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Ord 1617 - Amending Zoning Ordinance Relating to Protection of Trees on Private Properties; Duties of Planning Director and the Director of Parks; "Zoning Approval"; SuperintendantORDINANCE NO. 1617 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO THE PROTECTION OF TREES ON PRIVATE PROPERTY AND TO THE RESPECTIVE DUTIES OF THE PLANNING DIRECTOR AND THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES THEREUNDER; RETITLEMENT OF SUPERINTENDENT OF PARKS AND FORESTRY; AND ADOPTING THE DEFINITION OF "ZONING APPROVAL" The Town Council of the Town of Los Gatos hereby ORDAINS: Carl-inn l Section 2.00.497 is hereby added to the zoning ordinance as follows: SEC.. 2.00.497: ZONING APPROVAL A zoning approval is one of those approvals set forth in Chapter 5.20. Section 2. Chapter 3.20 of the Zoning Ordinance of the Town of Los Gatos is hereby amended as follows: Cha pter 3.20 Tree Protection SEC. 3.20.010 INTENT Chapter 3.20 is adopted because the Town is forested by oak, bay, eucalyptus, sycamore, redwood, pine and other 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 Town, prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counter- act pollutants in the air, maintain climatic balance and decrease wind velocities. Trees contribute significantly to the value of land in the Town. It is the intent of these sections to regulate the removal of significant trees within the Town in order to retain as many trees as possible consistent with the purpose of these sec- tions and the reasonable use of private property. SEC. 3.20.015 DEFINITIONS For the purposes of Chapter 3.20, the definitions in sections 3.20.020 through 3.20.035 apply. SEC. 3.20.020: TREE Tree means a woody perennial plant, usually with one main stem or trunk, and many branches. It may appear to have several stems or trunks and is usually over 10 feet high at maturity. SEC. 3.20.025: SHRUB Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over 15 feet high at maturity. SEC. 3.20.030 TREE REMOVAL Tree removal means the removal of a tree including pruning. SEC. 3.20.035: PRUNING Pruning means the cutting or taking away of more than thirty -three percent (33 %) of the living foliage material (including branches) of a tree in any twelve (12) month period or as otherwise determined by the Director of Parks, Forestry, and Maintenance Services. SEC. 3.20.040 DETERMINATION OF DEFINITION In any case, the Director of Parks, Forestry, and Maintenance Services shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. Such determination shall be final and not subject to appeal. SEC. 3.20.045: SCOPE 0 ) This chapter shall apply to every property owner and to every person, corporation, partnership, sole proprietorship or other entity respon- sible for removing a tree. (2) The trees protected by this Chapter 3.20 are: (a) All trees which have a 35 inch or greater circumference of any trunk, or in the case of multi- trunk trees a total of 70 inches or more of the circumference of all trunks, where such trees are located on residential property. (b) All trees which have a 12 inch or greater circumference of any trunk, when removal relates to any transaction for which zoning approval or subdivision approval is required. (c) Any tree that existed at the time of a zoning approval or sub- division approval and was a specific subject of such approval or otherwise covered by subsection (2)(b) above. (d) Any tree that was required to be planted by the terms of a zoning approval or a subdivision approval. (e) All trees which have a 12 inch or greater circumference of any trunk and are located on a vacant lot or undeveloped property. (.f) All trees which have a 1.2 inch or greater circumference of any trunk and are located on commercial, office, or industrial developed property. -2- (3) Measurement of circumference for the purpose of applying section 3.20.045(2) shall be made with a taut tape, three feet above the ground. SEC. 3.20.050: PROHIBITIONS (1) Except as provided in sections 3.20.059(1) and (2), 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. (2) Except as provided in sections 3.20.055(1) and (2), it is unlawful for any person or business entity engaged in the business of removing trees or tree care to remove a tree without a permit under this Chapter 3.20. SEC. 3.20.055: EXCEPTIONS 3.20: The following tree removals are excepted from the provisions of this Chapter (1) Removal of orchard trees as. part of farming operations or upon order of the County Agricultural Inspector. (2) Removal in case of emergency when a tree is imminently hazardous or dangerous to life or property, on order of the Director of Parks, Forestry, and Maintenance Services. SEC. 3.20.060: APPLICATIONS FOR PERMIT The information on applications for tree removal permits shall include the number and location of the trees to be removed, showing the type of each and the reason for removal of each. Applications for tree removal may be granted, denied, or granted with conditions. SEC. 3.20.065: DETERMINATION ON PERMIT Except as hereafter provided, the Director of Parks, Forestry, and Maintenance Services shall recommend whether a tree removal permit shall be issued. The recom- mendation of the Director of Parks, Forestry, and Maintenance Services shall be made to the Planning Director, who shall determine the permit in accordance with the recommendation. When an application for any zoning approval, or subdivision of land is under consideration by the Planning Commission, the determination on the tree removal permit shall be made concurrently by the Planning Commission with the related matter. The deciding official or the deciding body may impose as a condition on which a permit is granted that one or more replacement trees of a species and a size designated by the Director of Parks, Forestry, and Maintenance Services be planted on public or private property. The person requesting the permit may also be required to pay the cost of obtaining and planting the replacement tree. SEC. 3.20.070: STANDARDS Each application shall be reviewed and determined in consideration of the following standards: -3- (1) The condition of the tree or trees with respect to disease, imminent danger of falling, proximity to existing or proposed structures, and structural damage caused by a tree. (2) 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. (3) 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. (4) The number of trees the particular parcel can adequately support according to good forestry practices. Section 3. Section 5.30.130 of the Zoning Ordinance is amended to read as follows: SEC. 5.30.130: GROUNDS FOR RE After the hearing the Commission may revoke or modify a zoning approval if it finds that one or more of the following grounds exist: (1) That the zoning approval was obtained by fraud; (2) That any person making use of, or relying upon the zoni.ng approval is violating or has violated any conditions of such zoning approval or of Chapter 3.20, or the use for which the zoning approval was granted is being, or has been, exer- cised contrary to the terms or conditions of such approval; or (3) That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or to, be a nuisance. When the Council holds a hearing to consider revocation of a building permit under section 7.01.155 of the Town Code, it may at the same time itself exercise the powers of the Commission under this section and section 5.30.130. In such case it shall comply with the notice requirements of both this section and section 7.01.160 of the Town Code. Section 4. Section 5.40.100 of the Zoning Ordinance is- amended to read as follows: SEC. 5.40.100: DEVELOPMENT REVIEW COMMITTEE A Development Review Committee is established for the Town. The members of the Development Review Committee who attend all of the Committee meetings are the Planning Director, the Town Engineer, the Building Official and the Director of Parks, Forestry, and Maintenance Services. The Fire Chief, Chief of Police,.Town Attorney and Health Officer are also members of the Development Review Committee, but each of them only attends meeti ;ngs when he determines that the matters under consideration require his attendance or when the Planning Director requests his attendance. -4- Cprtinn F Section 5.60.010 of the Zoning Ordinance is hereby amended as follows: SEC. 5.60.010: PLANNING DIRECTOR The Planning Director: (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Committee, Planning Director and Planning Department work, except records trans- mitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Committee and Commission agendas, sets Committee and Commis- sion hearing dates (subject to the requirements of this Ordinance) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certi-ficates,. horse permits and amateur horse events, home occupations and sign permits. (7) Determines revocations or modifications of animal permits and home occupation permits. (8) May refer any matter assigned by ordinance to him for decision to the Commission for decision. (9) Determines applications for sign approval when action is not required of the Council or Commission. (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry, and Maintenance Services to the extent provided in section 3.20.065. (11) Determines applications for section 3.65.020 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants. (13) Prepares and sends notifications required by statute to the county assessor. (14) Notifies applicants of hearings. (15) Keeps records of nonconforming signs and mails notices to owners of such signs. (16) Corrects Zoning Map. -5- (17) Keeps lists of nonconforming uses and buildings. (18) Reviews applications for construction permits for ordinance compliance. (19) Determines parking requirements for uses whose parking requirements are not specified. (20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of noncomforming one- or two - family dwellings. (22) Reviews all required parking lot screening. (23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee. (25) Assists in the writing of ordinances. (26) Determines whether lots have merged. con +inn F Section 5.60.040 of the Zoning Ordinance is amended to read as follows: SEC. 5.60.040 DIRECTOR OF PARKS, FORESTRY, AND MAINTENANCE SERVICES The Director of Parks, Forestry, and Maintenance Services: (1) Recommends to the Planning Director applications for tree permits to the extent provided in section 3.20.065. (2) Specifies special paving within driplines of trees parking lots. (3) Is a member of the Development Review Committee. Con'+inn 7 Section 5.70.055 of the Zoning Ordinance is hereby added as follows: SEC. 5.70.055: CIVIL PENALTIES Notwithstanding section 5.70.040 relating to criminal penalty, any person found to have violated section 3.20.050 shall be liable to pay the Town a civil penalty as follows: (1) Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of size or age of tree, with such number of similar trees as will provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, Forestry, and Main- tenance Services. Where similar replacement trees will not provide reasonably equivalent aesthetic quality, the Director of Parks, Forestry, and Maintenance Services shall calculate the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other Plants by the International Society of Arbori- culture and said value will be the civil penalty for violation of section 3.20.050 in addition to section 5.70.055(2). Where replant- ing cannot be accomplished to the satisfaction of the Director of Parks, Forestry, and Maintenance Services, the amount of the value of the removed tree shall be deposited into the Street Tree Deposit Account. (2) The cost of enforcing this Chapter, which shall include all costs, staff time, and attorneys' fees. (3) All replacement trees planted as required shall be maintained by the property owner maintenance agreement with the Town. Section 8. This ordinance was introduced at a regular Council of the Town of Los Gatos on Ma 7th the following vote as an ordinance of the Town of Lo by section 5.70.055(1) under a two -year written meeting of the Town 1984 and adopted by s Gatos at a regular meeting of the Town Council on May 21st 1984• AYES: COUNCILMEMBERS: Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: No ABSENT: COUNCILMEMBERS: None SIGNED: �__' OF E TO OF OS GAT OS ATTEST: CLERK OF THE TOWN - OF LOSrOS -7-