Ord 2240 - Amend Chapter 26 (Trees and Shrubs) and Chapter 29 (Zoning Regulations)ORDINANCE 2240
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 26 (TREES AND SHRUBS) AND CHAPTER 29
(ZONING REGULATIONS) OF THE TOWN CODE
WHEREAS, in 2003, the Town of Los Gatos implemented a comprehensive update of the
Tree Protection Ordinance, which is set forth in Chapter 29 of the Town Code, which is a component
of the Town's Zoning Ordinance ; and
WHEREAS, one of the Town Council's Strategic Goals for 2014 -2016 is to establish a
Heritage Tree definition and to update the 25% pruning regulations in the Town's Tree Protection
Ordinance; and
WHEREAS, Chapter 26 of the Town Code regulates the planting, maintenance and removal
of trees in the public right -of -way; and
WHEREAS, a comprehensive review of both Chapter 26 —Trees and Shrubs, and Chapter
29, Article I, Division 2 —Tree Protection of the Town Code has been conducted by staff; and
WHEREAS, a number of revisions to Chapter 26 and Chapter 29 have been recommended
by staff to strengthen the Town's Tree Protection Ordinance; and
WHEREAS, the proposed changes to Chapter 26 and Chapter 29 have been reviewed by the
Town's consulting arborist, Town Attorney, Community Development Department and Parks and
Public Works Department; and
WHEREAS, on February 11, 2015, the Planning Commission held a public hearing to
consider the proposed changes and continued said hearing to March 25, 2015 and scheduled a
workshop to discuss the proposed code amendments; and
WHEREAS, on March 4, 2015, the Planning Commission held a workshop to discuss the
proposed code amendments; and
WHEREAS, on March 25, 2015, the Planning Commission held a subsequent public hearing
to consider the proposed code amendments and after thorough deliberation, determined that the
proposed amendments to the Town Code would strengthen the Town's commitment to maintaining a
vibrant and healthy urban forest and recommended proposed code amendments to the Town Council.
WHEREAS, the Planning Commission received staff reports and considered public
testimony on the proposed code amendments at the three meetings that were held; and
WHEREAS, the proposed code amendments are consistent with the General Plan and its
Elements.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 26 is amended to read as set forth in Exhibit A and Town Code Chapter
29 is amended to read as set forth in Exhibit B attached hereto and made a part thereof.
SECTION II
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held
to be unconstitutional, such decision shall not affect the validity of the other remaining portions of
this ordinance. The Town Council hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsection, sentences, clauses, or phrases be declared unconstitutional.
SECTION III
With respect to compliance with the California Environmental Quality Act
( "CEQA "), the Town Council finds as follows:
A. This ordinance is not subject to review under CEQA pursuant to section and
15061(b)(3) because the project could not possibly have a significant impact on the environment.
SECTION IV
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on May 19, 2015 and adopted by the following vote as an ordinance of the Town of Los Gatos
at a meeting of the Town Council of the Town of Los Gatos on June 2, 2015. This ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN CODE
Chapter 26 – PUBLIC TREES
ARTICLE I. IN GENERAL
Sec.
26.10.010.
Definitions.
Sec.
26.10.015.
Purpose of chapter.
Sec.
26.10.020.
Applicability of chapter.
Sec.
26.10.025.
Enforcement of chapter.
Sec.
26.10.030.
Master street tree list.
Sec.
26.10.035.
Planting of trees limited to those on master street tree list.
Sec.
26.10.040.
Planting procedure — Generally.
Sec.
26.10.050.
Abuse, mutilation, etc., of trees prohibited.
Sec.
26.10.055.
Certain trees, etc., declared a public nuisance.
Sec.
26.10.060.
Maintenance and removal of trees.
Sec.
26.10.065.
Obstructions at corners of intersecting streets.
Sec.
26.10.070.
Appeals.
Sec. 26.10.010. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Director means the Director of Parks and Public Works or the Director's designated representative.
Owner of the property means the person who is the owner of the fee simple title of the property on
which a street tree is planted.
Parkway strip means that public area between the curb and the sidewalk, or between the sidewalk
and the property line on a public street.
Public place means any road or street, or public school, 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
control, or maintained at public expense, or which the Town or the County of Santa Clara, or the State of
California, or the United States, as the case may be, owns some or all interest or which it leases.
Public street means all or any portion of territory within the Town set apart and designated for the
use of the public as a thoroughfare for travel, including the sidewalks, curb and gutter.
strip. Street trees means those trees in a public place, or along or within a public street or within a parkway
(Code 1968, § 31 -1)
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Sec. 26.10.015. Purpose of chapter.
It is for the best interests of the Town that a comprehensive plan for the planting, maintenance and
removal of trees in, or which may overhang, public streets within the Town should be developed and
established; and this chapter is adopted for the purpose of developing and providing for such a plan and
program, and for the purpose of establishing rules and regulations relating to the planting, maintaining
and removal of such trees.
(Code 1968, § 31 -2)
Sec. 26.10.020. Applicability of chapter.
This chapter is intended to give, and does hereby give, full and complete authority to the Director, or
the Director's authorized agent, over all trees planted and growing, or to be planted and grown, upon or
overhanging any streets, public places and parkways in the Town. The provisions of this chapter are not
superseded by Chapter 29 of this Code.
(Code 1968, § 31 -3)
Sec. 26.10.025. Enforcement of chapter.
The Director shall have jurisdiction and control over the planting, setting out, location, selection and
placement of all trees in the public streets of the Town, and shall likewise have supervision, direction and
control of the care, trimming, removal, relocation and replacement thereof.
(Code 1968, § 31 -4)
Sec. 26.10.030. Master Street Tree List.
(a) A Master Street Tree List shall be established by resolution of the Town Council.
(b) A copy of the Master Street Tree List shall be kept on file in the office of the Director. Revisions,
additions or changes in the Master Street Tree List may be made from time to time by resolution of the
Town Council. Additional tree varieties may be used at the discretion of the Director in conjunction with
new tree introductions recommended by urban forestry and horticultural organizations, research
foundations and educational institutions.
(Code 1968, § 31 -5)
Sec. 26.10.035. Planting of trees limited to those on Master Street Tree List.
Only those trees which are designated on the Master Street Tree list and which are approved by the
Director shall be planted along the public streets of the Town.
(Code 1968, § 31 -8)
Sec. 26.10.040. Planting procedure — Generally.
No person shall plant or set out any tree in or along a public street without first filing an application
and procuring a written permit to do so from the Director. In such an event, the Director may require that
the person to whom such permit is granted either deposit per tree an amount established by the Council
from time to time by resolution with the Director, who shall then plant approved trees, or plant approved
trees subject to the control of the Director, as provided in section 26.10.025. No person shall place or
maintain shrubs or plants in a parkway strip in such a manner that they restrict the growth of, or
potentially harm, a street tree.
Page 2
(Code 1968, § 31 -9)
Sec. 26.10.050. Abuse, mutilation, etc., of trees prohibited.
No person shall do any of the following:
(1) Damage, cut, carve or injure the bark of any street tree;
(2) Attach any sign, wire or injurious material to any street tree;
(3) Cause or permit any unshielded wire charged with electricity to come in contact with any street
tree;
(4) Allow any gaseous, liquid or solid substance harmful to trees to come in contact with the roots,
leaves, bark or any part of any street tree;
(5) Construct concrete, asphalt or brick paving, or otherwise fill up the ground area, within four (4)
feet of any tree, so as to shut off air, light or water from its roots, without written permission
from the Director.
(Code 1968, § 31 -11)
Sec. 26.10.055. Certain trees, etc., declared a public nuisance.
(a) 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 Town, 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.
(b) Any Sweet Gum (Liquidambar syraciflua) planted in a parkway strip that has created, or will
imminently create, persistent and uncontrollable damage to the sidewalk, curb and gutter, pavement, or
adjacent private property that cannot be reasonably remedied through root pruning or other accepted
arboricultural means is hereby declared to be a public nuisance.
(Code 1968, § 31 -12)
Sec. 26.10.060. Maintenance and removal of trees.
(a) The Department of Parks and Public Works is responsible for inspection, maintenance, removal and
replacement of all trees in public places and parkways. No person shall trim or prune any tree in the
public right -of -way without written authorization from the Director. When a tree in a parkway does not
constitute an immediate danger to persons or property, the Director shall not remove it without giving at
least ten (10) days' written notice to the owner of the property, or if the tree is located on a parkway
owned in fee by the Town, to the owner of the nearest abutting property, and posting notice of removal on
or near the tree.
(b) Maintenance of trees, as authorized in subsection (a) of this section includes, but is not limited to,
root pruning to prevent damage to sidewalks and curbs or to permit repair of such damage, and pruning
of limbs to compensate for root removal.
(c) The Director may remove limbs from any tree regardless of the location of the tree upon a finding
that the removal is necessary in the interest of public safety. If such tree is on private property and does
not come within the provisions of section 26.30.010, the Director shall not remove any such limbs without
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giving at least ten (10) days' written notice to the owner of the property, and posting notice of removal on
or near the tree.
(d) Nothing in this chapter shall be deemed to impose any liability upon any member of the Town
Council, or the Town or any of its officers or employees, or to relieve the owner and the occupant of any
private property from the duty to keep the property, and the sidewalks and parkway in front of the property
in a safe condition, and not hazardous for public travel.
(e) Whenever a property owner wishes to have a tree removed from a parkway planted thereon by the
Town, the owner shall apply to the Director for a permit for removal. The Director shall determine whether
to issue the permit and whether the work of removal is to be done by the Town. If the tree is found to be
in good condition and the permit is granted primarily for the convenience of the applicant, then the full
cost and responsibility of such removal shall be borne by the applicant including replanting of a new street
tree. Where replanting is impractical or infeasible, the adjacent property owner may pay an in -lieu fee in
an amount approved by resolution of the Town Council.
(f) Removal of street trees shall be subject to the Standards of Review set forth in Sec. 26.10.062 and
the Required Findings set forth in Section 26.10.063 of this Chapter of the Town Code.
(g) All street trees removed pursuant to this Chapter shall be replanted with a tree selected from the
approved Master Street Tree List suitable and complimentary to the location, except where replanting is
not feasible due to modifications to the public improvements or infrastructure associated with an approved
project.
(h) Notices as required by this section may be given in the manner provided in section 26.30.015.
(Code 1968, § 31 -13)
Sec. 26.10.062. 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 intended to serve as criteria
for evaluating tree removal requests and provide the basis upon which the Director will subsequently
determine whether or not one or more of the required findings listed in Section 26.10.063 can be made.
(1) The condition of the tree or trees with respect to disease, imminent danger of falling or
structural failure, proximity to existing or proposed structures, structural damage to a building or
a public nuisance caused by a tree. The International Society of Arboriculture (ISA) Best
Management Practices for Tree Risk Assessment shall be used where appropriate in
determining a Tree Risk Rating.
(2) The condition of the tree giving rise to the removal request 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 street frontage or adjacent parcel can adequately support according to
good urban forestry practices, or whether the tree proposed for removal is a detriment to or
crowding other trees, including Heritage Trees or other protected trees as defined in Chapter
29 of the Town Code.
(5) Whether the removal of the tree and replanting with a different species will help promote a more
unified street tree canopy.
(6) The species, size (diameter, canopy, height), estimated age and location of the tree.
(7) The impact of the tree on the adjacent property and the adjacent public improvements,
including sidewalks, curb, gutter, pavement, drainage, lighting, or traffic control devices.
(Ord. No. 2114, §§ I, Il, 8 -4 -03)
Page 4
Sec 26.10.063. Required Findings.
The Director, Director's designee, or deciding body shall approve a street tree removal permit only
after making at least one of the following findings:
(1) The tree is dead, severely diseased, decayed or disfigured to such an extent that the tree is
unable to recover or return to a healthy and structurally sound condition.
(2) The tree or some of its major component parts present a clear safety hazard that cannot be
controlled or remedied through preventative procedures or pruning within ISA guidelines.
(3) The tree is crowding other trees to the extent that removal 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 adjacent property or creates an
unusual hardship for the adjacent property owner by severely limiting the use of the property in a
manner not typically experienced by owners of similarly situated properties, and the applicant
has demonstrated to the satisfaction of the Director that there are no reasonable alternatives to
preserve the tree.
(5) The 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) The removal of the tree is necessary to repair a geologic hazard.
(8) The removal of the tree has been approved by the Town Council as part of an approved Capital
Improvement Project.
(9) The removal of the tree has been approved by the Town Council, Planning Commission, or DRC
as part of an approved development project.
(10) The tree is interfering with the use and function of public sidewalks, curb and gutter, pavements,
or other public improvements and cannot be retained through root pruning or reasonable
modifications of the affected public improvements,
(11)The tree is of a species, size or character such that removal and replacement with a more
appropriate tree species will enhance the Town's urban forest.
(12)The tree has been declared a public nuisance pursuant to Section 26.10.055 of this Chapter.
Sec. 26.10.065. Obstructions at corners of intersecting streets.
The owner or occupant of any corner lot or premises in the Town shall keep trees, hedges and
growth at the corners of intersecting streets, whether between the curb line and the private lot line, or
within the private lot or premises, so trimmed that the height of the same shall not exceed three (3) feet
above the curb level for a distance of thirty (30) feet measured horizontally in any direction from the point
of intersection of the property lines at street corners; provided, that trees whose main trunks are exposed
to a height of seven and one -half (7%) feet above the curb need not be so trimmed or cut.
(Code 1968, § 31 -15)
Page 5
Sec. 26.10.070. Appeals.
(a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015, and
26.10.060(a) and (c) (in instances involving trees located on private property only), and 26.10.060(e), and
26.30.010 concerning notices to cut down, trim or remove a tree, only, are appealable to the Parks
Commission. Appeals shall be commenced by filing a written notice of appeal with the Secretary of the
Parks Commission within ten (10) days after the property owner or possessor of land is notified of the
decision. The notice of appeal shall state the name and address of the appellant, the location of the tree,
including the street address of the property most likely to assist in locating the tree if there is such
address, a description sufficient to identify the tree, describe the specific action of the Director which is
the subject of the appeal, and state the grounds for the appeal.
(b) Determinations of the Parks Commission under the provisions of this chapter, including
determinations on appeal from decisions of the Director, are appealable to the Town Council. Appeals
shall be commenced by filing a written notice of appeal with the Town Clerk within ten (10) days after the
property owner or possessor of land is notified of the decision. The notice of appeal shall state the name
and address of the appellant, shall describe the determination or decision appealed from, and shall state
the grounds for appeal.
(c) Any interested person may appeal.
(d) All appeals under the provisions of this chapter shall be determined after hearing by the appellate
body of all of the evidence concerning the determination from which the appeal is taken.
(Code 1968, § 31 -16; Ord. No. 2018, § III, 8 -5 -96)
S:\Adopted Reso -Ords \Community Dev -CDD \2015 Ord inances \TreeCh26AmendmentsExA.docx
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TOWN CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE 1. - IN GENERAL
DIVISION 2. TREE PROTECTION
Sec.
29.10.0950.
Intent.
Sec.
29.10.0955.
Definitions.
Sec.
29.10.0960.
Scope of protected trees.
Sec.
29.10.0965.
Prohibitions.
Sec.
29.10.0970.
Exceptions.
Sec.
29.10.0975.
Emergency action.
Sec.
29.10.0980.
Applications for a tree removal permit.
Sec.
29.10.0982.
Applications for Heritage and large protected tree pruning permit.
Sec.
29.10.0985.
Determination and conditions of permit.
Sec.
29.10.0987.
Special Provisions — Hillsides
Sec.
29.10.0990.
Standards of review.
Sec
29.10.0992.
Required Findings.
Sec.
29.10.0994.
Additional procedures for Heritage and large protected tree removal or pruning permits.
Sec.
29.10.0995.
Disclosure of information regarding existing trees.
Sec.
29.10.1000.
New property development.
Sec.
29.10.1005.
Protection of trees during construction.
Sec.
29.10.1010.
Pruning and maintenance.
Sec.
29.10.1015.
No limitation of authority.
Sec.
29.10.1020.
Responsibility for enforcement.
Sec.
29.10.1025.
Enforcement — Remedies for violation.
Sec.
29.10.1030.
Fees.
Sec.
29.10.1035.
Severability.
Sec.
29.10.1040.
Notices.
Sec.
29.10.1045.
Appeals.
Sec. 29.10.0950. Intent.
This division is adopted because the Town 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 Town, prevent erosion of
topsoil, provide protection against flood hazards and risk of landslides, counteract 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 this division to regulate the removal of trees within the Town 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
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the Town 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 - hillside areas of the Town. This section does not
supersede the provisions of Chapter 26 of this Code.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0955. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section.
Building enve lope means the area of a parcel (1) upon which, under applicable zoning regulations, 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 ten 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 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 Town which requires a subdivision,
rezoning, planning permit, variance, use permit, building permit, demolition permit, grading permit or other
Town approval or which involves excavation, landscaping, construction or clearing and grubbing within
the dripline or any area that would affect a protected tree.
Diameter means measurement of the trunk diameter for the purpose of applying this section shall be
made 4.5 feet (54 inches) above natural grade. Measurement of multi - trunked trees shall be determined
by the sum of all trunk diameters measured at 4.5 feet (54 inches) above natural grade.
Director means the Director of Community Development or the Director's designated representative.
Dripline area means the area around the trunk of the tree extending out a distance ten times the
diameter of the trunk, or the perimeter of the tree canopy, whichever is greater.
Heritage tree means a tree or grouping of
Council, upon the recommendation of the Historic
aesthetic, biological, cultural, or historic value and
community,
ees specifically designated by action of the Town
Preservation Commission, that possess exceptional
is expected to have a continuing contribution to the
Hillside means all properties located within the area defined by the hillside area map as contained in
the Town 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 any
other species of tree with a 48 inch or greater diameter (150 inch circumference).
Multi -trunk tree means a tree that has more than one major supporting stem or trunk growing from a
single root mass located at ground level or just above the trunk flare.
Native means any tree that is found in the immediate natural habitat. For instance, redwood trees
are native to the Santa Cruz Mountains but they are not native to the oak woodlands and chaparral areas
of Los Gatos.
Pollarding means 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 2 inches in
Page 2
diameter and is only allowed without a permit on fruitless mulberry trees (Morus alba) or other species
approved by the Town Arborist.
Protected tree means a tree regulated by the Town of Los Gatos as set forth in Section. 29.10.0960,
Scope of protected trees.
Pruning means the selective removal of plant parts to meet specific goals and objectives, including
but not limited to: safety and risk reduction; clearance; health maintenance; aesthetic improvement;
growth control; and to enhance performance or function by developing and preserving tree structure and
health. All pruning shall be in accordance with the current version of the International Society of
Arboriculture Best Management Practices —Tree Pruning and ANSI A300 -Part 1 Tree, Shrub and Other
Woody Plant Management— Standard Practices, (Pruning).
Public nuisance, 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 Town, 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 any road or street, or public school, 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
control, or maintained at public expense, or which the Town or the County of Santa Clara, or the State of
California, or the United States, as the case may be, owns some or all interest or which it leases.
Public street means all or any portion of territory within the Town 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 its health; including but not limited to severe pruning, cutting, girdling, poisoning,
overwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the
grade, or paving within the dripline area of a tree.
Severe pruning means topping 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 as set forth in the current version of the International Society of
Arboriculture Best Management Practices —Tree Pruning and ANSI A300 -Part 1 Tree, Shrub and Other
Woody Plant Management— Standard Practices, (Pruning). Severe Pruning shall also include pruning as
described in Section 29.10.1010 (3) of this Chapter.
Shrub means a bushy, woody 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 determining 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 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.
Topping 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.
Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi
stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at
maturity.
Page 3
Tree canopy replacement standard means a replacement tree formula to mitigate removal of a
protected tree. The standard 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 enclosure under the tree's
dripline or as specified in a report prepared by a certified or consulting arborist. The TPZ 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.
Tree Risk Rating means a categorization of risk based on an assessment of the likelihood of failure
and impact 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 International Society of Arboriculture (ISA) Tree Risk Assessment Best
Management Practices Tree Risk Rating Matrix, which categorizes risk as Extreme, High, Moderate or
Low.
Tree 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 Arboriculture
(ISA).
Trunk 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 flare 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. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0960. Scope of protected trees.
This division shall apply to every property 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.
(2) All trees which have an eight -inch or greater diameter (twenty- five -inch circumference) of any
trunk or in the case of multi -trunk trees, a total of eight inches or greater 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 douglasil)
b. Black Oak (Quercus kellogii)
c. California Buckeye (Aesculus californica)
d. Pacific Madrone (Arbutus menziesh)
(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.
Page 4
(5) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific
subject of such approval or otherwise covered by subsection (6) of this section (e.g., landscape
or site plans).
(6) Any tree that was required by the Town to be planted or retained by the terms and conditions of
a development application, building permit or subdivision approval in all zoning districts, tree
removal permit or code enforcement action.
(7) All trees, which have a four -inch or greater 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 20.10.0994:
a. Heritage trees
b. Large protected trees
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0965. Prohibitions.
Except as provided in section 29.10.0970, it shall be unlawful:
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a
permit pursuant to this chapter.
(2) To prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three -
year period, affecting twenty -five percent or more of any protected tree without first obtaining a
permit pursuant to this chapter.
(3) To prune, trim, or cut any branch or root greater than four (4) inches in diameter (12.5 inches in
circumference) of a Heritage tree or large protected tree without first obtaining a permit pursuant
to this chapter.
(4) To conduct severe pruning as defined in Sec. 29.10.0955 without first obtaining a permit
pursuant to 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. 2114, §§ I, ll, 8 -4 -03)
Sec. 29.10.0970. Exceptions.
The following trees are excepted from the provisions of this division and may be removed or severely
pruned without Town approval or issuance of a tree removal permit:
Page 5
(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 24 inches in diameter (75 inches in circumference):
Black Acacia (Acacia 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 Phoenix canariensis)
Privet (Ligustrum lucidum)
(Ord. No. 2114, §§ I, II, 8 -4 -03)
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 after business hours and request authorization of the proposed emergency action,
including removal or severe pruning.
(2) Emergency action may be authorized by the Director, Town Manager, Parks and Public Works
Director, Town 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.
(3) No later than 72 hours after the emergency action has been taken the property owner shall
submit photo documentation and written verification to the Town confirming the emergency
condition and describing the action taken.
If the Director determines that the condition was not reasonably determined to have been an
emergency requiring immediate action, the person responsible for removing or damaging the protected
tree shall be subject to fines and penalties as set forth in section 29.10.1025.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0980. Applications for a tree removal or severe pruning permit.
Applications for a protected tree removal or severe pruning permit for trees on private property shall
be available from and filed with the Town 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 Town Code.
Applications for tree removal or severe pruning on private property may be granted, denied or granted
with conditions. Application submittals for removal or severe pruning of trees on private property shall
include the following 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
Town's Standards of Review.
(3) Photograph(s) of the tree(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 the Town. The report shall be signed by the arborist
and include tree size (diameter, height, crown spread); location on the site; numbered on a site
Page 6
plan or arborists tree survey (if there is more than one 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
successor document published by the International Society of Arboriculture . Other information,
images, etc. may be included in the report.
(5) If structural damage to a building, major landscape 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 modifications to
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 Town resolution.
(Ord. No. 2114, §§ I, Il, 5 -4 -03)
Sec. 29.10.0982. Applications for Heritage and large protected tree pruning 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 Town. Applications for pruning may be granted, denied or granted with conditions.
Application submittals under this section shall include the following minimum information for staff 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 consistent with International Society of Arboriculture Best Management
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, major 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 Town resolution.
Sec. 29.10.0985. 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 discretion. When a development application for any zoning
approval, or subdivision of land, including lot line adjustment, 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 Director or the deciding body shall impose, except when
removal is permitted if the tree is dead or a Tree Risk Rating of Extreme or High is present, as a condition
on which a protected tree removal permit is granted that two or more replacement trees of a species and
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 The 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.
Page 7
(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 Town Council by resolution shall be paid to the Town Tree Replacement
Fund to:
a. Add or replace trees on public property in the vicinity of the subject property; or
b. Add or replace trees or landscaping on other Town property; or
c. Support the Town's urban forestry management program.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Table 3 -1 - Tree Canopy - Replacement Standard
Canopy Size of Removed Tree'
10 feet or less
More than 10 feet to 25 feet
More than 25 feet to 40 feet
More than 40 feet to 55 feet
Greater than 55 feet
Notes
Replacement
Requirement2A
Two 24 inch box trees
Three 24 inch box trees
Four 24 inch box trees; or
Two 36 inch box trees
Six 24 inch box trees; or
Three 36 inch box trees
Ten 24 inch box trees; or
Five 36 inch box trees
Single Family Residential
Replacement Option 1A
Two 15 gallon trees
Three 15 gallon trees
Four 15 gallon trees
Not Available
Not Available
'To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine
canopy size.
2Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case,
the tree may be replaced with a combination of both the Tree Canopy Replacement Standard and
in -lieu payment in an amount set forth by Town Council resolution paid to the Town Tree
Replacement Fund.
'Single Family Residential Replacement Option is available for developed single family residential
lots under 10,000 square feet that are not subject to the Town's Hillside Development Standards
and Guidelines. All 15- gallon trees must be planted on -site. Any in -lieu fees for single family
residential shall be based on 24" box tree rates as adopted by Town Council.
°Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the
available planting location, proximity to structures, overhead clearances, soil type, compatibility with
surrounding canopy and other relevant factors. Replacement with native species shall be strongly
encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development
Standards and Guidelines Appendix A and Section 29.10.0987 Special Provisions -- Hillsides.
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 Town's identity, character and charm. In order to maintain and
Page 8
encourage restoration of the hillside environment to its natural state, the Town has established the
following special provisions for tree removal and replacement in the hillsides:
(1) All protected trees located 30 or more feet from the primary residence that are removed shall be
replaced with native trees listed in Appendix A Recommended Native Trees for Hillside Areas of
the Town of Los Gatos Hillside Development Standards and Guidelines (HDS &G).
(2) All protected trees located within 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 listed 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 listed in Appendix A may be planted anywhere on the property.
(d) Replacement trees not listed in Appendix A may only be planted within 30 feet of the primary
residence.
(3) Replacement requirements shall comply with the requirements in Table 3 -1 Tree 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.
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 intended to serve as criteria
for evaluating tree removal requests and the basis upon which the Director or the deciding body will
subsequently determine whether or not one 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 International Society of Arboriculture
(ISA) Best Management Practices for Tree Risk Assessment shall be used where appropriate in
determining a Tree Risk Rating.
(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 adequately support according to good urban
forestry practices, or whether a protected tree is a detriment to or crowding another protected
tree.
(5) 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 protected tree would result in
reduction of the otherwise - permissible building envelope by more than twenty -five (25) percent.
(7) The Hillside Development Standards and Guidelines.
Page 9
(8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's
aesthetic and biological significance; the topography of the land and the effect of the removal of
the tree on erosion, soil retention, or diversion or increased flow of surface waters.
(9) Whether the Protected Tree has a significant impact on the property. Significant impact from a
tree is defined in Sec. 29.10.0955. Definitions.
(10) The species, size (diameter, canopy, height), estimated age and location on the property of the
protected tree.(Ord. No. 2114, §§ I, II, 8 -4 -03)
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 pruning permit for Heritage trees or large protected trees only after making at
least one of the following findings:
(1) The tree is dead, severely diseased, decayed or disfigured to such an extent that the tree is
unable to recover or return to a healthy and structurally 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 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) The 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
Town's urban forest.
Sec. 29.10.0994 Additional procedures for Heritage and large protected tree removal or
pruning permits.
(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 set of stamped, addressed envelopes
for neighboring residents and property owners. The Planning Department will assist the
Page 10
applicant in determining the properties to be notified (all properties abutting the applicant's
parcel, properties directly across the street and the two parcels on each side of it).
(3) The Director shall review the application using the Standards 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
there is an objection. Any interested party shall have ten days from the date of the "Notice of
Pending Issuance of Tree Removal or Pruning Permit" to notify the Director in writing of any
concerns or problems.
(5) If a written objection is not filed within the ten -day period, the permit will be 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 10 days, the objecting party shall be so advised and shall be
provided an additional 5 days to file a formal appeal of the tree removal or pruning permit with
the Town, 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.
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 be accompanied 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 (diameter, canopy,
dripline area, height), and location.
(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 including 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 division.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the
removal of or impact to one 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
Page 11
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 the 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 writing or as shown on approved plans, which trees are
recommended for preservation (based on a retention rating 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 staff report to
the Town 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 certified or consulting arborist. The report, based on
the findings of the tree survey plan and other relevant information, shall be used to determine the health
and structure of existing trees, the effects of the proposed development and vegetation removal upon the
trees, recommendations for specific precautions necessary for their preservation during all phases of
development (demolition, grading, during construction, landscaping); and 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 in section
29.10.1005:
(1) The final approved tree preservation report shall be included in the building permit set of
development plans and printed on a 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 Town reviewing
body may determine if any of the trees recommended for preservation should be removed, if
based upon the evidence submitted the reviewing body determines that due to special site
grading or other unusual characteristics associated with the property, the preservation of the
tree(s) would significantly preclude feasible development of the property as described in section
29.10.0990;
(3) Approval of final site or landscape plans by the appropriate Town reviewing 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, whichever occurs first, secure an appraisal of the condition and
value of all trees included in the tree report affected 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
expense, 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
Page 12
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 developer 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 development. The report shall note the 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 the health and
survival of all trees within the development for a period of five (5) years following acceptance of the public
improvements of the development or certificate of occupancy.
(e) Prior to issuance of any demolition, grading or building permit, the applicant or contractor shall
submit to the Building Department a written statement and photographs verifying that the required tree
protection fence is installed around street trees and protected trees in accordance with the tree
preservation report.
(f) If required by the Director and conditioned as part of a discretionary approval, a security guarantee
shall be provided to the Town. 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, or 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 damaged.
(g) An applicant with a proposed development which requires underground utilities 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 existing 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. 2114, §§ I, II, 8 -4 -03)
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 10 -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 fenced. Type I: Enclosure with chain link fencing of either 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 planter strip: chain link fence around the entire
planter strip to the outer branches. Type III: Protection for a tree located in a small planter
cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from
the ground to the first branch with 2 -inch wooden boards bound securely on the outside.
Caution shall be used to avoid damaging any bark or branches.
(3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or
construction permits are issued and remain in place until the work is completed. Contractor shall
Page 13
first obtain the approval of the project arborist on record prior to removing a tree protection
fence.
(4) Warning sign. Each tree fence shall have prominently displayed an 8.5 x 11 -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 construction, install the fence at the dripline, or tree protection
zone (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 or areas that may lead to the dripline of a protected
tree.
(4) Prohibit the attachment of wires, signs or ropes to any protected tree.
(5) Design utility services and irrigation lines to be 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 potential threat to the
health of the trees to be preserved and shall document all site visits.
(7) The Director and project arborist shall be notified of any damage that occurs to a protected tree
during construction so that proper treatment may be administered.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
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 A300 -Part 1 Tree, Shrub and Other
Woody Plant Management— Standard Practices, (Pruning) and any special conditions as determined by
the Director. For developments, which require a 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 pruning, which may cause injury to a protected tree. (e.g. cable TV /fiber optic
trenching, gas, water, sewer trench, etc.).
(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 (ANSI) A300 (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 off, or perform any work, on a single occasion or cumulatively,
over a three -year period, affecting 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 (Morus a /ba) or other species approved by the Town Arborist. Applications for a
pruning permit shall include photographs indicating where pruning is proposed.
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(4) No person shall remove any Heritage tree or large protected tree branch or root through pruning
or other method greater than four (4) inches in diameter (12.5" in circumference) without first
obtaining a permit pursuant to this division.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1015. No limitation of authority.
Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title
29 (Zoning Regulations), Title 26 (Public Trees) 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 conflict between 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 more protective requirements shall prevail.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1020. Responsibility for enforcement.
All officers and employees of the Town shall report violations of this division to the Director of
Community Development. Whenever an Enforcement Officer as defined in Section 1.30.015 of the Town
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 Town
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. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1025. Enforcement — 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 Town 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 building
permit applications will not be accepted or processed by the Town until the violation has been
remedied to the reasonable satisfaction of the Director. Mitigation measures as determined by
the Director may be imposed as a condition of any subsequent application approval or permit
for development on the subject property. A mitigation plan shall include specific 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 required in
accordance with the standards set forth in Sec. 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 written maintenance agreement with the Town. For those trees on
public property, replacement is to be determined by the Director of Community Development or
by the Director 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 has been deemed complete, it may be denied
by the Director or forwarded to the Planning Commission with a recommendation for denial at
the Director's discretion. Mitigation measures as determined by the director may be imposed as
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a condition of approval. A mitigation plan shall include specific 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 required in accordance with
the standards set forth in Sec. 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 written maintenance agreement with the Town. For those trees on public property,
replacement is to be determined by the Director of Community Development or by the Director
of Parks and Public Works.
(3) Projects under construction.
a. If a violation occurs during construction, the Town 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, inspection, 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
specific 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 required in accordance with the standards set forth in Sec. 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 written maintenance agreement with
the Town. For those trees on public property, replacement is to be determined 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 of a tree
removal, landscaping, construction or other business in the Town 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 Town a civil penalty as prescribed in
subsections a. through d.
a. As part of a civil action brought by the Town, 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
in an amount not to exceed five thousand dollars per tree unlawfully removed, or the
replacement value of each such tree, whichever amount is higher. Such amount shall be
payable to the Town and deposited into the Tree Replacement Fund. Replacement value for
the purposes of this section shall be determined 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 Classification Guide 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
Town.
d. The cost of enforcing this division, which shall include all costs, staff time, and attorneys'
fees.
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(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 Town prevails, the court
shall award to the Town 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. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1030. Fees.
The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall
accompany the removal or pruning permit application submitted to the Town for review and evaluation
pursuant to this division.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
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. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1040. Notices.
All notices required under this division shall conform to noticing provisions of the applicable Town
Code.
Sec. 29.10.1045. Appeals.
Any interested person may appeal a decision of the director pursuant to this division in accordance
with the procedures set forth in section 29.20.260 of the Town Code. All appeals shall comply with the
public noticing provisions of section 29.20.450 of the Town Code.
(Ord. No. 2114, §§ I, ll, 8 -4 -03)
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