Los Gatos Municipal Code Div. 5 Procedures

When an approval or review of any action is sought under the terms of this chapter, a written application or notice of appeal is required to be filed. All applications and notices of appeal are filed in the office of the Planning Director, except notices of appeal to the Council which are filed in the office of the Clerk.

(Ord. No. 1316, § 5.40.010, 6-7-76)

The Planning Director prescribes the form and content of all applications and notices of appeal. If information not ordinarily required is reasonably necessary to permit the correct determination of an application, the Planning Director may instruct the applicant to provide the additional information. Every application must show in a manner prescribed by the Planning Director that the owner of the land in question is the applicant or joins in the application.

(Ord. No. 1316, § 5.40.020, 6-7-76)

When an application or notice of appeal is required to be filed, there is a filing fee which is set by Council resolution and which shall be paid at the time of filing. If no Council resolution sets a fee, there is no fee.

(Ord. No. 1316, § 5.40.030, 6-7-76; Ord. No. 1363, 8-1-77)

Except as otherwise provided by statute, all Planning Commission actions shall be performed by an affirmative vote of a majority of the members present. A quorum is required for any action except a decision to adjourn.

(Ord. No. 1316, § 5.40.040, 6-7-76; Ord. No. 1375, 11-21-77)

When a single project has to have both a conditional use permit and architecture and site approval, a combined application may be filed and the matter considered in a consolidated proceeding.

(Ord. No. 1316, § 5.40.050, 6-7-76)

(a) Hearings are required in the determination of the following matters:

(1) Amendments to this chapter which change land from one (1) zone to another or which create, abolish or alter a zone or the regulations of a zone which govern a land use.

(2) Variances.

(3) Conditional use permits.

(4) Appeals, regardless of whether a hearing was required for the original determination.

(5) Revocations or Town-initiated modifications of any permit or approval, regardless of whether a hearing was required for the existing permit.

(6) Applicant-initiated modification for any permit or approval when a hearing was required for the existing permit.

(7) Time extensions for any permit or approval when a hearing was required for the existing permit.

(8) Demolition of a designated landmark.

(9) Whether to extend suspension of action on applications for subsection (8).

(b) For the purposes of this section, a matter is deemed to be one where a hearing was required on the existing permit or approval, if a hearing is currently required by this chapter for the existing permit or approval.

(Ord. No. 1316, § 5.40.060, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1963, § II, 11-15-93)

Any matter for determination by the Planning Commission, including matters requiring a noticed public hearing, may be placed on the Planning Commission's meeting agenda as a separate item or as a consent item together with other matters, at the discretion of the Planning Director. At the request of any member of the Planning Commission, any consent item must be removed from the consent calendar and be considered as a separate item. At the request of any member of the audience any consent item for which a noticed hearing is required must be removed, and any other consent item may be removed from the consent calendar and considered as a separate item.

(Ord. No. 1316, § 5.40.065, 6-7-76; Ord. No. 1375, 11-21-77)

All hearings under this division may be continued from time to time.

(Ord. No. 1316, § 5.40.070, 6-7-76)

Except in the case of hearings concerning the adoption of ordinances, where a hearing is required by this chapter, the body which renders the decision must make findings sufficient to bridge the analytic gap between the raw evidence and the decision. When a hearing concerns adoption of an ordinance, only those findings required by statute need be made.

(Ord. No. 1316, 5.40.080, 6-7-76)

Where a hearing is required by this chapter other than a hearing concerning an ordinance amendment, the following notice is required. At least ten (10) days before the hearing, the Planning Director shall give notice by publication at least once in a newspaper of general circulation, published and circulated in the Town, or if there is none, by posting in at least three (3) public places in the Town, and through the United States mail, with postage prepaid using addresses from the last equalized assessment roll, or alternatively, from such other records of the Assessor or the Tax Collector as contain more recent addresses in the opinion of the Director, to all properties lying within a three-hundred-foot radius of the land which is the subject of the hearing.

(Ord. No. 1316, § 5.40.090, 6-7-76; Ord. No. 1654, 4-22-85)

A Development Review Committee is established for the Town. The members of the Development Review Committee who attend all of the Committee meetings are the Planning Director, the Town Engineer, the Building Official and the Director of Parks, Forestry and Maintenance Services. The Fire Chief, Chief of Police, Town Attorney and Health Officer are also members of the Development Review Committee, but each of them only attends meetings when it is determined that the matters under consideration require attendance or when the Planning Director requests attendance.

(Ord. No. 1316, § 5.40.100, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1617, 5-21-84)

The Planning Director shall be the Chair of the Development Review Committee. For items that require a public hearing, the Planning Director shall determine whether an item before the Development Review Committee will be placed on the Planning Commission's consent calendar, placed as a regular Planning Commission agenda item or continued to a subsequent Development Review Committee meeting. When the Development Review Committee does not reach a consensus on a matter, a dissenting report is required.

(Ord. No. 1316, § 5.40.110, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1963, § III, 11-15-93)

Any member of the Development Review Committee may designate a person to act in the member's place at committee meetings, subject to approval of the Town Manager. One (1) member may not be the designee of another, nor may any one (1) designee represent more than one (1) member.

(Ord. No. 1316, § 5.40.120, 6-7-76; Ord. No. 1375, 11-21-77)

(a) A reasonable period of time before each meeting the Chair shall notify the members of the Development Review Committee of the time and place of the meeting. The notification shall state what matters will be considered at the meeting.

(b) The meetings shall be held on a regular schedule during business hours, but may extend or be continued to other times.

(Ord. No. 1316, § 5.40.130, 6-7-76; Ord. No. 1375, 11-21-77)

The applicant or the applicant's representative is required to attend the Development Review Committee meeting.

(Ord. No. 1316, § 5.40.140, 6-7-76; Ord. No. 1375, 11-21-77)

(1) This procedure is established for review of minor residential projects to provide for neighborhood review in a timely and streamlined process. This process shall be used by the Planning Director for projects listed in section 29.20.480(2).

(a) An application and fee is submitted. In addition to the standard application materials (application and plans), the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of it).

(b) The deciding body reviews the application using the Town's Development Standards, as well as the Town Code requirements.

(c) If the Planning Director intends to approve the application, a "Notice of Pending Approval" will be mailed to neighboring residents and property owners including any applicable conditions, exactions or dedications as required. The notice will advise the neighboring residents and property owners of the applicant's plans, and that the application will be approved ten (10) days from the date of mailing. Any interested person as defined in section 29.10.020 will have ten (10) days from the date of approval in which to file a written notice of appeal to the Planning Commission with the Planning Director .

(f) If the Planning Director determines that the application cannot be approved because it does not comply with the Town's Development Standards and the applicant is unwilling to revise the plans, then the applicant may file an Architecture and Site Application (including the required fee) and the application shall be considered by the Planning Commission.

(2) In addition to the projects identified in subsections 29.20.745(12) and (15), the following projects will be considered under this administrative procedure.

(a) New second-story additions to single and two-family dwellings.

(b) Additions to an existing second story where the additional area will exceed one hundred (100) square feet.

(c) Reconstruction to a portion of a single or two-family dwelling or an accessory structure with a nonconforming setback.

(d) Accessory structures exceeding a combined square footage of four hundred fifty (450) square feet.

(e) Additions to accessory structures resulting in the structures containing a combined square footage more than four hundred fifty (450) square feet.

(f) Request to reduce side and rear yard setback requirements for accessory structures.

(g) Sport court lighting and/or fencing over six (6) feet high enclosing court game areas.

(Ord. No. 1963, § IV, 11-15-93; Ord. No. 2100, § II, 7-1-02; Ord. No. 2149, § I, 5-1-06; Ord. No. 2283, § I, 5-21-19)

This procedure is established for review of minor historic residential or commercial projects not covered under the architecture and site approval process or the minor residential development permit for designated properties with a LHP overlay zone. This process shall be used by the Historic Preservation Committee and the Planning Director.

(1) An application with no fee is submitted.

(2) The deciding body reviews the application using the designating ordinance as well as the Town Code requirements.

(3) The following projects will be considered under this administrative procedure.

a. Additions to an existing second story residence where the additional area will be one hundred (100) square feet or less and is visible from the street(s) in the immediate neighborhood.

b. New residential accessory structures less than four hundred fifty (450) square feet in area visible from the street(s) in the immediate neighborhood.

c. Additions to the first floor of a residence (excluding additions not visible from the street that do not exceed fifteen (15) percent of the existing floor area of the house (excluding below grade square footage) or four hundred (400) square feet of gross floor area, whichever is less).

d. Exterior alterations which require a building permit that changes the historic architectural style of the structure or eliminates/alters character defining features. This includes but is not limited to: new porches, porch enclosures, awnings, new dormer windows, bay windows and change in siding material.

(4) The following projects do not fall under this application and can be approved by the Planning Director through the building permit process provided it meets Town Code and the designating ordinance requirements:

Building repairs including replacement of exterior siding, windows, trim, and roof materials where the repair work or replacement matches the original building form and materials.

(Ord. No. 2041, § V, 2-2-98; Ord. No. 2169, § I, 10-20-08; Ord. No. 2264, § I, 11-7-17)