Ord 1996 - Amending Sections 29.20.295 and 29.20.300 of the Town Code to revise the standard of review to be used by the Town Council on appeals of Planning Commission determinationsORDINANCE 1996
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTIONS 29.20.295 AND 29.20.300 OF THE TOWN CODE
TO REVISE THE STANDARD OF REVIEW TO BE USED BY THE TOWN
COUNCIL ON APPEALS OF PLANNING COMMISSION DETERMINATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
Section 29.20.295 is amended to read as follows:
Sec. 29.20.295. Council hearing.
When hearing the appeal, the Council shall consider the record and such
additional evidence as may be offered by anyone and may affirm, modify or reverse, in
whole or in part, the determination appealed from, or make and substitute such other
determination as is warranted, or may remand to the Planning Commission for further
review and determination. The appellant bears the burden of proof before the Council
in proving that one or more of the reasons specified in Section 29.20.300 exist on the
appeal for reversing or modifying the Commission determination. The standards of this
chapter governing the discretion of the reviewing body shall apply with equal effect to
actions of the Council.
SECTION II
Section 29.20.300 is amended to read as follows:
Sec. 29.20.300. Decision.
(a) Any decision of the Council modifying, in whole or in part, the order,
requirement, decision, determination, interpretation, or ruling appealed from, or making
and substituting another decision or determination, requires the concurrence of a
majority of the membership of the Council.
(b) If the Council decides to modify or reverse the decision of the Planning
Commission on any appeal, the resolution shall specify one or more of the following:
(1) Where there was error or abuse of discretion on the part of the Planning
Commission; or
(2) The new information that was submitted to the Council during the appeal
process that was not readily and reasonably available for submission to the
Commission; or
(3) An issue or policy over which the Commission did not have discretion to
modify or address, but which is vested in the Council for modification or
decision.
(c) If the only or predominant reason for modifying or reversing the decision of
the Planning Commission is the availability of new information as defined in Subsection
(b)(2) above, it is the policy of the Town that the application will be returned to the
Commission for review in light of the new information unless the new information has a
minimal effect on the application.
(d) The decision of the Council upon the appeal will be expressed by a written
resolution. The Council will forthwith transmit copies of the resolution to the original
applicant, the appellant, and the Planning Commission.
M \SHARE\AT032095.R18 2
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on February 21, 1995 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 March 20, 1995. This ordinance takes effect thirty (30) days after
it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: cc �
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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