Ord 1264 - AMENDING THE ZONING ORDINANCE CONCERNING TREES, ARCHITECTURAL AND SITE APPROVAL PROCEDURES, YARD REQUIREMENTS IN THE HR ZONE AND CONDITIONAL USE PERMITS.ORDINANCE NO. 1264
AN ORDINANCE AMENDING THE ZONING ORDINANCE
CONCERNING TREES, ARCHITECTURAL AND SITE
APPROVAL PROCEDURES, YARD REQUIREMENTS IN
THE HR ZONE AND CONDITIONAL USE PERMITS.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION 1.
Article 4 is added to the Zoning Ordinance of the Town of
Los Gatos to read as follows:
ARTICLE 4 : TREE PRESERVATION
SEC. 4.00.100: INTENT
Sections 4.00.100 through 4.00.650 are adopted because the
Town has been forested by oak, bay, eucalyptus, sycamore,
redwood, pine and other trees, and contains individual trees of
great beauty, the preservation of which is necessary for the
health and welfare of the citizens of the Town in order to preserve
the scenic beauty, prevent erosion of top soil, protect against
flood hazards and the risk of landslides, counteract the pollutants
in the air, maintain the climatic balance and decrease wind
velocities, and contribute greatly to the value of land in the
Town. It is the intent of these sections to establish regulations
controlling the removal of significant trees within the Town in
order to retain as many trees as possible consistent with the
purpose of these sections and the reasonable economic enjoyment
of private property.
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SEC. 4.00.200 SCOPE® TREES PROTECTED
The trees protected by sections 4.00.100 through 4.00.650
are:
SEC. 4.00.210 All trees which have a fifty inch or greater
circumference of any trunk, or in the case of multi -trunk
trees a total of one hundred inches or more of the
circumference of all trunks.
SEC. 4.00.220 All trees which have a twenty inch or greater
circumference of any trunk, when removal relates either to
any transaction for which Commission or Committee approval
is required or when the tree existed at the time of or was
required to be planted by the terms of Commission or Committee
approval for any nonresidential developments.
SEC. 4.00.230 All trees which have a twenty inch or greater
circumference of any trunk and are located on a vacant lot
or undeveloped property.
SEC. 4.00.240 Measurements of circumference are made with
a taut tape, three feet above the ground.
SEC. 4.00.300 PROHIBITIONS
Except as provided in sections 4.00.410 through 4.00.420, it
is unlawful for anyone to remove or cause to be removed any
protected tree in the Town without obtaining a permit to do so.
SEC. 4.00.400: EXCEPTIONS
The following tree removals are excepted from the provisions
of sections 4.00.100 through 4.00.650:
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SEC. 4.00.410: Removal of orchard trees as part of farming
operations or upon order of the County Agricultural Inspector.
SEC. 4.00.420: Removal in case of emergency when a tree is
hazardous or dangerous to life or property, on order of the
Superintendent of Parks and Forestry.
SEC. 4.00.500 APPLICATIONS
Applications for tree removal permits shall be filed with the
Planning Department on forms prescribed by the Planning Director
and shall state, among other things, the number and location of
the trees to be removed by type and the reason for removal of each.
Applications for tree removal may be granted, denied, or granted
with conditions.
SEC. 4.00.550: Applications for removal of trees described
in section 4.00.210 other than trees also described by
sections 4.00.220 and 4.00.230 are jointly determined by
the Planning Director and Superintendent of Parks and Forestry.
Applications for removal of trees described in section 4.00.220
shall be determined by the Commission or Committee concurrently
with the related matter. Applications for removal of trees
described in section 4.00.230 shall be determined by the
Committee.
SEC. 4.00.600: STANDARDS
Each application shall be reviewed and determined in
consideration of the following standards:
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SEC. 4.00.610 The condition of the tree or trees with
respect to disease, danger of falling, proximity to existing
or proposed structures and interference with utility services.
SEC. 4.00.620 The necessity to remove a tree or trees in
order to make improvements to allow economic enjoyment of
the property.
SEC. 4.00.630 The topography of the land and the effect of
the removal of the tree on erosion, soil retention and diversion
or increased flow of surface waters.
SEC. 4.00.640 The number of trees existing in the neighborhood
or improved property and the effect the removal would have on
the established standard of the area and the property values.
SEC. 4.00.650 The number of trees the particular parcel
can adequately support according to good forestry practices.
SECTION 2.
Section 18 -A -3 of the Zoning Ordinance of the Town of Los
Gatos is amended to read as follows:
SEC. 18 -A.3
ARCHITECTURE AND SITE APPROVAL
All uses in the HR zone are subject to architecture and
site approval.
SECTION 3.
Subdivision (i) of section 18 -A.6 of the Zoning Ordinance of
the Town of Los Gatos is amended to read as follows:
SEC. 18 - A.6 : DEVELOPMENT STANDARDS
i . Yard Depths
Front - - --------------- -mMinimum 30 feet
Side------- --- -- --- - - - - -- Minimum 20 feet
Rear ------------------- Minimum 25 feet
Side - corner lot--- - - - - -- Minimum 20 feet
Rear and side yard
accessory structures - Minimum 10 feet
SECTION 4.
Section 25.4 of the Zoning Ordinance of the Town of Los
Gatos is amended to read as follows:
SEC. 25.4 ACTION UPON APPLICATIONS
A. Applications for architecture and site approval may be granted,
denied or granted with conditions. The Architecture and Site
Committee determines applications concerning construction on
vacant property, exterior alterations to existing buildings,
and intensification of land use. (For the purposes of this
section 25.4,. the phrase "intensification of land use" refers
to all changes in use which require additional parking.) The
Planning Director determines applications when Committee
determination is not required.
B. The Committee shall schedule applications for architecture and
site approval for hearing at the earliest date the Committee's
business will permit, and shall give the applicant written
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notice of the hearing. The Planning Director shall
determine applications within a reasonable time.
C. The Committee may by a majority vote of the members
present, at any point in the hearing, refer an application
to the Planning Commission for determination. The Planning
Commission shall commence its hearing at its next regular
meeting which is at least two weeks after the date of
referral. The Director may refer any application which
he is required to determine to the Committee.
SECTION 5.
Section 29.1 of the Zoning Ordinance of the Town of Los Gatos
is amended to read as follows:
SEC. 29.1 APPLICATION
Applications for variances and conditional use permits,
including modifications of conditional use permits, shall be made
on forms prescribed by the Planning Director and filed with the
Planning Department. The Town Council may, by resolution, set
filing fees.
SECTION 6.
Section 29.1.1 of the Zoning Ordinance of the Town of Los
Gatos is amended to read as follows:
SEC. 29.1.1 CONDITIONAL USE MODIFICATION
A use authorized by conditional use permit shall not be
modified unless a modification to the permit is approved. The
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following changes in use are modifications:
a. Intensification of use. (By way of example, intensifi-
cations of use are evidenced by additions to seating
capacity or gross floor area, increases in parking
required - other than the requirement of increases
because of ordinance amendment - use of additional
land, or commencement of new activities.)
b. Any change that constitutes a substantial departure
from approved plans.
SECTION 7.
Sections 5.14, 6.14, 6 -1.14, 7.14, 1.0.14, 11.14, 12.13,
13.14, 14.17, 15.18, 16.21, 18 -A.10, 18- B.7(b), 19.20 and
24.18 of the Zoning Ordinance of the Town of Los Gatos are
repealed.
SECTION 8 .
This ordinance shall take effect and shall be in force
thirty (30) days after the date of its adoption. The Town
Clerk of the Town of Los Gatos shall cause this ordinance to
be publis�h.ed_ once within fifteen (15) days after its adoption,
in the Los Gatos Times - Saratoga Observer, a newspaper of general
circulation, published and circulated in the Town of Los Gatos.
The above and foregoing ordinance was duly and regularly
introduced at a regular meeting of the Town Council of the
Town of Los Gatos held on the 2nd day of September, 1975.
PASSED AND ADOPTED as an ordinance of the Town of Los Gatos,
California, at a regular meeting of the Town Council, held on
the 15th day of Se ptember, 1975:, by the following vote:
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AYES : COUNCILMEN Mark Bo D iDuca
John BB Loch
Albert B. Smith
Ruth Cannon
NOES: COUNCILMEN None
ABSENT: COUNCILMEN Egon Jensen
viteE
SIGNED: /MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK Q' THB T WN F L GATOS
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