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Prohibited container contaminants means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the Town's recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the Town's organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in Town's organic materials container and/or recyclable materials container; and, (iv) excluded waste placed in any container.
Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
Recyclable materials means materials that are intended for the purposes of being reused or recycled. The particular materials eligible to be recycled through the Town’s programs shall be specified from time to time by the Regional agency.
Recyclable materials container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
Regional agency means the West Valley Solid Waste Management Authority.
Regional agency enforcement official means a designated enforcement official from the Regional agency or other Regional or county agency, designated by the Town with responsibility for enforcing the Chapter in conjunction or consultation with Town enforcement official.
Remote monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
Renewable gas means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR Section 18982(a)(62) to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
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Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
Salvage means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse.
SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this Chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
Self-hauler means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper.
Share table has the same meaning as in Section 114079 of the Health and Safety Code.
Single-family means of, from, or pertaining to any residential premises with fewer than five (5) units.
Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and no putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State
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Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
Solid waste materials container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of solid waste.
Source separated means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from solid waste for the purposes of collection and processing.
Source separated organic materials means source separated organic materials that can be placed in an organic materials container that is specifically intended for the separate collection of organic waste.
Source separated recyclable materials means source separated recyclables materials that can be placed in a recyclable materials containers that is specifically intended for the separate collection of recyclable materials.
State means the State of California.
Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
Tier one commercial edible food means a commercial edible food generator that is one (1) of the following, as defined in this Chapter:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.
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Tier two commercial edible food generator means the following:
(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
(2) Hotel with an on-site food facility and two hundred (200) or more rooms. (3) Health facility with an on-site food facility and one hundred (100) or more beds. (4) Large venue.
(5) Large event.
(6) State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet. (7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.
Town means the Town of Los Gatos, California, a political subdivision of the State of California, and its duly authorized representatives.
Town Enforcement Official means the Town manager, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.
Transportation or transport means the act of conveying collected materials from one location to another.
Universal waste means waste defined by 22 CCR subsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.
West Valley Clean Water Authority means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos.
Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other. ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.10.015. Determinations.
Pursuant to Government Code Section 66757, the Town hereby makes the following determinations:
(1) The following aspects of solid waste handling are of local concern: frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.
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(2) The public health, safety and well-being require that discarded materials handling services be provided by a wholly exclusive franchise and C&D debris handling services be provided by an exclusive or non-exclusive C&D debris collection services franchise agreement. The terms of franchise shall be set forth in a franchise agreement approved by resolution of the Town Council or entered into by the Regional agency if the Town’s solid waste program is managed by a joint powers authority. (Code 1968, § 14-2)
Sec. 11.10.020. Collection and disposal of discarded materials and C&D debris by private persons.
(a) No person, except as provided in Section 11.10.015, shall collect or gather or cause to be collected or gathered, discarded materials or C&D debris within the Town, or carry, convey or transport, or cause to be carried, conveyed or transported, discarded materials or C&D debris through any of the streets, alleys or public places of the Town. (b) No person shall collect C&D Debris produced, kept, or accumulated within the Town, unless such person holds a valid and current contract with the Regional agency or is an agent or employee of the Town acting within the course and scope of their employment.
(c) This Section shall not apply to the following:
(1) Persons carrying, conveying or transporting discarded materials or C&D debris owned by them to an authorized disposal site.
(2) Persons collecting or gathering, or carrying, conveying or transporting, discarded materials or C&D debris to be salvaged.
(3) Persons collecting or gathering, or carrying, conveying or transporting, discarded materials or C&D debris to an authorized disposal site upon an irregular or occasional basis.
(4) Gardeners or tree surgeons collecting or gathering, or carrying, conveying or transporting, tree branches, yard trimmings, grass clippings, weeds and leaves from premises where such gardeners or tree surgeons have performed services resulting in such discarded materials, to an authorized disposal site. (d) This Section shall not apply to the following for the collection of discarded materials:
(1) Collection and transport of recyclable materials and organic materials other than edible food that have been source separated from solid waste by the generator and that: (1) generator sells or donates to any other person, provided that there is no net payment made by the generator to such other person; or, (2) have a value equal to or more than the cost of collection.
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(2) Commercial business owner or resident collection and transportation of discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler.
(3) Any items which are source separated at any premises by the generator and sold or donated to other persons, including youth, civic, or charitable organizations. (4) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator. (5) Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party.
(6) Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. (7) Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service that is not provided by the exclusive hauler. (8) Organic materials composted on a residential premises or otherwise legally managed at the site where they are generated or at a community composting site. (9) Animal waste and remains from slaughterhouse or butcher shops, or grease. (10) By-products of sewage treatment, including sludge, sludge ash, grit, and screenings. (11) Excluded materials regardless of their source.
(12) Materials generated by State and County facilities located in the Town, including but not limited to public schools, provided that the facility self-hauls, has arranged services with other persons, or has arranged services with the contractor through a separate agreement.
(Code 1968, § 14-3)
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Sec. 11.10.025. Disposal by Town, compliance with collection services franchise agreement required.
(a) Except as otherwise expressly provided in this Chapter, it shall be unlawful for any person to dispose of discarded materials or C&D debris, except through the service provided by the Town, its agents, servants, or employees, or by persons who shall contract with the Town or the Regional agency to gather and collect and to dispose of such discarded materials or C&D debris.
(b) Any person who collects and disposes of discarded materials in the Town shall do so in compliance with the exclusive franchise agreement approved by resolution of the Town Council or the Regional agency.
(Code 1968, § 14-4)
Sec. 11.10.030. Contracting for collection services
All discarded materials collection services in the Town shall be collected in accordance with the exclusive hauler franchise agreement.
(a) For the collection and transport of C&D debris, an exclusive or non-exclusive contract may be entered into by the Town or Regional agency in accordance with the terms and conditions of this Chapter. The Regional agency may impose a limit on the number of non-exclusive C&D haulers.
(b) Nothing shall prevent a generator from hauling their own C&D debris to a disposal or approved C&D processing facility.
(Code 1968, § 14-5)
Sec. 11.10.035. Discarded materials and C&D debris containers—Required. (a) No person shall deposit, keep or accumulate, or cause to be deposited, kept or accumulated, any discarded materials in or about any lot or parcel of land, or any public or private drive, alley or street, or any house, store, restaurant or other place in the Town, unless the same is enclosed in a container of the type described in this Article. The exclusive hauler for collection of discarded materials is granted by the Town the rights to encroach on the public right of way, including if necessary, bike lanes, for that period during which contains are permitted to be placed by the exclusive hauler’s customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the Regional agency. (b) No person shall deposit, keep or accumulate, or cause to be deposited, kept or accumulated, any C&D debris in or about any lot or parcel of land or private drives,
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unless the same is kept, deposited, or allowed to accumulate in a roll-off containers.
Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector. C&D debris containers shall not be placed on a public rightof-way or private alley. (Code 1968, § 14-6)
Sec. 11.10.040. Collection containers—Size, material, etc. (a) The container for discarded materials required by Section 11.10.035 shall be watertight, equipped with a close fitting cover, and shall meet the specifications as required by an exclusive franchise agreement or non-exclusive franchise agreement. (b) Larger containers, such as roll-off boxes, may be utilized under terms and conditions prescribed in regulations approved in a C&D debris collection services franchise agreement.
(Code 1968, § 14-7)
Sec. 11.10.045. Accumulations of combustible materials prohibited in certain areas; exception.
No person shall keep any combustible materials in any office, commercial, industrial or large multiple housing area (eight (8) units or more) of the Town for a period longer than twenty-four (24) hours, without placing such rubbish in a metal container satisfactory to the Fire Chief.
(Code 1968, § 14-9)
Sec. 11.10.050. Burying, burning prohibited.
No person shall bury in or burn upon any lot, piece or parcel of land, or in or upon any street, way or alley within the Town any discarded materials, C&D debris or excluded waste. (Code 1968, § 14-10)
Sec. 11.10.055. Dumping of discarded materials or C&D debris restricted to authorized disposal site.
No person shall dump any discarded materials or C&D debris upon any lot, piece or parcel of land not owned by such person or upon any public street, way, alley or place within the Town.
(Code 1968, § 14-11)
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Sec. 11.10.060. Leaving of dead animals, etc., on streets, public places, private lands, etc.
No person shall put the carcass of any dead animal or the offal from any dead animal, whether slaughtered or not, or the offal from any slaughterhouse, pen, corral or butcher shop in any creek, pond, street, alley, highway or public grounds; or shall leave the same to decompose or decay upon the person's private land upon the surface of the ground; or shall allow any animal owned by the person which shall have died from any cause to remain upon any street, alley or highway, or upon any public or private grounds, to decay and create an offensive smell; or shall attempt to destroy such animal or offal by fire within the Town. (Code 1968, § 14-12)
Sec. 11.10.070. Hauler and facility operator requirements. (a) Requirements for haulers:
(1) The exclusive hauler providing single-family, multi-family residential dwellings, and commercial recyclable materials, organic waste, and solid waste collection services to generators within the Town's boundaries shall meet the following requirements and standards:
(A) Transport:
(i) Source separated recyclable materials to a facility that recovers recyclable materials;
(ii) Source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and
(iii) Solid waste to a disposal facility; and all facilities shall be approved by the Regional agency through the exclusive hauler's collection agreement with the Regional agency.
(2) The exclusive hauler authorized to collect Source separated materials and solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into by the exclusive hauler and the Regional agency. (3) The C&D hauler providing C&D collection services to generators within the Town’s boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and Regional agency.
(b) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Town or Regional agency request, provide information regarding available and potential new or expanded capacity at their facilities,
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operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Town or Regional agency shall respond within sixty (60) days.
(Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.080. Self-hauler requirements.
(a) Self-haulers shall Source separate all materials in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with Solid Waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. (b) Self-haulers shall haul their Source separated materials to facilities that recover those materials. Alternatively, self-haulers may haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility.
(c) Self-haulers that are owners or property managers of commercial businesses and multifamily residential dwellings shall keep a record of the amount of recyclable materials and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers recyclable materials and/or organic waste. This record shall be subject to Inspection by the Town, its designee, or Regional agency. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste, or solid waste.
(2) The amount of discarded material in cubic yards or tons transported by the generator to each entity.
(3) If the discarded material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic waste, or solid waste. (d) Self-haulers that are owners or property managers of commercial businesses and multifamily self-haulers shall provide information collected in 11.50.45(c) to Town, its designee, or Regional agency, if requested.
(e) A single-family generator that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in 11.50.45(c) and (d). (Ord. No. 2324 , § II, 11-16-21)
SECTION IV. Article III, “Recyclable Materials,” of Chapter 11, “Garbage, Refuse, and Weeds,” of the Town Code is repealed.
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SECTION V. Article V, “Organic Waste,” of Chapter 11, “Garbage, Refuse, and Weeds,” of the Town Code is amended to read as follows:
ARTICLE V. DISCARDED MATERIALS DISPOSAL REDUCTION
Sec. 11.50.015. Single-family requirements.
(a) Owner, occupant, or property manager of single-family premises, except those that that meet the self-hauler requirements in this Chapter shall subscribe to the Regional agency's discarded materials collection services for all recyclable materials, organic materials, and solid waste generated as described below in Section (b). Town, its designee, or Regional agency shall have the right to review the number and size of a recyclable materials containers, organic materials containers, and solid waste containers to evaluate adequacy of capacity, to avoid Overage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of single-family premises shall adjust its service level for its collection services as requested by the Town, its designee, or Regional agency. Owner, occupant, or property manager may additionally manage their discarded materials by preventing or reducing their discarded materials, by managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). (b) Generators shall participate in the Regional agency's discarded materials collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers. (c) Generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container. Generators shall not place materials designated for the solid waste container into the recyclable materials container or organic materials container.
(Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.020. Commercial and multi-family requirements. (a) Commercial businesses and multi-family residential dwellings shall comply with the following requirements:
(1) Subscribe to Regional agency's discarded materials collection services and comply with requirements of those services as described in this Chapter, except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this Chapter. Town, its designee, or Regional agency shall have the right to review the number and size of a commercial business's or multi-family residential dwellings' discarded materials containers and frequency of collection to
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evaluate adequacy of capacity, to avoid Overage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of commercial businesses and multifamily residential dwellings shall adjust their service level for their collection services as requested by the Town, its designee, or Regional agency. If the commercial businesses and multi-family residential dwellings do not increase their service level as requested by the Town, its designee, or Regional agency, the Town, its designee, or Regional agency may require the exclusive hauler to increase their service level and bill the commercial businesses and multi-family residential dwellings for the increased service level required to prevent Overages if included in the hauler’s agreement with the Town or Regional agency
(2) Except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this Chapter, participate in the Regional agency's discarded materials collection service(s) by placing designated materials in designated containers. Commercial and multi-family generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste containers generator shall not place materials designated for the solid waste container into the organic materials container or recyclable materials container.
(3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections b(1)(i) and b(1)(ii) for employees, exclusive haulers, tenants, and customers, consistent with Regional agency's discarded materials collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with this Chapter. (4) Annually provide information to employees, exclusive haulers, tenants, and customers about organic waste recovery requirements and proper sorting of source separated materials.
(5) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated materials and separate from solid waste and the location of containers and the rules governing their use at each property.
(6) Provide or arrange access for Town, its designee, or Regional agency to their properties during all Inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter. (7) Accommodate and cooperate with Town's, its designee's, or Regional agency's remote monitoring program for Inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with this Chapter. The remote monitoring program
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shall involve installation of remote monitoring equipment on or in the discarded materials containers.
(8) At commercial business's or multi-family residential dwelling's option and subject to any approval required from the Town, its designee, or Regional agency, implement a remote monitoring program for Inspection of the contents of its discarded materials containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.
Generators may install remote monitoring devices on or in the discarded materials containers subject to written notification to or approval by the Town, its designee, or Regional agency.
(9) If a commercial business or multi-family residential dwelling wants to self-haul, meet the self-hauler requirements in Sec. 11.50.045 of this Chapter. (b) Commercial businesses shall also comply with the following requirements:
(1) Provide containers for the collection of source separated materials in all indoor and outdoor areas where containers for solid waste are provided for customers, for materials generated by that commercial business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service agreement provided by the Town’s Regional agency, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (ii) Existing containers shall be clearly marked with educational signage indicating the appropriate discarded material types to be placed in each container in accordance with requirements of the Regional agency's collection program.
Commencing January 1, 2022, new containers shall have container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container pursuant 14 CCR Sections 18984.8 and 18984.9.
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(2) To the extent practical through education, training, Inspection, and/or other measures, shall prohibit employees from placing discarded materials in a container not designated for those materials per the Regional agency's separated source and solid waste collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with this Chapter. (3) Periodically inspect separated source and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (4) For commercial businesses that are Tier one or Tier two commercial edible food generators, comply with food recovery requirements in this Chapter. (c) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.025. Waivers for residential and commercial generators. (a) De minimis waivers. The Town or Regional agency may waive a commercial business' or multi-family residential dwellings' obligation to comply with some or all of the source separated material requirements of this Chapter if the commercial business or multi-family residential dwellings provides documentation that it generates below a certain amount of recyclable materials and organic materials as described below. Commercial Businesses or multi-family residential dwellings requesting a de minimis waiver shall:
(1) Submit an application to the Town, Regional agency, or exclusive hauler specifying the services that they are requesting a waiver from and provide documentation as noted below.
(2) Provide documentation that either:
(A) The commercial business' or multi-family residential dwellings' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a recyclable materials container and/or organic materials container comprises less than twenty (20) gallons per week per applicable container of the Commercial business's or multi-family residential dwellings' total waste; or,
(B) The commercial business' or multi-family residential dwellings' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a recyclable materials container and/or organic materials comprises less than ten (10) gallons per week per applicable container of the commercial business's or multi-family residential dwellings' total waste.
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(3) Notify Town or Regional agency if circumstances change such that commercial business's or multi-family residential dwelling's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded. (4) Provide written verification of eligibility for de minimis waiver every five (5) years, or other interval deemed appropriate by the Town or Regional agency for special circumstances, if Town or Regional agency has approved de minimis waiver. (5) Pay any applicable application fee, which may be established by resolution of the Town Council or Regional agency.
(b) Physical space waivers. Town or Regional agency may waive a commercial business's or multi-family residential dwelling's or property owner's obligations to comply with some or all of the Recyclable materials and/or organic waste collection service requirements if the Town has evidence from its own staff, the Regional agency's exclusive hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this Article.
A commercial business or multi-family residential dwelling owner or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic materials containers including documentation from its exclusive hauler, licensed architect, or licensed engineer. (3) Provide written verification to Town or Regional agency that it is still eligible for physical space waiver every five (5) years, or other interval deemed appropriate by the Town or Regional agency for special circumstances, if Town or Regional agency has approved application for a physical space waiver.
(4) Pay any applicable application fee, which may be established by resolution of the Town Council or Regional agency.
(c) The Department of Public Works will review and approve of waivers by Town or Regional agency.
(Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.030. Commercial edible food generators requirements. (a) Tier one commercial edible food generators must comply with the requirements of this Section commencing January 1, 2022, and Tier two commercial edible food generators must comply commencing January 1, 2024 pursuant to 14 CCR Section 18991.3.
ITEM NO. 11.
Ordinance March 19, 2024
(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow the enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those food recovery services or food recovery organizations:
(i) The name, address and contact information of the food recovery service or food recovery organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(d) Tier one commercial edible food generators shall submit food recovery reports, as defined below, to the enforcement entity according to the following schedule:
(1) On or before August 1, 2022, Tier one commercial edible food generators shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022.
ITEM NO. 11.
Ordinance March 19, 2024
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, Tier one commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.
(e) Tier two commercial edible food generators shall submit food recovery reports, as defined below, to the enforcement entity according to the following schedule:
(1) On or before May 1, 2025, and on or before May 1st each year thereafter, Tier two commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.
(f) Food recovery reports submitted by Tier one and Tier two commercial edible food generators shall include the following information:
(1) The name and address of the commercial edible food generator; (2) The name of the person responsible for the commercial edible food generator's edible food recovery program;
(3) A list of all contracted food recovery services or food recovery organizations that collect edible food from the commercial edible food generator; (4) The total number of pounds of edible food, per year, donated through a contracted food recovery organization or food recovery service.
(g) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.035. Requirements for food recovery organizations and services. (a) Food recovery services and food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
ITEM NO. 11.
Ordinance March 19, 2024
(3) The quantity in pounds of edible food transported to each food recovery organization per month.
(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations and food recovery services shall inform Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(c) Food recovery organizations and food recovery services that have their primary address physically located in the Town and contract with or have written agreements with one or more Tier one or Tier two commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall submit food recovery reports, as defined below, to the enforcement entity according to the following schedule:
(1) On or before August 1, 2022, food recovery organizations and food recovery services shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022;
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, food recovery organizations and food recovery services shall submit a food recovery report for the period covering the entire previous calendar year. (d) Food recovery reports submitted by food recovery services or organizations shall include the following information:
(1) Total pounds of edible food recovered in the previous calendar year from Tier one and Tier two edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
(2) Total pounds of edible food recovered in the previous calendar year from the Tier one and Tier two commercial edible food generators they have established a contract or written agreement with within Santa Clara County.
(e) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, Town, its designee, or Regional agency, food recovery services and food recovery organizations operating in the Town shall provide information and consultation to the Town or Regional agency, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the Town and its commercial edible food generators. A food recovery service or food recovery organization contacted by the enforcement entity shall respond to such request for information within sixty (60) days, unless another timeframe is otherwise specified by the Town or Regional agency.
(Ord. No. 2324 , § II, 11-16-21)
ITEM NO. 11.
Ordinance March 19, 2024
Sec. 11.50.055. Non-local entities and local education agency requirements. (a) Non-local entities and local education agencies shall comply with requirements 14 CCR Chapter 12, Article 5 to prevent and reduce the generation of organic waste. (b) Local education agencies with on-site food facility shall comply with food recovery requirements of this Chapter.
(Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.060. Inspections and investigations by Town. (a) The enforcement entity is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for discarded materials collected from generators, or source separated materials to confirm compliance with this Chapter by single-family generators, commercial businesses, multi-family residential dwellings, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, and other entities regulated hereunder subject to applicable laws. This Section does not allow the enforcement entity to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business and multi-family residential dwellings containers for compliance of this Chapter, Town may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses and multi-family residential dwellings shall accommodate and cooperate, if applicable, with the remote monitoring pursuant to this Chapter. (b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the enforcement entity's employee during such Inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 7920 et seq. (d) The enforcement entity shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this Chapter, including receipt of anonymous complaints.
(Ord. No. 2324 , § II, 11-16-21)
ITEM NO. 11.
Ordinance March 19, 2024
Sec. 11.50.065. Enforcement.
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a notice of violation followed by an administrative citation in addition to any other remedies authorized by the Town Code or state law, . The responsible entity for enforcement may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The enforcement entity may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of entity's resources.
(b) Responsible entity for enforcement:
(1) Enforcement pursuant to this Chapter may be undertaken by the Town enforcement official, Regional agency enforcement official, county agency enforcement official, exclusive hauler, or combination thereof, as defined in this Chapter. a. The enforcement entity will interpret this Chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.
b. The enforcement entity's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(c) Process for enforcement:
(1) The enforcement entity will monitor compliance with the Chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). This Chapter establishes Town's right to authorize inspections and investigations. (2) The enforcement entity may issue an official notification to notify regulated entities of its obligations under this Chapter.
(3) For incidences of prohibited container contaminants found in containers, the enforcement entity will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container. If the enforcement entity observes prohibited container contaminants in a generator's containers on more than three (3) consecutive occasion(s), the enforcement entity or exclusive hauler may assess fines or penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under 6.04.290(c)(3), the enforcement entity shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
ITEM NO. 11.
Ordinance March 19, 2024
(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement entity shall issue an administrative citation, pursuant to the Town Code Sections 1.30.010, Administrative Citations. The enforcement entity shall retain the ability to impose fines or penalties in accordance with any other Town Code or state law provisions.
Notices shall be sent to owner at the official address of the owner maintained by the tax collector for the Town or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(d) Penalty amounts. The criminal citation penalty amounts are set forth in Town Code Section
1.10.040. The administrative citation penalty amounts are adopted by resolution of the Town Council.
(e) Compliance deadline extension considerations. The enforcement entity may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(f) Appeals process. Persons receiving a penalty for an uncorrected violation may request an appeal hearing in accordance with Town Code Sections 1.30.035 and following. A hearing will be held consistent with Town's procedures in the Town Code Sections 1.30.040 and following.
(h) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the enforcement entity will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the enforcement entity determines that organic waste generator, self-hauler, hauler, Tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Penalties for non-compliance. If the enforcement entity determines that an organic waste generator, self-hauler, hauler, Tier one or Tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this
ITEM NO. 11.
Ordinance March 19, 2024
Chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this Chapter, as needed. (Ord. No. 2324 , § II, 11-16-21)
SECTION VI. A new Article V, “Construction and Demolition Debris Disposal Reduction,” of Chapter 11, “Garbage, Refuse, and Weeds,” of the Town Code to read as follows:
ARTICLE VI. CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL REDUCTION Sec. 11.60.010. Covered projects.
(a) Persons applying for a permit from the Town for new construction, building renovation, remodel, additions or alterations and demolition projects shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable requirements of the Town. If the requirements of CALGreen, as amended, are more stringent than the requirements of this Section, the CALGreen requirements shall apply.
(b) All projects within the Town, including Town-sponsored projects, shall be subject to the Waste Management Plan requirement of Section 6.12.70.
(c) All new construction and demolition projects within the Town, including Town-sponsored projects, shall comply with this Chapter and shall submit a Waste Management Plan required by Section 11.60.050 prior to the beginning of any construction and demolition activities.
(1) Newly constructed buildings and demolition.
(2) Non-residential renovation, remodel, addition, or alterations to an existing structure within the Town, as determined by the building official. (3) Residential renovation, remodel, addition, or alternations that increase the structure’s conditioned area, volume, or size, as determined by the building official.
Sec. 11.60.020 Requirement to divert Construction and Demolition debris.
This Section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:
(a) 4.408.1 Construction Waste Management Residential (recycling requirements) (b) 5.408.1 Construction Waste Management Non-Residential (recycling requirements) (c) 4.410.2 Recycling by Occupants Residential (recycling enclosure requirements) (d) 5.410.1 Recycling by Occupants Non-Residential (recycling enclosure requirements)
ITEM NO. 11.
Ordinance March 19, 2024
It is required that at least sixty-five (65%) percent of waste tonnage and one hundred (100%) percent of excavated soil from new construction, demolition, or existing construction such as addition, alteration, or repair projects shall be diverted from disposal.
Sec. 11.60.030 - Deconstruction, salvage and recovery.
(a) Contractors are encouraged to make every structure planned for demolition available for deconstruction, salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition.
(b) Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this Chapter.
Sec. 11.60.040 Approved Construction & Demolition Debris processing facilities. (a) The Regional agency is authorized to designate and approve C&D debris processing facilities The Regional agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the Regional agency and shall obtain third party certification for mixed C&D debris processing.
(b) A mixed C&D processing facility is required to obtain third party certification prior to registration with the Regional agency. The Regional agency will apply the standards described in the then-current facility certification program, consistent with the procedures set forth in this Chapter, to determine whether a facility qualifies for approval of registration. Any facility certified under a terminated certification program must reapply and receive certification under the then-current program. (c) C&D debris processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the Regional agency.
Sec. 11.60.050 Reporting.
(a) No later than thirty (30) days following the completion of a Covered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the diversion rate set by California's Green Building Standard Code and referenced in Section 6.120.010 and submit documentation to the Building department that demonstrates compliance with the requirements of this Chapter. (b) The documentation shall be submitted in a form consistent with Town requirements and consist of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies.
(c) Progress reports during construction may be required. (d) All documentation submitted pursuant to this Section is subject to verification by Town.
ITEM NO. 11.
Ordinance March 19, 2024
(e) It is unlawful for any person to submit documentation to Town under this Section that a person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of measurement.
SECTION VII. Article II, “Noise Limits,” of Chapter 16, “Noise,” of the Town Code is amended to read as follows:
ARTICLE II. NOISE LIMITS
Sec. 16.20.010. Curfew noise disturbance.
(a) Except for any professional refuse collection agency acting pursuant to a franchise agreement with the Town or Regional agency, no persons shall between the hours of 10:00 p.m. and 8:00 a.m. make, cause, suffer or permit to be made any noise disturbance which:
(1) Is made within one hundred (100) feet of any building or place regularly used for sleeping purposes; or
(2) Disturbs any person(s) within hearing distance of such noise. (c) No persons shall make, cause, suffer or permit to be made any noise or sounds which:
(1) Are unreasonably disturbing or physically annoying to people of ordinary sensitivity or which are so harsh or prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to a person(s); or
(2) Are not necessary in connection with an activity which is otherwise lawfully conducted.
(Ord. No. 1852, § II(11.30.010), 5-20-91)
Sec. 16.20.055. Motor vehicles.
(a) Motor vehicles. It shall be the policy of the Town to enforce those Sections of the Vehicle Code of the State of California regarding motor vehicle noise emission limits and equipment problems which create noise problems, motor vehicle horns, sound levels emitted from off highway vehicles operating off the public right-of-way, and the successors thereof.
(b) Refuse collection vehicles.
(1) Except as authorized by contract with the Town or Regional agency, no person shall collect refuse with a refuse collection vehicle between the hours of 6:00 p.m. and 6:00 a.m. the following day in a residential area.
ITEM NO. 11.
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Ordinance March 19, 2024
(2) No person authorized to engage in waste disposal service or garbage collection shall operate any truck-mounted waste or garbage loading and/or similar device in any manner so as to create any noise exceeding state or federal standards. (c) Vehicle, motorboat and aircraft repairs and testing. No person shall repair, rebuild, modify or test any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential property plane or at any time to violate the provisions of Article II of this Chapter.
(d) Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle with a Gross Vehicle Weight Rating (GVWR) in excess of ten thousand (10,000) pounds, including refrigeration and/or heating units attached to any vehicle weighing in excess of five thousand (5,000) pounds, or any auxiliary equipment attached to same, for a period of fifteen (15) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, within one hundred fifty (150) feet of a residential area or designated noise sensitive zone, between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
(e) Motorized recreational vehicles operating off public rights-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this Chapter. This paragraph shall apply to all motorized recreational vehicles, whether or not duly licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft, campers and dune buggies, but not including motorboats.
(Ord. No. 1852, § II(11.30.055), 5-20-91)
SECTION VIII. 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 IX. 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).
ITEM NO. 11.
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SECTION X. Publication.
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 XI. Effective Date.
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. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , 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: __________________
ITEM NO. 11.
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/19/2024
DATE: March 14, 2024
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 the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, -031, -030, - 027, -029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3):
Review for Exemption. Zoning Amendment Application Z-24-002. Applicant:
Town of Los Gatos. Project Planner: Sean Mullin.
RECOMMENDATION:
Introduce an Ordinance, titled “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court” (Attachment 1).
BACKGROUND:
Downing Oak Court is located on the west side of Union Avenue approximately 830 feet south of Los Gatos-Almaden Road (Attachment 2, Exhibit 1). 10 properties are located along Downing Oak Court. Four are developed with residential duplexes and six with multi-family residential buildings (four to six units each). The adjoining commercial property to the north is the location of the Downing Oak Shopping Center and is designated Neighborhood Commercial and zoned C-1 (Attachment 2, Exhibits 3 and 4). The adjoining residential properties to the east and west, along Union and Pinehurst Avenues, are developed with residential duplexes, and are designated Medium Density Residential and zoned RD. The adjoining residential properties to the south along Lynn Avenue are developed with single-family residences and are designated Low Density Residential and zoned R-1:8.
ITEM NO. 12.
PAGE 2 OF 6
SUBJECT: Downing Oak Court Rezoning/Z-24-002
DATE: March 14, 2024
BACKGROUND (continued):
The Downing Oak Court properties were under County jurisdiction prior to 1978. The following table summarizes the evolution of the Downing Oak Court properties.
Date Action
March 5, 1962 Record of survey showing the area of the subject properties as a portion of a larger 7.310-acre parcel (Attachment 2, Exhibit 6).
April 21, 1975 Ordinance 1212 adopted by the Town Council prezoning the area of the subject properties as C-1, Neighborhood Commercial (Attachment 2, Exhibit 7).
April 26, 1978 Downing Oak Subdivision recorded with the County, creating the 10 subject properties and the Downing Oak Court right-of-way (Attachment 2, Exhibit 8).
August 21, 1978 Resolution 1978-134 adopted by the Town Council approving annexation, into the Town, of the subject 10 properties and the Downing Oak Court right-of-way (Attachment 2, Exhibit 9).
October 16, 1978 Resolution 1978-167 adopted by the Town Council approving annexation into the Town of the areas surrounding the Downing Oak Subdivision to the north, west, and south (Attachment 2, Exhibit 10).
1978 The “build date” reported by the County Assessor for the 10 buildings on the Downing Oak Court properties.
Based on the summary above, it appears that the subdivision, annexation, and construction of the 10 buildings on Downing Oak Court occurred in close succession and likely with overlapping timelines. Building permits for the structures would have been issued by the County prior to construction when the land was still in the jurisdiction of the County. When the Downing Oak Court properties were annexed into the Town in 1978, the C-1 prezoning was not corrected to reflect the residential duplex and multi-family residential uses. This resulted in the current C-1 zoning that is not consistent with the Medium Density Residential land use designation or the duplex/multi-family uses on the properties.
The General Plan land use designation for the properties is Medium Density Residential, both in the 2040 General Plan Land Use Element, adopted by Town Council on June 30, 2022 (currently suspended pending the results of a referendum), and in the 2020 General Plan Land Use Element that governs during the suspension period.
California Government Code Section 68560 requires that the Town’s Zoning Ordinance be consistent with the adopted General Plan and requires that the Zoning Ordinance be amended in the event that it is not consistent with the General Plan (Attachment 2, Exhibit 11).
Consistent with California Government Code Section 68560, the proposed zone change would
ITEM NO. 12.
PAGE 3 OF 6
SUBJECT: Downing Oak Court Rezoning/Z-24-002
DATE: March 14, 2024
BACKGROUND (continued):
rezone the 10 properties on Downing Oak Court from C-1 (Neighborhood Commercial) to RD (Residential Duplex) to be consistent with the General Plan.
On February 14, 2024, the Planning Commission considered the proposed rezoning and forwarded a recommendation of approval to the Town Council and recommended future consideration of an amendment to the General Plan land use designation to allow high-density residential on the subject properties. The February 14, 2024 Planning Commission Staff Report and verbatim minutes are included as Attachments 2 and 3.
DISCUSSION:
A. Rezone
The proposal would change the zoning of the subject properties from C-1 (Neighborhood Commercial) to RD (Residential Duplex). The C-1 zone is intended for retail, service, and administrative activities which are oriented to the day-to-day needs of the residents of the Town. The C-1 zone does not allow for stand-alone residential uses. The RD zone is intended for low-density, multiple-dwelling areas compatible with single-family dwelling areas. The RD zone provides for the following uses:
Single-family dwelling.
Two-family dwelling.
Family daycare home.
Residential care facility, small family home.
The properties on Downing Oak Court were prezoned C-1 in 1975, prior to the completion of the subdivision, annexation, and multi-family structures in 1978. The existing duplex and multi-family residential development was approved by the County prior to annexation and subdivision. At the time of subdivision with the development already underway, the gross density was 11.6 dwelling units per acre (inclusive of the dedicated rights-of-way), and the net density was 14.7 dwelling units per acre (excluding the dedicated rights-of-way). The existing duplex and multi-family residential development on each of the 10 properties became legal nonconforming upon annexation into the Town with the continuation of the C-1 zoning, which does not allow for residential uses. The gross overall density of the subdivision complies with the Medium Density Residential General Plan land use designation of five to 12 dwelling units per acre, while the net overall density exceeds this range, as do the densities of six of the 10 properties. The following table summarizes the existing development for each property.
ITEM NO. 12.
PAGE 4 OF 6
SUBJECT: Downing Oak Court Rezoning/Z-24-002
DATE: March 14, 2024
DISCUSSION (continued):
Address
Lot Size
(Square Feet)
Lot Size
(Acre)
Dwelling
Units
Density
(du/acre)
15025 10,454 0.24 4 16.7
15039 10,454 0.24 4 16.7
15053 10,454 0.24 4 16.7
15067 10,890 0.25 4 16.0
15081 12,632 0.29 6 20.7
15080 13,068 0.30 6 20.0
15066 9,583 0.22 2 9.1
15054 9,583 0.22 2 9.1
15040 10,019 0.23 2 8.7
15026 9,583 0.22 2 9.1
The properties are surrounded by commercial, low density single-family residential, and medium-density duplex residential uses; no high-density residential uses are adjacent to the properties. The proposed zone change to RD would be consistent with the existing Medium Density Residential land use designation and would not require an amendment to the General Plan. The RD zoning would allow the four properties developed with duplexes to become conforming, while the remaining six would remain legal nonconforming. Town Code Section 29.10.195 allows for nonconforming residential uses to continue interminably.
Additionally, should a nonconforming multi-family building be destroyed (such as by fire), Section 29.10.260 allows the nonconforming multi-family dwelling to be reconstructed on the same foundation, with the same number of units, in substantially the same manner as it existed before its destruction. Therefore, the zone change from C-1 to RD will not result in additional burden on the property owners relative to the nonconforming status of the structures. Conversely, the zone change to RD would clear the way for accessory residential uses, including Accessory Dwelling Units (ADUs), consistent with that zone that are currently not allowed by State law under the commercial zoning.
Rezoning the properties to RD would remove the commercial zoning from the properties developed with residential uses, avoid spot zoning, and bring the Zoning Ordinance in line with the General Plan land use designation consistent with State law.
B. Planning Commission
At its February 14, 2024 meeting, the Planning Commission included an additional recommendation to the Council for future consideration of an amendment to the General Plan land use designation to allow high-density residential uses on the subject properties (Attachment 3). This would be accomplished through a General Plan amendment to change the land use designation of the Downing Oak properties to High Density Residential, which
ITEM NO. 12.
PAGE 5 OF 6
SUBJECT: Downing Oak Court Rezoning/Z-24-002
DATE: March 14, 2024
DISCUSSION (continued):
allows for 12 to 20 dwelling units per acre. If the land use designation were changed to High Density Residential, a subsequent zone change to R-M:12-20 (Multiple-family residential, 12 to 20 dwelling units per net acre) would be required to comply with State law. A future General Plan amendment and associated rezoning would bring five of the six multi-family properties into conformance as it relates to density. One property would exceed the allowable density by 0.7 dwelling units per acre and four properties would not achieve the minimum density of 12 dwelling units per acre.
PUBLIC OUTREACH:
On December 15, 2023, the Town contacted all Downing Oak Court property owners and occupants, as well as those within 300 feet, to inform them that the Town intended to rezone the subject properties and that a stakeholders meeting would be held in January. On January 24, 2024, a stakeholders meeting was held at Union Middle School. Several attendees joined staff to discuss the rezoning and ask questions.
In preparation for the March 19, 2024, Town Council meeting, notice was sent to all Downing Oak Court property owners and occupants, as well as those within 300 feet. Public comments received prior to 11:00 a.m., Thursday, March 14, 2024, are included as Attachment 4.
ENVIRONMENTAL ASSESSMENT:
The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment.
CONCLUSION:
Staff recommends that the Town Council introduce the Draft Ordinance rezoning the properties on Downing Oak Court from C-1 (Neighborhood Commercial) to RD (Residential Duplex) by taking the following steps:
1. Make the finding that the proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment in that it aligns the regulations with the existing land use and no additional development is proposed at this time (Attachment 1); and
2. Make the required finding that the proposed zone change is consistent with the General Plan and its elements in that the proposed zoning is consistent with the existing General Plan land use designation (Attachment 1); and
3. Introduce, by title only, “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for
ITEM NO. 12.
PAGE 6 OF 6
SUBJECT: Downing Oak Court Rezoning/Z-24-002
DATE: March 14, 2024
CONCLUSION (continued):
Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court.”
ALTERNATIVES:
Alternatively, the Town Council could:
1. Introduce the Draft Ordinance with modifications; or
2. Continue this item to a date certain with specific direction to staff; or
3. Refer this item back to the Planning Commission with specific direction; or
4. Take no action, leaving the zoning of the subject properties unchanged.
COORDINATION:
The Community Development Department coordinated with the Town Attorney’s Office in the review of the proposed project.
Attachments:
1. Draft Ordinance for the Zone Change, with Exhibit A
2. February 14, 2024, Planning Commission Staff Report with Exhibits
3. February 14, 2024, Planning Commission Verbatim Minutes
4. Public Comments Received Prior to 11:00 a.m., Thursday, March 14, 2024
ITEM NO. 12.
1 of 2
Ordinance March 19, 2024
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL)
TO RD (RESIDENTIAL DUPLEX) FOR PROPERTIES LOCATED AT
15025, 15026, 15039, 15040, 15053, 15054,
15066, 15067, 15080, AND 15081 DOWNING OAK COURT
ZONING CODE AMENDMENT APPLICATION Z-24-002
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the existing C-1 zoning is inconsistent with the General Plan land use designation for these properties; and
WHEREAS, Government Code Section 65860 requires that zoning be consistent with General Plan land use designations; and
WHEREAS, residential uses are currently located on these properties.
WHEREAS, the Planning Commission at its meeting on February 14, 2024, reviewed the proposed zone change, held a public hearing, and forwarded a recommendation of approval to the Town Council; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on March 19, 2024; and WHEREAS, on March 19, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed zone change, held a public hearing, and voted to introduce the Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
1. The Zoning Map of the Town of Los Gatos is hereby amended to change the zoning of the properties at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court (Santa Clara County Assessor Parcel Numbers 523-41-024, - 033, -025, -032, -026, -031, -030, -027, -029, and -028 respectively) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from C-1 (Neighborhood Commercial) to RD (Residential Duplex).
2. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of March 2024, and adopted by the following vote as an Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1
ITEM NO. 12.
2 of 2
Ordinance March 19, 2024
ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 2024.
3. This ordinance takes effect 30 days after it is adopted.
4. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
5. The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment in that it aligns the regulations with existing land use no additional development is proposed at this time.
6. The proposed zone change is consistent with the General Plan and its elements in that the proposed zoning is consistent with the existing General Plan land use designation.
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: __________________
ITEM NO. 12.
San Jose
San Jose UNION AV
LYNN AV
PINEHURST AV
THOMAS DR
DOWNING OAK CT
HOWES CT
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From:
To:
Z-24-002
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:
Mayor
Date: February 14, 2024
Ord:
§ C-1
RD
A.P.N. # 523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028 Address: 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court
EXHIBIT A Page 284
ITEM NO. 12.
This Page
Intentionally
Left Blank
ITEM NO. 12.
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 02/14/2024
ITEM NO: 2
DATE: February 9, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider and Forward a Recommendation Regarding a Zone Change from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court. APNs 523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028. Exempt Pursuant to CEQA Guidelines 15061(b)(3): Review for Exemption. Zoning Code Amendment Application Z-24-002. APPLICANT: Town of Los Gatos. PROJECT PLANNER: Sean Mullin.
RECOMMENDATION:
Consider the existing and proposed zoning and forward a recommendation for approval of the zone change to the Town Council.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: C-1 (Neighborhood Commercial)
Applicable Plans & Standards: General Plan
Parcel Sizes: 9,583 to 13,068 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Neighborhood Commercial C-1
South Residential Low Density Residential R-1:8
East Residential Medium Density Residential R-1:8 and RD West Residential Medium Density Residential RD
ATTACHMENT 2
ITEM NO. 12.
PAGE 2 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
CEQA:
The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment.
FINDINGS:
▪ The proposed zone change is Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that the zone change will not impact the physical environment in that it aligns the regulations with the existing land use and no additional development is proposed at this time; and
▪ That the proposed zone change is consistent with the General Plan and its elements in that the proposed zoning is consistent with the existing General Plan land use designation.
BACKGROUND:
Downing Oak Court is located on the west side of Union Avenue approximately 830 feet south of Los Gatos-Almaden Road (Exhibit 1). 10 properties are located along Downing Oak Court and are developed with four residential duplexes and six multi-family residential buildings (four to six units each). The adjoining commercial property to the north is the location of the Downing Oak Shopping Center and is designated Neighborhood Commercial and zoned C-1 (Exhibits 3 and 4). The adjoining residential properties to the east and west, along Union and Pinehurst Avenues, are developed with residential duplexes, and are designated Medium Density Residential and zoned RD. The adjoining residential properties to the south along Lynn Avenue are developed with single-family residences and are designated Low Density Residential and zoned R-1:8.
The land that is the Downing Oak Court properties was in the County prior to 1978. The following table summarizes the evolution of the land that is now the Downing Oak Court properties.
ITEM NO. 12.
PAGE 3 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
BACKGROUND (continued):
Date Action
March 5, 1962 Record of survey showing the area of the subject properties as a portion of a larger 7.310-acre parcel (Exhibit 6).
April 21, 1975 Ordinance 1212 adopted by the Town Council prezoning the area of the subject properties as C-1, Neighborhood Commercial (Exhibit 7).
April 26, 1978 Downing Oak Subdivision recorded with the County, creating the 10 subject properties and the Downing Oak Court right-of-way (Exhibit 8).
August 21, 1978 Resolution 1978-134 adopted by the Town Council approving annexation into the Town of the subject 10 properties and the Downing Oak Court right-of-way (Exhibit 9).
October 16, 1978 Resolution 1978-167 adopted by the Town Council approving annexation into the Town of the areas surrounding the Downing Oak Subdivision to the north, west, and south (Exhibit 10).
1978 The “build date” reported by the County Assessor for the 10 buildings on the Downing Oak Court properties.
Based on the summary above, it appears that the subdivision, annexation, and construction of the 10 buildings on Downing Oak Court occurred in close succession and likely with overlapping timelines. Building permits for the structures would have been issued by the County prior to construction when the land was still in the jurisdiction of the County. When the Downing Oak Court properties were annexed into the Town in 1978, the C-1 prezoning was not corrected to reflect the residential duplex and multi-family residential uses. This resulted in the current C-1 zoning that is not consistent with the Medium Density Residential land use designation or the duplex/multi-family uses on the properties.
The General Plan land use designation for the properties is Medium Density Residential, both in the 2040 General Plan Land Use Element, adopted by Town Council on June 30, 2022 (currently suspended pending the results of a referendum), and in the 2020 General Plan Land Use Element that governs during the suspension period.
California Government Code Section 68560 requires that the Town’s zoning ordinance be consistent with the adopted General Plan and requires that the zoning ordinance be amended in the event that it is not consistent with the General Plan (Exhibit 11). Consistent with California Government Code Section 68560, the proposed zone change would rezone the 10 properties on Downing Oak Court from C-1 (Neighborhood Commercial) to RD (Residential Duplex) to be consistent with the General Plan.
ITEM NO. 12.
PAGE 4 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
DISCUSSION:
The proposal would change the zoning of the subject properties from C-1 (Neighborhood Commercial) to RD (Residential Duplex). The C-1 zone is intended for retail, service, and administrative activities which are oriented to the day-to-day needs of the residents of the Town. The C-1 zone does not allow for residential uses. The RD zone is intended for lowdensity, multiple-dwelling areas compatible with single-family dwelling areas. The RD zone provides for the following uses:
• Single-family dwelling.
• Two-family dwelling
• Family daycare home.
• Residential care facility, small family home.
The properties on Downing Oak Court were prezoned C-1 in 1975, prior to the completion of the subdivision, annexation, and multi-family structures in 1978. The existing duplex and multifamily residential development was approved by the County prior to annexation and subdivision. At the time of subdivision with the development already underway, the gross density was 11.6 dwelling units per acre (inclusive of the dedicated rights-of-way), and the net density was 14.7 dwelling units per acre (excluding the dedicated rights-of-way). The existing duplex and multi-family residential development on each of the 10 properties became legal nonconforming upon annexation into the Town with the continuation of the C-1 zoning, which does not allow for residential uses. The gross density of the subdivision complies with the Medium Density Residential General Plan designation of five to 12 dwelling units per acre, while the net density exceeds this range, as do the densities of six of the 10 properties. The following table summarizes the existing development for each property.
Address
Lot Size
(Square Feet)
Lot Size
(Acre)
Dwelling
Units
Density
(du/acre)
15025 10,454 0.24 4 16.7
15039 10,454 0.24 4 16.7
15053 10,454 0.24 4 16.7
15067 10,890 0.25 4 16.0
15081 12,632 0.29 6 20.7
15080 13,068 0.30 6 20.0
15066 9,583 0.22 2 9.1
15054 9,583 0.22 2 9.1
15040 10,019 0.23 2 8.7
15026 9,583 0.22 2 9.1
ITEM NO. 12.
PAGE 5 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
DISCUSSION (continued):
The properties are surrounded by commercial, low density single-family residential, and medium density duplex residential uses; no high-density uses are adjacent to the properties.
The proposed zone change to RD would be consistent with the existing Medium Density Residential land use designation and would not require an amendment to the General Plan.
The RD zoning would allow the four properties developed with duplexes to become conforming, while the remaining six would remain legal nonconforming. Town Code Section
29.10.195 allows for nonconforming residential uses to continue interminably. Additionally, should a nonconforming multi-family building be destroyed, Section 29.10.260 allows the nonconforming multi-family dwelling to be reconstructed on the same foundation, with the same number of units, in substantially the same manner as it existed before its destruction.
Therefore, the zone change from C-1 to RD will not result in additional burden on the property owners relative to the nonconforming status of the structures. Conversely, the zone change to RD would clear the way for accessory residential uses, including Accessory Dwelling Units (ADUs), consistent with that zone that are currently not allowed by State law under the commercial zoning.
Rezoning the properties to RD would remove the commercial zoning from the properties developed with residential uses, avoid spot zoning, and bring the zoning ordinance in line with the land use designation consistent with State law.
ENVIRONMENTAL ANALYSIS:
The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment.
PUBLIC COMMENTS:
On December 15, 2023, the Town contacted all Downing Oak Court property owners and occupants, as well as those within 300 feet, to inform them that the Town intended to rezone the subject properties and that a stakeholders meeting would be held in January. On January 24, 2024, a stakeholders meeting was held at Union Middle School. Several attendees joined staff to discuss the rezoning and ask questions.
In preparation for the February 14, 2024 Planning Commission meeting, notice was sent to all Downing Oak Court property owners and occupants, as well as those within 300 feet. At the time of this report’s preparation, the Town has not received any public comment.
ITEM NO. 12.
PAGE 6 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
CONCLUSION:
A. Summary
The proposal would change the zoning of the subject properties located on Downing Oak Court from C-1 (Neighborhood Commercial) to RD (Residential Duplex). The proposed zone change would be consistent with the Medium Density Residential land use designation in the General Plan and the existing adjacent pattern of land uses and zones. The proposed zone change would remove the commercial zoning from the properties developed with residential uses, avoid spot zoning, and bring the zoning ordinance in line with the land use designation as consistent with State law.
B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the existing and proposed zoning and forward a recommendation for approval of the zone change to the Town Council. If the Planning Commission finds merit with the proposed amendments, it should:
1. Make the finding that the proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment in that it aligns the regulations with the existing land use and no additional development is proposed at this time (Exhibit 2); and
2. Make the required finding that the proposed zone change is consistent with the General Plan and its elements in that the proposed zoning is consistent with the existing General Plan land use designation (Exhibit 2); and
3. Forward a recommendation of approval of Zone Change Application Z-24-002 to the Town Council.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction;
2. Provide a recommendation for denial to the Town Council providing findings for denial.
ITEM NO. 12.
PAGE 7 OF 7
SUBJECT: Downing Oak Court/Z-24-002
DATE: February 9, 2024
EXHIBITS:
1. Location Map
2. Draft Ordinance for the Zone Change, with Exhibit A
3. Existing General Plan Land Use Designation Map
4. Existing Zoning Map
5. Proposed Zoning Map
6. Record of Survey (143M33), dated March 5, 1962
7. Ordinance 1212 - Prezoning of Lands including future Downing Oak Ct, dated April 21, 1975
8. Downing Oak Subdivision (417M19 Tract 6214), recorded April 26, 1978
9. Resolution 1978-134 - Annexation Downing Oak Court, adopted August 21, 1978
10. Resolution 1978-167 - Annexation of Areas Surrounding Downing Oak Court, adopted October 16, 1978
11. California Government Code Section 68560
ITEM NO. 12.
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ITEM NO. 12.
LYNN AV
PINEHURST AV
UNION AV
THOMAS DR
DOWNING OAK CT
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
0 0.125 0.25
Miles
°
EXHIBIT 1
ITEM NO. 12.
This Page
Intentionally
Left Blank
ITEM NO. 12.
1 of 2
Ordinance Council Meeting Date
EXHIBIT 2
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL)
TO RD (RESIDENTIAL DUPLEX) FOR PROPERTIES LOCATED AT
15025, 15026, 15039, 15040, 15053, 15054,
15066, 15067, 15080, AND 15081 DOWNING OAK COURT
WHEREAS, the existing C-1 zoning is inconsistent with the General Plan land use designation for these properties; and
WHEREAS, Government Code Section 65860 requires that zoning be consistent with General Plan land use designations; and
WHEREAS, residential uses are currently located on these properties;
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DO HEREBY ORDAIN AS FOLLOWS:
1. The Zoning Map in the Town Code of the Town of Los Gatos is hereby amended to change the zoning of the properties at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court (Santa Clara County Assessor Parcel Numbers 523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028 respectively) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from C-1 (Neighborhood Commercial) to RD (Residential Duplex).
2. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 2024, 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 ____ day of _____ 2024.
3. This ordinance takes effect 30 days after it is adopted.
4. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
5. The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment in that it aligns the regulations with existing land use no additional development is proposed at this time
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ITEM NO. 12.
2 of 2
Ordinance Council Meeting Date
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: __________________
ITEM NO. 12.
San Jose
San Jose UNION AV
LYNN AV
PINEHURST AV
THOMAS DR
DOWNING OAK CT
HOWES CT
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From:
To:
Z-24-002
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:
Mayor
Date:
Ord:
§ C-1
RD
A.P.N. # 523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028 Address: 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court
EXHIBIT A Page 298
ITEM NO. 12.
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Left Blank
ITEM NO. 12.
Neighborhood
Commercial
Medium
Density
Residential
Medium Density
Residential
Low Density Residential
Office
Professional
Medium
Density
Residential
UNION AV
LYNN AV
DOWNING OAK CT
Downing Oak Court
Existing General Plan Designation
(No Changes Proposed) 15025
APN: 523-41-024
15039
APN: 523-41-025
15053
APN: 523-41-026
15067
APN: 523-41-027
15081
APN: 523-41-028
15026
APN: 523-41-033
15040
APN: 523-41-032
15054
APN: 523-41-031
15066
APN: 523-41-030
15080
APN: 523-41-029
General Plan Designation Legend
Low Density Residential
Medium Density Residential
Neighborhood Commercial
Office Professional EXHIBIT 3
ITEM NO. 12.
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ITEM NO. 12.
C-1
C-1
R-1:8
C-1
RD RD
O
UNION AV
LYNN AV
DOWNING OAK CT
Downing Oak Court
Current Zoning
15025
APN: 523-41-024
15039
APN: 523-41-025
15053
APN: 523-41-026
15067
APN: 523-41-027
15081
APN: 523-41-028
15026
APN: 523-41-033
15040
APN: 523-41-032
15054
APN: 523-41-031
15066
APN: 523-41-030
15080
APN: 523-41-029
Zoning Legend
R-1:8 - Single Family Residential
RD - Residential Duplex
C-1 - Neighborhood Commercial
O - Office
EXHIBIT 4 Page 302
ITEM NO. 12.
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Left Blank
ITEM NO. 12.
C-1
RD
R-1:8
C-1
RD RD
O
UNION AV
LYNN AV
DOWNING OAK CT
Downing Oak Court
Proposed Zoning
15025
APN: 523-41-024
15039
APN: 523-41-025
15053
APN: 523-41-026
15067
APN: 523-41-027
15081
APN: 523-41-028
15026
APN: 523-41-033
15040
APN: 523-41-032
15054
APN: 523-41-031
15066
APN: 523-41-030
15080
APN: 523-41-029
Zoning Legend
R-1:8 - Single Family Residential
RD - Residential Duplex
C-1 - Neighborhood Commercial
O - Office
EXHIBIT 5
ITEM NO. 12.
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ITEM NO. 12.
EXHIBIT 6
ITEM NO. 12.
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ITEM NO. 12.
ORDINANCE NO,
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
THE ZONING ORDINANCE EFFECTING ZONE CHANGE
NO, 108 PREZONING TO R- 1.8, 000 RD. 00O, 8
R- M; 12, " 3°0 ", AND C-1.
The Town Council of the Town of Los Gatos does ordain as follows.
SECTION 1,
The Zoning Ordinance of the Town of Los Gatos is hereby amended to prezone the property shown on the map which is attached hereto and is a part of this Ordinance to 000, RT1:8RDt8,000, R- M:5 -122 I'k, O' and C-1,
SECTION 2,
The Town Clerk shall attest to the adoption of this Ordinance.
This Ordinance shall be published once in the Los Gatos Times Saratoga Observer, a newspaper of general circulation, printed and published in the Town of Los Gatos within fifteen (15) days of its final passage and this Ordinance shall take effect thirty 30) days following %ts Final passage.
The above and foregoing Ordinance was duly and regularly introduced at a meeting of the Town Council of the Town of Los Gatos held on the 7th day of Apr 1975,
EXHIBIT 7
ITEM NO. 12.
PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos, California, at aregular meeting of the Town Council held on the day of , 1975, by the following vote-,
AYES; COUNCILMEN Ruth Cannon
Mark B. DiDuca
John B. Lochner
Albert B. Smith
Egon Jensen
NOES: COUNCILMEN None
ABSENT; COUNCILMEN None
SIGNED; MAY THE WN OF LOS GATUS
ATTEST:
CLERK 0 fitIrE OWN 6A S
u '
2-
ITEM NO. 12.
L-as GqATas - ALM - 1 .
0. A TUC- OHAT/ MO, 7--
WAY
tr a r
TOWN OF LOS G &rrOS
Zone Change P'Zomtf to rco.B, gm -51z, o W c -/ .
Change of zoning map Amending ordinance 967
Town Zoning Ordinance
Approved By Planning Commission date 3- z6 -75
Approved By Town Council date 4 ° 21-75 Ord. ) 1212
Town Clerk f May f
ITEM NO. 12.
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ITEM NO. 12.
ITEM NO. 12.
ITEM NO. 12.
RESOLUTION N0, 1978 - 134
A RESOLUTION APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY DESIGNATED
AS UNION AVENUE NO. 2 TO THE TOWN OF
LOS GATOS
WHEREAS, on September 7, 1977, the Local Agency Formation Commission of the County of Santa Clara, State of California, pursuant to an application signed by al_i. of the owners of land within the territory to be annexed, approved the annexation of that hereinafter described area, designated as Union Avenue No. 2, to the Town of Los Gatos and authorized the .Town Council of the Town of Los Gatos to annex said territory in the manner described in Section 54797. 1 of the Government Code of the State of California; and WHEREAS, a petition signed by the owners of all of the land in that area, hereinafter described and designated as Union Avenue No. 2 was filed with the Town Clerk of the Town of Los Gatos on September 8 1977 said area is situated in the unincorporated area of the County of Santa Clara, is contiguous with the municipal boundaries of the Town of Los Gatos, and at the time of the filing of said petition for annexation less than twelve 12) persons who had been registered to vote within said territory for at least fifty -four ( 54) days resided within the territory; NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the Town Council of the Town of Los Gatos, a municipal'_ corporation of the County of Santa Clara, State of California, that pursuant to the provisions of Section 54797. 1 and Article 5, Chapter 1, Part 2, Title 3, of the Government Code of the State of California, the annexation to the Town of Los Gatos of that territory designated as Union Avenue No. 2 and more particularly described in that real property description and map of said territory 1-
EXHIBIT 9
ITEM NO. 12.
which are attached hereto, marked Exhibits " A9l
and " B", respectively,
and incorporated herein the same as if set forth at length herein, is and the same is hereby approved, and that the same be annexed to the Town of Los Gatos.
BE IT FURTHER RESOLVED that upon completion of these annexation proceedings the territory annexed will be taxed in Town of Los Gatos Tax Rate A. including taxes for existing bonded indebtedness.
BE IT FURTHER RESOLVED that the Town Clerk is authorized and is hereby directed to prepare under seal a certified copy of this resolution, giving the date of passage, and transmit same to the Secretary of State of the State of California.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the
Iollowing vote:
21st day of August , 19785 by the
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John. B.
Lochner, Peter W. Siemens and Mardi Guaitieri
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
ATTEST:
2 CLERK C yTNE/ TOWN - OF LOS GATOS
2- Page 315
ITEM NO. 12.
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line of l a_ t. No. 874 as said ' ra.ct is ';: Jwfl on tha'::
Record of : l! r° e _` ecoc Red in look -' 4 of IYIap s, 1' ae 40, Santa ' lava County '-, cords, : enc 1onc id : norther. iy line of Tract No. 874 North 891431 West 428. 82 feet to tl' e intersection trier'eof With the Easterly line of ;")„ ant No. 4. 839, as last said' . Tract; is sho,.an on that G S,. r.', y
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ITEM NO. 12.
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ITEM NO. 12.
RESOLUTION NO. 1978 - 167
RESOLUTION OF APPLICATION PROPOSING CHANGE
OF ORGANIZATION -- TOWN OF LOS GATOS
ANNEXATION UNION AVENUE NO. 3
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES:
a) This resolution is a proposal made pursuant to the Municipal Organization Act of 1977 ( Stats. 1977, c. 1253, Gov. C. Sect. 35000, et sec.). b) The proposal is for a change of organization, annexation of the territory known as Union Avenue No. 3 to the Town of Los Gatos.
c) A metes and bounds description and a map of the territory proposed to be annexed are attached to this resolution, marked Exhibits " A" and " B ", respectively. d) The reason for the proposed annexation is that the territory:
1) Is 17. 9 acres in area,
2) Is surrounded by the Town of Los Gatos and the City of San Jose, and includes the entire area surrounded,
3) Is substantially developed or developing,
4) Is not prime agricultural land as defined by Government Code Section 35046, and
5) Is both receiving benefits from the Town of Los Gatos and will receive benefit from the annexation.
e) The property has been prezoned by the Town of Los Gatos, the provisions of the California Environmental Quality Act have been complied with, and the proposed annexation is categorically exempt from the requirement for an environmental impact report under the provisions of Title 14, California Administrative Code, Section 15119.
f) Santa Clara County Local Agency Formation Commission and the Board of Supervisors of Santa Clara County are requested to conduct proceedings for annexation of the territory to the Town of Los Gatos.
EXHIBIT 10
ITEM NO. 12.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 16th day of October 1978,
by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Peter W. Siemens and John B. Lochner
NOES
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS None
COUNCIL MEMBERS None
COUNCIL MEMBERS Mardi Gualtieri
SIGNED:
CLERK 0 HE T OF LOS GATOS
2-
ITEM NO. 12.
EXHIBIT " A"
TOWN OF LOS GATOS
UNION AVENUE NO. 3 ANNEXATION
DESCRIPTION
All that real property situate in the County of Santa Clara, State of California, described as follows:
Beginning at the Northwesterly corner of Blossom Hill No. 1 annexation to the Town of Los Gatos, said corner also being on the Easterly line of Union No. 4 annexation to the City of San Jose; thence along the Northerly line of said Blossom Hill No. 1 annexation Easterly 980 feet more or less to the intersection thereof with the Westerly line of Union No. 1 annexation to the Town of Los Gatos; thence along last said line North 0'' 1113011 East 31S feet to the Southeasterly corner of Union No. 2 annexation to the Town of Los Gatos; thence along the perimeter of last said annexation the following courses and distances:
North 890431 West 428. 82 feet; thence
North 0 0191 West 316 feet; thence
South 89 ° 431 East 428. 82 feet to the
intersection thereof with said Westerly line of Union No. 1 annexation; thence along last said line North 0 ° 1113011 244 feet more or less to the Southeast corner of Pinehurst No. 1 annexation to the Town of Los Gatos; thence along the boundary of last said annexation the following courses and distances:
South 89 1451 West 25. 00 feet; thence
North 0 0191 West 370. 05 feet; thence
on a curve to the left having a radius of 42. 00 feet through an arc of 89 0501 and a length of 65. 93 feet; thence
North 89 1451 West 555. 05 feet; thence
South 0
0191 East 390. 00 feet; thence
Norte 89 0451 West 114. 82 feet to the
intersection thereof with the Easterly line of Union No. 10 annexation to the City of San Jose; thence along last said line Southerly 730 feec more or less to the Southeasterly corner of last said annexation; thence along the Southerly line of last said annexation Westerly 240 feet more or less to the intersection thereof with the Easterly line of Union Ile. 2 annexation to the City of San Jose; thence along last said line Southerly 15 feet more or less to the Northeasterly corner of said Union No. 4 annexation to the City of San Jose; thence alonq the Easterly line of last said annexation Southerly 170 feet more or less _ o the point of beginning.
Containing 17. 9 acres more or less.
ITEM NO. 12.
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ITEM NO. 12.
State of California
GOVERNMENT CODE
Section 65860
65860. (a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with a city or county general plan only if both of the following conditions are met:
(1) The city or county has officially adopted such a plan. (2) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. (b) Any resident or property owner within a city or a county, as the case may be, may bring an action or proceeding in the superior court to enforce compliance with subdivision (a). Any such action or proceeding shall be governed by Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
No action or proceeding shall be maintained pursuant to this section by any person unless the action or proceeding is commenced and service is made on the legislative body within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance.
(c) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.
(d) Notwithstanding Section 65803, this section shall also apply to a charter city. (Amended by Stats. 2018, Ch. 856, Sec. 6. (SB 1333) Effective January 1, 2019.) EXHIBIT 11
ITEM NO. 12.
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ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Steve Raspe, Chair
Emily Thomas, Vice Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Adam Mayer
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 3
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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P R O C E E D I N G S:
CHAIR RASPE: Let’s move now to the public hearing
portion of our calendar. We have two items tonight. The first is consideration and forwarding a recommendation
regarding a zone change from C-1, that is Neighborhood
Commercial, to RD, Residential Duplex, for properties
located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court, with respective APNs as 523-41-024, -033, -025, -032, -026, -031, -030, - 027, -029, and -028.
Before I ask for a staff report, have
Commissioners had a chance to visit the site? Can I see by a show of hands? Thank you so much. Are there any
disclosures regarding the matter from Commissioners? Seeing none, do we have a report from Staff? Mr. Mullin is not present this evening?
JENNIFER ARMER: Unfortunately Mr. Mullin is not
available tonight, but I will give you a brief Staff
Report.
Good evening Chair, Vice Chair, and
Commissioners. The item in front of you is consideration of
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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a Town-initiated rezoning of properties on Downing Oak
Court from Neighborhood Commercial zone C-1 to Residential Duplex zone RD. This zone change resolves an inconsistency with the General Plan designation for those properties that resulted from the annexation in 1978. It would result in residential zoning for properties that are already
developed with residential uses, and would allow for new ADUs on those lots that would not be allowed under the
existing commercial zoning.
Staff recommends the Planning Commission consider
the existing and proposed zoning and forward a
recommendation for approval of the zone change to Town
Council as laid out in the draft ordinance in Exhibit 2.
This concludes Staff’s presentation, but I’d be
happy to answer any questions.
CHAIR RASPE: Thank you so much for that
presentation. Commissioners, any questions for Staff on this report? Commissioner Hanssen.
COMMISSIONER HANSSEN: I just had a conceptual
question, which is this is something we talk about when we do the General Plan, that we’re going align the zoning with the General Plan designations. Is this a systematic
aligning of the zoning where there are inconsistencies, or
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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is there some specific reason that these properties are in front of us?
JENNIFER ARMER: Thank you for that question. The
discussion and consideration of this one was triggered
because one of the property owners was looking to do a
renovation of the existing residential structure, which included an Accessory Dwelling Unit, and the current
regulations from the State do not allow us to permit an ADU in a commercial zone, and so this was identified. As well, as stated in the Staff Report, there is actually State case law that states that we are responsible for making this change once we do identify it.
But to follow up on the core of your question,
there is a plan once we go through this, kind of as a test case, to then systematically look to find those
inconsistencies throughout Town and batch them and bring them through for consideration.
CHAIR RASPE: Commissioners, any other questions
for Staff on the report? Seeing none, and seeing no members of the public in tonight’s audience, Mr. Paulson, are there any members on Zoom who wish to be heard on this matter? JOEL PAULSON: Thank you, we do have one hand
raised.
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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CHAIR RASPE: Thank you. Participant on Zoom, if
you could State your name for the record please, and you have three minutes.
LEE QUINTANA: Lee Quintana.
CHAIR RASPE: Thank you so much.
LEE QUINTANA: I need to say that I’m a past
member of the General Plan Committee, I’m a past member of the General Plan Advisory Committee for the 2040 General Plan, and I’m a current member of the Historic Preservation Committee.
My comment is I think part of it was brought up
that this was a question of inconsistencies between the General Plan and the Zoning Code brought up during the
General Plan Update process, and only one was recommended to be included, one that was asked for by the owner of the property, so I was curious. You’ve answered why now this one thing was brought up, and you’ve also answered the
question of whether the Town is going to systematically go through and update all the other inconsistencies that there within the Town, and there are numerous ones.
That’s just my comment, because I wanted to know
that that was going to happen, and of course I support
making the zoning consistent. Thank you.
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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CHAIR RASPE: Thank you, and before you leave,
any Commissioners have comments or questions for this
member of the public? Seeing none, thank you.
I will now close the public portion of the
comments and then invite comments, questions, discussions, and/or motions by our Commissioners. Commissioner Mayer.
COMMISSIONER MAYER: I just want to have a
discussion about this zoning. On the surface it looks like we’re doing a downzoning. Really not, but that’s what it feels like. I know one property owner was asking about
adding an ADU and currently the zoning doesn’t allow them to do that, so I understand the intent of what we’re trying to do here.
And do I understand that if one of the future
nonconforming properties is demolished it can be rebuilt with the same number of units that currently exist, but within the same footprint? To me, that seems a little bit of overkill or a bit heavy handed. Maybe you can clarify.
JENNIFER ARMER: Thank you for that question. I
can clarify. One of the existing structures was burnt down, it was not as if they chose to tear it down, but if it did come down, say, in a fire or an earthquake, they would be allowed to rebuild that nonconforming structure; whereas if
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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someone did choose to come and redevelop one of the sites the new redevelopment would be required to comply with the rules in place at that time.
COMMISSIONER MAYER: I guess the follow up
question is have any of the other property owners,
especially the owners of the ones with more units like the four-plexes and the six-unit properties, raise any
objections to this? It sounds like this issue was brought to light by one of the property owners. I’m just curious how the conversation was with the other property owners.
JENNIFER ARMER: Thank you for that question. We
have not received any concerns or questions from the other property owners.
JOEL PAULSON: Through the Chair, the current
situation is the same, so under the C-1 it’s the same
rules; if it was burnt down or an earthquake, they’d be allowed to rebuild, but not expand, and so that’s not
changing.
COMMISSIONER MAYER: But if one of the owners of,
for instance, one of the six-unit properties, wanted to tear down the existing structure, they wouldn’t be allowed to build six units new?
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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JENNIFER ARMER: Thank you for that question. No,
they would not. In fact, they would not be allowed to do that in the C-1 zone either. They would be required to go through a rezoning or General Plan amendment, because right now with it inconsistent we wouldn’t be able to approve a redevelopment of the lot, because you couldn’t say it was consistent with zoning and the General Plan when they are inconsistent with each other.
In addition, under the C-1 zone residential is
only allowed as part of a mixed-use development, which at this point based on the General Plan designation and the existing development of those parcels, commercial really isn’t appropriate on that cul-de-sac.
COMMISSIONER MAYER: Thank you for that. I
understand the inconsistencies and we’re trying to fix that here, I’m just thinking about a scenario where a property owner of maybe one of the four-unit buildings realizes that if they tear this down they can only do a duplex. I don’t want there to be a situation where property owners are
blindsided.
I understand this is a situation where these
properties are grandfathered in from the annex portion of
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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the County. I understand what the Town is trying to do, but I’m a little bit uncomfortable with that personally.
JENNIFER ARMER: If I could, just one follow up
and clarification. The fact that this doesn’t fix the
nonconforming for all of the parcels, at the same time it doesn’t make them worse. All of them are nonconforming now.
It now makes it so that four of them are conforming and the others at least are the appropriate use, even if they are a greater density.
CHAIR RASPE: By clarification, my understanding
is to do more would require a General Plan amendment, is that correct?
JENNIFER ARMER: Correct. Yes, this is the
simplest way to improve the situation. There of course will be opportunities; if the Town chooses to change the General Plan designation at some point in the future that could be considered.
CHAIR RASPE: Thank you. Commissioner Mayer, does
that answer your questions?
COMMISSIONER MAYER: For now, yes.
CHAIR RASPE: Vice Chair Thomas.
VICE CHAIR THOMAS: Thank you for your comments,
Commissioner Mayer. At our prep meeting yesterday with
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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Staff this was also brought up, because it seems like we’re trying to provide opportunities at least for replacement of housing; we wouldn’t want any of these to be torn down and a single house built.
But Ms. Armer did point out that we would require
a General Plan amendment, and so this was just the easiest and quickest way to get this conforming, and then in the future if redevelopment is happening, that’s what we will have to do, but I do think it’s something that’s important to bring up, because we want to make sure the density
doesn’t change.
CHAIR RASPE: All right, thank you. Commissioner
Janoff, I saw your hand earlier?
COMMISSIONER JANOFF: Thank you; my question was
answered. But I did want to clarify that I think I
understand what Commissioner Mayer is getting at, and
Commissioner Thomas I think clarified further, that as
Planning Commissioners we want to make sure that we don’t downsize the ability to create higher density parcels, so I think apart from the motion that would provide for the
zoning change that is being requested tonight it would be appropriate for the Planning Commission to also recommend that this particular neighborhood group of parcels be
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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considered for a General Plan amendment in order to allow for an increased density.
I’m not sure whether there’s a parking lot or a
bucket list or anything along those lines that Staff is keeping as we come upon these properties that really, in light of what we’re trying to achieve in the Housing
Element, would take us a little bit farther if we changed the density, so it would be my suggestion that we recommend that that be taken another look at farther down the line.
COMMISSIONER HANSSEN: I had a follow up question
on that same issue. If it were General Plan High-Density Residential, would those lots be conforming?
JENNIFER ARMER: I’d have to look back at the
density. We did calculate the density for each of the
individual lots as well as for the area as a whole, and one of the things that I do want to point out is that right now is if you calculated the density based on the original lot size without taking out the cul-de-sac, it actually is
consistent with the density for the Medium-Density
Residential designation. If you’re looking at it without including the public street, which is our current policy, then it becomes more dense, and so that would bump it into the High-Density range, I believe.
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
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COMMISSIONER HANSSEN: But that would be enough?
It would be beyond High-Density Residential? I wouldn’t think with that few units that that would be the case.
JENNIFER ARMER: Yes. If you take a look at the
Staff Report on page 4 of 7 at the bottom there is a chart that actually gives the density for each individual site.
The paragraph above it gives the overall density calculated with and without the right-of-way included, and so you have a few that are actually over the 20 dwelling units per acre if you look at the sites individually, and that is above the current 2020 General Plan land use High Density
maximum, so those two would be above. The four that have four units on them, those would be within the appropriate range.
COMMISSIONER HANSSEN: That does answer my
question. I would want to comment that I do concur with Commissioner Janoff’s comments as well as Commissioner
Mayer’s comments that we should be prepared to take the next step. I think it makes a lot of sense to improve their situation and align it with the current General Plan
zoning, but we ought to also put in our thoughts for the future that we would act on that so as to prevent any
downsizing of the density that’s in that current
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
13 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
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18 19
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neighborhood, because as we said, we would not want it to become a single-family home when we have six units.
CHAIR RASPE: Thank you. Vice Chair Thomas.
VICE CHAIR THOMAS: I just want to echo those
comments and also add that I wasn’t even aware that this was… I thought these were single-family homes. I live in this neighborhood. I don’t drive down this cul-de-sac every often because it’s a cul-de-sac, but I was like, “What? There are multiple units in here?” So then when I thought in the General Plan, in the Housing Element, we didn’t talk about these sites, because I legitimately thought that they were single-family homes. Even when I first turned down there I was like am I on the right street? Then I was like oh, these are multi-units.
I just thought they were big, giant homes built
in the 1970s, so even though they are a little dated today I think they are another really good example of multi-unit buildings that exist in town that blend in seamlessly with the rest of the neighborhood, and so I wanted to point out that I really do appreciate that.
I do think that we should forward a
recommendation to have this move in a direction to
eventually amend the General Plan land use designation for
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
14 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
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18 19
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this area, because I do think that it is an appropriate area to have the current density that is there at minimum.
CHAIR RASPE: Thank you so much. Commissioner
Janoff.
COMMISSIONER JANOFF: I wanted to add that when
we talked about this site during the drafting of the
Housing Element it did come up, because in certain terms it’s a dated site and it may be time for redevelopment. It was brought to our attention, quite rightly, by Rob Moore who reminded us that this is a high-density neighborhood and we don’t want to include it on the sites inventory; we’re not interested in converting these relatively lowcost dwelling units into more unaffordable.
This neighborhood was specifically mentioned,
which also adds to the importance, I think, that we want to make sure that this neighborhood remains high-density and is enabled to be as high-density as possible.
CHAIR RASPE: Thank you so much. My sense is
we’ve arrived at a consensus. Can I ask one of my fellow commissioners to try to verbalize it by way of proceeding (inaudible) the Staff? Would it be in the form of a motion with what is before us with an added recommendation as
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
15 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
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described by my fellow commissioners? Would that be the best way to format it?
JENNIFER ARMER: Yes, I would say that a
recommendation on the ordinance, and then it sounds like in addition to that just a general comment recommendation for future consideration. I don't know if the Town Attorney has specific thoughts?
ATTORNEY WHELAN: Just to add to that, you could
forward a recommendation for the zone change approval and recommend a future General Plan amendment. Does it make sense to include the potential future land use designation? JENNIFER ARMER: General Plan land use
designation and zoning to allow High-Density Residential would probably be the way to say it, and I can help guide the language if needed.
CHAIR RASPE: Thank you so much. With that being
said, Commissioner Janoff.
COMMISSIONER JANOFF: Can I say, “So moved”?
JENNIFER ARMER: Yes.
CHAIR RASPE: Thank you so much. Do I have a
second on that motion? Vice Chair Thomas.
VICE CHAIR THOMAS: I second.
ITEM NO. 12.
LOS GATOS PLANNING COMMISSION 2/14/2024, Item #2,
15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court
16 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
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24 25
CHAIR RASPE: Thank you. We have a motion and a
second. Any further comments, Commissioners? Then by a show of hands can I see all those in favor of the motion before the Commission? Let the record show the motion has passed unanimously. Are there any appeal rights?
JENNIFER ARMER: This is a recommendation, so
there are no appeal rights.
CHAIR RASPE: Thank you so much.
(END)
ITEM NO. 12.
From:
Sent: Tuesday, March 12, 2024 8:52 AM
To: Planning <[email protected]>
Cc: Linda & Dwayne Downing
Subject: Downing Oak Court Rezoning
[EXTERNAL SENDER]
Ladies and Gentlemen,
We refer to the Notice of Public Hearing postmarked March 6, 2024 in which you mention a zone change from c-1 Neighborhood Commercial to RD Residential Duplex.
The property we own at is a 4-plex.
We understand that this is a proposed zone downgrade from commercial to residential. That seems reasonable. We want to be insured that the downgrade to “duplex” does not adversely affect our real estate.
Please advise.
Thank you for your help and please do let us know if you will be able to advise us prior to the meeting or if we should come to the meeting to voice our objections. We do not live in Los Gatos.
Dwayne Forrest Downing and Linda Barsanti Downing
Waking up this morning, I smile.
Twenty-four brand new hours are before me.
I vow to live fully in each moment
And to look at all beings
With the eyes of compassion – Thich Nhat Hanh
ATTACHMENT 4 Page 340
ITEM NO. 12.
This Page
Intentionally
Left Blank
ITEM NO. 12.
PREPARED BY: Katy Nomura
Assistant Town Manager
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: 03/19/2024
DATE: March 13, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation
RECOMMENDATION:
Approve the legislative priorities with regard to State, Federal, and regional legislation.
BACKGROUND:
On September 5, 2023, the Town Council adopted amendments to Council Policy #2-18:
Legislative Policy (Attachment 1) to include an annual review of the Town’s legislative priorities.
The review occurs annually shortly after the Council discusses its Strategic Priorities. The Legislative priorities would be used to support Town Council Members in discussions with legislators and to provide guidance as the Town considers which legislative proposals to track and/or take a position. The Town Manager or the Town Attorney would be authorized to prepare and issue position letters for the Mayor's signature after determining that the legislative proposal could impact the Town and that the proposed position would be in alignment with the adopted legislative priorities. While there may be many legislative proposals for which a Town position would be in alignment with the Legislative Priorities, only the most pressing proposals will be acted on and will be subject to staff capacity.
DISCUSSION:
The following legislative priorities are recommended based on the potential impacts to the Town and the Council’s Strategic Priorities. Active priorities will be actively monitored and appropriate action, such as submitting position letters, will be proactively taken at the opportune times. It is recommended that only three to five active priorities be identified to ensure staff capacity to successfully respond to these priority areas. Passive priorities will not
ITEM NO. 13.
PAGE 2 OF 4
SUBJECT: Legislative Priorities
DATE: March 13, 2024
DISCUSSION (continued):
be actively monitored but their inclusion would allow the Town to take action should the need become urgent and staff bandwidth allow for it. In addition, the Town is a member of the League of California Cities which actively conducts legislative advocacy on behalf of its members and their priorities can be found in Attachment 2. The Town is also a member of the Santa Clara County Cities Association which participates in legislative affairs (https://citiesassociation.org/advocacy/).
Recommended Legislative Priorities:
Active Priorities:
1. Oppose California Business Roundtable Measure: This measure is slated to appear on the November 2024 ballot. It would revise the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The measure includes a provision that any taxes and fees adopted after January 1, 2022 that do not comply with the new rules are void unless reenacted. The League of California Cities recommends opposing this measure on their “Take Action” webpage (Attachment 3). The Town has already submitted a letter with an “oppose” position.
2. Support AB 3109 (Muratsuchi) – Theft: Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the value of the property taken does not exceed $950 and grand theft when the value exceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. The bill would, if a person has one conviction for a specified theft offense, make a second or subsequent conviction punishable by imprisonment in the county jail not exceeding one year, or 16 months, or 2 or 3 years. This bill contains other related provisions and other existing laws.
3. One to three other specific bills or measures as directed by Council.
Passive Priorities:
4. Clarifications regarding SB 9: The Town may want to support legislation that clarifies SB 9 lot splits and developments in Very High Fire Hazard Severity Zones, affordability requirements, and the attestation of intent to occupy.
ITEM NO. 13.
PAGE 3 OF 4
SUBJECT: Legislative Priorities
DATE: March 13, 2024
DISCUSSION (continued):
5. Protect Vehicle License Fee (VLF) and Educational Revenue Augmentation Fund (ERAF): As the State may consider how it will address future budget shortfalls, it is critical that the State not take funding from local government. In the past, these two funding sources have been redirected to the State for its own budgeting purposes.
6. Internet Sales Tax: With the exception of our Measure G district sales tax, internet sales tax goes into a pool and is distributed based on a jurisdiction’s share of the overall sales tax collected in the respective County. In contrast, the Town’s Measure G district sales tax is distributed based on the buyer’s location, yielding higher revenue for the Town. The Town may want to support changes to the general distribution of sales tax that would benefit Los Gatos.
7. Mental Health: Mental health support is important to the Los Gatos community and the Town may want to support legislation that furthers mental health through funding, emphasis in Policing, or other methods could be beneficial to the Town.
8. Fire Protection and Insurance: Fire protection is one of the Town Council’s Strategic Priorities and the Town may want to support legislation that furthers fire protection funding and efforts that could be beneficial to the Town. Legislation to ensure the availability of fire insurance for residents could become more important if insurance becomes harder to obtain.
9. Housing: When effective, the Town may have interest in participating in certain housing bills.
10. Unfunded Mandates: Unfunded mandates strain the Town’s already limited resources and should be opposed.
11. Water: Support local water agency requests when beneficial to the Town.
12. Beach Traffic: Legislation to support the Town in reducing impacts of beach cutthrough traffic could be beneficial. One possibility could involve prohibiting navigation applications from directing cut-through traffic through High Fire Severity Zones on high fire risk days.
13. Transportation – Speeding: The Town may want to support legislation to reduce speeding that could be beneficial for the Town.
ITEM NO. 13.
PAGE 4 OF 4
SUBJECT: Legislative Priorities
DATE: March 13, 2024
CONCLUSION:
Staff looks forward to Council’s discussion and any direction regarding legislative priorities.
COORDINATION:
This report was coordinated with the Town Manager’s Office and Town Attorney.
FISCAL IMPACT:
There is no associated fiscal impact other than the staff time needed to monitor and respond to legislation.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Town Council Policy 2-18: Legislative Policy
2. League of California Cities 2024 Advocacy Priorities
3. League of California Cities Take Action Webpage
ITEM NO. 13.
ATTACHMENT 1
ITEM NO. 13.
ITEM NO. 13.
ITEM NO. 13.
League of California Cities 2024 Advocacy Priorities
1. Safeguard local revenues and bolster local economic development.
Cities are the engine of the state economy. With a looming state budget deficit, it is critical to counter efforts by the state and corporations to erode or skim local revenue.
Cal Cities supports increasing local revenue streams for local governments and opposes any effort to reduce or eliminate existing funding to cities. Cal Cities will use every tool in the toolbox — legislative, legal, and grassroots mobilization — to fight a 2024 ballot measure that represents an existential threat to local control. The measure, sponsored by the California Business Roundtable, would put at risk billions of dollars for essential local services. Cal Cities also supports legislation that will fund a state-local partnership to enhance economic development in these uncertain fiscal times.
2. Strengthen climate change resiliency and disaster preparedness.
The threat of climate change is no less during tough economic times. The state needs to accelerate its efforts to prepare, reduce, and adapt to the ever-changing risks posed by climate change — especially in vulnerable and under-resourced communities.
These risks include wildfires, flooding, drought, and other extreme weather events. Cal Cities will pursue funding strategies, including potentially a bond, that provide cities with the necessary resources to improve community and infrastructure resiliency. Cal Cities will also seek to advance a partnership with state and federal agencies to strengthen essential infrastructure, including modernizing the state’s water supply and energy grid.
3. Improve public safety in California communities.
A spike in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, and back-to-back natural disasters, as well as strained social services are creating challenges beyond the capacity of local governments. Cal Cities will partner with the state to advance solutions that help reduce crime, increase emergency service capacity, and provide more support to those residents struggling with substance abuse.
We will work with the Legislature, the Governor, and allies to craft legislation that will reform Proposition 47, while avoiding a return to the days of mass incarceration.
4. Expand investments to prevent and reduce homelessness and increase the supply of affordable housing.
California cities are doing more than ever to get residents off the streets and into safe, stable, and affordable housing. However, the homelessness crisis in the world’s fifthlargest economy continues unabated — fueled in part by a lack of affordable housing.
Cal Cities is calling on the state to provide ongoing funding to bolster local efforts to support individuals experiencing, or at risk of, homelessness as well as strengthen state and local partnerships to improve access to wraparound services, including mental health and substance use treatment. Cal Cities also supports ongoing funding for cities to jumpstart the construction of affordable housing, while ensuring cities retain local decision-making and flexibility to achieve community and state housing goals.
ITEM NO. 13.
Take Action
Home / Advocacy / Take Action
The League of California Cities advocacy efforts are strongest when joined by the voices of city leaders. Gov. Gavin Newsom signed off on the last bills of the 2023-24 legislative session on the Oct. 14 deadline with some big wins for cities. Cal Cities appreciates all the hard work and advocacy efforts by city officials during this legislative session.
Visit Cal Cities' online bill search to view the outcome of specific measures.
AB 817 (Pacheco) Open meetings: teleconferencing
AB 817 would provide a narrow exemption under the Ralph M. Brown Act for non-decision-making legislative bodies to participate in twoway virtual teleconferencing without posting their location. By removing barriers to participate, this bill would improve equity in opportunity to serve locally and representative diversity in leadership can be achieved.
Sample support letter
State Ballot Measure Restricting Voters’ Input and Local Taxing Authority
The anti-local control California Business Roundtable measure has qualified for the November 2024 ballot. This anti-local control measure will decimate vital local and state services to the benefit of the largest and wealthiest corporations in California. Cal Cities, along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates, strongly oppose this initiative.
ATTACHMENT 3 Page 350
ITEM NO. 13.
Make sure your city’s voice is heard by adopting a resolution opposing the harmful measure. Adopted city resolutions can be sent to [email protected]. For information about how the measure could impact your community, contact your local public affairs manager.
Contact your regional public affairs manager
Sample opposition resolution
Sample opposition letter
ITEM NO. 13.
PREPARED BY: Katy Nomura
Assistant Town Manager
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: 03/19/2024
DATE: March 13, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive an Update on Unhoused Initiatives, Authorize Revenue and Expenditure Budget Adjustments in the Amount of $1,417.50 to Recognize a Reimbursement, and Provide Any Direction
RECOMMENDATION:
Receive an update on unhoused initiatives, authorize revenue and expenditure budget adjustments in the amount of $1,417.50 to recognize a reimbursement, and provide any direction.
BACKGROUND:
On January 24, 2023, the Town Council confirmed its Strategic Priorities and added a new one to support the unhoused residents of Los Gatos. This addition was reaffirmed on February 13, 2024.
On April 4, 2023, the Town Council allocated $50,000 to support unhoused residents. Of those funds, $10,000 was allocated to the Shower Ministry, $20,000 was allocated to a temporary restroom, and $20,000 was allocated to the Hotel Program to provide hotel rooms for unhoused residents during instances of extreme weather, unhealthy air quality, and certain medical needs.
In December 2023, the Town received a $50,000 grant from Santa Clara County (County) to use towards support for unhoused Los Gatos residents. Supervisor Simitian worked with the Town Manager’s Office to create the proposal in light of the Town’s $50,000 investment in services for unhoused residents.
ITEM NO. 14.
PAGE 2 OF 5
SUBJECT: Update on Unhoused Initiatives
DATE: March 13, 2024
BACKGROUND (continued):
While initial discussions regarding the grant indicated the funds would be used for case management for the unhoused, the County confirmed the funds can be used for any support services for residents experiencing homelessness. Council subsequently authorized up to $20,000 of these funds to be used for the Hotel Program. The grant funds must be expended by the Town by June 30, 2024 and are one-time funds.
This agenda item provides an update and an opportunity for the Town Council to provide any budgetary and programmatic direction for next fiscal year.
DISCUSSION:
Shower Ministry
The additional $10,000 in grant funding for the shower program administered by the Los Gatos United Methodist Church extended the weekly shower services through December 5, 2024.
Over 500 visits to the showers occur in a year. Clients regularly express their gratitude and appreciation for the shower, lunch, and supplies, which enable them to be cleaner and healthier, resulting in a greater sense of dignity and self-worth.
Since the current funding supports the program through December 5, 2024, only an estimated $4,350 would be needed to continue the program support through Fiscal Year (FY) 2024/25.
Food Pantry
As part of the Community Grant process, the Town provided Saint Luke’s Pantry with a $6,000 grant for the period from July 1, 2023 to June 30, 2024. Each week, the Pantry gives out grocery bags of canned and fresh food to the unhoused neighbors, with up to 18 participants in any given week. Participants are very grateful for the support provided.
It is estimated that $6,000 would be needed to continue supporting the program in FY 2024/25.
Temporary Restroom
In July, the Town initially partnered with Los Gatos Music and Arts to provide temporary restroom services. The Town received $1,417.50 back from Los Gatos Music and Arts in unused funds. It is recommended to authorize budget adjustments in this amount to recognize the reimbursement.
ITEM NO. 14.
PAGE 3 OF 5
SUBJECT: Update on Unhoused Initiatives
DATE: March 13, 2024
DISCUSSION (continued):
Starting in August, the Town began providing an independent portable restroom and handwashing station at Plaza Park. Originally, the Town started with two services a week and found that three services were necessary after receiving community concerns regarding cleanliness. Three services a week costs $1,439.14 every four weeks. The community in general has benefited from having access to the restroom, including customers of the farmers’ market. The initial $20,000 in funding will sustain the restroom through September 2024.
Since current funding will support the restroom through September 2024, only an additional $14,400 would be needed in FY 2024/25 to continue this service.
Hotel Program
The Hotel Program (Program) launched in December 2023. The Program is only available to regular members of the Los Gatos unhoused community who actively participate in the Food Pantry and Shower Ministry hosted by the faith community. Currently, there are 19 people that may participate and are on a pre-screened list that is managed by the faith community. The Program is only activated in the following emergency circumstances: extreme heat, extreme cold, extreme wind, extreme rain, unhealthy air quality, and/or medical needs for a short-term stay.
Since launching, the Program has activated for 21 nights due to weather related events and had three qualifying medical stays, resulting in 211 rooms booked total over the course of the program. Of the 19 individuals that may participate, 14 have utilized the Program. Participants have expressed sincere gratitude for the shelter provided during inclement weather. The Program has been a success in large part due to support from the Town Council, faith community, dedicated Town staff, and our hotel partners which include the Los Gatos Lodge, the Garden Inn, and the Best Western.
Of the total $40,000 that Council authorized for the Program, approximately $11,000 remain.
Given that winter weather has been the primary driver of activations, it is recommended that the Program convert to a winter program by removing the air quality and extreme heat activations. Air quality concerns could be addressed through N-95 masks without requiring hotel stays. For extreme heat, the Library serves as a cooling center that is available to the community and can provide respite during the day. If the Program is converted to a winter program and N-95 masks are provided to the unhoused community, staff estimates that $25,000-$35,000 could be sufficient to fund the program in FY 2024/25. If air quality and extreme heat remain factors in the Program, the Program could cost significantly more.
ITEM NO. 14.
PAGE 4 OF 5
SUBJECT: Update on Unhoused Initiatives
DATE: March 13, 2024
DISCUSSION (continued):
$50,000 County Grant for Unhoused Los Gatos residents
Council authorized up to $20,000 of the County Grant to be used for the Hotel Program. The remaining $30,000, and any unused funds from the Hotel Program, are intended for case management services for the Los Gatos unhoused community. Staff have been coordinating with the County’s Office of Supportive Housing to determine the best way to expend these funds by the June 30, 2024 deadline to provide meaningful support in a short span of time.
Future Funding Opportunities
Staff continue to work with the County’s Office of Supportive Housing and other partners to position the Town as an ideal candidate to receive future funding for the unhoused. As part of this effort, it is recommended that Council continue to fund unhoused initiatives in FY 2024-25 to demonstrate continued dedication to serving our unhoused community. As was seen this year, the Town’s investment in unhoused services resulted in the County providing additional funding to match the Town’s efforts. Continuing this investment and dedication could result in additional funding being provided, though nothing is confirmed at this stage.
CONCLUSION:
Staff recommends that the Council remove the air quality and extreme heat factors from the Hotel Program and authorize revenue and expenditure budget adjustments in the amount of $1,417.50 to recognize the reimbursement for the temporary restroom services. It is also recommended that Council consider including $50,000 for unhoused initiatives in the FY 2024/25 budget. This would be sufficient to fund the shower ministry with $4,350, the food pantry with $6,000, the temporary restroom with $14,400, and the Hotel Program with $25,250.
COORDINATION:
The preparation of this report was coordinated between the Town Manager’s Office and the Finance Department.
FISCAL IMPACT:
The revenue and expenditure budget adjustments of $1,417.50 would be offsetting and would replenish those funds to be used towards the temporary restroom as originally intended. If the Council chooses to fund unhoused initiatives with $50,000 next fiscal year, this will be considered as part of the FY 2024/25 budget. Continuing to invest in unhoused initiatives could contribute to additional outside funding opportunities.
ITEM NO. 14.
PAGE 5 OF 5
SUBJECT: Update on Unhoused Initiatives
DATE: March 13, 2024
PUBLIC COMMENT:
Attachment 1 contains public comment received on this topic.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENT:
1. Public Comment
ITEM NO. 14.
From: Marna Taylor
To: Katy Nomura; Laurel Prevetti
Subject: Comments for Council meeting
Date: Tuesday, March 12, 2024 6:11:20 PM
[EXTERNAL SENDER]
Thank you for sharing this comment at the Town Council Meeting next week:
As a member of the Los Gatos United Methodist Church and coordinator of our Shower Ministry for the unhoused, I want to express my gratitude for the support the town has provided this past year for our most needy residents. The money provided for cleaning our showers has made it possible for us to provide showers every week to an average of 8-10 people, most who have no other resources for a shower. These clients are so appreciative of the opportunity to clean up, and feel a renewed sense of dignity. And the innovative hotel program has been life changing for so many of the unhoused. This is the first time in many years that most of these people have had a warm room , bed, clean towels and access to a private bathroom and shower during harsh winter storms. With the opportunity to get out of the cold, wind and rain, people are better equipped physically, mentally and emotionally to deal with the daily challenges of being unhoused. This not only benefits these individuals, but our town as a whole. Thank you for providing these basic, essential services! Marna Taylor
ITEM NO. 14.