18 Staff Report - Amending Town Code SectionsTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: March 14, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEIS.
SUBJECT:
COUNCIL AGENDA
DATE: 3/20/95
ITEM NO.
RE -ADOPT ORDINANCE 1996 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. Re -adopt Ordinance 1996 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; and
b. Instruct the Clerk to publish the ordinance within 15 days of adoption.
DISCUSSION:
This ordinance was introduced on February 21, 1995, and public comment received at that time. The
ordinance was adopted by the Council on March 6, 1995.
However, the Weekly Times was not able to publish the ordinance within 15 days of adoption. Therefore,
pursuant to Government Code § 36933, the ordinance must be re -adopted in order to be valid. This means
that the effective date of the ordinance will be delayed until April 20, 1995.
PREPARED BY: LARRY E. ANDERSON
Town Attorney
LEAyfg Revised: 3/14/95 3:42 pm
C:\WPFILES\CNCLRPTS\PLNGREAD.TCR
Attachments: Attachment 1 - Re -Adopted Ordinance
Distribution: Planning Commission
Reviewed by: OVAL Manager Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
Published Date: 2/15/95
ORDINANCE 1996
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.
N:\SHARE\AT030695. R19
2
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on February 21, 1995 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
1995. This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
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OFFICE OF THE TOWN CLERK A-TO3ao QS. 0/4
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT: ATTORNEY
COUNCIL AGENDA DATE: 03/20/95
COUNCIL AGENDA ITEM: 18
SUBJECT:
PLANNING COMMISSION DETERMINATIONS
PUBLISH FULLJORDINANCE
RESOLUTION ORDINANCE
Number: Number:
Date of Adopt:
Date of Intro: 02/21/95
Date of Adopt: 03/20/95
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor(or Chairman) PATRICK O'LAUGHLIN.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
ORDINANCE 1996
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.
N:\SHARE\AT032095.R18 2
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on February 21, 1995 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 March 20, 1995. This ordinance takes effect thirty (30) days after
it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
March 20, 1995
Los Gatos, California
TREE PRUNING/BID AWARD/9432 PROJECT/RESOLUTION 1995-35 (13.35)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-35
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH ARBOR CARE TO COMPLETE PROJECT 9432 -
TREE PRUNING AND REMOVAL. Carried unanimously.
ENERGY CONSERVATION MODIFICATIONS/GENERAL LIGHTING SERVICES
9321 PROJECT/RESOLUTION 1995-36 (14.35)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-36
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
GENERAL LIGHTING SERVICES PROJECT 9321 - ENERGY CONSERVATION
MODIFICATIONS AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
TOWN CLERK. Carried unanimously.
TELECOMMUNICATIONS/SANTA CLARA COUNTY/RESOLUTION 1995-37 (16.29)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-37
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND ENDORSING
SANTA CLARA COUNTY JOINT TELECOMMUNICATIONS GROUP POSITION PAPER:
PENDING FEDERAL TELECOMMUNICATIONS LEGISLATION. Carried unanimously.
NEWSRACK REGULATIONS/PUBLIC RIGHT-OF-WAY/ORDINANCE 1995 (17.05)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council re -adopt Ordinance 1995
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 23 OF THE
TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING INTO THE
PUBLIC RIGHT-OF-WAY, which was introduced on February 21, 1995, with public comment
received at that time, and was adopted by Council March 6, 1995. Carried unanimously.
PLANNING COMMISSION DECISIONS/REVIEW STANDARD/ORDINANCE 1996 (18.47)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council re -adopt Ordinance 1996
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, which was introduced on February 21, 1995, with public comment received
at that time, and was adopted by Council March 6, 1995. Carried unanimously.
VERBAL COMMUNICATION
Highway 17 Rail Study:
Jo Bartlett, 166 Oak Hill Way, asked about the Highway 17 Rail Study, noting that it had been
studied before and that that committee had reached the same conclusions. They had suggested
improvements but recommended against any major expensive project.
The Health Place:
Caroline Clevehammer, 1 Washington Square, San Jose, representing the Health Place, thanked
Council for budget consideration for the frail and elderly that this service provides for. She
noted overall funding cuts and the need for the Town's continued support.
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TC: D7: MM032095