13 Attachment 3 Draft Ordinance
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Ordinance November 7, 2023
ATTACHMENT 3
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING
TOWN CODE SECTION 19.20.010, “PARKS AND RECREATION - CREATED” AND
SECTION 26.10.070, “TREES AND SHRUBS – APPEALS” TO UPDATE REFERENCE TO
PARKS COMMISSION TO PARKS AND SUSTAINABILTY COMMISSION”
WHEREAS, Section 19.20.010, “Parks and Recreation – Created” and Section 26.10.070,
“Trees and Shrubs – Appeals” reference a “Parks Commisssion;” and
WHEREAS, the Town Council has voted to add Sustainability issues to the duties of the
“Parks Commission” and to rename it the “Parks and Sustainability Commission:” and
WHEREAS, the Town Council deems it necessary to amend Section 19.20.010, “Parks and
Recreation – Created” and Section 26.10.070, “Trees and Shrubs – Appeals” reference Parks
Commisssion, to update references to “Parks Commission” to “Parks and Sustainability
Commission” in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as
follows:
SECTION I. Section 19.20.010, “Parks and Recreation – Created,” of the Town Code is hereby
amended to read as follows:
Sec. 19.20.010. Created.
The Town Council shall establish a Parks and Sustainability Commission for the Town by
resolution.
(Ord. No. 2212, § I, 2-4-13)
SECTION II. Section 26.10.070, “Trees and Shrubs – Appeals” reference of the Town Code is
hereby amended to read as follows:
Sec. 26.10.070. Appeals.
(a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015,
and 26.10.060(a) and (c) (in instances involving trees located on private property only),
and 26.10.060(e), and 26.30.010 concerning notices to cut down, trim or remove a tree,
only, are appealable to the Parks and Sustainability Commission. Appeals shall be
commenced by filing a written notice of appeal with the Secretary of the Parks and
Sustainability Commission within ten (10) days after the property owner or possessor of
land is notified of the decision. The notice of appeal shall state the name and address of
the appellant, the location of the tree, including the street address of the property most
likely to assist in locating the tree if there is such address, a description sufficient to
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identify the tree, describe the specific action of the Director which is the subject of the
appeal, and state the grounds for the appeal.
(b) Determinations of the Parks and Sustainability Commission under the provisions of this
chapter, including determinations on appeal from decisions of the Director, are appealable
to the Town Council. Appeals shall be commenced by filing a written notice of appeal with
the Town Clerk within ten (10) days after the property owner or possessor of land is
notified of the decision. The notice of appeal shall state the name and address of the
appellant, shall describe the determination or decision appealed from, and shall state the
grounds for appeal.
(c) Any interested person may appeal.
(d) All appeals under the provisions of this chapter shall be determined after hearing by the
appellate body of all of the evidence concerning the determination from which the appeal
is taken.
( Ord. No. 2240, § I(Exh. A), 6-2-15 )
SECTION III. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance or its application to other persons
and circumstances. The Town Council of the Town of Los Gatos declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion
thereof despite the fact that any one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions
hereof are hereby declared to be severable.
SECTION IV. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section
15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential
to result in physical change in the environment, directly or indirectly. This Ordinance is also
exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is
no possibility that the Ordinance may have a significant effect on the environment.
SECTION V. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be
posted in three (3) prominent places in the Town of Los Gatos and shall cause this ordinance or
a summary thereof to be published in accordance with Section 36933 of the California
Government Code.
SECTION 5. EFFECTIVE DATE. This Ordinance was introduced at a regular meeting of the Town
Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the following
vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is
adopted.
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COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________