Los Gatos City Council
August 4, 2026

ITEM NO. 15.
(g) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (h) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66311.

It is the intent of the Legislature that an accessory dwelling unit or a junior accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units or a junior accessory dwelling unit and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units or junior accessory dwelling units in zones in which they are authorized by local ordinance. (Amended by Stats. 2025, Ch. 520, Sec. 1. (SB 543) Effective January 1, 2026.) 66311.5.

(a) Fees charged for the construction of accessory dwelling units or junior accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (b) An accessory dwelling unit or junior accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit was constructed with a new single-family dwelling. (c) (1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit that has 750 square feet of interior livable space or less or a junior accessory dwelling unit that has 500 square feet of interior livable space or less. Any impact fees charged for an accessory dwelling unit that has more than 750 square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(2) For purposes of this subdivision, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in

ITEM NO. 15.

Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (3) For the purposes of this section and Section 17620 of the Education Code, an accessory dwelling unit or junior accessory dwelling unit that contains less than 500 square feet of interior livable space shall, for the purpose of subparagraph (C) of paragraph (1) of subdivision (a) of Section 17620 of the Education Code, be considered other residential construction that does not increase assessable space by 500 square feet. (d) For an accessory dwelling unit or a junior accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the unit and the utility or impose a related connection fee or capacity charge, unless the unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342. (e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (Added by renumbering Section 66324 by Stats. 2025, Ch. 520, Sec. 7. (SB 543) Effective January 1, 2026.)
66311.7.

(a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or an unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
(1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

ITEM NO. 15.
(2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. (c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following:
(1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard.
(2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit. (e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66311.5.
(f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards. (Added by renumbering Section 66332 by Stats. 2025, Ch. 520, Sec. 9. (SB 543) Effective January 1, 2026.)

ITEM NO. 15.
66312.

Notwithstanding Section 65803, this chapter shall also apply to a charter city. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66313.

For purposes of this chapter:
(a) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (g) “Local agency” means a city, county, or city and county, whether general law or chartered.

ITEM NO. 15.
(h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
(l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(m) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (n) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (Amended by Stats. 2025, Ch. 520, Sec. 2. (SB 543) Effective January 1, 2026.) 66313.5.

The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this chapter. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (Added by renumbering Section 66327 by Stats. 2025, Ch. 520, Sec. 8. (SB 543) Effective January 1, 2026.)

ITEM NO. 15.

Government Code - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66345.4]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342]
( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. )
ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
66314.

A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.

ITEM NO. 15.
(c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(d) Require the accessory dwelling units to comply with all of the following:
(1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence. (2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a

ITEM NO. 15.
specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is being used, if required.
(10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322.
(11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (Amended by Stats. 2025, Ch. 67, Sec. 109. (AB 1170) Effective January 1, 2026.) 66315.

ITEM NO. 15.

Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66316.

An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66317.

(a) (1) A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. (2) (A) A permitting agency shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application.
(B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A).

ITEM NO. 15.
(C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B).
(E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A). (F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section.
(3) The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

If the permit application to create or serve an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (b) If a permitting agency denies an application for an accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section.

ITEM NO. 15.
(d) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
(2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period.
(Amended by Stats. 2025, Ch. 520, Sec. 3. (SB 543) Effective January 1, 2026.) 66318.

(a) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this article. (b) An accessory dwelling unit ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66319.

An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

ITEM NO. 15.
66320.

When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317.
(Amended by Stats. 2025, Ch. 520, Sec. 4. (SB 543) Effective January 1, 2026.) 66321.

(a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any of the following:
(1) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(2) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(A) Eight hundred fifty square feet of interior livable space. (B) One thousand square feet of interior livable space for an accessory dwelling unit that provides more than one bedroom.
(3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(4) Any height limitation that does not allow at least the following, as applicable:
(A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.

ITEM NO. 15.
(B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(Amended by Stats. 2025, Ch. 520, Sec. 5. (SB 543) Effective January 1, 2026.) 66322.

Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:
(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.
(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the

ITEM NO. 15.
same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision.
(b) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66323.

(a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination of the following units:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
(2) One detached, new construction, accessory dwelling unit that does not exceed fourfoot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

A local agency may impose the following conditions on the accessory dwelling unit:
(A) A total floor area limitation of not more than 800 square feet of livable space. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.

ITEM NO. 15.
(3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
(4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet. (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
(B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.
(b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
(c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (d) The installation of fire sprinklers shall not be required in an accessory dwelling unit or a junior accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit or a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.

ITEM NO. 15.
(f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(Amended by Stats. 2025, Ch. 520, Sec. 6. (SB 543) Effective January 1, 2026.) 66325.

(a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance.
(b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66326.

(a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption.

After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article. (b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article.
(2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following:
(A) Amend the ordinance to comply with this article.
(B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department. (c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall

ITEM NO. 15.
notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020. (d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this section or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section.
(Amended by Stats. 2025, Ch. 510, Sec. 1. (SB 9) Effective January 1, 2026.) 66328.

(a) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (b) Notwithstanding subdivision (a), a local agency shall issue a certificate of occupancy for an accessory dwelling unit constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, if both of the following requirements are met, even if the primary dwelling has not yet been issued a certificate of occupancy:
(1) The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation issued by the Governor. (2) The accessory dwelling unit has been issued construction permits and has passed all required inspections.
(c) Subdivision (b) does not apply to an accessory dwelling unit attached to the primary dwelling.
(Amended by Stats. 2025, Ch. 491, Sec. 1. (AB 462) Effective October 10, 2025.)

ITEM NO. 15.
66329.

(a) Except as provided in subdivision (b), nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall, pursuant to Section 66317, either approve or deny a coastal development permit application for an accessory dwelling within 60 days of receiving a completed application, and shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. The process to approve or deny a coastal development permit application under this subdivision shall happen concurrently with the process to approve or deny an application for an accessory dwelling unit under Section 66317.
(b) (1) If the local government does not have a certified local coastal plan or program, as defined in Section 31001 of the Public Resources Code, then the California Coastal Commission shall either approve or deny the coastal development permit application for an accessory dwelling unit within 60 days of receiving a completed application. (2) A local government that does not have a certified local coastal plan or program shall immediately notify the California Coastal Commission that a permit application for an accessory dwelling unit is complete pursuant to Section 66317. (3) The California Coastal Commission’s review process to approve or deny a coastal development permit application shall happen concurrently with the process to approve or deny an application for an accessory dwelling unit under Section 66317 provided that the California Coastal Commission has received a completed application for a coastal development permit pursuant to Section 65943.
(4) Notwithstanding paragraph (1), if the coastal development permit application to create or serve an accessory dwelling unit is submitted with a coastal development permit application to create or serve a new single-family or multifamily dwelling on the lot, the California Coastal Commission may delay approving or denying the coastal development permit application for the accessory dwelling unit until the California Coastal Commission approves or denies the coastal development permit application to create or serve the new single-family or multifamily dwelling.
(5) Except as provided in paragraph (4), if the California Coastal Commission has not approved or denied the completed coastal development permit application for the accessory dwelling unit within 60 days, the application shall be deemed approved.

ITEM NO. 15.
(c) Any decision of a local government pursuant to subdivision (a) is not subject to appeal under Section 30603 of the Public Resources Code.
(Amended by Stats. 2025, Ch. 491, Sec. 2. (AB 462) Effective October 10, 2025.) 66330.

A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66331.

In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in subdivision (a) or (b), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(a) The accessory dwelling unit was built before January 1, 2020. (b) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

ITEM NO. 15.

Government Code - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66345.4]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342]
( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. )
ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
66333.

Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(a) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
(b) If the junior accessory dwelling unit has shared sanitation facilities with the existing structure, require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owneroccupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
(c) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

ITEM NO. 15.
(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article.
(d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (2) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(g) Require that a rental of a junior accessory dwelling unit be for a term longer than 30 days.
(Amended by Stats. 2025, Ch. 507, Sec. 1. (AB 1154) Effective January 1, 2026.) 66333.5.

(a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66333 to the Department of Housing and Community Development within 60 days after adoption.

After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article. (b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article.

ITEM NO. 15.
(2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following:
(A) Amend the ordinance to comply with this article.
(B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department. (c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020. (d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this section or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this article for the approval of junior accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section. (Added by Stats. 2025, Ch. 520, Sec. 10. (SB 543) Effective January 1, 2026.) 66334.

(a) A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall not require additional parking as a condition to grant a permit. (b) This article shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

ITEM NO. 15.
66335.

(a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. (2) (A) A permitting agency shall determine whether an application to create or serve a junior accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application.
(B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A).
(C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B).
(E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A). (F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section.
(3) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. (4) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create

ITEM NO. 15.
or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.
(5) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article. (d) No local ordinance, policy, or regulation, other than a junior accessory dwelling unit ordinance consistent with this article, shall be the basis for the delay or denial of a building permit or a use permit under this section.
(e) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
(2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period.
(Amended by Stats. 2025, Ch. 520, Sec. 11. (SB 543) Effective January 1, 2026.) 66335.5.

When a local agency that has not adopted an ordinance governing junior accessory dwelling units in accordance with Section 66333 receives an application for a permit to create or serve a junior accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66335.
(Added by Stats. 2025, Ch. 520, Sec. 12. (SB 543) Effective January 1, 2026.)

ITEM NO. 15.
66336.

A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66337.

(a) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b) This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66338.

(a) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

ITEM NO. 15.
66339.

If a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section 66323 and the requirements of this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66339.5.

(a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance.
(b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of a junior accessory dwelling unit. (Added by Stats. 2025, Ch. 520, Sec. 13. (SB 543) Effective January 1, 2026.)

ITEM NO. 15.

Government Code - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66345.4]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342]
( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. )
ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. )
66340.

For purposes of this article:
(a) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66341.

A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(a) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.

ITEM NO. 15.
(b) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(c) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(3) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(5) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
(A) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(B) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party. (C) Procedures for dispute resolution among the parties before resorting to legal action. (d) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary

ITEM NO. 15.

Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(e) Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.
(f) Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to an ordinance adopted under Section 66342.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66342.

In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall include all of the following requirements:
(a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance. (c) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development. (d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
(A) A lienholder may refuse to give consent.
(B) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.

ITEM NO. 15.
(2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”
(3) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
(A) The lienholder’s signature.
(B) The name of the record owner or ground lessee.
(C) The legal description of the real property.
(D) The identities of all parties with an interest in the real property as reflected in the real property records.
(E) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.
(e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

ITEM NO. 15.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis.

Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied. (b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels. (c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.”
(f) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. (g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.
(2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.
(h) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

ITEM NO. 15.

PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 8/4/2026
ITEM NO: 16
DATE: July 30, 2026
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduction of an Omnibus Ordinance Amending the Town Code to Make Minor Updates and Clarifications
Ordinance Title: An Omnibus Ordinance of the Town Council of the Town of Los Gatos Amending the Town of Los Gatos Town Code to Correct Grammatical Errors, Clarify Language, Conform the Codes to Current State Law, Conform Codes to Administrative Practices and Facts, and to Make Other Administrative, Technical, and Non-Substantive Amendments RECOMMENDATION: Introduce an ordinance amending various sections of the Town of Los Gatos Municipal Code to correct grammatical errors, clarify existing provisions, ensure consistency with current State and Federal Law, and make administrative, technical, and nonsubstantive changes.

FISCAL IMPACT:

There is no significant fiscal impact associated with adopting this ordinance.

STRATEGIC PRIORITY:

This action supports good governance by maintaining an accurate, transparent, and userfriendly Town Code.

BACKGROUND:

The Town of Los Gatos periodically reviews its Town Code to ensure accuracy, usability, and legal compliance. Over time, minor inconsistencies, outdated references, and typographical errors can accumulate.

ITEM NO. 16.

PAGE 2 OF 3
SUBJECT: Introduction of an Omnibus Ordinance
DATE: August 4, 2026
An omnibus ordinance is a standard mechanism used to consolidate multiple minor amendments into a single action. This approach promotes efficiency and avoids the need for multiple separate ordinances addressing largely non-substantive changes.

DISCUSSION:

The proposed ordinance includes amendments across several sections of the Municipal Code.

These changes generally fall into the following categories:
 Correction of typographical and grammatical errors
 Clarification of existing language to improve readability and interpretation  Updating cross-references to ensure accuracy within the Code  Alignment with current State and Federal Law
 Consistency with existing administrative practices
 Update the references to current Town position titles The Town Code sections proposed for amendment are:
 Section 1.40.105, Satisfaction of lien/special assessment - update position title to reference Administrative Services Director.
 Section 2.30.025, Delegation of certain duties – update position title to reference Town Treasurer, Administrative Services Director, and Town Manager or designee  Section 2.30.035, Delegation of Town Clerk and Town Treasurer Authority – update position title to reference Administrative Services Director and Town Clerk.  Section 2.30.295, Powers and duties – Generally – clarify the Town Manager’s supervisorial responsibilities.
 Section 2.30.295(2), Powers and duties – Generally – clarify the supervision of employees for the Town Manager.
 Section 2.30.295(5), Powers and duties – Generally – clarify attendance requirements for Town Manager at Town Council meetings.
 Section 2.30.620, Filing Campaign Statements – update position title to reference Town Clerk.
 Section 2.30.945, Same - Meetings – update the Personnel Board meeting requirements to state that meetings will occur as needed rather than annually.  Sections 2.50.010, Office of the Director of Finance established – update position title to reference Administrative Services Director.
 Section 14.10.010, Definitions – update position title to reference Administrative Services Director.
 Section 14.70.070(r)(3), Sidewalk vending standards – replace reference to “pushcart” with “vending device” for internal consistency.
 Section 14.100.065(g), Violations – correct a clerical error by changing the crossreferenced Code section from 14.100.070 to 14.100.050.  Section 15.90.045, Reporting requirements for funds – update position title to reference Administrative Services Director.

ITEM NO. 16.

PAGE 3 OF 3
SUBJECT: Introduction of an Omnibus Ordinance
DATE: August 4, 2026
 Section 18.10.035, Nonessential or unauthorized use of water – delete this section because the underlying urgency ordinance has expired.
 Section 19.10.027(1), Animals in parks – revise service animal provisions to comply with the Americans with Disabilities Act, which allows service animals to be off leash.  Section 23.30.010, Definitions – update position title to reference Administrative Services Director.
 Section 23.30.020(b)(3), Bonds and insurance required – allow the Town Manager or designee to determine appropriate liability insurance coverage amounts based on circumstances.
 Section 23.30.020(c), Bonds and insurance required – tie insurance and bonding requirements to project risk rather than project value.  Section 25.10.030, Finance Director designated Collector– update to reference Administrative Services Director as designated Tax and License collector.  Section 25.30.010, Definitions – update definition of “Tax Administrator” to reference the Administrative Services Director.
 Section 25.50.020(a), Definitions – update definition of “Administrator” to reference the Administrative Services Director.

Adopting the proposed amendments will ensure that the Town Code remains internally consistent, legally accurate, and easy to administer.

CONCLUSION:

The omnibus ordinance represents routine housekeeping necessary to maintain a clear, accurate, and functional Town Code. Adoption of this ordinance will improve Code clarity and usability without introducing substantive policy changes. After introduction, the proposed ordinance will return to the Town Council for adoption on August 18, 2026, and will take effect 30 days after adoption.

COORDINATION:

This item was coordinated with all Town Departments.

ENVIRONMENTAL ASSESSMENT:

The proposed ordinance amendments will not impact the physical environment and are therefore not a project subject to the California Environmental Quality Act.

Attachments:

1. Clean Draft Omnibus Ordinance

2. Redline Omnibus Ordinance

ITEM NO. 16.
1 of 12
Ordinance June 16, 2026

DRAFT ORDINANCE

AN OMNIBUS ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

AMENDING THE TOWN OF LOS GATOS TOWN CODE TO CORRECT GRAMMATICAL

ERRORS, CLARIFY LANGUAGE, CONFORM THE CODES TO CURRENT STATE LAW,

CONFORM CODES TO ADMINISTRATIVE PRACTICES AND FACTS, AND TO MAKE

OTHER ADMINISTRATIVE, TECHNICAL, AND NON-SUBSTANTIVE AMENDMENTS WHEREAS, the Town Council periodically reviews the Town Code to identify provisions requiring updates, corrections, and revisions; and
WHEREAS, the amendments contained in this Ordinance are part of a comprehensive omnibus update addressing multiple sections of the Town Code; and WHEREAS, the purpose of this omnibus Ordinance is to consolidate various amendments into a single legislative action for efficiency, clarity, and ease of administration; and WHEREAS, the amendments consist primarily of technical corrections, clarification of existing provisions, and updates to reflect current practices and legal requirements; and WHEREAS, such amendments include, but are not limited to, correction of typographical errors, updating of cross-references, and reorganization of Town Code provisions; and WHEREAS, the Town Council finds that the amendments do not result in significant substantive changes to existing policies or regulations unless expressly stated; and WHEREAS, the amendments set forth in this Ordinance affect various titles, chapters, and sections of the Town Code as more fully described herein; and WHEREAS, certain amendments are necessary to ensure consistency with state and federal law;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Purpose.

This omnibus ordinance makes several changes to the Town of Los Gatos Town Code to correct grammatical errors, clarify language, conform the codes to current state law, conform codes to administrative practices and facts, and to make other administrative, technical, and nonsubstantive amendments.

SECTION II. Amendments – Town Code.

ATTACHMENT 1

ITEM NO. 16.
2 of 12
Ordinance June 16, 2026
The Town of Los Gatos Town Code is hereby amended as follows:

1. Section 1.40.105, “Satisfaction of lien/special assessment” of Chapter 1, “General Provisions,” is hereby amended to read as follows to update the references to current Town position titles:
“Once payment in full is received by the Town for outstanding penalties and costs, the Administrative Services Director shall:”

2. Section 2.30.025, “Delegation of certain duties” of Chapter 2, is amended to read as follows to update the references to current Town position titles and to clarify the language:
“(a) Signing check-warrants. The Town Treasurer shall sign all check-warrants drawn on the Town Treasury. The Town Manager or designee, shall countersign all check-warrants drawn on the Town Treasury. In the absence of the Town Treasurer, designee for the Town Treasurer may be appointed by the Town Manager and is authorized to sign check-warrants as prescribed herein. If the Town Treasurer or designee, or the Town Manager or designee does not sign check-warrants within the prescribed time limits established by Town Council resolution, the Town Mayor or Vice-Mayor may review and sign check-warrants.
(b) Town bank accounts. All Town bank accounts will have any of the following two (2) signatories. Any two (2) of the following are required to process checks/warrants:
(1) Town Treasurer or Administrative Services Director; (2) Town Manager or Designee;
(3) Mayor.
(c) Delegation of investment function. The Council is responsible for the delegation of authority and responsibility for investments. The Council's delegate for investments shall annually provide an updated investment policy.

The primary goal of the policy shall be the safekeeping of the Town's deposits and investments. In addition, the policy shall:
(1) Reflect that the Town will deposit no more than the exempted amount set forth in Government Code section 53638 in any financial institution unless the net worth of the institution at the time of the individual deposit exceeds the Town's deposit in accordance with Government Code section 53638. (2) Limit consolidation of the Town's investments or deposits to no more than ten (10) percent of the Town's entire portfolio (except the Local Agency Investment Fund [L.A.I.F.], which can be higher).

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(3) Establish criteria for evaluating the minimum financial strength of banks and savings and loans eligible for Town deposits and criteria for evaluating the minimum investment grade for securities eligible for Town investments. (d) Acceptance of conveyances. The Town Engineer may accept on behalf of the Town any conveyance of an interest in real property and execute instruments of acceptance, including certificates of acceptance under the provisions of Government Code section 27281.
(e) Signing standard development contracts. The Town Manager may sign, on behalf of the Town, standard development, improvement and dedication contracts when such contracts are connected with conditions on land development, imposed in land division or zoning proceedings. (f) Signing written agreements. The Town Council may authorize the Town Manager to sign, on behalf of the Town, specific written agreements.”

3. Section 2.30.035, “Delegation of Town Clerk and Town Treasurer Authority” of Chapter 2, “Administration,” is hereby amended to read as follows to update the references to current Town position titles:
“The authority granted to the Town Council pursuant to section 36510 of the Government Code is hereby delegated to the Town Manager, who is authorized to select, appoint, supervise, and compensate as the Town Manager deems necessary within the ranges authorized by the Town Council, the Town Clerk and Town Treasurer. This delegation shall supercede any and all prior actions taken by the Town Council regarding the establishment, responsibilities, selection and compensation of the Town Treasurer, and Town Clerk.”

4. Section 2.30.295, “Powers and duties – Generally” of Chapter 2, “Administration,” is hereby amended to read as follows to clarify the language:
“The Town Manager shall be the administrative head of the Town Government under the direction and control of the Town Council, except as otherwise provided in this article. The Town Manager shall be responsible for the efficient administration of all the affairs of the Town which are under the Town Manager's control. In addition to the general powers as administrative head, and not as a limitation thereon, the Town Manager shall have the following powers and duties:
(1) Law enforcement. To see that this Code and any other laws and ordinances of the Town are duly enforced, and that all franchises, permits and privileges granted by the Town are faithfully observed, and to report to the Town Council any violations thereof.

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(2) Supervision of employees. To control, order and give directions to all heads of departments, subordinate officers and employees of the Town, except the Town Attorney; to transfer employees from one (1) department to another; and to consolidate or combine offices, positions, departments or units under the Town Manager's direction; provided, that nothing contained in this article shall be construed to supersede the civil service system of the Town. (3) Hiring and firing. To appoint and remove any officers and employees of the Town except the Town Attorney, subject to the civil service system of the Town.
(4) Departmental control. To exercise control over all departments of the Town Government and over all appointive officers and employees thereof, except the Town Attorney.
(5) Attendance at meetings. To either attend all meetings of the Town Council or designate another Town employee to attend in his or her stead unless excused therefrom by the Town Council, except when the Town Manager's removal is under consideration by the Town Council.
(6) Budget. To prepare the budget annually and submit it to the Town Council and be responsible for its administration after adoption. (7) Annual report. To prepare and submit to the Town Council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the Town for the preceding year.
(8) Needs and financial condition of Town. To keep the Town Council advised on the financial condition and future needs of the Town and make such recommendations as may seem desirable.
(9) Examination of employee conduct. To examine, or cause to be examined, without notice, the conduct of any officer or employee of the Town. (10) Advisory boards, etc. To appoint such advisory boards or committees of citizens as the Town Manager may deem desirable, with the growth of the Town, to advise and assist the Town Manager in the Town Manager's work; provided, that such persons shall not receive any compensation. (11) Personnel officer. To act as personnel officer until the Town Council shall establish a separate office therefor.
(12) Investigation of complaints. To investigate all complaints in relation to matters concerning the administration of the Town Government. (13) Supervision over Town property. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Town Council and not specifically delegated to a particular board or officer.

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(14) Devotion to duty. To devote the person's entire time to the duties of the Town Manager's office and interests of the Town.
(15) Civic activities. To provide leadership for civic movements designed to benefit the residents of the Town when so authorized by the Town Council. (16) Ex officio membership on boards, etc. The Town Manager shall be an ex officio member of all boards and commissions appointed by the Mayor or Town Council pursuant to law, with a right to participate in all deliberations or actions by voice but without vote.
(17) Others. To perform such other duties and exercise such other powers as may be delegated to the Town Manager from time to time by resolution of the Town Council.”

5. Section 2.30.620, “Filing Campaign Statements” of Chapter 2, “Administration,” is hereby amended to read as follows to update the references to current Town position titles:
“Any elected officer, candidate, or committee required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such Statements using the online system according to procedures established by the Town Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after February 1, 2019, elected officers, candidates, and committees required to file Statements must file such Statements using the online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a).”

6. Section 2.30.945, “Same - Meetings” of Chapter 2, “Administration,” is hereby amended to read as follows to clarify the language:
“The Personnel Board shall determine the order of business for the conduct of its meetings, and shall meet as needed, or on call of the Chair or two (2) members of the Board. Three (3) members of the Board shall constitute a quorum for the transaction of business.”

7. The title of Section 2.50.010, “Office of the Director of Finance established” of Chapter 2, “Administration,” is hereby amended to read as follows to update the references to current Town position titles:
“Office of the Administrative Services Director established”

8. Section 2.50.010, “Office of the Administrative Services Director established,” previously titled “Office of the Director of Finance established” of Chapter 2, “Administration,” is

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hereby amended to read as follows to update the references to current Town position titles and to clarify the language:
“(a) The Administrative Services Director shall be the Accounting Officer of the Town and shall have the responsibility for performing all accounting functions for the Town. The Administrative Services Director shall be appointed by the Town Manager or Town Manager's delegate. (b) The Administrative Services Director shall maintain records readily reflecting the financial condition of the Town.
(c) The Administrative Services Director shall cause a summary of the Town's financial report required by Government Code section 53891, in a form prescribed by the State Controller, to be published in accordance with Government Code sections 40804 and 40805.
(e) The Administrative Services Director shall cause a cash forecast to be prepared and distributed quarterly to the Town Treasurer.” (f) The Administrative Services Director shall develop a financial policies and procedures manual.”
(g) The Treasurer is to notify the Administrative Services Director of all transfers, investments, and deposits written by the Treasurer or Deputy Treasurer.”

9. Section 14.10.010, “Definitions,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” is hereby amended to read as follows to update the references to current Town position titles:
“For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Business means professions, trades and occupations and every kind of calling carried on for profit or livelihood, including the business of renting or leasing apartments.

E-commerce means commercial transactions conducted electronically on the Internet.

Fixed place of business means the premises occupied for the particular purpose of conducting the business thereat, and regularly kept open for that purpose, with a competent person in attendance for the purpose of attending to such business. Included in such term is the premises rented or leased by persons owning apartments located in the Town.

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Gross receipts means the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, for which a charge is made or credit allowed, whether or not such service, act or employment is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in such term shall be all receipts, cash, credits and property of any kind or nature, and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor, or service costs, interest paid or payable or losses or other expenses whatsoever.

Excluded from such term shall be cash discounts allowed and taken on sales, any tax required by law to be included in, or added to, the purchase price and collected from the consumer or purchaser, and such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.

Home occupation has the same meanings as it does in the zoning ordinance.

Jobbing business means any business conducted solely for the purpose of selling goods, wares or merchandise in job lots to wholesale merchants for resale at wholesale to the trade by such wholesale merchants.

Quarter means a period of three (3) calendar months. The quarters begin on the first day of January, April, July and October of each year. The quarter shall include fractions thereof.

Real estate broker means the managing broker and/or partner of any real estate office.

Retail business means any business conducted for the purpose of selling, or offering to sell, any goods, wares or merchandise, other than as a part of a wholesale business and jobbing business.

Tax collector is the Administrative Services Director or designee.

Vehicle means any device in, upon or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

Wholesale business means any business conducted solely for the purpose of selling goods, wares or merchandise in wholesale lots to retail merchants for resale at retail to the trade by such retail merchants.”

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10. Subsection 3 in Section (r) in Section 14.70.070, “Sidewalk vending standards,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” is hereby amended to read as follows to replace the reference to “pushcarts” with a reference to “vending devices” in order to render the ordinance internally consistent:
“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 vending device.”

11. Section (g) in Section 14.100.065, “Violations,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” is hereby amended to read as follows to correct a clerical error:
“It shall be a misdemeanor for any special event participant to fail or refuse to comply with a revocation order made pursuant to section 14.100.050.

12. Section 15.90.045, “Reporting requirements for funds,” of Chapter 15, “Motor Vehicles and Traffic,” is hereby amended to read as follows to update the references to current Town position titles and to clarify the language:
“The Administrative Services Director or designee shall comply with the public reporting requirements for the construction activities mitigation fee fund and accounts therein within one hundred eighty (180) days of the end of each fiscal year as specified in Government Code § 66006(b), or any applicable successor statute. The Administrative Services Director or designee shall also present the public reports to the Town Council for review at the first regular meeting that occurs not less than fifteen (15) days after the reports are made available to the public as specified in Government Code § 66006(b), or any applicable successor statute.”

13. Section 18.10.035, “Nonessential or unauthorized use of water” of Chapter 18, “Offenses and Miscellaneous Provisions,” is hereby deleted entirely to remove the language due to an expired urgency ordinance.

14. Section 1 in Section 19.10.027, “Animals in parks,” of Chapter 19, “Parks and Recreation,” is hereby amended to read as follows to comply with federal law:
“The owner or person with the right to control any dog or animal shall keep such dog or animal under physical restraint by means of a leash not to exceed six (6) feet in length at all times. Electronic or verbal commands do not meet leash requirements. This section does not apply to guide dogs, signal dogs or service dogs as defined in California Penal Code section 365.5 or to service animals as defined in federal law if they are exempted from the requirement pursuant to federal law.”

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15. Subsection 3 in Section (b) in Section 23.30.020, “Same-Bonds and insurance required,” of Chapter 23, “Streets and Sidewalks,” is hereby amended to read as follows to provide flexibility with regard to the amount of liability insurance coverage to be required:
“Proof of public liability insurance in a minimum of two million dollars ($2,000,000.00), unless otherwise specified by the Town Manager, combined single limit per occurrence in the form and providing the same endorsement for additional insured specified in subsection (a) above.”

16. Section (c) in Section 23.30.020, “Same-Bonds and insurance required,” of Chapter 23, “Streets and Sidewalks,” is hereby amended to read as follows to provide that the amount of insurance coverage to be provided is related to the level of risk associated with the work rather than contract amount:
“Should the Director of Building and Engineering Services determine that the work proposed constitutes a dangerous or intrusive type of work so that completion of the work is necessary then the Director may require that increased insurance coverage or a performance bond or other sufficient security in the amount of the value of the work be posted prior to issuance of the permit.”

17. The title of Section 25.10.030, “Same – Finance Director designated Collector,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references to current Town position titles:
“Same – Administrative Services Director designated Collector”

18. Section 25.10.030, “Same – Administrative Services Director designated Collector,” previously titled “Same – Finance Director designated Collector,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references to current Town position titles:
“The Administrative Services Director is designated as the Town's Tax and License Collector.”

19. Section 25.30.010, “Definitions,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references to current Town position titles:
“For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Hotel means any structure, or any portion of any structure, which is occupied or intended to be designed for occupancy by transients for dwelling, lodging or

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sleeping purposes, and includes any hotel, inn, tourist home or house, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.

Occupancy means the use or possession, or the right to the use or possession, of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.

Operator means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs the operator's functions through a managing or booking agent of any type or character other than an employee, including but not limited to an online travel company the managing/booking agent shall also be deemed an operator for the purposes of this article, and shall have the same duties and liabilities as the managing agent's principal.

Compliance with the provisions of this article by either the principal or the managing/booking agent shall, however, be considered to be compliance by both.

Online Travel Company means any person, whether operating for profit or not for profit, which enables transients to purchase occupancy of space in a hotel via the Internet, or by similar electronic means.

Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Rent means the total consideration charged, to the transient, (including but not limited to, room rates, service charges, retail markup, commissions, processing fees, cancellation charges, attrition fees or online booking fees), whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

Tax Administrator means the Administrative Services Director of the Town.

Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portion of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired, unless

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there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this article may be considered.”

20. Section (a) of Section 25.50.020, “Definitions,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references to current Town position titles:
“Administrator shall mean the Administrative Services Director of the Town.” SECTION III. 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 IV. 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 V. Publication.

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

SECTION VI. Effective Date.

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. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 4 th day of August,
2026, and is scheduled for adoption by the Town Council of the Town of Los Gatos at its regular meeting on the 18th day of August, by the following vote:

COUNCIL MEMBERS:

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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

ITEM NO. 16.
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REDLINE OMNIBUS ORDINANCE
The following changes are proposed:

1. Section 1.40.105, “Satisfaction of lien/special assessment” of Chapter 1, “General Provisions,” is hereby amended to read as follows to update the references to current Town position titles:
“Once payment in full is received by the Town for outstanding penalties and costs, the Administrative Services Director Director of Finance shall:”

2. Section 2.30.025, “Delegation of certain duties” of Chapter 2, is amended to read as follows to update the references to current Town position titles and to clarify the language:
“(a) Signing check-warrants. The Town Treasurer Finance Director shall countersign all check-warrants drawn on the Town Treasury. The Town Manager or designee Treasurer, or appointed deputy, shall countersign all check-warrants drawn on the Town Treasury. In the absence of the Town Treasurer Finance Director, the Town Manager or designee for the Town Treasurer Assistant Town Manager are may be appointed by the Town Manager and is authorized to sign check-warrants as prescribed herein. If the Town Treasurer or designee, or the Town Manager or designee Treasurer's appointed deputy does not sign check-warrants within the prescribed time limits established by Town Council resolution, the Town Mayor or Vice-Mayor may review and sign check-warrants.” (b) Town bank accounts. All Town bank accounts will have any of the following two (2) signatories. Any two (2) of the following are required to process checks/warrants:
(1) Town Treasurer or Administrative Services Director; (2) Town Manager or Designee Finance Director;”
(3) Mayor.
(c) Delegation of investment function. The Council is responsible for the delegation of authority and responsibility for investments. The Council's delegate for investments shall annually provide an updated investment policy.

The primary goal of the policy shall be the safekeeping of the Town's deposits and investments. In addition, the policy shall:
(1) Reflect that the Town will deposit no more than the exempted amount set forth in Government Code section 53638 in any financial institution unless the net worth of the institution at the time of the individual deposit exceeds the Town's deposit in accordance with Government Code section 53638.

ATTACHMENT 2

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(2) Limit consolidation of the Town's investments or deposits to no more than ten (10) percent of the Town's entire portfolio (except the Local Agency Investment Fund [L.A.I.F.], which can be higher).
(3) Establish criteria for evaluating the minimum financial strength of banks and savings and loans eligible for Town deposits and criteria for evaluating the minimum investment grade for securities eligible for Town investments. (d) Acceptance of conveyances. The Town Engineer may accept on behalf of the Town any conveyance of an interest in real property and execute instruments of acceptance, including certificates of acceptance under the provisions of Government Code section 27281.
(e) Signing standard development contracts. The Town Manager may sign, on behalf of the Town, standard development, improvement and dedication contracts when such contracts are connected with conditions on land development, imposed in land division or zoning proceedings. (f) Signing written agreements. The Town Council may authorize the Town Manager to sign, on behalf of the Town, specific written agreements.”

3. Section 2.30.035, “Delegation of Town Clerk and Town Treasurer Authority” of Chapter 2, “Administration,” is hereby amended to read as follows to update the references to current Town position titles:
“The authority granted to the Town Council pursuant to section 36510 of the Government Code is hereby delegated to the Town Manager, who is authorized to select, appoint, supervise, and compensate as the Town Manager deems necessary within the ranges authorized by the Town Council, the Town Clerk and Town Treasurer. This delegation shall supercede any and all prior actions taken by the Town Council regarding the establishment, responsibilities, selection and compensation of the Town Treasurer, and Town Clerk and Clerk Administrator.”

4. Section 2.30.295, “Powers and duties – Generally” of Chapter 2, “Administration,” is hereby amended to read as follows to clarify the language:
“The Town Manager shall be the administrative head of the Town Government under the direction and control of the Town Council, except as otherwise provided in this article. The Town Manager shall be responsible for the efficient administration of all the affairs of the Town which are under the Town Manager's control. In addition to the general powers as administrative head, and not as a limitation thereon, the Town Manager shall have the following powers and duties:

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(1) Law enforcement. To see that this Code and any other laws and ordinances of the Town are duly enforced, and that all franchises, permits and privileges granted by the Town are faithfully observed, and to report to the Town Council any violations thereof.
(2) Supervision of employees. To control, order and give directions to all heads of departments, subordinate officers and employees of the Town, except the Town Clerk, Town Treasurer and Town Attorney; to transfer employees from one (1) department to another; and to consolidate or combine offices, positions, departments or units under the Town Manager's direction; provided, that nothing contained in this article shall be construed to supersede the civil service system of the Town.
(3) Hiring and firing. To appoint and remove any officers and employees of the Town except the Town Clerk, Town Treasurer and Town Attorney, subject to the civil service system of the Town.
(4) Departmental control. To exercise control over all departments of the Town Government and over all appointive officers and employees thereof, except the Town Clerk, Town Treasurer and Town Attorney.
(5) Attendance at meetings. To either attend all meetings of the Town Council or designate another Town employee to attend in his or her stead unless excused therefrom by the Town Council, except when the Town Manager's removal is under consideration by the Town Council.
(6) Budget. To prepare the budget annually and submit it to the Town Council and be responsible for its administration after adoption. (7) Annual report. To prepare and submit to the Town Council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the Town for the preceding year.
(8) Needs and financial condition of Town. To keep the Town Council advised on the financial condition and future needs of the Town and make such recommendations as may seem desirable.
(9) Examination of employee conduct. To examine, or cause to be examined, without notice, the conduct of any officer or employee of the Town. (10) Advisory boards, etc. To appoint such advisory boards or committees of citizens as the Town Manager may deem desirable, with the growth of the Town, to advise and assist the Town Manager in the Town Manager's work; provided, that such persons shall not receive any compensation. (11) Personnel officer. To act as personnel officer until the Town Council shall establish a separate office therefor.

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(12) Investigation of complaints. To investigate all complaints in relation to matters concerning the administration of the Town Government. (13) Supervision over Town property. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Town Council and not specifically delegated to a particular board or officer.
(14) Devotion to duty. To devote the person's entire time to the duties of the Town Manager's office and interests of the Town.
(15) Civic activities. To provide leadership for civic movements designed to benefit the residents of the Town when so authorized by the Town Council. (16) Ex officio membership on boards, etc. The Town Manager shall be an ex officio member of all boards and commissions appointed by the Mayor or Town Council pursuant to law, with a right to participate in all deliberations or actions by voice but without vote.
(17) Others. To perform such other duties and exercise such other powers as may be delegated to the Town Manager from time to time by resolution of the Town Council.”

5. Section 2.30.620, “Filing Campaign Statements” of Chapter 2, “Administration,” is hereby amended to read as follows to update the references to current Town position titles:
“Any elected officer, candidate, or committee required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such Statements using the Town Clerk Administrator's online system according to procedures established by the Town Clerk Administrator. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after February 1, 2019, elected officers, candidates, and committees required to file Statements must file such Statements using the Town Clerk Administrator's online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a).”

6. Section 2.30.945, “Same - Meetings” of Chapter 2, “Administration,” is hereby amended to read as follows to clarify the language:
“The Personnel Board shall determine the order of business for the conduct of its meetings, and shall meet as needed at least annually, or on call of the Chair or two (2) members of the Board. Three (3) members of the Board shall constitute a quorum for the transaction of business.”

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7. The title of Section 2.50.010, “Office of the Director of Finance established” of Chapter 2, “Administration,” is hereby amended to read as follows to update the references to current Town position titles:
“Office of the Administrative Services Director Director of Finance established”

8. Section 2.50.010, “Office of the Administrative Services Director established,” previously titled “Office of the Director of Finance established” of Chapter 2, “Administration,” is hereby amended to read as follows to update the references to current Town position titles and clarify the language:
“(a) The Administrative Services Director Director of Finance shall be the Accounting Officer of the Town and shall have the responsibility for performing all accounting functions for the Town. The Administrative Services Director Director of Finance shall be appointed by the Town Manager or Town Manager's delegate.
(b) The Administrative Services Director Director of Finance shall maintain records readily reflecting the financial condition of the Town.” (c) The Administrative Services Director Director of Finance shall cause a summary of the Town's financial report required by Government Code section 53891, in a form prescribed by the State Controller, to be published in accordance with Government Code sections 40804 and 40805. (d) The transfer of the financial and accounting duties imposed upon the City Clerk by the Government Code to the Director of Finance shall not affect the duties of the Clerk to sign check warrants as set forth in section 2.30.025. (e) The Administrative Services Director Director of Finance shall cause a cash forecast to be prepared and distributed quarterly to the Town Treasurer. (f) The Administrative Services Director Director of Finance shall develop a financial policies and procedures manual.
(g) The Treasurer is to notify Administrative Services Director Director of Finance of all transfers, investments, and deposits written by the Treasurer or Deputy Treasurer.”

9. Section 14.10.010, “Definitions,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” is hereby amended to read as follows to update the references to current Town position titles:
“For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Business means professions, trades and occupations and every kind of calling

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carried on for profit or livelihood, including the business of renting or leasing apartments.

E-commerce means commercial transactions conducted electronically on the Internet.

Fixed place of business means the premises occupied for the particular purpose of conducting the business thereat, and regularly kept open for that purpose, with a competent person in attendance for the purpose of attending to such business. Included in such term is the premises rented or leased by persons owning apartments located in the Town.

Gross receipts means the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, for which a charge is made or credit allowed, whether or not such service, act or employment is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in such term shall be all receipts, cash, credits and property of any kind or nature, and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor, or service costs, interest paid or payable or losses or other expenses whatsoever.

Excluded from such term shall be cash discounts allowed and taken on sales, any tax required by law to be included in, or added to, the purchase price and collected from the consumer or purchaser, and such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.

Home occupation has the same meanings as it does in the zoning ordinance.

Jobbing business means any business conducted solely for the purpose of selling goods, wares or merchandise in job lots to wholesale merchants for resale at wholesale to the trade by such wholesale merchants.

Quarter means a period of three (3) calendar months. The quarters begin on the first day of January, April, July and October of each year. The quarter shall include fractions thereof.

Real estate broker means the managing broker and/or partner of any real estate office.

Retail business means any business conducted for the purpose of selling, or offering to sell, any goods, wares or merchandise, other than as a part of a

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wholesale business and jobbing business.

Tax collector is the Administrative Services Director Finance Director or designee.

Vehicle means any device in, upon or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

Wholesale business means any business conducted solely for the purpose of selling goods, wares or merchandise in wholesale lots to retail merchants for resale at retail to the trade by such retail merchants.”

10. Subsection 3 in Section (r) in Section 14.70.070, “Sidewalk vending standards,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” is hereby amended to read as follows to replace the reference to “pushcarts” with a reference to “vending devices” in order to render the ordinance internally consistent:
“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 vending device.”

11. Section (g) in Section 14.100.065, “Violations,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” is hereby amended to read as follows to correct a clerical error:
“It shall be a misdemeanor for any special event participant to fail or refuse to comply with a revocation order made pursuant to section 14.100.070 050.

12. Section 15.90.045, “Reporting requirements for funds,” of Chapter 15, “Motor Vehicles and Traffic,” is hereby amended to read as follows to update the references to current Town position titles:
“The Administrative Services Director Director of Finance or designee shall comply with the public reporting requirements for the construction activities mitigation fee fund and accounts therein within one hundred eighty (180) days of the end of each fiscal year as specified in Government Code § 66006(b), or any applicable successor statute. The Administrative Services Director Director of Finance or designee shall also present the public reports to the Town Council for review at the first regular meeting that occurs not more less than fifteen (15) days after the reports are made available to the public as specified in Government Code § 66006(b), or any applicable successor statute.”

13. Section 18.10.035, “Nonessential or unauthorized use of water” of Chapter 18, “Offenses and Miscellaneous Provisions,” is hereby deleted entirely to remove the language due to

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an expired urgency ordinance.

14. Section 1 in Section 19.10.027, “Animals in parks,” of Chapter 19, “Parks and Recreation,” is hereby amended to read as follows to comply with federal law:
“The owner or person with the right to control any dog or animal shall keep such dog or animal under physical restraint by means of a leash not to exceed six (6) feet in length at all times. Electronic or verbal commands do not meet leash requirements. This section does not apply to guide dogs, signal dogs or service dogs as defined in California Penal Code section 365.5 or to service animals as defined in federal law if they are exempted from this requirement pursuant to federal law.”

15. Subsection 3 in Section (b) in Section 23.30.020, “Same-Bonds and insurance required,” of Chapter 23, “Streets and Sidewalks,” is hereby amended to read as follows to provide flexibility with regard to the amount of liability insurance coverage to be required:
“Proof of public liability insurance in a minimum of one million dollars ($1,000,000.00) a minimum of two million dollars ($2,000,000.00), unless otherwise specified by the Town Manager, combined single limit per occurrence in the form and providing the same endorsement for additional insured specified in subsection (a) above.”

16. Section (c) in Section 23.30.020, “Same-Bonds and insurance required,” of Chapter 23, “Streets and Sidewalks,” is hereby amended to read as follows to provide that the amount of insurance coverage to be provided is related to the level of risk associated with the work rather than contract amount:
“Should the Director of Building and Engineering Services determine that the work proposed is valued at less than five thousand dollars ($5,000.00) but that it constitutes a dangerous or intrusive type of work so that completion of the work is necessary then the Director may require that increased insurance coverage or a performance bond or other sufficient security in the amount of the value of the work be posted prior to issuance of the permit.”

17. The title of Section 25.10.030, “Same – Finance Director designated Collector,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references to current Town position titles:
“Same – Administrative Services Director Finance Director designated Collector”

18. Section 25.10.030, “Same – Administrative Services Director designated Collector,” previously titled “Same – Finance Director designated Collector,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references

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to current Town position titles:
“The Administrative Services Director Finance Director is designated as the Town's Tax and License Collector.”

19. Section 25.30.010, “Definitions,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references to current Town position titles:
“For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Hotel means any structure, or any portion of any structure, which is occupied or intended to be designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.

Occupancy means the use or possession, or the right to the use or possession, of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.

Operator means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs the operator's functions through a managing or booking agent of any type or character other than an employee, including but not limited to an online travel company the managing/booking agent shall also be deemed an operator for the purposes of this article, and shall have the same duties and liabilities as the managing agent's principal.

Compliance with the provisions of this article by either the principal or the managing/booking agent shall, however, be considered to be compliance by both.

Online Travel Company means any person, whether operating for profit or not for profit, which enables transients to purchase occupancy of space in a hotel via the Internet, or by similar electronic means.

Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Rent means the total consideration charged, to the transient, (including but not limited to, room rates, service charges, retail markup, commissions, processing

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fees, cancellation charges, attrition fees or online booking fees), whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

Tax Administrator means the Administrative Services Director Finance Director of the Town.

Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portion of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this article may be considered.”

20. Section (a) of Section 25.50.020, “Definitions,” of Chapter 25, “Revenue and Taxation,” is hereby amended to read as follows to update the references to current Town position titles:
“Administrator shall mean the Administrative Services Director Finance Director of the Town.”

ITEM NO. 16.

PREPARED BY: Gabrielle Whelan, Town Attorney, and Bridgette Falconio, Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Administrative Services Director, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 8/4/26
ITEM NO: 17
DATE: July 30, 2026
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Electronic Pet Containment and Town’s Fence Regulations RECOMMENDATION: Receive information regarding electronic pet containment and the Town’s existing fence regulations and provide direction to staff.

FISCAL IMPACT:

This informational report does not have a fiscal impact.

STRATEGIC PRIORITY:

This informational report supports transparent Council consideration of a resident’s request. It is not related to an adopted Strategic Priority and does not, by itself, establish a new work program. Council consideration is necessary to determine if the Town Council desires to deploy staff resources for this public request.

BACKGROUND:

A resident provided the Town Council with information pertaining to electronic pet containment systems and requested that the Town Council consider amending the Town Code to allow for the use of electronic pet containment systems. (Attachment 1.) Specifically, the resident asked that the Town Council consider amending Town Code Section 4.40.005 to recognize hidden underground electronic fence systems as an additional method of pet containment. In response, the Town Council requested a brief informational report on this topic.

ITEM NO. 17.

PAGE 2 OF 5
SUBJECT: Electronic Pet Containment and Town’s Fence Regulations DATE: August 4, 2026
One common type of electronic pet containment system is a wired invisible fence. The system uses a wire buried around the perimeter of a property to establish a designated boundary for the pet.

The State of California does not prohibit the use of electronic fences for ordinary pet containment. However, state law regarding “potentially dangerous or vicious dogs” requires an “enclosure,” which is defined as “a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed to prevent the animal from escaping . . . .” (Food and Agricultural Code Sections 31601-31683.) Thus, for potentially dangerous or vicious dogs, this language requires a physical fence as opposed to an electronic pet containment system.

Town Code Section 4.40.005(a) currently requires that pets be contained or on a leash. If pets are contained by a fence, the fence is required to be six feet tall. Section 4.40.005(a) reads as follows:

Sec. 4.40.005. - Restraint of dogs.
(a) The owner or person with the right to control any dog shall keep such dog under the owner's own physical restraint by means of a leash not to exceed six (6) feet in length, or shall keep such dog confined behind a fence not less than six (6) feet high. This section shall not apply to the following:
(1) Guide dogs for the blind or deaf while performing their duties;
(2) Dogs participating in field or obedience trails or
exhibitions as permitted by the Town;
(3) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities;
(4) Dogs assisting their owner/handler in legal hunting or in the herding of livestock;
(5) Dogs within an off-leash area designated by the Town; (6) Dogs being trained for any of the above purposes on private land with permission of the landowner, so long
as such dogs are under direct control of such
individuals to assure that they do not violate any other provision of law.

Town Code Sections 29.40.030 through 29.40.0330 address fences in residential zones.

Because it is important to read these provisions of the code together, a copy of those Sections are attached. (Attachment 2.)

ITEM NO. 17.

PAGE 3 OF 5
SUBJECT: Electronic Pet Containment and Town’s Fence Regulations DATE: August 4, 2026
Town Code Section 29.40.0315 prohibits solid fences in hillside areas and requires that perimeter fencing on properties of one acre or more, be wildlife friendly.

Town Code Section 29.40.0310 defines “wildlife-friendly fence” as:
a fence that allows any animal, regardless of size, to climb under, pass through, or jump over, with a maximum height of 42 inches and a minimum distance between the bottom rail and the ground of 18 inches.

When Sections 4.40.005 and 29.40.0315 are read together, they prohibit a hillside animal owner on a property of one acre or more from building a perimeter fence at the property line to contain the animal. The height that Section 4.40.005 requires is a height that is prohibited by Section 29.40.0315. This does not appear to have been a deliberate policy choice. Section

4.40.005 predates adoption of Section 29.40.0315. Both Sections predate widespread consumer availability of buried-wire containment technology, which was patented in 1973 and first became widely available 1989-1993.

Town Code Section 29.40.0320 authorizes the Community Development Director to grant exceptions to the Town’s fence regulations when specified conditions are present. Subsection (d) authorizes an exception when “a special security concern exists that cannot be practically addressed through alternatives.” Subsection (e) authorizes an exception when “a special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.”
DISCUSSION:

Attached is information prepared by the resident who made the request (Attachment 1) as well as articles published by the Whole Dog Journal and VCA Pet Hospitals (Attachment 3).

Based on public comment and review of industry publications, staff has identified the following pros of allowing pet owners to use electronic pet containment systems:
1) Removes a conflict between Town Code Sections 4.40.005 and 29.40.0315 affecting hillside properties of one acre or more;
2) Allows wildlife movement, which is consistent with the “Room to Roam Act” (described below);
3) Provides hillside property owners on property of one acre or more with a cost-effective tool to assist with keeping their pets on their property while preserving the appearance of the Town’s hillsides; and
4) Covers large acreage and adapts to hilly areas where fences are difficult to build.

The cons are:
1) Pain to animals related to an electric shock.

ITEM NO. 17.

PAGE 4 OF 5
SUBJECT: Electronic Pet Containment and Town’s Fence Regulations DATE: August 4, 2026
2) While the electronic fences are designed to keep pets in, the electronic fences do not keep other dogs, stray animals, or wildlife off property and away from pets. 3) Pets can still leave the property if they are sufficiently motivated or the power goes out or the collar battery dies; and
4) Verification of compliance with fencing requirement is more challenging.

To date, staff has identified the following local jurisdictions in California that allow the use of electric pet containment fences:

Jurisdiction Code Section
Scope of
Authorization
Relevant Language /
Summary
Conditions or
Limitations
County of
San Diego
San Diego County
Code § 62.669
General dogcontrol
provision
Recognizes an “electronic
pet containment system” as
one method by which a dog
may be effectively
controlled, in addition to
voice control or physical
restraint.

Applies to dogs;
electronic containment
is treated as an
alternative method of
control.

City of Del
Mar
Del Mar Municipal
Code § 4.04.020,
incorporating
specified San Diego
County animalcontrol provisions
General dogcontrol
provision
Incorporates San Diego
County law requiring owners
to effectively control dogs by
voice, an electronic pet
containment system, or
physical and humane
restraint by leash, fence, or
other enclosure.

The City's treatment
appears to derive
substantially from its
adoption of applicable
County animal-control
provisions.

City of
Salinas
Salinas Municipal
Code § 7-1
General
animalcontainment
provision
Animals are deemed to be
running at large unless
restrained or confined within
an appropriate enclosure,
“such as an electrified fence
or an electronic fence.”
Applies broadly to dogs
and other animals,
except domesticated
cats. The enclosure must
be designed to prevent
escape.

County of
Monterey
Monterey County
Code § 8.04.010
General dogcontainment
provision
Recognizes a dog as confined
within a “dog-tight
enclosure” where contained
by an “electric or electronic
fence.”
Applies to dogs in the
unincorporated County.

ITEM NO. 17.

PAGE 5 OF 5
SUBJECT: Electronic Pet Containment and Town’s Fence Regulations DATE: August 4, 2026
Jurisdiction Code Section
Scope of
Authorization
Relevant Language /
Summary
Conditions or
Limitations
City of
Rolling Hills
Rolling Hills
Municipal Code§

6.24 Aggressive
animals
Expressly permits
confinement of an
aggressive animal by “a
fence, electronic fence,
running line, pulley, or
trolley system,” or another
approved device.

Limited to aggressive
animals and subject to
requirements designed
to prevent escape.

Attached is a copy of the San Diego County ordinance authorizing the use of electronic pet containment fences (Attachment 4).

The information provided by the resident also references a new state law, the “Room to Roam Act” (Attachment 5). Assembly Bill 1889 amends Government Code Section 65302 effective January 1, 2028. After January 1, 2028, Government Code Section 65302 will require that the Conservation Element of the Town’s General Plan identify ways in which wildlife corridors can be protected in the Town.

CONCLUSION:

Town staff is requesting direction from the Town Council regarding the request that the Town Code be amended to specifically authorize the use of electronic pet containment fences.

COORDINATION:

This report was coordinated with the Community Development Department and Town Manager.

ENVIRONMENTAL ASSESSMENT:

This is an informational report and is not a project defined under CEQA.

Attachments:

1. Information provided by resident

2. Town of Los Gatos Town Code Sections 29.40.030-29.40.0330

3. Articles from VCA Animal Hospitals and Whole Dog Journal

4. San Diego County Ordinance

5. Assembly Bill 1889, “Room to Roam Act”

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 1 of 16

TECHNICAL ANALYSIS & STAFF GUIDANCE
Proposed Amendment to Los Gatos Municipal Code
Section 4.40.005(a) — Recognition of Hidden Underground Electronic Dog Fence Systems
as a Compliant Means of Dog Containment in Hillside and Wildlife Corridor Areas with Corresponding Clarification to Section 29.40.0315
Prepared by: Keith Blaine AIA LEED AP | 100 Hill Top Drive, Los Gatos, CA 95032 [email protected] | 408-784-1821
April 2026
Prepared for review by:

Town Attorney, Town of Los Gatos • Town Planning & Community Development Staff Silicon Valley Animal Control Authority (SVACA) • Santa Clara County Officials ATTACHMENT 1

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 2 of 16 Executive Summary
What is the gap?
Section 4.40.005(a) of the Los Gatos Municipal Code (Animal Code) requires dogs to be kept either on a leash or behind a fence not less than six feet high. The hillside fence regulations (§29.40.0315) prohibit solid fences in hillside areas and require that perimeter fencing on properties of one acre or greater be wildlife-friendly — a maximum of 42 inches high. The result is an unintended conflict: the Animal Code requires a six-foot fence for off-leash dog containment, while the Hillside Code prohibits that same fence. Hillside residential property owners in the Town’s 1,170 HR-zoned parcels have no currently compliant means of allowing their dogs off-leash on their own property. This appears to be an unintended gap created by older code language that predates the widespread availability of electronic pet containment technology.

What change is requested?
A two-part amendment is proposed. First, §4.40.005(a) would be amended to recognize a ULListed hidden underground electronic dog fence system — consisting of a low-voltage transmitter and buried boundary wire installed by a CA-licensed D-64 contractor — as a third compliant means of dog containment in designated hillside areas, alongside leash and physical fence. Second, a clarifying note would be added to §29.40.0315 confirming that the existing prohibition on “electric fences” refers to traditional above-ground perimeter fencing carrying live line voltage, and does not apply to buried-wire electronic containment systems as defined and permitted under the amended §4.40.005(a). A five-step permitting process with defined installation parameters is proposed to govern approval.

Why is the change consistent with wildlife protection?
Hidden underground electronic dog fence systems do not create an above-grade physical barrier to wildlife movement. The buried boundary wire carries no voltage and has no physical presence above ground. Wildlife — deer, mountain lions, coyotes, bobcats, turkeys, and foxes — pass freely through the property. Only the trained dog wearing a receiver collar is affected.

The system is fully consistent with the intent of §29.40.0305, which calls for hillside fencing to allow the free movement of wildlife. It is also aligned with AB 1889 (Room to Roam Act, effective 2028), which requires municipalities to consider wildlife-friendly fencing standards. By contrast, the interior-setback solid fencing currently used as an informal workaround by some hillside residents creates real physical barriers to wildlife movement and represents a worse outcome under the hillside fence intent policy.

Purpose of This Document
This technical analysis is prepared to assist the Town Attorney, Planning Department staff, SVACA, and Santa Clara County officials in evaluating the proposed two-part amendment to Los Gatos Municipal Code §4.40.005(a) and §29.40.0315. It is designed to make the review and adoption process as straightforward as possible by providing:

Note: Town Planning Department records confirm 1,170 HR-zoned (Hillside Residential) parcels within Town limits.1
Approximately 400 properties have had hidden underground electronic dog 1 Parcel count confirmed by Ryan Safty, Community Development Department, Town of Los Gatos, email correspondence April 2026.

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 3 of 16 fence systems installed in the Los Gatos hills and the Santa Clara County side of the Santa Cruz Mountains Area — a community-scale adoption currently operating in a legal gray area that this amendment would resolve.2
• Verbatim text of the three relevant Town Code sections for quick reference • A structured conflict and gap analysis identifying where the code fails hillside residents • Documentation of current workarounds residents are employing, with analysis of their impacts
• A summary of precedents from California, Oregon, and other jurisdictions where this technology is formally recognized
• Animal professional endorsements supporting the safety and efficacy of the technology • The proposed amendment language and five-step permitting process I. Relevant Town Code Sections — Verbatim Text
The following three sections of the Los Gatos Municipal Code are directly relevant to this amendment. They are reproduced verbatim for quick reference.

Section 4.40.005(a) — Animal Code: Restraint of Dogs
SOURCE: LGMC Chapter 4, Article IV, §4.40.005(a)
No person owning or having charge, care, custody or control of any dog shall permit such dog to be or remain off the premises of the owner of such dog unless such dog is under the owner's own physical restraint by means of a leash not to exceed six feet in length, or shall keep such dog confined behind a fence not less than six feet high.

Note: This section was written before hidden underground electronic dog fence technology existed as a viable consumer product. It has never been updated to recognize this technology as a third compliant means of containment.

Section 29.40.0305 — Hillside Fence Code: Intent
SOURCE: LGMC Chapter 29, Article IV, §29.40.0305 (enacted Ord. No. 2286, Aug. 6, 2019) The intent of these fence regulations is to preserve the natural beauty of the Town of Los Gatos, the natural movement of wildlife, and to protect traffic view areas while acknowledging that residents have the right to fence their properties to protect children, contain their animals, protect garden or agricultural areas, and maintain privacy. Specifically, within the hillside area, the intent of these fence regulations is to allow for the movement of wildlife within the hillside area.

Section 29.40.0315 — Hillside Fence Code: Prohibited Fence Types SOURCE: LGMC Chapter 29, Article IV, §29.40.0315 (as amended, Ord. No. 2286, Aug. 6, 2019; Ord.

No. 1316, June 7, 1976 as original)
2 Installation count based on information provided by Troy Dykes, D-64 Licensed Contractor, DogWatch Hidden Fences, covering installations in the Los Gatos and Santa Cruz Mountains area.

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 4 of 16 The following fence types are prohibited in the hillside area:
(a) Electric fences, including any fence designed to produce an electric shock. (b) Solid fences, including wood, masonry, concrete, or vinyl fences with more than 20% surface obstruction. (c) Buck-and-rail and double fences. On properties of one (1) acre or greater, perimeter fencing shall be wildlife-friendly fence as defined in Section 29.40.0310 — maximum 42 inches in height with an 18-inch gap at the bottom.

Note: The “electric fence” prohibition originates from Ord. No. 1316 (June 7, 1976), enacted for agricultural-style live-voltage perimeter shock fencing. Live describes an exposed conductor that carries electrical power, typically above 60 V DC or 30 V AC, which are thresholds widely considered hazardous.

Hidden underground electronic dog fence technology was patented in 1973 but had only sold 50 units by 1976 and was not a viable consumer product. The 2019 rewrite carried this prohibition forward without addressing this technology as a distinct category.

Section 29.40.0310 — Definitions
SOURCE: LGMC Chapter 29, Article IV, §29.40.0310
The following words, terms, and phrases, when used in these fence regulations, shall have the meanings ascribed to them in this section:

Buck and rail fence means a fence constructed with wood rails where the posts are arranged to form a triangle to provide the vertical structure of the fence. The horizontal rails are then attached to the triangle support posts.

Corner sight triangle means a triangular area at street intersections having sides thirty (30) feet in length, as measured from intersecting property lines.

Double fence means two (2) fences spaced a few feet apart regardless of height and material.

Driveway view area means a triangular area at the intersection of driveways and sidewalks and street intersections having sides ten (10) feet in length, as measured along the driveway's path of travel from the back of the sidewalk or street.

Fence means a structure constructed of posts, rails, wire, and/or barrier panels, used to define a boundary or as a means of protection, confinement, or visual obstruction.

Fence regulations means sections 29.40.030 through 29.40.0330.

Hillside area means all properties located within the area defined by the Hillside Area Map as contained in the Town of Los Gatos Hillside Development Standards and Guidelines.

Open view fence means a fence constructed in such a way so that no more than twenty (20) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

Perimeter fence means a fence located on the property line of a lot.

Riparian corridor means an area comprised of habitat strongly influenced and delineated by the presence of perennial or intermittent streams.

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 5 of 16 Solid fence means a fence constructed in such a way so that more than twenty (20) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

Traffic view area means the area which is within fifteen (15) feet of a street and within two hundred (200) feet of the right-of-way line of an intersection.

Wildlife-friendly fence means a fence that allows any animal, regardless of size, to climb under, pass through, or jump over, with a maximum height of forty-two (42) inches and a minimum distance between the bottom rail and the ground of eighteen (18) inches.

The following fence types are prohibited in the hillside area:

II. Conflict and Gap Analysis
The Three-Section Problem
A careful reading of the three code sections above reveals a structural gap that leaves hillside dog owners with no currently compliant means of containing their dogs off-leash on their own property. This appears to be an unintended gap created by older code language, combined with hillside-specific restrictions that were designed for environmental protection, not pet containment.

Code Section What It Requires / Prohibits Effect on Hillside Dog Owner §4.40.005(a) — Animal
Code
Dog must be on leash OR behind
a fence not less than six feet high.

Only two options recognized.

No hidden fence option
recognized. Code gap —
technology never addressed.
§29.40.0315 — Prohibited
Fences
Solid fences prohibited in hillside.

Perimeter fencing on 1+ acre
must be wildlife-friendly (max 42”,
18” ground gap).
6-foot solid fence required by
§4.40.005(a) is prohibited here.

Wildlife-friendly fence is too short
(42” vs. 72” required).
§29.40.0305 — Hillside
Fence Intent
Hillside fence regulations exist
specifically to allow the free
movement of wildlife through
corridors.

A 6-foot solid fence would directly
violate this intent even if
physically permitted. No compliant
option satisfies both codes.

Result: A hillside property owner who wishes to allow their dog off-leash in their own yard has no currently compliant option under the existing code. This appears to be an unintended gap created by older code language — a consequence of three code sections that were written at different times and have not been reconciled with each other or with technological developments over the past fifty years.

Why the Electric Fence Prohibition Does Not Apply — and Why Clarification Is Still Needed
The prohibition on “electric fences” in §29.40.0315 was written in 1976 for agricultural-style perimeter shock fencing: exposed above-ground wires carrying live line voltage. Such fencing presents real hazards — fire ignition risk in dry hillside vegetation, shock risk to people, children, wildlife, and livestock. The prohibition is valid and should be retained.

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 6 of 16 A hidden underground electronic dog fence is categorically different technology:
• The boundary wire is buried a few inches underground and carries no voltage or current • It functions as a passive radio frequency emitter only (AM and FM bands) • There is no exposed conductor, no shock hazard to people or wildlife, no fire risk • Only the trained dog wearing the receiver collar is affected — all other animals and people pass freely
The 1976 ordinance never contemplated this technology. The 2019 rewrite (Ord. No. 2286) carried the prohibition forward by inertia, not deliberate policy determination. A clarifying note to §29.40.0315 is needed to confirm that the “electric fence” prohibition refers to traditional linevoltage above-ground perimeter fencing, and does not apply to hidden underground electronic dog fence systems as defined and permitted under §4.40.005(a).

III. How the Current Code Is Failing: Resident Workarounds and Their Impacts
Because the current code provides no compliant off-leash option for hillside dog owners, residents have developed informal workarounds. These workarounds range from a responsible, wildlife-compatible solution that should be formally recognized, to harmful circumventions of the hillside fence code that produce exactly the environmental damage the code was designed to prevent.

Preferred Compliance Option: Hidden Underground Electronic Dog Fence (Currently Unrecognized)
The Town of Los Gatos Planning Department has confirmed that there are 1,170 HR-zoned (Hillside Residential) parcels within the Town limits (confirmed by Ryan Safty, Associate Planner, Community Development Department, April 2026). Of these, approximately 400 hidden underground electronic dog fence systems have already been installed across the Los Gatos and Santa Cruz Mountain hillside area by a California State Licensed D-64 Non-Specialized Contractor (DogWatch, installer Troy Dykes) — representing roughly 34% of all hillside parcels operating in a legal gray area. These systems:
• Contain the dog completely within the property boundary • Present zero physical obstruction to wildlife — deer, mountain lions, bobcats, turkeys, coyotes, and foxes pass freely through the property
• Require no grading, no above-grade materials, no structural alteration • Carry no voltage in the boundary wire — passive RF emitter only, zero fire risk • Have been recognized on-site by SVACA as valid dog containment at properties in Los Gatos
These installations exist in a legal gray area: residents have chosen the most environmentally responsible available technology, but the code does not formally recognize it. This creates enforcement uncertainty for residents, SVACA, and Town staff.

The scale of adoption is significant. With 1,170 confirmed HR-zoned parcels and approximately 400 installations already in place, this is not a niche concern — it is a community-wide issue affecting a material fraction of the hillside residential population, with growth likely as awareness increases.

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 7 of 16 Resident Community Testimony
The following is representative of the community support for this amendment, received from a Los Gatos hillside resident following the April 7, 2026 Town Council meeting:
“Through the hillside neighborhoods of Los Gatos — and across the broader Santa Cruz Mountains — Town residents have been quietly and responsibly using invisible electric fence systems for years. These installations are wildlifefriendly. Unlike solid or chain-link fencing, invisible fences present no physical barrier to deer, mountain lions, coyotes, turkeys, bobcats and other native species moving freely through our wildlife corridors. The hillside ecosystem functions as intended. Aesthetically consistent with hillside character — there are no visible structures, no fencing panels, and no visual impact on the natural landscape that defines our neighborhoods. Already recognized regionally — Silicon Valley Animal Control (SVACA) already accepts my invisible electric fence installation as a valid form of dog containment. The Town’s code simply hasn’t caught up with that regional standard.”
Resident further noted that their DogWatch system was installed by a CA Low Voltage Licensed contractor who has installed the same fence for hundreds of properties along the Santa Cruz Mountains and greater Bay Area, including multiple properties on the same street. The resident described the technology as “more comprehensive and failsafe than the current ordinance requirement” which relies on physical barriers with gates and doors that can fail.

Less Desirable Alternative: Interior-Setback Solid Fencing Town planning staff have noted (conversation with Ryan Safty, LG Planning Department, April 2026) that some hillside residents are addressing the containment problem by constructing solid fences set back a few feet from the property line, rather than on the property boundary.

Their rationale: §29.40.0315 requires that perimeter fencing (fencing at the property boundary line) be wildlife-friendly. A solid fence set back from the property line is not technically “perimeter” fencing under this reading, and therefore may not be subject to the wildlife-friendly requirement.

This workaround is problematic on multiple grounds:
• It creates solid physical barriers inside the wildlife corridor. The barrier effect on wildlife movement is identical to a property-line fence — setback by a few feet changes nothing ecologically. Solid fences fragment habitat, block species movement, and reduce genetic connectivity regardless of their distance from the property line. Environmental harm:
• This workaround is only available to residents with sufficient lot depth to set a fence back meaningfully. Smaller or more steeply sloped properties cannot use it.

It creates a two-tier system based on lot size rather than policy. Inequity:
• This interpretation has not been formally sanctioned by the Planning Department or confirmed by the Town Attorney. It is a practice that is tolerated informally, not a recognized compliant solution. Residents relying on it are exposed to potential enforcement action. Legal uncertainty:
• The express intent of §29.40.0305 is to allow wildlife movement within the hillside area. A solid fence anywhere within that area — whether on the property line or set back — undermines that intent. Contrary to intent:
• The hidden underground electronic dog fence achieves the same dog containment objective with zero above-grade structure, zero wildlife impact, and

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 8 of 16 zero visual intrusion. The interior-setback solid fence achieves containment at the cost of wildlife movement, viewshed, and hillside character. Worse outcome than hidden fence:

The interior-setback workaround is a symptom of the code gap, not a solution to it. Formally recognizing the hidden underground electronic dog fence under §4.40.005(a) would eliminate the pressure that drives residents toward this harmful workaround.

IV. Jurisdictional Precedents
Multiple California and out-of-state jurisdictions have formally recognized hidden underground electronic dog fence systems as a compliant means of dog containment, explicitly distinguishing them from traditional electric fences. These precedents provide a strong foundation for the proposed amendment.

California Precedents
San Diego County Code §62.669(c) — California’s Leading Precedent San Diego County is the most directly applicable California precedent. Section 62.669(c) of the San Diego County Code explicitly lists electronic pet containment systems as a third compliant means of dog control on private property, alongside leash and physical fence:

SEC. 62.669. RESTRAINT OF DOGS REQUIRED. (c) A dog’s owner or custodian or a person having control of a dog that is lawfully on private property shall keep the dog: (1) leashed or tethered as allowed under Health and Safety Code section 122335, (2) under direct and effective control by voice or electronic pet containment system, or (3) in a building or enclosure that is adequate to ensure the physical confinement of the dog and that also meets humane standards.

This is the precise structure proposed for Los Gatos §4.40.005(a): a third option alongside leash and physical enclosure. San Diego County’s code confirms that California law supports this formulation and that it can be implemented at the county level. Based on the jurisdictions reviewed, no Santa Clara County city or town has yet adopted equivalent language — Los Gatos appears poised to be the first in this region (subject to Town Attorney confirmation).

Los Altos Hills — Adjacent Santa Clara County Precedent The Town of Los Altos Hills, also in Santa Clara County and also a hillside community with wildlife corridor concerns, recently amended its fence ordinance (May 2025) to address wildlife corridor fencing requirements. While it does not specifically codify hidden fence technology, its approach confirms that Santa Clara County hillside jurisdictions actively manage the intersection of fencing and wildlife movement at the ordinance level.

Ventura County — Wildlife Corridor Fencing Regulations
Ventura County has implemented dedicated wildlife corridor regulations in its zoning ordinance that explicitly identify impermeable fencing as a barrier to be minimized, and establish a permitting pathway for fencing near wildlife corridors. This is the regulatory model that AB 1889 (Room to Roam Act) will require all California cities and counties to adopt by 2028.

Oregon Precedents
City of Central Point, Oregon — Express Statutory Exclusion

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 9 of 16 The City of Central Point, Oregon (City Code §17.57) provides the clearest statutory model for distinguishing hidden underground electronic dog fences from traditional electric fences. The code states:
“Electrified fence” does not include underground wireless fencing (invisible fencing) which consists of an electronic system that uses a buried wire and radio signal to keep dogs or other animals from leaving the yard, which is permitted in any zone.

This is exactly the clarification proposed for Los Gatos §29.40.0315: a statement that the electric fence prohibition does not apply to hidden underground electronic dog fence systems.

Central Point’s language confirms that this categorical distinction is legally sound, administratively straightforward, and has been successfully implemented in Oregon municipal code.

Oregon Municipality — Express Exemption from Electric Fence Prohibition Multiple Oregon municipal codes explicitly exempt underground electronic pet containment systems from electric fence prohibitions. One representative example:

Farm animal containment fences in A-1 Agriculture Districts not used as a dwelling and electronic underground pet containment fences in all zoning districts are exempt from this section.

This confirms that the approach of expressly exempting hidden underground electronic dog fences from electric fence prohibitions is a well-established and legally tested technique in Oregon municipal codes.

National Context and Scale
Hidden underground electronic dog fence technology is in widespread national use, recognized as a legitimate containment method across multiple jurisdictions:
• Over 3 million pets protected by Invisible Fence® Brand alone since 1973 (PR Newswire, 2019)
• DogWatch® has over 200 independent dealers worldwide, operating since 1990 • Multiple states and municipalities have expressly distinguished this technology from traditional electric fences in their codes
• Kansas (Overland Park Municipal Code 6.08.020): formally recognizes electronic containment as a compliant form of dog control with specific operational conditions — see full subsection below
Overland Park, Kansas — Detailed National Precedent (Municipal Code 6.08.020) The City of Overland Park, Kansas (Municipal Code 6.08.020, subsection (a)(3)) explicitly authorizes electronic dog fences as a compliant containment method, with specific operational parameters that closely mirror the Los Gatos proposed amendment structure:
“Dogs may be confined to the premises of the residential property of their owner, keeper or harborer by an electronic fence or an electronic collar. An electronic fence or electronic collar is defined as a fence or a collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the boundary of the owner’s, keeper’s or harborer’s property. Dogs confined to residential property by an electronic fence or an electronic collar shall not be permitted to be nearer than 10 feet away from any public sidewalk or property line that is contiguous to neighboring property. In addition, dogs are prohibited from being confined by an electronic fence or an electronic collar in the

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 10 of 16 front yards of an owner’s, keeper’s or harborer’s property. No dog having been found a dangerous animal by the animal control division shall be confined by an electronic fence or an electronic collar.”
The structural parallels to the proposed Los Gatos amendment are direct: (1) electronic containment recognized as a third compliant option alongside leash and physical enclosure; (2) setback from property lines and sidewalks required; (3) front yard exclusion; (4) dangerous dog exclusion. These are the same operational parameters proposed for Los Gatos, adapted for hillside and wildlife corridor conditions rather than suburban residential.

Legal Uncertainty Created by the Current Code Gap
The current code gap creates legal exposure for residents beyond mere inconvenience.

Kenneth M. Phillips, a nationally recognized dog bite attorney (dogbitelaw.com), articulates the prevailing legal doctrine:
“If the municipal code requires a fence, and does not address electronic systems, then the dog owner must provide a physical fence, not an electronic one.” Under this doctrine, the approximately 400 hillside Los Gatos residents currently using DogWatch systems may not be legally compliant with §4.40.005(a) — even though SVACA has recognized their systems on-site as valid containment. This creates a two-track enforcement environment: residents are practically compliant but legally exposed. The proposed amendment resolves this uncertainty cleanly in both directions.

Phillips also notes that due process requires any prohibition to be stated clearly or it is unenforceable: codes prohibiting “electric fences” without defining precisely what devices are covered create interpretive uncertainty. This reinforces the need for the clarifying note to §29.40.0315 proposed as the secondary element of this amendment — confirming that the prohibition does not reach hidden underground electronic dog fence systems as defined. • The technology is active in every major California metropolitan area, including San Mateo, Santa Clara, Alameda, Contra Costa, Solano, Napa, Sonoma, Marin, and Mendocino counties (Pet Stop of the Peninsula and North Bay) • Texas (Argyle, Fate, and others): multiple Texas municipalities use identical model ordinance language expressly recognizing invisible fence systems as sufficient restraint — see full subsection below
• Maryland (Baltimore City): formal Health Department regulatory framework with permit system recognizing electronic fence as valid animal restraint, with operational conditions including setbacks and posted signage — see full subsection below • North Carolina (Pineville): invisible fence system expressly recognized as a qualifying “secure enclosure” under animal restraint ordinance (§90.040), subject to posted signage requirement
Texas — Model Ordinance Language (Argyle, Fate, and Others) At least two Texas municipalities — the Town of Argyle (Chapter 2, Animal Control) and the City of Fate (Ordinance No. O-1783) — use identical language in their animal control ordinances expressly recognizing invisible fence systems as compliant restraint. The identical phrasing across separate municipalities indicates this language derives from a shared Texas model animal control ordinance, suggesting adoption is broader than these two examples alone:
“An ‘invisible fence’ will suffice as sufficient restraint so long as the animal is not found outside the premises of the owner.”
This is among the most direct statutory language found in any jurisdiction: no conditions other than demonstrated containment (the animal must not be found outside the premises). It stands

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 11 of 16 in contrast to the more structured permitting approaches in Kansas, Maryland, and proposed for Los Gatos, but confirms that straightforward legislative recognition of this technology is legally tested and in active use across Texas municipalities. Both Argyle and Fate also expressly exclude dangerous dogs from electronic containment eligibility, consistent with the Los Gatos proposed amendment.

Baltimore, Maryland — Health Department Regulatory Framework Baltimore City, Maryland, formally recognizes electronic dog fences as valid animal restraint through a permit and exemption system administered by the Health Department’s Office of Animal Control. The regulatory framework has been in place since at least 2009 and remains active today, with a formal permit application process. Key operational conditions under the Baltimore framework:
• The dog cannot come within 10 feet of any public walkway, footpath, alley, or street • The fence must be at least 2 feet from any adjacent property • A visible sign must be posted on the property indicating that an electronic fence is in use The structural parallel to the Los Gatos proposed amendment is direct: setback from public ways and adjacent properties, posted signage, and permit-based approval. Baltimore’s framework demonstrates that a formal permitting pathway for electronic pet containment is administratively viable and has operated successfully in a major U.S. city for over fifteen years.

Pineville, North Carolina — Invisible Fence as Qualifying Secure Enclosure Section 90.040 of the Pineville, North Carolina Code of Ordinances expressly recognizes an invisible fence system as a qualifying “secure enclosure” under its animal restraint ordinance, with two conditions:
“If the secure enclosure is an invisible fence system, then all components of the system must be in working order and in proper place. Additionally, there must be a visible, permanent sign on the premises stating that there is an invisible fence.” The operational requirement — system in working order with posted signage — maps directly onto the proposed Los Gatos permitting parameters. The characterization of invisible fence as a qualifying “secure enclosure” is also legally significant: it confirms that courts and enforcement agencies in at least one jurisdiction have accepted this technology as satisfying the enclosure standard, resolving the legal uncertainty identified by Kenneth M. Phillips (see Section II, Legal Uncertainty Created by the Current Code Gap).

V. Animal Professional Endorsements
Veterinary Research: University of Pennsylvania
The foundational safety research on hidden underground electronic dog fence systems was conducted in partnership with the University of Pennsylvania School of Veterinary Medicine. The research proved the system to be safe, gentle, and effective for animals, with no short- or longterm adverse effects on the animals contained. This research was conducted beginning in 1975 and has underpinned the technology’s widespread adoption.

SVACA — Silicon Valley Animal Control Authority
SVACA is the regional animal control authority that serves and enforces animal control laws for the Town of Los Gatos. SVACA officers have visited the DogWatch hidden underground

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 12 of 16 electronic dog fence installation at 100 Hill Top Drive, Los Gatos, and recognized the system as a valid form of dog containment consistent with the requirement that dogs be “properly confined to the owner’s property.”
SVACA’s operational recognition of this technology predates the proposed code amendment.

The amendment would formalize what SVACA already endorses in practice.

California-Based Veterinary Endorsements
Dr. Jamie Textor, veterinarian, California (DogWatch Bay Area & Northern California testimonial):

As a veterinarian and a dog owner, I would highly recommend this company. Within the week [of installation], the fence was installed and the problem was literally SOLVED that day.

National Veterinary Endorsements
Dr. Roxane Jackson, veterinarian, Washington (DogWatch of the Twin Cities testimonial):

I am a veterinarian, and I recommend this fence system to my clients. The price, installation, and training were all reasons I chose this brand.

Australian Veterinary Association (AVA)
The Australian Veterinary Association acknowledges that there are situations in which a hidden underground electronic dog fence can increase the safety and welfare of an animal, and supports responsible use in those situations. The AVA’s position confirms the technology’s place in the spectrum of responsible pet ownership tools when used appropriately with proper training.

D-64 Non-Specialized Contractor Licensing
California is the only state with a dedicated contractor license classification for animal control device installation: the D-64 Non-Specialized Contractor license. Troy Dykes of DogWatch Hidden Fences holds this license and is believed to be one of the only active D-64 licensed contractors in the region. The existence of this license category confirms that California’s contractor licensing framework already recognizes hidden underground electronic dog fence installation as a professional, regulated trade.

VI. Proposed Amendment Language
Primary Amendment — Town Code Section 4.40.005(a)
The following language is proposed to be added to §4.40.005(a) as a third compliant containment option, applicable in designated hillside areas:

In designated hillside areas of the Town of Los Gatos, a Hidden Underground Electronic Dog Fence system — manufactured under UL Listed DogWatch (or other UL-listed equivalent manufacturer as approved by the Town), consisting of a low-voltage transmitter unit and a buried boundary wire that broadcasts radio frequencies to activate a receiver collar worn by the dog, and installed by a

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 13 of 16 California State Licensed D-64 Non-Specialized Contractor authorized for Animal Control Devices — shall be recognized as a third compliant means of dog containment under this section, in addition to leash and physical fence, subject to the permitted installation parameters and permitting process set forth herein.

Secondary Clarification — Town Code Section 29.40.0315
The following clarifying note is proposed for addition to §29.40.0315:

The prohibition on “electric fences, including any fence designed to produce an electric shock” refers to traditional perimeter fencing carrying live line voltage along exposed above-ground conductors. This prohibition does not apply to Hidden Underground Electronic Dog Fence systems as defined and permitted under Section 4.40.005(a), which carry no voltage or current in their boundary wire and present no fire or shock hazard.

Permitted Installation Parameters
• Electronic boundary observes same setbacks from property lines as required for a 6-foot solid fence under §29.40.0315 and §4.40.005(a)
• Training certificate required: property owner must obtain certification that their dog(s) have been successfully trained to respect the boundary, issued by the licensed D-64 installing contractor; certification logged with SVACA dog license record • 24-hour backup battery required to sustain system operation in event of power interruption
• 20-foot setback from any riparian corridor (as defined in §29.40.0310); setback applies to the programmed electronic boundary, not the buried wire routing • Not applicable to dogs designated Potentially Dangerous, Dangerous, or Vicious under LGMC §4.10.010 or §4.40.005
Five-Step Permitting Process

1. Property Survey — Prepared by a licensed surveyor, showing property boundaries, setbacks, recorded easements, riparian corridors, utility meters, and underground access vaults or covers.

2. Proposed Site Plan — Prepared by the D-64 licensed contractor or architect, illustrating the electronic boundary location, 20-foot riparian corridor setback, control box location, power supply connection, and backup power system.

3. Approved Permit — Pulled by D-64 Licensed Contractor or property owner; identifies D64 contractor and California license number.

4. Installation Inspection — Follows same procedure as traditional fence permits to validate conformance with approved site plan.

5. Dog Certification — Following inspection sign-off, dog(s) trained to containment system; certification submitted to SVACA to be added to dog’s license record.

VII. Alignment with State Law — AB 1889, Room to Roam Act This amendment is directly aligned with AB 1889, the Room to Roam Act, signed by Governor Newsom on September 27, 2024, and effective January 1, 2028. The law amends Government

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 14 of 16 Code §65302 to require California cities and counties, upon their next General Plan update on or after January 1, 2028, to:
• Identify and analyze wildlife connectivity areas, permeability, and natural landscape areas within the jurisdiction
• Identify and analyze existing or planned wildlife passage features • Consider impacts of development and barriers to wildlife movement, and avoid, minimize, or mitigate those impacts
• Consider incorporating “wildlife-friendly fencing” as a standard, policy, or implementation program
Hidden underground electronic dog fence systems do not create an above-grade physical barrier to wildlife movement — they have no physical structure above grade and present no impediment to free passage of wildlife through the property. Formally recognizing this technology in the Town Code now positions Los Gatos ahead of the 2028 compliance requirement and demonstrates proactive leadership on wildlife corridor protection. Based on the jurisdictions reviewed, Los Gatos appears poised to become the first municipality in Santa Clara County to codify this specific technology, setting a regional precedent aligned with the direction of state law (subject to Town Attorney review and confirmation).

VIII. Key Contacts for Staff Reference
Role Name & Organization Contact
Proponent Keith Blaine AIA LEED AP [email protected] | 408-784-1821 D-64 Licensed Installer Troy Dykes, DogWatch
Hidden Fences
Contact via DogWatch® network
SVACA Executive
Director
Dan Soszynski, SVACA SVACA main line: 408-764-0344
Town Planning Dept. Ryan Safty, Planning
Department
Community Development: 408-354-6874
CC Recipient Allen Meyer, Town Planning
Dept.

Community Development: 408-354-6874
CC Recipient Megan Blaine, Blaine
Architects
Blaine Architects
APPENDIX B — Precedent Municipalities: Jurisdictions Formally Recognizing Electronic Pet Containment Systems
The following table summarizes jurisdictions identified in this analysis that have formally recognized hidden underground electronic dog fence or invisible fence systems as a compliant means of animal containment in their municipal codes or regulatory frameworks. All code language is reproduced verbatim or summarized from primary sources. This table is provided

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 15 of 16 for staff reference and is not exhaustive; additional jurisdictions may have adopted equivalent language, particularly in Texas where identical language appears across multiple municipalities suggesting derivation from a shared model ordinance.

State / Jurisdiction Code / Authority Key Code Language / Framework California
San Diego County
County Code
§62.669(c)
Dog on private property shall be kept: (1) leashed or
tethered; (2) under direct and effective control by voice or electronic pet containment system; or (3) in a
building or adequate enclosure. Third-option structure
identical to proposed Los Gatos amendment.

Oregon
City of Central Point
City Code §17.57 “Electrified fence” does not include underground wireless fencing (invisible fencing) which consists of an electronic system that uses a buried wire and radio
signal to keep dogs or other animals from leaving the
yard, which is permitted in any zone.

Kansas
City of Overland Park
Municipal Code

6.08.020(a)(3)
Dogs may be confined by electronic fence or electronic
collar. Conditions: 10-ft setback from sidewalk/property line; prohibited in front yards; no dangerous dogs;
owner must post signage. Electronic containment
recognized as third compliant option alongside leash
and physical enclosure.

Texas
Town of Argyle
Code of
Ordinances Ch. 2
(Animal Control)
“An ‘invisible fence’ will suffice as sufficient restraint so long as the animal is not found outside the premises of the owner.” Dangerous dog exclusion applies. Identical
language to Fate, TX (Ord. No. O-1783) — believed to
derive from Texas model animal control ordinance.

Texas
City of Fate
Ordinance No. O1783 (Animal
Control)
“An ‘invisible fence’ will suffice as sufficient restraint so long as the animal is not found outside the premises of the owner.” Dangerous dog exclusion applies. Identical
language to Argyle, TX.

Maryland
Baltimore City
Health Dept.

Regulatory Action
on Electronic
Fences as Animal
Restraints (2009,
active)
Formal permit system recognizing electronic fence as
valid animal restraint. Conditions: dog must not come
within 10 ft of public walkways/alleys/streets; fence at least 2 ft from adjacent property; visible sign required.

Permit application required; issued by Health
Department Office of Animal Control. Active since
2009.

North Carolina
Town of Pineville
Code of
Ordinances
§90.040 (Restraint
of Animals)
“If the secure enclosure is an invisible fence system,
then all components of the system must be in working
order and in proper place. Additionally, there must be a visible, permanent sign on the premises stating that
there is an invisible fence.” Invisible fence expressly qualifies as a “secure enclosure” under this section.

Note: Colorado Springs, CO permits electronic fences with signage requirements as an administrative practice, but no formally codified ordinance recognizing electronic containment as a compliant restraint method was identified. Fort Worth, TX requires a physically enclosed structure and does not recognize electronic containment under its current code, illustrating that recognition is not universal and that explicit codification as proposed here is necessary to resolve the legal uncertainty.

ITEM NO. 17.

Technical Analysis — LGMC §4.40.005(a) Amendment | Prepared by Keith Blaine AIA LEED AP | Page 16 of 16 APPENDIX — Technology Timeline for Staff Reference
Here's the complete, sourced timeline — which is directly relevant to your code gap argument:
1973 — Richard Peck U.S. Patent 3,753,421 was the first electronic dog fence ("Stay-Put").

Collar is the size of a deck of cards / 13 oz. Fifty units sold in the first year, by mail order only.

Not practically available to most consumers.
1976 — Peck sells patent rights to John Purtell, who renames it "Invisible Fence." Los Gatos fence ordinance (Ord. No. 1316) is enacted this same year. At this moment, the technology existed but had sold only ~50 units nationwide and was not a viable consumer product. 1980s — Collar shrinks from 13 oz. to 3 oz., opening the market to smaller dogs. Dealer network begins expanding. Still a niche, premium professional-install product. 1989–1993 — The original patent expires (sources vary slightly: some say 1989, some say 1990, one says 1993). This is the pivotal moment — competitors enter the market immediately.

DogWatch, PetSafe, and Innotek all emerge after the patent expires. 1990s–2000s — Mass-market adoption. Multiple competing brands, falling prices, wider availability, DIY kits introduced. The technology becomes a mainstream consumer product.

ITEM NO. 17.

Feet 1:120 0 20 40 10 Riparian | Seasonal Creek Riparian | Seasonal Creek Riparian | Seasonal Creek 20'-0" 20'-0" Riparian | 20ft Setback Riparian | 20ft Setback Riparian | 20ft Setback Riparian | 20ft Setback PROPOSED HIDDEN ELECTRONIC DOG FENCE | LEGEND BUILDING SETBACK EASEMENT RIPARIAN COORIDOR - CENTER LINE RIPARIAN COORIDOR OFFSET HIDDEN ELECTRONIC DOG FENCE - BOUNDARY WIRE HIDDEN ELECTRONIC DOG FENCE - CONTAINMENT AREA HIDDEN ELECTRONIC DOG FENCE - CONTROL BOX DOG CONTAINMENT AREA CB CB
Proposed Amendment to Los Gatos Municipal CodeSection 4.40.005(a) — Recognition of Hidden Underground Electronic DogFence Systems as a Compliant Means of Dog Containment in Hillside andWildlife Corridor Areas with Corresponding Clarification to Section 29.40.0315 VERSION JUNE 5, 2026 Page 525 ITEM NO. 17.

Created: 2026-07-07 14:10:07 [EST]
(Supp. No. 99)

Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges. (Ord. No. 2286, § I, 8-6-19)
Ord. No. 2286, § I, adopted Aug. 6, 2019, repealed § 29.40.030 and enacted new provisions as §§ 29.40.030—

29.40.0330, to read as herein set out. Former § 29.40.030 pertained to similar subject matter and derived from Ord. No. 1316, § 4.10.020, adopted June 7, 1976; Ord. No. 1493, adopted March 17, 1981; Ord. No. 1873, § I, adopted Oct. 7, 1991; Ord. No. 2049, § I, adopted Oct. 5, 1998; Ord. No. 2062, § I, adopted June 21, 1999; and Ord. No. 2278, § II, adopted Dec. 18, 2018.

Sec. 29.40.0305. Intent.

The intent of these fence regulations, as defined in section 29.40.0310, is to preserve the natural beauty of the Town of Los Gatos, the natural movement of wildlife, and to protect traffic view areas while acknowledging that residents have the right to fence their properties to protect children, contain their animals, protect garden or agricultural areas, and maintain privacy. Specifically, within the hillside area, the intent of these fence regulations is to allow for the movement of wildlife. Unless specified otherwise, these fence regulations are applicable Townwide. These fence regulations incorporate portions of the Hillside Development Standards and Guidelines related to fencing.
(Ord. No. 2286, § I, 8-6-19)
Sec. 29.40.0310. Definitions.

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

Buck and rail fence means a fence constructed with wood rails where the posts are arranged to form a triangle to provide the vertical structure of the fence. The horizontal rails are then attached to the triangle support posts.

Corner sight triangle means a triangular area at street intersections having sides thirty (30) feet in length, as measured from intersecting property lines.

Double fence means two (2) fences spaced a few feet apart regardless of height and material.

Driveway view area means a triangular area at the intersection of driveways and sidewalks and street intersections having sides ten (10) feet in length, as measured along the driveway's path of travel from the back of the sidewalk or street.

Fence means a structure constructed of posts, rails, wire, and/or barrier panels, used to define a boundary or as a means of protection, confinement, or visual obstruction.

Fence regulations means sections 29.40.030 through 29.40.0330.

Hillside area means all properties located within the area defined by the Hillside Area Map as contained in the Town of Los Gatos Hillside Development Standards and Guidelines.

Open view fence means a fence constructed in such a way so that no more than twenty (20) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

Perimeter fence means a fence located on the property line of a lot.

Riparian corridor means an area comprised of habitat strongly influenced and delineated by the presence of perennial or intermittent streams.

ITEM NO. 17.

Created: 2026-07-07 14:10:07 [EST]
(Supp. No. 99)

Solid fence means a fence constructed in such a way so that more than twenty (20) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

Traffic view area means the area which is within fifteen (15) feet of a street and within two hundred (200) feet of the right-of-way line of an intersection.

Wildlife-friendly fence means a fence that allows any animal, regardless of size, to climb under, pass through, or jump over, with a maximum height of forty-two (42) inches and a minimum distance between the bottom rail and the ground of eighteen (18) inches.
(Ord. No. 2286, § I, 8-6-19)
Sec. 29.40.0315. Height, materials and design, and location. (a) Height.
(1) Fences, walls, gates, or hedges may not exceed six (6) feet in height, with one (1) foot of lattice on top (seven (7) feet high in total); except as provided in subsections (2), (3), and (4) below. (2) In the hillside area:
a. Fences, walls, gates, or hedges may not exceed six (6) feet. b. On properties one (1) acre or greater, perimeter fencing shall be a wildlife-friendly fence as defined in section 29.40.0310.
(3) Fences, walls, gates, and hedges may not exceed three (3) feet in height when located within a required front or side yard abutting a street (as required by the zone), driveway view area, traffic view area, or corner sight triangle unless an exception is granted by the Town Engineer and Community Development Director. Trees, hedges, and vegetation within a corner sight triangle shall meet the requirements of section 26.10.065.
(4) Pedestrian gateways or entryway arbors may be up to eight (8) feet high. No more than one (1) gateway or entryway arbor per street frontage is allowed. (b) Materials and design.
(1) The following fence types and materials are prohibited:
a. Any fence with bare lengths of wire stretched between posts. b. Electric fences, including any fence designed to produce an electric shock. c. Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors. d. Transparent fences such as barriers of glass or clear plastic. (2) In the hillside area:
a. Fences located within twenty (20) feet of a property line adjacent to a street shall be open view fencing as defined in section 29.40.0310.
b. On properties one (1) acre or greater, perimeter fencing shall be a wildlife-friendly fence as defined in section 29.40.0310.
c. Chainlink, welded wire, wire mesh, or similar material shall be coated with green, brown, or black vinyl or finish and shall be supported by a wood frame. d. Buck and rail, double, and solid fences are prohibited. (3) In the Landmark and Historic Preservation Overlay:

ITEM NO. 17.

Created: 2026-07-07 14:10:07 [EST]
(Supp. No. 99)

a. Plastic fencing is prohibited.
b. Fences located in a required front yard shall be open view. (4) Pedestrian gateways or entryway arbors shall be open view. A gateway or entryway arbor shall have a maximum width of six (6) feet and a maximum depth of four (4) feet. (c) Location.
(1) No fence, wall, or gate shall be located within emergency egress easements. (2) No fence, wall, or gate shall be located within twenty (20) feet of a riparian corridor as defined in section 29.40.0310.
(3) Vehicular gates shall be set back from the edge of the adjacent street a minimum of eighteen (18) feet as measured along the centerline of the driveway. A greater setback may be required when a gated entrance serves more than one (1) house.
(Ord. No. 2286, § I, 8-6-19)
Sec. 29.40.0320. Exceptions.

An exception to any of these fence regulations may be granted by the Community Development Director. A fence exception application and fee shall be filed with the Community Development Department and shall provide written justification that demonstrates one (1) of the following conditions exist:
(a) Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners. (b) On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:
(1) A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or
(2) A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem.
(c) At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security or safety concern. (d) A special security concern exists that cannot be practically addressed through alternatives. (e) A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
(Ord. No. 2286, § I, 8-6-19)
Sec. 29.40.0325. Exemptions.

All fences, hedges, gates, and walls existing on the effective date of this ordinance [from which this section derives] that do not meet the regulations contained herein are nonconforming and are exempt from these regulations. Existing nonconforming fences may be maintained and/or replaced in kind, including historic stone or river rock walls.

ITEM NO. 17.

Created: 2026-07-07 14:10:07 [EST]
(Supp. No. 99)

(Ord. No. 2286, § I, 8-6-19)
Sec. 29.40.0330. Penalties.

A property owner who has unlawfully constructed any fence, wall, gate, gateway, entry arbor, or hedge is subject to applicable enforcement and penalties as described in sections 29.20.930 through 29.20.965 of the Town Code.
(Ord. No. 2286, § I, 8-6-19)

ITEM NO. 17.

The Pros and Cons of Invisible
Fences for Dogs
Krista Williams, BSc, DVM, CCRP; Lynn Buzhardt, DVM
Print Article
Why would I confine a dog?
Fencing prevents a dog from becoming a neighborhood nuisance, but there are other issues at hand. Keeping a dog appropriately confined keeps him safe by preventing mishaps associated with free roaming.

Fenced-in dogs are less likely to be hit by vehicles, have fewer aggressive interactions with other dogs, have decreased exposure to contagious diseases, and are less available to pet thieves.

Should I get an invisible fence?
With safety in mind, dog owners may consider traditional or electronic fences. Here are some advantages and disadvantages associated with popular invisible fences.

Advantages
Reasonable cost. Some fencing materials are expensive (wood, iron) and labor is an added cost. Neighborhood codes often specify the types of construction materials that are allowed. Invisible electric fences are often less costly, even when professionally installed.

Adaptability. While traditional fences work well on flat or gently sloping yards, invisible fencing works on almost any terrain. Invisible fences can span hilly spots, wooded areas, and water. Also, electronic fences can cover acres of ground in any pattern to create large exercise areas for dogs.

Aesthetics. Invisible fences do not visually interfere with scenic views or green spaces, and they enhance the feeling of being outdoors.

People can move around the yard freely, without the hassle of opening and closing gates. The inconvenience of boundary flags is temporary:
once the dog learns the boundaries of the electric fence, the flags can be removed.

Convenience. Electric fences can be installed more quickly than conventional enclosures. Trenching and laying wire takes less time than laying fence posts, nailing boards, welding iron, or rolling wire.

Reliability. Dogs with a tendency to climb over, dig under, or chew through fences may be better contained with an invisible fence.

Decreased Human Error. Pet owners often forget to close a gate, so invisible fences reduce the chance of escape in busy households with lots of foot traffic.

Protection. Intruders may be deterred by the presence of a dog in the yard, since they may not realize the dog cannot reach them.

Disadvantages
Training required. To ensure success, the dog must learn where the fence is. This learning requires a training period where the owner and dog walk the perimeter of the fence, noting the flags. Fencing companies usually provide training protocols and spend time working with owners and their dogs.

Cookies Settings We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. See ourcookie policy . You can use cookie settings to change your preferences. 7/21/26, 9:23 AM The Pros and Cons of Invisible Fences for Dogs | VCA Animal Hospitals https://vcahospitals.com/know-your-pet/the-pros-and-cons-of-invisible-fences-for-dogs# 1/2 ATTACHMENT 3

ITEM NO. 17.

Lack of protection. Invisible fences protect dogs by preventing them from leaving the yard, but they do not prevent hazards from entering the yard. Stray dogs and wild animals can still access the yard and interact aggressively with pet dogs.

Barrier frustration. Some dogs become agitated when they watch neighborhood dogs freely romp about and realize that they cannot join in.

This situation is especially frustrating if neighboring dogs “tease” or play just out of range. Friendly, sociable dogs also become frustrated when they see another dog or human approach but cannot greet them.

Degree of discomfort. Most electric fences include an audible warning before the electric impulse and dogs learn quickly to respect the “beep” to avoid the shock. When a dog ignores the audible signal, an electric stimulus is discharged, which startles the dog but is not painful if the apparatus is set appropriately.

Reliability. If the power supply is interrupted by a cut wire or dead battery in the collar, escape is still possible.

Fortunately, most dogs remember their initial training and respect the perimeter even when the fence is not electrified.

Escape. If a dog sees something they really want to chase or is frightened by thunder or something inside the yard, they may breach the electric fence, ignoring the electric stimulus. But what happens when the dog wants to go back inside his yard? Some fences may “shock” a dog upon re-entry, while others only emit an electrical impulse upon exiting the yard and there is no “beep” or “shock” upon returning home.

Like all decisions regarding pets, the choice of fencing is one that takes research and careful consideration. But with the safety and wellbeing of your dog at stake, the time you spend will be justified in the end. Good fences don’t just make good neighbors, they make happy dogs, too.
© Copyright 2025 LifeLearn Inc. This content was written by LifeLearn Animal Health (LifeLearn Inc.) and is licensed to this practice for the personal use of its clients. Copying, printing, or further distributing this material is prohibited without LifeLearn’s express written consent. The use of artificial intelligence or automated tools to rewrite, republish, adapt, or repurpose this content, in whole or in part, is prohibited and does not create any ownership or derivative rights. This content does not contain all available information about medications and has not been reviewed by the FDA’s Center for Veterinary Medicine or Health Canada’s Veterinary Drugs Directorate. This content is not a substitute for medical advice or a proper clinical examination. Please contact your veterinarian if you have any questions or concerns about your pet’s health. Last updated on Feb 6, 2025.
© Copyright 2025 LifeLearn Inc. This content was written by LifeLearn Animal Health (LifeLearn Inc.) and is licensed to this practice for the personal use of its clients. Copying, printing, or further distributing this material is prohibited without LifeLearn’s express written consent. The use of artificial intelligence or automated tools to rewrite, republish, adapt, or repurpose this content, in whole or in part, is prohibited and does not create any ownership or derivative rights. This content does not contain all available information about medications and has not been reviewed by the FDA’s Center for Veterinary Medicine or Health Canada’s Veterinary Drugs Directorate. This content is not a substitute for medical advice or a proper clinical examination. Please contact your veterinarian if you have any questions or concerns about your pet’s health. Last updated on Feb 6, 2025.

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ITEM NO. 17.

Home  Behavior  Leash & Barrier Reactivity  Pros and Cons of Electric Underground Fences Behavior Leash & Barrier Reactivity
Pros and Cons of Electric Underground Fences
Electronic devices and aversive-laden collars are NOT the ideal fence.
[Updated December 14, 2018]
With more than ten years’ field experience under his belt, the veteran humane officer, from Santa Clara County, California, thought he had seen and heard just about everything. Then he got the call from a hysterical woman who had come home from work to find that her dog was being shocked non-stop by his electronic collar. “Please hurry,” she begged. “He’s totally crazed, and when we try to touch him we get shocked. We can’t get the collar off him!”
The officer rushed to the scene. When he arrived he found that the owners had managed to throw a rug over the dog, restrain him, and cut off the offending collar with a knife. The dog was still so severely traumatized by the experience that he refused to allow anyone near. The woman vowed never to use her underground fence system again.

By Pat Miller, CBCC-KA, CPDT-KA - Published: April 17, 2001 Updated: May 1, 2020  0   
7/21/26, 9:33 AM Pros and Cons of Electric Underground Fences - Whole Dog Journal https://www.whole-dog-journal.com/behavior/leash-barrier-reactivity/pros-and-cons-of-electric-underground-fences/ 1/10

ITEM NO. 17.

Electronic fences and their partners – collars that deliver an aversive agent – have been around for more than 20 years. They seem like the perfect canine confinement alternative to a solid physical fence. They are often marketed as the ideal fencing solution to homeowner association fence prohibitions and for problematic, difficult-tofence, steep, rocky and rugged living spaces.

But while occurrences of a collar shorting out and administering repeated shocks to a hapless, helpless dog are relatively rare, there are other drawbacks to using electronic fencing systems. A conscientious owner will weigh all the pros and cons before deciding whether or not to invest in this sort of “fencing” system.

How Do Electric Fences Work?
Electronic fences rely on the transmission of a radio signal from a wire or some other transmitter that is typically buried or mounted in an unobtrusive location on the dog owner’s property. The radio signal is broadcast within a specific zone, following the contours of the individual layout. The dog wears a battery-operated receiver on a special collar, which picks up the radio signals when the dog enters the special zone. Most of the systems are programmed so that a “warning tone” is emitted when the dog first approaches the radio transmission area, and, if he remains or travels further into the zone, follows up with an aversive stimulus.

LEARN MORE

YES, THIS IS
A THIRST TRAP.

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ITEM NO. 17.

The most commonly used aversive is an electric shock, delivered to the dog’s neck by metal (electrically conducting) prongs set in the dog’s collar. A recent technological innovation provides for some systems to deliver a burst of citronella spray as the aversive instead of an electric shock.

The best of the electronic fence makers teach the dog owners how to condition their dogs to the fence. “Training flags” are installed around the perimeter of the dog’s “safe” territory, to give him a visual hint to its shape and size. For the first few days, it is suggested that the owner applies tape over the prongs on the electrical collar, to minimize any shock that the dog receives, and to keep the dog on a leash. The owner is instructed to walk around the property, allowing the dog to approach the forbidden zones and hear the warning tone. The owner is to pull or call the dog back into the safe area, and then praise the dog.

The next phase involves removing the tape, and allowing the dog (who is still on a leash) further into the danger zone, where he experiences a correction. Again, the owner brings the dog back into the safety zone, praising his retreat from the forbidden area.

This is followed by a few more days of off-leash, but supervised experiences, and finally, removal of the training flags. Whether the aversive is a shock or a spray, in most cases it takes only a few applications for the dog to learn that the tone means “Bad things happen here.”
The Advantages of Invisible Fences
There are certainly advantages to electronic fences. They are generally less expensive than a physical fence. Systems range in cost from $120 to $400, and can cover anything from a small yard to a 100-acre parcel, depending on the brand. Variation in cost depends in large part on the features included in the system package, such as adjustable levels of shock strength, rechargeable batteries, and combination fence and no-bark or fence and remote trainer systems. If you are considering investing in an electronic fence, compare features carefully in order to be sure you get the brand that best suits your needs.
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ITEM NO. 17.

Electronic fences are easier to install than a traditional fence. One system uses a wire that is buried a few inches underground, a process that is much less labor-intensive than digging post holes and building fences, especially in rocky soil or on steep brushy slopes. Another type of fence doesn’t even require a buried wire, but instead uses transmitters on “emitter posts” that are inserted into the ground at intervals around the property. Consumers can install the fences themselves, or hire one of the many landscapers and builders who have experience in underground fence installation. Some companies will provide a list of certified fence installers on request.

For those who simply prefer the aesthetics of a fenceless yard or are faced with homeowner association constraints, electronic fences can keep a dog contained without obstructing the view or violating neighborhood sensibilities.

The Negative Side of Invisible Fences
Paul Miller, now director of the Chattanooga Animal Services program in Tennessee, was the Santa Clara humane officer who responded to the call of a dog being shocked by his collar a decade ago. Ten more years of experience in the field haven’t softened his opinion of the product. He argues that electronic fences don’t provide adequate containment to reasonably guarantee a dog’s safety.
“I can’t tell you exactly how many stray dogs I’ve seen wearing electronic fence collars,” he says, “but it’s a lot. Owners forget to replace weak and dying batteries and dogs are soon free to come and go at will. Many owners who come in to shelters to retrieve their shock-collar-sporting wayward hounds will admit that they were aware the batteries were weak and they hadn’t bothered to replace them.”
Another minus: Some dogs seem to have no trouble braving the strong corrections imposed on them by a working collar with fresh batteries if they are presented with sufficiently enticing stimuli: a female in season, a fast-moving cat, a child on a bicycle, a postal worker. And then the dog is stuck outside the fence without sufficient motivation to risk the shock to get back in! For this reason, certain breeds, especially large dogs bred for guardian jobs or dogs with strong hunting drives, make poor candidates for these systems.

Another important consideration is the fact that an electronic fence does nothing to protect your dog from outside harm. The neighborhood canine bully can still enter your yard and attack your dog. Bad people can still come onto your property and steal or torment your dog. (We’ve even heard of one report of an expensive electronic collar being stolen right off of its dog!)
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ITEM NO. 17.

Also, these electronic fences don’t keep children or delivery people from approaching your house and being attacked or bitten by your dog. Finally, dogs with especially long or thick coats may have to have their necks shaved in order for the prongs (and the corrective shocks) to reach their skin. Such disfigurement is not acceptable to all owners.

How Strong is the Electric Shock from an Underground Dog Fence?
Dog owners also need to be concerned about the unintended negative side effects of punishment. Despite the euphemisms used in promotional materials that call the aversive electric shock a “mild electrical stimulus,” a “stimulus distraction,” a “tingle” or a “tickle,” it is, in fact, an electric shock.

In November 1998, while attending the Association of Pet Dog Trainers annual conference and trade show in Valley Forge, Pennsylvania, I watched as a number of dog trainers tested an electric collar by wrapping it around their own hands. (The equipment was provided by one of the electronic fence manufacturers, who had a trade booth at the convention.) Different people reacted to varying levels of shock with significantly different levels of sensitivity. While some felt nothing at the lowest setting and only a mild sensation at level three, others described a mildly painful sensation at level one and unpleasant, even intolerable pain at the higher settings. (The shock was felt on the hand, not on the more sensitive neck area. Product representatives refused to allow the human Guinea pigs to test the collars on their necks.) There is no reason to think that our different dogs would not also experience different sensitivities to electric shocks.

The use of punishment in training, especially a punishment as intense as an electric shock, risks irreparable harm to the mutual trust that is critically important in the doghuman relationship. During the training process the dog may associate the shock or spray with the owner’s presence and end up fearing the owner.

Sensitive dogs can be seriously traumatized by just one administration of the punishing aversive. Some dogs may refuse to enter the yard at all after being shocked or sprayed, especially if the yard is small, with a limited amount of “free” space where the dog can feel safe. One Monterey County, California, dog owner reports that while she loves the electronic fence system because it allows her dogs to run loose on her several-acre property (which she couldn’t otherwise afford to fence), her Komondor is so respectful of the boundary that the dog won’t cross it even when not wearing the collar. The owner has to load her dog into the car and drive across the wire just to take the dog for a walk around the neighborhood.
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ITEM NO. 17.

What are the Alternatives to Electric Fences?
What are you supposed to do if you live in an area where fencing is prohibited, prohibitively expensive, or simply not feasible? You can keep Rover in the house, train him to come when called, and allow him outside only under direct supervision. You can install a cable runner, although tying a dog up creates its own set of risks and problems. (Watch for “Fit To Be Tied” in an upcoming issue of WDJ for a discussion of this topic.) You can purchase a chain-link kennel run to provide safe confinement for Rover when you aren’t able to personally supervise his exercise. Or you can move to a neighborhood that allows physical fences.

Some people, however, feel the benefits of an electronic fence system outweigh the negatives of the alternatives. We’d grudgingly acknowledge the potential usefulness of the system, provided it’s used in the following limited circumstances.

Because of the potential for an electronic fence to malfunction, for your dog to simply “run through” it and escape, and for predators to enter your property and injure your dog, we suggest using the system only when you are home and able to monitor its use.

This means not using the system when you are not at home (even just for a few minutes), or at night (or any other time you may be sleeping). You must check on your dog constantly, establishing visual contact with him at least every five minutes or so when he is “confined” by the fence and nothing else. And the collar must be removed whenever the fence is not being used as the primary barrier (when the dog is safely confined in the house, for instance). Failing to do all these things exposes the dog to all the various dangers discussed above, while simultaneously giving the owner a false sense of security.

Of course, if your dog is reliably trained to come to you when he is called and you are keeping him under this sort of close supervision, you probably don’t need this sort of system! Which strikes at the heart of our objections to electronic fences: They are really designed as a “convenience” device for people who like having a dog, and who don’t want it to run away, but who are unwilling or unable to go the extra mile to absolutely ensure the safety of their dogs.

There are exceptions. We have met dog owners, for instance, who keep their welltrained dogs under close supervision, but who maintain the electronic fence as a sort of “emergency back up” barrier for their dogs because they live on a busy road, and even an extremely rare, quick trip “off the property” could result in death.

In our opinion, however, there is nothing that can replace training, supervision, and that timeless tool for good neighbors everywhere: a purely “visible,” solid, well-maintained fence.
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ITEM NO. 17.

San Diego County
SEC. 62.669. RESTRAINT OF DOGS REQUIRED.
(a) A dog's owner or custodian or a person who has control of a dog shall prevent the dog from being at large, except as provided in subsections (b) and (d) below. (b) A dog's owner or custodian who has direct and effective voice control over a dog to ensure that it does not violate any law, may allow a dog to be unrestrained by a leash while a dog is assisting an owner or custodian who is:
(1) Legally hunting.
(2) Legally herding livestock.
(3) On public property with the written permission of and for the purposes authorized by the agency responsible for regulating the use of the property. (c) A dog's owner or custodian or a person having control of a dog that is lawfully on private property shall keep the dog: (1) leashed or tethered as allowed under Health and Safety Code section 122335, (2) under direct and effective control by voice or electronic pet containment system or (3) in a building or enclosure that is adequate to ensure the physical confinement of the dog and that also meets humane standards. An animal is not considered leashed if the leash is not in the hand of a person capable of controlling the animal or if the person is not actually controlling the animal attached to the leash.
(d) This section shall not apply to a dog assisting or training to assist a law enforcement officer in the course and scope of the officer's duties. (Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25) ATTACHMENT 4

ITEM NO. 17.

Assembly Bill No. 1889
CHAPTER 686
An act to amend Section 65302 of the Government Code, relating to land use.
[Approved by Governor September 27, 2024. Filed with
Secretary of State September 27, 2024.]
legislative counsel’s digest
AB 1889, Friedman. Conservation element: wildlife and habitat connectivity.

Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including land use, housing, and conservation elements, as specified. Existing law requires the conservation element to consider the effect of development within the jurisdiction on natural resources located on public lands.

This bill would additionally require the conservation element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill would require the conservation element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife, as defined, and habitat connectivity. The bill would authorize a city, county, or city and county to incorporate by reference into its general plan an existing plan, including a certified local coastal plan, that meets these requirements. The bill would authorize a city, county, or city and county preparing to update its conservation element to consider incorporating appropriate standards, policies, and feasible implementation programs, consult with specified entities, and consider relevant best available science and the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity. The bill would authorize a city, county, or city and county to consult with other appropriate entities and meet the above-described requirements in a separate component or section of the general plan entitled a wildlife connectivity element. The bill would include related legislative findings and declarations.

By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program.
92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
ATTACHMENT 5 Page 539
ITEM NO. 17.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. (a)  The Legislature finds and declares all of the following:
(1)  Development and human activities adversely impact wildlife by reducing or eliminating their core habitat, severing connections between habitats, and interfering with their behavioral patterns and ability to access food, water, shelter, and genetically diverse mates.
(2)  Climate change is a significant threat to California’s biodiversity. As climate change alters the habitat, ranges, and movement patterns of numerous animals and plants, wildlife must have the ability to shift their ranges to effectively adapt to changed climatic conditions and resource availability.

Moreover, wildlife must be able to move to effectively respond to extreme weather events, includes wildfire, drought, and floods. (3)  Executive Order No. N-82-20, codified by the Legislature in Section 71450 of the Public Resources Code, declared that it is the goal of the state to conserve at least 30 percent of California’s land and coastal waters by 2030 to combat the climate and biodiversity crisis. Wildlife connectivity contributes to the preservation and restoration of biodiversity by ensuring that wildlife has the opportunity to move through the landscape to forage, find mates and reproduce, seek shelter from stochastic events including flooding or wildfires, and adapt to the impacts of climate change. (4)  The public trust doctrine, codified in Section 1600 of the Fish and Game Code among other sections, holds that wildlife is held in trust for the people and that the protection and conservation of fish and wildlife is of utmost public interest. The California Constitution grants cities and counties the power to control and organize development within their boundaries as a means of serving the general welfare. Because cities and counties have the power to control development decisions within their boundaries, they have a responsibility under the public trust doctrine to do so in a manner that protects fish and wildlife and habitat connectivity. (5)  It is therefore the policy of the state to protect, restore, and improve the functioning of fish, wildlife, and habitat connectivity through local government land use planning and zoning.
(b)  It is the intent of the Legislature that, in carrying out the policy of the state, local jurisdictions, including cities and counties, shall consider and implement measures to avoid, minimize, or mitigate impacts to fish, wildlife, and habitat connectivity from existing and planned land uses within their jurisdictions. It is further the intent of the Legislature that local jurisdictions, including cities and counties, implement measures to remediate 92 Ch. 686 — 2 —

ITEM NO. 17.
barriers to wildlife connectivity within their jurisdictions to the extent feasible.
(c)  This act shall be known, and may be cited, as the Room to Roam Act.

SEC. 2. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)  A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)  Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5). (2)  Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace. (A)  In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered.

Cities and counties shall address military impacts based on information from the military and other sources.
(B)  The following definitions govern this paragraph:
(i)  “Military readiness activities” mean all of the following:
(I)  Training, support, and operations that prepare the members of the military for combat.
(II)  Operation, maintenance, and security of any military installation. (III)  Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)  “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the 92 — 3 — Ch. 686

ITEM NO. 17.

United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code. (b)  (1)  A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan. (2)  (A)  Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)  Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:
(i)  Incorporate the principles of the Federal Highway Administration’s Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.
(ii)  Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:
(I)  Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.
(II)  Use evidence-based strategies, including strategies identified in the United States Department of Transportation’s Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).
(III)  Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues. (C)  (i)  A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.
(ii)  A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.
(iii)  A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will 92 Ch. 686 — 4 —

ITEM NO. 17.
not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element. (D)  For the purposes of this paragraph, the following definitions shall apply:
(i)  “Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code.
(ii)  “Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code.
(iii)  “Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.
(iv)  “Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code.
(v)  “Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.
(E)  For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors. (c)  A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)  (1)  A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared.

Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county. (2)  The conservation element may also cover all of the following:
(A)  The reclamation of land and waters.
(B)  Prevention and control of the pollution of streams and other waters. (C)  Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan. (D)  Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)  Protection of watersheds.
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ITEM NO. 17.
(F)  The location, quantity, and quality of the rock, sand, and gravel resources.
(3)  Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management. (4)  Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:
(A)  Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.
(B)  Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.
(C)  (i)  Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.
(ii)  For the purposes of this subparagraph, “wildlife” has the same meaning as defined in Section 89.5 of the Fish and Game Code. (D)  Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.
(E)  Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space. (5)  If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.
(6)  In preparing to update the conservation element, the city, county, or city and county may do any of the following:
(A)  Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.
(B)  Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and county’s jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and county’s jurisdiction. Upon receiving a request for consultation, the 92 Ch. 686 — 6 —

ITEM NO. 17.
department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors. (C)  Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.
(D)  Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:
(i)  Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.
(ii)  Wildlife corridors, such as migration corridors identified by global positioning system collar studies.
(iii)  Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlife’s Restoring California’s Wildlife Connectivity report.
(iv)  Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.
(7)  In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.
(8)  The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element. (e)  An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)  (1)  A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)  Highways and freeways.
(B)  Primary arterials and major local streets.
(C)  Passenger and freight online railroad operations and ground rapid transit systems.
92 — 7 — Ch. 686

ITEM NO. 17.
(D)  Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (E)  Local industrial plants, including, but not limited to, railroad classification yards.
(F)  Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)  Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
(3)  The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)  The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
(g)  (1)  A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)  The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)  Identify information regarding flood hazards, including, but not limited to, the following:
(i)  Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage. (ii)  National Flood Insurance Program maps published by FEMA. (iii)  Information about flood hazards that is available from the United States Army Corps of Engineers.
92 Ch. 686 — 8 —

ITEM NO. 17.
(iv)  Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)  Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources. (vi)  Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)  Maps of levee protection zones.
(viii)  Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)  Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding. (x)  Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities. (xi)  Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services. (B)  Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i)  Avoiding or minimizing the risks of flooding to new development. (ii)  Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones. (iii)  Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)  Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)  Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C)  Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)  Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:
92 — 9 — Ch. 686

ITEM NO. 17.
(A)  Information regarding fire hazards, including, but not limited to, all of the following:
(i)  Fire hazard severity zone maps available from the Office of the State Fire Marshal.
(ii)  Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)  Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)  General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.
(v)  Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services. (B)  A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)  A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i)  Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)  Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone. (iii)  Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)  Working cooperatively with public agencies with responsibility for fire protection.
(D)  If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph. (4)  Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city 92 Ch. 686 — 10 —

ITEM NO. 17.
or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A)  (i)  A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)  Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)  Information from the internet-based Cal-Adapt tool. (II)  Information from the most recent version of the California Adaptation Planning Guide.
(III)  Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures. (IV)  Information from local agencies on their current ability to deal with the impacts of climate change.
(V)  Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)  Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities. (VII)  Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services. (B)  A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)  A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i)  Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)  The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas. (iii)  The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)  Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)  The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of 92 — 11 — Ch. 686

ITEM NO. 17.
natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(D)  (i)  If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)  Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)  Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes. (6)  After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. (7)  Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
92 Ch. 686 — 12 —

ITEM NO. 17.
(8)  Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision. (9)  To the extent that a county’s safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision.
(h)  (1)  An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A)  Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity. (B)  Identify objectives and policies to promote civic engagement in the public decisionmaking process.
(C)  Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities. (2)  A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
(3)  By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
(4)  For purposes of this subdivision, the following terms shall apply:
(A)  “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
(B)  “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000. 92 — 13 — Ch. 686

ITEM NO. 17.
(C)  “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

O
92 Ch. 686 — 14 —

ITEM NO. 17.

PREPARED BY: Ryan Baker
Library Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 18
DATE: August 4, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Allocation of $20,000 in Supplemental Sustaining Grant Funds and Consideration of Continued Funding Eligibility for Counseling and Support Services for Youth (CASSY)
RECOMMENDATION: Review the requests for supplemental Sustaining Grant funding; allocate the available supplemental funding; and determine whether CASSY should remain a Sustaining Grant recipient for FY2026-27.

FISCAL IMPACT:

The Town Council appropriated an additional $20,000 for supplemental Sustaining Grant funding as part of the FY 2026-27 Operating Budget. This was in addition to the $99,300 already contained in the proposed FY2026-27 Operating Budget for Sustaining Grants, of which $10,000 was included for CASSY. This report recommends the allocation of the supplemental Sustaining Grant funds that were appropriated. Additionally, if the Town Council determines that CASSY should no longer receive a Sustaining Grant for FY 2026-27, the $10,000 previously budgeted for CASSY would become available and may either be returned to the General Fund or reallocated to the FY 2026-27 Community Grant Program, as directed by the Town Council. In either case, no additional appropriation is required.

STRATEGIC PRIORITY:

Some Sustaining Grants listed here may directly or indirectly support the Council priorities regarding the needs of older adults, the needs of unhoused residents, and a sense of belonging in Los Gatos.

ITEM NO. 18.

PAGE 2 OF 3
SUBJECT: Review of Supplemental Sustaining Grant Fund Requests DATE: August 4, 2026
BACKGROUND:

At the Town Council meeting of June 2, 2026, Council added $20,000 in supplemental funds to the Sustaining Grant budget with direction for staff to contact the organizations currently receiving Sustaining Grants to identify how such funds could be used. Council further directed staff to return to Council in August to allocate the supplemental funds. All organizations receiving Sustaining Grants were invited to submit a request.

Following Council's direction, Counseling and Support Services for Youth (CASSY) informed the Town that it will no longer provide counseling services at Los Gatos High School beginning with the 2026-27 school year. Because the Town's Sustaining Grant has historically supported those services, staff is also requesting Council direction regarding whether CASSY should continue as a Sustaining Grant recipient.

For reference, the current budgeted amounts and recipients of Sustaining Grants were:
 $23,000 to Live Oak Senior Nutrition for hot meal services  $10,000 to Next Door Solutions to Domestic Violence for support of victims of domestic violence
 $2,500 to St. Vincent de Paul Society for laundry services for the unhoused  $20,000 to West Valley Community Services for their CARE program  $7,800 to Los Gatos United Methodist Church for shower services for the unhoused  $6,000 to St. Luke’s Episcopal Church for their food pantry program  $20,000 to Los Gatos Anti-Racism Coalition as the lead agency, in partnership with St.

Vincent de Paul Society, for their cooperative rental assistance services  $10,000 to CASSY for youth counseling support at Los Gatos High School DISCUSSION:

Consistent with Council's June 2, 2026 direction, staff received four supplemental funding requests from three Sustaining Grant recipients totaling $19,200 of the available $20,000.

Those requests are summarized below and included as Attachment 1 for Council's consideration.

Organization
Regular
Sustaining
Grant Amount
Additional One-Time Request
Total
Potential FY
2026-27
Funding
$2,500 $1,200 Towel and other Laundering Vouchers
for the unhoused.
$8,700

ITEM NO. 18.

PAGE 3 OF 3
SUBJECT: Review of Supplemental Sustaining Grant Fund Requests DATE: August 4, 2026
Saint Vincent
de Paul
Society
$5,000 Emergency Rental Assistance
Live Oak
Nutrition
Center
$23,000 $10,000 Preserve the essential services we
already provide, but also to enhance
the quality and impact of those
services through targeted, seniorcentered programming. $33,000
Los Gatos
Anti-Racism
Coalition
$20,000 $3,000 Provide financial assistance to those
[1] who will become unhoused
imminently due to an unpreventable
eviction or [2] have been recently
unhoused in Los Gatos
$23,000
Total $19,200
CASSY Eligibility as a Sustaining Grant Recipient
The Town's Sustaining Grant awarded to Counseling and Support Services for Youth (CASSY) has historically supported counseling services provided at Los Gatos High School. Beginning with the 2026-27 school year, Los Gatos High School will transition those counseling services to its own internal operations, ending the contract for CASSY’s services at that location.

CASSY will continue providing services to some Los Gatos youth through Leigh High School and St. Mary's School. However, because the primary service historically supported through the Town's Sustaining Grant will no longer be provided, Council should determine whether CASSY continues to meet the intended purpose of the Sustaining Grant Program.

Based on this change in services, Council may consider one of the following options:

1. Continue funding CASSY at $10,000 as a Sustaining Grant recipient for FY2026-27; or

2. Remove CASSY as a Sustaining Grant recipient beginning in FY2026-27. If Council determines that CASSY should no longer receive a Sustaining Grant, the previously budgeted $10,000 would become available to partially offset the $20,000 increase in supplemental funding. Staff recommends that Council return the funds to the General Fund.

ENVIRONMENTAL ASSESSMENT:

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

ATTACHMENTS:

1. Proposals Received for Requesting Supplemental Sustaining Grant Funding

ITEM NO. 18.

Proposals Received for Requesting Supplemental
Sustaining Grant Funding
ATTACHMENT 1

ITEM NO. 18.

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Anonymous 24:18
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1 Respondent

1. Name of Organization
Saint Vincent de Paul Society

2. Name of Coordinator for this Application
Edward Lozowicki

3. Contact Phone Number for this Application
(408) 656-0280

4. Contact Email for this Application
[email protected]

5. If your organization had the ability to obtain additional one-time funds from the Town of Los Gatos for fiscal year 2026-27, what amount, out of a total pool of $20,000, would you request? $1,200
Please enter at most 2500 characters

6. If your organization received those additional one-time funds, what additional project, service, or initiative could you accomplish for the benefit of the Los Gatos community? The Saint Vincent de Paul Society provides laundry vouchers to the unhoused who come to get a shower at the United Methodist Church each week. The vouchers allow the unhoused to wash their clothing & sleeping bags at a cooperating laundromat. UMC no longer has volunteers to wash the towels used by the unhoused at the showers. Last year UMC asked SVdP to provide laundry vouchers for laundering the used towels and SVdP did so. UMC drops off the towels at the same cooperating laundry and SVdP reimburses the laundromat. This service facilitates the hygiene of the unhoused and prevention of germ-spread in the community. The $1,200 requested would cover the cost of towel-laundering vouchers. Any funds not used for towel laundering would be applied to the cost of the laundry vouchers for washing clothing and sleeping bags in excess of the Town's $2,500 sustaining grant for that purpose. For the 2025-26 FY the sustaining grant did not cover the cost of the clothing vouchers.

Please enter at most 2000 characters

7. Has your organization experienced new financial constraint or hardship in the last year that has impacted your ability to deliver services? No
Emergency Preparedness
Preserve charm and/or provide housing opportunities
Transportation safety, including for bicyclists and pedestrians Conserve the natural environment
Foster vitality of local businesses
Enhance a welcoming, family-oriented, safe, and/or inclusive community Meet the needs of unhoused residents
Meet the needs of older adults
Other

8. Optional - Please select if one of the following Council Priorities is supported with additional funds.

Town of Los Gatos Sustaining Grant Supplemental Funds Application... https://forms.cloud.microsoft/Pages/DesignPageV2.aspx?prevorigin=sh... 1 of 1 7/12/2026, 11:40 AM

ITEM NO. 18.

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Anonymous 13:11
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2 Respondent

1. Name of Organization
St. Vincent de Paul

2. Name of Coordinator for this Application
Sue Ahmadian

3. Contact Phone Number for this Application
408 472-4625

4. Contact Email for this Application
[email protected]

5. If your organization had the ability to obtain additional one-time funds from the Town of Los Gatos for fiscal year 2026-27, what amount, out of a total pool of $20,000, would you request? Any amount would be helpful/appreciated up to $5,000.

Please enter at most 2500 characters

6. If your organization received those additional one-time funds, what additional project, service, or initiative could you accomplish for the benefit of the Los Gatos community? We would continue to offer emergency rental assistance for residents of Los Gatos facing possible eviction.

Please enter at most 2000 characters

7. Has your organization experienced new financial constraint or hardship in the last year that has impacted your ability to deliver services? We have not faced financial hardship. However, our operating budget is largely dependent on donations received from the parishioners of St. Mary's, Los Gatos. This varies from year to year. Our calls continue to increase and we quickly went through the $10K from the 2025-26 Supplemental Rental Assistance Grant we shared with Los Gatos Anti Racism Coalition (we split the $20K awarded to us). We are grateful for the Grants and hope some extra funding will help us serve those who come to us with legitimate and verified emergency requests.

Emergency Preparedness
Preserve charm and/or provide housing opportunities
Transportation safety, including for bicyclists and pedestrians Conserve the natural environment
Foster vitality of local businesses
Enhance a welcoming, family-oriented, safe, and/or inclusive community Meet the needs of unhoused residents
Meet the needs of older adults
Other

8. Optional - Please select if one of the following Council Priorities is supported with additional funds.

Town of Los Gatos Sustaining Grant Supplemental Funds Application... https://forms.cloud.microsoft/Pages/DesignPageV2.aspx?prevorigin=sh... 1 of 1 7/12/2026, 11:41 AM

ITEM NO. 18.

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Anonymous 14:08
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3 Respondent

1. Name of Organization
Live Oak Nutrition Center

2. Name of Coordinator for this Application
Glenn Stansbury

3. Contact Phone Number for this Application
(408)379-7977

4. Contact Email for this Application
[email protected]

5. If your organization had the ability to obtain additional one-time funds from the Town of Los Gatos for fiscal year 2026-27, what amount, out of a total pool of $20,000, would you request? $10,000
Please enter at most 2500 characters

6. If your organization received those additional one-time funds, what additional project, service, or initiative could you accomplish for the benefit of the Los Gatos community? One-time funds would therefore allow us not only to preserve the essential services we already provide, but also to enhance the quality and impact of those services through targeted, senior-centered programming. This would strengthen our role as a welcoming community resource and expand the direct benefit we provide to seniors, families, caregivers, and the broader Los Gatos community.

Please enter at most 2000 characters

7. Has your organization experienced new financial constraint or hardship in the last year that has impacted your ability to deliver services? Yes. Over the last year, our organization has experienced new and increasing financial constraints that have affected our ability to deliver services as easily and sustainably as in the past. While the need for senior nutrition, wellness programming, and social connection remains strong, the cost of operating the center has continued to rise across nearly every category.

In particular, garbage service costs have increased by approximately 40%, and PG&E costs have also risen. These increases place additional pressure on our operating budget because utilities and facility-related expenses are essential to keeping the center open, safe, clean, and comfortable for seniors. At the same time, we are working to maintain an aging facility, which requires ongoing attention and resources.

These financial pressures are especially challenging because the county covers food costs but does not fully cover the staffing, utilities, maintenance, and overhead needed to operate the program. As a result, increased expenses directly affect our ability to sustain the level of service seniors rely on, including daily meal service, exercise classes, educational materials, resource information, and a welcoming place for vulnerable and socially isolated seniors to gather.

Emergency Preparedness
Preserve charm and/or provide housing opportunities
Transportation safety, including for bicyclists and pedestrians Conserve the natural environment
Foster vitality of local businesses
Enhance a welcoming, family-oriented, safe, and/or inclusive community Meet the needs of unhoused residents
Meet the needs of older adults
Other

8. Optional - Please select if one of the following Council Priorities is supported with additional funds.

Town of Los Gatos Sustaining Grant Supplemental Funds Application... https://forms.cloud.microsoft/Pages/DesignPageV2.aspx?prevorigin=sh... 1 of 1 7/12/2026, 11:41 AM

ITEM NO. 18.

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Anonymous 67:04
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4 Respondent

1. Name of Organization
Los Gatos Anti-Racism Coalition

2. Name of Coordinator for this Application
Jeff Suzuki

3. Contact Phone Number for this Application
408-391-6339

4. Contact Email for this Application
[email protected]

5. If your organization had the ability to obtain additional one-time funds from the Town of Los Gatos for fiscal year 2026-27, what amount, out of a total pool of $20,000, would you request? $3,000
Please enter at most 2500 characters

6. If your organization received those additional one-time funds, what additional project, service, or initiative could you accomplish for the benefit of the Los Gatos community? We have found that there is a shortage of resources specifically dedicated to providing assistance in the immediate moment after a person becomes unhoused.

If we receive this additional funding, we will provide financial assistance to those [1] who will become unhoused imminently due to an unpreventable eviction or [2] have been recently unhoused in Los Gatos. When one of our residents loses their housing, we want to maximize the chance that they are able to secure new housing as quickly as possible, rather than sleep at night in our streets and parks.

With these supplemental funds, recently unhoused residents of Los Gatos would be able to apply for financial assistance to contribute to:

1. The rent of storage units (also known as "self storage") to retain their belongings between housing units.

2. Security deposits for a new housing unit and housing application fees.

3. Stays at low-cost hotels if a hotel voucher or shelter could not be secured.

We plan to offer to share $1,500 of this $3,000 to St. Vincent de Paul (SVdP) at St. Mary of the Immaculate Conception in Los Gatos for them to distribute aid for the three purposes stated above.

Please enter at most 2000 characters

7. Has your organization experienced new financial constraint or hardship in the last year that has impacted your ability to deliver services? No. We have been able to maintain financial stability in the last year.

Emergency Preparedness
Preserve charm and/or provide housing opportunities
Transportation safety, including for bicyclists and pedestrians Conserve the natural environment
Foster vitality of local businesses
Enhance a welcoming, family-oriented, safe, and/or inclusive community Meet the needs of unhoused residents
Meet the needs of older adults
Rental Assistance / Homelessness Prevention

8. Optional - Please select if one of the following Council Priorities is supported with additional funds.

Town of Los Gatos Sustaining Grant Supplemental Funds Application... https://forms.cloud.microsoft/Pages/DesignPageV2.aspx?prevorigin=sh... 1 of 1 7/12/2026, 11:42 AM

ITEM NO. 18.