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Policy CommPREPARED BY : JOEL PAULSON Community Development Director Reviewed by: Assistant Town Manager Town Attorney Finance https://legistarweb -production.s3.amazon aws.com/uploads/attachment/attachment/7714/PolicyCommRec_Staff_Report.FINAL.docx Revised: 3/30/2016 8:46 AM MEETING DATE : 0 4 /0 5/16 ITEM NO : 4 COUNCIL AGENDA REPORT DATE: MARCH 2 4 , 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI , TOWN MANAGER SUBJECT: APPROVE THE RECOMMENDATION OF THE POLICY COMMITTEE TO ADOPT A RESOLUTION TO RESCIND RESOLUTION 1984 -2 1: RESOLUTION ESTABLISHING A TOWN POLICY FOR HANDLING ABANDONED APPLICATIONS . RECOMMENDATION : Approve the recommendation of the Policy Committee to a dopt a resolution (Attachment 1) to rescind R esolution 1984 -2 1: Resolution Establishing a Town Policy for Handling Abandoned Applications . BACKGROUND : The Policy Committee is continuing to evaluate existing Town p olicies to determine if specific policies should be validated, revised, or rescinded. At its meeting of January 27, 2016 , 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 1984 -21 At the January 27, 2016 Policy Committee meeting, the Committee concluded that Council R esolution 1984 -21 is no longer needed and should be rescind ed :  Resolution 1984 -21: Resolution Establishing a Town Policy for Handling Abandoned Applications : This Council Resolution is outdated because these decisions are no longer considered by the Planning Commission (see Exhibit A to Attachment 1). PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: POLICY COMMITTEE RECOMMENDATIONS MARCH 24 , 2016 Other Community Development Department (CDD ) Documents In addition to reviewing the resolution referenced above, the Policy Committee review ed its third set of internal Community Development Department documents and concluded that five internal staff doc uments (or procedural guidelines) were no longer current and should be removed from the materials that may still be used by staff and/or the public. Attachment 2 contains each of these documents. Since the documents were not approved by Council, 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 to the public that they are no longer in use. The five documents are summarized below:  Description of wha t constitutes an accessory structure versus an addition counted as living floor area towards the allowable Floor Area Ratio : Floor area is defined in Town Code Section 29.10.020 and a separate description is not needed .  To establish policy regarding the review process for minor projects located in Historical Overlay zones : This process has been revised. The new process is established in the Residential Design Guidelines (Section 4.3 of Chapter 4).  Procedures for issuance of Home Occupation Permits : This is a procedural document that is no longer necessary and the prohibited Home Occupation uses in the document are included in the Town Code.  Definition of retail use : There is a definition of “retail use” in the Town Code so this policy is no lo nger needed.  Search Lights : Town Code Sections 29.10.115 (2), (14), or (16) can be used to prohibit search lights. CONCLUSION : Approve the recommendation of the Policy Committee to adopt a resolution to rescind R esolution 1984 -21: Resolution Establishing a Town Policy for Handling Abandoned Applications. 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. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: POLICY COMMITTEE RECOMMENDATIONS MARCH 24 , 2016 ENVIRONMENTAL ASSESSMENT : This is n ot a project defined under CEQA, and no furthe r action is required. FISCAL IMPACT : No financial impact associated with this recommendation. Attachments : 1. Draft R esolution to r esci nd Resolut ion 1984 -2 1 2. Other Internal CDD Documents JSP:cg RESOLUTION 2016- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO RESCIND RESOLUTION 1984-21: RESOLUT I ON ESTABLISHING A TOWN POLICY FOR HANDLING ABANDONED APPLICATIONS 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 publ_ic , the Council and staff; and WHEREAS, the Policy Committee reviewed Resolution 1984-21 (Resolution Establishing a Town Policy for Handling Abandoned Applications) and recommended the rescission of it at its January 27 , 2016 meeting ; and WHEREAS, this Resolution is outdated . NOW, THEREFORE, BE IT RESOLVED THAT, the Town Council of the Town of Los Gatos does hereby rescind Resolution 1984-21 (Resolution Establishing a Town Policy for Handling Abandoned Applications) attached hereto as Exhibit A. ATTACHMENT l PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos , California on the 5th day of April, 2016 by the following vote: COUNCIL MEMBERS: AYES : NAYS: ABSENT: ABSTAIN: ATTEST : SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA '.'..I ll·\· RL ~OS ~O!h l\>l 1;:•,(«,1 n11 11Ll c-l: ·1 ( 4-5-l<i .d o.: This Page Intentionally Left Blank This Page Intentionally Left Blank 4 . 5 . The Planner wm then make a copy of the ep-proved application(both Si9es) for the aw~cant A copy of the r~;lstet t~ipt wilt th~n b~ aWi .olled to th$ original epplica~Qn '"9 ptace.c;i i n \h~ t:!orne .900!.!patlon basket to_ceted ta the P~nnlng Teehnieian~s l>fti~~ ' . · · · · · · Tl)e ,P !anntl'!{J T ~.ch.nieiah is respohslble tor entering the applli::a~on li'lformatton Into the PERMITS dalBt>ase.. . . . --·-----------------·------·-----·-----------·--------------· ---------~· ---------·-----.. USES NbT PERM 1 TTiD AS HOME . O .CCUpADO-NS:· -.. . .. . . . . . . . . . . : ·-. . . -. . . -..... 1 . !~come 1a~ pr~pPrtJ~ 2. M~dieal-0.flioesJUs.es .• 3 . ae.i ·e.s.tate~es (-unte.ss the homt! c~pation i s only r~ffire~-to spe~~elly eStabl°ish a mai&n.9 address fo receive real estate infJ>r~tm and fl~ ti~ps~c:\l .Qn$ will O .CGU f on..slte .) -. ' . 4 . co.~gt<>r/CoJJ.~Qtiilg $•~ vm t cti Wlll ·he.~e <*e.Ws ~ ®~~~ J>,d(lrto ~v~nn~ to ~moth~rjoti ~. ~ Vlh!Qt\ Will '""'"-tO':~~ 'Of ~~ittg ~eti~1$ or equ.tprn~nt oirslte , or w"hiQh wOl P:artc "t a;lQre. v•hiclet o r ¢onstruction e.quiJ:)ment o{1-s1t~. . . . . . N :\OEV\HOME-OCC .MEM 2 ,, ) This Page Intentionally Left Blank ( ( ~ ~ -··--· ------.. - ( ( l . P o li c y 1 -41 TOWN di= .LOS GATOS COMMUNITY PEVEL.OP ·MENi AOMINf$TRATIVE PO~ICY Subj~t ; Search Light~ Ap.provedf"~~(~ Effective bate: October 4, 2004 Bqd N . Lo~. AICP. Di~~j:~mmunity Develqpment PU&t>.OSE To Set forth a policy as it relates to the use of a search light within the Town of Los Gatos . SCOPE 'I1$ policy applies to search light£ Qr any similar tyPe of lifttit or ligbtj'ng device used within the T-own .of Los Gatos for drawing attention to their bµsines-s, or to ~ cvcni . POLlC¥ Search lights are ul)ique {r<>m the Towp' s perspective because they are not specifically (:lefuie.d in the Town CQde . Tberefo.re, Staff must interpret the Town Code artd appl l' tbe 'secti~n of the Towp Code that is most appiic.~ble. Staff has concluded that a: seatcb light is .. by definition. a si.gJl .. Staff reached this detenaj.Dation based on the fact that a search light is gen~ly ~s..e.4 by a })usiness or local 4;hanty for drawing attention to their specific l:>usi¢s .s or event.. Ba&~ Qn jhj$ :finding 1 a search liiht js defined as fill unauthorized sign pursuant to Town CQCie Section 29. .. 10,U~(16) and will be prohibited unless approved as part of a special ~vent as defi,ned in Town Co4e SeetioQ 14 .100.0.10. N:\DEV\RGy\C.Ode Compliance\2004\Policy -Search lights.wpc! I I I i i I This Page Intentionally Left Blank ( ·, --.