Item 3 - Staff Report.205 Lester Ln
PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 10/14/2020
ITEM NO: 3
DATE: October 5, 2020
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of the Replacement Tree Requirement for a Tree Removal
Permit on Property Zoned R-1:8. Located at 205 Lester Lane. APN 424-17-015.
Tree Removal Permit T-20-074. Property Owner/Applicant/Appellant: Cynthia
Jaen. Project Planner: Ryan Safty.
RECOMMENDATION:
Consider an appeal of the replacement tree requirement for a Tree Removal Permit on property
zoned R-1:8 located at 205 Lester Lane.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8
Applicable Plans & Standards: General Plan
Parcel Size: 8,163 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
PAGE 2 OF 5
SUBJECT: 205 Lester Lane/T-20-074
DATE: October 5, 2020
S:\PLANNING COMMISSION REPORTS\2020\10-14-20\Item 3 - 205 Lester Lane - Tree Appeal\Staff Report.205 Lester Ln.docx
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15304: Minor Alterations of Land.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15304: Minor
Alteration of Land.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
On June 22, 2020, the Parks and Public Works Department received a Tree Removal Permit
application (page 17 of Exhibit 6) to remove one Black Locust tree located at 205 Lester Lane
(Exhibit 1). The tree was roughly 30 feet in height with a 25-foot canopy (Exhibit 5). The tree is
considered a protected tree per Town Code Section 29.10.0960, thus requiring approval of a
Tree Removal Permit prior to removal. The property owner requested removal of the tree
based on safety concerns as the tree had been dropping limbs. The Town Arborist, Rob
Moulden, conducted an inspection of the tree and approved and issued Tree Removal Permit
T-20-074 including the tree replacement requirement (Exhibit 4) on June 29, 2020, based on the
following findings in Town Code Section 29.10.0992:
….
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 propertie s, and the
applicant has demonstrated to the satisfaction of the Director or deciding body that
there are no reasonable alternative to preserve the tree; and
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 Publ ic Utility
Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules or
regulations.
….
PAGE 3 OF 5
SUBJECT: 205 Lester Lane/T-20-074
DATE: October 5, 2020
S:\PLANNING COMMISSION REPORTS\2020\10-14-20\Item 3 - 205 Lester Lane - Tree Appeal\Staff Report.205 Lester Ln.docx
BACKGROUND (continued):
The approved Tree Removal Permit (Exhibit 4) specifies a tree replacement requirement of
three 15-gallon trees to off-set the removal. The owner also has the option of paying in-lieu
fees in the amount of $250.00 per replacement tree ($750.00 total). The Tree Removal Permit
application (page 17 of Exhibit 6), which was signed and submitted by the property owner on
June 22, 2020, specifies in the Notes section that, “Replacement Trees are not required if the
tree being removed is dead or has a tree Risk Rating of Extreme or High, as determined by the
Town Arborist.” The Town arborist did not determine that the tree was dead, and no Tree Risk
Rating assessment was conducted by the Town Arborist or the owner.
On June 29, 2020, following issuance of the Tree Removal Permit, the Black Locust tree was
removed. On July 1, 2020, the owner contacted the Town Arborist to request the replacement
tree requirement be waived, stating that the tree was dead and severely rotted. The Town
Arborist denied the request, stating that the tree was not dead and that the Tree Removal
Permit was issued because the tree was severely rotted. On July 7, 2020, the owner appealed
the replacement tree requirement associated with Tree Removal Permit T-20-074.
DISCUSSION:
A. Appeal Analysis
The property owner appealed the replacement tree requirement of the approved Tree
Removal Permit due to assertions that the tree was already dead. Per Town Code Section
29.10.0985, “[….] The Director or the deciding body shall impose, except when removal is
permitted if the tree is dead or a Tree Risk Rating of Extreme or High is present, as a
condition on which a protected tree removal permit is granted that two or more
replacement trees of a species and a size designated by the Director or design ee, shall be
planted [….] .”
As detailed above, the Town Arborist visited the site and made the required findings for
approval of the Tree Removal Permit. Following the removal of the tree, the owner
contacted the Town Arborist to request the replacement tree requirement be waived. The
Town Arborist denied this request as he determined that the tree was not dead. A Tree Risk
Rating assessment was not conducted by the Town Arborist , and the owner did not provide
one to counter the decision of the Town Arborist.
The owner has provided a letter (Exhibit 7) with additional information on the tree, as well
as the other trees on the subject property. The tree service company contracted to remove
the tree (PMC Tree Service Inc.) also provided a letter (Exhibit 8) describing the status of the
tree and work conducted; however, no Tree Risk Rating assessment was provided.
PAGE 4 OF 5
SUBJECT: 205 Lester Lane/T-20-074
DATE: October 5, 2020
S:\PLANNING COMMISSION REPORTS\2020\10-14-20\Item 3 - 205 Lester Lane - Tree Appeal\Staff Report.205 Lester Ln.docx
DISCUSSION (continued):
B. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15304: Minor
Alteration of Land.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. At the time of this report’s preparation, the Town has not received any public
comment.
CONCLUSION:
A. Summary
The Town Arborist has determined that the tree was not dead prior to removal and the
property owner must meet the tree replacement requirement included in the Tree Removal
Permit.
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal of the tree replacement requirement for the Tree Removal Permit:
1. Find that the proposed project is categorically exempt pursuant to the adopted
Guidelines for the implementation of the California Environmental Quality Act, Section
15304: Minor Alterations of Land (Exhibit 2); and
2. Deny the appeal of the tree replacement requirement for the Tree Removal Permit.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Deny the appeal and modify the tree replacement requirement for the Tree Removal
Permit; or
3. Grant the appeal and waive the tree replacement requirement for the Tree Removal
Permit.
PAGE 5 OF 5
SUBJECT: 205 Lester Lane/T-20-074
DATE: October 5, 2020
S:\PLANNING COMMISSION REPORTS\2020\10-14-20\Item 3 - 205 Lester Lane - Tree Appeal\Staff Report.205 Lester Ln.docx
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Tree Removal Permit, received June 29, 2020
5. Tree Photographs
6. Appeal Packet, received July 7, 2020
7. Letter from Owner, received September 18, 2020
8. Letter from Tree Service Company, received September 18, 2020