Ord 2296 - Amend Chapter 23 (Streets and Sidewalks) Regarding DemolitionORDINANCE 2296
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 23 (STREETS AND SIDEWALKS) OF THE TOWN CODE
REGARDING RIGHT OF WAY DEDICATION, INSTALLATION OF CURBS, GUTTERS, AND
SIDEWALKS, AND UNDERGROUNDING OF UTILITY REGULATIONS
WHEREAS, the Town Code provides guidance of installation of curbs, gutters and
sidewalks and undergrounding of utilities for subdivisions but remains silent on building permit
projects;
WHEREAS, recent changes to the Town code will prevent certain building permits from
going through the Architectural and Site application process where they previously were
reviewed for dedication of needed right of way and installation of Town improvements in the
right of way;
WHEREAS, as part of the development process, jurisdictions typically require public
right of way dedications and installation of improvements in the right of way for new
construction or projects with significant modifications to existing buildings;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Policy Committee on July 23, 2019 and September 24, 2019;
WHEREAS, on September 24, 2019, the Policy Committee recommended bringing the
amendments to the Town Council;
WHEREAS, it has been determined that there is no possibility that this project will have a
significant impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act, Section 15061 (b)(3);
WHEREAS, the proposed amendments to Chapter 23 of the Town Code regarding right
of way dedication, installation of curbs, gutters, and sidewalks, and undergrounding of utilities
regulations are consistent with the General Plan;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on November 5, 2019; and
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Ordinance 2296 November 19, 2019
WHEREAS, on November 5, 2019, the Town Council reviewed and commented on the proposed
amendments regarding land use appeals and the Town Council voted to introduce an
Ordinance.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
Los Gatos Town Code Article I — Streets and Regulations Section 23.10.005 is hereby
added to read as follows:
Sec. 23.10.00S — Requirements — General
Any person who proposes a substantial remodel to erect, construct, add to, alter or repair any
building or structure for which a building permit is required by the Town adjacent to an
unimproved street, or who seeks a use permit, planned development permit, or architectural and
site approval from the Town for land adjacent to an unimproved street must agree to improve,
or agree to improve in an agreement with the Town, said street by the installation of
improvements, under the provisions of this chapter. This may include dedication or an
irrevocable offer of dedication of land that is needed for streets, alleys including access rights
and abutters' rights, drainage, public utility easements and open space land or easement, park
lands, trail rights of way or easements, and other public easements. In addition, the
owner/developer shall improve or agree to improve all streets, alleys, including access right and
abutters' rights, drainage, public utility easements, and other public easements as determined
by the Town Engineer. These improvements may include, but are not limited to, installation of
curbs, gutters, and sidewalk, pavement, bicycle improvements, and undergrounding of utilities.
Los Gatos Town Code Article I — Streets and Regulations Section 23.10.010 is hereby
amended to read as follows:
Sec. 23.10.010. - Definition.
1. For purposes of this chapter, the following words and phrases shall have the following
meanings:
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Median strip. A paved or planted strip of ground dividing a roadway into lanes
according to the direction of travel.
3. Parked vehicle. Shall mean a legally parked vehicle.
4. Roadway. That portion of a public street normally or ordinarily used for motor vehicle
travel. It shall not include driveways, sidewalks, curbs, other areas adjacent to public
streets, or other areas out of or off of the public streets. It shall include any median
strip and any concrete island separated from a sidewalk used as a staging area for
pedestrians crossing an intersection.
5. Solicit or solicitation. Any transaction or attempted transaction involving an offer,
whether oral or written, of goods, property or services, or a request for money,
property or services. This term shall not include the mere advertisement of goods
and/or services by a motorist, where no immediate transaction is attempted.
6. Substantial remodel. Defined as meeting three or more of the following criteria:
• The valuation of the work exceeds either $200,000 or 20% of the total value of
the improvements;
• Seventy-five percent (75%) or more of the existing roof framing (square footage
area) will be removed;
• Fifty percent (50%) or more of the existing exterior wall [Square Foot (SF)] will be
removed; or
• Fifty percent (50%) or more of the existing interior wall [Lineal Foot (LF)] will be
removed.
(Code 1968, § 26-1; Ord. No. 2185, § I, 2-1-10)
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Ordinance 2296 November 19, 2019
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 5th day of November 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 19`h day of November 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
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: Z
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: "2bq
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Ordinance 2296 November 19, 2019