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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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(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
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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:
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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.
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Secs. 15.30.125- 15.30.220. - Reserved.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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(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.
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(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.
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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.
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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.
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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
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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
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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.
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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
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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)
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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
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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.
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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.
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(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)
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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.
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(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.
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(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.
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(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.
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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.
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(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.
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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.
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(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-
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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
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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.
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(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•
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(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.
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(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.
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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;
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(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
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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.
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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
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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
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Ordinance 2284 June 18, 2019