Los Gatos Municipal Code Art. I In General

Any person who proposes a substantial remodel 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 in an agreement with the Town, 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.

(Ord. No. 2296, § I, 11-19-19)

For purposes of this chapter, the following words and phrases shall have the following meanings:

Median strip shall mean a paved or planted strip of ground dividing a roadway into lanes according to the direction of travel.

Parked vehicle shall mean a legally parked vehicle.

Roadway shall mean that portion of a public street normally or ordinarily used for motor vehicle travel. It shall not include driveways, sidewalks, curbs, other areas adjacent to public streets, or other areas out of or off of the public streets. It shall include any median strip and any concrete island separated from a sidewalk used as a staging area for pedestrians crossing an intersection.

Solicit or solicitation shall mean any transaction or attempted transaction involving an offer, whether oral or written, of goods, property or services, or a request for money, property or services. This term shall not include the mere advertisement of goods and/or services by a motorist, where no immediate transaction is attempted.

Substantial remodel. Defined as meeting three (3) or more of the following criteria:

• The valuation of the work exceeds either two hundred thousand dollars ($200,000.00) or twenty (20) percent of the total value of the improvements;

• Seventy-five (75) percent or more of the existing roof framing (square footage area) will be removed;

• Fifty (50) percent or more of the existing exterior wall [square foot (SF)] will be removed; or

• Fifty (50) percent or more of the existing interior wall [lineal foot (LF)] will be removed.

(Code 1968, § 26-1; Ord. No. 2185, § I, 2-1-10; Ord. No. 2296, § I, 11-19-19)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

The Town base is the datum plane at an elevation of four hundred eleven and one hundred seventy-five thousandths (411.175) feet below the top of the United States Geological Survey benchmark stamped "B.C. 177-1936, reset 1940, elev. 411.175," set in the concrete curb at the southwest corner of Santa Cruz Avenue and West Main Street, at the northeast corner of the Lyndon Hotel lot, in the Town.

(Code 1968, § 26-2)

The Town base and datum plane established in this chapter shall be used by the Town Engineer in the establishment of grades and elevations in the Town.

(Code 1968, § 26-3)

If it shall appear necessary to the Town Engineer, where supervision of the work has been delegated to the Town Engineer, to close any street, alley or way so as to permit the proper completion of any street work which is being performed thereon, the Town Engineer may close or cause to be closed the whole or any portion of such street, alley or way deemed necessary to be excluded from public travel.

(Code 1968, § 26-4)

(a) While any street, alley or way, or any portion thereof, is in the process of construction or maintenance, or is closed to public use, the Town Engineer or the contractor doing the work may erect or cause to be erected suitable barriers or obstructions thereon, may post or cause to be posted conspicuous notices to the effect that the street, alley or way, or any portion thereof, is closed or directing the traffic elsewhere, and may place or cause to be placed warning lights and lanterns on such street, alley or way, or any portion thereof.

(b) No person shall wilfully break down, remove, injure or destroy any such barriers or obstructions, tear down, remove or destroy any such notices, extinguish, remove, injure or destroy any such warning lights or lanterns, or ride or drive any animal or vehicle across or along any portion of such street, alley or way so closed.

(Code 1968, § 26-5)

Editor's note— Ord. No. 2176, § I, adopted Sept. 8, 2009, repealed § 23.10.035. Former § 23.10.035 pertained to ball playing in streets and derived from Code 1968, § 17-1.

No person shall keep or maintain any goods, wares or merchandise on any sidewalk, street or alley in the Town for display or any other purpose, except under the following circumstances:

(1) While the same is actually being loaded in, or unloaded from, a vehicle at the curb.

(2) In connection with outdoor display of merchandise by a business under the conditions set forth in section 23.10.045.

(3) In a pushcart operating under the conditions of an approved location permit under division 2 of article VII of chapter 14 of this Code.

(Code 1968, § 26-7)

Outdoor display of merchandise on public property may be allowed with Council approval as follows:

(1) Civic events, art shows, and fund-raising events for service clubs or charitable institutions may display merchandise on public property provided the event does not exceed three (3) days' duration.

(2) Shopping center and area-wide sales promotions may display merchandise on public property, provided that a single event does not exceed three (3) days' duration, there is not more than one (1) event per zoning plot in each calendar quarter, and there is at least a thirty-day interval between events.

(Code 1968, § 26-7.1)

Editor's note— Ord. No. 1995, § I, adopted March 20, 1995, repealed former §§ 23.10.050—23.10.075, relative to newsracks, which derived from Code 1968, §§ 26-7.4—26-7.9. Said Ord. No. 1995 enacted new provisions regarding newsracks which are contained in Art. VII of this chapter.

(a) Definition. As used in this section, a traffic view area is the area which is within fifteen (15) feet of a public street and within two hundred (200) feet of the right-of-way line of an intersection.

(b) Height restricted. No person shall build, or keep in place, a fence, wall, hedge or shrub more than three (3) feet high in a traffic view area unless the person has a permit to do so from the Town Engineer.

(c) Measurement of height. For the purposes of this section, height is measured from the elevation of the top of the curb (or the edge of the pavement if there is no curb).

(d) Permit for fences, etc., in excess of height restriction. On application (made in such manner as the Town Engineer may provide), the Town Engineer may issue a permit to build or keep in place a fence, wall, hedge or shrub notwithstanding the provisions of subsection (b) of this section. The Town Engineer may issue the permit only if the Town Engineer finds that the proposed or existing fence, wall, hedge or shrub does not block the view of and by motorists, bicyclists, or pedestrians in a manner that is inconsistent with reasonable safety standards. There is no permit fee.

(e) Procedure as to existing fences and walls in excess of height restriction. If the Town Engineer makes a preliminary determination that any fence, wall, hedge or shrub which is over three (3) feet high and is in a traffic view area is a hazard because it blocks the view of or by motorists, bicyclists, or pedestrians, the Town Engineer shall notify the property owner and the principal occupants of the property of the intention to hold a hearing to determine whether the fence or wall must be removed or the hedge or shrub must be trimmed or removed.

(f) Method of giving notice of hearing regarding removal or trimming. Notice pursuant to subsection (e) of this section may be given by personal delivery. If the Town Engineer elects to give notice by mail, the Town Engineer shall allow seventy-two (72) hours for delivery and shall address the notice to the owner shown on the most recent equalized assessor's roll, unless the assessor has more recent information and makes it available to the Town Engineer, in which case the Town Engineer shall use the later information. At least five (5) days' notice of hearing shall be given, and in the case of mailed notice, the five (5) days is in addition to the time allowed for mailing.

(g) Hearing and decision regarding removal or trimming. After giving the owner and the occupants an opportunity to present evidence at a hearing held pursuant to this section, the Town Engineer shall determine whether a hazardous condition exists. If the Town Engineer determines that the fence, wall, hedge or shrub constitutes a traffic hazard, the property owner shall remove, modify or trim it as required by the Town Engineer.

(h) Appeal of decision to remove or trim. An owner or occupant objecting to a determination by the Town Engineer under the provisions of subsection (g) of this section may appeal the decision to the Town Council within five (5) days of the time when the Town Engineer states the decision. Because of the possible emergency nature of proceedings under this section, formal or written notice of decision is not required to start the time for appeal; any notification that would cause a potential appellant, as a reasonable person, to be aware of the substance of the decision will suffice.

(Code 1968, §§ 26-8.1—26-8.8)

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

Editor's note— Ord. No. 2003, § I, adopted Sept. 18, 1995, repealed former § 23.10.085, relative to obstructions, which derived from Code 1968, §§ 26-6 and 26-9 and Ord. No. 1886, § I, adopted Jan. 21, 1992.

No person, while upon a public roadway, shall offer for sale, give, or deliver any newspaper, magazine, periodical, service, or other merchandise or item to the operator or occupant of any vehicle upon such roadway.

(Code 1968, § 26-13; Ord. No. 2003, § XII, 9-18-95)