Los Gatos City Council
June 20, 2023

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Liquidated damages will be assessed as noted in Section 4 of the Special Provisions for each calendar day any work remains incomplete beyond the time fixed above for completion. 8-1.05 ADJUSTMENT AND PRESERVATION OF UTILITIES
This section is supplemental to the Standard Specifications. In case of conflict, these conditions shall govern insofar as applicable.

It shall be the sole responsibility of the Contractor to pothole and verify the exact locations and depths of all utilities prior to making borings or excavations. Power poles and overhead wires shall be protected. Call Underground Service Alert (USA) at 1-800-227-2600 prior to any digging.

The Contractor shall notify the Engineer of the Contractor's findings in writing where possible conflicts may exist.

The Contractor shall bear full responsibility for all damages and cost of repairs to existing utilities and surface improvements that are to remain or not in direct conflict. If any utilities or improvements, including sprinklers, are damaged during the course of construction, all expenses, or whatever nature, arising from the restoration of improvements to its original conditions shall be borne by the Contractor, and no additional compensation shall be allowed therefor.

Any damaged, broken or cracked utility boxes must be brought to the attention of the Public Works Inspector prior to construction or the Contractor shall assume liability for the damaged boxes.

Unless otherwise indicated on the drawings or specified herein, the Contractor shall maintain in service all water, gas, and sewer lines and any lighting, power, and telephone surface and subsurface structures of any nature that may be affected by the work.

If the Contractor fails to maintain and protect such facilities, the Town of Los Gatos reserves the right, if requested by the owners of the utilities, to permit the Owner to move or maintain the utilities at the Contractor's expense.

Should it become necessary in the performance of the work to disconnect or re-route any underground utility due to a direct conflict with the new work, Contractor shall inform the respective utility company involved.
8-1.06 SUPERVISION
The Contractor shall have a qualified superintendent on the job site at all times when the work is in progress. The Contractor shall submit the superintendent’s name and resume of experience to the Engineer for approval at the pre-construction meeting. 8-1.07 PRE-CONSTRUCTION CONFERENCE
The Contractor shall arrange for a pre-construction conference meeting with the Engineer. This

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meeting shall be held at least one (1) week before the Contractor intends to start construction.

At the pre-construction conference, the Contractor shall provide the Engineer with the name(s) and telephone number(s) of the Contractor’s personnel who can be reached and who can respond during non-working hours in the event of an emergency or other contingency requiring the Contractor’s immediate attention.

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SECTION 9 MEASUREMENT AND PAYMENT
9-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 9, “Payment,” of the Standard Specifications, all of which are applicable to this Contract. 9-1.02 MEASUREMENT AND PAYMENT
A. Payment for Increased or Decreased Quantities. Should there be any variance between the estimated amount of the work to be done and the actual amount of authorized work performed, the provisions of Section 4. “Scope of Work,” which provide for an adjustment of the unit price by reason of overruns or underruns in excess of 25% of the Engineer, shall apply.

It is the Contractor's responsibility to continually analyze and apply the estimated quantities provided in the Contract Documents and to use the knowledge gained from site visits, construction, and professional experience, to update the estimated quantities as the work progresses. If and when the Contractor reaches 90% of the estimated quantities of materials required for any portion of the work as specified in the Plans and Specifications and has any reasonable belief that the Contractor will be required to exceed those estimated quantities by more than 10%, the Contractor shall provide written notice to the Owner of the possibility and the estimated quantities required to complete the work. If the Contractor fails to provide that written notice before delivering materials in excess of the originally estimated quantities, the Contractor shall not be entitled to any additional compensation or payment for the additional work or materials needed for the additional materials above 110%, but nevertheless shall be required to complete the Work.

B. Progress Payments. On or before the 20th day of each month, the Contractor shall prepare and forward to Owner an estimate, in writing, of the total amount of the work completed in place, and the value thereof as of the 15th day of each month.

The Owner shall retain 5% of such estimated value of the work completed in place, unless otherwise approved by the Engineer, and shall pay to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments, and all sums to be kept or retained under the provisions of this Contract. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

Work completed in place, as estimated, shall be an estimate only, and no inaccuracy or error in said estimates shall operate to release the Contractor or any Surety from damages arising from such work or from enforcing each and every provision of this Contract, and the Owner shall have the right subsequently to correct any error made in any estimate for payment. The Contractor shall not be entitled to have any payment estimates processed, or be entitled to have any payment made for work performed, so long as any lawful or proper direction concerning the work or any portion thereof given by Owner or the Engineer are not addressed. In addition to the amount which Owner may retain, as provided herein above, the Owner may withhold a sufficient amount or amounts of any

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payment or payments otherwise due to the Contractor as in its judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished in or about the performance of the work on the project under this Contract;

2. For defective work not remedied;

3. For failure of the Contractor to make proper payments to any of the Contractor's subcontractors;

4. A reasonable doubt that the Contractor will complete the work within the agreed time limits;

5. Costs to the Owner resulting from failure of Contractor to complete the work within the proper time;

6. Damage to other work on property;

7. Potential liquidated damages.

Whenever the Owner shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor shall be given the Contractor, and when the Contractor shall remove the grounds for such withholding, the Owner will promptly pay the Contractor the amount so withheld.

C. Progress Payment Requests. Pursuant to Public Contracts Code §20104.50, the Owner will promptly process all requests for progress payments pursuant to this Contract. As to any undisputed payments that are made more than 30 days after receipt of an undisputed and properly submitted payment request from the Contractor, the Owner will pay interest equivalent to the legal rate set forth in Code of Civil Procedure §685.10. This section shall not apply to progress payments received between July 1 and August 1 which may take up to an additional 6 weeks to process payments.

D. Acceptance of the Work and Final Payment.

1. The final payment for the work done under this Contract shall be made 60 calendar days after acceptance of the work by Owner.

2. Owner shall deduct from the final payment for the work done under this Contract any unpaid fees for business licenses required in conformance with Section 1-1.06 of these Specifications.

3. Upon receipt of written notice from the Contractor that the work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection, and when the Engineer finds the work acceptable under this Contract and this Contract fully performed, the Engineer shall promptly issue a final certificate to Governing Body or Owner, stating that the work provided for in this Contract has been completed and is accepted by Engineer under the terms and conditions thereof.

4. Acceptance of the work will be made by the Governing Body of Owner only upon filing with said Governing Body of a certificate by the Engineer showing the work has been given a final inspection and approval by Engineer and that Contractor has submitted satisfactory evidence to the Engineer that all payrolls, material bills, and other indebtedness connected with said work

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have been paid. The acceptance will be made only by action of the Governing Body of Owner to regular session.

5. If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Engineer so certifies, Owner shall, upon certificate of the Engineer, and without terminating this Contract, make payment of the balance due for that portion of the work completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

6. The acceptance by Contractor of said final payment shall constitute a waiver of all claims against the Owner arising under this Contract.

Submission of Requests for Payment/Invoices. The Contractor shall submit all original requests for payments or invoices directly to the Owner as follows:

Town of Los Gatos Finance Department, Attn: Accounts Payable, Post Office Box 655, Los Gatos, California 95031. A copy of such request or invoices shall also be sent to the Engineer.

Void Contract Provisions. Payment of undisputed contract amounts by the Owner are contingent upon the Contractor furnishing the Owner with a release of all claims against the Owner arising by virtue of the public works contract related to those amounts. Disputed contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.

Damages. Any provision in the Contract which limits the Owner's liability to an extension of time for delay for which the Owner is responsible and which delay is unreasonable under contemplation of the circumstances involved, and not within the parties' control, shall not be construed to preclude the recovery of damages by the Contractor or subcontractor. This section shall not be construed to void any provision in this Contract which requires notice of delays, provides for arbitration or other procedure for settlement, or provides for liquidated damages.

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PART III – TECHNICAL

SPECIFICATIONS OF THE SPECIAL

PROVISIONS

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SECTION 10 TECHNICAL PROVISIONS
SECTION 10-1 GENERAL CONSTRUCTION REQUIREMENTS
Project Plans
The attached plans found in Attachment 1 shall be considered as the Plans.

Mobilization
Mobilization shall not be separately paid for but shall be considered as included in the payments for other items of work. This shall include full compensation for furnishing all labor and materials, including tools, equipment and incidentals, and for performing all of the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of equipment and materials as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer.

Order of Work
Order of Work shall conform to the provisions in Section 5-1.02, “Contract Components,” of the Standard Specifications and these Special Provisions.

At least five (5) working days before any work is started, the Contractor shall furnish to the Engineer a written schedule for the work, listing the dates on which individual areas are to be subject to project related work and the extent of impact caused by the work. Additionally, the Contractor shall submit any request for approval for special traffic consideration including but not limited to lane closures, etc. The Contractor shall thenceforth adhere diligently to said written schedule in the prosecution of the work.

Attention is directed to Section 10-2, “Traffic Control Requirements,” of these Special Provisions.

Cooperation
Attention is directed to Section 5-1.36D, “Non-Highway Facilities,” of the Standard Specifications.

It is the Contractor’s responsibility to work with utility companies to coordinate the removal, relocation, raising to grade, installation of the new facilities, or any other utility work as shown on the plans or indicated in the specifications with the appropriate utility company. The Contractor shall provide advance notification and shall allow sufficient time and work space for the utility company to complete the work necessary.

If in the opinion of the Engineer, the Contractor’s operations are delayed by reason of utility facilities not being removed or relocated, the Contractor will be entitled to an extension of time only. The Contractor shall be entitled to no other compensation for such delay.

Progress Schedule
The Contractor shall submit a project progress schedule for approval by the Engineer within eight (8) days, not including Saturdays, Sundays, and legal holidays from the date of the Notice of the Award of Contract or 3 days before the pre-construction conference, whichever comes first. Failure to submit an acceptable progress schedule shall result in rejection of the

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Contractor’s proposal. The progress schedule shall be in the form specified below unless otherwise specified in the Special Provision or approved by the Engineer. Updated progress schedules shall be provided by the Engineer monthly with the estimates of work required in Section 9-1.16, “Progress Payments,” of the Standard Specifications. No partial payments will be made for any work until an updated schedule has been submitted and approved by the Engineer.

Updated schedules shall incorporate all current schedule information, including actual progress, approved time adjustments, and proposed changes in sequence and logic.

The Contractor must furnish a computerized schedule prepared by the critical path method (CPM) which shows the order in which the Contractor proposes to carry out the work; the sequence and interdependence of construction activities; all salient features of the work (including procurement of materials and equipment); the dates on which the Contractor will start the salient features of the work; and the scheduled dates for completing the said salient features.

The construction schedule shall include:
a. Time for submittals and reviews;
b. Time for fabrication and delivery of manufactured products for the work; and c. The interdependence of procurement and construction activities.

The construction schedule shall:
a. Be a timescaled network diagram referenced to specific calendar dates; b. Include time for the Engineer to review submittals or inspect the work; and c. Identify the activities which constitute the controlling operations or critical path.

The construction schedule shall not contain multiple critical paths.

Scheduling of change order work is the responsibility of the Contractor. The Contractor shall revise the schedule to incorporate all activities involved in completing the change order work, and submit a new schedule to the Engineer for review.

Delays or changes to non-critical activities will not be considered for a contract time extension.

Non-critical activities are those activities which when delayed, do not affect the contract completion time.

The project schedules submitted shall be consistent in all respects with the time and order of work requirements of the contract. The Engineer, at his or her sole discretion, retains the right to reject any and all construction schedules submitted by the Contractor, including when the Engineer determines that the Contractor has too many items on the Critical Path, or the logic of the schedule is in error, or if the Engineer determines salient items of work are missing from the schedule.

Subject to the above provisions, nothing herein shall preclude the Contractor from early completion of the contract.

The Contractor shall submit updated progress schedules to the Engineer as a condition of approval for the monthly progress payments and final acceptance.

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Record Drawings
The Contractor shall keep and maintain on the job site, one record set of drawings. On these, the Contractor shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original contract documents, including buried or concealed construction and utility features which are revealed during the course of construction. Final payment will not be approved until the Contractor prepared record drawings have been delivered to the Engineer.

General Measurement and Payment Requirements
The Contractor shall submit in all field quantities completed to date for payment with each monthly pay estimate. The Contractor shall provide, in writing, who from their team will be responsible for field measuring quantities with the Town’s representative. Upon completion of a contract bid item, the Contractor’s representative shall field measure the final quantities with the Town’s representative. This agreed upon amount will be considered final and no re-measuring of these field quantities will be allowed without the approval of the Engineer. All supporting documentation required for payment of an item, shall be submitted by the Contractor within two pay periods following the work. Documentation submitted more than two pay periods after the work was completed will not be paid and the cost of this work shall be borne by the Contractor.

Truck Routes
Per the Town Ordinance Section 15.30.410, the following streets and highways or portions thereof within the Town limits are designated Truck Routes and are authorized for use by operators of trucks and other vehicles, which exceed a maximum gross weight of ten thousand (10,000) pounds:
• Highway 17
• Highway 85
• Los Gatos-Saratoga Road (Highway 9)
• Los Gatos- Almaden Road
• Los Gatos Boulevard
• Blossom Hill Road
• Winchester Boulevard
• Lark Avenue
Other Town streets are unauthorized for truck routes unless otherwise approved by the Engineer.

Hours of Work
Unless otherwise approved in writing by the Engineer or specified in these Special Provisions, the hours of work for this project are Monday through Friday, 8:00 am to 5:00 pm, unless otherwise approved by the Engineer.

The work hours will be strictly enforced. The Engineer has full authority to implement the working hours and completely shut down the construction operations outside the hours of work specified. Should the provisions of this section not be met, liquidated damages of Five Hundred Dollars ($500.00) for every 60-minute time period (or portion thereof) beyond the hours of work allowable shall be withheld from moneys due to the Contractor.

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24-Hour Contact Number
The Contractor shall assign a project superintendent who has the complete authority to make decisions on behalf of the Contractor. The project superintendent shall be on the job at all times during construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall provide to the Engineer and to the Los Gatos-Monte Sereno Police Department a 24-hour contact number for the project superintendent. This number shall not direct calls to a recorder or other message taking service.

Line and Grade
The Contractor shall layout the project by providing all stakes and marks needed to establish the lines and grades required for completion of the work specified on the Plans and in these Special Provisions to the satisfaction of the Engineer.

Meetings
The Contractor shall also schedule and conduct weekly field meetings at locations to be determined by the Town. The meetings shall be held at the same time and place each week and shall include all subcontractors working on the project and discussions of scheduled work on the project during the week of the meeting. The Contractor shall notify the Engineer of the time, date, and location of these meetings 72 hours in advance of the first meeting. Detailed schedules for the following two weeks shall be submitted to the Engineer at each weekly meeting.

Materials Testing and Inspections
The Contractor shall coordinate with the Town to schedule materials testing and inspections for soil compaction and for other operations as instructed by the Engineer. The Contractor shall notify the Engineer, at minimum 72 hours in advance, of when compaction testing, inspections, and materials sampling need to be occur.

Waste Haulers and Recycling Operations
The Contractor shall not impair or impede waste hauler and recycling operations scheduled to be conducted within the project area. It is the Contractor’s responsibility to determine which waste hauler and recycling operators are scheduled to operate within the project area, and to develop a project schedule that will not impair or impede the waste hauler or recycling operations.

Project Appearance and Street Sweeping
The Contractor shall maintain a clean work site. Debris developed during construction shall be disposed concurrently with its generation. Stockpiling of debris or construction materials shall not be allowed unless otherwise approved by the Engineer.

Project Limit
Refer to Plans in Attachment A for project limit.

Work in Private Property
The Contractor shall secure right-of-entry agreements with each private property owners before any work in private properties. The language for the right-of-entry agreement must be approved by the Town.

Tree Protection
The Contractor shall comply with Town Code, Chapter 29, Division 2, “Tree Protection.”

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Provide protective tree fencing per the Town Code, Sec.29.10.1005, “Protection of Trees During Construction.” The Engineer and the Town Arborist shall be notified of any damages that occur to a protected tree during construction.

Tree Trimming
If existing trees or shrubs, including median island planting, and private trees, encroach into the public right-of-way and threaten to obstruct the Contractor’s operation, the Contractor shall request permission to trim existing trees or shrubs, at least five (5) working days prior to the date of scheduled tree trimming. All tree and shrub trimming must have prior approval of the Engineer and shall be performed by a Contractor possessing a C-27 or a D-49 license. All costs for tree or shrub trimming and proper disposal shall be paid by the Contractor.

A special notice pertaining to the tree trimming shall be delivered to the adjacent home or business at least two working days before the tree is trimmed. The notice shall be reviewed and approved by the Engineer before delivery.

Landscaping Obstruction
In the event that there are landscaping obstructions such as ivy, lawn, juniper branches, grass, or other encroaching vegetation, the Contractor shall trim or prune such obstruction only to the extent necessary to conduct the installation of improvements in the public right-of-way.

Landscaping or other improvements outside the limits of work shall be protected by the Contractor and shall be replaced in kind if the Contractor’s operations damage the existing improvements. If the Contractor fails to comply in providing the necessary replacement as defined, the Engineer may elect to have the Town or contract forces perform all these duties deducting all the expenses incurred from any moneys that are due, or to become due, to the Contractor. By exercising this option, the Contractor is in no way relieved of the responsibilities to perform these duties.

Staging/Disposal Areas
The Contractor shall survey the area for construction staging and shall obtain the approval of the Engineer before staging equipment or storing materials in the public right-of-way or on Town property.

The following requirements shall apply to the contractor’s staging area:
• No stockpiles or staging area will be allowed in the right-of-way unless specifically approved by the Engineer.
• The staging areas will be located on an existing asphalt or concrete surface area. The staging area will be included in the Contractor's SWPPP. • The staging area will not be located in an environmentally or culturally sensitive area and/or impact water resources (rivers, streams, bays, inlets, lakes, drainage sloughs, etc.). • The staging area will not be located in a regulatory floodway or within the base floodplain (100-year).
• The staging area will not affect access to properties or roadways.

All debris shall be hauled off and disposed of the same working day in which the material was generated.

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Personal vehicles of the Contractor’s employees shall not be parked in the neighborhood or on the traveled way.

Dust Control
The following requirements shall be applicable to this contract in lieu of the requirements of Section 14-9.03, “Dust Control,” of the Standard Specifications:

A. The Contractor shall provide an acceptable plan for preventing the generation of dust due to the Contractor’s operations in the construction zones, along the haul routes, or equipment parking areas. This plan may consist of water sprinkling sweepers or an equivalent service. No separate payment will be made for dust control and all costs in connection therewith shall be included in the payment items to which the work is incidental.

B. In the event the control of dust is not satisfactory to the Owner, the Owner shall take such measures as may be necessary to ensure satisfactory dust control and deduct the cost of such measures from any payments due to the Contractor.

Water for Construction
The costs of water as required for the construction and post-construction on this project, including dust control, shall be considered as included in the costs of items bid for applicable item of work and no separate payment will be made therefor. The Contractor shall conform to the requirements of the water company from which water is purchased. In no case shall the Contractor violate the Town’s water conservation ordinance.

Sanitation
The Contractor shall provide for sanitary facilities for the use of the workers on the job. Such facilities shall be placed and maintained by the Contractor so as not to be nuisance to the neighbors, nor offensive to the senses nor the community standards of decency. The Engineer shall be the sole judge of the adequacy of the facility, the placement, and the maintenance thereof. Upon notification by the Engineer of deficiencies in any of these areas, the Contractor shall make immediate corrections. Failure to take corrective action within 24 hours shall give the Engineer due cause to stop the work in the contract and to order the corrective work to be done on the sanitary facility and to charge all costs of such work against the monies due or to become due to the Contractor.

Water Pollution Control
Water pollution control work shall conform to the provisions in Section 13, “Water Pollution Control," of the Standard Specifications and these Special Provisions, with the exception of payment. Payment shall be covered under “Measurement and Payment” under Section 10-1 of these Special Provisions.

The Contractor shall be responsible for ensuring that all work conforms to the “Best Management Practices for the Construction Industry” found in the Storm Water Pollution Prevention Plan (SWPPP), the “Blueprint for a Clean Bay” handout, and the Town Code.

The Contractor shall comply with the requirements of the State Water Resource Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction and Land Disturbance Activities.

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The Contractor shall not violate any discharge prohibition contained in the California Regional Water Quality Control Board San Francisco Bay Basin Water Quality Control Plan (“Basin Plan”).

A storm water information handout, “Blueprint for a Clean Bay,” has been prepared for this contract and is available in Appendix B.

Electric Blowers
The use of gasoline leaf blowers is prohibited. The Contractor shall use electric leaf blowers that shall not exceed 65 decibels in all residential, commercial, and industrial zones or public space, measured 50 feet from the source. The Contractor shall comply with the requirements as set forth in the Town of Los Gatos Ordinance 2231.

Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in compliance with the Plans, Specifications, and Special Provisions of Section 10-1, “General Construction Requirements,” shall be deemed included in the bid price without any additional compensation. The Contractor shall submit a Schedule of Values showing breakdown of work items and costs once a contract has been awarded.

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APPENDIX A
Location of Work

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APPENDIX A

PROJECT LOCATION
The project site is located at 208 E. Main St, Los Gatos, CA 95030.

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APPENDIX B
Blueprint for a Clean Bay

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Blueprint for a Clean Bay
Best Management Practices to Prevent Stormwater
Pollution from Construction-Related Activities
The Bay Area Stormwater Management Agencies Association (BASMAA), a consortium of Bay Area municipalities from Alameda, Contra Costa, Marin, San Mateo, Santa Clara, Solano, and Sonoma Counties, developed this booklet as a resource for all general contractors, home builders, and subcontractors working on construction sites.

1 Introduction...............................................................................................................................

Stormwater Pollution.....................................................................................................

Storm Drain System
Pollution From Construction Sites
Adverse Effects from Stormwater Pollution
Requirements for Dischargers.............................................................................

Municipal Stormwater Program
Projects Equal To Or Greater Than 1 Acre
California State Water Resources Control Board General Permit Notice of Intent (NOI)
Storm Water Pollution Prevention Plan (SWPPP)
Projects Less Than 1 Acre
General Best Management Practices............................................................

Specific Best Management Practices
Erosion Prevention and Sediment Control ..................................................

Prevent erosion
Control sediment
General Site Maintenance.........................................................................................

Prevent spills and leaks
Clean up spills immediately after they happen
Store materials under cover
Cover and maintain dumpsters
Collect and properly dispose of paint removal wastes
Clean up paints, solvents, adhesives, and cleaning
solutions properly
Keep fresh concrete and cement mortars out of gutters,
storm drains, and creeks
Service and maintain portable toilets
Dispose of cleared vegetation properly
Demolition Waste Management..........................................................................

Make sure all demolition waste is properly disposed of
Roadwork and Pavement Construction....................................................

Plan roadwork and pavement construction to avoid stormwater pollution Contaminated Ponded Stormwater, Groundwater,
and Soil Guidance .........................................................................................................

Look for ponded stormwater, groundwater, and/or soil contamination Take appropriate action

CONTENTS
2 2
3 3
4 6
9 9
10

2 S
tormwater pollution is a national environmental
problem. In California, stormwater runoff is a
major source of water pollution. To help combat
the problems of stormwater pollution, federal and state governments have developed a program for monitoring and permitting discharges to municipal storm drain systems, creeks, and water bodies such as San
Francisco Bay.

Municipalities in the Bay Area are required by the
Clean Water Act to develop stormwater management
programs that include requirements for construction
activities. Your construction project will need to
comply with local municipal requirements. If your
construction activity will disturb one acre or more, you must also obtain coverage under the General
Construction Activity Permit (see Requirements for
Dischargers).

Blueprint for a Clean Bay is an introductory guide to
stormwater quality control on construction sites. It
contains several principles and techniques that you
can use to help prevent stormwater pollution. BASMAA
has developed this booklet as a resource for all general contractors, home builders, and subcontractors working on construction sites.

Blueprint for a Clean Bay is not a design manual or a
Stormwater Pollution Prevention Plan (SWPPP) (see
Requirements for Dischargers). For more information
on the General Permit, designing stormwater quality
controls, or producing a Stormwater Pollution
Prevention Plan, please refer to:
❏ the California Stormwater Quality Association
(CASQA) Stormwater Best Management Practice
Handbook for Construction,
❏ the Regional Water Quality Control Board’s
(RWQCB) Guidelines for Construction Projects, or
❏ consult your local program or the State Water
Resources Control Board (SWRCB) (see below).

Please note that this booklet is concerned only with
the management of construction sites and activities
during construction.

Storm Drain System
Stormwater or runoff from sources like sprinklers and
hoses flows over the ground into the storm drain
system. In the San Francisco Bay Area, storm drain
systems consist of gutters, storm drains, underground
pipes, open channels, culverts, and creeks. Storm
drain systems are designed to drain directly to the
Bay, Delta, or Pacific Ocean with no treatment.

Pollution From Construction Sites
Stormwater runoff is part of a natural hydrologic process. However, land development and construction activities can significantly alter natural drainage patterns and pollute stormwater runoff. Runoff picks up pollutants as it flows over the ground or paved areas
and carries these pollutants into the storm drain
system. Common sources of pollutants from construction sites include: sediments from soil erosion; construction materials and waste (e.g., paint, solvents, concrete, drywall); landscaping runoff containing fertilizers and pesticides; and spilled oil, fuel, and other fluids from construction vehicles and heavy equipment.

Adverse Effects from Stormwater
Pollution
Stormwater pollution is a major source of water pollution in California. It can cause declines in fisheries, damage habitats, and limit water recreation activities.

Stormwater pollution poses a serious threat to the
overall health of the ecosystem.

For more information on stormwater requirements, call the State Water Resources Control Board’s Stormwater Information Line at (916) 341-5537 or your local program.

Introduction Stormwater Pollution

3 For more information on the General Permits, call the State Water Resources Control Board’s Stormwater Information Line at (916) 341-5537 or your local program.

Municipal Stormwater Program
Municipalities in the Bay Area are required by federal
regulations to develop programs to control the discharge of pollutants to the storm drain system, including the
discharge of pollutants from construction sites and areas of new development or significant redevelopment. As a
result, your development and construction projects are
subject to new requirements designed to improve
stormwater quality such as, expanded plan check and
review, contract specifications, stormwater treatment
measures, runoff monitoring, and increased site
inspection. For more information on municipal requirements, please contact the municipal representative listed on the back cover of this booklet.

Projects Equal To Or Greater
Than 1 Acre
If your construction activity will disturb one acre or
more, you must obtain coverage under the General
Construc-tion Activity Storm Water Permit (General
Construction Permit) issued by the SWRCB for
stormwater discharges associated with construction
activity. To obtain coverage under the General Permit, a Notice of Intent (NOI) must be filed with the SWRCB.

The General Construction Permit requires you to
prepare and carry out a “Stormwater Pollution
Prevention Plan” or SWPPP. Your SWPPP must identify
appropriate stormwater pollution prevention measures or best management practices (BMPs), like the ones
described in this booklet, to reduce pollutants in
stormwater discharges from the construction site both
during and after construction is complete. A best
management practice or BMP is defined as any program,
technology, process, practice, operating method,
measure, or device that controls, prevents, removes, or reduces pollution. The General Permit also requires
permanent stormwater quality controls (see BASMAA’s
Start at the Source manual and CASQA’s BMP
Handbooks New Development and Redevelopment for
examples). You should keep a copy of your SWPPP
readily available onsite throughout construction.

Projects Less Than 1 Acre
If your project is less than one acre, you may still need to use BMPs to comply with local municipal requirements.

Check with the local stormwater program (listed on back cover), or planning or engineering department for details.

General Practices
The following are some general principles that can
significantly reduce pollution from construction
activity and help make compliance with stormwater
regulations easy:
❏ Identify all storm drains, drainage swales and
creeks located near the construction site and make
sure all subcontractors are aware of their locations
to prevent pollutants from entering them.
❏ Clean up leaks, drips, and other spills immediately
so they do not contact stormwater.
❏ Refuel vehicles and heavy equipment in one
designated location on the site and take care to
clean up spills immediately.
❏ Wash vehicles at an appropriate off-site facility. If equipment must be washed on-site, do not use
soaps, solvents, degreasers, or steam cleaning
equipment, and prevent wash water from entering
the storm drain. If possible, direct wash water to a
low point where it can evaporate and/or infiltrate.
❏ Never wash down pavement or surfaces where
materials have spilled. Use dry cleanup methods
whenever possible.
❏ Avoid contaminating clean runoff from areas
adjacent to your site by using berms and/or
temporary or permanent drainage ditches to divert
water flow around the site. Reduce stormwater
runoff velocities by constructing temporary check
dams and/or berms where appropriate.
❏ Protect all storm drain inlets using filter fabric
cloth or other best management practices to
prevent sediments from entering the storm
drainage system during construction activities.
❏ Keep materials out of the rain — prevent runoff pollution at the source. Schedule clearing or heavy earth moving
activities for periods of dry weather. Cover exposed piles of soil, construction materials and wastes with plastic sheeting or temporary roofs. Before it rains, sweep and remove materials from surfaces that drain to storm
drains, creeks, or channels.

Requirements for Dischargers Best Management Practices

4 ❏ Keep pollutants off exposed surfaces. Place trash
cans around the site to reduce litter. Dispose of
non-hazardous construction wastes in covered
dumpsters or recycling receptacles.
❏ Practice source reduction — reduce waste by ordering only the amount you need to finish the job. ❏ Do not over-apply pesticides or fertilizers and
follow manufacturers instructions for mixing and
applying materials.
❏ Recycle leftover materials whenever possible.

Materials such as concrete, asphalt, scrap metal,
solvents, degreasers, cleared vegetation, paper,
rock, and vehicle maintenance materials such as
used oil, antifreeze, batteries, and tires are
recyclable (check with the local planning or
building department for more information).
❏ Dispose of all wastes properly. Materials that cannot be reused or recycled must be taken to an appropriate
landfill or may require disposal as hazardous waste.

Never throw debris into channels, creeks or into
wetland areas. Never store or leave debris in the
street or near a creek where it may contact runoff.
❏ Illegal dumping is a violation subject to a fine
and/or time in jail. Be sure that trailers carrying
your materials are covered during transit. If not,
the hauler may be cited and fined.
❏ Train your employees and inform subcontractors
about the stormwater requirements and their own
responsibilities.

Specific Practices
Following is a summary of specific best management
practices for erosion and sediment control and
contractor activities. For more information on erosion
and sediment control BMPs and their design, please
refer to the RWQCB Erosion and Sediment Control
Field Manual (August 2002), the CASQA Stormwater
Best Management Practice Handbook for Construction
(January 2003), and the Association of Bay Area
Governments (ABAG) Manual of Standards for Erosion
& Sediment Control Measures (May 1995).

Erosion Prevention and
Sediment Control
Prevent erosion
Soil erosion is the process by which soil particles are removed from the land surface, by wind, water and/or
gravity. Soil particles removed by stormwater runoff
are pollutants that when deposited in local creeks,
lakes, Bay or Delta, can have negative impacts on
aquatic habitat. Exposed soil after clearing, grading, or excavation is easily eroded by wind or water. The
following practices will help prevent erosion from
occurring on the construction site:
❏ Plan the development to fit the topography, soils,
drainage pattern and natural vegetation of the site.
❏ Delineate clearing limits, easements, setbacks,
sensitive or critical areas, trees, drainage courses,
and buffer zones to prevent excessive or
unnecessary disturbances and exposure.
❏ Phase grading operations to reduce disturbed
areas and time of exposure.
❏ Avoid excavation and grading during wet weather.
❏ Limit on-site construction routes and stabilize
construction entrance(s) and exit(s).
❏ Remove existing vegetation only when absolutely
necessary.
❏ Construct diversion dikes and drainage swales to
channel runoff around the site.
❏ Use berms and drainage ditches to divert runoff
around exposed areas. Place diversion ditches
across the top of cut slopes.

Best Management Practices

❏ Plant vegetation on exposed slopes. Where
replanting is not feasible, use erosion control
blankets (e.g., jute or straw matting, glass fiber or
excelsior matting, mulch netting).
❏ Consider slope terracing with cross drains to
increase soil stability.
❏ Cover stockpiled soil and landscaping materials
with secured plastic sheeting and divert runoff
around them.
❏ As a back-up measure, protect drainage courses,
creeks, or catch basins with fiber rolls, silt fences,
sand/gravel bags and/or temporary drainage swales.
❏ Once grading is completed, stabilize the disturbed
areas using permanent vegetation as soon as possible.

Use temporary erosion controls until vegetation is
established.
❏ Conduct routine inspections of erosion control
measures especially before and immediately after
rainstorms, and repair if necessary.

Control sediment
Sedimentation is defined as the process of depositing
sediments carried away by runoff. Sediments
consist of soil particles, clays, sands,
and other minerals. The purpose of
sediment control practices is to remove
sediments from stormwater before they
are transported off-site or reach a
storm drain inlet or nearby creek. The
most effective sediment control
practices reduce runoff velocity and
trap or detain runoff allowing
sediments to settle out.
❏ Use terracing, rip rap, sand/gravel
bags, rocks, fiber rolls, and/or temporary vegetation on slopes to reduce runoff velocity and trap sediments.

Do not use asphalt rubble or other
demolition debris for this purpose.
❏ Use check dams in temporary
drains and swales to reduce runoff
velocity and promote sedimentation.
❏ Protect storm drain inlets from sediment-laden runoff. Storm drain inlet protection devices include
sand/gravel bag barriers, filter
fabric fences, block and gravel filters, catch basin
filter inserts, excavated drop inlet sediment traps, or a combination of these.
❏ Collect and detain sediment-laden runoff in
sediment traps (an excavated or bermed area or
constructed device) to allow sediments to settle out
prior to discharge.
❏ Use sediment controls and filtration to remove
sediments from dewatering discharges.
❏ Prevent construction vehicle tires from tracking
soil onto adjacent streets by constructing a temporary stone pad with a filter fabric underliner near the site exit where dirt and mud can be removed.
❏ When cleaning sediments from streets, driveways
and paved areas on construction sites, use dry
sweeping methods where possible. If water must
be used to flush pavement, collect runoff to settle
out sediments and protect storm drain inlets.

Note: Performance of erosion and sediment controls is dependent on proper installation, routine inspections and maintenance of the controls. Straw bale barriers are an example of a BMP that has not been as effective as expected due to improper use. Most of the BMPs described above are temporary and if left alone can quickly fall into disrepair and/or become ineffective. Routine inspections and maintenance, particularly before and after a storm event, must be part of any erosion and sediment control plan.

Best Management Practices
5 Drainage swales channel runoff around a construction site. Planting temporary vegetation on freshly graded areas, and trenching and staking fiber rolls and/or silt fences downslope are common techniques for preventing erosion and controlling sediment.

The RWQCB’s Field Manual, the CASQA Stormwater Best Management Practice Handbook for Construction, and the ABAG Manual of Standards for Erosion and Sediment Control provide specific details and design criteria for erosion and sediment control plans.

General Site Maintenance
Prevent spills and leaks
Poorly maintained vehicles and heavy equipment
leaking fuel, oil, antifreeze, or other fluids on the construction site are common sources of stormwater pollution and soil contamination. Construction material spills can also cause serious problems. Careful site
planning, preventive maintenance, and good materials
handling practices can eliminate most spills and leaks. ❏ Maintain all vehicles and heavy equipment. Inspect
frequently for and repair leaks.
❏ Designate specific areas of the construction site,
well away from creeks or storm drain inlets, for
vehicle and equipment parking and routine
maintenance.
❏ Perform major maintenance, repair jobs and vehicle and equipment washing off-site when feasible, or in designated and controlled areas on-site.
❏ If you must drain and replace motor oil, radiator
coolant, or other fluids on-site, use drip pans or
drop cloths to catch drips and spills. Collect all
spent fluids, store in labeled separate containers,
and recycle whenever possible. Note that in order
to be recyclable, such liquids must not be mixed
with other fluids. Non-recycled fluids generally
must be disposed of as hazardous wastes.

Clean up spills immediately after they
happen
When vehicle fluids or materials such as paints or
solvents are spilled, cleanup should be immediate,
automatic, and routine.
❏ Sweep up spilled dry materials (e.g., cement,
mortar, or fertilizer) immediately. Never attempt to
“wash them away’’ with water, or bury them. Use
only minimal water for dust control.
❏ Clean up liquid spills on
paved or impermeable
surfaces using “dry’’
cleanup methods (e.g.,
absorbent materials like
cat litter, sand or rags).
❏ Clean up spills on dirt
areas by digging up and
properly disposing of the
contaminated soil.
❏ Report significant spills
to the appropriate spill
response agencies immediately (See reference
list on the back cover of this booklet for more
information).

Note: Used cleanup rags that have absorbed hazardous
materials must either be sent to a certified industrial laundry or dry cleaner, or disposed of through a licensed hazardous waste disposal company.
6 Make sure equipment repair area is bermed or well away from creeks and storm drains.

Clean up spills on dirt areas
by removing contaminated
soil.

Best Management Practices

Store materials under cover
Wet and dry building materials with
the potential to pollute runoff should
be stored under cover and/or
surrounded by berms when rain is
forecast or during wet weather.
❏ Store stockpiled materials and
wastes under a temporary roof or
secured plastic sheeting or tarp.
❏ Berm around storage areas to
prevent contact with runoff.
❏ Plaster or other powders can create
large quantities of suspended solids
in runoff, which may be toxic to
aquatic life and cause serious
environmental harm even if the
materials are inert. Store all such
potentially polluting dry materials
—especially open bags— under a
temporary roof or inside a
building, or cover securely with an impermeable
tarp. By properly storing dry materials, you may
also help protect air quality, as well as water quality. ❏ Store containers of paints, chemicals, solvents, and
other hazardous materials in accordance with
secondary containment regulations and under
cover during rainy periods.

Cover and maintain dumpsters
Open and/or leaking dumpsters can be a source of
stormwater pollution.
❏ Cover open dumpsters with plastic sheeting or a
tarp. Secure the sheeting or tarp around the
outside of the dumpster. If your dumpster has a
cover, close it.
❏ If a dumpster is leaking, contain and collect leaking material. Return the dumpster to the leasing
company for repair/exchange.
❏ Do not clean dumpsters on-site. Return to leasing
company for periodic cleaning, if necessary.

Collect and properly dispose of paint
removal wastes
Paint removal wastes include chemical paint stripping
residues, paint chips and dust, sand blasting material
and wash water. These wastes contain chemicals that
are harmful to the wildlife in our creeks and the water bodies they flow to. Keep all paint wastes away from
the gutter, street, and storm drains.
❏ Non-hazardous paint chips and dust from dry
stripping and sand blasting may be swept up or
collected in plastic drop cloths and disposed of as
trash. Chemical paint stripping residue and chips
and dust from marine paints or paints containing
lead or tributyl tin must be disposed of as a
hazardous waste.
❏ When stripping or cleaning building exteriors with
high-pressure water, cover or berm storm drain
inlets. If possible (and allowed by your local wastewater treatment plant), collect (mop or vacuum) building cleaning water and discharge to the sanitary sewer. Alternatively, discharge non-contaminated wash water onto a dirt area and spade into the soil. Be sure to shovel or sweep up any debris
that remains in the gutter and dispose of as garbage.

Clean up paints, solvents, adhesives, and
cleaning solutions properly
Although many paint materials can and should be recycled, liquid residues from paints, thinners, solvents, glues, and cleaning fluids are hazardous wastes. When
7 Store building materials under cover. Make sure dumpsters are properly covered to keep out rain.

Best Management Practices

they are thoroughly dry, empty paint cans, used brushes, rags, absorbent materials, and drop cloths are no
longer hazardous and may be disposed of as garbage.
❏ Never clean brushes or rinse paint containers into
a street, gutter, storm drain, or creek.
❏ For water-based paints, paint out brushes to the
extent possible and rinse to a drain leading to the
sanitary sewer (i.e., indoor plumbing).
❏ For oil-based paints, paint out brushes to the extent possible, and filter and reuse thinners and solvents.

Dispose of unusable thinners and residue as
hazardous waste.
❏ Recycle, return to supplier or donate unwanted
water-based (latex) paint. You may be able to recycle clean empty dry paint cans as metal (check with the local planning or building department for more
information).
❏ Dried latex paint may be disposed of in the garbage.
❏ Unwanted paint (that is not recycled), thinners, and
sludges must be disposed of as hazardous waste.
❏ More and more paint companies are recycling
excess latex paint (check with the local planning or
building department for more information).

Keep fresh concrete and cement mortars out
of gutters, storm drains, and creeks
Concrete and cement-related mortars that wash into
gutters and storm drains are toxic to fish and the
aquatic environment.
❏ Locate mortar/stucco mixers inside bermed areas
to avoid discharge to street or storm drains.
❏ Avoid mixing excess amounts of fresh concrete or
cement mortar.
❏ Store dry and wet materials under cover, protected
from rainfall and runoff.
❏ Wash out concrete transit mixers only in designated
wash-out areas where the water will flow into
settling ponds or onto dirt or stockpiles of aggregate base or sand. Pump water from settling ponds to the sanitary sewer, where allowed. Whenever
possible, recycle washout by pumping back into
mixers for reuse. Never dispose of washout into the
street, storm drains, drainage ditches, or creeks.
❏ Whenever possible, return contents of mixer barrel
to the yard for recycling. Dispose of small amounts
of excess concrete, grout, and mortar in the trash.

Service and maintain portable toilets
Leaking portable toilets are a potential health and
environmental hazard.
❏ Inspect portable toilets for leaks.
❏ Be sure the leasing company adequately maintains,
promptly repairs, and replaces units as needed.
❏ The leasing company must have a permit to
dispose of waste to the sanitary sewer.
❏ Do not place on or near storm drain inlets.

Dispose of cleared vegetation properly
Cleared vegetation, tree trimmings, and other plant
material can cause environmental damage if it gets
into creeks. Such “organic” material requires large
quantities of oxygen to decompose, which reduces the
oxygen available for fish and other aquatic life.
❏ Do not dispose of plant material in a creek or
drainage facility or leave it in a roadway where it
can clog storm drain inlets.
❏ Avoid disposal of plant material in trash dumpsters
or mixing it with other wastes. Compost plant
material or take it to a landfill or other facility that composts yard waste (check with the local planning
or building department for more information).
8 Best Management Practices
Recycle yard waste and tree prunings at a landfill that chips and composts plant material.

Make sure all demolition waste is properly
disposed of
Demolition debris that is left in the street or pushed
over a bank into a creek bed or drainage facility causes serious problems for flood control, storm drain
maintenance, and the health of our environment.

Different types of materials have different disposal
requirements or recycling options.
❏ Materials that can be recycled from demolition
projects include: metal framing, wood, concrete,
asphalt, and plate glass.
❏ Materials that can be salvaged for reuse from old
structures include: doors, banisters, floorboards,
windows, 2x4s, and other old, dense lumber.
❏ Unusable, unrecycleable debris should be confined
to dumpsters, covered at night and during wet
weather, and taken to a landfill for disposal.
❏ Hazardous debris such as asbestos must be
handled in accordance with specific laws and
regulations and disposed of as a hazardous waste.

For more information of asbestos handling and
disposal regulations, contact the Bay Area Air
Quality Management District.
❏ Arrange for an adequate debris disposal schedule
to ensure that dumpsters do not overflow.
❏ Most local planning or building departments have
lists of recycling and disposal services for
construction and demolition debris.

Plan roadwork and pavement construction
to avoid stormwater pollution
Road paving, surfacing, and asphalt removal happen
right in the street, with numerous opportunities for
stormwater pollution from the asphalt mix, saw-cut
slurry, or excavated material. Properly proportioned
asphalt mix and well-compacted pavement avoid a host
of water pollution problems.
❏ Apply concrete, asphalt, and seal coat during dry
weather to prevent contaminants from contacting
stormwater runoff.
❏ Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc. ❏ Always park paving machines over drip pans or
absorbent materials, since they tend to drip
continuously.
❏ When making saw-cuts in pavement, use as little
water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing sand/gravel bags around the catch basin. After the liquid drains
or evaporates, shovel or vacuum the slurry residue
from the pavement or gutter and remove from site.
❏ Wash down exposed aggregate concrete only when
the wash water can: (1) flow onto a dirt area; (2)
drain onto a bermed surface from which it can be
pumped and disposed of properly; or (3) be vacuumed from a catchment created by blocking a storm drain inlet. If necessary, divert runoff with
temporary berms. Make sure runoff does not reach
gutters or storm drains.
❏ Allow aggregate rinse to settle, and pump the water
to the sanitary sewer if allowed by your local
wastewater authority.
❏ Never wash sweepings from exposed aggregate concrete into a street or storm drain. Collect and return to aggregate base stockpile, or dispose with trash.
❏ Recycle broken concrete and asphalt (check with
the local planning or building department for more
information).

Roadwork and Pavement
Construction
9 Demolition Waste Management

Look for ponded stormwater, groundwater,
and/or soil contamination
Ponded stormwater, groundwater and soil may become
contaminated if exposed to hazardous materials. If any
of the following conditions apply, contaminated ponded
stormwater, groundwater, and/or soil may be present
and pose a potential health and environmental hazard:
❏ The project site is in an area of previous
commercial/industrial activity;
❏ There is a history of illegal dumping on the site or
adjacent properties;
❏ The construction site is subject to a Superfund,
state, or local cleanup order;
❏ Ponded stormwater, groundwater and/or water
generated by dewatering exhibits an oily-sheen
and/or smells of petroleum;
❏ Soil appears discolored, smells of petroleum
and/or exhibits other unusual properties;
❏ Abandoned underground storage tanks, drums,
or other buried debris are encountered during
construction activities; or
❏ Spills have occurred on the site or adjacent
properties involving pesticides and herbicides;
fertilizers; detergents; plaster and other products;
petroleum products such as fuel, oil, and grease;
or other hazardous chemicals such as acids, lime,
glues, paints, solvents, and curing compounds.

Take appropriate action
Ponded stormwater, groundwater, or water generated
by dewatering that is contaminated cannot be discharged to a street, gutter, or storm drain. If contamination is suspected, the water should be contained and held for testing. Call the appropriate local agency
and/or the Regional Water Quality Control Board for
further guidance (See reference list on the back cover
of this booklet for more information).
10 Remember: The property owner and the contractor share ultimate responsibility for the activities that occur on a construction site.

You may be held responsible for any environmental damage caused by your subcontractors or employees.

Contaminated Ponded Stormwater, Groundwater,
and Soil Guidance

Storm water quality
management programs
Alameda Countywide Clean
Water Program
951 Turner Court, Hayward, CA 94545
(510) 670-5543
www.cleanwaterprogram.com
Contra Costa Clean Water Program
255 Glacier Drive, Martinez, CA
94553-4897 (925) 313-2392
(800) NO DUMPING
www.cccleanwater.org
Fairfield-Suisun Urban Runoff
Management Program
1010 Chadbourne Road
Fairfield, CA 94534 (707) 429-8930
Marin County Stormwater Pollution
Prevention Program
3501 Civic Center Drive, Room 304,
San Rafael, CA 94903 (415) 499-6528
www.mcstoppp.org
San Francisco Stormwater
Management Program
3801 3rd Street, Suite 600
San Francisco, CA 94124 (415) 695-7310
http://stormwater.sfwater.org
San Mateo Countywide Stormwater
Pollution Prevention Program
555 County Center, Fifth Floor
Redwood City, CA 94063
(650) 363-4305
www.flowstobay.org
Santa Clara Valley Urban Runoff
Pollution Prevention Program
699 Town & Country Village
Sunnyvale, CA 94086 (800) 794-2482
www.scvurppp.org
Sonoma County Water Agency
2150 West College Avenue
Santa Rosa, CA 95401
(707) 526-5370
www.scwa.org
Vallejo Sanitation and Flood
Control District
450 Ryder Street, Vallejo, CA 94590
(707) 644-8949
www.vsfcd.com
Bay Area Stormwater Management
Agencies Association (BASMAA)
1515 Clay Street, Suite 1400,
Oakland, CA 94612 (510) 622-2326
(888)BayWise www.basmaa.org
Agencies to call
in the event of a spill
You are required by law to report all
significant releases or suspected
significant releases of hazardous
materials, including oil.

To report a spill, call the following
agencies:

1. Dial 911 or your local emergency
response number.

2. Call the Governor’s Office of
Emergency Services Warning Center,
(800) 852-7550 (24 hours).

For spills of “Federal Reportable
Quantities” of oil, chemicals, or other
hazardous materials to land, air, or
water, notify the National Response
Center (800-424-8802). If you are not
sure whether the spill is of a
“reportable quantity,” call the federal
Environmental Protection Agency
(800) 424-9340 for clarification.

For further information, see California
Hazardous Material Spill/ Release
Notification Guidance
(State Office of Emergency Services,
Hazardous Materials Division).

Agencies to call if you find
or suspect contaminated
soil or groundwater
Regional Water Quality
Control Board:

San Francisco Bay Region
(510) 622-2300
Central Valley Region
(916) 255-3000
California Environmental Protection
Agency (Cal EPA), Department of
Toxic Substances Control (DTSC)
(510) 540-3732
Documents and available
resources
From State Water Resources
Control Board (SWRCB)
(916) 341-5537
www.swrcb.ca.gov
General Construction Activity Storm
Water Permit
From Friends of the
San Francisco Estuary
(510) 622-2465
www.abag.ca.gov/bayarea/sfep
Field Manual
Guidelines for Construction Projects
Hold On to Your Dirt – Video
Keep it Clean – Video
From Association of Bay Area
Governments (ABAG)
(510) 464-7900
www.abag.ca.gov
Manual of Standards for Erosion and
Sediment Control Measures
From Cal EPA, DTSC
(916) 322-3670
www.dtsc.ca.gov
Waste Minimization for the Building
Construction Industry - Fact Sheet
From California Stormwater
Quality Association (CASQA)
www.cabmphandooks.com
Stormwater Best Management Practice
Handbook – Construction
THANKS
BASMAA adapted this booklet from
one originally developed and
generously shared by the Santa Clara
Valley Nonpoint Source Pollution
Control Program.

Illustrations by John Finger
Pollution Control Agencies and Sources of Information

CIP No. 821-2601 ARC Restroom project

APPENDIX C
Town of Los Gatos
Storm Water Pollution Control Ordinance

CIP No. 821-2601 ARC Restroom project

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ARTICLE III. - STORM WATER POLLUTION CONTROL
Sec. 22.30.010. - Definitions.

The following words and phrases, when used in this article, shall be as defined herein. Words and phrases used in this article and not otherwise defined shall be as defined in the regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the federal Clean Water Act, or as defined by the State Water Resources Control Board to implement the California Water Code.

Applicable materials means all materials used in industrial or commercial establishments that are stored outdoors, that may be exposed to storm water, and that have the reasonable potential to degrade the quality of runoff from the site. These include, but are not limited to, all materials containing cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, and zinc, which are pollutants that have specifically been identified as known to contribute to impairment of applicable water quality standards.

Deemed complete means that a project applicant has submitted a development application package for discretionary approval that is determined to be a complete and acceptable application by the development review committee. For public projects (funded and owned by the town), projects are deemed complete if funding has been approved by the town council and construction has been scheduled by October 15, 2003.

Discharge means the discharge, addition, placement, deposit, release or dumping of any pollutant or combination of pollutants to surface waters from any point source. This definition includes, but is not limited to, additions of pollutants into waters from: surface runoff and discharges through pipes, sewers, channels, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works.

Grease means, and includes, fats, oils, waxes, or other related constituents. Grease may be of mineral origin, including kerosenes, lubricating oil, and road oil. Grease may also be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, fats in meats, cereals, seeds, nuts, and certain fruits. Grease is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.

Grease generating activity means any commercial or industrial activity that uses or produces grease on an ongoing basis.

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Grease removal device means an interceptor or other mechanical device designed, constructed, and intended to remove, hold, or otherwise prevent the passage of grease to the (sanitary sewer or) municipal storm drain system.

Impervious surface means a constructed or modified surface that does not allow rainfall to percolate through to the subsoil and thus creates storm water runoff. Impervious surface includes, but is not limited to, building rooftops, pavement, sidewalks, patios, driveways or other hardscape where such surfaces are not constructed with pervious materials and/or are not designed so as to have zero (0) storm water discharge.

Interceptor means a receptacle or trap designed and constructed to intercept, separate, and prevent the passage of prohibited substances into the (sanitary sewer or) municipal storm drain system.

Major development or redevelopment project means a project that creates, adds, or replaces one (1) acre (forty-three thousand five hundred sixty (43,560) square feet) or more of impervious surface, for those project applications that are deemed complete on or after October 15, 2003.

For those project applications that are deemed complete on or after April 15, 2005, a major development or redevelopment project means a project that creates, adds, or replaces ten thousand (10,000) square feet or more of impervious surface.

Municipal storm drain system means and includes, but shall not be limited to, those facilities within the municipality by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW).

NPDES permit means a valid National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, in accordance with regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the federal Clean Water Act.

Pollutants mean and include all sewage, sewage sludge, garbage, biological materials, radioactive materials, and chemical, industrial, and agricultural waste discharged into water.

Project with significant pollution potential means any project determined by the town to be likely to have sources of pollutants on-site and/or to contribute pollutants to stormwater after project completion, based on a review of the proposed uses of or activities planned for the site.

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(a)
(b)
(c)
Storm water means all rainfall runoff, surface runoff, and drainage.

Watercourses mean and include all natural waterways and definite channels and depressions in the earth that carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. Watercourses include facilities owned and operated by the Santa Clara Valley Water District. (Ord. No. 1940, § I, 5-3-93; Ord. No. 2125, § I, 1-20-04) Sec. 22.30.015. - Requirements for non-storm water discharges.

Discharge prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials other than storm water. In addition, no person shall discharge or cause to be discharged into the municipal storm drain system or watercourses, any pollutants or waters containing any pollutants that cause or threaten to contribute to a violation of applicable water quality standards. It shall also be unlawful to discharge, or cause to be discharged into any storm drain or natural outlet or channel, any sewage, industrial waste or other polluted waters or materials without a valid NPDES permit or written authority from the U.S. Environmental Protection Agency or its designated enforcement agent.

Exceptions to discharge prohibition. The preceding discharge prohibition shall not apply to any discharge that is specifically authorized by an NPDES permit to flow to a storm drain or natural outlet or channel. In addition, the California Regional Water Quality Control Board, San Francisco Bay Region, has determined that the discharge prohibition shall not apply to the following "permissible" activities: water line flushing, landscape irrigation/lawn watering, uncontaminated foundation drains, uncontaminated non-industrial roof drains, irrigation water, uncontaminated groundwater infiltration, residential car washings, flows from fire fighting, flows from potable water sources, and dechlorinated swimming pool waters.

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system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

Report of accidental discharges. Where an accidental discharge of prohibited materials or other wastes has entered the municipal storm drain system or a watercourse, such incident shall be reported to West Valley Sanitation District as soon as possible, but in no event later than twenty-four (24) hours after such a discharge. An accidental discharge of toxics must be reported immediately to Central Fire District—Phone 911. If the accidental discharge of prohibited materials or other wastes emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.
(Ord. No. 1940, § I, 5-3-93)
Sec. 22.30.020. - Water protection.

Watercourse protection requirements. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

Acts requiring permit. No person shall commit or cause to be committed any of the following acts unless a written permit has first been obtained from the building and engineering services department:

Discharge into or connect any pipe or channel to a watercourse; Los Gatos, CA Code of Ordinances Page 4 of 9
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Modify the natural flow of water in a watercourse;
Carry out development within a setback designed in whole or in part to protect a watercourse;
Deposit in, plant in, or remove any material from, a watercourse, including its banks, except as required for necessary maintenance;
Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or
Place any loose or unconsolidated material along the side of or within a watercourse or so close to a side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm water passing through such watercourse.
(Ord. No. 1940, § I, 5-3-93)
Sec. 22.30.025. - Outdoor storage of materials.

Proper outdoor storage of materials required. All applicable materials stored outdoors at a commercial or industrial establishment shall be managed in a manner that minimizes the discharge of pollutants to storm water and as is required to meet water quality standards. Establishments covered by the general NPDES permit for storm water discharges "associated with industrial activities" that has been promulgated for Santa Clara County by the California Regional Water Quality Control Board, San Francisco Bay Region, shall address this requirement in applicable provisions of their storm water pollution prevention plan.

Protection against accidental discharge. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of applicable materials to the municipal storm drain system or watercourses. Specifically, secondary containment systems or equivalent measures approved by Building and Engineering Services Department shall be provided for all applicable materials that are liquids. All facilities to prevent the accidental discharge of applicable materials to the municipal storm drain system and watercourses shall be provided and maintained at the owner or operator's expense.

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Report of accidental discharge to the storm drain. Where applicable materials have entered the municipal storm drain system or a watercourse due to an accidental discharge at a commercial or industrial establishment, the owner or operator of such establishment shall report such incident to Central Fire Protection District as soon as possible, but in no event later than twenty-four (24) hours after such a discharge. The owner or operator of such establishment shall also retain an on-site written record of all accidental discharges of applicable materials (whether or not such discharge actually entered the municipal storm drain system or a watercourse) and the actions taken to prevent their recurrence. Such records shall be retained for at least five (5) years. A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.
(Ord. No. 1940, § I, 5-3-93)
Sec. 22.30.030. - Grease disposal and control.

Grease disposal prohibited. No person shall dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, (any public or private sanitary sewer), any part of the municipal storm drain system, or any land, street, public way, river, stream, or other watercourse.

Grease removal device required. The owner or operator of every newly constructed, remodeled, or converted commercial or industrial establishment with one (1) or more grease generating activities shall install or cause to be installed for each grease generating activity, a grease removal device (of an approved design) for preventing the passage of grease to the municipal storm drain system and watercourses.

Maintenance of grease removal devices required. The contents of all grease removal devices shall be removed periodically as necessary to prevent a violation of this chapter. At a minimum, the contents shall be removed every ninety (90) days. All grease removal devices shall be kept in good repair, and shall be maintained in continuous operation at the owner or operator's expense. (Ord. No. 1940, § I, 5-3-93)
Sec. 22.30.035. - New development/redevelopment.

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Storm water management required for major projects. Every applicant for a building permit and/or grading permit for a major development or redevelopment project shall identify the potential for storm water to be discharged from the project site following completion of construction activity and shall demonstrate that the plans, drawings, or specifications for such project include the installation of management techniques, practices, and control measures designed to mitigate the potential adverse impacts of storm water that may be discharged from the project site on an ongoing basis, including storm water treatment measures. In addition, applicants for building and/or grading permits for projects with significant pollution potential may be required to demonstrate that sources of pollutants will be controlled onsite with appropriate measures. The storm water management techniques, practices, and control measures ("mitigation measures") shall be selected, designed, and maintained in accordance with the town's current NPDES storm water discharge permit, and the town's policy for storm water management requirements for new development and redevelopment projects.

Issuance of permits. The town shall not issue a building permit or a grading permit for a major development or redevelopment project or a project with significant pollution potential until it has reviewed the mitigation measures proposed by the applicant pursuant to the preceding paragraph and determined that they are sufficient to address the potential adverse impacts of storm water that may be discharged from the project site on an ongoing basis.

Occupancy. The town shall not issue a certificate of occupancy for a major development or redevelopment project or a project with significant pollution potential until it has determined that the mitigation measures identified in the building permit and/or the grading permit issued for such project have been adequately implemented and that appropriate arrangements have been made to ensure that these management techniques, practices, and control measures will be maintained on an ongoing basis, in accordance with the town's current NPDES storm water discharge permit and the town's policy for storm water management requirements for new development and redevelopment project. (Ord. No. 1940, § I, 5-3-93; Ord. No. 2125, § II, 1-20-04) Sec. 22.30.040. - Enforcement.

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Criminal penalties. Any person who knowingly violates any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in the county jail for a term not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000.00) or by both. Each and every violation of this article shall constitute a separate offense. Every day each such violation continues shall be an additional offense.

Civil penalties. Any person who discharges any applicable materials, greases or pollutants into a watercourse or the municipal storm drain system in violations of any provision of this article shall be civilly liable to the Town of Los Gatos in a sum not to exceed two thousand dollars ($2,000.00) per day for each day in which the violation occurs. In determining the amount of such award, the court shall consider proof of such matters as justice may require. Subsequent or repeated violation, which are not committed contemporaneously with the initial violation, shall be treated as separate cause of action and shall be subject to a separate award of damages.

Civil liability. Any person who violates any provision of this article shall be civilly liable to the Town of Los Gatos for all costs, including attorneys fees, associated with the investigation, elimination and remediation of environmental conditions caused by the discharge of pollutants into the municipal storm drain system or a watercourse in violation of this article.

Remedies cumulative. The remedies provided for in this article are cumulative and not exclusive and shall be in addition to any and all other remedies available to the Town of Los Gatos under state and federal law.
(Ord. No. 1940, § I, 5-3-93)
Sec. 22.30.045. - Inspection and right of entry.

Whenever deemed necessary to make an inspection to ensure compliance with the requirements of this article or to enforce any provision of this article, or whenever the Town officer or agent, has reasonable cause to believe that there may be any condition upon any property or in any structure that may violate the requirements of this article, the authorized Town officer or agent may enter such property or structure at all reasonable times to inspect the same or to perform any duty Los Gatos, CA Code of Ordinances Page 8 of 9
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imposed upon the Town officer or agent by this article. Should entry be refused, the officer or agent shall have recourse to every remedy provided by law to gain entry.

When a Town officer or agent has first obtained a property inspection or search warrant or other remedy provided by law to secure entry, no person having charge, care or control of any building or property shall fail or neglect after proper request is made as herein provided, to promptly permit entry by the authorized officer or agents. Violation of this subsection shall be a misdemeanor. (Ord. No. 1990, § II, 10-17-94)
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Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 20
DATE: June 15, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive Report on the Status of the Shower Ministry and Provide Direction on the Placement of a Temporary Restroom and the Proposed Parameters for a Hotel Voucher Program for Los Gatos Unhoused Residents
RECOMMENDATION:

Receive report on the status of the shower ministry and provide direction on the placement of a temporary restroom and the proposed parameters for a hotel voucher program for Los Gatos unhoused residents.

BACKGROUND:

On January 24, 2023, the Town Council reaffirmed its Strategic Priorities and added a new one to support the unhoused residents of Los Gatos.

As the guidelines for the use of American Rescue Plan Act (ARPA) funds evolved, the Town has subsequently used the “simplified” approach by allocating ARPA funding to qualifying expenditures specifically to cover Police staffing costs. This has subsequently freed other General Fund dollars for Council priorities. For auditing and other purposes, staff is tracking these General Fund dollars to ensure that grant recipients provide appropriate documentation for the use of the funds. The unallocated proceeds are in the Council Priorities-Economic Recovery Reserve. On February 21, 2023, the Town Council allocated $25,000 from the unallocated proceeds to support unhoused residents with details to be determined at a later date.

On April 4, 2023, the Town Council listened to public testimony, and discussed the potential use of the funds with members of the Los Gatos faith community who are currently providing support and services to Los Gatos unhoused residents. A majority of the Town Council voted to increase the allocation to a total of $50,000; direct staff to figure out a hotel voucher program and return to Council with the parameters and structure of the program before money is spent;

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SUBJECT: Report on Services for Los Gatos Unhoused Residents DATE: June 15, 2023
BACKGROUND (continued):
move forward with $30,000 for temporary restrooms and shower program; direct staff to continue research on what is working well in other places; and look at how to do better work with potential partners like the County, other West Valley cities, non-profits, and other service providers.

The purpose of this report is to provide a status on support for the shower program and obtain Council direction for the placement of the temporary restrooms and the parameters for a hotel voucher program. Staff continues to work on the other elements of Council’s April motion and will report back on the other items at a future Council meeting.

DISCUSSION:

Shower Ministry
Subsequent to the Council’s action, the Town entered into a First Amendment to the Grant Agreement with Los Gatos United Methodist Church to provide an additional $10,000 for the weekly shower program administered by the Church. These funds extend the service through December 5, 2024.

Placement of Temporary Restrooms
The Town Manager met with members of the Los Gatos faith community to discuss potential locations for temporary restrooms. The group strongly recommended that the Town contract with a vendor for one handicapped accessible portable toilet and handwash station to be located in the Town parking lot on South Santa Cruz Avenue, south of the post office property.

This location would be proximate to the proposed permanent public restroom at Town Plaza Park which is currently a Capital Improvement Project in the design phase. The group recommended that the vendor clean the facility twice a week, expressing strenuously that this needs to be successful not only for unhoused residents but also for downtown businesses, nearby neighborhoods, and visitors.

If this location is accepted by the Town Council, staff would determine the precise placement to ensure adequate lighting, available trash receptacles, and other features. Once determined, staff would get quotes from vendors and enter into an agreement. Staff will also work with the local trash hauler to determine frequency of trash collection. With the effects of inflation, it is not yet determined how many weeks this service could be provided with the allocated $20,000.

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SUBJECT: Report on Services for Los Gatos Unhoused Residents DATE: June 15, 2023
DISCUSSION (continued):

Proposed Parameters for a Hotel Voucher Program
The faith community gave a lot of thought to Council’s interest in a hotel voucher program and reached out to local hotel managers to determine their interest. Three hotels expressed interest, Los Gatos Lodge, Best Western, and Garden Inn. We then met collectively with these hotel managers to discuss potential parameters for the program.

The entire group agreed that the features of the program should include:
 Clear definition of emergency circumstances that would invoke the program.

Emergency circumstances would be defined as extreme heat (over 100 degrees Fahrenheit), extreme cold (below 40 degrees Fahrenheit), poor air quality (above 150 on the Air Quality Index which is unhealthy for the general population), and/or medical needs for a short term stay.
 Screening of Eligible Los Gatos Unhoused Residents. The faith community has deep knowledge of the Los Gatos unhoused population based on the services currently being provided through the food program, shower ministry, laundry ministry, and other services. Through this experience, only ten Los Gatos unhoused residents would qualify for the hotel voucher program due to their behavior, ability to follow rules, and demonstrated respect for others and their property. Screening would be ongoing.  Clear rules that must be followed to be able to stay at any of the three Los Gatos hotels.

If any of them are disobeyed, the individual would no longer be eligible to participate in the voucher program. Rules would include, but not be limited to:
o No smoking in the rooms at any time.
o Following the smoking rules of the hotel (some are entirely non-smoking facilities and others have designated smoking areas).
o No alcohol or drugs.
o No additional guests.
o No pets.
o No rude language or behavior towards staff and other guests. o No loud television or music that could disturb other guests. o No trashing the room or property.
o No accruing of additional costs.
o Store all belongings in the room or designated storage area. No possessions should be on the patio or other outdoor areas. If belongings are wet, they must be placed in large garbage bags provided by the faith community. o Must have identification.

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SUBJECT: Report on Services for Los Gatos Unhoused Residents DATE: June 15, 2023
DISCUSSION (continued):
 Notification to hotels. The hotels requested an email to document when the faith community would be referring a qualified unhoused resident to the hotel.  Mechanism for payments directly to the hotel. The hotels preferred a debit or credit card for the registration of the unhoused guests, similar to all other guests. This would cover the cost of the room and taxes as well as the required security deposit. o Additional work needs to be done for the creation of the debit or credit card account. One option is for the Town to enter into an agreement with St. Vincent de Paul or other organization in the amount of $20,000 to operate the hotel voucher program. The organization could then set up a debit account and a member be present at the time of registration of the unhoused resident to complete the registration with the debit card. Reporting and accountability measures would be included in the agreement.
o Alternatively, the debit card could be a Town account which would incur staff costs for program administration.
o Other options could also be explored based on the Council’s direction.  Communication with the screened unhoused residents. Once the parameters of the program are established, the faith community would convene a meeting with the eligible residents to review the rules, explain parameters of the program, ensure that identification was current, and provide other information.

CONCLUSION:

Council direction is welcome with respect to the temporary restroom facility and the proposed hotel voucher program.

COORDINATION:

The preparation of this report was coordinated with the Town Attorney’s Office, Finance Director, faith community members, and Los Gatos hotel managers as described above.

FISCAL IMPACT:

The Town Council allocated funding for the services described in this report as documented in the Adopted Fiscal Year 2023/24 Budget. No additional funding is requested with this report.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 20

DESK ITEM
DATE: June 20, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive Report on the Status of the Shower Ministry and Provide Direction on the Placement of a Temporary Restroom and the Proposed Parameters for a Hotel Voucher Program for Los Gatos Unhoused Residents
REMARKS:

After the distribution of the staff report, St. Vincent de Paul indicated that the organization “cannot hold/allocate funds on behalf of another business or entity.” This precludes St. Vincent de Paul from being the hotel voucher administrator.

If Council agrees with the direction of the proposed hotel voucher program, the Town would need to determine if it or another organization would be the administrator.

Reviewed by: Town Manager and Chief of Police
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 21
DATE: June 15, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII, “Weapons,” of the Town Code Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places”
RECOMMENDATION:

Introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Chapter 18, Article VII, “Weapons,” of the Town Code Update the Town’s to Update the Concealed Carry Firearm Licensing Ordinance and Provisions and Prohibit Concealed the Carry of Firearms in Sensitive Places.”
BACKGROUND:

State Penal Code Section 26155 authorizes local Chiefs of Police to issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. Existing Town Code Sections 18.70.010 and following implement Penal Code Section 26155. Staff recommends amending Chapter 18 of the Town’s Municipal Code to update the Town’s concealed carry firearms licensing ordinance to conform with recent case law holding that a “good cause” requirement is unconstitutional. Staff also recommends amending Chapter 18 to prohibit the carrying of concealed firearms in “sensitive places” as authorized by recent case law.

On June 23, 2022, the U.S. Supreme Court decided the case of New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 ("Bruen"). In the Bruen decision, the Court held unconstitutional the State of New York's law requiring applicants to show "good cause" to obtain a license to carry a concealed weapon. The Court held that requiring applicants to demonstrate a "special need" for self-protection distinguishable from that of the general community violated the applicants' Second and Fourteenth Amendment rights.

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SUBJECT: Introduce Sensitive Places Ordinance
DATE: June 15, 2023
BACKGROUND (continued):

The Bruen decision also held that certain locations are '"sensitive places' where arms carrying could be prohibited consistent with the Second Amendment." The Supreme Court expressed in District of Columbia v. Heller, and reaffirmed in McDonald v. City of Chicago, that "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings" are "presumptively lawful." In Bruen, the Court named "legislative assemblies, polling places, and courthouses" as examples of "sensitive places" where weapons could be prohibited consistent with the Second Amendment.

In response to the Bruen decision, state legislation was introduced in 2022 that would, among other things, prohibit the known possession of firearms in an expansive list of sensitive locations, even with a valid concealed carry license. The 2022 bill, SB 918, included an urgency clause, which triggered a supermajority requirement. It failed by one vote on the last day of the 2022 legislative session. The bill, renamed SB 2, has been reintroduced for consideration in the 2023 legislative session. Based on the prior vote, staff believes it is likely to be enacted and go into effect on January 1, 2024.

At this time, in the absence of state or local legislation prohibiting firearms in specified sensitive locations, the carrying of firearms with a valid license is lawful in most public and private places in California. Police Chiefs and City Attorneys in Santa Clara County have been collaborating to develop firearms policies in accordance with Supreme Court guidance, and several cities have already enacted “sensitive places” ordinances. Staff recommends that the Town Council amend Chapter 18, Article VII, of the Town Code to prohibit concealed carry firearms in specified “sensitive places,” which are defined as Town property, polling places, schools, public transit, and places of worship. Town property is in turn defined to mean Town government buildings, including but not limited to, the Civic Center Complex, the Police Operations Building, the Parks and Public Works Department offices, and the Library.

DISCUSSION:

The proposed ordinance would update the Town’s ordinance addressing the issuance of concealed carry licenses and prohibit the carrying of firearms in certain "sensitive places" that have been explicitly authorized by the Supreme Court. The proposed ordinance:
 Sets forth the general requirements for obtaining a concealed carry firearms license and references state law and the concealed carry firearms licensing procedures adopted by the Chief of Police (Section 18.70.025)
 Provides definitions for terms used (Section 18.70.005)  With limited exceptions, prohibits concealed carry firearms at “sensitive places” (Section

18.70.040 and 18.70.050)
 With limited exceptions, prohibits the sale of firearms on Town property (Section

18.70.040 and 18.70.060)

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SUBJECT: Introduce Sensitive Places Ordinance
DATE: June 15, 2023
DISCUSSION (continued):
 Moves Sections prohibiting sales, possession, and use by minors and slingshots to the end of the Article.

CONCLUSION:

In response to the U.S. Supreme Court's recent decision in New York State Rifle & Pistol Association v. Bruen, staff recommends that Council adopt an ordinance to update the Town’s concealed carry firearms licensing provisions, ban concealed carry firearms in an initial round of "sensitive places" where the Supreme Court has deemed such bans presumptively lawful, and make other minor changes.

If introduced, the proposed ordinance will return for adoption by the Town Council at its August 1 st meeting and will take effect 30 days from the date of adoption.

COORDINATION:

This report was coordinated by the Town Attorney’s Office, Town Manager’s Office and the Police Department.

FISCAL IMPACT:

The Ordinance will not have a fiscal impact.

ENVIRONMENTAL ASSESSMENT:

Introduction of this Ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not have an impact on the physical environment. (CEQA Guidelines Section 15378.)
Attachments:

1. Redline Proposed Ordinance Showing Changes

2. Proposed Ordinance

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Ordinance June 20, 2023
ATTACHMENT 1

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18, ARTICLE VII, “WEAPONS,” OF THE TOWN CODE TO UPDATE THE TOWN’S CONCEALED CARRY FIREARM LICENSING ORDINANCE AND PROHIBIT THE

CARRY OF FIREARMS IN SENSITIVE PLACES
WHEREAS, the Town of Los Gatos regulates weapons in Chapter 18, Article VII, of the Town Code;
WHEREAS, state Penal Code Section 26155 authorizes Chiefs of Police to issue concealed carry firearm licenses;
WHEREAS, Town Code Section 18.70.025 addresses the issuance of concealed carry firearm licenses;
WHEREAS, the 2022 Supreme Court decision of N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (“Bruen”) held that a “good cause” requirement for a concealed carry firearm license is unconstitutional;
WHEREAS, the Bruen decision also held that municipalities can prohibit the carrying of concealed weapons in “sensitive places;” and
WHEREAS, the Town wishes to update Chapter 18, Article VII, of the Town Code to update its concealed carry firearm license procedures to remove the “good cause” requirement, use the same terminology as the state Penal Code, and add a prohibition on firearms, including concealed carry firearms, in “sensitive places;”
NOW, THEREFORE, BIT IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Legislative Findings:

A. The Town of Los Gatos has a compelling interest in protecting the health and safety of the public and the orderly functioning of government within its bounds.

B. The incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions at the national, state, and local level, as described in a report by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa Clara County” (Aug. 12, 2022), which notes that the age-adjusted firearm death rate in

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Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past decade.

C. According to the Gun Violence Archive (https://www.gunviolencearchive.org), California experienced 369 mass shootings (defined as an incident that kills or injures four or more people) between 2014 and January 2023. In Santa Clara County, mass shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17 wounded); Oct. 5, 2011, at the Lehigh Cement Plant in Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded).

D. Previously, California law required applicants for permits to carry a concealed weapon to demonstrate “good cause” for the issuance of the license. The United States Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, that such “good cause” requirements are unconstitutional under the Second and Fourteenth Amendments. This development in the law will likely result an increase in concealed carry permits issued in California.

E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in certain “sensitive places,” including “schools and government buildings,” and “legislative assemblies, polling places, and courthouses,” may be consistent with the Second Amendment. (N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111; D.C. v.

Heller (2008), 554 U.S. 570.)
F. Through this Ordinance, the City Council desires to prohibit the carry of firearms in sensitive places, including by those who are licensed to carry a concealed weapon, consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v. Bruen.

SECTION II. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.005, “Definitions,” to read as follows with underlining (underlining) indicating new text:

Sec. 18.70.005. Definitions.

For the purpose of this Chapter, the following words and phrases have the meaning ascribed to them, unless otherwise noted:
“Ammunition” means any ammunition as defined in California Penal Code Section 16150, or any successor legislation.
“Concealed firearm” has the meaning set forth in Section 25400 of the California Penal Code or any successor legislation.
“Firearm”:
(a) Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a weapon, from which is expelled though a barrel a projectile by the force of an explosion of other form of combustion.
(b) Includes:

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Ordinance Council Meeting Date

1. A firearm, as defined in California Penal Code section 16520 or any successor legislation.

2. A BB device, as defined in California Penal Code section 16250 or any successor legislation.

3. An imitation firearm, as defined in California Penal Code section16700(a) or any successor legislation.
“Licensee” means a person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 26150, 26155, or 26170 of the California Penal Code.
“Sale” or “Sell”:
(a) Means any transaction, with or without the exchange of consideration, which:

1. Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or

2. Gives, loans, leases, or delivers a firearm, or ammunition, or both. (b) Includes the act of placing a order for any of the aforementioned transfers. "School” means “school zone” as defined in Penal Code Section 626.9 as well as institutions that provide preschool, post-secondary, technical, or trade or vocational education, and includes all athletic facilities, offices, cafeterias and eating establishments, health care facilities, research facilities, parking lots, and shared rooms and common areas of dormitories thereof. “School” does not include a private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption. “Sensitive Place” means any of the following places:
(a) Town Property;
(b) Any polling place where voting is occurring;
(c) Any School;
(d) A bus, train, paratransit, or other form of transportation paid for in whole or in part with public funds where the public agency that operates the transit system has duly authorized the Town to enforce this prohibition; and
(e) A church, synagogue, mosque or other place of worship, including in any parking area immediately adjacent threats. Unless the operation of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indication that license holders are permitted to carry firearms on the property. “Town Property” means Town government buildings, including but not limited to, the Civic Center Complex, the Police Operations Building, the Parks and Public Works Department offices, and the Town Library.
“Unloaded”:
(a) Means:

1. No ammunition is in the firearm’s chamber or cylinder; and

2. No ammunition, clip, tube, speed loader, or magazine that is compatible with the firearm and that contains ammunition is on the person who is carrying the firearm.

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(b) Does not include a muzzle-loading firearm that is capped or primed and has powder charge and ball, shot, or projectile in the barrel or cylinder.

SECTION III. Section 18.70.025, “Permit to carry, shoot and discharge” of Article VII, “Weapons,” of Chapter 18, of the Town Code is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

Sec. 18.70.025. Permit to carry, shoot and discharge License to carry pistol, revolver, or other firearm capable of being concealed upon the person.
(a) The Chief of Police may issue a written permit to carry, shoot and discharge a weapon within the Town upon proof that the applicant for such permit is a person of good moral character and that good cause exists for the issuance of such permit as provided in this section. In accordance with Penal Code Section 26155 and the concealed carry firearm license procedures implemented by the Chief of Police, a person may apply for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. (b) The Chief of Police may issue a concealed carry firearm license to that person upon proof of all of the following:
(b)

1. The applicant is of good moral character.

2. The applicant is a resident of the Town of Los Gatos.

3. The applicant has completed a course of training as described in Penal Code Section 26165.

4. The application complies with state law, the Town Code, and the Town’s concealed carry firearm license procedure adopted by the Chief of Police. For the purposes of this section, “weapon” is defined as any shotgun, rifle, pistol or air rifle. (b)(c) Application for such permit shall be in writing upon forms furnished by the Town, signed by the applicant and filed in the office of the Chief of Police, which application shall state the name, occupation, residence and business address of the applicant; birth date, height, weight, color of eyes and hair; and the reason for desiring such permit. No permit shall issue to any minor unless a parent or guardian of such minor also signs the application therefor License applications shall be submitted electronically using the Town’s on-line form concealed carry license application portal.
(c)(d) The Chief of Police or designee shall review the completed application and corresponding documents to determine whether it satisfies the requirements set forth in state law, the Town Code, and the Town’s concealed carry firearm license procedure.

Any such permit issued shall set forth the foregoing data and shall in addition contain a description of the weapon subject to such permit, giving the name of the manufacturer,

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the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event be more than twelve (12) months from the date issued. (d)(e) Any such license issued shall contain a description of the firearm subject to such license, giving the name of the manufacturer, the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event be more exceed then two years from the date issued of issuance. Before issuing any such permit, the Chief of Police shall examine the applicant; shall determine whether or not the applicant is of suitable age and discretion and has had sufficient training in the care and use of the weapon; and that in the opinion of the Chief of Police the applicant can handle, shoot and discharge the weapon in a manner not to endanger the applicant or any person or property.
(e)(f) In accordance with Penal Code Section 26200, the license may contain restrictions limiting the use of the concealed carry firearm. The permit, if issued, may contain restrictions limiting the use of such weapon to certain hours of the day and to particular areas or locations within the Town. The permit may limit the use of the weapon to approved shooting ranges, when in the opinion of the Chief of Police the shooting range is safe and the shooting or discharging of the weapon will not disturb the peace and quiet of the neighborhood.
(f)(g) If the Chief of Police issues a permit license to the applicant, a duplicate original copy thereof shall be filed and remain in the office of the Chief of Police. (g)(h) The Chief of Police may in the Chief of Police's discretion refuse to issue any such permit deny any application that does not comply with state law, Town Code, or the Town’s concealed carry firearm license procedure or revoke any license if the license holder does not comply with state or local law, the Town’s concealed carry firearm license procedure, or a license condition. permit previously issued In such, in which event, the Chief of Police shall notify such applicant or permittee of the decision in person or by mail at the address shown on the application on file in the office of the Chief of Police. Notice shall be deemed to have been given on the day the notice is mailed or personal notice given. (i) Any applicant or permittee or parent or guardian of any minor applicant or minor permittee aggrieved by any such decision of the Chief of Police may file an original and four (4) copies of the written notice of appeal from such decision with the Town Clerk in the office of the Town Clerk within ten (10) days from the date of such decision. The notice of appeal shall contain the name and mailing address of the appellant and shall contain a statement of facts upon which the appellant contends the Chief of Police abused the Chief's discretion. The Town Clerk shall place the matter of the appeal on the agenda for the next regular meeting of the Town Council and shall cause endorsed filed copies of the notice of appeal to be delivered to the appellant, the Chief of Police, Town Manager and Town Attorney. The Town Council shall at its next meeting set a time and place for hearing such appeal and cause notice thereof to be given to the appellant, Chief of Police, Town Manager and Town Attorney. Upon hearing the appeal, the Town Council shall consider the record and such additional evidence as may be offered and may affirm, modify or reverse the action taken by the Chief of Police. In the event no notice of appeal is filed in

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the office of the Town Clerk within ten (10) days after receiving actual or mailed notice of the decision of the Chief of Police, the decision of the Chief of Police shall be final and conclusive.

Cross reference(s)—Licenses and miscellaneous business regulations, Ch. 14.

SECTION IV. Section 18.70.030, “Sale to, possession, use by minors,” of Article VII, “Weapons,” of Chapter 18, of the Town Code is amended as follows with strikeouts (strikeouts) indicating deleted text:

Sec. 18.70.030. Sale to, possession, use by minors.

No person shall sell to any minor in the Town under the age of sixteen (16) years, and no person shall sell or give to any minor in the Town under the age of eighteen (18) years, without written consent of the minor's parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B gun, or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. The provisions of this section shall not apply to the possession of such firearms or other instruments by such minors in carrying or transporting such firearms or other such instrument, unloaded or broken down into, through or out of the Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions authorized to give military instruction, while such firearms or other instrument are being used as a part of such instruction, nor to the possession of unloaded firearms, air rifles or other such instruments by any such minor as an employee of a merchant, when such possession is in the usual course of the minor's employment. The provisions of this section shall not apply to cap pistols, dart guns or other similar toys.

SECTION V. Section 18.70.035, “Sling shots; possession prohibited,” of Article VII, “Weapons,” of Chapter 18, of the Town Code is amended as follows with strikeouts (strikeouts) indicating deleted text:

Sec. 18.70.035. Sling shots; possession prohibited.

No person shall make use of or wear or carry or have in possession any sling shot, rubber sling or other instrument or contrivance by means of which shots or other missiles of any kind or description are or made to be hurled or projected.
(Code 1968, § 17-35)
SECTION VI. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.040, “Prohibited acts – Ban on possession and sale of firearms,” to read as follows with underlining (underlining) indicating new text:

Sec. 18.70.040. Prohibited acts – Ban on possession and sale of firearms.

No person shall, including those persons holding a concealed carry weapons license:
(a) Bring onto or possess at a sensitive place:

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1. A firearm, loaded or unloaded.

2. Ammunition for a firearm.
(b) Sell on Town property:

1. A firearm, loaded or unloaded.

2. Ammunition for a firearm.

SECTION VII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section section 18.70.050, “Exceptions – Ban on possession,” to read as follows with underlining (underlining) indicating new text:

Sec. 18.70.050. Exceptions – Ban on possession.

Section 18.70.040 does not apply to the following:
(a) A federal, state, or local law enforcement officer when such person is authorized to carry a concealed firearm or a loaded firearm under state law or under 18 U.S.C. Section 926B or 926C or any successor legislation;
(b) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded firearm under State law;
(c) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or security guard, when such persons are authorized by applicable state or federal law to carry a firearm and when such persons are engaged in the exercise of their official duties;
(d) An active member of the military forces of the State or of the United States when engaged in the performance of lawful duties and orders;
(e) Any person bringing an unloaded firearm onto Town property in order to exchange or transfer or relinquish it to the Police Department, in compliance with any Police Department operated or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms;.
(f) A person delivering unloaded firearms as authorized by state or federal law, to or from law enforcement;
(g) A person lawfully possessing an unloaded firearm in the locked trunk or inside a locked container in a motor vehicle;
(h) A person who is lawfully at and using a firearms target range in accordance with its rules and applicable law.
(i) A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded firearm and when engaged in exercise of official duties on city properties.
(j) An officer authorized to transport prisoners under applicable California or federal law. (k) An authorized participant in a motion picture, television, film or video production, or musical theatrical production when the participant lawfully uses an unloaded firearm as a part of that production.

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(l) A hunter with a valid hunting license when going to or returning from a legal hunting expedition; provided, however, that when transiting through any area where firearms are prohibited; any firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation;
(m) A licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation.

SECTION VIII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.060, “Exceptions – Ban on sale,” to read as follows with underlining (underlining) indicating new text:

Sec. 18.70.060. Exceptions – Ban on sale.

Section 18.70.040 does not apply to the purchase of sale of a firearm, or ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local government entity.

SECTION IX. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.070, “Sale to, possession, use by minors,” to read as follows with underlining (underlining) indicating new text:

Sec. 18.70.070. Sale to, possession, use by minors.

No person shall sell to any minor in the Town under the age of sixteen (16) years, and no person shall sell or give to any minor in the Town under the age of eighteen (18) years, without written consent of the minor's parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B gun, or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. The provisions of this section shall not apply to the possession of such firearms or other instruments by such minors in carrying or transporting such firearms or other such instrument, unloaded or broken down into, through or out of the Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions authorized to give military instruction, while such firearms or other instrument are being used as a part of such instruction, nor to the possession of unloaded firearms, air rifles or other such instruments by any such minor as an employee of a merchant, when such possession is in the usual course of the minor's employment. The provisions of this section shall not apply to cap pistols, dart guns or other similar toys.

SECTION X. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.035, “Sling shots; possession prohibited,” to read as follows with underlining (underlining) indicating new text:

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Sec. 18.70.080. Sling shots; possession prohibited.

No person shall make use of or wear or carry or have in possession any sling shot, rubber sling or other instrument or contrivance by means of which shots or other missiles of any kind or description are or made to be hurled or projected.

SECTION XI. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION XII. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION XIII. Publication.

The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION XIV. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the _________,2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2023. This ordinance takes effect 30 days after it is adopted.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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ATTACHMENT 2

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18, ARTICLE VII, “WEAPONS,” OF THE TOWN CODE TO UPDATE THE TOWN’S CONCEALED CARRY FIREARM LICENSING ORDINANCE AND PROHIBIT THE

CARRY OF FIREARMS IN SENSITIVE PLACES
WHEREAS, the Town of Los Gatos regulates weapons in Chapter 18, Article VII, of the Town Code;
WHEREAS, state Penal Code Section 26155 authorizes Chiefs of Police to issue concealed carry firearm licenses;
WHEREAS, Town Code Section 18.70.025 addresses the issuance of concealed carry firearm licenses;
WHEREAS, the 2022 Supreme Court decision of N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (“Bruen”) held that a “good cause” requirement for a concealed carry firearm license is unconstitutional;
WHEREAS, the Bruen decision also held that municipalities can prohibit the carrying of concealed weapons in “sensitive places;” and
WHEREAS, the Town wishes to update Chapter 18, Article VII, of the Town Code to update its concealed carry firearm license procedures to remove the “good cause” requirement, use the same terminology as the state Penal Code, and add a prohibition on firearms, including concealed carry firearms, in “sensitive places;”
NOW, THEREFORE, BIT IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Legislative Findings:

A. The Town of Los Gatos has a compelling interest in protecting the health and safety of the public and the orderly functioning of government within its bounds.

B. The incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions at the national, state, and local level, as described in a report by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa Clara County” (Aug. 12, 2022), which notes that the age-adjusted firearm death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past

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ATTACHMENT 2
decade.

C. According to the Gun Violence Archive (https://www.gunviolencearchive.org), California experienced 369 mass shootings (defined as an incident that kills or injures four or more people) between 2014 and January 2023. In Santa Clara County, mass shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17 wounded); Oct. 5, 2011, at the Lehigh Cement Plant in Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded).

D. Previously, California law required applicants for permits to carry a concealed weapon to demonstrate “good cause” for the issuance of the license. The United States Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, that such “good cause” requirements are unconstitutional under the Second and Fourteenth Amendments. This development in the law will likely result an increase in concealed carry permits issued in California.

E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in certain “sensitive places,” including “schools and government buildings,” and “legislative assemblies, polling places, and courthouses,” may be consistent with the Second Amendment. (N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111; D.C. v.

Heller (2008), 554 U.S. 570.)
F. Through this Ordinance, the City Council desires to prohibit the carry of firearms in sensitive places, including by those who are licensed to carry a concealed weapon, consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v. Bruen.

SECTION II. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.005, “Definitions,” to read as follows:

Sec. 18.70.005. Definitions.

For the purpose of this Chapter, the following words and phrases have the meaning ascribed to them, unless otherwise noted:
“Ammunition” means any ammunition as defined in California Penal Code Section 16150, or any successor legislation.
“Concealed firearm” has the meaning set forth in Section 25400 of the California Penal Code or any successor legislation.
“Firearm”:
(a) Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a weapon, from which is expelled though a barrel a projectile by the force of an explosion of other form of combustion.
(b) Includes:

1. A firearm, as defined in California Penal Code section 16520 or any successor legislation.

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2. A BB device, as defined in California Penal Code section 16250 or any successor legislation.

3. An imitation firearm, as defined in California Penal Code section16700(a) or any successor legislation.
“Licensee” means a person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 26150, 26155, or 26170 of the California Penal Code.
“Sale” or “Sell”:
(a) Means any transaction, with or without the exchange of consideration, which:

1. Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or

2. Gives, loans, leases, or delivers a firearm, or ammunition, or both. (b) Includes the act of placing a order for any of the aforementioned transfers. "School” means “school zone” as defined in Penal Code Section 626.9 as well as institutions that provide preschool, post-secondary, technical, or trade or vocational education, and includes all athletic facilities, offices, cafeterias and eating establishments, health care facilities, research facilities, parking lots, and shared rooms and common areas of dormitories thereof. “School” does not include a private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption. “Sensitive Place” means any of the following places:
(a) Town Property;
(b) Any polling place where voting is occurring;
(c) Any School;
(d) A bus, train, paratransit, or other form of transportation paid for in whole or in part with public funds where the public agency that operates the transit system has duly authorized the Town to enforce this prohibition; and
(e) A church, synagogue, mosque or other place of worship, including in any parking area immediately adjacent threats. Unless the operation of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indication that license holders are permitted to carry firearms on the property. “Town Property” means Town government buildings, including but not limited to, the Civic Center Complex, the Police Operations Building, the Parks and Public Works Department offices, and the Town Library.
“Unloaded”:
(a) Means:

1. No ammunition is in the firearm’s chamber or cylinder; and

2. No ammunition, clip, tube, speed loader, or magazine that is compatible with the firearm and that contains ammunition is on the person who is carrying the firearm.

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(b) Does not include a muzzle-loading firearm that is capped or primed and has powder charge and ball, shot, or projectile in the barrel or cylinder.

SECTION III. Section 18.70.025, “Permit to carry, shoot and discharge” of Article VII, “Weapons,” of Chapter 18, of the Town Code is amended to read as follows:

Sec. 18.70.025. License to carry pistol, revolver, or other firearm capable of being concealed upon the person.
(a) In accordance with Penal Code Section 26155 and the concealed carry firearm license procedures implemented by the Chief of Police, a person may apply for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. (b) The Chief of Police may issue a concealed carry firearm license to that person upon proof of all of the following:

1. The applicant is of good moral character.

2. The applicant is a resident of the Town of Los Gatos.

3. The applicant has completed a course of training as described in Penal Code Section 26165.

4. The application complies with state law, the Town Code, and the Town’s concealed carry firearm license procedure adopted by the Chief of Police. (c) License applications shall be submitted electronically using the Town’s on-line concealed carry license application portal.
(d) The Chief of Police or designee shall review the completed application and corresponding documents to determine whether it satisfies the requirements set forth in state law, the Town Code, and the Town’s concealed carry firearm license procedure. (e) Any such license issued shall contain a description of the firearm subject to such license, giving the name of the manufacturer, the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event exceed two years from the date of issuance.
(f) In accordance with Penal Code Section 26200, the license may contain restrictions limiting the use of the concealed carry firearm.
(g) If the Chief of Police issues a license to the applicant, a duplicate original copy thereof shall be filed and remain in the office of the Chief of Police. (h) The Chief of Police may deny any application that does not comply with state law, Town Code, or the Town’s concealed carry firearm license procedure or revoke any license if the license holder does not comply with state or local law, the Town’s concealed carry firearm license procedure, or a license condition. In such event, the Chief of Police shall notify such applicant or permittee of the decision in person or by mail at the address shown on the

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application on file in the office of the Chief of Police. Notice shall be deemed to have been given on the day the notice is mailed or personal notice given.

Cross reference(s)—Licenses and miscellaneous business regulations, Ch. 14.

SECTION IV. Section 18.70.030, “Sale to, possession, use by minors,” of Article VII, “Weapons,” of Chapter 18, of the Town Code is removed.

SECTION V. Section 18.70.035, “Sling shots; possession prohibited,” of Article VII, “Weapons,” of Chapter 18, of the Town Code is removed.

SECTION VI. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.040, “Prohibited acts – Ban on possession and sale of firearms,” to read as follows:

Sec. 18.70.040. Prohibited acts – Ban on possession and sale of firearms.

No person shall, including those persons holding a concealed carry weapons license:
(a) Bring onto or possess at a sensitive place:

1. A firearm, loaded or unloaded.

2. Ammunition for a firearm.
(b) Sell on Town property:

1. A firearm, loaded or unloaded.

2. Ammunition for a firearm.

SECTION VII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section section 18.70.050, “Exceptions – Ban on possession,” to read as follows:

Sec. 18.70.050. Exceptions – Ban on possession.

Section 18.70.040 does not apply to the following:
(a) A federal, state, or local law enforcement officer when such person is authorized to carry a concealed firearm or a loaded firearm under state law or under 18 U.S.C. Section 926B or 926C or any successor legislation;
(b) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded firearm under State law;
(c) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or security guard, when such persons are authorized by applicable state

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or federal law to carry a firearm and when such persons are engaged in the exercise of their official duties;
(d) An active member of the military forces of the State or of the United States when engaged in the performance of lawful duties and orders;
(e) Any person bringing an unloaded firearm onto Town property in order to exchange or transfer or relinquish it to the Police Department, in compliance with any Police Department operated or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms;.
(f) A person delivering unloaded firearms as authorized by state or federal law, to or from law enforcement;
(g) A person lawfully possessing an unloaded firearm in the locked trunk or inside a locked container in a motor vehicle;
(h) A person who is lawfully at and using a firearms target range in accordance with its rules and applicable law.
(i) A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded firearm and when engaged in exercise of official duties on city properties.
(j) An officer authorized to transport prisoners under applicable California or federal law. (k) An authorized participant in a motion picture, television, film or video production, or musical theatrical production when the participant lawfully uses an unloaded firearm as a part of that production.
(l) A hunter with a valid hunting license when going to or returning from a legal hunting expedition; provided, however, that when transiting through any area where firearms are prohibited; any firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation;
(m)A licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation.

SECTION VIII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.060, “Exceptions – Ban on sale,” to read as follows:

Sec. 18.70.060. Exceptions – Ban on sale.

Section 18.70.040 does not apply to the purchase of sale of a firearm, or ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local government entity.

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SECTION IX. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.070, “Sale to, possession, use by minors,” to read as follows:

Sec. 18.70.070. Sale to, possession, use by minors.

No person shall sell to any minor in the Town under the age of sixteen (16) years, and no person shall sell or give to any minor in the Town under the age of eighteen (18) years, without written consent of the minor's parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B gun, or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. The provisions of this section shall not apply to the possession of such firearms or other instruments by such minors in carrying or transporting such firearms or other such instrument, unloaded or broken down into, through or out of the Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions authorized to give military instruction, while such firearms or other instrument are being used as a part of such instruction, nor to the possession of unloaded firearms, air rifles or other such instruments by any such minor as an employee of a merchant, when such possession is in the usual course of the minor's employment. The provisions of this section shall not apply to cap pistols, dart guns or other similar toys.

SECTION X. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.035, “Sling shots; possession prohibited,” to read as follows:

Sec. 18.70.080. Sling shots; possession prohibited.

No person shall make use of or wear or carry or have in possession any sling shot, rubber sling or other instrument or contrivance by means of which shots or other missiles of any kind or description are or made to be hurled or projected.

SECTION XI. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

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Ordinance Council Meeting Date
SECTION XII. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION XIII. Publication.

The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION XIV. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the _________,2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2023. This ordinance takes effect 30 days after it is adopted.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

Reviewed by: Town Manager and Chief of Police
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 21

DESK ITEM
DATE: June 20, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII, “Weapons,” of the Town Code Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places”
REMARKS:

Attachment 3 contains public comment received between 11:01 a.m., Friday, June 16 , 2023, and 11:00 a.m., Tuesday, June 20, 2023.

Attachments previously received with the Staff Report:

1. Redline Proposed Ordinance Showing Changes

2. Proposed Ordinance
Attachments with this Desk Item:

3. Public Comment received between 11:01 a.m., Friday, June 16 , 2023, and 11:00 a.m., Tuesday, June 20, 2023.

PREPARED BY: Wendy Wood, Town Clerk

From:

To: Clerk
Cc: Jennifer Lambert
Subject: Public Comment, Agenda Item #21 for 6/20/23
Date: Monday, June 19, 2023 5:13:11 PM
[EXTERNAL SENDER]
Hello,
My name is Jennifer Lambert and I’ve lived in Los Gatos and Monte Sereno for the last 23 years. I’m writing in complete support of the proposed ordinance restricting concealed carry of firearms in sensitive places.

I’m grateful the Los Gatos Town Council is taking action for gun safety, and I’m actually surprised a law isn’t in place already.

This ordinance is important to me because we should be able to feel safe in all places but especially in places where children often visit. I think it’s important that we treat guns as dangerous weapons that shouldn’t be allowed in public places for the safety of all people.

Thank you,
Jennifer

From: christine sterpetti
To: Clerk
Subject: Public Comment, Agenda Item #21
Date: Monday, June 19, 2023 6:59:53 PM
[EXTERNAL SENDER]
Hello,
My name is Christine Sterpetti and I’ve lived in Los Gatos for 5 years. I’m writing in support of the proposed ordinance restricting concealed carry of firearms in sensitive places, ie schools, libraries, etc.

I’m grateful the Town Council is taking action for gun safety. This ordinance is important to me because I am a mother to a 13 year old, and I want to make sure him and all of our citizens remain safe as we go about our daily lives.

Regards, Christine Sterpetti

From:

To: Clerk
Subject: Public Comment, Agenda Item #21
Date: Tuesday, June 20, 2023 9:54:58 AM
[EXTERNAL SENDER]
Hello,
As a resident of Los Gatos since 2000, it is very important to me that the town is as safe as possible for my neighbors, friends and family. I am concerned about the proliferation of guns in America and believe that steps must be taken to regulate the access and use of such weapons. I am grateful that the Los Gatos Town Council is taking action for gun safety by proposing an ordinance restricting concealed carry of firearms in sensitive places. Please approve this important ordinance and take a step toward protecting our town.

Regards,
Amy Korb
#EnoughisEnough

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PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 22
DATE: June 15, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of the Town Code Regarding Land Use and Economic Recovery Amendments Related to Personal Service Businesses, Bars, Tap/Tasting Rooms, Specialty Food Retail, Banks, Financial and Investment Services, Office Activities, Formula Retail, Group Classes, Veterinarians, and Definitions.” The Proposed Amendments to the Town Code are Not Considered a Project Under the California Environmental Quality Act. Town Code Amendment Application A-23-001.

Project Location: Town Wide. Applicant: Town of Los Gatos RECOMMENDATION:

Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only, amending Chapter 29, “Zoning Regulations,” of the Town Code regarding land use and economic recovery amendments related to personal service businesses, bars, tap/tasting rooms, specialty food retail, banks, financial and investment services, office activities, formula retail, group classes, veterinarians, and definitions (Attachment 1).

BACKGROUND:

Throughout the last several years, the Town Council has identified Strategic Priorities related to:
 Community vitality;
 Economic recovery;
 Business permit streamlining; and
 Polices and ordinances as they relate to business activity.

PAGE 2 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
BACKGROUND (continued):

Given the priorities identified by the Town Council, staff brought forward a series of policy and ordinance changes to begin this streamlining work, creating a more welcoming and flexible business environment with reduced timelines and fee structures for businesses. The recently adopted 2023 - 2025 Strategic Priorities includes Economic Vitality and Pandemic Recovery (Attachment 3, Exhibit 3), providing an opportunity to continue the streamlining work that began before the pandemic to support the business community during the recovery.

Attachment 3, Exhibit 4, Economic Vitality and Land Use Streamlining, illustrates the policy and ordinance streamlining that took place prior to 2020. Once the pandemic hit the community and the devastating effects became notable, the local business community and economic wellbeing of the Town’s shopping areas were among the stakeholder groups most negatively affected.

On March 12, 2020, the Director of Emergency Services (Town Manager) issued a proclamation pursuant to Town Code Section 8.10.035, declaring the existence of a local emergency within the Town due to the COVID-19 pandemic. On March 17, 2020, the Town Council adopted Resolution 2020-008 Ratifying and Continuing the Proclamation of Existence of Local Emergency Issued by the Director of Emergency Services (Attachment 3, Exhibit 5).

At this point, it was understood that the potential length and impacts of the pandemic were unknown and the Town needed to make adjustments to local land use and business permit policies to align with those being made at the County, State, and Federal levels through emergency orders, and to offer flexibility and options to support the local business community in the uncertain times. After thoughtful discussion by the Town Council, an Economic Recovery Resolution was adopted to provide businesses with options for flexibility to modify their business offerings. On June 3, 2020, an Economic Recovery Resolution 2020-022 was adopted by the Town Council, and has since been modified and extended with a current sunset date of October 31, 2023. Attachment 6 is the current Economic Recovery Resolution, 2023-027.

A high-level overview of the streamlining and flexibility offered through the Economic Recovery Resolution includes:
 Allowing outdoor dining in parklets along N. Santa Cruz Avenue and in private parking lots;  Allowing existing businesses in Town to relocate, expand, or open additional locations without obtaining a new Conditional Use Permit (CUP) through an Economic Recovery Agreement;
 Suspending the requirement for personal service businesses to obtain a CUP in the C-2 zone through an Economic Recovery Agreement;
 Reducing the cost for a new CUP by 50 percent, with the Town paying the balance of the fees;

PAGE 3 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
BACKGROUND (continued):
 Allowing alcohol consumption with meals in Town parks, temporary pop-up parks, temporary patio dining areas, and parklets; and
 Extending the expiration date for all building permits and planning entitlements by two years.

The California Emergency Services Act (California Government Code Section 8550, et seq.) provides that once the Town Council determines that there is no need to continue the local emergency, the Council shall proclaim the termination of the local emergency at the earliest possible date. The Governor of the State of California ended the State emergency declaration related to COVID-19 on February 28, 2023, and the County of Santa Clara demobilized its remaining COVID-19 mass vaccination and mass testing sites. On March 7, 2023, the Town Council adopted Resolution 2023-011, terminating the local emergency in line with the end of the State emergency declaration related to COVID-19 (Attachment 3, Exhibit 7). The Department of Health and Human Services terminated the Federal Public Health Emergency for COVID-19 on May 11, 2023.

In consideration of the recent termination of Federal, State, and local emergency orders and the sunset date of the current Economic Recover Resolution approaching, staff proposes amendments to the Town Code to continue the Town Council’s pre-pandemic streamlining efforts and to offer post-pandemic economic recovery support for businesses consistent with the Town Council’s Strategic Priorities.

On April 26, 2023, the Planning Commission considered the draft economic recovery Code amendments and made a recommendation to the Town Council based on the staff report and desk item (Attachments 3 and 4). The Planning Commission received and considered public comments on the draft economic recovery Code amendments, reviewed the proposed changes, and suggested edits in their recommendation of approval to Town Council as shown in the verbatim minutes (Attachment 5) and summarized below.

DISCUSSION:

The following sections include a summary of the existing regulatory framework; actions taken during the local COVID-19 emergency declaration; and the Planning Commission’s recommended amendments to the Town Code (Attachment 2). Additional discussion of these topics is included in the April 26, 2023, Planning Commission staff report and desk item included as Attachments 3 and 4.

PAGE 4 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
DISCUSSION (continued):

A. Personal Service Businesses as a Permitted Use in the C-2 and O Zones Under the current Town Code, a personal service business is a permitted use in the C-1, CH, and LM zones. In the C-2 zone, personal service businesses are allowed on the ground floor with a CUP and are a permitted use in specific areas described in Town Code Section

29.60.320 (c)(2), as shown on the map included as Attachment 3, Exhibit 8. A CUP for a personal service use must be approved by the Planning Commission.

While the local COVID-19 emergency order was in place, the Town Council suspended the requirement for personal service businesses to obtain a CUP in the C-2 zone and allowed them to locate within the Office zone. This action offered locational flexibility and reduced costs and timelines to personal service businesses during the emergency order.

The Planning Commission recommends amendments to the Town Code allowing personal service businesses on the ground floor throughout the C-2 zone, making them a permitted use by eliminating the CUP requirement, and removing limitations based on location within the C-2 zone. Additionally, personal service businesses would be added as a permitted use in the Office zone.

B. Bars, Markets, and other Miscellaneous Commercial Businesses The Town Code currently includes definitions and regulations for bars and restaurants.

Bars are a conditional use allowed only in the C-2 zone and require approval by the Town Council. Restaurants without alcohol service are a conditional use allowed in the C-1, C-2, CH, LM, and CM zones. Restaurants with alcohol service also require a CUP, but are not allowed in the CM zone. A CUP for either type of restaurant may be considered by the Development Review Committee (DRC).

While the local COVID-19 emergency order was in place, the Town Council suspended the requirement for up to five (5) markets, bars, and/or miscellaneous commercial businesses to obtain a CUP in the C-2 zone. This action offered reduced costs and timelines to specific business types during the emergency order; however, the resolutions and the current Town Code lack a definition for “market” and do not clarify what is meant by “miscellaneous commercial businesses.”
As discussed in the Planning Commission staff report (Attachment 3), there is no need to introduce markets as a new use in the Town Code. The “miscellaneous commercial businesses” term included in the resolution allowed the Town to be nimble in its regulatory approach to new businesses within the bar to restaurant spectrum during an

PAGE 5 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
DISCUSSION (continued):
unprecedented time. As the recovery process continues, it is important that updated Town Code language continue to provide for flexibility while recognizing and defining the variety of business models within the bar to restaurant spectrum. Two examples of business types that do not fit into the regulatory framework of the existing Town Code are tap/tasting rooms and specialty food retail. When these business types pursue operations in the Town, they are often forced into a category inconsistent with their desired operational characteristics, which may limit where they can be located and could require review by the Town Council.

Tap/Tasting Rooms
The Planning Commission recommends that the following definition of tap/tasting rooms be added to Town Code and be included in the restaurant categories for parking in the downtown area and outside of the downtown area. Tap/tasting rooms would also be added to the Table of Conditional Uses for the C-1, C-2, CH, and LM zones, and assigned to the DRC. A new definition would be added for tap/tasting room and the definition of bar would be simplified to reflect the rescinding of the Town’s Alcohol Policy in 2019.  Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or offsite consumption. Food service is not required.  Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages are served for on-site consumption. Food service is not required.

Specialty Retail and Specialty Food Retail
The Planning Commission recommends that the following definition of specialty food retail be added to Town Code and be included in the restaurant categories for parking in the downtown area and outside of the downtown area. Specialty food retail would also be added as a permitted use in the C-1, C-2, CH, and LM zones, where retail uses are also a permitted use. Approval of a CUP would be required for specialty food retail businesses offering alcohol for off-site or on-site consumption along with the appropriate ABC license.

The Table of Conditional Uses would be updated accordingly.  Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-to-order beverages and have limited to no seating. Examples include but are not limited to, tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. Specialty food retail does not include coffee houses.

PAGE 6 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
DISCUSSION (continued):

This definition creates a use between retail and restaurant that allows for a business to offer pre-prepared food items and made-to-order beverages while not being classified as a restaurant. The new definition, which includes the exclusion of coffee houses, as recommended by Planning Commission (Attachment 5). Additionally, the Planning Commission supported staff’s intended outreach to the local business community regarding the recommended amendments to the Town Code prior to the Town Council meeting. This outreach is described in the Public Outreach section of this report. More details of the recommended amendments, including a summary of the impacts to businesses, are included in the Planning Commission staff report (Attachment 3).

C. Banks and Financial and Investment Services
The Town Code does not provide definitions of bank, financial and investment services, or office activities. A bank requires a CUP in the C-1, C-2, and CH zones. The Planning Commission recommends the following new definitions in order to clarify the distinction between a bank and a financial and investment services use. New definitions would be added for retail bank, financial and investment services, and office activities. Existing regulations would continue to determine the parking requirements for office activities and where they could be located in the Town.
 Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: cash deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time.

The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code Section 1789.31 as amended from time to time.
 Financial and investment services means businesses that offer financial advice and services, including but not limited to: investment banking, portfolio management, private equity, and venture capital.
 Office activities means office uses, including but not limited to: administrative, professional, medical, dental, optical, real estate, insurance, financial and investment services, and other similar office uses characterized by an absence of retail sales.

PAGE 7 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
DISCUSSION (continued):

Included in its recommendation, the Planning Commission made one modification to the staff recommendation, to include “cash” deposits/withdrawals in the definition of a retail bank. This modification is reflected in the definition above and the draft ordinance included as Attachment 1.

D. Formula Retail Greater than 6,000 Square Feet
The Town Code defines a formula retail business as a business which, along with seven or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, décor, uniforms, architecture, colors, signs, or other similar features. Under the current Town Code, formula retail businesses up to 6,000 square feet are a permitted use in the C-1, C-2, CH, and LM zones.

Formula retail businesses greater than 6,000 square feet are a conditional use in the C-1, C2, CH, and LM zones and require Planning Commission approval.

The Planning Commission recommends amendments to the Town Code to allow formula retail businesses greater than 6,000 square feet as a permitted use in the C-1, C-2, CH, and LM zones by eliminating the formula retail definitions and specific regulations. This change would not impact the requirement for an Architecture and Site approval for new construction of a commercial building. More details on the recommended amendments related to formula retail businesses, including a summary of the impacts to businesses, is included in the Planning Commission staff report (Attachment 3).

E. Group Classes in C-2 Zone
The Town Code defines group classes as a class that offers instruction provided at a rate greater than one (1) student to one (1) instructor and does not include schools as defined in the Town Code. Under the current Town Code, group classes are a permitted use in the O, C-1, CH, and LM zones. Group classes require DRC approval of a CUP in the C-2 zone.

The Planning Commission recommends amendments to the Town Code to eliminate the requirement for a CUP for group classes in the C-2 zone, allowing it as a permitted use.

F. Veterinarians in C-1 Zone
Currently, the Town Code requires Planning Commission approval of a CUP for a veterinarian (without a kennel) in the C-2, CH, LM, and CM zones. Veterinarians are not allowed in the C-1 zone. Staff has received several inquiries recently related to commercial

PAGE 8 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
DISCUSSION (continued):
properties in the C-1 zone, including locations on Los Gatos Boulevard, from parties interested in establishing a new veterinarian business.

The Planning Commission recommends amendments to the Town Code to allow veterinarians (without a kennel) in the C-1 zone with Planning Commission approval of a CUP, consistent with the other commercial zones.

PUBLIC OUTREACH:

Staff conducted outreach through the following media and social media resources, as well as direct communication with the Chamber of Commerce and individual businesses and groups as summarized below:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account;
 The Town’s NextDoor page;
 Two Economic Stakeholders Meetings at the Chamber of Commerce on June 13, 2023;  Direct communication with the Chamber of Commerce Executive Director and Board Members; and
 Direct email communication to business stakeholders including property owners, business owners, and property managers/brokers.

With respect to the June Stakeholder Meetings, approximately 150 business interests (business owners, property owners, property managers, and commercial brokers) were invited via email directly from Town staff, while other meeting promotion and invitations were extended through the Chamber of Commerce network and the Town’s social media outlets.

Approximately 30 stakeholders attended the meetings in person, and a couple, who were unable to attend, met with staff via individual meetings to learn about the Zoning Code amendments and streamlining efforts. Attachment 9 contains the slides that guided the conversation with stakeholders. Of the items discussed, the conversation around specialty food retail as it relates to coffee businesses generated the most dialogue, and staff anticipates that this may be a topic of interest in written and verbal comments to the Council.

Written public comments received after 11:00 a.m. on the day of the Planning Commission meeting are found in Attachment 7.

PAGE 9 OF 9
SUBJECT: Economic Recovery Code Amendments
DATE: June 15, 2023
ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378, the proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Individual projects processed in accordance with the Town’s Zoning Code will undergo CEQA review.

CONCLUSION:

Staff recommends that the Town Council:

1. Make the finding that in accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a "project" subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment (Attachment 1, Section XXI); and

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the draft Ordinance are consistent with the General Plan (Attachment 1, Section XXI);

3. Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only, amending Chapter 29, “Zoning Regulations,” of the Town Code regarding land use and economic recovery amendments related to personal service businesses, bars, tap/tasting rooms, specialty food retail, banks, financial and investment services, office activities, formula retail, group classes, veterinarians, and definitions (Attachment 1), with any specific changes identified and agreed upon by the majority of the Town Council.

ALTERNATIVES:

Alternatively, the Town Council may:

1. Continue this item to a date certain with specific direction to staff;

2. Refer this item back to the Planning Commission with specific direction; or

3. Take no action, leaving the Town Code unchanged.

ATTACHMENTS:

1. Draft Ordinance

2. Draft Town Code Amendments Tracked Changes

3. April 26, 2023 Planning Commission Staff Report (with Exhibits 1-8)

4. April 26, 2023 Planning Commission Desk Item (with Exhibit 9)

5. April 26, 2023 Planning Commission Verbatim Minutes

6. Economic Recovery Resolution 2023-027

7. Public Comments

8. Slides Presented at the June Business Stakeholder Meetings

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Ordinance June 20, 2023

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE

REGARDING LAND USE AND ECONOMIC RECOVERY AMENDMENTS RELATED TO

PERSONAL SERVICE BUSINESSES, BARS, TAP/TASTING ROOMS, SPECIALTY FOOD

RETAIL, BANKS, FINANCIAL AND INVESTMENT SERVICES, OFFICE ACTIVITIES,

FORMULA RETAIL, GROUP CLASSES, VETERINARIANS, AND DEFINITIONS WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the Town Council has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the Town and its residents; and
WHEREAS, due to the severe economic impacts of the COVID-19 Pandemic and its economic impacts that followed including supply chain disruptions and inflation causing hardship on the community and the Town organization, the Town Council deemed it necessary to take additional action to suspend enforcement of certain provisions of the Town of Los Gatos Town Code and provided temporary process streamlining measures to facilitate the retention and attraction of Los Gatos businesses, reduce economic impacts, foster recovery, encourage economic vitality, and reduce commercial vacancies; and WHEREAS, on June 3, 2020, in response to the COVID-19 Pandemic, the Town of Los Gatos adopted Economic Recovery Resolution 2020-022, which was intended to provide economic relief to businesses experiencing economic uncertainty during the COVID-19 emergency orders. Resolution 2020-022 has since been extended and expanded by Resolutions 2021-002, 2021-051, 2022-066, and current Resolution 2023-027 with a sunset date of October 31, 2023; and
WHEREAS, while the emergency orders for the recent COVID-19 Pandemic have been lifted, the ongoing effects of the Pandemic, harsh winter storms, and inflation and supply chain issues have created difficult and negative impacts on the Los Gatos business community; and WHEREAS, the Town Council for the Town of Los Gatos continues to prioritize economic recovery through increased flexibility and opportunity; business permit streamlining, and economic and community vitality; and
WHEREAS, the Town of Los Gatos Town Council has an adopted strategic priority related to Economic Vitality and Pandemic Recovery, which prioritizes: economic recovery through increased flexibility and opportunity; business permit streamlining, and economic and community vitality; and
ATTACHMENT 1
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction

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Ordinance June 20, 2023
WHEREAS, in consideration of the recent termination of Federal, State, and local emergency orders and the sunset date of the current Economic Recover Resolution approaching, staff prepared amendments to the Town Code to continue the Town Council’s pre-Pandemic streamlining efforts and to offer post-Pandemic economic recovery support for businesses consistent with the Town Council Strategic Priorities; and WHEREAS, on April 26, 2023, the Planning Commission reviewed and commented on the proposed amendments regarding land use and economic recovery and forwarded a recommendation to the Town Council for approval of the proposed amendments with modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 20, 2023; and WHEREAS, on June 20, 2023, the Town Council reviewed and commented on the proposed amendments regarding land use and economic recovery and the Town Council voted to introduce the Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Automobile wrecking” and “Bar” to read as follows:

Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: cash deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term “check cashing business” as used herein means a retail business owned or operated by a “check casher” as that term is defined in California Civil Code Section 1789.31 as amended from time to time.

SECTION II. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Fence height” and “Home occupation ”to read as follows:

Financial and investment services means businesses that offer financial advice and services, including but not limited to: investment banking, portfolio management, private equity, and venture capital.

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Ordinance June 20, 2023
SECTION III. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Occupancy” and “Open space” to read as follows:

Office activities means office uses, including but not limited to: administrative, professional, medical, dental, optical, real estate, insurance, financial and investment services, and other similar office uses characterized by an absence of retail sales.

SECTION IV. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Shopping center” and “Stables” to read as follows:

Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-toorder beverages and have limited to no seating. Examples include but are not limited to: tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. Specialty food retail does not include coffee houses.

SECTION V. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Swimming pools” and “Townhouse” to read as follows:

Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or off-site consumption. Food service is not required.

SECTION VI. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to remove the following:

Formula retail business means a retail business which, along with seven (7) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.

SECTION VII. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” definitions “Bar,” “Convenience market,” and “Personal service” are amended to read as follows:

Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages are served for on-site consumption. Food service is not required.

Convenience market means an activity that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building;

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Ordinance June 20, 2023
but excluding delicatessens and specialty food retail and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat.

Personal service business means uses that predominately sell personal convenience services directly to the public, including but not limited to,: acupressure, barbers, beauty salons and related services, cosmetologists, electrolysis, estheticians, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, massage therapists, myofascial therapists, nail salons, pedicurists, permanent make-up, rolfers (therapists), skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use.

SECTION VIII. Subsection (b) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor parking space for each residential unit other than detached single-family or twofamily dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area. (2) Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor area.

SECTION IX. Subsection (c)(9) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(9) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area. (10) Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.

SECTION X. Subsection (1) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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TABLE OF CONDITIONAL
USES
RC HR R1 RD RMR1DRMH O C1C2CH LM CM
(1) Commercial
a. Banks, retail X X X
b. Reserved
c. Drive-up window
for any business
X X X
d. Supermarket X X X
e. Super drugstore X X X
f. Department store X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Restaurant
including those
with outdoor
dining areas or
takeout food

X X X X X
k. Establishment
selling alcoholic
beverages for
consumption on
premises

1. In
conjunction
with a
restaurant or
specialty food
retail use

X X X X

2. Without food
service (bar)
X

3. Tap/tasting
room

X X X X
l. Establishment
selling alcoholic
X X X

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beverages for
consumption offpremises (this
provision only
applies to
establishments
commencing or
expanding offpremises sales
after April 23,
1981)

1. In
conjunction
with a
specialty food
retail use

X X X X
m. Convenience
market
X X X
n. Reserved
o. Reserved
p. Reserved
q. New office
building approved
or constructed
after May 1, 2006
X X X
r. New retail sales
of firearms,
ammunition and
/or destructive
devices as set
forth in section

29.70.100
X
SECTION XI. Subsection (4)(h) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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TABLE OF CONDITIONAL
USES
RC HR R1 RD RMR1DRMH O C-1 C-2 CH LM CM
(4) Schools
h. Reserved
SECTION XII. Subsection (9)(c) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

TABLE OF CONDITIONAL
USES
RC HR R1 RD RMR1DRMH O C-1 C-2 CH LM CM
(9) Agriculture and
Animal Services
c. Veterinary
hospital (without
kennel)

X X X X
SECTION XIII. Subsection (b) of Section 29.20.190, “Findings and Decision,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(b) Reserved.

SECTION XIV. Section 29.20.745, “Development Review Committee,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Sec. 29.20.745. Development Review Committee.

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.

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(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 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) Reserved.

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

SECTION XV. Section 29.60.085, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:

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(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales. (2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses
SECTION XVI. Section 29.60.210, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing.
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993 provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.

SECTION XVII. Section 29.60.320, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing.

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(2) Reserved.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Group classes.
(10) Specialty food retail without alcoholic beverages. (b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Lyndon Avenue;
(2) Properties abutting Wood Road;
(3) The west side of Victory Lane:
(4) The south side of Los-Gatos-Saratoga Road excluding:
a. That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.
b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road. (6) The north and south side of West Main Street west of Victory Lane. (7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(d) Notwithstanding subsection (c), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance.

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(1) Office activities existing on June 17, 1991; or
(2) Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.

SECTION XVIII. Section 29.60.420, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing.
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.

SECTION XIX. Subsection (a) of Section 29.70.100, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(a) Activities allowed in the LM or commercial-industrial zone are those service-oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories:
(1) Retailing.
(2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or businesses. (4) Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone.
(5) Limited manufacturing.
(6) Wholesaling and warehousing.

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(7) Group classes.
(8) Specialty food retail without alcoholic beverages.

SECTION XX. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION XXI. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION XXII. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION XXIII. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 20th day of June 2023, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the 1
st day of August 2023 , by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

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Ordinance June 20, 2023

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

This Page
Intentionally
Left Blank

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ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE

REGARDING LAND USE AND ECONOMIC RECOVERY AMENDMENTS RELATED TO PERSONAL

SERVICE BUSINESSES, BARS, TAP/TASTING ROOMS, SPECIALTY FOOD RETAIL, BANKS,

FINANCIAL AND INVESTMENT SERVICES, OFFICE ACTIVITIES, FORMULA RETAIL, GROUP CLASSES, VETERINARIANS, AND DEFINITIONS.

WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the Town Council has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the Town and its residents; and
WHEREAS, due to the severe economic impacts of the COVID-19 Pandemic and its economic impacts that followed including supply chain disruptions and inflation causing hardship on the community and the Town organization, the Town Council deemed it necessary to take additional action to suspend enforcement of certain provisions of the Town of Los Gatos Town Code and provided temporary process streamlining measures to facilitate the retention and attraction of Los Gatos businesses, reduce economic impacts, foster recovery, encourage economic vitality, and reduce commercial vacancies; and WHEREAS, on June 3, 2020, in response to the COVID-19 Pandemic, the Town of Los Gatos adopted Economic Recovery Resolution 2020-022, which was intended to provide economic relief to businesses experiencing economic uncertainty during the COVID-19 emergency orders. Resolution 2020-022 has since been extended and expanded by Resolutions 2021-002, 2021-051, 2022-066, and current Resolution 2023-027 with a sunset date of October 31, 2023; and
WHEREAS, while the emergency orders for the recent COVID-19 Pandemic have been lifted, the ongoing effects of the Pandemic, harsh winter storms, and inflation and supply chain issues have created difficult and negative impacts on the Los Gatos business community; and WHEREAS, the Town Council for the Town of Los Gatos continues to prioritize economic recovery through increased flexibility and opportunity; business permit streamlining, and economic and community vitality; and
WHEREAS, the Town of Los Gatos Town Council has an adopted strategic priority related to Economic Vitality and Pandemic Recovery, which prioritizes: economic recovery through increased flexibility and opportunity; business permit streamlining, and economic and community vitality; and
ATTACHMENT 2
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction

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Ordinance June 20, 2023
WHEREAS, in consideration of the recent termination of Federal, State, and local emergency orders and the sunset date of the current Economic Recover Resolution approaching, staff prepared amendments to the Town Code to continue the Town Council’s pre-Pandemic streamlining efforts and to offer post-Pandemic economic recovery support for businesses consistent with the Town Council Strategic Priorities; and WHEREAS, on April 26, 2023, the Planning Commission reviewed and commented on the proposed amendments regarding land use and economic recovery and forwarded a recommendation to the Town Council for approval of the proposed amendments with modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 20, 2023; and WHEREAS, on June 20, 2023, the Town Council reviewed and commented on the proposed amendments regarding land use and economic recovery and the Town Council voted to introduce the Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Automobile wrecking” and “Bar” to read as follows with underlining (underlining) indicating new text:

Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: cash deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term “check cashing business” as used herein means a retail business owned or operated by a “check casher” as that term is defined in California Civil Code Section 1789.31 as amended from time to time.

SECTION II. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Fence height” and “Home occupation” to read as follows with underlining (underlining) indicating new text:

Financial and investment services means businesses that offer financial advice and services, including but not limited to: investment banking, portfolio management, private equity, and venture capital.

SECTION III. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended

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to add the following between the definitions of “Occupancy” and “Open space” to read as follows with underlining (underlining) indicating new text:

Office activities means office uses, including but not limited to: administrative, professional, medical, dental, optical, real estate, insurance, financial and investment services, and other similar office uses characterized by an absence of retail sales.

SECTION IV. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Shopping center” and “Stables” to read as follows with underlining (underlining) indicating new text:

Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-toorder beverages and have limited to no seating. Examples include but are not limited to: tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. Specialty food retail does not include coffee houses.

SECTION V. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Swimming pools” and “Townhouse” to read as follows with underlining (underlining) indicating new text:

Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or off-site consumption. Food service is not required.

SECTION VI. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to remove the following strikeouts (strikeouts) indicating deleted text:

Formula retail business means a retail business which, along with seven (7) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.

SECTION VII. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” definitions of “Bar,” “Convenience market,” and “Personal service” are amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages and snacks are served for on-site consumption.; possibly with entertainment such as music, television screens, video games or pool tables. Food service is not required.

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Convenience market means an activity that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops retail and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat.

Personal service business means uses that predominately sell personal convenience services directly to the public, including but not limited to,: acupressure, barbers, beauty salons and related services, cosmetologists, electrolysis, estheticians, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, massage therapists, myofascial therapists, nail salons, pedicurists, permanent make-up, rolfers (therapists), skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use.

SECTION VIII. Subsection (b) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor parking space for each residential unit other than detached single-family or twofamily dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, taverns and nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area. (2) Business and professional offices, retail banks, financial institutions and investment services, insurance companies, social service agencies and studios.

One (1) parking space for each two hundred fifty (250) square feet of gross floor area.

SECTION IX. Subsections (c)(9) and (10) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
(9) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, taverns and nightclubs, and tap/tasting rooms. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.

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(10) Business and professional offices, retail banks, financial institutions and investment services, insurance companies, social service agencies and studios.

One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.

SECTION X. Subsection (1) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

TABLE OF CONDITIONAL
USES
RC HR R1 RD RMR1DRMH O C1C2CH LM CM
(1) Commercial
a. Banks, retail X X X
b. Savings and loan
office Reserved
X X X
c. Drive-up window
for any business
X X X
d. Supermarket X X X
e. Super drugstore X X X
f. Department store X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Restaurant
including those
with outdoor dining
areas or takeout
food

X X X X X
k. Establishment
selling alcoholic
beverages for
consumption on
premises

1. In conjunction
with a
restaurant or

X X X X

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specialty food
retail use

2. Without food
service (bar)
X

3. Tap/tasting
room
XXXX
l. Establishment
selling alcoholic
beverages for
consumption off-
premises (this
provision only
applies to
establishments
commencing or
expanding off-
premises sales after
April 23, 1981)
XXX

1. In conjunction
with a
specialty food
retail use
XXXX
m. Convenience
market
XXX
n. Reserved
o. Formula retail
business greater
than 6,000
s.f.Reserved
XXXX
p. Personal service
businesses (as set
forth in section

29.60.320)Reserved
X
q. New office building
approved or
constructed after
May 1, 2006
XXX
r. New retail sales of
firearms,
X

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ammunition and
/or destructive
devices as set forth
in section

29.70.100
SECTION XI. Subsection (4)(h) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

TABLE OF CONDITIONAL
USES
RC HR R1 RD RMR1DRMH O C-1 C-2 CH LM CM
(4) Schools
h. Art, craft, music,
dancing school,
group classes
Reserved
X
SECTION XII. Subsection (9)(c) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

TABLE OF CONDITIONAL
USES
RC HR R1 RD RMR1DRMH O C-1 C-2 CH LM CM
(9) Agriculture and
Animal Services
c. Veterinary
hospital (without
kennel)

X X X X X
SECTION XIII. Subsection (b) of Section 29.20.190, “Findings and Decision,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
(b) Reserved. 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 six thousand (6,000) square feet or a personal service business if any of the following findings are made:

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(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.

SECTION XIV. Section 29.20.745, “Development Review Committee,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

Sec. 29.20.745. Development Review Committee.

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.

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(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 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. Reserved.

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

SECTION XV. Section 29.60.085, “Permitted uses,” of Chapter 29, Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales. (2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses.

SECTION XVI. Section 29.60.210, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is

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amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing up to six thousand (6,000) square feet .
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993 provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.

SECTION XVII. Section 29.60.320, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to six thousand (6,000) square feet. (2) Reserved.
(3) Reserved.
(4) Office activities subject to subsection (c) below.

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(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Group classes.
(10) Specialty food retail without alcoholic beverages. (b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Personal service businesses and office activities in the C-2 zone are subject to the following: Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Personal service businesses may be allowed on the ground floor in the C-2 zone with a conditional use permit. However, personal service businesses are considered a permitted use in the areas described in subsection (2)a—g below and in the remainder of the C-2 zone.
(2) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
a. (1) Lyndon Avenue;
b. (2) Properties abutting Wood Road;
c. (3) The west side of Victory Lane:
d. (4) The south side of Los-Gatos-Saratoga Road excluding:
i. a. That portion of the property located at the southwest corner of LosGatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.
ii.b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
e. (5) The east side of South Santa Cruz Avenue directly across the street from Wood Road.
f. (6) The north and south side of West Main Street west of Victory Lane.

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g.(7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(3d) Notwithstanding subsection (c)(2), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance. a.(1)Office activities existing on June 17, 1991; or
b.(2)Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.

SECTION XVIII. Section 29.60.420, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to six thousand (6,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.

SECTION XIX. Subsection (a) of Section 29.70.100, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

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Ordinance June 20, 2023
(a) Activities allowed in the LM or commercial-industrial zone are those service-oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories:
(1) Retailing, including formula retail up to six thousand (6,000) square feet. (2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or businesses. (4) Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone.
(5) Limited manufacturing.
(6) Wholesaling and warehousing.
(7) Group classes.
(8) Specialty food retail without alcoholic beverages.

SECTION XX. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION XXI. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION XXII. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION XXIII. Effective Date.

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Ordinance June 20, 2023
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of June 2023, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the____ day of August 2023 , by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager, Community Development Director, Town Attorney, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 04/26/2023
ITEM NO: 2
DATE: April 21, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Land Use and Economic Recovery Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Personal Service Businesses, Bars, Markets, Banks, Financial Services, Formula Retail, Group Classes, Veterinarians, Offices, and Definitions. The Proposed Amendments to the Town Code are Not Considered a Project Under the California Environmental Quality Act. Town Code Amendment Application A-23-001. Project Location: Town Wide.

Applicant: Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council for approval of the land use and economic recovery amendments to Chapter 29 (Zoning Regulations) of the Town Code.

CEQA:

In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Individual projects processed in accordance with the Town’s Zoning Code will undergo CEQA review.

FINDINGS:
 In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Individual projects processed in accordance with the Town’s Zoning Code will undergo CEQA review; and  The amendments to Chapter 29 of the Town Code are consistent with the General Plan.

ATTACHMENT 3

PAGE 2 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
BACKGROUND:

Throughout the last several years, the Town Council has identified strategic priorities related to:
• Community vitality;
• Economic recovery;
• Business permit streamlining; and
• Polices and ordinances as they relate to business activity.

Given the priorities identified by the Town Council, staff brought forward a series of policy and ordinance changes to begin this streamlining work, creating a more welcoming and flexible business environment with reduced timelines and fee structures for businesses. The recently adopted 2023 - 2025 Strategic Priorities includes Economic Vitality and Pandemic Recovery (Exhibit 3), providing an opportunity to continue the streamlining work that began before the pandemic to support the business community during the recovery.

Exhibit 4, Economic Vitality and Land Use Streamlining, illustrates the policy and ordinance streamlining that took place prior to 2020. Once the Pandemic hit the community and the devastating effects became notable, the local business community and economic well-being of the Town’s shopping areas were among the stakeholder groups most negatively affected.

On March 12, 2020, the Director of Emergency Services (Town Manager) issued a proclamation pursuant to Town Code Section 8.10.035, declaring the existence of a local emergency within the Town due to the COVID-19 pandemic. On March 17, 2020, the Town Council adopted Resolution 2020-008 Ratifying and Continuing the Proclamation of Existence of Local Emergency Issued by the Director of Emergency Services (Exhibit 5).

At this point, it was understood that the potential length and impacts of the Pandemic were unknown and the Town needed to make adjustments to local land use and business permit policies to align with those being made at the County, State, and Federal levels through emergency orders, and to offer flexibility and options to support the local business community in the uncertain times. After thoughtful discussion by the Town Council, an Economic Recovery Resolution was adopted to provide businesses with options for flexibility to modify their business offerings. On June 3, 2020, an Economic Recovery Resolution 2020-022 was adopted by the Town Council, and has since been modified and extended with a current sunset date of June 30, 2022. Exhibit 6 is the current Economic Recovery Resolution, 2022-066.

A high-level overview of the streamlining and flexibility offered through the Economic Recovery Resolution includes:
• Suspension of rent for Town-owned facilities;
• Providing business resources through a COVID-19 website;

PAGE 3 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
BACKGROUND (continued):
• Allowing restaurants to sell groceries, provide for curbside pickup, and sell alcohol via delivery and takeout;
• Allowing outdoor dining in parklets along N. Santa Cruz Avenue and in private parking lots; • Allowing the use of pop-up patios, parklets, and outdoor spaces for signage, merchandising, and queueing;
• Allowing existing businesses in Town to relocate, expand, or open additional locations without obtaining a new Conditional Use Permit (CUP) through an Economic Recovery Agreement;
• Suspending the requirement for personal service businesses to obtain a CUP in the C-2 zone through an Economic Recovery Agreement;
• Reducing the cost for a new CUP by 50 percent, with the Town paying the balance of the fees;
• Allowing alcohol consumption with meals in Town parks, temporary pop-up parks, temporary patio dining areas, and parklets; and
• Extending the expiration date for all building permits and planning entitlements by two years.

The California Emergency Services Act (California Government Code Section 8550, et seq.) provides that once the Town Council determines that there is no need to continue the local emergency, the Council shall proclaim the termination of the local emergency at the earliest possible date. The Department of Health and Human Services is planning for the Federal Public Health Emergency for COVID-19 to expire on May 11, 2023. In response, the Governor of the State of California ended the State emergency declaration related to COVID-19 on February 28, 2023, and the County of Santa Clara demobilized its remaining COVID-19 mass vaccination and mass testing sites. On March 7, 2023, the Town Council adopted Resolution 2023-011, terminating the local emergency in line with the end of the State emergency declaration related to COVID-19 (Exhibit 7).

DISCUSSION:

With the quick adoption and implementation of Resolution 2020-022, the Town experienced fewer vacancies and business attrition during the darkest times of the Pandemic and was quick to assist businesses in reopening in new formats, locations, or with other modifications that allowed them to be compliant with health orders while serving the community through their business offerings. Since the adoption of Resolution 2020-022, the Town continues to see the benefit of the flexibility and latitude the streamlining offers businesses. Staff is bringing forward these recommendations to memorialize this flexibility within the Town Code to continue to welcome businesses and work toward the Town Council’s strategic priority related to economic vitality and pandemic recovery.

PAGE 4 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):

Staff has received positive feedback from business and property owners, as the flexibility throughout the Pandemic and beyond has allowed for them to be agile and quickly adjust with the dynamic economic environment. Customer and community demands are more fluid than ever as folks are establishing their own new “normals” for comfortable shopping, dining, personal services, and community experiences. The proposed changes will continue this work and allow the Town to remain welcoming to a variety of business models through reduced timelines and fee structures.

The current economic environment is driven by social media, innovation, in-person experiences, and the ability to meet customer expectations. This fast-paced environment requires businesses to be on their toes and ready to pivot to keep up with the evolution of the community. Business life cycles vary greatly and ebb and flow with these economic trends. By creating a more flexible and streamlined permitting environment, the Town is making space to allow for current businesses to make these shifts more readily, and welcome new businesses with less perceived obstacles.

In consideration of the dynamic economic environment and the Town Council’s adopted strategic priority that promotes updates to Town policies and ordinances and permit streamlining related to economic vitality and pandemic recovery (Exhibit 3), staff is bringing forward recommendations for Town Code amendments related to CUP processes, land use definition clarity, and zoning updates to ultimately offer a more welcoming, flexible, and streamlined process for the business community. The specific amendments recommended are being identified based on the performance of the economic recovery efforts enacted during the COVID-19 emergency declaration, land use and economic vitality streamlining efforts during 2015 to 2019, and interactions with the business community. The proposed amendments provide continued support through increased flexibility and reduced process and cost.

A. Personal Service Businesses as a Permitted Use in the C-2 and O Zones The Town Code defines a personal service business as one that predominately sells personal convenience services directly to the public, including but not limited to, barbers, beauty salons and related services, cosmetologists, electrolysis, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, nail salons, pedicurists, permanent make-up, skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use.

Under the current Town Code, a personal service business is a permitted use in the C-1, CH, and LM zones. In the C-2 zone, personal service businesses are allowed on the ground floor with a CUP and are a permitted use in specific areas described in Section 29.60.320 (c)(2), as

PAGE 5 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):
shown on the map included as Exhibit 8. A CUP for a personal service use must be approved by the Planning Commission.

While the local COVID-19 emergency order was in place, the Town Council suspended the requirement for personal service businesses to obtain a CUP in the C-2 zone and allowed them to locate within the Office zone. This action offered locational flexibility and reduced costs and timelines to personal service businesses during the emergency order.

To continue the support of the business community consistent with the strategic priority, staff proposes amendments to the Town Code allowing personal service businesses on the ground floor throughout the C-2 zone, making them a permitted use by eliminating the CUP requirement, and removing limitations based on location within the C-2 zone. Additionally, personal service businesses would be added as a permitted use in the O zone. Below is a summary of the amendments to the Town Code necessary to carry out these changes:
• Update the definition of personal service businesses by adding specific services that have become common since the definition was originally developed (29.10.020); • Add personal service businesses to the required parking for retail and commercial shops to reflect Town practice [29.10.150 (b)(1) and (c)(9)]; • Eliminate the CUP requirement for personal service businesses in the C-2 zone from the Table of Conditional Uses (29.20.185);
• Remove personal service businesses from the required findings for granting a CUP [29.20.190 (b)];
• Add personal service businesses as a permitted use in the O and C-2 zones (29.60.085 and 29.60.320); and
• Eliminate the locational restrictions for personal service businesses in the C-2 zone [29.60.320 (c)]
The impact of the proposed amendments to the Town Code regarding personal service businesses are summarized in the table on the following page.

PAGE 6 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):

Impact of Town Code Amendments on Personal Service Businesses in the C-2 and O Zones Current Code Amended Code
C-2 Zone*
Application Type, Fee CUP by Planning Commission: $9,098.64 Use and Occupancy: $278.16
Business License: $75 to $975
Use and Occupancy: $278.16
Business License: $75 to $975
Average Processing Time 3 to 4 months Over the counter (typical) O Zone
Application Type, Fee Not permitted Use and Occupancy: $278.16 Business License: $75 to $975
Average Processing Time Not permitted Over the counter (typical) * Where a CUP is required
B. Bars, Markets, and other Miscellaneous Commercial Businesses The Town Code currently includes definitions and regulations for bars and restaurants. Bars are defined as a drinking place where alcoholic beverages and snacks are served; possibly with entertainment such as music, television screens, video games, or pool tables. Bars are a conditional use allowed only in the C-2 zone and require approval by the Town Council.

Restaurants are defined as a retail food service establishment in which food and beverage is prepared, served, and sold to customers for on-site or take-out consumption. Restaurants without alcohol service are a conditional use allowed in the C-1, C-2, CH, LM, and CM zones.

Restaurants with alcohol service also require a CUP, but are not allowed in the CM zone. A CUP for either type of restaurant may be considered by the Development Review Committee (DRC).

While the local COVID-19 emergency order was in place, the Town Council suspended the requirement for up to five (5) markets, bars, and/or miscellaneous commercial businesses to obtain a CUP in the C-2 zone. This action offered reduced costs and timelines to specific Business types during the emergency order; however, the resolution and the current Town Code lack a definition for “market” and do not clarify what is meant by “miscellaneous commercial businesses.” One of the five available markets, bars, and/or miscellaneous commercial businesses executed an Economic Recovery Agreement, a wine tasting establishment without food located in the C-2 zone.

The market concept typically offers a hybrid of retail and restaurant uses within a single business. The current framework of the Town Code adequately regulates these types of businesses as either retail or restaurant, depending on the specific operational characteristics of the business. Therefore, there is no need to introduce markets as a new use in the Town Code. The “miscellaneous commercial businesses” term included in the resolution allowed the Town to be nimble in its regulatory approach to new businesses

PAGE 7 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):
within the bar to restaurant spectrum during an unprecedented time. As the recovery process continues, it is important that updated Town Code language continue to provide for flexibility while recognizing and defining the variety of business models within the bar to restaurant spectrum. Two examples of business types that do not fit into the framework of the existing Town Code are tap/tasting rooms and specialty food retail. When these business types pursue operation in the Town, they are often forced into a category that is not consistent with their desired operational characteristics, which may limit where they can be located and could require review by the Town Council.

Tap/Tasting Rooms
Tap/tasting rooms are a business model becoming more prevalent. A tap/tasting room offers sampling and sales of alcoholic beverages for on- or off-site consumption, but does not include the extended hours that are typical of a bar. Like a bar, food may be offered at a tap/tasting room, but is not a requirement. Currently, this type of business would either be classified as a bar or would need to incorporate food service infrastructure and staffing into their business model to open as a restaurant in the Town. This new category provides an opportunity to businesses that do not want to establish a kitchen to offer food and operate as a restaurant and do not want to offer late night hours of operation characteristic of a bar. Additionally, tap/tasting rooms typically provide a unique environment that may focus on craft and high-quality alcoholic beverages and provide a social gathering place with hours of operation not extending beyond 10:00 p.m. The limited hours of operation of a tap/tasting room reduce noise and other impacts, making them compatible in more areas of the Town. Lastly, the California Department of Alcoholic Beverage Control (ABC) requires different licenses for a bar and a tap/tasting room. The proposed tap/tasting room category recognizes the distinction in operational characteristics and the hours of operation between them and a bar, which allows the Town to regulate the two uses independently.

To continue the support of the business community consistent with the strategic priority and to provide increased flexibility and opportunity to new business types, staff proposes amendments to the Town Code to define and provide a regulatory framework for tap/tasting rooms. Tap/tasting rooms would be added to the restaurant categories for parking in the downtown area and outside of the downtown area. Tap/tasting rooms would also be added to the Table of Conditional Uses for the C-1, C-2, CH, and LM zones, and assigned to the DRC. A new definition would be added for tap/tasting room and the definition of bar would be simplified to reflect the rescinding of the Town’s Alcohol Policy in 2019.
• Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or offsite consumption. Food service is not required.

PAGE 8 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):
• Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages are served for on-site consumption. Food service is not required.

Below is a summary of the amendments to the Town Code necessary to carry out these changes:
• Update the definition of bar to recognize the rescinding of the Town’s Alcohol Policy in 2019 (29.10.020);
• Add the definition of tap/tasting room (29.10.020);
• Add tap/tasting room to the required parking for restaurants [29.10.150 (b)(1) and (c)(9)];
• Add tap/tasting room to the Table of Conditional Uses:
o Tap/tasting room would be allowed with an approved CUP in the C-1, C-2, CH, and LM zones.
o Bars would continue to be allowed with an approved CUP only in the C-2 zone (29.20.185); and
• Update the assignment of duties adding tap/tasting room to the DRC, consistent with restaurants (29.20.745).

The impact of the proposed amendments to the Town Code regarding tap/tasting room businesses are summarized in the table below.

Impact of Town Code Amendments on Restaurant, Bar, and Tap/Tasting Room Zone Allowed with CUP Application Type, Fee Average Processing Time Restaurant without
Alcohol
C-1, C-2, CH, LM, CM
(no change)
CUP by DRC: $5,794.02
(no change)
3 to 4 months
(no change)
Restaurant with
Alcohol
C-1, C-2, CH, LM
(no change)
CUP by DRC: $5,794.02
(no change)
3 to 4 months
(no change)
Bar C-2 (no change) CUP by Town Council:
$16,261.46 (no change)
4 to 6 months
(no change)
Tap/Tasting Room C-1, C-2, CH, LM CUP by DRC: $5,794.02 3 to 4 months Specialty Retail and Specialty Food Retail
A specialty retail use is not a new business type to the Town. In fact, there are examples of businesses throughout Town that are considered specialty retail uses. To date, the Town Code has lacked a definition and regulatory framework specific to specialty retail uses, with staff relying on an interpretation of information in different Town policy documents to regulate the use. Currently, specialty retail businesses are considered walk-in and impulse businesses that offer pre-packaged foods and beverages, but do not offer meals, and with limited to no seating. While both restaurant and specialty retail businesses offer food

PAGE 9 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):
products, the primary distinction between the two uses is that food and beverages must be pre-prepared and may not be made-to-order to be considered a specialty retail use. Once a business offers any items made to order, including coffee, bagels with condiments, ice cream, etc., they are currently required to obtain a CUP for a restaurant use. Currently, a specialty retail business is regulated as a retail use and may be approved over the counter.

Within the current framework, a specialty retail business is limited in what and how products can be offered. Only pre-prepared food and beverages can be offered. This limitation forces some businesses into a restaurant CUP process that may not warrant that level of control. To increase flexibility within the retail food/restaurant space, staff recommends incorporating the following definition to bridge the gap between the two existing uses:
• Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-to-order beverages and have limited to no seating. Examples include but are not limited to, coffee/tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops.

This definition creates a use between retail and restaurant that allows for a business to offer pre-prepared food items and made-to-order beverages while not being classified as a restaurant. Staff proposes amendments to the Town Code to define and provide a regulatory framework for a specialty food retail use. The new definition would be added to the Town Code and the specialty food retail use would be allowed as a permitted use in the C-1, C-2, CH, and LM zones, where retail uses are also a permitted use. However, approval of a CUP would be required for a specialty food retail business offering alcohol for off-site or on-site consumption along with the appropriate ABC license. The Table of Conditional Uses would be updated accordingly. Below is a summary of the amendments to the Town Code necessary to carry out these changes:
• Update the definition of convenience market to specifically exclude specialty food retail (29.10.020);
• Add the definition of specialty food retail (29.10.020); • Add specialty food retail to required parking for restaurants [29.10.150 (b)(1) and (c)(9)]; • Add specialty food retail to the Table of Conditional Uses for establishments selling alcoholic beverages for consumption off-site or on-site (29.20.185); • Update the assignment of duties adding specialty food retail uses offering alcoholic beverages for consumption off-site or on-site to the DRC, consistent with restaurants (29.20.745); and
• Add specialty food retail without alcoholic beverages as a permitted use in the C-1, C-2, CH, and LM zones (29.60.210, 29.60.320, 29.60.420, and 29.70.100).

PAGE 10 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):

The impact of the proposed amendments to the Town Code regarding specialty food retail businesses are summarized in the table below.

Impact of Town Code Amendments on Specialty Food Retail Businesses Current Code Amended Code
Frozen Yogurt Shop
Application Type, Fee CUP (restaurant) by DRC: $5,794.02 Use and Occupancy: $278.16
Business License: $75 to $975
Use and Occupancy: $278.16
Business License: $75 to $975
Average Processing Time 3 to 4 months Over the counter (typical) Coffee House
Application Type, Fee CUP (restaurant) by DRC: $5,794.02 Use and Occupancy: $278.16
Business License: $75 to $975
Use and Occupancy: $278.16
Business License: $75 to $975
Average Processing Time 3 to 4 months Over the counter (typical) Specialty Food Retail Shop Offering Alcohol for Off- Site or On-Site Consumption Application Type, Fee CUP (restaurant) by DRC: $5,794.02 Use and Occupancy: $278.16
Business License: $75 to $975
CUP (specialty food retail with offsite or on-site alcohol) by DRC:
$5,794.02
Use and Occupancy: $278.16
Business License: $75 to $975
Average Processing Time 3 to 4 months 3 to 4 months
C. Banks and Financial and Investment Services
The Town Code does not provide a definition of bank, but does require a CUP for banks in the C-1, C-2, and CH zones. In 2020, an applicant requested a zoning consistency determination and approval of a CUP for a bank in the C-2 zone. The proposed use did offer some of the services traditional to banks, but also offered other financial and investment services that are typically considered office uses. The Planning Commission determined the use to be a bank and approved the CUP. This decision was appealed, and the Town Council determined that the proposed use was not appropriate for the specific location, granting the appeal and denying the application.

To clarify the distinction between a bank and a financial and investment services use, staff proposes amendments to the Town Code. New definitions would be added for retail bank, financial and investment services, and office activities. Existing regulations would continue to determine the parking requirements for office activities and where they could be located in the Town. The following new definitions would be added to the Town Code:
• Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: deposits/withdrawals, loans,

PAGE 11 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):
checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time.

The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code Section 1789.31 as amended from time to time.
• Financial and investment services means businesses that offer financial advice and services, including but not limited to: investment banking, portfolio management, private equity, and venture capital.
• Office activities means office uses, including but not limited to: administrative, professional, medical, dental, optical, real estate, insurance, financial and investment services, and other similar office uses characterized by an absence of retail sales.

Below is a summary of the amendments to the Town Code necessary to carry out these changes:
• Add the definitions of retail bank, financial and investment services, and office activities (29.10.020);
• Add retail bank and financial and investment services to the required parking [29.10.150 (b)(2) and (c)(10)]; and
• Change “bank” to “retail bank” in the Table of Conditional Uses (29.20.185).

D. Formula Retail Greater than 6,000 Square Feet
The Town Code defines a formula retail business as a business which, along with seven or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, décor, uniforms, architecture, colors, signs, or other similar features. Under the current Town Code, formula retail businesses up to 6,000 square feet are a permitted use in the C-1, C-2, CH, and LM zones.

Formula retail businesses greater than 6,000 square feet are a conditional use in the C-1, C2, CH, and LM zones and require Planning Commission approval.

To continue the support of the business community and to provide increased flexibility and opportunity for businesses in the Town, staff proposes amendments to the Town Code to allow formula retail businesses greater than 6,000 square feet as a permitted use in the C-1, C-2, CH, and LM zones by eliminating the formula retail definitions and specific regulations.

With this change, a formula retail business as it is currently defined would simply be considered a retail business and allowed where retail uses are allowed. This change would not impact the requirement for an Architecture and Site approval for new construction of a

PAGE 12 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):
commercial building. Below is a summary of the amendments to the Town Code necessary to carry out these changes:
• Eliminate the definition of formula retail business (29.10.020); • Eliminate the CUP requirement for formula retail businesses greater than 6,000 square feet in the C-1, C-2, CH, and LM zones from the Table of Conditional Uses (29.20.185); • Remove formula retail businesses greater than 6,000 square feet from the required findings for granting a CUP [29.20.190 (b)];
• Remove formula retail businesses up to six thousand (6,000) square feet as a permitted use in the C-1, C-2, CH, and LM zones (29.60.210, 29.60.320, 29.60.420, and 29.70.100).

The impact of the proposed amendments to the Town Code regarding formula retail businesses are summarized in the table below.

Impact of Town Code Amendments on Formula Retail Businesses Greater than 6,000 sf Current Code Amended Code
Application Type, Fee CUP: $9,098.64
Business License: $75 to $975
Use and Occupancy: $278.16
Business License: $75 to $975
Average Processing Time 3 to 6 months Over the counter (typical) Deciding Body Planning Commission Community Development Director Alternatively, the Planning Commission could consider maintaining the requirement for a CUP for a formula retail business greater than 6,000 square feet in specific zones, but change the deciding body from Planning Commission to DRC. Additionally, the Planning Commission could consider whether specific, but not all, types of formula retailer greater than 6,000 square feet should require a CUP in specific zones. One example of a specific type is a use that might still require a CUP is one whose primary focus is on alcohol sales.

E. Group Classes in C-2 Zone
The Town Code defines group classes as a class that offers instruction provided at a rate greater than one (1) student to one (1) instructor and does not include schools as defined in the Town Code. Under the current Town Code, group classes are a permitted use in the O, C-1, CH, and LM zones. Group classes require DRC approval of a CUP in the C-2 zone.

To continue the support of the business community and to provide increased flexibility and opportunity for businesses in the Town, staff proposes amendments to the Town Code to eliminate the requirement for a CUP for group classes in the C-2 zone, allowing it as a permitted use. Below is a summary of the amendments to the Town Code necessary to carry out these changes:

PAGE 13 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
DISCUSSION (continued):
• Eliminate the CUP requirement for group classes in the C-2 zone from the Table of Conditional Uses (29.20.185);
• Eliminate group classes as an assigned duty for the DRC [29.20.745 (21)]; and • Add group classes as a permitted use in the C-2 zone (29.60.085).

The impact of the proposed amendments to the Town Code regarding group classes businesses are summarized in the table below.

Impact of Town Code Amendments on Group Classes Businesses Current Code Amended Code
Application Type, Fee CUP: $9,098.64
Business License: $75 to $975
Use and Occupancy: $278.16
Business License: $75 to $975
Average Processing Time 3 to 6 months Over the counter (typical) Deciding Body DRC Community Development Director
F. Veterinarians in C-1 Zone
Currently, the Town Code requires Planning Commission approval of a CUP for a veterinarian (without a kennel) in the C-2, CH, LM, and CM zones. Veterinarians are not allowed in the C-1 zone. Staff has received several inquiries recently related to commercial properties in the C-1 zone, including locations on Los Gatos Boulevard, from parties interested in establishing a new veterinarian business.

Staff proposes amendments to the Town Code to allow veterinarians (without a kennel) in the C-1 zone with Planning Commission approval of a CUP, consistent with the other commercial zones. Below is a summary of the amendments to the Town Code necessary to carry out these changes:
• Amend the Table of Conditional Uses to allow veterinarians in the C-1 zone as a conditional use (29.20.185).

PUBLIC COMMENTS:

Staff conducted outreach through the following media and social media resources, as well as direct communication with the Chamber of Commerce and individual businesses and groups as summarized below:
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;

PAGE 14 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
PUBLIC COMMENTS (continued):
• The Town’s Instagram account;
• The Town’s NextDoor page;
• The Town’s Community Development Booth at the Town’s Spring Into Green Event on Sunday, April 23, 2023;
• Direct communication with the Chamber of Commerce Executive Director and Board Members; and
• Direct email communication to business stakeholders including property owners, business owners, and property managers/brokers.

CEQA DETERMINATION:

In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Individual projects processed in accordance with the Town’s Zoning Code will undergo CEQA review.

CONCLUSION:

A. Summary
To continue Town support of local businesses, staff has identified several amendments to the Town Code relative to land use and zoning consistent with the strategic priority that promotes updates to Town policies and ordinances related to economic vitality and pandemic recovery. The proposed amendments provide continued support through increased flexibility and reduced process and cost.

B. Recommendation
Staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance Amendments (Exhibit 2). The Planning Commission should also include any comments or recommended changes to the Draft Ordinance in taking the following actions:

1. Make the finding that the proposed amendments to the Town Code are not considered a project under the California Environmental Quality Act (Exhibit 1);

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Exhibit 1); and

3. Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance Amendments (Exhibit 2).

PAGE 15 of 16
SUBJECT: Economic Recovery Code Amendments
DATE: April 21, 2023
CONCLUSION (continued):

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council for approval of the Draft Ordinance with modifications; or

2. Forward a recommendation to the Town Council for no changes to the Town Code; or

3. Continue the matter to a date certain with specific direction.

EXHIBITS:

1. Required Findings

2. Draft Ordinance Amendments

3. Strategic Priorities 2023 - 2025

4. Economic Vitality and Land Use Streamlining Information

5. Resolution 2020-008

6. Resolution 2022-066

7. Resolution 2023-011

8. C-2 Ground Floor Offices Map

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PLANNING COMMISSION – April 26, 2023
REQUIRED FINDINGS FOR:

Town Code Amendment Application A-23-001
Forward a Recommendation to the Town Council on Land Use and Economic Recovery Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Personal Service Businesses, Bars, Markets, Banks, Financial Services, Formula Retail, Group Classes, Veterinarians, Offices, and Definitions.

FINDINGS
Required Findings for CEQA:
• In accordance with CEQA Guidelines Section 15378, these proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Individual projects processed in accordance with the Town’s Zoning Code will undergo CEQA review.

Required Findings for General Plan:
• The proposed amendments to Chapter 29 of the Town Code regarding land use and economic recovery are consistent with the General Plan.

EXHIBIT 1
N:\DEV\FINDINGS\2023\ECONOMIC RECOVERY CODE AMENDMENTS - PC - 04-26-23.DOCX

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Sec. 29.10.020. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:
…
Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term “check cashing business” as used herein means a retail business owned or operated by a “check casher” as that term is defined in California Civil Code Section 1789.31 as amended from time to time.

Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages and snacks are served for on-site consumption.; possibly with entertainment such as music, television screens, video games or pool tables. Food service is not required.
…
Convenience market means an activity that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops retail and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat. …
Financial and investment services means businesses that offer financial advice and services, including but not limited to: investment banking, portfolio management, private equity, and venture capital.
…
Formula retail business means a retail business which, along with seven (7) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.
…
Office activities means office uses, including but not limited to: administrative, professional, medical, dental, optical, real estate, insurance, financial and investment services, and other similar office uses characterized by an absence of retail sales. …
EXHIBIT 2

Personal service business means uses that predominately sell personal convenience services directly to the public, including but not limited to,: acupressure, barbers, beauty salons and related services, cosmetologists, electrolysis, estheticians, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, massage therapists, myofascial therapists, nail salons, pedicurists, permanent make-up, rolfers (therapists), skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use. …
Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-toorder beverages and have limited to no seating. Examples include but are not limited to:
coffee/tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. …
Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or off-site consumption. Food service is not required.

Sec. 29.10.150. Number of off-street spaces required.
(a) Intent. The regulations contained in this section are intended to ensure the provision of a sufficient number of off-street parking spaces privately and publicly owned and operated to satisfy needs generated by permissible uses.
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor parking space for each residential unit other than detached single-family or two-family dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, taverns and nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area. (2) Business and professional offices, retail banks, financial institutions and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor area. …
(c) Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to the requirements for the listed uses. In addition to other parking requirements, one visitor parking space for each residential unit other than a detached single-family or two-family dwelling shall be required, unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s).

…
(9) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, taverns and nightclubs, and tap/tasting rooms. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area. (10) Business and professional offices, retail banks, financial institutions and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area. …

Sec. 29.20.185. Table of conditional uses.

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.

TABLE OF CONDITIONAL
USES
RC HR R1 RD RM R1D RMH O C1 C2 CH LM CM
(1) Commercial
a. Banks, retail X X X
b. Savings and loan
office Reserved
X X X
c. Drive-up
window for any
business
X X X
d. Supermarket X X X
e. Super drugstore X X X
f. Department
store
X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Restaurant
including those
with outdoor
dining areas or
takeout food

X X X X X
k. Establishment
selling alcoholic
beverages for
consumption on
premises

1. In
conjunction
with a
restaurant
or specialty
food retail
use

X X X X

2. Without
food service
(bar)
X

RC HR R1 RD RM
R1D RMH O C1 C2 CH LM CM

3. Tap/tasting
room

X X X X
l. Establishment
selling alcoholic
beverages for
consumption
off-premises
(this provision
only applies to
establishments
commencing or
expanding offpremises sales
after April 23,
1981)
X X X

1. In
conjunction
with a
specialty
food retail
use

X X X X

m.

Convenience
market
X X X
n. Reserved
o. Formula retail
business greater
than 6,000 s.f.

Reserved

X X X X
p. Personal service
businesses (as
set forth in
section

29.60.320)
Reserved
X
(4) Schools RC HR R1 RD RM R1D RMH O C1 C2 CH LM CM h. Art, craft, music,
dancing school,
group classes
Reserved
X

(9) Agriculture and
Animal Services
RC HR R1 RD RM R1D RMH O C1 C2 CH LM CM
c. Veterinary
hospital
(without kennel)

X X X X X
Sec. 29.20.190. Findings and decision.
(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 or desirable to the public convenience or welfare;
(2) The proposed uses will not impair the integrity and character 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. (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) Reserved. 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 six thousand (6,000) square feet or a personal service business 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.
…

Sec. 29.20.745. Development Review Committee.

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 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. Reserved.

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

Sec. 29.60.085. Permitted uses.

Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales. (2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses.
(Ord. No. 1316, § 4.52.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 2304 , § II, 2-18-20) Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing up to six thousand (6,000) square feet.
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993 provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.

(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.
(Ord. No. 1316, § 4.54.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1930, § I, 2-1-93; Ord. No. 2304 , § II, 2-18-20)
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to six thousand (6,000) square feet. (2) Reserved.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Group classes.
(10) Specialty food retail without alcoholic beverages. (b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are vehicle sales or service, manufacturing, warehousing, laundry or dry cleaning plants.
(c) Personal service businesses and office activities in the C-2 zone are subject to the following: Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Personal service businesses may be allowed on the ground floor in the C-2 zone with a conditional use permit. However, personal service businesses are considered a permitted use in the areas described in subsection (2)a—g below and in the remainder of the C-2 zone.
(2) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:

a.(1) Lyndon Avenue;
b.(2) Properties abutting Wood Road;
c.(3) The west side of Victory Lane:
d.(4) The south side of Los-Gatos-Saratoga Road excluding:
ia. That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.
iib. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
e.(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road.
f.(6) The north and south side of West Main Street west of Victory Lane. g.(7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(2d) Notwithstanding subsection (c)(2), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance. a. Office activities existing on June 17, 1991; or
b. Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.

Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to six thousand (6,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.

(6) Specialty food retail without alcoholic beverages.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.

Sec. 29.70.100. Permitted uses.
(a) Activities allowed in the LM or commercial-industrial zone are those service-oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories:
(1) Retailing, including formula retail up to six thousand (6,000) square feet. (2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or businesses. (4) Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone.
(5) Limited manufacturing.
(6) Wholesaling and warehousing.
(7) Group classes.
(8) Specialty food retail without alcoholic beverages.

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Prudent Financial Management
Quality Of LifE
Traffic/Transportation
Safety
Address Pension & OPEB Obligations
Sell or Lease Certain Town Properties
Develop a Five-Year Structurally Balanced
and Sustainable Operating Forecast
Explore New Revenue Opportunities
Cure Forecasted Structural Deficit
Develop a Five-Year Full Funded Capital Plan
Community Vitality
Diversity, Equity & Inclusion Efforts
Community Where Older Adults Thrive
Adopt a Senior Road Map
Events & Other Town-Wide Efforts
Community Engagement
Environmental Sustainability/Climate Resiliency
Economic Vitality & Pandemic Recovery
Policies & Ordinances
Semi-Permanent Parklets
Streamline Permit Process
Land Use Planning
General Plan 2040
Housing Element
Affordable Housing Partnerships
SB9 Implementation
Work with Town Partners to Support Needs of
Unhoused Residents
Redefine Town Commissions in Alignment with
Strategic Priorities
Comprehensive Parking Study
Short, Medium, and Long-Term Actions
Transportation Demand Management
Measure B Transportation Projects
Bicycle & Pedestrian Improvements
Community Shuttle
Summer/Rush Hour/School Traffic
Regional Transportation Issues
Traffic Calming/Safety for All Users
Community Policing
Emergency Preparedness
CERT Recruitment & Training
Communications, EOC Readiness &
Emergency Plan Development
Fire Protection
Implementation of Ad Hoc Wildfire
Mitigation Plan
Vegetation and Hazardous Tree
Management
Ongoing Strategic Priorities
2023-2025
EXHIBIT 3

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ECONOMIC VITALITY & LAND USE STREAMLINING
The Town of Los Gatos is proud to be the home of a variety of premium shopping and dining experiences. Our downtown is one of the most charming and beautiful places around, while Los Gatos Boulevard and surrounding shopping centers provide neighborhood convenience and other fantastic shopping, dining, and service businesses against the back drop of the picturesque foothills. The Town Council is committed to creating opportunities for existing and new businesses to thrive throughout Los Gatos, and as a result have adopted a strategic priority to continue to support our business community through streamlining processes, policies, and ordinances.

The list below highlights much of the work that has been completed to date, and we will continue to make strides in creating an environment that allows our business community to continue to be the very best. Please click on any of the items below to learn more about what was adopted:
• Flexible outdoor seating regulations on public and private property (9/1/15, Town Council Meeting, Item 11)
• Allowance for paid private Downtown valet parking (11/3/15, Town Council Meeting, Item 13) • Allowance for entertainment by right before 10 P.M. and late-night entertainment with a permit (6/21/16, Town Council Meeting, Item 19)
• Significantly reducing the Traffic Impact Fees that are applied to existing commercial space in Downtown and Shopping Centers (11/17/16 and 2/16/17, Policy Committee Meetings) • Providing flexible seating calculations for restaurants guided by Maximum Fire Occupancy (3/20/18, Town Council Meeting, Item 9)
• Rescission of the Town’s Alcohol Beverage Policy acknowledging that ample vetting and oversight is provided through the State of California’s Alcohol Beverage Control (4/3/18, Town Council Meeting, Item 8)
• Resolution for a limited time suspending the Conditional Use Permit requirement for Formula Retailers in Downtown (6/5/18, Town Council Meeting, Item 18)
• Resolution for a limited time allowing restaurants to modify their Conditional Use Permits at the Development Review Committee level significantly reducing the time and cost related to a CUP modification (6/19/18, Town Council Meeting, Item 19)
• Elimination of parking time limits in public parking lots Downtown on Saturdays (11/6/18, Town Council Meeting, Item 8)
• Approval for a one-way street pilot on N. Santa Cruz Avenue for the Summer and Fall of 2019, offering more on street parking and greater opportunities for parklets and bike and pedestrian traffic (1/15/19, Town Council Meeting, Item 5)
• Approval of a pilot program to allow parklets, also known as sidewalk cafes, on Main Street and N. Santa Cruz Avenue (2/5/19, Town Council Meeting, Item 11) • Resolution for a limited time suspending Ordinance 2021, and allowing new restaurants to obtain a CUP at the DRC level until, and a resolution allowing for minor exterior modifications to commercial buildings to be processed at building permit 12/31/19 (3/5/19, Town Council Meeting, Item 7) • Resolution for a limited time allowing group classes without a CUP in commercial zones outside of downtown, and those within downtown to obtain a CUP at the DRC level. (3/19/19, Town Council Meeting, Item 11)
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EXHIBIT 5 Page 747
WHEREAS, the Town Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the Town; and
WHEREAS, California Government Code, Title 2, Division 1, Chapter 7. 5 - California Disaster Assistance Act ( CDAA) allows that with the Proclamation of a Local Emergency the Town may seek financial assistance and may request reimbursement of expenses incurred during any response, if approved by the Director of the California Office of Emergency Services or Concurrence or Governor' s Proclamation; and
WHEREAS, on March 12, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the Town; and WHEREAS, the associated emergency conditions are on -going and the emergency should not be terminated at this time;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS THAT:

1. The Proclamation of Existence of a Local Emergency ( Exhibit A), as issued by the Director of Emergency Services on March 12, 2020, is hereby ratified and confirmed.

2. The Town Council has reviewed the need for continuing the declaration of local emergency and finds based on substantial threat of continued community spread that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID- 19.

3. Said local emergency shall be deemed to continue to exist until terminated by the Town Council of the Town of Los Gatos.

4. The Director of the Office of Emergency Services is hereby directed to report to the Town Council within sixty ( 60) days on the need for further continuing the local emergency.
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Resolution 2020-008 March 17, 2020