Loading...
Item 19 Staff Report Consider Report on Land Clearing in the Hillside ZoneDATE: TO: FROM: SUBJECT: MEETING DATE: 11/2/98 ITEM NO. / COUNCIL AGENDA REPORT October 29, 1998 MAYOR AND TOWN COUNCIL TOWN MANAGER CONSIDER REPORT ON LAND CLEARING IN THE HILLSIDE ZONE RECOMMENDATION: Consider report on land clearing in the hillside zone. BACKGROUND: At the meeting of October 5, 1998, Council directed staffto respond to the concerns expressed by residents of Francis Oaks. The issue relates to clearing property in the hillside by removing native brush and scrub. Under current Town Code, this activity is unregulated provided that trees no larger than 4 inches in diameter are removed and that the operation does not remove more than one foot of earth. The pertinent sections of the Tree and Grading Ordinances have been included as Attachments 1 and 2. The intent of the clearing was to establish an agricultural use, i.e. a vineyard. The property has been posted with a "stop notice" (Attachment 3) directing the property owner to contact the Regional Water Quality Board (RWQB) and State Fish and Game. Earth disturbing activities over 5 acres are required to file a "Notice of Intent" with the RWQB. State Fish and Game may have an interest due to possible impacts on a seasonal creek. A "lock" has been placed on the parcel to prevent processing any development permits related to the property until the outstanding issues have been resolved. A letter has been sent advising of Town actions (Attachment 4). DISCUSSION: Concerns have been expressed regarding the potential for soil erosion and the environmental effect on the local ecology from removing brush and grasses. Conversely, the removal of brush is considered desirable to reduce the potential of "wild fire." Also, property rights need to be protected in considering land use and maintenance regulations. Staff offers the following items for consideration: 1. To address erosion control Council could establish regulations which require an erosion control plan for clearing activities which exceed a certain threshold. For example if clearing exceeds 20,000 square feet than a plan is needed. A special permit would allow approved activities and be monitored by staff inspections. A fee structure could be developed to recover Town costs. Disking and brush removal at the request or direction of the Fire Marshall may be exempted from the permit requirements. PREPARED BY: Scott R. Baker Director of Parks and Public Works Reviewed by: Attorney Finance Revised: 10/29/98 11:30 am Reformatted: 10/23/95 N:\B&E\CNCLRPTS\CLEARBRS.TCR r PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER REPORT ON LAND CLEARING IN THE HILLSIDE ZONE October 29, 1998 2. To address erosion control, environmental and land use issues Establish a threshold at which a use permit would be required. For example if 60,000 square feet is proposed to be cleared, the application would be treated as a development application. The Development Review Committee has broad representation and could hear and approve the applications. Environmental, land use and erosion control would all be considered in the application process. The Council may direct staff to take a specific action, further study the present options, or explore different options. CONCLUSION: Direct staff as to whether or not Council wants to pursue regulations of clearing land in the hillsides. ENVIRONMENTAL ASSESSMENTS: None at this time. FISCAL IMPACT: None at this time. Attachments: 1. Tree Ordinance 2. Grading Ordinance 3. Stop Notice 4. Letter to Friends of the Cultural Center, Inc. Distribution: Diane McLaughlin, 15626 Francis Oaks Way, Los Gatos, CA 95030 David Weissman, 15431 Francis Oaks Way, Los Gatos, CA 95030 § 29.10.09050 LOS GATOS TOWN CODE mailed to the address given by the permittee in his application for the Iarge family day care home permit or such other address as the permittee has provided the Planning Director. (Ord. No. 1842, § I(3.99), 4-1-91) Editor's note —Ord. No. 1842, § I, adopted April 1, 1991, amended the zoning ordinance by the addition of Chapter 3.99, and at the discretion of the editor said provisions have been included herein as § 29.10.09050. DIVISION 2. TREE PROTECTION Sec. 29.10.0950. Intent. This division is adopted because the Town is forested by Oak, Bay, Eucalyptus, Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract pollutants in the air, *nnintain climatic balance and decrease wind velocities. Trees contribute siariFTcantly to the value of land in the Town. It is the intent of this division to regulate the removal of significant 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. This section does not supersede the provisions of chapter 26 of this Code. (Ord. No. 1316, § 3.20.010, 6-7-76; Ord. No. 1617, 5-21-84) Sec. 29.10.0955. Definitions. The following words, terms and phrases, when used in this division, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Pruning means the cutting or taking away of more than thirty-three (33) percent of the living foliage material (including branches) of a tree in any twelve-month period or as other- wise determined by the Director of Parks, Forestry and Maintenance Services. Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15) feet high at maturity. Tree means a woody perennial plant, usually with one (1) main site or trunk, and many branches. It may appear to have several stems or trunks and is usually over ten (10) feet high at maturity. Tree removal means the removal of a tree, including pruning. (Ord. No. 1316, §§ 3.20.015-3.20.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1617, 5-21-84) Sec. 29.10.0960. Determination. In any case, the Director of Parks, Forestry and Maintenance Services shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. Such determination shall be final and not subject to appeal. (Ord. No. 1316, § 3.20.040, 6-7-76; Ord. No. 1617, 5-21-84) . upp• No. 6 1994 • • Attachment 1 ZONING REGULATIONS § 29.10.0975 Sec. 29.10.0965. Scope. This division shall apply to every property owner and to every person, corporation, part- nership, sole proprietorship or other entity responsible for removing a tree. The trees protected by this division are: (1) All trees which have a twelve -inch or greater diameter (thirty-five inch circumfer- ence) of any trunk, or in the case of multi -trunk trees a total of twenty-four (24) inches or more of the diameter (seventy -inch circumference) of all trunks, where such trees are located on residential property. (2) All trees which have a four -inch or greater diameter (twelve -inch circumference) of any trunk, when removal relates to any transaction for which zoning approval or subdivision approval is required. (3) 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 (2) of this section. (4) Any tree that was required to be planted by the terms of a zoning approval or a subdivision approval. (5) All trees which have a four -inch or greater diameter (twelve -inch circumference) of any trunk and are Iocated on a vacant lot or undeveloped property. (6) All trees which have a four -inch or greater diameter (twelve -inch diameter) of any trunk and are located on commercial, office, or industrial developed property. Measurement of diameter (circumference) for the purpose of applying this section shall be made three (3) feet above the ground. (Ord. No. 1316, § 3.20.045, 6-7-76; Ord. No. 1617, 5-21-84; Ord. No. 1941, § I, 5-3-93) Sec. 29.10.0970. Prohibitions. Except as provided in section 29.10.0975, it shall be unlawful for anyone: (1) To remove or cause to be removed any protected tree in the Town without obtaining a permit to do so. (2) For any person or business entity engaged in the business of removing trees or tree care to remove a tree without a permit under this division. This permit shall be on -site at all times during the removal of a tree and must be made available upon request from the Chief of Police, Director of Parks, Forestry and Maintenance Services or their designee. (Ord. No. 1316, § 3.20.050, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1617, 5-21-84) Sec. 29.10.0975. Exceptions. The following tree removals are excepted from the provisions of this division: (1) Removal of orchard trees as part of farming operations or upon order of the County Agricultural Inspector. Supp. No. 6 1994.1 § 29.10.0975 LOS GATOS TOWN CODE (2) Removal in case of emergency when a tree is imminently hazardous or dangerous to life or property, on order of the Director of Parks, Forestry and Maintenance Services. (Ord. No. 1316, § 3.20.055, 6-7-76; Ord. No. 1617, 5-21-84) Sec. 29.10.0980. Applications for permit. The information on applications for tree removal permits shR11 include the number and Location of the trees to be removed, showing the type of each and the reason for removal of each. Applications far tree removal may be granted, denied or granted with conditions. (Ord. No. 1316, § 3.20.060, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1617, 5-21-84) Sec. 29.10.0985. Determination on permit. Except as hereafter provided, the Director of Parks, Forestry and Maintenance Services shall recommend whether a tree removal permit shall be issued. The recommendation of the Director of Parks, Forestry and Maintenance Services shall be made to the Planning Director, Sapp. No. 6 1994.2 a • ZONPi iG REGULATIONS § 29.10.100 who sha11 determine the permit in accordance with the recommendation When an application for any zoning approval, or subdivision of land is under consideration by the Planning Com- mission, the determination on the tree removal permit shall be made concurrently by the Planning Commission with the related matter. The deciding official or the deciding body may impose as a condition on which a permit is granted that one (1) or more replacement trees of a species and a size designated by the Director of Parks, Forestry and Maintenance Services be planted on public or private property. The person requesting the permit may also be required to pay the cost of obtaining and planting the replacement tree. (Ord. No. 1316, § 3.20.065, 6-7-76; Ord. No. 1617, 5-21-84) Sec. 29.10.0990. Standards. Each application for a permit required by this division shall be reviewed and determined in consideration of the following standards: (1) The condition of the tree or trees with respect to disease, imminent danger of failing, proximity to existing or proposed structures, and structural damage caused by a tree. (2) The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or inc-eased dow of surface waters. (3) The number of trees existing in the neighborhood or improved property and the effect the removal would have on the established standard of the area and the property values. (4) The number of trees the particular parcel can adequately support according to good forestry practices. (Ord. No. 1316, § 3.20.070, 6-7-76; Ord. No. 1617, 5-21-84) DIVISION 3. SIGNS Sec. 29.10.100. Definitions. The following words, terms and phrases, when used in this division, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning. Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a signpertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in State Iaw. Arcade means a covered passageway with business establishments along at least one (1) side. Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to wail signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs. 1995 ZONNG REGLrATIONS § 29.30.010 Sec. 29.20.960. Civil penalties. Notwithstanding section 29.20.950 refacing to criminal penalty, any person found to have violated section 29.10.0970 shall be liable to pay the Town a civil penalty as prescribed in subsections (1) through (3). Any person found to have violated section 29.10.320(b) shall be liable to pay the Town a civil penalty as prescribed in subsection (4): (1) Replacing the 11niaveuily removed tree with a new tree as sir*tilar thereto as reason- ably feasible, or if such replacement is not feasible because of size or age of tree, with such number of aimilnr trees as will provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, Forestry and Maintenance Ser- vices. Where similar replacement trees will not provide reasonably equivalent aes- thetic quality, the Director of Parks, Forestry and Maintenance Services shall calcu- late the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other Plants by the International Society of Arboriculture and such value will be the civil penalty for violation of section 29.10.0970 in. addition to subsection (2). Wnere replanting cannot be accomplished to the satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the removed tree shall be deposited into the street tree deposit account. (2) The cost of enforcing this chapter, which shall include all costs, staff time, and attor- neys' fees. All replacement trees planted as required by subsection (1) shall be maintained by the property owner under a two-year written maintenance agreement with the Town. (4) A five thousand dollar ($5,000.00) civil penalty shall be imposed against any property owner found in violation of section 29.10.320(b) in addition to any application fees required and the cost for correcting any housing code deficiencies. (Ord. No. 1316, § 5.70.055, 6-7-76; Ord. No. 1617, 5-21-84; Ord. No. 1716, 4-20-87) (3) Sec. 29.20.965. Remedies cumulative. The remedies provided for this division are cumulative and not exclusive. (Ord. No. 1316, § 5.70.060, 6-7-76) ARTICLE III. ZONE REGULATIONS GENERALLY Sec. 29.30.010. Scope. Articles IV through VIII contain the zoning regulations applying to specific zones in the Town. (Ord. No. 1316, § 4.00.010, 6-7-76) Supp. No. 3 2079 ARTICLE II. GRADING PERMIT Sec. 12.20.010. Required. Except for the exemptions listed hereinafter, no person may grade or do grading work or perform any other land -disturbing or landfilling activity without first obtaining a grading permit. (Code 1968, § 36.02.010) Sec. 12.20.015. Exemptions. (a) General exemptions. A person performing any land disturbing activity need not apply for a grading permit, if all the following criteria are met: (1) Natural and finished slopes are less than ten (10) percent; (2) Volume of soil or earth materials stored is fifty (50) cubic yards or less; (3) The activity results in the diversion of rainwater runoff, either during or after construction, from an area smaller than five thousand (5,000) square feet; (4) An impervious surface, if any, of less than four thousand (4,000) square feet is created; (5) No drainageway is blocked or has its stormwater carrying capacities or characteristics modified; and (6) No land -disturbing or filling activities occur within one hundred (100) feet of a watercourse. (b) Specific exemptions. The provisions of subsection (a) notwithstanding, a person performing the following activities need not apply for a grading permit: (1) Projects which have excavations less than two (2) feet in depth, or fills less than one (1) foot in depth placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or fills less than two (2) feet in depth, not intended to support structures. and that do not obstruct drainage courses, and which include the following: a. Less than fifty (50) cubic yards of graded material (combined total of cut and fill). b. The removal of vegetation from an area less than one thousand (1,000) square feet. c. Do not create unstable or erodible slopes as determined by the Town Engineer. (2) Grading done by or under the supervision or construction control of the Town. Attachment 2 (3) Excavations within the perimeter of a building, swimming pool (pool only), retaining wall footing, or other structure authorized by a valid building permit. (4) Grading necessary for agricultural operations unless such grading will create a cut or fill whose failure could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit or cause any significant erosion as determined by the Town Engineer. (5) Trenching and grading incidental to the construction or installation of approved underground pipe lines, on land having a slope less than ten (10) percent, drilling or excavation for approved wells if the land is restored to its original contour and condition, including reseeding or otherwise restoring vegetation on all disturbed earth surfaces immediately after such grading work is completed. (6) Excavations for soil or geological investigations by a geotechnical engineer or engineering geologist if the land is restored to its original contour and condition including reseeding or otherwise restore vegetation on all disturbed earth surfaces immediately after the investigation. (7) Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition. (8) Routine cemetery excavations and fills. (9) Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the Town Engineer promptly of the problem and work required and shall apply for a permit therefor within ten (10) calendar days after commencing such work and shall comply with all conditions of such permit. (10) Any area within the public right-of-way is exempt from the requirements of this chapter. (c) Effect. Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this chapter. (Code 1968, § 36.02.015) JOB ADDRESS -Ftct (1Cl} 6Ie-5 \kIa.y OWNER OCCUPANT r r ii SC r1 M a d {' A I L) W n t-ic tid i I I S 1 LL A - -4-ti ✓l U r b n L11.2.-t Dh'1 ` G` r-e (xi 1 % ics. l enA ( ,a LA-C. ` i/\ tJ I r, I.rJ o j-P c i cam. !-4G. L� c ` ( r C� P L e `A J 0, VV(r1 (\\a r(( c9nIn �{r�b --737 -- _7-3 S 5 cell r e e_4-a r j"; --�a ()C , c ��f11 11 V r r Lv, 1 1�Q �'r\ i. ... Gy i.V1C I r1-E I (\ DATE INSPECT )� / / ' X: GlarG+& Attachment 3. ToWN OF Los GATOS PARKS AND PUBLIC WORKS DEPARTMENT (408) 354 -6815 FAX (408) 354-7953 October 28, 1998 Friends of the Cultural Center, Inc. 73000 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: PARCEL - 527-11-005 DAMAGE CAUSED BY UNAUTHORIZED TRACTOR WORK To whom it may concern: CIVIC CENTER 110 E. MAnsf STREET P.O. Box 949 Los GATos, CA 95031 I am writing concerning recent tractor work performed on the property identified above. It has come to the attention of the Town of Los Gatos that extensive brush removal and soil disturbance has taken place recently at the parcel identified above. This work was performed without prcper approvals from State of California. Santa Clara County, Bay Area Regional Water Quality Control Board. and Town of Los Gatos agencies. Current property records indicate that "Friends of the Cultural Center Inc." is the legal owner of the property. You are hereby notified that the Town of Los Gatos will not accept any applications for development of the property until such time that all other involved agencies can be satisfied that outstanding violations have been properly resolved. Because of the nearness of the rainy season, you are requested to work with all agencies as expeditiously as possible to prevent unnecessary erosion. Please contact Mr. Kevin Flavia, Chief Inspector for the Town concerning erosion control measures. Kevin can be reached at (408) 399-5761. If you have any questions concerning this letter or the Town's position, please contact me at (408)399-5773. Very truly yours, 7 r% Scott R. Baker Director of Parks and Public Works cc Bill Bruckart, Senior Building Inspector Kevin Flavia, Chief Inspector Lee Bowman, Planning Director Orry Korb, Town Attorney MarLyn Rasmussen, Senior Deputy Clerk Attachment 4 N:\EMESCOTTIFRANOAKS.WPD INCORPORATED ALIGUST 10, 188; • IOW Town Council Minutes November 2, 1998 Redevelopment Agency Los Gatos, California DOWNTOWN PARKING ISSUES CONSIDERED (20.40) Council considered downtown parking issues and the merchants' requests for valet parking. The following people from the audience spoke to this issue: Kent Cooper, 718 University Ave. #217, Chairman of the Board of the Chamber of Commerce, introduced the downtown merchants and asked that they stand if in support of additional parking in the downtown area. Maggie Creighton, 142 Tait, she asked that the process for a new parking lot be shortened and the activities for the completion begin right away. She asked that the planning and approval process be shortened. She noted the support of the residents in the Almond Grove district. Myron Brody, 29003 Miller Cutoff, spoke of Willow St. Pizza and the parking issue in that part of Town and asked for the beginning of construction of Lot 13 and other lots. He mentioned using valet parking as an interim solution until the lots are built. Larry Arzie, 18000 Overlook Rd., asked that valet parking be used with a great deal of consideration from Council weighing the pros and cons carefully. He noted that paid parking would be a viable consideration at this time. Steve Skelton, 1395 Medallion Dr., San Jose, of Data ID Systems, spoke of the downtown parking issues and particularly the problem at Lyndon Plaza. Paul Dorsa, 15785 Shannon Road, 140 West Main St., Opera House, he talked of the greater number of spaces available when valet parking is used; the safety of the lots because of the presence of the valets. Janice Benjamin, 211 Alexander Ave., she spoke of alternatives such as shuttles from outlying parking locations, and better signs to identify the already existing parking. Ginger Rowe, 16400 Englewood, Time Out Clothing, spoke of the lighting downtown and the need for additional lights for parking areas. Bob Higgins, 207 Belmont, spoke of the parking problems in the Edelen parking district. Kurt Lemons, 54 N. Santa Cruz Ave., spoke of the impact of the successful businesses in Old Town on the downtown parking. He noted that more employees should be willing to walk a few blocks to their places of business. No one else from the audience addressed this issue. Council consensus: Council consensus for staff to review the following options and return to Council with a report on January 4th or 19th, 1999. 1) Valet parking at the old bus depot lot. 2) Valet parking on the sub grade of the Old Town parking lot. 3) Valet parking on sub level of Lot 4. 4) Valet parking on Miles Ave. and at Balzer Field parking lot. 5) Additional lighting on Miles at Balzer Field. 6) Investigate possible improvements of the bus depot lot. 7) Consider a lease arrangement for the bus depot lot. LAND CLEARING IN THE HILLSIDE ZONE (19.28) The following people from the audience spoke to this issue: David Weissman, 15431 Francis Oaks Way, spoke of the need to protect the open space and hillsides against unnecessary grading and possible erosion. He submitted a memo for the record Diane McLaughlin, 15626 Francis Oaks Way, thanked Council for attending to this matter so quickly. She asked for continued support on the ordinance. TC:010:MM110298 5 Town Council Minutes November 2, 1998 Redevelopment Agency Los Gatos, California LAND CLEARING IN THE HILLSIDE ZONE CONT. Mike Burke, 16769 Hicks Road, spoke of hillside protection. He talked of environmental and land use issues. No one else from the audience addressed this issue. Council accepted and considered report. Staff noted that soil erosion was being monitored and that the Town was working with the Regional Quality Control Board and the Urban Runoff Pollution Protection Standards. RISK MANAGEMENT POLICIES AND PROCEDURES (18.14) Council Consensus: Council reviewed staff report establishing risk management policies for the Town. Mayor Lubeck requested some additions as follows: Section I, That the committee consult with other department heads, all of who have a responsibility for insuring that the policies are followed within their own departments; Section II, That private sector practices be reviewed also; Section III, That the town manager solicit input from the committee considering what the appropriate policies should be and then implement the procedures; Section IV, That after the audit is accomplished and the committee has reviewed it that there be some sort of annual report; and overall that the policies be ordered for better flow of activities. This report should return to Council November 16, 1998. GENERAL PLAN COMMITTEE/MARKET STUDY/NORTH 40 SPECIFIC PLAN (21.47) Motion by Mr. Attaway, seconded by Mr. Blanton, to accept the staff recommendations to update 1991 Final Market Study and Business Development Strategy for North 40 Specific Plan area. Carried with 4 ayes. Mr. Hutchins voted no as he did not feel comfortable with the process. PLANNING COMMISSION/POLICIES AND PROCEDURE/ADDRESSING APPLICANTS (22.47) The following people from the audience spoke to this issue: Gary Schloh, 213 Bean Ave., enjoys an interchange between the Planning Commission, Council, Neighbors and clients. Lee Quintana, 5 Palm Ave., prefers identifying a method for open feed back early in the planning procedure. No one else from the audience addressed this issue. Council Consensus to return to Council with the following changes for consideration: 1) That there be a uniform policy for the Planning Commission. 2) That an avenue for informal feedback with the Planning Commission be made available before meeting formally with the Commission. 3) That impromptu meeting with the applicant should not result in punitive measures. 4) That disclosure of any contact with applicant be expected. 5) That Planning Commissioners be expected to attend DRC meetings to hear the open discussions prior to being heard at the Commission. 6) That Section 13.2 of the Planning Commission Policies and Procedures be rewritten to allow public meetings prior to DRC action. 7) That the potential exists for a study session to be held with the Planning Commission once the DRC application is filed and it appears that there should be a neighborhood meeting. 8) That the DRC be used as an information gathering situation for the Planning Commission. TC: D10: MM 110298 6