10 Staff ReportPREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Manager, Town Attorney, Director of Parks and Public Works, and Director of
Community Development
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2020 ITEM NO: 10
DATE: January 14, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance, by Title Only, Effecting an Amendment to:
a.Chapter 9 (Fire Prevention and Protection) of the Town Code regarding
Defensible Space regulations.
b.Chapter 11 (Garbage, Refuse and Weeds) of the Town Code regarding
Weed Abatement regulations.
c.Chapter 29 (Tree Protection) of the Town Code regarding exemptions for
Defensible Space.
RECOMMENDATION:
Introduce an Ordinance, by title only, effecting an amendment to:
a.Chapter 9 (Fire Prevention and Protection) of the Town Code
regarding Defensible Space regulations.
b.Chapter 11 (Garbage, Refuse and Weeds) of the Town Code
regarding Weed Abatement regulations.
c.Chapter 29 (Tree Protection) of the Town Code regarding
exemptions for Defensible Space.
EXECUTIVE SUMMARY:
On April 16, 2019, the Town Council adopted Annex 9 (Attachment 1) of the Santa Clara County
Community Wildfire Protection Plan (CWPP). Among other things, Annex 9 included a matrix of
recommended actions to mitigate occurrence and potential damage associated with wildfire.
One of the strategic goals identified in the Annex was the development of a wildfire evacuation
assessment for the Wildland Urban Interface (WUI) portion of Town.
PAGE 2 OF 5 SUBJECT: Amendments to Chapter 9, Chapter 11, and Chapter 29 of the Town Code DATE: January 14, 2020
EXECUTIVE SUMMARY (continued):
On October 15, 2019, the Town Council received the Wildland Urban Interface Evacuation
Assessment. As part of the development of that assessment, staff conducted a review of the
Town’s Municipal Code as it relates to wildfire mitigation. Based on that assessment, staff
identified Chapter 9, Chapter 11, and Chapter 29 for Town Code revisions. The
recommendations in this report have been developed to augment and align Town Codes
related to wildfire mitigation which reflect currently adopted best practices and State legal
requirements. In addition, the recommended changes will help to facilitate the
implementation of portions of Annex 9.
Do to the interrelated nature of the recommended code revisions this staff report has been
developed as a single report. However, three independent Ordinances have been drafted and
based on Council’s action would require three individual First readings.
BACKGROUND:
Los Gatos is identified as a Community at Risk from wildfires on the Federal and the California
Fire Alliance list of Communities at Risk in Santa Clara County. The Los Gatos Wildland Urban
Interface (WUI) planning area includes primarily Very High Fire Hazard Severity Zone (VHFHSZ)
areas on the southern side of Los Gatos. The WUI area is best described as an area that
transitions from a natural condition (wildland) to human settlements. Homes and other
development in the WUI are at risk of catastrophic wildfire due to the presence of vegetation
that could fuel a wildfire.
The WUI and VHFHSZ designations within the Town trigger multiple State mandated
requirements for building codes and other areas which can help mitigate the occurrence or
spread of wildfire. In particular, California Public Resources Code (PRC) 4291 mandates 100
feet of defensible space around structures in high fire severity zones. In addition, PRC 4291 was
expanded in 2008 to allow local jurisdictions require defensible space beyond property lines
under certain circumstances. While the Town has traditionally adopted Chapter 49 of the
California Fire Code (with amendments) which incorporates the legal requirements associated
with WUI defensible space, other Town Codes have either contradicted or been inconsistent
with the maintenance of defensible space.
DISCUSSION:
Defensible Space
Defensible space means an area around the perimeter of 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. The creation of
reasonable and adequate defensible space focuses on measures to modify or breaking
PAGE 3 OF 5 SUBJECT: Amendments to Chapter 9, Chapter 11, and Chapter 29 of the Town Code DATE: January 14, 2020
DISCUSSION (continued):
up the hazards emanating from the continuity of fire fuels, both horizontal (across the ground)
and vertical (from the ground up into the crowns of brush and trees). Fuels that exhibit a large
degree of both vertical and horizontal continuity are the most hazardous; in particular when
they are on slopes. Thus, mitigation of wildfire hazards within the defensible space perimeter
focuses on breaking up the continuity of horizontal and vertical fuels, while also addressing
environmental concerns like habitat and erosion protection. Attachment 2 from Cal Fire
provides a simple illustration of defensible zones and horizontal and vertical spacing.
Appropriate defensible space does not require, or advocate, the clear cutting of trees and
brush. Often times a continuous canopy of fire-resistant trees may be desirable in some cases
to create shade (sometimes referred to as a "shaded fuel-break") which can suppress weeds
and grasses and help retain moisture.
If the Town Council introduces and adopts the proposed Ordinances, staff will design a website
and offer educational tools to provide specific recommendations and resources to our residents
and property owners.
Chapter 9 (Fire Prevention and Protection)
Chapter 49 of the California Fire Code (with amendments) is adopted into the Town Code and
incorporates the legal State requirements associated with WUI structures. However, State
legislation grants local jurisdictions the authority to add additional restrictions based on the
threat severity in that jurisdiction. Given the significant wildfire threat in Los Gatos, staff is
recommending several amendments beyond the usual administrative additions.
Most substantively, staff is recommending that the Town adopt language permissible under
California Government Code Section 51182 (a)(2) which may require defensible space beyond
property lines under certain circumstances. In addition, staff is recommending that the Town
adopt a 5-foot nonflammable zone around new structures consistent with best practices
advocated by County Fire.
Staff’s recommendations are provided in a draft Ordinance (Attachment 3) and in redline
format (Attachment 4).
Chapter 11 (Garbage, Refuse, and Weeds)
On November 5, 2019, the Town Council adopted amendments to Chapter 11 to expand the
definition of weeds to include other dead vegetation, fallen limbs, and combustible trash on
private property and add additional language to clarify and strengthen the Town’s weed
PAGE 4 OF 5 SUBJECT: Amendments to Chapter 9, Chapter 11, and Chapter 29 of the Town Code DATE: January 14, 2020
DISCUSSION (continued):
abatement program. In order to better align the Ordinance, staff is recommending a minor
edit to increase the required width from a roadway for weed abatement from 5 feet to 10 feet.
Staff’s recommendations are provided in a draft Ordinance (Attachment 5) and in redline
format (Attachment 6).
Chapter 29 (Tree Protection)
In order for WUI residents of the Town to adequately manage defensible space, staff is
recommending revisions to Chapter 29 (Tree Protection) of the Town Code.
Most substantively, staff is recommending that trees either removed or maintained in the
furtherance of defensible space be categorized under Sec.29.10.0970 Exceptions. By creating
defensible space as an exception item, it would preclude any other elements of the Code
Division thereby significantly increasing the ease with which homeowners can become
compliant with State law. Its important to note, that protected trees listed in subcategory (3)
and (10) under Sec.29.10.0960 will not be exempted from the provisions of the Division.
Staff’s recommendations are provided in a draft Ordinance (Attachment 7) and in redline
format (Attachment 8).
CONCLUSION:
To continue enhancing the Town’s protection and resilience from the threat of wildfire, staff
recommends adoption of revisions to Chapter 9, Chapter 11, and Chapter 29 of the Town Code.
COORDINATION:
This staff report was coordinated with the Director of Parks and Public Works, Director of
Community Development, Town Attorney, and Santa Clara County Fire District.
FISCAL IMPACT:
There is no fiscal impact associated with these Ordinances.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required
Attachments:
1. Town of Los Gatos Annex 9
2. Cal FIRE defensible space diagram
3. Chapter 9 – Draft Ordinance
4. Chapter 9 – Draft Amendments (redline)
PAGE 5 OF 5 SUBJECT: Amendments to Chapter 9, Chapter 11, and Chapter 29 of the Town Code DATE: January 14, 2020
5.Chapter 11 – Draft Ordinance
6.Chapter 11 – Draft Amendments (redline)
7.Chapter 29 – Draft Ordinance
8.Chapter 29 – Draft Amendments (redline)
This Page Intentionally Left Blank
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 1 April 2019
ANNEX 9. TOWN OF LOS GATOS
The Town of Los Gatos is located at the base of the Sierra Azules in the southwestern portion of
the County, where the Santa Clara Valley meets the lower slopes of the Santa Cruz Mountains.
Los Gatos encompasses a wide variety of terrain, ranging from flat topography at the edge of the
valley floor to densely wooded hillsides. Both the valley and hillsides are interspersed with creeks,
streams and riparian habitat. The sharp contrast between the valley floor and the hillsides provides
the town's picturesque background. The population is estimated to be 30,391 in a 14-square-mile
area.
ORGANIZATION AND JURISDICTION
The Town of Los Gatos is governed by a publicly elected city council and has authority for General
Plan land use planning, code adoption, and permit processing. The Town of Los Gatos does not
have a city fire department; Los Gatos is within the Central Fire Protection District.
State law designates all lands within the city limits of Los Gatos as a Local Responsibility Area
(LRA) for purposes of wildland fire protection. Most state fire prevention and defensible space
laws do not apply within LRAs. Recent legislation requires state review and input on General Plan
Safety Element updates where wildland fire is a hazard (Government Code Section 65040.20).
Fire protection services for Los Gatos are provided by Santa Clara County Central Fire Protection
District (dba Santa Clara County Fire Department), including emergency’s in State Responsibility
Areas (SRAs) in unincorporated areas of the wildland urban interface (WUI), adjacent to Los
Gatos. To determine LRAs and SRAs of the community, please visit:
http://www.firepreventionfee.org/sraviewer_launch.php
PLANNING TEAM PARTICIPATION
The Los Gatos community is represented on the Core Team by representatives of the Santa Clara
County Fire Department. The community has been engaged in the Community Wildfire Protection
Plan (CWPP) planning process through two rounds of workshops that have been held in Cupertino
and Redwood Estates and focus on the Los Gatos, Cupertino, and surrounding WUI communities.
LAND USE PLANNING, GENERAL PLAN, BUILDING CODES, AND LOCAL HAZARD
MITIGATION PLANS
Authority and jurisdiction for approving the General Plan and elements, and determining land use,
community design, and building code adoption rests with the Los Gatos Town Council. The Local
Hazard Mitigation Plan (LHMP) identifies hazards that exist in Los Gatos that create risk to
citizens and properties in Los Gatos. WUI fires are a real and present danger to the western portions
of Los Gatos. This CWPP identifies several goals related to functions the Town of Los Gatos has
the authority to undertake.
ATTACHMENT 1
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 2 April 2019
This CWPP may serve as basis for the WUI fire component for LHMP, General Plan, or General
Plan element updates.
SUMMARY
Los Gatos is listed as a Community at Risk from wildfires on the Federal and/or California Fire
Alliance list of Communities at Risk in Santa Clara County.
Wildfires occur in the vicinity of Los Gatos and present a danger to people and properties within
the town.
Mitigations can reduce the risk of injury and damage. Some mitigations are solely the
responsibility of property owners, other mitigations require neighborhood level action, and some
require town government action.
WUI AREA DESCRIPTION
WUI AREA DEFINED
The Los Gatos WUI planning area includes primarily Very High Fire Hazard Severity Zone areas
on the southern side of Los Gatos (Figure 9.1). The WUI area is best described as a wildland-urban
intermix with homes scattered amongst wildland fuels.
FIRE HISTORY
For fire history information, please see Figure 3.5 in the main CWPP document.
HAZARDOUS FUEL CHARACTERISTICS
The Los Gatos planning area comprises a range of vegetation communities that differ depending
upon elevation, precipitation, and slope. Chaparral vegetation is often found on south facing
slopes, where winter precipitation is relatively high, but dry summers are common. The chaparral
will have long flame lengths under either moderate or extreme weather scenarios. The nature of
these fuels is to burn quickly and intensely. Oak woodlands, comprised of a variety of oak species
are also interspersed throughout as well as mixed conifer comprising knob cone pine and grey
pine. A fire in either the mixed conifer or hardwood would likely be a surface fire with patches of
active behavior and fairly low rates of spread. However, active fire behavior is possible in this
vegetation type under extreme weather conditions, especially where there is high surface loading.
Coastal coniferous forest communities such as redwoods and Douglas fir are located at lower
elevations where precipitation is high, fog is common, and temperatures are moderate. Fire spread
is generally limited in this fuel type; however, given the right combination of weather conditions,
surface fire can be expected to burn uphill. Areas with increased fuel loading from dead and down
materials may experience crowning under the right conditions. The varied vegetation composition
result in the Los Gatos WUI comprising a range of wildfire hazard.
For fuel model information, please refer to Section 4.6.3 and Figure 4.3 in Chapter 4 of the main
CWPP document.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 3 April 2019
Figure 9.1. Los Gatos planning area.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 4 April 2019
NEIGHBORHOOD AND STRUCTURAL CHARACTERISTICS
The foothills above Los Gatos (Figure 9.2) are characterized by steep, winding, and narrow roads
that pose potential ingress and egress problems for emergency response and evacuations. Some
areas may be subject to slow response times for emergency response due to the distance from the
nearest fire station and road conditions. Some homes have minimal turnaround space, posing a
concern to emergency responders due to potential entrapment. There are a number of dead end
roads and narrow driveways.
Most homes have moderate defensible space (at least 30 feet) but some homes do not meet the
necessary 70- to 100-foot space. Homes are inspected by Santa Clara County Fire Department
(SCCFD) personnel at least every three years. Most homes have non-combustible siding, but the
majority have combustible decks and fencing that comes into contact with wildland fuels. Some
homes have wood shake roofs which put the property and neighborhood at risk. Many
subdivisions are managed by homeowner associations (HOAs), which provide a conduit for fire
prevention and public education and outreach messages regarding structural ignitability and
defensible space. A large number of 7A compliant new build properties (Figure 9.3) are
interspersed with older properties, many are on large lots with good separation and have well
maintained yards. Many homes are landscaped by contracted landscape companies, outreach
regarding defensible space and non-flammable landscape vegetation could be targeted at those
companies. Vulnerable populations, such as retirement homes, are a concern to fire department
personnel, due to evacuation concerns along narrow roads. Defensible space in these areas is a
priority, particularly where vegetation is close to the property (Figure 9.4).
Many homes are located upslope from thick scrub fuels, with continuous canopies. Homes are
located on steep slopes with often minimal set-back from the slope. Topography is a concern due
to the influence steep slopes have on potential fire behavior.
Figure 9.2. Overview of Los Gatos WUI community.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 5 April 2019
Figure 9.3. New build property, built to 7A compliance.
Figure 9.4. Eucalyptus close to units in a retirement community in hills above Los Gatos.
EMERGENCY RESPONSE CAPACITY
Fire suppression for the Los Gatos WUI area is provided by:
• Santa Clara County Central Fire Protection District:
o Los Gatos Fire Station, 306 University Ave, Los Gatos
o Shannon Fire Station, 16565 Shannon Rd, Los Gatos
o Winchester Fire Station, 14850 Winchester Blvd, Los Gatos
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 6 April 2019
PUBLIC EDUCATION AND OUTREACH PROGRAMS
Santa Clara County Fire Department, Fire Prevention Division provides a comprehensive fire and
life safety educational program within Los Gatos. More information can be found on its website:
http://www.sccfd.org/community-education/overview
The Santa Clara County Fire Safe Council is actively involved in the Los Gatos and surrounding
communities. (http://www.SCCFireSafe.org). This organization provides information regarding
chipping programs, defensible space mitigation, forest health issues, and much more. They also
offer public meetings and forums to support wildfire awareness.
The Town of Los Gatos provides comprehensive emergency preparedness information on its
website: http://www.town.los-gatos.ca.us/57/Emergency-Preparedness. In addition the Town has
an active CERT program: http://www.town.los-gatos.ca.us/152/CERT-Emergency-Management
POLICIES, REGULATIONS, ORDINANCES, AND CODES
Buildings within the Town of Los Gatos would be subject to the Municipal Code of Los Gatos.
Chapter 9 Fire Protection and Prevention outlines codes and ordinances pertaining to wildfire.
https://www2.municode.com/library/ca/los_gatos/codes/code_of_ordinances?nodeId=CO_CH9F
IPRPR
In particular Section 4907.1 General. Defensible space will be maintained around all buildings
and structures in SRA as required in Public Resources Code (PRC) 4290 and "SRA Fire Safe
Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Section 1270.
In addition buildings and structures within the Very High Fire Hazard Severity Zones of an LRA
shall maintain defensible space as outlined in Government Code 51175 - 51189 and any local
ordinance of the authority having jurisdiction.
Refer to Chapter 49 of the California Fire Code as amended and adopted by the Town of Los Gatos
for all of the requirements for Wildland Urban Interface Fire Areas in the Town.
HAZARD ASSESSMENT
Community hazard assessments include ratings of community conditions compared to best
practices for WUI fire mitigation. Community hazard ratings include consideration of applicable
state codes, local ordinances, and recognized best practices guidelines.
The National Fire Protection Association Standard 1144 (NFPA 1144) defines WUI hazards and
risks at the community and parcel level. This plan utilizes components of NFPA 1144, California
laws and local ordinances to evaluate neighborhood WUI hazard and risk. California PRC 4290
and 4291 sections address best practices WUI community design and defensible space standards.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 7 April 2019
The NFPA 1144 community risk assessment completed for the Los Gatos Hills Community
assigned the WUI community a risk rating of High with a score of 89 (<40= low, >40 = moderate,
>70 = High, >112 = Extreme) see tabulated list below. Factors that contributed to the risk are
illustrated below. Averages are taken across the community for each of these parameters.
Parameter Condition Rating
Access Two roads in and out but access still concern +/-
Narrow road width -
Surfaced road with greater than 5% grade +
Poor fire access, dead end spurs, lack turnaround -
Street signs are present, some are non-reflective +/-
Vegetation Adjacent fuels: Medium +/-
Defensible space: >30 feet < 70 feet around structure +/-
Topography within 300 feet of structure 21%–30% -
Topographic features Moderate to high concern +/-
History of high fire occurrence Low +
Severe fire weather potential Low +
Separation of adjacent structures Good separation +
Roofing assembly Class C -
Building construction Combustible siding and deck -
Building set back <30 feet to slope -
Available fire protection Water: hydrants present with variable pressure +
Response: Station <5 miles from structure +
Internal sprinklers: some newer 7A compliant homes +/-
Utilities One above and one below ground +/-
Risk Rating- High (89)
In addition to the on-the-ground hazard assessment, the CWPP also includes a Composite Fire
Risk/Hazard Assessment, which uses fire behavior modelling to determine potential fire behavior
and is based on fuel characteristics, topography, weather, and fire history. The Composite
Risk/Hazard Assessment for the planning area is shown in Figure 9.5. For more information on
the methodology for this assessment please refer to Section 4.6.1 in Chapter 4 of the CWPP.
PARCEL LEVEL ASSESSMENT
A model for determining parcel level risk and effect of mitigations has been developed through
this CWPP project. The model can use information available through public record for basic
analysis but can be further refined with a site visit with property owner for a thorough analysis of
risk score. The County will be seeking funding to fully implement this parcel level assessment in
the future. The goal is for the property owner to be able to use this analysis to determine the most
effective steps they can take to reduce their risk. For more information refer to Chapter 4 in the
countywide CWPP document.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 8 April 2019
Figure 9.5. Composite Risk and Hazard Assessment for Los Gatos WUI community.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 9 April 2019
IDENTIFY CRITICAL INFRASTRUCTURE AND COMMUNITY VALUES AT RISK
Critical utility infrastructure such as, electric power supply lines, substations, and natural gas lines
are essential to supply to residents and businesses for services that in some cases are critical to
health and life safety. In many parts of the project area, electric power is needed to power pumps
for the domestic water supply, and to provide heating and lighting. Wildfire is a significant threat
to the electric utility supply.
The project area has several watersheds that are community values at risk. Watersheds need to be
protected and maintained from catastrophic wildfire damage in order to prevent erosion,
sedimentation and water contamination (Taylor et al. 1993). Long-term issues resulting from
damage to watersheds would be increased run off, poor soil retention, and decreased water quality.
The WUI area surrounding Los Gatos is comprised of open space areas, including El Sereno Open
Space, St. Josephs Hill Open Space, Heintz Open Space, Sierra Azul Open Space and Santa Rosa
Open Space. These open space areas are valued for recreational use and for their natural resources.
Other community values at risk include: life safety, homes and property values, infrastructure,
recreation and lifestyle, wildlife habitat, watershed protection, and environmental resources and
commercial business, for example, a number of wineries/vineyards are located in the interface,
including, the Testarossa Winery, McCarthy Family Estate Vineyards, La Rusticana D’Orsa
Vineyard, and Perrucci Family Vineyard.
MITIGATION PROJECTS AND PRIORITIZATIONS
The following project matrices have been developed by the CWPP working group to guide specific
project goals implementations for the Town of Los Gatos (Table 9.1–Table 9.5). The matrices
below are tiered to the strategic goals presented in the body of the CWPP through project IDs in
the first column of each matrix. The matrices are broken down into projects for addressing public
education and outreach, reducing structural ignitability, improving fire response capability, and
reducing hazardous fuels.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 10 April 2019
Table 9.1. Recommendations for Public Outreach and Education in the Los Gatos Planning Area
ID
LG Project Presented by Target Date Priority
(1,2,3) Resources Needed Serves to
Strategic Goal: EO1- Educate citizens on how to achieve contemporary WUI code compliance in retrofits/cost: benefit ratio. Provide workshops and/or demonstration
site.
and
EO5- Emergency preparedness meetings.
Use American Red Cross volunteers and other preparedness experts. Attend community functions and hold special meetings to provide guidance for creating
household emergency plans.
Use Ready, Set, Go! program.
LG-EO1.1 Wildfire Preparedness and WUI
Code workshops
FireSafe Councils,
County Fire, CAL
FIRE
Within 2 years 1 Workshop expenses, personnel
Workshop venues
Demonstration site
Strategize on avenues for
engaging the public.
Increase compliance with County code.
Reduce fire risk level for individual
parcels and community as a whole.
Strategic Goal: EO3- Organize a community group made up of residents and agency personnel to develop materials and communicate relevant defensible space
messages. Could coordinate with fire departments or Fire Safe Council.
LG-EO3.1 Form community working group
for defensible space outreach
FireSafe Council,
fire departments,
local residents,
Eagle Scouts, High
School Community
Volunteer Program
Within 1 year 1 Funding to help cover costs of
materials (green waste removal
or chipper) and participation.
Hire contractor trained in
defensible space practices.
Engage diverse stakeholders in
reaching out to community members
and encourage defensible space
practices.
Empower homeowners to make
affordable and effective changes to
reduce the vulnerability of individual
homes.
Strategic Goal: EO4- Information dissemination
Develop a local newspaper column that provides fire safety information, promotional information for volunteer fire departments, fire announcements, and emergency
planning.
LG-EO4.1 Develop content and disseminate
information that provides fire
safety information, fire
announcements, and emergency
planning.
Town Los Gatos Within 1 year 1 Content to be provided by fire
departments, local residents,
Santa Clara County FireSafe
Council and the Town.
Protect communities and infrastructure
through increasing public awareness
and providing medium for information
regarding emergency fire response.
Strategic Goal: EO10- Insurance Services informational meetings
LG-
EO10.1
Outreach to the community to
schedule an Insurance Services
informational meeting.
Invite Insurance Services
representatives to speak to
groups regarding ways to
improve insurance ratings in the
community.
Insurance Serv ices
in conjunction with
SCCFSC
Within 2 years 2 Resources provided by Insurance
Services. Venue provided by
SCCFD fire department.
Communities can learn how to improve
their insurance ratings, which will
reduce insurance costs in their
community by implementing wildfire
prevention measures.
Strategic Goal: EO11- Increase signage/replace or augment existing signage.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 11 April 2019
ID
LG Project Presented by Target Date Priority
(1,2,3) Resources Needed Serves to
LG-
EO11.1
Increase signage/replace or
augment existing signage.
Use existing signage to spread
fire prevention message along
highways and in public open
space areas (trailheads, info
kiosks) to reduce human
ignitions.
Promote the use of existing
electronic signs at firehouses and
other locales to display fire
prevention information, safety
messages, and fire danger rating
linked to safety actions.
County Fire Within 2 years 2 Mostly existing signs and posting
sites, people to post and update
signs.
Replace, or augment the existing
Smokey Bear signs with
electronic Fire Danger Warning
Signs that are solar powered,
LED displays (visible day &
night), and accessible and
programmable through an
internet website.
Protect communities and infrastructure
by raising awareness of local citizens
and those traveling in the area about
actions that can prevent fire.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 12 April 2019
Table 9.2. Recommendations for Reducing Structural Ignitability in the Los Gatos Planning Area
ID Project Presented by Programs Available Description Priority
(1,2,3) Timeline
Strategic Goal: SI1: Retrofit/Eliminate flammable roofs
LG-SI1.1 Identify all wood shake-roofed
properties within planning area
and target homeowners with
outreach on retrofitting roofs.
City and County Planning in
conjunction with County Fire
and municipalities. Town of
Los Gatos
FEMA and other grants Explore elimination of flammable
roofs through attrition or potential
Town Code modification
1 5 years
Strategic Goal: SI5- Adopt landscape standards for recommended plant landscape materials
LG-SI5.1 Adopt landscape standards for
recommended plant landscape
materials
FireSafe Councils to lead Research Firewise plants
suitable for the region.
Develop plant list, poster
materials and research
demonstration site.
Firewise Communities
USA: www.firewise.org
Educate property owners,
landscape firms and landscape
architects in appropriate
ornamental plantings, mulches,
and landscape design/
maintenance in WUI areas.
3 Next 2 years
Strategic Goal: SI6- Develop landscape contractor maintenance program for “Right Plant-- Right Place” and maintenance
LG-SI6.1 Develop landscape contractor non-
flammable plant list.
FireSafe Councils to lead in
cooperation with local Home
Owner Association
Firewise Communities
USA: www.firewise.org
Educate property owners,
landscape firms and landscape
architects in appropriate
ornamental plantings, mulches,
and landscape design/
maintenance in WUI areas. Work
with HOA.
2 Next 2 years
Strategic Goal: SI8- Interactive tool for citizens to use on line, ID their property and what hazard/risks exist and mitigations they can apply to improve their survivability
LG-SI8.1 Work with County Fire to develop
parcel level application of CWPP
risk assessment using Interra
software.
Santa Clara County Fire
Department with revised
Interra contract
Interra County Fire to pursue funding to
increase contract provisions with
Interra to provide public facing
tool.
Simplify tool and provide easy to
follow instructions.
Could develop YouTube
informational video
1 Next 3 years
Strategic Goal: SI11- Implement spring community yard clean-up days.
In combination with FireSafe Council chipper program.
LG-SI11.1 Implement community work day to
encourage yard clean-up and
defensible space maintenance
County Fire, CAL FIRE,
FireSafe Council and the
Town
FireSafe Council chipping
program
Ready, Set, Go
CAL FIRE
A community-led day of yard
clean-up with fire mitigation in
mind would encourage large
numbers within the community to
carry-out mitigation measures and
implementation of defensible
space.
2 Next 2 years
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 13 April 2019
ID Project Presented by Programs Available Description Priority
(1,2,3) Timeline
Strategic Goal: SI12- Assess and improve accessibility to property
Weekend program to inform homeowners about emergency response access
LG-SI12.1 Institute a weekend program to
inform homeowners about
emergency response access.
Fire departments, Fire
Marshal
Firewise Inform homeowners about the
importance of keeping driveways
accessible to fire trucks and
emergency responders.
1 Within 1 year
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 14 April 2019
Table 9.3. Recommendations for Improving Firefighting Capabilities in the Los Gatos Planning Area
ID Project Description Fire
Department/Agency
Benefits of the Project to the
community Timeline Priority
(1,2,3)
Resources/funding
sources available
Strategic Goal: FC2- Define Safe Refuge Areas and establish maintenance program in WUI areas where fire behavior and evacuation timing is problematic.
LG-FC2.1 Define and delineate spatially Safe
Refuge Areas and establish
maintenance program in WUI
areas where fire behavior and
evacuation timing is problematic.
County Fire/CAL
FIRE/FireSafe
Councils
Provides safety measure for residents of
rural areas in event that evacuation is
limited.
Provides for firefighter safety by creating
escape route.
2 year 1 Grants: FEMA, CA FSC,
DHS
Strategic Goal: FC5- Develop WUI preplans and accompanying evacuation plans for all WUI areas in Santa Clara County using standardized format
LG-FC5.1 Develop WUI preplans and
accompanying evacuation
assessment plan for Los Gatos
WUI
County Fire/CAL
FIRE/FireSafe
Council and the Town
Helps fire response agencies understand
geographic area evacuations.
Helps identify areas where mitigation
measures are needed to facilitate safe
evacuation.
Helps establish consistent model across
all agencies.
1 year 1 Grants: FEMA, CA FSC,
DHS
Strategic Goal: FC8: Where road systems are antiquated and do not provide for proper evacuation or two way flow, require removal of obstructions or upgrade to
minimum 2 lanes road system over time
LG-FC8.1 Address poor road access issues -
develop long-term plan for road
improvements and prioritized
routes for evacuation.
County Planning,
Town Planning and
Public Works
Addresses evacuation concerns of
residents living in areas with poor
ingress/egress.
Provides for improved response
capabilities and reduces risk that
responding emergency vehicles will
conflict with evacuation of residents.
2 years 1 Homeowner Associations,
Road Associations, County
Service Areas
Strategic Goal: FC11- Investigate and potentially install Fire Detection Robots to alert departments of a fire start in remote areas.
LG-FC11.1 Investigate installation of fire
detection robots on open space
lands adjacent to Los Gatos.
County Fire Uses technology for single-tree wildfire
detection solution that help forestry
agencies and fire protection
professionals manage the risks of fire
damage cost-effectively.
Within 2
years
1 Private companies provide
robotic technology
Strategic Goal: FC14- Where possible encourage sharing of water sources in areas where residential water supplies may be low or non-existent during periods of
drought or when wells/springs have run dry
LG-FC14.1 Address water shortage concerns-
particularly at high elevations by
following the model currently under
way by Loma Prieta Fire
Department.
fire agencies, local
community
organizations, local
water purveyors
Encouragement and assistance from
FireSafe Council can provide a catalyst
for action.
1–5 years 1 County Fire
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 15 April 2019
ID Project Description Fire
Department/Agency
Benefits of the Project to the
community Timeline Priority
(1,2,3)
Resources/funding
sources available
Strategic Goal: FC15- Where Open Space and Park Agencies establish trail head parking areas, operating facilities such as horse stables and camping areas that will
increase public access add large capacity water tanks and hydrants for wildfire protection.
LG-FC15.1 Installation of water tanks on Open
Space property for fire
suppression purposes.
MROSD Alleviates public and agency concern for
limited water supply in remote areas.
Within 5
years
3 This could eventually be
amended into the building
code for Santa Clara
County.
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 16 April 2019
Table 9.4. Fuel Reduction Treatment Recommendations in the Los Gatos Planning Area
ID Project Description Location and
Responsible Party Method Serves to: Timeline
for Action
Priority
(1,2,3) Monitoring Resources/funding
sources available
Strategic Goal: FR1- Incorporate single track trails into fire defense system where practical
LG-FR1.1 Fire Safe Council to
continue community
outreach to prioritize
treatments along
existing trails that
could help to provide
a more substantial
fuel break and break
up the continuity of
fuels.
Open space lands:
Trails that run adjacent
to community
Detailed analysis
would be needed in
development of
treatment location to
ensure protection of
natural resources.
Provide access
when fires occur to
reduce spread
Enhance Community
fire defense by
breaking up fuel
continuity.
Ongoing-
LONG
RANGE
1 Regular
monitoring to
determine
project
success in
reducing fuel
loading and
enhanced
access.
Grants: CA FSC;
California Forest
Improvement
Program (CFIP);
Natural Resource
Conservation
Service (NRCS),
FEMA, Green House
Gas Reduction Fund
(GHGRF)
Strategic Goal: FR7- Develop roadside fuel treatment program, including suite of methods available and sustainability mechanism
LG-FR7.1 Implement roadside
brushing/mowing
throughout community
to increase buffer
from wildfire ignitions
and provide for safe
evacuation.
Community members
to approach SCCFSC
to identify roadside
fuel treatment
priorities and seek
funding to implement.
County and city road
agencies; private road
associations, PG&E,
Cable and Phone
companies.
Led by SCCFSC.
Determine suite of
treatment methods
allowed and
restriction for
roadside hazard
reduction including
mowing, mastication,
chemical, plantings,
mulching, etc.
Develop treatment
plan and rotation
schedule for roadside
treatments, focusing
of primary evacuation
or access/egress
corridors.
Reduce fuel loading
around roads and
highways to ensure
safe passage of
vehicles in event of
evacuation and
reduce unplanned
ignitions from
vehicles and
highway users.
Within 2
years
1 Regular
maintenance
schedule
should be
implemented
to ensure
clearance
levels are
maintained.
Develop
standards for
road crews.
Grants: Federal
Emergency
Management
Agency (FEMA),
California Fire Safe
Council (CA FSC),
Department of
Homeland Security
(DHS)
Strategic Goal: FR9- Establish assistance program for hazardous fuel reduction for physically or fiscally challenged parcels
LG-FR9.1 Establish assistance
program for
hazardous fuel
reduction and
defensible space for
elderly or physically
challenged individuals
within Los Gatos
Los Gatos
neighborhood groups,
HOAs.
Identify barriers to
achieving parcel level
defensible space and
establish assistance
program of resources:
education, consulting,
guidance, people,
funding.
Ensure that
individual properties
with poor property
hygiene do not put
adjoining properties
at risk in event of
wildfire.
For residents who
are not capable of
implementing good
property hygiene.
Within 2
years
2 Establish
levels of
participation
by
assistance
type
Grants: CA FSC;
CFIP; NRCS, FEMA,
GHGRF
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 17 April 2019
ID Project Description Location and
Responsible Party Method Serves to: Timeline
for Action
Priority
(1,2,3) Monitoring Resources/funding
sources available
Strategic Goal: FR 11- Create Sustainable programs for creating Defensible Space at the parcel Level.
LG-
FR11.1
Create Sustainable
programs for creating
Defensible Space at
the parcel Level within
Los Gatos
Home Owner, FireSafe
Councils, Home Owner
Associations, SCCFD,
Administrators for SRA
fee distributions.
Example projects -
Curbside green waste
pickup programs,
community chipping
piles, drive-up
chipping, on site
chipping.
Ensure that
defensible space
actions are
sustained in all
communities
Within 1
year
1 Regular
maintenance
schedule
should be
implemented
to ensure
clearance
levels are
maintained.
Grants: CA FSC;
CFIP; NRCS, FEMA,
GHGRF
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 18 April 2019
Table 9.5. Recommendations for General Planning Projects in Town of Los Gatos
ID Project Description Method Timeline for
Action
Priority
(1,2,3) Monitoring/Sustainability Resources/Funding
Sources Available
Strategic Goal GP1: Ensure project sustainability.
LG- GP1.1 The CWPP serves as the
wildfire component of Los
Gatos LHMP and General
Plan - Safety and other
element amendments.
Work with city planning to identify timeline
for incorporation in next LHMP update.
Explore having the strategic-level CWPP
incorporated into the Safety Element of the
General Plan when the safety element is
next revised.
Next 5 years 2 The core group of stakeholders
would need to ensure that the
document is kept relevant in that
time and position it for
incorporation.
Internal funding
LG- GP1.2 Ensure project
sustainability.
Have a target date for updating the
datasets used in the risk assessment model
and re-running the model.
Establish trigger points for updating CWPP.
Make contact with Santa Clara County Fire
Department to note your interest in
participating in the project and identify
CWPP meeting schedule.
Annually
1 Establish annual oversight of the
CWPP and project status.
Get buy-in from Core Team
members for long-term
commitment to CWPP review.
Internal funding
LG- GP1.3 Designate a member to the
Countywide CWPP Core
Team for CWPP updates.
Identify staff and convene a kickoff of the
working group and identify tasks and goals
for CWPP updates.
Meet
quarterly
1 Commit to attendance at one
CWPP meeting annually.
Internal funding
LG- GP1.4 Develop methods for
sustainability of hazardous
fuel reduction.
Develop options for Town Council to
evaluate sustainable hazardous fuel
maintenance funding
As needed 2 Enactment of policy. Internal funding
Strategic Goal G24: Parcel Level Defensible Space Inspection Task Force
LG-GP2.1 Join countywide task force
to do parcel level
inspection work to enhance
model; utilize portable data
collection and ArcGIS as
analysis tools.
Carryout parcel level assessments to
enhance risk assessment model
components at a finer scale.
Add data to model and re-run as necessary.
2 years 1 Set target number of parcels to
be assessed each year.
Review number of parcels
assessed each year at annual
CWPP meeting.
Internal funding
Strategic Goal GP3: Develop countywide standard and method for continued data gathering and risk analysis.
LG-GP3.1 Use a countywide standard
and method for continued
data gathering and risk
analysis.
Conduct funding to purchase a commercial
application, such as Fulcrum, that provides
a standard data collection platform that
could be used on a smart phone/tablet.
2 years 1 Annual review of progress as part
of Core Team.
California Fire Safe
Council
clearinghouse
grants; internal
funding
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 19 April 2019
ID Project Description Method Timeline for
Action
Priority
(1,2,3) Monitoring/Sustainability Resources/Funding
Sources Available
Strategic Goal GP5: Add hyperspectral and LiDAR imaging to periodic aerial photography flights.
LG-GP5.1 Seek LiDAR and
hyperspectral imagery for
aerial photography of Los
Gatos.
Work in conjunction with the City Planning,
County Assessor, or others to add
additional sensing cameras to aerial photo
flights.
Hyperspectral and LiDAR can provide in
depth identification and analysis of hazards
and risks.
1–3 years 1 Periodic new flights to update
data sets.
Grants: Federal
Emergency
Management
Agency, Department
of Homeland
Security,
Greenhouse Gas
Reduction
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ATTACHMENT 2
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ATTACHMENT 3
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 9 (FIRE PREVENTION AND PROTECTION) OF THE TOWN CODE
REGARDING WEED ABATEMENT REGULATIONS
WHEREAS, the Town of Los Gatos; has traditionally adopted Chapter 49 of the California
Fire Code (with amendments) which incorporates the legal requirements associated with State
mandated defensible space;
WHEREAS, the State mandates 100 feet of defensible space around buildings and
structures within Very High Fire Hazard Severity Zones;
WHEREAS, State law allows for jurisdictions to adopt additional defensible space
standards based on severity of wildfire risk;
WHEREAS, the Los Gatos Wildland Urban Interface (WUI) planning area includes
primarily Very High Fire Hazard Severity Zone (VHFHSZ) areas.
WHEREAS, the Town Council recognizes that in addition to the State mandated
requirements 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
CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Section 4902 Definitions of Town Code Chapter 9 are hereby added/amended to read as
follows:
DEFENSIBLE SPACE. 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 structure(s).
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
2
REDUCED FUEL ZONE. In this area of the defensible space, efforts are placed on ensuring
fuels/vegetation are separated vertically and horizontally depending on the vegetation type.
Wildland-Urban Interface Fire Area. A geographical area identified by the state as a " Fire
Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201
through 4204, and Government Code Sections 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires . The Wildland-
Urban Interface Fire Area is defined as all areas within the Town of Los Gatos as set forth and
delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all
notations, references, data, and other information shown thereon are hereby adopted and
made a part of this chapter. The map properly attested, shall be on file in the Office of the
Town Clerk of the Town of Los Gatos.
Section 4906.2 Application of Town Code Chapter 9 are hereby amended to read as
follows:
2. Land designated as a Very-high Fire Hazard Severity Zone or as a Wildland Urban Interface
Fire Area by the Town of Los Gatos.
Section 4907.2 Defensible Space Fuel Modification are hereby added to read as follows:
4907.2 Defensible Space Fuel Modification.
Persons owning, leasing, controlling, operating, or maintaining buildings or structures, and/or
lands in, upon, or adjoining the locally adopted Wildland -Urban Interface Fire Area, shall at all
times comply with the following:
1. Maintain defensible space of 100 feet from each side and from the front and rear of any
building or structure, but not beyond the property line except as provided by law. The 100
feet of defensible space should be segregated into the following zones:
a. Maintain an effective defensible space by removing and clearing away
flammable vegetation and other combustible materials from areas within 30
feet of such buildings or structures.
Exception: When approved by the Fire Chief or his/her designee, single
specimens of trees, ornamental shrubbery or similar plants used as ground
covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
b. Maintain an additional reduced fuel zone of 70 feet from all buildings and
structures with an emphasis on vertical and horizontal separation of
fuels/vegetation. Distances beyond an additional 70 feet may be required
3
when the Fire Chief or his/her designee, de termines that due to steepness of
terrain or other conditions, 70 additional feet is insufficient.
Exception: When approved by the Fire Chief or his/her designee grass and other
vegetation located more than 30 feet from buildings or structures and less than
18 inches in height above the ground need not be removed where necessary to
stabilize the soil and prevent erosion.
c. New construction must create a noncombustible area a minimum of 5 feet
from structures.
2. Remove portions of trees, which extend within 10 feet of the outlet of any chimney or
stovepipe.
3. Maintain any tree, shrub, or other plant adjacent to or overhanging any building or
structure free of dead limbs, branches or other combustible material.
4. Maintain the roof of any structure and roof gutters free of leaves, needles, or other
combustible materials.
5. Maintain defensible space as determined by the Fire Chief or his/her designee around
water tank structures, water supply pumps, and pump houses.
6. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible
space shall be located a minimum of 30 feet from structures and separated from the
crown of trees by a minimum horizontal distance of 15 feet.
Exception: Firewood and combustible materials not for consumption on the premises
shall be stored as approved by the Fire Chief or his/her designee.
8. Clear areas within 10 feet of fire apparatus access roads and driveways of non- fire-
resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents, or similar plants used as ground cover,
provided they do not form a means of readily transmitting fire.
Section 4907.3 Defensible Space Along Property Lines are hereby added to read as
follows:
4907.3 Defensible space along property lines. Pursuant to Government Code Section
51182 and Public Resources Code Section 4291(a)(2 ):
4
1. When an occupied building is less than 100 feet from a property line and combustible
vegetation on an adjacent parcel presents a fire hazard for the occupied building as
determined by the Fire Chief or his/her designee then the owner of the adjacent parcel
where the hazard exists shall be responsible for fuel management, including removal to
the satisfaction of the Fire Chief or his/her designee.
Section 4907.4 Corrective Actions are hereby added to read as follows:
4907.4 Corrective actions. When the Fire Chief or his/her designee determines defensible
space to be inadequate the Town Council is authorized to instruct the Fire Chief or his/her
designee to give notice to the owner of the property upon which conditions regulated by
Sections 4907.2 and 4907.3 exist to correct such conditions. If the owner fails to correct
such conditions, the Town Council is authorized to cause the same to be done and make
the expense of such correction a lien upon the property where such conditions exist.
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 bala nce of the
ordinance be enforced.
SECTION V
5
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.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on January 21, 2020 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 February 4, 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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
6
DATE:
N:\DEV\ORDS\2019\Parking Assessment District [Intro] 09-17-19.docx
ATTACHMENT 4
CHAPTER 9
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
Chapter 9 of the 2019 California Fire Code and 2018 International Fire Code is adopted
with the following amendments:
CHAPTER 49
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Chapter 49 of the 2019 California Fire Code is adopted with the following amendments:
Section 4901 General
4901.1 Scope
The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit
fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result
in large property loses shall comply with this chapter.
4901.2 Purpose
The purpose of this code is to provide minimum standards to increase the ability of a building
to resist the intrusion of flame or burning embers being projected by a vegetation fire and
contributes to a systematic reduction in conflagration losses through the use of performance
and prescriptive requirements.
Section 4902 Definitions
4902.1 General
For the purpose of this chapter, certain terms are defined as follows:
CDF DIRECTOR. Director of the California Department of Forestry and Fire Protection.
The following definition is added as follows:
DEFENSIBLE SPACE. 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 structure(s).
FIRE PROTECTION PLAN. A document prepared for a specific project or development proposed
for a Wildland-Urban Interface Fire Area. It describes ways to minimize and mitigate potential
for loss from wildfire exposure.
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Ordinance December 3, 2019
The Fire Protection Plan shall be in accordance with this Article. When required b y the
enforcing agency for the purposes of granting modifications, a fire protection plan shall be
submitted. Only locally adopted ordinances that have been filed with the California Building
Standards Commission in accordance with Section 101.14 or the Department of Housing and
Community Development in accordance with Section 101.15 shall apply.
FIRE HAZARD SEVERITY ZONES. Geographical areas designated pursuant to California Public
Resources Codes, Sections 4201 through 4204 and classified as Very High, High, or Moderate in
State Responsibility Areas or as Local Agency Very High Fire Hazard Severity Zones designated
pursuant to California Government Code, Sections 51175 through 51189.
The California Code of Regulations, Title 14, Section 1280 entitles the maps of these
geographical areas as “Maps of the Fire Hazard Severity Zones in the State Responsibility Area
of California.”
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE. An area designated by a local agency
upon the recommendation of the CDF Director pursuant to Government Code, Sections
51177(c), 51178 and 5118, that is not a state responsibility area and where a local agency, city,
county, city and county, or district is responsible for fire protection.
The following definition is added as follows:
REDUCED FUEL ZONE. In this area of the defensible space, efforts are placed on ensuring
fuels/vegetation are separated vertically and horizontally depending on the vegetation type.
STATE RESPONSIBILITY AREA. Lands that are classified by the Board of Forestry pursuant to
Public Resources Code Section 4125 where the financial responsibility of preventing and
suppressing forest fires is primarily the responsibility of the state.
WILDFIRE. Any uncontrolled fire spreading through vegetative fuels that threatens to destroy
life, property, or resources as defined in Public Resources Code, Sections 4103 and 4104.
WILDFIRE EXPOSURE. One or a combination of radiant heat, convective heat, direct flame
contact and burning embers being projected by vegetation fire to a structure and its immediate
environment.
Amend the following definition as follows:
Wildland-Urban Interface Fire Area. A geographical area identified by the state as a " Fire
Hazard Severity Zone" in accordance with the Public Resources Code , Sections 4201
3 of 7
Ordinance December 3, 2019
through 4204, and Government Code Sections 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires . The Wildland-
Urban Interface Fire Area is defined as all areas within the Town of Los Gatos as set forth and
delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all
notations, references, data, and other information shown thereon are hereby adopted and
made a part of this chapter. The map properly attested, shall be on file in the Office of the
Town Clerk of the Town of Los Gatos.
Section 4903 Plans (Reserved)
Section 4904 Fire Hazard Severity Zones
4904.1 General
Lands in the state are classified by the CDF Director in accordance with the severity of wildfire
hazard expected to prevail in those areas and the responsibility for fire protection, so that
measures may be identified which will reduce the potential for losses to life, property, and
resources from wildfire.
4904.2 Classifications
The CDF Director classifies lands into fire hazard severity zones in accordance with California
Public Resources Code, Sections 4201 through 4204 for State Responsibility Areas and
accordance with Government Code, Sections 51175 through 51189 for areas where a local
agency is responsible for fire protection.
Section 4905 Wildfire Protection Building Construction
4905.1 General
Materials and construction methods for exterior wildfire exposure protection shall be applied
within geographical areas where a wildfire burning in vegetative fuels may readily transmit fire
to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in
large property losses
4905.2 Construction methods and requirements within established limits
Within the limits established by law, construction methods intended to mitigate wildfire
exposure shall comply with the wildfire protection building construction requirements
contained in the California Building Standards Code, including the following:
1. California Building Code, Chapter 7A,
2. California Residential Code, Section R327,
3. California Referenced Standards Code, Chapter 12-7A.
4 of 7
Ordinance December 3, 2019
4905.3 Establishment of limits
The establishment of limits for the Wildland-Urban Interface Fire Area’s required construction
methods shall be designated pursuant to the California Public Resources Code for State
Responsibility areas or by a local agency following a finding supported by substantial evidence
in the record that the requirements of this section are necessary for effective fire protection
within the area.
Section 4906 Hazardous Vegetation and Fuel Management
4906.1 General
Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior
wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required
by applicable laws and regulations.
4906.2 Application.
Buildings and structures located in the following areas shall maintain the required hazardous
vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as
State Responsibility Areas (SRA) including:
1.1 Moderate Fire Hazard Severity Zones
1.2 High Fire Hazard Severity Zones
1.3 Very-high Fire Hazard Severity Zones
4906.2 is amended as follows:
2. Land designated as a Very-high Fire Hazard Severity Zone by cities or other local agencies. or as
a Wildland Urban Interface Fire Area by the Town of Los Gatos.
4906.3 Requirements
Hazardous vegetation and fuels around all applicable buildings and structures shall be
maintained in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section
1299 (see guidance for implementation “General Guideline to Create Defensible
Space”).
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section
3.07.
5 of 7
Ordinance December 3, 2019
Section 4907 Defensible Space
4907.1 General.
Defensible space will be maintained around all buildings and structures in State Responsibility
Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe Regulations" California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code
51175 - 51189 and any local ordinance of the authority having jurisdiction.
Section 4907.2 is added as follows:
4907.2 Defensible Space Fuel Modification.
Persons owning, leasing, controlling, operating, or maintaining buildings or structures, and/or
lands in, upon, or adjoining the locally adopted Wildland-Urban Interface Fire Area, shall at all
times comply with the following :
1. Maintain defensible space of 100 feet from each side and from the front and rear of any
building or structure, but not beyond the property line except as provided by law. The 100
feet of defensible space should be segregated into the following zones:
a. Maintain an effective defensible space by removing and clearing away
flammable vegetation and other combustible materials from areas within 30
feet of such buildings or structures.
Exception: When approved by the Fire Chief or his/her designee, s ingle
specimens of trees, ornamental shrubbery or similar plants used as ground
covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
b. Maintain an additional reduced fuel zone of 70 feet from all buildings and
structures with an emphasis on vertical and horizontal separation of
fuels/vegetation. Distances beyond an additional 70 feet may be required
when the Fire Chief or his/her designee, determines that due to steepness of
terrain or other conditions, 70 additional feet is insufficient.
Exception: When approved by the Fire Chief or his/her designee grass and other
vegetation located more than 30 feet from buildings or structures and less than
18 inches in height above the ground need not be removed where necessary to
stabilize the soil and prevent erosion.
c. New construction must create a noncombustible area a minimum of 5 feet
6 of 7
Ordinance December 3, 2019
from structures.
2. Remove portions of trees, which extend within 10 feet of the outlet of any chimney or
stovepipe.
3. Maintain any tree, shrub, or other plant adjacent to or overhanging any building or
structure free of dead limbs, branches or other combustible material.
4. Maintain the roof of any structure and roof gutters free of leaves, needles, or other
combustible materials.
5. Maintain defensible space as determined by the Fire Chief or his/her designee around
water tank structures, water supply pumps, and pump houses.
6. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible
space shall be located a minimum of 30 feet from structures and separated from the
crown of trees by a minimum horizontal distance of 15 feet.
Exception: Firewood and combustible materials not for consumption on the premises
shall be stored as approved by the Fire Chief or his/her designee.
8. Clear areas within 10 feet of fire apparatus access roads and driveways of non- fire-
resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents, or similar plants used as ground cover,
provided they do not form a means of readily transmitting fire.
Section 4907.3 is added as follows:
4907.3 Defensible space along property lines . Pursuant to Government Code Section
51182 and Public Resources Code Section 4291(a)(2):
1. When an occupied building is less than 100 feet from a property line and combustible
vegetation on an adjacent parcel presents a fire hazard for the occupied building as
determined by the Fire Chief or his/her designee th en the owner of the adjacent parcel
where the hazard exists shall be responsible for fuel management, including removal to
the satisfaction of the Fire Chief or his/her designee .
Section 4907.4 is added as follows:
4907.4 Corrective actions. When the Fire Chief or his/her designee determines defensible
space to be inadequate the Town Council is authorized to instruct the Fire Chief or his/her
7 of 7
Ordinance December 3, 2019
designee to give notice to the owner of the property upon which conditions regulated by
Sections 4907.2 and 4907.3 exist to correct such conditions. If the owner fails to correct
such conditions, the Town Council is authorized to cause the same to be done and make
the expense of such correction a lien upon the property where such conditions exist.
This Page Intentionally Left Blank
ATTACHMENT 5
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 11 (GARBAGE, REFUSE AND WEEDS) OF THE TOWN CODE
REGARDING WEED ABATEMENT REGULATIONS
WHEREAS, the Town of Los Gatos originally adopted a Weed Abatement Ordinance in
1968;
WHEREAS, the Town Council recognizes that dry and overgrown weeds contribute visual
blight and create hazardous conditions which increase risk of fire;
WHEREAS, On April 16, 2019, the Town Council recognizing the risk of wildfire in the
Wildland Urban Interface (WUI) adopted the Town’s Annex 9 to the Santa Clara County
Community Wildfire Protection Plan (CWPP);
WHEREAS, On November 5, 2019, the Town Council adopted amendments to Chapter 11
to expand the definition of weeds to include other dead vegetation, fallen limbs, and combustible
trash on private property and add additional language to clarify and strengthen the Town’s weed
abatement program.;
WHEREAS, the proposed amendment change will reduce the risk of fire 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
Section 11.20.015 of Town Code Chapter 11 are hereby amended to read as follows:
11.20.015. - Removal by property owner required.
(a) No owner, agent, lessee or other person occupying or having charge or control of any
building, lot or premises within the Town shall permit weeds to remain upon such premises,
or public sidewalks, or streets, or alleys between such premises and the ce nterline of any
public street or alley.
(b) Every property owner shall remove or destroy such weeds from such owner's
property, abutting sidewalks, and the abutting half of any streets or alleys between the lot
lines as extended.
(c ) Property owners within the Wildland Urban Interface (WUI) whose property abuts
Hillside Collector, Neighborhood Collector, and/or Local Street roadway classifications shall
remove or destroy such weeds within ten (10) feet of the roadway to prevent or avoid
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
2
undue hardship in fighting fire.
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.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on January 21, 2020 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 February 4, 2020
and becomes effective 30 days after it is adopted.
3
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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
N:\DEV\ORDS\2019\Parking Assessment District [Intro] 09-17-19.docx
CHAPTER 11 (GARBAGE, REFUSE AND WEEDS)
Section 11.20.015 of Town Code Chapter 11 are hereby amended to read as follows:
11.20.015. - Removal by property owner required.
(a) No owner, agent, lessee or other person occupying or having charge or control of any
building, lot or premises within the Town shall permit weeds to remain upon such premises,
or public sidewalks, or streets, or alleys between such premises and the ce nterline of any
public street or alley.
(b) Every property owner shall remove or destroy such weeds from such owner's
property, abutting sidewalks, and the abutting half of any streets or alleys between the lot
lines as extended.
(c ) Property owners within the Wildland Urban Interface (WUI) whose property abuts
Hillside Collector, Neighborhood Collector, and/or Local Street roadway classifications shall
remove or destroy such weeds within tenfive (105) feet of the roadway to prevent or avoid
undue hardship in fighting fire.
ATTACHMENT 6
ATTACHMENT 7
ORDINANCE
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. Whi le
trees provide multiple benefits, it is also the intent of this division to acknowledge that a
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
2
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 ammended 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
3
the exception of any tree listed in subcategories (3) and (10) of Sec.29.10.0960 – Scope
of Protected Trees.
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.
4
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.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on January 21, 2020 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 February 4, 2020
and becomes effective 30 days after it is adopted.
5
In lieu of publication of the full text of the ordinan ce 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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
N:\DEV\ORDS\2019\Parking Assessment District [Intro] 09-17-19.docx
This Page Intentionally Left Blank
DIVISION 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.