Attachment 1 - draft economic recovery resolution 2023-
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Resolution 2023- May ATTACHMENT 1
RESOLUTION 2023- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING OUTDOOR PUBLIC SPACE EXPANSION AND TEMPORARY
MODIFICATIONS TO SPECIFIC PROVISIONS RELATED TO BUSINESS PERMITS,
PROCESSES, PROVISIONS, AND ACTIVITIES TO CONTINIE TO OFFER ECONOMIC
RECOVERY OPPORTUNITIES FOR COMMUNITY AND ECONOMIC VITALITY
WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the Town Council has the authority to enact and
enforce ordinances and regulations for the public peace, morals, and welfare of the Town and
its residents; and
WHEREAS, due to the severe economic impacts of the COVID-19 Pandemic and its
economic impacts that followed including supply chain disruptions and inflation causing
hardship on the community and the Town organization, the Town Council deems it necessary to
take additional action to suspend enforcement of certain provisions of the Town of Los Gatos
Town Code and provide temporary process streamlining measures to facilitate the retention
and attraction of Los Gatos businesses, reduce economic impacts, foster recovery, encourage
economic vitality, and reduce commercial vacancies; and
WHEREAS, while the emergency orders for the recent COVID-19 Pandemic have been
lifted, the ongoing effects of the Pandemic, harsh winter storms, and inflation and supply chain
issues have created difficult and negative impacts on the Los Gatos business community; and
WHEREAS, on June 3, 2020, in response the COVID-19 Pandemic, the Town of Los Gatos
adopted Economic Recovery Resolution 2020-022, which has since been extended and
expanded to include the current Resolution 2022-066 sunset date of June 30, 2023, and
includes many of the provisions of this Resolutions; and
WHEREAS, the Town Council for the Town of Los Gatos continues to prioritize economic
recovery through increased flexibility and opportunity; business permit streamlining, and
economic and community vitality; and
WHEREAS, the Town of Los Gatos staff are working on Town Code amendments for
consideration by the Planning Commission and Town Council to memorialize many of the
streamlining efforts captured in the Economic Recovery Resolution to support continued
economic recovery, increased business flexibility and opportunities, and generally support the
Town’s business community through retention and attraction efforts that will not be completed
by the sunset date of June 30, 2023, of the current Economic Recovery Resolution 2022-066;
and
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Resolution 2023- May ATTACHMENT 1
WHEREAS, the winter storms in December 2022 through April of 2023 created an
environment that was not conducive to parklet construction, thus it is no longer reasonable to
expect the Semi-Permanent Parklet construction to be complete by June 30, 2023; and
WHEREAS, the Town will continue to facilitate the construction of a semi-permanent
parklet program that allows for outdoor dining and flex space to exist in the public-right-of-way
and on-street parking spaces through public-private partnerships between the Town of Los
Gatos and Los Gatos businesses. The program would provide for residents to receive the health
and wellness benefits of being outdoors and support business’ customers with enough space to
safely physically distance when preferred; and
WHEREAS, on May 26, 2020, the Town Council allocated American Recovery Plan Act
(ARPA) dollars, and reallocated prior surpluses reserved for downtown streetscape
revitalization toward a Semi-Permanent Parklet Program, in the name of COVID-19 economic
stimulus recovery efforts totaling $1,900,000. This is one of the single largest economic
recovery packages ever proposed in the Town’s history; and
WHEREAS, extending many of the streamlining and recovery efforts of previous
Economic Recovery Resolutions (2020-022; 2021-051, 2022-066), and included within this
Resolution until October 31, 2023, allows for the Town’s deciding bodies to thoughtfully
consider next steps in the continuation of business permit and process streamlining and
economic vitality efforts; and allows for business stakeholders who have already been
approved for a Semi-Permanent Parklet to complete parklet construction.
NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the Town Council of the
Town of Los Gatos that:
SECTION 1. All recitals set forth above, are adopted as though fully set forth herein as
findings in support of this Resolution and, after considering all such findings and current local
circumstances the Council hereby declares the continuing existence of a need to support
economic recovery as a result of the COVID-19 Pandemic.
SECTION 2. In order to support the ongoing economic recovery and support of the Los
Gatos business community, the Town Council hereby directs and authorizes the Town Manager
to implement the following strategies that may be used independently or in combination, as
outlined below:
1. As identified by the Town generally along N. Santa Cruz Avenue (south of Highway 9/Los
Gatos-Saratoga Road) and Main Street, private businesses in the C-2 Zone are permitted
to construct a parklet within existing public street parking spaces in conjunction with an
approved Semi-Permanent Parklet application and executed parklet agreement(s) with
the Town;
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Resolution 2023- May ATTACHMENT 1
2. Suspend parking requirements in private commercial lots to allow some parking spaces
to be utilized for restaurant seating or business activities given sufficient parking
remains available for customer use, and to allow for such to facilitate safely distanced
pedestrian circulation, expanded outdoor dining and alcohol service, customer queuing,
and pickup and waiting areas associated with permitted business activities and pursuant
to the terms of agreed upon in an Economic Recovery agreement between the business
and the Town;
3. Allow the usage of the sidewalk for signage, merchandise, and queueing, where
adequate sidewalk width exists consistent with disabled access requirements and public
safety;
4. Current Los Gatos businesses may relocate, expand, or open an additional business
location without obtaining a new Conditional Use Permit provided the business enters
into an Economic Recovery agreement with the Town, documenting that any change of
ownership is subject to a new Conditional Use Permit or Conditional Use Permit
modification consistent with the existing Town Code;
5. The requirement for personal service businesses to obtain a Conditional Use Permit in
the C-2 zone is suspended, and personal service businesses may locate within Office
Zones (O), provided the business enters into an Economic Recovery agreement with the
Town, documenting that any change of ownership is subject to a new Conditional Use
Permit, or must comply with current provisions consistent with the existing Town Code;
6. The requirement for up to a total of four (4) markets, bars and/or other miscellaneous
commercial businesses to obtain a Conditional Use Permit in the C-2 zone is suspended
provided the business enters into an Economic Recovery agreement with the Town,
documenting that any change of ownership is subject to a new Conditional Use Permit
consistent with the existing Town Code;
7. The cost for a new Conditional Use Permit is reduced by 50% with the Town paying the
balance of the fees;
8. Alcohol consumption is permitted with meals in Town parks;
9. The expiration date for all building permits and planning entitlements shall be extended
by two years.
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Resolution 2023- May ATTACHMENT 1
SECTION 4. Environmental Review. The proposed project is exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) as follows:
A. The project is categorically exempt under State CEQA Guidelines Section 15301
Existing Facilities) because the actions identified in the program are limited to the
permitting, leasing, and minor alteration of existing public facilities, including
existing streets and sidewalks which would not result in the creation of additional
automobile lanes. The program would result in a negligible expansion of existing
commercial uses and a negligible expansion of the public’s use of Town right-of-way,
as the uses included in the temporary program would not vary from the current uses
of commercial businesses, residential areas, or public access within the Town’ s
right-of-way.
SECTION 5. Notwithstanding any other Town policy or procedure, the Town Engineer
shall be authorized to review and approve on behalf of the Town any and all design and
construction necessary as part of the temporary program herein and the Town Manager shall
be authorized to enter into agreements on behalf of the Town to implement the strategies
herein without further action of the Town Council.
SECTION 6. Any provision of the Los Gatos Town Code or any appendix thereto
inconsistent with the provisions of this Resolution, to the extent of such inconsistencies, is
hereby repealed or modified to that extent necessary to affect the provisions of this Resolution.
SECTION 7. This resolution remains in place until October 31, 2023.
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Resolution 2023- May ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of May, 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________