Los Gatos Municipal Code Div. 7 Assignment of Duties

The Planning Director:

(1) Prescribes all forms and contents of applications.

(2) Keeps all records of Planning Commission, Development Review Committee, Historic Preservation Committee, Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk.

(3) Investigates applications.

(4) Gives all notices except notices of proceedings of the Town Council.

(5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines.

(6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations and sign permits.

(7) Determines revocations or modifications of animal permits and home occupation permits.

(8) May refer any matter assigned by ordinance to the Planning Director for decision to the Planning Commission for decision.

(9) Determines applications for sign approval when action is not required of the Council or Planning Commission.

(10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by Section 29.10.0985.

(11) Determines applications for Section 29.10.09030 demolition permits.

(12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants.

(13) Prepares and sends notifications required by statute to the County Assessor.

(14) Notifies applicants of hearings.

(15) Keeps records of nonconforming signs and mails notices to owners of such signs.

(16) Corrects the zoning map.

(17) Keeps lists of nonconforming uses and buildings.

(18) Reviews applications for construction permits for ordinance compliance.

(19) Determines parking requirements for uses whose parking requirements are not specified.

(20) Keeps records of those properties which have utilized parking district exemptions.

(21) Determines applications for expansion of nonconforming one- or two-family dwellings.

(22) Reviews all required parking lot screening.

(23) May approve lower walls around required trash enclosures.

(24) Chairs the Development Review Committee.

(25) Assists in the writing of ordinances.

(26) Determines whether lots have merged.

(27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by Section 29.10.155(1).

(28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits.

(29) Determines application for plumbing fixtures in accessory buildings.

(30) Has those duties described in Division 8 of this article.

(31) Determines applications for accessory structures in R-1 zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings.

(32) Maintains a record of secondary dwelling unit development transfer credits and a list of persons interested in obtaining a transfer credit.

(33) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Development Review Committee.

(34) Determines applications for minor exterior alterations to commercial buildings.

(35) Determines matters pertaining to historic preservation as provided in section 29.80.222.

(Ord. No. 1316, § 5.60.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1617, 5-21-84; Ord. No. 1640, 3-4-85; Ord. No. 1654, 4-22-85; Ord. No. 1716, 4-20-87; Ord. No. 1756, § III, 8-1-88; Ord. No. 1758, § V, 8-1-88; Ord. No. 1798, § IV, 9-5-89; Ord. No. 2041, § II, 2-2-98; Ord. No. 2043, § I, 5-4-98; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2304, § II, 2-18-20; Ord. No. 2355, § III, 4-2-24)

Cross reference— Director of planning generally, § 20.10.010 et seq.

The Town Clerk shall set hearings and give notices for appeals to be heard by the Town Council.

(Ord. No. 1316, § 5.60.020, 6-7-76; Ord. No. 1363, 8-1-77)

The Town Engineer shall:

(1) Prescribe standards for driveway construction.

(2) Prescribe standards for surfacing and draining of parking lots.

(3) Determine correct traffic flow markings for parking lots.

(4) Jointly with the Building Official, determine whether grading permits require architecture and site approval.

(5) Jointly with the Planning Director and the Building Official, determine parking lot permits as provided by section 29.10.155(l).

(6) Be a member of the Development Review Committee.

(7) Be the floodplain administrator.

(Ord. No. 1316, § 5.60.030, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1640, 3-4-85; Ord. No. 1763, § IV, 10-3-88)

The Director of Parks, Forestry and Maintenance Services shall:

(1) Recommend to the Planning Director applications for tree permits to the extent provided in section 29.10.095(h).

(2) Specify special paving within driplines of trees in parking lots.

(3) Be a member of the Development Review Committee.

(Ord. No. 1316, § 5.60.040, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1617, 5-21-84)

The Building Official/Department shall:

(1) Determine estimated cost to replace nonconforming buildings.

(2) Determine the value of destroyed nonconforming buildings.

(3) Determine applications for exception from enclosure requirements for swimming pools.

(4) Enforce all regulations regarding enclosure of swimming pools.

(5) Jointly with the Town Engineer, determine whether a grading permit requires architecture and site approval.

(6) Jointly with the Planning Director and the Town Engineer determine parking lot permits as provided by section 29.10.155(l).

(7) Be a member of the Development Review Committee.

(8) Determine when a structure poses an imminent safety hazard.

(Ord. No. 1316, § 5.60.050, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1640, 3-4-85; Ord. No. 1789, § X, 5-15-89)

The Fire Chief shall:

(1) Authorize changes in driveway standards for height clearance and radius of curves.

(2) Review and recommend the maximum area for a facility for the storage of hazardous materials as provided in division 1 of article VII of this chapter.

(3) Send a list of hazardous storage facilities and the status of each to the Director of Planning every six (6) months.

(4) Be a member of the Development Review Committee.

(Ord. No. 1316, § 5.60.060, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1630, 11-19-84)

The Police Chief shall:

(1) Be a member of the Development Review Committee.

(2) Issue permits for signs in conjunction with issuance of special events permits.

(Ord. No. 1316, § 5.60.070, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § IV, 7-20-92)

The Health Officer shall be a member of the Development Review Committee.

(Ord. No. 1316, § 5.60.080, 6-7-76; Ord. No. 1375, 11-21-77)

The Community Services Program Manager shall have those duties as described in article II, division 8, of this chapter.

(Ord. No. 1316, § 5.60.090, 6-7-76; Ord. No. 1758, § VI, 8-1-88; Ord. No. 2034, § III, 10-7-97)

The Town Manager shall hold administrative hearings or designate a hearing officer for such hearings as provided by this chapter.

(Ord. No. 1976, § IV, 5-2-94)

The Development Review Committee shall:

(1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters which come before the Planning Commission except zoning ordinance amendments, zone changes (not including rezoning to PD), general plan adoptions and amendments, specific plan adoptions and amendments, and capital improvement plans.

(2) Review and make recommendations to the Council concerning community-oriented bulletin boards and kiosks proposed to be erected on public property.

(3) May on its own motion review and make recommendations concerning matters not assigned to it.

(4) Reserved.

(5) Determine and issue zoning approval for the storage of hazardous materials as provided in division 1 of article VII of this chapter.

(6) Determine appropriate screening (fencing, landscaping or a combination) for hazardous materials storage sites as provided in division 1 of article VII of this chapter.

(7) Determine and issue zoning approval for grading permits as provided in section 29.10.09045(b) and (c) of this chapter.

(8) Reserved.

(9) Determine and issue zoning approval for lot line adjustments and lot mergers.

(10) Reserved.

(11) Under the provisions of section 29.10.070 of this chapter and section 66424.2 of the Subdivision Map Act, determine whether lots have merged.

(12) Determine and issue zoning approval for single-family dwellings.

(13) Determine and issue zoning approval for minor subdivisions of land consisting of four (4) lots or less.

(14) Determine and issue zoning approval for minor modifications to Planned Developments when the Official Development Plan is not altered.

(15) Determine and issue zoning approval for requests for reduction to setbacks on nonconforming lots.

(16) Determine and issue zoning approval for restaurants, specialty food retail use selling alcoholic beverages for consumption off-site or on-site, and tap/tasting rooms.

(17) May refer any matter assigned by ordinance to the Development Review Committee for decision to the Planning Commission for decision.

(18) Determine and issue zoning approval for special parking lot surfaces for nurseries or botanical gardens under subsection 29.10.155(1).

(19) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Planning Director.

(20) Determines applications for demolition, conversion, and removal of accessory dwelling units.

(21) Determine and issue zoning approval for group classes in the C-2 zone.

No Planning Commission action is invalid because of omission of review and recommendation.

(Ord. No. 1316, § 50.60.100, 6-7-76; Ord. No. 1320, 6-21-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1630, 11-19-84; Ord. No. 1640, 3-4-85; Ord. No. 1815, § IV, 3-19-90; Ord. No. 1842, § III, 4-1-91; Ord. No. 1963, § V, 11-15-93; Ord. No. 2021, § III, 9-16-96; Ord. No. 2034, § III, 10-7-97; Ord. No. 2061, § II, 4-19-99; Ord. No. 2071, § II, 6-19-00; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2270, § I, 2-6-18; Ord. No. 2291, § I, 10-1-19; Ord. No. 2292, § I, 10-1-19; Ord. No. 2304, § II, 2-18-20; Ord. No. 2306, § I, 4-21-20; Ord. No. 2342, § XIII, 8-1-23)

The Planning Commission:

(1) May initiate general plan amendments and specific plans or amendments.

(2) Hears and recommends all proposals for adoption and amendment of the general plan.

(3) Hears and recommends all proposals for adoption and amendment of specific plans.

(4) May initiate zone changes and amendments to this chapter.

(5) Hears and recommends proposals for zone changes, prezonings, and amendments to this chapter, including those referred to it by the Town Council.

(6) Determines whether to hear applications for rezoning made within one (1) year of a similar application.

(7) Determines variance applications.

(8) Determines conditional use permit applications that are not assigned to the Development Review Committee or the Town Council.

(9) Determines applications for architecture and site approval except those items listed in Section 29.20.745.

(10) Determines time extension when it would have had the power to grant the original approval.

(11) Determines revocations and modifications of zoning approvals as provided in section 29.20.310.

(12) Determines matters referred to it by the Planning Director.

(13) Hears appeals from decisions of the Planning Director.

(14) Determines whether to allow all deviations from the standards of this chapter which are specifically authorized by this chapter except variances, and determines when stricter standards than those generally imposed by this chapter but specifically provided for in this chapter apply.

(15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter or demolish structures, sites and areas designated, under the provisions of Division 3 of Article VIII of this chapter, or for which designation proceedings are pending.

(16) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple-family developments in the R-M zone.

(17) Determines applications for Section 29.10.0980 tree permits.

(18) Determines requirements for access to remote areas in the RC and HR zones.

(19) Determines applications for neighborhood identification signs, and signs on freestanding walls.

(20) Performs any functions required by statute or ordinance but not specifically assigned by this chapter.

(21) Determines whether a nonconforming use is no longer lawful.

(22) Forwards a recommendation to the Town Council concerning mobile home park conversion permit applications.

(23) Determines requests for reasonable accommodation when action is not required of the Council, Development Review Committee, or the Planning Director.

(24) Determines requests for reasonable accommodation when action is not required of the Council, Development Review Committee, or the Planning Director.

(25) Determines matters pertaining to historic preservation as provided in Section 29.80.220.

(Ord. No. 1316, § 5.60.200, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1496, 4-20-81; Ord. No. 1640, 3-4-85; Ord. No. 1756, § IV, 8-1-88; Ord. No. 1758, § VII, 8-1-88; Ord. No. 1815, § V, 3-19-90; Ord. No. 1963, § VI, 11-15-93; Ord. No. 2021, § IV, 8-5-96; Ord. No. 2043, § I, 5-4-98; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2270, § I, 2-6-18; Ord. No. 2355, § IV, 4-2-24)

Cross reference— Planning commission generally, § 20.20.010 et seq.

The Town Council:

(1) May initiate and refer general plan amendments and specific plans or amendments to the Planning Commission for recommendation.

(2) Hears and determines Planning Commission recommendations for the adoption or amendment of the general plan or any specific plans and conditional use permits for establishments selling alcoholic beverages for on premises consumption (excluding restaurants) and for retail sales of firearms, ammunition and/or destructive devices.

(3) Adopts ordinances.

(4) May initiate and refer zone changes and amendments to this chapter to the Planning Commission for recommendation. Nonsubstantive ordinance amendments may, but need not be, referred to the Planning Commission.

(5) Hears appeals from decisions of the Building Official.

(6) Hears appeals from decisions of the Planning Commission.

(7) Determines whether to extend suspension under section 29.80.285.

(8) Determines applications for permits for signs on public property, including but not limited to community-oriented bulletin boards and kiosks.

(9) Determines mobile home park conversion permit applications.

(10) Appoints Historic Preservation Committee members.

(11) Determines requests for reasonable accommodation when action is not required of the Planning Commission, Development Review Committee, or the Planning Director.

(Ord. No. 1316, § 5.60.300, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1758, § VIII, 8-1-88; Ord. No. 1762, § II, 9-19-88; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2304, § II, 2-18-20; Ord. No. 2354, § I, 3-5-24)

The provisions of this division shall prevail over all other provisions of this chapter concerning the power and obligation to perform administrative or legislative duties.

(Ord. No. 1316, § 5.60.400, 6-7-76)