Attachment 1 - March 27, 2019 Planning Commission Staff ReportTOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/27/2019
DATE: MARCH 22, 2019
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
ITEM NO: 5
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-19-002. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE REGARDING THE LAND USE APPEAL PROCESS.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of the amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding the land use appeal process.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the Town Code will have
a significant effect on the environment.
FINDINGS:
■ As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
■ That the amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
The Town Council Policy Committee requested that amendments to the Town Code to
streamline the land use appeal process be placed on a Policy Committee agenda for discussion.
PREPARED BY: SALLY ZARNOWITZ
Planning Manager
Reviewed by: Economic Vitality Manager, Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 • 408-354-6874
www.losgatosca.gov
ATTACHMENT 1
PAGE 2 OF 7
SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING THE LAND USE APPEAL
PROCESS. TOWN CODE AMENDMENT /A-19-002
MARCH 22, 2019
BACKGROUND (continued):
On July 19, 2018, the Policy Committee considered the matter. Exhibit 2 contains the staff
report and Exhibit 3 contains the minutes for the July 19, 2018 meeting. After discussion, the
Policy Committee continued the matter and provided the following direction:
• Eliminate Town Code Section 29.20.300;
• Replace the language in Section 29.20.295 of the Town Code with the more general
language in the first paragraph of Ordinance 1901;
• Return to the Committee with the draft "Whereas" statements for the proposed Town
Code amendments;
• Return to the Committee with legal analysis and options that define who might be
eligible to appeal certain projects (E.g., commercial new construction, commercial use
change, single-family homes, or larger residential developments); and
• Consider an increase to the Town's fees for an appeal to achieve cost recovery when the
Council considers the results of the fee study.
On December 20, 2018, the matter returned to the Policy Committee. Exhibit 4 contains the
staff report and Exhibit 5 contains the minutes for the December 20, 2018 meeting. After
discussion, the Policy Committee directed staff to bring forward Town Code amendments to the
Planning Commission and the Town Council to implement the following direction:
• Remove the requirement that the Town Council make one of three findings to modify
or reverse the decision of the Planning Commission on any appeal;
• Bifurcate the residential and commercial appeal processes, leaving the commercial
appeal process unchanged while limiting the distance from a residential project where
an eligible appellant (interested person) must reside; and
• Provide an appeal process for Minor Residential Development application decisions.
Regarding removal of the requirement that the Town Council make one of three findings, it
should be noted that this direction does not limit the Town Council's ability to take the same
actions currently addressed more explicitly in Town Code Section 29.20.295 or 29.29.300.
Regarding the distance from a residential project where an interested person must reside, the
Policy Committee noted that defining an interested person as one who owns property within
the same zone of a residential project may be too broad, while defining an interested person as
one who owns property or resides within 300 feet of a residential project may be too narrow;
and that under the Political Reform Act material financial effect on a public official is assumed
for a decision affecting real property value within 500 feet of a property owned by the public
official.
PAGE 3 OF 7
SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING THE LAND USE APPEAL
PROCESS. TOWN CODE AMENDMENT /A-19-002
MARCH 22, 2019
DISCUSSION:
A. Public Outreach
Public input has been requested through the following media and social media resources:
• An eighth -page public notice in the newspaper;
• A poster at the Planning counter at Town Hall;
• The Town's website home page, What's New;
• The Town's Facebook page;
• The Town's Twitter account;
• The Town's Instagram account; and
• The Town's NextDoor page.
In addition, the following organizations have been contacted regarding the amendments:
• American Institute of Architects (AIA) Silicon Valley;
• Santa Clara County Association of Realtors (SCCAR); and
• Silicon Valley Association of Realtors (SILVAR).
B. Existing Town Code
Existing Town Code states the following regarding the land use appeal process:
• Town Code Sec. 29.10.020 does not include a definition of the term interested person,
and Sec. 29.20.255, Sec. 29.20.257, Sec. 29.20.258, and Sec. 29.20.275 state that any
interested person may appeal decisions by the Planning Director, Development Review
Committee, Historic Preservation Committee, or Planning Commission;
• Town Code Sec. 29.20.295 and Sec. 29.20.300 require that the Town Council make one
of three findings to modify or reverse the decision of the Planning Commission on any
appeal; and
• Town Code Sec. 29.20.480 states that a Minor Residential Development application is
scheduled before the Planning Commission for consideration at the applicant's cost if
an objection to the project is filed in a timely manner and the differences cannot be
resolved at the staff level.
C. Proposed Town Code Amendments
The proposed amendments as shown in Exhibit 6 would:
• Include a definition of the term interested person in Town Code Sec. 29.10.020;
PAGE 4 OF 7
SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING THE LAND USE APPEAL
PROCESS. TOWN CODE AMENDMENT /A-19-002
MARCH 22, 2019
DISCUSSION (continued):
• Remove the requirement that the Town Council make one of three findings to modify
or reverse the decision of the Planning Commission on any appeal in Town Code Sec.
29.20.295 and Sec. 29.20.300; and
• State that an interested person may appeal the decision by the Planning Director on a
Minor Residential Development application to the Planning Commission in Town Code
Sec. 29.20.480.
Regarding the definition of the term interested person, the proposed definition would be
bifurcated for residential and non-residential or mixed -use projects. The distance from
residential projects where an eligible appellant must own property or reside would be
limited to 500 feet.
PUBLIC COMMENTS:
No public comments have been received as of the writing of this report.
CONCLUSION:
A. Recommendation
Based on the direction of the Town Council Policy Committee, staff recommends that the
Planning Commission review the information included in the staff report and forward a
recommendation to the Town Council for approval. The Commission should also include
any comments or recommended changes to the draft Ordinance in taking the following
actions:
1. Make the finding that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act [Section 15061 (b) (3)] (Exhibit 1);
2. Make the required finding that the amendments to the Town Code (Zoning Regulations)
are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the proposed
amendments to Chapter 29 of the Town Code (Exhibit 6).
PAGE 5 OF 7
SUBJECT: AMENDMENTS TO THE TOWN CODE REGARDING THE LAND USE APPEAL
PROCESS. TOWN CODE AMENDMENT /A-19-002
MARCH 22, 2019
CONCLUSION (continued):
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code with modifications; or
2. Forward a recommendation to the Town Council for denial of the proposed
amendments to Chapter 29 of the Town Code; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings (one page)
2. Town Council Policy Committee Minutes, December 20, 2018, (five pages)
3. Town Council Policy Committee Report, December 20, 2018 (seven pages)
4. Town Council Policy Committee Minutes, July 19, 2018, (three pages)
5. Town Council Policy Committee Report, July 19, 2018 (eight pages)
6. Draft Amendments to Chapter 29 of the Town Code (six pages)
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PLANNING COMMISSION - March 27, 2019
REQUIRED FINDINGS FOR:
Town Code Amendment Application A-19-002
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding the land
use appeal process.
FINDINGS
Required Findings for CEQA:
• It has been determined that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act, Section 15061 (b)(3): Review for exemption.
Required Findings for General Plan:
• The proposed amendments to Chapter 29 of the Town Code regarding the land use appeal
process are consistent with the General Plan.
N:\DEV\FINDINGS\2019\Land Use Appeal Process.DOCX
EXHIBIT 1
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TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 01/24/2019
ITEM NO: 1
MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE MEETING
DECEMBER 20, 2018
The Town Council Policy Committee of the Town of Los Gatos conducted a Special Meeting on
Thursday, December 20, 2018, at 8:30 a.m.
MEETING CALLED TO ORDER AT 8:35 a.m.
ROLL CALL
Members Present: Marcia Jensen, Rob Rennie
Staff Present: Laurel Prevetti, Town Manager; Robert Schultz, Town Attorney; Arn Andrews,
Assistant Town Manager; Joel Paulson, Community Development Director; Matt Morley, Parks
and Public Works Director; Monica Renn, Economic Vitality Manager; Sally Zarnowitz, Planning
Manager; Sean Mullin, Associate Planner; Holly Zappala, Management Analyst.
VERBAL COMMUNICATIONS
None.
OTHER BUSINESS
1. Approval of November 15, 2018 Council Policy Committee Draft Minutes.
Approved.
2. Review and provide direction on a potential short-term rental (STR) ordinance.
Fred Faltersack
- Commented that homeowners depend on short-term rental income to cover their
expenses on second homes. He noted that a short-term rental provides a more "homey"
experience for a family vacationing and renting out larger, more expensive homes do not
subtract from the affordable housing supply. He said that short-term rentals should have to
pay transient occupancy tax in order to "level the playing field" with hotels.
110 E. Main Street Los Gatos, CA 95030 a 408-354-6832
www.losgatosca.gov
EXHIBIT 2
PAGE2OF5
SUBJECT: MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE MEETING OF
DECEMBER 20, 2018
DATE: JAN iJARY 17, 2018
Lee Quintana
-Commented that she is concerned about how the Town will enforce the occupancy and
parking regulations in the draft ordinance and thinks 180 days is a generous cap for hosted
short-term rentals.
After discussion, the Committee decided to forward a recommendation to the Town Council
to approve the draft Short -Term Rental Ordinance with minor modifications to the draft
language.
3. Continue to discuss parameters for a Town parklet program.
Matt Morley, Parks and Public Works Director, presented the staff report.
Peter Hoffman
-Commented that parklets are a great opportunity for increased economic vitality in Los
Gatos. He said that parklets would provide a good place for people to sit and wait for a
table at the restaurants in Town. He would like to see unrestricted restaurant table service
in an effort to revitalize businesses on E Main Street.
Sue Farwell
-Commented that she would like to see full table and alcohol service at parklets. She
believes outdoor dining would encourage people to stay in Town to eat and shop. She
suggested using parklets as open seating for the public during the clay time and being used
for restaurant service in the evenings.
Randi Chen
-Commented that she would like parklets to include table and alcohol service so that
businesses would be willing to invest money in them. She also believes that they encourage
people to stay in Town.
Terry Martin
-Commented that parklets would be helpful for people who are waiting to be seated at a
restaurant. He suggested that some parklets could have restaurant table service, others
could have public seating, and others could be open spaces.
Sheldon Gilbert
-Commented that the Town should be able to control the use of the parklet space when it is
not being used for restaurant table service.
PAGE 3 OF 5
SUBJECT: MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE MEETING OF
DECEMBER 20, 2018
DATE; JANUARY 17, 2018
Jason Farwell
-Commented that he is concerned about the liability of the landlord being responsible for
the parklet space if a member of the public were to be injured in the space.
After discussion, the Committee asked staff to email the Committee a revised pilot program
draft for review before the end of the year and, upon review and approval of the draft,
forward a recommendation to the Town Council to approve the pilot program, with the
following direction:
• Create guidelines to allow restaurant food and alcohol service in parklets during
certain hours and allow the parklet to be available for public use during other hours.
• Create a webpage on the Town website with information regarding the pilot project
for ease'of access by the public.
4. Discuss and provide direction for potential amendments to the Town Code regarding
fences, hedges, and walls in the Hillside Residential zone.
Sean Mullin, Associate Planner, presented the staff report.
Alice Kaufman
-Commented that she thought the previous draft ordinance was clearer and preferable to
the current draft. She suggested the Town conduct more community outreach and create a
webpage dedicated to information regarding the draft ordinance. She said the major
concern regarding the fences is the effect future development may have on wildlife in the
area.
Lee Quintana
-Commented that the draft ordinance is repetitive and suggested it be re -organized into
sections for the purpose of clarity. She believes the guidelines need to be objective as
opposed to subjective and need to address wildlife corridors.
Dashiell Leeds
-Commented that the ordinance should provide clearer language for defining what
residents can and cannot do. He preferred the language used in the previous draft and said
the language used in the current draft is too vague to be enforceable.
David Weissman
-Commented that he would like to see animal -friendly fences defined in the ordinance. He
believes the language used in the current draft is too vague and subjective, and that the
language used in the previous draft was much clearer.
PAGE4OF5
SUBJECT: MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE MEETING OF
DECEMBER 20, 2018
DATE: JANUARY 17, 2018
Bill LeClerk
-Commented that there has been a lack of transparency throughout the process and more
notification is needed to those impacted by the ordinance. He does not believe an
ordinance should be approved without the input of the hillside property owners. He said
there is too much gray area in the current draft and there needs to be more definition as to
what property owners can and cannot do.
Claudia Gunduton
-Commented that she owns a home in the hillsides with an existing fence and is relieved
that a new ordinance would not affect existing fences.
Fred Faltersack
-Commented that the Town could require fences to include neighbor gates as a way to
provide emergency egress and that residents need to have the ability protect their
vineyards from animals.
After discussion, the Committee asked staff to prepare a revised draft of the ordinance for
Town Council's review with the following direction:
• Reorganize the text, use more specific language, and improve clarity
• Acknowledge fire escape routes
• Define animal friendly fences
Include direction specific to riparian corridors
5. Continue to discuss modifications to the land use appeal process.
Joel Paulson, Community Development Director, presented the staff report.
Lee Quintana
-Commented that she would not want residents to lose the ability to appeal decisions on
commercial projects in Town even if they lived across Town from the project.
After discussion, the Committee's direction was to bifurcate the residential and commercial
appeal process, leaving the commercial appeal process unchanged while limiting the
distance from a residential project where an appellant must reside in order to be eligible to
appeal. The Committee forwarded a recommendation to the Planning Commission to
approve the proposed modifications to the land use appeal process.
ADJOURNMENT
The meeting adjourned at 10:24 a.m.
PAGE 5 OF 5
SUBJECT: MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE MEETING OF
DECEMBER 20, 2018
DATE: JANUARY 17, 2018
This is to certify that the foregoing is a true
and correct copy of the minutes of the
December 20, 2018 meeting as approved by the
Town Council Policy Committee.
/s/Holly Zappala, Management Analyst
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TOWN OF LOS GATOS
MEETING DATE: 12/20/2018
POLICY COMMITTEE REPORT ITEM NO: 5
DATE: DECEMBER 14, 2018
TO: POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND PROVIDE DIRECTION ON STREAMLINING THE LAND USE
APPEAL PROCESS
RECOMMENDATION:
Review and discuss the land use appeal process and provide direction to staff for next steps.
BACKGROUND:
The Policy Committee last considered this matter on July 19, 2018. After discussion, the
Committee's direction was to:
• Eliminate Town Code Section 29.20.300;
• Replace the language in Section 29.20.295 of the Town Code with the more general
language in the first paragraph of Ordinance 1901;
• Return to the Committee with the draft "Whereas" statements for the proposed Town
Code amendments;
• Return to the Committee with legal analysis and options that define who might be
eligible to appeal certain projects (e.g., commercial new construction, commercial use
change, single-family homes, or larger residential developments); and
• Consider an increase to the Town's fees for appeals to achieve cost recovery when the
Council considers the results of the fee study.
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 • 408-354-6832
www.losgatosca.gov
EXHIBIT 3
PAGE 2 OF 3
SUBJECT: STREAMLINING THE LAND USE APPEAL PROCESS
DATE: DECEMBER 14, 2018
DISCUSSION:
Town Code Amendments
Pursuant to the Policy Committee direction, staff has prepared draft Town Code amendments
(Attachment 1) to address the matters discussed at the July 19, 2018 meeting.
Appeals
Regarding options that define who might be eligible to appeal projects, staff has provided the
following options for consideration:
No appeal shall be considered unless it is filed by an aggrieved person. Potential definitions of
an aggrieved person are:
a) An aggrieved person can be defined as any person or persons or entity or entities who
own property within the same zoning district or person that resides within 300 feet of
the property for which a decision has been rendered and who appeared at a public
hearing held in connection with the decision or action appealed and informed the
deciding body of the nature of their concerns.
b) An aggrieved person is defined as any person or persons or entity or entities who can
demonstrate that their property will be injured by the decision or anyone requiring
notice pursuant to this chapter and who appeared at a public hearing held in connection
with the decision or action appealed and informed the deciding body of the nature of
their concerns.
Another suggestion related to appeals, is to change the code related to minor residential
projects found in Section 29.20.480 (f) which states:
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 at the applicant's cost. All property owners and
residents notified originally shall be notified of the Planning Commission meeting.
Another suggestion related to appeals is requiring a vote of 4/5 for Town Council and 5/7 for
Planning Commission to overrule a decision from the Planning Commission or Development
Review Committee.
Appeal Fees
The Town Council will have the opportunity to discuss fees for appeals early in 2019 when it
reviews the fee study that is currently being prepared.
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PAGE 3 OF 3
SUBJECT: STREAMLINING THE LAND USE APPEAL PROCESS
DATE: DECEMBER 14, 2018
Staff looks forward to the discussion and direction of the Committee for next steps.
COORDINATION:
The preparation of this report was coordinated with the Town Manager's Office and the Town
Attorney.
Attachment:
1. Draft Town Code amendments regarding appeals
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3/22/2019 11:I6 AM
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ORDINANCE
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
ORDINANCE 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; and
WHEREAS, the proposed amendments give the Town Council more discretion as the
ultimate decision -maker without needing to make one of the three findings currently required
by Section 29.20.300; and
WHEREAS, the proposed amendments still provide the Town Council the option of
remanding an application that is appealed to the Town Council back to Planning Commission
for review; and
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 Town Code, adopted 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 insert date; and
WHEREAS, on insert date, the Planning Commission reviewed and commented on the
proposed amendments regarding land use appeals and forwarded a recommendation to the
Town Council for approval or denial of the proposed amendments with or without
modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on insert date; and
Attachment 1
WHEREAS, on insert date, 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 a majority of the Council.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Section 29.20.295 and Section 29.20.300 of Town Code Chapter 29 are hereby 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 thc Council is proving that one or more of thc reasons specified
The standards of this chapter governing the discretion of the reviewing body shall apply with equal
effect to actions of the Council.
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 thc dccision of the Planning Commission on any
appc iI, thc resolution shall specify one or more of thc 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
but which is vested in thc Council for modification or decision.
{c) If the only or predominant reason for modifying or reversing the dccision of thc Planning
Commission is the availalAty- f new matien-Fs-defined s lasect+e„b,¢2) above, it i the
policy of the Town that the application will be returned to the Commission for review in Tight of
2
(4b) 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.
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.
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on insert date, and adopted by the following vote as an ordinance of the Town of Los
3
Gatos at a meeting of the Town Council of the Town of Los Gatos on insert date 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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ti:jD,
E:L\Tc\pol
\LsnciUse ealOrd12-20.dac.
4
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 08/16/2018
ITEM NO: 1
DRAFT
MINUTES OF THE TOWN COUNCIL REGULAR POLICY COMMITTEE MEETING
JULY19,2O18
The Town Council Policy Committee of the Town of Los Gatos conducted a Regular Meeting on
Thursday, July 19, 2018, at 10:00 a.m.
MEETING CALLED TO ORDER AT 10:06 a.m.
ROLL CALL
Members Present: Rob Rennie, Marcia Jensen
Staff Present: Laurel Prevetti, Town Manager; Robert Schultz, Town Attorney; Joel Paulson,
Community Development Director; Shelley Neis, Clerk Administrator; and Holly Zappala,.
Management Analyst.
VERBAL COMMUNICATIONS
None
OTHER BUSINESS
1. Approval of April 19, 2018 Council Policy Committee Draft Minutes.
Approved.
2. Discuss and provide direction regarding streamlining the land use appeal process.
Joel Paulson, Community Development Director, presented the staff report.
Melanie Hanssen
-Commented on eliminating the requirement for a remand to the Planning Commission
when new information is submitted to Council which creates a "merry-go-round" effect
between Council and the Commission; suggested either eliminating that requirement or
using more general language altogether.
After discussion, the Committee's direction was to:
• Eliminate Town Code Section 29.20.300.
110 E. Main Street Los Gatos, CA 95030.408-354-6832
www.6osgatosca.gov
EXHIBIT 4
PAGE 2 OF 3
SUBJECT. DRAFT MINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE
MEETING OF JULY 19, 2018
DATE: AUGUST 16, 2018
• Replace the language in Section 29.20.295 of the Town Code with the more general
language in the first paragraph of Ordinance 1901. The more general language gives
the Council more discretion as the ultimate decision -maker without needing to make
one of the three findings currently required by Section 29.20.300. The
recommended language also provides Council the option of remanding the
application back to Planning Commission for review.
• Return to the Committee with the draft "Whereas" statements for the proposed
Code amendments.
• Return to the Committee with legal analysis and options that define who might be
eligible to appeal certain projects (e.g., commercial new construction, commercial
use change, single-family homes, or larger residential developments).
• Consider an increase to the Town's fees for appeals to achieve cost recovery when
the Council considers the results of the fee study.
3. Identify and provide direction on future work plan items.
Melanie Hanssen
-Suggested that with the General Plan Update, the Town may want to change the land use
designation for areas where additional housing might be appropriate.
After discussion, the Committee's direction was to focus on the following items:
• Finish its work on the land use appeal streamlining.
• Consider the definition for "Specialty Retail" stores.
• Discuss converting subjective to objective standards (e.g., views and privacy),
perhaps combined with a review of the Residential Design Guidelines.
• Review the Commercial Design Guidelines.
• Continue the review of the remaining items in the land use policies binder.
PAGE 3 OF 3
SUBJECT: DRAFTMINUTES OF THE TOWN COUNCIL SPECIAL POLICY COMMITTEE
MEETING OF JULY 19, 2018
DATE: AUGUST 16, 2018
ADJOURNMENT
The meeting adjourned at 11:10 a.m.
Prepared by: Attest:
Holly Zappala, Management Analyst Shelley Neis, Clerk Administrator
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TOWN OF LOS GATOS MEETING DATE: 7/19/2018
POLICY COMMITTEE REPORT ITEM NO: 2
DATE: JULY 13, 2018
TO: POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND PROVIDE DIRECTION ON STREAMLINING THE LAND USE
APPEAL PROCESS
RECOMMENDATION:
Review and discuss the land use appeal process and provide direction to staff for next steps.
BACKGROUND:
The Policy Committee asked staff to place streamlining the land use appeal process on an
agenda so that the matter could be discussed.
DISCUSSION:
Appeals are regulated in the Town Code and staff has attached an excerpt of the Town Code
(Attachment 1) regarding appeals.
Staff has also attached the Town's current land use appeal forms (Attachment 2).
Staff looks forward to the discussion and direction of the Committee for next steps.
COORDINATION:
The preparation of this report was coordinated with the Town Manager's Office and the Town
Attorney.
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 . 408-354-6832
www.losgatosca.gov
EXHIBIT 5
PAGE 2OF2
SUBJECT: FLOOR AREA RATIO
DATE: JULY 13, 2018
Attachments:
1. Town Code excerpt regarding appeals
2. Appeal forms
N:iDEVJOEL`.TC'.Policy Committee'.Appeal.docx 7.13:2018 1228 PM
DIVISION 4. - POST-APPR
A
ACTIONS
Sec. 29.20.255. - Appeals from the decision by the Planning Director.
Any interestedperson may appeal to the Planning Commission from a 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, 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 extensionof time related to one (1) of the foregoing transactions.
(3) Revoking or modifying one. (1) of the foregoing approval of permits.
(4) Determiination of an unlawful demolition and/or the penalty and the cost assessment for the
unlawful demolition..
(5) Determininga request for reasonable accommodation.
(Ord. No. 1316, § 5.30.010, 6-7-76; Ord. "No.1375, 11-21-77; Ord.. Na 1654, 4-22-85;. Ord. No. 1741, 12-
21-87; Ord, No. 2083, § 1, 5-7-01; Ord. No,.2149, § l 5- .-06; Ord. No. 2222; § ll(Exh. A),10-21-13)
Sec. 29.20.257. - Appeals from decisions by the Development Review Committee.
Any interested person may appeal to the Planning Commission any Development Review Committee
decision making a determination authorized by section 29.20 745.
(Ord. No. 1900, § i, 5-4-92)
Sec. 29.20.258. -Appeals from decisions of the Historic Preservation Committee.
Any interested person may appeal to the Planning Commission any Historic Preservation Committee
determination.
(Ord. No. 1915, § 1, 10-19-92)
Sec.. 29.20.260. - Noticeof appeal.
The appellant must fife a written notice of appeal with the Planning. Director not more than ten (10) days
after the date of mailing; of written notification of the Planning Director's decision and not more than
ten (10) days after the decision is rendered by the Development Review Committee or the Historic
Preservation Committee. The notice shall state clearly the reasons why the appeal ought to be granted.
Once a written notice of appeal has been filed, itmay be withdrawn by the appellant at anytime prior to
the distribution of public hearing notices, but not thereafter.
Attachment 1
(Ord. No. 1316, § 5.30.020, 6-7-76; Ord. No. 1900, § 11, 5-4-92; Ord. No. 1915, § 1I,10-19-92; Ord. No.
2149, § I, 5-1-06)
Sec. 29.20.265. - Hearing of appeal.
(a) Hearing of the appeal shall be set for the first regular meeting of the Planning Commission in which
the business of the Planning Commission will permit, more than five (5) days after the date of filing the
appeal, The Planning Commission may hear the matter anew and render a new decision in the matter.
(b) For hearings dealing with an appeal of an unlawful demolition and/or the penalty fee for the lawful
demolition the Planning Commission shall do the following:
(1) The Planning Commission shall consider any written or oral evidence consistent with its rules
and procedures regarding the violation, compliance by the violator or by the real property
owner, and the amount of the penalty.
(2) The Planning Commission shall make the findings and issue its determination regarding:
a. The existence of the violation;
b. The appropriateness of the amount of the penalty fee.
(3) The Planning Commission shall issue written findings of each violation. The findings shall be
supported by evidence received at the hearing.
(4) if the Planning Commission finds by the evidence provided that a violation has occurred, the
Planning Commission shall affirm the decision of the Planning Director.
(5)
If the Planning Commission finds that no violation has occurred, the Planning Commission shall
state a finding of those facts.
(6) The Planning Commission may approve or reduce the amount of the penalty but not the
application penalty fee which is established by resolution.
(Ord. No. 1316, § 5.30.030, 6-7-76; Ord. No. 1375, 11-21-77; Ord, No. 2083, § I, 5-7-01)
Sec. 29.20.270. - Reserved.
Editor's note— Section III of Ord. No. 1900, adopted May 4,1992, repealed former § 29.20.270, relative
to appeals from decisions by the Development Review Committee, which derived from Ord. No. 1316,1
5.30.040, adopted lune 7, 1976; Ord. No. 1375, adopted Nov. 21, 1977; and Ord. No. 1630, enacted Nov.
19,19844, See current,. 29.20.257 for similar subject matter.
Sec. 29.20.275. - Appeals from decisions by the Planning Commission.
Any interested person may appeal to the Council from 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.
(Ord. No. 1316, § 5.30.050, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1523, 12-21-81; Orel. No. 1526, 3-
15-82; Ord, No. 2149, § 1, 5-1-06)
Sec. 29.20.280. - Hearing by Council.
The appeal shall be heard by the Council within fifty-six (56) days after the date of the hearing at which
the final decision by the Planning Commission was made. The Council may continue from time to time
any hearing held by it.
(Ord. No. 1316, § 5.30.060, 6-7-76; Ord. No. 1967, §1, 1-18-94)
Sec. 29.20,285. - Setting and notice of hearing.
The Clerk shall set the hearing of the appeal and shall give notice of such hearing in the manner required
for the hearing of the matter before the Planning Commission. In addition, the Council may give notice
of the hearing in such other manner as it wishes.
(Ord. No. 1316, § 5.30.070, 6-7-76; Ord. No, 1375, 11-21-77)
Sec. 29.20.290. - Transmittal ofthe records of Planning Commission.
The Planning Director shalt transmit the entire record of any proceeding :under this chapter to the
Council.
(Ord. No. 1316, § 5.30.080, 6-7-76)
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 is 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.
(Ord. No. 1316, § 5.30.090, 6-7-76; Ord. No. 1901, § 1,5-4-92; Ord. No. 1996, § 1, 3-20-95)
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 Tight of the new information unless
the new information has 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.
(Ord. No. 1316, § 5.30.100, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1471, 5-19-80; Ord. No. 1901, § II,
5-4-92; Ord. No. 1996, § It, 3-20-95)
N:\DEV\JOEL\TC\Poticy Committee\AppealAttachment .docx
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
110 E. Main Street
Los Gauls, CA 95030
APPEAL OF TH DECISION OF
DIRECTOR OF COMMUNITY DEVELOPMENT
QR
DEVELOPMENT REVIEW COMMITTEE
PLEASE TYPE or PRINT NEATLY
I, the undersigned, do hereby appeal a decision of the COMMUNITY DEVELOPMENT DEPARTMENT/DIRECTOR OF
COMMUNITY DEVELOPMENT OR DEVELOPMENT REVIEW COMMITTEE as follows:
DATE OF DECISION:.
PROJECT/APPLICATION:
LOCATION:
LIST REASONS WHY THE APPEAL SHOULD BE GRANTED:
(If more space is needed, attach additional sheets.)
IMPORTANT:
1. APPEAL MUST BE FILED WITHIN TEN (10) DAYS AFTER THE DATE OF MAILING OF WRITTEN NOTIFICATION OF
THE DECISION.
2. THE APPEAL SHALL BE SET FOR THE FIRST REGULAR MEETING OF THE PLANNING COMMISSION WHICH THE
BUSINESS OF THE PLANNING COMMISSION WILL PERMIT, MORE THAN FIVE (5) DAYS AFTER THE DATE OF THE
FILING OF THE APPEAL. THE PLANNING COMMISSION MAY HEAR THE MATTER ANEW AND RENDER A NEW
DECISION IN THE MATTER.
3. YOU WILL BE NOTIFIED, IN WRITING, OF THE APPEAL DATE.
4. CONTACT THE PROJECT PLANNER TO DETERMINE WHAT MATERIAL IS REQUIRED TO BE SUBMITTED FOR THE
PUBLIC HEARING.
RETURN APPEAL FORM TO COMMUNITY DEVELOPMENT DEPARTMENT
PRINT NAME SIGNATURE
DATE ADDRESS
PHONE
******#*****M***Yi***-******i#********ti*****************#********* *. *************
OFFICE USE ONLY
DATE OF PLANNING COMMISSION HEARING:
COMMISSION ACTION: 1.
2.
3.
DATE:
DATE:
DATE:
PLAPPEAL $192.00 Residential
PLAPPEAL $ 767.00 Commercial ,
PLAPPEAL $ 78.00 Tree Appeals
N:%DEV\FORMS\PFaru 1s \7017-1.8 Fo CDD.DRC4c cx 7/01/2017
Attachment 2
DATE TO SEND PUBLICATION:
FILING FEES
$381.00 (PLAPPEAL) Residential
$1,533.00 (PLAPPEAL), per
Commercial Multi -family or
Tentative Map Appeal
TRANSCRIPTION $500 (PLTRANS)
PROJECT / APPLICATION NO:
ADDRESS LOCATION:
Town of Los Gatos
Office of the Town Clerk.
110 E. Main St, Los Gatos. CA 95030
APPEAL OF PLANNING COMMISSION DECISION
I, the undersigned, do hereby appeal a decision of the Planning Commission as
follows: (PLEASE TYPE OR PRINT NEATLY)
DATE OF PLANNING COMMISSION DECISION
Pursuant to the Town Code, the Town Council may only grant an appeal of a Planning Commission decision in most matters if the
Council finds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) Council members. Therefore,
please specify how one of those reasons exists in the appeal:
1. The Planning Commission erred or abused its discretion because
OR
2. There is new information that was not reasonably avaitabie at the time of the Planning. Commission decision, which is
(please attach the new information if possible): OR
3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the
Town Council:
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS.
IMPORTANT:
1. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing.
2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing fee.
Deadline is 5:00 p.m. on the 10d' day following the derision. If the 10th day is a Saturday,. Sunday, or Town holiday, then it
may be filed on the workday immediately following the 10th day, usually a Monday.
3. The Town Clerk will set the hearing within 56 days of the date of the Planning Commission Decision (Town Ordinance No. 1967).
4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
5. Once filed, the appeal will be heard by the Town Council.
6. If the reason for granting an appeal is the receipt of new information, the application will usually be returned to the Planning
Commission for reconsideration.
PRINT NAME:
DATE:
PHONE:
DATE OF PUBLIC HEARING:
SIGNATURE:
ADDRESS:
*** OFFICIAL USE ONLY ***
CONFIRMATION LETTER SENT: Date:
Pending Planning Department Confirmation TO APPLICANT & APPELLANT BY:
DATE OF PUBLICATION:
N:VEIAFORMSVIIn INA2017.1a Vc n$ r,e.l- PCdoc ? 111017
ORDINANCE
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
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; and
WHEREAS, the proposed amendments give the Town Council more discretion as the
ultimate decision -maker without needing to make one of the three findings currently required
by Section 29.20.300; and
WHEREAS, the proposed amendments still provide the Town Council the option of
remanding an application that is appealed to the Town Council back to Planning Commission
for review; and
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; and
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 of the proposed amendments
modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on ; and
EXHIBIT 6
WHEREAS, on , 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 a majority of the Council.
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
29.20.295 and Section 29.20.300 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 500 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 injured 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
from a y 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, 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.
2
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.
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 from 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. 29.20.295. - 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
b ars the burden of proof before the Council is proving that one or more of the reasons specified
in section 29.20.300 exist on the app al 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.
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 thc 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 thc part of thc Planning Commission; or
(2) The new information that was submitted to the Council during the app al process that was
not readily and r asonably available for submission to thc Commission; or
(3) An issue or policy over which the Commission did not have discretion to modify or address,
3
but which is vested in the Council for modification or decision.
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 minimal effect on the application.
(d-b) 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.
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 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 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 Unless there is art
objection. The residents and property owners Any interested person as defined in
Sec. 29.10.020 will have ten days from the date of approval the "Notice of Pending
Approval" in which to file a written notice of appeal to the Planning Commission with
review the application and to notify the Planning Director an writing of any concerns or
problems.
{d) If a written notice of appeal 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
{c)
for and issued, subject to the conditions of the zoning approval.
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 at the applicant's cost. All property owners
and residents notified originally shall be notified of the Planning Commission meeting.
4
(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 required to 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.
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 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 and
becomes effective 30 days after it is adopted.
5
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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
N:\D EV\O R DS\2019\La nd UseAppea l 3-27.doc
6