Divisions 2 through 8 of this article and division 3 of article VIII contain the rules and procedures governing the administration of this chapter.

(Ord. No. 1316, § 5.00.010, 6-7-76; Ord. No. 2041, § I, 2-2-98)

This division lists the types of ministerial permits or certificates issued to show compliance with this chapter.

(Ord. No. 1316, § 5.10.010, 6-7-76)

A certificate of use and occupancy is required:

(1)

Before occupancy of any new building or commencement of any activity when architecture and site approval or a conditional use permit is required (excluding single-family, two-family or second dwelling units).

(2)

Before any change of occupancy of land or buildings other than a change in residents of a dwelling or proprietors of a continuing business enterprise.

(Ord. No. 1316, § 5.10.020, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1654, 4-22-85; Ord. No. 2149, § I, 5-1-06)

A certificate of use and occupancy is issued when inspection shows that the building, site and activity to be conducted there conform to law including this chapter and other Town ordinances, and to the requirements of any Town approval.

(Ord. No. 1316, § 5.10.040, 6-7-76)

Pending the issuance of a regular certificate of use and occupancy, a temporary certificate of occupancy may be issued by the Planning Director for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the Town relating to the use or occupancy of the premises, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

(Ord. No. 1316, § 5.10.050, 6-7-76)

This division lists the types of discretionary approvals required for compliance with this chapter.

(Ord. No. 1316, § 5.20.010, 6-7-76)

(a)

Achievement of the following goals is important in order to maintain the economic welfare and stability of the Town and to preserve the health, safety and welfare of its citizens:

(1)

Quality design and proper siting of residential and commercial structures, complementing the Town environment; and

(2)

The preservation of open spaces in the form of recreational areas, malls, plazas and pedestrian areas.

(b)

The Town contains small businesses, professional offices and residences. Municipal revenues derive principally from property tax and taxes derived from retail trade. Local employment depends to an unusual extent on the success of small business ventures, which in turn depend on trade in specialty items sold to visitors. Much of the business and residential area of the Town is composed of a mixture of old and new buildings, and the condition and style of each reflects on the other. For example, a new building loses value and its occupant's trade is diminished if an old building nearby is permitted to decay, and old buildings are permitted to decay when the designs of new buildings nearby do not compliment them. The juxtaposition of old and new buildings in the Town is extensive.

(c)

Many of the residential areas in the Town are unusual in that they are located on steep hills where there are geologic hazards, fire hazards and narrow streets, all of which necessitate special control over construction activity.

(d)

The purpose of architecture and site approval is to regulate the height, width, shape, proportion, siting, exterior construction and design of buildings to insure that they are architecturally compatible with their surroundings, and to avoid (in the commercial context) the construction of single-purpose or single-proprietor "trademark" buildings which, when vacated by the original occupant tend to remain empty, causing blight, and to promote a unified but diverse and distinctive theme which harmonizes with adjacent commercial and residential development.

(Ord. No. 1316, § 5.20.020, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1363, 8-1-77; Ord. No. 2149, § I, 5-1-06)

Architecture and site approval is required in all zones for the following:

(1)

New construction of any principal building;

(2)

An exterior alteration that changes the architectural style of a single-family and two-family residence.

(3)

Any exterior alteration or addition to a building excluding:

a.

Alterations or additions to a single and two family dwelling that do not require approval by the Planning Commission or Development Review Committee pursuant to the Residential Design Guidelines or the Hillside Development Standards and Guidelines;

b.

Minor exterior alterations to commercial and multifamily buildings.

(4)

Intensification of land use. For the purposes of this section only, intensification of land use means all changes in use which require more parking and/or results in an increase in peak hour trips for mixed use, multi tenant commercial, industrial or multifamily development projects if the trips exceed the traffic generation factor assigned to the project at the time of approval and/or an increase of five (5) or more peak hour trips;

(5)

Residence conversions;

(6)

Any development in a floodplain as required by article IX of this chapter;

and as otherwise specified in this article.

(Ord. No. 1316, § 5.20.030, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1493, 3-17-81; Ord. No. 1521, 11-2-81; Ord. No. 1680, 3-17-86; Ord. No. 1736, 10-19-87; Ord. No. 1763, § III, 10-3-88; Ord. No. 1815, § III, 3-19-90; Ord. No. 1832, § I, 7-16-90; Ord. No. 2149, § I, 5-1-06)

The deciding body shall consider all relevant matter including, but not limited to, the following:

(1)

Considerations relating to traffic safety and traffic congestion. The effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways; the adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimension of truck loading and unloading facilities; the circulation pattern within the boundaries of the development, and the surfacing, lighting and handicapped accessibility of off-street parking facilities.

a.

Any project or development that will add traffic to roadways and critical intersections shall be analyzed, and a determination made on the following matters:

1.

The ability of critical roadways and major intersections to accommodate existing traffic;

2.

Increased traffic estimated for approved developments not yet occupied; and

3.

Regional traffic growth and traffic anticipated for the proposed project one (1) year after occupancy.

b.

The deciding body shall review the application for traffic roadway/intersection capacity and make one (1) of the following determinations:

1.

The project will not impact any roadways and/or intersections causing the roadways and/or intersections to exceed their available capacities.

2.

The project will impact a roadway(s) and/or intersection(s) causing the roadway(s) and/or intersection(s) to exceed their available capacities.

Any project receiving Town determination subsection (1)b.1. may proceed. Any project receiving Town determination subsection (1)b.2. must be modified or denied if the deciding body determines that the impact is unacceptable. In determining the acceptability of a traffic impact, the deciding body shall consider if the project's benefits to the community override the traffic impacts as determined by specific sections from the general plan and any applicable specific plan.

(2)

Considerations relating to outdoor advertising. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. Specialized lighting and sign systems may be used to distinguish special areas or neighborhoods such as the downtown area and Los Gatos Boulevard.

(3)

Considerations relating to landscaping. The location, height, and materials of walls, fences, hedges and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations, parking lots or unsightly development; the planting of ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction of existing healthy trees. Emphasize the use of planter boxes with seasonal flowers to add color and atmosphere to the central business district. Trees and plants shall be approved by the Director of Parks, Forestry and Maintenance Services for the purpose of meeting special criteria, including climatic conditions, maintenance, year-round versus seasonal color change (blossom, summer foliage, autumn color), special branching effects and other considerations.

(4)

Considerations relating to site layout. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site and the neighborhood; and the appearance of the buildings with adjacent development. Buildings shall strengthen the form of the neighborhood (e.g. downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation of solar access. In the downtown, mid-block pedestrian arcades linking Santa Cruz Avenue with existing and new parking facilities shall be encouraged, and shall include such crime prevention elements as good sight lines and lighting systems.

(5)

Considerations relating to drainage. The effect of the site development plan on the adequacy of storm and surface water drainage.

(6)

Considerations relating to the exterior architectural design of buildings and structures. The effect of the height, width, shape, and exterior construction and design of buildings and structures as such factors relate to the existing and future neighborhood and purposes of the zone in which they are situated, and the purposes of architecture and site approval. Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings, and other details.

(7)

Considerations relating to lighting and street furniture. Streets, walkways, and building lighting should be designed so as to strengthen and reinforce the image of the Town. Street furniture and equipment, such as lamp standards, traffic signals, fire hydrants, street signs, telephones, mail boxes, refuse receptacles, bus shelters, drinking fountains, planters, kiosks, flag poles and other elements of the street environment should be designated and selected so as to strengthen and reinforce the Town image.

(8)

Considerations relating to access for physically disabled persons. The adequacy of the site development plan for providing accessibility and adaptability for physically disabled persons. Any improvements to a nonresidential building where the total valuation of alterations, structural repairs or additions exceeds a threshold value established by resolution of the Town Council, shall require the building to be modified to meet the accessibility requirements of title 24 of the California Administrative Code adaptability and accessibility. In addition to retail, personal services and health care services are not allowable uses on nonaccessible floors in new nonresidential buildings. Any change of use to retail, health care, or personal service on a nonaccessible floor in a nonresidential building shall require that floor to be accessible to physically disabled persons pursuant to the accessibility requirements of title 24 of the California Administrative Code and shall not qualify the building for unreasonable hardship exemption from meeting any of those requirements. This provision does not effect lawful uses in existence prior to the enactment of this chapter. All new residential developments shall comply with the Town's adaptability and accessibility requirements for physically disabled persons established by resolution.

(9)

Considerations relating to the location of a hazardous waste management facility. A hazardous waste facility shall not be located closer than five hundred (500) feet to any residentially zoned or used property or any property then being used as a public or private school primarily educating persons under the age of eighteen (18). An application for such a facility will require an environmental impact report, which may be focused through the initial study process.

(Ord. No. 1316, § 5.20.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1546, 8-16-82; Ord. No. 1640, 3-4-85; Ord. No. 1745, 3-7-88; Ord. No. 1832, § II, 7-16-90; Ord. No. 1853, § I, 5-20-91; Ord. No. 2006, § II, 11-6-95; Ord. No. 2370, §§ IV, V, 2-4-25)

(a)

The deciding body shall review the application for residential conversion and make the following determinations:

(1)

It is evident that amenities such as adequate light, air, privacy, open space, peace and quiet necessary for a suitable living environment are not provided;

(2)

The proposed conversion would satisfy all housing goals and policies as set forth in the general plan; and

(3)

Increased traffic can be accommodated by streets serving the development either in their existing configuration or in a configuration which is part of the development plan for this application; and that the development will not overburden existing streets or impact residential neighborhoods.

Any project not receiving Town determination as set forth in subsections (1), (2) and (3) above shall not be approved.

(b)

In addition to making the determination as set forth in subsections (1), (2) and (3) of subsection (a) above, the deciding body shall also make one (1) of the following determinations:

(1)

The structure(s) is not currently nor has the structure(s) been used for residential purposes for the past five (5) years.

(2)

The structure(s) has serious defects which could result in health or safety hazards to residents, and there is no evidence of neglect on the part of the property owner or their predecessors.

(3)

There is no other vacant space suitable for the proposed use located within the Town.

Any project not receiving Town determination as set forth in one (1) of the subsections (1) through (3) above shall not be approved.

(c)

In reviewing applications for the conversion of residential structures to nonresidential uses, the deciding body shall consider, in addition to the factors listed in section 29.20.150, the following:

(1)

Whether the building will be either rehabilitated in a manner consistent with its original character, or modified to be architecturally compatible and consistent with other legal structures in the immediate vicinity; and

(2)

Whether there will be appropriate use of existing plants and sufficient addition of new landscaping.

(Ord. No. 1316, § 5.20.050, 6-7-76; Ord. No. 1680, 3-17-86)

(a)

To protect the general health and welfare of all citizens, the deciding body may enforce reasonable requirements more stringent than the minimum zone requirements, when necessary or appropriate to insure a development compatible to and harmonious with, the particular neighborhood and the established uses therein.

(b)

In granting architecture and site approval, time extension or modifications thereof, the deciding body may include such conditions as are reasonable and necessary under the circumstances to carry out the intent of this chapter. Such conditions, without limiting the discretion and authority of the deciding body in this regard, may include site planning conditions, architectural conditions, landscape conditions, street dedication, street and drainage improvements, off-street parking conditions and outdoor advertising conditions.

(Ord. No. 1316, § 5.20.060, 6-7-76; Ord. No. 1377, 12-5-77; Ord. No. 1680, 3-17-86)

Variances from the provisions of this chapter may be granted upon a finding of fact that, owing to special conditions, enforcement of the provisions of this chapter would result in undue hardship.

(Ord. No. 1316, § 5.20.100, 6-7-76)

The deciding body, on the basis of the evidence submitted at the hearing, may grant a variance if it finds that:

(1)

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zone; and

(2)

The granting of a variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(Ord. No. 1316, § 5.20.110, 6-7-76; Ord. No. 1375, 11-21-77)

In approving a variance, a time extension or modification thereof, the deciding body may include such conditions as are reasonable and necessary under the circumstances, to preserve the integrity and character of the zone and to secure the general purposes of this chapter and the general plan. Such conditions, without limiting the discretion and authority of the deciding body, may include time limitations, architecture and site approval, street dedication, and street and drainage improvements.

(Ord. No. 1316, § 5.20.120, 6-7-76; Ord. No. 1375, 11-21-77)

The adoption of this chapter is based on the premise that there are uses which can be specified for each zone which, in practically all instances, will be mutually compatible. In addition, there are other uses which might be compatible with ordinarily allowed uses if properly located and regulated. These are called conditional uses. They are listed in section 29.20.185. However, the listing of a conditional use does not indicate that the use must be allowed. There will be locations or instances where a specified conditional use is inappropriate in a zone regardless of the extent of regulation.

(Ord. No. 1316, § 5.20.200, 6-7-76; Ord. No. 1363, 8-1-77)

An "X" indicates that an activity is allowed in a zone if a conditional use permit is issued. Activities listed in this table are only allowed where a conditional use permit is issued, or where the activity is specifically listed in the permitted uses for the zone.

(Ord. No. 1316, § 5.20.205, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1367, 9-19-77; Ord. No. 1369, 10-3-77; Ord. No. 1375, 11-21-77; Ord. No. 1405, 9-5-78; Ord. No. 1417, 2-20-79; Ord. No. 1476, 9-15-80; Ord. No. 1483, 12-2-80; Ord. No. 1493, 3-17-81; Ord. No. 1506, 7-6-81; Ord. No. 1531, 4-20-82; Ord. No. 1546, 8-16-82; Ord. No. 1555, 10-25-82; Ord. No. 1571, 3-7-83; Ord. No. 1596, 10-24-83; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No. 1701, 12-15-86; Ord. No. 1724, 5-18-87; Ord. No. 1725, 6-1-87; Ord. No. 1729, 6-15-87; Ord. No. 1732, 7-20-87; Ord. No. 1737, § V, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1835, § III, 7-16-90; Ord. No. 1842, § II, 4-1-91; Ord. No. 1896, § I, 4-6-92; Ord. No. 1961, § I, 11-15-93; Ord. No. 1993, § I, 1-3-95; Ord. No. 2006, § IIA, 11-6-95; Ord. No. 2011, § I, 3-4-96; Ord. No. 2107, § II, 11-4-02; Ord. No. 2115, § III, 9-15-03; Ord. No. 2131, § I, 5-3-04; Ord. No. 2132, § II, 5-17-04; Ord. No. 2149, § I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, §I(Exh. A), 10-21-13; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2273, § I, 5-1-18; Ord. No. 2280, § I, 3-19-19; Ord. No. 2304, § II, 2-18-20; Ord. No. 2306, § I, 4-21-20; Ord. No. 2310, § I, 8-4-20; Ord. No. 2342, §§ X, XI, 8-1-23)

(a)

The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of this chapter if it finds that:

(1)

The proposed uses of the property are essential to the public convenience or welfare;

(2)

The proposed uses will not impair the existing uses of the zone;

(3)

The proposed uses would not be detrimental to public health, safety or general welfare; and

(4)

The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter; and

(5)

A hazardous waste facility proposal is subject to the California Health and Safety Code, Article 8.7, Section 25199—25199.14 and shall be consistent with the Santa Clara County Hazardous Waste Management Plan.

(b)

The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a formula retail business greater than ten thousand (10,000) square feet if any of the following findings are made:

(1)

The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter;

(2)

The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located;

(3)

The proposed use would create an over-concentration of similar types of businesses, or

(4)

The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality.

(c)

The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a new office building if any of the following findings are made:

(1)

The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter;

(2)

The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located;

(3)

The proposed use would create an over-concentration of similar types of businesses; or

(4)

The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality.

(d)

The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for new retail sales of firearms, ammunition and/or destructive devices if it finds any of the following:

(1)

The proposed use is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter;

(2)

The proposed use will detract from the existing balance and diversity of businesses in the industrial district in which the use is proposed to be located; and

(3)

The proposed use does not comply with the location requirements as contained in section 29.70.100.

(Ord. No. 1316, § 5.20.210, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2006, § III, 11-6-95; Ord. No. 2107, § III, 11-4-02; Ord. No. 2132, § III, 5-17-04; Ord. No. 2149, § I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XII, 8-1-23; Ord. No. 2370, § VI, 2-4-25)

In approving a conditional use permit, time extension or modification thereto, the deciding body may include such conditions as are reasonable and necessary under the circumstances, to preserve the integrity and character of the zone and to secure the general purposes of this chapter and the general plan. Such conditions, without limiting the discretion and authority of the deciding body, may include time limitations, architecture and site approval, street dedication, street and drainage improvements, and additional parking.

(Ord. No. 1316, § 5.20.220, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77)

(a)

When reviewing an application for a conditional use permit or modification to a conditional use permit to sell beer or wine for consumption off-premises at a service station pursuant to section 29.20.185, the deciding body shall consider the following factors in addition to those required in section 29.20.190:

(1)

The number of locations of retail on-sale and off-sale licneses to sell alcohol located within a reasonable distance, generally one (1) mile, of the proposed location;

(2)

The proximity of the location to schools, public parks, playgrounds, youth-oriented facilities, and residential neighborhoods. Generally, beer and wine sales within five hundred (500) feet of school, public park, playground, or youth-oriented uses should not be allowed;

(3)

Hours of operation and of alcohol sales;

(4)

Past history of businesses on the property; and

(5)

History of loitering and police activity in the general neighborhood of location.

(b)

When reviewing an application to sell beer and wine for consumption off-premises at a service station, the deciding body shall impose the following conditions and operating standards:

(1)

No beer or wine shall be displayed within five (5) feet of the cash register.

(2)

No advertisement or display of beer or wine shall be made outside the building in which sales or beer and wine occur.

(3)

No sale of beer or wine shall be made from a drive-in window.

(4)

No beer or wine for sale shall be refrigerated, and no display or sale of beer or wine shall be made from an ice tub.

(5)

No self-illuminated advertising for beer or wine shall be located on buildings or windows.

(6)

Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who may sell beer or wine shall be at least twenty-one (21) years of age.

(7)

There shall be no on-premises consumption of beer or wine.

(8)

The sale of beer and wine shall at all times be incidential to the operation of the building as a service station. Whether the sale of beer or wine is incidential shall be determined by measurement of the space devoted to sales of beer and wine with relation to sales of grocery and convenience items, nad the volume of sales of beer and wine with relation to sales of other grocery and convenience items.

(9)

Uniformed security personnel may be required in or around the premises by the Chief of Police if alcohol-related problems recur that are not resolved by the licensed owner.

(10)

At the discretion of the Chief of Police, periodic meetings will be conducted with representatives of the Police Department for ongoing employee training on alcoholic beverages sales to the general public.

(11)

The operator shall post and maintain a warning regarding driving after consumption of alcoholic beverages in a visible location near the cash register.

(c)

For all purposes of this chapter, sale of beer and wine shall be considered an intensification of use.

(d)

The deciding body shall make written findings on the application based on substantial evidence in view of the whole record.

(e)

If State law imposes more stringent requirements than those imposed pursuant to this section, then those State requirements shall apply.

(Ord. No. 2023, § IV, 11-18-96; Ord. No. 2149, § I, 5-1-06)

(a)

When reviewing an application for a conditional use permit or modification to a conditional use permit for retail sales of firearms, ammunition and/or destructive devices pursuant to section 29.20.185, the deciding body shall consider the following factors in addition to those required in section 29.20.190 and section 29.70.100:

(1)

Any change in the type of Federal Firearms License, or any other required State license or permit, and change to the validity of the licenses held by the business granted a conditional use permit shall require an application for a modification of the conditional use permit, and shall be subject to all required findings set forth in section 29.20.190.

(2)

For existing nonconforming businesses that do not have a conditional use permit, any change in the type of Federal Firearms License type, any change in the State of California Certificate of Eligibility or any other required State license or permit, change to the validity of the licenses held by the business shall require an application for a conditional use permit, and shall be subject to all required findings set forth in section 29.20.190.

(b)

When reviewing an application for retail sales of firearms, ammunition and/or destructive devices, the deciding body shall impose the following conditions and operating standards:

(1)

No person shall engage in the business of selling, leasing, transferring, advertising or offering or exposing for sale any firearms, ammunition, or destructive devices without first obtaining a permit pursuant to the provisions of sections 14.130.010 through 14.130.075 of the Town Code. For purposes of this chapter, engaging in the business of selling or transferring firearms, ammunition, and /or destructive devices includes the infrequent sale or transfer, offer, exposing for sale, or advertising of firearms, ammunition, and/or destructive devices.

(2)

Within one (1) year from occupancy the Town Council shall conduct annual reviews of the conditional use permit for compliance.

(c)

Notice of the hearing shall be subject to section 29.20.565 except that notices shall be mailed within five hundred (500) feet of the real property that is the subject of the hearing.

(d)

For the purposes of this chapter, any change in the type of Federal Firearms License type or State license of permits shall be considered an intensification of use.

(e)

The deciding body shall make written findings on the application based on substantial evidence in view of the whole record.

(f)

If State or Federal law imposes more stringent requirements than those imposed pursuant to this section, then those State or Federal requirements shall apply.

(Ord. No. 2220, § I(Exh. A), 10-7-13)

A use authorized by conditional use permit shall not be modified unless a modification to the permit is approved. The following changes in use are modifications:

(1)

Intensification of use. Changes of use that will result in an increase of five (5) or more peak hour trips.

(2)

Commencement of new activities that could have a material adverse impact on the surrounding area.

(3)

Any change that is a substantial departure from plans which were the basis of the conditional use permit approval.

(Ord. No. 1316, § 5.20.230, 6-7-76; Ord. No. 1832, § III, 7-16-90; Ord. No. 1862, § I, 8-19-91; Ord. No. 2143, § I, 4-18-05)

(a)

These provisions are intended to establish criteria for the siting, design, modifications and maintenance of wireless telecommunications facilities within the Town of Los Gatos as specifically set forth in this division and in standards that may be enacted by resolution pursuant to this division. Wireless telecommunications facilities include, but are not limited to, telecommunications antennas and related facilities, and structures or equipment used for the purposes of wireless personal or business communications and transmission of data.

(b)

These provisions are further intended to implement the land use regulation of telecommunications facilities as permitted pursuant to the 1996 Federal Telecommunications Act. As such these provisions are not intended to unduly restrict or unreasonably interfere with the development of the competitive wireless telecommunications marketplace within the Town of Los Gatos.

(c)

The standards and guidelines established for wireless communications facilities in this division shall promote the following goals:

(1)

Ensure the health, safety and general welfare of the community while enabling a competitive, varied and high quality wireless communications service infrastructure to serve the Town's residents and business community.

(2)

Ensure a telecommunications network that will serve an effective role in the Town's emergency response system and generally provide full service coverage for personal wireless telecommunications services.

(3)

Protect the visual character of the Town through careful design, siting, landscaping, and innovative camouflaging techniques for wireless telecommunications facilities.

(4)

Limit the proliferation of new towers by permitting the construction of new towers only after all other reasonable opportunities have been exhausted and encourage the configuration of towers and antennas in a manner that minimizes adverse visual impacts.

(5)

Allow potential wireless service providers to utilize a streamlined permitting process after demonstrating compliance with the standards enacted pursuant to this division, as well as, with other zoning, building and safety regulations.

(6)

Enhance the ability of wireless service providers to provide service quickly, effectively and efficiently.

(7)

Provide for the uniform application of standards and guidelines for the siting, design, modification and maintenance of telecommunications facilities as allowed under the 1996 Telecommunications Act, as may be amended.

(8)

Require, to the greatest extent possible, cooperation between telecommunications providers in order to achieve co-location of facilities and to avoid construction of additional single-use towers.

(Ord. No. 2113, § I, 6-16-03)

For the purposes of this division, unless otherwise defined herein, the terms, phrases, words, and their derivations used herein shall have the same meaning as may be set forth in any standards enacted by resolution pursuant to this division.

(Ord. No. 2113, § I, 6-16-03)

These provisions shall apply to all varieties of external wireless telecommunications facilities, including aerials, towers and related supporting structures and equipment, located within any zoning designation, including plan development zones. The varieties of telecommunications facilities covered by these provisions shall include any fixed equipment, facilities and structures used to transfer information without wires, including but not limited to, cellular communication, amateur radio, personal communications services (PCS), enhanced specialized mobile radio (ESMR), any data, voice, video images, facilities built for transmittal of wireless digital television, satellite communications and other wireless facilities.

(Ord. No. 2113, § I, 6-16-2003)

Except as provided in this article, on the effective date of the ordinance adopting these provisions, the continued use of pre-existing aerial, tower or antenna support structure or supporting any other facilities, such as cabinets and support equipment, (herein "non-conforming structures and facilities") may continue as legal non-confirming structures and facilities, even if they exist and operate in conflict with the terms of this division. Any attempt to reconstruct or otherwise modify non-conforming structures or supporting facilities shall require full conformity with this division and related standards.

(Ord. No. 2113, § I, 6-16-2003)

All telecommunications antenna facilities and related equipment in the Town of Los Gatos shall conform to the following general requirements and those that may be set forth in any standards enacted by resolution pursuant to this division:

(1)

Compliance with the General Plan and any other adopted land use plan, policies and guidelines adopted by the Town of Los Gatos including, but not limited to, the requirements of the zoning regulations, Hillside Development Standards and Guidelines, and adopted specific plans.

(2)

Compliance with the California Environmental Quality Act.

(3)

Compliance with the requirements of any other governmental agency with jurisdiction over the installation of telecommunications facilities.

(4)

Compliance with any applicable easements, restrictions or land use approvals restricting development on any given parcel.

(5)

Compliance with the radio frequency emission standards adopted by the Federal Communications Commission, which shall include any combined radiation levels produced by antennas located on the same parcel in addition to all antennas within a 100 foot distance of the proposed facility.

(6)

Compliance with the California Uniform Building Code and subject to the Town of Los Gatos building permit process.

(7)

The telecommunications facility shall be an accessory use, secondary to the primary use on the parcel. Exceptions to this requirement shall be made for any parcel that is designated as open space, is within a public utility, road or infrastructure easement, or is vacant but subject to future development to include a primary use.

(8)

Any and all standards enacted by resolution pursuant to this article.

(Ord. No. 2113, § I, 6-16-2003)

As set forth herein and in any standards enacted by resolution pursuant to this division.

(Ord. No. 2113, § I, 6-16-2003)

The following telecommunications facilities are exempt from the discretionary review and requirement to obtain a permit as described in this division if located outside the public right-of-way, and are subject to review by the Town's Community Development Director:

(1)

Facilities, the regulation of which, is entirely preempted by state or federal law. The owner of the proposed facility shall provide the Town with a copy of all applicable preempting regulations prior to installation of the exempt equipment and, if applicable, a current permit issued by the Federal Communications Commission or the California Public Utility Commission.

(2)

A single building-mounted receive only radio or television antenna not exceeding fifteen (15) feet in height used solely by the tenant of a residential or commercial property on which the building and antenna is located.

(3)

A single ground or building-mounted direct broadcast satellite (DBS) antenna, multi-point distribution services (MDS) antennas, or television broadcast service (TVBS) antennas which are less than one (1) meter or thirty-nine (39) inches in diameter when it is used for the sole use of an occupant of a residential or commercial property on which the antenna is located. The equipment may not exceed the height of the roof ridge of the main structure it is located or be located within a required setback.

(4)

Mobile temporary telecommunications facilities to provide public information or news events for no longer than seventy-two (72) hours.

(5)

Temporary telecommunications facilities when deployed during an emergency or natural disaster.

(6)

Facilities located entirely within a building and serving only that building.

(7)

Telecommunications facilities for police, fire and other essential public health and safety services.

(8)

Amateur radio antenna and supporting structures when the antenna and/or supporting structure does not exceed the height allowed by the underlying zone. The operator must be licensed by the Federal Communications Commission as an amateur radio operator.

(Ord. No. 2113, § I, 6-16-2003)

(a)

Any wireless telecommunications facility and/or any applicable facility as described in this division shall not be installed, erected, modified or changed except upon approval of an administrative land use permit or a conditional use permit. Applicable permit fees are subject to the adopted fee schedule for such permits.

(b)

Subject to provisions of this division, the Community Development Director is authorized to approve an administrative land use permit for wireless telecommunications facilities.

(c)

The Town of Los Gatos Planning Commission is authorized to approve, approve with conditions, or deny applications for telecommunications facilities requiring a conditional use permit. Those applications not required to obtain a conditional use permit shall be subject to administrative approval pursuant to the authority of this article.

(d)

Any permit review process for proposed telecommunications facilities may be incorporated as part of a related development project, provided that the review process and applicable standards shall conform with provisions set forth in this article or in any standards enacted by resolution pursuant to this article.

(Ord. No. 2113, § I, 6-16-2003)

All wireless telecommunications facilities not specifically exempted from the provisions of this article as set forth in section 29.20.211 are subject to one of the permitting requirements set forth below as well as the adopted Town of Los Gatos fee schedule:

(1)

Administrative land use permit. Telecommunication facilities meeting criteria for administrative land review as may be specified in any standards enacted by resolution pursuant to this article, Microcell and equivalent type of antenna, are subject to an administrative land use permit review and approval and subject to adopted fee schedules. Proposed facilities meeting the criteria for an administrative permit shall be approved by the Community Development Director without action by the Town of Los Gatos Development Review Committee or a public hearing before the Planning Commission. Any decision to issue an administrative land use permit may be appealed to the Town of Los Gatos Planning Commission within ten (10) days from the date of the decision.

(2)

Conditional use permit. Except as otherwise provided in this article, division 4, including section 29.20.285(6)(b), and division 5, including section 29.20.405 et seq., any wireless telecommunications facility and/or any applicable facility as described under the conditional use permit requirements provisions of division and related standards is required to obtain a conditional use permit. Any modification or change to an approved facility will require an application to modify the conditional use permit. If it is found that the change or modifications meets the criteria identified under the administrative land use permit then the previously approved conditional use permit may be revoked and an administrative land use permit may be issued.

(3)

Development Review Committee. Prior to the public notice of the Planning Commission hearing for a conditional use permit application for telecommunications facilities the Development Review Committee must deem the application complete pursuant to the applicable standards set forth in this division and related standards. Any facility that does not meet federal standards for radio frequency ("RF") emissions, including a proposed facility where the aggregated RF emissions inclusive of other surrounding facilities exceed federal RF emission standards, will not be deemed complete and applications will be rejected.

(4)

Planning Commission. Applications for telecommunications facilities that do not meet the provisions of section 29.20.213(a) above, or those that at the discretion of the Community Development Director are determined to require approval by the Planning Commission. Planning Commission level actions include, but are not limited to, those found in this article and related standards enacted pursuant to this article.

(5)

Town Council. The Town Council shall hear items that are appealed from decisions of the Planning Commission as set forth in the Town Code.

(Ord. No. 2113, § I, 6-16-2003)

(a)

Telecommunications facilities, whether operating alone or in conjunction with other facilities, shall not generate radio frequency emissions ("RF") in excess of the guidelines established by the Federal Communications Commission and Food and Drug Administration.

(b)

A bi-annual, RF exposure report is required and shall be incorporated as a condition of project approval. The report shall be prepared by a Food and Drug Administration certified professional and submitted to the Community Development Director to ensure that no modifications to the site, surrounding environment, or equipment wear and tear have caused an increase in RF exposure over the period after initiation of use of a telecommunications facility. In the event an increase over accepted levels is detected, the equipment shall be immediately taken out of service and the applicant shall be responsible for immediately making all necessary adjustments to comply with Federal Communications Commission guidelines; otherwise revocation hearings will commence.

(c)

The RF emissions analysis shall include emissions from the proposed telecommunications facility and its supporting equipment in combination with any existing facilities on site of the proposed facility. The total combined shall not exceed current Federal Communications Commission adopted standards for human exposure to RF fields.

(d)

An updated RF emission report shall be required every five (5) years as part of the required renewal of an administrative permit.

(Ord. No. 2113, § I, 6-16-2003)

(a)

The Community Development Director is authorized at his/her discretion to employ on behalf of the Town an independent technical consultant to review any telecommunications facility proposal subject to this division. Additional information, studies, analysis and data may be required as the Director and/or consultant deem necessary to evaluate the proposed site and/or facilities.

(b)

The cost of this review will be borne by the applicant through a deposit pursuant to the adopted fee schedule.

(Ord. No. 2113, § I, 6-16-2003)

Required findings for approval of a telecommunications facility permit shall include those found in section 29.20.190 of this division, along with a finding that the application substantially complies with the provisions of this article and related standards enacted by resolution pursuant to this article.

(Ord. No. 2113, § I, 6-16-2003)

Any administrative land use permit or conditional use permit for a telecommunications facility issued pursuant to this article shall be in effect for an initial period of five (5) years, after which time the Town may require an administrative review to verify compliance with the original project approval and the provisions of this division and related standards enacted by resolution pursuant to this article. If an administrative review is required, an updated radio frequency emissions report shall be prepared by a Food and Drug Administration certified professional pursuant to the requirements of section 29.20.214, et seq. of this division and submitted to the Town for verification of compliance with current state and federal standards. The Town may also require that facilities and antenna meet the most current technological industry standards. A review shall be required every five (5) years thereafter.

(Ord. No. 2113, § I, 6-16-2003)

The approval of any conditional use permit for a telecommunications antenna and/or facilities shall become null and void if any of the following occurs:

(1)

The project is not implemented/constructed within one (1) year of its approval.

(2)

The project is implemented or fully constructed, but its permit issued pursuant to this division has expired without extension. If the facility is co-located with other carriers approved at different dates, a separate expiration date will be applicable to each applicant according to their original approval dates.

(Ord. No. 2113, § I, 6-16-2003)

In the event of any violation of the provisions of this article, the conditions of approval, or other requirements of the permit, the Town shall notify the applicant, unless otherwise advised by the applicant, and schedule a revocation hearing in accordance with sections 29.20.310 and 29.20.315 of the Town Code.

(Ord. No. 2113, § I, 6-16-2003)

The following shall apply to all wireless telecommunication facilities that have ceased to operate for a continuous period of at least six (6) months and/or for which any applicable local permits have been revoked:

(1)

All equipment associated with an antenna or personal wireless service facility shall be removed within ninety (90) days of being noticed of the discontinuation of the use or final revocation of the permit and/or of the date of notice from the Community Development Director of the discontinuation of use and/or final revocation of the permit.

(2)

The site shall be restored to its original pre-construction condition. Abandoned telecommunications equipment constitute a nuisance subject to abatement pursuant to the provisions of the Town Code, including section 1.10.100. In addition, if the abandoned facility is not removed within ninety (90) days pursuant to subsection (1) of this section, the Town may execute the security bond to pay for removal of the facility. If there are two or more uses of a single facility, this provision shall not become effective until all uses of the facility are discontinued.

(Ord. No. 2113, § I, 6-16-2003)

The applicant or other designated representative shall be responsible for notifying the Community Development Director in writing upon temporary or permanent cessation of operation or change of ownership of any telecommunications facility. The applicant and/or property owner shall be responsible for the removal of all obsolete or unused facilities or portions thereof within the time limit found in section 20.20.220 above.

(Ord. No. 2113, § I, 6-16-2003)

(a)

As a condition of approval of any wireless telecommunication facility either through an administrative land use approval or conditional use permit, the Town shall set the form and amount of security that represents the cost for removal and disposal of abandoned wireless telecommunications facilities in the event that these facilities are abandoned and the facility owner is incapable and /or unwilling to remove them.

(b)

As a condition of approval of any wireless telecommunication facility permit, the Town shall require submission of proof of adequate insurance covering accident or damage caused by any elements of the approved wireless telecommunication facility.

(Ord. No. 2113, § I, 6-16-2003)

These provisions are intended to establish an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, CA Govt. Code Section 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. These provisions are intended to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the Town, and expanding the ability of property owners to install solar energy systems. These provisions allow the Town to achieve these goals while protecting the public health and safety.

(Ord. No. 2245, § I, 11-3-15)

The following words, terms and phrases, when used in this division, shall have the following meanings ascribed to them in this section:

Electronic signature means a digital signature or digital stamp that is issued by a certificate authority approved by the California Secretary of State and which meets the requirements of Government Code Section 16.5.

Electronic submittal means the utilization of one (1) or more of the following:

1.

Email;

2.

The Internet;

3.

Facsimile.

Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance means:

1.

For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed.

2.

For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed.

Small residential rooftop solar energy system means all of the following:

1.

A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2.

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the Town and all state and Town health and safety standards.

3.

A solar energy system that is installed on a single or duplex family dwelling.

4.

A solar panel or module array that does not exceed the maximum legal building height as defined by the Town.

Solar Energy System means either of the following:

1.

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2.

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. No. 2245, § I, 11-3-15)

(a)

These provisions apply to the permitting of all small residential rooftop solar energy systems in the Town.

(b)

Small residential rooftop solar energy systems legally established or permitted prior to October 31, 2015, are not subject to the requirements of these provisions unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 2245, § I, 11-3-15)

(a)

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the Town.

(b)

Solar energy systems for heating water in single-family residences and for heating water in commercial buildings or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(c)

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 2245, § I, 11-3-15)

(a)

All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible Town website.

(b)

Electronic submittal of the required permit application and documents by email, or the Internet, shall be made available to all small residential rooftop solar energy system permit applicants.

(c)

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(d)

The Town's Building Division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(e)

The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(f)

All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.

(Ord. No. 2245, § I, 11-3-15)

(a)

The Town's Building Division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The Building Division shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one (1) to three (3) business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Building Official may require an applicant to apply for a minor residential permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Town Planning Commission.

(b)

Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements.

(c)

If a minor residential permit is required, the Town may deny an application for the minor residential if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Town Planning Commission.

(d)

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(e)

A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the Town on another similarly situated application in a prior successful application for a permit. The Town shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(f)

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(g)

Only one (1) inspection shall be required and performed by the Town for small residential rooftop solar energy systems eligible for expedited review.

(h)

The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a two-hour inspection window.

(i)

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of these provisions.

(Ord. No. 2245, § I, 11-3-15)

Any interested person as defined in section 29.10.020 may appeal to the Planning Commission any decision of the Planning Director:

(1)

Determining an application for a horse permit, for an amateur horse event or animal permit, for a home occupation permit, for a tree removal permit, for a sign permit, for a minor residential development permit, or denying a certificate of use and occupancy on the ground that the use is not allowed in the zone.

(2)

Granting or denying an extension of time related to one (1) of the foregoing transactions.

(3)

Revoking or modifying one (1) of the foregoing approval of permits.

(4)

Determination of an unlawful demolition and/or the penalty and the cost assessment for the unlawful demolition.

(5)

Determining a request for reasonable accommodation.

(6)

Determining matters pertaining to historic preservation.

(Ord. No. 1316, § 5.30.010, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1654, 4-22-85; Ord. No. 1741, 12-21-87; Ord. No. 2083, § I, 5-7-01; Ord. No. 2149, § I, 5-1-06; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2283, § I, 5-21-19; Ord. No. 2355, § I, 4-2-24)

Any interested person as defined in section 29.10.020 may appeal to the Planning Commission any Development Review Committee decision making a determination authorized by section 29.20.745.

(Ord. No. 1900, § I, 5-4-92; Ord. No. 2283, § I, 5-21-19)

Editor's note— Ord. No. 2355, § II, adopted April 2, 2024, repealed § 29.20.258, which pertained to appeals from decisions of the historic preservation committee and derived from Ord. No. 1915, § I, 10-19-92; Ord. No. 2283, § I, 5-21-19.

The appellant must file a written notice of appeal with the Planning Director not more than ten (10) days after the date of mailing of written notification of the Planning Director's decision and not more than ten (10) days after the decision is rendered by the Development Review Committee or the Historic Preservation Committee. The notice shall state clearly the reasons why the appeal ought to be granted. Once a written notice of appeal has been filed, it may be withdrawn by the appellant at anytime prior to the distribution of public hearing notices, but not thereafter.

(Ord. No. 1316, § 5.30.020, 6-7-76; Ord. No. 1900, § II, 5-4-92; Ord. No. 1915, § II, 10-19-92; Ord. No. 2149, § I, 5-1-06)

(a)

Hearing of the appeal shall be set for the first regular meeting of the Planning Commission in which the business of the Planning Commission will permit, more than five (5) days after the date of filing the appeal. The Planning Commission may hear the matter anew and render a new decision in the matter.

(b)

For hearings dealing with an appeal of an unlawful demolition and/or the penalty fee for the lawful demolition the Planning Commission shall do the following:

(1)

The Planning Commission shall consider any written or oral evidence consistent with its rules and procedures regarding the violation, compliance by the violator or by the real property owner, and the amount of the penalty.

(2)

The Planning Commission shall make the findings and issue its determination regarding:

a.

The existence of the violation;

b.

The appropriateness of the amount of the penalty fee.

(3)

The Planning Commission shall issue written findings of each violation. The findings shall be supported by evidence received at the hearing.

(4)

If the Planning Commission finds by the evidence provided that a violation has occurred, the Planning Commission shall affirm the decision of the Planning Director.

(5)

If the Planning Commission finds that no violation has occurred, the Planning Commission shall state a finding of those facts.

(6)

The Planning Commission may approve or reduce the amount of the penalty but not the application penalty fee which is established by resolution.

(Ord. No. 1316, § 5.30.030, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2083, § I, 5-7-01)

Editor's note— Section III of Ord. No. 1900, adopted May 4, 1992, repealed former § 29.20.270, relative to appeals from decisions by the Development Review Committee, which derived from Ord. No. 1316, § 5.30.040, adopted June 7, 1976; Ord. No. 1375, adopted Nov. 21, 1977; and Ord. No. 1630, enacted Nov. 19, 1984. See current § 29.20.257 for similar subject matter.

Any interested person as defined in section 29.10.020 may appeal to the Council any decision of the Planning Commission. The appellant must file a written notice of appeal in duplicate with the Clerk not more than ten (10) days after the decision is rendered. The notice of appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by substantial evidence in the record. The Council shall only hear the appeal if the notice is filed and all required fees are paid within the ten-day appeal period. An appellant may submit a written request to withdraw their appeal any time before the scheduled hearing for the appeal.

(Ord. No. 1316, § 5.30.050, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1523, 12-21-81; Ord. No. 1526, 3-15-82; Ord. No. 2149, § I, 5-1-06; Ord. No. 2283, § I, 5-21-19; Ord. No. 2298, § I, 12-17-19)

The appeal shall be heard by the Council within fifty-six (56) days after the date of the hearing at which the final decision by the Planning Commission was made. The Council may continue from time to time any hearing held by it.

(Ord. No. 1316, § 5.30.060, 6-7-76; Ord. No. 1967, § I, 1-18-94)

The Clerk shall set the hearing of the appeal and shall give notice of such hearing in the manner required for the hearing of the matter before the Planning Commission. In addition, the Council may give notice of the hearing in such other manner as it wishes.

(Ord. No. 1316, § 5.30.070, 6-7-76; Ord. No. 1375, 11-21-77)

The Planning Director shall transmit the entire record of any proceeding under this chapter to the Council.

(Ord. No. 1316, § 5.30.080, 6-7-76)

In the appeal, and based on the record, the appellant bears the burden to prove that there was an error or abuse of discretion by the Planning Commission as required by Section 29.20.275. If neither is proved, the appeal shall be denied. If the appellant meets the burden, the Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, in its discretion, return the matter to the Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review.

(Ord. No. 1316, § 5.30.090, 6-7-76; Ord. No. 1901, § I, 5-4-92; Ord. No. 1996, § I, 3-20-95; Ord. No. 2298, § I, 12-17-19)

Editor's note— Ord. No. 2298, § I, adopted Dec. 17, 2019, repealed § 29.20.300, which pertained to decision and derived from Ord. No. 1316, § 5.30.100, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1471, 5-19-80; Ord. No. 1901, § II, 5-4-92; Ord. No. 1996, § II, 3-20-95.

When zoning approval has been granted, development and use of land shall conform to the terms of the approval. Approvals may be modified. Applications for modifications are determined by the body having jurisdiction to grant the original application. Applications for modifications are heard anew and the deciding body may impose new conditions or modify previous conditions.

(Ord. No. 1316, § 5.30.110, 6-7-76; Ord. No. 1375, 11-21-77)

The Planning Commission on its own motion or on the recommendation of the Planning Director or the Chief of Police, may, and if requested by the Council shall, hold a hearing to consider modifying or revoking any zoning approval that has been granted pursuant to this chapter or any prior ordinance. Notice of the hearing shall be given in the same manner as for the hearing of an application for zoning approval. Written notice of the hearing shall also be mailed to any principals making use of, or relying upon, any such zoning approval not less than five (5) days prior to the date of the hearing.

(Ord. No. 1316, § 5.30.120, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1976, § II, 5-2-94; Ord. No. 2220, § I(Exh. A), 10-7-13)

(a)

After the hearing the Planning Commission may revoke or modify a zoning approval if it finds that one (1) or more of the following grounds exist:

(1)

That the zoning approval was obtained by fraud;

(2)

That any person making use of, or relying upon the zoning approval is violating or has violated any conditions of such zoning approval or of section 29.10.095, or the use for which the zoning approval was granted is being, or has been, exercised contrary to the terms or conditions of such approval; or

(3)

That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or to be a nuisance.

(b)

When the Council holds a hearing to consider revocation of a building permit under section 6.20.230 of this Code, it may at the same time itself exercise the powers of the Planning Commission under this section. In such case it shall comply with the notice requirements of both this section and section 6.20.235 of this Code.

(Ord. No. 1316, § 5.30.130, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1509, 7-20-81; Ord. No. 1617, 5-21-84)

(a)

Notwithstanding section 29.20.310, if the Town Manager determines that there is cause to believe that any establishment serving alcoholic beverages may be in violation of the approved Conditional Use Permit for the establishment, the Town Manager will cause a notice of violation to be mailed to the current owners of the property and establishment as disclosed in the most recent County assessor's roll and the Town business license files. This notice will describe the alleged violations.;

(b)

If the Town Manager determines that the alleged violations have not been abated within the time frames set forth in the Manager's notice of violation, the Town Manager may cause a notice of hearing to be mailed to the current owners of the property and establishment as disclosed in the most recent County assessor's roll and the Town business license files. The notice of hearing will include a description of the violations and specify a time and place for an administrative hearing before the Manager or the Manager's designee. The hearing will occur no earlier than fifteen (15) days after the mailing of the notice of hearing. The owners shall be entitled to present evidence regarding the matter and to respond to the alleged violations. If the owners fail to appear at the hearing, the Manager or designee may proceed to decide the matter without their presence.

(c)

If after the hearing, the Manager or the Manager's designee determines that the establishment is in violation of the approved Conditional Use Permit for the establishment, the Manager or the Manager's designee may limit the hours of operation of the establishment, up to and including closure no later than 10:00 p.m. until the Manager or the Manager's designee determines that the violations have been abated. Upon determination that the violations have been abated, the Manager will notify the owners of the property and the establishment that the establishment is in compliance and will increase the operating time limits as the Manager or designee determines is appropriate in light of the violations that occurred and the abatement steps taken. The decision of the manager shall be effective immediately and the establishment shall immediately conform its hours of operation to the Manager's order.

(d)

Any interested person may appeal the decision of the Manager or the Manager's designee to the Council as if it were a decision of the Planning Commission pursuant to section 29.20.275 and following. During pendency of the appeal, the establishment shall conform to the hours set by the Manager's order.

(e)

In no event will the Town Manager or the Manager's designee have authority to restrict the hours of operation to a time before 10:00 p.m. If the Manager determines that such a further restriction, modification of other elements of the establishment or use permit, or revocation are appropriate, the Manager will request the Planning Commission to consider the matter pursuant to section 29.20.310.

(Ord. No. 1976, § III, 5-2-94; Ord. No. 2304, § II, 2-18-20)

All approvals granted under the terms of this chapter expire two (2) years after the date of approval unless the approval is used before expiration, except that approvals embodied in an ordinance have no expiration date.

(Ord. No. 1316, § 5.30.140, 6-7-76; Ord. No. 1659, 7-15-85; Ord. No. 1776, § I, 12-5-88)

(a)

Reasonable extensions of time not exceeding one (1) year may be granted by the body having jurisdiction to grant the original application. Extensions are valid only if approved before the pending expiration date and are measured from that date. Repeated extensions may be granted and new conditions imposed.

(b)

Before granting an extension of time the deciding body must find from the evidence:

(1)

There would be no legal impediment to granting a new application for the same approval.

(2)

The conditions originally applied or new conditions to be applied as a part of the extension approval are adopted to any new facts concerning the proposed project.

(Ord. No. 1316, § 5.30.150, 6-7-76; Ord. No. 1375, 11-21-77)

Unless there is an appeal the date of approval is the date on which the deciding body votes on the motion or resolution of approval. When there is an appeal, the date of approval is the date of the administrative vote on the motion or resolution finally determining the appeal.

(Ord. No. 1316, § 5.30.160, 6-7-76; Ord. No. 1375, 11-21-77)

For the purpose of section 29.20.320 an approval is used if substantial construction work specifically for the project is lawfully performed after the approval is granted, in reliance on the approval and in reliance on validly issued building permits. (The term construction includes grading.) Or, when the project does not involve substantial construction work, an approval is acted on when the activity approved is commenced in a substantial, as distinguished from tentative or token, manner.

(Ord. No. 1316, § 5.30.170, 6-7-76)

If the activity for which an approval has been granted under the terms of this chapter (except an approval embodied in an ordinance) is discontinued for a period of one (1) year the approval lapses.

(Ord. No. 1316, § 5.30.190, 6-7-76)

When any discretionary approval is required by this chapter, no building permit, certificate of use and occupancy, or any similar evidence of entitlement to build upon or use land in any manner shall issue until the approval is granted and the time for appeal has expired.

(Ord. No. 1316, § 5.30.200, 6-7-76)

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)

Any ordinance which alters the text of this chapter which changes land from one (1) zone to another, or which prezones land or imposes any regulation listed in section 65850 of the Government Code not theretofore imposed is an amendment to this chapter.

(Ord. No. 1316, § 5.50.010, 6-7-76)

Proceedings for adopting amendments to this chapter may be commenced on motion of the Council or the Planning Commission.

(Ord. No. 1316, § 5.50.020, 6-7-76)

When an application is filed with the Planning Commission by an owner of land to change the land from one (1) zone to another the Planning Commission shall commence proceedings to effect the change, unless an application for a similar change for the same land or a larger parcel including the same land has been heard by the Planning Commission during the year immediately preceding the date the application in question is filed. In the latter event, proceedings to effect the change shall not be commenced except after a majority of the Planning Commission votes to hear the application.

(Ord. No. 1316, § 5.50.030, 6-7-76)

When this chapter is amended to change land from one (1) zone to another or to impose, remove or modify any regulation of the type listed in Government Code section 65850 the amendment shall be adopted in the manner provided in this division, except for amendments adopted by means of an interim urgency ordinance, which shall be adopted in the manner provided by Government Code section 65858.

(Ord. No. 1316, § 5.50.040, 6-7-76)

Amendments to this chapter, other than those described in section 29.20.545, may be adopted in the manner provided by statute for other ordinance.

(Ord. No. 1316, § 5.50.050, 6-7-76)

When the Council requests by resolution that the Planning Commission study and report on a zoning ordinance or amendment which is within the scope of section 29.20.545 and the Planning Commission fails to act on the request within a reasonable time the Council may, by written notice, require that the Planning Commission render its report within forty (40) days. On receiving the written notice the Planning Commission, if it has not already done so, shall hold any hearing required. The Planning Commission's failure to report within the forty-day period is deemed to be approval of the proposed ordinance or amendment.

(Ord. No. 1316, § 5.50.060, 6-7-76)

The Planning Commission shall hold a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to section 65090 of the Government Code and, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to section 65091 of the Government Code.

(Ord. No. 1316, § 5.050.070(1), (2), (4), (6), (7), 6-7-76)

State Law reference— Similar provisions, Govt. Code § 65854.

(a)

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the Planning Commission may utilize records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or Government Code section 6509(A)(1) is greater than one thousand (1,000), the Planning Commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one (1) newspaper of general circulation within the Town at least ten (10) days prior to the hearing.

(b)

If the notice is mailed or delivered pursuant to subsection (a), the notice shall also either be:

(1)

Published pursuant to section 6061 of the Government Code in at least one (1) newspaper of general circulation within the Town at least ten (10) days prior to the hearing.

(2)

Posted at least ten (10) days prior to the hearing in at least three (3) public places within the boundaries of the Town, including one (1) public place in the area directly affected by the proceeding.

(Ord. No. 1316, § 5.050.070(3), (5), 6-7-76)

State Law reference— Similar provisions, Govt. Code § 65091(a)(3), (4).

The Planning Commission shall determine whether to recommend that the Council adopt an amendment. If the proceeding was commenced on the motion of the Planning Commission and the Planning Commission determines no amendment is appropriate, no further action is required. Otherwise, the Planning Commission shall render its decision in the form of a written recommendation to the Council.

(Ord. No. 1316, § 5.50.080, 6-7-76)

The recommendation shall include the reasons therefor and a description of the relationship of the amendment to the general plan and any applicable specific plan. The recommendation shall be transmitted in the form of approved Planning Commission minutes for the next Council meeting following approval of the minutes.

(Ord. No. 1316, § 5.50.090, 6-7-76)

After receiving the recommendation of the Planning Commission, the Council shall hold a public hearing unless the amendment would change land from one (1) zone to another, and the Planning Commission has recommended against the adoption of the amendment. In the latter event, the Council may take further action concerning the amendment, but is not required to do so unless an interested party files a written request for hearing with the Town Clerk during the period between the Planning Commission hearing and the day five (5) days after the Planning Commission files its recommendation with the Council.

(Ord. No. 1316, § 5.50.100, 6-7-76)

Notice of the section 29.20.580 hearing shall be given pursuant to section 65090 of the Government Code.

(Ord. No. 1316, § 5.50.100, 6-7-76)

State Law reference— Similar provisions, Govt. Code § 65856(b).

Any hearing under this division may be continued from time to time.

(Ord. No. 1316, § 5.50.120, 6-7-76)

The Council may approve, modify or disapprove the recommendation of the Planning Commission. Any modification of an amendment by the Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification.

(Ord. No. 1316, § 5.50.130, 6-7-76)

When zoning, rezoning or prezoning property, the Council may condition its approval and may decline to adopt an ordinance unless the conditions are met. Such conditions must be reasonably conceived to fulfill the public needs emanating from the landowner's proposed use.

(Ord. No. 1316, § 5.50.140, 6-7-76)

Any area annexed to the Town after the effective date of this chapter, unless prezoned, is immediately upon annexation automatically classified as HR or hillside residential zone until another zone for the area has been adopted by the Council. The Planning Commission shall recommend to the Council appropriate zoning for such area within sixty (60) days after annexation.

(Ord. No. 1316, § 5.50.150, 6-7-76; Ord. No. 1337, 11-1-76)

Unincorporated territory may be prezoned to determine the zone that will apply to the property if it is annexed to the Town. The procedure for prezoning is the same as that for zoning. The zoning becomes effective when annexation occurs.

(Ord. No. 1316, § 5.50.160, 6-7-76)

Zone boundaries are shown on the zoning map. Where uncertainty exists as to the exact location of a zone boundary, the following rules apply:

(1)

Where a boundary appears to follow a street or alley line, the centerline of the street or alley is the boundary.

(2)

Where a boundary approximately follows a lot line, the precise lot line is the boundary.

(3)

Where the circumstances described in subsection (1) or (2) do not exist and adequate dimensions are not shown on the zoning map, the location of the boundary is determined by using the scale shown on the zoning map.

(Ord. No. 1316, § 5.50.170, 6-7-76)

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)

As used in this division, the following words and phrases shall have the following meanings:

Applicant. The person, firm, entity, or corporation applying for a mobile home park conversion permit. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application.

Cessation of use of land as a mobile home park. A decision by the owner of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy.

Change of use. The change of the use of a mobile home park for a purpose other than the rental, or the offering for rent, of two (2) or more mobile home sites to accommodate mobile homes for human habitation. "Change of use" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the park are to be sold, and the cessation of all or a portion of the park, whether immediately or on a gradual basis, or the closure of the park.

Closure of a mobile home park. To stop or cease providing spaces for lease at a mobile home park either by voluntary acquisition of existing mobile homes in the park by the owner(s) of the mobile home park or the removal of existing mobile homes by the mobile home owner and failure to lease more than seventy-five (75) percent of the vacant spaces to otherwise qualified mobile home owners.

Comparable housing. Housing which is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code.

Comparable mobile home park. Any other mobile home park substantially equal in terms of park amenities, rent, proximity to public transportation, shopping, doctors, hospitals and churches, the job market in which a displaced mobile home owner is gainfully employed, proximity to schools if the mobile home owner has school age children, and other relevant factors.

Conversion impact report. A report required by Government Code sections 65863.7 and 66427.4 (as they may be amended) and containing the information set forth in section 29.20.835 of this division.

Conversion of a mobile home park. Any change which results in the elimination of any mobile home lot, including the conversion of any long-term lots to short-term lots. A long-term lot is converted to a short-term lot if, subsequent to August 1, 1988, any habitable structure not meeting the definition of a "mobile home" is moved onto the lot. However, the following shall not constitute a conversion of a mobile home park:

(1)

During any three-year period subsequent to August 1, 1988, no more than one (1) lot may be converted to other uses, provided all necessary governmental approvals, including amendment to any conditional use permit, is obtained from the Town.

(2)

The voluntary sale of existing mobile homes in a park to the park owner and the subsequent rental of the mobile home by the park owner.

(3)

A change in ownership to a limited equity cooperative, provided all mobile home owners residing in the mobile home park are offered lifetime leases pursuant to Health and Safety Code section 33007.5.

Eligible mobile home owner. A mobile home owner whose mobile home was located in a mobile home park on the earlier of the following:

(1)

The date of submittal of a development application form for a mobile home conversion permit;

(2)

The date of filing of a notice of a change of use that the park is undergoing a change of use pursuant to section 29.20.845 if such notice was filed.

Mobile home owner. The registered owner of a mobile home, regardless of the number of such owners or the form of such ownership. Any location assistance payable to an owner of a mobile home shall be deemed paid to all owners of that mobile home when paid to any one (1) of them.

Mobile home park owner. That person or persons or corporation with the controlling or proprietary interest in the mobile home park.

Mobile home site. An area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home in the most recent aerial photographs of the Town or portions thereof within the records of the Community Services Program Manager.

Mobile home site, uninhabited. A mobile home site that is either unoccupied by a mobile home, or occupied by a mobile home in which no person resides.

Mobile home tenant. A person who occupies a mobile home within a mobile home park and is not the owner of the mobile home.

Unit affordability levels. The affordability of mobile home units at time of mobile home park closure as related to the State index for very low, low, moderate and above moderate income households. (Very low is 0—50% of the Santa Clara County median income, low is 51—80% of the median income, moderate is 81—120% of the median income, above moderate is 120%+ of the median income.)

(Ord. No. 1316, § 4.38.010, 6-7-76; Ord. No. 1758, § IV, 8-1-88; Ord. No. 2055, § I, 1-4-99)

In the interpretation and application of this division, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the Town; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 2055, § II, 1-4-99)

(a)

Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or to cease to use land as a mobile home park shall apply for a mobile home park conversion permit by submitting a completed application to the Planning Department. The completed application shall include the following:

(1)

A completed development application form and fee in the amount specified by resolution.

(2)

A list of the names and addresses of all mobile home owners occupying a mobile home space within the park as of the date of submitting the development application form.

(3)

Applications and fees for any other discretionary permits that will be required, including, but not limited to, zone change, conditional use permit and tentative or parcel map.

(4)

The proposed timetable for conversion of the park.

(5)

A conversion impact report prepared in accordance with section 29.20.835.

(6)

Any other information which may be required by the Town to ensure compliance with this chapter and requirements of State law.

(b)

Within ten (10) days after receipt of a development application form, the mobile home owners of the affected mobile home park shall be notified by the Planning Department of the receipt of the development application, what the applicant is requesting, and a proposed time schedule for consideration of the application.

(c)

Within thirty (30) days after receipt of all materials required pursuant to subsections (a)(1)—(5) of this section, the Planning Department shall determine if the application is complete. If the application is not complete, the Planning Director shall notify the applicant in writing of the deficiency or deficiencies. The applicant shall correct any deficiencies within sixty (60) days of mailing of the notice by the Planning Director, unless extended by agreement, otherwise the application shall be deemed to have been abandoned.

(Ord. No. 1316, § 4.38.020, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

(a)

Within thirty (30) days following the receipt of a completed application for a mobile home park conversion permit, the application shall be set for public hearing before the Planning Commission. The public hearing shall be opened, conducted, and closed within that thirty-day period. However, an extension or extensions cumulatively totaling no more than sixty (60) additional days may be granted if mutually agreed to by the Planning Commission and the applicant.

(b)

At the public hearing, or any continuation of it, all interested parties will be allowed to present evidence to the Planning Commission on any aspect of the application. The evidence shall include, but not be limited to, justification for the payment of relocation costs, including the fair market value of any mobile home, evidence why a mobile home cannot be relocated to a comparable park, and similar information.

(c)

In addition to the information/testimony received at the public hearing, the Planning Commission shall consider the information set forth in the application.

(d)

The Planning Commission shall, within thirty (30) days after the close of the public hearing, forward a recommendation to the Town Council. The Planning Commission's recommendation shall be forwarded to the Town Council for consideration. The Town Council may approve, conditionally approve, or deny a mobile home park conversion permit involving a proposed change of use (other than simple closure of the park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied and express local land use authority under both State and local law. The Town Council shall not deny, but may approve or conditionally approve a mobile home park conversion application involving the simple closure of the park, or cessation of the use of the land as a mobile home park, with no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this chapter and there is no evidence that the applicant or owner(s) have attempted to evict or otherwise cause the removal of mobile home owners for the purpose of avoiding or reducing payment of relocation assistance.

(Ord. No. 1316, § 4.38.060, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

The Town Council, in considering an application for a mobile home park conversion permit, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following:

(1)

Whether the information submitted with the application indicates that the proposed conversion, closure, or cessation of use will have an adverse impact upon the mobile home owners of the mobile home park.

(2)

Whether there will exist at the time of the conversion, closure, or cessation of use, sufficient mobile home space availability within the Town and/or within the area surveyed in the impact study to accommodate the mobile homes to be displaced.

(3)

Whether the age, type, condition, and style of mobile homes within the park are such that the mobile homes are able to be moved and accepted into other parks within the area surveyed in the impact study.

(4)

Whether the mobile home owner cannot relocate to a comparable mobile home park within the impact study area and justification for that conclusion.

(5)

What constitutes reasonable costs of relocation.

(6)

If the proposed conversion is to another residential use, whether the mobile home owners will have first opportunity to purchase, if for sale, or occupy the new units, and whether the construction schedule will result in unreasonably long-term displacements.

(7)

Whether the proposed conversion is consistent with the Town's general plan, any applicable specific plan and/or zoning ordinances.

(8)

Whether the proposed conversion will be detrimental to the public health, safety and general welfare.

(9)

Whether all reports and notices required by law have been properly prepared and properly served.

(10)

Whether an applicant should be exempt from providing relocation assistance if an application for exemption is submitted under section 29.20.850.

(11)

Whether an equivalent number of units available to very low, low and moderate income households, proportional to unit affordability levels at the time of mobile home park closure is proposed to replace mobile home units existing at the time of the closure. Subject to conditions imposed by the Town, the replacement units may be located on-site or off-site or any combination thereof but must be located within the Town of Los Gatos.

(12)

Whether each of the proposed replacement units will include similar amenities (e.g., number of bedrooms and bathrooms) as each of the mobile home units existing at the time of the mobile home park closure.

(Ord. No. 1316, § 4.38.070, 6-7-76; Ord. No. 1758, § IV, 8-1-88; Ord. No. 2055, § III, 1-4-99)

In approving a mobile home park conversion permit, the Town may attach reasonable conditions in order to mitigate the impacts associated with the conversion, closure, or cessation of use, and the applicant shall enter into an agreement with the Town to ensure those conditions are implemented. However, such conditions shall not exceed the reasonable costs of relocation. Such conditions may include, without limitation, the following:

(1)

An effective date of termination of tenancy of not less than six (6) months from the date of the approval of the mobile home park conversion permit (as required by Civil Code section 798.56(f)) (as it may be amended) so as to provide sufficient time for the relocation of the mobile homes to other parks.

(2)

Payment of the amount of relocation assistance to each eligible mobile home owner.

(3)

Time for payment of relocation assistance.

(4)

Full payment to each eligible mobile home owner the reasonable costs of relocation, which could include:

a.

For mobile home owners who are unable to relocate, a determination of a fair value of their mobile homes based on information contained in the conversion impact report and received at the public hearing.

b.

For mobile home owners who relocate within the study area, the actual costs of dismantling, moving, reassembling and rebuilding, as necessary, the mobile home, skirting, tie-downs, and other foundation and stabilizing materials, and all other associated structures and property; packing, moving and unpacking all personal property; and in transit costs for meals, lodging and gas.

c.

For mobile home owners who relocate their mobile home to a mobile home park outside of the study area, or to a location other than a mobile home park, assistance may consist of the estimated cost they would have incurred had they relocated to the closest mobile home park which would accept their mobile home, as determined by the conversion impact report.

(5)

In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, the mobile home owners and applicant(s) may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the mobile home owner is aware of the provisions of this division, shall include a copy of this division as an attachment, shall include a provision in at least ten-point type which clearly informs the mobile home owner that the owner has the right to seek the advice of an attorney of the owner's choice prior to signing the agreement with regard to the owner's rights under such agreement, and shall be drafted in the form and content otherwise required by applicable State law.

(Ord. No. 1316, § 4.38.080, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

The mobile home park conversion permit shall expire one (1) year from the date of its approval unless twenty-five (25) percent or more of the mobile home owners receive relocation assistance in accordance with this division, or the applicant requests an extension setting forth justification for not having proceeded within the one-year period. No more than two (2) such extensions shall be granted by the Planning Commission. An application must be filed with the Planning Department no less than sixty (60) days prior to the expiration of the mobile home park conversion permit or any extension, and the Town Council shall hold a public hearing on the application. Upon completion of the public hearing the Town Council shall approve, approve with conditions, or deny the application. If relocation assistance has not been provided to all eligible mobile home owners in accordance with this division within three (3) years of the original date of approval, a new study shall be done in accordance with this division. Each year on the anniversary date of the approval of the original mobile home park conversion permit, the relocation assistance provided for by the approving body shall be increased by an amount equivalent to the increase in the cost-of-living index for the Oakland/San Francisco area published by the U.S. Department of Labor. The index shall be for the quarterly period closest to the anniversary date of the permit.

(Ord. No. 1316, § 4.38.090, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

No application shall be deemed complete until a conversion impact report has been prepared as required by this section. The conversion impact report shall be prepared in the following manner:

(1)

The Planning Department shall select a consultant to perform a conversion impact report. The applicant shall be notified in writing of the estimated cost of the report and shall deposit that sum with the Planning Department prior to the commencement of any work on the report. The Town will then contract with a consultant for the preparation of the conversion impact report. If at any time during the contract period additional monies are needed to complete the impact report, the applicant will be advised in writing of the amount that is required. Before any additional work is performed on the report, the applicant shall provide the additional sum to the Department. Any excess funds remaining upon completion of the impact report shall be returned to the applicant.

(2)

Each impact report shall be tailored to address the specific problems and needs of each application and mobile home park. However, each report shall contain the following information:

a.

A list of names, addresses and mobile home site identification numbers, length of residency in the mobile home park of all persons owning mobile homes within the mobile home park and the names of all mobile home tenants within a period commencing on the earlier of the following dates:

1.

The date of development application form.

2.

The date of filing of a notice of change of use that the park is undergoing a change of use pursuant to section 29.20.845 if such a notice was filed prior to the application.

b.

For each mobile home within such park: the age of the mobile home (including date of manufacture), mobile home type, width characteristics, size, and the number identifying the mobile home site it occupies.

c.

A description of the mobile home park including amenities, the age of the mobile home park, the number of mobile homes existing in the park, the number of mobile homes approved by the conditional use permit, and a detailed description and plan of the park as to the landscaping and individual site development.

d.

A list of vacant mobile home sites in comparable mobile home parks within a twenty-mile radius of the park that is the subject of the application. This information shall include amenities offered, rent and terms, policies and restrictions on the type of mobile homes and residents accepted, proximity to public transportation, shopping centers and schools and available job market. If the Town determines that the twenty-mile study area does not identify a number of comparable parks with available spaces equal to or greater than the mobile home park identified in the application, the study area shall be expanded until such number of available lots in comparable mobile home parks are identified, but in no case shall the study area extend beyond one hundred (100) miles of the Town.

e.

A list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting mobile home owners in locating replacement housing, rendering financial advice on qualifying for various type of housing, explaining the range of housing alternatives available, gathering and presenting to persons needing housing relocation assistance adequate information as to available housing, and/or being able to transport persons unable to drive to housing alternatives. These lists shall include the names, addresses, telephone numbers, and fee schedules of persons qualified as mobile home movers. The information shall include an explanation of the services which the housing specialists can provide.

f.

A relocation plan, which will include a timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one (1) or more other uses.

g.

The average vacancy rate, mobile home lot lease rates, and tenant rental rates in the affected mobile home park for each of the three (3) years prior to the filing of the application.

h.

The number of evictions and the reason(s) for the evictions, in the affected mobile home park during the three (3) years prior to the filing of the application.

i.

The estimated reasonable cost of relocating the mobile homes of mobile home owners to be displaced to available lots within the impact study area which are as similar as possible to the currently occupied mobile home lots. The cost of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding and unpacking, as necessary, the mobile home, all personal property, skirting, tie-downs and other foundation and stabilizing materials, all other associated structures and property.

j.

A determination of the number of mobile home owners of the affected park who are eligible to relocate their mobile homes to a comparable mobile home park.

k.

Determine a recommended fair value of each mobile home, and all associated fixed property which cannot be relocated to a comparable mobile home park. In determining a recommended fair value, the consultant shall consider the mobile homes in their current location, assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition and competitive base rates. The analysis shall include both the Blue Book Index price and the "in place" value of each mobile home in the park. The consultant shall specify why the mobile home cannot be relocated to a comparable mobile home park and the basis for determining the recommended value of the mobile home.

l.

The availability and cost of alternate housing of comparable size and quality in the Town.

m.

If the proposed change of use is for a residential development, a list of the units, if any, that will be offered to a qualified mobile home owner at below market prices and what the terms of a purchase or lease would include.

n.

Any other information which the Town determines is needed to address the specific issues raised by the application, the impact study and in order to implement this division.

(Ord. No. 1316, § 4.38.030, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

(a)

A copy of the conversion impact report and this division and notice of the dates, times and places of the public hearings on the conversion impact report and the informational meetings required in subsection (b) of this section shall be transmitted by the applicant to each mobile home owner not less than thirty (30) days prior to the scheduled public hearings on the conversion impact report either by certified mail, return receipt requested, or by personal service.

(b)

Not later than fifteen (15) days prior to the scheduled public hearing before the Planning Commission on the conversion impact report, the applicant shall conduct not less than one (1) but not more than three (3) informational meetings for the mobile home owners of the mobile home park regarding the status of the application for closure, conversion or the impending cessation of use, the timing of proposed relocation of eligible mobile home owners, relocation benefits available, and the contents of the conversion impact report. No less than three (3) meetings shall be conducted unless all of the mobile home owners have been able to attend. The meeting(s) shall be conducted on the premises of the mobile home park. A representative of the consulting firm that prepared the conversion impact report shall be present at such meeting or meetings.

(c)

Not less than ten (10) days prior to the date of the public hearing, the applicant shall cause to be filed with the Planning Department the appropriate information to verify that the applicant has complied with the requirements of subsections (a) and (b) of this section. Where such transmittal has been by certified mail, copies of return receipts shall be filed. When such transmittal has been by personal service, the name of each person served and the date of service, the name of the person serving the documents and a written certificate of proof of service shall be filed with the Planning Department. In addition, a statement shall be filed with the Planning Department, indicating the date, time, and place where the informational meeting(s) was or were conducted.

(Ord. No. 1316, § 4.38.050, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

(a)

Whenever twenty-five (25) percent or more of the total number of mobile home sites of a mobile home park are uninhabited for a period of ninety (90) days and such situation was not caused by physical disaster, including, but not limited to, fire, flood, storm, earthquake, landslide, or by any other condition beyond the control of the owner of the mobile home park, the owner of such park shall file with the Community Services Program Manager a notice of change of use (hereinafter "notice") to such effect. The notice shall be submitted within ten (10) days after the ninety-day period has lapsed. For purposes of this division, a mobile home site is "uninhabited" when it is either unoccupied by a mobile home or occupied by a mobile home in which no person resides. The existence of the condition described in this subsection (a) shall be deemed a closure, conversion or cessation of use for purposes of this division.

(b)

Whenever a mobile home owner of a mobile home park has reason to believe that such park is at least twenty-five (25) percent uninhabited and that such situation was not caused by physical disaster, including, but not limited to, fire, flood, storm, earthquake, landslide, or by any other condition beyond the control of the owner of the mobile home park, such mobile home owner may file a written statement to that effect with the Community Services Program Manager. Such statement shall indicate the particular sites that the mobile home owner believes to be uninhabited. Upon receipt of such statement, the Community Services Program Manager shall cause an investigation and inspection to be conducted as to the correctness of such statement. Upon completion of the investigation and inspection, a public hearing before the Town Council shall be conducted as to the correctness of the statement upon not less than thirty (30) days' written notice to the owner of the mobile home park, to the person who filed such statement, and to all mobile home owners of the mobile home park. At the hearing the owners of the mobile home park and any mobile home owners thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the Town Council shall make a determination as to whether the statement is or is not correct.

(c)

Upon the filing of a notice pursuant to subsection (a) of this section, or the making of a determination that the statement is correct or incorrect pursuant to subsection (b) of this section, the Community Services Program Manager shall transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a notice was filed pursuant to subsection (a) of this section, that the mobile home park is determined to be undergoing a closure, conversion or cessation of use, or, if the determination was made pursuant to subsection (b) of this section, that such park is determined to be undergoing or not to be undergoing a closure, conversion or cessation of use, as the case may be. If the determination was made pursuant to subsection (b) of this section, written notice thereof shall be given to the owners of the mobile home park and the mobile home owner who filed the statement. The Community Services Program Manager shall file a copy of such notice. A notice of change of use shall initiate the preparation of a conversion impact report pursuant to section 29.20.835. The Planning Director shall schedule public hearings before the Planning Commission and Town Council regarding the adequacy of the conversion impact report if it is required. Such hearings shall be scheduled so as to allow adequate time for notice and distribution of the report to mobile home owners and the scheduling of informational meetings pursuant to section 29.20.840.

(d)

For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose mobile home park shall have been determined by the Town Council to be undergoing a closure, conversion or cessation of use shall be deemed to be an "applicant" and shall file all required forms and pay all required fees pursuant to section 29.20.810.

(Ord. No. 1316, § 4.38.040, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

An applicant for a mobile home conversion permit may file simultaneously with that application an application for total or partial exemption from the obligation to provide relocation assistance in accordance with this division. The owner of a mobile home park may also file such an application for exemption not later than thirty (30) days from the date of transmittal of the notice of change of use by the Community Services Program Manager pursuant to section 29.20.845(c).

(1)

If such application is filed, notice of such application shall be accomplished pursuant to section 29.20.840(a). Any such application shall state that it is made on either or both of the following bases:

a.

That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property. A statement of facts supporting the applicant's claim shall be submitted at the time the application for exemption is submitted.

b.

That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the affected park as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or part.

(2)

Any such application made pursuant to subsection (1)(a) of this section shall contain, at a minimum, the following information:

a.

Statements of profit and loss from the operations of the mobile home park for the most recent five-year period of the date of the application or request, certified by a certified public accountant.

b.

If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically unfeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State, certifying that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe and sanitary condition; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home sites within the park within the next five (5) years necessary to pay for such repairs or improvements. If the Community Services Program Manager requires an analysis of the information submitted by the general contractor, the Manager may procure the services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be borne by the applicant.

c.

Such other information which the applicant believes to be pertinent or which may be required by the Town.

(3)

Any such application filed pursuant to subsection (1)(b) of this section shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court.

(Ord. No. 1316, § 4.38.100, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

No building permit shall be issued for the development of any real property that has been or is being converted from a mobile home park pursuant to this division unless and until the applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the Community Services Program Manager a verified statement made under penalty of perjury that relocation assistance payments required pursuant to this division have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. No. 1316, § 4.38.110, 6-7-76; Ord. No. 1758, § IV, 8-1-88)

No official or employee of the Town shall issue any permit, or license, nor grant final approval for any use, building, structure or subdivision which would not conform to the provisions of this chapter or any approval granted under the provisions of this chapter. Any permit, license or final approval issued by the Town in conflict with the provisions of this chapter is void.

(Ord. No. 1316, § 5.70.010, 6-7-76)

No building or structure shall be erected, reconstructed, structurally altered, enlarged, moved, or maintained, nor shall any building, structure or land be used or be designed to be used for any use other than is permitted in the zone in which such building, structure or land is located, and then only after applying for and securing all permits and licenses required by all laws and ordinances.

(Ord. No. 1316, § 5.70.020, 6-7-76)

All officers and employees of the Town shall report violations of this chapter to the Planning Director, who shall enforce this chapter.

(Ord. No. 1316, § 5.70.030, 6-7-76)

Pursuant to Penal Code section 836.5, the Town Manager or the Town Manager's designate is hereby vested with the authority to arrest or to issue a citation to any person who violates any of the provisions of this chapter.

(Ord. No. 1316, § 5.70.035, 6-7-76; Ord. No. 1614, 4-2-84)

Any Town official is authorized to make such inspections as may be necessary to enforce this chapter. Whenever a Town official has reasonable cause to believe a violation of any provision of this chapter exists in or on a premises, the official shall ask permission of the occupant of such premises, or the owner or custodian thereof if the premises are unoccupied, to inspect the premises. If permission is denied, the Town official shall secure an inspection warrant. Entry shall not be secured by a grant of authority beyond that otherwise provided by law.

(Ord. No. 1863, § II(5.70.036), 4-19-91)

Any Town official, acting in good faith and without malice in the discharge of their duties shall not be personally liable for any damage resulting from any act or by reason of any act or omission in the discharge of their duties. Any legal action taken against such Town official because of such act or omission performed by them in the enforcement of any provision of this chapter shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.

(Ord. No. 1863, § III(5.70.037), 4-19-91)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter is guilty of a violation of the Town Code. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person and shall be punishable as herein provided. Noncompliance with conditions of a zoning approval is a violation of this chapter.

(Ord. No. 1316, § 5.70.040, 6-7-76; Ord. No. 1566, 2-22-83; Ord. No. 1863, § I, 4-19-91; Ord. No. 2026, § XXII, 2-18-97)

(a)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter; or any use of land, building or premises conducted, operated or maintained contrary to the provisions of this chapter, or contrary to a permit or variance, or the terms and conditions imposed therein, shall be, and the same is hereby declared to be, unlawful, and a public nuisance, and the duly constituted authorities of the Town shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure, or using any property contrary to the provisions of this chapter.

(b)

This chapter may also be enforced by an injunction issued out of the Superior Court upon suit by the Town or the owner or occupant of any real property affected by such violation or prospective violation of this chapter.

(Ord. No. 1316, § 5.70.050, 6-7-76; Ord. No. 1625, 8-6-84)

Notwithstanding section 29.20.950 relating to criminal penalty, any person found to have violated section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in subsections (1) through (3). Any person found to have violated section 29.10.340(a) shall be liable to pay the Town a civil penalty as prescribed in subsection (4):

(1)

Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of size or age of tree, with such number of similar trees as will provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, Forestry and Maintenance Services. Where similar replacement trees will not provide reasonably equivalent aesthetic quality, the Director of Parks, Forestry and Maintenance Services shall calculate the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other Plants by the International Society of Arboriculture and such value will be the civil penalty for violation of section 29.10.0965 in addition to subsection (2). Where replanting cannot be accomplished to the satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the removed tree shall be deposited into the street tree deposit account.

(2)

The cost of enforcing this Chapter, which shall include all costs, staff time, and attorneys' fees.

(3)

All replacement trees planted as required by subsection (1) shall be maintained by the property owner under a two-year written maintenance agreement with the Town.

(4)

A five thousand dollar ($5,000.00) civil penalty shall be imposed against any property owner found in violation of section 29.10.340(a) in addition to any application fees required and the cost of bringing the property into compliance with the California Building Code Standards (CA Code of Regulations, Title 24).

(Ord. No. 1316, § 5.70.055, 6-7-76; Ord. No. 1617, 5-21-84; Ord. No. 1716, 4-20-87; Ord. No. 2351, § IV, 11-21-23)

The remedies provided for this division are cumulative and not exclusive.

(Ord. No. 1316, § 5.70.060, 6-7-76)