20 Staff Report - Amending Town Code SectionsTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: February 15, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT:
COUNCIL AGENDA
DATE: 2/15/95
ITEM NO. U
CONSIDER INTRODUCTION OF ORDINANCE 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
RECOMMENDATION:
a. Direct the Clerk to read the title.
b. Waive the reading.
c. Introduce Ordinance 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.
DISCUSSION:
At the February 6, 1995, Council meeting, the Council directed staff to add a provision to the proposed
ordinance that would indicate that the Council would probably refer an application back to the Planning
Commission if the reason for granting an appeal was that new information was provided to the Council that
was not available to the Commission.
The Council emphasized that this was important for 2 reasons:
A. The Commission should have an opportunity to review the application in Tight of the new
information.
B. Citizens should be discouraged insofar as possible from bypassing the Commission and using "new
information" as an excuse.
PREPARED BY: LARRY E. ANDERSON
Town Attorney
LEAyfg Revised: 2/15/95 2:27 pm
C:\WPFILES\CNCLRPTS\PCREV2.CNL
Attachments: Attachment 1 - Ordinance
Distribution: Planning Commission
Reviewed by:
Manager[-- Clerk Finance !� Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
Published Date: 2/15/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER INTRODUCTION OF ORDINANCE 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
DATE February 15, 1995
On the other hand, a recent appeal was noted in which a citizen was unable to attend the Commission
hearing, but only wanted a minor change made to the project, which the applicant was willing to accept.
The new language is added to Section 29.20.300(c) of the proposed ordinance as follows:
(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.
FISCAL IMPACT:
No fiscal impact.
ORDINANCE
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.
SECTION III
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 regular meeting of the Town Council of the Town of Los Gatos on
ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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. This
February 21, 1995
Los Gatos, California
ARCHITECTURAL STANDARDS COMMITTEE/LICENSED ARCHITECT/RESO 1995-27 (17.20)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-27
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING ARCHITECTURAL
STANDARDS SUBCOMMITTEE OF THE PLANNING COMMISSION AND ADDING A
LICENSED ARCHITECT AS A MEMBER WITH ALTERNATE, Carried unanimously.
PLANNING COMMISSION/COMMENDATION/LEE CHASE/RESOLUTION 1995-28 (18.20)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-28
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING LEE CHASE FOR
HIS SERVICE AS A MEMBER OF THE PLANNING COMMISSION OF THE TOWN OF LOS
GATOS, Carried unanimously.
VERBAL COMMUNICATIONS
Los Gatos Boulevard Development:
Jim Evans, Steve Anders and Tom Smith, owners of McWorter's Stationary Store, Village Square
Shopping Center, discussed conditional use permits for super markets and drug stores, and
requested that Council expand the ordinance to include other large retail businesses.
Steve Anders, asked for this consideration and to consider the present use. He suggested dome
alternate car dealership use.
Tom Smith spoke of the over all planning of the Boulevard and the need for occasional alternate
use permits.
PLANNING COMMISSION DETERMINATIONS/TOWN COUNCIL REVIEW STANDARD
ORDINANCE INTRODUCTION (20.47)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to waive the reading of the Draft Ordinance.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE 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, Carried unanimously.
"IRISH DAYS"/MARCH 6-20, 1995/RESOLUTION 1995-29 (14.42)
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1995-29
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING MARCH 6 THROUGH
MARCH 20, 1995 AS "IRISH DAYS" IN THE TOWN OF LOS GATOS, Carried unanimously.
AUTOMOBILES/2 SEDANS/GENERAL SERVICES/RESOLUTION 1995-30 (15.28)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1995-30
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES FOR THE PURCHASE OF (2) TWO 1995 SEDANS.
Carried by a vote of 4 ayes. Mr. Attaway voted no stating that too many cars were being
purchased at once and he would prefer to see the purchasing done on a different time table with
different criteria used for evaluation.
TC: D7: MM022195
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