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Item 28 Staff Report Consider Amending Town Code Sections 29.40.025 and 29.20.480 (2) of the Town Code to Regulate Sport Court Fencing. It Has Been Determined that this Project Could not Have a Significant Impact on the Environment; Therefore the Projectps n DATE: TO: FROM: SUBJECT: MEETING DATE: 6/17/02 ITEM NO. COUNCIL AGENDA REPORT June 5. 2002 MAYOR AND TOWN COUNCIL TOWN MANAGER CONSIDER AMENDING TOWN CODE SECTIONS 29.40.025 AND 29.20.480 (2) OF THE TOWN CODE TO REGULATE SPORT COURT FENCING. IT HAS BEEN DETERMINED THAT THIS PROJECT COULD NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT; THEREFORE, THE PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (SECTION 15061 (b)(3)). APPLICATION: A-02-2. APPLICANT: TOWN OF LOS GATOS. RECOMMENDATION: 1. Open and hold the public hearing and receive public testimony; 2. Close the public hearing; 3. Accept the Planning Commission's recommendation and make a motion to approve the Zoning Code Amendment; 4. Make the required findings (Attachment 1); 5. Direct the Clerk to read the title of the ordinance; 6. Move to waive the reading of the ordinance; 7. Introduce the ordinance to effectuate the Zoning Code Amendment. BACKGROUND: The General Plan Committee (GPC) has been working on ways to carry out a variety of General Plan Implementation Strategies as part of the General Plan Implementation Plan that was adopted by the Town Council. The GPC discussed whether or not sports courts should be added to the Conditional Use Permit Table. As a result, the GPC determined that sports courts should not be required to obtain a CUP, but the issue of sport court fencing could be addressed through a Zoning Code Amendment. Bud N. Lortz Director of Community Development PREPARED BY: Reviewed by: % Assistant Town Manager (9k- Attorney Clerk Finance Community Development Revised: 6/5/02 7:24 pm Reformatted: 5/30/02 n PAGE 2 MAYOR AND TOWN COUNCIL RE: ZONING CODE AMENDMENT A-02-2 June 5, 2002 DISCUSSION: Currently, sport courts do not require any type of public notice unless lighting is proposed. In addition, the General Plan prohibits lighted sport courts in hillside areas. The Zoning Ordinance includes a section that states that fences over six feet are allowed, but the fence material for the portion of the fence over 6' must be approved by the Planning Director. The GPC is recommending that the Zoning Ordinance be amended to require neighborhood notice for lighted sport courts and that sport court fencing in excess of 6' in height allow for public input. The GPC also recommends that the Zoning Ordinance be amended to reflect that lighted sports courts in the hillside areas are still be prohibited. If the Council feels that these proposed amendments should be approved, Staff recommends the Town Code be amended as follows: 1. Sec. 29.40.025. Court game areas. Tennis, volleyball, basketball, badminton and similar court game areas may be located anywhere on the lot except in the required front yard or side yard abutting the street. Fences over six (6) feet high may be allowed to enclose court game areas when approved through the Administrative Procedure for Minor Residential Projects. , Lighting for court game areas may be allowed when approved through the Administrative Procedure for Minor Residential Projects providing the lighting complies with the following standards to the satisfaction of the Planning Director: (1) Game court lighting shall incorporate cut-off fixtures and lighting shall be shielded and directed onto the court. (2) Lighting for game court areas shall not be used after 10:00 p.m. 3. Lighting in the Hillside Areas is prohibited. Hillside areas are defined by the Hillside Area Map in the Hillside Development Standards and Guidelines. 2. Sec. 29.20.480. Administrative procedure for minor residential projects. (2) In addition to the projects identified in subsections 29.20.745(12) and (15), the following projects will be considered under this administrative procedure. PAGE 3 MAYOR AND TOWN COUNCIL RE: ZONING CODE AMENDMENT A-02-2 June 5, 2002 (a) New second -story additions to single and two-family dwellings. (b) Additions to an existing second story where the additional area will exceed 100 square feet. (c) Reconstruction to a portion of a single or two-family dwelling with a nonconforming setback. (d) Accessory structures exceeding 450 square feet. (e) Additions to accessory structures resulting in the structure containing more than 450 square feet. Request to reduce side and rear yard setback requirements for accessory buildings. Sport court lighting and/or fencing over six feet high enclosing court game areas in residential zones. PLANNING COMMISSION RECOMMENDATION: (f) (g) The Planning Commission considered this item on April 10, 2002. The Commission recommended approval of the Zoning Code Amendment. A copy of the Planning Commission minutes for the above referenced meeting date is included as Attachment 3. The Planning Commission decision to recommend approval of the Zoning Code Amendment was based on the conclusion by the Commission that the proposed amendments are internally consistent with the General Plan. ENVIRONMENTAL ASSESSMENT: It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)), no further action is required. FISCAL IMPACT: None. Attachments: 1. Required Findings 2. Draft Ordinance (3 Pages), Sections 29.40.025 and 29.20.480 (2) 3. Excerpt from the approved Planning Commission Minutes from meeting on April 10, 2002 4. Report to the Planning Commission, dated April 4, 2002 for the meeting of April 10, 2002 BNL:JP:mdc N:1DEV\CNCLRPTSW-02-2.wpd REQUIRED FINDINGS FOR: Zoning Code Amendment A-02-2 Consider amending Town Code Sections 29.40.025 and Section 29.20.480 (2) of the Town Code to regulate sport court fencing. It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). APPLICANT: Town of Los Gatos FINDINGS Required consistency with the Town's General Plan: • That the proposed Zoning Code Amendments are internally consistent with the General Plan and its Elements. N:\D E V \FIND INGSIA-02-2. wpd Attachment 1 ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTION 29.40.025 AND 29.20.480 THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Chapter 29 is amended to read as follows: Section 29.40.025. Court game areas. Tennis, volleyball, basketball, badminton and similar court game areas may be located anywhere on the lot except in the required front yard or side yard abutting the street. Fences over six (6) feet high are allowed to enclose court game areas when approved through the Administrative Procedure for Minor Residential Projects. , but the portion of such fcnccs o� strtr tares -which Live' six (6) fcct high snail be madc of nlcsirtyn, materials appiov►,d-by ll�� Planning Director. Lighting for court game areas is prohibited unless approved through the Administrative Procedure for Minor Residential Projects and unless it is in compliance with the following standards to the satisfaction of the Planning Director: (1) Game court lighting shall incorporate cut-off fixtures and lighting shall be shielded and directed onto the court. Attachment 2 (2) Lighting for game court areas shall not be used after 10:00 p.m. rnirrintal-glare-a-s-vieweel-franr the valley floor. 3. Lighting in the Hillside Areas is prohibited. Hillside areas are defined by the Hillside Area Map in the Hillside Development Standards and Guidelines. Section 29.20.480. Administrative procedure for minor residential projects. (2) In addition to the projects identified in subsections 29.20.745(12) and (15), the following projects will be considered under this administrative procedure. (a) New second -story additions to single and two-family dwellings. (b) Additions to an existing second story where the additional area will exceed 100 square feet. (c) Reconstruction to a portion of a single or two-family dwelling with a nonconforming setback. (d) Accessory structures exceeding 450 square feet. 2 (e) Additions to accessory structures resulting in the structure containing more than 450 square feet. (f) Request to reduce side and rear yard setback requirements for accessory buildings. (g) Sport court lighting and/or fencing over six feet high enclosing court game areas in residential zones. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2002, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1DEV\ORDS\A-02-2A.wpd 3 BSA' PUP' IC HEARING - WEDNESDAY, APRIL 10, ^'102 XMAX(30/30) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (1 6) (17) (18) (19) (20) (21) (22) (23) (24) (25) Page 117 (Ayes.) CHAIRWOMAN QUINTANA: Carries unanimously. then I would just add that if the Commission has an items on the conditional use table that they wa to se= further addressed during the zoning code update, o let Bud know. COMM •SIONER BURKE: Chairman. CHAIRW0 AN QUINTANA: Yes. COMMISSI 0 ER BURKE: One of th' gs on that I think would also • e helpful is controve ial type uses, especially in idential zoneswould be really handy if in ad. on to havin• n X or a non-X and s d hey, for these renice to have a d in the box, if we sat do five or six items it would policy. It's much easier to abstract when it's n it's not somebody's wouldn't make that r CHAIRWOMAN that each type that need to COMMIS that have would in th d: ne a policy in the •y's neighborhood and io tower, and they (inaudible). Ar ou suggesting own set findings not so •eb• tr smiss ommendati U I NTANA o se have its b made? ONER BURKE: No, no. Pic een controversial and say, you kn ake this decision easier by defining th couple , what e sues abstract rather than in the specific. I mean, Page 118 sier to discuss them in the abs (2) CHAIRW• • .. • Okay. In the policy (3) books. ( OMMISSIONER BURKE: Definitely. (5) CHAIRWOMAN QUINTANA: Okay. Moving on to 4 (a) Item 3 which is_a public hearing to consider amendirLQ (7) Section 29.40.025 and 29.20.480 of the Town Code to (8) regulate sport court fencing. And the applicant is (9) the Town of Los Gatos. Staff, do you have any (10) additional comments to make on this? (11) MR. LORTZ: No. Just clearly it addresses (12) two - actually, two issues. One is the fence issue (13) and the fact that the hillside - in hillside areas (14) the General Plan speaks to lighting as being (15) prohibited. (1s) This ordinance amendment carries that (17) through, and the - and essentially what we're doing (18) with the tennis court fencing is giving an opportunity (19) for neighboring residents to provide public input. (20) CHAIRWOMAN QUINTANA: Because noticing is (21) required under the administrative procedure? (22) MR. LORTZ: Correct. Just like a second (23) story addition. (24) CHAIRWOMAN QUINTANA: Yeah. Any comments (25) from the Commission? Would anybody like to make a (1) (2) (3) (4) (5) (6) m (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Page 119 motion? Okay. I'm on a roll tonight. This is against my policy of making all motions, guys. A VOICE: (Inaudible.) MR. KORB: You have a public hearing. CHAIRWOMAN QUINTANA: A public hearing, I am sorry. Mr. Davis. I'm opening the public hearing. RAY DAVIS: (Inaudible.) CHAIRWOMAN QUINTANA: Yes. RAY DAVIS: Well, I'd like to offer comments. Number one, the agenda talks about 29.20.480 as a sport court fencing. But the agenda unfortunately is not appropriate, okay. And it's a violation of the Brown Act, okay. 'Cause we're talking about administrative procedure for minor residential projects, not sport court issues, okay. And the - the toughest thing that I see down here that Mr. Lortz wants to set up a new second story addition to single and two family dwellings administratively and take it out of your purview. And of course, that's a huge bone of contention in this town. Half the public hearings on remodels have to do with the second story addition on an existing single family home in an existing neighborhood. And this room fills up with neighbors, okay. And come, Mr. Lortz, shame on you. That's not the way to go. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Page 120 You know, any well run community I've been in, you have the zoning administrator, not the planning director, doing this sort of work, okay. You - you have - and you have a proper procedure. You have a process for public hearings and notification for the neighborhood. To have an administrative procedure where Mr. Lortz does it in secret, I don't think so. I don't think so. Huge potential problems. And so I - just taking that same point of view and putting it to the rest, you know, it's all - this is all about losing control by the Planning Commission and turning it over to the employees. All about what this is, okay. Is that the future of Los Gatos? The rat race, la carrera de los ratones? I mean, you have an appointment yourself within your power to put the brakes on this and do your damage control. And this is the time to do it, because the agenda wasn't even properly noticed. So this room - otherwise this room would be full of people, not just me. Thank you. CHAIRWOMAN QUINTANA: Thank you, Mr. Davis. I'm going to close the public hearing, and I'd like to clarify that this agenda item is addressing only sports courts, changes to the ordinance are restricted Attachment 3 Page 117 to Page 120 (408) 920-0222 ADVANTAGE REPORTING SERVICES, LLC BSA (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (16) (19) (20) (21) (22) (23) (24) (25) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Page 121 to adding a section regarding sports courts. A VOICE: (Inaudible.) CHAIRWOMAN QUINTANA: Lighting in the hillside area. What you were referring to, and I think Staff could probably explain this better than I can, is already in the - in that section of the zoning code. MR. LORTZ: Everything that you see in front of you in the Staff Report exists today. We're deleting Item 3 under Section 29.40.025 regarding lighting, minimal glare. We're adding lighting in hillside areas is prohibited. And we're talking about fencing of sport courts over six feet high. That's the only thing we're changing. RAY DAVIS: (Inaudible) - Item 3. CHAIRWOMAN QUINTANA: That's it. MR. LORTZ: Item 3. CHAIRWOMAN QUINTANA: That's it, MR. LORTZ: That's what we're talking about. RAY DAVIS: (Inaudible.) CHAIRWOMAN QUINTANA: Okay, Mr. Davis, the public here - your time for comments is up, and the public hearing is closed. RAY DAVIS: (Inaudible.) CHAIRWOMAN QUINTANA: Thank you, Mr. Davis, Page 122 you will disrupt the meeting. Do I have a motion on the floor or a discussion from the Planning Commission on this? Okay. I will make the motion. I move that the Council determine 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 1506183. That the Town Council find that the ordinance amendment for sports courts are consistent with the General Plan and that the Council adopt the draft ordinance, Exhibit A, amending the Town Code. Is there a second? A VOICE: I'll second that. CHAIRWOMAN QUINTANA: Any discussion? Commissioner Micciche. COMMISSIONER MICCICHE: No. CHAIRWOMAN QUINTANA: Do you have a - okay. Seeing no discussion, I'll call the question. All those in favor? (Ayes.) CHAIRWOMAN QUINTANA: All those opposed? Carries unanimously. Item 4 is regarding joint study session Pr 'RUC HEARING - WEDNESDAY, APRIL 10. 2002 XMAX(31/31) Page 123 between Town Council, Planning Commission and HistocYc Preservation Committee. I'd just like to clarify, or 's my understanding that the items listed under PI Wing Commission study session topics are - e not a wally for the April meeting with the Town Counc but those are possible subjects for a tudy session tween the Commissioners in Ma And given t t, I will let Mr. Lortz go on } (2) (3) (4) (5) (6) (7)(8) (9) t10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (1 (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) .- from there. MR. LORTZ: know that the Pla going to be having April - or 27th of April, to attend. The question for you, and me know these as - jus II items that you'd like f the to discuss. And on of those example, discuss' g the pee doing, how's a rybody feel thing, as well s anything elsey discuss wi the Council. So just I me know about those within the next w ek or so, and I'll make sure that it's on t age r a. Question? n First, we just wante ing Commissio a tudy sessi CHAT COMMI make a requ to schedule, b we schedule the as possible. I was day. I will cancel th I would like as much as is early as possible. MR. LORTZ: We gav had, but I hear you, an• Council and whatnot that. A VOICE: MR. LORTZ: provided. W CHAIR 1 d yo re • to let you and Council are on the 29th of all encouraged u can just let e and let me know, any Cou cil and Commission item might be, for r revie rocess, how it's about it, t t sort of that you ht want to m Page 124 The anticipated time for the study session going to be in the morning of the 27th, and lunch w be included, so you'll join us for lunch, and it'll obably be from starting about 9:00 o'clock. You'll et an agenda. Yeah, about nine to one. OMAN QUINTANA: Commissio SIONER DUBOIS: Yeah, I just st of Staff. I know I'm wondering e things if we heduled to ass to be n ice to r ut r Dubois. ant to these are fficult if in the ure when can g as much notice to a class on that re at this, but et them on my calendar • u as much notice as we om- of it is logistics with thank ou, I appreciate (I udible.) There'll be a public n.•tice haven't fixed the location. MAN QUINTANA: And ther a strong possibil' of a study session for the Commis ioners in May, is that correct? MEN. LORTZ: Yes. ADVANTAGE REPORTING SERVICES, LLC .(408) 920-0222 Page 121 to Page 124 REPORT TO: FROM: LOCATION: FINDINGS: ACTION: ENVIRONMENTAL ASSESSMENT: EXHIBITS: RECOMMENDATION SUMMARY: A. BACKGROUND: Date: April 4, 2002 For Agenda Of: Agenda Item: The Planning Commission Director of Community Development Zoning Code Amendment A-02-2 April 10, 2002 3 Public hearing to consider amending Sections 29.40.025 and 29.20.480 (2) of the Town Code to regulate sport court fencing. APPLICANT: Town of Los Gatos The Planning Commission must make a finding that the amendment is consistent with the General Plan if the recommendation is for adoption. Recommendation to the Town Council. 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)). A. Draft Ordinance, Sections 29.40.025 and 29.20.480 (2) Recommend amendment of Sections 29.40.025 and 29.20.480 (2) of the Town Code to regulate sport court fencing to the Town Council for adoption. The General Plan Committee (GPC) has been working on ways to carry out a variety of General Plan Implementation Strategies as part of the General Plan Implementation Plan that was adopted by the Town Council. The GPC discussed whether or not sports courts should be added to the Conditional Use Permit Table and determined that this issue would be best handled through a Zoning Code Amendment. B. DISCUSSION: Currently, sport courts do not require any type of public notice unless lighting is proposed. However, the General Plan prohibits lighted sport courts in hillside areas. The Zoning Ordinance also includes a section that states that fences over six feet are allowed, but the fence material for the portion of the fence over 6' must be approved by the Planning Director. The GPC is recommending that the Zoning Ordinance be amended to require neighborhood notice for lighted sport courts and sport court fencing in excess of 6' in height to allow for public input. If the Planning Commission feels that the proposed amendments should be approved, the Attachemnt 4 The Planning Commission - Page 2 Zoning Ordinance Amendment A-02-2 April 10, 2002 Commission should forward the following Town Code amendments to the Town Council: 1. Sec. 29.40.025. Court game areas. Tennis, volleyball, basketball, badminton and similar court game areas may be located anywhere on the lot except in the required front yard or side yard abutting the street. Fences over six (6) feet high may be allowed to enclose court game areas when approved through the Administrative Procedure for Minor Residential Projects. ;but the portion of such fences of Plaiuung Director. Lighting for court game areas may be allowed when approved through the Administrative Procedure for Minor Residential Projects providing the lighting complies with the following standards to the satisfaction of the Planning Director: (1) Game court lighting shall incorporate cut-off fixtures and lighting shall be shielded and directed onto the court. (2) Lighting for game court areas shall not be used after 10:00 p.m. zones shall be a►i (3) Lighting in the Hillside Areas is prohibited. Hillside areas arc defined by the flill:side Area Map in the Hillside Development Standards and Guidelines. 2. Sec. 29.20.480. Administrative procedure for minor residential projects. (2) In addition to the projects identified in subsections 29.20.745(12) and (15), the following projects will be considered under this administrative procedure. (a) New second -story additions to single and two-family dwellings. (b) Additions to an existing second story where the additional area will exceed 100 square feet. (c) Reconstruction to a portion of a single or two-family dwelling with a nonconforming setback. (d) Accessory structures exceeding 450 square feet. (e) Additions to accessory structures resulting in the structure containing more than 450 square feet. (f) Request to reduce side and rear yard setback requirements for accessory buildings. The Planning Commission - Page 3 Zoning Ordinance Amendment A-02-2 April 10, 2002 (g) Sport court lighting and/or fencing over six feet high enclosing court game areas in residential zones. C. RECOMMENDATION: Consider the proposed ordinance amendments and forward a recommendation to the the Town Council or return the proposed amendments to the GPC with suggested changes. If the Planning Commission determines that the Town Council should approve the proposed ordinance amendments, the Commission should recommend the following: a. That Council determine 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)); b. That the Town Council find that the Ordinance Amendments for sports courts are consistent with the General Plan; and c. That the Council adopt the Draft Ordinances (Exhibit A) amending the Town Code. Bud N. Lortz, Dire4tor of C iununity Development Prepared by: Joel Paulson, Assistant Planner BNL:JP N:\DEV\REPORTS\A-02-2. wpd ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTION 29.40.025 AND 29.20.480 THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Chapter 29 is amended to read as follows: Section 29.40.025. Court game areas. Tennis, volleyball, basketball, badminton and similar court game areas may be located anywhere on the lot except in the required front yard or side yard abutting the street. Fences over six (6) feet high are allowed to enclose court game areas when approved through the Administrative Procedure for Minor Residential Projects: ;+tri-the-portion-of-suefr fences —or Planning Dircctor. Lighting for court game areas is prohibited unless approved through the Administrative Procedure for Minor Residential Projects and unless it is in compliance with the following standards to the satisfaction of the Planning Director: (1) Game court lighting shall incorporate cut-off fixtures and lighting shall be shielded and directed onto the court. 1 Exhibit A (2) Lighting for game court areas shall not be used after 10:00 p.m. g ii1 ulc rrn orxt L. fit, lratt-be-canstructed al 3. Lighting in the Hillside Areas is prohibited. Hillside areas are defined by. the Hillside Area Map in the Hillside Development Standards and. Guidelines. Section 29.20.480. Administrative procedure for minor residential projects. (2) In addition to the projects identified in subsections 29.20.745(12) and (15), the following projects will be considered under this administrative procedure. (a) New second -story additions to single and two-family dwellings. (b) Additions to an existing second story where the additional area will exceed 100 square feet. (c) Reconstruction to a portion of a single or two-family dwelling with a nonconforming setback. (d) Accessory structures exceeding 450 square feet. 2 (e) Additions to accessory structures resulting in the structure containing more than 450 square feet. (f) Request to reduce side and rear yard setback requirements for accessory buildings. (g) Sport court lighting and/or fencing over six feet high enclosing court game areas in residential zones. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2002, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1DEV \ORD S\A-02-2A.wpd 3 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED ABATEMENT HAZARDOUS VEGETATION (BRUSH)/RESOLUTION 2002-97 (26.33) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering hazardous vegetation (brush) abatement. There was no one from the audience to speak to this issue. Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council close the public hearing. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 2002-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATREMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE. Carried unanimously. CABLE FRANCHISE/AT&T BROADBAND/TRANSFER APPLICATION (27.35) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider application of transfer of AT&T Broadband Cable Franchise. The following person from the audience addressed this issue: Ray Davis asked that Mr. Glickman recuse himself from voting due to a possible conflict of interest. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Glickman, to continue the public hearing to July 1, 2002. Carried unanimously. SPORT COURT FENCING/TOWN CODE AMENDMENT/ORDINANCE INTRO (28.37) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider amending Town Code Sections 29.40.025 and Section 29.20.480 (2) of the Town Code to regulate sport court fencing. It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quaiity Act (Section 15061 (b)(3)). Application: A-02-2. Applicant: Town of Los Gatos There was no one from the audience to speak to this issue. Motion by Mr. Pirzynski, seconded by Mrs. Decker, that council close the public hearing. Carried unanimously. Motion by Mrs. Decker, seconded by Mr. Pirzynski, to accept the Planning Commission's recommendation and make a motion to approve the Zoning Code Amendment. Carried unanimously. Mrs. Decker made the required finding that the proposed Zoning Code Amendments are internally consistent with the General Plan and its Elements. Carried unanimously. TC:D13:MM061702 9 Town Council Minutes June 17, 2002 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED SPORT COURT FENCING/TOWN CODE AMENDMENT/CONT. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTION 29.40.025 AND 29.20.480. Carried unanimously. TABLE OF CONDITIONAL USES/TOWN CODE SECTION 29/ORDINANCE INTRO (29.38) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider amending the Town Code for the Table of Conditional Uses, Town Code Section 29.20.185, Findings and Decisions, Town Code Section 29.20.190, and Definitions, Town Code Section 29.10.020. It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). Application: A-02-1. Applicant: Town of Los Gatos There was no one from the audience to speak to this issue. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council continue this item to September 16, 2002 per staffs recommendation. Carried unanimously. SWIMMING POOL/LOS GATOS HIGH SCHOOL/$300,000 GRANT (30.09) REDEVELOPMENT AGENCY FUNDING/ADOPTION OF RESOLUTION Mayor Attaway announced that this was the time and place so noted for public hearing to consider adopting a resolution approving a grant in the amount of $300,000 to Los Gatos -Saratoga Joint Union High School District Redevelopment Agency funds in order to provide partial funding for a new swimming pool at Los Gatos High School with a Public Facilities Agreement that allows for community use of the new pool. The following people from the audience addressed this item: Ed LaVeque, spoke in support of the High School Pool noting that the facility was a Community Aquatic Center for use by the whole Town. The Valley Foundation has also raised funds for this project. He spoke of the strong community support and insisted that this concept be addressed by everyone who has a part in gaining support for the proposal. Ray Davis spoke in support of the Town's grant to the Community Pool Proposal. Mr. Neilsen, Trustee of the High School District, thanked Council for the grant for the pool. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Glickman, to close public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council continue this item to September 3, 2002. Carried unanimously. TC:D13 MM061702 10