Ord 2355 - Amend Chapter 28, "Zoning Regulations," of the Town Code Regarding AppealsORDINANCE2355
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
TOWN CODE AMENDMENT APPLICATION A-24-001
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
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 neighborhoods and areas of
the Town, the increase of economic and financial benefits to the Town and its
inhabitants, and the promotion of the 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
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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
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, the Planning Commission at its meeting on February 14, 2024, reviewed the
proposed amendments to the Town Code regarding historic preservation, held a public hearing,
and forwarded a recommendation of approval to the Town Council; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on March 19, 2024; and
WHEREAS, on March 19, 2024, the Town Council accepted the report of the Planning
Commission's recommendation of approval for the proposed amendments to the Town Code
regarding historic preservation, held a public hearing, and voted to introduce the Ordinance.
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on April 2, 2024.
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.
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(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.
SECTION II. Section 29.20.258, "Appeals from the decision of the Historic Preservation
Committee," of Chapter 29, "Zoning Regulations," is removed.
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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(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(I).
(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.
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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.
(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 article 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.
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(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.
(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 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 forth in
subsections (2) and (4) above.
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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.
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) 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.
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(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.
(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. Consistency with General Plan.
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
SECTION XII. 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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SECTION XIII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 19th day of March 2024, and adopted by the Town Council of the Town of Los
Gatos at its regular meeting on the 2nd day of April 2024, by the following vote:
COUNCIL MEMBERS
AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Hudes, Mayor Mary Badame
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
M O F THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: d g103%202.j
ATTEST:
� I
TOWN C RK OCHE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 08
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