Agenda packet, first session — Los Gatos City Council, November 19, 2024 (part 2 of 2)

ITEM NO. 11.
(b) A local authority’s sidewalk vending program shall comply with all of the following standards:
(1) A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-ofway, except when that restriction is directly related to objective health, safety, or welfare concerns. (2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i) Directly related to objective health, safety, or welfare concerns. (ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3) A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.
(c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(6) Requiring additional licenses from other state or local agencies to the extent required by law. (7) Requiring compliance with other generally applicable laws. (8) Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
11/5/24, 3:53 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 3/6

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ITEM NO. 11.
(A) The name and current mailing address of the sidewalk vendor. (B) A description of the merchandise offered for sale or exchange. (C) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(d) Notwithstanding subdivision (b), a local authority may do both of the following:
(1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
(iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. 11/5/24, 3:53 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 4/6

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ITEM NO. 11.
(b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.
(c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.
(e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3) The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. (3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4) If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.
(6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.

Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal 11/5/24, 3:53 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 5/6

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ITEM NO. 11.
identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.
11/5/24, 3:53 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946 6/6

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ITEM NO. 11.
- CODE
Chapter 14 - LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE IV. PEDDLERS AND SOLICITORS
Los Gatos, California, Code of Ordinances Created: 2024-03-29 13:44:07 [EST] (Supp. No. 94)

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ARTICLE IV. PEDDLERS AND SOLICITORS
DIVISION 1. GENERALLY
Sec. 14.40.010. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Peddler. Any person, including salesperson and vendor, who goes from house to house, place to place or to any one (1) house or to any one (1) place, or in or along the streets, within the Town, selling and making immediate delivery or offering for sale and immediate delivery any goods, wares, merchandise, services or anything of value in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services.

Solicitor. Any person, including salesperson and vendor, who engages in the business of going from house to house, place to place or to any one (1) house or to any one (1) place, or in or along the streets, within the Town, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise, services or other things of value, for future delivery or for services to be performed in the future, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services. (Code 1968, § 19-1)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.

Sec. 14.40.015. Nonapplicability.

The provisions of this article shall not apply to the following:
(1) Any person peddling or soliciting orders for dairy, bakery, fruit, vegetables, meat, fish or poultry products, or other products intended for human consumption, except ice cream, candy, hot dogs, hamburgers, soft drinks and the like intended for immediate human consumption. (2) Any person peddling or soliciting subscriptions for newspapers or religious publications. (3) Any person peddling or soliciting on behalf of a religious, charitable or educational organization. (4) Any person soliciting for personal services to be performed by the person so soliciting. (5) Any other person who files with the Town Clerk an affidavit setting forth the name and address of the affiant and which clearly establishes exemption from the provisions of this article by virtue of the Constitution or Statutes of the United States or of the State. (Code 1968, § 19-2)
Sec. 14.40.020. Hours during which peddling and soliciting permitted.

Any identification permit issued under the provisions of this article shall be valid only between the hours of 9:00 a.m. and 9:00 p.m. of any day.

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(Code 1968, § 19-12)
Sec. 14.40.025. Posted premises.

No person shall solicit or attempt to solicit at any residential premises where the occupant has posted a sign clearly and obviously visible from an access way used by the solicitor which states, in letters at least three-fourths of an inch in height on a contrasting background, "No Soliciting," "Soliciting Prohibited," "No Soliciting Allowed" or "No Solicitors Allowed." Nor shall any person peddle or attempt to peddle at such premises where the occupant has posted in such a manner a sign which states in substance the same prohibition with reference to peddlers. (Code 1968, § 19-13)
Secs. 14.40.030—14.40.100. Reserved.

DIVISION 2. IDENTIFICATION PERMIT
Sec. 14.40.105. Required.
(a) No person shall act as a peddler or solicitor within the Town without an identification permit, as provided in this article.
(b) Such identification permit shall be in addition to any business license required by the Town for the conduct of the business or occupation of a solicitor or peddler, pursuant to this chapter. (Code 1968, § 19-3)
Sec. 14.40.110. Application.

An applicant for a permit under this division shall furnish the Chief of Police with the following information and material.
(1) The name and description of the applicant.
(2) The address of the applicant, legal and local (if any). (3) A brief description of the nature of the business, and the goods, wares, merchandise and services to be sold or furnished.
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) The length of time the applicant wishes to do business within the Town. (6) If a vehicle is to be used, a description of the same, together with license number or other means of identification.
(7) A recent photograph of the applicant, which picture shall show the head and shoulders of the applicant in a clear and distinguishing manner.
(8) Fingerprints of the applicant to be taken by the Chief of Police, or a member of the Police Department of the Town, at the discretion of the Chief of Police.

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(9) A statement as to whether or not the applicant has been convicted of a crime, felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor. (Code 1968, § 19-4)
Sec. 14.40.115. Investigation.

The permit required by this division shall only be issued by the Chief of Police after an investigation is made by the Chief of Police.
(Code 1968, § 19-5)
Sec. 14.40.120. Prerequisite to issuance of business license.

The information required for an application under this division shall be furnished to the Chief of Police in conjunction with the application for a business license for the occupation of a solicitor or peddler, and an investigation by the Chief of Police and the issuance of an identification permit shall be necessary conditions precedent to the granting of such business license. After the investigation is made and the identification permit issued, a business license for the occupation of a solicitor or peddler shall be issued upon the payment of the license fee, if any is required, in conformity with the provisions of this chapter. (Code 1968, § 19-6)
Sec. 14.40.125. Issuance; expiration.

The Chief of Police, upon being advised of the application of an applicant for a business license for the business or occupation of a solicitor or peddler in the Town, and upon being furnished with the information and records required by this division, shall investigate the applicant. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall issue an identification permit in favor of the applicant for the carrying on of the business or occupation of a solicitor or peddler in the Town.
(Code 1968, § 19-7)
Sec. 14.40.130. Denial; appeal to Town Council.
(a) If, as a result of the investigation pursuant to an application under this division, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall make the findings and reasons for disapproval and transmit the same to the Tax and License Collector, who shall notify the applicant that the application is disapproved and that no permit or license will be issued. (b) Upon the disapproval of the application, as a result of the findings of the Chief of Police, any person aggrieved by the action of the Chief of Police, and the denial of the application for a permit or a license, shall have the right of appeal to the Town Council. Such appeal shall be taken by filing with the Town Clerk, within ten (10) days after notice of the action complained of has been mailed to the applicant's last known address, or to the applicant's address as appearing on the application, a written statement setting forth fully the grounds of appeal. The Town Clerk shall set a time and place for a hearing of such appeal and notice shall be given to the appellant by mail, postage prepaid, to the address, as aforesaid, at least five (5) days prior to the date set for a hearing. The disposition and order of the Town Council shall be final and conclusive. (Code 1968, § 19-8; Ord. No. 2030, § I, 7-21-97)

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Sec. 14.40.135. Display.

The identification permit issued under the provisions of this division shall be worn in a prominent place on the outer clothing, clearly legible to all persons with whom the permittee deals, at all times when the permittee is soliciting or peddling.
(Code 1968, § 19-10)
Sec. 14.40.140. Transferability.

No identification permit issued under the provisions of this division shall be transferable, and the same, as issued, shall be personal to the person to whom issued. (Code 1968, § 19-9)
Sec. 14.40.145. Revocation.
(a) Identification permits issued under the provisions of this division may be revoked by the Chief of Police for any of the following reasons:
(1) Misrepresentation or false statements contained in the application for the identification permit. (2) Misrepresentation or false statement made in the course of carrying on the business of peddling or soliciting.
(3) Conviction of any crime or misdemeanor involving moral turpitude. (4) Conducting the business of peddling or soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace and to constitute a menace to the health, safety or morals or general welfare of the public.
(5) Any violation of this chapter, or of the business license provisions of this Code or any other ordinances of the Town.
(b) Upon revocation of any identification permit issued under the provisions of this division, the Chief of Police shall make the findings and reasons for revocation and transmit them to the permittee, whose license has been revoked, and a copy thereof to the Tax and License Collector. Revocation of an identification permit automatically revokes the business license to which the identification permit applies. The permittee whose permit has been revoked shall have the right of appeal to the Town Council in the same manner and in conformity with the same procedures as set forth in section 14.40.130. (Code 1968, § 19-11; Ord. No. 2030, § II, 7-21-97)
Sec. 14.40.150. Expiration.

Each permit issued under the provisions of this division shall be valid for a period of ninety (90) days and subject to revocation as provided in this division.
(Code 1968, § 19-7)

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ITEM NO. 11.
- CODE
Chapter 14 - LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE VII. PUSHCARTS
Los Gatos, California, Code of Ordinances Created: 2024-03-29 13:44:07 [EST] (Supp. No. 94)

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ARTICLE VII. PUSHCARTS1
DIVISION 1. GENERALLY
Sec. 14.70.010. Purpose.

The Council finds and declares as follows:
(1) The operation of pushcarts on public streets in the Town serves the general welfare, if such operation is properly regulated by offering color, variety and convenience in shopping. (2) Without proper regulation, the operation of pushcarts causes problems of traffic, safety, health, unsightliness, and unfair competition.
(3) It is therefore necessary to regulate pushcarts in such a manner as to obtain their benefits for the Town while at the same time minimizing problems.
(Code 1968, § 19A.00.010)
Sec. 14.70.015. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved location. A site approved for location of a pushcart pursuant to this article.

Food preparation. The cooking or processing of food. It does not include assembling precooked or prepared foods or adding condiments.

Permittee. Any person holding a valid approved location permit under this article. For purposes of this article, the act or omission of an agent or employee of any permittee is for all civil purposes the act or omission of the permittee.

Public way. All that area dedicated to public use, and shall include, but not be limited to, roadways, parkway strips, alleys, and sidewalks.

Pushcart. Any nonmotorized vehicle, truck, trailer, cart, wagon, dray, conveyance or structure on wheels not firmly fixed to a permanent foundation which is utilized in connection with peddling. A pushcart from which food is served shall meet the definition of a vehicle for purposes of Health and Safety Code chapter 11, article 4. (Code 1968, §§ 19A.05.010—19A.05.050)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.

1Cross reference(s)—Vehicles for hire, Ch. 28.

ATTACHMENT 3 Page 191
ITEM NO. 11.

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Sec. 14.70.020. Noise.

No permittee shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a pushcart. (Code 1968, § 19A.15.020)
Sec. 14.70.025. No sales to persons in vehicles.

No permittee shall sell any merchandise to any person who is in a motor vehicle at the time of sale. (Code 1968, § 19A.15.030)
Sec. 14.70.030. Food preparation on street prohibited.

Only ready-to-eat food is permitted. Food preparation on the street is prohibited. (Code 1968, § 19A.15.040)
Cross reference(s)—Food and food establishments generally, Ch. 10.

Sec. 14.70.035. Compliance with other laws.

Every permittee shall at all times have a valid business license and peddler's license. If food is being sold, a permit is also required from the County Health Department. Every permittee shall also comply with sections 28640 et seq. of the California Health and Safety Code.
(Code 1968, § 19A.15.050)
Sec. 14.70.040. License for sanitary facilities.

Every permittee shall be required to have a written license agreement giving the permittee and the permittee's agents the right to use permanent sanitary facilities located no more than five hundred (500) feet from the approved location.
(Code 1968, § 19A.15.060)
Cross reference(s)—Health and sanitation generally, Ch. 13; sewers and sewage disposal, Ch. 22.

Sec. 14.70.045. Transfer prohibited.

Permits issued under this article shall not be sold, assigned or transferred, and shall cover only the permittee to whom they are issued.
(Code 1968, § 19A.15.070)
Sec. 14.70.050. Equipment other than pushcarts prohibited.

No permittee shall employ or have any movable or permanent stands, tables, chairs or devices other than the permitted pushcart and one (1) chair for the permittee situated at any approved location.

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(Code 1968, § 19A.15.080)
Sec. 14.70.055. Indemnity agreement.

As a condition to receiving the permit, every permittee shall execute an agreement holding the Town and its employees and agents harmless from any liability arising from the use of the permit. (Code 1968, § 19A.15.090)
Sec. 14.70.060. Insurance.

Every permittee, at the permittee's sole cost and expense, and during the entire term of the permit or any renewal thereof, shall obtain and maintain all insurance required by the Town as set forth by resolution. (Code 1968, § 19A.15.100)
Secs. 14.70.065—14.70.125. Reserved.

DIVISION 2. PERMITS
Sec. 14.70.130. Approved location—Required.

No person shall operate a pushcart on a public way within the Town without an approved location permit as provided in this division. Such permit shall be in addition to any business license required by the Town and the identification permit required by article IV of this chapter. (Code 1968, § 19A.10.010)
Sec. 14.70.135. Same—Application process.

An application for an approved location permit shall be made to the Planning Director, and shall contain the information requested by the Planning Director, as necessary to fulfill the purposes of this article. (Code 1968, § 19A.10.020)
Sec. 14.70.140. Same—Notice of filing of application.

Within fifteen (15) days after an application has been filed, the Planning Director shall publish a notice of such filing pursuant to Government Code section 6061, and also post a copy of such notice in at least two (2) conspicuous places close to the proposed location.
(Code 1968, § 19A.10.040)
Sec. 14.70.145. Same—Consideration in review of applications.

Applications shall be reviewed in the light of all the facts relevant to the purposes of this article, including but not limited to the following:

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(1) Compliance with the specific requirements of this article. (2) The goals of the general plan and any applicable specific plans. (3) Automobile and pedestrian safety, and minimum interference with parking. (4) Avoidance of unfair competition with merchants in fixed locations. (5) Diversity of product.
(6) Aesthetics.
(Code 1968, § 19A.10.030)
Sec. 14.70.150. Same—Holding period for competing applications.

In order that the limited number of appropriate pushcart locations may be used by those pushcarts most compatible with the goals of this article, it is the intent of this article to promote competition for approved locations. No application shall therefore be deemed complete under Government Code section 65943 until at least thirty (30) days after the publication of notice called for in section 14.70.140. If other applications are filed for the same location within thirty (30) days of such publication, no further notice need be given. No competing application for a given location will be accepted more than thirty (30) days after the publication of notice hereunder.
(Code 1968, § 19A.10.050)
Sec. 14.70.155. Same—Competing applications.

If more than one (1) application is filed for the same location, the Planning Director shall, if any pushcart is to be allowed in such location, approve the application which the Planning Director determines to be most compatible with the goals and criteria of this article. If applications are deemed to be equally compatible, selection shall be made by lottery.
(Code 1968, § 19A.10.060)
Sec. 14.70.160. Same—Issuance for certain areas prohibited.

No permit shall be issued under this division for a location within the following areas:
(1) On private property. Outdoor display of merchandise on private property is governed by chapter 29 of this Code.
(2) Immediately adjacent to residentially zoned property. (3) Within one hundred fifty (150) feet of a business selling food for on-site consumption, in the case of a pushcart selling food; or within one hundred fifty (150) feet of a business selling a similar commodity in the case of a pushcart selling commodities other than food. (4) Within one hundred fifty (150) feet of another approved location. (5) Within five hundred (500) feet of an elementary or junior high school. (6) In any Town park outside the central business district as defined in the downtown specific plan. (Code 1968, § 19A.15.010)

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Sec. 14.70.165. Same—Appeal.

Any interested party may appeal any decision of the Planning Director with reference to approved location permits to the Planning Commissioner by filing a written appeal within ten (10) days after the mailing of notice of the Planning Director's decision to the last known address of the permittee, and upon payment of the fee specified by Council resolution. In considering the appeal, the Planning Commissioner may affirm, revoke, or modify the Planning Director's decision in whole or in part, and consider any other matters it deems pertinent. (Code 1968, § 19A.10.090)
Sec. 14.70.170. Same—Revocation.

An approved location permit may be revoked at any time upon a written determination by the Planning Director that the permit is being utilized in a manner contrary to law, the goals of this article, or the general welfare of the Town. Prior to such revocation, the Planning Director shall give the permittee written notice by first class mail of intention to revoke, and shall hold an informal hearing allowing the permittee to present arguments against revocation.
(Code 1968, § 19A.10.080)
Sec. 14.70.175. Same—Duration.

An approved location permit shall be issued for one (1) year. New applications for a specific location shall not be accepted until ninety (90) days prior to expiration of an existing permit for that location. (Code 1968, § 19A.10.070)
Sec. 14.70.180. Temporary permits for special events.

The Town Council may, as part of its approval of any special event, authorize the issuance of a specified number of temporary pushcart permits, not to exceed five (5), for a specified number of days in connection therewith. In such case, applications for temporary permits shall be submitted to the Town Manager, with the written endorsement of the agency sponsoring the special event, and the department shall approve the temporary permit for a specific location if it finds that issuance of the permit will promote the purpose of this article. There shall be no appeal from the denial of an application for a temporary permit. (Code 1968, § 19A.20.010)

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ITEM NO. 11.
- CODE
Chapter 14 - LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE IV. - PEDDLERS AND SOLICITORS
DIVISION 1. GENERALLY
Los Gatos, California, Code of Ordinances Created: 2024-11-08 10:50:25 [EST] (Supp. No. 95)

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DIVISION 1. GENERALLY
Sec. 14.40.010. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Sec. 14.40.015. Nonapplicability.

The provisions of this article shall not apply to the following:
(1)(a) Any person peddling or soliciting orders for dairy, bakery, fruit, vegetables, meat, fish or poultry products, or other products intended for human consumption, except ice cream, candy, hot dogs, hamburgers, soft drinks and the like intended for immediate human consumption. (2)(b) Any person peddling or soliciting subscriptions for newspapers or religious publications. (3)(c) Any person peddling or soliciting on behalf of a religious, charitable or educational organization. (4)(d) Any person soliciting for personal services to be performed by the person so soliciting. (e) Sidewalk vendors.
(5)(f) Any other person who files with the Town Clerk an affidavit setting forth the name and address of the affiant and which clearly establishes exemption from the provisions of this article by virtue of the Constitution or Statutes of the United States or of the State. (Code 1968, § 19-2)

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ITEM NO. 11.

Created: 2024-03-29 13:44:06 [EST]
(Supp. No. 94)

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Sec. 14.40.020. Hours during which peddling and soliciting permitted.

Any identification permit issued under the provisions of this article shall be valid only between the hours of 9:00 a.m. and 9:00 p.m. of any day.
(Code 1968, § 19-12)
Sec. 14.40.025. Posted premises.

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(Supp. No. 94)

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(7) A recent photograph of the applicant, which picture shall show the head and shoulders of the applicant in a clear and distinguishing manner.
(8) Fingerprints of the applicant to be taken by the Chief of Police, or a member of the Police Department of the Town, at the discretion of the Chief of Police.
(9) A statement as to whether or not the applicant has been convicted of a crime, felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor. (Code 1968, § 19-4)
Sec. 14.40.115. Investigation.

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ITEM NO. 11.

Created: 2024-03-29 13:44:07 [EST]
(Supp. No. 94)

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grounds of appeal. The Town Clerk shall set a time and place for a hearing of such appeal and notice shall be given to the appellant by mail, postage prepaid, to the address, as aforesaid, at least five (5) days prior to the date set for a hearing. The disposition and order of the Town Council shall be final and conclusive. (Code 1968, § 19-8; Ord. No. 2030, § I, 7-21-97)
Sec. 14.40.135. Display.

Each permit issued under the provisions of this division shall be valid for a period of ninety (90) days and subject to revocation as provided in this division.

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ITEM NO. 11.

Created: 2024-03-29 13:44:07 [EST]
(Supp. No. 94)

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(Code 1968, § 19-7)

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTIONS 14.40.010, “DEFINITIONS,” AND 14.40.015, “NONAPPLICABILITY,” OF ARTICLE IV, “PEDDLERS AND SOLICITORS,” OF CHAPTER 14, “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,” OF THE TOWN CODE AND REPLACING ARTICLE VII, “PUSHCARTS,” OF CHAPTER 14, “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,” WITH A NEW ARTICLE VII, “SIDEWALK VENDING” IN THE TOWN CODE
WHEREAS, Town Code Sections 14.40.010 and following currently regulate peddlers and solicitors; and
WHEREAS, Town Code Sections 14.70.010 and following currently regulate pushcart vendors; and
WHEREAS, Senate Bill 946 amended Government Code Sections 51036, limits the regulation of sidewalk vendors by local jurisdictions; and WHEREAS, the Town Code should be updated to reflect the requirements of Government Code Sections 51036 and following;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Section 14.40.010, “Definitions,” of Article IV, “Peddlers and Solicitors,” of the Town Code is amended to read:

Sec. 14.40.010. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Peddler. Any person, who goes from house to house, place to place or to any one (1) house or to any one (1) place, within the Town, selling and making immediate delivery or offering for sale and immediate delivery any goods, wares, merchandise, services or anything of value in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services.

Solicitor. Any person, who engages in the business of going from house to house, place to place or to any one (1) house or to any one (1) place, within the Town, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise, services or other things of value, for future delivery or for services to be performed in the future, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services. (Code 1968, § 19-1)
ATTACHMENT 5

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Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.

SECTION II. Section 14.40.015, “Nonapplicability,” of Article IV, “Peddlers and Solicitors,” of the Town Code is amended to read:

Sec. 14.40.015. Nonapplicability.

The provisions of this article shall not apply to the following:
(a) Any person peddling or soliciting orders for dairy, bakery, fruit, vegetables, meat, fish or poultry products, or other products intended for human consumption, except ice cream, candy, hot dogs, hamburgers, soft drinks and the like intended for immediate human consumption.
(b) Any person peddling or soliciting subscriptions for newspapers or religious publications.
(c) Any person peddling or soliciting on behalf of a religious, charitable or educational organization.
(d) Any person soliciting for personal services to be performed by the person so soliciting. (e) Sidewalk vendors.
(f) Any other person who files with the Town Clerk an affidavit setting forth the name and address of the affiant and which clearly establishes exemption from the provisions of this article by virtue of the Constitution or Statutes of the United States or of the State.
(Code 1968, § 19-2)
SECTION III. Chapter 14, “Licenses and Miscellaneous Business Regulations,” Article VII, “Pushcarts,” of the Town Code is repealed and replaced with the following:

Sec. 14.70.010. Purpose.

The Council finds and declares as follows:
(a) Sidewalk vending on public streets in the Town serves the general welfare, if such operation is properly regulated by offering variety and convenience in shopping. (b) Without proper regulation, sidewalk vending causes problems of decreased accessibility for persons with disabilities; a lack of adequate access for first responder and emergency personnel; the monopolization of public spaces for private commercial use; traffic safety concerns for motorists, bicyclists, and pedestrians; and a lack of sales tax being collected.
(c) It is therefore necessary to regulate sidewalk vending in such a manner as to obtain benefits for the Town while at the same time minimizing problems. (Code 1968, § 19A.00.010)

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Sec. 14.70.020. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved location. A site approved for location of a sidewalk vendor pursuant to this article.

Food means raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum, and any other items defined as food by the California Retail Code.

Food preparation. The cooking or processing of food. It does not include assembling precooked or prepared foods or adding condiments.

Mobile vendor means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under the direction of the owner.

No vending or limited vending zone means an area where sidewalk vending is prohibited or limited due to objective public health, safety, or welfare concerns. The Town Council may establish no vending or limited vending zones by resolution, as set forth in this Chapter.

Permittee. Any person holding a valid sidewalk vending permit under this article. For purposes of this article, the act or omission of an agent or employee of any permittee is for all civil purposes the act or omission of the permittee.

Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

Sidewalk vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, or merchandise on any public sidewalk, paved pedestrian path, park, or other public property, with or without the assistance of a vending device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation.

Sidewalk vendor means a person who sells food or merchandise from a vending device or from one’s person, upon a public sidewalk, paved pedestrian path, park, or other public property. This term is inclusive of both roaming and stationary sidewalk vendors.

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Vending device means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities.

Vending device does not include any street furniture such as benches or planters, any other structure permanently installed by the Town of Los Gatos or with the consent of the Town of Los Gatos.

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Enforcement official means the Town Manager or designee, a Town code enforcement officer, a Parks Service Officer, and any Police Department sworn personnel and community service officers.
(Code 1968, §§ 19A.05.010—19A.05.050)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.

Sec. 14.70.030. Sidewalk Vending Permit Required.
(a) Sidewalk vending is not permitted without a sidewalk vending permit issued by the Town.
(b) A sidewalk vending permit shall only permit the operation of one vending device at any one time.
(c) No permit granted pursuant to this Chapter shall be transferable. (d) An approved stationary sidewalk vending permit grants the permittee the privilege of occupying a particular portion of the public path or sidewalk for the purpose of conducting the approved vending business. An approved stationary vending permit does not grant the permittee any estate or other property right or interest to operate at the location for which the permit is issued and/or to operate at any location in the public street.

Sec. 14.70.040. Sidewalk vending permit application and fees. (a) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application with the Town. The application shall be in a form developed by Town staff and shall contain the following:

1. The legal name and current address, telephone number, and email address of the applicant, who must be a natural person (i.e., an individual human being and not a corporation, firm, partnership, etc.), a copy of the applicant’s California driver’s license, California identification card, U.S. passport, individual taxpayer identification number, federal identification number, or other identification number or card issued by a foreign government;

2. If sidewalk vending as a representative of a firm, association, or partnership, the name and address thereof and the names and residences of partners or association members. If sidewalk vending as a representative of a corporation, the name and address thereof and the names and residences of officers and a local manager;

3. A Statement of Operations which includes the type of operation (mobile or stationary), description of the food or merchandise offered for sale, hours of operation, and location of operation;

4. Copies of all required licenses and permits, including but not limited to, a Town of Los Gatos business license, California seller’s permit, and copies of all permits and approvals needed from the County of Santa Clara Department of

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Environmental Health. Each separate concurrently operating vending location requires its own business license and sidewalk vending permit.

5. The following release, indemnification, and acknowledgement requirements:
(i) An agreement by the applicant to waive and release the Town and its officials, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgements (including attorneys’ fees and court costs) related to or arising out of the applicant’s sidewalk vending activities.
(ii) An agreement by the applicant to, to the greatest extent allowed by law, defend, indemnify, and hold harmless the Town, its officials, agents, employees, contractors, and volunteers from and against any and all claim related to or arising out of the applicant’s sidewalk vending activities.
(iii) An acknowledgement and agreement that the applicant’s use of the sidewalk or other Town facilities is at the applicant’s own risk, and it is not the Town’s responsibility to ensure that the vending location is safe or conductive to the vending activities.

6. Photos, dimensions, and a description of the vending device that will be used. If the vending device is mobile, the application shall also contain all applicable vehicle identification information including VIN, make, model and engine number;

7. An acknowledgement of having read and an agreement to abide by this Chapter; and

8. Commercial general liability, automobile, and workers compensation insurance policies and other such policy as the Town shall require. (Code 1968, § 19A.15.060)
Cross reference(s)—Health and sanitation generally, Ch. 13; sewers and sewage disposal, Ch. 22.

Sec. 14.70.050. Sidewalk vending permit approval, conditions, denial, or revocation. (a) A sidewalk vending permit shall be approved unless it is determined that:
(1) Information contained in the application, or supplemental information requested from the applicant, is incomplete or false in any material detail; or (2) The proposed operations are contrary to the provisions and operating standards of this Chapter;
(3) The applicant has failed to pay or otherwise resolve any previous administrative citations associated with a previous violation of this Chapter;

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(4) The location of the proposed vending operations has already been approved for another use (including other vending operations) at the time the applicant proposes to vend at the subject location; or
(5) The proposed vending operations are in violation of any federal, state, or local law or ordinance and/or the Town’s approval of a sidewalk vending permit would be contrary to legal requirements applicable to the Town.
(b) Reasonable sidewalk vending permit conditions, regulating the time, place, and manner of sidewalk vending may be added.
(c) If the permit is denied, written notice of such denial and the reasons therefore will be provided to the applicant.
(d) A sidewalk vending permit may be revoked for violation of this Chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the revoked permit.
(e) An applicant may appeal the decision to deny, revoke, or condition the application to the Town Manager within ten business days of the decision. An appeal hearing will be held by the Town Manager or their designee within ten business days from the date the appeal is received. At the hearing, both the applicant and the staff member denying the permit shall have the right to appear and to present evidence and arguments relevant to the grounds on which the decision to deny the application is appealed. The burden of proof shall be on the applicant to show that they meet the qualifications for a sidewalk vending permit. The decision of the Town Manager, or their designee, shall be final and conclusive upon the applicant.
(Code 1968, § 19A.15.080)
Sec. 14.70.060. Sidewalk Vending Permit Expiration and Renewal.

A sidewalk vending permit shall be valid for twelve months from the date of issuance, except that a sidewalk vending permit shall be deemed null and void upon the revocation or expiration of: a) the related Town-issued business license, b) a required permit from the County of Santa Clara Department of Environmental Health, and/or c) the California seller’s permit issued pursuant to Revenue and Taxation Code Section 6067.

Sec. 14.70.070. Sidewalk Vending Standards.

Sidewalk vendors shall comply with the following standards in order to preserve Town infrastructure, prevent unreasonable conflicts with pedestrians and vehicular traffic, prevent improper disposal of trash, and to assure that pedestrians (including pedestrians with disabilities) have adequate and accessible thoroughfares, to minimize trip and fall hazards, to

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address driver visibility or distraction concerns, and to address other public health, safety, and welfare concerns.
(a) Location.
(1) Sidewalk vending is only permitted on paved surfaces. (2) To maintain accessibility, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk or pedestrian pathway that would reduce the width of the sidewalk or pedestrian pathway below five feet or one-half of the sidewalk, whichever is greater, excluding curb, and excluding any sidewalk areas that are made non-passable due to any natural barriers or other existing conditions or obstructions such as posts, parking meters, street trees, planters, or signs that are located on the sidewalk, except for the brief duration of time for a roaming sidewalk vendor to conduct a sale. Sidewalk vendors shall maintain their vending devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time may a sidewalk vendor operate in such a fashion that would violate or cause a violation of the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices. (3) Sidewalk vendors are prohibited within 200 feet of an intersection. (4) Sidewalk vendors shall not interfere with access or use of Town infrastructure, including Town benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptables, or recycling receptables.
(5) Sidewalk vendors shall maintain a clear distance of 48 inches from any fire hydrant, emergency exit, or other emergency facility; (3) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (4) any entrance or exit to a building, facility, or stairway access point; or (5) any driveway or driveway apron.

Vending or operating in a way that violates the accessible path of for persons with disabilities is per se unreasonable.
(6) Stationary sidewalk vendors shall not locate their vending device over or within fifteen feet of a storm drain.
(7) Vendors may not operate within twenty-five feet (25’) of an automatic teller machine (ATM).
(8) At locations where on street parking is angled to the curb, the vending device or area shall be set back three feet (3’) from the curb face.
(b) Display.
(1) In no event may a sidewalk vendor’s total operational size (including any vending display device) exceed fifteen square feet.

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(2) Vending devices shall be at least 18 inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground.
(3) No permittee shall employ or have any movable or permanent stands, tables, chairs or devices other than the permitted stand or pushcart and one (1) chair for the permittee situated at any approved location.
(4) No food sidewalk vendor may be accompanied by or in the custody or possession of an animal, except a service animal.
(5) Sidewalk vendors shall not use easy-ups, tents, or similar shade structures. (c) Operations.
(1) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation. (2) Sidewalk vendors shall not cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic.
(3) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors shall not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending device and that are no larger than the vending device itself.
(4) Sidewalk vendors must provide a trash receptable for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a twenty-foot radius of the vending location. Sidewalk vendors are responsible for disposing of the trash or any residue associated with their business and may not use Town receptables for this purpose.
(5) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending device a valid permit from the County of Santa Clara Department of Environmental Health.
(6) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending device a valid sidewalk vending permit issued pursuant to this Chapter and a valid business license issued in accordance with Chapter 14 of the Town Code. A properly permitted sidewalk vendor must remain on site for all vending activities.
(7) Vending devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects

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within the public right-of-way. No vending devices shall become a permanent fixture on the vending site or be considered an improvement to real property. (8) Vending devices shall not be left or stored unattended on public property or within the public right-of-way.
(9) Sidewalk vendors shall not vend or distribute: (1) live animals, wildlife, fish, fowl, or insects; or (2) items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, cannabis, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal.
(10) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (1) vending devices, items placed on or in vending devices, and associated seating; and (2) personal belongings wholly contained underneath or inside or a vending device. (11) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. (12) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.
(13) Sidewalk vendors shall not connect to Town-owned utilities such as, but not limited to, electric boxes, water lines, and gas lines. (14) Vendors shall not allow customers in their queue or encourage customers to interfere with or obstruct public right-of-way, paved pedestrian pathways, or traffic. (15) In order to minimize noise impacts on residential units, in mixed use areas, a vendor may only engage in sidewalk vending between the hours of 9 a.m. and 5 p.m., or during hours of operation of adjacent businesses or uses on the same street, whichever is later.
(16) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulation; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards and the American with Disabilities Act and other disability access standards (both state and federal).
(17) Sidewalk vendors shall not operate or vend in a way that violates the terms of conditions of their sidewalk vending permit.

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(18) No permittee shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a pushcart.
(19) Food preparation is prohibited. Only ready-to-eat food may be sold.

Sec. 14.70.080. Restricted vending times and locations. (a) Stationary sidewalk vending is not permitted in the following areas:
(1) In any Town park when the park is closed or where the Town has entered into an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(2) In areas that are zoned exclusively residential.
(3) Within 300 feet of a permitted certified farmers’ market during the limited operating hours of that certified farmers’ market or a special event for which a special event permit has been issued during the hours of that special event. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.
(4) Within 400 feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on school days.
(5) Within 600 feet of any entertainment establishment between the hours of 10 p.m. and 2 a.m.
(6) Within 200 feet of another sidewalk vendor.
(7) Within 50 feet of a location subject to a special event permit. (b) Both stationary and roaming sidewalk vending shall not be permitted on a bike path, a street (including within on-street parking spaces), within a driveway, or in a public parking lot.
(c) In order to vend at Town parks, a park permit is required. (1) A maximum of one vendor is permitted at each Town park. (2) Vendors in parks are limited to two consecutive days within each 30-day period. measured on a rolling basis.
(3) Vendors in parks are permitted only on paved surfaces within 20 feet of a park entrance.
(4) Vendors is parks are subject to the same permit requirements and fees as are imposed for vending permits outside of parks.
(d) The Town Council may, by resolution, designate no vending or limited vending zones due to objective health, safety, or welfare concerns. In designating a no vending or limited

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vending zone, the Town Council shall first determine that vending without limitation in the area would impede or interfere with public health, safety, or welfare. (e) This Section shall not be construed as prohibiting events that are conducted pursuant to, and in accordance with, a special event permit issued by the Town. (Code 1968, § 19A.15.030)
Sec. 14.70.090. (Code 1968, § 19A.15.040)
Cross reference(s)—Food and food establishments generally, Ch. 10.

Sec. 14.70.100. Compliance with other laws.

Every permittee shall at all times have a valid business license. If food is being sold, a permit is also required from the County Health Department. Every permittee shall also comply with sections 28640 et seq. of the California Health and Safety Code. (Code 1968, § 19A.15.050)
Sec. 14.70.120. Administrative Citations.
(a) Unless otherwise provided, a violation of this Chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation, in the amounts not to exceed the following:
(1) One hundred dollars ($100) for a first violation
(2) Two hundred dollars ($200) for a second violation within one year of the first violation.
(3) Five hundred dollars ($500) for each additional violation withing one year of the first violations.
(b) Unless otherwise provided, a person engaged in sidewalk vending without a valid town sidewalk vending permit shall be issued an administrative citation in amounts not to exceed the following, in lieu of the amounts set forth in subsection (a):
(1) Two hundred fifty dollars ($250) for a first violation. (2) Five hundred dollars ($500) for a second violation withing one year of the first violation.
(3) One thousand dollars ($1,000) for each additional violation within one year of the first violation.
(c) A person issued an administrative citation pursuant to subsection (b), upon submitting proof of a valid sidewalk vending permit issued by the Town within ten calendar days of the date a citation is issued, may have the amount of their citation reduced to amounts set fourth in subsection (a).

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(d) Unless otherwise provided, a violation of this Chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (e) If an individual violated this Chapter and is issued an administrative citation, that person is required to come into reasonably prompt compliance with this Chapter. If a cited individual continues to operate unlawfully and/or fails to come into reasonably prompt compliance with this chapter, the individual may be issued a subsequent administrative citation on the same day, so long as at least one hour has passed between each administrative citation.
(f) In order to facilitate the administration of this Chapter, Town enforcement staff are authorized to ask sidewalk vendors who are reasonably believed to be vending in violation of this Chapter for their identification card, or other identifying information, and said individuals are required to provide such information to the requestion enforcement staff.
(g) A person who is issued an administrative citation(s) may contest the citation subject to the requirements and procedures of Chapter 1 of this Code. If the contest of the citation is successful, the hearing officer shall order the Town to return the fee paid for contesting the citation.
(h) The Town shall also provide a person who receives a citation with a notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at any time before the assessed fine is paid, including while a judgment remains unpaid, when a case is delinquent, or when a fine has been referred to a comprehensive collection program. There shall be no charge for an ability-to-pay determination.
(i) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the Town shall accept, in full satisfaction, twenty percent of the fee assessed for an administrative citation imposed pursuant to this Chapter. (j) The Town may develop processes or regulations that would (1) allow for a person to complete community service in lieu of paying the total administrative fine; (2) provide for waivers of the administrative fine; or (3) provide for the offering of alternative dispositions.
(k) Administrative citations issued under this section shall include the following notice: “You have a right to contest this citation within thirty (30) calendar days by completing a request for hearing form and returning it to the Town Clerk. If you do not contest the citation, you waive your right to contest it. You also have the right to request an abilityto-pay determination at any time before the assessed fine has been paid.”

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(l) Failure to pay the assessed fine issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed for failure to pay an administrative citation fine.
(m)No person shall willfully interfere with or obstruct any Town code enforcement officer, community services officer, or police officer in their enforcement of the provisions of this chapter. Willful (1) failure to properly identify oneself done for the purpose of attempting to evade an administrative citation, and/or (2) interference with or obstruction of an impoundment authorized pursuant to this Chapter shall constitute unlawful interference or obstruction under this subsection. Violation of this subsection is a misdemeanor.
(Code 1968, § 19A.15.100)
Sec. 14.70.130. Impoundment.
(a) The Town may impound vending devices, food, goods, and/or merchandise that:
(1) Reasonably appear to be abandoned on public property; or (2) Are displayed, offered, or made available for rent or sale by sidewalk vendor who (A) operates in violation of this chapter; and (B) refuses or fails to provide identification, as required by this Chapter refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Town enforcement official; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) does not possess a valid applicable sidewalk vending permit; and (B) also refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Town enforcement official; or (4) Is (A) creating an imminent and substantial safety or environmental hazard by the location of the vending device or the nature of the goods being offered for sale, and (B) refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Town enforcement official; Or (5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who has, within a twenty-four-month period, been found responsible for violating this Chapter four or more times.
(b) The Town may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the Town. and if successful in their appeal, may have their property returned without paying an impound fee. The appeal hearing shall be conducted pursuant to the administrative

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ITEM NO. 11.
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Draft Ordinance Date Adopted
enforcement hearing. Any appeal fee paid by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
(e) The Town Council may by resolution adopt impound fees, which shall reflect the Town’s enforcement, investigation, storage, and impound costs. (f) Any unclaimed items will be considered abandoned and forfeited to the Town after ninety days following impoundment.

SECTION IV. 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 V. CEQA.

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

SECTION VI. Publication.

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

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ITEM NO. 11.
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Draft Ordinance Date Adopted
SECTION VII. Effective Date.

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
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 11.

Reviewed by: Town Manager, Assistant Town Manager, 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: 11/19/2024
ITEM NO: 12
DATE: November 6, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce a Draft Revised Sign Ordinance
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” Article I, “In General,” Division 3, “Signs,” of the Town Code Regarding Sign Regulations RECOMMENDATION:

Introduce the draft revised Sign Ordinance (Attachment 2).

BACKGROUND:

On May 21, 2024, the Town Council adopted an ordinance to remove content-based regulations from the Town’s sign ordinance. These amendments were made in order to bring the Town into conformance with the U.S. Supreme Court decision in Reed v. Gilbert.

Since then, in the application of the sign ordinance, staff has determined that minor edits are needed to clarify the ordinance requirements.

On October 9, 2024, the Planning Commission voted unanimously to recommend to the Town Council the adoption of the revised Sign Ordinance. Since the Planning Commission meeting, Section 29.10.115(15) has been revised to exclude the temporary signage that is permitted at intersections from the general prohibition on signs in the public right of way. Also, Section

29.10.115 has been amended to exclude official and permitted signs associated with special events from the general prohibition on signs in the public right of way and on public property.

This will accommodate the Town’s banner program. The redline revisions are shown in Attachment 1. A clean version of the proposed sign ordinance is attached as Attachment 2.

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ITEM NO. 12.

PAGE 2 OF 3
SUBJECT: Introduce Ordinance Amending Sign Ordinance
DATE: November 6, 2024
DISCUSSION:

The proposed revisions are outlined as follows:
1) In Section 29.10.110(5)(b), revise the size limitation on temporary signs at intersections to be two feet by two feet instead of one square foot. This will match the typical size of a real estate sign, which is the most common type of temporary sign placed at an intersection.
2) In Section 29.10.110(15), specify that this regulation applies to temporary signs on private property rather than public property. This is because a revision is proposed to Section 29.10.115(15) to state that temporary signs are not permitted on public property.
3) In Section 29.10.115(8), replace the heading “posters” with the heading “signs” so that it is clear that the prohibition relates to all signage on objects in the public right of way. 4) In Section 29.10.115(15), add a prohibition on signage on public property, including parks and public right of way, and describe specifically what constitutes public right of way. Previously, the prohibition for signage on pavement was located in Section

29.10.115(8), but it is clearer to include that prohibition with the other regulations pertaining to the public right of way in Section 29.10.115(15).

CONCLUSION:

If the Town Council passes the proposed revisions, the draft ordinance will be placed on the December 3, 2024, Town Council agenda for adoption and the ordinance will take effect 30 days after adoption.

COORDINATION:

This report was coordinated with the Town Manager’s Office and the Community Development Department. A copy of the proposed ordinance changes was provided to the Silicon Valley Association of Realtors (SILVAR) and SILVAR has indicated that its membership intends to comply with the regulations.

FISCAL IMPACT:

This proposed ordinance revision will not have a fiscal impact.

ENVIRONMENTAL ASSESSMENT:

This ordinance update will not have a significant impact on the physical environment and is therefore not subject to CEQA.

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ITEM NO. 12.

PAGE 3 OF 3
SUBJECT: Introduce Ordinance Amending Sign Ordinance
DATE: November 6, 2024
Attachments:

1. Redline of Proposed Revisions to Sign Ordinance

2. Draft Sign Ordinance

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ITEM NO. 12.

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DIVISION 3. SIGNS
Section 29.10.100. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state law.

Arcade means a covered passageway with business establishments along at least one (1) side.

Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs.

Attraction board is a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.

Awning is synonymous with marquee.

Billboard means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are signs erected upon benches.

Bulletin board is a sign located on the same premises as a church, school, hospital, or public building, and allowing changeable messages.

Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking lot located on the same parcel as the business frontage.

Canopy is synonymous with marquee.

Conformance means the state of being in conformity with the provisions of this division, either because of reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.

ATTACHMENT 1

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Construction sign is a sign located on a construction site during the course of construction, which identifies the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended.

Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency, such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.

Entity means any person and any distinct business enterprise even where adjacent business enterprises are owned or operated by a single person.

Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.

Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted either to display an advertising message or to attract attention to the sign.

The face of a sign is often the front, but may be any surface including a rear or blank portion. A sign may have more than one (1) face and may be virtually all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two (2) faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the particular aspect in question is readily viewable from public property or any premises other than those where the sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are present.

Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single perimeter, including the spaces between them.

Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an integral part of a building.

Ground sign is a freestanding sign less than seven (7) feet high.

Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground surface where the sign is erected, not taking into account mounding or other alterations to the surface made in regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.

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Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the lot line in respect to which the business for which the sign is provided has its primary business frontage.

Marquee means a temporary or permanent structure attached to or supported by a building, designed for shelter over a pedestrian or vehicular way and which may or may not project over public property.

Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood, which serves only to identify the neighborhood.

Nonconforming sign is one which was lawfully erected but which does not comply with this division because of:
(1) Annexation of territory to the Town;
(2) Amendment to the zoning ordinance;
(3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner of the real property where the sign is located.

However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located; (2) Alterations to any building on the lot or parcel where the sign is located; or (3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs.

Off-premises sign is any sign not located on the same parcel as the entity it advertises.

Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer entrance to a business.

Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure, or sign. "A"-frame and sandwich signs are portable signs.

Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.

Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.

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Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors, created, adapted, or installed, by a person for the primary and apparent purpose of communicating a message, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building create a primary effect of advertising. Exceptions:
(1) Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in the unusual manner might constitute a sign.
(2) A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services. (3) Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.

Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall.

For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the perimeter composed of not more than eight (8) straight lines.

Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person authorized by this division to erect a sign.

Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light materials, intended to be displayed for fewer than 90 days or a short period of time as set forth elsewhere in this Division. Examples of temporary signs are yard signs, for sale signs, for rent signs, flags, balloons, and banners.

Time and temperature sign is a sign which shows time and/or temperature and which contains no advertising.

Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.

Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.

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the top of the fascia, the eave line, or in any event, below the top of the structure. A sign which meets the definition of this section but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a wall sign.

Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.

Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed directly in or upon the ground on private property.

SECTION II. Section 29.10.105, “Generally,” of the Town Code is amended to read as follows:

Section 29.10.105. Generally.
(a) Application. The regulations in this Division apply to all signs in all zones. Regulations of the number and area of signs refer to the signs allowed on a parcel, except where the regulations prescribe the number and area of signs allowed on a business frontage. (b) Intent. The intent of this Division is as follows:
(1) The Town is a predominantly residential community of natural beauty, distinctive architecture and historic character. The economic stability of the Town is dependent upon its high quality and Town-oriented, commercial and residential environment.

Unregulated and uncontrolled erection and maintenance of advertising structures tends to create a garish and gaudy atmosphere which is not in harmony with the character and environment of the business or residential community. (2) The purpose of a sign is to inform the general public that a business enterprise and function exists in the Town.
(3) This Chapter recognizes the right of the public to be directed, warned, advised, and informed; and also recognizes the economic need for a sign to function as a means of identification, expression of business character, and positive notification of product and service availability for consumption.
(4) This Chapter regulates the location, height, width, shape, proportion, design, illumination and construction (except as provided by building codes) of signs for the purpose of insuring that they are architecturally compatible with the planned image of the Town.
(5) The purpose of this Chapter is to assist in the continuation of existing and introduction of new commercial activities in architectural harmony with the existing and planned Town, to take advantage of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real property. To accomplish this:

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a. Local public values must be balanced with general public rights and economic functions related to signs.
b. The size of a sign must be prevented from overpowering its surroundings or becoming a determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting. d. A sign must be prevented from overpowering its surroundings through hue, saturation, and brilliance or close combination of incompatible colors. e. Normal maintenance and speedy repair is required for all signs. (c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110. A building permit may be required by another ordinance. (d) Variances. The provisions of this Chapter concerning variances are not available to modify the terms of this division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign. (f) Noncommercial Signs. Notwithstanding any provision of this Section, signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

SECTION III. Section 29.10.110, “Exceptions,” of the Town Code is amended to read as follows:

Section 29.10.110. Exceptions.

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(4) Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of erection, provided the sign does not exceed four (4) square feet in area.
(5) Temporary Short Term Signs.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for any fence or building where the sign is located, provided the sign does not exceed twelve (12) square feet in area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a residential zone. This exception is only available when all or part of the premises is actually available for sale or lease. b. At Intersection or on Parcel. Nonilluminated, off-site, portable signs are permitted, unlimited in total number, but limited to one (1) double-faced sign per corner of an intersection or parcel. The signs shall not exceed an area of one two (21) feet by two (2) feet per face and shall not be more than four (4) feet high Prior permission shall be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs shall be removed each day. Such signs are an exception to the rule prohibiting off-premises signs and signs on public property. (6) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside and signs not visible from off the premises. (7) Convenience signs. Convenience signs not exceeding two (2) square feet in area providing directions only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be illuminated.
(8) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in area.
(9) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10) Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the business(es) controlling the parking lot. (11) Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations. (12) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of one hundred (100) total square feet of floor area. (13) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a public agency.

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(14) Special event signs. Any sign permitted by a special event permit issued under Article X of Chapter 14 of this Code.
(15) Temporary signs on private property. With the exception of yard signs, any number of temporary signs on private property, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard signs, but no yard sign shall exceed six square feet in size. All persons who erect temporary signs, including yard signs, or who own or control the premises where temporary signs are erected, are jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in this Division. Temporary signs relating to an event, such as an election, shall be removed within seven (7) days after the event.

SECTION IV. Section 29.10.115, “Prohibited signs,” of the Town Code is amended to read as follows:

Section 29.10.115. Prohibited signs.

Except as otherwise provided in this Chapter, the signs described in this Section are prohibited.
(1) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move. (2) Moving signs. Signs that rotate or move in any fashion, except barber poles. (3) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of surrounding property or are a traffic hazard. (4) Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct the view from any living area in the building to which the sign is attached.
(5) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape. (6) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or device.
(7) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(8) Posters Signs in public thoroughfare. Signs, pPlacards, posters, announcement and similar signs erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in a public thoroughfare, except those defined of an official nature as provided in Section 29.10.110(11) or permitted in accordance with Section

29.10.120(4).

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(9) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or trailers are parked in such a location or manner that it is clear the intention is to advertise the services of a business.
(10) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(11) Off-premises signs. Off-premises signs, except those authorized by sections

29.10.110(5), (15), 29.10.120(2), (4), and 29.10.130(1). (12) Indecent signs. Signs containing matter which is obscene under State law. (13) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a projector or other device.
(14) Billboards. Any billboard sign.
(15) Temporary and freestanding signs on Public Property and in Portions of the Public Right of Way. Temporary and/or freestanding signs in the median of the public right of way or the portion of the right of way between the road and the sidewalk, streetlight poles, traffic signals. With the exception of temporary signs permitted in accordance with Section 29.10.110(5)(b) and 29.10.120(4), temporary signs on public property, including parks and public right-of-way, which includes sidewalks, roads, street medians, and the portion of right of way between the road and sidewalk, are prohibited.
(16) Unauthorized signs. Any sign not specifically authorized in Sections 29.10.110,

29.10.120 and 29.10.130.

SECTION V. Section 29.10.120, “Temporary signs,” of the Town Code is amended to read as follows:

Section 29.10.120. Temporary Signs Requiring Permits.

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exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line. Up to four additional signs are permitted in residential subdivisions. Additional signs shall have an area not exceeding three (3) square feet, nor a height of more than four (4) feet. One off-premises signs erected by subdividers which are not located on a major arterial street as defined by the Town general plan is permitted. The sign shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such signs may be erected for up to 90 days. Off-premises signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs.
(3) Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One (1) single-faced sign on property for sale or lease of a commercial, office, or industrial development to be built in the future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street right-of-way line.

The sign shall not be erected for over 90 days.
(4) Sign Erected by Special Event Sponsor.
a. Subject to the conditions of this Section, a permit may be issued to the sponsor of a civic, political, charitable, cultural, recreational, educational or religious event as follows:
(i) An event in town sponsored by a non-profit organization; or (ii) An event sponsored by a non-profit organization with its principal business address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may

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appeal the decision to the Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event. (ii) The sign shall be no larger than permitted under section 29.10.135. (iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town. Within this limit of three (3) signs, the following restrictions apply:

A. Except as provided under subsection (B) below, no more than one sign per event shall be permitted in the Downtown Area.

B. No more than one sign shall be permitted at the event site. Should the event have a number of locations or not have a fixed location, the event site sign shall be placed within five hundred (500) feet of the beginning or end of the event. Should the event site be located within the Downtown Area, the sign at the event site shall not count against the limitation imposed by subsection (A) above. (iv) Event signs shall be secured at all four (4) corners to avoid flapping. (v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five hundred (500) feet of any intersection in Town. (ii) The square footage of an event sign shall not exceed the calculation of total sign area permitted under Section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time. f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
(ii) A non-profit association as defined in Corporations Code Section 21000; or

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ITEM NO. 12.

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(iii) A non-profit corporation existing under the laws of another state governing non-profit corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone. (5) Signs on construction sites. On parcels of under one acre, one (1) nonilluminated sign of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.

SECTION VI. Section 29.10.135, “Zone regulations,” of the Town Code is amended to read as follows:

Section 29.10.135. Zone regulations.
(a) Scope. This Section specifies the signs which may be erected in each zone, other than signs which by the express provisions of this Chapter may be erected in all zones. Except where this Section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones. (b) Residential zones. In residential zones (defined by Section 29.40.010) the following signs may be erected:

Land Use Class of Sign Number
of Signs
Total
Area

1. Multiple Family
Developments:

a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.

2. Authorized Nonresidential
Uses (including recreational
activities, schools, churches,
public utilities, lawful
nonconforming uses, etc.)
ground signs one per parcel 24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.

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3. Neighborhood Identification
Signs (only for
neighborhoods with an area
of 3 acres or more)
ground signs number and
location subject
to
determination
by the deciding
body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by Section 29.50.010) are specified in this Section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs for each parcel. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five (25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the parcel is contiguous to a residential zone and if the wall faces that zone.
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1) square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the primary business frontage. (2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage. (3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the parcel.
(4) The total area of all signs on a parcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.
(5) The total area of all signs on a parcel is limited to the area derived from the business frontage calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the parcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the parcel.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area.

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(9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a parcel. (d) Planned development overlay zone. The signs shown on the official development plan referred to in Division 2 of Article VIII of this Chapter may be erected in the PD zone.

SECTION VII. Section 29.10.140, “Nonconforming signs,” of the Town Code is amended to read as follow
Section 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.
(b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:

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ITEM NO. 12.

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(1) Changes in sign copy.
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.

No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:
(1) A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign. (2) A statement that the sign is a nonconforming sign.
(3) The applicable date for removal of the sign under the provisions of subsection (f).

Information concerning more than one (1) sign, and information concerning separate amortization dates for different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection (e) and is effective to start the time period provided in subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is intended as a convenience to sign owners.

However, no failure to give notice shall invalidate any proceeding to enforce this chapter to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two (2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five (5) years.
(3) Signs where total area of all signs on a building or parcel exceed permitted area: five (5) years.

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ITEM NO. 12.

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(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs. (h) Extension of nonconforming sign status. During the deliberations on the provisions of this Chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this Division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of Sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them. (j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures.
(k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense. (Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78)

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ITEM NO. 12.

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Ordinance Date Adopted
ATTACHMENT 2

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” ARTICLE I, “IN GENERAL,” DIVISION 3, “SIGNS,” OF THE TOWN CODE REGARDING SIGN REGULATIONS WHEREAS, the Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140 of the Town Code and was most recently amended in May of 2024 in order to remove contentbased regulations; and WHEREAS, based on experience with application of the ordinance since then and in order to make the ordinance clearer, staff recommends minor edits to: specify that Section

29.10.110(15) addresses temporary signs on private property, Section 29.10.115(8) prohibits signs of any kind on objects in the public thoroughfare, and Section 29.10.115(15) prohibits both temporary and free-standing signs in the public thoroughfare; and WHEREAS, the proposed revisions were presented to the Planning Commission and the Planning Commission has reviewed the proposed revisions and recommended that the ordinance be introduced at a Town Council meeting.

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

The following sections of the Town Code are amended to read as follows:

SECTION I. Section 29.10.100, “Definitions,” of the Town Code is amended to read as follows:

Section 29.10.100. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Arcade means a covered passageway with business establishments along at least one (1) side.

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ITEM NO. 12.

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Ordinance Date Adopted
Attraction board is a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.

Awning is synonymous with marquee.

Bulletin board is a sign located on the same premises as a church, school, hospital, or public building, and allowing changeable messages.

Canopy is synonymous with marquee.

Entity means any person and any distinct business enterprise even where adjacent business enterprises are owned or operated by a single person.

Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.

Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted either to display an advertising message or to attract attention to the sign.

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Ordinance Date Adopted
(2) faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the particular aspect in question is readily viewable from public property or any premises other than those where the sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are present.

Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an integral part of a building.

Ground sign is a freestanding sign less than seven (7) feet high.

Marquee means a temporary or permanent structure attached to or supported by a building, designed for shelter over a pedestrian or vehicular way and which may or may not project over public property.

Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood, which serves only to identify the neighborhood.

However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located;

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ITEM NO. 12.

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Ordinance Date Adopted
(2) Alterations to any building on the lot or parcel where the sign is located; or (3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs.

Off-premises sign is any sign not located on the same parcel as the entity it advertises.

Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer entrance to a business.

Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure, or sign. "A"-frame and sandwich signs are portable signs.

Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.

Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.

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ITEM NO. 12.

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Ordinance Date Adopted
For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the perimeter composed of not more than eight (8) straight lines.

Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person authorized by this division to erect a sign.

Time and temperature sign is a sign which shows time and/or temperature and which contains no advertising.

Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.

Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.

Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event, below the top of the structure. A sign which meets the definition of this section but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a wall sign.

Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed directly in or upon the ground on private property.

SECTION II. Section 29.10.105, “Generally,” of the Town Code is amended to read as follows:

Unregulated and uncontrolled erection and maintenance of advertising structures

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ITEM NO. 12.

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Ordinance Date Adopted
tends to create a garish and gaudy atmosphere which is not in harmony with the character and environment of the business or residential community. (2) The purpose of a sign is to inform the general public that a business enterprise and function exists in the Town.
(3) This Chapter recognizes the right of the public to be directed, warned, advised, and informed; and also recognizes the economic need for a sign to function as a means of identification, expression of business character, and positive notification of product and service availability for consumption.
(4) This Chapter regulates the location, height, width, shape, proportion, design, illumination and construction (except as provided by building codes) of signs for the purpose of insuring that they are architecturally compatible with the planned image of the Town.
(5) The purpose of this Chapter is to assist in the continuation of existing and introduction of new commercial activities in architectural harmony with the existing and planned Town, to take advantage of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real property. To accomplish this:
a. Local public values must be balanced with general public rights and economic functions related to signs.
b. The size of a sign must be prevented from overpowering its surroundings or becoming a determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting. d. A sign must be prevented from overpowering its surroundings through hue, saturation, and brilliance or close combination of incompatible colors. e. Normal maintenance and speedy repair is required for all signs. (c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110. A building permit may be required by another ordinance. (d) Variances. The provisions of this Chapter concerning variances are not available to modify the terms of this division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign. (f) Noncommercial Signs. Notwithstanding any provision of this Section, signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

SECTION III. Section 29.10.110, “Exceptions,” of the Town Code is amended to read as follows:

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ITEM NO. 12.

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Ordinance Date Adopted
Section 29.10.110. Exceptions.

A sign permit is not required for the signs described in this Section. The number and area of these signs are regulated only by this Section and they are allowed in addition to signs of other classes.
(1) House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad crossing signs, authorized traffic or parking signs and rural delivery boxes.
(2) Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat against the wall of a building, which only show the name or address of a person or persons or entity occupying the area, up to a limit of six (6) plates per building.
(3) Building directories. Building directories for buildings with more than six (6) tenants, the sign having an area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name or address of the persons or entitles occupying the building.
(4) Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of erection, provided the sign does not exceed four (4) square feet in area.
(5) Temporary Signs.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for any fence or building where the sign is located, provided the sign does not exceed twelve (12) square feet in area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a residential zone. This exception is only available when all or part of the premises is actually available for sale or lease. b. At Intersection or on Parcel. Nonilluminated, off-site, portable signs are permitted, unlimited in total number, but limited to one (1) double-faced sign per corner of an intersection or parcel. The signs shall not exceed an area of two (2) feet by two (2) feet per face and shall not be more than four (4) feet high Prior permission shall be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs shall be removed each day. Such signs are an exception to the rule prohibiting off-premises signs and signs on public property. (6) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside and signs not visible from off the premises. (7) Convenience signs. Convenience signs not exceeding two (2) square feet in area providing directions only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be illuminated.
(8) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in area.

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ITEM NO. 12.

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Ordinance Date Adopted
(9) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10) Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the business(es) controlling the parking lot. (11) Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations. (12) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of one hundred (100) total square feet of floor area. (13) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a public agency.
(14) Special event signs. Any sign permitted by a special event permit issued under Article X of Chapter 14 of this Code.
(15) Temporary signs on private property. With the exception of yard signs, any number of temporary signs on private property, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard signs, but no yard sign shall exceed six square feet in size. All persons who erect temporary signs, including yard signs, or who own or control the premises where temporary signs are erected, are jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in this Division. Temporary signs relating to an event, such as an election, shall be removed within seven (7) days after the event.

SECTION IV. Section 29.10.115, “Prohibited signs,” of the Town Code is amended to read as follows:

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ITEM NO. 12.

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Ordinance Date Adopted
Section 29.10.115. Prohibited signs.

Except as otherwise provided in this Chapter, the signs described in this Section are prohibited.
(1) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move. (2) Moving signs. Signs that rotate or move in any fashion, except barber poles. (3) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of surrounding property or are a traffic hazard. (4) Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct the view from any living area in the building to which the sign is attached.
(5) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape. (6) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or device.
(7) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(8) Signs in public thoroughfare. Signs, placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in a public thoroughfare, except those defined in Section 29.10.110(11) or permitted in accordance with Section 29.10.120(4).
(9) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or trailers are parked in such a location or manner that it is clear the intention is to advertise the services of a business.
(10) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(11) Off-premises signs. Off-premises signs, except those authorized by sections

29.10.110(5), (15), 29.10.120(2), (4), and 29.10.130(1). (12) Indecent signs. Signs containing matter which is obscene under State law. (13) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a projector or other device.
(14) Billboards. Any billboard sign.
(15) Temporary signs on Public Property and in the Public Right of Way. With the exception of temporary signs permitted in accordance with Section 29.10.110(5)(b) and 29.10.120(4), temporary signs on public property, including parks and public right-of-way, which includes sidewalks, roads, street medians, and the portion of right of way between the road and sidewalk, are prohibited.

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ITEM NO. 12.

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Ordinance Date Adopted
(16) Unauthorized signs. Any sign not specifically authorized in Sections 29.10.110,

29.10.120 and 29.10.130.

SECTION V. Section 29.10.120, “Temporary signs,” of the Town Code is amended to read as follows:

Section 29.10.120. Temporary Signs Requiring Permits.

Every sign described in this Section, regardless of the manner of its construction, is a temporary sign. The number and area of such signs are regulated only by this Section and are in addition to the allowed number and area for other classes of signs. (1) On Premises Sign Erected by Business. Temporary signs erected on premises of a business are permitted for up to forty-five (45) calendar days. The total area of temporary signs may be equal to or less than the total sign area permitted for the business by Section 29.10.135. The permit shall state the maximum sign area allowed and the date the sign is to be removed as set by the erector or this Chapter, whichever is more restrictive.
(2) On Premises of Subdivision. Nonilluminated, on-site signs on property which has received subdivision or development approval from the Town, from that approval until issuance of a building permit for the last lot to be sold or completion of the development project, are permitted, limited to one (1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line. Up to four additional signs are permitted in residential subdivisions. Additional signs shall have an area not exceeding three (3) square feet, nor a height of more than four (4) feet. One off-premises signs erected by subdividers which are not located on a major arterial street as defined by the Town general plan is permitted. The sign shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such signs may be erected for up to 90 days. Off-premises signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs.
(3) Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One (1) single-faced sign on property for sale or lease of a commercial, office, or industrial development to be built in the future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street right-of-way line.

The sign shall not be erected for over 90 days.
(4) Sign Erected by Special Event Sponsor.

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ITEM NO. 12.

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Ordinance Date Adopted
a. Subject to the conditions of this Section, a permit may be issued to the sponsor of a civic, political, charitable, cultural, recreational, educational or religious event as follows:
(i) An event in town sponsored by a non-profit organization; or (ii) An event sponsored by a non-profit organization with its principal business address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event. (ii) The sign shall be no larger than permitted under section 29.10.135. (iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town. Within this limit of three (3) signs, the following restrictions apply:

A. Except as provided under subsection (B) below, no more than one sign per event shall be permitted in the Downtown Area.

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ITEM NO. 12.

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Ordinance Date Adopted
located within the Downtown Area, the sign at the event site shall not count against the limitation imposed by subsection (A) above. (iv) Event signs shall be secured at all four (4) corners to avoid flapping. (v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five hundred (500) feet of any intersection in Town. (ii) The square footage of an event sign shall not exceed the calculation of total sign area permitted under Section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time. f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
(ii) A non-profit association as defined in Corporations Code Section 21000; or (iii) A non-profit corporation existing under the laws of another state governing non-profit corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone. (5) Signs on construction sites. On parcels of under one acre, one (1) nonilluminated sign of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.

SECTION VI. Section 29.10.135, “Zone regulations,” of the Town Code is amended to read as follows:

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ITEM NO. 12.

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Ordinance Date Adopted
Land Use Class of Sign Number
of Signs
Total
Area

1. Multiple Family
Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.

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ITEM NO. 12.

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Ordinance Date Adopted
(3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the parcel.
(4) The total area of all signs on a parcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.
(5) The total area of all signs on a parcel is limited to the area derived from the business frontage calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the parcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the parcel.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area.
(9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a parcel.

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ITEM NO. 12.

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Ordinance Date Adopted
(d) Planned development overlay zone. The signs shown on the official development plan referred to in Division 2 of Article VIII of this Chapter may be erected in the PD zone.

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ITEM NO. 12.

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Ordinance Date Adopted
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.

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ITEM NO. 12.

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Ordinance Date Adopted
notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs. (h) Extension of nonconforming sign status. During the deliberations on the provisions of this Chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this Division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of Sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them. (j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures.
(k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense. (Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78) SECTION VIII. Severability.

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).

SECTION X. Publication.

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ITEM NO. 12.

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Ordinance Date Adopted
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION XI. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of May 2024, 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: __________________

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ITEM NO. 12.

Los Gatos City CouncilNovember 19, 2024

Los Gatos City Council
November 19, 2024