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Staff Report.FINAL PREPARED BY: Robert Schultz Town Attorney Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS TOWN COUNCIL REPORT MEETING DATE: 05/07/2018 ITEM NO: 11 DATE: APRIL 30, 2019 TO: TOWN COUNCIL FROM: ROBERT SCHULTZ, TOWN ATTORNEY SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 28, ARTICLE IV, OF THE LOS GATOS TOWN CODE ENTITLED HORSE DRAWN VEHICLES RECOMMENDATION: Accept public comment and then move for the introduction and first reading of an Ordinance, by title only, amending Chapter 28, Article IV, of the Los Gatos Town Code Entitled Horse Drawn Vehicles. BACKGROUND: The Town Attorney’s Office has been conducting a comprehensive review of the Town’s Municipal Code provisions. Chapter 28, Article IV, Section 28.40.070 of the Los Gatos Town Code entitled Horse Drawn Vehicles has not been revised in many years and revisions are necessary to streamline the process to allow for an applicant to obtain a permit without Council’s approval if there is a deviation from the existing operating regulations. DISCUSSION: The Town’s Horse Drawn Vehicles Ordinance was adopted in 1968 and establishes specific parameters for the operation of horse-drawn carriages in Town. The only Horse Drawn Vehicles permit issued each year is to the Chamber of Commerce for its Holiday Carriage Rides. Last year, the Chamber’s application included operating requests that did not comply with our PAGE 2 OF 2 SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 28, ARTICLE IV, OF THE LOS GATOS TOWN CODE ENTITLED HORSE DRAWN VEHICLES APRIL 30, 2019 S:\COUNCIL REPORTS\2019\05-07-19\Horse Drawn Carriages\Staff Report.docx DISCUSSION (Continued): current Code. Therefore, a Council hearing was required for the approval of the following operating requests: 1. Allow for a carriage that carries 6 passengers. 2. Operate Carriage Rides on a route that extends beyond the area defined in the Code . 3. Operate during the hours defined by the Code as peak commute hours. 4. Operate a loading zone in an alternative location . The attached proposed amendments to the Town Code would update the Horse Drawn Vehicle Ordinance to allow the Town Manager to approve operating requests that do not comply with our current Code. CONCLUSION: Staff recommends that Council move for the introduction and first reading of an Ordinance, by title only, amending Chapter 28, Article IV of the Los Gatos Town Code Entitled Horse Drawn Vehicles. ENVIRONMENTAL ASSESSMENT: 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)). COORDINATION: This report was coordinated with the Town Manager’s Office. FISCAL IMPACT: There are no fiscal impacts associated with the approval of these amendments. ATTACHMENTS 1. Red-Lined Draft Ordinance 2. Draft Final Ordinance