15 Attachment 2 - September 24 2019 Policy Committee Staff ReportPREPARED BY: Lisa Petersen
Assistant Director of Parks and Public Works/Town Engineer
Reviewed by: Town Manager, Town Attorney, and PPW Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
POLICY COMMITTEE REPORT
MEETING DATE: 9/24/2019
ITEM NO: 3
DATE: September 20, 2019
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Provide Direction on Potential Amendments to the Town Code Regarding Right
of Way Dedication, Installation of Curbs, Gutters, and Sidewalks, and
Undergrounding of Utilities
RECOMMENDATION:
Provide direction on potential amendments to the Town Code regarding right of way
dedication, installation of curbs, gutters, and sidewalks, and undergrounding of utilities.
BACKGROUND:
On June 18, 2019, the Town Council approved modifications to the demolition policy to allow
for streamlining of the building permit process. The modifications will allow buildings that
maintain more than 50 percent of their exterior walls, without being contiguous, to go through
a standard building permit application process as opposed to the Architectural and Site
application process. Due to this change, these projects will not be reviewed by the Town’s
Parks and Public Works Department for right of way dedication, inclusion of curbs, gutters, and
sidewalks, and undergrounding of utilities. The Town Code specifies these elements for
subdivisions, but remains silent on other types of development projects.
Historically, Parks and Public Works has reviewed development plans for conditioning of right
of way dedication, curbs, gutters, and sidewalks, and undergrounding of utilities under the
following permits:
-New subdivisions;
-New commercial and single-family home developments;
-Remodels of commercial and single-family home developments when the applications
go through the discretionary Architectural and Site application process .
ATTACHMENT 2
PAGE 2 OF 4
SUBJECT: Provide Direction on Potential Amendments to the Town Code Regarding Right
of Way Dedication, Installation of Curbs, Gutters and Sidewalks, and
Undergrounding of Utilities
DATE: September 20, 2019
BACKGROUND (continued):
On July 23, 2019, the Policy Committee reviewed and provided direction on potential
regulations for these items. After the discussion, the Committee asked staff to return to the
Policy Committee with proposed amendments to the Town Code applicable to building permits.
The Committee also requested that staff review the current practice regarding when and how
“in lieu” sidewalk fee money is used.
DISCUSSION:
Proposed Code Amendments
As provided to the Policy Committee in the July 23, 2019 report , both the City of Cupertino and
the City of Campbell have broad code requirements for dedication of right of way and/or the
installation of improvements such as curbs, gutters, and sidewalk, and undergrounding of
utilities when a building permit is required. Both cities further define when the building
permits will be routed to their Public Works Departments for conditioning of right of way or
improvements based on Building Department procedural documents. Staff is recommending
Code changes in alignment with these cities.
Potential changes to Town Code Chapter 23 Streets and Sidewalks would address the
dedication of right of way and/or the installation of improvements when a building permit is
required:
Sec. 23.10.005 – Requirements – General
Any person who proposes a substantial upgrade to erect, construct, add to, alter or
repair any building or structure for which a building permit is required by the Town
adjacent to an unimproved street, or who seeks a use permit, planned development
permit, or architectural and site approval from the Town for land adjacent to an
unimproved street must agree to improve, or agree to improve by installation
agreement, said street by the installation of improvements, under the provisions of this
chapter. This may include dedication or an irrevocable offer of dedication of land that is
needed for streets, alleys including access rights and abutters’ rights, drainage, public
utility easements and open space land or easement, park lands, trail rights of way or
easements, and other public easements. In addition , the owner/developer shall
improve or agree to improve all streets, alleys, including access right and abutters’
rights, drainage, public utility easements, and other public easements as determined by
the Town Engineer. These improvements may include, but are not limited to,
installation of curbs, gutters, and sidewalk, pavement, bicycle improvements, and
undergrounding of utilities.
PAGE 3 OF 4
SUBJECT: Provide Direction on Potential Amendments to the Town Code Regarding Right
of Way Dedication, Installation of Curbs, Gutters and Sidewalks, and
Undergrounding of Utilities
DATE: September 20, 2019
DISCUSSION (continued):
Staff is recommending that building permit plans be routed to Public Works for conditioning of
necessary right of way and/or public improvements should the permit be deemed a
“substantial remodel.” In general alignment with neighboring cities, a substantial remodel
would meet three or more of the following criteria:
The valuation of the work exceeds $180,000;
Seventy-five percent (75%) or more of the existing roof framing (square footage area)
will be removed;
Fifty percent (50%) or more of the existing exterior wall [Square Foot (SF)] will be
removed; or
Fifty percent (50%) or more of the existing interior wall [Lineal Foot (LF)] will be
removed.
To determine if a building permit meets these conditions, a form requesting this information
would be required from the licensed professional preparing the architectural plans. Should this
form show the work meeting the “substantial remodel” definition, the Building Department
would then route the plans to Parks and Public Work for review and possible conditioning of
dedication or public improvements, as determined by the Town Engineer.
Sidewalk In-Lieu Fee
Currently, sidewalk installation is required for new developments that do not have sidewalk and
are adjacent to a property that has installed sidewalk. In cases (outside of the hillside area)
where no adjacent sidewalk exists, developments are required to pay a sidewalk in-lieu fee.
The Town has collected $182,633 in sidewalk in-lieu fees since FY 2016/17. In the past, the
Town has not increased the Annual Curb, Gutter, and Sidewalk Maintenance project budget by
the actual receipts. In FY 2018/19, the ongoing budget for the annual project was increased by
$50,000 to a $300,000 per year allocation and in FY 2019/20, the budget was increased by
$600,000 (one-time) to address a backlog in needed concrete repairs and ramp installations. In
the future, staff would recommend to the Town Council a Mid-Year budget adjustment for the
Annual Curb, Gutter, and Sidewalk Maintenance project based on the prior year receipts of
sidewalk in-lieu fees to ensure that these fees are used as intended. The yearly budget
allocation would remain $300,000 per year, with receipts reducing the general fund allocation
by an equivalent amount.
PAGE 4 OF 4
SUBJECT: Provide Direction on Potential Amendments to the Town Code Regarding Right
of Way Dedication, Installation of Curbs, Gutters and Sidewalks, and
Undergrounding of Utilities
DATE: September 20, 2019
COORDINATION:
This report has been coordinated with the Town Attorney’s Office and the Community
Development Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA and no further action is required.
Attachments:
Previously received with the July 23, 2019 Staff Report:
1.Subdivision Ordinance
2.Sample Ordinance language from Campbell and Cupertino