Staff Reportcow" 0 MEETING DATE: 11/17/15
ITEM NO:
5. J'Wli
tos Gatos COUNCIL AGENDA REPORT
DATE: NOVEMBER 9, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER�ZQ
J
SUBJECT: VALET PARKING
A. ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING
REGULATIONS) SECTION 29.10.145 OF THE TOWN CODE
ALLOWING BUSINESSES TO CHARGE FOR VALET
PARKING SERVICES WITHIN PRIVATE PARKING LOTS
B. APPROVAL OF A COUNCIL POLICY ESTABLISHING
VALET PARKING RULES AND REGULATIONS TO
IMPLEMENT AMENDED TOWN CODE SECTION 29.10.145
RECOMMENDATION:
Adopt an ordinance that was introduced at the Town Council meeting of November 3, 2015. In
addition, approve a new Council Policy establishing valet parking rules and regulations to
implement amended Town Code Section 29.10.145.
BACKGROUND:
At its November 3, 2015 meeting, the Town Council voted 4-1 to approve amending the Town
Code Section 29.10.145 to allow private property and business owners to provide valet parking
services with or without charge in the Town's Parking Assessment District. A valid valet
parking permit must be approved through the Town's Development Review Committee (DRC)
before a business may offer the service. The Council also voted within the same motion to create
a Council Policy that provides provisions for the permit to be approved by the DRC.
DISCUSSION:
Should the Council adopt the ordinance (Attachment 1) allowing businesses to charge for valet
parking services and approve the policy establishing valet parking rules and regulations used to
implement the ordinance (Attachment 2), the new provisions would take effect in thirty days on
December 17, 2015. Businesses and property owners interested in pursuing a valet parking
permit could then apply for a permit with the Town's Commuxity Development Department.
PREPARED BY: MONICA RENN
Economic Vitality Manager
Reviewed by: L -V Assistant Town Manager "'Town Attorney inance
N:\MGR\Adminworkfiles\2015 Council Reports\November 17\Second Reading Valet Ordinace.Doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: VALET PARKING ORDINANCE AMENDMENTS AND POLICY
NOVEMBER 9, 2015
DISCUSSION (Cont'd):
Town staff anticipates, depending on workload and application completeness, applications could
be processed and reviewed by the DRC within a month. The charge for the application will be
calculated on time and materials spent processing and reviewing the application.
COORDINATION:
This report was coordinated with the Town Manager's Office, Town Attorney's Office, and
Community Development Department.
ENVIRONMENTAL ASSESSMENT:
The action is not a project defined under CEQA and no further action is required.
FISCAL IMPACT
No material fiscal impact is anticipated at this time.
Attachments:
1. Amended Ordinance for Town Code Section 29.10.145
2. Council Policy: Valet Parking Rules and Regulations
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.10.145 OF THE LOS GATOS TOWN CODE TO
ALLOW BUSINESSES TO CHARGE FOR VALET PARKING SERVICES WITHIN
PRIVATE PARKING LOTS.
WHEREAS, to promote the safe and legal operation of valet parking services for the use
and convenience of businesses and the general public, the Town Council desires to adopt
regulations that allow for paid valet parking services within the Town;
WHEREAS, the Town Council has reviewed the recommended ordinance and has
determined that it is in the best interest of the public health, safety and general welfare of the
Town, its residents and visitors to adopt the amendments to Section 29.10.145 of the Los Gatos
Town Code.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Los Gatos Town Code Section 29.10.145(g)(3) is hereby amended to read as
follows:
(3) Notwithstanding subsection (1) above, a private parking lot, or sections of a
private parking lot located within a Town parking assessment district may be
operated as a valet parking lot under the following circumstances:
a. The valet parking may be provided with or without charge to the public;
and
b. The valet parking lot service adheres to and maintains all fire codes and
emergency access standards; and
C. The valet parking lot service shall not impair the safe and efficient use of
existing adjacent non -valet parking; and
d. The private valet parking lot is approved by the Development Review
Committee pursuant to a parking lot permit. The Development Review
Committee shall have the discretion to deny the parking lot permit
application if any criteria set forth above and/or any other rules and
regulations adopted by the Town Council cannot be met and shall have the
ability to revoke the parking lot permit for valet parking with a minimum
of ten (10) days notice.
SECTION 2. 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
ATTACHMENT 1
Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that 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.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion thereof
and intends that the invalid portions should be severed and the balance of the ordinance be
enforced.
SECTION 4. 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. This Ordinance shall take effect thirty (30) days after its adoption. 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 6. This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on November 3, 2015 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
November 17, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TITLE: VALET PARKING RULES AND REGULATIONS I POLICY NUMBER:
EFFECTIVE DATE: I PAGES: 5
ENABLING ACTIONS: I REVISED DATES:
APPROVED:
I. PURPOSE
The Town of Los Gatos recognizes that public on -street parking as well as private parking for
individual businesses is limited in the Town parking assessment district area. In order to
enhance businesses in areas of limited parking it is necessary to establish valet parking rules and
regulations to implement Town Code Section 29.10.145.
II. DEFINITIONS
The following words, terms, and phrases when used in these rules and regulations, shall have the
following meanings:
Attendant means a person who operates a vehicle to and from a parking location on behalf of a
permittee or valet parking service.
Permittee means a business or property owner permitted under Town Code Section 29.10.145 to
operate a valet parking service. The term includes any employee, agent or independent contractor
of the person or business in whose name the valet parking permit is issued.
Valet parking service means a commercially licensed business, or a commercially licensed
independent contractor which provides a driver to operate a vehicle to and from a parking
location so that the driver and passengers in the vehicle may unload and load at their immediate
destination.
Valet on-site parking lot means the premises where an attendant takes possession of a vehicle for
the purpose of parking and returns the vehicle to the possession of the driver thereof.
Valet off-site parking lot means the premises where a valet parking service parks vehicles off-site
from the business location.
ATTACHMENT 2
PAGE: POLICY NUMBER:
TITLE: VALET PARKING RULES AND REGULATIONS 2 of 5 xx-xx
Valet parking service stand means a temporary removable structure located within the valet
onsite parking lot that is utilized for the general conduct of the valet parking service, including
the dispatch of attendants and the storage of keys, umbrellas and other items.
III. APPLICATION
The application for a Parking Lot Permit shall be on a form provided by the Community
Development Department. The Application shall contain the following minimum information.
Applicants may be required to provide additional information as determined by the Community
Development Department or Development Review Committee:
1. The names, addresses and telephone numbers of the applicant, co-applicant(s) and the
property owner if the applicant is a lessee, commercially licensed business or
commercially licensed independent contractor the applicant proposes to use for valet
parking service;
2. A scaled plan showing the proposed address of the proposed location of the valet
parking lot and any valet parking service stands;
3. The written consent of the property owner and any other tenant(s) occupying the
property;
4. The proposed hours and days of operation of the valet parking service;
5. The address of the valet off-site parking lot if one is to be used in connection with the
valet parking service and a valid signed agreement or other documentation showing that
the applicant has a right to park vehicles at that location, including the number of
parking spaces leased or rented and a scaled plan of the off-site parking lot;
6. A traffic flow plan, including a scaled map, describing the route(s) that vehicles will
be driven between the valet on-site parking lot and the valet off-site parking lot if one is
being used;
7. Proof of insurance as required by Section V herein;
8. Signed indemnity and release forms that indemnify the Town and its officers and
employees against all claims of injury or damage to persons or property arising out of
the operation of the valet parking service by the permittee; and
9. Any other information reasonably required by the Department or Development
Review Committee for the purpose of processing the application under the requirements
of this policy.
IV. STANDARDS OF OPERATION
A permittee shall comply with the following standards of operation and any other standards of
operation adopted by the Town Council:
A. On -street parking spaces and parking spaces owned or maintained by the Town shall not
be used by the permittee to park vehicles.
B. The valet parking lot service area shall not be located in a public right-of-way.
C. The location of the valet parking queue is restricted to the existing designated valet on-
site parking lot.
PAGE: POLICY NUMBER:
TITLE: VALET PARKING RULES AND REGULATIONS 3 of 5 xx-xx
D. The drop-off and pick-up of vehicles shall not interfere with the safe operation of
driveways, street intersections, crosswalks and shall not interfere with the safe traffic
operation on adjacent streets or delay or interfere with normal traffic operations.
E. Valet parking services shall only occur during the hours of operation of the permittee's
business and as approved by the Development Review Committee.
F. The valet stand shall be of quality design, materials, and workmanship; safe and
convenient for patrons; compatible with the use in the immediate vicinity; maintained
with a clean, attractive appearance and in good repair at all times; and removed at the
close of business each day.
G. Valet on-site and off-site parking lots shall be maintained in a neat and orderly condition
at all times and shall be kept clear of all trash and debris.
H. Attendants shall wear a uniform, shirt, coat or jacket with the name of the attendant and
the company logo that identifies the attendant as an authorized employee of the valet
parking service.
I. Assure that all employees of the valet parking service are polite, professional and
courteous.
J. Provide, upon taking custody of a patron's vehicle a numbered ticket to each customer
containing the following information:
1. Name, address and telephone of the valet parking service;
2. Name and address of the valet parking service's insurance company;
3. Fee or cost to the customer of the valet parking service;
4. Time and date that the valet parking service took possession of the vehicle;
5. License plate number of the vehicle;
6. Hours of operation of the valet parking service;
7. Location where a vehicle can be claimed if it is not picked up prior to closing of the
valet parking service and any additional fees therefore that may be assessed the vehicle
operator.
K. Place or cause its agent to place on the dashboard of each patron vehicle a sign or placard
of a size no smaller than three by three inches in such a manner so as to be conspicuously
visible through the windshield of the patron vehicle. The sign or placard shall clearly
state: This Vehicle Parked by [Valet Parking Business Name] on behalf of [Permittee].
L. Any other standard of operation or condition imposed by the Development Review
Committee.
V. INDEMNIFICATION AND INSURANCE
The permittee shall forever indemnify and hold harmless the Town and all of its agents,
employees and representatives from and against all claims, damages, losses, suits and actions,
including attorney's fees, arising or resulting from said operation of a valet parking service. In
addition, the permittee shall obtain general liability and garage keeper's legal liability insurance
in an amount no less than $1,000,000.00, and shall name the Town as an additional insured on
said policy. A copy of the certificate of insurance shall be provided to the Town and shall
become a part of any permit executed by the Town.
PAGE: POLICY NUMBER:
TITLE: VALET PARKING RULES AND REGULATIONS 4 of 5 xx-xx
VI. REFUNDS, TRANSFERS AND EXPIRATION
A. There shall be no refund of any fees charged if the valet parking lot permit is no longer
needed by the permittee.
B. A valet parking lot permit is specific to a location, and shall not be transferred to another
location.
C. Transferring an approved valet parking lot permit from the original applicant to a successor
business at the same address may be allowed provided the new business submits an application
for approval, that all fees and fines for the previous permittee are paid and up to date, and that
the application requests the same conditions as the approved valet parking lot permit.
VII. DENIAL, REVOCATION OR SUSPENSION OF PERMIT
A. The Development Review Committee shall deny a valet parking lot permit or revoke or
suspend without refund of any portion of any fees a valet parking lot permit if -
1.
£1. The applicant fails to comply with the requirements of the Town Code, these
Rules and Regulations or any other applicable law; or
2. The applicant makes a false statement of material fact on an application for a
valet parking lot permit; or
3. Determines that the operation of the valet parking service would endanger the
safety of persons or property or otherwise not be in the public interest; or
4. Determines that the operation of the valet parking service unreasonably interferes
with pedestrian or vehicular traffic.
B. The Police Chief may temporarily suspend the operations of a valet parking service if he or
she determines that operation of the valet parking service is causing undue traffic congestion,
blocking or impeding the flow of traffic or poses a public safety hazard.
VIII. INFRACTION AND PENALTY
An infraction is committed if a valet parking service is operated without a valid valet parking lot
permit or if a permittee is found to be non-compliant with the approved valet parking lot permit,
or any rules and regulations promulgated by the Town Council.
IX. APPEAL PROCESS
Any aggrieved party shall have the right to appeal the denial, suspension or revocation of a valet
parking lot permit, or the issuance of an infraction. Such appeals shall proceed in the manner set
forth in the Town Code.
X. SAVING CLAUSE
Should any portion of this Policy be rendered ineffective by a Court of competent jurisdiction,
the remaining parts shall remain in full force and effect.
PAGE: POLICY NUMBER;
TITLE: VALET PARKING RULES AND REGULATIONS 5 of 5 xx-xx
APPROVED AS TO FORM:
Robert Schultz, Town Attorney