Staff Report
PREPARED BY: SALLY ZARNOWITZ, AIA, LEED AP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2019
ITEM NO: 12
DATE: APRIL 30, 2019
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-19-002. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING THE LAND USE APPEAL PROCESS.
RECOMMENDATION:
Introduce an Ordinance (Attachment 4), by title only, effecting amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding the land use appeal process.
BACKGROUND:
In 2018, the Town Council Policy Committee requested that amendments to the Town Code to
streamline the land use appeal process be placed on a Policy Committee agenda for discussion.
On July 19, 2018, the Policy Committee began its discussion, listened to public input, provided
direction, and continued the matter. Exhibits 4 and 5 of Attachment 1 contain the minutes and
staff report for the July 19, 2018 meeting.
On December 20, 2018, the Policy Committee continued its discussion and forwarded a
recommendation to the Planning Commission to approve the proposed modifications to the land
use appeal process contained in Attachment 1, Exhibit 6. Attachment 1, Exhibits 2 and 3, contain
the minutes and staff report for the December 20, 2018 meeting.
PAGE 2 OF 4
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING THE LAND USE APPEAL PROCESS
DATE: APRIL 30, 2019
S:\COUNCIL REPORTS\2019\05-07-19\Land Use Appeal Process\Staff Report.docx
DISCUSSION:
A. Planning Commission
On March 27, 2019, the Planning Commission reviewed the proposed amendments from the
Policy Committee (Attachment 1, Exhibit 6) that would:
• Include a definition of the term interested person in Town Code Sec. 29.10.020 ,
bifurcating the commercial and residential appeal processes;
• Remove the requirement that the Town Council make one of three findings to modify or
reverse the decision of the Planning Commission on any appeal in Town Code Sec.
29.20.295 and Sec. 29.20.300; and
• State that an interested person may appeal the decision by the Planning Director on a
Minor Residential Development application to the Planning Commission in Town Code Sec.
29.20.480.
The Commission recommended approval of the proposed amendments to the Town Council,
with the modifications outlined below (please see draft Ordinance, Attachment 4).
Attachment 2 contains the verbatim minutes for the Planning Commission meeting.
Interested Persons
The Commission supported bifurcating the residential and commercial appeal processes.
Regarding the distance from a residential project where an interested person owns property
or resides, the Policy Committee noted that a 300-foot distance may be too narrow, and a
distance consistent with the Political Reform Act could be cited. The Planning Commission
stated that the question of an interested person with regard to a residential appeal requires
additional discussion, and noted that perhaps the 500-foot distance, formerly cited in the
Political Reform Act, may be too limiting considering all the circumstances that affect
applications. Under recent revisions to the Political Reform Act, a material financial effect is
presumed not to be material if the project property is 1,000 feet or more from the property
line of the official’s property. The draft Ordinance, therefore, includes a definition of an
interested person as one who owns property or resides within 1,000 feet of a property for
which a decision is rendered. The Town Council should discuss what they believe the
appropriate distance should be.
Appeal Findings
The Commission recommended retaining the requirement that the Town Council make one of
three findings to modify or reverse the decision of the Planning Commission on any appeal in
Town Code Sec. Sec. 29.20.300, while modifying the second finding to clarify that the Council
shall specify new information, relative to the same project considered by the Planning
Commission, with no design changes. The draft Ordinance contains these recommendations.
PAGE 3 OF 4
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING THE LAND USE APPEAL PROCESS
DATE: APRIL 30, 2019
S:\COUNCIL REPORTS\2019\05-07-19\Land Use Appeal Process\Staff Report.docx
DISCUSSION (continued):
Minor Residential Development Application Appeal
The Commission supported the provision of an appeal process for Minor Residential
Development application decisions. The draft Ordinance includes the provision of an appeal
process for Minor Residential Development application decisions.
B. Public Outreach
Public input has been requested through the following media and social media resources:
• An eighth-page public notice in the newspaper;
• A poster at the Planning counter at Town Hall;
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s Nextdoor page.
In addition, interested architects and the following organizations have been contacted
regarding the amendments:
• American Institute of Architects (AIA) Silicon Valley;
• Santa Clara County Association of Realtors (SCCAR); and
• Silicon Valley Association of Realtors (SILVAR).
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061 (b) (3)] (Attachment 3);
2. Make the required finding that the amendments to Chapter 29 of the Town Code regarding
the land use appeals process are consistent with the General Plan (Attachment 3); and
3. Introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town
Code regarding the land use appeals process A-19-002 (Attachment 4), by title only, with
any specific changes identified and agreed upon by the majority of the Town Council.
PAGE 4 OF 4
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE
TOWN CODE REGARDING THE LAND USE APPEAL PROCESS
DATE: APRIL 30, 2019
S:\COUNCIL REPORTS\2019\05-07-19\Land Use Appeal Process\Staff Report.docx
ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer the item back to the Planning Commission with specific direction; or
3. Take no action, leaving the Town Code unchanged.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of
the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with certainty
that there is no possibility that the proposed amendments to the Town Code will have a significant
effect on the environment.
COORDINATION:
The evaluation of the application was coordinated with the Town Attorney.
PUBLIC COMMENTS:
No written public comments have been received.
Attachments:
1. March 27, 2019 Planning Commission Staff Report with Exhibits 1 - 6 (40 pages)
2. March 27, 2019 Planning Commission Verbatim Minutes (40 pages)
3. Required Findings (one page)
4. Draft Ordinance (six pages)
S:\COUNCIL REPORTS\2019\05-07-19\LAND USE APPEAL PROCESS\STAFF REPORT.DOCX