Ordinance 1138 - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING ACTION UPON APPLICATIONS FOR SITE AND ARCHITECTURAL APPROVAL, CONDITIONAL USE PERMITS AND APPEALS.ORDINANCE NO. 1138
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF LOS GATOS
CONCERNING ACTION UPON APPLICATIONS
FOR SITE AND ARCHITECTURAL APPROVAL,
CONDITIONAL USE PERMITS AND APPEALS.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN:
SECTION I.
Section 25.4 of the Zoning Ordinance is amended to read:
SEC. 25.4. ACTION UPON APPLICATIONS.
The Planning Director shall act upon by approving,
disapproving or conditionally approving applications
for the establishment or modification of any use for
which, under the applicable zone classification, a
conditional use permit is not required and. for which
the proposed remodeling of existing structures,
construction or other land improvements to be installed
for such proposed use are not of such magnitude or
nature as to require any of the following: (1) a building
permit under those applicable provisions of the Building
Code adopted pursuant to the provisions of Chapter 7 of
the Los Gatos Town Code, as the same may hereafter be
amended; (2) a grading permit under those applicable
provisions of Chapter 11 of the Los Gatos Town Code,
as the same may hereafter be amended; (3) an electrical
permit under those applicable provisions of the Electric
Code as adopted pursuant to the provisions of Chapter 10
of the Los Gatos Town Code, as the same may hereafter
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applications shall be acted. upon by the Planning Director
not later than seven (7) calendar days after the filing of
such an application with the Planning Department in the
form and. containing that data and supporting documentation
prescribed by the Planning Director.
All other applications for the establishment or ;
modification of uses shall be reviewed. by the Architecture
and. Site Committee. Such applications shall be scheduled.
for hearing by the Committee at its earliest meeting after
the date thereof that business will permit. The applicant
shall be given written notice by letter of the time, date
and place of the hearing by the Committee during which the
application will be considered. The Committee ma.y at any
meeting by a majority vote of the Committee members present
refer an application to the full Planning Commission for
review. Any item so referred shall be placed. on the agenda
of the next regular Planning Commission meeting which
is two (2) weeks or more after the date of referral. If
the item is not referred. to the Planning Commission as
above, the Committee shall approve, conditionally approve,
or deny the application.
SECTION 2.
Section 29.2 of the Zoning Ordinance is amended. to read.:
SEC._29.2 PUBLIC HEARING
The authority to grant, conditionally grant or deny
applications for conditional use permits and variances is
vested in the Architectural and Site Committee. The
shall be placed on the agenda. of t3he next regular Planning
Commission meeting which is two weeks or more after the
date of referral.
Upon the filing of a sufficient and proper application,
and. the payment of the filing fee, or the initiation of
proceedings for the revocation, modification or extension
of a use permit or variance by the Committee, Council or
applicant, the Planning Director shall fix a time and. place
for a public hearing before the Committee within thirty (30)
days. At least ten (10) days prior to the date of said.
hearing, the Planning Director shall cause notice of such
hearing to be given by publication at least once in a
newspaper of general circulation, published and. circulated
in the Town, or if there is none, by posting in at least
three public places in the Town, and, posting said notice
in conspicuous places on the property and. close to the
property affected..
SECTION 3.
Section 30.2 of the Zoning Ordinance is a.mend.ed to read:
SEC. 30.2. APPEALS FROM DECISIONS BY THE-ARCHITECTURE
AND SITE COMMITTEE BY PLANNING COMMISSION
MEMBERS.
Any member of the Planning Commission may, if he is
qualified. to do so, appeal to the Planning Commission
from any decision of the Architecture and Site Committee
concerning architecture and site application or review,
or application for variance or conditional use approval,
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and Site Committee and present at the meeting where the
vote on the application was taken or if not a member of
the Architecture and Site Committee shall have been
present during all of the hearing, including any continued.
hearing or field trip, which resulted. in the decision
which is the subject of the appeal. The appellant must
commence - the appeal by giving oral notice to the Chairman
of the Architecture and Site Committee after the decision,
during the meeting at which the decision is rendered., and
before any adjournment of the meeting.
Hearing of the appeal shall be set for the first
regular meeting of the Planning Commission which the
business of the Commission will permit, more than five days
after the date of filing of the appeal. The Planning
Director shall give the applicant notice of the time and
place of the hearing. The Commission has jurisdiction
to hear the matter anew and. to render a new decision in
the matter.
THIS ORDINANCE SHALL TAKE EFFECT and, shall be in force thirty
(30) days after the date of its adoption. The Town Clerk of the
Town of Los Gatos shall cause this ordinance to be published. onee
within fifteen (15) days after its adoption, in the Los Gatos
Times - Saratoga Observer, a newspaper of general circulation,
published and circulated in the Town of Los Gatos.
The above and foregoing ordinance was duly and regularly
introduced, at a regular meeting of the Town
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PASSED AND ADOPTED as an ordinance of the Town of Los
Gatos, California., at a regular meeting of the Town Council,
held on the 3rd day of December 1973, by
the following vote
AYES: COUNCILMEN
NOES : COUNCILMEN
Ruth Cannon
Charles E. DeFreitas
Egon Jensen
John B. Lochner
Mark B. DiDuca
None
ABSENT- COUNCILMEN
SIGNED
ATTEST-
N one
MAYOR OF THE TOWN OF LOS GATOS
CLERK 0 THE VOWN 0 F`LOS GATOS