Staff Report.Proposed Amendments to Chapter 11
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Manager, Director of Parks and Public Works and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/15/2019
ITEM NO: 9
DATE: October 9, 2019
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance, by title only, effecting an amendment to Chapter 11
(Garbage, Refuse and Weeds) of the Town Code regarding Weed Abatement
regulations.
RECOMMENDATION:
Introduce an Ordinance (Attachment 1), by title only, effecting an amendment to Chapter 11
(Garbage, Refuse, and Weeds) of the Town Code regarding Weed Abatement regulations.
BACKGROUND:
On January 22, 2019, the Town Council accepted the Town Attorney’s 2019 Ordinance and
Policy Priority recommendations. Listed sixth on the priority list was the Town’s Weed
Abatement Ordinance. The Town’s Weed Abatement Ordinance was adopted in 1968 and
establishes a program and procedure to maintain weeds in an effort to eliminate hazardous
conditions. Following the devastating wildfires of the past few years, the Town should update
the Ordinance to expand the definition of weeds to include other dead vege tation, fallen limbs,
and combustible trash on private property and add additional language to clarify and
strengthen the Town’s weed abatement program.
In addition during the development of the Wildland Urban Interface Evacuation Assessment,
staff conducted a review of the Town’s Municipal Code as it relates to wildfire mitigation.
Currently the Town has multiple references to regulatory areas that touch either directly, or
indirectly, on the development of a wildfire evacuation plan and community wildfire
preparedness. Relevant references can be found in Chapters 6, 9, 11, 26, and 29 of the Town
Municipal Code and in the Hillside Development Standards and Guidelines (HDS&G). Based on
that assessment, staff anticipates bringing forward recommended changes to Chapter 9 (Fire
Prevention and Protection) and Chapter 29 (Tree Protection) in the near future.
PAGE 2 OF 2
SUBJECT: Recommended Amendments to Chapter 11 of the Town Code
DATE: October 9, 2019
DISCUSSION:
Dry and overgrown weeds are a nuisance and safety hazard. In addition to contributing to
visual blight, dry weeds create a hazardous condition increasing the risk of fire. Weed
abatement codes are designed to require property owners to maintain their properties such
that weeds do not become overgrown and become a fire hazard. In addition, the abatement of
weeds can help effectuate the safe entry of first responders into wildfire events, and the safe
evacuation of residents from wildfire events.
As such staff has recommended edits and additions to Sec. 11.20.010 “Definitions” and Sec.
11.20.015 “Removal by property owner required.” Most substantively, staff is recommending
that private property owners within the Wildland Urban Interface clear weeds within five feet
of the roadway. Staff’s recommendations are provided in a draft Ordinance (Attachment 1) and
in redline format (Attachment 2).
CONCLUSION:
Staff recommends that the Town Council adopt the proposed Ordinance (Attachment 1).
COORDINATION:
The preparation of this Ordinance was coordinated with the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with this Ordinance.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Ordinance
2. Draft Amendments (redline)
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 11 (GARBAGE, REFUSE AND WEEDS) OF THE TOWN CODE
REGARDING WEED ABATEMENT REGULATIONS
WHEREAS, the Town of Los Gatos originally adopted a Weed Abatement Ordinance in
1968;
WHEREAS, the Town Council recognizes that dry and overgrown weeds contribute visual
blight and create hazardous conditions which increase risk of fire;
WHEREAS, On April 16, 2019, the Town Council recognizing the risk of wildfire in the
Wildland Urban Interface (WUI) adopted the Town’s Annex 9 to the Santa Clara County
Community Wildfire Protection Plan (CWPP);
WHEREAS, the proposed amendment changes will reduce the risk of fire and effectuate
safer passage for first responders and residents in the event of a wildfire;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 11.20.010 of Town Code Chapter 11 are hereby amended to read as follows:
Sec. 11.20.010. – Definition
For the purposes of this article, the word "weeds" shall mean all weeds growing upon or
abutting streets, alleys, sidewalks, or private property in the Town, including, but not limited
to, the following:
(1) Weeds which bear or may bear seeds of a downy or wingy nature;
(2) Sagebrush, chaparral and any other brush or weeds which may attain such large
growth as to become, when dry, a fire menace;
(3) Weeds which are otherwise noxious or dangerous;
(4) Poison oak when the conditions of growth are such as to constitute a menace to the
public health;
(5) Dead vegetation, fallen limbs, brush, combustible trash, or other flammable material
which endangers public safety by creating a fire hazard.
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
ATTACHMENT 1
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SECTION II
Section 11.20.015 of Town Code Chapter 11 are hereby amended to read as follows:
11.20.015. - Removal by property owner required.
(a) No owner, agent, lessee or other person occupying or having charge or control of any
building, lot or premises within the Town shall permit weeds to remain upon such premises,
or public sidewalks, or streets, or alleys between such premises and the centerline of any
public street or alley.
(b) Every property owner shall remove or destroy such weeds from such owner's
property, abutting sidewalks, and the abutting half of any streets or alleys between the lot
lines as extended.
(c ) Property owners within the Wildland Urban Interface (WUI) whose property abuts
Hillside Collector, Neighborhood Collector, and/or Local Street roadway classifications shall
remove or destroy such weeds within five (5) feet of the roadway to prevent or avoid undue
hardship in fighting fire.
SECTION III
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 amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION IV
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.
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SECTION V
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 VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October 15, 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 November 5, 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:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
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LOS GATOS, CALIFORNIA
DATE:
N:\DEV\ORDS\2019\Parking Assessment District [Intro] 09-17-19.docx
Chapter 11 - GARBAGE, REFUSE AND WEEDS[1]
ARTICLE II. - WEEDS
Sec. 11.20.010. - Definition.
For the purposes of this article, the word "weeds" shall mean all weeds gro wing upon or abutting
streets, alleys, sidewalks, or private property in the Town, including, but not limited to, the following:
(1) Weeds which bear or may bear seeds of a downy or wingy nature;.
(2) Weeds and indigenous grasses Sagebrush, chaparral and any other brush or weeds which
may attain such large growth as to become, when dry, a fire menace to adjacent property;.
(3) Weeds which are otherwise noxious or dangerous;.
(4) Poison oak and poison ivy, when the conditions of growth are such as to constitute a menace
to the public health;.
(5) Dead vegetation, fallen limbs, brush, combustible trash, or other flammable material which
endangers public safety by creating a fire hazard. Accumulation of garden refuse, cuttings,
limbs, lumber and other combustible trash.
(Code 1968, § 14-13)
Cross reference— Definitions and rules of construction generally, § 1.10.015.
Sec. 11.20.015. - Removal by property owner required.
(a) No owner, agent, lessee or other person occupying or having charge or control of any building, lot
or premises within the Town shall permit weeds to remain upon such premises, or public sidewalks,
or streets, or alleys between such premises and the centerline of any public street or alley.
(b) Every property owner shall remove or destroy such weeds from such owner's property, abutting
sidewalks, and the abutting half of any streets or alleys between the lot lines as extended.
(c ) Property owners within the Wildland Urban Interface (WUI) whose property abuts hillside
collector and neighborhood collector roadway classifications shall remove or destroy such weeds within
five (5) feet of the roadway to prevent or avoid undue hardship in fighting fire.
(Code 1968, § 14-14)