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Ord 2284 - Amending Chapter 15 entitled Motor Vehicles and TrafficORDINANCE 2284 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 15 OF THE LOS GATOS TOWN CODE ENTITLED MOTOR VEHICLES AND TRAFFIC WHEREAS, Chapter 15 of the Town Code entitled Motor Vehicles and Traffic provides for the regulation and control of motor vehicle and traffic issues in the incorporated areas of the Town; and WHEREAS, the Town has determined that certain sections of the Code are legally obsolete and not up to date with recent changes in the law; and WHEREAS, the Town has determined the Code contains certain references to practices that do not reflect current Town practices; and WHEREAS, Town staff have performed a comprehensive review of the Code to assist the Town Council in identifying the aforementioned issues; and WHEREAS, the Town believes that an update of the Los Gatos Town Code will enable the Town to better enforce laws, rules, and regulations that are designed to protect the health, safety, and welfare of Town residents, businesses, and visitors. NOW, THEREFORE, the Town Council of the Town of Los Gatos does ordain as follows: SECTION 1. LOS GATOS TOWN CODE AMENDMENTS. Chapter 15 of the Los Gatos Town Code is hereby amended as follows: ARTICLE I. - IN GENERAL Sec. 15.10.010. - Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: General. Whenever any words or phrases used in this chapter are not defined herein, but are defined in the Vehicle Code of the State, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used herein as though set forth herein in full. Curb. The lateral physical boundary of the roadway of a street, whether marked by curbing construction or not so marked. 1of48 Ordinance 2284 June 18, 2019 Driveway. That portion of a street between a curbline and adjacent property line designed to give vehicular access to the adjacent property and so constructed as to support the weight of any motor vehicle. Holiday. (1) Every Sunday (2) New Year's Day (January first) (3) Martin Luther King Day (third Monday of January) (4) Lincoln's Birthday (February twelfth) (5) Washington's Birthday (third Monday in February) (6) Memorial Day (last Monday of May) (7) Independence Day (July fourth) (8) Labor Day (first Monday of September) (9) Admission Day (September ninth) (10) Columbus Day (second Monday of October) (11) Veterans Day (November eleventh) (12) Thanksgiving Day (fourth Thursday of November) (13) Christmas Day (December twenty -fifth) (14) Every day appointed by the President or Governor for a public fast, thanksgiving or holiday, which is also designated as a Town holiday by the Mayor through written directive. Intersection. That area of the roadway embraced within the prolongation of the property lines of two (2) or more streets which join at any angle, whether or not one (1) such street crosses the other. Intersection. That area of the roadway embraced within the prolongation of the property lines of two (2) or more streets which join at any angle, whether or not one (1) such street crosses the other. Leave standing. To stop a vehicle for any purpose unless required by traffic conditions, whether or not the engine is running and whether or not there is in the vehicle a person capable of operating the same. 2 of 48 Ordinance 2284 June 18, 2019 Limited access highway. Every highway, street, or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. Loading zone. The space adjacent to a curb reserved for exclusive use of the vehicles during the loading or unloading of passengers or materials. Operator. Any person who is in actual physical control of a vehicle. Parkway. That portion of a street other than a roadway or a sidewalk. Passenger loading zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. Police Officer. Every sworn officer of the Police Department of the Town. Resolution. Resolution of the Town Council. Stop. When required, complete cessation of movement. Town Engineer. Town Engineer, Traffic Engineer, Designee —terms used interchangeably. Appointed by the Town Manager. The positions of Town Engineer and Town Traffic Engineer are designees of the Public Works Director. The Public Works Director may delegate the engineering and traffic - engineering duties to any qualified person or persons within the public works department. The Town Traffic Engineer is vested with the duties and powers of this chapter regarding placing or maintaining official traffic control devices, signals, conducting engineering and traffic investigations of traffic conditions, cooperating with other Town officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by the provisions of this chapter and other ordinances of the Town. Traffic. Pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances, either singly or together, while using any street for purposes of travel. Sec. 15.10.015. - Filing accident reports. The Chief of Police shall maintain a suitable system of filing traffic accident reports. Sec. 15.10.020. - Erection of and obedience to barriers; signs; etc. No person, public utility or any department of this Town shall erect or place any barrier or sign on any street unless of a type first approved by the Chief of °e"r^ Tn !4 Traffic Engineer. It shall be unlawful for any person to disobey the instructions of any barrier or sign placed in any street 3of48 Ordinance 2284 June 18, 2019 by any public utility or by any department of this Town; provided, that the type of barrier or sign so erected has been first approved by the GWef- Town Traffic Engineer. Sec. 15.10.025. - Use of skateboard, in -line skates, or roller skates; prohibited areas. No person shall ride or propel a skateboard, in -line skates, or roller skates in the following areas: (a) Any publicly owned off - street parking lot. (b) On any publicly owned tennis court. (c) On any construction site located on public property. (d) The Civic Center of the Town of Los Gatos at 110 East Main Street which includes, but is not limited to, the fountain area, courtyard, parking lot, stairs, walls, and all walkways, sidewalks, and curbs within the Civic Center area or bounded by it. The Civic Center also includes the Town Library, Neighborhood Center and the parking lots adjacent to these buildings. (e) During darkness as defined by California Vehicle Code Section 280, in any publicly owned area not otherwise prohibited by this article, unless wearing a reflective device or devices or reflective clothing is worn on the person of the rider in a manner that is visible from all directions during the hours of darkness. (f) On privately owned property, including a parking lot, if (1) the owner of the property has first placed signs in plain view at each vehicular entrance and /or exit to the lot, and (2) the signs are not less than seventeen (17) by twenty -two (22) inches in size with lettering not less than one (1) inch in height, and (3) the signs state: "Unlawful to ride or propel skateboards, in -line skates, or roller skates on this property. Los Gatos Town Code Section 15.10.025(f)." Sec. 15.10.026. - Regulations for operation of skateboard, in -line skates, or roller skates; sidewalks, highways or roadways. No person shall violate any provision in this section. A person riding or propelling a skateboard, in -line skates, or roller skates on sidewalks, highways or roadways: (a) Shall proceed upon highways or roadways on the far right -hand side of a highway or roadway; (b) Shall not impede or interfere with the flow of vehicular traffic; (c) Shall yield to all pedestrians on highways, sidewalks or roadways, including at or in marked and unmarked crosswalks; (d) Shall yield to approaching vehicles when entering any highway, roadway or intersection; (e) Shall not suddenly leave a curb or other place of safety and travel into the path of a vehicle which is so close as to constitute an immediate hazard; (f) Shall not hitch rides by attaching himself of herself to any vehicle or other motive device, or allow a person to hitch a ride on any vehicle or motive device; (g) Shall obey all stop signs, traffic signals, yield signs, and other such traffic control devices. 4of48 Ordinance 2284 June 18, 2019 Sec. 15.10.030. - Use of skateboard, in -line skates, or roller skates; reckless or trick riding. No person shall ride or propel a skateboard, in -line skates, or roller skates in a Business District as defined by California Vehicle Code Section 235, in the following manner: (a) Perform any tricks, stunts, any form of acrobatic actions or other actions that are likely to cause injury or damage property; (b) Will not travel at a speed greater than is reasonable and prudent having due regard for the pedestrian or vehicle traffic, width of the sidewalk or roadway, and in no event at a speed which endangers the safety of persons or property. Sec. 15.10.035. - Unauthorized use of private property. It shall be unlawful for any person to operate or drive or leave any vehicle in, over or upon any private property without the express permission of the owner thereof. Sec. 15.10.040. - Intoxicated persons in or about vehicles. It shall be unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs to be in or about any vehicle to which the person has right of access or control while such vehicle is in or upon any street or any other public place in the Town, unless the same is under the immediate control or operation of a person not under the influence of intoxicating liquor or narcotic drugs. .., rrer.�rrna r�9FM ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Sec. 15.20.010. - Powers and duties of Chief of Police. (a) It shall be the duty of the Police Chief, with such aid as may be rendered by other members of the Police Department, to enforce the street traffic regulations of the Town and all of the State vehicle laws applicable to street traffic in this Town, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the other sDepartments of the Town in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the Police Department of this Town. (b) It shall be the general duty of the Feliee-C-hi Town Traffic Engineer, under this chapter, to determine the installation and proper timing and maintenance of traffic - control devices and signals, to conduct analyses of traffic accidents and to devise remedial measures, to conduct 5 of 48 Ordinance 2284 June 18, 2019 investigation of traffic conditions, and to cooperate with other Town officials in the development of ways and means to improve traffic conditions, and to perform such other duties hereunder as may be required by the Town Council. Sec. 15.20.015. - Powers and duties of Police Officers; directing of traffic by Police Officers and Firefighters. (a) It shall be the duty of the officers of the Police Department, or such officers as are assigned by the Chief of Police, to enforce all street traffic laws of this Town and all of the State vehicle laws applicable to street traffic in this Town. (b) Officers of the Police Department, or such officers as are assigned by the Chief of Police, are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic law. (c) Officers and members of the Fire Department, when at the scene of a fire, may direct or assist the Police in directing traffic thereat or in the immediate vicinity. Sec. 15.20.020. - Directing of traffic by unauthorized persons. No person other than as a designee of the Director of the Parks and Public Works Department, an officer of the Police Department, or a person authorized by the Chief of Police, or person authorized by law, shall direct or attempt to direct traffic by voice, hand or other signal (except that persons may operate any mechanical push button signaleFeeted by 9FdeF of the Chmpf A' Feliee). Sec. 15.20.025. - Exemptions for certain vehicles. The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a Town Department or public utility while necessarily in use for construction or repair work, or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. Sec. 15.20.030. - Regulation of speed by use of traffic signals. The Town Engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and may erect appropriate signs giving notice thereof. 6 of 48 Ordinance 2284 June 18, 2019 Sec. 15.20.035. - Controlling traffic at school crossings, etc. It shall be the duty of any person appOiRted by the Chief ef Palkeemployed by or contracted with the Town for such purpose, to control traffic at school crossings or other places designated by the Chief of Police. It shall be unlawful for any person, at any school crossing, to refuse or fail to comply with any order, signal or direction of any such personappe'Rted by the Chief Af Poke to R40-1 #R ff',. at «"^^' GF8SSiAgS BF 6616h ,,esig.,- ted places; provided, that such person giving any order, signal or direction at such school crossing, or such designated place, shall at the time be wearing some iasigsia appropriate safety apparel indicating such appGiAtffieAt designation. It shall be unlawful for any minor to direct or attempt to direct traffic unless authorized to do so by order of the Chief of Police. Sec. 15.20.045. - Traffic diversion under congested conditions. If a peace officer determines that the traffic load on a particular street or highway in the Town, or a portion thereof, is such that little or no vehicular flow is occurring and, additionally, if the peace officer finds that a significant number of vehicles are not promptly moving when an opportunity arises to do so, then the peace officer may divert vehicles, excepting public safety or emergency vehicles, from that street or highway, or a portion thereof, subject to traffic congestion until such time as reasonably flowing traffic is restored. ARTICLE III. - OPERATION OF VEHICLES DIVISION 1. - GENERALLY Sec. 15.30.005 —Obedience to traffic - control devices, signs and signals. (a) The driver of any vehicle, the person in charge of any animal, and any pedestrian, shall obey the instructions of any official traffic control device, sign and signal applicable thereto placed in accordance with the traffic ordinances of this Town unless otherwise directed by a police or traffic officer, or when it is necessary for the purpose of avoiding a collision or in case of other 7 of 48 Ordinance 2284 June 18, 2019 Emu !MM vn Sec. 15.20.045. - Traffic diversion under congested conditions. If a peace officer determines that the traffic load on a particular street or highway in the Town, or a portion thereof, is such that little or no vehicular flow is occurring and, additionally, if the peace officer finds that a significant number of vehicles are not promptly moving when an opportunity arises to do so, then the peace officer may divert vehicles, excepting public safety or emergency vehicles, from that street or highway, or a portion thereof, subject to traffic congestion until such time as reasonably flowing traffic is restored. ARTICLE III. - OPERATION OF VEHICLES DIVISION 1. - GENERALLY Sec. 15.30.005 —Obedience to traffic - control devices, signs and signals. (a) The driver of any vehicle, the person in charge of any animal, and any pedestrian, shall obey the instructions of any official traffic control device, sign and signal applicable thereto placed in accordance with the traffic ordinances of this Town unless otherwise directed by a police or traffic officer, or when it is necessary for the purpose of avoiding a collision or in case of other 7 of 48 Ordinance 2284 June 18, 2019 emergency, subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls. Sec. 15.30.007 — Obedience to police or authorized officers. No person shall interfere with or obstruct in any way or fail or refuse to comply with or to perform any act forbidden by any lawful order, signal or direction of a traffic or police officer, or a member of the Fire Department or person authorized by the Chief of Police or the Director of Parks and Public Works or by law. Sec. 15.30.010. - Stop intersections and through streets. (a) For any street or portion thereof which is designated or described by Town Resolution as a through street, or any intersection at which vehicles are required to stop at one (1) or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the Town Engineer shall erect and maintain stop signs, as follows: `" heRe eF any •eselutign ,ac this T- awn designates and .1.a..,.: es a St Feet 9 .a..tien tLa.a Feet as a th Fa gh .t. e .ad to step at .a a (1) .a Rt.�aRees tla n . aa...aa. a.arvrr-v , the Town ERgiReeF shall eFeet .a ...1 t-. stop as felle step, (1) A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated, at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. (2) Every such sign shall conform with, and shall be placed as provided in, section 21355 of the Vehicle Code of the State. (b) Those streets and parts of streets described in such resolution, and those streets and parts of streets heretofore designated and signed by the Town as through streets, until other designations are made, are hereby declared to be through streets for the purpose of this section. (c) The provisions of this section shall also apply at one (1) or more entrances to the intersections as such entrances and intersections have been heretofore designated and signed by this Town, until other designations are made, or as may be hereafter described in such resolution. (d) The provisions of this section shall also apply at those railroad grade crossings as such railroad grade crossings have been heretofore designated and signed by this Town, until other designations are made, or as may be hereafter described in such resolution. (e) When stop signs are erected, as herein provided, at the entrance to any intersection or at any railroad grade crossing, every driver of a vehicle shall stop, as required by the Vehicle Code of the State. Sec. 15.30.015. - One -way streets and alleys. Whenever any resolution of this Town designates any one -way street or alley, the Chief R Pe4ise-Town Traffic Engineer shall place and maintain signs giving notice thereof, and no such 8 of 48 Ordinance 2284 June 18, 2019 regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. Sec. 15.30.020. - Use of limited access highways. No person shall drive a vehicle on, to or from any limited access highway except at such entrances and exits as are established by, or with the consent of, public authority. Sec. 15.30.025. - Driving through funeral processions. No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion when the vehicles in such procession are conspicuously so designated. Sec. 15.30.030. - Driving on new pavement. No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed. Sec. 15.30.035. - Entering intersections, etc., without sufficient space on other side. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic - control signal indication to proceed. Sec. 15.30.040. - Operation of vehicles in parks. It shall be unlawful for any person to drive or ride within the boundaries of any public park in the Town at a rate of speed exceeding fifteen (15) miles per hour, or for any person to ride or drive within the limits of such parks upon any other than the avenues and roads provided therefor. Secs. 15.30.045- 15.30.100. - Reserved. DIVISION 2. - CRUISING Sec. 15.30.105. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 9 of 48 Ordinance 2284 June 18, 2019 Central business district means East Main Street and the area bounded by and including Blossom Hill Road from North Santa Cruz Avenue to State Highway 17, State Highway 17 to South Santa Cruz Avenue, South Santa Cruz Avenue to Broadway, Broadway to Lingley, Lingley to West Main Street, West Main Street to Bayview Avenue, Bayview Avenue to Bean Avenue, Bean Avenue to Massol Avenue, Massol Avenue to Saratoga Avenue, Saratoga Avenue to San Benito Avenue, San Benito Avenue to Mariposa Avenue, Mariposa Avenue to North Santa Cruz Avenue, and North Santa Cruz Avenue to Blossom Hill Road. Cruising is driving a motor vehicle on a highway past a traffic control point designated by a peace officer, under conditions in which traffic is congested at or near the control point, three (3) or more times within a two -hour period, after having driven past such control point twice within the same period and having been given adequate written notice after the second passing that passing the control point a third time under the conditions stated herein shall constitute a violation of this section. Highway and motor vehicle are defined in sections 360 and 415, respectively, of the Vehicle Code. Sec. 15.30.110. - Exclusions. This division shall not apply to the following vehicles: emergency vehicles on patrol, taxicabs for hire, and other business vehicles being driven for business purposes. Sec. 15.30.115. - Cruising prohibited. Cruising in the central business district shall constitute an infraction. Sec. 15.30.120. - Penalty. The minimum penalty for a first conviction of cruising is a one hundred dollar ($100.00) fine; for a second conviction within one (1) year, two hundred dollar ($200.00) fine; for a third or subsequent conviction within one (1) year, two hundred fifty dollar ($250.00) fine. Secs. 15.30.125- 15.30.220. - Reserved. 10 of 48 Ordinance 2284 June 18, 2019 .... ... Secs. 15.30.125- 15.30.220. - Reserved. 10 of 48 Ordinance 2284 June 18, 2019 DIVISION 3. - SPEED Sec. 15.30.225. - Decrease of prima facie speed limits. Whenever by resolution it is determined, upon the basis of an engineering and traffic investigation, that the prima facie limit of sixty -five (65) miles per hour is more than is reasonable or safe upon any portion of a street or highway, other than a State highway, for a distance of not exceeding two thousand (2,000) feet in length between districts, either business or residence, it is hereby declared that the prima facie speed limit upon any such portion of such street or highway, other than a State highway, as therein set forth, but not less than twenty -five (25) miles per hour, shall be as determined in such resolution, and such determined prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon such street or highway. Sec. 15.30.230. - Decrease of prima facie speed limit on narrow street. Whenever, by resolution, it is determined upon the basis of an engineering and traffic investigation that the prima facie speed limit of twenty -five (25) miles per hour in a business or residential district on any portion of a street or highway, other than a State highway, having a roadway not exceeding twenty -five (25) feet in width, is more than is reasonable or safe, it is hereby declared that a prima facie limit of twenty (20) or fifteen (15) miles per hour, whichever is found most appropriate, shall be as determined in such resolution, and such determined prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon such street or highway. Sec. 15.30.235. - Establishing speed limits on certain streets. It is hereby determined upon the basis of an engineering and traffic survey that the following speed limits will facilitate the orderly movement of vehicular traffic and are reasonable and safe and are declared the prima facie speed limits and shall be effective when appropriate signs giving notice thereof are erected upon the street. Prima Facie Speed Limit Declared 15 mph Charles Street, from Bella Vista Avenue to Los Gatos Boulevard Marchmont Drive, from Hilow Road to east end North Santa Cruz Avenue, from Main Street to Los Gatos - Saratoga Road Prima Facie Speed Limit Declared 20 mph Bella Vista Avenue, from New York Avenue to Caldwell Avenue 11 of 48 Ordinance 2284 June 18, 2019 Cleland Avenue, from Reservoir Road to Kimble Avenue College Avenue, from East Main Street to Prospect Avenue Cypress Way, from Spring Street to east end Foster Road, from Johnson Avenue to south Town limits Jackson Street, from Oak Hill Way to Central Avenue Kennedy Road, from one thousand nine hundred (1,900) feet east of Forrester Road to east Town limits Kimble Avenue, from Cleland Avenue to Prospect Avenue Phillips Avenue, from Cypress Way to South Kennedy Road Reservoir Road, from Cleland Avenue to Prospect Avenue University Avenue from Main Street to Mullen Avenue Villa Avenue, from Jackson Street to Fiesta Way Prima Facie Speed Limit Declared 25 mph Andrews Street, from University Avenue to west Town limits Bicknell Road, from Quito Road to Montclair Road Capri Drive, from north Town limits to Knowles Drive Carlton Avenue, from Los Gatos - Almaden Road to National Avenue Cherry Blossom Lane, from Shannon Road to Blossom Hill Road Glenridge Avenue, from Bachman Avenue to Pennsylvania Avenue Harwood Road, from Blossom Hill Road to Town limits Hernandez Avenue, from Glen Ridge Avenue to Town limits Hilow Road, from Cardinal Lane to Shannon Road Loma Alta Avenue, from Los Gatos Boulevard to Cypress Way 12 of 48 Ordinance 2284 June 18, 2019 Los Gatos Boulevard, from Alpine Avenue to Roberts East Road East Main Street, from Route 17 to Alpine Avenue West Main Street, from Broadway to Route 17 Massol Avenue, from Saratoga Avenue to Bean Avenue Montclair Road, from Quito Road to Bicknell Road More Avenue, from Pollard Road to Bicknell Road National Avenue, from Samaritan Drive to Los Gatos - Almaden Road Nino Avenue, from Los Gatos Boulevard to west end Oka Road, from Lark Avenue to Mozart Avenue Old Blossom Hill Road from west end to east end West Parr Avenue, from Pollard Road to Capri Drive Pennsylvania Avenue, from Bayview Avenue to Wissahickon Avenue Quito Road, from Pollard Road to Bicknell Road North Santa Cruz Avenue, from Los Gatos - Saratoga Road to Blossom Hill Road South Santa Cruz Avenue, from Main Street to SR 17 ramp Tait Avenue, from West Main Street to Saratoga Avenue University Avenue, from Mullen Avenue to Blossom Hill Road Wedgewood Avenue, from Pollard Road to Wimbledon Drive Westhill Drive, from Blossom Hill Road to Bacigalupi Drive Wimbledon Drive, from Winchester Boulevard to Wedgewood Avenue Winchester Boulevard, from Blossom Hill Road to east Vineland Avenue All remaining residential and commercial streets 13 of 48 Ordinance 2284 June 18, 2019 Prima Facie Speed Limit Declared 30 mph Hicks Road, from Shannon Road to north Town limits Kennedy road, from Los Gatos Boulevard to one thousand nine hundred (1,900) feet east of Forrester Road Knowles Drive from Winchester Boulevard to Dell Avenue Lark Avenue, from Winchester Boulevard to Los Gatos Boulevard Shannon Road, from Los Gatos Boulevard to Short Road Shannon Road, from Short Road to Hicks Road Short Road, from Shannon Road to Old Blossom Hill Road Prima Facie Speed Limit Declared 35 mph Blossom Hill Road, from North Santa Cruz Avenue to Leigh Avenue Knowles Drive, from Pollard Road to Winchester Boulevard Los Gatos - Almaden Road from Los Gatos Boulevard to east Town limits Los Gatos Boulevard, from Roberts East Road to Samaritan Drive Los Gatos - Saratoga Road from Los Gatos Boulevard to Alberto Way Pollard Road, from Quito Road to Knowles Drive Union Avenue, from Blossom Hill Road to Los Gatos - Almaden Road University Avenue, from Blossom Hill Road to Lark Avenue Winchester Boulevard, from Vineland Avenue to Knowles Drive Prima Facie Speed Limit Declared 40 mph Winchester Boulevard, from Knowles Drive to north Town limits Secs. 15.30.240- 15.30.300. - Reserved. 14 of 48 Ordinance 2284 June 18, 2019 DIVISION 4. - TURNING MOVEMENTS Sec. 15.30.305. - Placement of and obedience to turning markers. (a) The Chief of Police or Town Engineer is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the Chief of Police or Town Engineer is authorized to allocate and indicate more than one (1) lane of traffic from which drivers of vehicles may make right or left hand turns, and such course to be traveled as so indicated may conform to, or be other than as prescribed by, law or this chapter. (b) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. Sec. 15.30.310. - Placement of restricted turn signs. The Town Engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U -turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. Sec. 15.30.315. - Obedience to restricted turn signs. Whenever authorized signs are erected indicating that no right or left U -turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. Sec. 15.30.320. - Left turns between intersections. It shall be unlawful for the operator of any vehicle to turn such vehicle to the left, whether for the purpose of entering or leaving a driveway or otherwise, at any place between the intersections and during the times designated by the Chief of Police or Town Engineer, when such places are appropriately signed or marked. Sec. 15.30.325. - Right turns at wed signal- controlled intersections. No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is sign posted giving notice of such restriction as hereinafter provided in this section. The Town Engineer shall post appropriate signs giving effect to this section where the Town Engineer determines that the making of right turns against traffic signal "stop" indication would seriously interfere with the safe and ordinary flow of traffic. 15 of 48 Ordinance 2284 June 18, 2019 Secs. 15.30.330- 15.30.400. - Reserved. DIVISION 5. - WEIGHT LIMITS Sec. 15.30.405. - Overweight vehicles prohibited. Except as hereinafter provided, no commercial vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be operated on any street, highway or public way within the Town, other than those streets and highways described in section 15.30.410. This section shall not be so construed as to prohibit the operator of any commercial vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds coming from a street or highway designated in section 15.30.410 from having ingress and egress by direct route to and from streets restricted by this section ( "connector streets ") when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building, structure or facility upon such restricted streets for which a building or other permit has previously been obtained therefor or for the purpose of delivering or removing dirt, soil, rock, debris or other materials from the site. Sec. 15.30.410. - Authorized truck routes — Designated. (a) Except as provided in Division 6 of this chapter, the following streets and highways or portions thereof within the Town are hereby designated truck routes and are authorized for use by operators of vehicles which exceed a maximum gross weight of ten thousand (10,000) pounds: Blossom Hill Road. Lark Avenue. Los Gatos - Almaden Road. Los Gatos Boulevard, any portion situated north of its intersection with Saratoga Avenue. North Santa Cruz Avenue, any portion situated north of its intersection with Saratoga Avenue. Saratoga Avenue. Winchester Boulevard. (b) Nothing in this division shall be interpreted to regulate commercial vehicular use of State Highway Nos. 17 and 85. 16 of 48 Ordinance 2284 June 18, 2019 Sec. 15.30.415. - Same— Posting of signs. The Town Engineer shall, not later than thirty (30) days after the designation of any street or portion of a street as a truck route, erect and install appropriate signs designating those streets and highways or portions thereof as such. Sec. 15.30.420.- Reserved. Sec. 15.30.425.- Reserved. Sec. 15.30.430. - Special conditions applicable to movement of buildings. The Town Engineer shall not issue a permit to move a building or structure until all construction and grading permits have been issued and all other Town approvals have been obtained for the project. Sec. 15.30.432. - Exemptions. Nothing in this division shall limit use of Town Streets by vehicles owned or operated by the Town or a licensed contractor while necessary in the use in the construction, installation or repair of any Town facility, vehicles subject to Public Utilities Code Sections 1031 to 1036 inclusive, vehicles owned by a public utility or a licensed contractor while necessary in the use in the construction, installation or repair of any public utility or other provisions of the Town Code. Sec. 15.30.435.- Reserved. DIVISION 6. - LIMITED USE OF STREETS BY PERMIT FEES Sec. 15.30.505. - Purpose. The purpose of this division is to regulate heavy or oversized vehicles and hauling activities on Town streets. Sec. 15.30.510. - Hauling defined. For the purpose of this division, "hauling" shall be defined as the transportation, on and upon Town streets, of any material in a commercial vehicle, the gross weight of which exceeds ten thousand (10,000) pounds resulting from or to be used in any construction project. 17 of 48 Ordinance 2284 June 18, 2019 Sec. 15.30.515. - Heavy vehicles defined. For the purpose of this division, "heavy vehicles" shall be defined as vehicles that exceed the maximum limits specified by article 1 of chapter 5, division 15 of the California Vehicle Code, commencing at section 35550. Sec. 15.30.520. - Regulated activity defined. For the purposes of this division, "regulated activity" shall be defined as: (a) Hauling; or (b) The movement of a heavy vehicle; or (c) Operation or movement of vehicle or combination of vehicles or special mobile equipment of a size exceeding the maximum specified in the California Vehicle Code; or (d) Operation or movement of a vehicle carrying a load as defined in Vehicle Code section 35780.5. Sec. 15.30.525. - Application for permit. Any person desiring to undertake a regulated activity as defined in section 15.30.520 within the Town, shall file an application for a permit to do so with the Town Engineer, except as specifically exempted pursuant to section 15.30.432, on the form and in the manner prescribed by the California Department of Transportation pursuant to Vehicle Code section 35781, or should no such form have been prescribed, the application shall set forth the following information: (a) A full identification, and the residence and business address of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying; if the applicant is the agent or employee of any person for whose benefit the permit is requested, this fact, with the full identification of such person and his business and residence address. (b) The facts constituting the necessity for the regulated activity. (c) The amount of material expected to be hauled, in tons. (d) The dates on which the regulated activity is intended to be commenced and completed, and the times of day during which the regulated activity is intended to be done. (e) The particular streets over which a permit to operate is requested. 18 of 48 Ordinance 2284 June 18, 2019 (f) The time interval between vehicles and the number of vehicles per hour, which will travel over the route for which the permit is applied. (g) The location of the place or places of delivery of the heavy vehicle or materials, provided, however, that if delivery of materials is to be made in small quantities to numerous places, a general description satisfactory to the Town Engineer of the locations of the contemplated deliveries will be sufficient. (h) A specific description of the vehicle or vehicles and load to be operated or moved. (i) Whether such permit is requested for a single trip or for continuous operation. (j) Such further information as the Town Engineer may require. Sec. 15.30.530. - Permit fee. (a) As a condition to the issuance of a permit, the permittee shall pay to the Town at the office of the Town Engineer a fee for the issuance of said permit in an amount hereinafter specified. (b) The fee for the issuance of the same as the fee charged by the California Department of Transportation and listed in 21 California Code of Regulations section 1411.3. (c) Special services required for evaluating applications for and supervising unusually large or heavy loads, such as engineering investigations, escorts, tree trimming, and arborist evaluations, shall be billed separately for each permit on an actual cost basis. (d) No application for a permit for a regulated activity shall be subdivided to avoid payment of a fee or any other requirements of this division, and the fees established by this division shall be in addition to any other traffic mitigation or road impact fees that may apply to the underlying project and in addition to any applicable State or other local agency fee. Sec. 15.30.535. - Reserved. Sec. 15.30.540. - Reserved. Sec. 15.30.545. - Issuance of permit; designation of routes. (a) The Town Engineer shall issue a permit pursuant to this division upon acceptance of a completed application and upon payment of the required fee therefor, and upon the determination by the director that the regulated activity for which such permit is requested reasonably requires the use of Town streets as the director deems necessary to protect the public health and safety. 19 of 48 Ordinance 2284 June 18, 2019 (b) The Town Engineer shall establish, and the permit shall specify the route or routes over which all vehicles subject to the permit shall travel, and such vehicles shall travel only directly over such route, or routes, as the Town Engineer determines to be the least dangerous to public safety, and which shall cause the least interference with general traffic and the least damage to public streets. (Ord. No. 1895, § VIII, 3- 16 -92) Sec. 15.30.546 - Conditions of permit. The Town Engineer shall determine, and the permit shall specify, the conditions of use, including, but not limited to, the following: (a) The gross weight limit of each vehicle which shall be authorized under the permit. (b) The time interval between vehicles, and the number of vehicles per hour which shall be permitted to travel over the route specified. (c) The hours of the day and the days of the week during which such vehicles shall be permitted to travel over the route. (d) The total number of yards or pounds of material which may be hauled subject to the permit. (e) The period during which the permit is effective. (Ord. No. 1895, § VIII, 3- 16 -92) Editor's note— The provisions contained in the above section, enacted by § VIII of Ord. No. 1895 as § 15.30.545, have been re- designated as § 15.30.546 at the discretion of the editor to avoid duplicative section numbering. Sec. 15.30.550. - Appeals against denial. Any applicant aggrieved by a determination of the Town Engineer not to issue a permit pursuant to this division or by the conditions attached thereto in the event such permit is issued, may appeal therefrom to the Town Council by filing a written notice of appeal with the Town Clerk not later than seven (7) days after the determination of the Town Engineer. The Town Council shall hold a hearing thereon as soon as its business will allow, and at the conclusion of the hearing, shall fully decide the matter. Sec. 15.30.555. - Display of permit. Every permit issued hereunder shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection of any peace officer or traffic officer, or any other officer or employee charged with the care of protection of the Town streets. 20 of 48 Ordinance 2284 June 18, 2019 Sec. 15.30.560. - Violation. In addition to any criminal liability authorized by this Code, any operator of a commercial vehicle and any sponsor or developer of a project for which a permit is required by this division shall be liable for a payment of a civil penalty in an amount three times an amount determined adequate to compensate the Town for damages to public streets and property. ARTICLE IV. - STOPPING, STANDING AND PARKING DIVISION 1. - GENERALLY Sec. 15.40.010. - Applicability of parking regulations. (a) The provisions of this article prohibiting the stopping, standing, or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a Police Officer or authorized Parks and Public Works Employee or official traffic - control device. (b) The provisions of this article imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the State Vehicle Code, or the regulations of this Town, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. Sec. 15.40.015. - Parking regulation. When provided by resolution of the Town Council and appropriate signs or markings are in place giving notice, no person shall stop, stand or park any vehicle on any highway in the Town or in any off - street parking facility the Town owns or operates at a time or for a longer period than such resolution provides. Sec. 15.40.017 — Application of chapter to authorized emergency vehicles. (a) The provisions of this chapter regulating the operating, parking and standing of vehicles shall not apply to any vehicle of the police department or fire department, any public ambulance, or any public utility vehicle, or any private ambulance, which public utility or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code in response to an emergency call. (b) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his /her willful disregard of the safety of others. 21 of 48 Ordinance 2284 June 18, 2019 Sec. 15.40.020. - Removal of illegally parked vehicles— Authorized. When provided by resolution of the Town Council, and in accordance with State Law, the Chief of Police or any regularly employed and salaried employee of the Town who is engaged in directing traffic or enforcing parking laws and regulations and who is designated by the Chief of Police may remove a vehicle from a highway when the vehicle is parked or left standing under circumstances prohibited by such resolution. No vehicle may be removed unless signs are posted warning of the circumstances under which vehicle removal will occur. Sec. 15.40.025. - Same — Provisions for, storage. Removal of vehicles under the provisions of section 15.40.020 may be done by employees of the Town or persons engaged by the Town to do such work. The Town Manager is authorized to contract with persons such as operators of automotive towing services to perform the work of removal and to store removed vehicles. Sec. 15.40.030. - Same —Lien for cost. Subject to the provisions of sections 15.40.035 through 15.40.055, the person who removes the vehicle and stores it under the provisions of sections 15.40.020 through 15.40.055 has a lien of the sort described in Vehicle Code section 22851. Sec. 15.40.035. - Right to release of vehicles. Any person to whom a vehicle may lawfully be released under the provisions of sections 15.40.020 through 15.40.055 who asserts for any reason that there is no proper obligation to pay for the removal and storage of the vehicle may obtain possession of the vehicle if the person deposits with the keeper of the place where the vehicle is stored either a sum equal to the charge claimed for removal and care of the vehicle or a surety bond issued by a surety company licensed in the State guaranteeing that such payment will be made if the final determination resulting from the post - removal hearing is that the towing and storage were proper. Sec. 15.40.040. - Hearings. When a vehicle is removed and stored under the provisions of sections 15.40.020 through 15.40.030, a post- storage hearing to determine the propriety of the removal and storage shall be provided upon request of the registered or legal owner of the vehicle or the owner's agent. Any such hearing shall be held within forty -eight (48) hours, excluding weekends and holidays, of the time the Town receives the request. The hearing shall be conducted by the Chief of Police or a person designated by the Chief of Police. 22 of 48 Ordinance 2284 June 18, 2019 Sec. 15.40.045. - Notice of removal and right to a hearing. When a vehicle is removed and stored under the provisions of sections 15.40.020 through 15.40.030 the section 15.040.040 notice shall be mailed or personally delivered to the registered and legal owners within forty -eight (48) hours, exclusive of weekends or holidays. The notice shall inform the addressees that they have the right to a post- storage hearing if they request it within ten (10) days of the date on the notice, that request may be made in writing, personally, or by telephone, and that the request must be received by the Police Department before the end of the ten -day period shown in the notice. The notice shall include the following information: (1) Name, address, and telephone number of the Town Police Department; (2) The location and description of the vehicle, including, if reasonably ascertainable, the name or make, the manufacturer's serial number, the license plate number, and the mileage; (3) The authority and purpose of the removal; (4) The right to make a deposit or post a bond to obtain prehearing release of the vehicle. Sec. 15.40.050. - Waiver. Failure to request a hearing or to attend one (1) that has been scheduled is a waiver of the right to a hearing. Sec. 15.40.055. - Costs charged to Town. If, as a result of the hearing, it is determined that the vehicle was not stored in compliance with the provisions of sections 15.40.020 and 15.40.025, the Town shall be responsible for the costs of towing and storage. Sec. 15.40.065. - Use of streets for storage of vehicles prohibited. (a) No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street, alley or publicly owned parking lot for more than a consecutive period of seventy -two (72) hours. For the purposes of this section, a vehicle shall be considered to 23 of 48 Ordinance 2284 June 18, 2019 Mir Sec. 15.40.065. - Use of streets for storage of vehicles prohibited. (a) No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street, alley or publicly owned parking lot for more than a consecutive period of seventy -two (72) hours. For the purposes of this section, a vehicle shall be considered to 23 of 48 Ordinance 2284 June 18, 2019 have been parked or left standing for seventy -two (72) or more consecutive hours if it has Red inepeFahle ^- has not been moved at least five - tenths of a mile or more during said seventy -two (72) hour period. (b) In the event a vehicle is parked or left standing upon any street, alley or publicly owned parking lot in excess of a consecutive period of seventy -two (72) hours, any member of the Police Department may remove such vehicle from the street in the manner, and subject to the requirements of sections 22650 to 22652 and 22850 to 22854 of the Vehicle Code of this State. 15.40.066 -Use of streets for abandonment of vehicle prohibited. (a) No person who owns or has possession, custody or control of any vehicle shall abandon such vehicle upon any street, alley, or publicly owned parking lot. For purposes of this section, a vehicle shall be considered to be abandoned if it is inoperable, wrecked, disabled, dismantled, or determined to be in a condition indicating its sustained disuse. 15.40.067 — Abandoned, inoperable, wrecked, disabled, dismantled vehicles on private and public property. In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town Council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. 15.40.06701- Exemptions. This chapter shall not apply to: (1) A vehicle or parts thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle or parts thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. 24 of 48 Ordinance 2284 June 18, 2019 Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code or this chapter. 15.40.06702 - Chapter not exclusive regulation. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the Town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore and hereafter enacted by the Town, the state or any other legal entity or agency having jurisdiction. 15.40.06703 - Administration and enforcement. Except as otherwise provided in this chapter, provisions of this chapter shall be administered and enforced by the Chief of Police or Town Manager or designees. In the enforcement of this chapter, such officer may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter. 15.40.06704 - Right of entry to abate nuisance. When the Town Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. 15.40.06705 - Abatement— Administrative costs determination. The Town Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this chapter. 15.40.06706 - Abatement — Authority for action. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the Town, the chief of police or designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. 15.40.06707 - Abatement — Notice. A ten -day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance, shall be mailed by certified mail to the owner of the land and to the owner of the 25 of 48 Ordinance 2284 June 18, 2019 vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and Address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address) you are hereby notified that the undersigned pursuant to Section 15.40.067 et seq. of the Los Gatos Town Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to , license number , which constitutes a public nuisance pursuant to the provisions of the Los Gatos Town Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the Town of Los Gatos and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. As owner of the land on which said vehicle (or said parts of vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by Chief of Police within such 10 -day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the cost as aforesaid without a public hearing. You may submit a sworn written statement within such 10 -day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. Notice Mailed s/ (date) (locally designated officer)" "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and /or legal owner of record of vehicle - notice should be given to both if different) 26 of 48 Ordinance 2284 June 18, 2019 As last registered (and /or legal) owner of record of vehicle make model license etc. you are hereby notified that the undersigned pursuant to Section 15.40.067 et seq of the Los Gatos Town Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (address) and constitutes a public nuisance pursuant to the provisions of the Los Gatos Town Code. You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. As registered (and /or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Chief of Police within such 10 -day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed s/ (date) (locally designated officer)" 15.40.06708 - Abatement — Hearing— Notice. Upon request by the owner of the vehicle or owner of the land received by the Police Department within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by Chief of Police or designee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten -day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by certified mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten days after mailing of the notice of intention to abate and remove, the Town shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 15.40.06709 - Abatement — Hearing— Action. All hearings under this chapter shall be held before the Chief of Police or designee which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony 27 of 48 Ordinance 2284 June 18, 2019 on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The Hearing Officer may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Hearing Officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the Hearing Officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Hearing Officer but does not appear, he shall be notified in writing of the decision. 15.40.06710- Abatement — Appeal. (a) Any person aggrieved by an administrative decision of the Hearing Officer on an abatement hearing may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the time lines and provisions set forth in California Government Code section 53069.4. (b) Any person who is seeking review of the administrative decision pursuant to this section must provide written notice to the Chief of Police of their intent to do so within five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision if such notice is required by Section 15.40.067 et. seq. 28 of 48 Ordinance 2284 June 18, 2019 15.40.06711- Disposal. If no notice of appeal is received by the Chief of Police then five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 15.40.067 et. seq., or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. 15.40.06712 - Notice to Department of Motor Vehicles. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. 15.40.06713- Costs assessment. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.44.100 are not paid within thirty days of the date of the order or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. 15.40.06714 - Hours. It is unlawful to assemble or disassemble, construct, reconstruct, repair and /or service motor vehicles, motorcycles, boats, construction equipment, household appurtenances and appliances upon any residential yard and /or driveway between the hours of nine p.m. and eight a.m. Pacific standard time. No such work shall be done on any front yard and /or driveway on any of the aforementioned items of property for anyone other than the resident except for emergency purposes; provided said emergency service does not extend over a period of two hours. No such work shall be done on any front yard and /or driveway by the resident except for emergency purposes; provided said emergency service does not extend over eight hours. Sec. 15.40.070. - Parking commercial vehicles in residential zones. (a) Residential zones are the RC, HR, R -1, RD and R -M zones, and any other zone designated by chapter 29 of this Code as a residential zone, and any other zone designated as a Planned Development Overlay for Residential Uses. 29 of 48 Ordinance 2284 June 18, 2019 (b) Between 5:00 p.m. and 5:00 a.m. no person shall park or leave parked a commercial vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds on the portion of a street which abuts property in a residential zone. (c) Vehicles used to perform emergency or commercial services are exempt from the provisions of this section, but only while the services are being performed, and when the vehicle is reasonably necessary to the performance of the services and is parked as close as is practical to the place where the services are performed. (Code 1968, § 16 -48.1) Sec. 15.40.075. - Parking for purposes of display, repair, etc., prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: i�tm!+ewrrr.�rrrs.� � ri�x +re (21Wasb+ag) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency. (Code 1968, § 16 -49) Sec. 15.40.080. - Establishment of preferential parking zones. (a) The Town Council may by resolution establish preferential parking zones. The resolution shall include the following, as well as any other matters deemed pertinent by the Council: (1) The boundaries of the zone. (2) The hours during which preferential parking shall apply. (3) The procedure for obtaining preferential parking permits, including the fee therefor. (b) Upon adoption of a preferential parking resolution, no person shall park in the designated area during the hours specified for preferential parking without a preferential parking permit or guest parking permit. (c) No person shall alter, forge, counterfeit, or falsify any guest parking permit relating to a preferential parking program or display or cause or permit to be displayed any such altered, forged, counterfeited or false permit with intent to represent the permit as issued by the Town. (Code 1968, § 16 -50) 30 of 48 Ordinance 2284 June 18, 2019 Sec. 15.40.085. - Emergency parking regulations. (a) Whenever the Chief of Police or Town Engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the Chief of Police or Town Engineer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the Chief of Police or Town Engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the Chief of Police shall cause such signs to be removed promptly thereafter. (b) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. (Code 1968, § 16 -54) Sec. 15.40.090. - Parking on parkway. No person shall park any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer, or in compliance with signs authorized by this Chapter on any parkway except at a permanent or temporary driveway without obstructing pedestrian path or direct extension of the sidewalk. For purposes of this section parkway shall be defined as that space between the physical boundary of the roadway marked by curbing construction, including a rolled curb and valley gutter, and the adjacent right -of -way line. (Code 1968, § 16 -55) Sec. 15.40.095. - Marking parking spaces. Whenever the Town Engineer determines that the public welfare, which includes but is not limited to matters of safety, conservation of parking and public peace, requires, the Town Engineer may mark highway and public parking lot surfaces or curbs, or both, to designate angle or parallel parking spaces. Where there are such markings no person shall park or stand any vehicle unless it is entirely within a designated space. (Code 1968, § 16 -55.1) Sec. 15.40.100. - Parking on grades. It shall be unlawful for any person driving, or in control of, or in charge of, a motor vehicle to permit it to stand on any highway unattended when upon any grade exceeding three (3) percent within any business or residence district without blocking the wheels of such vehicle by turning them against the curb or by other means. 31 of 48 Ordinance 2284 June 18, 2019 (Code 1968, § 16 -59) Sec. 15.40.105. - Parking spaces for handicapped persons. (a) The Town Council may by resolution designate parking spaces or stalls on streets or in publicly owned off - street parking lots or structures for the exclusive use of vehicles which bear distinguishing license plates or in which are properly displayed placards issued to handicapped persons (Vehicle Code section 22611.5) or disabled veterans (Vehicle Code section 9105). When a stall or space is so designated, and is either marked with a blue curb or posted with a sign or both, in the manner specified in Vehicle Code sections 22507.8 and 22511.7, the provisions of Vehicle Code section 22507.8 apply, and it is unlawful for any person to park or leave standing in such a space or stall a vehicle without the distinguishing license plate or placard. (b) The Town Council may by resolution find that there are privately owned and maintained off - street parking facilities, which must be described in the resolution, to which the provisions of Vehicle Code section 22507.8 ought to apply. Under authority of Vehicle Code section 21107.8, if the Council does adopt such resolution, the provisions of subsection (a) of this section shall have effect as to such parking spaces. However, for such resolution to be effective, the provisions of section 21107.8(b) and (c) concerning posting of signs and the holding of a noticed public hearing before adoption of the resolution must be complied with. (c) If, in the course of any zoning approval or under the terms of any zoning ordinance, parking spaces for use by handicapped persons or disabled veterans are required to be provided on privately owned and maintained off - street parking facilities, the landowner, lessee, and any person in control of the facilities is required to post the facilities in the manner required by Vehicle Code section 21107.8(b) and to mark or post or both each parking stall or space designated for use by handicapped or disabled persons in the manner specified in Vehicle Code sections 22507.8 and 22511.7. It is unlawful to fail to comply with the terms of this paragraph. (Code 1968, § 16 -60) Sec. 15.40.110. - Placement and meanings of curb markings for parking regulations. (a) The Town Engineer is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and such curb markings shall have the meanings as herein set forth: (1) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code of the State, and except that a bus may stop in a red zone marked or signed as a bus zone. 32 of 48 Ordinance 2284 June 18, 2019 (2) Yellow shall mean no stopping, standing or parking at any time between 9:00 a.m. and 6:00 p.m. of any day except holidays for any purpose other than the loading or unloading of passengers or materials; provided, that the loading or unloading of passengers shall not consume more than three (3) minutes, nor the loading or unloading of materials more than thirty (30) minutes. (3) White shall mean no stopping, standing or parking at any time of any day for any purpose other than loading or unloading of passengers, which shall not exceed ten (10) minutes. (4) Green shall mean no stopping, standing or parking for longer than thirty (30) minutes at any time between 8:00 a.m. and 8:00 p.m. seven (7) days a week, including holidays. (b) Where curb markings have been heretofore placed by authority of this Town, and when the Town Engineer, as authorized under this section, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section. (Code 1968, § 16 -61; Ord. No. 1797, § I, 9 -5 -89) Sec. 15.40.115 —No parking of vehicles over eight feet in height. It shall be unlawful to park any vehicle exceeding eight (8) feet in height at any time upon any of the streets, or parts of street as set forth by resolution of the Town Council or where there are marked signs prohibiting such parking. Secs. 15.40.116- Electric vehicle charging parking spaces. A person shall not park or leave standing a vehicle in a stall or space designated Electric Vehicle Charging unless the vehicle is connected for electric charging purposes. Once full charge has been achieved, the vehicle must be removed. Sec. 15.40.117 - 15.40.150. - Reserved. Sec. 15.40.255. - Authority to establish. (a) The Town Engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows: (1) At any place in any business district, but never two (2) or more, where one (1) will suffice or serve a common purpose. 33 of 48 Ordinance 2284 June 18, 2019 (2) Elsewhere in front of the entrance to any place of business, or in front of any hall or place used for the purpose of public assembly. (b) In no event shall more than one -half of the total curb length in any block be reserved for loading zone purposes. (c) Loading zones shall be indicated by a yellow paint line stenciled with black letters, "LOADING ONLY" upon the top of all curbs within such zones. (d) Passenger loading zones shall be indicated by a white line, stenciled with black letters, "PASSENGER LOADING ONLY," upon the top of all curbs in such zones. Sec. 15.40.260. - Applicability and effect of loading zone regulations. (a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles, and shall not extend beyond the time necessary therefor, and in no event for more than thirty (30) minutes. (b) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States mail. (c) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not exceed beyond the time necessary therefor, and in no event for more than ten (10) minutes. (d) Within the total time limits above specified, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading, but without permitting abuse of the privileges hereby granted. Sec. 15.40.265. - Use of loading zones. No person shall stop, stand or park a vehicle in any yellow zone for any purpose other than loading or unloading passengers or materials for such time as is permitted in section 15.40.260. Sec. 15.40.270. - Use of passenger loading zones. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in section 15.40.260. Sec. 15.40.275. - Parking, etc., in alleys restricted to loading or unloading. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. 34 of 48 Ordinance 2284 June 18, 2019 Sec. 15.40.280. - Permit for loading or unloading at an angle to the curb. The Town Engineer is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property, or to the owner of the vehicle, and shall grant to such person the privilege as therein stated and authorized herein, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. Sec. 15.40.285. - Bus loading zones. (a) The Town Engineer is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers, and to determine the location thereof, subject to the directives and limitations set forth herein. (b) The word bus as used in this section shall mean any motor bus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers. (c) No bus zone shall exceed sixty (60) feet in length. (d) Bus zones shall be indicated by painting the curb red, or by the erection of appropriate signs or both. (e) No person shall stop, stand or park any vehicle except a bus in a bus zone. Sec. 15.40.290. - Unauthorized use of public motor vehicle stands. It shall be unlawful for the driver of any vehicle, other than the driver of a public motor vehicle for which a stand permit has been issued, to park or leave standing such vehicle in any public motor vehicle stand. All such stands shall be distinctly identified as such. ARTICLE V. - PEDESTRIANS Sec. 15.50.010. - Establishment of marked crosswalks. (a) The Town Engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway. Crosswalks shall be established and maintained where the Town Engineer determines that there is particular hazard to pedestrians crossing the roadway, subject to the limitation contained in subsection (b) of this section. 35 of 48 Ordinance 2284 June 18, 2019 (b) Other than crosswalks at intersections, no crosswalks shall be established in any block which is less than four hundred (400) feet in length. Elsewhere not more than one (1) additional crosswalk shall be established in any one (1) block, and such crosswalk shall be located as nearly as practicable, at midblock. Sec. 15.50.015. - Use of crosswalks required in business district. No pedestrian shall cross a roadway other than in a crosswalk in any business district. Sec. 15.50.020. - Manner of crossing roadway. No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a marked crosswalk. Sec. 15.50.025. - Standing in roadway. No person shall stand in a roadway, or allow any part of such person's body to extend into a roadway, in a way that interferes with the lawful movement of traffic or creates an unsafe traffic condition. Persons lawfully crossing the roadway or lawfully doing work in the roadway are exempt from the provisions of this section. ARTICLE VI. - TRAFFIC- CONTROL SIGNS, SIGNALS, DEVICES AND MARKINGS Sec. 15.60.010. - Authority to install traffic - control devices. The Town Engineer may place and maintain such traffic - control devices as the Town Engineer may deem necessary to regulate traffic or to guide or warn traffic under emergency conditions, but the Town Engineer shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in the traffic regulations of this Town, or as may be hereafter determined by the Town Council. Sec. 15.60.015. - When traffic - control devices required for enforcement. No provision of the Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws. Sec. 15.60.020. - Removal, relocation, etc., of traffic - control devices. The Town Engineer is authorized to remove, relocate or discontinue the operation of any traffic - control device not specifically required by State law or this chapter, whenever the Town Engineer shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain. 36 of 48 Ordinance 2284 June 18, 2019 Sec. 15.60.025. - Hours of operation of traffic - control devices. The Town Engineer shall determine the hours and days during which any traffic - control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this chapter. Sec. 15.60.030. - Unauthorized painting of curbs. It shall be unlawful for any person, without authority from the Town, to place or maintain paint or other material upon any curb in the Town in a manner which purports to be, or is, an imitation of, or resembles official indication of, parking regulations. ARTICLE VII. - TRAFFIC IMPACT MITIGATION FEES Sec. 15.70.010. - Short title. This article shall be known as the "Town of Los Gatos Traffic Impact Mitigation Fee Ordinance" and may be so cited. Sec. 15.70.015. - Purpose. (a) The Town Council finds that all new development and expansion of uses contribute to cumulative traffic impacts. These impacts are difficult to measure and mitigate on a project -by- project basis, yet are cumulatively measurable and mitigable. Failure to expand the capacity and /or reduce the demand of the existing circulation system will cause unacceptable levels of service and congestion on streets and intersections, traffic accidents, air pollution, noise, and restrictions on access for emergency vehicles. (b) The Town Council finds that the purpose of the traffic impact mitigation fee is to assure that each new development or expansion of use pays its fair share of the transportation improvements needed to accommodate the cumulative traffic impacts. Existing and known future sources of revenue are inadequate to fund a substantial portion of the transportation improvements necessary to reduce vehicle mile travel and avoid unacceptable levels of service, congestion, and related adverse impacts. (c) The Town Council declares the traffic improvement area shall be the Town limits to finance transportation improvements where such improvements have been identified by the Town's general plan and any applicable specific plan. (d) The Town Council has determined that traffic impact mitigation fees are necessary in order to finance transportation and traffic improvements within the traffic improvement area. (e) In establishing the fees described in this article, the Town Council has found that these fees will replace the intersection capacity in -lieu fees and median island fees. 37 of 48 Ordinance 2284 June 18, 2019 (f) These fees are in addition to project specific required capacity improvements and trip - reduction measures. Sec. 15.70.020. - Scope. This article establishes cumulative traffic impact mitigation fees through assessments on new developments and expansion of uses authorized through the approval of minor land divisions, major subdivisions, building permits, and all zoning approvals in the Town. This article further provides for the establishment of trust funds to receive the revenues collected by the Town, and authorizes the Council to establish the inventory of capital improvement facilities for which funds may be expended and the amount of fees to be assessed, subject to periodic review. Sec. 15.70.025. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building permit shall mean the permit issued or required by the Town for the construction of any structure pursuant to and as defined by the building code. Development shall mean residential or nonresidential improvements on a site. Existing development shall mean any already existing habitable residential or nonresidential building or projects which rebuild or remodel the existing development without increasing the trips generated. No fee shall be charged for development already existing. Expansion of use, to determine traffic increases, shall include any increase in the number of living units, gross floor area in a nonresidential development and /or any intensification of use which increases trips generated. Future growth shall mean the level of future development anticipated in the Town consistent with the general plan and any applicable specific plan and shall be expressed as the difference between the existing and potential land use within the Town. Both the existing and potential land use data shall be used to estimate the number of trips arriving and /or leaving from various planning areas within the Town through the use of a trip generation rate. Site shall mean a plot of ground consisting of one (1) or more lots or parcels on which a common improvement is proposed or exists. Transportation improvements shall mean those improvements and related actions necessary to implement the circulation element of the Town's general plan and any applicable specific plan and shall include and not be limited to: paving, curb and gutter, sidewalks, medians with landscaping, drainage facilities, traffic signals, street lighting, signing, striping, noise walls, right- 38 of 48 Ordinance 2284 June 18, 2019 of -way and other improvements or actions necessary to mitigate significant cumulative traffic impacts. Trip generation rate shall mean the number of vehicle trips over a weekday twenty- four -hour period generated by a particular type of land use and shall be expressed in terms of the number of acres or square feet of land for each land use category. The Town Engineer may exercise reasonable discretion to establish recommended trip generation rates for land use categories consisting of groupings of land uses having similar use and functional characteristics. When the trip generation rate is multiplied by the amount of land, the number of trips, both incoming and outgoing, shall be estimated. Use shall mean the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained. Vehicle trip end shall mean an incoming or outgoing trip going to or coming from anywhere within the Town or outside the Town. Sec. 15.70.030. - Fee determination. (a) The traffic impact mitigation fee shall be based upon the unfunded cost of the transportation improvements necessary to upgrade the traffic circulation system as identified in the Town's general plan. The traffic /build -out analysis (prepared as a part of the Environmental Impact Report for the Town's general plan dated February 4, 1985, on file with the Planning Department) identified the projected new vehicle trip ends that will be generated by new growth occurring at the build -out of the Town in accordance with the existing general plan. All of the anticipated trip ends for each land use category were added up to determine the total number of additional trips that the Town's circulation system must accommodate consistent with the general plan. (b) The traffic impact mitigation fee shall be calculated in accordance with the following procedure: (1) The Town Engineer shall determine the estimated cost of the transportation improvements necessary to implement the circulation element of the Town's general plan. (2) The Town Engineer may also take into account the relative benefit of particular transportation improvements to different land uses in order to allocate the cost of such improvements fairly and equitably among the different land uses. (3) The Town Engineer in conjunction with the Town Finance Manager shall determine the current and anticipated funding available to pay the costs of constructing the transportation improvements. In determining the amount of funding available, the Town Engineer shall include 39 of 48 Ordinance 2284 June 18, 2019 funding from other governmental entities and Town revenues earmarked for roadway construction purposes. (4) The Town Engineer shall determine the difference between the estimated costs and the estimated current and anticipated future funding available to complete the transportation improvements. (5) The extent to which the estimated cost exceeds the estimated current and anticipated future funding shall be the unfunded cost of the transportation improvements to be raised via traffic impact mitigation fees. (c) The Town Engineer shall determine the fee for each land use in accordance with the following procedure: (1) The fee per vehicle trip end shall be calculated by dividing the unfunded cost of transportation system improvements by the total number of trip ends expected to be generated by future growth. (2) The unadjusted traffic impact mitigation fee shall be calculated by multiplying the fee per trip end by the trip generation rate per land use category. (3) The unadjusted traffic impact mitigation fee may then be adjusted by the Town Engineer, in a reasonable exercise of discretion, to make the fee reflect more accurately the interrelationships between the land use category, traffic impacts, transportation improvement costs, the Town's general plan and any applicable specific plan, local and regional social, economic, and commercial needs and a fair and equitable mitigation fee distribution. In addition, the Town Council expressly reserves its full legislative discretion to adjust or categorize the traffic impact mitigation fees to be assessed to the maximum extent permitted by law. (4) The Town will utilize its best efforts to maintain records for the purposes of determining credits that may be due to any particular property. However, except as otherwise specifically provided by law, the ultimate burden and responsibility for establishing entitlement to any credit shall rest with the person claiming entitlement to a credit. (5) Unusual circumstances may result in this policy placing an undue burden on a developer or landowner. In such cases, the Town reserves the right to enter into an agreement to deviate from the policy as may be approved by the Town Council. Sec. 15.70.035. - Amount and payment of fee. (a) The Town Council shall by resolution set forth the specific amount of traffic impact mitigation fees. These fees are subject to periodic review by the Town Council. 40 of 48 Ordinance 2284 June 18, 2019 (b) All projects which are determined by the Town Engineer to have the potential to generate additional present and future vehicle trips are required to pay the traffic impact mitigation fee. (c) The fee shall be paid in full to the Town of Los Gatos Build'Rg r,,,pal4m ^t prior to issuance of the building permit for the development. If no building permit is required for a change of use, the fee shall be paid in full prior to issuance of a certificate of use and occupancy. (d) No final subdivision map, parcel map or certificate shall be filed for recording until the traffic impact mitigation fee has been paid in full. Sec. 15.70.040. - Establishment of trust fund. There is hereby established a special trust fund into which all traffic impact mitigation fees and any interest thereon collected pursuant to this article, shall be deposited in a separate account in a manner to avoid any commingling of the fees with other revenues and funds of the Town. (Ord. No. 1828, § 41 (37.04.010), 7 -2 -90) Sec. 15.70.045. - Use of monies in trust fund. (a) Money in the trust fund established in this article shall be used solely for construction of identified traffic and transportation improvement projects. (b) The monies in the fund shall be eligible for expenditure only for projects related to mitigating the impacts of new development. These funds Gan Retcannot be used for routine repairs and maintenance. Sec. 15.70.050. - Preclusion of additional mitigation measures not guaranteed. This article shall not preclude the imposition of additional mitigation measures to address significant direct impacts of any development or expansion of use or to address otherwise unfunded transportation improvements, nor shall this article preclude adoption of statement of overriding considerations where desirable and appropriate. ARTICLE VIII. - TRANSPORTATION DEMAND MANAGEMENT Sec. 15.80.010. - Requirements. (a) Within the Town of Los Gatos, the implementation of trip reduction and travel demand requirements pursuant to Government Code Section 65089.3 shall be satisfied through the administration, implementation, and enforcement by the Bay Area Air Quality Management District Regulations. „c D,,...,... oegul .tier 13, Rule 1 (4-Fi. 0,..1ueti .., o..quiF....,ents f9F LaFge ter• 41 of 48 Ordinance 2284 June 18, 2019 (b) The Town of Los Gatos shall certify annually to the Congestion Management Agency that this ordinance remains in effect. Secs. 15.80.015- 15.80.055. - Reserved. ARTICLE IX. - MITIGATION OF ROAD IMPACTS CAUSED BY CONSTRUCTION PROJECTS Sec. 15.90.010. - Purpose. (a) The Town Council finds that the roads of this community were built under a variety of agencies and standards. Many of the Town's streets have little base and limited overlay with restricted drainage systems and were never intended to support heavy vehicles or loads. Construction projects have had a serious adverse effect on the Town's street system, and it is only fair and just that there should be an equitable contribution to repair streets that are damaged by hauling and deliveries done in connection with these projects. Because the effects of these projects can be spread across a large area and the Town does not and cannot have the staff or oversight to identify specific items of damage and construction projects accelerate or begin the deterioration of the street system, it is also fair and just to establish a fee to be collected when permits are issued for construction projects that will be deposited in the street repair funds and used to refurbish roads which suffer deterioration due to construction activities. (b) The Town Council finds that the purpose of the construction activities mitigation fee is to assure that each new development or expansion of use pays its fair share of the refurbishment needed to mitigate the impacts of construction activities. (c) The Town Council declares the road refurbishment area shall be the Town limits to finance refurbishment where such projects have been identified by the Town Council. (d) The Town Council has determined that the construction activities mitigation fee is necessary in order to finance road refurbishment activities and projects. (e) The Town Council finds and determines that there is a reasonable and rational relationship between the use of the construction activities mitigation fee and the type of development projects on which the fees are imposed because the fees will be used to refurbish the roads that are necessary for the safety, health and welfare of the residential and non- residential users of the roads on which the construction activities mitigation fee will be levied. (f) The Town Council finds and determines that there is a reasonable and rational relationship between the need for refurbishment of the transportation system and the type of development projects on which the construction activities mitigation fee is imposed because it will be necessary for the residential and nonresidential users of such projects to have access to the transportation system. Such development will benefit from the transportation refurbishments and the burden of such development will be mitigated in part by the payment of the construction activities mitigation fee. 42 of 48 Ordinance 2284 June 18, 2019 (g) The Town Council further finds and determines that the estimates of road deterioration costs referenced in the Traffic Impact and Construction Activities Impact Mitigation Fee Update Study are reasonable cost estimates, and that the amount of the construction activities mitigation fee expected to be generated by new development will not exceed the total fair share cost to such development. (h) The Town Council further finds that the cost estimates referenced in the Traffic Impact and Construction Activities Impact Mitigation Fees Update Study are reasonable cost estimates for deterioration of the facilities that comprise the transportation system; and that construction activities mitigation fee revenues to be generated by new development will not exceed the total fair share of these costs. (i) The Town Council further finds that the construction activities mitigation fees collected pursuant to this section shall be used to help pay for refurbishment of the transportation system, and that the need for the refurbishment is related to new development because the equipment excavation and activity traversing public streets during the construction of the development results in deterioration; thus creating the demand for the refurbishment. (j) The Town Council hereby adopts the report entitled "Traffic Impact and Construction Activities Mitigation Fees Update Study" (study), and incorporates herein by this reference the assumptions, conclusions and findings included in the report regarding construction activities mitigation fees. The study includes options for a per- square -foot added fee ranging between one dollar [and] sixty -one cents ($1.61) to two dollars [and] thirty -nine cents ($2.39) for residential development, and one dollar [and] forty -one cents ($1.41) to two dollars [and] nine cents ($2.09) for non - residential. These options were based on pavement deterioration due to construction activities for Los Gatos and a mix of neighboring communities, including Saratoga, Monte Sereno, and Campbell. (k) The Town Council hereby adopts an initial construction activities mitigation fee of one dollar ($1.00) per- square -foot added for both residential and non - residential development effective July 1, 2010. Sec. 15.90.020. - Reserved. Sec. 15.90.025. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building permit shall mean the permit issued or required by the Town for the construction of any structure pursuant to and as defined by the building code. Development shall mean building or other land construction activity, or making a physical change in the use of a structure or land, in a manner that makes use of the Town's road system. 43 of 48 Ordinance 2284 June 18, 2019 Development permit shall mean any zoning entitlement permit or approval from the Town of Los Gatos, including, but not limited to, a general plan amendment, zoning or rezoning of property, a conditional use permit, subdivision map, development review application, building permit or other permit for construction, reconstruction or remodeling. Site shall mean a plot of ground consisting of one (1) or more lots or parcels on which a common improvement is proposed or exists. Sec. 15.90.030. - Usage of fees collected. (a) The fees collected under this article will be deposited in fund accounts. (b) Money in the trust fund established in this article shall be used solely for the following: (1) To design, construct, and refurbish roads within the Town of Los Gatos. (2) To reimburse the Town of Los Gatos to offset only direct costs (not overhead) administrative costs associated with administering and updating the construction activities mitigation fee. (3) To make refunds if and when required by the applicable sections of Government Code § 66000, et seq., or any applicable successor statutes. (c) The monies in the fund shall be eligible for expenditure only for projects related to mitigating the impacts of new development. These funds cannot be used for routine repairs and maintenance. (d) The monies in the fund may be used for purposes that include, but are not limited to, the following: (1) Design and construction plan preparation; (2) Permitting; (3) Land and materials acquisition, including any costs of acquisition or condemnation; (4) Design and construction, refurbishment or reconstruction of transportation capital improvements; (5) Design and construction, refurbishment or reconstruction of sanitary sewers, drainage facilities, or other public improvements required by the construction of transportation capital improvements; (6) Relocating utilities required by construction, refurbishment or reconstruction; 44 of 48 Ordinance 2284 June 18, 2019 (7) Landscaping; (8) Construction management and inspection; (9) Surveying, soils and material testing; (10) Acquisition of capital equipment that is an intrinsic part of a facility; (11) Demolition that is part of the construction of any of the improvements on this list; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued to provide money to construct or acquire traffic mitigation facilities. Sec. 15.90.035. - Amount and payment of fee. (a) The applicant shall provide information regarding the previous and proposed use(s) of the site, including a description of the proposed uses for which a development permit is being sought, with sufficient detail to enable the Town to calculate the number of square feet of development under the proposed use(s). (b) Except as may be otherwise provided in this article, the amount of the construction activities mitigation fee shall be determined by calculating the number of square feet for the proposed use(s). (c) Whenever a construction activities mitigation fee is imposed pursuant to this section, the Town shall provide each applicant for a development permit with a notice in writing at the time of the approval of the development permit or at the time of the imposition of the construction activities mitigation fees, a statement of the amount of the fees and notification of the ninety - day approval period in which the applicant may protest the fees. Said notice shall be in substantially the following form: "The conditions of project approval for your project, identified as , include certain fees, dedication requirements, reservation requirements and /or other exactions more specifically described as: (identification of the amount of the Impact Fee and /or description of the dedications, reservations or other exactions _. The applicant is hereby notified that the 90 -day protest period to challenge such items has begun as of the date of the project approval or the date of the Impact Fee imposition, which was . If the applicant fails to file a protest regarding any of the fees, dedications, reservations or other exaction requirements as specified in Government Code §66020, the applicant shall be legally barred from later challenges." (d) Notwithstanding any other provision, the dollar amounts of the adopted construction activities mitigation fee rates shall be adjusted on July 1 of each year to account for changes in the costs of facilities. The adjustment factor shall be based on the change in the Engineering News Record (ENR) (San Francisco, California) Building Cost Index (BCI) for the preceding 45 of 48 Ordinance 2284 June 18, 2019 twelve -month period calculated from February 1 to January 31. If this index should cease publication, the Town shall use any appropriate official index published by the Bureau of Labor Statistics, or successor, or similar agency as may then exist or may then may be most nearly equivalent thereto. The adjustment factor shall be used to adjust the rates of the construction activities mitigation fees, unless they are otherwise adjusted based on the adoption of an updated methodology study. (e) Unless earlier payment is permitted pursuant to the provisions of Government Code § 66007, or any applicable successor statute, the construction activities mitigation fees for residential developments shall be paid on the date of the final inspection or on the date the certificate of occupancy is issued, whichever date occurs first. (f) No final subdivision map, parcel map or certificate of occupancy shall be issued or filed for recording until the traffic impact mitigation fee has been paid in full. Sec. 15.90.040. - Construction activities mitigation fees in addition to other fees and charges. Payment of the construction activities mitigation fees are in addition to the requirements imposed by other laws, policies or regulations of the Town relating to the construction or the financing of public improvements within subdivisions or developments. Sec. 15.90.045. - Reporting requirements for funds. The 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 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 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. Sec. 15.90.050. - Findings requirements for funds; refunds. For the fifth fiscal year following the first deposit into the construction activities mitigation fee fund, and every five (5) years thereafter, the Town shall make the findings required by Government Code § 66001(d), or any applicable successor statute, with respect to any monies remaining unexpended in the funds and the accounts therein. The Town shall also comply with the notice and refund provisions of Government Code §§ 66001(e) and (f), or any applicable successor statutes. 46 of 48 Ordinance 2284 June 18, 2019 Sec. 15.90.055. - Protest. Any person subject to the construction activities mitigation fee established by this section may protest the imposition of same by complying with the protest provisions in the Government Code § 66000, et seq. in effect at the time of the protest. Sec. 15.90.060. - Compliance; enforcement. (a) No person shall fail to pay, when due, any construction activities mitigation fee imposed pursuant to this section. (b) The construction activities mitigation fee due pursuant to this section shall constitute a debt to the Town. An action for the collection thereof may be commenced in the name of the Town in any court having jurisdiction of the cause; however, nothing in this subsection shall prevent a criminal prosecution for any violation of this section. Sec. 15.90.065. - Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this article irrespective of the fact that any one (1) or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. SECTION 2. CONSTRUCTION. The Town Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Los Gatos Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments. SECTION 3. CEQA. The Town Council finds and determines that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text amendments will have no significant negative effect on the environment. 0 SECTION 4. SEVERBILITY. If any section, subsection, sentence, clause br phraselof -this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have passed this ordinance anabeach section or 47 of 48 Ordinance 2284 June 18, 2019 subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately and will be enforced thirty (30) days after its adoption. SECTION 6. PUBLICATION AND POSTING. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). SECTION 7. INTRODUCTION AND ADOPTION. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 4t' day of June 2019 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 18t'' day of June 2019. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis NAYS: None ABSENT: None ABSTAIN: None ED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, C f LIFORhIA DATE: ATTEST TOW CLERK OF THE TOWN WN O LOS GATOS LOS GATOS, CALIFORNIA DATE: Wag ( 9 48 of 48 Ordinance 2284 June 18, 2019