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Consider the Recommendations of the Policy Committeetowx u MEETING DATE: 04/07/15 ITEM NO: 3 08 Qptos COUNCIL AGENDA REPORT DATE: APRIL 2, 2015 TO: TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANA SUBJECT: CONSIDER THE RECOMMENDATIONS OF THE POLICY COMMITTEE TO: A. APPROVE THE REVISED COMMISSION APPOINTMENTS POLICY, AND B. ADOPT A RESOLUTION TO RESCIND THE FOLLOWING RESOLUTIONS AND THEIR ASSOCIATED POLICIES: i. RESOLUTION 2002 -175: COMMUNITY BENEFIT POLICY; ii. RESOLUTION 1994 -78: STANDARDS FOR OUTDOOR RESTAURANT SEATING; AND iii. RESOLUTION 1995 -105: INTERIM POLICIES FOR DEVELOPMENT APPLICATIONS ALONG LOS GATOS BOULEVARD FROM SPENCER AVENUE TO ROUTE 85 RECOMMENDATION: Consider the recommendation from the Policy Committee to: 1. Approve the revised Commission Appointments Policy, and 2. Adopt a resolution to rescind the following resolutions and their associated policies: a. Resolution 2002 -175: Community Benefit Policy; b. Resolution 1994 -78: Standards for Outdoor Restaurant Seating; and c. Resolution 1995 -105: Interim Policies for Development Applications along Los Gatos Boulevard from Spencer Avenue to Route 85 BACKGROUND: The Policy Committee is continuing to evaluate existing Council Policies to determine if specific policies should be validated, revised, or rescinded. At its meeting of March 19, 2015, the Policy Committee identified a minor change needed to the recently validated Commission Appointments Policy. At the February 26, 2015 Policy Committee meeting, it began its review of and recommendations for land use policies. The recommendations to the Council from both of these Policy Committee meetings are the subject of this report. PREPARED BY: LAUREL R. PREVETTI Assistant Town Manager /Commu A rector Reviewed by: N/A Assistant Town Managelaut Town Attorney Finance NAMGR \AdminWorkFiles\2015 Council Reports\April 7 \TC Report for Policy Comm Rec PAGE MAYOR AND TOWN COUNCIL SUBJECT: TOWN COUNCIL POLICIES APRIL 2, 2015 DISCUSSION: Revise Commission Appointments Policy On March 3, 2015, the Town Council validated the Commission Appointments Policy. The Policy provides that no person should be appointed to more than one Commission unless they are serving as a representative of their Commission on joint committees such as the General Plan Committee. The purpose is to ensure the greatest participation by the public in the Town's Boards and Commissions. Also on March 3, 2015, the Council adopted a resolution establishing a Bicycle and Pedestrian Advisory Commission. The composition of the Commission includes a member of the Youth Commission, Parks Commission, and Transportation and Parking Commission. At its March 19, 2015 meeting, the Policy Committee recommended unanimously that the Commission Appointments Policy be revised to recognize that Commissioners may serve as representatives of their Commission who have been appointed by the Town Council (see Attachment 1). Rescind Council Policies At the February 26, 2015 Policy Committee meeting, the Committee concluded that three Council Policies are no longer needed and should be rescinded as they are outdated and /or no longer needed: 1. Community Benefit Policy: This Council Policy is outdated and does not meet the original intent of the Town Council. 2. Outdoor Restaurant Seating Standards: The standards are no longer needed as the State Department of Alcoholic Beverage Control has parameters that address outdoor seating. 3. Interim Policy for Development Applications along Los Gatos Boulevard from Spencer Avenue to Route 85: In 1997, the Council adopted the current Los Gatos Boulevard Plan, "A Comprehensive Long Term Plan to Enhance Los Gatos Boulevard;" however, Resolution 1995 -105 was never rescinded. Other Community Development Department (CDD) Documents In addition to reviewing the policies referenced above, the Policy Committee reviewed its first set of internal Community Development Department documents and concluded that three of them were no current and should be removed from the materials that may still be used by staff and/or the public: • CC &Rs Review Standards: This is a draft document dated January 10, 1985 and was used as an informational hand -out on the review process of Covenants, Conditions and Restrictions (CC &Rs). The Policy Committee unanimously approved to remove this document from the CDD documents because the State of California has jurisdiction over CC &Rs. • Waste Reduction in Restaurants Standards: This document is an exhibit to an unidentified report, possibly a Planning Commission report. The Policy Committee unanimously approved to remove PAGE MAYOR AND TOWN COUNCIL SUBJECT: TOWN COUNCIL POLICIES APRIL 2, 2015 DISCUSSION (Continued): this document from the CDD documents as waste reduction was one of the purposes of the recently adopted Polystyrene Ordinance. Kitchen Definition: This is a Planning Department Policy that provided a definition of "kitchen' as applicable to the review of projects by Planning Department staff. The intent of this Policy was to prevent homeowners from converting spaces, such as attics, into livable /rentable spaces. The Policy Committee unanimously recommended the removal of this internal policy because it is no longer needed in light of the support of secondary units as evidenced by the Housing Element Advisory Board work. Attachment 3 contains each of these documents. Since the documents are not Council - approved documents, no formal Council action is needed to delete them; however, the Policy Committee wanted to bring them to the full Council's attention and to document that they are no longer in use. CONCLUSION: The Policy Committee recommendations should be considered and approved by the Town Council. ALTERNATIVES Not Applicable. COORDINATION The Town Manager's Office, Community Development Department, and the Town Attorney's Office supported the Policy Committee as it discussed these policies and recommendations. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: No financial impact associated with this recommendation. Attachments: 1. Revised Commission Appointments Policy 2. Draft resolution to rescind three Policies as contained in Exhibit A to this resolution 3. Other Internal CDD Documents (CC &Rs Review Standards, Waste Reduction in Restaurants Standards, and Kitchen Definition) Title: Commission Appointments Date: Approved: Pukpbw Policy Number: 2 -11 6/13/94; 6/16/14, 4 /xx/l5 To establish a policy to encourage participation by the Town's residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions "). The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Commission and Commissioners /Committee and Board Members (Commission members), and conducting public interviews of all Commission applicants, except as provided for in this Policy. WgF ... '"w€a'T;r Gibts37r This Policy applies to all applicants to Town Boards, Commissions and Committees. ,• s �+� n �i', .. ° 7:n� :. n al �n� .w"�4'�; wiz. rc >.. C.. .. �... .. :,... J Stu =�a' The Town Council encourages public participation in all decision making. To be successful in achieving public participation, residents must be assured that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply. Public interviewing of the applicants by the Town Council demonstrates that the Council values these appointments and that everyone has an equal opportunity to be appointed. To ensure the greatest possible participation by the public, it is the Town's policy that no person shall be appointed to more than one Commission except in those cases where they are ex- officio members of other Boards, Commissions and Committees. This Policy does not apply to Commission members serving as representatives of their Commission an feint Committee who have been appointed by the Town Council (Revised on 4 /xx /15) ATTACHMENT 1 Title: Commission Appointments PROCEDURES Page: Poll 2 of 4 1 2 -11 The following procedures will be followed by the applicant, the Town Clerk Administrator and the Town Council for the appointment of applicants to Town Commissions: Responsibility and Actions: Town Clerk Administrator A. Annual Recruitments Commission members' terms begin on January 1, with the exception of the Student Commissioners, whose terms begin on September 1. The Town Clerk Administrator shall perform the following duties in conducting an annual recruitment for Commission members: 1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the recommended date of interview. 2. Advertise the vacancies, including the application deadline and the interview date, which shall be set for the second Town Council meeting in December. 3. Prepare and maintain easily understood applications for appointment to Commissions. Applications shall include the following policy information: a. Prior to initial appointment to any Commission, non - incumbent applicants must be interviewed by the Town Council. The applications of those not appearing will be held for the next recruitment. b. If an incumbent is requesting reappointment to a Town Commission, the incumbent will be re- interviewed, or must submit a letter for distribution to the Council prior to the interviews, describing the reason why the applicant cannot be present for an interview and why the applicant should be reappointed to the Commission. Incumbent interviews by telephone may be considered under extraordinary circumstances. c. Submissions deadlines are mandatory; no exceptions are permitted. d. Applicants may apply to multiple Commissions, and will only be considered for those Commissions to which they apply. Applicants applying for more than one Commission will only be interviewed once. 4. Applicants a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment. Title: Commission Appointments Page: Policy Number: 3 of 4 1 2 -11 b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee prior to the interviews for appointment. 5. Notify the applicant by letter or email as to the date and time of the interview. 6. Facilitate the Council voting process by informing Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This process does not apply to student applicants. 7. Applicants a. For adult applicants — After the interviews and Council vote are completed, notify all applicants of the Council's action, and explain Town policy of keeping application active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For student applicants —After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at an official Town Council meeting. B. Mid -Term Recruitments During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Town to conduct a mid -term recruitment to fill seats. To the extent possible, the Town Clerk Administrator will consolidate mid -term recruitments to minimize the number of recruitments occurring though the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid -term recruitment. Mid -term recruitments will not be conducted for student commissioners. The Town Clerk Administrator shall advertise mid -term vacancies on Commissions for at least 15 days. Responsibility and Action: Applicant Complete and submit to the Town Clerk Administrator the application for appointment to a Town Commission. 2. For adult applicants: Attend the Council meeting to be interviewed for Commission appointment For student applicants: Attend the Council Selection Committee interview session. 3. If a Commission member is requesting reappointment to a Town Commission and cannot be present for the interview, submit a letter to the Town Clerk Administrator by Friday Page: Policy Number: Title: Commission Appointments 4 1 2 -11 prior to the interview, describing why applicant cannot be present for the interview and why the applicant should be reappointed to the Commission. 4. If appointed, prior to starting the Commission term, see Town Clerk Administrator to take "Oath of Office" and file any documents required by the Fair Political Practices Commission. 5. Attend Commission meetings once term begins. 6. Read the Commissioner Handbook. Responsibility and Action: Town Council 1. Review applications. 2. For adult applicants — Interview applicants at a public meeting. For student applicants — Town Council Selection Committee interviews applicants. 3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment. 4. If there are limited applications for any vacancy to a Town Commission, the Mayor, on behalf of the Council, may request that the Town Clerk Administrator re- advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date. APPROVED AS TO FORM: Robert Schultz, Town Attorney N:VNGRWdmmWorkFiles120l5 Council Reports\April TCommission Appointments Policy RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO RESCIND RESOLUTION 2002 -175: COMMUNITY BENEFIT POLICY; RESOLUTION 1994 -78: STANDARDS FOR OUTDOOR RESTAURANT SEATING; AND RESOLUTION 1995 -105: INTERIM POLICIES FOR DEVELOPMENT APPLICATIONS ALONG LOS GATOS BOULEVARD FROM SPENCER AVENUE TO ROUTE 85 WHEREAS, the Town Council is responsible for establishing municipal policies that provide clear direction for process and procedures by which the Council and staff shall conduct business and activities; and WHEREAS, examples of these policies include the Town Code, Town Council Policies, General Plan, Design Guidelines, and Area Plans; and WHEREAS, the many benefits of having established policies includes greater consistency as well as more government transparency and accessibility by the public, the Council and staff, and WHEREAS, the Policy Committee reviewed the following three Council Policies and recommended the rescission of all three at its February 26, 2015 meeting: Standards for Outdoor Restaurant Seating (established by Resolution 1994 -78); Community Benefit Policy (established by Resolution 2002 -175); and Interim Policies for Development Applications along Los Gatos Boulevard from Spencer Avenue to Route 85(established by Resolution 1995 -105); and WHEREAS, these Council Policies have been deemed obsolete, redundant and/or incorporated into other existing Council Policies. NOW, THEREFORE, BE IT RESOLVED THAT, the Town Council of the Town of Los Gatos does hereby rescind Resolution 2002 -175: Community Benefit Policy; Resolution 1994 -78: Standards for Outdoor Restaurant Seating; and Resolution 1995 -105: Interim Policies for Development Applications along Los Gatos Boulevard from Spencer Avenue to Route 85 attached hereto as Exhibit A. ATTAcUMENT 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 7`n day of April, 2015 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA \. DI't RI_50 , 2015 Rc,o to Rr,ond 1 hir, R,,o, and P,,hciis.dm RESOLUTION 2002 -175 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE TOWN'S COMMUNITY BENEFIT POLICY WHEREAS, that the Town of Los Gatos Town Council has determined that a written policy clarifying the requirement for a community benefit offering is necessary (General Plan Implementing Section L.I.1.8); and WHEREAS, the Town of Los Gatos does not currently have a written policy clarifying the Town Resolution 1991 -174 and Resolution 1993 -62, requirements for a community benefit offering, and WHEREAS, the Resolution 1991 -174 (Traffic Impact Policy) and Resolution 1993 -62 (Development Policy for Infill Projects) require a community benefit offering for certain projects; and WHEREAS, adoption of such policies will help provide clear direction to developers processing development applications (General Plan Implementing Section L.I.l.8); and WHEREAS, the Planning Commission recommended approval of the draft Community Benefit Policy on September 25, 2002; and THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS does hereby adopt the Community Benefit Policy attached hereto as Exhibits A. EXIIBIT p oltAffac6ment 2 PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4" day of November 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton Sandy Decker Joe Pirz y nski NAYS: ABSENT: ABSTAIN: ATTEST: , Mayor Randy Attaway Steve Glickman None None MAYOR OF TOWN OF OS GATOS OS GATOS, CALIFORNIA SIGNED: CLERK OF THE TOWN OF I.OS GATOS LOS GATOS, CALIFORNIA 04 L . 1 TOWN COUNCIL POLICY TOWN OF LOS GATOS Subject: Community Benefit Policy Page 1 of 3 Approved: Recommended By Planning Commission on 9/25/02 PURPOSE: Enabling Action: 2002-175 Effective Date: November 4, 2002 The intent of the Community Benefit Policy is to provide the Town a means to support projects that are beneficial and desirable to the community, but may have certain negative impacts. These impacts are generally unavoidable or unintended consequences of new development, such as traffic, that cannot be entirely avoided through standard conditions of approval. Negative impacts may be overridden by benefits offered to the Town by an applicant. A community benefit offering is intended to add to the merits of a project. It is not intended to create a means for applicants to transform undesirable projects into projects that appear to be desirable due to their community benefit. Rather, it is intended to provide applicants, who are already proposing projects that are generally beneficial to the Town, a means of offsetting the negative impacts of these projects. A community benefit offering shall be something that otherwise would not have been required by law or as a condition of approval for a project. A specific community benefit offering cannot be compelled by the Town. It must be proposed by the applicant in addition to the standard conditions of approval and any required mitigation measures for a project. Mitigation measures such as fees, dedications, or easements required by the Town do not qualify as a community benefit. The following policy shall be used by the deciding body when reviewing any application that: (1) causes an increase of 5 peak hour trips per Resolution 1991 -174; or (2) is considered an infill project per Resolution 1993 -62. GENERAL POLICY: 1. The applicant shall propose the community benefit offering, and is responsible for demonstrating that the community benefit being offered is appropriate to offset a project's impacts. The applicant shall submit a letter of justification and any other supporting documentation necessary to clearly outline the proposed community benefit. Subject: Draft Community Benefit Policy September 25, 2002 Paget of 3 2. The community benefit shall be offered in addition to the standard mitigation measures required in the conditions of approval and in excess of any Town's codes and regulations including California Environmental Quality Act (CEQA). However, a specific community benefit cannot be compelled by the Town. 3. The community benefit offering does not need to correlate directly with the project or with the project's impacts. The benefit may be off -site or unrelated to the project. 4. The deciding body shall determine whether or not the community benefit being offered sufficiently outweighs the cumulative impacts caused by the project. Both tangible impacts (quantitative) and the intangible impacts (non - quantitative) will be considered. 5. The deciding body shall weigh the value of the proposed community benefit based on the desirability of the benefit at the time the project is being proposed or based on perceived future value or need. 6. The Town's values, economy, and character may change over time, therefore a previously accepted community benefit does not set a precedence or guarantee that the same community benefit will be accepted in the future. A previously accepted benefit may be drawn upon as an example, but might not be accepted as a benefit in the future if the Town determines that the benefit is no longer necessary, valuable, or desirable. Applicants should refer to the Town's official needs assessment list or to a list of previously accepted community benefits. (Please see attached lists) Tax revenue generation resulting from the proposed project cannot be used as the project's sole community benefit. Tax revenue generation may be used as a community benefit in addition to another proposed benefit. It may also be used in the context of increasing the overall value of the project to the Town if it contributes to the Town's long term financial stability. SPECIFIC POLICY: The following is a- partial list of examples that an applicant may draw upon when seeking to create community benefit for a project: • additional BMP units or equally affordable housing units • improved traffic circulation or reduction of traffic • street or neighborhood improvements • historic preservation or restoration • public art • open space, conservation, or scenic easements and other dedications c t Subject: Draft Community Benefit Policy September 25, 2002 Page3 of 3 • bike/walking trails • mitigation or elimination of an existing problem • restoration of a riparian habitat or water course • a demonstrated unique or desirable use for the Town Community Benefit: An offering of benefit to the Town proposed by an applicant, in addition to the standard mitigation measures required by the Town, that overrides certain negative impacts resulting from an infill project or a project that generates more than five (5) peak hour trips. WLNI1402. l#M"d This Page Intentionally Left Blank RESOLUTION 199478 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING STANDARDS FOR OUTDOO t RESTAuRAN T SEATING WHEREAS, outdoor restaurant seating can be an enjoyable experience, the orderly placement and aesthetics must be regulated to protect the public health, safety and welfare. - - -- —_ — are adopted. -. -- gSOLVED: Exhibit A, the Standards for Outdoor Restaurant Seating p PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6th day of June, 1994, by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA sys91.\a.\z=\outdooatd STANDARDS FOR OUTDOOR RESTAURANT SEATING. 1. Outdoor seating is prohibited on public property. Outdoor seating may be allowed on private property with a conditional use permit. 2. A physical delineation in the form of landscaping or planters is required to separate public and private property, The height of the separation shall be a minimum of three feet but no higher than four feet. The physical design and plant material 'should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area. Plant material shall be alive. 3. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation shall be designed to clearly suggest that alcohol is not allowed outside the restaurant seating area. 4. For outdoor seating areas immediately adjacent to the public right- of- way, a hold harmless agreement shall be recorded releasing the Town from any liability related to the outdoor seating. S. When alcoholic beverage service is permitted outside, a restaurant employee shall seat patrons. syd2 \c \m1st \outdoorsta RESOLUTION- 1995 -105 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE INTERIM POLICIES FOR DEVELOPMENT APPLICATIONS ALONG LOS GATOS BOULEVARD FROM SPENCER AVENUE TO ROUTE 85 WHEREAS, the Town of Los Gatos is involved in a major study of Los Gatos Boulevard; WHEREAS, applicants are anxious to move forward with development plans which may or may not be consistent with the standards and policies that will result from the Los Gatos Boulevard Design Study. RESOLVED, the Town Council of the Town of Los Gatos hereby establishes the following. interim policies for development applications along Los Gatos Boulevard from Spencer Avenue to Route 85. 1. Each applicant shall be responsible for reviewing the proceedings of the Los Gatos Boulevard Design Charette in the booklet titled "A Vision for Los Gatos Boulevard" and determining how those proceedings, the issues outlined during the Charette, and the concerns of the residents, businesses, and property owners along and behind Los�Gatos Boulevard affect applicant's proposed project. 2. Each application shall include a written description of how the proposed project and the process that was used to refine the proposal are consistent with the Los Gatos Boulevard Plan: Mission, Goals and Objectives. The description shall also address the issues outlined in "A Vision for Los Gatos Boulevard This description should be as.detailed as necessary to provide an in -depth explanation. The Town expects that each application will be a part of a dynamic study process for the Boulevard. 3. Applicants are encouraged to consider pre - application meetings with residents, businesses, and property owners along and behind Los Gatos Boulevard, so that they.may- better -- understarid the questions and concerns that exist. Results of any such meetings can be included as part of the description provided under Paragraph) j N:0EV �RES0S\LGBLVD3.MG0 4. Applicants shall be advised of the schedule and status of the Los Gatos Boulevard Design Study at the time they file an application, and applicants are encouraged to become active participants in that study process. FURTHER RESOLVED, Resolution 1995 -9 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7th day of August, 1995, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Patrick O'Laughlin NAYS: . None ABSENT: None ABSTAIN: None SIGNED: /s/ Patrick O'Laughlin MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NADEV\RES0S%LGBLVD3.MG0 -2- DRAFT January 10, 1985 PLANNING DEPARTMENT STANDARDS. .AR: —was Covenants, conditions and restriction documents are often submitted for review by the Town as a requirement of either the Zoning Ordinance or as a condition of approval. Such review shall be limited to only those provisions that may be in conflict with Town Code or with the terms of the project approval. Examples of areas of concern are as follows: 1. No sections in violation of the Zoning Ordinance 2. Ensure any special conditions of approval be placed on the project 3. No ban on clotheslines 4. Are C.C.& R.'s consistent with final map? 5. Is there a definition of a unit - same on title page of map as in C.C.& R.'s 6. Provisions for owners to dedicate or sell property - to avoid getting signature of every property owner 7. Is final map consistent with approved plans b. Maximum number of units in condo office building relative to parking (except in medical buildings) 9. What is assignment of parking spaces - no restrictions should be permitted. 10. Statement that to "rebuild to codes" in existence at time of rebuild. 11. Delete reference to City - should be Town. 12. Is definition of common and restricted common areas consistent? 13. Solar rights? (See attached) 14. Is project adequately identified (with project name and location) ATTACHMENT 3 rul ,67.�J /1�1 i,LC e ti 6 1 d: Provided that this covenant shall be subject to the linitations of the Solar Rights Act of 1978, including California Civil Code Section 714. STANDARDS FOR WASTE REDUCTION IN RESTAURANTS 1. All new restaurants that serve meals, shall be required to have a dishwasher and shall use reusable utensils, plates and cups. Reusable baskets with throw away liners are permined. 2. A meal is defined as a combination of food items selected from a metnt (breakfast, brunch, lunch or dinner). Food items such as donuts, muffins, bagels, juice, ice cream, yoghurt, coffee\ tea, appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) are not meals. 3. Existing restauzann without dishwashers shall be permitsed to continue but shall be encouraged to install dishwashers and use reusable utensils. 4. Food to go shall be placed in containers that are mach of recycled material. Food is defined as any food/drink product. SM111REFORMAECYCLE This Page Intentionally Left Blank f PLANNING DEPARTMENT POLICY TOWN OF LOS GATOS Subject. Page: DEFINITION OF IQTCSEN 1 OF t Section Number. Approved: Effective Date: Revised Date: Lw= E. BOWMAN, PLANNING DIRECTOR 2/28/92 PURPOSc This policy provides a definition of "IGtchen" as applicable to projects reviewed by the Planning Department. This Definition is provided with the intent to prohibit the unlawful conversion of accessory living space into either temporary or permanent living quarters. L POLICY • A kitchen is defined as having all three of the following appliances: • sink • refrigerator • built -in or counter top cooking facilities Additional appliances such as dishwasher or microwave ovens that may be combined with any two or three of the above appliances will constitute a kitchen. Wet bars are defined as utilizing a sink and /or refrigerator only, with the refrigerator not over 6 cubic feet in size. This Page Intentionally Left Blank