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ORDINANCE 2114 <br />AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE <br />TOWN CODE, CHAPTER 29, DIVISION 2, SECTION 29.10.0950 THROUGH 29.10.0985, TO REVISE <br />THE TREE PROTECTION ORDINANCE <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: <br />SECTION I <br />Town Code Chapter 29, Division 2 (sections 29.10.0950 through 29.10.0985) is deleted in its entirety. <br />SECTION 11 <br />Town Code Chapter 29, Zoning Regulations, Article 1, Division 2, Tree Protection, is hereby amended to read <br />as follows: <br />Sec. 29.10.0950. Intent. <br />This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus, Sycamore, <br />Redwood, Pine and other trees, and contains individual trees of great beauty. The health and welfare of the <br />citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town, <br />prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract <br />pollutants in the air, maintain climatic balance and decrease wind velocities. Trees contribute significantly <br />to the value of land in the Town. It is the intent of this division to regulate the removal of trees within the <br />Town in order to retain as many trees as possible consistent with the purpose of this section and the <br />reasonable use of private property. It is the intent of this Division to preserve as many Protected Trees as <br />possible throughout the Town through staff review and the development review process. This section does <br />not supersede the provisions of Division 26 of this Code. <br />Sec. 29.10.0955. Definitions. <br />The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them <br />in this section. <br />Building envelope means the area of a parcel that (1) upon which, under applicable zoning regulations, a <br />structure may be built outside of required setbacks without a variance or; (2) is necessary for the construction <br />of primary access to structures located on the parcel, where there exists no feasible means of access which <br />would avoid Protected Trees. On single- family residential parcels, the portion of the parcel deemed to be the <br />building envelope access shall not exceed ten (10) feet in width. <br />Certified or consulting arborist means an individual in the profession of arboriculture who, through <br />experience, education, and related training, possesses the competence to provide a tree report, tree survey or <br />supervise the care and maintenance of trees; and who is certified by the International Society of Arboriculture, <br />a member of the American Society of Consulting Arborists or approved by the Director. <br />Dangerous means a tree, which is an imminent hazard or threat to the safety of persons or property as <br />determined by a certified arborist or the deciding body. <br />Page 1 of 14 <br />