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Item 10 - Valet Parking Regulations PREPARED BY: Jocelyn Shoopman Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 09/17/2019 ITEM NO: 10 DATE: September 6, 2019 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Town Code Amendment Application A-19-005. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. RECOMMENDATION: Introduce an Ordinance (Attachment 4), by title only, effecting amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. BACKGROUND: On November 3, 2015, the Town Council approved Town Code amendments regarding valet parking to allow properties in the parking assessment district to charge patrons for valet parking. On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining opportunities that relate to the land use process and costs for businesses and residents. Potential amendments to the valet parking regulations was one of the streamlining options. Following a brief discussion, the Policy Committee provided direction to bring back the valet parking regulations for further discussion. On May 28, 2019, the Policy Committee reviewed potential modifications to the valet parking regulations and recommended forwarding the proposed changes to the Planning Commission and Town Council for recommendation and consideration, respectively. Town Council is the final decision-making body for Ordinances. PAGE 2 OF 4 SUBJECT: Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. DATE: September 6, 2019 DISCUSSION: A. Planning Commission On August 14, 2019, the Planning Commission reviewed the proposed Town Code amendments from the Policy Committee (Attachment 1, Exhibit 6) that would: • Remove the requirement that private parking lots outside of the parking assessment district area may not charge for valet parking; and • Modify the deciding body for Valet Parking Permits from the Development Review Committee to the Community Development Director. The Planning Commission had no recommended modifications to the Policy Committee’s draft ordinance language. Attachment 2 contains the verbatim minutes for the Planning Commission meeting. B. Public Outreach Public input has been requested through the following media and social media resources: • An eighth-page public notice in the newspaper; • A poster at the Planning counter at Town Hall; • The Town’s website home page, What’s New; • The Town’s Facebook page; • The Town’s Twitter account; • The Town’s Instagram account; and • The Town’s Nextdoor page. In addition, interested architects and the following organizations have been contacted regarding the amendments: • American Institute of Architects (AIA) Silicon Valley; • Santa Clara County Association of Realtors (SCCAR); and • Silicon Valley Association of Realtors (SILVAR). CONCLUSION: Staff recommends that the Town Council: 1. Make the finding 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)] (Attachment 3); PAGE 3 OF 4 SUBJECT: Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. DATE: September 6, 2019 CONCLUSION (continued): 2. Make the required finding that the amendments to Chapter 29 of the Town Code regarding valet parking regulations are consistent with the General Plan (Attachment 3); and 3. Introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town Code regarding valet parking regulations A-19-005 (Attachment 4), by title only, with any specific changes identified and agreed upon by the majority of the Town Council. ALTERNATIVES: Alternatively, the Council may: 1. Continue this item to a date certain with specific direction to staff; 2. Refer the item back to the Planning Commission with specific direction; or 3. Take no action, leaving the Town Code unchanged. COORDINATION: The evaluation of the application was coordinated with the Town Attorney. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed amendments to the Town Code will have a significant effect on the environment. PUBLIC COMMENTS: No written public comments have been received. Attachments: 1. August 14, 2019 Planning Commission Staff Report with Exhibits 1 - 6 (20 pages) 2. August 14, 2019 Planning Commission Verbatim Minutes (four pages) 3. Required Findings (one page) 4. Draft Ordinance (five pages) This Page Intentionally Left Blank PREPARED BY: Jocelyn Shoopman Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 08/14/2019 ITEM NO: 5 DATE: August 5, 2019 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Town Code Amendment Application A-19-005. Project Location: Town Wide. Applicant: Town of Los Gatos. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. RECOMMENDATION: Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment. FINDINGS: As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and The amendments to Chapter 29 of the Town Code are consistent with the General Plan. BACKGROUND: On February 6, 2018, the Town Council approved Town Code amendments regarding valet parking to allow properties in the parking assessment district to charge patrons for valet parking. ATTACHMENT 1 PAGE 2 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019 BACKGROUND (continued): On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining opportunities that relate to the land use process and costs for businesses and residences. Potential amendments to the valet parking regulations was one of the topics identified by staff as an opportunity to streamline the land use process and costs. Following a brief discussion, the Policy Committee provided direction to bring back the valet parking regulations for further discussion. On May 28, 2019, the Policy Committee reviewed potential modifications to the valet parking regulations and recommended approval of the changes. DISCUSSION: Section 29.10.145 (g) of the Town Code contains regulations regarding valet parking (Attachment 1). Additionally, Section 29.20.745 (4) of the Town Code designates the Development Review Committee (DRC) as the deciding body for Valet Parking Permit applications. These regulations require Valet Parking Permit applications to be approved by the DRC and do not allow for private parking lots outside of the parking assessment district area to charge for valet parking. The Valet Parking Permit application fee is a $1,000.00 deposit used to cover the actual cost of processing the application and DRC approval which typically takes between two and four months. The cost and processing time for a Valet Parking Permit application could be eliminated if Section 29.10.145 (g) and Section 29.20.745 (4) were amended. A. Existing Town Code Existing Town Code Section 29.10.145 (g) discusses valet parking regulations: ….. (g) Commercial operation of parking spaces. (1) All privately owned off-street parking spaces required to be provided by this division, or required by the administrative approval authorized by this chapter, shall be operated without charge to the users thereof. No privately owned parking lot which contains such spaces shall be operated commercially or under a validation system whereby parkers patronizing business for which the spaces are provided are admitted to the lot free of charge or at reduced charges and other parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by gates or other physical means during periods when the use or uses for which the spaces are required are in operation. The provisions of this section shall not be deemed to prohibit the posting of signs at entrances to such parking lots identifying PAGE 3 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019 DISCUSSION (continued): the businesses or uses for whose benefits the lots are operated, prohibiting other parking under threat, and enforcing such prohibitions. (2) Notwithstanding subsection (1) above, a parking lot located within a town parking assessment district may be operated with a charge for its use under the following circumstances if the town has instituted and continues to maintain a charge for use of town owned or operated parking lots in the district: a. A charge is made for use of the private parking lot that does not exceed the highest hourly rate charged by the town for use of its lots. Such a charge may include a validation system whereby parkers are admitted to the lot free of charge or at reduced charges if certain businesses are patronized and may also include restriction by gates or other physical means; or b. Use of valet parking, so long as the parking lot is usable at all times during which the parking spaces are in operation as required by this chapter, and the use of the valet parking has been approved by the Development Review Committee pursuant to a parking lot permit; or c. A combination of a charge and valet system. (3) Notwithstanding subsection (1) above, a private parking lot, or sections of a private parking lot located within a Town parking assessment district may be operated as a valet parking lot under the following circumstances: a. The valet parking may be provided with or without charge to the public; and b. The valet parking lot service adheres to and maintains all fire codes and emergency access standards; and c. The valet parking lot service shall not impair the safe and efficient use of existing adjacent non-valet parking; and d. The private valet parking lot is approved by the Development Review Committee pursuant to a parking lot permit. The Development Review Committee shall have the discretion to deny the parking lot permit application if any criteria set forth above and/or any other rules and regulations adopted by the Town Council cannot be met and shall have the ability to revoke the parking lot permit for valet parking with a minimum of ten (10) days notice. ….. Existing Town Code Section 29.20.745 discusses the assignment of duties for the DRC: The Development Review Committee shall: ….. (4) Review and make recommendations on parking lot permits under section 29.10.155(l) including reconfiguration or trade-off of zoning requirements under other sections of PAGE 4 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019 DISCUSSION (continued): this chapter, and under section 29.10.145(g) on use of valet parking for parking lots within a town parking assessment district. The development review committee has the authority to make final determinations for approval and revocation of parking lot permits for valet parking. ….. B. Proposed Modifications Based on the discussion above, as recommended by the Policy Committee, staff has prepared a Draft Ordinance implementing the amendments (Exhibit 6), for the Planning Commission’s consideration. The potential amendments, shown in strike through and underline font in Exhibit 6, would make the following changes: • Remove the requirement that private parking lots outside of the parking assessment district area may not charge for valet parking; and • Modify the deciding body for Valet Parking Permits from the DRC to the Director of Community Development. C. Public Outreach Public input has been requested through the following media and social media resources: • A poster at the Planning counter at Town Hall; • The Town’s website home page, What’s New; • The Town’s Facebook page; • The Town’s Twitter account; • The Town’s Instagram account; and • The Town’s NextDoor page. In addition, the following organizations have been contacted regarding the amendments: • American Institute of Architects (AIA) Silicon Valley; • Santa Clara County Association of Realtors (SCCAR); and • Silicon Valley Association of Realtors (SILVAR). PUBLIC COMMENTS: At this time, the Town has not received any public comment. PAGE 5 OF 5 SUBJECT: Valet Parking Regulations DATE: August 5, 2019 CONCLUSION: A. Recommendation Based on the direction of the Town Council Policy Committee, staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance. The Commission should also include any comments or recommended changes to the Draft Ordinance in taking the following actions: 1. Make the finding 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)] (Exhibit 1); 2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Exhibit 1); and 3. Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 6). B. Alternatives Alternatively, the Commission can: 1. Forward a recommendation to the Town Council for approval of the Draft Ordinance with modifications; or 2. Forward a recommendation to the Town Council for denial of the Draft Ordinance; or 3. Continue the matter to a date certain with specific direction. EXHIBITS: 1. Required Findings (one page) 2. Town Council Policy Committee Minutes, February 26, 2019 (three pages) 3. Town Council Policy Committee Report, February 26, 2019 (two pages) 4. Town Council Policy Committee Minutes, May 28, 2019 (two pages) 5. Town Council Policy Committee Report without attachments, May 28, 2019 (two pages) 6. Draft Ordinance (one page) This Page Intentionally Left Blank PLANNING COMMISSION – August 14, 2019 REQUIRED FINDINGS FOR: Town Code Amendment Application A-19-005 Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. FINDINGS Required Findings for CEQA: •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). Required Findings for General Plan: •The proposed amendments to Chapter 29 of the Town Code regarding valet parking regulations are consistent with the General Plan. N:\DEV\FINDINGS\2019\VALET PARKING REGULATIONS FINDINGS.DOCX EXHIBIT 1 This Page Intentionally Left Blank 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS TOWN COUNCIL POLICY COMMITTEE MEETING DATE: 04/09/2019 ITEM NO: 1 MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING FEBRUARY 26, 2019 The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on Thursday, February 26, at 5:00 p.m. MEETING CALLED TO ORDER ROLL CALL Members Present: Marcia Jensen, Barbara Spector. Staff Present: Rob Schultz, Town Attorney; Joel Paulson, Community Development Director; Matt Morley, Parks and Public Works Director; Shelley Neis, Town Clerk. VERBAL COMMUNICATIONS None. OTHER BUSINESS 1.Approval of the January 24, 2019 Council Policy Committee Minutes. Approved. 2.Provide direction on Commission Appointment Policy 2-11 in relation to Commissioner interviews, and the Town Agenda Format and Rules Policy 2-01 regarding remote meeting participation. Shelley Neis, Town Clerk, presented the staff report. Maria Ristow -Commented on remote participation and requested the Council consider requiring that applicants must attend a Commission meeting before applying. After discussion the Committee directed staff to forward the two Policies to Council with the following recommendation: -Allow a submission letter and remote participation for interview purposes only for incumbents. -Suggested language from the Town Attorney regarding special meeting times. -Suggested number of allowed remote meeting participation that is less than half as there was not consensus on the number. EXHIBIT 2 PAGE 2 OF 3 SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF MARCH 12, 2019 DATE: MARCH 7, 2019 N:\MGR\AdminWorkFiles\Council Committee - POLICY\2019\03.12.19\2-26-19 Final Minutes.docx 4/29/2019 4:32 PM Chair Jensen moved Items #4 and #5 before Item #3. 3.Provide direction on potential land use streamlining modifications. Joel Paulson, Community Development Director, presented the staff report. Bess Weirsema, Studio 3 -Requested the design professional community have a seat at the table to discuss potential modifications to land use processes and permitting and commented on the demolition regulations. Jennifer Crutchmer -Commented on the demolition regulations. Tony Jeans -Requested the design professional community have a seat at the table to discuss potenti al modifications to the demolition regulations and streamlining land use processes. Jay Plett -Commented on the demolition requirements and requested the demolition policy be streamlined. Dave Ziccovich -Commented on the demolition policy and requested the demolition policy be streamlined. Catherine Somers -Commented on streamlining processes to allow business to open within three months and consider a deciding body policy. After discussion the Committee directed staff to look at how the accessory dwelling unit (ADU) ordinance interacts with other regulations, how the hillside and historical regulations interact with other regulations, and to bring the demolition regulations and policy to the next meeting. 4.Provide direction on potential modifications or updates to the Traffic Impact Mitigation Ordinance, Policy, and Fees. Matt Morley, Parks and Public Works Director, presented the staff report. Maria Ristow -Suggested an alternative to exceptions, a traffic demand mitigation (TDM) or some way to waive the fees if the traffic is mitigated. PAGE 3 OF 3 SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF MARCH 12, 2019 DATE: MARCH 7, 2019 N:\MGR\AdminWorkFiles\Council Committee - POLICY\2019\03.12.19\2-26-19 Final Minutes.docx 4/29/2019 4:32 PM Item #4 – continued After discussion, the Committee identified that Town Code Section 15.70.030(c)(5) enables the Town Council to consider unusual circumstances and approve a deviation from the Traffic Policy. The Committee directed staff to bring the requested fee modification to the Town Council for its consideration consistent with this provision. 5. Receive information on the development of Arborist Report Standards. Joel Paulson, Community Development Director, presented the staff report. Dave Weismann - Commented on the prolonged timeline for the development of arborist standards. Refer the item to the Town Manager to discuss with the Mayor to determine if the item will be placed on a future Council agenda for discussion. 6. Determine meeting schedule for 2019 (verbal discussion only). The Committee chose the second Tuesday of each month at 5:00 p.m. The next meeting will be March 12, 2019. ADJOURNMENT The meeting adjourned at 6:08 p.m. Attest: _____________________________________ /s/ Shelley Neis, Town Clerk This Page Intentionally Left Blank PREPARED BY: JOEL PAULSON Community Development Director Reviewed by: Town Manager 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS POLICY COMMITTEE REPORT MEETING DATE: 2/26/2019 ITEM NO: 9 DATE: FEBRUARY 21, 2019 TO: POLICY COMMITTEE FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: DISCUSS AND PROVIDE DIRECTION ON POTENTIAL LAND USE STREAMLINING MODIFICATIONS. RECOMMENDATION: Discuss and provide direction on potential land use streamlining modifications. BACKGROUND: Over the last couple years, the Town has considered and approved a number of modifications and/or pilot programs that have streamlined the process and costs for businesses. Additional opportunities for streamlining opportunities for businesses will be considered by the Town Council on March 5, 2019. DISCUSSION: Staff has identified some additional opportunities to streamline land use processes for the Policy Committee’s consideration. Staff has prepared an outline that contains possible streamlining opportunities that relate to the land use process and costs for businesses and residences (Attachment 1). Attachment 1 contains general comments and questions regarding potential streamlining opportunities as outlined below by category: Demolition Regulations (see Attachments 2 and 3); Hillside Development Standards and Guidelines Project Review and Approval Process (see Attachment 4); Deciding Body Modifications (see Attachments 5 through 10); and EXHIBIT 3 PAGE 2 OF 2 SUBJECT: STREAMLINING DATE: FEBRUARY 21, 2019 C:\Users\Public\Documents\MeetingMunicodeDocumentProcessing\1c674f6b-0904-4935-9e4c-0af9b6c702f1\ITEM-Attachment-001- 29edeaa3f4eb4a1eb81b0b98806e9451.docx 7/18/2019 11:48 AM DISCUSSION (continued):  Architecture and Site Applications (see Attachment 10). This meeting will allow for an initial conversation between staff and the Policy Committee. Staff will be prepared to walk through these topics and answer questions. Staff is interested in the Policy Committee’s discussion and direction on these general topics to help prioritize next steps. Given staff resource constraints, staff will bring individual topics back to the Policy Committee for a more thorough discussion. COORDINATION: The preparation of this report was coordinated with the Town Manager’s Office. Attachments: 1. Possible Streamlining Opportunities 2. Demolition Affidavit 3. Demolition Diagram 4. Chapter IX of the Hillside Development Standards and Guidelines 5. Excerpt from the Town Code relating to Deciding Bodies 6. Excerpt from the Town Code relating to loss of Parking in the Parking Assessment District 7. Excerpt from the Town Code relating to Parking Lot Modifications 8. Excerpt from the Town Code relating to Valet Parking 9. Policy relating to Minor Exterior Modifications to Commercial Buildings 10. Excerpt from the Town Code relating to Minor Exterior Alterations to Commercial Building and the requirement for an Architecture and Site application for a change in architectural style 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS TOWN COUNCIL POLICY COMMITTEE MEETING DATE: 06/25/2019 MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING MAY 28, 2019 The Town Council Policy Committee of the Town of Los Gatos conducted a special meeting on Tuesday, May 28, 2019, at 5:00 p.m. MEETING CALLED TO ORDER AT 5:01 P.M. ROLL CALL Members Present: Marcia Jensen, Barbara Spector. Staff Present: Laurel Prevetti, Town Manager; Joel Paulson, Community Development Director; Holly Zappala, Management Analyst. VERBAL COMMUNICATIONS None. OTHER BUSINESS 1.Approval of the May 9, 2019 Council Policy Committee Minutes. Approved. Joel Paulson, Community Development Director, presented the staff reports for Items 2 through 5. 2.Provide direction on potential amendments to the Hillside Development Standards and Guidelines approval processes. After discussion, the Committee asked staff to email the Committee a revised draft for review and, upon review and approval of the draft, forward a recommendation to the Planning Commission to approve the amendments to the Hillside Development Standards and Guidelines. 3.Provide direction on potential amendments to the parking lot improvement approval process. After discussion, the Committee decided to forward a recommendation to the Planning Commission to approve the amendments to the parking lot improvement approval pro cess. EXHIBIT 4 PAGE 2 OF 2 SUBJECT: MINUTES OF THE SPECIAL TOWN COUNCIL POLICY COMMITTEE MEETING OF MAY 28, 2019 DATE: JUNE 25, 2019 4.Provide direction on potential amendments to the valet parking regulations. After discussion, the Committee agreed to forward a recommendation to the Planning Commission to approve the amendments to the valet parking regulations and to expand the valet parking regulations beyond the parking assessment district to apply Town-wide. 5.Provide direction on potential amendments to parking assessment district regulations. After discussion, the Committee forwarded a recommendation to the Planning Commission to approve the amendments to parking district regulations with minor changes to the wording to make it clear that they apply to on-site parking spaces. The Committee also agreed to amend the regular meeting schedule of the Town Council Policy Committee to meet on the fourth Tuesday of each month at 5:00 p.m. in Town Council Chambers. ADJOURNMENT The meeting adjourned at 5:26 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the May 28, 2019 meeting as approved by the Town Council Policy Committee. /s/ Holly Zappala, Management Analyst PREPARED BY: JOEL PAULSON Community Development Director Reviewed by: Town Manager 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS POLICY COMMITTEE REPORT MEETING DATE: 5/28/2019 ITEM NO: 4 DATE: MAY 22, 2019 TO: POLICY COMMITTEE FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PROVIDE DIRECTION ON POTENTIAL AMENDMENTS TO THE VALET PARKING REGULATIONS. RECOMMENDATION: Provide direction on potential amendments to the valet parking regulations. BACKGROUND: On February 6, 2018, the Town Council approved Town Code amendments regarding valet parking to allow properties in the parking assessment district to charge patrons for valet parking. On February 26, 2019, the Policy Committee reviewed an outline of possible streamlining opportunities that relate to the land use process and costs for businesses and residences. Following a brief discussion, the Policy Committee provided direction to bring back valet parking regulations for further discussion. Potential amendments to valet parking regulations was one of the topics identified by staff as an opportunity to streamline the land use process and costs. The general questions regarding potential amendments to parking assessment district regulations presented in the February 26, 2019 Policy Committee report were: •Should valet parking be reviewed and approved by the Director of Community Development rather than having to go to Development Review Committee (DRC)? EXHIBIT 5 PAGE 2 OF 2 SUBJECT: VALET PARKING REGULATIONS DATE: MAY 22, 2019 N:\DEV\TC POLICY COMMITTEE REPORTS\2019\5-28-19\Valet\Staff Report.docx 8/6/2019 7:50 AM BACKGROUND (continued): • Should charging for valet parking be expanded beyond the parking assessment district area? DISCUSSION: Section 29.10.145 (g) of the Town Code contains regulations regarding valet parking (Attachment 1). Additionally, Section 29.20.745 (4) of the Town Code designates the DRC as the deciding body for Valet Parking applications. These regulations require Valet Parking applications to be approved by the DRC and don’t allow charging for valet parking outside of the parking assessment district area. The Valet Parking application fee is a $1,000.00 deposit used to cover the actual cost of processing the application and DRC approval which typically takes between two and four months. The cost and processing time for a Valet Parking application could be eliminated if Section 29.10.145 (g) and Section 29.20.745 (4) were amended. Staff has prepared potential Town Code amendments (Attachment 2) for the Policy Committee’s consideration. These amendments would allow the Community Development Director to approve Valet parking applications and allow charging for valet parking outside of the parking assessment district area. The potential amendments, are shown in strike-through and underline font in Attachment 2. This meeting will allow for a conversation between staff and the Policy Committee. Staff will be prepared to walk through this matter and answer questions. Staff is interested in the Policy Committee’s discussion and direction on the potential valet parking regulation modifications. COORDINATION: The preparation of this report was coordinated with the Town Manager’s Office. Attachments: 1. Excerpt from the Town Code regarding Valet Parking 2. Potential Town Code Amendments Excerpts from Los Gatos Town Code Chapter 29 Sec. 29.10.145. - Requirements Generally ….. (g)Commercial operation of parking spaces. (1) All privately owned off-street parking spaces required to be provided by this division, or required by the administrative approval authorized by this chapter, shall be operated without charge to the users thereof. No privately owned parking lot which contains such spaces shall be operated commercially or under a validation system whereby parkers patronizing business for which the spaces are provided are admitted to the lot free of charge or at reduced charges and other parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by gates or other physical means during periods when the use or uses for which the spaces are required are in operation. The provisions of this section shall not be deemed to prohibit the posting of signs at entrances to such parking lots identifying the businesses or uses for whose benefits the lots are operated, prohibiting other parking under threat, and enforcing such prohibitions. (2) Notwithstanding subsection (1) above, a parking lot located within a the Town parking assessment district may be operated with a charge for its use under the following circumstances if the Town has instituted and continues to maintain a charge for use of Town owned or operated parking lots in the district: a.A charge is made for use of the private parking lot that does not exceed the highest hourly rate charged by the town for use of its lots. Such a charge may include a validation system whereby parkers are admitted to the lot free of charge or at reduced charges if certain businesses are patronized and may also include restriction by gates or other physical means; or b.Use of valet parking, so long as the parking lot is usable at all times during which the parking spaces are in operation as required by this chapter, and the use of the valet parking has been approved by the Development Review Committee Community Development Director pursuant to a Parking Lot Permit; or c.A combination of a charge and valet system. (3) Notwithstanding subsection (1) above, a private parking lot, or sections of a private parking lot located within a the Town parking assessment district may be operated as a valet parking lot under the following circumstances: a.The valet parking may be provided with or without charge to the public; and b.The valet parking lot service adheres to and maintains all fire codes and emergency access standards; and EXHIBIT 6 c. The valet parking lot service shall not impair the safe and efficient use of existing adjacent non-valet parking; and d. The private valet parking lot is approved by the Development Review Committee Community Development Director pursuant to a parking lot Valet Parking Permit. The Development Review Committee Community Development Director shall have the discretion to deny the parking lot Valet Parking permit application if any criteria set forth above and/or any other rules and regulations adopted by the Town Council cannot be met and shall have the ability to revoke the parking lot Valet Parking Permit for valet parking with a minimum of ten (10) days notice. ….. Sec. 29.20.745. - Development Review Committee. The Development Review Committee shall: ….. (4) Review and make recommendations on parking lot permits under section 29.10.155(l) including reconfiguration or trade-off of zoning requirements under other sections of this chapter, and under section 29.10.145(g) on use of valet parking for parking lots within a town parking assessment district. The development review committee has the authority to make final determinations for approval and revocation of parking lot permits for valet parking. ….. LOS GATOS PLANNING COMMISSION 8/14/2019 Item #5, Town Code Amendment Application A-19-005, Valet Parking Regulations 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Matthew Hudes, Chair Mary Badame Kendra Burch Kathryn Janoff Tom O'Donnell Reza Tavana Town Manager:Laurel Prevetti Community Development Director: Joel Paulson Town Attorney:Robert Schultz Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 2 LOS GATOS PLANNING COMMISSION 8/14/2019 Item #5, Town Code Amendment Application A-19-005, Valet Parking Regulations 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HUDES: Item 5, Town Code Amendment Application A-19-005, again Town Wide. Consider amendments to Chapter 29 regarding valet parking regulations. Ms. Shoopman. JOCELYN SHOOPMAN: Lastly is a consideration of an amendment to Chapter 29 of the Zoning Code regarding valet parking regulations as recommended by the Council Policy Committee and forwarded to you for your recommendation to the Council. Recommendation from the Policy Committee proposes to remove the requirement that private parking lots outside of the Parking Assessment District may not charge for valet parking, and to modify the deciding body for valet parking permits from the DRC to the Director of Community Development. This completes Staff's presentation. CHAIR HUDES: Okay, thank you. Questions? Commissioner Janoff. COMMISSIONER JANOFF: Just to clarify, the first bullet is a double negative, right? The proposal is to allow those parking situations to charge for valet parking? LOS GATOS PLANNING COMMISSION 8/14/2019 Item #5, Town Code Amendment Application A-19-005, Valet Parking Regulations 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOCELYN SHOOPMAN: That's correct. CHAIR HUDES: Okay, other questions? We have no cards from the public, so I will now close the public portion of the hearing and we move to discussion or a motion. Commissioner Badame. COMMISSIONER BADAME: I move to forward a recommendation of approval for Town Code Amendment Application A-19-005, amendments to Chapter 29, the zoning regulations of the Town Code regarding valet parking regulations. I can make the required findings for CEQA and the required findings for the General Plan. CHAIR HUDES: Thank you. Second? Commissioner Tavana. COMMISSIONER TAVANA: Second. CHAIR HUDES: Okay. I'll call the question. All in favor? Opposed? Passes 6-0 unanimously and there are no appeal rights on this either, I believe. This Page Intentionally Left Blank TOWN COUNCIL – September 17, 2019 REQUIRED FINDINGS FOR: Town Code Amendment Application A-19-005 Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding valet parking regulations. FINDINGS Required Findings for CEQA: • 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). Required Findings for General Plan: • The proposed amendments to Chapter 29 of the Town Code regarding valet parking regulations are consistent with the General Plan. N:\DEV\FINDINGS\2019\VALET PARKING REGULATIONS FINDINGS TC.DOCX ATTACHMENT 3 This Page Intentionally Left Blank ATTACHMENT 4 ORDINANCE ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING VALET PARKING REGULATIONS WHEREAS, the Town Council would like to streamline the land use process to reduce the time and cost impacts for businesses and residences; WHEREAS, Section 29.10.145 of the Town Code contains regulations regarding valet parking regulations; WHEREAS, Section 29.20.745 of the Town Code designates the Development Review Committee (DRC) as the deciding body for Valet Parking Permit applications and does not allow for private parking lots outside of the parking assessment district area to charge for valet parking; WHEREAS, the proposed amendments will modify the deciding body for Valet Parking Permit applications from the DRC to the Community Development Director and will allow for private parking lots outside of the parking assessment district area to charge for valet parking; WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearing on August 14, 2019; WHEREAS, on August 14, 2019, the Planning Commission reviewed the proposed amendments regarding valet parking regulations and forwarded a recommendation to the Town Council for approval of the proposed amendments; WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on September 17, 2019; and WHEREAS, on September 17, 2019, the Town Council reviewed and commented on the proposed amendments regarding valet parking regulations and the Town Council voted to introduce an Ordinance. Draft Ordinance: subject to modification by Town Council based on deliberations and direction 2 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 29.10.145 and Section 29.20.745 of Town Code Chapter 29 are hereby amended to read as follows: Sec. 29.10.145. – Development standards. … (g) Commercial operation of parking spaces. (1) All privately owned off-street parking spaces required to be provided by this division, or required by the administrative approval authorized by this chapter, shall be operated without charge to the users thereof. No privately owned parking lot which contains such spaces shall be operated commercially or under a validation system whereby parkers patronizing business for which the spaces are provided are admitted to the lot free of charge or at reduced charges and other parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by gates or other physical means during periods when the use or uses for which the spaces are required are in operation. The provisions of this section shall not be deemed to prohibit the posting of signs at entrances to such parking lots identifying the businesses or uses for whose benefits the lots are operated, prohibiting other parking under threat, and enforcing such prohibitions. (2) Notwithstanding subsection (1) above, a parking lot located within a the Town parking assessment district may be operated with a charge for its use under the following circumstances if the Town has instituted and continues to maintain a charge for use of Town owned or operated parking lots in the district: a. A charge is made for use of the private parking lot that does not exceed the highest hourly rate charged by the town for use of its lots. Such a charge may include a validation system whereby parkers are admitted to the lot free of charge or at reduced charges if certain businesses are patronized and may also include restriction by gates or other physical means; or b. Use of valet parking, so long as the parking lot is usable at all times during which the parking spaces are in operation as required by this chapter, and the use of the valet parking has been approved by the Development Review Committee Community Development Director pursuant to a Parking Lot Valet Parking Permit; or c. A combination of a charge and valet system. 3 (3) Notwithstanding subsection (1) above, a private parking lot, or sections of a private parking lot located within a the Town parking assessment district may be operated as a valet parking lot under the following circumstances: a. The valet parking may be provided with or without charge to the public; and b. The valet parking lot service adheres to and maintains all fire codes and emergency access standards; and c. The valet parking lot service shall not impair the safe and efficient use of existing adjacent non-valet parking; and d. The private valet parking lot is approved by the Development Review Committee Community Development Director pursuant to a parking lot Valet Parking Permit. The Development Review Committee Community Development Director shall have the discretion to deny the parking lot Valet Parking permit application if any criteria set forth above and/or any other rules and regulations adopted by the Town Council cannot be met and shall have the ability to revoke the parking lot Valet Parking Permit for valet parking with a minimum of ten (10) days notice. … Sec. 29.20.745. – Development Review Committee. The Development Review Committee shall: (4) Review and make recommendations on parking lot permits under section 29.10.155(l) including reconfiguration or trade-off of zoning requirements under other sections of this chapter, and under section 29.10.145(g) on use of valet parking for parking lots within a town parking assessment district. The development review committee has the authority to make final determinations for approval and revocation of parking lot permits for valet parking. … SECTION II With respect to compliance with the California Environmental Quality Act (CEQA), the Town Council finds as follows: A. These Town Code amendments are not subject to review under CEQA pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed amendments to the Town Code would have significant impact on the environment; and 4 B. The proposed Town Code amendments are consistent with the General Plan and its Elements. SECTION III If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidly shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This Town Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 17, 2019, 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 October 1, 2019 and becomes effective 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: NAYS: ABSENT: ABSTAIN: 5 SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: N:\DEV\ORDS\2019\Valet Parking [Intro] 09-17-19.docx ATTACHMENT 4 This Page Intentionally Left Blank