10 Attachment 8 - Chapter 29 redlineDIVISION 2. - TREE PROTECTION
Amend the following Section as follows:
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 community of the Town benefit from require that these trees be saved in order to
preservinge the scenic beauty of the Town, preventing erosion of topsoil, providinge protection
against flood hazards and risk of landslides, counteracting pollutants in the air, maintaining
climatic balance, and decreaseing 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. While trees contribute significantly to the scenic
beauty of the Townprovide multiple benefits, it is also the intent of this division to acknowledge
that a portion of the Town is resides located in a Very High Fire Hazard Severity Zone as defined
by the California Department of Forestry and Fire Protection (CAL FIRE) and the associated
wildfire threat that poseexists for the community. It is the intent of this division to preserve as
many protected trees as possible throughout 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.
Sec. 29.10.0955. - Definitions.
The following definition is added as follows:
Defensible Space means an area around the perimeter of a structures in which vegetation,
debris, and other types of combustible fuels are treated, cleared, or reduced to slow the rate
and intensity of potentially approaching wildfire or fire escaping from structures.
ATTACHMENT 8
Amend the following Section as follows:
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:
(1) A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch
circumference).
(2) Any of the following trees that are less than twenty-four (24) inches in diameter
(seventy-five (75) 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)
(3) Any removal or maintenance of a tree to conform with the implementation and
maintenance of Defensible Space per Chapter 9 – Fire Prevention and Protection with
the exception of any tree listed in subcategories (3) and (10) of Sec.29.10.0960 – Scope
of Protected Trees.
Amend the following Section as follows:
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 (1) 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 struct ure
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.
(11) The removal of the tree is necessary to conform with the implementation and
maintenance of Defensible Space per Chapter 9 – Fire Prevention and Protection per
direction by the Fire Chief or his/her designee.