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Staff ReportMEETING DATE: 08/04/15 ITEM NO: COUNCIL AGENDA REPORT DATE: JULY 21, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANA SUBJECT: CONSIDER THE RECOMMENDATIONS OF THE POLICY COMMITTEE TO ADOPT A RESOLUTION TO RESCIND RESOLUTION 1983 -241: STANDARDS FOR SELF - SERVICE GAS STATIONS RECOMMENDATION: Consider the recommendation from the Policy Committee to adopt a resolution (Attachment 1) to rescind Resolution 1983 -241: Standards for Self - Service Gas Stations. BACKGROUND: The Policy Committee is continuing to evaluate existing Town policies to determine if specific policies should be validated, revised, or rescinded. At its meeting of June 10, 2015, the Policy Committee continued its review of and recommendations for land use policies. The recommendations to the Council from this Policy Committee meeting are the subject of this report. DISCUSSION: Rescind Council Resolution/Policy At the February 26, 2015 Policy Committee meeting, the Committee concluded that one Council resolution is no longer needed and should be rescinded: • Resolution 1983 -241: Standards for Self - Service Gas Stations: This Council Resolution is outdated and these issues are regulated by other laws (see Exhibit A to Attachment 1). PREPARED BY: LAUREL R. PREVETTI t4ad &WO - Assistant Town Manager /Community Development Director Reviewed by: N/A Assistant Town Manager Town Attorney Finance NSDEVATC REPORTS \2015VPolicyCommRecTC8 4.doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: POLICY COMMITTEE RECOMMENDATIONS JULY 21, 2015 Other Community Development Department (CDD) Documents In addition to reviewing the resolution referenced above, the Policy Committee reviewed its second set of internal Community Development Department documents and concluded that eight of them were no longer current and should be removed from the materials that may still be used by staff and /or the public: • Driveways Turnarounds and Turn Outs Serving Up to Two Single - Family Detached Units Standards and Specifications: These issues are governed by the Santa Clara County Fire Department. • Accessory Living Quarters Policies: This policy is no longer needed given the Housing Element action item to update the Town Code pertaining to secondary dwelling units. The Committee requested to review an annotated version of the proposed Code amendment regarding secondary units to incorporate a definition of accessory units. • Accessory Structures: This policy is no longer needed for the reasons stated above. • Assignment of Temporary Addresses for Vacant Lots: This policy is out of date and does not reflect the current practice of assigning addresses for vacant lots after the applicant completes the planning process. • Application Deemed Complete: This is an administrative policy that is out of date. • Demolition Application of a Single - Family Residence Policy: This is an administrative policy that is out of date. • Hillside Development Referral /Interpretations: These issues are addressed by the Hillside Residential Standards and Guidelines and the Single and Two Family Residential Design Guidelines. A separate policy is not needed. • Single - Family Residential Development Review Process Procedures: This information is out of date. Attachment 2 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. PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICY COMMITTEE RECOMMENDATIONS JULY 21, 2015 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. Draft Resolution to rescind Resolution 1983 -241 2. Other Internal CDD Documents RESOLUTION 2015- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO RESCIND RESOLUTION 1983 -241: STANDARDS FOR SELF - SERVICE GAS STATIONS 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 Resolution 1983 -241: Standards for self- Service Gas Stations and recommended the rescission of it at its June 10, 2015 meeting; and WHEREAS, this Resolution is outdated and these issues are regulated by other laws. NOW, THEREFORE, BE IT RESOLVED THAT, the Town Council of the Town of Los Gatos does hereby rescind Resolution 1983 -241: Standards for self - Service Gas Stations attached hereto as Exhibit A. ATTACHMENT ? PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 4`h day of August, 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 RESOLUTION N0. 1383_241 RESOLUTION ADOPTING STANDARDS FOR Fnyrrr �R' policy 1 -16 RESOLVED, by the Town Council of the Town of Los Gatos, that the following standards as recommended by the Planning Commission on November 9, 1383 be adopted: development gstandards1 Tibe. upandscaping ,larchitetralcompatibil' surrounding neighborhood. Physically Possible to current compatibility t0 2. .Air and water. .service shall be available for .vehicles. 3• Handicapped accessible bathrooms and service facilities shall be avalable at all times the station is open. d i 4. At least one handicapped accessible parking space.shail be provided. se An attendant shall be available to assist handicapped customers :with basic services, such as gas, oil, and other supplies.. - 6. Smoking by customers shall not be allowed. PASSED AND ADOPTED at a tare Town of Los Gatos held on the regular meeting of the Town Council of the following vote: - Sth day of December 1983j: by AYES: COUNCIL MEMBERS Joanne Ben' amin Eric D. Carlson Terrence J. Dail Brent N, Ventura and Ila or Thomas J. Fe This Page Intentionally Left Blank STANDARD DETAILS & SPECIFI{ A1TONS SUBJECT: Specifications for Driveways, Turnarounds and Turn Outs serving up to two (2) single Family Dwellings SCOPE This standard is applicable to driveways serving up to two (2) single family dwellings where any portion of the dwelling( s is reater than 150 feet from the center line of a public roadway. Note that the specifications contained in this Standard a located within the service area of the Santa Clara County Fire Departmen y to properties DEFINITIONS Tioadway E-- A vehicular access roadway greater than or equal to 20 feet in width. Driveway; A vehicular wells roadway less than 20 feet in width and serving no more than two single - family dwellings. REQUIREMENTS DRIVEWAY WIDTH Campbell, Cupertino, Los Gatos, Monte Sereno, Morgan Hill: 12 feet paved surface Los Altos and Los Altos Hills: 14 feet paved width Saratoga: 14 feet paved width with a two foot unpaved shoulder Unincorporated: Per Santa Clara County Standards VERTICAL CLEARANCE The vertical clearance shall be in accordance with the Fire Code, I3 feet, 6 inches. -G RAKE: _ Maximum grade shall not exceed 15% (6.75 degrees). Exception: Grades up to 20% may be allowed by the Fire Chief provided an approved automatic fire sprinkler system is installed throughout the affected dwelling structure including attached garages. In no case shall the portion of driveway exceeding 15% gradient be longer than 300 feet in length. For longer driveways, there shall beat least 100 feet driveway at 15% or less gradient between each 300 -foot section that exceeds 15 %. PAVE -- tF�c 1tF E; Driveways shall be surfaced roads of either asphalt, concrete or another acceptable to the Fire Department, engineered surface ® FIRE PIKE DEPARTMENT. SANTA CLARA COUNTY 14700 Winchester Blvd e Los Gatos E CA 95082 -1818 B (408) 378-4010 ATTACHMENT 2 Policy 1 -15 Spec. No. �? Rev. Date 07/03/00 Eff. Date 01/ /47 APProved By Page 1 of s SCOPE This standard is applicable to driveways serving up to two (2) single family dwellings where any portion of the dwelling( s is reater than 150 feet from the center line of a public roadway. Note that the specifications contained in this Standard a located within the service area of the Santa Clara County Fire Departmen y to properties DEFINITIONS Tioadway E-- A vehicular access roadway greater than or equal to 20 feet in width. Driveway; A vehicular wells roadway less than 20 feet in width and serving no more than two single - family dwellings. REQUIREMENTS DRIVEWAY WIDTH Campbell, Cupertino, Los Gatos, Monte Sereno, Morgan Hill: 12 feet paved surface Los Altos and Los Altos Hills: 14 feet paved width Saratoga: 14 feet paved width with a two foot unpaved shoulder Unincorporated: Per Santa Clara County Standards VERTICAL CLEARANCE The vertical clearance shall be in accordance with the Fire Code, I3 feet, 6 inches. -G RAKE: _ Maximum grade shall not exceed 15% (6.75 degrees). Exception: Grades up to 20% may be allowed by the Fire Chief provided an approved automatic fire sprinkler system is installed throughout the affected dwelling structure including attached garages. In no case shall the portion of driveway exceeding 15% gradient be longer than 300 feet in length. For longer driveways, there shall beat least 100 feet driveway at 15% or less gradient between each 300 -foot section that exceeds 15 %. PAVE -- tF�c 1tF E; Driveways shall be surfaced roads of either asphalt, concrete or another acceptable to the Fire Department, engineered surface ® FIRE PIKE DEPARTMENT. SANTA CLARA COUNTY 14700 Winchester Blvd e Los Gatos E CA 95082 -1818 B (408) 378-4010 ATTACHMENT 2 This Page Intentionally Left Blank 7� "OauKY LIVING QUARTERS Established by The Town Planning Commission Revised: February, l9, 9997 The LOS Gatos Town Code allows for a variety of accessory residentially zoned property in the Town (Section 28.40,095. are to be followed in administering the Town Code regulations, specifically for conditional conditi nal use permit applications concerning Accessory )The guidelines in this policy living quarters are: rY Living Quarters. Examples of accessory A Pool house or Cabana, An In -law quarters or "granny flat ". A Play/Hobby /office room with an adjoining bathroom, All accessory living quarters shall bear a reasonable relationship to the primary structu re and should comply with the guidelines below. a The structure shall not be plumbed and wired to (220 wiring not permitted). allow an independent living unit IF The structure shall not include a bar sink in addition to a bathroom sink. The structure shall not include more then one main roo or changing room,* m in addition to a bathroom The structure shall not include cooking facilities (stove refrigerator): , oven, dishwasher, Sachs, Closets and other rooms with less than 75 square feet of floor area are not considered a main Baths Exceptions May be made to these guidelines by the deciding body on a case by ease basis. An exception shall not be considered a precedent for any other application. ks4laecsygtr,pol This Page Intentionally Left Blank PaUcy 1 -22 Subject: Accessory Structures Approved: Lee E. Bowman, Planning Director PURPOSE PLANNING DEPARTMENT POLICY TOWN OF LOS GATOS Pape: t of t Effective Date: October 6, 1997 Section Number, Revised Date: To provide guidelines for determining if an accessory structure requires zoning approval. PO ICY The following accessory structures do not require zoning approval. t • One -story detached accessory used as toot and Storage seds, Provided the projected roof area do ssnot exceed 120 square feet playhouses and similar uses, . (A story shall be defined as the Town Code's maximum height for accessory structures.) 2. Movable cases, counters and partitions not over 5 feet 9 inches high; 3• Water tanks supported directly upon grade if the capacity does not exceed 5,0oD of height to diameter or width does not exceed 2 to t. gallons and the ratio �• Temporary motion picture, television and theater stage sets and scenery, 5• Prefabricated swimming above the adjacent grade and if the capacity does not'iexc exceed 5,00 Owhich the Pool walls are entirely 6• Trellises, playhouses, or treehouses, gallons (t g g27 Q. 'These requirements may change as updates to the Building Code are adopted. Exceptions, 7 • Parcels containing multiple detached structures in ?• close proximity to each other. Any structures requiting an electrical or plumbing permit, This Page Intentionally Left Blank POlicy 1 -24 PLANNING DEPARTMENT POLICY TOWN OF LOS GATOS Subject: Assignment of Temporary Addresses for Vacant Lots Page: n Section Number: Approved: n Lee E. Bowman, Planning Director Effectiva Date: Revised Date: April 25, 199t PURPOSE To To provide guidelines for temporarily assigning addresses to lots for which development received before going to Development Review Committee appiicaticns are POLICY All lots for which a development application is received completed application This address will then become are assign form to and ed a new address upon receipt of approve! of the Town Clerk before permanent upon submittal of address application a Building Permit is issued. PROCEDURES Counter Technicians duties: 1. Make copy of Assessor's Map and addresses of existing parcels 2. Contact Town Clerk's office to determine tern 3 n temporary address {es} . Assign to be assigned g .s {es} as given by the Clerk's office. 4. Type temporary address(es) and file with the Planning Department. 5. Prepare or update Peale addendum sheet to Town's Street Address index to reflect new temporary 6• Make copy of addendum for Town Clerk: 7. Notify Cleric's office when temporary address(es) becomes permanent and at that time Clerk's office wilt send out notices to interested parties. c8,ml sc�pollgy This Page Intentionally Left Blank TOWN OF LOS GATOS ADMINISTRATIVE POLICY Subject: Determining when an application is deemed complete Approved: Bud N. Lortz, Director of Community John Curtis, Director of Parks and Public Works evelopment Effective Date: August 18, 2003 PURPOSE: To define deemed complete provisions. to determine whether or not a project is subject to C.3 POLICY: Private projects: For private development proje Provides a list of the requirements needed for cts, the Los Gatos Planning Division is the criteria for determinin P planning application submittals. This list Processed. The Town reviews the pplication within hin 30 is complete and ready to be required information has been submitted and the application days to determine whether all he If the application submittal is incomplete, then staff will send a letter o the appltcte", indicating that the application is "deemed incomplete" and list the items needed to complete the application. If the Planning within 30 days a$er receipt of the application, Division's written determination is not made "complete" and staff will proceed with Processing rt then by State Law, it is deemed that have been deemed with prior to October lira are All Private projects Provisions. not subject to C.3 Public Projects: For public projects, a project is considered "in- the - pipeline" when authorization for funding is approved by the Town Council for fiscal year 2fl03/2t)09, which occurs in June 2003, and construction must be scheduled to begin by October 15, 2003. Construction must be scheduled to begin by October 15, 2003, meaning that clearing and grubbing, or other construction on the ground of the project site, must begin by then. All "in-the-pipeline" public projects would not be subject to C.3 provisions. Y.'�BSE1joMSifmin pniiq'vvpd This Page Intentionally Left Blank OEM PLANNING DEPARTMENT POLICY TOWN OF LOs GATOS Subject: Administrative Procedures for an Application for the Demolition of a Single Family Residence Lee ed; C Lee E. Bow Effective Date: June 11, 1997 man, Planning Director PURPOSE; To provide staff di of a single rections on the process of reviewing POLICY; ngle family residence. 9 a pplications which involve 1. a demolition Two copies of a structural report are required from a licensed architect or civil en the project. One copy of the structural report is for the file, the a standard memo, asking if their department concurs Officials opinion is required befog other goes to engineer unrelated to 2 If the house is in good condition, rs with the findings the Building official with e making a final determination, g °f the report The otjustification is the r the applicant may choose to not submit a Building 3. If the structure e4utred. structural e is historic, the Historic Preservation Committee report A letter make a recommendation to the deciding body- is a designated land m tree must review the demo r identified as a contributor to an existing district, of the structure is located request and g Commission is the decidin within an historic district or a detailed report describing ail ex g body, tf the structure shalt incorporate Potential district is eligible for total designation n pertinent inform peas of the structure's physical condition structure's historical and architectural charaotgristics. This re n is re ation from the Town's Historic Res Quired. Person knowled a Resources Inventory The report 9 able in historic preservation under this report h the e describing the Ono district sor is a des gnat dCommittee wi�f only review owPreps t t b Town at they a qua lifiied DRC shall den the replacement structure ifthe site is in anphistoric y or recommend de the Historic Committee recommends denial of the demo. The 3. Staff shall Conduct a site inspection of the re historic 4 Subsequent to the D Pection prior to DRC e within three RC meeting, the Planning eeting. Within the s from working days. Under 9 Department's policy is to send out Y m DRC review if the r Cl rcumstances shall the letter be Streamlining an action letter $ g Act. P otect is incomplete due to the re sent out later than 3o If the DISC has the authority to a quirements of the P to the immediate neighbors approve the application, the nbt ce of intent to a Permit the same time the fetter of intEntpro owners. A minimum of six approve application complete and statin pp . shall be mailed approve is sent; the a gcant shall Properties sent a letter be notified. At approval. The g the DRC, recommendation with the recommend se conditions must include the requirement for it deernIng the materials. The applicant then has a mended condifrons of any of the conditions. The action n opportunity to appeal recycling the demolished classification. n letter de the the DRC's decision if the building 6. If there are no written negative res must include the CEOA Y disagree with Categorical exemption number the applicant stating the date it Was rises within her view period, the final action fetter is mailed to members shall be included in the cleaned out and the final plans stamped list of the final iacHon tletterof The file shall the ©tie Permits shall be entered and finalize mped approved with the WDBADEMD.POL d at this time. approval date. All project information in ADM►NIS ATM PROCEDURES LE FAM P •L, ,,iTI TCE FOR THE DEM®LITI ®N OF A SING hitect or civil engineer 1. 2. 3. copies of a sire report are required from a licensed . for the file, the other goes to Two cop ctural rep structural reP unrelated to the project. One copy of the situ department concurs with the a standard memo, asking if their dep a final the Building Official witiie Building Ofi'icial'S opinion is required before making findings o£the report. Th determination• applicant may choose to not submit a structural If the house is in good condition the aPP uired. _- report. A letter of justification is then required. body. If the structure is located If the structure is historic; then anon to the deciding oattee music review is the request and make a recommendation ted landmark, the Planning district, within an historic district or is a desige a contributor to an existing deciding body • If the structure has been identified as orate a otential district or is eligible for local designation, a detailed report describing all P oture's physical condition is tequired. The report siidescrib g the aspects of the situ ort shall be prepared by a pertpent infottnation from the Town's Historic Resources Inventory , knowledgeable in historic preservation andevcontract YePlachemen wn at str+tc e,s 'Stotical and architectural characteristics. This rep qualified person knowled ttee wiA only If the Historic the applicant's expense. The Historic Comm end denial commends dental ri the demo. The DRC shall deny or recon structure if the site is ia3 an historic distract or is a designated landmark. Committee re of the request• inspection prior to DRC meeting' Policy is to send out an 3 Staff shall conduct a site insp the Planning DePartznent's p 4 Subsequent to the DRC meeting, days' Under no circa s n is income to letter due be o the t action letter within lend working out later than 30 calendar days from DRC review if the project Act• rove to approve the application, the notice of intent to app requirements of the Permit Streamlining owners. A minimum of six If the DRC has the authority ro city 5, immediate neighbors and p P rove is sent, the shall be mailed to the imm a the letter of intent to approve the DRC's the application complete and stating Properties shall be notified. At the same lain royal. The conditions must applicant shall be sent a letter deemRdeil conditions o£ aPP materials. The applicant recommendation with the recommended of the uirement for recycling the demolished building ee with any to appeal the DRC's decision if they disagree include the req lion number Then has an opportunity A categorical exemp conditions. The action letter must include the CEQ period, the final action letter 8 —� classification and the required findings. the review p If there are no written negative responses within 6. licant stating the date it was approved and the final conditions Of is mailed to the apP lens stamped approved with the approval The DRC memberelehanled out and the final P distribution ne and and final zed at this action of the final P The file shall then b permits shall be en letter. information in p approval date. All project time•. sL1310\rdc%deM FcbM,y 3 flu August 11, I999, the Planning Commission requested that staff stud amity r Commission de approval for all hillside Architecture and Site develo requiring family residences; Y the feasibility of re pment applications for single The Town Code currently authorizes the Develo make determinations and Opulent Review Co to refer an grant approval for single f Committee (DRC) the authority to Y matter assigned family residences, but also allows the Co As the Chair of the by ordinance for its decision to the Planning ability to encourage RC' the Plannin g Commission for decision. usage the Co g Director (Director of Community Development) has the for review mmittee to refer all hillside development and determination. applications to the Co As of September 15, 1999, DRC s Commission single family residences in the I will continue to refer all hillside development the Planning o (Hillside Residential) and RC applications for transferred g mrmssion for review if the Co {Resource Conservation) zones to from the DRC to the Pi mmission desires that this authority Conservation) Council approval of the change would b nreq o�ission, an amendment of the Ton Code and be Additionally to clarify the Planning Commission interpretations when reviewing residential de velo °s recent actions, staffis applying the following ns: Properties zoned HR or RC are subject to the Hillside 'e' ide tial Stand ® Properties zoned RI, with a slope in excess of 10- percent, and located in the Hillside Specific Plan Area are subject to both the St�dS and the Residential Develo Two Familv Dwellin s Hillside Residential went Standards for Sin le Famii � Properties zoned. 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