Adopt New Reso Rules re Architectural Consultants�pWM p
SOS eASps
DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
JUNE 16, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 06/16/14
ITEM NO. ! a
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
RECOMMENDATION:
Rescind Resolution 2002 -25 and adopt a new resolution governing the desigri 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 to have
staff revise Resolution 2002 -25 pertaining to the architectural consultant as follows:
• `Elimination of the presumption in Section B;" and
• "Include wording that the architectural consultants shall be a consultant to the Town, its
Planning Commission, and Town Council."
On June 2, 2014, the Town Council received and considered a new resolution following the Council's
prior direction. At that meeting, the Vice Mayor proposed additional clarifications to the proposed
resolution as well as new matters not previously directed by the Town Council, and the matter was
continued to the June 16, 2014 Council meeting.
Reviewed by: Assistant Town Manager —Mown Attorney
Community Development
NAMGRWdminWorkFi1es12014 Comcil ReponsVme 16\Consul[ing Architect \6 -16 -14 Consulting Architect Modification Report.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
JUNE 16, 2014
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. The only
change to the recommended policy from the one presented on June 2 is clarifying in Section A
that the applicant's plans reviewed by the architectural consultant will be presented to the
Planning Commission and /or Town Council along with the architectural consultant's
recommendations and any subsequent revised plans. Attachment 2 is a red -line version of the
same policy showing the changes from the prior Resolution 2002 -25.
Attachment 3 is an alternative architectural consultant resolution provided by the Vice Mayor during
the June 2 Council meeting, along with Attachment 4 as a red -line version showing the alternative
changes from the proposed policy recommended pursuant to Council direction on April 21, 2014.
The primary differences between the proposed and the alternative policies are as follows, with stairs
response to each:
• Use more permissive "may" instead of "will" throughout the resolution.
Staff used "will " because of the Council's action specking "shall, " but does not believe a
change to the more permissive "may" would have any problematic impacts.
Require inclusion of an applicant's "original plans" submittal to the Planning
Commission and/or Town Council (Section A).
Applicant's plans often go through many revisions prior to Planning Commission or Town
Council consideration to ensure compliance with building, fire and zoning codes, as well
as parking standards, design guidelines and other policies. The original submittal maybe
significantly different from the proposed project reviewed by the architectural consultant.
Staff has modified the proposed resolution in Section A to clarify that the Planning
Commission and/or Town Council would receive both the plans reviewed by the
architectural consultant as well as any revised plans based on the architectural
consultant's recommendation.
• Add back a requirement that findings be made to approve designs other than as
recommended by the architectural consultant (Section C).
This appears contrary to the April 21, 2014 Council direction regarding "elimination of
the presumption in Section B, " but could certainly be applied has it has in the past.
Provide for architectural consultant presence at and participation in Planning
Commission and /or Town Council meetings as requested (Section D).
This can certainly be accommodated with or without any changes to the resolution, but will
entail additional costs to the applicants for the architectural consultant's time at the
meetings, or delays if matters must be continued to a future meeting when the architectural
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
JUNE 16, 2014
consultant is available. If the Council decides to include this in the adopted resolution, then
direction should also be provided as to whom may request the Consulting Architect's
Presence and participation: staff, individual Commissioners or Council members, members
of the public, or only a majority of the Planning Commission or Town Council.
CONCLUSION:
The Council may adopt the proposed resolution provided in response to the April 21, 2014 action
(Attachment 1), adopt the alternative resolution (Attachment 3), or provide additional direction as to
further changes to be included in a new resolution to be considered at a Council meeting in August.
FISCAL IMPACT:
None, as both the existing and proposed policy provide for full Town cost recovery through charges
for services paid by project applicants.
CEOA REVIEW
None required.
Attachments:
1. Proposed Resolution in response to April 21, Council Direction
2. Red -line version of Proposed Resolution against existing Resolution 2002 -25
3. Alternative Resolution
4. Red -line version of Alternative Resolution against proposed Resolution
THIS PAGE
INTENTIONALLY
LEFT BLANK
PROPOSED RESOLUTION PER COUNCIL DIRECTION
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 with
the applicant's reviewed plans, as well as any revised plans submitted by the
applicant in response to the architectural consultant's recommendations.
ATTACHMENT 1
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.
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 10h 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
PROPOSED RESOLUTION PER 4121 COUNCIL — REDLINED AGAINST RES. 2002 -25
RESOLUTION 20022014 -25_
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GOVERNING THE DESIGN REVIEW PROCESS AND CLARIFYING
THE ROLES AND RESPONSIBILITIES OF THE
AND 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' _° ° ° ° °- °°g,i°° •• hil
ssist in achieving architectural excellence; and
hasarchitectural consultants have been and will be-bem hired- engaged by the Town to review the
architecture for development proposals at the expense of proiect applicants;
WHEREAS, the architectural consultant is highly qualified to review and critique
architecture and will work with applicants; 'I own staff and policy makers to desigrensure that
proposed development projects that are compatible with their site and surroundings; and
THEREFORE. BE IT RESOLVEDi 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. Re{�Staff
repgLts on projects that are reviewed by the Nanning Commis °architectural
consultant will include thp, -° m°na .dationsany recommendations or
alternatives presented by the architectural consultant with the applicant's
ATTACHMENT 2
reviewed plans, as well as any revised plans submitted by the applicant in
response to the architectural consultant's recommendations. and plans that have
been revised to ineer-pefate these Feeemmendefiess
B. The-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 projectmu9t make ane of the fallewing findings
Y
C. T-ie-Town staff, the Planning Commission and the Town Council should give
courteous regard and respect to the professional expertise of the consulting
architect.
G,en,nnis;sien should look faf tFends in the design of pfoposed prejeets that Izeflest dle
need feF ehanges to the design standards. When ehanges to design standards
needed, the Planning Gammissian should request that staff initiate ehanges as
appropriate and «et..ffl to the planning !`,.......ission with revised design
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 0 -16" day
of N4afehJune, 29022014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
=911L"p
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS
GATOS
LOS GATOS, CALIFORNIA
THIS PAGE
INTENTIONALLY
LEFT BLANK
ALTERNATIVE RESOLUTION
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 may assist applicants, Town staff, and
decision - makers in achieving architectural excellence in designs submitted to the Town for
review; and
WHEREAS, architectural consultants have been used in the past and may be engaged by
the Town to review the architecture for development proposals at the expense of project
applicants;
WHEREAS, the architectural consultant is qualified to review and critique
architecture and may be requested to work with applicants, Town staff and decision makers to provide
input on designs which have been submitted to the Town, to answer questions about the submitted
design and/or design alternatives, and otherwise serve as a resource to decision makers;
THEREFORE, BE IT RESOLVED by the Town Council that the following policies shall
govern the architectural review process:
A. The architectural consultant may review plans upon request and provide input
regarding the plan's consistency with applicable design standards and guidelines,
specific plans and the General Plan. Staff reports on projects that have been
reviewed by the architectural consultant will include any recommendations or
ATTACHMENT 3
alternatives presented by the architectural consultant, and any alternative,
including the original design, submitted by the applicant.
B. Town staff, the Planning Commission and the Town Council may consider the
architectural consultant's recommendations or alternatives as one of a number of
factors used in the consideration of any development project submitted to the Town.
C. Town staff, the Planning Commission and the Town Council may use their
independent discretion in evaluating the recommendations of the
architectural consultant, and may reject those recommendations upon making
findings that alternative designs meet all applicable Town Design Guidelines,
ordinances, specific plans and the General Plan.
D. Whenever possible, the Planning Commission and/or the Town Council should seek
input from the architectural consultant, if requested to attend the hearing, and use that
input to address and resolve design issues that arise during the hearing in order to
craft motions to deny, continue with direction to revise, or to approve with
appropriate conditions.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the I e 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
THIS PAGE
INTENTIONALLY
LEFT BLANK
ALTERNATIVE RESOLUTION- REDLINED AGAINST PROPOSED RESOLUTION
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 -may assist applicants, Town staff,
and decision - makers in achieving architectural excellence in designs submitted to the Town for
review; and
WHEREAS, architectural consultants have been used in the past and w4mav 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 may be requested to work with applicants, Town staff and pahey decision makers
to rp ovide
input on designs which have been submitted to the Town, to answer questions about the submitted
design and/or design alternatives and otherwise serve as a resource to decision makers;
THEREFORE, BE IT RESOLVED by the Town Council that the following policies shall
govern the architectural review process:
A. The architectural consultant will-mav review plans upon request and provide
input re ag rding the
plans are in eamplianee plan's consistency with applicable design standards and
guidelines, specific plans and the General Plan. Staff reports on projects that are
ATTACHMENT 4
have been reviewed by the architectural consultant will include any
recommendations or alternatives presented by the architectural consultant with
the applieani's fe�,,ie-A ed Plans, as well as an), rv-Ased plans
applieant in response h eensultant*s feeommendations.and any
alternative, including the original design submitted by the applicant
B. Town staff, the Planning Commission and the Town Council w4ma y L consider the
architectural consultant's recommendations or alternatives as one aspeet of the staff
FepaA an ", proposed Elevelopmew f a number of factors used in the
consideration of any development project submitted to the Town
C. Town staff, the Planning Commission and the Town Council should
a~ -may use their independent discretion in evaluating the
recommendations of the architectural consultant and may reject those
recommendations upon making findings that alternative designs meet all
applicable Town Design Guidelines ordinances specific plans and the
General Plan.
D. Whenever possible, Fown staW the Planning Commission and/or the Town Council
should deN,ejap eanditions of approvaj to address issues that suffaee during
seek input from the arehitectural consultant if requested
to attend the hearing and use that input to address and resolve design issues that
arise during the hearing in order to craft motions to deny, continue with direction to
revise or to approve with appropriate conditions
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16th day of
June, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Urazl"
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIS PAGE
INTENTIONALLY
LEFT BLANK