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