Recind Reso 2002-25 Architectural Consult.twNO<
�os.G�,os COUNCIL AGENDA REPORT
DATE: MAY 27, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 06/02/14
ITEM NO. / _
SUBJECT: RESCIND RESOLUTION 2002 -25 AND ADOPT ANEW RESOLUTION
GOVERNING THE DESIGN REVIEW PROCESS AND CLARIFYING THE ROLES
AND RESPONSIBILITIES OF THE ARCHITECTURAL CONSULTANT
RECOMMENDATION•
Rescind Resolution 2002 -25 and adopt a new resolution (attached) governing the design review process
and clarifying the roles and responsibilities of the architectural consultant
BACKGROUND:
In January 2014, two members of the Town Council requested Council consideration of the role and
designation of the Town's Consulting Architect. In February 2014, the Town Council discussed the
Council members' request and unanimously added the following item to the 2014 —16 Strategic Goals:
Review role of Consulting Architect
On April 21, 2014, the Town Council held a Study Session to review the history of the Town's use of an
architectural consultant and to provide policy direction on a variety of possible changes. Following staff
presentation, public comment and Council discussion, the unanimous Council action was as follows:
"To return Resolution 2002 -25 back to staff for revisions that include elimination of
the presumption in Section B and to include wording that the architectural consultants
shall be a consultant to the Town, its Planning Commission, and Town Council, and to
return to the Planning Commission for review and recommendations before returning
to Council."
PREPARED BY: GREG LARSON
Town Manager
Reviewed by: Assistant Town Manager Town Attorney Finance
NAMGR\AdminWorkFiles12o14 Comcil ReportsVuue2\ Consulting Architect \6- 2- 14 Consul[' ArchitectWdificationR
Consulting eport.doc
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: RESCIND RESOLUTION 2002 -25 AND ADOPT A NEW RESOLUTION
GOVERNING THE DESIGN REVIEW PROCESS AND CLARIFYING THE ROLES
AND RESPONSIBILITIES OF THE ARCHITECTURAL CONSULTANT
MAY 27, 2014
Note that the Council modified the action above on May 5, 2014 to delete the return to the Planning
Commission prior to Council review and action.
ANALYSIS:
Attachment 1 is the revised architectural consultant resolution recommended for adoption pursuant to
Council direction on April 21, 2014, as well as other clean-ups to the resolution and policy. Attachment
2 is a red -line version of the same policy showing the changes from the prior Resolution 2002 -25.
In addition, given the Council's further direction on April 21, 2014, Attachment 3 is a new form to be
used by staff with applicants explaining the community development decision making process and the
discretion of the Town Council and/or Planning Commission. If the proposed resolution is adopted,
copies of the new policy and form will be provided to the Planning Commission for inclusion in the
Planning Commission Handbook. This item would also be discussed under "Report from the Director"
to ensure the Commission has an opportunity to ask questions regarding the implementation of the
updated resolution.
FISCAL IMPACT:
None, as both the existing and recommended policy provide for full Town cost recovery through
charges for services paid by project applicants.
CEOA REVIEW:
None required.
Attachments:
1. Revised Architectural Consultant Resolution
2. Red -line version of the same policy showing the changes from the prior Resolution 2002 -25
3. Community Development Application Process Agreement
RESOLUTION 2014
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GOVERNING THE DESIGN REVIEW PROCESS AND CLARIFYING
THE ROLES AND RESPONSIBILITIES OF THE ARCHITECTURAL CONSULTANT
AND RESCINDING RESOLUTION 2002 -25
WHEREAS, the Town of Los Gatos Town Council has determined that there is a need to
modify the Town's design review process last adopted in 2002; and
WHEREAS, a goal of the Town is to ensure full public and policy maker consideration of
design alternatives; and
WHEREAS, the use of an architectural consultant will assist in achieving architectural
excellence; and
WHEREAS, architectural consultants have been and will be engaged by the Town to review
the architecture for development proposals at the expense of project applicants;
WHEREAS, the architectural consultant is highly qualified to review and critique
architecture and will work with applicants, Town staff and policy makers to ensure that proposed
development projects are compatible with their site and surroundings;
THEREFORE, BE IT RESOLVED by the Town Council that the following policies shall
govern the architectural review process:
A. The architectural consultant will review plans and provide guidance to applicants, Town
staff and policy makers to ensure plans are in compliance with applicable design
standards and guidelines, specific plans and the General Plan. Staff reports on projects
that are reviewed by the architectural consultant will include any recommendations
or alternatives presented by the architectural consultant and plans that have been
revised to incorporate those recommendations.
B. Town staff, the Planning Commission and the Town Council will consider the
architectural consultant's recommendations or alternatives as one aspect of the staff
report on any proposed development project.
ATTACHMENT 1
C. Town staff, the Planning Commission and the Town Council should give
courteous regard and respect to the professional expertise of the consulting
architect.
D. Whenever possible, Town staff, the Planning Commission and the Town Council
should develop conditions of approval to address issues that surface during a public
hearing rather than continuing an application and requiring an applicant to return
with revised plans.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2'd day of June, 2014,
by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
RESOLUTION 20022014 -2+_
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GOVERNING THE DESIGN REVIEW PROCESS AND CLARIFYING
THE ROLES AND RESPONSIBILITIES OF THE TOWN PLANNING COMMISSION
A,W ARCHITECTURAL CONSULTANT AND RESCINDING RESOLUTION 2002 -25
WHEREAS, the Town of Los Gatos Town Council has determined that there is a need to
modify the Town's design review process last adopted in 2002; and
WHEREAS, a goal of the Town is to nsure full public
and policy maker consideration of design alternatives; and
WHEREAS, the use of an architectural consultant will
assist in achieving architectural excellence; and
hasarchitectural consultants have been and will be-l)een hired - engaged by the Town to review the
architecture for development proposals at the expense of proeect applicants;
WHEREAS, the architectural consultant is highly qualified to review and critique
architecture and will work with applicants. Town staff and policy makers to design -ensure that
proposed development projects that are compatible with their site and surroundings; and
THEREFORE. BE IT RESOLVED, the Town Council that the following policies shall
govem the architectural review process:
A. The architectural consultant will review plans and provide guidance to applicants,
Town staff and policy makers to ensure plans are in compliance with applicable
design standards and guidelines, specific plans and the General Plan. IStaff
reports on projects that are reviewed by the Planning Geminis architectural
consultant will include the reeammetida4oiiis any recommendations or
alternatives presented by -the architectural consultant and plans that have
been revised to incorporate those recommendations.
ATTACHMENT
B. The -Town stab, the Planning Commission and the Town Council will consider the
architectural consultant's recommendations or alternatives as one aspect of the staff
report on any proposed development nroiectm-uist Fnadke ane of the following findings
C. T4iL -Town staff, the Planning Commission and the Town Council should give
courteous regard and respect to the professional expertise of the consulting
architect. Rather than vcvJVira the design rdetail of proPoSw- prcjww, the ........::b
GeRifnission should look for- trands in the design of proposed pFojee6 that refleet the
need for ehanges to the design standaMs. When ehanges to design standaMs
needed, the Planpiing Geffifnission should request that staff initiate ehanges a
appfopriate a Fettim to the Planning Commissian with r-evised s
standafds that address the afeas of eaneem.
D. Whenever possible, Town staff, the Planning Commission and the Town Council
should develop conditions of approval to address issues that surface during a
public hearing rather than continuing an application and requiring an applicant to
return with revised plans.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the +' day
of MwehJune, 20922014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS
GATOS
LOS GATOS, CALIFORNIA
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Community Development Application Process Agreement
This document explains the decision - making process used by the Town of Los Gatos for all land -use related
applications and permits being considered by the Community Development Director, Historic Preservation
Committee, Development Review Committee, Planning Commission, and /or the Town Council. All applicants
and their representatives are required to read, understand, acknowledge and sign this disclosure prior to
their application being deemed complete and ready for consideration.
All applications and permits presented to the Town are decided solely at the discretion of the
appropriate decision - making body, including General Plan amendments, Zoning changes, Planned
Developments, Conditional Use Permits, and /or other land use actions. Staff and consultant
recommendations, including those of the consulting architect, are in no way limiting on or indicative of
any subsequent decision or direction from the Community Development Director, Historic Preservation
Committee, Development Review Committee, Planning Commission and /or the Town Council.
Staff and consultant recommendations are based solely on the application of the Town's General Plan,
Zoning and other ordinances, Specific Plans, Guidelines, adopted policies, and prior Council and Planning
Commission decisions after the completion and submission of final plans, technical studies, consultant
reviews, and the like. Preliminary or incomplete assessments cannot be relied on for final determinations
and recommendations. Staff's role is professionally neutral, not to advocate for or support the interests of
the applicant, but to ensure compliance with the aforementioned policy direction and to consider the
proposed development's impacts on both the immediate neighborhood and the broader community.
Town Council policy prohibits the Planning Commission from discussing pending land use applications with
either the proponents or opponents of said application. Applicants and their representatives are
prohibited from directly or indirectly contacting or communicating with Planning Commissioners
regarding the application except through public submittals and public hearing(s).
For Planning Commission matters appealed to the Town Council, the Town Council must make one of the
following findings to reverse or modify a Planning Commission decision:
1. There was an error or abuse of discretion on the part of the Planning Commission;
2. New information was presented to Council that was "not readily or reasonably available" for
submission to the Planning Commission *; or
3. There was an issue or policy which the Council must decide, not the Planning Commission.
*Unless the new information has minimal effect, the application is returned to the Planning Commission
with the new information.
The undersigned Town staff representative has provided and discussed this document with the applicant
and the applicant's representatives:
Town Staff Member: DATE:
Applicant: Property Owner.
Architect: Business Owner.,
Legal
ATTACHMENT 3
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