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Item 31 Staff Report Introduce Ordinance Amending Sections 15.10.025 and 15.10.030 and Adding Section 15.10.026 of the Town Code Regulating Skateboarding, In-line Skating and Roller SkatingCo/9r Ta 'l/i/q3 TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: MARCH 30, 1993 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 4/5/93 ITEM NO. 3 INTRODUCE ORDINANCE AMENDING SECTIONS 15.10.025 AND 15.10.030 AND ADDING SECTION 15.10.026 OF THE TOWN CODE REGULATING SKATEBOARDING, IN -LINE SKATING AND ROLLER SKATING RECOMMENDATION: 1. Clerk to read title. 2. Waive reading of the attached ordinance amending Sections 15.10.025 and 15.10.030 and adding Section 15.10.026 of the Town Code regulating skateboarding, in -line skating and roller skating (requires unanimous vote). 3. Move to introduce. 4. Authorize a reduction in the Economic Reserve for Uncertainty Account (100-36510) by $2,625.00 and increase the Police Department budget (account 4030-60500) by $2,625.00. BACKGROUND: A study was completed using information derived from the Los Gatos Police Department's dispatch activity log for the months of June, July, August, November, and December of 1992 and January of 1993. Information was recorded by dispatch every time a civilian called to report an incident regarding skateboarding, in -line skating, and roller skating and shows an average of approximately 9.5 reported incidence per month, occurring mostly in parking Tots that are adjacent to or are bounded by a business. Most commonly, a group of users, mostly juveniles, in groups of two to twelve persons were reported. A further study was done by gathering input from business owners or employees in the downtown area. Of the 67 businesses contacted, 68% were in support of an ordinance that would regulate skateboarders, PREPARED BY: LARRY J. TODD CHIEF OF POLICE LJT:sf 4/1/93 11:30 am PDSF004:A:\CNCLRPTS\SKATE.ORD File # Attachments: A. Draft Ordinance B. Ordinance for Adoption Distribution: General Distribution Reviewed by: Attorney Clerk finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCE ORDINANCE AMENDING SECTIONS 15.10.025 AND 15.10.030 AND ADDING SECTION 15.10.026 OF THE TOWN CODE REGULATING SKATEBOARDING, IN -LINE SKATING AND ROLLER SKATING March 30, 1993 in -line skaters, and roller skaters. Many of them expressed particular concern with the use of sidewalks and parking lots by skateboards and other skaters. DISCUSSION: The present Town Code that regulates skateboarding, in -line skating, and roller skating is vague with no authoritative powers to protect life and property. Each of these devices has a potential to cause serious bodily injury or extensive damage to property. These devices have no type of braking control mechanism as do bicycles or cars. Therefore, a person who has lost control on one of these devices has no way to safely stop to avoid a collision. This ordinance does not ban the use of these devices entirely from the Town limits, but it does restrict users from areas that have a high potential for bodily injury and property damage. This ordinance applies to the Central Business District and publicly owned facilities. Staff has identified 35 locations where signs will be required in order to properly post the Civic Center, public parking Tots, and the Central Business District. ENVIRONMENT REVIEW This ordinance is not a project as defined under CEQA. FISCAL IMPACT: No funds are budgeted for this project. Staff recommends reducing the Economic Reserve For Uncertainty Account (100-36510) and increasing the Police Department budget (Account #4030-60500) by $2625.00. ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 15.10.025 AND 15.10.030 AND ADDING SECTION 15.10.026 OF THE TOWN CODE REGULATING SKATEBOARDING, IN -LINE SKATING AND ROLLER SKATING THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Sections 15.10.025 and 15.10.030 are hereby amended, and Section 15.10.026 is hereby added to the Code of the Town of Los Gatos to read as follows: Sec 15.10.025. Use of skateboard, in -line skates, or roller skates - prohibited areas. dLvrce-tom ga aura--ivad yin any Imsniess-drstirct, excerpt when lawfully crossing a roadway in a crosswalk. No person shall ride or propel a skateboard, in -line skates, or roller skates in the following areas: (a) on any public sidewalk, curb, roadway, or any public off-street parking lot in the central business district as defined in Town Code Section 15.30.105. (b) on sidewalks or curbs abutting any business or retail center, hospital, fire station, or Department of Motor Vehicles building. (c) on sidewalks, curbs, or public parking facilities abutting any Town maintained park. (d) on any publicly owned tennis court. (e) on any construction site located on public property. (f) the Civic Center of the Town of Los Gatos at 110 East Main Street which includes but is not limited to the fountain, 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 and its parking lot. (g) during darkness as defined by California Vehicle Code Section 280, in Attachment A any publicly owned area not otherwise prohibited by this article. Sec 15.10.026. Regulations for operation of skateboard, in -line skates, or roller skates - highways or roadways. Pursuant to California Vehicle Code Sections 21967 and 21969, the following rules and regulations apply to a person riding or propelling a skateboard, in -line skates, or roller skates on highways or roadways. (a) shall proceed on highways or roadways in the opposite direction that vehicles are required to be driven upon a highway or roadway. (b) shall not impede or interfere with the flow of vehicular traffic. (c) shall yield to all pedestrians on highways or roadways, including at or in marked and unmarked crosswalks. (d) shall yield to approaching vehicles when entering any 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. Sec 15.10.030. Use of skateboard, in -line skates, or roller skates - yield to pedestrians. another or the property of another. No person shall fail to yield to pedestrians when riding or propelling a skateboard, in -line skates, or roller skates in areas not prohibited by Section 15.10.025. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1993 and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 1993. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS AYES: NOES: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 15.10.025 AND 15.10.030 AND ADDING SECTION 15.10.026 OF THE TOWN CODE REGULATING SKATEBOARDING, IN -LINE SKATING AND ROLLER SKATING THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Sections 15.10.025 and 15.10.030 are hereby amended, and Section 15.10.026 is hereby added to the Code of the Town of Los Gatos to read as follows: 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) on any public sidewalk, curb, roadway, or any public off-street parking lot in the central business district as defined in Town Code Section 15.30.105. (b) on sidewalks or curbs abutting any business or retail center, hospital, fire station, or Department of Motor Vehicles. (c) on sidewalks, curbs, or public parking facilities abutting any Town maintained park. (d) on any publicly owned tennis court. (e) on any construction site located on public property. (f) the Civic Center of the Town of Los Gatos at 110 East Main Street which includes but is not limited to the fountain, 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 and its parking lot. (g) during darkness as defined by California Vehicle Code Section 280, in any publicly owned area not otherwise prohibited by this article. Attnchment B Sec 15.10.026. Regulations for operation of skateboard, in -line skates, or roller skates - highways or roadways. Pursuant to California Vehicle Code Sections 21967 and 21969, the following rules and regulations apply to a person riding or propelling a skateboard, in -line skates, or roller skates on highways, or roadways. (a) shall proceed on highways or roadways in the opposite direction that vehicles are required to be driven upon a highway or roadway. (b) shall not impede or interfere with the flow of vehicular traffic. (c) shall yield to all pedestrians on highways or roadways, including at or in marked and unmarked crosswalks. (d) shall yield to approaching vehicles when entering any 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. Sec 15.10.030. Use of skateboard, in -line skates, or roller skates - yield to pedestrians. No person shall fail to yield to pedestrians when riding or propelling a skateboard, in -line skates, or roller skates in areas not prohibited by Section 15.10.025. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1993 and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 1993. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS AYES: NOES: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: April 1, 1993 TO: MAYOR AND TOW ' OUNCI FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 4/5/93 ITEM NO. �^ CONSIDER INITIATING ZONING ORDINANCE AMENDMENT REGARDING SPECIAL EVENT SIGN REQUIREMENTS (CONTINUED FROM 9/8/92) RECOMMENDATION: Initiate an amendment to the zoning ordinance and refer to the Planning Commission for hearing. Ordinance would restrict to one the display of temporary signs for all special events whether or not a special events permit is required. BACKGROUND In July 1992 the Council considered a proposed amendment that would regulate the display of temporary banners for community events. The amendment was initiated by complaints about the proliferation of banners hanging from buildings. Staff originally recommended limiting events to one banner. At the same time the Council was reviewing temporary banners, it was also considering a special events ordinance in which certain special events that require traffic or crowd control would require a special events permit from the Chief of Police. As a result, events fall into two categories, those that require a special events permit and those that do not. Examples of events requiring a special event permit includes a bicycle race, the farmers market or the Strawberry Festival. Events not requiring a special event permit would be a high school theatre production, a Christmas boutique sponsored by a non-profit organization or a church affair. During the process, it was determined that under a special events permit an unlimited number of signs could be displayed as deemed appropriate or necessary by the Chief of Police in consultation with the Planning Director. Since events that require special events permits are typically not occurring in one location, the requests are often to display banners from commercial buildings in Town. (It has also come to the Town's attention that some property owners are charging a fee to hang a sign from their building). For an event that does not require a special events permit, only one sign may be permitted and the location is restricted to the place the event is occurring. (Continued on Page 2) PREPARED BY: LEE E. BOWMA PLANNING DIRECTOR LEB:KH:lkj 4/]/93 1:50 pm L34\cnclrpts\event.sgn File # ATTACHMENTS: (See Page 2 for list of attachments) Reviewed by: Attorney Clerk finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ACCEPT REPORT ON REVIEW OF SPECIAL EVENT SIGN REQUIREMENTS (CONTINUED FROM 9/8/92) April 1, 1993 This policy raises several concerns: 1. Those organizations that have events that do not require a special events permit feel the policy is inequitable because their ability to display banners is restricted compared to those organizations that require special events permits. 2. The ordinance requires that only one banner be displayed from a building at any one time and cannot be displayed more than 21 days before an event and must be removed no later than one day after the event. Administratively, monitoring banners is time consuming to the point that staff spends more time reviewing and administering temporary banners than it does processing permanent sign applications. If the Town were to charge a cost for administering temporary banners, the fee for each banner would be $100. The current fee for temporary banners is $25. 3. Retail businesses are beginning to complain because temporary signs such as banners are prohibited for advertising business. 4. The proliferation of signs has not decreased with the adoption of regulations. On September 8, 1992 the Council determined that those events which do not require special events permits should be allowed to display one sign off -site as well as one on -site. The Council asked that this matter be reviewed in six months. DISCUSSION Due to other priorities, the ordinance was never amended to reflect the change in policy indicated by the Council at the September 8, 1992 Council meeting. Staff is concerned that the proposed policy changes are leading to a higher proliferation of banners than what was occurring prior to regulation. Staff is recommending that all display of temporary banners for special events be limited to one. FISCAL IMPACT The Town is not recovering the cost of approximately $75 for each temporary banner permit issued. Approximately 30 to 35 permits will be issued in fiscal year 93-94 under current regulations. ATTACHMENTS: 1. Special Events Ordinance 2. Ordinance regulating events signs 3. Letter from Joanne & Joe Rodgers ORDINANCE 1907 ORDINANCE OF THE TOWN OF LOS GATOS REGULATING SPECIAL EVENTS The Town Council of the Town of Los Gatos does hereby ordain: SECTION I Town Code Section 14.100.020 is proposed to be amended as follows: Sec. 14.100.020. Permit. (a) Required: Any person intending to conduct or sponsor a Special Event in the Town of Los Gatos shall obtain a Special Events Permit. No advance promotional activities for a Special Event shall be commenced before obtaining a Special Event permit. (b) Maximum number of events per year: No permit shall be issued for any zoning plot for a Special Event to the same organization, group, or person more frequently than one time per calendar quarter. A minimum of 30 days shall separate Special Events on any zoning plot. This section shall not limit participation in a permitted areawide or regional Special Event, such as sidewalk sales, parades, or other events approved by the Town Council. (c) Exceptions: A Special Events permit is not required for the following events: (1) Funeral processions. (2) Activities conducted by a governmental agency acting within the scope of its authority. C22\ORDS\SIGNORD.CLN 1 ATTACHMENT1 (3) A Special Event which in the estimation of the Chief of Police will involve less than one hundred (100) persons and for which the sponsor submits written guarantees to the Chief of Police that: (A) Participants will assemble or march only on sidewalks; (B) Participants will cross streets only at crosswalks in units of fifteen (15) or less, allowing vehicles to pass between each unit; and (C) Participants will obey all traffic controls and regulations. (d) Farmers Market. Notwithstanding the limitations of this section, any person intending to conduct or sponsor a regularly scheduled farmers market may apply for a single Special Events Permit for a period not to exceed eight months. SECTION II Town Code Section 14.100.035 is proposed to be amended as follows: Sec. 14.100.035. Conditional Approval. A Special Events Permit may be conditioned on reasonable requirements concerning the time, place, and manner of the event, including but not limited to conditions to protect the safety of persons and property, and to provide for adequate traffic control. Such conditions may include, but are not limited to the following: (a) Alteration of the date, time, route or location. (b) Designation of areas for assembly and disbanding for events such as parades, races or other processions. C22\ORDS\SIGNORD.CLN 2 (c) Limitation on use of streets and sidewalks and requirements to allow intermittent traffic flow through any area. (d) Provision of first aid or emergency facilities. (e) Hiring a qualified person to facilitate the event itself, if the event appears to 7 be so large and complex that public interests require monitoring and/or direction. (f) Placement and pickup of litter cans, recycling bins, public toilets, barricades, and traffic cones. (g) Street sweeping. (h) Restrictions on amplified sound as defined by Town Code Sec. 16.20.040. (i) Requirement that all vendors demonstrate compliance with requirements for permits for vendors and pushcarts (Sec. 14.70.130), and business licenses (Sec. 14.10.010). (j) Agreement of owners or tenants of dwellings or businesses along the affected street area to be used by a Commercial Special Event. (k) Restrictions or prohibition of the sale and consumption of alcoholic beverages. (1) Limitation on size, location, and number of signs, banners, streamers, balloons and inflatable devices, including time and permissible duration of advance promotional activities. (m) Permission to post signs on public property consistent with the standards of Sec. 29.10.120 (4). (n) Requirement for security personnel. C22\ORDS\SIGNORD.CLN 3 (o) Provision of shuttle services to mitigate anticipated parking and traffic impacts. (p) Posting parking control signs along public streets before commencement of the event. (q) Payments of fees required by Town Code Section 14 and other fees as required by Council resolution. (r) Restrictions required by other agencies. (s) Compliance with other applicable ordinances, laws, or permit requirements. SECTION III This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after this Ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. C22\ORDS\SIG NORD. CLN 4 This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 6, 1992, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on July 20, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton and Brent N. Ventura NAYS: None ABSENT: None ABSTAIN: Mayor Eric D. Carlson SIGNED: /s/ Eric D. Carlson MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C22\ORDS\SIGNORD.CLN 5 § 29.10.120 LOS GATOS TOWN CODE area allowed and the date the sign is to be removed as set by the erector of this ter, whichever is more restrictive. (2) ubdz . 'sion signs. Nonilluminated, on -site signs advertising a residential subdivision e per 'tted, limited to one (1) double-faced sign not exceeding an area of twenty-five 25) squar feet per face, placed at a right angle to the street, or two (2) single -faced igns not exceeding an area of twenty-five (25) square feet each placed parallel to a treet. The si_ shall not be more than fifteen (15) feet high and shall be erected at east fifteen (15'eet from a street right-of-way line. Additional signs containing nformation about b1 e model name or number, floor plan, area or price are permitted n residential subdivisions provided there is not more than one (1) such sign for each odel (not one (1) signor each example of a model). Signs concerning models shall ave an area not exceeding three (3) square feet, nor a height of more than four (4) eet, and shall be located i\ the immediate vicinity of an example of the model to hich they refer. Off-premise§subdivision signs advertising subdivisions which are of located on a major arterial4'street as defined by the Town general plan are per- itted, limited to one (1) sign per subdivision. The signs shall not exceed eighteen (18) quare feet in area, shall not be mor than fifteen (15) feet high and shall be erected t least fifteen (15) feet from a street 'tight -of -way line and shall be in a commercial r industrial zone. Signs authorized by "this section shall not be erected until the ubdivision map is recorded and building hermits are issued for the construction of he project. Signs authorized under this section shall be removed when occupancy ermits have been granted for ninety (90) percent of the dwelling units in the devel- pment. Off -premises subdivision signs are an'exception to the rules prohibiting illboards and off -premises signs. (3) ease and rental signs. One (1) single -faced sign, adve 'sing the rental or lease of a ommercial, office, or industrial development to be built i the future. The sign shall of have an area exceeding twenty (20) square feet, shall no be more than fifteen (15) et high, and shall be erected parallel to a street, at least fifte R. (15) feet from a street right-of-way line. The sign shall not be erected until a Develd ment Review Com- ipittee approval is granted for the erection of the building or bu' ings and the sign shall be removed when seventy (70) percent of the floor area of the p 'ect is occupied. (4) Event signs. Subject to the conditions of this section, a permit may be issued for a temporary sign promoting a civic, political, charitable, cultural, recreational, educa- tional or religious event for which a special event permit is not required and which is sponsored by: (a) Nonprofit organizations to which the Town contributes funds; (b) educational institutions with a Los Gatos mailing address not located within the jurisdictional boundaries of another municipality; (c) any organization within the Town. a. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. b. Conditions of approval. (i) No more than one (1) sign is permitted. Supp. No. 3 2004 ATTACHMENT 2 ZONING REGULATIONS § 29.10.125 (ii) The sign may not be erected more than twenty-one (21) days prior to the event and shall be removed within one (1) day after the event. (iii) The sign shall be no larger than permitted under section 29.10.135. (iv) The sign shall be erected at the location the event is occurring unless that location is outside the Town limits, in which case an alternate site may be approved. (v) If the approved location is on Town property (including streets and other rights -of -way) the applicant may be required to insure and indemnify the Town. (5) '‘.nstruction signs. One (1) construction (nonilluminated) sign on a zoning plot of not e than thirty-two (32) square feet in total area. No construction sign shall be rect:. prior to the issuance of a building permit, and each shall be removed as soon s a ce-'ficate of use and occupancy is issued. (Ord. N. 1316, §, 3.34.010-3.34.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § I, 7-20-92) Sec. 29. 0.125. Stand:. ds. The ollowing standarprescribed in this section shall apply to all sign approvals. (1) opy. Signs are limiter to naming the entity and the kind of activity conducted on the remises and products . d services offered there. Signs may refer to matters not on he premises only when se tions 29.10.105 through 29.10.140 expressly provide. (2) ► rade names or logos. Signs $ .y show trade names or logos that are not the name of he entity on the premises, but o y when such trade name or logo is that of a product r service which is a major part okhe sales or services conducted on the premises. (3) ompatibility with surroundings. The esign, color and location of each sign shall be ompatible with the architecture of the uildings on the premises, and in harmony ith the structures and other improveme s on the property. (4) hopping centers. In a shopping center or m ti-tenant building, each sign shall be elated to the other signs in the same center or b'Ming by incorporating at least four ) of the following six (6) identical elements: Material. • Letter style. • Color. Illumination. Method used for structural support of attachment. • Shape of the entire sign and its components. (5) acks and supports. The backs and supports of all signs shall be subdped. (6) lamination generally. No portion of the surface of any illuminated si''gn nor any visible lamp illuminating a sign shall have a brightness exceeding one hun`dvd fifty foot -lamberts. Supp. No. 3 2005 aocuzns 9 Ioe deodyved. March 12, 1444187 E7o/s of k. d?oad Zos gatos, C?aIi f ovzea Mayor Joanne Benjamin Town of Los Gatos 110 E. Main Street Los Gatos, CA 95032 Dear Joanne, I have recently discovered that the Los Gatos banner ordinance disallows any display of banners on buildings (such as the Los Gatos Coffee Roasting Company and Fiorillo's restaurant) and am very concerned about this. I believe that the banners displayed by non- profit groups give us the small town feeling we cherish, and it's one of the very few ways non-profit groups can communicate without major expense. MarLyn Rasmussen has informed me that this ordinance will be up for review on April 5th, 1993, and I would like an opportunity to speak at that time, if possible. If, by any chance, this date changes, could you pleas let me know? Thanks very much for your help, WAR 12t3 A y; P:� 3 TOWN dG LOS GA _TO PLANNING DEPARTMENT Joanne Rodg 356-1858 GC: Randy Attaway Steve Blanton Linda Lubeck Patrick O'Laughlin r_ ATATTACHMENT