Ord 2303 - Amend Chapter 29 (Tree Protection) regarding Weed Abatement RegulationsORDINANCE2303
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (TREE PROTECTION) OF THE TOWN CODE
REGARDING WEED ABATEMENT REGULATIONS
WHEREAS, the Town of Los Gatos; recognizes that the community benefits from
preserving the scenic beauty of the Town;
WHEREAS, the Town Council acknowledges that trees provide multiple benefits it also
recognizes that a significant portion of the Town is located in a Very High Fire Hazard Severity
Zone;
WHEREAS, the State mandates 100 feet of defensible space around buildings and
structures within Very High Fire Hazard Severity Zones;
WHEREAS, the Town Council recognizes that the development and maintenance of
defensible space is essential to reducing wildfire risk within the community;
WHEREAS, the proposed amendment changes will reduce the risk of wildfire and
effectuate safer passage for first responders and residents in the event of a wildfire;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION II
DIVISION 2—TREE PROTECTION
Section 29.10.0950. Intent of Town Code Chapter 29 are hereby amended to read 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 community of the Town benefit
from preserving the scenic beauty of the Town, preventing erosion of topsoil, providing
protection against flood hazards and risk of landslides, counteracting pollutants in the air,
maintaining climatic balance, and decreasing wind velocities. 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 provide multiple benefits, it is also the intent of this division to acknowledge that a
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Ordinance 2303 February 4, 2020
portion of the Town is 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 exists 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.
Section 29.10.0955 Definitions of Town Code Chapter 29 are hereby added to read as
follows:
Defensible Space means an area around the perimeter of a structure 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.
Section 29.10.0970 Exceptions are hereby amended to read as follows:
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):
(1) Black Acacia (Acacia melanoxylon)
(2) Tulip Tree (Liriodendron tulipifera)
(3) Tree of Heaven (Ailanthus altissima)
(4) Blue Gum Eucalyptus (E. globulus)
(5) Red Gum Eucalyptus (E. camaldulensis)
(6) Other Eucalyptus (E. spp.)-Hillsides only
(7) Palm (except Phoenix canariensis)
(8) 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.
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Section 29.10.0992 Required Findings are hereby added to read as follows:
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 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.
(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.
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Ordinance 2303 February 4, 2020
SECTION III
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION IV
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION V
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
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Ordinance 2303 February 4, 2020
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 211t day of January 2020 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the 4th day of February 2020 and becomes effective 30 days after it is adopted.
In lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and fifteen
(15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS
AYES:
Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
None
ABSENT:
None
ABSTAIN:
None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: U: o
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