Item 3 - Exhibit 09 - Draft Resolution to Rescind Reso 2005-038RESOLUTION 2019-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO RESCIND RESOLUTION 2005-038: RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF LOS GATOS ADOPTING A POLICY ON
MINOR ALTERATIONS TO COMMERCIAL BUILDINGS
WHEREAS, the Town Council is responsible for establishing municipal policies that provide
clear direction for process and procedures by which the Council and staff shall conduct business
and activities; and
WHEREAS, examples of these policies include the Town Code, Town Council Policies,
General Plan, Design Guidelines, and Area Plans; and
WHEREAS, the many benefits of having established policies includes greater consistency as
well as more government transparency and accessibility by the public, the Council, and staff; and
WHEREAS, on April 18, 2005, the Town Council of Los Gatos an adopted Resolution 2005-
038 – adopting a policy on minor alterations to commercial buildings; and
WHEREAS, the Town of Los Gatos Town Council has an adopted strategic priority to
streamline Land Use and Economic Vitality policies; and
WHEREAS, on March 5, 2019, the Town Council adopted Resolution 2019-009 approving a
temporary nine-month suspension of Town Code Section 29.20.745 providing businesses and
commercial property owners an opportunity to make minor exterior modifications to their store
fronts and buildings at the building permit level to create more opportunities to attract and retain
businesses in Los Gatos; and
WHEREAS, on October 1, 2019, the Town Council reviewed the result of the temporary
suspension of Town Code Sections and voted to memorialize the streamlining effort through
modification of the Town Code; and
Draft Resolution to
be modified by Town
Council deliberations
and direction.
EXHIBIT 9
WHEREAS, Resolution 2005-038 – adopting a policy on minor alterations to commercial
buildings has been deemed obsolete, redundant, and/or incorporated into Town Code.
NOW, THEREFORE, BE IT RESOLVED THAT, the Town Council of the Town of Los Gatos
does hereby rescind Resolution 2005-038 (Resolution of the Town Council of the Town of Los
Gatos Adopting a Policy on Minor Alterations to Commercial Buildings) attached hereto as
Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the ____ day of ________, 2020 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\2020\Rescind Reso 2005-038.docx
RESOLUTION 2005 - 038
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING A POLICY ON
MINOR ALTERATIONS TO COMMERCIAL BUILDINGS
WHEREAS, the Town of Los Gatos is updating its commercial development standards and
guidelines, and
WHEREAS, the Zoning Ordinance allows approval of minor projects by the Development
Review Committee (DRC); and
WHEREAS, there is no definition of a minor project; and
WHEREAS, adoption of a policy defining minor projects will help provide clear direction
to developers and business owners processing development applications (General Plan Goal L.G.7.2
and Implementing Strategy L.I.7.4) and will assist staff, and
WHEREAS, the General Plan Committee recommends that the policy on Minor Alterations
to Commercial Buildings be adopted; and
WHEREAS, the Planning Commission has held a public hearing and forwarded a
recommendation for adoption of the same document;
THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS
does hereby adopt the policy on Minor Alterations to Commercial Buildings (attached as Exhibit A).
FURTHER RESOLVED, the policy shall apply to all development applications that have
not been approved prior to adoption of the document.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 18 day of April,
2005, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mayor Mike Wasserman
NAYS: Barbara Spector
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Minor Alterations to Commercial Buildings Enabling Action:
2005 -
Page 1 of 2
Approved: Effective
Date:
Mike Wasserman, Mayor
PURPOSE
Section 29.20.745(8) of the Zoning Ordinance states that the Development Review Committee
DRC) shall "determine and issue zoning approval for minor exterior alterations to commercial
buildings ". The purpose of this policy is to define "minor exterior alterations" to commercial
buildings that may be approved by the DRC as set forth in Section 29.20.745(8) of the Zoning
Ordinance. To assist in the redevelopment of commercial buildings, the Town has created a
streamlined review process for minor commercial improvement projects that comply with the
Commercial Design Guidelines.
The following shall be used by staff when reviewing plans for minor exterior alterations to
commercial buildings to determine if proposed proj ects can take advantage of the streamlined review
process.
EXAMPLES OF MINOR ARCHITECTURAL IMPROVEMENTS:
The following are examples of minor architectural improvements that may be decided by the
Development Review Committee (DRC) after considering public input at a duly noticed public
hearing:
1. Replacing or changing out windows
2. Replacing or adding awnings
3. Changes to or addition of arcades
4. Replacement of or changes to exterior materials
5. Small scale additions (may not result in an increase of more than four peak hour trips)
C:ADocuments and SettingsWries \Local Settings \Temp \MinorConnn- 6nal.wpd REVISED ;' J Wary
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Town Council Policy
Minor Alterations to Commercial Buildings
Page 2 of 2
DEFINITION:
For projects that include small scale additions, a minor commercial project is one which is in full
compliance with the Town's Commercial Design Guidelines and Town Code and does not result in
an intensification of use as described in Section 29.30.200 of the Zoning Ordinance or more than a
minor increase in traffic as described in the Town's Traffic Impact Policy.
The Director of Community Development or the Development Review Committee may refer any
minor commercial project to the Planning Commission if it is not in compliance with the
Commercial Design Guidelines, there are impacts to surrounding properties that cannot be resolved
by the DRC, or as otherwise deemed appropriate.
CADocuments and SeltingsWriesTocal Settings \Temp\MinorComm- final.wpd REVISED ? Jailil*
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