Item 7 Staff Report Consider Report on Town Council PoliciesIl�
COUNCIL AGENDA
DATE: 6/05/95
ITEM NO. 7
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: June 2, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDER REPORT ON TOWN COUNCIL POLICIES
RECOMMENDATION:
The Council should review the attached and determine whether the policies are still valid and refer to staff
and/or the Planning Commission for formal adoption.
DISCUSSION:
Approximately two years ago Council asked that the so called "unwritten" Town development policies be
written down for the Council to review. The planners and engineers all listed those policies that they invoke
regularly at the counter and at Development Review Committee. These policies are based on the cumulative
actions and directives of the Planning Commission and Town Council. The draft document was prepared
approximately a year ago and has been undergoing sporadic review since then. In the meantime, the Council
has adopted by resolution such items as the alcohol beverage policy which replaced the previous "unwritten"
policy. Attached is our best effort at identifying all "unwritten" policies and are presented to the Council to
determine whether they are still valid and/or if they should be formally adopted. It should be noted that many
of the policies listed are also covered in or derived from the General Plan, the Hillside and Downtown Specific
Plans and the Zoning Ordinance, however, not always in the exact or as concise way.
PREPARED BY:
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LEE E. BOWMAN
PLANNING DIRECTOR
ATTACHMENT: Draft Policies
6/2/95 3:52 pm
File #
Reviewed by: Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PURPOSE
To bring together in one document all Town policies and directives concerning land use issues.
POLICY
A RESIDENTIAL NEIGHBORHOODS (see also Pre-1941 Residential Development
Standards - Approved 10/5/92, Historic Development Standards - a) Almond Grove; b)
University/Edelen; c) Broadway; d) Fairview Plaza; - Approved Modifications 10/5/92 and
Residential Development Standards/Second Story Additions)
1. Preserve and protect the residential character. This means careful review of any
development applications in existing neighborhoods, especially corridor lots, which
would increase densities and new road proposals (avoid new through roads).
Modify Town standards for street widths, curbs, gutters, sidewalks, electroliers,
etc so that new development fits within existing neighborhoods.
2. Historic Preservation. Preserve and protect historic structures including those that
have been designated or are contributors in existing historic districts and use
special care in reviewing new buildings or remodels in the vicinity to address
compatibility issues and potential impacts.
3. Prevent intrusion of unwarranted traffic into neighborhoods. Use diverters,
undulations, and avoid establishing through streets in neighborhoods.
4. Control non-residential uses. This is done by applying conditions of approval on
schools, churches, commercial and office uses, esp. those located in public school
(-ps) zones. Conditions deal with traffic, parking, noise, buffering and
landscaping.
5. Permit Parking. Consider on a case by case basis. Allow neighborhoods to
control the use of their streets by instituting permit parking if requested for
neighborhoods affected by commercial development.
6. Lot Mergers and Notices of Violation. Strictly enforce Town regulations and State
law regarding lot mergers and subdivision violations as a means to preserve the
status quo in residential areas.
7. Existing Dwellings. If possible, preserve existing dwellings by incorporating them
into new projects.
B. HILLSIDES (See also the Hillside Specific Plan and the Hillside Development
Standards - adopted 5/2/90)
1. Open Space. Maximize preservation of open space and scenic vistas by requiring
dedications in fee (preferred) or easements and by restricting buildable areas on
lots. Dedications should be made jointly to Town and Mid -Peninsula Open Space
District.
2. Trails. Complete the Town's trail system as shown in the General and Hillside
Specific Plans by requiring dedication of easements and improvement as a
condition of approval for all hillside subdivisions and for A&S for individual
houses.
3. Ridgelines. Review all subdivisions and house plans to avoid having structures
project above the ridgelines when seen from the valley floor. Avoid grading which
would alter the natural ridge line.
4. Through roads. Attempt to find a road pattern that insures adequate access for
residents in both normal and emergency situations without introducing new through
access roads which would invite unwanted sightseers etc. into the area.
5. Facilities. All hillside subdivisions shall provide all necessary public
improvements including utilities and roads in accordance with Town standards or
they will not be approved.
6. Grading. Grading should be minimized to reduce adverse impacts. Roads and
driveways shall be as short and as narrow as possible. Houses shall be designed
to step down the contours rather than be designed for flat pads. All grading
permits shall require permanent and interim erosion control measures.
7. Geologic Reports. Required where ever necessary as determined by the Town to
assure protection for the proposed project as well as existing residences in the
vicinity.
8. Parcels without public water or sewers. For individual home site development
where public water and sanitary sewer systems are not available, development shall
be discouraged. Development may be allowed with private water systems and
septic tank systems when such systems are shown to be adequate, with the
condition that the property owner enters into an agreement to connect to the public
water system and sanitary sewer system when they become available.
9. Shared driveways. Shared or joint driveways are discouraged.
10. Corridor lots. Corridor lots are discouraged.
C. TRAFFIC
1. New development. Limit the intensity of new development based on its traffic
impact.
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2. Level of Service. The L.O.S. for critical intersections should not be allowed to
drop more than one level if it is at Level A, B or C, and not allowed to drop at
all if it is at D or below.
3. Future Signals. If a development project affects an unsignalized intersection which
is planned to be signalized or affects a signalized intersection with the potential for
traffic improvements and upgrading, the developer shall be required to participate
in the cost of the future installation of traffic signals or traffic signal modifications
as a condition of approval.
4. Public Transportation. The Town encourages the use of the County Transit system
by requiring developers to provide bus shelters and ongoing maintenance as part
of their development.
5. Highway 17. The freeway should not be widened through Los Gatos. Highway
17 between Los Gatos and Santa Cruz should not be widened to provide additional
travel lanes or be converted to a freeway. There should not be an interchange at
Blossom Hill Road.
6. Road widening. Road widening on non -arterial streets should be limited to safety
improvements and not to increase capacity for through traffic. Consideration
should also be given to pedestrian and bicycle safety.
7. Drive -through and Drive -up windows. Should be discouraged.
8. Street names. Names for new streets should be obtained from the approved list of
historic names.
D. DOWNTOWN (see also the Downtown Specific Plan, Development Policy for In -fill
Projects - Adopted 5/3/93, Commercial Design Guidelines - Approved 10/5/92, Buildings
Facing Parking Lot No. 4 - Approved 6/1/87, Development Standards for C-2 Zone -
Approved 11/7/88, Historic Development Standards - Historic Commercial District -
Approved Modifications 10/5/92 and Standards for Mixed Use Projects - 12/8/93
1. Parking. Parking should be provided by the property owners and merchants in
accordance with the Downtown Specific Plan. Parking facilities should meet Town
standards for design, stall dimensions, and landscaping. Commercial parking
should not encroach into the residential areas.
2. Traffic. Development intensity will be limited by the traffic impact on the four
critical intersections (Saratoga/Santa Cruz, Saratoga/University, Main/Santa Cruz,
and Main/University).
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3. High Traffic Generators. High traffic generators require conditional use permits
and will be conditioned as to hours of operation etc. to control the traffic impact
on the critical intersections.
4. Signs. The Town's strict sign regulations will be enforced. The purpose of the
sign regulations is for aesthetics while allowing adequate identification for
businesses.
5. Outdoor Seating. Regulated but not prohibited. (See Standards for Outdoor
Restaurant Seating, adopted 6/6/94)
6. Outdoor Entertainment. Discourage the use of amplified music or other sounds
that would carry into adjacent residential neighborhoods or that would conflict with
the activities of other Downtown merchants.
7. Businesses. Diversity is important and businesses aimed at serving primarily
residents of Los Gatos are preferred.
E. ALCOHOLIC BEVERAGES (previously unwritten policies have been replaced by the
Policy Regulating the Consumption and Service of Alcoholic Beverages, adopted 2/22/94)
F. TREE PRESERVATION
1. Existing specimen sized trees shall be preserved and protected as a part of any
development proposal. Planning Commission review to override staff on an
appeal.
2. Tree replacement. Require replacement of removed trees on a three to one basis
with minimum 15-gallon sized plants, or with 24-inch box plants where required
for screening purposes.
G. LANDSCAPE PLANS (see also Landscape Policies - adopted 5/7/84)
1. Native plant species. Landscaping plans should maximize the use of native and/or
drought resistant plant materials.
2. Trees. Landscaping plans should maximize the use of trees for climate control,
screening, shading (esp. parking lots) and aesthetics.
3. Tree species. Mixture of tree species both deciduous and evergreen are
encouraged to add variety, to create a more natural environment and to avoid
future problems of insect infestation or other blights which might destroy the
desired tree cover. Additionally, large growing trees are to be encouraged in order
to screen developments.
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4. Maintenance contracts. A five-year maintenance contract for the protection of
newly planted and protected existing trees shall be required as a condition of
approval for all development applications except single family dwellings.
H. CODE ENFORCEMENT (Subject to change if budget reductions are adopted)
1. Identification of violations. Enforce Town codes and zoning regulations. Town
staff will identify major violations (illegal units, sign violations, illegal uses, tree
removals, grading violations, etc.) will be identified without waiting for public
complaint. Minor violations (illegally parked cars, boats, trailers, and campers,
etc.) to be acted upon based on public complaints adding any that may be observed
in the neighborhood during investigation of the complaint which will also be acted
upon.
2. Purpose. The primary purpose of the Town's code enforcement program is to
achieve compliance with Town ordinances and regulations rather than collecting
fines or other punitive measures.
I. NONCONFORMING USES AND BUILDINGS(The following policies are embodied in
the Zoning Regulations, Town Code Chapter 29, Article 1, Division 5; Sections 29.10,175
- 29.10.265)
1. Nonconforming Dwellings. Liberal rules regarding the addition to, expansion of,
and the rebuilding of nonconforming dwellings based on the policies of preserving
the status quo of existing neighborhoods and preservation of the Town's housing
resources.
2. Nonconforming Buildings. Very strict rules regarding the remodeling of, addition
to, and rebuilding of nonconforming non-residential buildings. The rules are
designed to bring uses and buildings into conformance with current Town
regulations.
3. Amortization. Require nonconforming uses to become conforming after an
appropriate period of amortization.
J. MISCELLANEOUS
1. Environmental Impact Reports. Staff should err on the side of requiring an
Environmental Impact Report to ensure adequate consideration of environmental
concerns associated with projects.
2. Development Review Committee Recommendations. Where there is any doubt or
where an applicant wishes to modify Town standards as part of an application, the
staff recommendation shall be based on Town ordinances and standards. The
Planning Commission will determine whether variations are warranted.
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3. Public Notice and Public Meetings. Maximize public notice of all applications
submitted to the Planning Commission. Recommend that developers to hold public
meetings in the neighborhood prior to Planning Commission review of major
projects.
4. Dedications. Obtain fee title to all land required to be dedicated for public streets
and flood protection.
5. Occupancy permits. Final use and occupancy permits may only be issued after
everything is complete (landscaping, parking lot paving and striping, etc.).
K. ENGINEERING DEVELOPMENT PROCESSING
1. Parcel maps and tract maps shall not be sent to the Office of the County Recorder
unless all Planning Commission conditions of approval are completed or obligated
for and all fees are paid.
2. All required public improvements and landscaping by private individuals must be
guaranteed by contract and bond before release of Building Permit or final map.
L. GRADING. EROSION AND SEDIMENT CONTROL
1. In areas with hillside zoning, no grading shall be initiated between October 1 and
April 15. If final landscaping is not complete by September 1, interim erosion
control measures shown on the approved interim erosion control plan will be
required to be instituted by October 1.
2. Grading Permits are not issued unless all applicable conditions of approval are met.
3. For those projects with October 1 to April 15 grading restrictions, no Grading
Permits shall be issued within the period of three working days prior to October
1.
4. For projects with potential grading, erosion and sediment control problems, soils
and geologic reports will be provided during the development review process.
5. No Building Permits will be signed off for those projects that require interim
erosion control plans until those interim erosion control plans are reviewed and
approved.
M. BUILDING PERMITS
Building Permits shall not be issued unless all conditions of approval are completed or
obligated for as appropriate.
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N. ANNEXATIONS
1. Development should occur within the Town and not within unincorporated islands.
Annexation is to be encouraged at all times.
M. CREEKS
1. Preserve existing creeks and riparian habitat in as natural state as possible.
2. When a development project is adjacent to a creek, the approval should include a
condition that the creek be dedicated to the Town in fee with and a maintenance
easement granted to the Santa Clara Valley Water District
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June 5, 1995
Los Gatos, California
UNIVERSITY AVE 104/FEE ASSESSi1IENT (08.09)
Bert Millen, 104 University Ave., asked that his fees be reduced for the building repair of his
business. He asked about the cost of adopting a new zoning ordinance.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Mr. Millen take this issue back to the
Planning Commission with the notation that his time limit for appeal be waived since his
question had been before Council for some time without resolution. Carried unanimously.
POLICIES/TOWN COUNCIL (07.10)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council refer the report to staff and
the Planning Commission for formal adoption with the exception of Item F2. From one to three
trees may replace one removed tree on a small lot at the discretion of the Parks, Forestry and
Maintenance Department.
COUNCIL MEETING SCHEDULE 1995-96 (24.10)
Motion by Mr. Blanton, seconded by Mr. Attiiway, that Council approve the Town Council
Meeting Schedule for 1995-96 Fiscal Year, with the possibility of cancelling the August 21, 1995
meeting and noting that the February 12, 1996 Study Session was a mistaken notation and is to
be deleted. Carried unanimously.
COUNCIL COMMITTEES/WEST VALLEY SANITATION (25.20)
Randy Attaway noted that the appointment to the West Valley Sanitation District Committee
should always be a two year appointment so that the representative has time to learn the issues
and to be able to make informed decisions beneficial to Los Gatos by the second year.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this evening's meeting be adjourned
at 10:39 a.m. Carried unanimously.
TC: D7: MM060595
ATTEST:
Marian V. Cosgrove
Town Clerk
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