Item 10 Staff Report Accept Report in the Form of Meeting Minutes from the Planning Commission Recommending Approval of Zoning Code Amendment for Section 29.40.025 and 29.20.480 (2) of the Town Code to Regulate Sport Court Fencing. Application: A-02-2.MEETING DATE: 6/3/02
ITEM NO. C
COUNCIL AGENDA REPORT
DATE: May 28, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGE
SUBJECT: ACCEPT REPORT IN THE FORM OF MEETING MINUTES FROM THE
PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING
CODE AMENDMENT FOR SECTIONS 29.40.025 AND 29.20.480 (2) OF
THE TOWN CODE TO REGULATE SPORT COURT FENCING.
APPLICATION: A-02-2. APPLICANT: TOWN OF LOS GATOS.
RECOMMENDATION:
Accept report in the form of meeting minutes from the Planning Commission recommending
approval of Zoning Code Amendment A-02-2 and schedule the Zoning Code Amendment for a
public hearing on June 17, 2002.
DISCUSSION:
On April 10, 2002, the Planning Commission made the decision to forward a Zoning Code
Amendment application, A-02-2, to the Town Council with a recommendation for approval.
Pursuant to Section 29.20.570 of the Town Code, the approved Planning Commission minutes are
being forwarded to the Town Council (Attachment 1). The public hearing regarding this matter is
tentatively scheduled for June 17, 2002.
No further Council action is required at this time.
ENVIRONMENTAL ASSESSMENT:
Accepting this report from the Planning Commission is not a project as defined by CEQA and no
further action is required.
1
PREPARED BY: BUD N. LORTZ
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: Attorney Clerk Finance Community Development
Revised: 5/28/02 4:27 pm
Reformatted: 5/23/01
PAGE 2
MAYOR AND TOWN COUNCIL
RE: ACCEPT REPORT ON 15047 LOS GATOS BOULEVARD
May 28, 2002
FISCAL IMPACT:
None.
Attachments:
1. Excerpt from the approved Planning Commission Minutes from their meeting on April 10,
2002.
BNL:JP:mdc
N:\DEV\CNCLRPTS\A-02-2Minutes.wpd
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JLIC HEARING
Page 117
(Ayes.)
CHAIRWOMAN QUINTANA: Carries unanimously.
A • then I would just add that if the Commission has
any ms on the conditional use table that they wan
to see rther addressed during the zoning code
update, t
let Bud know.
COMMI .TONER BURKE: Chairman.
CHAIRWO iAN QUINTANA: Yes.
COMMISSIO ER BURKE: One of tie,' gs on that I
think would also • helpful is controve _ia( type
uses, especially in r idential zones t would be
really handy if in addit •n to havin. an X or a non-X
in the box, if we sat dow ' and s. id hey, for these
five or six items it would b re• nice to have a
policy. It's much easier to . - 'ne a policy in the
abstract when it's not so ebo• 's neighborhood and
it's not somebody's tr- smission ower, and they
wouldn't make that r- commendatio • (inaudible).
CHAIRWOMAN #UINTANA: Are ou suggesting
that each type • use have its own set o findings
that need to • - made?
COMMIS:(ONER BURKE: No, no. Pick : couple
that have • een controversial and say, you kno , what
would • ake this decision easier by defining the sues
in th= abstract rather than in the specific. I mean,
(1) it's easier to
(2) CHAIRWOMAN QUINT
(3) books.
Page 118
them in the abstr
a In the policy
(4 + ' MISSIONER BURKE: Definitely.
(s) CHAIRWOMAN QUINTANA: Okay. Moving on to
(6
1 Ltem which is a !public hearing to consider amending
(7) Section 29.40.025 and 29.20.480 of the Town Code to
(8) regulate sport court fencing. And the applicant is
(e) the Town of Los Gatos. Staff, do you have any
(10) additional comments to make on this?
(i1) MR. LORTZ: No. Just clearly it addresses
(12) two - actually, two issues. One is the fence issue
(is) and the fact that the hillside - in hillside areas
(14) the General Plan speaks to lighting as being
!1s) prohibited.
(16) This ordinance amendment carries that
(17) through, and the - and essentially what we're doing
08) with the tennis court fencing is giving an opportunity
(19) for neighboring residents to provide public input.
(2o) 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
- WEDNESDAY, APRIL 1 2002
Page 119
(1) motion? Okay. I'm on a roll tonight. This is
(2) against my policy of making all motions, guys.
(3) A VOICE: (Inaudible.)
(4) MR. KORB: You have a public hearing.
(s) CHAIRWOMAN QUINTANA: A public hearing, I am
(6) sorry. Mr. Davis. I'm opening the public hearing.
(7) RAY DAVIS: (Inaudible.)
(8) CHAIRWOMAN QUINTANA: Yes.
(9) RAY DAVIS: Well, I'd like to offer
(10) comments. Number one, the agenda talks about
(11) 29.20.480 as a sport court fencing. But the agenda
(12) unfortunately is not appropriate, okay. And it's a
(13) violation of the Brown Act, okay. 'Cause we're
(14) talking about administrative procedure for minor
(1s) residential projects, not sport court issues, okay.
(16) And the - the toughest thing that I see
(17) down here that Mr. Lortz wants to set up a new second
(18) story addition to single and two family dwellings
(19) administratively and take it out of your purview. And
(20) of course, that's a huge bone of contention in this
(21) town. Half the public hearings on remodels have to do
(22) with the second story addition on an existing single
(23) family home in an existing neighborhood. And this
(24) room fills up with neighbors, okay. And come,
(2s) Mr. Lortz, shame on you. That's not the way to go.
XMAX(30/30)
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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 1 - 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 fuli 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 1
Page 117 to Page 120
(409) 920-0222 ADVANTAGE REPORTING SERVICES, LLC
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r JBLIC HEARING - WEDNESDAY, APRIL ..., 2002
Page 121
to adding a section regarding sports courts.
AVOICE: (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
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Page 123
between Town Council, Planning Commission and Histo c
Preservation Committee. I'd just like to clarify, or
's my understanding that the items listed under
PI ning Commission study session topics are - e
not tually for the April meeting with the Town
Counc but those are possible subjects for a tudy
session : -tween the Commissioners in Ma
And given ,at, I will let Mr. Lortz go on
from there.
MR. LORTZ: First, we just wante to let you
know that the Pla ing Commissio and Council are
going to be having tudy sessi n on the 29th of
April - or 27th of April, nd yo are all encouraged
to attend.
The question for you, and • u can just let
me know these as - jus call •e and let me know, any
items that you'd like f• the Co •cil and Commission
to discuss. And on= of those item might be, for
example, discus g the peer revie •rocess, how it's
doing, how's e -rybody feel about it, t -t sort of
thing, as well =s anything else that you s ht want to
discuss wi the Council.
So just 1= me know about those within the
next w ek or so, and I'll make sure that it's
age •a. Question?
XMAX (31 /31)
on t
Page 124
The anticipated time for the study session
going to be in the morning of the 27th, and lunch
be included, so you'll join us for lunch, and
obably be from starting about 9:00 o'clock.
et an agenda. Yeah, about nine to one.
WOMAN QUINTANA:
SIONER DUBOIS:
st of Staff. I know
I'm wondering
e things (f we
cheduled to
lass to be
ice to
it'll .
You'll
CHAI
COMM
make a req
to schedule, b
we schedule the
as possible. I was
day. I will cancel the .
I would like as much n•
as is early as possible,
MR. LORTZ: We gav
had, but I hear you, an
Council and whatnot
that.
A VOICE: (I
MR. LORTZ
provided. W
CHAIR
possibi
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Commissio r Dubois.
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these are • ifficult
if in the uture when
car, • t as much notice
te. h a class on that
ere at this, but
et them on my calendar
u as much notice as we
som of it is logistics with
ut thank ou, 1 appreciate
- .
udible.)
There'll be a public notice
haven't fixed the location.
OMAN QUINTANA: And Cher..a strong
of a study session for the Commis ioners
is that correct?
LORTZ: Yes.
T\IAto, IT A/^C ocrincrrinir c=mrir•Cc i r
rn nsn a�n_n902
Page 121 to Page 124
Town Council Minutes June 3, 2002
Redevelopment Agency Los Gatos, California
PRESENTATION/SANTA CLARA COUNTY CITIES ASSOCIATION (XX.28)
Mayor Attaway introduced Gillian Moran, Director of SCCCA, who in turn introduced Kris Casto,
President of the Santa Clara County Cities Association. Ms Casto spoke of the lobbying done in
Sacramento by the cities supporting state funding directed to cities remaining dedicated to local
needs. The cities' Legislative Day in Sacramento was very successful and Ms Casto thanked Jenny
Haruyama for organizing that day and contributing to its success.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Motion by Mr. Blanton, seconded by Mr. Glickman, to accept and file informational report
regarding currently scheduled public hearings. Carried unanimously.
COUNCIL CALENDAR OF MEETINGS (02.28)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
RATIFICATION OF PAYROLL/APRIL-MAY 2002 (03.V)
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council ratify the check registers for the
payroll of April 28, 2002 through May 11, 2002, paid on May 17, 2002 in the amount of$525,323.38.
Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MAY 2002 (04.V)
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council ratify the accompanying check
registers for accounts payable invoices paid on May 17, 2002 and May 24, 2002 in the amount of
$533,417.58. Carried unanimously.
TREASURER'S REPORT (05.02)
Informational reports submitted by the Treasurer to the Council for the month ended April 30, 2002
was received and filed.
MINUTES OF MAY 20, 2002 (07.V)
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council approve the special session
Minutes of May 20, 2002 as submitted. Carried unanimously.
TOWN COUNCIL/REDEVELOPMENT AGENCY MEETING SCHEDULE/FY 2002-2003 (08.28)
Motion by Mr. Blanton, seconded by Mr. Glickman, to approve Fiscal Year 2002-2003 Town
Council/Redevelopment Agency Meeting Schedule indicating canceled meetings in August. Carried
unanimously.
SPORT COURT FENCING/ZONING CODE AMENDMENT (10.38)
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council accept report in the form of
meeting minutes from the Planning Commission recommending approval of Zoning Code
Amendment for Sections 29.40.025 and 29.20.480(2) of the Town Code to regulate sport court
fencing, Amendment A-02-2 and schedule the Zoning Code Amendment for a public hearing on
June17, 2002. Carried unanimously.
TC: D 13 : MM060302 2
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