Loading...
Staff Report PREPARED BY : ROBERT SCHULTZ Town Attorney Reviewed by: Town Manager, Assistant Town Manager, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ●A 40 8 -354 -68 32 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 0 8 /15 /2018 ITEM NO: 2 D ATE : AUGUST 10, 201 8 TO : MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: CONSIDERATION OF AN INTERIM URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS EXTENDING FOR A PERIOD OF ONE YEAR THE MORATORIUM PROHIBITING THE ISSUANCE OF LAND USE DEVELOPMENT ENTITLEMENTS WITHIN THE NORTH 40 SPECIFIC PLAN AREA UNTIL AN UPDATE TO THE NORTH 40 SPECIFIC PLAN HAS BEEN COMPLETED RECOMMENDATION : Staff recommends that the Town Council open the public hearing and take testimony and documentary evidence. After considering the evidence , consider whether to extend the Interim Urgency Ordinance (Attachment 1). A 4/5 vote is required in order to adopt the ordinance. BACKGROUND : On August 15, 2017 , the Town Council adopted Interim Urgency Ordinance 2260 establishing a moratorium on processing future development applications within the North 40 Specific Plan. (“Moratorium”).A On September 19, 2017, the Town Council adopted Interim Urgency Ordinance 2262, extending the moratorium on processing future development a pplications within the North 40 Specific Plan for a period of ten months and fifteen days . PAGE 2 OF 4 SUBJECT: INTERIM URGENCY ORDINANCE DATE: AUGUST 10, 2018 BACKGROUND (cont.): On November 14, 2017, the Town Council held a Special Meeting to discuss potential amendments to the North 40 Specific Plan, received public testimony, and provided staff direction for amendments to the North 40 Specific Plan. On January 16, 2018, the Town Council held a noticed public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and continued the matter to the February 6, 2018 Town Council meeting with requests for additional informat ion from staff. Due to the length of time anticipated to consider other items on the February 6, 2018 Town Council agenda this item was continued to the March 6, 2018 meeting. On March 6, 2018, the Town Council held a continued public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and continued the matter to the April 17, 2018 Town Council meeting with requests for additional information from staff. Staff was not able to complete the work associated with the Town Council’sArequestsAforAadditionalA information for the April 17, 2018 Town Council meeting and requested that the item be continued to the Town Council meeting on June 5, 2018. On June 5, 2018, the Town Council held a continued public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and continued the matter to the August 7, 2018 Town Council meeting with direction to staff. On August 7, 2018, the Town Council held a continued public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and directed Staff to bring back an ordinance extending the moratorium on processing future development app lications within the North 40 Specific Plan. DISCUSSION : The Interim Moratorium Ordinance was adopted pursuant to Government Code section 65858, which provides that an interim urgency ordinance adopted as an urgency measure shall remain in effect for 45 days, unless extended for an additional period of up to 10 months and 15 days, and a second time for up to an additional one year. In addition, Government Code Section 65858 requires that prior to the expiration of an interim urgency ordina nce; the Town Council shall issue a written report describing the measures taken to alleviate the conditions that led to adoption of the ordinance. Since the adoption of the Urgency Ordinance was enacted, s taff has been analyzing and research ing pot ential suggested amendments and has prepared various redline versions of the North 40 Specific Plan. As set forth above in the Background section, the Council held 6 public hearings to review potential amendments to the North 40 Specific Plan. This Staff Report and all Staff Reports for the PAGE 3 OF 4 SUBJECT: INTERIM URGENCY ORDINANCE DATE: AUGUST 10, 2018 DISCUSSION (cont ’d): Council Meetings set forth above shall serve as the report required under Section 65858 and describe the steps already undertaken and anticipated by staff leading to future action by Council with regard to updating and amending the North 40 Specific Plan. The current Interim Urgency Ordinance will expire on August 15, 2018. In order to extend the MoratoriumAOrdinance,AtheATownACouncilAmustAmakeAlegislativeAfindingsAthatA“thereAisAaAcurrentA and immediate th reat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, or other entitlements would result in that threat toApublicAhealth,Asafety,AorAwelfare.”A It is s taff’sApositionAthatAtheAconditionsAthatAexistedAaAyearAagoA which led to the adoption of the moratorium do not exist today and therefore do not support the extension of the Interim Urgency Ordinance. Staff does not support the extension si nce such ordinances, often referred to as "stop -gap" or "incubation period" ordinances, should only prohibit a property owner from using his or her property for a specified use for a limited period of time . Silvera v. City of South Lake Tahoe; Fletcher v. Porter ; Mang v. County of Santa Barbara, CEEED v. California Coastal Zone Conservation Com. Numerous court cases have stated that the determination of the validity of a zoning ordinance will hinge upon whether it is reasonable or arbitrary and oppressiv e and “a temporary restriction upon land use may be a mere inconvenience where the same restriction indefinitely prolonged might possibly metamorphize into oppression .” Metro Realty v. County of El Dorado . For approximately 6 of the past 8 years, the Town has had a moratorium on any development applications (not just for a specified use) within the North 40 Specific Plan area . It is s taff’sA opinion that six years is too long to be considered a “stop -gap" or "incubation period ." In addition, the courts have limited the extension of an interim ordinance to those situations where actual approval of an entitlement is imminent and there is ample testimony on the record that the North 40 property owners will not be filing development applications i n the near future. Building Industry Legal Defense Foundation v. Superior Court. Extending the moratorium to reconsider such issues as the number of housing units, additional open space, and building heights, or to evaluate the impacts of Phase I, or be cause of current traffic congestion, are not legitimate findings under Government Code Section 65858. If the Town Council chooses to extend the Interim Urgency Ordinance, it will need to state on the record the necessary findings to adopt the attached ordinance. A 4/5 vote is required by the Town Council in order to adopt the ordinance. If adopted, the ordinance may also be terminated by Town Council vote at an y time prior to its end date. PAGE 4 OF 4 SUBJECT: INTERIM URGENCY ORDINANCE DATE: AUGUST 10, 2018 ENVIRONMENTAL ASSESSEMENT : The proposed extension of the Moratorium is exempt from review under the California Environmental Quality ctA(“CEQ ”)ApursuantAtoAsectionsA15060(c)A(2),A15060(c)A(3)AandA 15601(b) (3) of the CEQA Guidelines, because the action will not result in a direct or reasonably feasible indirect physical change in the environment . This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines. This Ordinance does not authorize any new construction or development entitlements. Any proposed project that will utilize the changes set forth in this Ordinance will be subject to CEQA review as part of the entitlement review of the project. The Ordinan ce will not adversely impact the environment and is therefore exempt from the provisions of CEQA. FISCAL ANALYSIS : Continuing the Moratorium will require a significant commitment of staff time. While funding this staff time does not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. Attachments : 1. Interim Urgency Ordinance Extendin g Moratorium.