15 Staff Report - Amending Sections of Town Code~pW N 0
COUNCIL AGENDA REPORT
MEETING DATE: 4/17/06
ITEM NO.
DATE: April 13, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDER AMENDING THE FOLLOWING SECTIONS OF THE TOWN
CODE:
•
REFERENCES TO PLANNING DIRECTOR
•
REQUIREMENTS FOR CERTIFICATES OF USE AND
OCCUPANCY/SECOND DWELLING UNITS/APPEALS FROM
DECISIONS OF THE PLANNING DIRECTOR
•
PARKING EXEMPTION CLARIFICATION FOR HISTORIC
DISTRICTS AND PARKING LOT AND DIMENSION
MODIFICATIONS TO MEET NATIONAL POLLUTION DISCHARGE
ELEV11NATION SYSTEM REQUIREMENTS
•
MINOR RESIDENTIAL DEVELOPMENT APPLICATION
PROCEDURES AND APPROVALS REQUIRED FOR
ARCHITECTURE AND SITE APPLICATION
•
PROJECTIONS ALLOWED INTO YARDS, CONVERT TOWN
POLICIES INTO TOWN CODE, REQUIREMENTS RELATING TO
DETACHED ACCESSORY STRUCTURE EXEMPTIONS, AND
DETACHED GARAGE EXEMPTION
•
TITLE CLARIFICATION AND HEIGHT EXCEPTION FOR WIRELESS
TELECOMMUNICATION FACILITIES
•
SALVAGING/RECYCLING REQUIREMENTS FOR DEMOLITIONS
•
APPEAL WITHDRAWALS, NOTICING PROCEDURES FOR MINOR
RESIDENTIAL PROJECTS, AND CLARIFICATION OF APPEAL FEES
•
CONDITIONAL USE PERMIT REQUIREMENT FOR NEW OFFICE
BUILDINGS AND FINDINGS FOR DENIAL
•
CONVERT TOWN POLICIES INTO TOWN CODE REQUIREMENTS
RELATING TO DEFINITIONS OF ATTIC/CELLAR/BASEMENT
(Continued on Page 2)
L
PREPARED BY: BUD
N. LOR
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: S~Assistant Town Manager ttorney Clerk Department
Finance Community Development Revised: 4/13/06 2:55 pm
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 14, 2006
r -
I
AND GRAMMAR CORRECTIONS.
IT HAS BEEN DETERMINED THAT THIS PROJECT COULD NOT HAVE
A SIGNIFICANT IMPACT ON THE ENVIRONMENT; THEREFORE, THE
PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (SECTION 15061(b)(3)). APPLICATION: A-06-1 THROUGH
11. APPLICANT: TOWN OF LOS GATOS.
RECOMMENDATION:
1. Open and hold the public hearing.
2. Close the public hearing.
3. Accept report in the form of meeting minutes from the Planning Commission regarding the
Town Code amendments. (Attachment 3) (MOTION REQUIRED)
4. Direct the Clerk Administrator to read the title of the ordinance. (NO MOTION REQUIRED)
5. Move to waive the reading of the ordinance. (MOTION REQUIRED)
6. Make the required finding that the proposed Town Code amendments are consistent with the
General Plan and its Elements. (Attachment 1) (MOTION REQUIRED)
7. Introduce the ordinance to effectuate the Town Code amendments. (MOTION REQUIRED)
8. Direct the Clerk Administrator to publish the ordinance within 15 days after adoption.
(NO MOTION REQUIRED)
BACKGROUND:
Staff has been maintaining a list of potential Town Code amendments for items that require
clarification and sections of the Code which are ambiguous and need further clarification. Staff has
divided the list into two broad categories: amendments that are administrative in nature (i.e.
administrative, policy conversion, and spelling and grammar); and more complicated amendments
that may need extensive explanation and discussion. These more complicated amendments will be
forwarded to the General Plan Committee (GPC) later this year. Staff prepared proposed
amendments for the first group of amendments for the GPC to discuss.
It should be noted that A-06-9 is not administrative in nature, but rather a more substantive change
to require a Conditional Use Permit for new office buildings in the C-1, C-2, and CH zoning
districts. This amendment was grouped with the other more administrative amendments because the
Council, at their January 2005 retreat, requested that staff expedite this amendment. Information
regarding this amendment is located on Page 22 of this report.
The proposed Town Code amendments are consistent with the General Plan. The GPC discussed
these proposed amendments at their meetings on June 22, 2005 and September 28, 2005. After
extensive discussion, the GPC forwarded these proposed amendments to the Planning Commission
with a recommendation for approval.
PAGE 3
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission considered this matter on January 11, 2006 and continued the matter at
staff's request to allow the Town Attorney time to complete his legal review of the subject and
several other proposed amendments. This review has been completed with no comments. The
Commission had also requested additional information concerning noticing requirements. On
February 8, 2006, the Commission considered this matter and recommended approval of A-06-1
through A-06-7 and A-06-9 through A-06-11 to the Town Council and continued A-06-8 at staff's
request to allow staff time to further refine the amendment and to provide a comparison between the
existing and proposed noticing requirements for Minor Residential Development Applications, as
requested by the Commission. On February 22, 2006, the Commission considered A-06-8 and
recommended approval of this amendment. A copy of the excerpts of the Planning Commission
minutes for the above referenced meetings are included as Attachment 3. It should be noted that the
above referenced meetings were not transcribed because there was minimal input on these items
from the Commission and the public.
The Commission's decisions to recommend approval of the Town Code amendments were based
on the conclusion by the Commission that the proposed amendments are consistent with the General
Plan and its Elements.
GENERAL PLAN
The proposed Town Code amendment are consistent with the General Plan and its Elements.
ENVIRONMENTAL ASSESSMENT:
It has been determined that this project could not have a significant impact on the environment,
therefore, the project is not subject to the California Environmental Quality Act (Section 15061
(b)(3)), no further action is required.
FISCAL IMPACT:
None.
DISCUSSION:
Each proposed amendment to the Code is on a separate page of this report for easier reading. Please
note that the new wording is in bold italics and words to be deleted have been struck out.
PAGE 4
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-1
References to Planning Director
References to Planning Director - When the Town Code was adopted, the Town had a Planning
Director which is referenced throughout the entire code. Subsequently, the title changed to Director
of Community Development. To avoid major changes to the entire Town Code, the following
amendment is recommended to clarify that the Planning Director and the Director of Community
Development are the same Director.
Sec. 20.10.020. References to Planning Director in the Code.
All references in this Code to "Planning Director" are intended to refer to the Director of
Community Development.
PAGE 5
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-2
Requirements for Certificates
of Use and Occupancy/Second Dwelling Units/Appeals
From Decisions of the Planning Director
Certificates of Use and Occupancy - Currently the Town Code requires Certificates of Use and
Occupancy for any activity that requires Architecture and Site approval and a Second Dwelling Unit
application. Since the Building Division requires a Final Occupancy Clearance for residential
developments, which all departments must sign off, and due to the large number of applications the
Town receives for residential developments, it is recommended that Certificates of Use and
Occupancy not be required for single family, two family and secondary dwelling units. This would
streamline the process and save the Town and applicants considerable time and money.
Sec. 29.20.060. Certificate of use and occupancy.
A certificate of use and occupancy is required:
(1) Before occupancy of any new building or commencement of any activity when
architecture and site approval or a conditional use permit is required for either (excluding
single family, two family or second dwelling units).
(2) Before any change of occupancy of land or buildings other than a change in residents of
a dwelling or proprietors of a continuing business enterprise.
Second Dwelling Units - Most of the proposed Code amendments for second dwelling units will
clarify and revise code sections that are affected by State Law. The amendments will provide
consistency within the Town Code and will better integrate the requirements between new second
dwelling units and the legalization of existing units. References to the specific deciding body (ie,
Planning Commission) has been modified to read "deciding body", since the duties section of the
Town Code clearly defines who is the deciding body for all development applications. Additionally,
final inspection was added to reflect the term used by the Building Division.
Sec. 29.10.320. New second dwelling units.
(b) Design and development standards.
(8) Parking. In addition to parking otherwise required for second units as set forth in section
29.10.150 of the Town Code, the number of off-street parking spaces required by this
chapter for the primary unit shall be provided prior to the issuance of a
and building permit or final inspection,, for the new second dwelling
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MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
unit. In addition to the number of spaces as set forth in this section, additional spaces may
be required if the following findings are made:
a. Additional parking is directly related to the use of the second unit.
b. Additional parking is consistent with existing neighborhood standards applicable to
existing dwellings.
(12) Expansion of unit. Reqt=sts for expansion of a second dwelling tinit shaif be subject to
thirty (30) square feet.
{}3) Denial. An application may be denied if it does not meet the design and development
standards. An application may also be denied if the following findings are made:
a. Acknowledgment of limiting the housing opportunities in the region.
b. Adverse impacts on health, safety and/or welfare of the public.
Sec. 29.10.330. Elimination and/or demolition of existing second units.
In order to eliminate and/or demolish, without replacement, an approved second unit, the
Pfanning deciding body shall make the finding that the proposed remeva}
elimination and/or demolition, without replacement, is consistent with the Town's Housing
Element of the General Plan. In order to eliminate and/or demolish an existing second unit
(whether or not it will be replaced), the deciding body must make the
demolition findings pursuant to section 29.10.09030.
Sec. 29.10.335 Expansion of existing or nonconforming second dwelling units.
For the purposes of this section only, expansion of a second dwelling unit is defined as
increasing the number of bedrooms or adding floor area in excess of thirty (30) square feet.
Requests for expansion of any nonconforming second dwelling unit shall be subject to the
same requirements as a new second dwelling unit. If the secondary dwelling unit(s) is located
on a nonconforming lot, no expansion, as defined by this section, is permitted.
Appeals From Decisions of the Planning Director - Two amendments are proposed for the appeal
section. Pursuant to State Law, if all the requirements are met for a second dwelling unit, the
application must be approved and this approval cannot be appealed. Therefore, the Town Code must
be amended to correctly reflect State requirements. The approval of a building permit cannot be
appealed since it is a ministerial action and is not approved by the Planning Director. Therefore, the
Code must be amended to eliminate allowing appeals for an action taken for a building permit.
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MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Sec. 29.20.255. Appeals from the decision by the Planning Director.
Any interested person may appeal to the Planning Commission from a decision of the
Planning Director:
(1) Determining an application for a building , for a horse permit, for an amateur horse
event or animal permit, for a home occupation permit, for a tree removal permit, for a
sign permit, permit, for a secondary dwelling unit or denying a certificate of use and
occupancy on the ground that the use is not allowed in the zone.
(2) Granting or denying an extension of time related to one (1) of the foregoing transactions.
(3) Revoking or modifying one (1) of the foregoing approval of permits.
(4) Determination of an unlawful demolition and/or the penalty and the cost assessment for
the unlawful demolition.
PAGE 8
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-3
Parking Exemption Clarification for Historic Districts
and Parking Lot and Dimension Modifications to Meet
National Pollution Discharge Elimination System
Requirements (NPDES)
Exemptions to Parking Requirements - An amendment is proposed to clarify when a parking
exemption may be granted. The current wording implies that the exemption is only permitted for
historic properties. This is not correct since nonhistoric properties are eligible to meet this
exemption. Therefore, the word "and" is proposed to be changed to "or" after the first exemption
finding. New wording is also proposed to be added to the historic finding to clarify what is historic.
In addition, it is recommended that Section 2 be eliminated regarding suitable environment. This
section has been difficult to interpret since there is no definition of "adequate floor area for suitable
living environment."
Section 29.10.150. Number of off-street spaces required.
(h) Exemptions. Compliance with subsection (c)(1) is not required if the deciding body makes
the following findings:
(1) If the site and/or structures on the site are subject to historic preservation pursuant to
Division 3 of Article VIII of this Code and tThe Historic Preservation Committee
determines that the enforcement of subsection (g) will impact the historic character of the
site and/or structures on the site;-arid or
(2) The addition is determined necessary to provide adeqtiafe floor area for a suitable living
arld
(The lot does not have adequate area to provide parking as required by subsection (c)(1).
This finding is not required if subsection (h)(1) is made.
If the deciding body makes the findings set forth in subsections (h)(1), (2) and (3) above,
parking shall be provided to the maximum extent possible.
NPDES Requirements- Several amendments are proposed to this section to meet new NPDES
requirements. These new requirements are intended to reduce the amount of impervious surface and
to minimize potential water quality impacts of land development. The amendments will meet Land
Use Implementation Strategy L18.4 of the General Plan, which states that revisions be made to the
Town Code to limit impervious surfaces and to provide alternative materials and designs for
driveways and parking areas. The reductions in driveway widths are currently being implemented
for two family residential developments and second dwelling units, but it is not clearly defined in
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MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
the Town Code how these types of units should be treated. An amendment is proposed regarding
the widths of driveways for residential properties that contain more than one unit, which is not
classified as a multi-family development. This amendment is to clarify what is currently permitted
and allows consistency for driveway widths in residential neighborhoods.
The proposed reductions in driveway lengths are currently being approved through the Planned
Development process for residential developments and is recommended to be allowed for all
residential developments. The amendment relating to backup requirements for garages facing an
alley, is currently allowed by Code. The proposed amendments will clarify what is permitted along
alleyways.
An amendment is also proposed to reduce the height of the continuous curb required for landscape
strips/wheel stops. The spoiler of a low clearance vehicle, such as a Porsche, will scrape on a 6"
curb which will damage the spoiler and the curb. Therefore, it is recommended that the height of
this curb be reduced to 4".
Sec 29.10.155. Development Standards
(c) Driveways. Off-street parking lots and parking garages must be connected to streets
or alleys by driveways which comply with the following requirements:
(1) Driveways which serve not more than two (2) parking spaces shall be at least ten (10)
feet wide if they provide either ingress or egress only, and not less than eighteen (18)
feet wide if they provide both ingress and egress. The Planning Director may
authorize a reduction in width of two-way driveways if the Planning Director finds
that conditions make the eighteen-foot requirement impractical.
(2) Driveways which serve more than two (2) and not more than ten (10) parking spaces
shall be at least ten (10) feet wide if they provide either ingress or egress only, and
not less than eighteen (18) feet wide if they provide both ingress and egress. The
Planning Director may authorize a reduction in width of two-way driveways for
single family residential parcels with a secondary dwelling unit(s) and two family
residential parcels if the Planning Director finds that conditions make the
eighteen foot requirement impractical.
(7) When a garage, with a sliding or overhead roll-up door, unenclosed parking space,
or carport opens onto a street (excluding alleys) the length of the driveway shall not be less than
twenty-five eighteen (18) feet. The length of all other driveways shall not be less than 25
feet. For a driveway that opens onto an alley, the width of the alley can be used for
calculating the length of a driveway.
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MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
(e) Surfacing.
(1) All outdoor off-street parking spaces, driveways and maneuvering areas shall be
paved with a compacted base not less than four (4) inches thick, surfaced with
asphaltic concrete or Portland cement concrete pavement or other surfacing (e.g.:
permeable paving materials, interlocking pavers and ribbon strip driveways)
approved by the Town Engineer. The paved area shall be provided with drainage
facilities subject to the approval of the Town Engineer, adequate to dispose of all
accumulated surface water. Special surfaces may be allowed by the Development
Review Committee if the following conditions apply:
a. Special surfaces for nurseries or botanical gardens consisting of decomposed
granite, crushed aggregate (gravel) or similar granular material may be allowed
to continue under the following circumstances:
b. The nursery or botanical garden must have lawfully been inexistence since 1977.
c. The intent of the special surface is to moderate the reflective heat from the sun
in order to protect the surrounding nursery stock and minimize the storm water
runoff.
1. The condition of the surface is maintained such that neither dust becomes a
nuisance, mud is not tracked onto any public street nor sidewalk; or gravel is
not deposited on any public street or sidewalk.
2. The surface will not be detrimental to the public health, safety, convenience
and general welfare.
3. The surface is approved for use by the Town Engineer.
4. The parking area shall not be used for storage or display and shall be available
for use as a parking lot at all times.
5. That the area designated for parking shall be of sufficient size and dimensions so
as to satisfy the required number of parking spaces, back-up area and
maneuvering area for the current and proposed use as set forth in this chapter.
(2) Special paving may be required within the dripline of existing trees subject to the
recommendation of the Planning Director o Parks, Forestry and Maintenance
Services.
PAGE 11
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
(g) Screening and landscaping. Parking lots and spaces shall be screened and landscaped
as follows:
(3) All landscaped areas shall be completely enclosed by a six four-inch continuous
concrete curb. At any point where a curb around a landscaped area serves as a wheel
stop, a vehicle overhang allowance of two (2) feet including the width of the curb
shall be added to the landscaped area.
(h) Curbs, wheel stops and markings. Curbs, wheel stops and markings for parking lots
and spaces shall be provided as follows:
(1) Except for spaces which serve single- or two-family dwellings, all off-street parking
spaces shall have wheel stops. Wheel stops must be continuous curbing and shall not
be separate blocks. A continuous concrete curb may be permitted with breaks in
the curb to allow for drainage to meet Best Management Practices methods for
National Pollutant Discharge Elimination System (NPDES) requirements.
(2) Opposing ranks of parking stalls shall be separated by a raised curbed island. Breaks
in the curb may be permitted to allow for drainage to meet Best Management
Practices methods for NPDES requirements.
(3) All off-street parking areas shall be provided with entrance, exit and traffic flow
markings so arranged and marked as to provide for orderly and safe parking of
automobiles, subject to the approval of the Town Engineer.
(1) Determination. Applications for permits for parking lot improvements shall be
determined by the Director of Building and EngineeTing Services s&bjeet to approvaf of
Planning Director. When compliance with State disabled-accessibility statutes and regulations
will result in a reduction in the number of spaces remaining in the parking lot below the number
required by this chapter, the application shall be determined by the Development Review
Committee through the building permitprocess.
PAGE 12
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-4
Minor Residential Development Application Procedures
and Approvals Required for Architecture and Site Application
Minor Residential Development Applications - The following amendments are proposed to reflect
the current procedures staff is using for Minor Residential Development applications which require
additional neighborhood notification for projects. For section (g), the words "in residential zones"
are proposed to be deleted, since the application is for residential projects, and therefore the reference
to residential zones is redundant.
Sec. 29.20.480. Administrative procedure for minor residential projects.
(2) In addition to the projects identified in subsections 29.20.745(12) and (15), the
following projects will be considered under this administrative procedure.
(a) New second-story additions to single and two-family dwellings.
(b) Additions to an existing second story where the additional area will exceed 100
square feet.
(c) Reconstruction to a portion of a single or two-family dwelling or an accessory
structure with a nonconforming setback.
(d) Accessory structures exceeding a combined square footage of 450 square feet.
(e) Additions to accessory structures resulting in the structures!. containing a combined
square footage more than 450 square feet.
(f) Request to reduce side and rear yard setback requirements for accessory buildings
structures.
(g) Sport court lighting and/or fencing over six (6) feet high enclosing court game areas
in residential zones.
Architecture and Site Applications - Amendments are proposed to incorporate the requirements
identified in the adopted Hillside Development Standards and Guidelines and the upcoming
Residential Design Guidelines. Currently minor exterior alterations are not required to have
Architecture and Site approval. To clarify this, it is recommended that an exception for minor
exterior changes be included in the Town Code. The definition of "minor exterior changes" will be
addressed in the Residential Design Guidelines.
PAGE 13
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Sec. 29.20.145. Approval required.
Architecture and site approval is required in all zones for the following:
(1) New construction of any principal building;
(2) An exterior alteration that changes the architectural style of a single family and
two family residence.
(23) Any;Eexterior'alteration or addition to a building (other than - -
excluding:
(a) Alterations or additions to a single and two family dwelling that do not require
approval by the Planning Commission or Development Review Committee
pursuant to the Residential Design Guidelines or the Hillside Development
Standards and Guidelines,
(b) Minor exterior alterations to commercial and multifamily buildings.
(34) Intensification of land use. For the.purposes of this section only, intensification
of land use means all changes in use which require more parking and/or
results in an increase in peak hour trips for mixed use, multi tenant
commercial, industrial or multifamily development projects if the trips exceed
the traffic generation factor assigned to the project at the time of approval
andlor an increase of five (5) or more peak hour trips;
(45) Residence conversions;
(-56) Any development in a floodplain as required by article IX of this chapter;
and as otherwise specified in this article. For the purposes of this section only,
intensificati
land use means all changes in use which requir.. nut, yUkr*ding anWor results in an increase in
peak hour trips for n-dxed use, nmiti tenant cormnerciai or industriai or m-altifarnify developm
p-rojects if the trips exceed the traffic generation factor assigned to the project at the time of
approvai anWor an increase of five (5) or more peak hour trips.
PAGE 14
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-5
Projections Allowed Into Yards, Convert Town Policies
into Town Code Requirements Relating to
Detached Accessory Structure Exemptions,
and Detached Garage Exemption
Projections Allowed Into Yards - The following amendments are intended to modify the porte
cochere requirements to be consistent with Uniform Building Code requirements by changing the
minimum setback requirement from 2 feet to 3 feet from the side property line and to allow decks
that are 12 inches or less to extend to the property line in the side and rear yards. These
modifications will have minimal impact on the intent of the sections proposed to be amended and
will not create an unreasonable privacy impact for adjoining properties.
Sec. 29.40.070. Projections allowed into yards.
(a) A porte cochere may be permitted over a driveway in a side yard, provided that it is
not more than one (1) story high and twenty-four (24) feet long, and with supporting columns
not closer than two a minimum of three (23) feet from the side lot line with a maximum eave
length of twelve (12) inches, and is entirely open on at least three (3) sides, except for the
necessary supporting columns and customary architectural features.
(b) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys or other similar
architectural features may extend or project into a required side yard not more than twenty-four
(24) inches and may extend or project into a required front or rear yard not more than thirty (30)
inches.
(c) Open, unenclosed stairways, or landing places, not covered by a roof or canopy, may
extend or project into a required rear yard not more than four (4) feet.
(d) Open, unenclosed porches or decks, not covered by a roof or canopy, less than one
(1) foot above grade, may project into side or rear yards.
(d e) Open, unenclosed porches, not covered by a roof or canopy, less than four (4) feet
above grade may project into front, side or rear yards or into any court up to six (6) feet; but in
no case shall the projection into a side yard be closer than six (6) feet to the property line or into
a court exceed a distance of more than twenty (20) percent of the width of such court.
(ef f) Open, unenclosed balconies, not covered by a roof or canopy may project into a front
or rear yard up to six (6) feet.
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MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Sec. 29.50.055. Projections allowed into yards.
(a) A porte cochere may be permitted over a driveway in a side yard, provided that it is
not more than one (1) story high and twenty-four (24) feet long, and with supporting columns
not eloser than twer a minimum of three (23) feet from the side lot line, with a maximum eave
length of twelve (12) inches, and is entirely open on at least three (3) sides, except for the
necessary supporting columns and customary architectural features.
(b) Cornices, eaves, belt courses, sills, canopies, baywindows, chimneys or other similar
architectural features may extend or project into a required side yard not more than twenty-four
(24) inches and may extend or project into a required front or rear yard not more than thirty (30)
inches.
(c) Open, unenclosed stairways, or landing places, not covered by a roof or canopy, may
extend or project into a required rear yard not more than four (4) feet.
Convert Town Policies into Town Code Requirements Relating to Detached Accessory
Structure Exemptions, and Detached Garage Exemption -
The proposed amendments include:
• the term "buildings" was changed to "structures" to be consistent with other sections of
the Town Code;
• deleting the term accessory living quarters since this use was deleted by a previous
amendment in 2002 and there is no definition for this use;
• allowing one detached accessory structure less than 120 square feet in area in the
required side or rear yard without any zoning approvals since a building permit is not
required for this size of a structure; and
• allow side yard setbacks to be reduced to five feet for detached garages without obtaining
approval of a Minor Residential Project.
This last amendment will significantly streamline applications for detached garages which will save
time and money for the Town and the applicant. Due to the required dimensions for garages,
detached garages typically extend outside of the required rear yard setback. Consequently, this
requires the side setback of the detached garage to range from eight to 20 feet for most residential
properties (See Attachment 4), occupying a substantial portion of the useable back yard area, unless
the applicant wishes to file for a Minor Residential Development Application. Currently, this is a
hardship for the applicant no matter which alternative is chosen.
Sec. 29.40.015. Accessory buildings structures.
In residential zones (defined by Ssection 29.40.010), accessory borings structures
(excluding horse barns and shelters), located on the same site with a permitted use, including
private garages and carports, studios for private use, garden structures, greenhouses, hobby
PAGE 16
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
shops, recreation rooms and free-standing patio covers are allowed if such accessory buildings
structures:
A. (1) Are not over fifteen (15) feet high and are no more than one (1) story. Lofts which
do not have sufficient headroom for occupancy are permitted for storage use only.
(2) Are not in a required front or side yard.
(3) Are at least five (5) feet from any other structure located on the same lot.
(4) Are at least five (5) feet from any property line, except in the R-M zone where no
setback is required by this subsection (4).
(5) Do not occupy more than fifteen (15) percent of the lot, to be calculated exclusive of
the required building setbacks. Any accessory structure in excess of four hundred
fifty (450) square feet requires the approval of the Planning Director.
(6) When located on a reversed corner lot, do not project beyond the front yard line
required on the lot in the rear of such lot.
(7) Breezeways may be used to provide shelter between buildings.
Accessory structures may have plumbing installed providing the fixtures may be served
by a two-inch diameter building drain. Building drains in excess of two (2) inches may
be approved by the Planning Director upon good cause shown.
B. Exceptions.
(1) In the R-1 zones, required side and rear yards for accessory structures other than
accessory filving quarters and secondary dwelling units, may be reduced to no less than
three (3) feet from a property line, if an application is approved through the
Administrative Procedure for Minor Residential Projects. A reduction in setbacks will
not be allowed in the side yard abutting a street and conversion of accessory structures
with reduced setbacks to an accessory living qttarter o a secondary dwelling unit is
prohibited.
Criteria to be considered when reviewing accessory structures within reduced setbacks
shall include the number and size of structures already within a reduced setback area,
visibility, compatibility with other structures in the neighborhood, historic preservation
considerations, privacy and compatibility of historic nature of neighborhoods.
(2) One accessory structure less than 120 square feet, is allowed in the required side or
rear setbacks without any zoning approvals. Any accessory structure in excess of one
PAGE 17
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
will be subject to the requirements set forth by Section 29.40.015.
(3) In the R-1 zones, required side yard setbacks may be reduced to five (5) feet for
detached garages less than 450 square feet without obtaining approval through the
Administrative Procedure for Minor Residential Projects (Section 29.20.480). A
reduction in setbacks in the side yard abutting a street shall be subject to the
Administrative Procedure for Minor Residential Projects (Section 29.20.480).
PAGE 18
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-6
Title Clarification and Height Exception
for Wireless Telecommunication Facilities
Title Clarification and Height Exception for Wireless Telecommunication Facilities - The
following amendments are intended to add a heading for the Wireless Telecommunications Facilities
section in the Code so that the section is called out and add wireless telecommunication antennas
to the list of exceptions to the maximum height in the Code.
DIVISION 3A. WIRELESS TELECOMMUNICATIONS FACILITIES
Sec. 29.20.205. Purpose and intent.
Sec. 29.10.090. Height restriction, exception.
Towers, spires, elevator and mechanical penthouses, cupolas, wireless telecommunication
antennas, similar structures and necessary mechanical appurtenances which are not used for
human activity or storage may be higher than the maximum height permitted by the zone. The
use of tower elements or similar structures to provide higher ceiling heights for habitable space
shall be deemed as a use intended for human activity and is therefore not exempt from the
maximum height restrictions of a zone.
PAGE 19
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-7
Salvaging/Recycling Requirements for Demolitions
Salvaging/Recycling Requirements - The following amendment is intended to modify the
procedures and requirements for the recycling of building materials for single-family dwellings that
are permitted to be demolished by the Town. These modifications will have no impact on the intent
of the sections proposed to be amended.
Sec. 29.10.09030. Demolitions.
. 0) Salragr Recycling of Building Materials. When demolition of a structure is allowed, the
tTown shall provide the developer of the structure to be demolished with information about the
recycling s Bing of building materials. At least ten (fO) days Prior to the datewhen the
demolition is seheduled to cormnenec issuance of the demolition permit, the developer shall
provide the Planning Director with written notice, and an advertisement published J*Lj..t ZE
newspaper of general eiretflation, of the wvailabifity of materiais for saivage, including the na=
and telephone ntimber of a contaet person of the company that will be recycling the building
materials. All wood, metal, glass, and aluminum materials generated from the demolished
structure shall be deposited to a company which will recycle the materials. Receipts from the
company(s) accepting these materials, noting the type and weight of materials, shall be
submitted to the Town prior to the Town's demolition inspection. request, Upon Director may make this information available to persons who May be inte=sted in contacting the
owner(s) to arrange for possible salvage of btfil.ing materia . No recycling salvaging of
materials shall occur until a demolition permit has been approved by the Building Department.
PAGE 20
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance A-06-8
Appeal Withdrawals, Noticing Procedures for
Minor Residential Projects, and Clarification of Appeal Fees
Appeal Withdrawals, Noticing Procedures for Minor Residential Projects, and Clarification
of Appeal Fees - The following amendments are intended to:
• require that appeals from decisions of these committees be filed within ten days after the
decision is rendered, not ten days after the Town has mailed the written action;
• add requirement that the notice of appeal must clearly state why the appeal ought to be
granted;
• add language to allow appellants to withdraw appeals prior to the public notice being
mailed;
• replace "Notice of Intent to Approve" with "Notice of Pending Approval" for
clarification of the intended action;
• require all related appeal fees, including transcription fees, to be paid at the time an
appeal is filed; and
• additional grammar modifications to the administrative procedure section of the Town
Code for minor residential projects and the Planning Director was added as the deciding
body.
Pursuant to Town Code, the Development Review Committee now holds public hearings to take
actions on certain applications. The Historic Preservation Committee is also permitted to approve
minor projects. Appeal rights are cited after actions are taken at these meetings. Therefore, the
appeal process needs to be further modified to require that appeals from decisions of these
committees be filed within ten days after the decision is rendered, not ten days after the Town has
mailed the written action. This process is consistent with the Planning Commission appeal process.
These modifications will have no impact on the intent of the sections proposed to be amended.
Sec. 29.20.260. Notice of appeal
The appellant must file a written notice of appeal with the Planning Director not more than
ten (10) days after the date of mailing of written notification of the Planning Director's; decision
and not more than ten (10) days after the decision is rendered by the Development Review
Committee's or the Historic Preservation Committee's decision. The notice shall state clearly
the reasons why the appeal ought to be granted. Once a written notice of appeal has been
filed, it may be withdrawn by the appellant at anytime prior to the distribution of public
hearing notices, but not thereafter.
PAGE 21
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Sec. 29.20.275. Appeals from decisions by the Planning Commission.
Any interested person may appeal to the Council from any decision of the Planning
Commission. The appellant must file a written notice of appeal in duplicate with the Clerk not
more than ten (10) days after the decision is rendered. The notice shall state clearly the reasons
why the appeal ought to be granted. The Council shall not only ;hear the appeal if the notice is
not filed in time and all required fees are paid within the ten (10) day appeal period. Once a
notice of appeal has been filed, it may not be withdrawn withotit the consent of theeouncil by
the appellant prior to the distribution of public hearing notices, but not thereafter.
Sec. 29.20.480. Administrative procedure for minor residential projects.
(c) If the Planning Director intends to approve the application application ean be appro
,
a "Notice of Intent to Approve Pending Approval" will be mailed to neighboring
residents and property owners including any applicable conditions, exactions or
dedications as required. The notice will advise the residents and property owners of the
applicant's plans, and that the application will be approved unless there is an objection.
The residents and property owners have ten days from the date of the "Notice of
Pending Approval" in which to review the application and to notify the Planning
Director in writing of any concerns or problems.
(e) If an objection to the project is filed in a timely manner and the differences cannot be
resolved at the staff level, the application is scheduled before the Planning Commission
on the next available agenda for consideration at the applicant's cost. All property
owners and residents notified originally shall be notified of the Planning Commission
meeting.
PAGE 22
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-9
Conditional Use Permit Requirement for
New Office Buildings and Findings for Denial
Conditional Use Permit Requirement for New Office Buildings - The following amendments will
require a Conditional Use Permit for new office buildings. The Town Council directed staff to make
these changes at their retreat in January 2005. As part of these amendments additional findings are
also proposed to be added to the Conditional Use Permit findings.
The intent of the amendments are not to prohibit new office buildings. Rather, the CUP process
allows the Town to evaluate the consistency of the proposed development with Town policies and
thoroughly review all potential impacts that may be created as a result of this type of use. The
proposed findings state that the Town may deny a new office building if it: is found to be
inconsistent with the General Plan; or will result in a significant loss of current or potential revenue
to the Town; or will detract from the diversity of businesses in the zoning district; or would create
an over-concentration of similar types of businesses; or will detract from the existing land use mix
and high urban design standards including uses that promote continuous pedestrian circulation and
economic vitality.
Additionally, if Council is inclined to approve these amendments staff will follow up this approval
with criteria for evaluating and making findings related to future proposed office building projects.
Section 29.20.185. Table of conditional uses.
(1) Commercial
q. ! New office building approved or constructed after effective date of the ordinance.
Put an X under C-1, C-2, and CH in the Conditional Use Permit Table for item q listed above.
Sec. 29.20.190. Findings and decision.
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of this chapter if it finds
that:
(1) The proposed uses of the property are essential or desirable to the public convenience or
welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
PAGE 23
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
(3) The proposed uses would not be detrimental to public health, safety or general welfare;
and
(4) The proposed uses of the property are in harmony with the various elements or objectives
of the general plan and the purposes of this chapter.
(5) A hazardous waste facility proposal is subject to the California Health and Safety Code,
Article 8.7, Section 25199--25199.14 and shall be consistent with the Santa Clara County
Hazardous Waste Management Plan.
(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a
conditional use permit for a formula retail business or a personal service business if any of the
following findings are made:
(1) The proposed use of the property is not in harmony with specific provisions or objectives
of the general plan and the purposes of this chapter;
(2) The proposed use will detract from the existing balance and diversity of businesses in the
commercial district in which the use is proposed to be located; '
(3) The proposed use would create an over-concentration of similar types of businesses, or;
(4) The proposed use will detract from the existing land use mix and high urban design
standards including uses that promote continuous pedestrian circulation and economic
vitality.
(c) The deciding body, on the basis of the evidence submitted at the hearing, may deny a
conditional use permit for a new office building if any of the following findings are made:
(1) The proposed use will result in a significant loss of current or potential
revenue to the Town;
(2) The proposed use of the property is not in harmony with specific provisions or
objectives of the general plan and the purposes of this chapter;
(3) The proposed use will detract from the existing balance and diversity of businesses in
the commercial district in which the use is proposed to be located;
(4) The proposed use would create an over-concentration of similar types of businesses,
or;
(5) The proposed use will detract from the existing land use mix and high urban design
standards including uses that promote continuous pedestrian circulation and
economic vitality.
PAGE 24
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-10
Convert Town Policies into Town Code Requirements
Relating to Definitions of Attic/Cellar/Basement
Definitions of Attic/Cellar/Basement - The following amendments are intended to add and/or
modify definitions for attics, cellars, and basements to be consistent with current written Town
policies adopted by the Town Council. Additionally, the definition of cellar is further modified to
allow the floor area ratio (FAR) exception for residential developments only. Commercial
developments within the Parking Assessment District (PAD) have FAR requirements and the PAD
data includes cellar square footages to determine parking requirements.
Sec. 29.10.020. Definitions.
11
Attic is a non-habitable space (that may or may not be used for storage) with a maximum
height of seven feet six inches as measured from the upper surface of the attic floor to the
underside of the roof above. For the purposes of this definition, unfinished attic spaces are
considered to have floor surfaces. Once an attic space exceeds seven feet six inches in
height, all areas down to five feet will be counted toward the floor area ratio.
Cella, miean o- 'uh at yl- ortion of a btfilding between floor and ceiling which is wholly or pard
below grade, and so located that the -vertical distance from grade to the floor below is equai to
or greater than the -vertical distance ftom grade to eeiling is an enclosed area that does not
extend more than four feet above the existing or finished grade in any location. Cellars, as
defined here, shall not be included in the floor area ratio calculation for residential
developments. That area of a cellar where the building height exceeds four feet above
existing or finished grade shall not be included in this definition and shall be included in the
floor area ratio calculation. For purposes of this definition whichever grade (existing or
proposed) results in the lowest building profile of a building shall be used.
Basemen
and partly above grade, but so located that the verticai distance from grade to floor below is less
than the vertical distance from grade to ceiling is an enclosed area that extends more than four
feet above the existing or finished grade in any location. Basements, as defined here, shall
be included in the floor area ratio calculation. For purposes of this definition, whichever
grade (existing or proposed) results in the lowest building profile of a building shall be used.
PAGE 25
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Zoning Ordinance Amendment A-06-11
Spelling and Grammar Corrections
Spelling and Grammar - The following amendments are intended to clean up spelling and
grammatical errors in the existing Zoning Code.
Sec. 29.10.145. Requirements generally.
(h) Permit required for parking lot improvements. No person shall erect, construct, relocate,
enlarge, alter, repair, move, improve, remove, or convert any parking lot without a permit
therefor except:
Sec. 29.10.215. Modification of a nonconforming use.
After March 22, 1986, for hotels and motels located in residential zones that were converted
to multiple-family dwelling units, and after May 6, 1981, for all others, a use which is
nonconforming shall not be modified without obtaining a conditional use permit therefor. For
purposes of this section, a modification shat shall be defined as follows:
Sec. 29.10.245. Expansion of nonconforming building.
(3) Industrial buildings in an office or eo erieai commercial zone as defined in section
29.60.010.
Sec. 29.20.140. Architecture and site approval, purpose and intent.
(b) In the main, Tthe Town contains small businesses, professional offices and residences.
Municipal revenues derive principally from property tax and taxes derived from retail trade.
Local employment depends to an unusual extent on the success of small business ventures,
which in turn depend on trade in specialty items sold to visitors. Much of the business and
residential area of the Town is composed of a mixture of old and new buildings, and the
condition and style of each reflects on the other. For example, a new building loses value and
its occupant's trade is diminished if an old building nearby is permitted to decay, and old
buildings are permitted to decay when the designs of new buildings nearby do not compliment
them. The juxtaposition of old and new buildings in the Town is extensive.
PAGE 26
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
Sec. 29.20.185. Table of conditional uses.
TABLE OF CONDITIONAL USES
(3) Community services
a. Public building; police, fire, community center,
library, art gallery, museum
b. Club, lodge, hall, fraternal organization
c. Church, monastery, convent, and other institutions
for religious observance
d. Mortuary, columbarium, m hum mausoleum
e. Pu}bie Public transportation and parking facilities
(6) Transmission Facilities/Utilities
a. Public utility service yard, station, transmission lines,
storage tank, drainage or communication facilities
b. Antenna facilities operated by a public or prrvate
private utility for transmitting and receiving cellular
telephone and other wireless communications
c. Radio and/or broadcast studios
Sec. 29.20.197. Review of application for a conditional use permit or modification to a
conditional use permit to sell beer and wine at a service station.
(1) The number of locations of retail on-sale and off-sale heneses licenses to sell alcohol
located within a reasonable distance, generally one mile, of the proposed location;
Sec. 29.40.615. Conditional uses.
In addition to the activities authorized by section 29.10.610, the activities listed in the table
in section 29. i 0. 85 29.20.185 are allowed if a conditional use permit is issued.
Sec. 29.50.032. Promotional events for auto dealers.
a. For small promotions:
4. The permit may allow a waiver of the provisions of section 29.10.115(1)
regarding flags, pennants or balloons provided no helium is used, no metallic -
PAGE 27
MAYOR AND TOWN COUNCIL
RE: TOWN CODE AMENDMENT A-06-1 through 11
April 13, 2006
ballons balloons are used, and that the applicant can demonstrate that adequate
precautions will be taken to protect the public health and safety.
b. For large promotions:
4. The permit may allow a waiver of the provisions of section 29.10.115(1)
regarding flags, pennants or balloons provided that no helium is used, no metallic
ballots balloons are used, and the applicant can demonstrate that adequate
precautions will be taken to protect the public health and safety.
Sec. 29.90.040. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA)
of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS)
dated July, 1978 and accompanying Flood Insurance Rate Maps (FIRMS) and Flood Boundary
and Floodway Maps (FBFMs), dated January 17, 1979, and all subsequent amendments and/or
revisions, are hereby adopted by reference and declared to be a part of this artilee article.
Sec. 29.90.055. Interpretation.
In the interpretation and application of this article, all provisions shall be
(3) DemedDeemed neither to limit nor repeal any other powers granted under state statutes.
Attachments:
1. Required Finding
2. Draft Ordinance (25 Pages).
3. Excerpt from the Planning Commission Minutes from their meetings on January 11, 2006,
February 8, 2006, and February 22, 2006 (5 Pages).
4. Exhibit for A-06-5.
5. Report to the Planning Commission, dated February 2, 2006 for the meeting of February 8, 2006
(Submitted under separate cover).
6. Report to the Planning Commission, dated February 17, 2006 for the meeting of February 22,
2006 (Submitted under separate cover).
BNL:JP: SLB
N:\DEV\CNCLRPTS\2006\A-06-O 1 thru 11.wpd
REQUIRED FINDING FOR:
Town Code Amendments A-06-01 through A-06-11
Consider amending the following sections of the Town Code:
• References to Planning Director
• Requirements for Certificates of Use and Occupancy/Second Dwelling Units/Appeals
From Decisions of the Planning Director
• Parking Exemption Clarification for Historic Districts and Parking Lot and Dimension
Modifications to Meet National Pollution Discharge Elimination System Requirements
• Minor Residential Development Application Procedures and Approvals Required for
Architecture and Site Application
• Projections Allowed Into Yards, Convert Town Policies into Town Code Requirements
Relating to Detached Accessory Structure Exemptions
• Title Clarification and Height Exception for Wireless Telecommunication Facilities
• Salvaging/Recycling Requirements for Demolitions
• Appeal Withdrawals, Noticing Procedures for Minor Residential Projects and
Clarification of Appeal Fees
• Conditional Use Permit Requirement for New Office Buildings and Findings for Denial
• Convert Town Policies into Town Code Requirements Relating to Definitions of
Attic/Cellar/Basement
• Spelling and Grammar Corrections
It has been determined that this project could not have a significant impact on the
environment, therefore, the project is not subject to the California Environmental Quality Act
(Section 15061(b)(3)).
APPLICANT: Town of Los Gatos
FINDING
Required consistency with the Town's General Plan:
■ That the proposed Town Code amendments are consistent with the General Plan and its
Elements.
N.\DEV \FINDINGS W-06-1 throughA-06-1 l.wpd
AT o "®4 CI-1 M- - ENT 1
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE REGARDING:
1) REFERENCES TO PLANNING DIRECTOR; 2) REQUIREMENTS FOR
CERTIFICATES OF USE AND OCCUPANCY/SECOND DWELLING UNITS/APPEALS
FROM DECISIONS OF THE PLANNING DIRECTOR; 3) PARKING EXEMPTION
CLARIFICATION FOR HISTORIC DISTRICTS AND PARKING LOT AND
DIMENSION MODIFICATIONS TO MEET NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM REQUIREMENTS; 4) MINOR RESIDENTIAL
DEVELOPMENT APPLICATION PROCEDURES AND APPROVALS REQUIRED FOR
ARCHITECTURE AND SITE APPLICATION; 5) PROJECTIONS ALLOWED INTO
YARDS, CONVERT TOWN POLICIES INTO TOWN CODE, REQUIREMENTS
RELATING TO DETACHED ACCESSORY STRUCTURE EXEMPTIONS, AND
DETACHED GARAGE EXEMPTION; 6) TITLE CLARIFICATION AND HEIGHT
EXCEPTION FOR WIRELESS TELECOMMUNICATION FACILITIES;
7) SALVAGING/RECYCLING REQUIREMENTS FOR DEMOLITIONS; 8) APPEAL
WITHDRAWALS, NOTICING PROCEDURES FOR MINOR RESIDENTIAL
PROJECTS, AND CLARIFICATION OF APPEAL FEES; 9) CONDITIONAL USE
PERMIT REQUIREMENT FOR NEW OFFICE BUILDINGS AND FINDINGS FOR
DENIAL; 10) CONVERT TOWN POLICIES INTO TOWN CODE REQUIREMENTS
RELATING TO DEFINITIONS OF ATTIC/CELLAR/BASEMENT;11) SPELLING AND
GRAMMAR CORRECTIONS.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Chapter 20 is amended to read as follows:
Sec. 20.10.020. References to Planning Director in the Code.
All references in this Code to "Planning Director" are intended to refer to the Director
of Community Development.
ATTACHMENT 2
Town Code Chapter 29 is amended to read as follows:
Sec. 29.20.060. Certificate of use and occupancy.
A certificate of use and occupancy is required:
(1) Before occupancy of any new building or commencement of any activity when
architecture and site approval or a conditional use permit is required for either
(excluding single family, two family or second dwelling units).
(2) Before any change of occupancy of land or buildings other than a change in
residents of a dwelling or proprietors of a continuing business enterprise.
Sec. 29.10.320. New second dwelling units.
(8) Parking. In addition to parking otherwise required for second units as set forth in
section 29.10.150 of the Town Code, the number of off-street parking spaces
required by this chapter for the primary unit shall be provided prior to the issuance
of a certificate of use and oce-apancy building permit or final inspection-
2
for the new second dwelling unit. In addition to the number of spaces as set forth
in this section, additional spaces may be required if the following findings are
made:
a. Additional parking is directly related to the use of the second unit
b. Additional parking is consistent with existing neighborhood standards
applicable to existing dwellings.
(12)Expansion of unit. Requests for expansion of a second dweffingianit shaf
0-3~Denial. An application may be denied if it does not meet the design and
development standards. An application may also be denied if the following
findings are made:
a. Acknowledgment of limiting the housing opportunities in the region.
b. Adverse impacts on health, safety and/or welfare of the public.
Sec. 29.10.330. Elimination and/or demolition of existing second units.
In order to eliminate and/or demolish, without replacement, an approved second
unit, the Planning deciding body shall make the finding that the proposed
removal elimination and/or demolition, (without replacement), is consistent with the
Town's Housing Element of the General Plan. In order to eliminate and/or demolish an
existing second unit (whether or not it will be replaced), the Planning eon-Affission deciding
body must make the demolition findings pursuant to section 29.10.09030.
Sec. 29.10.335 Expansion of existing or nonconforming second dwelling units.
For the purposes of this section only, expansion of a second dwelling unit is defined
as increasing the number of bedrooms or adding floor area in excess of thirty (30) square
feet. Requests for expansion of any nonconforming second dwelling unit shall be subject
to the same requirements as a new second dwelling unit. If the secondary dwelling unit(s)
is located on a nonconforming lot, no expansion, as defined by this section, is permitted.
Sec. 29.20.255. Appeals from the decision by the Planning Director.
Any interested person may appeal to the Planning Commission from a decision of the
Planning Director:
4
(1) Determining an application for a , for a horse permit, for an
amateur horse event or animal permit, for a home occupation permit, for a tree
removal permit, for a sign permit, permit, for a secondary dwelling unit or
denying a certificate of use and occupancy on the ground that the use is not
allowed in the zone.
Section 29.10.150. Number of off-street spaces required.
(h) Exemptions. Compliance with subsection (c)(1) is not required if the deciding
body makes the following findings:
(1) If the site and/or structures on the site are subject to historic preservation
pursuant to Division 3 of Article VIII of this Code and tT-he Historic
Preservation Committee determines that the enforcement of subsection (g) will
impact the historic character of the site and/or structures on the site;-and or
(Z) The addition is determined necessary to provide adequate floor area for a suita-ble
living en-vironment-, and
{3 -The lot does not have adequate area to provide parking as required by subsection
(c)(1). This finding is not required if subsection (h)(1) is made.
If the deciding body makes the findings set forth in sthseetions (h)(1), (2) and (3)
above, parking shall be provided to the maximum extent possible.
Sec 29.10.155. Development Standards
(c) Driveways. Off-street parking lots and parking garages must be connected to
streets or alleys by driveways which comply with the following requirements:
(2) Driveways which serve more than two (2) and not more than ten (10) parking
spaces shall be at least ten (10) feet wide if they provide either ingress or egress
only, and not less than eighteen (18) feet wide if they provide both ingress and
egress. The Planning Director may authorize a reduction in width of two-way
driveways for single family residential parcels with a secondary dwelling unit(s)
and two family residential parcels if the Planning Director finds,that conditions
make the eighteen foot requirement impractical.
(7) When a garage, with a sliding or overhead roll-up door, unenclosed parking
space, or carport opens onto a street (excluding alleys) the length of the driveway
shall not be less than twenty- five eighteen (18) feet. The length of all other
driveways shall not be less than 25 feet. For a driveway that opens onto an
alley, the width of the alley can be used for calculating the length of a driveway.
6
(e) Surfacing.
(1) All outdoor off-street parking spaces, driveways and maneuvering areas shall be
paved with a compacted base not less than four (4) inches thick, surfaced with
asphaltic concrete or Portland cement concrete pavement or other surfacing (e.g.:
permeable paving materials, interlocking pavers and ribbon strip driveways)
approved by the Town Engineer. The paved area shall be provided with drainage
facilities subject to the approval of the Town Engineer, adequate to dispose of all
accumulated surface water. Special surfaces may be allowed by the Development
Review Committee if the following conditions apply:
(2) Special paving may be required within the dripline of existing trees subject to the
recommendation of the Planning Director of-K'-d-r'X-5--'T'UEUStrYand Maintenance
(g) Screening and landscaping. Parking lots and spaces shall be screened and
landscaped as follows:
(3) All landscaped areas shall be completely enclosed by a si-xfour-inch continuous
concrete curb. At any point where a curb around a landscaped area serves as a
7
wheel stop, a vehicle overhang allowance of two (2) feet including the width of
the curb shall be added to the landscaped area.
(h) Curbs, wheel stops and markings. Curbs, wheel stops and markings for parking
lots and spaces shall be provided as follows:
(1) Except for spaces which serve single- or two-family dwellings, all off-street
parking spaces shall have wheel stops. Wheel stops must be continuous curbing
and shall not be separate blocks. A continuous concrete curb may be permitted
with breaks in the curb to allow for drainage to meet Best Management
Practices methods for National Pollutant Discharge Elimination System
(NPDES) requirements.
(2) Opposing ranks of parking stalls shall be separated by a raised curbed island.
Breaks in the curb may be permitted to allow for drainage to meet Best
Management Practices methods for NPDES requirements.
(1) Determination. Applications for permits for parking lot improvements shall be
determined by the Director of Btilding and Engineering Services subject to approval of
the Planning Director. When compliance with State disabled-accessibility statutes and
regulations will result in a reduction in the number of spaces remaining in the parking lot
below the number required by this chapter, the application shall be determined by the
Development Review Committee through the building permit process.
Sec. 29.20.480. Administrative procedure for minor residential projects.
(2) In addition to the projects identified in subsections 29.20.745(12) and (15), the
following projects will be considered under this administrative procedure.
(c) Reconstruction to a portion of a single or two-family dwelling or an accessory
structure with a nonconforming setback.
(d) Accessory structures exceeding a combined square footage of 450 square feet.
(e) Additions to accessory structures resulting in the structures containing a
combined square footage more than 450 square feet.
(f) Request to reduce side and rear yard setback requirements for accessory btildings
structures.
(g) Sport court lighting and/or fencing over six (6) feet high enclosing court game
areas in residentiai zones.
9
Sec. 29.20.145. Approval required.
Architecture and site approval is required in all zones for the following:
(2) An exterior alteration that changes the architectural style of a single family and
two family residence.
(23)Any Bexterior; alteration or addition to a building (other than -
two-fanfily excluding:
(a) Alterations or additions to a single and two family dwelling that do not
require approval by the Planning Commission or Development Review
Committee pursuant to the Residential Design Guidelines or the Hillside
Development Standards and Guidelines,
(b) Minor exterior alterations to commercial and multifamily buildings.
(34) Intensification of land use. For the purposes of this section only,
intensification of land use means all changes in use which require more
parking and/or results in an increase in peak hour trips for mixed use,
multi tenant commercial, industrial or multifamily development projects
if the trips exceed the traffic generation factor assigned to the project at the
time of approval and/or an increase of five (5) or more peak hour trips;
10
(45)Residence conversions;
(56) Any development in a floodplain as required by article IX of this chapter;
and as otherwise specified in this article. For the purposes of this seetion only,
results in aninetease Ln. peak hour trips for rrdxed tise, m-aftitenant eonv=eiai o
Sec. 29.40.070. Projections allowed into yards.
(a) A porte cochere may be permitted over a driveway in a side yard, provided that it is
not more than one (1) story high and twenty-four (24) feet long, with supporting
columns not eloser than two a minimum of three (23) feet from the side lot line with a
maximum eave length of twelve (12) inches, and is entirely open on at least three (3) sides,
except for the necessary supporting columns and customary architectural features.
(d) Open, unenclosed porches or decks, not covered by a roof or canopy, less than one
(1) foot above grade, may project into side or rear yards.
11
(de)Open, unenclosed porches, not covered by a roof or canopy, less than four (4) feet
above grade may project into front, side or rear yards or into any court up to six (6) feet; but
in no case shall the projection into a side yard be closer than six (6) feet to the property line
or into a court exceed a distance of more than twenty (20) percent of the width of such court.
(e f jOpen, unenclosed balconies, not covered by a roof or canopy may project into a front
or rear yard up to six (6) feet.
Sec. 29.50.055. Projections allowed into yards.
(a) A porte cochere may be permitted over a driveway in a side yard, provided that it is
not more than one (1) story high and twenty-four (24) feet long, and with supporting
columns not closer than two a minimum of three (23) feet from the side lot line with a
maximum eave length of twelve (I2) inches, and is entirely open on at least three (3) sides,
except for the necessary supporting columns and customary architectural features.
Sec. 29.40.015. Accessory buildings structures.
In residential zones (defined by Ssection 29.40.010), accessory buildings structures
(excluding horse barns and shelters), located on the same site with a permitted use,
including private garages and carports, studios for private use, garden structures,
12
greenhouses, hobby shops, recreation rooms and free-standing patio covers are allowed if
such accessory buildings structures:
B. Exceptions.
(1) In the R-1 zones, required side and rear yards for accessory structures other
than accessory living qtiafters and secondary dwelling units, may be reduced
to no less than three (3) feet from a property line, if an application is approved
through the Administrative Procedure for Minor Residential Projects. A
reduction in setbacks will not be allowed in the side yard abutting a street and
conversion of accessory structures with reduced setbacks to an accessory
a secondary dwelling unit is prohibited.
Criteria to be considered when reviewing accessory structures within reduced
setbacks shall include the number and size of structures already within a
reduced setback area, visibility, compatibility with other structures in the
neighborhood, historic preservation considerations, privacy and compatibility
of historic nature of neighborhoods.
(2) One accessory structure less than 120 square feet, is allowed in the required
side or rear setbacks without any zoning approvals. Any accessory structure
in excess of one will be subject to the requirements set forth by Section
13
29.40.015.
(3) In the R-1 zones, required side yard setbacks maybe reduced to five (5) feet for
detached garages less than 450 square feet without obtaining approval through
the Administrative Procedure for Minor Residential Projects (Section
29.20.480). A reduction in setbacks in the side yard abutting a street shall be
subject to the Administrative Procedure for Minor Residential Projects
(Section 29.20.480).
Sec. 29.20.200 Conditional Use Modification
DIVISION 3A. WIRELESS TELECOMMUNICATIONS FACILITIES
Sec. 29.20.205. Purpose and intent.
Sec. 29.10.090. Height restriction, exception.
Towers, spires, elevator and mechanical penthouses, cupolas, wireless
telecommunication antennas, similar structures and necessary mechanical appurtenances
which are not used for human activity or storage may be higher than the maximum height
14
permitted by the zone. The use of tower elements or similar structures to provide higher
ceiling heights for habitable space shall be deemed as a use intended for human activity and
is therefore not exempt from the maximum height restrictions of a zone.
Sec. 29.10.09030. Demolitions.
0) Sal igeRecycling 'ofBuildingMaterials. When demolition of a structure is allowed,
the tTown 'shall provide the developer of the structure to be demolished with information
about the recycling sal-vaging of building materials. At least ten (10) days Prior to the date
when the demolition is schectaled to eommenc~.- issuance of the demolition permit, the
developer shall provide the Planning Director with written notice,
salvage, and an advertisemen
ptiblished in a newspaper of generai eirettlation, of the availability of materiais for of the company that will be
recycling the building materials. All wood, metal, glass, and aluminum materials
generated from the demolished structure shall be deposited to a company which will
recycle the materials. Receipts from the company(s) accepting these materials, noting the
type and weight of materials, shall be submitted to the Town prior to the Town's
demolition inspection. Upon , the Planning Director may make this information
saivage of building materiais. No recycling wing of materials shall occur until a
demolition permit has been approved by the Building Department.
15
Sec. 29.20.260. Notice of appeal.
The appellant must file a written notice of appeal with the Planning Director not more
than ten (10) days after the date of mailing of written notification of the Planning
Director's; decision and not more than ten (10) days after the decision is rendered by
the Development Review Committeels or the Historic Preservation Committee'&-leeisirtM
The notice shall state clearly the reasons why the appeal ought to be granted. Once a
written notice of appeal has been filed, it may be withdrawn by the appellant at anytime
prior to the distribution of public hearing notices, but not thereafter.
Sec. 29.20.275. Appeals from decisions by the Planning Commission.
Any interested person may appeal to the Council from any decision of the Planning
Commission. The appellant must file a written notice of appeal in duplicate with the
Clerk not more than ten (10) days after the decision is rendered. The notice shall state clearly
the reasons why the appeal ought to be granted. The Council shall not only hear the appeal
if the notice is not filed in time and all required fees are paid within the ten (10) day appeal
period. Once a notice of appeal has been filed, it may not be withdrawn
o€-the eounby the appellant prior to the distribution of public hearing notices, but not
thereafter.
16
Sec. 29.20.480. Administrative procedure for minor residential projects.
(c) If the Planning Director intends to approve the application, application can be
approved-,a "Notice of Intent to Approve Pending Approval" will be mailed to
neighboring residents and property owners including any applicable conditions,
exactions or dedications as required. The notice will advise the residents and property
owners of the applicant's plans, and that the application will be approved unless there
is an objection. The residents and property owners have ten days from the date of the
"Notice of Pending Approval" in which to review the application and to notify the
Planning Director in writing of any concerns or problems.
(e) If an objection to the project is filed in a timely manner and the differences cannot
be resolved at the staff level, the application is scheduled before the Planning
Commission on the next available agenda for consideration at the applicant's cost.
All property owners and residents notified originally shall be notified of the Planning
Commission meeting.
Section 29.20.185. Table of conditional uses.
(1) Commercial
17
q. New office building approved or constructed after effective date of the ordinance.
Put an X under C-1, C-2, and CH in the Conditional Use Permit Table for item q listed
above.
Sec. 29.20.190. Findings and decision.
(c) The deciding body, on the basis of the evidence submitted at the hearing, may deny
a conditional use permit for a new office building if any of the following findings are
made:
(1) The proposed use will result in a significant loss of current or potential
revenue to the Town;
(2) The proposed use of the property is not in harmony with specific provisions or
objectives of the general plan and the purposes of this chapter;
(3) The proposed use will detract from the existing balance and diversity of
businesses in the commercial district in which the use is proposed to be located;
(4) The proposed use would create an over-concentration of similar types of
businesses, or;
18
(5) The proposed use will detract from the existing land use mix and high urban
design standards including uses that promote continuous pedestrian circulation
and economic vitality.
Sec. 29.10.020. Definitions.
Attic is a non-habitable space (that may or may not be used for storage) with a
maximum height of seven feet six inches as measured from the upper surface of the attic
floor to the underside of the roof above. For the purposes of this definition, unfinished
attic spaces are considered to have floor surfaces. Once an attic space exceeds seven feet
six inches in height, all areas down to five feet will be counted toward the floor area ratio.
Basemen
below and partly above grade, but so located that the vertieal distanee from grade to floo
below is less than the verticai distance from grade to ceiling is an enclosed area that extends
more than four feet above the existing or finished grade in any location. Basements, as
defined here, shall be included in the floor area ratio calculation. For purposes of this
definition, whichever grade (existing or proposed) results in the lowest building profile of
a building shall be used.
19
Cellar means that portion of a building between fioor and ceffing which is wholly o
pai* below grade, and so located that the vertical distance ftom grade to the floor below is
e is an enclosed area that
does not extend more than four feet above the existing or finished grade in any location.
Cellars, as defined here, shall not be included in the floor area ratio calculation for
residential developments. That area of a cellar where the building height exceeds four feet
above existing or finished grade shall not be included in this definition and shall be
included in the floor area ratio calculation. For purposes of this definition whichever
grade (existing or proposed) results in the lowest building profile of a building shall be
used.
Sec. 29.10.145. Requirements generally.
(h) Permit required for parking lot improvements. No person shall erect, construct,
relocate, enlarge, alter, repair, move, improve, remove, or convert any parking lot without
a permit therefor except:
Sec. 29.10.215. Modification of a nonconforming use.
After March 22, 1986, for hotels and motels located in residential zones that were
converted to multiple-family dwelling units, and after May 6,1981, for all others, a use which
20
is nonconforming shall not be modified without obtaining a conditional use permit therefor.
For purposes of this section, a modification sh-A shall be defined as follows:
Sec. 29.10.245. Expansion of nonconforming building.
(3) Industrial buildings in an office or eommericai commercial zone as defined in section
29.60.010.
Sec. 29.20.140. Architecture and site approval, purpose and intent.
(b) in the main, Tthe Town contains small businesses, professional offices and
residences. Municipal revenues derive principally from property tax and taxes derived
from retail trade. Local employment depends to an unusual extent on the success of small
business ventures, which in turn depend on trade in specialty items sold to visitors. Much of
the business and residential area of the Town is composed of a mixture of old and new
buildings, and the condition and style of each reflects on the other. For example, a new
building loses value and its occupant's trade is diminished if an old building nearby is
permitted to decay, and old buildings are permitted to decay when the designs of new
buildings nearby do not compliment them. The juxtaposition of old and new buildings in the
Town is extensive.
21
Sec. 29.20.185. Table of conditional uses.
TABLE OF CONDITIONAL USES
(3) Community services
a. Public building; police, fire, community center,
library, art gallery, museum
b. Club, lodge, hall, fraternal organization
c. Church, monastery, convent, and other institutions
for religious observance
d. Mortuary, columbarium, ma-asoliti mausoleum
e. die Public transportation and parking facilities
(6) Transmission Facilities/Utilities
a. Public utility service yard, station, transmission lines,
storage tank, drainage or communication facilities
b. Antenna facilities operated by a public or prrvate
private utility for transmitting and receiving cellular
telephone and other wireless communications
c. Radio and/or broadcast studios
Sec. 29.20.197. Review of application for a conditional use permit or modification to a
conditional use permit to sell beer and wine at a service station.
22
(1) The number of locations of retail on-sale and off-sale heneses licenses to sell alcohol
located within a reasonable distance, generally one mile, of the proposed location;
Sec. 29.40.615. Conditional uses.
In addition to the activities authorized by section 29.10.610, the activities listed in the
table in section 29.10.185 29.20.185 are allowed if a conditional use permit is issued.
Sec. 29.50.032. Promotional events for auto dealers.
a. For small promotions:
4. The permit may allow a waiver of the provisions of section 29.10.115(1)
regarding flags, pennants or balloons provided no helium is used, no
metallic ballons balloons are used, and that the applicant can demonstrate
that adequate precautions will be taken to protect the public health and
safety.
b. For large promotions:
23
4. The permit may allow a waiver of the provisions of section 29.10.115(1)
regarding flags, pennants or balloons provided that no helium is used, no
metallic balions balloons are used, and the applicant can demonstrate that
adequate precautions will be taken to protect the public health and safety.
Sec. 29.90.040. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA)
of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS)
dated July, 1978 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), dated January 17, 1979, and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared to be a part of
this artilee article.
Sec. 29.90.055. Interpretation.
In the interpretation and application of this article, all provisions shall be
(3) Be= Deemed neither to limit nor repeal any other powers granted under state
statutes.
24
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 2006, and adopted by the following vote as an ordinance of the Town of Los Gatos
at a meeting of the Town Council of the Town of Los Gatos on , 2006. This ordinance becomes
effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS :
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV\0RDS\A-06-1 thru 11.3. wpd
25
Planning Commission - January 11, 2006
Action Meeting Minutes
Page 4
ITEM 3 Zoning Code Amendments A-06-01 through A-06-11
Public hearing to consider amending the following sections of the Town Code:
• References to Planning Director
• Requirements for Certificates of Use and Occupancy/Second Dwelling
Units/Appeals From Decisions of the Planning Director
• Parking Exemption Clarification for Historic Districts and Parking Lot and
Dimension Modifications to Meet National Pollution Discharge Elimination
System Requirements -
• Minor Residential Development Application Procedures and Approvals
Required for Architecture and Site Application
• Projections Allowed Into Yards, Convert Town Policies into Town Code
Requirements Relating to Detached Accessory Structure Exemptions, and
Detached Garage Exemption
• Title Clarification and Height Exception for Wireless Telecommunication
Facilities
• Salvaging/Recycling Requirements for Demolitions
• Appeal Withdrawals, Noticing Procedures for Minor Residential Projects and
Clarification of Appeal Fees
• Conditional Use Permit Requirement for New Office Buildings and Findings
for Denial
• Convert Town Policies into Town Code Requirements Relating to Definitions
of Attic/Cellar/Basement
• Spelling and Grammar Corrections
It has been determined that this project could not have a significant impact on the
environment, therefore, the project is not subject to the California Environmental
Quality Act (Section 15061 (b)(3)).
APPLICANT: Town of Los Gatos
PUBLIC TESTIMONY: None
MOTION: Motion by Commissioner Kane and seconded by Commissioner Rice to continue
public hearing to February 8, 2006.
Motion carried 6-0-1 with Commissioner O'Donnell absent. Mr. Tsuda requested the
Commissioners with questions on Zoning Code Amendments A-06-01 thru A-06-11 contact staff
before the continued public hearing date.
CONTINUED OTHER BUSINESS None
ATTACHMENT 3
Planning Commission - February 8, 2006
Action Meeting Minutes
Page 4
ITEM 4 54 Chester Street
Architecture and Site Application S-05-031
Requesting approval to demolish a pre-1941 residence, construct a new single
family residence and accessory structure with reduced setbacks and request for an
interpretation of the cellar policy on property zoned R-1D. APN: 529-08-008
PROPERTY OWNER: Anna Huynh and Kevin Crane
PUBLIC TESTIMONY by Kevin Crane and Brian Kulman
MOTION: Motion by Commissioner Talesfore and seconded by Commissioner Quintana to refer
Architecture and Site Application S-05-031 back to staff for redesign and a date uncertain for
public hearing.
Motion carried 5-1-1 with Commissioner Micciche dissenting and Commissioner Kane recused.
Appeal rights cited by Mr. Tsuda.
After hearing Item 2, which was moved to the end of the agenda, Chair Micciche re-opened the
public hearing on this item to allow the applicant to comment on his willingness to redesign the
house. The applicant commented he would rather have the project denied than return to the
Planning Commission.
MOTION: Motion by Commissioner O'Donnell and seconded by Chair Micciche to rescind
previous motion. Motion carried 5-1-1 with Commissioner Quintana dissenting and
Commissioner Kane recused.
MOTION: Motion by Commissioner Talesfore and seconded by Chair Micciche to deny
Architecture and Site Application S-05-031 since findings and conditions could not be made as
noted in Exhibits A and B of report dated February 2, 2006. Motion carried 6-0-1 with
Commissioner Kane recused
Appeal rights cited by Mr. Tsuda.
CONTINUED PUBLIC HEARING
ITEM 2 Zoning Code Amendments A-06-01 through A-06-11
Public hearing to consider amending the following sections of the Town Code:
• References to Planning Director
• Requirements for Certificates of Use and Occupancy/Second Dwelling
Units/Appeals From Decisions of the Planning Director
• Parking Exemption Clarification for Historic Districts and Parking Lot and
Dimension Modifications to Meet National Pollution Discharge
Elimination System Requirements
Planning Commission - February 8, 2006
Action Meeting Minutes
Page 5
• Minor Residential Development Application Procedures and Approvals
Required for Architecture and Site Application
• Projections Allowed Into Yards, Convert Town Policies into Town Code
Requirements Relating to Detached Accessory Structure Exemptions, and
Detached Garage Exemption
• Title Clarification and Height Exception for Wireless Telecommunication
Facilities
• Salvaging/Recycling Requirements for Demolitions
• Appeal Withdrawals, Noticing Procedures for Minor Residential Projects
and Clarification of Appeal Fees
• Conditional Use Permit Requirement for New Office Buildings and
Findings for Denial
• Convert Town Policies into Town Code Requirements Relating to
Definitions of Attic/Cellar/Basement
• Spelling and Grammar Corrections
It has been determined that this project could not have a significant impact on the
environment, therefore, the project is not subject to the California Environmental
Quality Act (Section 15061 (b)(3)).
APPLICANT: Town of Los Gatos
(Continued from January 11, 2006)
PUBLIC TESTIMONY: None
MOTION: Motion by Commissioner O'Donnell and seconded by Commissioner Talesfore to
recommend approval of Zoning Code Amendments A-06-01 through A-06-11 and forward to Town
Council for final action. Motion by Commissioner Quintana and seconded by Commissioner
O'Donnell to continue Zoning Code Amendment A-06-08 to the public hearing on February 22,
2006.
Motions carried 6-0-1 for both actions on the above with Commissioner Kane recused.
CONTINUED OTHER BUSINESS
NEW OTHER BUSINESS
Sub-Committee Reports
Conceptual Development Advisory Committee - Commissioner Talesfore commented on the two
items on the agenda, i.e., 115 N. Santa Cruz Avenue (Chart's Restaurant) and 16245 Burton Road
(new child care facility).
Report from Director of Community Development - Mr. Tsuda provided information on the
Planners Institute. Commissioners Talesfore, Kane, Quintana, O'Donnell and Bourgeois will be
attending the conference on March 22-24, 2006. Planning Commission meeting on March 22,
2006 will be cancelled.
Commission Matters - Chair Micciche commented on the Policies and Procedures information
provided by staff for Planning Commissioners information.
~owN o~ TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
tos Aos TOWN COUNCIL CHAMBERS
110 E. MAIN STREET
WEDNESDAY, FEBRUARY22, 2006 7:00 P.M.
Please refer to compact disk #02-22-06 to hear the entire proceedings of this meeting.
ROLL CALL:
Present: Phil Micciche, Chair; John Bourgeois, D. Michael Kane, Thomas O'Donnell and
Lee Quintana
Absent: Joanne Talesfore, Vice Chair; Stephen M. Rice
Others: Assistant Community Development Director Randy Tsuda and Judie Soo Gilli,
Assistant Planner
VERBAL COMMUNICATION
Ray Davis Commented on the performance of several Planning Commissioners.
APPROVAL OF MINUTES
February 8, 2006 - Commissioner Quintana provided a correction to Item 3/14777 Los
Gatos Blvd - Page 3 regarding motions made. Commissioner Kane provided a correction
to Item 3 (noted above) to include his comments as to why he voted against this project.
Commissioner O'Donnell moved and Commissioner Kane seconded to approve minutes
with corrections as duly noted. Motion carried 5-0-2 with Commissioners Talesfore and
Rice excused.
CONSENT CALENDAR - None
CONTINUED PUBLIC HEARING
NEW PUBLIC HEARINGS
ITEM 1 Zoning Code Amendment A-06-08
Public hearing to consider amending the following sections of the Town Code:
Appeal Withdrawals, Noticing Procedures for Minor Residential Projects and
Clarification of Appeal Fees
Planning Commission - February 22, 2006
Action Meeting Minutes
Page 2
It has been determined that this project could not have a significant impact on the
environment, therefore, the project is not subject to the California Environmental
Quality Act (Section 15061 (b)(3)).
APPLICANT: Town of Los Gatos
(Continued from February 8, 2006)
PUBLIC TESTIMONY by Ray Davis.
MOTION: Motion by Commissioner O'Donnell and seconded by Commissioner Bourgeois to
recommend approval of Zoning Code Amendment A-06-08 and forward to Town Council for
final action. This amendment will be combined with the previously recommended action from
February 8, 2006.
Motion carried 4-1-2 with Commissioner Quintana dissenting and Commissioners Talesfore and
Rice excused. Commissioner Quintana voted against the motion since she felt the motion should
require Town Attorney review of the legality of requiring an appellant to state the reasons for an
appeal on the appeal form.
ITEM 2 16463 Ferris Avenue
Architecture and Site Application S-06-031
Requesting approval to demolish a single family residence, demolish a second
dwelling unit and construct a new single family residence on property zoned R-
1:8. APN 532-07-041
PROPERTY OWNER: Dennis and Deborah Politi
APPLICANT: Hometec Architecture
PUBLIC TESTIMONY by Rick Hartman, Ray Davis and Dennis Politi
MOTION: Motion by Commissioner Kane and seconded by Commissioner Bourgeois to
approve Architecture and Site Application S-06-031. The required findings were made as noted
in Exhibit A of report dated February 15, 2006 and the application incorporated the conditions as
noted in Exhibit B of report dated February 15, 2006 with added conditions as follows:
7. ARBORIST RECOMMENDATIONS: The Consulting Arborist recommendations
minus the tree replacement recommendation dated January 12, 2006 must be strictly
adhered to, prior to and throughout construction.
8. REPLACEMENT TREES: Replacement trees or alternative mitigation shall be
determined by the Town arborist according to Section 29.10.0985 of the Zoning
Ordinance.
Motion carried 4-1-2 with Commissioner Quintana disssenting and Commissioners Talesfore and
Rice excused. Commissioner Quintana provided the following reasons for not supporting the
motion: a) lack of existing site plan, b) the garage should be located at the back of the lot, c) loss
5'
51
Detached Rear Yard Setback
Garage
---------------r---------
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Front Yard Setback
Not to Scale
'ATTACHMENT 4