Item 5 - Staff Report.Valet Parking Regulations Amendment A-19-005
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.
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)
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