Attachment 1 - August 14, 2019 Planning Commission Staff ReportPREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 08/14/2019 ITEM NO: 5
DATE: August 5, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Town Code Amendment Application A-19-005. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding valet parking regulations.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of the amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding valet parking regulations.
CEQA:
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 this project will have a significant effect on the
environment.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the
California Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
The amendments to Chapter 29 of the Town Code are consistent with the General Plan.
BACKGROUND:
On February 6, 2018, the Town Council approved Town Code amendments regarding valet
parking to allow properties in the parking assessment district to charge patrons for valet
parking.
ATTACHMENT 1
PAGE 2 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019
BACKGROUND (continued):
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Potential amendments to the valet parking regulations was one of the topics identified by staff
as an opportunity to streamline the land use process and costs. Following a brief discussion,
the Policy Committee provided direction to bring back the valet parking regulations for further
discussion.
On May 28, 2019, the Policy Committee reviewed potential modifications to the valet parking
regulations and recommended approval of the changes.
DISCUSSION:
Section 29.10.145 (g) of the Town Code contains regulations regarding valet parking
(Attachment 1).
Additionally, Section 29.20.745 (4) of the Town Code designates the Development Review
Committee (DRC) as the deciding body for Valet Parking Permit applications. These regulations
require Valet Parking Permit applications to be approved by the DRC and do not allow for
private parking lots outside of the parking assessment district area to charge for valet parking.
The Valet Parking Permit application fee is a $1,000.00 deposit used to cover the actual cost of
processing the application and DRC approval which typically takes between two and four
months. The cost and processing time for a Valet Parking Permit application could be
eliminated if Section 29.10.145 (g) and Section 29.20.745 (4) were amended.
A. Existing Town Code
Existing Town Code Section 29.10.145 (g) discusses valet parking regulations:
…..
(g) Commercial operation of parking spaces.
(1) All privately owned off-street parking spaces required to be provided by this
division, or required by the administrative approval authorized by this chapter, shall
be operated without charge to the users thereof. No privately owned parking lot
which contains such spaces shall be operated commercially or under a validation
system whereby parkers patronizing business for which the spaces are provided are
admitted to the lot free of charge or at reduced charges and other parkers are
charged a fee, and the admission of vehicles to such lots shall not be restricted by
gates or other physical means during periods when the use or uses for which the
spaces are required are in operation. The provisions of this section shall not be
deemed to prohibit the posting of signs at entrances to such parking lots identifying
PAGE 3 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019
DISCUSSION (continued):
the businesses or uses for whose benefits the lots are operated, prohibiting other
parking under threat, and enforcing such prohibitions.
(2) Notwithstanding subsection (1) above, a parking lot located within a town parking
assessment district may be operated with a charge for its use under the following
circumstances if the town has instituted and continues to maintain a charge for use
of town owned or operated parking lots in the district:
a. A charge is made for use of the private parking lot that does not exceed the
highest hourly rate charged by the town for use of its lots. Such a charge may
include a validation system whereby parkers are admitted to the lot free of
charge or at reduced charges if certain businesses are patronized and may also
include restriction by gates or other physical means; or
b. Use of valet parking, so long as the parking lot is usable at all times during which
the parking spaces are in operation as required by this chapter, and the use of
the valet parking has been approved by the Development Review Committee
pursuant to a parking lot permit; or
c. A combination of a charge and valet system.
(3) Notwithstanding subsection (1) above, a private parking lot, or sections of a private
parking lot located within a Town parking assessment district may be operated as a
valet parking lot under the following circumstances:
a. The valet parking may be provided with or without charge to the public; and
b. The valet parking lot service adheres to and maintains all fire codes and
emergency access standards; and
c. The valet parking lot service shall not impair the safe and efficient use of existing
adjacent non-valet parking; and
d. The private valet parking lot is approved by the Development Review Committee
pursuant to a parking lot permit. The Development Review Committee shall have
the discretion to deny the parking lot permit application if any criteria set forth
above and/or any other rules and regulations adopted by the Town Council
cannot be met and shall have the ability to revoke the parking lot permit for
valet parking with a minimum of ten (10) days notice.
…..
Existing Town Code Section 29.20.745 discusses the assignment of duties for the DRC:
The Development Review Committee shall:
…..
(4) Review and make recommendations on parking lot permits under section 29.10.155(l)
including reconfiguration or trade-off of zoning requirements under other sections of
PAGE 4 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019
DISCUSSION (continued):
this chapter, and under section 29.10.145(g) on use of valet parking for parking lots
within a town parking assessment district. The development review committee has the
authority to make final determinations for approval and revocation of parking lot
permits for valet parking.
…..
B. Proposed Modifications
Based on the discussion above, as recommended by the Policy Committee, staff has
prepared a Draft Ordinance implementing the amendments (Exhibit 6), for the Planning
Commission’s consideration. The potential amendments, shown in strike through and
underline font in Exhibit 6, would make the following changes:
• Remove the requirement that private parking lots outside of the parking assessment
district area may not charge for valet parking; and
• Modify the deciding body for Valet Parking Permits from the DRC to the Director of
Community Development.
C. Public Outreach
Public input has been requested through the following media and social media resources:
• 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, 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).
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
PAGE 5 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019
CONCLUSION:
A. Recommendation
Based on the direction of the Town Council Policy Committee, staff recommends that the
Planning Commission review the information included in the staff report and forward a
recommendation to the Town Council for approval of the amendments to Chapter 29 of the
Town Code in the Draft Ordinance. The Commission should also include any comments or
recommended changes to the Draft Ordinance in taking the following actions:
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)] (Exhibit 1);
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 6).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Draft Ordinance
with modifications; or
2. Forward a recommendation to the Town Council for denial of the Draft Ordinance; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Required Findings (one page)
2. Town Council Policy Committee Minutes, February 26, 2019 (three pages)
3. Town Council Policy Committee Report, February 26, 2019 (two pages)
4. Town Council Policy Committee Minutes, May 28, 2019 (two pages)
5. Town Council Policy Committee Report without attachments, May 28, 2019 (two pages)
6. Draft Ordinance (one page)
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PLANNING COMMISSION – August 14, 2019
REQUIRED FINDINGS FOR:
Town Code Amendment Application A-19-005
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet
parking regulations.
FINDINGS
Required Findings for CEQA:
•It has been determined 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).
Required Findings for General Plan:
•The proposed amendments to Chapter 29 of the Town Code regarding valet parking
regulations are consistent with the General Plan.
N:\DEV\FINDINGS\2019\VALET PARKING REGULATIONS FINDINGS.DOCX EXHIBIT 1
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 04/09/2019
ITEM NO: 1
MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING
FEBRUARY 26, 2019
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on Thursday,
February 26, at 5:00 p.m.
MEETING CALLED TO ORDER
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Rob Schultz, Town Attorney; Joel Paulson, Community Development Director;
Matt Morley, Parks and Public Works Director; Shelley Neis, Town Clerk.
VERBAL COMMUNICATIONS
None.
OTHER BUSINESS
1.Approval of the January 24, 2019 Council Policy Committee Minutes.
Approved.
2.Provide direction on Commission Appointment Policy 2-11 in relation to Commissioner
interviews, and the Town Agenda Format and Rules Policy 2-01 regarding remote meeting
participation.
Shelley Neis, Town Clerk, presented the staff report.
Maria Ristow
-Commented on remote participation and requested the Council consider requiring that
applicants must attend a Commission meeting before applying.
After discussion the Committee directed staff to forward the two Policies to Council with the
following recommendation:
-Allow a submission letter and remote participation for interview purposes only for
incumbents.
-Suggested language from the Town Attorney regarding special meeting times.
-Suggested number of allowed remote meeting participation that is less than half as there
was not consensus on the number.
EXHIBIT 2
PAGE 2 OF 3
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MARCH 12, 2019
DATE: MARCH 7, 2019
N:\MGR\AdminWorkFiles\Council Committee - POLICY\2019\03.12.19\2-26-19 Final Minutes.docx 4/29/2019 4:32 PM
Chair Jensen moved Items #4 and #5 before Item #3.
3.Provide direction on potential land use streamlining modifications.
Joel Paulson, Community Development Director, presented the staff report.
Bess Weirsema, Studio 3
-Requested the design professional community have a seat at the table to discuss potential
modifications to land use processes and permitting and commented on the demolition
regulations.
Jennifer Crutchmer
-Commented on the demolition regulations.
Tony Jeans
-Requested the design professional community have a seat at the table to discuss potenti al
modifications to the demolition regulations and streamlining land use processes.
Jay Plett
-Commented on the demolition requirements and requested the demolition policy be
streamlined.
Dave Ziccovich
-Commented on the demolition policy and requested the demolition policy be streamlined.
Catherine Somers
-Commented on streamlining processes to allow business to open within three months and
consider a deciding body policy.
After discussion the Committee directed staff to look at how the accessory dwelling unit (ADU)
ordinance interacts with other regulations, how the hillside and historical regulations interact
with other regulations, and to bring the demolition regulations and policy to the next meeting.
4.Provide direction on potential modifications or updates to the Traffic Impact Mitigation
Ordinance, Policy, and Fees.
Matt Morley, Parks and Public Works Director, presented the staff report.
Maria Ristow
-Suggested an alternative to exceptions, a traffic demand mitigation (TDM) or some way to
waive the fees if the traffic is mitigated.
PAGE 3 OF 3
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MARCH 12, 2019
DATE: MARCH 7, 2019
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Item #4 – continued
After discussion, the Committee identified that Town Code Section 15.70.030(c)(5) enables the
Town Council to consider unusual circumstances and approve a deviation from the Traffic
Policy. The Committee directed staff to bring the requested fee modification to the Town
Council for its consideration consistent with this provision.
5. Receive information on the development of Arborist Report Standards.
Joel Paulson, Community Development Director, presented the staff report.
Dave Weismann
- Commented on the prolonged timeline for the development of arborist standards.
Refer the item to the Town Manager to discuss with the Mayor to determine if the item will be
placed on a future Council agenda for discussion.
6. Determine meeting schedule for 2019 (verbal discussion only).
The Committee chose the second Tuesday of each month at 5:00 p.m. The next meeting will be
March 12, 2019.
ADJOURNMENT
The meeting adjourned at 6:08 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Town Clerk
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PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
POLICY COMMITTEE REPORT
MEETING DATE: 2/26/2019
ITEM NO: 9
DATE: FEBRUARY 21, 2019
TO: POLICY COMMITTEE
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND PROVIDE DIRECTION ON POTENTIAL LAND USE
STREAMLINING MODIFICATIONS.
RECOMMENDATION:
Discuss and provide direction on potential land use streamlining modifications.
BACKGROUND:
Over the last couple years, the Town has considered and approved a number of modifications
and/or pilot programs that have streamlined the process and costs for businesses. Additional
opportunities for streamlining opportunities for businesses will be considered by the Town
Council on March 5, 2019.
DISCUSSION:
Staff has identified some additional opportunities to streamline land use processes for the
Policy Committee’s consideration. Staff has prepared an outline that contains possible
streamlining opportunities that relate to the land use process and costs for businesses and
residences (Attachment 1). Attachment 1 contains general comments and questions regarding
potential streamlining opportunities as outlined below by category:
Demolition Regulations (see Attachments 2 and 3);
Hillside Development Standards and Guidelines Project Review and Approval Process
(see Attachment 4);
Deciding Body Modifications (see Attachments 5 through 10); and
EXHIBIT 3
PAGE 2 OF 2
SUBJECT: STREAMLINING
DATE: FEBRUARY 21, 2019
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DISCUSSION (continued):
Architecture and Site Applications (see Attachment 10).
This meeting will allow for an initial conversation between staff and the Policy Committee.
Staff will be prepared to walk through these topics and answer questions.
Staff is interested in the Policy Committee’s discussion and direction on these general topics to
help prioritize next steps. Given staff resource constraints, staff will bring individual topics back
to the Policy Committee for a more thorough discussion.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
Attachments:
1. Possible Streamlining Opportunities
2. Demolition Affidavit
3. Demolition Diagram
4. Chapter IX of the Hillside Development Standards and Guidelines
5. Excerpt from the Town Code relating to Deciding Bodies
6. Excerpt from the Town Code relating to loss of Parking in the Parking Assessment District
7. Excerpt from the Town Code relating to Parking Lot Modifications
8. Excerpt from the Town Code relating to Valet Parking
9. Policy relating to Minor Exterior Modifications to Commercial Buildings
10. Excerpt from the Town Code relating to Minor Exterior Alterations to Commercial Building
and the requirement for an Architecture and Site application for a change in architectural
style
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 06/25/2019
MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING
MAY 28, 2019
The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on
Tuesday, May 28, 2019, at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:01 P.M.
ROLL CALL
Members Present: Marcia Jensen, Barbara Spector.
Staff Present: Laurel Prevetti, Town Manager; Joel Paulson, Community Development Director;
Holly Zappala, Management Analyst.
VERBAL COMMUNICATIONS
None.
OTHER BUSINESS
1.Approval of the May 9, 2019 Council Policy Committee Minutes.
Approved.
Joel Paulson, Community Development Director, presented the staff reports for Items 2
through 5.
2.Provide direction on potential amendments to the Hillside Development Standards and
Guidelines approval processes.
After discussion, the Committee asked staff to email the Committee a revised draft for
review and, upon review and approval of the draft, forward a recommendation to the
Planning Commission to approve the amendments to the Hillside Development Standards
and Guidelines.
3.Provide direction on potential amendments to the parking lot improvement approval
process.
After discussion, the Committee decided to forward a recommendation to the Planning
Commission to approve the amendments to the parking lot improvement approval pro cess.
EXHIBIT 4
PAGE 2 OF 2
SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF
MAY 28, 2019
DATE: JUNE 25, 2019
4.Provide direction on potential amendments to the valet parking regulations.
After discussion, the Committee agreed to forward a recommendation to the Planning
Commission to approve the amendments to the valet parking regulations and to expand the
valet parking regulations beyond the parking assessment district to apply Town-wide.
5.Provide direction on potential amendments to parking assessment district regulations.
After discussion, the Committee forwarded a recommendation to the Planning Commission
to approve the amendments to parking district regulations with minor changes to the
wording to make it clear that they apply to on-site parking spaces.
The Committee also agreed to amend the regular meeting schedule of the Town Council Policy
Committee to meet on the fourth Tuesday of each month at 5:00 p.m. in Town Council
Chambers.
ADJOURNMENT
The meeting adjourned at 5:26 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
May 28, 2019 meeting as approved by the
Town Council Policy Committee.
/s/ Holly Zappala, Management Analyst
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
POLICY COMMITTEE REPORT
MEETING DATE: 5/28/2019 ITEM NO: 4
DATE: MAY 22, 2019 TO: POLICY COMMITTEE FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PROVIDE DIRECTION ON POTENTIAL AMENDMENTS TO THE VALET PARKING REGULATIONS.
RECOMMENDATION:
Provide direction on potential amendments to the valet parking regulations.
BACKGROUND:
On February 6, 2018, the Town Council approved Town Code amendments regarding valet
parking to allow properties in the parking assessment district to charge patrons for valet
parking.
On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining
opportunities that relate to the land use process and costs for businesses and residences.
Following a brief discussion, the Policy Committee provided direction to bring back valet
parking regulations for further discussion.
Potential amendments to valet parking regulations was one of the topics identified by staff as
an opportunity to streamline the land use process and costs. The general questions regarding
potential amendments to parking assessment district regulations presented in the February 26,
2019 Policy Committee report were:
•Should valet parking be reviewed and approved by the Director of Community
Development rather than having to go to Development Review Committee (DRC)?
EXHIBIT 5
PAGE 2 OF 2 SUBJECT: VALET PARKING REGULATIONS DATE: MAY 22, 2019
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BACKGROUND (continued):
• Should charging for valet parking be expanded beyond the parking assessment district
area?
DISCUSSION:
Section 29.10.145 (g) of the Town Code contains regulations regarding valet parking
(Attachment 1).
Additionally, Section 29.20.745 (4) of the Town Code designates the DRC as the deciding body
for Valet Parking applications.
These regulations require Valet Parking applications to be approved by the DRC and don’t allow
charging for valet parking outside of the parking assessment district area. The Valet Parking
application fee is a $1,000.00 deposit used to cover the actual cost of processing the application
and DRC approval which typically takes between two and four months. The cost and processing
time for a Valet Parking application could be eliminated if Section 29.10.145 (g) and Section
29.20.745 (4) were amended.
Staff has prepared potential Town Code amendments (Attachment 2) for the Policy
Committee’s consideration. These amendments would allow the Community Development
Director to approve Valet parking applications and allow charging for valet parking outside of
the parking assessment district area. The potential amendments, are shown in strike-through
and underline font in Attachment 2.
This meeting will allow for a conversation between staff and the Policy Committee. Staff will be
prepared to walk through this matter and answer questions.
Staff is interested in the Policy Committee’s discussion and direction on the potential valet
parking regulation modifications.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
Attachments:
1. Excerpt from the Town Code regarding Valet Parking
2. Potential Town Code Amendments
Excerpts from Los Gatos Town Code
Chapter 29
Sec. 29.10.145. - Requirements Generally
…..
(g)Commercial operation of parking spaces.
(1) All privately owned off-street parking spaces required to be provided by this division, or
required by the administrative approval authorized by this chapter, shall be operated
without charge to the users thereof. No privately owned parking lot which contains such
spaces shall be operated commercially or under a validation system whereby parkers
patronizing business for which the spaces are provided are admitted to the lot free of
charge or at reduced charges and other parkers are charged a fee, and the admission of
vehicles to such lots shall not be restricted by gates or other physical means during periods
when the use or uses for which the spaces are required are in operation. The provisions of
this section shall not be deemed to prohibit the posting of signs at entrances to such
parking lots identifying the businesses or uses for whose benefits the lots are operated,
prohibiting other parking under threat, and enforcing such prohibitions.
(2) Notwithstanding subsection (1) above, a parking lot located within a the Town parking
assessment district may be operated with a charge for its use under the following
circumstances if the Town has instituted and continues to maintain a charge for use of
Town owned or operated parking lots in the district:
a.A charge is made for use of the private parking lot that does not exceed the highest
hourly rate charged by the town for use of its lots. Such a charge may include a
validation system whereby parkers are admitted to the lot free of charge or at reduced
charges if certain businesses are patronized and may also include restriction by gates or
other physical means; or
b.Use of valet parking, so long as the parking lot is usable at all times during which the
parking spaces are in operation as required by this chapter, and the use of the valet
parking has been approved by the Development Review Committee Community
Development Director pursuant to a Parking Lot Permit; or
c.A combination of a charge and valet system.
(3) Notwithstanding subsection (1) above, a private parking lot, or sections of a private parking
lot located within a the Town parking assessment district may be operated as a valet
parking lot under the following circumstances:
a.The valet parking may be provided with or without charge to the public; and
b.The valet parking lot service adheres to and maintains all fire codes and emergency
access standards; and
EXHIBIT 6
c. The valet parking lot service shall not impair the safe and efficient use of existing
adjacent non-valet parking; and
d. The private valet parking lot is approved by the Development Review Committee
Community Development Director pursuant to a parking lot Valet Parking Permit. The
Development Review Committee Community Development Director shall have the
discretion to deny the parking lot Valet Parking permit application if any criteria set
forth above and/or any other rules and regulations adopted by the Town Council cannot
be met and shall have the ability to revoke the parking lot Valet Parking Permit for valet
parking with a minimum of ten (10) days notice.
…..
Sec. 29.20.745. - Development Review Committee.
The Development Review Committee shall:
…..
(4) Review and make recommendations on parking lot permits under section 29.10.155(l)
including reconfiguration or trade-off of zoning requirements under other sections of
this chapter, and under section 29.10.145(g) on use of valet parking for parking lots
within a town parking assessment district. The development review committee has the
authority to make final determinations for approval and revocation of parking lot
permits for valet parking.
…..