Ord 1963 - Amending the Town Code to Provide Authorization to the Development Review Committee to be the Deciding Body for Determining Certain Land Use PermitsORDINANCE 1963
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE TO PROVIDE
AUTHORIZATION TO THE DEVELOPMENT REVIEW COMMITTEE
TO BE THE DECIDING BODY FOR DETERMINING CERTAIN LAND USE PERMITS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.10.020 of the Code of the Town of Los Gatos is added to read as follows:
Section 29.10.020 Restaurant (minor) means any restaurant that satisfies the following
criteria:
(1) Provides less than 25 seats;
(2) Serves no alcoholic beverages;
(3) Proposes no significant exterior changes that would alter the architectural character
of the building; and
(4) Provides a net increase of less than 5 peak hour traffic trips.
SECTION II
Section 29.20.430 of the Code of the Town of Los Gatos is amended as follows:
Sec. 29.20.430. Hearings required.
(a) Hearings are required in the determination of the following matters:
(1) Amendments to this chapter which change land from one (1) zone to another or
which create, abolish or alter a zone or the regulations of a zone which govern a
land use.
(2) Variances.
(3) Conditional use permits.
(4) Appeals, regardless of whether a hearing was required for the original determination.
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(5) Revocations or Town - initiated modifications of any permit or approval, regardless
of whether a hearing was required for the existing permit.
(6) Applicant- initiated major modification for any permit or approval when a hearing
was required for the existing permit.
(7) Time extensions for any permit or approval when a hearing was required for the
existing permit.
(8) Demolition of a designated landmark.
(9) Whether to extend suspension of action on applications for subsection (8).
(b) For the purposes of this section, a matter is deemed to be one where a hearing was
required on the existing permit or approval, if a hearing is currently required by this chapter
for the existing permit or approval.
SECTION III
Section 29.20.460 of the Code of the Town of Los Gatos is amended to read as follows:
Sec. 29.20.460. Chair.
The Planning Director shall be the Chair of the Development Review Committee. For
items that require a public hearing, the Planning Director shall determine whether an item
before the Development Review Committee will be placed on the Planning Commission's
consent calendar, placed as a regular Planning Commission agenda item or continued to
a subsequent Development Review Committee meeting. When the Development Review
Committee does not reach a consensus on a matter, a dissenting report is required.
SECTION IV
Section 29.20.480 of the Code of the Town of Los Gatos is amended to read as follows:
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
Development Review Committee for reviewing projects identified in Subsections
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29.20.745 (12) and (15).
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
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 application can be approved, a "Notice of Intent to Approve" will be
mailed to neighboring residents and property owners including any applicable
conditions, exactions or dedications as required. The notice will advise the
residents and property owners of the applicant's plans, and that the
application will be approved unless there is an objection. The residents and
property owners have ten days in which to review the application and to notify
the Planning Director in writing of any concerns or problems.
d. If a written objection to the project is not filed within the ten day period, the
application may be approved. If a written objection is filed but the
differences in opinion can be worked out to the satisfaction of all objectors,
then the application may also be approved. Once the zoning approval is
granted, a building permit may be applied for and issued, subject to the
conditions of the zoning approval.
e. If an objection to the project is filed in a timely manner and the differences
cannot be resolved at the staff level, the application is scheduled before the
Planning Commission on the next available agenda for consideration. All
property owners and residents notified originally shall be notified of the
Planning Commission meeting.
L If the Planning Director determines that the application cannot be approved
because it does not comply with the Town's Development Standards and the
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applicant is unwilling to revise the plans, then the applicant will be required
to file an Architecture and Site Application (including the required fee) and
the application shall be considered by the Planning Commission.
2. In addition to the projects identified in subsections 29.20.745(12) and (15), the
following projects will be considered under this administrative procedure.
a. New second -story additions to single and two - family dwellings.
b. Additions to an existing second story where the additional area will exceed
100 square feet.
C. Reconstruction to a portion of a single or two - family dwelling with a
nonconforming setback.
d. Accessory structures exceeding 450 square feet.
e. Additions to accessory structures resulting in the structure containing more
than 450 square feet.
f. Request to reduce side and rear yard setback requirements for accessory
buildings.
g. Sport court lighting in residential zones.
SECTION V
Section 29.20.745 of the Code for the Town of Los Gatos is amended to read as follows:
Sec. 29.20.745. Development Review Committee.
The Development Review Committee shall:
(1) Regularly review and make recommendations to the Planning Commission
concerning the determination of all matters which come before the Planning
Commission except zoning ordinance amendments, zone changes (not
including rezoning to PD), general plan adoptions and amendments, specific
plan adoptions and amendments, and capital improvement plans.
(2) Review and make recommendations to the Council concerning community-
oriented bulletin boards and kiosks proposed to be erected on public property.
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(3) May on its own motion review and make recommendations concerning matters
not assigned to it.
(4) Review and make recommendations on parking lot permits under section
29.10.155(1) including reconfiguration or trade -off of zoning requirements
under other sections of this chapter.
(5) Determine and issue zoning approval for the storage of hazardous materials
as provided in division 1 of article VII of this chapter.
(6) Determine appropriate screening (fencing, landscaping or a combination) for
hazardous materials storage sites as provided in division 1 of article VII of
this chapter.
(7) Determine and issue zoning approval for grading permits as provided in
section 29.10.09045(b) and (c) of this chapter.
(8) Determine and issue zoning approval for minor exterior alterations to
commercial buildings.
(9) Determine and issue zoning approval for lot line adjustments and lot mergers.
(10) Issue large family day care home permits.
(11) Under the provisions of section 29.10.070 of this chapter and section 66424.2
of the Subdivision Map Act, determine whether lots have merged.
(12) Determine and issue zoning approval for single- family dwellings.
(13) Determine and issue zoning approval for minor subdivisions of land consisting
of four lots or less.
(14) Determine and issue zoning approval for minor modifications to Planned
Developments when the Official Development Plan is not altered.
(15) Determine and issue zoning approval for requests for reduction to setbacks
on nonconforming lots.
(16) Determine and issue zoning approval for minor restaurants.
(17) May refer any matter assigned by ordinance to the Development Review
Committee for decision to the Planning Commission for decision.
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No Planning Commission action is invalid because of omission of review and
recommendation.
SECTION VI
Section 29.20.750 of the Code of the Town of Los Gatos is amended to read as follows:
Sec. 29.20.750. Planning Commission.
The Planning Commission:
(1) May initiate general plan amendments and specific plans or amendments.
(2) Hears and recommends all proposals for adoption and amendment of the
general plan.
(3) Hears and recommends all proposals for adoption and amendment of specific
plans.
(4) May initiate zone changes and amendments to this chapter.
(5) Hears and recommends proposals for zone changes, pre- zonings, and
amendments to this chapter, including those referred to it by the Town
Council.
(6) Determines whether to hear applications for rezoning made within one (1)
year of a similar application.
(7) Determines variance applications.
(8) Determines conditional use permit applications except minor restaurants.
(9) Determines applications for architecture and site approval except those items
listed in section 29.20.745.
(10) Determines time extension when it would have had the power to grant the
original approval.
(11) Determines revocations and modifications of zoning approvals as provided in
section 29.20.310.
(12) Determines matters referred to it by the Planning Director.
(13) Hears appeals from decisions of the Planning Director.
(14) Determines whether to allow all deviations from the standards of this chapter
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which are specifically authorized by this chapter except variances, and
determines when stricter standards than those generally imposed by this
chapter but specifically provided for in this chapter apply.
(15) Determines applications to alter or demolish structures, sites and areas
designated, determines whether the Commission must suspend action on
applications to alter or demolish structures, sites and areas designated, under
the provisions of division 3 of article VIII of this chapter, or for which
designation proceedings are pending.
(16) Determines location and adequacy of required open space for residential
condominiums in any zone and for multiple- family developments in the R-
M zone.
(17) Determines applications for section 29.10.0980 tree permits.
(18) Determines requirements for access to remote areas in the RC and HR zones.
(19) Determines applications for neighborhood identification signs, and signs on
freestanding walls.
(20) Performs any functions required by statute or ordinance but not specifically
assigned by this chapter.
(21) Determines whether a nonconforming use is no longer lawful.
(22) Forwards a recommendation to the Town Council concerning mobile home
park conversion permit applications.
SECTION VII
Sections 24.10.020 and 24.10.025 of the Code regulating subdivisions in the Town of Los
Gatos is amended to read as follows:
Sec. 24.10.020 Advisory agency; powers.
The Planning Commission is the advisory agency for the Town authorized to approve,
conditionally approve or disapprove all subdivision maps consisting of five lots or more
except vesting tentative maps. The Town Council is the advisory agency for vesting
tentative maps.
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See. 24.10.025 Development Review Committee.
The Development Review Committee:
(1) Under the provisions of section 29.10.070 of chapter 29 of this Code and
section 66424.2 of the State Subdivision Map Act, determines whether lots
have merged.
(2) Determines and issues zoning approval for lot line adjustments and lot
mergers.
(3) Regularly reviews and makes recommendations to the Planning Commission
concerning the determination of all subdivision matters which come before
the Planning Commission.
(4) Is the advisory agency for the Town authorized to approve, conditionally
approve or disapprove subdivision maps consisting of four lots or less.
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SECTION VIII
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on November 1, 1993, 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 November 15, 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR THE TOWN OS GATOS
LOS GATOS, CALIFOR A
ATTEST:
CLERK OF THE TOWN OkIOS GATOS
LOS GATOS, CALIFORNIA
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