Staff Report
PREPARED BY: Lynne Lampros
Deputy Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2019
ITEM NO: 18
DATE: December 17, 2019
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: First Reading and Introduction of an Ordinance of the Town of Los Gatos
Amending Chapter 16, Article II, Section 16.020.035 of the Town Code
Entitled Construction.
RECOMMENDATION:
Staff recommends that Town Council accept public comment and then move for the
introduction and first reading of an Ordinance, by title only, amending Chapter 16 , Article II,
Section 16.020.035 Entitled Construction . (Attachment 1)
BACKGROUND:
Earlier this year, during a Town Council meeting, the public voiced their concerns regarding the
Town’s Ordinance for Construction hours and the fact that the Town allows construction on
Sundays and holidays. Council directed staff to look into the practices of surrounding
jurisdictions and analyze what the Town could do differently.
DISCUSSION:
The existing Town Ordinance, Chapter 16, Article II, Sec. 16.20.035. – Construction states:
Notwithstanding any other provision of this chapter, between the hours of 8:00
a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays,
construction, alteration or repair activities which are authorized by a valid Town
permit or as otherwise allowed by Town permit, shall be allowed if they meet at
least one of the following noise limitations:
PAGE 2 OF 5
SUBJECT: Chapter 16 Article II Section 16.20.035
DATE: December 3, 2019
DISCUSSION (continued):
(1)No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet. If the device is located within
a structure on the property, the measurement shall be made at distances
as close to twenty-five (25) feet from the device as possible.
(2)The noise level at any point outside of the property plane shall not
exceed eighty-five (85) dBA.
Upon discussion with the Community Development Director it has been determined that
”permitted construction” means construction for which a permit is required. A home
improvement project that doesn’t require a permit would not be subject to these time
restraints and there are no other Town Code Sections that pertain to construction hours for
home improvement projects performed by the homeowner that do not require a permit.
Peer Review
Surrounding jurisdictions contain the following regulations (summarized):
Monte Sereno: Outside construction or repair work’ (which means literally work done outside)
is allowed from 8:00 a.m. to 8:00 p.m. Monday through Friday and Saturdays from 9:00 a.m. to
5:00 p.m. It is not allowed on Sundays or public holidays. However, there is an exception for
homeowners or tenants doing work on their property that does not require permit, and an
exception for work done for an emergency that imperils public safety.
Saratoga: Construction activities may be conducted between the hours of 7:30 a.m. and 6:00
p.m. Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday. Construction
is prohibited on Sundays and holidays. Residential construction activities that do not require a
permit and do not exceed fifty percent of the structure can be conducted between 9:00 a.m.
and 5:00 p.m. on Sundays and holidays.
Campbell: Construction activity is limited to 8:00 a.m. to 5:00 p.m. Monday through Friday and
9:00 a.m. to 4:00 p.m. on Saturdays. There is no construction activity allowed on Sundays or
holidays. There is an exception for homeowner permits when the work is being performed by
only the owner of the property. In that case work is allowed from 6:00 a.m. to 7:00 p.m.
Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sundays and holidays. There is also an
exception for emergency repair.
San Jose: Unless expressly allowed by permit, permitted construction activity within 500 feet of
a residential unit is only allowed from 7:00 a.m. to 7:00 p.m. Monday through Friday. It is not
allowed on weekends. This only applies to construction work authorized by permit or other
planning approval.
PAGE 3 OF 5
SUBJECT: Chapter 16 Article II Section 16.20.035
DATE: December 3, 2019
DISCUSSION (continued):
Santa Clara County allows construction activity Monday through Saturday from 7:00 a.m. to
7:00 p.m. at a certain decibel level, and allows it Sundays and holidays from 7:00 a.m. to 7:00
p.m. at a lower decibel level.
Cupertino allows construction at certain decibel levels during daytime hours seven days a week,
except prohibits grading, street construction demolition or underground utility work within 750
feet of a residential area on Saturdays, Sundays and holidays. All construction is prohibited on
holidays, except “construction conducted by the homeowner or resident of a single dwelling
using domestic construction tools is allowed on holidays between 9:00 a.m. and 6:00 p.m.”
Recommended Town Code Enhancements
Los Gatos Town Code Section 16. 10.015 states “that unnecessary, excessive and disturbing
noise and vibration is detrimental to the health, safety and welfare of the public and is contrary
to public interest, and that residents of Los Gatos are to be entitled to the reasonable use and
enjoyment of their property without exposure to noise disturbances.” In order to more fully
implement this Section of Town Code, the Town Staff suggests the following amendments to
Chapter 16, Article II, Section 16.020.035 of the Town Code:
(a) Notwithstanding any other provision of this chapter, between the hours of 8:00 a.m. to
8:00 6:00 p.m., weekdays and 9:00 a.m. to 7:00 4:00 p.m. weekends and holidays, Saturdays,
construction, alteration or repair activities which are authorized by a valid Town permit or as
otherwise allowed by Town permit, shall be allowed if they meet at least one of the
following noise limitations:
(1)No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the
property, the measurement shall be made at distances as close to twenty-five (25) feet
from the device as possible.
(2)The noise level at any point outside of the property plane shall not exceed eighty-five
(85) dBA.
(b) The term “construction, alteration or repair activities” shall include any physical activity
on the construction site or in the staging area, including the delivery of materials.
(c) Construction, alteration or repair activities shall be prohibited on Sundays and legal
holidays with the following exceptions:
(1) A homeowner or tenant may perform construction, alteration or repair activities on
their own property between 8:00 a.m. to 8:00 p.m. Monday through Saturday and 9:00
a.m., to 5:00 p.m. on Sundays and holidays, as long as the work being performed does
PAGE 4 OF 5
SUBJECT: Chapter 16 Article II Section 16.20.035
DATE: December 3, 2019
DISCUSSION (continued):
not require a permit from the Town. All noise levels contained in Section 16.20.035 (1)
apply to this section.
(2) If the Town Manager or designee finds evidence that an emergency exists that
imperils the public safety, or immediate health and safety of the occupants, the Town
Manager or designee may allow the construction or maintenance work to proceed
during such hours as may be necessary for the duration of the emergency.
(3) At any time before commencement of or during construction activity, the chief
building official may modify the permitted hours of construction upon twenty-four (24)
hours written notice to the contractor, applicant, developer or owner. The chief building
official can reduce or increase the allowable hours of construction activity. In approving
modified hours, the chief building official may specifically designate and/or limit the
activities permitted during the modified hours. If the hours of construction activity are
modified, then the general contractor, applicant, developer or owner may be asked to
erect a sign at a prominent location on the construction site to advise subcontractors
and material suppliers of the working hours. The contractor, owner or applicant shall
immediately produce upon request any written order or permit from the chief building
official pursuant to this section upon the request of any member of the public, the
police or Town staff.
(4) Violation of the allowed hours of construction activity, the chief building official's
order, required signage or this section shall be a violation of this code.
CONCLUSION:
Approval of the changes to Section 16.20.035 – Construction will help ensure the fulfillment of
the Town Code to promote the reasonable use and enjoyment of property without being
subject to noise disturbances while also allowing homeowners and tenants the flexibility to
conduct some repair and construction activity on their homes without being in contravention of
the law.
ALTERNATIVES:
1. Not approve the recommended amendments
2. Approve different amendments and return with revised Ordinance.
3. Refer the issue back to staff with direction.
PAGE 5 OF 5
SUBJECT: Chapter 16 Article II Section 16.20.035
DATE: December 3, 2019
COORDINATION:
The rewrite of this Code section was circulated to the Director of Community Development and
the Code Compliance Officer and the Building Officials for feedback. Outreach was conducted
by email to Architect, Building, Real Estate groups and other interested community members.
FISCAL IMPACT:
There is no negative fiscal impact on the Town from this Ordinance change.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Ordinance.
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