Item 02 - N40 SP Amendments - Addendum & Exhibit 9TOWN OF LOS GATOS ITEMN0:2
ADDENDUM PLANNING COMMISSION STAFF REPORT
Meeting Date: December 15, 2016
PREPARED BY:
SUBJECT:
LOCATION:
Joel Paulson, Community Development Director
maulson@losgatosca.gov
North 40 Specific Plan Amendments
The plan area comprises approximately 44 acres located at the
northern extent of the Town of Los Gatos, bordered by State Route 17
to the west, State Route 85 freeways to the north, Los Gatos Boulevard
to the east, and Lark Avenue to the south. APN 424-07-009, 010, 024
through 027, 031through037, 052 through 054, 060, 063 through 065,
070, 081 through 086, 090, 094 through 096, 099, 100, 102 through
112, 424-06-115, 116, and 129.
PROJECT SUMMARY: Consider potential amendments to the North 40 Specific Plan
SPECIFIC PLAN: The North 40 Specific Plan, adopted June 17, 2015, implements the
Town of Los Gatos General Plan and comprehensively plans for future
development in the Specific Plan Area. The Specific Plan Area has a
maximum development capacity of up to 270 housing units and
501,000 square feet of non-residential uses. Of the non-residential
uses, the maximum development capacities are up to 250,000 square
feet of office/hotel, and up to 400,000 square feet of other commercial
(such as retail, restaurants, specialty market, health clubs, personal
service, and entertainment). At least 30% of the area (approximately
13.2 acres) will be open space.
APPLICANT: Town of Los Gatos
PROPERTY OWNERS: Yuki Farms, ETPH LP, Grosvenor USA Limited, Summerhill N40
LLC, Dodson, Hirschman, Mattes, Ventura Trustee, Moisenco, Los
Gatos Medical Office Center LLC, Los Gatos Gateway LLC, Mbk
Enterprise, Connell, Gin, John & Allison Diep LLC, Bernal, Lg
Boulevard Holdings LLC, Polaris Navigation, Ew Real Estate LLC,
Lazaar Enterprises LLC, Kothary, and Swenson Trustee.
EXHIBITS: Previously received with December 15, 2016 Staff Report:
1. Location Map
2. Findings
3. October 27, 2016 General Plan Committee Memorandums and
attachments
4. October 27, 2016 General Plan Committee verbatim minutes
Planning Commission Staff Report-Page 2
North 40 Specific Plan Amendments
December 15, 2016
REMARKS:
5. November I 7, 20I6 General Plan Committee Memorandums and
attachments
6. November I7, 2016 General Plan Committee verbatim minutes
7. Potential amendments, based on General Plan Committee
discussion
8. Public comments received between I I :OI a.m. November I 7, 2016
and 11 :00 a.m. December 8, 2016
Received with this Addendum Rg>ort:
9. Potential amendments, based on General Plan Committee
discussion (Including Exhibits A and B)
A revised potential amendments exhibit is provided as Exhibit 9 . The revised exhibit
contains information regarding the General/Other category of suggestions.
Prepared by:
Sally Zarnowitz, AIA, LEED AP
Planning Manager
pproved by:
Joel Paulson, AICP
Community Development Director
N:\DEV\PC REPORTS\201 6\N40 SP Amendmen ts\N 40 SP Amendments Addendum 12-15-1 6.docx
General Plan Committee Discussion
Regarding Town Council Suggestions for
Potential Amendments to the Adopted North 40 Specific Plan
The Town Council suggestions for potential amendments to the adopted North 40 Specific
Plan with staff responses follow in italicized font. Staff recommendations for potential
amendments to Specific Plan sections follow in regular font, as a starting point for the
Planning Commission's consideration.
Residential
1. In the Lark perimeter 011erlay zone we should set a maximum density of eight units/acre.
This suggestion could be added to Section 2.5. 7 on page 2-15 as noted below. Staff is
concerned about the implementation of this suggestion because this will reduce the number
of units available to meet our Housing Element requirement of 13. 5 acres at 20 dwelling
. units per acre. To address this concern either the Housing Element would have to be
amended or additional changes would need to be made to the Specific Plan to allow an
increase to the current maximum number of residential units (270) equal to the number of
units that are approved at less than 20 dwelling units per acre.
2.5. 7 Perimeter Overlay Zone
The following standards apply within the Perimeter Overlay Zone:
a. J3uildings or portions of buildings located within 50 feet of Lark Avenue shall be
restricted to a maximwn building height of 25 feet.
b. Buildings or portions of buildings located within 50 feet of Los Gatos Boulevard
shall be restricted to a maximum building height of 25 feet.
c. Additional setback requirements are provided in Table 2-5 of this chapter.
d. No building shall be located witlrin 30 feet of a property line adjacent to the
freeway.
e. The maximum density for residential units in the Perimeter Overlay Zone along
Lark A venue is eight units per acre.
2. Housing units should be spread across aU three districts.
A member of the GPC made a recommendation on percentages to address distribution of the
residential units. This suggestion could be added to Section 2.5.1 on page 2-10 as noted
below.
The Planning Commission should discuss whether this is the appropriate approach and
whether these are the right percentages for each district. Another option is adding a new
Land Use Policy to page 2-2 that contains this langu.age.
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2.5.1 Maximum Development Capacity
A maximum development capacity of 501,000 square feet (st) has been provided to limit the
overall build-out of the Specific Plan Area and provide an appropriate balance of land uses
that meet the goals and objectives of the Specific Plan.
Table 2-2 defines maximums of 250,000 sf of new office/hotel, 400,000 sf of other new
commercial (includes: restaurants, retail, specialty market, health club, personal services and
entertainment), and 270 residential units.
More restrictive than the Town's General Plan, the Specific Plan has a maximum capacity of
501,000 sf which includes 435,000 sf of new non-residential square footage and 66,000 sf of
existing commercial uses.
The number of residential units shall not exceed: 40 percent in the Lark District; 30 percent
in the Transition District; and 30 percent in the Northern District.
Additionally, the potential changes below to the Table 2-1 on page 2-7 should be discussed by
the Planning Commission if there is a desire to allow all residential types in all three districts.
Table 2-1 Permitted Land Uses
Lark Transition Northern
Residential
a. Cottage cluster CUP £ £
b. Townhomes/ p p f
Garden cluster
c. Rowhouses p p f
d. Multi-family p p P2
e . Condominiums p p P2
f. Live/work lofts f p P2
Note:
1. Medical Office is only permitted on Assessor Parcel Numbers 424-07-102 through -112, 424-07-099, and 424-06-129.
2. Residential only allowed in Northern District when located above commercial.
3. Make sure that you somehow have a vision of how you 're spreading these units to make it
fit with the other uses and fit in the neighborhood idea.
The Town's Residential Design Guidelines note that existing neighborhoods vary widely,
reflecting the community's growth over time. For that reason, the intent is to respect the
scale and character of residential neighborhoods, with an emphasis on compatibility. The
Land Use and Development Standards, found in Chapter 2 of the North 40 Specific Plan, set
the parameters of new development to prescribe pedestrian-friendly residential architecture
that is compatible with existing single-family neighborhoods. Language could be added to
Suggestions
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Section 2. 7.3 to reinforce the requirement for more traditional architectural design as noted
below.
2.7.3 Residential Units
The Specific Plan Area should accommodate a mix of residential product types and sizes to
create the character of an authentic neighborhood rather than a typical development project.
The following standards sei parameters to guide future residential development that reflects
the traditional character of existing residential architecture. Also refer to the Residential
Design Guidelines in Chapter 3 of this Specific Plan.
Additionally, Tables 2-7 through 2-9 provide images illustrating the massing and character
of the residential product types. These images could be reviewed and modified to reinforce
consistency with the look and feel of Los Gatos.
4. Require smaller, more a.ffordable units.
Language currently exists in section 2. 7.3 on page 2-26 that references the Conceptual
Model of Residential Sizes table on page 6-14 in the Definitions section. Modifying this table
as illustrated in Item 5 below would result in smaller units that would generally be more
affordable than the larger units which are currently referenced in the table.
5. Only allow smaller units from 900 to 1,500 square feet.
The GPC recommended that this suggestion be modified to only allow units /Jetween 500 and
1,500 squtzrefeet. This suggestion could 1Je addressed IJy changing the table in the Glossary
on page 6-14 as noted below.
Conceptual Model of Residential Sizes Table
Types Net Unit Gross Unit Approx. Percent Approx.
Area Range Area Range Unit Range of Total Range Total Area
Cottage Cluster l,OOQ l,lQQ sf 40-50 20-25% 4Q,OOQ 6Q,ggg
(Detached Product) 500-1.200 20.000 -60,000
Garden Cluster -1;00G --1-,999 sf 40-50 20-25% 4(),ggg @,()()Q
~OQ -1,500 20,000-75,000
Townhomes, +;QOO--1;999 sf 130-140 30-40% 1ag,oog 28Q,QQQ
Rowhouses ~OQ -1,500 65.000 -210,00Q
Gross Unit Area
Total al0,000 404>,999
105.000 -345.000
Condos/ l,3QQ 1,3§9 sf 90 -110 25-30% 111,00Q 1§8,()QQ
Multi-Family 5QO -1.500 45.000 -165,000
Apartments/ 500 -750 sf 45-55 10 -15% 22,000 -42,000
Affordable
Maximum Units Allowed 364
Net Unit Area
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Total
Refer to definitions for Net Unit Area and Gross Unit Area.
1J9,999 ~90,099
77,000 -207.000
Note: 100% is not intended to be achieved by adding the example Percent of Total Range numbers, as it is not
required to use every residential product type listed in the table.
These changes would also necessitate changes to Section 2. 7.3 d . on page 2-26 below.
d. New residential shall be a maximum of:
• 400,000 345.000 gross square feet for Cottage Cluster, Garden Cluster,
Townhome and Rowhouse products
• 300,QQQ 207,000 net square feet for Condominium, Multi-Family, Apartments
and Affordable products
• These are maximums, not a goal
6. Reduce the maximum size of some of the units to 1, 700 square feet maximum to encourage
less expensive units.
The GPC 's recommendation on item 5 above conflicts with this suggestion because they
recommended a maximum of 1,500 square feet for residential units.
7. Apply the Town's BMP Ordinance requirements.
This is currently required in Section 2. 7.3 c . on page 2-26. Staff does not have any
additional suggestions for additional modifications.
8. Don't allow residential on Los Gatos Boulevard.
La.nguage could be added to section 2.5.7 on page 2-15 as noted below.
2.5. 7 Perimeter Overlay Zone
The following standards apply within the Perimeter Overlay Zone:
a. Buildings or portions of buildings located within 50 feet of Lark A venue shall be
restricted to a maximum building height of 25 feet.
b. Buildings or portions of buildings located within 50 feet of Los Gatos Boulevard
shall be restricted to a maximum building height of 25 feet.
c. Additional setback requirements are provided in Table 2-5 of this chapter.
d. No building shall be located within 30 feet of a property line adjacent to the
freeway.
e. The maximum density for residential units along Lark A venue is eight units per acre.
f. Residential is only allowed when located above commercial along Los Gatos Boulevard.
Alternatively, the note in item 11 below could be the only place where this is addressed.
Suggestions
Page5
9. Provilk senior housing at the ground leveL
Language could be added to section 2. 7.3 on page 2-26 to address th.is suggestion, below.
2. 7 .3 Residential Units
The Specific Plan Area should accommodate a mix of residential product types and sizes to
create the character of an authentic neighborhood rather then a typical development project.
The following standards set parameters to guide future residential development. Also refer to
the Residential Design Guidelines in Chapter 3 of this Specific Plan.
a. Residential units shall range in size. Refer to Residential Unit Size Mix in Glossary
(Chapter 6).
b . There shall be a maximum of 270 residential units. This is a maximum, not a goal, and
includes the affordable housing units required and the existing units.
c . Affordable housing (Below Market Price housing) requirements shall be met pursuant to
Town Code.
d. New residential shall be a maximum of: 400,000 gross square feet for Cottage Cluster,
Garden Cluster, Townhome and Rowhouse products, 300,000 net square feet for
Condominium, Multi-Family, Apartments and Affordable products. These are
maximums, not a goal
e. Single family detached units shall be a maximum of 1,200 square feet and be designed as
a cottage cluster product type as defined in Glossary (Chapter 6).
f. If age restricted housing is proposed, at grade accessible units and/or units that are
accessed via elevator. ramps, and lifts are encouraged.
I 0. Consilkr the possibility of moving the houses away from mghway 17 and putting
commercial in that area.
This suggestion related to the E!Rfor the Specific Plan regarding air quality concern:~. The
EIR noted that this concern would be addressed by new stricter air quality standards that
have already gone into effect. Section 2.5.7 on page 2-15 could be modified to increase the
buffer size highlighted below and/or prohibit residential uses in that area.
2.5. 7 Perimeter Overlay Zone ·
The following standards apply within the Perimeter Overlay Zone:
a. Buildings or portions of buildings located within 50 feet of Lark A venue shall be
restricted to a maximum building height of 25 feet.
b . Buildings or portions of buildings located within 50 feet of Los Gatos Boulevard
shall be restricted to a maximum building height of 25 feet.
c . Additional setback requirements are provided in Table 2-5 of this chapter.
Suggestions
Page6
d. No building shall be located within 30 feet of a property line adjacent to the
freeway.
e. The maximum density for residential units in the Perimeter Overlay Zone along Lark
A venue is eight units per acre.
f. Residential is only allowed when located above commercial along Los Gatos Boulevard.
11. Remove the Conditional Use Permit (CUP) requirement for cottage clusters.
Table 2-1 on page 2-7 could be modified to address this suggestion as noted below.
Table 2-1 Permitted Land Uses
Lark Transition Northern
Residential ~
a. Cottage ~ f f
cluster
b. Townhome p p f
sf Garden
cluster
c. Rowhouses p p :e.
d. Multi-p p Pi
family
e. Condomini p p Pi
urns
f. Live/work f p p~
lofts
Note:
1. Medical Office is only permitted on Assessor Parcel Numbers 424-07-102 through -112, 424-07-099, and 424-06-129.
2. Re.ff8ettlial 81'~ allewed ;,, ,\Te"6!tefw f)itJ9'81 whM '6Hled ahswi eswtwt81'8ial.
2. Residential is only allowed when located above commercial in the Perimeter Over/av Zone along Los Gatos Boulevard.
A change to Section 2.3.l on page 2-3 would also need to be modified as note d b elow.
2.3.1 LARK DISTRICT
Cottage cluster housing is generally characterized by detached cottages oriented onto
common greens asd y;iH ae eeasidered v;itB a CoBdit:iaBal Use Permit.
12. Increase the total number of residential units on the North 40.
If the suggestion in Item 1 above is implemented then the number of units avai(able to meet
our Housing Element requireme nt of 13.5 acres at 20 dwelling units per acre will b e
reduced. To address this concern eith er the Housing Ele ment would have to be amended or
this suggestion could be implemented to incr ease the current maximum number of reside ntial
units (270). Th e E!Rfor the Specific Plan considered 364 r es ide ntial units s o that is the
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Page7
maximum number of units that could be considered for any potential increase since we are
not doing.further environmental review for these potential amendments. Table 2-2 and
section 2.5.1 on page 2-10 could be modified to address this suggestion by providing a
recommendation on an increase to the highlighted numbers below.
2.5.1 Maximum Development Capacity
A maximum development capacity of 501,000 square feet (sf) has been provided to limit the
overall build-out of the Specific Plan Area a."ld provide an appropriate balance of land uses
that meet the goals and objectives of the Specific Plan.
Table 2-2 defines maximums of 250,000 sf of new office/hotel, 400,000 sf of other new
commercial (includes: restaurants, retail, specialty market, health club, personal services and
entertainment), and 270 residential units.
More restrictive than the Town's General Plan, the Specific Plan has a maximum capacity of
501,000 sf which includes 435,000 sf of new non-residential square footage and 66,000 sf of
existing commercial uses.
The number of residential units shall not exceed: 40 percent in the Lark District: 30 percent
in the Transition District; and 30 percent in the Northern District.
TABLE 2-2 MAXIMUM DEVELOPMENT CAPACITY
LAND USE UNITS Square Feet
RESIDENTIAL
OFFICE/HOTEL
COMMERCIAL
(EXCLUDING OFFICE/
HOTEL)
RESTAURANTS
RETAIL
SPECIALTY MARKET
HEALTH CLUB
PERSONALSERVICE
(BEAUTY SUPPLY, NAIL
SALON, ETC.)
ENTERTAINMENT
270* Refer to section 2.7.3
250,000
400,000
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Note: The new non-residential portion of the project shall include a mixture of commercial (shopping center),
and/or hotel, and/or stand-alone general office that does not create a significant unavoidable impact as a result
of the development. The total new square footage shall not exceed 435,000 square feet (sf). With the exception
of Assessor Parcel Numbers 424-07-102 through -112, 424-07-099, and 424-06-129, no new Medical Office
will be permitted. If destroyed, the existing buildings on the parcels referenced above are allowed to rebuild in
substantially the same manner as they existed before their destruction. The existing 66,000 sf of recently
constructed buildings on the parcels referenced above is in addition to the 435,000 sf of new non-residential
square footage. Each project shall provide a current traffic analysis demonstrating compliance with this
requirement.
Projects cannot exceed the maximum traffic capacity evaluated in the EIR
*Total number of units, includes existing units and Town required Below Market Price units. Action HOU-1.3
General Plan Density Bonus does not apply to the Specific Plan Area.
13. Is it possible for the Town to allow a developer to have a densit:y bonus if the developer
requests it, but not necessarily have those 13.5 acres in a certain location, i.e., spread
throughout the propert:y?
The distribution suggestions and recommendations outlined in Item 2 above address this
suggestion.
Commercial
1. The CUP requirements should be the same as downtown.
The GPC discussed making modifications regarding the following uses in Table 2-1 on page
2-7 as noted below.
TABLE 2-1 PERMITTED LAND USES
COMMERCIAL
FORMULA RETAIL
MARKET HALL/
SPECIALTY
RETAIL
LARK TRANSITION NORTHERN
P.CUP P.CUP
ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES FOR
CONSUMPTION ON PREMISES
IN CONJUNCTION
WITH A
RESTAURANT
RESTAURANT
PERSONAL
SERVICE
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2. Only allow commercial or mixed-use on Los Gatos Boulevard.
Language has been suggested to be added to section 2.5. 7 b. on page 2-15 to address this
suggestion (see Residential, Item 8, above)
3. Explore commercial uses in the La.rk District.
Table 2-1 on page 2-7 could be modified to address this suggestion.
TABLE 2-1 PERMITTED LAND USES
COMMERCIAL
FORMULA RETAIL
MARKETHALU
SPECIALTY
RETAIL
LARK TRANSITION NORTHERN
ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES FOR
CONSUMPTION ON PREMISES
IN
CONJUNCTION
WITH A
RESTAURANT
RESTAURANT
PERSONAL
SERVICE
4. Consider maximum square footages for commercial uses instead of CUPs.
This could be done in a number of ways. A GPC member offered a couple of way to address
this which included, but wasn 't limited to, including a distribution matrix with ranges,
recommending a maximum number of tenant spaces, and a maximum number of square feet
or num!Jer of tenants based on use type. Table 2-2 on page 2-10 {see Item 5 for existing
Table 2-2) could be modified to address this suggestion. Additionally, staff will provide the
Planning Commission a table, which was not included in the Specific Plan, as a starting
point for discussion.
A mem!Jer of the GPC also made a recommendation on percentages to address distribution
of commercial square footage. This suggestion could IJe added to Section 2.5.1 on page 2-10
as noted below.
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2.5.1 Maximum Development Capacity
A maximum development capacity of 501,000 square feet (sf) has been provided to limit the
overall build-out of the Specific Plan Area and provide an appropriate balance of land uses
that meet the goals and objectives of the Specific Plan.
Table 2-2 defines maximums of250,000 sf of new office/hotel, 400,000 sf of other new
commercial (includes: restaurants, retail, specialty market, health club, personal services and
entertainment), and 270 residential units.
More restrictive than the Town's General Plan, the Specific Plan has a maximum capacity of
501 ,000 sf which includes 435,000 sf of new non-residential square footage and 66,000 sf of
existing commercial uses .
The commercial square footage shall not exceed: 15 percent in the Lark District; 35 percent
in the Transition District; and 50 percent in the Northern District.
The number of residential units shall not exceed: 40 percent in the Lark District; 30 percent
in the Transition District; and 30 percent in the Northern District.
5. Consider a reduction in the amount of commercial square footage.
The GPC discussed separating Office and Hotel into individual categories, increasing the
Office and Hotel maximum square footage, and lowering the maximum square footage for
the general Commercial category. Table 2-2 and section 2.5.1 on page 2-10 could be
modified to address this suggestion as noted below.
TABLE 2-2 MAXIMUM DEVELOPMENT CAPACITY
LAND USE UNITS
RESIDENTIAL
OFFICE/HOTEL
HOTEL
COMMERCIAL
(EXCLUDING OFFICE/
HOTEL)
RESTAURANTS
RETAIL
SPECIALTY MARKET
HEALTH CLUB
PERSONALSERVICE
(BEAUTY SUPPLY, NAIL
SALON, ETC.)
ENTERTAINMENT
270*
Square Feet
Refer to section 2. 7 .3
~150 ,000
150,000
400350,000
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Note: The new non-residential portion of the project shall include a mixture of commercial
(shopping center), and/or hotel, and/or stand-alone general office that does not create a
significant unavoidable impact as a result of the development. The total new square footage
shall not exceed ~385 ,000 square feet (sf). With the exception of Assessor Parcel
Numbers 424-07-102 through-112, 424-07-099, and 424-06-129, no new Medical Office
will be permitted. If destroyed, the existing buildings on the parcels referenced above are
allowed to rebuild in substantially the same manner as they existed before their destruction.
The existing 66,000 sf of recently constructed buildings on the parcels referenced above is
in addition to the ~385 ,000 sf of new non-residential square footage. Each project shall
provide a current traffic analysis demonstrating compliance with this requirement.
Projects cannot exceed the maximum traffic capacity evaluated in the EIR
*Total number of units, includes existing units and Town required Below Market Price
units. Action HOU-1.3 General Plan Density Bonus does not apply to the Specific Plan
Area.
2.5.1 Maximum Development Capacity
A maximum development capacity of 501,000 square feet (sf) has been provided to limit the
overall build-out of the Specific Plan Area and provide an appropriate balance ofland uses
that meet the goals and objectives of the Specific Plan.
Table 2-2 defines maximums of 2-150 ,000 sf of new officeAiotel, 150,000 sf of new hotel.
and 400350,000 sf of other new commercial (includes: restaurants, retail, specialty market,
health club, personal services, and entertainment), and 270 residential units.
More restrictive than the Town's General Plan, the Specific Plan has a maximwn capacity of
501,000 sf which includes 435,000 sf of new non-residential square footage and 66,000 sf of
existing commercial uses.
The commercial square footage shall not exceed: 15 percent in the Lark District; 35 percent
in the Transition District; and 50 percent in the Northern District.
6. Address the commercial needs that have been previously identified: general merchandise,
building materials, and resident serving businesses defined as serving the north part of Los
Gatos and the North 40.
Existing commercial needs could be specifically identified in the Specific Plan, but these may
change over time. Another option may be to provide more language regarding the types of
uses that are envisioned for the Specific Plan area.
Policy LU4, LU6, and LUJ 1 on page 2-2 and Section 2.6.6 on page 2-24 could be modified
as noted below.
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Policy LU4: Maximum Commercial Development
Commercial development within the Specific Plan Area shall be complementary to
Downtown through the careful control of primarily neighborhood serving uses and permitted
square footage as set forth in the Maximum Development Capacity Table (refer to Table 2-
2.)
Policy LU6: Retail
Retail uses within the Specific Plan Area are intended to serve primarily North 40 residents,
adjacent neighborhoods, nearby employment centers and the unmet needs of the Town of Los
Gatos.
Policy LUl 1-Economic Balance
Proposed uses shealEl shall be primarily neighborhood serving and shall complement the
existing balance and diversity of businesses located along Los Gatos Boulevard and in
Downtown Los Gatos.
2.6.6 RETAIL TENANT SPACE SIZE
The Specific Plan allows for a mix of retail sizes, including smaller primarily neighborhood
serving stores that will support the new residential, as well as, larger space for commercial
uses, such as sit-down restaurants, specialty market, entertainment, and formula retail.
7. Consider reducing the total amount of commercial square footage with the goal of
addressing our unmet needs.
See comments and suggested changes in Item 5 and 6 above.
8. The intent of the Specific Plan was to protect downtown while providing neighborhood-
serving commercial and reducing retail sales tax leakage.
See comments and suggested changes in Item 5 and 6 above.
9. How do we make the commercial that's near residential be truly neighborhood serving and
not shoe stores and handbag stores that draw people away from downtown, and then how
do we get the other portion of it to be general merchandizing, again, without creating a
food court and a bunch of small stores with dress shops and so forth?
See suggested changes in Item 5 and 6 above. Additionally, the suggested changes in Item I
would require CUPs for many uses that are permitted uses in the Specific Plan which would
provide the Town with additional tools to address this suggestion.
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Open Space
1. The perimeter overlay zone should be larger.
1 'here Section 2. 5. 7 on page 2-15 could be modified to increase the buffer sizes highlighted
below.
2.5.7 Perimeter Overlay Zone
The following standards apply within the Perimeter Overlay Zone:
a. Buildings or portions of buildings located within 50 feet of Lark Avenue shall be
restricted to a maximum building height of 25 feet .
b . Buildings or portions of buildings located within 50 feet of Los Gatos Boulevard
shall be restricted to a maximum building height of 25 feet.
c. Additional setback requirements are provided in Table 2-5 of this chapter.
d . No building shall be located within 30 feet of a property line adjacent to the
freeway.
e. The maximum density for residential units in the Perimeter Overlay Zone along Lark
A venue is eight units per acre.
f. Residential is only allowed when located above commercial along Los Gatos Boulevard.
2. More open space should be required.
Section 2.5.4 on page 2-12 and Table 2-3 on page 2-12 could be modified to increase the
amount of open space required.
2.5.4 Open Space Standards
To ensure that adequate open space is integrated into future development in the Specific Plan
Area, a minimum of 30% of open space is required (Table 2-3). This 30% requirement
should be a variety of green-spaces and plaza spaces dispersed throughout the different
districts. By specifying minimum open space requirements/ standards, the Specific Plan
provides incentives for the commlidation of parking .into podium parking and parking
structures, minimizing at-grade parking, minimi zing road widths, and increasing pedestrian
spaces.
a. Open space _means a ground plane open and generally unobstructed from the ground
plane to the sky. Balconies, shade structures, and roof eaves may extend over a portion
of the open space. Open space includes both "green open space" and ''hardscape"
(plazas, courtyards, pathways, sidewalks, and pedestrian paseos). Plaz.as, courtyards,
and planters over podium parking or on roof decks also qualify as open space.
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b . To ensure the open space is distributed throughout the Specific Plan Area, a minimmn
of 30% open space shall be provided across the entire Specific Plan Area. The 30%
requirement shall be calculated for each application or group of applications.
c . The 30% open space requirement shall include a variety of green and plaza spaces with
a minimum of 20% being green space.
1. Green Space/Green Open Space: for purposes of this Specific Plan and calculating
open space requirements green space and green open space is grass or landscaped
areas. These can include but are not limited to parks, bioretention, common and
private residential green space, planters larger than 50 square feet, landscaped
planting strips, drivable turf-block, and parking lot landscaping. Trees planted in
tree wells shall not be calculated as part of the green space requirement.
ii. Hardscape: for purposes of this Specific Plan and calculating open space
requirements, hardscape refers to private or common paved areas for the use of
pedestrians including plazas, courtyards, pathways, sidewalks, and pedestrian
paseos. Roads and parking areas shall not be calculated as part of the open space or
hardscape requirement.
d. 20% of the 30% open space requirement shall be publicly accessible.
e. Every application for Architecture and Site Review shall include an exhibit(s) that shows
the open space and pedestrian network.
f. Remodels of existing structures along Los Gatos Boulevard that do not change more than
500/o of the existing footprint are exempt from the 30% open space requirement.
rahk' 2-J iVli11i111um 0pL'l1 Spa c e
R cq u i rc.:111c11 ts
.Open .Space
Ocsign:ltion
(Exe hading J>ar·ki ng
and J(oad.wavs) · ·.•· '
Green Open Space
Hardscape (Plazas/
courtyards/pathways/
sidewalks and pedestrian
peseos) and/or additional
green open &pace
Tomi Open Space
3. Have real open space.
:J,cfc~.nt .. ofSpccific
Plan ·Ar·b1
200/o Mimmum
Remainder of Required Open
Space
30%Minimum
Suggestions
Page 15
Section 2 . 5. 4 on page 2-12 above in Item number 2 cou.,ld be modified to address this
suggestion to require more green open space. Additionally, the definition of Green
Space/Green Open Space below could also be modified to limit what qualifies as green open
space.
GREEN SPACE/GREEN OPEN SPACE
For purposes of this Specific Plan and calculating open space requirements green space and
green open space is grass or landscaped areas. These can include but are not limited to parks,
bioretention, common and private residential green space, planters larger than 50 square feet,
landscaped planting strips, drivable turf-block, and parking lot landscaping. Trees planted in
tree wells shall not be calculated as part of the green space requirement.
A GPC member provided the following information from the EPA in New England:
Open space is any open piece of land that is undeveloped (has no buildings or other built
structures) and is accessible to the public. Open space can include:
• Green space (land that is partly or completely covered with grass, trees, shrubs, or other
vegetation). Green space includes parks, community gardens, and cemeteries.
• Schoolyards
• Playgrounds
• Public seating areas
• Public plazas
• Vacant lots
Open space provides recreational areas for residents and helps to enhance the beauty and
environmental quality of neighborhoods. But with this broad range of recreational sites
comes an equally broad range of environmental issues. Just as in any other land uses, the way
parks are managed can have good or bad environmental impacts, from pesticide runoff,
siltation from overused hiking and logging trails, and destruction of habitat.
4. Pub Uc f,ICcess easements shall be required for the open space.
Section 2.5.4 d. could be modified to address this suggestion as noted below.
d. 20% of the 30% open space requirement shall be publicly accessible and easements for
the publicly accessible open space shall be provided .
Suggestions
Page 16
Parking
1. Underground parking should be explored.
Language encouraging underground parking could be added to section 2.5.8 on page 2-16
could be modified to address this suggestion as noted below. Additionally, the Planning
Commission could consider recommending incentives for projects that provide underground
parking.
Parking Structures:
a . Maximum height of a parking structure shall not exceed maximum building height
requirements and shall be measured from the adjacent street grade, without restrictions on
the number of internal stories.
b. Setbacks shall be heavily landscaped in accordance with the Landscape Palette provided
in Chapter 3.
c. Parking structures fronting the Neighborhood Street shall be wrapped with commercial
space at the ground floor.
d . Parking structure facades visible from Primary Streets over 150 feet in length shall
incorporate at least one or more of the following:
• Differentiation of the ground floor from upper floors.
• Changes in architectural materials.
• Projecting forward or recessing back portions or elements of the parking structure
facade.
• Horizontal openings broken up with vertical columns to create a rhythm of openings
similar to a building with windows.
e. Underground parking is encouraged.
Suggestions
Page 17
Height
1. Increase the height to 45 feet, as long as there is more open space.
This was included in a previous version of the Specific Plan. The previous language that was
included is provided in Section 2.5.2 on page 2 -11 below for the Planning Commission's
consideration.
2.5.2 Building Height
a . The maximum height of any building, excluding affordable housing and hotel uses, is 35
feet with the following criteria:
i. Maximum building height shall be determined by the plumb vertical distance from the
natural or finished grade, whichever is lower and creates a lower profile, to the uppermost
point of the roof edge, wall, parapet, mansard, or other point directly above that grade.
For portions of a structure located directly above a cellar, the height measurement for that
portion of the structure shall be measured as the plumb vertical distance from the existing
natural grade to the uppermost point of the structure directly over that point in the
existing natural grade. No point of the roof or other structural element within the exterior
perimeter of the structure shall extend beyond the plane established by the maximum
height plane. Maximum building height includes all elements and height exceptions are
not permitted within the Specific Plan Area.
11. Lark District -15% of the overall development provided (building footprint) within the
Lark District shall be structw'es of a maximum of two-stories with a 25 foot maximum
height. The majority of this requirement may be provided within the Perimeter Overlay
Zone (refer to Section 2.5.7). Every application for Architecture and Site Review shall
include a table that identifies the following:
• Total building footprint square footage withiil the Lark District existing at the
time of the application submittal.
• Percent of total building footprint square footage located within the Lark District
currently satisfying the 15% height requirement at the time of submittal.
iii. An increased height up to 45 feet is allowed in the Transition and Northern District if the
project provides an additional 5% green open space.
2. Reduce the height of the residential to 25 feet.
Section 2.5.2 a. ii. on page 2-11 above could be modified to address this suggestion and
require more than the existing 15% of the residential in the Lark District to be a maximum
height of25 feet.
Suggestions
Page 18
General/Other
1. "Shalls" should replace "shoulds."
The Specific Plan contains both development regulations and design guidelines. Mandatory
regulations are denoted by the use of the word "shall." A guideline, which is denoted by the
use of the word "should, " is not mandatory, but is encouraged with some discretion by staff,
the Planning Commission, and the Town Council.
Staff has compiled the instances in the Specific Plan where "should" is used That document
is included as Exhibit A .
The GPC recommended that these items be reviewed so that the where appropriate the
"shoulds" should be replaced with "shalls" to create additional objective standards that
reinforce the Vision and Guiding Principles of the Specific Plan.
2. Confirm that the Guiding Principles in the Specific Plan is mandatory language rather
than permissive language.
In addition to the changing "shoulds" to "shalls" as discussed in Item 1 above additional
standards or guidelines could be added to the plan or existing Specific Plan language could
be modified regarding topics such as hillside view preservation. An existing policy and
guideline are provided below.
Policy 01: View Preservation
Promote and protect views of hillsides and scenic resources.
3.2.1 Site Planning and Design
d. Natural sunlight and views should be considered when siting buildings and landscaped
open spaces.
3.2.6 Building Elements and Articulation
e . Projects located on corner parcels at signalized intersections along Lark Avenue and Los
Gatos Boulevard should incorporate major design features on the intersection comer.
i. Buildings located at these comer locations are strongly encouraged to frame and front
onto intersections. Special care shall be taken to avoid obstructing views to the
surrounding hills.
Additional Specific Plan language could also be added or the photo examples could be
modified to address topics such as look and feel.
3. Require a plan for the enti.re Specific Plan area.
The GPC did not recommend considering this suggestion.
Suggestions
Page 19
4. Preserve existing live oak trees.
The GPC requested that the existing Tree Protection Ordinance be provided to the Planning
Commission. It is included as Exhibit B. The GPC also recommended that language to
preserve native trees be co-nsidered. The following language could be added to the Specific
Plan.
Existing native trees should be preserved. where feasible.
5. Consider widening Los Gatos Boulevard.
The GPC did not recommend considering this suggestion.
6. Try to acquire some land for a park or community pooL
The GPC did not recommend considering this suggestion.
7. Consider making the Town Council the deciding body for applications.
The GPC did not recommend considering this suggestion.
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Instances where "should" appears in the North 40 Specific Plan
2. Land Use and Development Standards
This chapter provides direction for future development within the Specific Plan Area through
regulatory tools. These tools will help achieve the overall North 40 Specific Plan vision and,
more specifically, provide refined direction for the types of uses that should occur and how these
uses will be allowed to develop. The Specific Plan accommodates a range of pedestrian-oriented
commercial, residential, and hospitality uses while establishing associated development
standards to create an inviting, walkable neighborhood. The overarching goals are to ensure
future development is compatible with surrounding areas, complements Downtown Los Gatos,
and contributes to the small town charm of Los Gatos. The Specific Plan Area development is
intended to result in a mixed-use neighborhood that supports the nearby residential
neighborhoods, adjacent businesses, hospitals, and offices, as well as, on-site residents.
Policy LU8: Hotel/Conference Facilities
A hotel facility developed within the North 40 Specific Plan Area should include a
conference/meeting space to accommodate 200 to 250 people.
Policy LU11-Economic Balance
Proposed uses should complement the existing balance and diversity of businesses located along
Los Gatos Boulevard and in Downtown Los Gatos.
2.5.4 Open Space Standards
To ensure that adequate open space is integrated into future development in the Specific Plan
Area, a minimum of 30% of open space is required {Table 2-3). This 30% requirement should be
a variety of green-spaces and plaza spaces dispersed throughout the different districts. By
specifying minimum open space requirements/ standards, the Specific Plan provides incentiv es
for the consolidation of parking into podium parking and parking structures, minimizing at-grade
parking, minimizing road widths, and increasing pedestrian spaces.
2.5.S Types o f Open Space
a. Plazas/Paseos/Pathways
Plazas, paseos, and pathways create vibrant pedestrian-oriented spaces linking the residential
and commercial neighborhoods with adjacent uses, parks, and streets. 1broughout the
Specific Plan Area, plazas, paseos, and pathways will be incorporated to accommodate
different types of activities. These neighborhood gathering spaces shall serv~ to e stablish a
sense of place and identity.
In the Transition and Northern Districts, plazas, paseos, and pathways can provide space for
private outdoor dining, events, and street side entertainment. They should be well-designed,
providing ongoing opportunities for human activities that create an interactive environment,
·build a sense of community, and create opportunities for social interaction. Paseos shall be
provided to link public parking and the street environment and residential projects with
adjacent streets and plazas/parks. Amenities in plazas and paseos may include:
EXHIBIT A
• Flexible spaces for outdoor dining and gathering
• Well-lit spaces, pedestrian oriented lighting, bollards, and wall-mounted lights
• Articulated edges that create interesting nodes and gathering spaces
• Sitting areas
• Water feature( s)
• Landscaping
• Safe and convenient connections to adjacent uses
• Public art
• Special paving: decorative pavers, decomposed granite, cobblestone
• Focal points such as architectural structures, sculptures, and fountains
• Multi-modal linkages
In the Lark District the pathways will provide connections between common areas and
pocket parks and links to the streets and the neighborhood commercial areas in the Transition
District. These pathways should provide safe and convenient access as well as an amenity to
the neighborhood.
b . Perimeter Buffer/Perimeter Overlay Zone (refer to Section 2.5.6)
t. The perimeter of the site is intended to emphasize the character and heritage of Los
Gatos. Large trees and shrubs will surround the Specific Plan Area on the north and west
sides (refer to Landscape Palette in Chapter 3), creating a natural buffer between future
development and Highways 17 and 85. The buffer should also provide an opportunity to
incorporate walking paths and sitting areas for passive recreation.
d. Orchard Planting
Orchards are an integral part of the Specific Plan Area and reflect the historic character of
Los Gatos. Both Los Gatos Boulevard and Lark A venue shall contain a landscape buffer
planted with orchard trees identified within the Landscape Palette provided in Chapter 3.
Streets, parking lots, pocket parks, plazas, and paseos should also be considered as an
opportunity to integrate an orchard feel.
2.7.3 Residential Units
The Specific Plan Area should accommodate a mix of residential product types and sizes to
create the character of an authentic neighborhood rather than a typical development project. The
following standards set parameters to guide future residential development. Also refer to the
Residential Design Guidelines in Chapter 3 of this Specific Plan.
Policy DG7: Historic Character
Design the architecture and landscape to reflect the historic and agricultural heritage of the site
and the Town of Los Gatos. The HPC should work with applicants on their individual
applications to determine how the agrarian feel of the Specific Plan Area is integrated into the
development. The existing red barn should be retained as much as salvageable.
3.2.1 Site Planning and Design
a. Buildings should be placed close to, and oriented toward, the street. Prominent architectural
features should be located near comers and intersections.
b . Plazas, fountains, public art, and vertical building features should be used to create focal
points and identity, if feasible.
c. Functional and aesthetic vehicular and pedestrian connections to adjacent sites should be
considered during site plan development.
d. Natural sunlight and views should be considered when siting buildings and landscaped open
spaces.
3.2.2 Outdoor Spaces
a. Outdoor space should be designed as a purposeful and recognizable area that reflects careful
planning and should not be a result of "left over" areas between structures. Defined outdoor
spaces should be incorporated into the overall building and project design.
b. Pedestrian-oriented squares, courtyards, arcades, atriums, verandas, balconies, and roof
terraces, should be strategically placed and designed to encourage day and/or night use in the
most desirable locations.
c. Site amenities, such as benches, drinking fountains, provisions for bicycles, water features,
and public art, should be utilized and should complement the project's architectural
character.
d. Pedestrian links should be provided between buildings, common open spaces, and parking
areas and should be visually enhanced through the use oflandscaping or trellis features,
lighting, walls, and/or distinctive paving.
e . Shade trees that provide relief from the sun should be incorporated within COIIil'ilOn outdoor
spaces.
g. Generally, public/common space should satisfy the following criteria:
• Provide areas for informal meetings and social interaction or areas for passive and active
uses as appropriate.
• Be accessible to residents.
• Provide a strong image and sense of place.
• Be a part of the pedestrian linkage throughout the development and adjacent land uses to
create an interconnected open space system.
• Provide an overall theme and visual connection between spaces and uses within the
development.
• Include areas of various sizes and configurations throughout the development.
• Be designed or located to ensure that it is usable year-round by providing areas that have
awnings, wind breaks, sun shade, and/or landscaping that can provide shelter from the
elements.
• Create a pleasant pedestrian environment.
• Support commercial retail activity.
3.2.3 Parking Lot Design and Screening
a. The physical and visual impact of parking should be minimized.
c. Reciprocal access between adjacent parking areas should be provided where feasible so that
vehicles are not required to enter the street in order to move from one area to another on the
same or adjacent sites.
e. Parking lot edges at property or setback lines should include landscape islands with large
species trees and low plants to visually break up long lines of parked vehicles.
f. Pass-through pedestrian walkways from rear parking lots may be required at the discretion of
the deciding body. Pass-throughs should include landscaping, trellises, lighting, and other
elements that enrich the pedestrian experience.
3.2.4 Architectural Style
b. Proposals for new commercial structures should be developed within the context of Los
Gatos' heritage, and the historic and agricultural heritage of the site.
d. The use of corporate "chain" architecture detracts from the unique character of the
community and is strongly discouraged. Corporate tenants should design their buildings to fit
the scale and character of the community.
3.2.5 Building Form
a. Exterior wall planes should be varied in depth and/or direction. Desirable massing ~ncludes:
• Variation in the wall plane (projecting and recessing elements).
• Variation in wall height.
• Roofs containing different forms and located at different levels.
e. Similar to the area designated as a C-2 Zone in the Zoning Ordinance, commercial areas
should be designed with the following design principles in mind:
• Maintain and enhance the pedestrian orientation
• Maintain retail and visual continuity
• Maintain and encourage diversity
• Provide for visual interest and richness
• Keep signs subdued in recognition of the strong pedestrian orientation of the street
3.2.6 Building Elements and Articulation
b. Provide a unified desi gn around all sides of buildings.
ii. Where continuity of design is difficult to achieve, substantial landscaping should be
provided to screen the area.
e. Projects located on comer parcels at signalized intersections along Lark Avenue and Los
Gatos Boulevard should incorporate major design features on the intersection comer.
iii. All comers should have special landscaping incorporating flowering plants.
J. Emphasfae display windows and storefront entries.
ii. Traditional storefronts with bulkheads below the windows and glass on both the street
front and the sides of vestibules are desirable. However, larger and more contemporary
display windows are also acceptable, but should have some solid base at least 12 inches
high between the bottom of the window and the paving below.
n . Display windows should be used as display windows only and not covered up from the
inside.
o . Operable windows and french doors are encouraged for restaurants and coffee cafes.
1. Window types and proportions should be complementary to the architecture and design of
the facade.
3.2.7 Utility Elements
a. Any outdoor equipment, whether on a roof, side of a structure, or the ground should be
appropriately screened from view. The method of screening should be architecturally
integrated with the adjacent structure in terms of materials, color, shape, and size.
b. Utility service areas, such as electrical panels, should be placed within enclosures that are
architecturally integrated into the building design.
c. Access for fire apparatus should be part of the planning process and every attempt should he
made to work with the fire department to locate and/or screen the apparatus so as not to
disrupt the visual integrity of a project.
d. Drainage should be directed to permeable areas such as yards, open channels, or vegetated
areas, avoiding discharge to roads and minimizing discharge to the storm drain system.
e. Lighting levels of outdoor lighting should not draw attention to the light source. The intensity
level of light as measured in footcandles, and the type of bulb or source should be carefully
addressed.
f. Spotlighting or glare from any site lighting should be shielded from adjacent properties and
directed at a specific object or target area.
g . Exposed bulbs should not be used. Cut-off lighting is required.
h . Parking lot light standards should not exceed a 20 foot maximum mounting height.
J. Vehicle sight distances should be considered when selecting and placing landscaping,
fencing, and signage.
k. Integrate the screening for all trash and service areas into the design of the buildings.
i. During the Architecture and Site application process, the placement of trash and service
areas should be shown on the plans. Locate trash and service areas away from residential
uses to avoid odor and noise conflicts.
vi. Trash enclosures in commercial areas should be covered and connected to the Sanitary
Sewer System to meet Town water quality requirements.
1. Provide visual buffering of on-site utility elements.
i. Locate transformers, valves and similar elements where they will be least visible from
public views and rights-of-way. If not possible, these elements should be placed
underground or, at a minimum, screened from view with walls and landscaping that relate
to the remainder of the project.
3.2.9 Project Landscape and Hardscape
a. All projects shall be well landscaped.
i . Landscaping should relate to existing landscape treatments along the adjacent street fronts.
ii. Smaller landscaping (e.g., planter pots, window boxes) are used often within the Town to
provide smaller scale elements close to the pedestrian, and should be included within
commercial projects whenever possible.
iii. Landscaping should have form and substance to define edges and paths, to provide visual
focal points, and to buffer less desirable views (e.g., less finished facades facing public
ways or residences.)
d . Integrate landscape elements that reflect the orchard heritage of the area. Where portions of
the existing orchards are to be retained, the applicant should work with an arborist and the
Historic Preservation Committee to determine if original trees could be retained or if they
should be replanted.
f . Landscape areas should be provided between the sound wall and the highway. Details of the
soundwall and landscaping shall be provided during the Architecture and Site Review
approval process. Gate( s) shall be provided in the soundwall to access the landscape area
adjacent to the highway for maintenance purposes.
3.2.10 Sustainability Guidelines
d. Non-structural Best Management Practices (BMP's) should be used unless they are infeasible
in which case the infeasibility should be documented and structural BMP' s implemented.
f. Site development should comply with all applicable Regional Water Quality Control Board
and Santa Clara County regulations for water quality and quantity.
3.3 RESIDENTIAL DESIGN GUIDELINES
Residential products should be designed to meet the unmet needs of the community and provide
a mix of market rate and affordable housing in a multi-family setting. The following guidelines
apply to the following residential product types:
• Cottage Cluster
• Townhomes/Garden Cluster
• Rowhcmses
• Multi~family
• Condominium
• Live/Work Loft
3.3.2 Parking Design and Screening
d. Below grade parking is encouraged with entries placed at the rear or sides of the structures
whenever possible. They should be recessed as much as possible from the building fa9ade, -
especially where security gates are used at the garage entry.
e. Podium garages should not extend more than six feet above grade along 'A' Street,
Neighborhood Street, Noddin Avenue, Burton Road or common open spaces of pedestrian
walkways unless fully screened by building walls with decorative treatment and detail.
f. Projects constructed on top of parking podiums should take special care to provide design
elements to minimize the hard edge of the parking podium. Decks extending beyond the
podium edge and varied setbacks for the residential uruts are just two ways of approaching
t.h.is issue.
1. Guest parking should be distributed throughout the development.
j. Entry driveways should have strong landscaped oogcs with terminus view focused on
landscaped areas or building entries, not parked cars.
k. The edges of any garage structure and vents into the garage vi sible above grade should be
screened with evergreen plant materials. Earth berms and other techniques to tie the top of
the garage structure into the surrounding grade level should be utilized.
1. Garages and parking areas should be located to minimize the visual impact on the street.
m. When viewed from the street, garages should be subordinate to the main living area. Where
possible, the garage should be .recessed behind the dwelling unit and not located between the
main living area and the street. ·
n. Garage doors should be recessed into, rather than flush with, the exterior wall.
o. Detached garages and accessory structures should be designed as an integral part of the
architecture of the project and should be similar in materials, color, and detail to the principal
structures of a development.
p . Garage doors should feature windows, recesses, and moldings to help blend the garages with
the character of the unit.
r. Detached garages and accessory structures should incorporate roof slopes and materials
similar to the principal structures of a development. Flat roofs are discouraged.
3.3.3 Common Open Space
a . Residents of housing developments should hav e safe, efficient, and convenient access to
usable open space, whether public or private, for recreation and social activities.
b. Convenient access to common open space and adjacent mixed-use development should be
incorporated into the project by way of pedestrian pathways and b i cycle access.
c . Open space should focus on areas that are usable to the residents and not merely remainder
parcels with marginal utility.
3.3.4 Private Open Space
b. Private open space should be easily accessible -physically and visually -from individual
units.
3.3.6 Building Form and Articulation
d . Structures should be varied in height, size, proportions, orientation and roof lines.
g. Elevations should be mixed within a development to avoid repetition of identical facades and
roof lines.
p. Structures should include building articulation, changes in materials or textures, or other
architectural features such as:
• Horizontal and vertical wall plane changes
• Varied roof forms and orientations
• Bay windows
• Roof dormers
• Material and color changes
• Applied decorative features
• Roof segments over windows
• Metal or wood balcony railings
• Planter boxes and plant rings
q. Window articulation, such as sills, trim, kickers, shutters, or awnings, should be applied,
where appropriate to the architectural style, to improve the facade of the building.
r. Any faux shutters should be proportionate to the adjacent windows to create the appearance
of real and functional shutters.
s. Material changes should occur at a change in plane where the changes tend to appear
·substantial and integral to the structure, preferably at an inside comer. Material changes not
occurring at a change in plane appear ''tacked-on" and should be avoided.
3.3.7 Utility Elements
a. Any outdoor equipment, whether on a roof, side of a structure, or the ground should be
appropriately screened from view. The method of screening should be architecturally
integrated with the adjacent structure in tenns of materials, color, shape, and size.
b. Utility service areas, such as electrical panels, should be placed within enclosures that are
architecturally integrated into the building design.
c. Utility equipment should be screened with solid masonry walls, berms, and/or landscaping.
d. Transformers required to be installed adjacent to the street should be placed underground,
where feasible.
e. Satellite dishes should not be mounted on the roof or be visible from the street, where
feasible.
f. Access for fire apparatus should be part of the planning process so as not to disrupt the visual
integrity of a project.
g. Gutters and downspouts on the exterior of the building should be decorative or designed to
integrate with the building facade .
h. Drainage should be directed to penneable areas such as yards, open channels, or vegetated
areas, avoiding discharge to roads and minirrJzing discharge to the storm drain system.
i. Common mailbox enclosures should be designed to be similar in form, materials, and color
to the surrounding buildings.
k. At least half of the trash and recycling area should be dedicated to recycling containers.
m. Trash and recycling enclosure should be consistent with the design of the project and the
building architecture. Similar or the same materials should be used on the enclosure as those
on the surrounding buildings. Architecturally designed roof structures should be used to
create a finished looking structure.
n. A pedestrian entrance to the trash and recycling enclosure should be provided to minimize
opening of large access gates.
o . Trash and recycling enclosures should be separated from adjacent parking stalls by a
minimum three-foot wide planter with low-growing plant materials to ensure that adequate
space is available for passengers to access a vehicle in an adjacent parking space.
p. Drainage from adjoining roof and pavement should be diverted around the trash and
recycling area.
q. Lighting levels of outdoor lighting should not draw attention to the light source. The intensity
level of light as measured in footcandles , and the type of bulb or source should be carefully
addressed.
r . Spotlighting or glare from any site lighting should be shielded from adjacent properties and
directed at a specific object or target area.
s . Exposed bulbs should not be used. Cut-off lighting is required.
t. Pedestrian lights should not exceed a 15 foot maximlllll mounting height.
3.3.8 Sustainability Guidelines
d. Non-structural Best Management Practices (BMP 's) should be used unless they are infeasible
in which case the infeasibility shall be documented and structural BMP' s implemented.
f. Site development should comply with all applicable Regional Water Quality Control Board
and Santa Clara County regulations for water quality and quantity.
3.4 NEIGHBORHOOD I DENTI TY
The Specific Plan Area is a unique site within the Town of Los Gatos, and within the region. By
utilizing quality signage, architecture, and identity elements, the Specific Plan Area can:
1. Create a gateway statement for Northern Los Gatos .
2 . Incorporate architectural, landscape, and signage elements to unify the Specific Plan Area as
a new neighborhood with its own identity while complementing the existing Town character
and charm.
3. Connect this part of Los Gatos to the rest of town.
4. Reflect the agricultural history of the site.
In addition to signs and wayfinding elements, the Specific Plan Area should be treated with a
unique image, or "brand," appropriate to its history and relationship to the Los Gatos
community. Together, signage, architectural, landscape and urban design elements can all
contribute to branding the Specific Plan Area neighborhood. Branding elements include building
materials and forms, trees and landscape treatments, street lights, benches, trash cans, planters,
walls, and signage.
3.4.1 Specific Plan Area Inspiration
The Specific Plan Area brand and neighborhood identity elements should draw from authentic
materials and patterns of Los Gatos and the agricultural history of the site. These include natural
stacked stone walls, vines and plantings on walls, orchards, wrought iron gates, wood ranch style
gates, and barn material and forms. Combining elements that reflect the history and character of
Los Gatos and the site is key to creating. the Specific Plan Area identity.
Neighborhood identity should also be reinforced along Los Gatos Boulevard with sculptural,
topiary, or other landscape treatments. The Los Gatos Boulevard frontage, orchestrated with
attractive patterns and rhythms of materials and elements, creates a dual opportunity of
identifying the Specific Plan Area neighborhood and creating a welcoming new gateway into the
Town. Similar materials and elements should be strategically integrated within the site, along
with interpretive signage that celebrates the history of the land to add additional rich layers of
meaning for visitors and residents.
3.4.2 Street Furnishings
Street furnishings can be a strong unifying element for a neighborhood or area. Street furnishings
should be provided along the streets and within plazas and paseos throughout the Specific Plan
Area and along Los Gatos Boulevard and Lark Avenue frontages. Consistent lighting, benches,
waste receptacles, bicycle racks, and tree grates should be installed throughout the Specific Plan
Area to help give the neighborhood a unified feel and avoid the appearance of a piecemeal
approach to the design.
3.4.3 Streetscape Landscaping
Planting strips and street trees add to a neighborhood's identity and make an important
contribution to the appearance of an area. There are a number of trees that have been identified in
the following table as appropriate in key locations within the Specific Plan area. Tree planting
and placement shall maximize the health and viability of the tree while avoiding damage to the
sidewalk, curb, and gutter.
Street tree spacing should be determined by the expected mature size of the tree. Generally, trees
should be planted with the following spacing:
a. Small trees ( <20 feet crown width at maturity) should be planted approximately 15 feet on
center.
b. Medium sized trees (20 to 35 feet crown width at maturity) should be planted approximately
25 feet on center.
c. Large trees (>35 feet crown width at maturity) should be planted approximately 35 feet on
center.
d. Generally, trees with narrow crowns (less than 20 feet at maturity) should be planted at closer
spacing while trees which normally develop broad crowns (> 40 feet at maturity) should be
afforded wider spacing (e .. g., 40 to 50 feet on center).
3.SSIGNAGE
Signage is a key component of forming the neighborhood identity. hnplementing these Signage
Guidelines for the Specific Plan Area neighborhood will help to realize the General Plan Land
Use Element's vision of high-quality architecture and design that reflects the rural and
agricultural history of the site. All signage within the Specific Plan Area shall conform to the
following guidelines, as well as, the regulations provided within Chapter 2 of this document.
A sign program will be developed as an effective method to establish a unique identity to the
Specific Plan Area and adjacent neighborhoods. The sign program should include, but not be
limited to, gateways, directional sign.age, parking signs, street signs, directories (kiosks), and
banners.
3.5.1 Specific Plan Area Entry Features and Identity Signage
The four primary entries into the Specific Plan Area are Lark A venue at 'A' Street and
Neighborhood Street, Noddin A venue, and Burton Road at Los Gatos Boulevard.
These four entry locations should be designed with elements that unify the Specific Plan Area
with the Town of Los Gatos, while at the same time are designed to reflect the desired identity
and character of the Specific Plan Area. Entries should have a combination of accent features
including landscaping, trees, architectural features, signage, and/or enhanced paving.
Since the Specific Plan Area is striving to be an extension of the adjacent neighborhoods and not
a typical strip commercial center or residential project, the approach to the entry treatments and
signage should be customized to reflect this unique new mixed-use neighborhood.
Entry sign.age at these locations should include authentic materials -stone, metal and/or wood in
a creative and timeless style. Additional sign.age requirements are provided in Chapter 2 of this
document. Applicants should also refer to Division 3 of the Zoning Ordinance. The guidelines in
this chapter supplement the Sign Ordinance and are intended to provide more detail in regard to
good signage design principles and community expectations.
3.5.5 Wall Signs
e . Exterior illuminated signs should utilize shielded spot lights.
h. Sign height and width should be appropriate to the building on which it is placed and the
distance of the sign from fronting streets.
3.5. 7 Window Signs
b . Window signs should be limited to a maximum of 25% of any individual window.
3.5.9 Hanging Signs
d. Orient hanging signs to pedestrian traffic.
u. If multiple hanging signs are placed along a business frontage, they should all be
mounted with their bottom edge the same distance above the sidewalk.
3.5.10 Plaque Signs
b. Limit the location and size of plaque signs. Locate signs only on wall surfaces adjacent to
tenant entries or entry passageways to off-street courtyards. Signs identifying a single
business should be limited to an area of four square feet. Directory signs for the identification
of multiple second floor or courtyard tenants may be larger, but no more than eight square
feet in area.
c. Use plaque signs for the display of restaurant menus. Menu signs or boxes should not exceed
six square feet in area, and should have internal or indirect lighting (e.g., bulbs located in the
frame to cast direct light over the menu surface) or direct lighting using decorative fixtures.
3.5.11 Ground Signs (Monument Signs)
b. Limit the information on each sign. Ground sign information should generally be limited to
the following information:
i. Project or primary business identification name and/or logos.
ii. Address number (strongly encouraged).
iii. Types of uses or names of businesses located interior to the Specific Plan Area.
4.5 STREETSCAPE DESIGN
Carefully designed and implemented streetscape improvements will enhance the pedestrian
experience within the Specific Plan Area and encourage pedestrian activity and movement
throughout. Sidewalks will be improved with amenities such as street trees, furnishings,
pedestrian scale lighting, curb extensions at intersections and specialized crosswalk paving. Curb
extensions, also known as "bulbouts", at key locations will help minimize pedestrian crossing
time and increase safety. Accent paving at crosswalks will emphasize pedestrian ways and add
visual appeal as well as help slow automobiles. Special paving can also be employed to
distinguish areas within the sidewalk or at building entries.
To create a pedestrian scaled street environment, storefronts in the commercial zones should be
sited close to the street to better define the street edge. A continuous storefront experience and
attractive walkways will maximize the quality of the pedestrian environment. Some vatjation in
front setbacks is encouraged to allow for outdoor dining opportunities -bringing interest and
activity to the street edge.
Streetscape amenities will help define and unify the neighborhood identity along Los Gatos
Boulevard, Lark A venue, and within the Specific Plan Area (refer to Neighborhood Identity
section in Chapter 3).
4.6 INTERSECTION IMPROVEMENTS
The following intersection improvement recommendations are important to ensure an efficient
flow of traffic on Lark A venue, Los Gatos Boulevard, through the Specific Plan Area and for
access to and from the Specific Plan Area.
The Los Gatos Boulevard/Samaritan Drive/Burton Road intersection should be improved by the
first project developer within the Northern District of the Specific Plan Area. The improvements
should include:
• Conversion of the existing eastbound lane on Burton Road to a through/left tum lane.
• Addition of one dedicated eastbound left turn lane and one eastbound right turn lane on
Burton Road at Los Gatos Boulevard (including widening Burton Road for about 200 feet
west from Los Gatos Boulevard).
The Noddin A venue access point will provide right-in and right-out access to Los Gatos
Boulevard and left-in access for turning left from Los Gatos Boulevard to Noddin A venue and
left to Terreno De Flores. A new signalized intersection should be located approximately mid-
way between Noddin Avenue and Bennett Way at the intersection of Los Gatos Boulevard/
Neighborhood Street. The following off-site intersection improvements shall be completed at the
Los Gatos Boulevard/Lark A venue intersection by the first project developer:
• Addition of a third eastbound left turn lane on Lark A venue.
• Addition of third northbound left turn lane on Los Gatos Boulevard.
• Addition of a third westbound lane on Lark A venue, which will operate as a second right
turn lane for the State Route 17 on-ramp.
• Modification and re-striping of intersection and restriction of parking as needed.
4.7 TRAFFIC CALMING ELEMENTS
Traffic calming measures are aimed at reducing traffic speeds and increasing pedestrian
connectivity. Some traffic calming elements proposed in the Specific Plan Area include bulbouts,
narrow street sections, street trees and planting strips, accent paving at crosswalks and
intersections, and pervious paving in on-street parking zones.
• Bulbouts should be used to help narrow roads and shorten the pedestrian crossing
distances, while improving pedestrian visibility to motorists.
• Canopy trees and planting strips should be used to help frame the street, narrowing the
perceived street width, and slowing traffic.
• Enhanced paving in crosswalks, at intersections, mid-block crossings, and on-street
parking zones should be used to help signify a change of ground plane and reduce the
speed of traffic.
4.8 PEDESTRIAN CIRCULATION
In an effort to implement the Specific Plan's vision of creating a pedestrian-oriented
neighborhood environment, it is important to establish well connected pedestrian paths, paseos,
and sidewalks throughout the Specific Plan Area. Paseos, paths, and sidewalks should
interconnect throughout the site, leading to and through plazas and green spaces. This
encourages a vibrant pedestrian environment that invites people to walk and ride their bicycles
around the neighborhood. Integrating paseos and plazas into the Northern District will help
create a sense of place for the district.
4.8.1 Pedestrian Paseos and Pathways
A network of paseos and pedestrian pathways should be interwoven throughout the North 40
Specific Plan Area to connect the districts and neighborhoods and also connect to the streets and
surrounding Perimeter Overlay Zone.
Vegetated pathways within the Lark District should be designed to weave between the residential
neighborhoods connecting common areas, pocket parks, and streets.
The paseos and pathways within the Transition District should connect courtyards, plazas, and
streets to the neighborhood commercial areas and to the Lark District neighborhood.
Within the Northern District, a series of paseos should meander through the commercial core,
creating a comfortable pedestrian experience. Paseos will provide many opportunities for
outdoor dining and storefront shopping. A paseo works as a pedestrian street, furnished with
benches, tables, street trees, planters, and may include focal features, fountains, and public art.
4.9 BICYCLE TRAVEL
Bicycle facilities will be integrated throughout the Specific Plan Area Bicycle travel promotes a
healthy alternative to vehicle transportation. Bicycle facilities include: Class II bicycle lanes,
multimodal paths, sharrows, bicycle racks, and bicycle lockers. Class II bicycle lanes are striped
lanes within the road right-of-way. Multimodal paths are separated from roadway and designated
for two way pedestrians and bicycle travel. Sharrow refers to shared lane pavement markings
placed within a travel lane to indicate that a bicyclist may use the full lane. The sharrow symbol
consists of a bicycle symbol with two chevron markings above the bicycle (refer to right image).
• It is anticipated that 'A' Street within the Specific Plan Area will include sharrows.
• Require all bike lanes and sharrows to be painted green.
• A north-south multimodal path should be provided to facilitate connectivity within the
Specific Plan Area.
4.12 PARKING STRATEGIES
The following parking design and location strategies should be implemented within the Specific
Plan Area to reduce the dominance of automobiles and help create a safe and aesthetically
pleasing pedestrian environment.
• Parking areas should be sufficiently buffered from view and tucked underneath
residential structures and behind retail and mixed-use development.
• Diagonal parking, 90 degree parking, and/or parallel parking should be provided along
the street edge fronting commercial uses on internal streets.
• Shared parking and reciprocal access to parking lots is strongly encouraged between
adjacent developments and businesses.
• Parking structures should be considered to help minimize the land area dedicated to
surface parking.
S.3.2 Proposed Stormwater Collection and Conveyance
In conjunction with the preparation of this Specific Plan both the Town of Los Gatos Public
Works Department (Town) and the Santa Clara Valley Water District (SCVWD) were consulted
to detennine existing system operation, capacity and future infrastructure needs. The Town and
SCVWD reported the following:
• The Town reported that the.development of the Specific Plan Area is a regulated project
under the Municipal Regional Permit (MRP) Provision C.3 including Provisions C.3 .c
(low impact development) and C.3.g (hydromodification).
• The Town reported that the drainage system in Los Gatos Boulevard is undersized and
therefore drainage from the Los Gatos Boulevard frontage will need to be rerouted
through the Specific Plan Area. The Specific Plan Area drainage system will need to be
oversized to mitigate existing deficiencies not caused by the development of the Specific
Plan Area.
• SCVWD reported that runoff from the Specific Plan Area should not increase the water
surface elevation in Los Gatos Creek nor increase the lateral extent of flooding.
c. 10-year event storm collection:
Underground pipe systems within the Specific Plan Area shall be designed to contain the 10-year
storm. A conceptual layout of the proposed drainage system is illustrated in Figure 5-2.
100-year event flood control protection:
Flows in excess of the 10-year event maybe conveyed in the streets, provided that development
is not subject to flooding. Excess stormwater may also be detained in open space areas and
parking lots, provided that development is not subject to flooding.
Given that the Specific Plan proposes relatively narrow streets it is possible that portions of the
street system may not have the ability to safely convey the 100-year storm event. At these select
locations, the drainage system may be designed to contain the 100-year event underground, or
other equivalent means will be provided. Inlets at these locations should be designed to allow the
tributary 100-year flow rate to enter the storm drain system.
5.4.3 Water Distribution
Based on information provided to SJWC by the Santa Clara Fire Department, the Specific Plan
Area water system should be designed to achieve a fire flow of 4,000 gallons per minute (gpm).
SJWC prepared a preliminary hydraulic model for the Specific Plan Area, which indicates that a
fire flow of approximately 4 ,200 gpm is available from the Montevina pressure zone.
Approximately 420 feet of 12 inch pipe will be extended from the Specific Plan Area at Lark
Avenue to an existing 18 inch pipe located at the 7-Mile Station as illustrated on Figure 5-3.
Domestic and fire pressure regulators will be required within the Specific Plan Area to maintain
70 pounds per square inch (psi) for domestic use and 60 psi for fire protection.
6.4.4 Interpretation of Provisions and Uses
The Director of Community Development shall have the responsibility to interpret the provisions
of this Specific Plan. If an issue or situation arises that is not sufficiently provided for or is not
clearly understandable, those regulations of the Zoning Ordinance that are most applicable shall
be used by the Director as guidelines to resolve the issue or situation. This provision shall not be
used to permit uses or procedures not specifically authorized by this Specific Plan or the Zoning
Ordinance.
If ambiguity arises concerning the appropriate classification of a particular land use, the Director
shall have the authority to make an interpretation as to whether the use should be allowed
because it is similar to other allowed uses in a particular Specific Plan District, or whether the
use should not be allowed in any Specific Plan District.
6.5 SPECIFIC PLAN AMENDMENTS
Amendments to the Specific Plan may be initiated by an individual North 40 property owner or
their designee, or by the Town. Additionally any member of the public can make a request to the
Town Council for the Town to consider an amendment to the North 40 Specific Plan. The
Director of Community Development or his/her designee is responsible for making the
determination of whether an amendment to the Specific Plan text or map is needed. Amendment
procedures arc described below:
• Proposals to amend the Specific Plan must be accompanied by detailed information to
docwnent the change required. This information should include revised Specific Plan text
and a revised diagram, where relevant, depicting the amendment requested.
• The Town has conducted a comprehensive analysis and invested a significant amount of
time and money in the preparation of the Specific Plan, therefore, any proposals to amend
the Specific Plan must document the need for such changes. The Town and/or applicant
should indicate the economic, social or technical issues that generate the need to amend
the Specific Plan. Costs incurred for the amendments shall be the responsibility of the
party requesting the amendment.
Images
The word "should" can also be found in the captions for images on page 3-12, 3-19, 3-22, 3-25,
3-27, 3-28, 3-29, and 3-42.
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Intentionally
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§ 29.10.09050 LOS GATOS TOWN CODE
revocation, and ·shall give the permittee written notice of this decision. Both notices shall be
mailed to the address given by the permittee in his application for the large family day care
home pe11nit or such other address as the permittee has provided the Planning Director.
<Ord. No. 1842, § 1(3.99), 4-1-91)
Editor'R note--Ord. No. 1842, § !, adopted April 1, 1991, amended the zoning ordinance by
the addition of Chapter 3.99, and at the discretion of the editor 13aid provisions have been
included herein as § 29.10.0 9050.
DMSION 2. TREE PROTECTION*
Sec. 29.10.0960. Intent.
This division is adopted because the 'lbwn of Los Gatos is forested by many native and
non-native trees, and contains individual trees of great beauty. The health and welfare of the
citizens of the Town require that these trees be saved in order to preserve the scenic beauty of
the 'lbwn, prevent erosion of topsoil, pro\.ide protection against flood hazards and risk of
landslides, counteract pollutants in the air, maintain climatic ·balance and decrease wind
velocities. Trees contribute sigajficantly to the value ofland in the 'lbwn. It is the intent of this
division to regulate the removal of trees within the 'lbwn in order to retain as many trees as
possible consistent with the purpose of this section and the reasonable use of private property.
It is the intent of this division to preserve as many protected trees as possible throughout the
'lbwn through staff review and the development review process. Special provisions regarding
hillsides are included in section 29.10.0987 of this division in recognition of the unique
biolOgical and environmental differences between the hillside and non~h:Ulside areas of the
'lbwn. This section does not supersede the provisions of Chapter 26 of this Code.
tO:rcl No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.0955. Definitions.
The following words, terms and phrases, when used in this division. shall have the
me8llings ascribed to them in this section.
Building envelope means the area of a parcel (1) upon which, under applicable zoning
reguiations, a structure may be built outside of required setbacks without a variance or; (2)
that is necessary for the construction of primary access to structures located on the parcel,
where there exists no feasible means of access which wOuld avoid protected trees. On
single-family residential parcels, the portion of the parcel deemed to be the building envelope
access shall not exceed t.en (10) feet in width.
Certified or consulting arborist means an individual in the profession of arboriculture who,
through experience, education, and related training, possesses the competence to provide a
•Editor's note-Ord. No. 2240, § l(Exh. B), adopted June 2, 2015, amended Div. 2 to read
as herein set out. Former Div. 2, §§ 29.10.0950-29.10.1045, pertained to similar subject
matter, and derived from Ord. No. 2114, §§I, II, adopted Aug. 4, 2003.
Supp. No. 67 1994
EXHIBIT B
.,.. ,,,. . . _ ... ZONING REGULATIONS § 29 .10.0955
tree report, tree survey or supervise the care and maintenance of trees; and who is certified by
the International Society of Arboriculture, a member of the American Society of Consulting
Arborists or approved by the director.
Development means any work upon any property in the 'lbwn which requires a subdivision,
rezoning, planning permit, variance, use permit, building permit, demolition permit, grading
permit or other 'lbwn approval or which involves excavation, landscaping, construction ·or
clearing and grubbing within the dripline or any area that would affect a protected tree.
Di,ameter means measurement of the trunk diameter for the purpose of appl;Ying this section
shall be made four and one-half (4.5) feet (fifty-four (54) inches) above natural grade.
Measurement of multi-trunked trees shall be determined by the sum of all trunk diameters
measured at four and one-half (4.5) feet (fifty-four (54) inches) above natural grade.
Di'rector means the Director of Comm.unity Development or the Director's designated
representative.
Dri.pline area means the area around the trunk of the tree extending out a distance ten (10)
times the diameter of the trunk, or the perimet.er of the tree canopy, whichever is greater.
Heritage tree means a tree or grouping of trees specifically designated by action of the 'lbwn
Council, upon the recommendation of the Historic Preservation Commission, that possess
exceptional aesthetic, biological, cultural, or historic value and is expecte<J to have a continuing
C:ontribution to the community,
Hillsi.de means all properties located within the area defined by the hillside area map as
contained in the 'lbwn of Los Gatos Hillside Development Standards and Guidelines.
Large protected tree means any oak (Quercus), California buckeye (Aesculus californica), or
Pacific madrone (Arbutus menziesii) which has a 24-inch or greater diameter (75-inch
circumference); or iinY other species of tree with a 48-inch or great.er diameter (150-inch
circumference).
Multi-trunk tree means a tree that has more than one (1) major supporting stem or trunk
growing froin a sing~e root n;iass located at ground level or just above the trOOk ii.are.
Native means any tree that is· found in the immediate natural habitat. For instance,
redwood trees are native to the Santa Cruz Mountains bµt they are not native to the oak
woodlands and chaparral areas of Los Gatos.
Pollarding m~.ans a pruning technique where the ends of the branches of a tree are
terminated with a heading cut to a predetermined length, and then resultant epicormic shoots
that emerge from just below the heading cut are cut back on an annual basis, forming an
enlarging "knob" or knuckle" at the end of the remaining branches over time. Pollarding
should be done on small branches no more than two (2) fuches in diameter and is only allowed
without a permit on fruitless mulberry trees (Morus alba) or other species approved by the
'lbwn Arborist.
Supp. No. 67 1995
§ 29.10.0955 LOS GATOS TOWN CODE
Protected tree means a tree regulated by the 'lbwn of Los Gat.os as set forth in Section.
29.10.0960, Scope of protected trees.
Pruning means the selective removal of plant parts t.o meet specific goals and objectives,
including but not limited to: safety and risk reduction; clearance; health maintenance;
at:!sthetic improvement; growth control; and to enhance performance or fum.1ion by de~eloping
and preserving ·tree structure and health. All pruning shell be in aecordanee wiL"l the current
version of the International Society of Arboriculture Best Management Practices-Tree Pruning
and ANSI A300-Part 1 'Iree, Shrub and Other Woody Plant Management-S~andard Practices,
(Pruning).
Public nuisanee, means any tree, shrub, plant or part thereof growing in, or overhanging, a
public street or right-of-way, interfering With the use of any public street or public place in the
'Ibwn, or tree which, in the opinion of the Director, endangers the life, health, safety, comfort
or property of any persons using such public street, or in such public place, because of the tree's
or shrub's location, condition of its limbs, roots or trunk, or because of its diseased condition,
is hereby declared to be a public nuisance.
Public place means ~Y road or stree~ or public s~ool, or place of public assemblage, or real
property, building, or other space or area which is open to public access, and which is under
·public-oon.trol, GJ.". maintained -at-public-.expense) or which .the. Town .or the .C~ty . .of Santa ..
Clara, or the State of California, or the United States, as the case may be, owns some or all
int.erest or which it leases.
Public street means all or any portion oft.erri.tory within the 'lbwn set apart and designated
for the use of the public as a thoroughfare for travel, including the sidewalks, curb and gutter.
Remove means .any of the following: (1) Complete removal, such as cutting to the ground or
extraction, of a protected tree; (2) Taking any action foreseeably leading to the death of a tree
or permanent damage to it.B heal.th; inclu~ but not liniited to severe pruning, cutting,
girdling, po~soning; overwatering, unauthorized relocation or transportation of a tree, or
trenching, excavatingl altering the grade, or paving within the dripline ~a of a tree.
Seuere pruning means t.opping or removal of foliage or significant scaffold limbs or large
diameter branches so as to cause permanent damage and/or disfigurement of a tree, and/or
which does not meet specific pruning goals and objectives 8.S set forth in the current version of
the International Society of Arboriculture Best Management Practices-Tre.e Pruning and ANSI
A300-J;>art 1 Treet Shrub and Other Woody Plant Management-Standard Practices, (Pruning).
Severe Pruning shall ahio include pruning as described in section 29.10.1010(3) of this chapter.
Shrub means a bushy, ~oody plant, usually with several permanent stems, and usually not
over fifteen (15) feet high at maturity.
Significant impact on a property from a tree means an unreasonable interference with the
normal and intended use of the property. In deterniining whether there is a significant impact,
the typical longevity of the subject tree species, the size of the tree relative to the property, and
whether the condition can be corrected shall be considered. Normal maintenance, including
Supp. No . 67 1996
1--·
ZONING REGULATIONS § 29.10.0960
but not limited to pruning not requiring a permit under this division, and leaf removal and
minor damage to paving or fences shall not be considered when making, a determination of
significant impact.
Street tree means a tree in a public place, or along or within a public street or right-of-way.
'lbpping means the practice of cutting back large diameter branches of a tree, including but
not limited to cutting of a central leader, to some predetermined lower height to reduce the
overall height of the tree, where the remaining buds, stubs or lateral branches are not large
enough to assume a terminal role.
7ree means a woody perennial plant characterized by having a main stem or trunk, or a
multi stem.med trunk system with a more or less definitely formed crown, and is usually over
ten (10) feet high at maturity.
Tree canopy replacement st<;indard means a replacement tree formula to mitigate removal of
a protected tree. The sµndard is based on measuring the widest distance across the canopy of
a tree for the purpose of determining the mitigating size and number of replacement trees.
Tree protection zone (TPZ) means the area of a temporary fenced tree ep.closure under the
tree's dripline or as. specified in a report prepared by a certified or consultin~ arborist. The TP'l
is a restricted activity zone before and after construction where no soil disturbance is
permitted unless approved and supervised by the certified or consulting arborist.
TI-ee Risk Rating means a categorization of risk based on an assessment of the likelihood of
failure and impa~ and the consequences such failure and impact would have on life, property,
utilities, or essential transportation systems. For purposes of this division , Tree Risk Rating
shall be the rating of tree risk as provided for in the Int.emational Society of Arboriculture
(ISA) Tree Risk Asse'8II1ent Best Management Practices Tree Risk Rating Matrix, which
categorizes risk as Extreme, High, Moderate or Low.
TI-ee value. standard means the method of appraising a tree's value to a property using the
Trunk Formula Method or Replacement Cost Method as described in the most recent edition
of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers
( CTLA) and the Species Classification and Group Assignment by the Western Chapter of the
International Society of Arbqriculture (ISA).
'.ll-unk means the primary structural woody part of the tree beginning at and including the
trunk flare and extending up into the crown from which scaffold branches grow.
TrUnk fiare means the area at the base of the plant's trunk where it broadens to form roots
and is the transition area between the root system and the trunk.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.0960. Scope of protected trees.
This division shall apply to every p_roperty owner and to every person, corporation,
partnership, sole proprietorship or other entity responsible for removing, maintaining or
protecting a tree. The trees protected by this division are:
(1) All trees which have a twelve-inch or greater diameter (thirty-seven and one-half-inch
circumference) of any trunk or in the case of multi-trunk trees, a total of eighteen
inches or greater diameter (:fifty-six and one-half-inch circumference) of the sum of all
trunks, where such trees are located on developed residential property.
Supp. No. 67 1996.1
§ 29.10.0960 LOS GATOS TOWN CODE
(2) All trees which have an eight-inch or greater diameter (twenty-five-inch circumfer-
ence) of any trunk or in the case of multi-trunk trees, a total of eight inehes or gr~ater
diameter (twenty-five-inch circumference) of the sum of all trunks, where such trees
are located on developed Hillside residential property.
{3) All trees of the following species which have an eight-inch or greater diameter
{twenty-five-inch circumference) located on developed residential property:
a. Blue Oak (Quercus douglasii);
b. Black Oak (Quercus kellogii);
c. California Buckeye (Aesculus californica);
d. Pacific Madrone (Arbutus menziesii).
(4) All trees which have a four-inch or greater diameter (twelve and one half-inch
circumference) of any trunk, when removal relates to any review for which zoning
approval or subdivision approval is required.
(5) Any tree that existed at the time of a zoning approval or subdivision approval and was
a specific subject of such approval OT otherwise covered by subsection (6) of this section
(e.g., landscape or site plans).
(6) Any tree that was Fequired by the 'lbwn to be plant.eel or retained by the. tenns_and
conditions of a development application, b~lding permit or subdivision approval in all
zoning districts, tree removal. permit or code enforcement a~tion.
l7) All trees, which have a four-inch or gr~ater diameter (twelve and one half-inch
circumference) of any trunk and are located on property other than developed
residential property.
(8) All publicly owned trees growing on Town lands, public places or in. a public
right-of-way easement, which have a four-inch or-greater diameter {twelve and
one-half-inch circumference) of any trunk.
(9) A protected tree shall also include a stand of trees, the nature of which makes each
dependent upon the other for the survival of the stand.
(10) The following trees shall also be considered protected trees and shall be subject to the
pruning permit requirements set forth in section ,29.10.0982 and the public noticing
procedures set forth in section 20.i0.0994:
a. Heritage trees;
b. Large prot.ected trees.
<Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.0965. Prohibitions.
Except as provided in section 29.10.0970, it shall be unlawful:
(1) To remove OT cause to be removed any protected tree in the Town without first
obtaining a permit pursuant to this chapter.
Supp. No. 67 1996.2
ZONING REGULATIONS § 29.10.0975
(2) 'lb prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over
a three-year period, afi'ecting twenty-five (25l percent or more of any protected tree
without 1irst obtaining a permit pursuant to this chapter.
(3) 'lb prune, trim, or cut any branch or root greater than four (4) inches in diameter
(twelve and one-half (12.5) inches in circumference) of a Heritage tree or large
protected tree without first obtaining a permit pursuant to this chapter.
(4) 'lb conduct severe pruning as defined in section 29.10.0955 without first obtaining a
permit· pursuant w this chapter.
(5) For any person or business entity engaged in the business of removing trees or tree
care to perform work requiring a permit under this division without first obtaining a
permit under this division. The permit shall be posted on-site at all times during the
removal or permitted pruning of a tree and must be made available upon request from
the Chief of Police, Code Compliance Officer, Director of Parks and Public Works
Department, or their designee.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. · 29.10.0970. Exceptions.
The following trees are excepted from the provisions ~f this divisiQn and may be removed or
severely pruned without 'lbwn approval or issuance of a tree removal permit:
(1) A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch
circumference).
(2) Any of the following trees that are less than twenty-four (24) inches in diameter
(seventy-five (75) inch·es in circumference):
Black Acacia (Aeacia melanoxylon)
Tulip Tree (Liriodendron tulipifera)
Tree of Heaven (Ailanthus altissima)
Blue Gum Eucalyptus (E. globulus)
Red Gum Eucalyptus (E. camaldulensis)
Other Eucalyptus (E. spp.)-Hillsides only
Palm (except J14oenix canariensis)
Privet (Ligustrum lucidum)
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.0975. Emergency action.
A protected tree may be removed or severely pruned without a permit where it presents an
imminent danger to life, property, utilities or essential transportation systems and a Tree Risk
Rating of Extreme or High is present. In such event, the property owner or representative shall
be responsible for the following:
(1) Notify the Town Parks and Public Works Department during business hours or the
Police Department aft.er business hours and request authorization of the proposed
emergency action, including removal or severe pruning.
Supp. No. 67 1996.3
§ 29.10.0975 LOS GA'l'OS TOWN CODE
(2) Emergency action may be authorized by the Dj,rector, 'lbwn Manager, Parks and Public
Works Director, 'lbwn Arborist or their designees, or a member of the police or fire
department or other emergency personnel when the situation and· conditions warrant
immediate action to protect life or property and other Town officials are unavailable.
t3) No :tater than seventy-two (72) hours after the emergency action has been taken the
property owner shall suburlt photo documentation and written verification to the Town
confirming the emergency condition and describing the action taken.
H the Director determines that the condition was not reasonably deter~ed i.o have been
an emergency requiring immediate action, the person responsible for removing or d~maging
the protected tree shall be subject to fines and penalties as set forth in sec.'tiun 29.10.1025.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.0980. Applications for a ~ee removal or severe pruning p~t.
Applications for a protected tree removal or severe pruning permit for trees oil private
property shall be available from and filed with the 'lbwn as indicated on the application.
Application submittals for the remoVal of trees on public property (street trees) .are provided
for in section 26.10.060 of the 'fywn Code. Applications for tree removal or severe pruning_ on
private property may be granted, denied or granted with conditions. Application submittals for
r~movai ·o~ .severe 'i>ruirilig of trees on-prlvate property sh8:ii in.elude -the-rciiiOWilig. minimum
information for staff review:
(1) A completed tree removal application form, signed by the property owner.
(2) A written explanation of why each tree(s) should be removed or pruned and how it
meets the 'lbwn's Standards of Review.
(3) Phctograph(s) of the trcc(s).
( 4) If required by the Director, a certified or consulting arborist's written assessment of
the tree's disposition shall be provided for review by thc;i 'lbwn. The report shall be
signed by the arborist and include tree size (diameter, height, crown spread); location
on the site; numbered on a site plan or arborlsts tree sm-Vey (if there iS inore than one
(1) tree); condition of health; condition of structure; and if tree risk findings apply, a
Tree Risk Assessment and Rating must be completed using the most recent version of
the Tree Risk Assessment Best Management Practices or any sµ.ccessor document
published by the International Society of Arboriculture. Other information, images,
etc. may be included in the report.
(5) H structural damage to a building, major land.scape. feature, or appurtenance,
including utilities is the basis for the request, a report from a licensed architect or
engineer may also be required in" addition to an arborist report. This additional report
shall describe what modmcatiOns t.o buildings~ structures, improvements or utilities
would be required to mitigate the damage(s) directly caused by the tree.
(6) Payment of permit fee, as established by 'lbwn resolution.
(Ord. No. 2240, § !(Em. B), 6-2-15)
Supp. No. 67 1996.4
ZONING REGULATIONS § 29.10.0985
Sec. 29.10.0982. Applications for heritage and large protected tree prunini permit.
A pruning permit is required where pruning of branches or roots greater than four ( 4) inches
in diameter is proposed for any Heritage tree or large protected tree. Applications shall be
available from and filed with the 'lbwn. Applications for pruning may be granted, denied or
granted with conditions. Application submittals ui;lder this section shall include the following
minimum information for sta1f review:
(1) A completed pruning permit application, signed by the property owner.
(2) A written description of the proposed pruning including the pruning objectives and
pruning methods to be used consistentwith International Society of Arboriculture Best
M~agement Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other
Woody Plant Management-Standard Practices, (Pruning).
(3) Photographs of the tree indicating as best possible where pruning is to occur.
( 4) If required by the Director, a certified or consulting arborist's written report describing
the proposed pruning.
(5) If structural damage to a building, majot landscape feature, or appurtenance,
including utilities is the basis for the request, a report from a licensed architect or
engineer may be required in addition to an arborist report. This additional report shall
describe what modifications to buildings, structures, improvements or utilities would
be required to mitigate the damages directly caused by the tree.
(6) Payment of permit fee, as established by 'lbwn resolution.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.0986. Determination and conditions of permit.
The Director shall determine whether to grant a permit. The Director may consult with
other Town departments or outside agencies at his/her discre"t;ion. When a development.
application for any zoning approval, or subdivision· of land, including lot fine adjustment, is
under consideration by the Planning Commission, the determination on the tree rem.oval
permit shall be made concurrently by the Planning Commission With the related matter. The
Director or the deciding body shall impose, except when removal is permitted if the tree is dead
or a Tree Risk R&'ting of Extreme or High is present, as a condition on which a protected tree
removal permit is granted that two (2) or more replacement trees of a species arid a size
designated by the Director or designee, shall be planted in the following order of preference:
(1) Two (2) or more replacement trees, of a species and size designated by the Director,
shall be. planted on the subject private property. Table 3-1, Tree Canopy-Replacement
Standard shall be used as a basis for this requirement. The person requesting the
permit shall pay the cost of purchasing and planting the replacement trees.
Supp. No. 67
§ 29.10.0985 LOS GATOS TOWN CODE
(2) If a tree or trees cannot be reasonably planted on the subject property, an in-lieu
payment in an amount set forth by the Tuwn Council by resolution shall be paid to the
Tuwn 'J'ree Replacement Fund to:
tl. Add or replace Lrees on public property in the vicinity of the subject property; or
b. Add or replace trees er landscaping on other Thwn property; or
c. Support the Tuwn's urban forestry management program.
Table 3-1 -Tree Canopy -Replacement ·standard
Canopy Size of Removed Replacement Single Family Residential
Tree1 Requirements. 4 Replacement Op~on8• 4
10 feet or less Two 24-incb box trees Two 15-gallon trees
More than 10 feet to 25 feet Three 24-incb box trees Three 15-gallon trees
More than 25 feet to 40 feet Four 24-inch box trees; or Four 15-gallon trees
Two 36-incb box trees
More than 40 feet to 65 feet Six 24-inch box trees; or Not Available
Three 36-inch box trees
Great.er than 55 feet .. Tun 2+.-inch box .trees; or lN.ot Av.fill~ble
Five 36-inch box trees
Notes
1 'lb measure an asymmetrical canopy of a tree, the widest measurement shall be used to
determine canopy size.
2 Often, it is n ot possible to r eplace a singl e large, older tree with an· equivalent tree(s). In
this case, the tree may be replaced with a combination of both the 'lree Canopy
Replacement Standard and in-lieu payment in an amount set forth by ~n Council
resolution paid to the Tuwn Tree Replacem~nt Fund.
8 Single Family Resid!eal Replacement Option is available for developed single family
residential lots wide housand (10,000) square feet that are not subject to the Tuwn's
Hillside Development tand8l'ds and Guidelines. All fifteen-gallon trees must be planted
on·site. Any in-lieu fees for single family residential shell be based on twenty-four-inch
box tree rates as adopted by Tuwn Council.
4 Replacement Trees shall be approved by the 'Thwn Arborist and shall be of a species suited
to the a,vailable planting location, proximity to structures, over head clearances, s oil t ype,
compatibility with surroundi ng canopy and other relevant factors. Replacement with
native s pecies shall be strongl y encouraged. Replacement requirements in the H illsi des
shall comply with the Hillside Development Standards and Guidelines Appendix A and
section 29.10.0987 Special Provisions-Hillsides.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Supp. No. 67 1996.6
ZONING REGULATIONS § 29.10.0990
Sec. 29.10.0987. Special provisions-hillsides
The Town of Los Gatos recognizes its hillsides as an important natural resource and
sensitive habitat which is also a key component of the 'lbwn's identity, character and charm.
In order to maintain and encourage restoration of the ·hillside environment to its natural stat.e,
the Town has established the following special provisions for tree removal and replacement in
the hillsides:
(1) All protected trees locat.ed thirty (30) or more feet from the primary residence that are
removed shall be replaced with native trees listed inAppendixARecommended Native
Tcees for Hillside Areas of the Town of Los Gatos Hillside Development Standards and
Guidelines (HDS&G).
(2) All prot.ect.ed trees located within thirty (30) feet of the primary residence that are
removed shall be replaced as follows:
(a) If the removed tree is a native tree listed in Appendix A of the HDS&G, it shall
only be replaced with a native tree list.ed in Appendix A of the .HDS&G.
(b) If the removed tree is not listed in Appendix A, it may be replaced with a tree
listed in Appendix A, or replaced with another species of tree as approved by the
Director.
(c) Replacement trees list.ed in Appendix A may be planted anywhere on the
property.
(d) Replacement trees not listed inAppendixAmayonly be planted within thirty (30)
feet of the primary residence.
(3) Replacement requirements shall comply with the requirements in Table 3-1, Tcee
Canopy-Replacement Standard of this Code.
(4) Property owners should be encouraged to retain dead or declining trees where they do
not pose a safety or :fire hazard, in order to foster wildlife habitat and the natural
renewal of the hillside environment.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.0990. Standards of review.
The Director or deciding body shall review each application for a tree removal permit
required _by this division using the following standards of review. The standards of review are
int.ended to serve as criteria for evaluatil)g tree removal requests and the basis upon which the
Director or the deciding body will subsequently determine whether or not one (1) or more of the
Required Findings listed in section" 29.10.0992 can be made.
(1) The condition of the tree or trees with respect to: (a) disease, (b) imminent danger of
falling, (c) structural failure, (d) proximity to existing or proposed structures, (e)
structural damage to a building, or (f) a public nuisance caused by a tree. The
Interl).ational Society of Arboriculture (ISA) Best Management Practices for Tree Risk
Assessment shall be used where appropriate in determining a 'free Risk Ra.ting.
Supp. No. 67 1996.7
§ 29.10.0990 LOS GATOS TOWN CODE
(2) The condition of the tree giving rise to the permit application cannot be reduced to a
less than significant level by the reasonable application of preservation, preventative
measures or routine maintenance.
(3} The removal of the tree{s) will not result in a density of trees or tree cover that, is
inconsistent with the neighborhood.
(4) The number of trees the particular parcel can adeqwd.ely support according to good
urban forestry practices, or whether a protected tree is a detriment to or crowding
another protected tree.
l5) In connection with a proposed subdivision of land into two (2) or more parcels, the
removal of a protected tree is unavoidable due to restricted access to the property or
deemed necessary to repair a geologic hazard (landslide, repairs, etc.).
(6) Except for properties located within the hillsides, the retention of a protect.ed tree
would result in reduction of the otherwise-permissible building envelope by more than
twenty-five (25) perc~nt.
(7) The Hillside Development Standards and Guidelines.
(8) Remoyal of the protected tree{s) will not result in a substantial adverse change in the
site's aesthetic and biologicalsignificance; the topography of the land and. the effect of
the removal of the ·tree on erosion, soil retention, or diversion or iricreased ftow of
surface waters.
(9) Whether the Protected .Tree has a signi:ficant impact on the property. Significant
impact from a tree is defined in section 29.10.0955. Definitions.
(10) The species, size (diameter, canopy, height), estiinat.ed age and location on the property
of the protel.1ed tree.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec .. 29.10.0992. Required findings.
The Director, Director's designee, or deciding body shall approve a protected tree removal
permit, severe pruning permit, or ptuning permit for Heritage trees or large protected trees
only after making at least one (1) of the following fin~gs:·
(1) The tree is dead, severely diseased,. decayed or disfigured to such an extent that the
tree is unable to recov~r or return to a healthy and stzucturally sound condition.
(2) The tree has a tree risk rating of Extreme or High on the ISA Tree Risk Rating Matrix
as set forth in the ISA Tree Risk Assessment Best Management Practices, or successor
publication.
(3) The tree is crowding other protected trees to the extent that removal or severe pruning
is necessary to ensure the long-term viability of adjacent and more significant trees.·
{4) The retention of the tree restricts the economic enjoyment of the property or creates an
unusual hardship for the property owner by severely limiting the use of the property
Supp. No. 67 1996.8
ZONING REGULATIONS § 29.10.0994
in a manner not typically experienced by owners of similarly situated properties, and
the applicant has demonstrated to the satisfaction of the Director or deciding body that
there are no reasonable alternatives to preserve the tree.
(5) 'Th.e tree has, or will imminently, interfere with utility services where such interference
cannot be controlled or remedied through reasonable modification, relocation or repair
of the utility service or the pruning of the root or branch structure of the tree; or where
removal or pruning is required by a public utility to comply with California Public
Utility Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules
or regulations.
(6) The tree has caused or may imminently cause significant damage to an existing
structure that cannot be controlled or remedied through reasonable modification of the
root or branch structure of the tree.
(7) Except for properties within the hillsides, the retention of the protected tree would
result in reduction of the otherwise-permissible building envelope by more than
twenty-five (25) percent.
(8) The removal of the tree is unavoidable due to restricted access to the property.
{9) The removal of the tree is necessary to repair a geologic hazard.
(10) The removal of the tree and replacement with a more appropriate tree species will
enhance the 'lbwn's urban forest.
<Ord. No. 2240, § I(Exh. B ), 6-2-15)
Sec. 29.10.0994. Additi onal procedures for heritage and J.arce protected tree re-
mov al or pruning permit's .
(1) These procedures are established for the review of Heritage tree and large protected tree
removal or pruning permit applications where a permit is requested for a tree that is not dead,
severely disfigured, profoundly diseased, or an Extreme or High Risk on the ISA Tree Risk
Rating Matrix, and where findings (1)_ or (2) above cannot be made.
(2) In addition to the fee and application materials required by section 29.10.0980 or section.
29 .10.0982, the applicant will be required to submit one (1) set of stamped, addressed
envelopes for neighboring residents and property owners. The Planning Department will
assist the appli~nt in determining the properties tO be notified (all properties abutting the
applicant's parcel, properties directly across the street and the two (2) parcels on each side of
it).
(3) The Director shall review the application using the StandardB of Review set forth in
section 29.10.0990 and the Required Findings set forth in section 29.10.0992 .
. (4) If the Director intends to approve the application, a "Notice of Pending Issuance of Tree
Removal or Pruning Permit" will be mailed to neighboring residents and property owners
including any applicable conditions, and required tree replacement requirements. The notice
will describe the proposed tree removal or pruning, and that the permit will be issued unless
Supp. No. 67 1996.9
§ 29.10.0994 LOS GATOS TOWN CODE
there is an objection. Any interested party shall have ten (10) days from the date of the "Notice
of Pending Issuance of Tree Removal or Pnming Permit" to notify the Director in writing of any
concerns or problems.
{5) If a written objection is not filed witI-ihl the texi-day period, the permit will ·oo issued. If
a written objection is filed and a resolution is found that meets all parties' concerns then the
permit will also be issued.
(6) If an objection is filed in a timely manner and a mutually acceptable resolution cannot
be agreed upon with the Director within ten (10) days, the objecting party shall b~ so advised
and shall be provided an additional five (5) days to file a formal appeal of the tree removal or
pruning permit with the 'lbwn, which shall be scheduled for consideration by the Planning
Commission. All property owners and residents notified under section 29.10.0994(4) shall be
notified of the Planning Commission meeting.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building, grading or
-· . -·--·---~-· ···-· .... ---··----· -·-·---·--· ------··-----·-----··. ·-· -· --· -····----·--·····--···-.
demolition permit where no discretionary development approval is required, shall he accom-
panied by a signed tree disclosure statement by the property owner or authorized agent which
discloses whether any protected trees exist on the property which is the subject of the
application, and describing each such tree, its species, size (diameter, canopy dripline area,
height) and location. This requirement shall be met by including the following information on
plans submitted in connection with the development application.
(b) The location of all trees on the site and in the adjacent public right-of-way which are
within thirty (30) feet of the area proposed for development, and trees located on adjacent
property with canopies overhanging the project site, shall be shown on the -plans, identified by
species, size (diamet.er, canopy, dri.pline area, height), and IoCation.
(c) Within the dripline area or area that would affect a protected tree, the location of shrubs
and other vegetation subject to development shall be shown on the plans.
(d) The director may require submittal of such other information as is necessary to further
the purposes of this division includir~g but not limited to photographs.
(e) Disclosure of information pursuant to this section shall not be required when the
development for which the approval or permit is sought does not involve any change in
building footprint nor any grading, trenching or paving.
(f) Knowingly or negligently providing false or misleading information in response to this
disclosure requirement shall constitute a violation of this divisfon.
(Ord. No. 2240, § I<Exh. B), 6~2-15)
Supp. No. 67 1996.10
::
ZONING REGULATIONS § 29.10.1000
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior t.o submittal of any development application
proposing the removal of or impact t.o one (1) or more protected trees. The development
application shall include a Tree Survey Plan and Tree Preservation Report based on this
survey. The tree survey inventory numbers shall correspond to a numbered metal tag placed
on each tree on site during the tree survey. The tree survey plan shall be prepared by a certified
or consulting arborist, and shall include tl;ie following information:
(1) Location of all existing trees on the property as described in section 29.10.0995;
(2) Identify all trees that could potentially be affected by the project (directly or
indirectly-immediately or in long term), such as upslope grading or compaction outside
of the dripline;
(3) Notation of all trees classified as protected trees;
(4) In addition, for trees four (4) inches in diameter or larger, the plan shall specify the
precise location of the trunk and crown spread, and the species, size (diameter, height,
crown spread) and condition of the tree.
(b) The tree survey plan shall be reviewed by the Town's consulting arborist who shall, after
making a field visit to the property, indicate in wnting or as sho\vn on approved plans, which
trees are recommended for preservation (based on a retention ratirig of high/moderate/low)
using, as a minimum, the Standards of Review set forth in section 29.10.0990 . This plan shall
be made part of the sta1f report ~ the 'lbwn reviewing body upon its consideration of the
application for new property development;
(c) When development impacts are within the dripline of or will affect any protected tree,
the applicant shall _provide a tree preservation report prepared by a CE!rtified or consulting
arborist. The report, based on the findings of the tree survey plan and other relevant
inform~tion, shall be used to determine the health and structure of existing trees, the effects
of the proposed development and vegetation removal upon the trees, reco_mmendations for
specific precautions necessary for their pre~ei-vation during all phases of development
(demolition, grading, during constrµction, JJuidscaping}; a.lid shall also indicate which trees are
proposed for removal. The tree preservation report shall stipulate a required tree protection
zone (TPZ) for trees to be retained, including street trees, protected trees and trees whose
canopies are hanging over the project site from adjacent properties. The TPZ shall be fenced
as specified fu section 29.10.1005:
(1) The final approved tree preservation report shall be included in the bw1ding permit set
of development plans . and printed on ~ sheet titled: Tree Preservation Instructions
(Sheet T-1). Sheet T-1 shall be referenced on all relevant sheets (civil, demolition,
utility, landscape, irrigation) where tree impacts from improvements may be shown to
occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to
protect all trees recommended for preservation by the Town's consulting arborist. The
Supp. No. 67 1996.11
§ 29.10.1000 LOS GATOS TOWN CODE
'lbwn reviewing body may determine if any of the trees recommend~d for preservation
should be removed, if based upon the evidence submitted the reviewing body
determines ihat due to special site grading or other unus:ual characteristics associated
with the property, the preservation of the tree(s) would significantly preclude feasible
development of the property a.s described in section 29.10.0990;
(3) Approval of final site or l andscape plans by the appropriate 'lbwn revie~g body shall
comply with the following requirements and conditions of approval:
a. The applicant shall, within ninety (90) days of final approval or prior to issuance
of a grading or building permit, w~ever ~ :first, secure an appraisal of the
condition and value of all . trees included in the tree report aft'e~d by the
development that are required to remain within the development using the Tree
Value Standard methodology as set forth in this Chapter. The appraisal of each
tree shall recognize the location of the tree in the proposed development. The
appraisal shall be performed in accordance with the current edition of the Guide
for Plant Appraisal published by the Council of Tree and Landscape Appraisers
(CTLA) and the Species and Group Classification GUide published by the Western
Chapter of the International Society of Arboriculture. The appraisal shall be
·performed· at the-·applicant's ezpense, and the appraisal shall be subject to the
Director's approval.
. .
b. The site or landscape plans shall indicate which trees are to be removed.
However, the plans do not constitute approval ·to remove a tree until a separate
permit is granted. The property owner or applicant shall obtain a protected tree
removal permit, as outlined in section 29.10.0980, for each tree to be removed to
satisfy the purpose of this division.
(d) Prior to acceptance of proposed development or subdivision improvements, the devel-
oper shall submit to the Director a :final tree preservation report prepared by a certified or
consulting arborist. This report shall consider all trees that were to remain within the
dev'elopment. The. report shall note th.e trees' health in relation to the initially reported
condition of the trees and shall note any changes in the trees' numbers or physical conditions.
The applicant will then be responsible for the loss of any tree not previously approved for
removal. For protected trees, which were ·removed, the developer shall pay a penalty in the
amount of the appraised value of such tree in addition to replacement requirements contained
in section 29.10.0985 of this Code. The applicant shall remain responsible for ~e health and
survival of all trees wjthin the development for a period of five (5) years following acceptance
of the public improvements of the development or certifi.cat.e of occupancy.
· (e) Prior to issuance of any demolition, grading or building permit, the al'.lplicant or
contractor shall submit to the Building Department a written statement and photographs
v erifying that the required tree protection fence is installed around street trees and protected
trees in accordance with the tree preservation report.
Supp. No. 67 1996.12
ZONING REGULATIONS § 29.10.1005
· (f) If required by the Director and conditioned as part ~fa discretionary approval, a security
guarantee shall be provided to the 'lbwn. Prior to the issuance of any permit allowing
construction to begin, the applicant shall post cash, bond or other security satisfactory to the
Director, in the penal sum of :five thousand dollars ($5,000.00) for each tree required to be
preserved, ~r·twenty-five thousand dollars ($25,000.00), whichever is less. The cash, bond or
other security shall be retained for a period of one (1) year following acceptance of the public
improvements for the development and shall be forfeited in an amount equal to five thousand
dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be
preserved are removed, destroyed or severely dam~ed.
(g) An applicant with a proposed development which requires underground utili~es shall
avoid the installation of said utilities within the dripline of existing trees whenever possible.
In the event that this is unavoidable, all trenching shall be done using directional boring,
air-spade excavation or by hand, taking extreme caution to avoid damage to the root structure.
Work within the dripline of exis~g trees shall be supervised at all times by a certified or
consulting arborist.
(h) It shall be a violation of this division for any property owner or agent of the owner to fail
to comply with any development approval condition concerning preservation, protection, and
maintenance of any protected tree.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials. Six (6) foot high chain link fencing, mounted on two-inch diameter
galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet
at no more than ten-foot spacing. For paving area that will not be demolished and
when stipulated in a tree preservation plan, posts may be supported by a concrete
base.
(2) Area type to be fe11ced. Type I: Enclosure with chain link fen(tlng of ~ther the entire
dripline area or at the tree protection zone (TPZ), when specified by a certified or
consulting arborist. Type II: Enclosure for street trees located in a p4mter strip: chain
link fence around the entire planter Strip to the outer branch~s. Type ID: Protection for
a tree located in a sm~ planter cutout only (such as downtown): orange plastic fencing
shall be wrapped aro~d the trunk from the ground to the :first branch with two-inch
wooden boards bound securely on the ·outside. Caution shall be used to avoid cjamaging
any bark or branches.
(3) Duration of Type I, II, Ill fencing. Fencing shall be erected before demolition, grading
or construction permits are issued and remain in place until the work is completed.
Contractor shall :first obtain the approval of the project arborist on record prior to
removing a tree protection fence.
Supp. No. 67 1996.12.1
§ 29.10.1005 LOS GATOS TOWN CODE
(4) Warning sign. Each tree fence shall have prominently displayed an eight and
one-half-inch by eleven-inch sign stating: 'Warning-Tree Protection Zone-This fence
shall not be removed and is subject to penalty according to Town Code 29.10.1025."
(b) All persons, shall comply with the following precautions:
(1) Prior to the commencement of con~uction, install the fence at the dripline, or tree
protection z~ne (TPZ) when specified in an approved arborist report, around any tree
and/or vegetation to be retained which could be affected by the construction and
prohibit any storage of construction materials or other materials, equipment cleaning,
or parking of vehicles within the TPZ. The dripline shall not be altered in any way so
as to increase the encroachment of the construction.
(2) Prohibit all construction activities within the TPZ, including but not limited to:
excavation, grading, drainage and leveling within the dripline of the tree unless
approved by the Director.
(3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials
within the dripline of or in drainage channels, swales o't Rreaa that may lead to the
dripline of a protected tree.
<1) Prohibit the attachment of wires, signs or ropes to any protected tree .
. __ ,, ---· ·----.. ·-··--·-··· ---· ·-.,___ .. ·--· --.. .. .. . ... . . . . --. . ·--·-· ---·-.... ·-··-··-... ··--
(5) Design utility services and irrigation lines to he located outside of the dripline when
feasible.
(6) Retain the services of a certified. or consulting arborist who shall serve as the project
arborist for periodic monitoring of the project site and the health of those trees to be
preserved. The project arborist shall be present whenever activities occur which may
pose a. potf'.ntial threat to the health of the trees to be preserved and shall document
all site visits.
(7) The Director and project arbotjst shall be notified of any damage ~t occurs to a
protected tree during construction so that proper treatment may be administered.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.1010. Pruning and maintenance.
All pruning shall be in accordance with the current version of the International Society of
Arboriculture Best Management Practices-Tree Pruning and ANSI ABOO-Part 1 Tree, Shrub
and Other Woody Plant Managernent--St.andard Practices, (Pruning) and any special condi-
tions as determined by the Dire~or. For developments, which require ~ tree preservation
report, a certified or consulting arborist shall be in reasonable charge of all activities involving
protected trees, including pruning, cabling and any other work if specified.
( 1) Any public utility installing or maintaining any overhead wires or underground pipes
or conduits in the vicinity of a protected tree shall obtain permission from the Director
before performing any work, including prwring, which may cause injury to a protected
tree (e.g. cable TV/fiber optic treni:hing, gas, water, sewer trench, etc.).
Supp. No. 67 1996.12.2
ZONING REGULATIONS § 29.10.1025
(2) Pruning for clearance of utility lines and energized conductors shall be performed in
compliance with the current version of the American National Standards Institute
(ANSDA300 (Part 1)-Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when
pruning, except where no other alternative is available, is prohibited.
(3) No person shall prune, trim, cut o:ff, or perform any work, on a single occasion or
cumulatively, over a three-year period, a:ffecting twenty-five percent or more of the
crown of any protected tree without first obtaining a permit pursuant to this division
except for pollarding of fruitless mulberry trees (Moru.s alba) or other species approved
by the 'lbwn Arborist. Applications for a pruning permit shall include photographs
indicating where pruning is proposed.
(4) No person shall remove any H~ritage tree. or large protected tree branch or root
through pruning or other method greater than four (4) inches in diameter (twelve and
one-half (12.5) inches in circumference) without first obtaining a pemµt pursuant to
this division.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.1015. No limitation of authority.
Nothing in this division limits or modifies the existing authority of the 'lbwn under Division
29 of Title 29 (Zoning Regulations), Title 26 (Public 'frees) or the Hillside Development
Standards and Guidelines to require trees and other plants to be identified, retained,
protected, and/or planted as conditions of the approval of development. In the event of confli.ct
betwe~ provisions of this division and conditions of any permit or other approval granted
pursuant to Chapter 29 or Chapter 26 of the Town Code or the Hillside Development
Standards and Guidelines. The D:!.ore protective requirements shall prevail.
(Ord. No. 2240, § I(Exh. ~), 6-2-15)
Sec. 29.10.1020. Responsibility for enforcement.
All officers an~ employees of the 'lbwn shall rei)ort violations of this division to the Director
of Community Development. Whenever an Enforcement Officer as defined in section 1.30.015
of the 'lbwn Code determines that a violation of this Code has occurred, the Enforcement
Officer shall have the authority to issue an administrative citation pursuant to the provisions
of section 1.30.020 of the 'lbwn Code.
Whenever an Enforcement Officer charged with the enforcement of this Code determines
that a violation of that provision has occurred, the Enforcement Officer shall have the
authority to issue an administrative citation to any person responsible for the violation.
(Ord. No. 2240, § I(Exh.. B), 6-2-15)
S ec. 29.10.1025. Enforcemen~Remedies for violation.
. . .
In addition to all other remedies set forth in this code or otherwise provided by law, the
following ·remedies shall be available to the 'Ibwn for violation of this division:
(1) Tree removals in absence of or in anticipation of development. If a violation occurs in
the absence of or prior to proposed development, then discretionary applications and/or
Supp. No. 67 1996.12.3
§ 29.10.1025 LOS GATOS TOWN CODE
building permit applications will not be accepted or processed by the '1bwn until the
violation has been remedied to the reasonable satisfaction of the Director. Mitigation
measures as det.ermined by the Director may be imposed as a condition of any
subsequent application approval or pernlit for development on the subject property. A
mitigation plan shall include specific measures for the prot.edion of any remaining
trees on the property, and shall provide for the replacement of each hillside tree that
·was removed illegally with a new tree(s) in the same locatioil(s) as those illegally
removed tree(s). The replacement ratio shall be at a greater ratio than that required
in accordance with the standards set forth in section 29.10.0985 of this division. If the
court or the Director directs a replacement tree or trees to be planted as part of the
remedy for the violation, the trees shall be permanently maintained in a good and
healthy condition. The property owner shall execute·a five-year writt.en maintenance
agreement with the 'lbwn. For those trees on public property, replacement is to be
determined by the Director of Community Development or by the Directm of Parks and
Public Works.
(2) Pending development applications. Incomplete applications will not be processed
further until the violation has been remedied. If an application ~s been deemed
complete, it may be denied .by the Director or forwarded to the Planning Commission
with ar.ecomniendation fordenialat the Director's discretion. MitigatiQll.Jl!ggure~ .~
determined by the director may be imposed as a condition of approval. A mitigation
plan shall include specific measures for the protect.ion of any remaining trees on the
property, and shall provide for the replacement of each hillside tree that was removed
illegally with a new tree(s) in the same location(s) as those illegally removed tree{s).
The replacement ratio shall be at a greater ratio th.an that required in accordance With
the standards set forth in section 29.10.0985 of this division. If the court or the Director
directs a replacement tree or trees to he planted as part of the remedy for the violation,
the trees shall be permanently maintained in a good and healthy condition. The
property owner shall execute a :five--year written maintenance agreement with the
'lbwn. For those trees on public property, replllcement is to be determined by the
Director of Community Development or by the llitector of Parks and Public Works.
{3) Projects under construction.
a. If a violation occurs during construction, the 'lbwn may issue a stop work order
suspending and prohibiting further activity on the property pursuant to the
grading, demolition, and/or building permit(s) (including construction, inspec-
tion, and issuance of certificates of occupancy) until a mitigation plan has been
filed with and approved by the Director, agreed to in writing by the property
owner(s) or the applicant(s) or both, and either implemented or guaranteed by the
posting of adequate security in the discretion of the Director. A mitigation plan
shall include specllic measures for the protection of any remaining trees on the
property, and shall provide for the replacement of each hillside tree that was
removed illegally with a new tree(s) in the same location(s) as those illegally
removed tree(s). The replacement ratio shall be at a greater ratio. than that
Supp. No. 67 i996.12.4
ZONING REGULATIONS § 29.10.1025
required in accordance with the standards set forth in section 29.10.0985 of this
division. If the court or the Director directs a rephicement tree or trees to be
planted as part of the remedy for the violation, the trees shall be permanently
maintained. in a good and healthy condition. The property owner shall execute a
five-year written maintenance agreement with the Tuwn. For those trees on
public property, replacement is to be detennined by the Director of Community
Development or by the Director of Parks and Public Works:
b. The violation of any provisions in this division during the conduct by any person
o~ a tree removal, landscaping, construction or other business in the Tuwn shall
constitute grounds for revocation of any business license issued to such person.
(4) Civil penalties. Notwithstanding section 29.20.950 relating to criminal penalty, any
person found to have violated section 29.10.0965 shall be liable to pay the Tuwn a civil
penalty as prescribed in subsections a . through d.
a. As part of a civil action brought by th~ 'lbwn, a court may assess against any
person who commits, allows, or maintains a violation of any provision of this
division a civil penalty in an amount not to exceed five thousand dollars per
violation.
b. Where the violation has resulted in removal of a protected tree, the civil penalty
shall be iri an amount not to exceed five thousand dollars ($5,000.00) per tree
unlaWfully removed, or the replacement value of each such tree, whichever
amount is higher. Such amount shall be payable to the 'Ibwn and deposited into
the Tree Replacement Fund. Replacement value for the purposes Of this section
shall be determin~ utilizing the most recent edition of the Guide for Plant
Appraisal, as prepared by the Council of Tree and Landscape Appraisers and the
Species and Group Classllication Guid_e published by the Western Chapter of the
International Society of Arboriculture.
c. If the court or the Director directs a replacement tree or trees to be planted as
part of the remedy for the violation, the trees shall be permanently maintained in
a good and healthy condition. The property owner shall execute a five-year
written maintenance agreement with the 'Ibwn.
d . The oost of enforcing this division, which shall include all costs, staff time, and
attorneys' fees.
(5) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel
the cessation of such violation.
(6) Costs. In any civil action brought pursuant to this division in which the Tuwn prevails,
the c~urt shall award to the 'Ibwn all costs of investigation and preparation for trial,
the costs of trial, reasonable expenses including overhead and administrative costs
incurred in prosecuting the action, and reasonable attorney fees.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Supp. No. 67 1996.12.5
§ 29.10.1030 LOS GATOS TOWN CODE
Sec. 29.10.1080. Fees.
The fee, as adopted by 'lbwn Resolution, prescribed therefore in the municipal fee schedule
shall accompany the removal or pruning permit application submitted to the 'lbwn for review
and evaluation pursuant to this division.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
Sec. 29.10.1035. Severability.
If any provision of this division or the application thereof to any person or circumstance is
held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other
provision of this division which can be given effect without the invalid provision or application,
and to this end the provisions of this division are declared to be severable.
(Ord. No. 2240, § l(Exh. B), 6-2-15)
Sec. 29.10.1040. Notices.
All notices required under this division shall conform to noticing provisions of the applicable
'lbwn Code.
(Ord. No. 2240, § l(Exh. B), f>.2-15)
sec-.-2n:w~I045. · Appem.
Any i,nterested person may appeal a decision of the direct9r purs~t to this division in
accordance with the procedures set forth in section 29.20.260 of the 'lbwn Code. All appeals
shall comply with the public noticing provisions of section 29.20.450 of the Town Code.
(Ord. No. 2240, § I(Exh. B), 6-2-15)
DMSION 3 . SIGNS
Sec. 29.10.100. Definitions.
The. fQllo~ w()!Ci~. t#._rms and phr~ses, wJien used in t}rls division~ sllal1 have the
meanings ascribed to them in this section, except where the co.utext clearly indicotcs a
different meaning:
Abandoned sign means a sign located on a. parcel of land or on a structure either of which
is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business
different from the present occupant of or business on the premises, a sign pertaining to a past
event or any sign abandoned as the term is used in state law.
Supp. No_ 67 1996-12.6
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