Item 3 - Staff Report.Parking Lot Improvement Amendment A-19-004
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 08/14/2019 ITEM NO: 3
DATE: August 5, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Town Code Amendment Application A-19-004. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding parking lot improvement regulations.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of the amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding parking lot improvement regulations.
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 this project 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
The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Following a brief discussion, the Policy Committee provided direction to bring back the parking
lot improvement regulations for further discussion. Potential amendments to the
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BACKGROUND (continued):
regulations for parking lot improvements was one of the topics identified by staff as an
opportunity to streamline the land use process and costs.
On May 28, 2019, the Policy Committee reviewed potential changes to the parking lot
improvement regulations, and recommended approval of the changes.
DISCUSSION:
Section 29.10.145 (h), (l), (m), and (n) of the Town Code contains regulations regarding Building
Permits for parking lot improvements. Additionally, Section 29.20.745 (4) of the Town Code
designates the Development Review Committee (DRC) as the deciding body for these Building
Permits.
The existing Town Code requires Building Permits for parking lot improvements to be reviewed
by the DRC. DRC review of the Building Permits does not require an additional fee, and typically
does not add significant processing time to the Building Permit process. While there are no
additional costs nor significant processing time related to the DRC review, the Policy Committee
did not believe that the additional layer of review was necessary, given that the same
departments that are represented on the DRC already review the Building Permits. This
additional layer of review could be eliminated if Section 29.10.145 (l), (m), and (n) and Section
29.20.745 (4) were amended.
A. Existing Town Code
Existing Town Code Section 29.10.145 (l), (m), and (n) of the Town Code discusses parking
lot improvement regulations:
…..
(l) Determination. Applications for permits for parking lot improvements shall be
determined by the Planning Director. When compliance with State disabled-accessibility
statutes and regulations will result in a reduction in the number of spaces remaining in
the parking lot below the number required by this chapter, the application shall be
determined by the Development Review Committee through the building permit
process.
(m) Standards for disabled accessibility. Parking lot improvements shall be rendered
disabled-accessible. Each application for a permit for parking lot improvements shall be
reviewed and determined in accordance with the requirements for disabled-accessibility
as set forth in title 24 of the California Administrative Code. The Development Review
Committee may approve a permit for parking lot improvements which reduces the
number of parking spaces required pursuant to section 29.10.150. This approval must
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DISCUSSION (continued):
be based upon a finding that public necessity for disabled-accessible parking spaces
outweighs the need for the number of parking spaces required by section 29.10.150.
(n) Effect of Development Review Committee approval. No penalties shall apply to and no
assessments shall be based on an increased parking space deficiency or a created
parking space deficiency pursuant to section 29.10.150 resulting from the Development
Review Committee approval of a parking lot permit under subsection (l) of this section.
This subsection (n) shall not apply to an increased parking space deficiency or a created
parking space deficiency due to an addition to a building or a structure or to an
intensification of use.
…..
Existing Town Code Section 29.20.745 discusses the assignment of duties for the DRC:
The Development Review Committee shall:
…..
(4) Review and make recommendations on parking lot permits under section 29.10.155(l)
including reconfiguration or trade-off of zoning requirements under other sections of
this chapter, and under section 29.10.145(g) on use of valet parking for parking lots
within a town parking assessment district. The development review committee has the
authority to make final determinations for approval and revocation of parking lot
permits for valet parking.
…..
B. Proposed Modifications
Based on the discussion above, as recommended by the Policy Committee, staff has
prepared a Draft Ordinance implementing the amendments, (Exhibit 6) for the Planning
Commission’s consideration. The potential amendments, shown in strike through and
underline font in Exhibit 6, would make the following change:
• Modify the deciding body for Building Permits for parking lot improvements from the
DRC to the Director of Community Development.
C. Public Outreach
Public input has been requested through the following media and social media resources:
• A poster at the Planning counter at Town Hall;
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DISCUSSION (continued):
• 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).
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
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 of the amendments to Chapter 29 of the
Town Code in the Draft Ordinance. 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 Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 6).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Draft Ordinance
with modifications; or
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CONCLUSION (continued):
2. Forward a recommendation to the Town Council for denial of the Draft Ordinance; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings (one page)
2. Town Council Policy Committee Minutes, February 26, 2019 (three pages)
3. Town Council Policy Committee Report, February 26, 2019 (two pages)
4. Town Council Policy Committee Minutes, May 28, 2019 (two pages)
5. Town Council Policy Committee Report without attachments, May 28, 2019 (two pages)
6. Draft Ordinance (one page)
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