Item 11 Staff Report Adoption of a Hillside Noticing Policy0
MEETING DATE: 4/7/97
ITEM NO. f
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
Apri12, 1997
MAYOR AND TO _ OUNCIL
TOWN MANAGER
ADOPTION OF A HILLSIDE NOTICING POLICY
RECOMMENDATION:
Adopt the proposed Hillside Noticing Policy.
BACKGROUND:
State law requires that public noticing be given to properties within 300 feet of the subject parcel. To save staff time, the
Town notices well beyond the 300 foot radius required by the State. This is done by measuring 300 feet around the subject
parcel on accessors parcel pages and all the parcels included on the assessor parcel page are noticed. In several instances
there may only be a few parcels affected on the page, but all the parcels are given notice. To illustrate the current process,
staff has picked a typical 8,000 square foot lot in Town (Exhibit A of Attachment 2). A three hundred foot radius has been
drawn around the parcel. As required by the State, only 50 of the properties are to be noticed. However, using the Town's
method, 162 parcels would be noticed. If the parcel was located at the corner edge of the page, a significant number of
additional properties would be noticed since at least two additional assessor pages would be required. In reviewing the
noticing over the past year, the number of notices mailed outside of the hillside area for a residential project ranged from
76 to 494. In the hillside areas, the number of notices ranged from 23 to 101. Both notices included property owners and
tenants (commercial and residential). With the use of GIS for noticing however, an exact 300 foot radius can be drawn and
the number of mailed numbers will be reduced.
A concern was raised by a citizen that the 300 foot radius in the hillside was not adequate due to the large size of the
properties. Staff was requested to research the matter and to develop a policy for noticing in the hillside area.
DISCUSSION:
As stated above, under the current Town's noticing system, the Town exceeds the States noticing requirements. However,
with the use of the Geographical Information System (GIS), the amount of mailed notices will decrease and an increase in
the noticing radius for hillside zoned projects may be justified due to the large parcel sizes and the irregular parcel shapes.
GIS allows tabular data (ie, property owner information) to be displayed, in relationship to geographical information (ie,
properties within a specific distance of a subject parcel). The assessor parcel data base will relate to the Town's base map
which will simplify the creation of mailing lists.
The former Town Attorney, Larry Anderson, suggested that the Town look at an R-1 lot and determine how many properties
would be noticed. This number would be a prerequisite for noticing in the hillside area. Therefore, rather than the distance
being a factor (although a minimum of 300 feet is required), the actual number of properties noticed would be the Town
requirement.
PREPARED BY: LE E. BOWMAN C
ds,
PL D CTOR
Reviewed by: V torney,ance
Revised: 4/2/97 9:46 am
Reformatted: 10/23/95
0
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF A NOTICING HILLSIDE POLICY
Apri12, 1997
The proposal for noticing in the hillside zoned area is to first draw a 300 foot radius around the subject property. If less than
50 properties are within this radius, the radius will be increased until that number is met. Exhibit B illustrates how the
noticing radius will work. If an I-IR or RC zoned development abuts or is within 300 feet of properties not zoned HR and
RC, only the 300 foot radius will be used from the sides of the property which are adjacent to non -hillside zones. The other
property lines which abut hillside zoned properties will have a larger radius to meet the 50 count (see Exhibit C of
Attachment 2).
There are some properties which are currently zoned HR and RC located outside of the hillside area. It is recommended that
the proposed noticing policy only be applied to HR and RC properties which are located within the Hillside Specific Plan
area.
The Council should be aware that the proposed change to HR and RC noticing may result in more notices being sent for
hillside developments than for some non -hillside developments. The reason for this is that there are still some large parcels
in the non -hillside areas which consist of underdeveloped lots, parks, and schools which will affect the number of properties
being noticed.
CONCLUSION:
The Planning Commission considered this matter on March 12, 1997 and forwarded the matter to Town Council with a
recommendation that the policy be adopted. If Council determines that the noticing in the hillside area should be modified
when the GIS noticing is on line, Council should adopt the proposed Hillside Noticing Policy (Exhibit D of Attachment 2).
ENVIRONMENTAL ASSESSMENT:
It has been determined that this project could not possibly have a significant impact on the environment, therefore, the project
is not subject to the California Environmental Quality Act (Section 15061(b)(3)).
FISCAL IMPACT:
Noticing is fully funded in the operating budget.
Attachments:
1. Planning Commission minutes of March 12, 1997.
2. Report to Planning Commission dated March 4, 1997 for meeting of March 12, 1997.
Distribution:
cc: Michael Burke, 16769 Hicks Road, Los Gatos, CA 95032
LEB:SLB:cher
N:1DEVICNCLRPTS\NOTICE
Los Gatos Planning Commission
served for their particular needs.
There was no one else in the audience to speak to this matter.
Chair Decker closed the Public Hearing.
Motion by Commissioner Nachison, seconded by Chair Decker to gr. • :US-97-1, appeal of a
decision of the Planning Director denying a request for a Busines icense sign -off for a retail
business on property in the Office zone with the following find' :s
FINDINGS
As required by Town Code Section 29.60.085 the Co • ' ion finds that activities allowed in the 0 or office
zone are those which would not unreasonably int - e with residential uses or other activities within the 0
zone and this application complies with these r- - • irements and falls within retail sales by a pharmacy; further,
the use is located within a medical build' i d Oncology Center which serves specific needs of the cliental
and will be used for extensive public nefit.
COMMISSION CO
NTS
Commissioner ' +rgan stated that if the Commission can bend the rules for junk food at service stations then
the rules .e amended for sick, scared, and sick at heart women who need help.
ried unanimously. Commissioners Jensen and Peyton absent. Appeal rights recited by Planning
CONTINUED OTHER BUSINESS.
Noticing in the Hillsides: (00.08)
Mike Burke, 16769 Hicks Road stated that the Hillside Policy was a great directive. He thanked
Town Staff for their detailed, hard work.
Commissioner Nachison commended Mr. Burke for his involvement and input and, for alerting the Town
to the need for such a policy.
Commissioner Abkin asked if the policy was contingent on getting a GIS. Mr. Abkin asked for clarification
regarding the "up to" 300 feet.
Mr. Bowman stated that it would not be precise until the GIS was completed but, the Town will
probably continue to over subscribe as they do now. Mr. Bowman indicated that they would rewrite
to state "any property within a radius of 300 feet from the subject property".
Motion by Commissioner Abkin, seconded by Chair Decker to forward the Noticing in the
22
ATTACHMENT 1
Hillside to the Town Council.
Carried unanimously. Commissioners Jensen and Peyton absent.
:. •
Sub -Committee Reports
Conceptual Development Committee
Commissioner Ab
to construct low inco
stated that the sunken
density project. The Comm
on the North end of Town. He
next month because the CDC fee
Los Gatos Planning Commission
gave an update on the Conceptual Development Committee which included a proposal
e housing on Miles Avenue between the PG&E site and the Corporation Yard. He
on University Avenue was also discussed regarding traffic matters and a high
ee also discussed a proactive approach regarding comprehensive development
ted that this matter will be placed on the General Plan Committee agenda
t will be a loss of resource to allow piece -meal development in the area.
B. General Plan Committee
Commissioner Abkin gave an update on the Genera ' Ian Committee and read a letter from the Community
Housing Development Department regarding the Tow draft up -date of the Housing Element. The letter
commended the Town for its effort to develop and pr. 'de affordable housing. The Committee also
discussed the proposed task force for the General Plan revie ' and had a presentation from two Non Profit
Organizations involved in developing low cost housing.
C. Planning Conference
Chair Decker reported on the Planning Conference and stated that she wod like to see Peter Calthorde
invited to Los Gatos to make a presentation regarding the North section of To
Mr. Bowman indicated he would investigate the possibilities.
D. Historic Preservation Committee
Mr. Bowman stated that a questionnaire, from the Historic Preservation Co ittee, would be
circulated soliciting information and opinions on how the Committee performs an. • nctions. The
Historic Preservation Committee had suggested that the same type of questionnaire coul• .e attached
to the Planning Commission action letters.
The Commission determined, by consensus that such a questionaire for Commission ac
is unnecessary.
23
Date: March 4, 1997
For Agenda Of: March 12, 1997
Agenda Item: 8
REPORT TO: The Planning Commission
FROM: The Planning Director
SUBJECT: Noticing in the Hillside Areas
EXHIBITS: A. Sample of noticing R-1:8 property (two pages).
B. Sample of noticing HR property.
C. Sample of noticing HR/RC property adjacent to R-1 zoned properties.
D. Proposed Hillside Noticing Policy
RECOMMENDATION:
SUMMARY: Forward to Council
A. BACKGROUND:
State law requires that public noticing be given to properties within 300 feet of the subject parcel. Since the
Town does not currently have a GIS system to pick up these properties, nor does Town staff have the time
to identify these properties, the Town notices well beyond the 300 foot radius required by the State. This is
done by measuring 300 feet around the subject parcel on accessors parcel pages and all the parcels included
on the assessor parcel page are noticed. In several instances there may only be a few parcels affected on
the page, but all the parcels are given notice. To illustrate the current process, staff has picked a typical 8,000
square foot lot in Town (Exhibit A). A three hundred foot radius has been drawn around the parcel. As
required by the State, only 50 of the properties are to be noticed. However, using the Town's method, 162
parcels would be noticed. If the parcel was located at the corner edge of the page, a significant number of
additional properties would be noticed since at least two additional assessor pages would be required. In
reviewing the noticing over the past year, the number of notices mailed outside of the hillside area for a
residential project ranged from 76 to 494. In the hillside areas, the number of notices ranged from 23 to 101.
Both notices included property owners and tenants (commercial and residential). Wth the use of GIS to draw
an exact 300 foot radius, the number of mailed numbers will be reduced.
A concern was raised by a citizen that the 300 foot radius in the hillside was not adequate due to the large size
of the properties. Staff was requested to research the matter and to develop a policy for noticing in the hillside
area.
B. REMARKS:
As stated above, under the current Town's noticing system, the Town exceeds the States noticing
requirements. However, with the use of the Geographical Information System (GIS), the amount of mailed
notices will decrease and an increase in the noticing radius for hillside zoned projects may be justified. GIS
allows tabular data (ie, property owner information) to be displayed, in relationship to geographical information
(ie, properties within a specific distance of a subject parcel). The assessor parcel data base will relate to the
Town's base map which will simplify the creation of mailing lists.
The former Town Attorney, Larry Anderson, suggested that the Town look at an R-1 lot and determine how
many properties would be noticed. This number would be a prerequisite for noticing in the hillside area.
Therefore, rather than the distance being a factor (although a minimum of 300 feet is required), the actual
number of properties noticed would be the Town requirement.
The proposal for noticing in the hillside zoned area is to first draw a 300 foot radius around the subject
property. If fess than 50 properties are within this radius, the radius will be increased until that number is met.
Exhibit B illustrates how the noticing radius will work. If an HR or RC zoned development abuts or is within
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HILLSIDE NOTICING POLICY
1. This policy shall apply to all properties which are zoned HR and/or RC which are located
within the Town's Hillside Specific Plan area. This policy shall become effective when
the GIS noticing is on line.
2. As required by State law, properties which are a minimum of 300 from the subject
property shall be noticed.
3. If less than 50 properties are within the 300 foot radius, the radius shall be increased until
a minimum of 50 properties are within the radius. Exception: If properties with
nonhillside zones are within 300 feet of the subject property, the radius shall not be
increased in the nonhillside zoned areas. The radius shall however, increase for the
properties zoned HR and/or RC until a minimum of 50 properties have been identified to
be noticed.
SLB 101misc\notice
REIT 0
April 7, 1997
Los Gatos, California
DOWNTOWN PARKING STRATEGIC PLANNING ADVISORY COMMITI LE (10.40)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve Parking Commission
recommendation to establish a Downtown Parking Strategic Planning Advisory Committee.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
HILLSIDE NOTICING POLICY (11.47)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt the proposed Hillside
Noticing Policy. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
97X01 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1997-26 (13.35)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-26
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE EXPERT COMPANY TO
COMPLETE PROJECT 97X01. TREE PRUNING AND REMOVAL IN AN AMOUNT NOT TO
EXCEED $28,670. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
9605-A/BIANNUAL SIDEWALK RECONSTRUCTION PROGRAM/RESOLUTION 1997-27 (14.35)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-27
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH A.V.& C. CONSTRUCTION FOR THE CONSTRUCTION OF
PROJECT 9605-A BIANNUAL SIDEWALK RECONSTRUCTION. Carried by a vote of 4 ayes.
Mrs. Benjamin absent.
SKY LANE 2/ANNEXATION/RESOLUTION 1997-28 (15.14)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-28
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SKY LANE 2 TO THE TOWN
OF LOS GATOS. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
CELEBRATION OF COMMUNITY DIVERSITY/STANFORD/RESOLUTION 1997-29 (16.10)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-29
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CELEBRATION OF
COMMUNITY DIVERSITY TO BE CELEBRATED AT STANFORD UNIVERSITY ON
OCTOBER 18. 1997, Carried by a vote of 4 ayes. Mrs. Benjamin absent.
"EOLIAN" SCULPTURE/ERIC ZIEMELIS/RESOLUTION 1997-30 (17.44)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-30
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH ARTIST ERIC ZIEMELIS
EXTENDING THE LOAN OF THE "EOLIAN" SCULPTURE THROUGH JUNE 1999. Carried
by a vote of 4 ayes. Mrs. Benjamin absent.
"SPACE DANCE FOR PEACE"/PAUL GORENIUC/REMOVAL (18.44)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council confirm artist Paul Goreniuc's
intention to remove "Space Dance for Peace IV" sculpture by June 1, 1997; increase Community
Grant Program by $1,800; and authorize removal of previously encumbered funds to pay costs
of removal. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TC: D9: MM040797
3