Item 2 - Exhibit 11 - Draft Modifications to Chapter IX, Project Review & Approval Process, of the HDS>OWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Page 63
IX.PROJECT REVIEW AND APPROVAL
PROCESS
A.Architecture and Site Approval
Architecture and site approval is required for all new construction including major additions and
remodels in all areas of the Town shown on the Hillside Area Map on page 8. A subdivision or
Planned Development application is required for any proposed land division.
The flow chart on page 66 outlines the steps an application for architecture and site approval
will go through. The process begins with a preapplication meeting with the Community
Development Department. It is highly recommended that applicants considering the design of
a new home or remodel of an existing home take advantage of the preapplication meeting to
discuss their ideas with Town staff before any plans are actually drawn and money and time
are expended on a project that may not be entirely feasible.
An application for architecture and site approval or subdivision shall be accompanied by a
written letter of justification that describes how the proposed project complies with the General
Plan, Hillside Specific Plan and the Hillside Development Standards and Guidelines.
B.Project Approval Authority
Projects may be approved by the Planning Commission, Development Review Committee (DRC),
or Director of Community Development (Director) depending on a project’s potential impact on
surrounding properties and the overall community.
The Planning Commission is the decision making body for projects that have the greatest
potential impact, while the DRC and Director make decisions on projects with less impact, as
described in Subsections D, E, and F 1, 2, and 3 below. For projects that fall within the
Planning Commission’s decision making authority, the DRC shall first review the project and
provide its recommendation to the Commission.
EXHIBIT 11
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Page 64
The subdivision and architecture and site approval processes are discretionary actions on the
part of all decision making bodies. When reviewing projects, the decision making body may:
(1) approve a project without imposing extra or special conditions;
(2) approve a project and add special conditions to reduce the impact(s) of the project to an
acceptable level and/or achieve compliance with these standards and guidelines; or
(3) deny the project by stating specific reasons for its action.
The Director of Community Development may refer an application to the Planning Commission.
The decisions of the Planning Commission, DRC, and Director are final unless appealed.
Decisions of the Director and DRC may be appealed to the Planning Commission and decisions
of the Planning Commission may be appealed to the Town Council. Appeal procedures are
outlined in the Town’s Zoning Regulations.
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Page 65
Architecture and Site Review Process
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Page 66
1. Projects That May be Approved by the Director of Community
Development
The Director has the authority to review and approve the following types of projects provided
they comply with all development standards and guidelines:
a. Accessory dwelling units pursuant to Section 29.10.320 of the Town Code.
b. Accessory structures buildings not requiring a conditional use permit that have a
combined gross floor area greater than 450, but less than 600 square feet may be
approved with a Minor Residential Application pursuant to Section 29.20.480 of the
Town Code.
c. Swimming pools that do not require a grading permit.
2. Projects That May be Approved by the Development Review
Committee
The Development Review Committee (DRC) has the authority to review and approve the
following types of projects provided they comply with all development standards and guidelines:
a. New houses that do not exceed 5,000 square feet in gross floor area meet the allowable
floor area ratio and that are not visible from any established viewing platform area.
b. Additions over 800 square feet or greater than 20% of existing floor area provided that
the house size will not exceed 5,000 square feet with the addition(s).
c. Accessory structures buildings, except those requiring a conditional use permit that have
a combined gross floor area of 600 square feet or more but do not exceed 1,000 square
feet in combined gross floor area.
d. Swimming pools and game courts requiring a grading permit and/or retaining walls.
e. Grading permits.
TOWN OF LOS GATOS
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Page 67
3. Projects That Require Planning Commission Approval
The Planning Commission has the authority to approve all architecture and site projects that do
not fall within the authority of the DRC or Director and any projects referred to it by the DRC or
Director. The Planning Commission shall be the review authority for any residential project
greater than 5,000 square feet in gross floor area. The Planning Commission approves
standard subdivisions and makes recommendations to the Town Council on Planned
Development applications.
C. Application Period of Validity
An approved architecture and site application shall be valid for a the period of time specified in
the Town’s Zoning Regulations.
D. Subsequent Applications
Following approval of the original architecture and site review application, no subsequent
applications for architecture and site approval shall be filed for the same property for a period
of three years following final inspection and issuance of an occupancy permit.
E. Required findings
In addition to the considerations for architecture and site approval provided in the Town’s
Zoning Regulations, the decision making body shall also find that the proposed project meets or
exceeds the objectives and requirements of the Hillside Development Standards and Guidelines
and shall provide supportive evidence to justify making such findings.
F. Exceptions
Exceptions from the standards in this document may only be granted after carefully considering
the constraints of the site. Any deviation from the standards contained in this document shall
include the rationale and evidence to support the deviation. The burden of proof shall be on
the applicant to show that there are compelling reasons for granting the requested deviation.
Major exceptions may only be granted by the Town Council or Planning Commission. Major
exceptions include the following:
a. building height
b. maximum floor area
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