12) aAd N 51
(a) An application and fee is submitted. In addition to the standard application materials
(application and plans), the applicant will be required to submit one set of stamped,
addressed envelopes to neighboring residents and property owners. The Planning
Department will assist the applicant in determining the neighboring properties to be
notified (all properties abutting the applicant's parcel, properties directly across the
street and the two parcels on each side of it).
(b) The deciding body reviews the application using the Town's Development Standards,
as well as the Town Code requirements.
(c) If the Planning Director intends to approve the application, a "Notice of Pending
Approval" will be mailed to neighboring residents and property owners including any
applicable conditions, exactions or dedications as required. The notice will advise the
neighboring residents and property owners of the applicant's plans, and that the
application will be approved ten days from the date of mailing theff. k- _an
objeet+on. The 1;idPnt° ;^r' pFopeFty owneFs Any interested person as defined in
Sec. 29.10.020 will have ten days from the date of approval the ,.F Pe
APPFOaai" in which to file a written notice of appeal to the Planning Commission with
Fevre .^.,. -. .. the pliratinn ;ind t net. F.. the Planning Director =^ F'tiRg of any GaseeFRS E)
1FOO�S.
(d) IF a Fitt.... ....ti rr ..F ..I objeEtiOR to the ffajeet is net filed witWn the ten day
peFied, the ..IlratieR be ,...J IF F4ten ..bjeetien is filed b--* *hp
dKFr.r..rrg On epiAian n be ,..I,...I eut te the gaffs faetien of all 9Iaj .rt9FS i then the
..Prat'.... m also be ,...J Qnr.. the ,al nted a la 'I.A'....
�YY �1 ,
Yv...'t be applied fee and ed s. bjeet t.. the r RditiAnq ..F the -; .,I
..na -rr.
(e) if an abjection to thefrojeet is filed in a timely FAaRReF aRao ;rdefteeeRl =e ms
FPHAIVP-d- at the staff level, the a plic .tieR is rPhed- . led L. gFe the- ola....'.... r
nn the npxt available agenda F.. �'d.. ,t.. at the pl'r nt's st All
3of5
Ordinance 2283 May 21, 2019
..d s:a2..t5 Retified nFigiRally shall be nat:flpd Af the nl..... ing !'..mmiSsiGR
fT
(f) If the Planning Director determines that the application cannot be approved because it
does not comply with the Town's Development Standards and the applicant is unwilling
to revise the plans, then the applicant will be FeqUiFed to may file an Architecture and
Site Application (including the required fee) and the application shall be considered by
the Planning Commission.
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are 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.
4of5
Ordinance 2283 May 21, 2019
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 7th day of May, 2019 and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the
2111 day of May, 2019 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).
COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, AALIFORNIIA
DATE: / 1
V
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: % a a a'
5 of
Ordinance 2283 May 21, 2019