Item 3.Staff Report with Exhibits 1 through 2.HPC Ordinance Amendments
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 02/14/2024
ITEM NO: 3
DATE: February 9, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter
29 (Zoning Regulations) of the Town Code Regarding the Powers and Duties of
the Historic Preservation Committee. The Proposed Amendments also include
Revisions to Chapter 29 Regarding Assignment of Duties of the Planning
Director and Appeals of Decisions of the Historic Preservation Committee. The
Proposed Amendments to the Town Code are Not Considered a Project Under
Section 15378 of the California Environmental Quality Act. Town Code
Amendment Application A-24-001. Project Location: Town Wide. Applicant:
Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding powers and duties of the Historic Preservation
Committee. The proposed amendments also include revisions to Chapter 29 regarding
assignment of duties of the Planning Director and appeals of decisions of the Historic
Preservation Committee.
CEQA:
The proposed amendments to the Town Code are not considered a project under Section
15378 of the California Environmental Quality Act.
FINDINGS:
▪ The proposed amendments are Exempt Pursuant to CEQA, Section 15061(b)(3); and
▪ The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
PAGE 2 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments
DATE: February 9, 2024
BACKGROUND:
Section 29.80.225 of the Town Code provides that the Historic Preservation Committee acts as
an advisory body to the Planning Commission on all matters pertaining to historic preservation.
Additionally, this Section requires that two Planning Commissioners are to be appointed to
serve on the Committee alongside three members of the public appointed by the Town Council.
Town Code Section 29.80.227 provides that the Committee’s powers and duties consist of the
following:
1) Regularly review and make recommendations to the Planning Commission concerning the
determination of all matters pertaining to historic preservation which come before the
Planning Commission.
2) Review and make recommendations to the Planning Director concerning the determination
of a minor residential development permit for properties with a Landmark and Historic
Preservation (LHP) overlay zone or structures which were built prior to 1941.
3) Determine and issue approval for minor residential and commercial exterior alterations not
covered under the architecture and site approval process or the minor residential
development permit, for designated properties with a LHP overlay zone pursuant to
subsection 29.20.485.
4) Upon request of the Planning Director, review pending or proposed building permits dealing
with historic structures when it is questionable that the work proposed meets the
guidelines for pre-1941 structures.
5) May, on request of the property owner, advise with respect to any proposed work requiring
or not requiring a Town permit on any historic structure, a designated landmark site, or in a
designated historic district. Examples of the work referred to are additions, demolitions,
painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and
installation of lighting fixtures. In advising, the Historic Preservation Committee shall be
guided by the purposes and standards specified in this division and other applicable
ordinances and/or development standards. This subsection does not impose regulations or
controls on any property.
While most of the powers and duties are advisory only, Subsection (3) does provide that the
Committee renders decisions regarding some minor residential and commercial exterior
alterations. By practice, the Committee also makes determinations on requests to remove pre-
1941 properties from the Historic Resources Inventory. In accordance with Town Code Section
29.20.258, these decisions and determinations are appealable to the Planning Commission.
Such appeals are rare. In 2023, there were two appeals of Committee decisions to the Planning
Commission.
PAGE 3 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments
DATE: February 9, 2024
BACKGROUND (continued):
Government Code Section 1099 codifies the common law “incompatible offices” doctrine and
prohibits individuals from serving on both an initial decision-making legislative body and a
legislative body with the ability to review those decisions. Government Code Section 1099
applies only to decision-making bodies and does not apply when one of the legislative bodies is
advisory in nature.
In addition, Procedural Due Process principles require that applicants for quasi-adjudicatory
planning approvals receive “notice and a fair hearing.” Quasi-adjudicatory decisions are those
that require a decision-maker to apply the law to facts and make findings. A “fair hearing”
requires unbiased decision-makers [Clark v. City of Hermosa Beach, 48 Cal.App.4th 1152 (1996)].
A challenge could arise for Planning Commissioners when hearing an appeal of a decision in
which they initially participated or for which they made a recommendation and appear
unbiased. To provide a “fair hearing” when an appeal is filed, the best practice is that any
decision-maker who participated in the original decision recuse themselves from the appeal of
that decision.
On January 16, 2024, the Town Council considered a request for direction on potential
amendments to the Historic Preservation Committee Ordinance and enabling resolution to
address the challenges that can arise when a decision by the Committee is appealed to the
Planning Commission. After considering multiple options, the Council directed staff to prepare
amendments to the Town Code and Enabling Resolution to provide that the Committee is
advisory in nature.
DISCUSSION:
The following changes to the Town Code are necessary to provide that the Committee is
advisory in nature:
A. ARTICLE II, DIVISION 7. POST-APPROVAL ACTIONS
Section 29.20.255. Appeals from the decision by the Planning Director.
A new Subsection (6) would be added to provide that the determinations of the Director on
matters of historic preservation are appealable to the Planning Commission.
Section 29.20.258. Appeals from decisions of the Historic Preservation Committee.
Consistent with Council direction and Section 29.80.225 of the Town Code, these
amendments will provide that the Committee is advisory in nature, making
recommendations on matters of historic preservation to the Planning
PAGE 4 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments
DATE: February 9, 2024
DISCUSSION (continued):
Director and the Planning Commission. These recommendations of the Committee are not
subject to appeal. Therefore, Section 29.20.258 which sets forth the process to appeal a
decision of the Committee, is not needed and would be removed from the Town Code. The
decisions of the Planning Director and the Planning Commission on matters of historic
preservation will continue to be subject to appeal.
B. ARTICLE II, DIVISION 7. ASSIGNMENT OF DUTIES
Section 29.20.700. Planning Director.
A new Subsection (35) would be added to provide that the Planning Director determines
matters pertaining to historic preservation described in Section 29.80.227 that are not
assigned to the Planning Commission.
Section 29.20.750. Planning Commission.
A new Subsection (25) would be added to provide that the Planning Commission
determines matters pertaining to historic preservation described in Section 29.80.227 that
are not assigned to the Planning Director.
C. ARTICLE VIII, DIVISION 3. HISTORIC PRESERVATION AND LHP OR LANDMARK AND HISTORIC
PRESERVATION OVERLAY ZONE
Section 29.80.220. Powers and duties of the Planning Commission.
Subsection (5) would be revised to state that the Planning Commission shall seek and
consider a recommendation from the Committee, rather than seek and consider a report.
Section 29.80.222. Powers and duties of the Planning Director.
This Section would be added to provide that, upon recommendation from the Committee,
the Planning Director determines matters pertaining to historic preservation not assigned to
the Planning Commission.
Section 29.80.225. Historic Preservation Committee.
Subsection (a) would be revised to note that the Committee is an advisory body to both the
Planning Commission and Planning Director, reflecting the powers and duties of the
Committee as detailed below.
PAGE 5 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments
DATE: February 9, 2024
DISCUSSION (continued):
Section 29.80.227. Powers and duties of the Historic Preservation Committee.
• Revise Subsection (3) to provide that the Committee review and make
recommendations to the Planning Director on minor residential and commercial
exterior alterations not covered under the architecture and site approval process or the
minor residential development permit, for designated properties with a LHP overlay
zone pursuant to subsection 29.20.485; and
• Add a new Subsection (6) to provide that the Committee review and make
recommendations to the Planning Director on requests for removal of a pre-1941
property from the Historic Resources Inventory.
D. Historic Preservation Committee Enabling Resolution
The initial enabling resolution for the Committee was adopted by the Council in 1988,
describing the Committee as advisory to the Planning Commission and establishing a
framework for Committee membership and operations consistent with the Town Code.
This resolution was amended in 1995, 2010, 2011, and 2021. To reflect the proposed
amendments to the Town Code concerning the Committee described above, a draft
Enabling Resolution showing additional language underlined is included as Attachment 3.
PUBLIC COMMENTS:
Staff conducted outreach through the following media and social media resources, as well as
direct communication with stakeholders as summarized below:
• 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.
CEQA DETERMINATION:
The proposed amendments to the Town Code are not considered a project under Section
15378 of the California Environmental Quality Act.
CONCLUSION:
A. Summary
The Draft Ordinance will provide that the Historic Preservation Committee is an advisory
PAGE 6 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments
DATE: February 9, 2024
CONCLUSION (continued):
body to the Planning Commission and the Planning Director. As an advisory body, the
Committee’s recommendations are not subject to appeal; however, the decisions of the
Planning Commission and Planning Director are appealable. The Draft Enabling Resolution
reflects the changes proposed in the Draft Ordinance.
B. Recommendation
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 Amendments (Exhibit
1) and the Draft Enabling Resolution (Exhibit 2). The Planning Commission should also
include any comments or recommended changes to the Draft Ordinance and Draft Enabling
Resolution in taking the following actions:
1. Make the finding that the Proposed Amendments to the Town Code are not considered
a project under Section 15378 of the California Environmental Quality Act (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 1) and approval of the
Draft Enabling Resolution (Exhibit 2).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Draft Ordinance
and/or the Draft Enabling Resolution with modifications; or
2. Forward a recommendation to the Town Council for no changes to the Town Code
and/or the Draft Enabling Resolution; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Draft Ordinance Amendments
2. Draft Enabling Resolution
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Ordinance February 14, 2024
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE
REGARDING APPEALS FROM THE DECISION BY THE PLANNING DIRECTOR,
APPEALS FROM THE DECISION OF THE HISTORIC PRESERVATION COMMITTEE,
ASSIGNMENT OF DUTIES TO THE PLANNING DIRECTOR, ASSIGNMENT OF DUTIES TO
THE PLANNING COMMISSION, POWERS AND DUTIES OF PLANNING COMMISSION,
POWERS AND DUTIES OF THE PLANNING DIRECTOR, AND POWERS AND DUTIES OF
THE HISTORIC PRESERVATION COMMITTEE
WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the Town Council has the authority to enact and
enforce ordinances and regulations for the public peace, morals, and welfare of the Town and
its residents; and
WHEREAS, structures, sites, and areas of special character or special historical,
architectural, or aesthetic interest or value, are irreplaceable assets to the Town; and
WHEREAS, the purpose of historic preservation is to promote the health, safety and
general welfare of the public through:
(1) The protection, enhancement, perpetuation and use of structures, sites and areas
that are reminders of past eras, events and persons important in local, State, or
National history, or which provide significant examples of architectural styles of the
past or are landmarks in the history of architecture, or which are unique and
irreplaceable assets to the Town and its neighborhoods, or which provide for this and
future generations examples of the physical surroundings in which past generations
lived.
(2) The development and maintenance of appropriate settings and environment for such
structures.
(3) The enhancement of property values, the stabilization of neighborhood and areas of
the Town, the increase of economic and financial benefits to the Town and its
inhabitants, and the promotion of tourist trade and interest.
(4) The enrichment of human life in its educational and cultural dimensions by serving
aesthetic as well as material needs and fostering knowledge of the living heritage of
the past.
WHEREAS, the Town Council of the Town of Los Gatos established the Historic
Preservation Committee as an advisory body on all matters pertaining to historic preservation;
and
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
EXHIBIT 1
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Ordinance February 14, 2024
WHEREAS, the Town Council wishes to clarify that the Historic Preservation Committee
is an advisory body providing recommendations to the Planning Commission and the Planning
Director; and
WHEREAS, the amendments to the Town Code are consistent with the General Plan in
that the amendments will continue to implement Policies CD-12.4 and CD-12.5 of the 2020
General Plan and Policy ENV-13.5 of the 2040 General Plan; and
WHEREAS, on February 14, 2024, the Planning Commission reviewed and commented
on the proposed amendments regarding historic preservation and forwarded a
recommendation to the Town Council for ________ of the proposed amendments; 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
WHEREAS, on ______________, the Town Council reviewed and commented on the
proposed amendments regarding historic preservation and the Town Council voted to
introduce the Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Section 29.20.255, “Appeals from the decision by the Planning Director,” of Chapter
29, “Zoning Regulations,” is amended to read as follows:
Any interested person as defined in section 29.10.020 may appeal to the Planning
Commission any 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,
for a minor residential development 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.
(6) Determining matters pertaining to historic preservation.
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Ordinance February 14, 2024
SECTION II. Section 29.20.258, “Appeals from the decision of the Historic Preservation
Committee,” of Chapter 29, “Zoning Regulations,” is removed.
Sec. 29.20.258. Appeals from decisions of the Historic Preservation Committee.
Any interested person as defined in section 29.10.020 may appeal to the Planning
Commission any Historic Preservation Committee determination.
SECTION III. Section 29.20.700, “Planning Director,” of Chapter 29, “Zoning Regulations,” is
amended to read as follows:
(1) Prescribes all forms and contents of applications.
(2) Keeps all records of Planning Commission, Development Review Committee, Historic
Preservation Committee, Planning Director and Planning Department work, except
records transmitted to the Town Council and retained by the Town Clerk.
(3) Investigates applications.
(4) Gives all notices except notices of proceedings of the Town Council.
(5) Prepares Development Review Committee and Planning Commission agendas, sets
Development Review Committee and Planning Commission hearing dates (subject to
the requirements of this chapter) and establishes filing deadlines.
(6) Issues permits for temporary sales of Christmas trees and pumpkins, use and
occupancy certificates, horse permits and amateur horse events, home occupations
and sign permits.
(7) Determines revocations or modifications of animal permits and home occupation
permits.
(8) May refer any matter assigned by ordinance to the Planning Director for decision to
the Planning Commission for decision.
(9) Determines applications for sign approval when action is not required of the Council
or Planning Commission.
(10) Determines applications for tree permits upon recommendation by the Director of
Parks, Forestry and Maintenance Services to the extent provided by section
29.10.0985.
(11) Determines applications for section 29.10.09030 demolition permits.
(12) Where action is based on an application or notice of appeal, prepares a written
notification of all determinations, except determinations by the Council, and sends
the notifications to all applicants and appellants.
(13) Prepares and sends notifications required by statute to the County Assessor.
(14) Notifies applicants of hearings.
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Ordinance February 14, 2024
(15) Keeps records of nonconforming signs and mails notices to owners of such signs.
(16) Corrects the zoning map.
(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance compliance.
(19) Determines parking requirements for uses whose parking requirements are not
specified.
(20) Keeps records of those properties which have utilized parking district exemptions.
(21) Determines applications for expansion of nonconforming one- or two-family
dwellings.
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures.
(24) Chairs the Development Review Committee.
(25) Assists in the writing of ordinances.
(26) Determines whether lots have merged.
(27) Jointly with the Building Official and the Town Engineer, determines parking lot
permits as provided by section 29.10.155(l).
(28) Determines initial applications, any application for time extensions and applications
for remodeling or reconstruction for secondary dwelling unit permits.
(29) Determines application for plumbing fixtures in accessory buildings.
(30) Has those duties described in division 8 of this article.
(31) Determines applications for accessory structures in R-1 zones in excess of four
hundred fifty (450) square feet or on properties with one- or two-family dwellings.
(32) Maintains a record of secondary dwelling unit development transfer credits and a
list of persons interested in obtaining a transfer credit.
(33) Determines requests for reasonable accommodation when action is not required of
the Council, Planning Commission or the Development Review Committee.
(34) Determines applications for minor exterior alterations to commercial buildings.
(35) Determines matters pertaining to historic preservation as provided in section
29.80.222.
SECTION IV. Section 29.20.750, “Planning Commission,” of Chapter 29, “Zoning Regulations,” is
amended to read as follows:
The Planning Commission:
(1) May initiate general plan amendments and specific plans or amendments.
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Ordinance February 14, 2024
(2) Hears and recommends all proposals for adoption and amendment of the general
plan.
(3) Hears and recommends all proposals for adoption and amendment of specific
plans.
(4) May initiate zone changes and amendments to this chapter.
(5) Hears and recommends proposals for zone changes, prezonings, and amendments
to this chapter, including those referred to it by the Town Council.
(6) Determines whether to hear applications for rezoning made within one (1) year of
a similar application.
(7) Determines variance applications.
(8) Determines conditional use permit applications that are not assigned to the
Development Review Committee or the Town Council.
(9) Determines applications for architecture and site approval except those items
listed in section 29.20.745.
(10) Determines time extension when it would have had the power to grant the original
approval.
(11) Determines revocations and modifications of zoning approvals as provided in
section 29.20.310.
(12) Determines matters referred to it by the Planning Director.
(13) Hears appeals from decisions of the Planning Director.
(14) Determines whether to allow all deviations from the standards of this chapter
which are specifically authorized by this chapter except variances, and determines
when stricter standards than those generally imposed by this chapter but
specifically provided for in this chapter apply.
(15) Determines applications to alter or demolish structures, sites and areas
designated, determines whether the Commission must suspend action on
applications to alter or demolish structures, sites and areas designated, under the
provisions of division 3 of ar ticle VIII of this chapter, or for which designation
proceedings are pending.
(16) Determines location and adequacy of required open space for residential
condominiums in any zone and for multiple -family developments in the R -M zone.
(17) Determines applications for section 29.10.0980 tree permits.
(18) Determines requirements for access to remote areas in the RC and HR zones.
(19) Determines applications for neighborhood identification signs, and signs on
freestanding walls.
(20) Performs any functions required by statute or ordinance but not specifically
assigned by this chapter.
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Ordinance February 14, 2024
(21) Determines whether a nonconforming use is no longer lawful.
(22) Forwards a recommendation to the Town Council concerning mobile home park
conversion permit applications.
(23) Determines requests for reasonable accommodation when action is not required
of the Council, Development Review Committee, or the Planning Director.
(24) Determines requests for reasonable accommodation when action is not required
of the Council, Development Review Committee, or the Planning Director.
(25) Determines matters pertaining to historic preservation as provided in section
29.80.220.
SECTION V. Section 29.80.220, “Powers and duties of Planning Commission,” of Chapter 29,
“Zoning Regulations,” is amended to read as follows:
The Planning Commission:
(1) Shall recommend to the Town Council, after public hearing, concerning designation
of landmarks and historic districts, as provided in section 29.80.245.
(2) May establish and maintain a list of structures and other landmarks deserving
official recognition although not designated as landmarks or historic districts, and
take appropriate measures for recognition.
(3) Shall hear and determine architecture and site approval applications for
demolition a designated landmark sites and principal buildings in historic districts,
as provided in sections 29.80.270 through 29.80.290.
(4) May take steps to encourage or bring about preservation of structures or other
features where the Planning Commission has decided to suspend action on a
permit application, as provided in section 29.80.285.
(5) Shall seek and consider a report recommendation from the Historic Preservation
Committee when undertaking the powers and duties set forth in subsections (1)
and (3) above, and shall consult with or request assistance from the Historic
Preservation Committee when undertaking the powers and duties set for th in
subsections (2) and (4) above.
SECTION VI. Section 29.80.222, “Powers and duties of the Planning Director,” of Chapter 29,
“Zoning Regulations,” is added to read as follows:
The Planning Director:
(1) Upon recommendation by the Historic Preservation Committee, determines matters
pertaining to historic preservation as provided in section 29.80.227 that are not
assigned to the Planning Commission.
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Ordinance February 14, 2024
SECTION VII. Section 29.80.225, “Historic Preservation Committee,” of Chapter 29, “Zoning
Regulations,” is amended to read as follows:
(a) The Historic Preservation Committee acts as an advisory body to the Planning Commission
and Planning Director on all matters pertaining to historic preservation. The Historic
Preservation Committee shall consist of five (5) members, three (3) public members and
two (2) Planning Commissioners. The public members shall be appointed by the Town
Council, and the Planning Commission members shall be appointed by the Planning
Commission Chair and affirmed by the Town Council.
(b) The Committee is composed of professional and lay members with demonstrated interest,
competence or knowledge in historic preservation. Committee members shall be
appointed from among the disciplines of architecture, history, architectural history,
planning, archeology or other historic preservation-related disciplines such as urban
planning, American studies, American civilization, cultural geography or cultural
anthropology to the extent that such professionals are available in the community.
SECTION VIII. Section 29.80.227, “Powers and duties of the Historic Preservation Committee,”
of Chapter 29, “Zoning Regulations,” is amended to read as follows:
The Historic Preservation Committee shall:
(1) Regularly review and make recommendations to the Planning Commission concerning
the determination of all matters pertaining to historic preservation which comes
before the Planning Commission.
(2) Review and make recommendations to the Planning Director concerning the
determination of a minor residential development permit for properties with a LHP
overlay zone or structures which were built prior to 1941.
(3) Determine and issue approval for Review and make recommendations to the Planning
Director concerning minor residential and commercial exterior alterations not
covered under the architecture and site approval process or the minor residential
development permit, for designated properties with a LHP overlay zone pursuant to
subsection 29.20.485.
(4) Upon request of the Planning Director, review pending or proposed building permits
dealing with historic structures when it is questionable that the work proposed meets
the guidelines for pre-1941 structures.
(5) May, on request of the property owner, advise with respect to any proposed work
requiring or not requiring a Town permit on any historic structure, a designated
landmark site or in a designated historic district. Examples of the work referred to are
additions, demolitions, painting and repainting of exterior surfaces, roofing, fencing,
landscaping, glazing, and installation of lighting fixtures. In advising, the Historic
Preservation Committee shall be guided by the purposes and standards specified in
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Ordinance February 14, 2024
this division and other applicable ordinances and/or development standards. This
subsection does not impose regulations or controls on any property.
(6) Review and make recommendations to the Planning Director on requests for removal
of a pre-1941 property from the Historic Resources Inventory.
SECTION IX. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION X. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with
certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION XI. Publication.
In accordance with Section 63937 of the Government Code of the State of California,
this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby
directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in
accordance with Section 36933 pf the Government Code of the State of California.
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Ordinance February 14, 2024
SECTION XII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the __ day of _____ 2024, and adopted by the Town Council of the Town of Los
Gatos at its regular meeting on the __ day of _____ 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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Resolution 2024-____ February 14, 2024
RESOLUTION 2024-____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE ENABLING RESOLUTION OF THE
HISTORIC PRESERVATION COMMITTEE AND
RESCINDING RESOLUTION 2021-043
WHEREAS, the Town Council of the Town of Los Gatos established the Historic
Preservation Committee;
WHEREAS, the Committee is advisory to the Planning Commission and operates in the
manner hereinafter prescribed; and
WHEREAS, the Town Council of the Town of Los Gatos hereby amends the qualifications
of members and the duties of the Historic Preservation Committee.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
RESOLVE that the terms and conditions for appointment and conduct of the Historic
Preservation Committee are hereby established as follows:
1. Membership - Organization
a. The Committee shall consist of five (5) voting members. Two (2) members shall be
Planning Commissioners and three (3) members shall be residents of the Town.
b. The terms of appointment shall be at the discretion of the Chair of Planning Commission
for Planning Commission members.
c. The resident members shall be appointed by a majority vote of the Town Council and
shall serve a term of four (4) years.
d. The Town Council and Planning Commission Chair shall appoint professional and lay
members with demonstrated interest, competence, or knowledge in historic
preservation.
e. The Town Council and Planning Commission Chair shall seek professional Committee
members from among the disciplines of architecture, history, architectural history,
planning, archeology, or other historic preservation related disciplines such as urban
planning, American studies, American civilization, cultural geography, or cultural
anthropology to the extent that such professionals are available in the community.
f. Except as necessary to appoint qualified historic preservation professionals in the
community, the Committee members should be residents of the Town.
g. The removal of public members and the absence of members shall be governed in
accordance with all current Town Resolutions and Policies. Vacancies shall be filled by
appointment by a majority vote of the Town Council and shall be for the unexpired term
of the office vacated.
h. The Committee shall hold regular meetings at least once a month and such other
meetings as it deems necessary or expedient. Special meetings shall be held by the
Committee to avoid any delay of an application being considered by the Planning
Commission. The Committee shall call and conduct its meetings in compliance with the
EXHIBIT 2
Resolution 2024-____ February 14, 2024
Ralph M. Brown Act (Government Code Sections 54950 and following).
i. A majority of the total number of seats filled on the Committee shall constitute a
quorum for the purpose of transaction the business of the Committee.
j. The Committee shall elect a chair and vice-chair, both of whom shall serve at the
pleasure of the Committee. Terms of office shall be for one year and shall begin on
February 1 and end of January 31 of the following year.
k. Minutes of the actions taken during its meetings shall be kept permanently and shall be
a public record.
2. Powers and Duties
a. The Committee oversees all development on properties that the Town considers
historic.
b. The Committee is composed of residents with demonstrated interest, competence, or
knowledge in historic preservation.
c. The duties of the Committee shall be to report to, consult with, and provide assistance,
and make recommendations to the Planning Commission and Planning Director as
provided in Chapter 29, Article VIII, Division 3 of the Town Code.
d. The Committee must report to the Planning Commission prior to any Commission
meeting scheduled to discuss an application for a historic structure which requires
Planning Commission approval, or a proposal to designate a landmark or a historic
district.
3. Resolution Not to Affect Powers of Town Council or Planning Commission
Nothing in this resolution shall be construed as restricting or curtailing any of the powers of
the Town Council or Planning Commission, or as a delegation to the Committee of any of
the authority or discretionary powers vested and imposed by law in such bodies.
BE IT FURTHER RESOLVED that this Resolution rescinds Resolution 2021-043
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the ____day of __________ 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
Resolution 2024-____ February 14, 2024
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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