Ord 2298 - Amending Chapter 29 (Zoning Regulations) Regarding the Land Use Appeal ProcessORDINANCE 2298
AN 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, On May 7, 2019, the Town Council introduced an Ordinance, effecting
amendments to the Town Codes regarding the land use appeal process, excluding changes to
Section 29.20.300, and referred those changes back to the Council Policy Committee for further
discussion;
WHEREAS, on June 25, 2019, July 23, 2019, August 27, 2019, and September 24, 2019,
the Council Policy Committee considered changes to Section 29.20.275, Section 29.20.295, and
Section 29.20.300, and forwarded a recommendation to the Town Council for approval of the
proposed amendments;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on December 3, 2019; and
WHEREAS, on December 3, 2019, the Town Council reviewed and commented on the
proposed amendments regarding the land use appeal process and the Town Council voted to
introduce the Ordinance.
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Ordinance 2298 December 17. 2019
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN
COUNCIL DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1
Sec. 29.20.275, Sec. 29.20.295, and Sec. 29.20.300 of Town Code Chapter 29 are hereby
amended to read as follows:
Sec. 29.20.275. - Appeals from decisions by the Planning Commission.
Any interested person as defined in section 29.10.020 may appeal to the Council 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 of
appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by
the Commission or wherein its decision is not supported by substantial evidence in the record.
The Council shall only hear the appeal if the notice is filed and all required fees are paid within
the ten-day appeal period. An appellant may submit a written request to withdraw their appeal
any time before the scheduled hearing for the appeal.
Sec. 29.20.295. - Council hearing and decision.
In the appeal, and based on the record, the appellant bears the burden to prove that there
was an error or abuse of discretion by the Planning Commission as required by Section 29.20.275.
If neither is proved, the appeal shall be denied. If the appellant meets the burden, the Council
shall grant the appeal and may modify, in whole or in part, the determination from which the
appeal was taken or, in its discretion, return the matter to the Planning Commission. If the basis
for granting the appeal is, in whole or in part, information not presented to or considered by the
Planning Commission, the matter shall be returned to the Planning Commission for review.
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
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Ordinance 2298 December 17. 2019
possibility that the amendments will have a significant impact on the environment; and
B. The Town Code amendments are consistent with the General Plan.
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 the 3rd day of December 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 171h day of December 2019 and becomes effective 30 days after it is adopted.
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Ordinance 2298 December 17, 2019
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: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: None
ABSENT: Steve Leonardis
ABSTAIN: None
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
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SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
Ordinance 2298 December 17, 2019