Staff Report with Exhibits.Tree Amendments
PREPARED BY: ROBERT SHULTZ
Town Attorney
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: 03/23/2022
ITEM NO: 3
DATE: March 18, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Public Hearing to Consider Amendments to Chapter 29 (Zoning Regulations –
Tree Protection) of the Town Code.
RECOMMENDATION:
Forward a recommendation to the Town Council for approval of the attached Ordinance
amendments to Chapter 29 (Zoning Regulations – Tree Protection) of the Town Code.
CEQA:
It has been determined that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061 (b)(3)].
FINDINGS:
▪ Find that there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental Quality
Act [Section 15061 (b)(3)] (Exhibit 1).
▪ Find that the Town Code amendments are consistent with the General Plan.
ACTION:
Recommendation to Town Council.
PAGE 2 OF 3
SUBJECT: Zoning Regulations – Tree Protection/A-21-001
DATE: March 18, 2022
BACKGROUND:
On June 2, 2015, the Town Council adopted Ordinance 2240, the Tree Protection Ordinance ,
which included more comprehensive amendments. On February 4, 2020, the Town Council
adopted Ordinance 2303, the Tree Protection Ordinance, which included amendments
regarding exemptions for Defensible Space. The intent of the Tree Protection Ordinance is to
regulate the removal of trees within the Town to retain as many trees as possible consistent
with the purpose of the Ordinance and the reasonable use of private property. The provisions
of the Ordinance require that anyone seeking to remove or prune a Protected Tree, as defined
in the Ordinance, must obtain a permit. The Ordinance outlines review criteria to be applied to
applications for Tree Removal. The Ordinance also includes a penalty section for violations of
the Tree Protection Ordinance.
DISCUSSION:
The majority of the Tree Protection Ordinance has been in place for over six years and has
played a role in maintaining the wooded environment of the Town. Based on staff’s experience
in implementing the Tree Protection Ordinance and processing Tree Removal permit
applications, staff proposes minor revisions to the Ordinance to provide clarity within the
chapter related primarily to fines and penalties. The proposed amendments are redlined and
attached as Exhibit 2.
This is an opportunity for the Planning Commission to review the Ordinance amendments and
direct any modifications to ensure that it continues to serve the Town well.
CEQA DETERMINATION:
It has been determined that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the Californi a Environmental
Quality Act [Section 15061 (b) (3)].
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The attached amendments to Town Code Chapters 29 are recommended to strengthen the
Town’s commitment to preservation and enhancement of its urban forest and to clarify and
update provisions of the Town Code. The amendments would also meet a Town Strategic
Goal.
PAGE 3 OF 3
SUBJECT: Zoning Regulations – Tree Protection/A-21-001
DATE: March 18, 2022
CONCLUSION AND RECOMMENDATION (continued):
B. Recommendation
For the reasons mentioned in this report, staff recommends that the Planning Commission
forward the draft Ordinance amendments to the Town Council with a recommendation for
adoption. The Commission should also include any comments or recommended changes to
the draft Ordinance in taking the following actions:
1. Find that there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061 (b)(3)] (Exhibit 1); and
2. Make the required finding that the Ordinance amendments are consistent with the
General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for adoption of the Ordinance
amendments to the Town Code.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Recommend the Ordinance with additional modifications; or
3. Recommend that the Town Council not adopt the Ordinance.
EXHIBITS:
1. Findings
2. Draft Tree Protection Ordinance – Red Lined
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PLANNING COMMISSION – March 23, 2022
REQUIRED FINDS FOR:
Town Code Amendment A-21-001
Consider the Adoption of Amendments to Chapter 29 (Zoning Regulations – Tree
Protection) of the Town Code.
FINDINGS
Required finding for CEQA:
• It has been determined that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act [Section 15061 (b)(3)].
Required finding for consistency with the General Plan:
• The proposed Ordinance amendments are consistent with the General Plan.
EXHIBIT 1
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TOWN CODE
Chapter 29 ‐ ZONING REGULATIONS
ARTICLE I. ‐ IN GENERAL
DIVISION 2. ‐ TREE PROTECTION
Los Gatos, California, Code of Ordinances Created: 2021‐11‐29 16:13:46 [EST]
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DIVISION 2. TREE PROTECTION1
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by many native and non‐native trees and
contains individual trees of great beauty. The community of the Town benefit from preserving the scenic beauty of
the Town, preventing erosion of topsoil, providing protection against flood hazards and risk of landslides,
counteracting pollutants in the air, maintaining climatic balance, and decreasing wind velocities. It is the intent of
this division to regulate the removal of trees within the Town in order to retain as many trees as possible
consistent with the purpose of this section and the reasonable use of private property. While trees provide
multiple benefits, it is also the intent of this division to acknowledge that a 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.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15; Ord. No. 2303, § II, 2‐4‐20)
Sec. 29.10.0955. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section:
Building envelope means the area of a parcel (1) upon which, under applicable zoning regulations, a structure
may be built outside of required setbacks without a variance; or (2) that is necessary for the construction of
primary access to structures located on the parcel, where there exists no feasible means of access which would
avoid protected trees. On single‐family residential parcels, the portion of the parcel deemed to be the building
envelope access shall not exceed ten (10) feet in width.
Certified or consulting arborist means an individual in the profession of arboriculture who, through
experience, education, and related training, possesses the competence to provide a tree report, tree survey or
supervise the care and maintenance of trees; and who is certified by the International Society of Arboriculture, a
member of the American Society of Consulting Arborists or approved by the director.
Damage means any action undertaken which causes short‐term or long‐term injury, death, or disfigurement
to a tree. This includes but is not limited to: cutting of roots or limbs, poisoning, over‐watering, relocation or
transplanting a tree, or trenching, grading, compaction, excavating, paving, or installing impervious surface within
the root zone of a protected tree.
1Editor's note(s)—Ord. No. 2240, § I (Exh. B), adopted June 2, 2015, amended Div. 2 to read as herein set out.
Former Div. 2, §§ 29.10.0950—29.10.1045, pertained to similar subject matter, and derived from Ord. No.
2114, §§ I, II, adopted Aug. 4, 2003.
EXHIBIT 2
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Dead tree means a tree that cannot be restored to good health and has at least one of the following
characteristics:
(1) Is completely devoid of life;
(2) Has no leaves at a time when it should;
(3) Exhibits no buds if dormant;
(4 ) Is incapable of translocating food and water between leaves and roots; or
(5) Has a high likelihood of imminent death in the opinion of the Town Arborist.
Destroy means to cause the premature decline of tree health or life as evaluated and determined by the
Town Arborist.
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.
Development means any work upon any property in the Town which requires a subdivision, rezoning,
planning permit, variance, use permit, building permit, demolition permit, grading permit or other Town approval
or which involves survey work, story pole placement, excavation, landscaping, construction, etc., or clearing and
grubbing within the dripline or any area that would affect a protected tree.
Diameter means measurement of the trunk diameter for the purpose of applying this section shall be made
four and one‐half (4.5) feet (fifty‐four (54) inches) above natural grade. Measurement of multi‐trunked trees shall
be determined by the sum of all trunk diameters measured at four and one‐half (4.5) feet (fifty‐four (54) inches)
above natural grade.
Director means the Director of Community Development or the Director's designated representative.
Dripline area means the area around the trunk of the tree extending out a distance ten (10) times the
diameter of the trunk, or the perimeter of the tree canopy, whichever is greater.
Heritage tree means a tree or grouping of trees specifically designated by action of the Town Council, upon
the recommendation of the Historic Preservation Commission, that possess exceptional aesthetic, biological,
cultural, or historic value and is expected to have a continuing contribution to the community,
Hillside means all properties located within the area defined by the hillside area map as contained in the
Town of Los Gatos Hillside Development Standards and Guidelines.
Large protected tree means any oak (Quercus), California buckeye (Aesculus californica), or Pacific madrone
(Arbutus menziesii) which has a 24‐inch or greater diameter (75‐inch circumference); or any other species of tree
with a 48‐inch or greater diameter (150‐inch circumference).
Multi‐trunk tree means a tree that has more than one (1) major supporting stem or trunk growing from a
single root mass located at ground level or just above the trunk flare.
Native means any tree that is found in the immediate natural habitat. For instance, redwood trees are native
to the Santa Cruz Mountains but they are not native to the oak woodlands and chaparral areas of Los Gatos.
Pollarding means a pruning technique where the ends of the branches of a tree are terminated with a
heading cut to a predetermined length, and then resultant epicormic shoots that emerge from just below the
heading cut are cut back on an annual basis, forming an enlarging "knob" or knuckle" at the end of the remaining
branches over time. Pollarding should be done on small branches no more than two (2) inches in diameter and is
only allowed without a permit on fruitless mulberry trees (Morus alba) or other species approved by the Town
Arborist.
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Protected tree means a tree regulated by the Town of Los Gatos as set forth in Section. 29.10.0960, Scope of
protected trees.
Pruning means the selective removal of plant parts to meet specific goals and objectives, including but not
limited to: safety and risk reduction; clearance; health maintenance; aesthetic improvement; growth control; and
to enhance performance or function by developing and preserving tree structure and health. All pruning shall be in
accordance with the current version of the International Society of Arboriculture Best Management Practices‐Tree
Pruning and ANSI A300‐Part 1 Tree, Shrub and Other Woody Plant Management‐Standard Practices, (Pruning).
Public nuisance, means any tree, shrub, plant or part thereof growing in, or overhanging, a public street or
right‐of‐way, interfering with the use of any public street or public place in the Town, or tree which, in the opinion
of the Director, endangers the life, health, safety, comfort or property of any persons using such public street, or in
such public place, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of its
diseased condition, is hereby declared to be a public nuisance.
Public place means any road or street, or public school, or place of public assemblage, or real property,
building, or other space or area which is open to public access, and which is under public control, or maintained at
public expense, or which the Town or the County of Santa Clara, or the State of California, or the United States, as
the case may be, owns some or all interest or which it leases.
Public street means all or any portion of territory within the Town set apart and designated for the use of the
public as a thoroughfare for travel, including the sidewalks, curb and gutter.
Remove means any of the following: (1) Complete removal, such as cutting to the ground or extraction, of a
protected tree; (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health;
including but not limited to severe pruning, cutting, girdling, poisoning, overwatering, unauthorized relocation or
transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.
Severe pruning means topping or removal of foliage or significant scaffold limbs or large diameter branches
so as to cause permanent damage and/or disfigurement of a tree, and/or which does not meet specific pruning
goals and objectives as set forth in the current version of the International Society of Arboriculture Best
Management Practices‐Tree Pruning and ANSI A300‐Part 1 Tree, Shrub and Other Woody Plant Management‐
Standard Practices, (Pruning). Severe Pruning shall also include pruning as described in section 29.10.1010(3) of
this chapter.
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15)
feet high at maturity.
Significant impact on a property from a tree means an unreasonable interference with the normal and
intended use of the property. In determining whether there is a significant impact, the typical longevity of the
subject tree species, the size of the tree relative to the property, and whether the condition can be corrected shall
be considered. Normal maintenance, including but not limited to pruning not requiring a permit under this
division, and leaf removal and minor damage to paving or fences shall not be considered when making a
determination of significant impact.
Street tree means a tree in a public place, or along or within a public street or right‐of‐way.
Topping means the practice of cutting back large diameter branches of a tree, including but not limited to
cutting of a central leader, to some predetermined lower height to reduce the overall height of the tree, where the
remaining buds, stubs or lateral branches are not large enough to assume a terminal role.
Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi stemmed trunk
system with a more or less definitely formed crown, and is usually over ten (10) feet high at maturity.
Tree canopy replacement standard means a replacement tree formula to mitigate removal of a protected
tree. The standard is based on measuring the widest distance across the canopy of a tree for the purpose of
determining the mitigating size and number of replacement trees.
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Tree protection zone (TPZ) means the area of a temporary fenced tree enclosure under the tree's dripline or
as specified in a report prepared by a certified or consulting arborist. The TPZ is a restricted activity zone before
and after construction where no soil disturbance is permitted unless approved and supervised by the certified or
consulting arborist.
Tree Risk Rating means a categorization of risk based on an assessment of the likelihood of failure and
impact and the consequences such failure and impact would have on life, property, utilities, or essential
transportation systems. For purposes of this division, Tree Risk Rating shall be the rating of tree risk as provided for
in the International Society of Arboriculture (ISA) Tree Risk Assessment Best Management Practices Tree Risk
Rating Matrix, which categorizes risk as Extreme, High, Moderate or Low.
Tree value standard means the method of appraising a tree's value to a property using the Trunk Formula
Method or Replacement Cost Method as described in the most recent edition of the Guide for Plant Appraisal
published by the Council of Tree and Landscape Appraisers (CTLA) and the Species Classification and Group
Assignment by the Western Chapter of the International Society of Arboriculture (ISA).
Trunk means the primary structural woody part of the tree beginning at and including the trunk flare and
extending up into the crown from which scaffold branches grow.
Trunk flare means the area at the base of the plant's trunk where it broadens to form roots and is the
transition area between the root system and the trunk.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15; Ord. No. 2303, § II, 2‐4‐20)
Sec. 29.10.0960. Scope of protected trees.
This division shall apply to every property owner and to every person, corporation, partnership, sole
proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees protected by
this division are:
(1) All trees which have a twelve‐inch or greater diameter (thirty‐seven and one‐half‐inch circumference)
of any trunk or in the case of multi‐trunk trees, a total of eighteen inches or greater diameter (fifty‐six
and one‐half‐inch circumference) of the sum of all trunks, where such trees are located on developed
residential property.
(2) All trees which have an eight‐inch or greater diameter (twenty‐five‐inch circumference) of any trunk or
in the case of multi‐trunk trees, a total of eight inches or greater diameter (twenty‐five‐inch
circumference) of the sum of all trunks, where such trees are located on developed Hillside residential
property.
(3) All trees of the following species which have an eight‐inch or greater diameter (twenty‐five‐inch
circumference) located on developed residential property:
a. Blue Oak (Quercus douglasii);
b. Black Oak (Quercus kellogii);
c. California Buckeye (Aesculus californica);
d. Pacific Madrone (Arbutus menziesii).
(4) All trees which have a four‐inch or greater diameter (twelve and one half‐inch circumference) of any
trunk, when removal relates to any review for which zoning approval or subdivision approval is
required.
(5) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject
of such approval or otherwise covered by subsection (6) of this section (e.g., landscape or site plans).
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(6) Any tree that was required by the Town to be planted or retained by the terms and conditions of a
development application, building permit or subdivision approval in all zoning districts, tree removal
permit or code enforcement action.
(7) All trees, which have a four‐inch or greater diameter (twelve and one half‐inch circumference) of any
trunk and are located on property other than developed residential property.
(8) All publicly owned trees growing on Town lands, public places or in a public right‐of‐way easement,
which have a four‐inch or greater diameter (twelve and one‐half‐inch circumference) of any trunk.
(9) A protected tree shall also include a stand of trees, the nature of which makes each dependent upon
the other for the survival of the stand.
(10) The following trees shall also be considered protected trees and shall be subject to the pruning permit
requirements set forth in section 29.10.0982 and the public noticing procedures set forth in section
20.10.0994:
a. Heritage trees;
b. Large protected trees.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.0965. Prohibitions.
Except as provided in section 29.10.0970, it shall be unlawful:
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a permit
pursuant to this chapter.
(2) To prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three‐year
period, affecting twenty‐five (25) percent or more of any protected tree without first obtaining a
permit pursuant to this chapter.
(3) To prune, trim, or cut any branch or root greater than four (4) inches in diameter (twelve and one‐half
(12.5) inches in circumference) of a Heritage tree or large protected tree without first obtaining a
permit pursuant to this chapter.
(4) To conduct severe pruning as defined in section 29.10.0955 without first obtaining a permit pursuant
to this chapter.
(5) For any person or business entity engaged in the business of removing trees or tree care to perform
work requiring a permit under this division without first obtaining a permit under this division. The
permit shall be posted on‐site at all times during the removal or permitted pruning of a tree and must
be made available upon request from the Chief of Police, Code Compliance Officer, Director of Parks
and Public Works Department, or their designee. After a violation, the Los Gatos business license of the
violating person or entity shall be revoked for a period of one year.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
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).
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(2) Any of the following trees that are less than twenty‐four (24) inches in diameter (seventy‐five (75)
inches in circumference):
a. Black Acacia (Acacia melanoxylon)
b. Tulip Tree (Liriodendron tulipifera)
c. Tree of Heaven (Ailanthus altissima)
d. Blue Gum Eucalyptus (E. globulus)
e. Red Gum Eucalyptus (E. camaldulensis)
f Other Eucalyptus (E. spp.)‐Hillsides only
g. Palm (except Phoenix canariensis)
h. 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 Section 29.10.0960 ‐ Scope of Protected Trees.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15; Ord. No. 2303, § II, 2‐4‐20)
Sec. 29.10.0975. Emergency action.
A protected tree may be removed or severely pruned without a permit where it presents an imminent
danger to life, property, utilities or essential transportation systems and a Tree Risk Rating of Extreme or High is
present. In such event, the property owner or representative shall be responsible for the following:
(1) Notify the Town Parks and Public Works Department during business hours or the Police Department
after business hours and request authorization of the proposed emergency action, including removal or
severe pruning.
(2) Emergency action may be authorized by the Director, Town Manager, Parks and Public Works Director,
Town Arborist or their designees, or a member of the police or fire department or other emergency
personnel when the situation and conditions warrant immediate action to protect life or property and
other Town officials are unavailable.
(3) No later than seventy‐two (72) hours after the emergency action has been taken the property owner
shall submit photo documentation and written verification to the Town confirming the emergency
condition and describing the action taken.
If the Director determines that the condition was not reasonably determined to have been an emergency
requiring immediate action, the person responsible for removing or damaging the protected tree shall be subject
to fines and penalties as set forth in section 29.10.1025.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.0980. Applications for a tree removal or severe pruning permit.
Applications for a protected tree removal or severe pruning permit for trees on private property shall be
available from and filed with the Town as indicated on the application. Application submittals for the removal of
trees on public property (street trees) are provided for in section 26.10.060 of the Town Code. Applications for
tree removal or severe pruning on private property may be granted, denied or granted with conditions. Application
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submittals for removal or severe pruning of trees on private property shall include the following minimum
information for staff review:
(1) A completed tree removal application form, signed by the property owner.
(2) A written explanation of why each tree(s) should be removed or pruned and how it meets the Town's
Standards of Review.
(3) Photograph(s) of the tree(s).
(4) If required by the Director, a certified or consulting arborist's written assessment of the tree's
disposition shall be provided for review by the Town. The report shall be signed by the arborist and
include tree size (diameter, height, crown spread); location on the site; numbered on a site plan or
arborists tree survey (if there is more than one (1) tree); condition of health; condition of structure;
and if tree risk findings apply, a Tree Risk Assessment and Rating must be completed using the most
recent version of the Tree Risk Assessment Best Management Practices or any successor document
published by the International Society of Arboriculture. Other information, images, etc. may be
included in the report.
(5) If structural damage to a building, major landscape feature, or appurtenance, including utilities is the
basis for the request, a report from a licensed architect or engineer may also be required in addition to
an arborist report. This additional report shall describe what modifications to buildings, structures,
improvements or utilities would be required to mitigate the damage(s) directly caused by the tree.
(6) Payment of permit fee, as established by Town resolution.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.0982. Applications for heritage and large protected tree pruning permit.
A pruning permit is required where pruning of branches or roots greater than four (4) inches in diameter is
proposed for any Heritage tree or large protected tree. Applications shall be available from and filed with the
Town. Applications for pruning may be granted, denied or granted with conditions. Application submittals under
this section shall include the following minimum information for staff review:
(1) A completed pruning permit application, signed by the property owner.
(2) A written description of the proposed pruning including the pruning objectives and pruning methods to
be used consistent with International Society of Arboriculture Best Management Practices‐Tree
Pruning and ANSI A300‐Part 1 Tree, Shrub and Other Woody Plant Management‐Standard Practices,
(Pruning).
(3) Photographs of the tree indicating as best possible where pruning is to occur.
(4) If required by the Director, a certified or consulting arborist's written report describing the proposed
pruning.
(5) If structural damage to a building, major landscape feature, or appurtenance, including utilities is the
basis for the request, a report from a licensed architect or engineer may be required in addition to an
arborist report. This additional report shall describe what modifications to buildings, structures,
improvements or utilities would be required to mitigate the damages directly caused by the tree.
(6) Payment of permit fee, as established by Town resolution.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
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Sec. 29.10.0985. Determination and conditions of permit.
The Director shall determine whether to grant a permit. The Director may consult with other Town
departments or outside agencies at his/her discretion. When a development application for any zoning approval,
or subdivision of land, including lot line adjustment, is under consideration by the Planning Commission, the
determination on the tree removal permit shall be made concurrently by the Planning Commission with the
related matter. 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 (2) or more replacement trees of a species and a size designated by the Director or designee,
shall be planted in the following order of preference:
(1) Two (2) or more replacement trees, of a species and size designated by the Director, shall be planted
on the subject private property. Table 3‐1, Tree Canopy‐Replacement Standard shall be used as a basis
for this requirement. The person requesting the permit shall pay the cost of purchasing and planting
the replacement trees.
(2) If a tree or trees cannot be reasonably planted on the subject property, an in‐lieu payment in an
amount set forth by the Town Council by resolution shall be paid to the Town Tree Replacement Fund
to:
a. Add or replace trees on public property in the vicinity of the subject property; or
b. Add or replace trees or landscaping on other Town property; or
c. Support the Town's urban forestry management program.
Table 3‐1 — Tree Canopy — Replacement Standard
Canopy Size of Removed Tree1 Replacement
Requirement2, 4
Single Family Residential
Replacement Option3, 4
10 feet or less Two 24‐inch box trees Two 15‐gallon trees
More than 10 feet to 25 feet Three 24‐inch box trees Three 15‐gallon trees
More than 25 feet to 40 feet Four 24‐inch box trees; or
Two 36‐inch box trees
Four 15‐gallon trees
More than 40 feet to 55 feet Six 24‐inch box trees; or
Three 36‐inch box trees
Not Available
Greater than 55 feet Ten 24‐inch box trees; or
Five 36‐inch box trees
Not Available
Notes
1 To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy
size.
2 Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree
may be replaced with a combination of both the Tree Canopy Replacement Standard and in‐lieu
payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund.
3 Single Family Residential Replacement Option is available for developed single family residential lots under
n thousand (10,000) square feet that are not subject to the Town's Hillside Development Standards and
Guidelines. All fifteen‐gallon trees must be planted on‐site. Any in‐lieu fees for single family residential
shall be based on twenty‐four‐inch box tree rates as adopted by Town Council.
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4 Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available
planting location, proximity to structures, overhead clearances, soil type, compatibility with
surrounding canopy and other relevant factors. Replacement with native species shall be strongly
encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development
Standards and Guidelines Appendix A and section 29.10.0987 Special Provisions—Hillsides.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.0987. Special provisions‐hillsides
The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive habitat which is
also a key component of the Town's identity, character and charm. In order to maintain and encourage restoration
of the hillside environment to its natural state, the Town has established the following special provisions for tree
removal and replacement in the hillsides:
(1) All protected trees located thirty (30) or more feet from the primary residence that are removed shall
be replaced with native trees listed in Appendix A Recommended Native Trees for Hillside Areas of the
Town of Los Gatos Hillside Development Standards and Guidelines (HDS&G).
(2) All protected trees located within thirty (30) feet of the primary residence that are removed shall be
replaced as follows:
(a) If the removed tree is a native tree listed in Appendix A of the HDS&G, it shall only be replaced
with a native tree listed in Appendix A of the HDS&G.
(b) If the removed tree is not listed in Appendix A, it may be replaced with a tree listed in Appendix
A, or replaced with another species of tree as approved by the Director.
(c) Replacement trees listed in Appendix A may be planted anywhere on the property.
(d) Replacement trees not listed in Appendix A may only be planted within thirty (30) feet of the
primary residence.
(3) Replacement requirements shall comply with the requirements in Table 3‐1, Tree Canopy—
Replacement Standard of this Code.
(4) Property owners should be encouraged to retain dead or declining trees where they do not pose a
safety or fire hazard, in order to foster wildlife habitat and the natural renewal of the hillside
environment.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.0990. Standards of review.
The Director or deciding body shall review each application for a tree removal permit required by this
division using the following standards of review. The standards of review are intended to serve as criteria for
evaluating tree removal requests and the basis upon which the Director or the deciding body will subsequently
determine whether or not one (1) or more of the Required Findings listed in section 29.10.0992 can be made.
(1) The condition of the tree or trees with respect to: (a) disease, (b) imminent danger of falling, (c)
structural failure, (d) proximity to existing or proposed structures, (e) structural damage to a building,
or (f) a public nuisance caused by a tree. The International Society of Arboriculture (ISA) Best
Management Practices for Tree Risk Assessment shall be used where appropriate in determining a Tree
Risk Rating.
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(2) The condition of the tree giving rise to the permit application cannot be reduced to a less than
significant level by the reasonable application of preservation, preventative measures or routine
maintenance.
(3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent with the
neighborhood.
(4) The number of trees the particular parcel can adequately support according to good urban forestry
practices, or whether a protected tree is a detriment to or crowding another protected tree.
(5) In connection with a proposed subdivision of land into two (2) or more parcels, the removal of a
protected tree is unavoidable due to restricted access to the property or deemed necessary to repair a
geologic hazard (landslide, repairs, etc.).
(6) Except for properties located within the hillsides, the retention of a protected tree would result in
reduction of the otherwise‐permissible building envelope by more than twenty‐five (25) percent.
(7) The Hillside Development Standards and Guidelines.
(8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's aesthetic
and biological significance; the topography of the land and the effect of the removal of the tree on
erosion, soil retention, or diversion or increased flow of surface waters.
(9) Whether the Protected Tree has a significant impact on the property. Significant impact from a tree is
defined in section 29.10.0955. Definitions.
(10) The species, size (diameter, canopy, height), estimated age and location on the property of the
protected tree.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
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 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.
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(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.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15; Ord. No. 2303, § II, 2‐4‐20)
Sec. 29.10.0994. Additional procedures for heritage and large protected tree removal or
pruning permits.
(1) These procedures are established for the review of Heritage tree and large protected tree removal or
pruning permit applications where a permit is requested for a tree that is not dead, severely disfigured,
profoundly diseased, or an Extreme or High Risk on the ISA Tree Risk Rating Matrix, and where findings (1) or
(2) above cannot be made.
(2) In addition to the fee and application materials required by section 29.10.0980 or section 29.10.0982, the
applicant will be required to submit one (1) set of stamped, addressed envelopes for neighboring residents
and property owners. The Planning Department will assist the applicant in determining the properties to be
notified (all properties abutting the applicant's parcel, properties directly across the street and the two (2)
parcels on each side of it).
(3) The Director shall review the application using the Standards of Review set forth in section 29.10.0990 and
the Required Findings set forth in section 29.10.0992.
(4) If the Director intends to approve the application, a "Notice of Pending Issuance of Tree Removal or Pruning
Permit" will be mailed to neighboring residents and property owners including any applicable conditions, and
required tree replacement requirements. The notice will describe the proposed tree removal or pruning, and
that the permit will be issued unless there is an objection. Any interested party shall have ten (10) days from
the date of the "Notice of Pending Issuance of Tree Removal or Pruning Permit" to notify the Director in
writing of any concerns or problems.
(5) If a written objection is not filed within the ten‐day period, the permit will be issued. If a written objection is
filed and a resolution is found that meets all parties' concerns then the permit will also be issued.
(6) If an objection is filed in a timely manner and a mutually acceptable resolution cannot be agreed upon with
the Director within ten (10) days, the objecting party shall be so advised and shall be provided an additional
five (5) days to file a formal appeal of the tree removal or pruning permit with the Town, which shall be
scheduled for consideration by the Planning Commission. All property owners and residents notified under
section 29.10.0994(4) shall be notified of the Planning Commission meeting.
(7) Trees removed illegally or damaged shall require the issuance of a retroactive tree removal permit. Once this
retroactive permit is issued, along with any accessed monetary penalties and replacement requirements,
then any Stop Work Order shall be removed.
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(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building, grading or demolition permit
where no discretionary development approval is required, shall be accompanied by a signed tree disclosure
statement by the property owner or authorized agent which discloses whether any protected trees exist on
the property which is the subject of the application, and describing each such tree, its species, size (diameter,
canopy dripline area, height) and location. This requirement shall be met by including the following
information on plans submitted in connection with the development application.
(b) The location of all trees on the site and in the adjacent public right‐of‐way which are within thirty (30) feet of
the area proposed for development, and trees located on adjacent property with canopies overhanging the
project site, shall be shown on the plans, identified by species, size (diameter, canopy, dripline area, height),
and location.
(c) Within the dripline area or area that would affect a protected tree, the location of shrubs and other
vegetation subject to development shall be shown on the plans.
(d) The director may require submittal of such other information as is necessary to further the purposes of this
division including but not limited to photographs.
(e) Disclosure of information pursuant to this section shall not be required when the development for which the
approval or permit is sought does not involve any change in building footprint nor any grading, trenching or
paving.
(f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement
shall constitute a violation of this division.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the removal of
or impact to one (1) or more protected trees. The development application shall include a Tree Survey Plan
and Tree Preservation Report based on this survey. The tree survey inventory numbers shall correspond to a
numbered metal tag placed on each tree on site during the tree survey. Tree survey inventory number tags
in place from previous tree surveys, if easily visible, shall be retained and used in any new tree survey report.
The tree survey plan shall be prepared by a certified or consulting arborist, and shall include the following
information:
(1) Location of all existing trees on the property as described in section 29.10.0995;
(2) Identify all trees that could potentially be affected by the project (directly or indirectly‐immediately or
in long term), such as upslope grading or compaction outside of the dripline;
(3) Notation of all trees classified as protected trees;
(4) In addition, for trees four (4) inches in diameter or larger, the plan shall specify the precise location of
the trunk and crown spread, and the species, size (diameter, height, crown spread) and condition of
the tree.
(b) The tree survey plan shall be reviewed by the Town's consulting arborist who shall, after making a field visit
to the property, indicate in writing or as shown on approved plans, which trees are recommended for
preservation (based on a retention rating of high/moderate/low) using, as a minimum, the Standards of
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Review set forth in section 29.10.0990. This plan shall be made part of the staff report to the Town reviewing
body upon its consideration of the application for new property development;
(c) When development impacts are within the dripline of or will affect any protected tree, the applicant shall
provide a tree preservation report prepared by a certified or consulting arborist. The report, based on the
findings of the tree survey plan and other relevant information, shall be used to determine the health and
structure of existing trees, the effects of the proposed development and vegetation removal upon the trees,
recommendations for specific precautions necessary for their preservation during all phases of development
(demolition, grading, during construction, landscaping); and shall also indicate which trees are proposed for
removal. The tree preservation report shall stipulate a required tree protection zone (TPZ) for trees to be
retained, including street trees, protected trees and trees whose canopies are hanging over the project site
from adjacent properties. The TPZ shall be fenced as specified in section 29.10.1005:
(1) The final approved tree preservation report shall be included in the building permit set of development
plans and printed on a sheet titled: Tree Preservation Instructions (Sheet T‐1). Sheet T‐1 shall be
referenced on all relevant sheets (civil, demolition, utility, landscape, irrigation) where tree impacts
from improvements may be shown to occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to protect all trees
recommended for preservation by the Town's consulting arborist. The Town reviewing body may
determine if any of the trees recommended for preservation should be removed, if based upon the
evidence submitted the reviewing body determines that due to special site grading or other unusual
characteristics associated with the property, the preservation of the tree(s) would significantly
preclude feasible development of the property as described in section 29.10.0990;
(3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply with the
following requirements and conditions of approval:
a. The applicant shall, within ninety (90) days of final approval or prior to issuance of a grading or
building permit, whichever occurs first, secure an appraisal of the condition and value of all trees
included in the tree report affected by the development that are required to remain within the
development using the Tree Value Standard methodology as set forth in this Chapter. The
appraisal of each tree shall recognize the location of the tree in the proposed development. The
appraisal shall be performed in accordance with the current edition of the Guide for Plant
Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species and
Group Classification Guide published by the Western Chapter of the International Society of
Arboriculture. The appraisal shall be performed at the applicant's expense, and the appraisal shall
be subject to the Director's approval.
b. The site or landscape plans shall indicate which trees are to be removed. However, the plans do
not constitute approval to remove a tree until a separate permit is granted. The property owner
or applicant shall obtain a protected tree removal permit, as outlined in section 29.10.0980, for
each tree to be removed to satisfy the purpose of this division.
(d) Prior to acceptance of proposed development or subdivision improvements, the developer shall submit to
the Director a final tree preservation report prepared by a certified or consulting arborist. This report shall
consider all trees that were to remain within the development. The report shall note the trees' health in
relation to the initially reported condition of the trees and shall note any changes in the trees' numbers or
physical conditions. The applicant, or their successors, will then be responsible for the removal or loss of any
tree at any time during development that was not previously approved for removal. For protected trees
which were removed, the developer shall pay a penalty in the amount of the appraised value of such tree in
addition to replacement requirements contained in section 29.10.0985 of this Code. The applicant shall
remain responsible for the health and survival of all trees within the development for a period of five (5)
years following acceptance of the public improvements of the development or certificate of occupancy.
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(e) Prior to issuance of any demolition, grading or building permit, the applicant or contractor shall submit to the
Building Department a written statement and photographs verifying that the required tree protection fence
is installed around street trees and protected trees in accordance with the tree preservation report.
(f) If required by the Director and conditioned as part of a discretionary approval, a security guarantee shall be
provided to the Town. Prior to the issuance of any permit allowing construction to begin, the applicant shall
post cash, bond or other security satisfactory to the Director, in the penal sum of five thousand dollars
($5,000.00) for each tree required to be preserved, or twenty‐five thousand dollars ($25,000.00), whichever
is less. The cash, bond or other security shall be retained for a period of one (1) year following acceptance of
the public improvements for the development and shall be forfeited in an amount equal to five thousand
dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be preserved are
removed, destroyed or severely damaged.
(g) An applicant with a proposed development which requires underground utilities shall avoid the installation
of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable,
all trenching shall be done using directional boring, air‐spade excavation or by hand, taking extreme caution
to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all
times by a certified or consulting arborist.
(h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any
development approval condition concerning preservation, protection, and maintenance of any protected
tree.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials. Six (6) foot high chain link fencing, mounted on two‐inch diameter galvanized iron
posts, shall be driven into the ground to a depth of at least two (2) feet at no more than ten‐foot
spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan,
posts may be supported by a concrete base.
(2) Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline area or at
the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure
for street trees located in a planter strip: chain link fence around the entire planter strip to the outer
branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown):
orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with two‐
inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark
or branches.
(3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or construction
permits are issued and remain in place until the work is completed. Contractor shall first obtain the
approval of the project arborist on record prior to removing a tree protection fence.
(4) Warning sign. Each tree fence shall have prominently displayed an eight and one‐half‐inch by eleven‐
inch sign stating: "Warning—Tree Protection Zone—This fence shall not be removed and is subject to
penalty according to Town Code 29.10.1025."
(b) All persons, shall comply with the following precautions:
(1) Prior to the commencement of construction, install the fence at the dripline, or tree protection zone
(TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained
which could be affected by the construction and prohibit any storage of construction materials or other
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materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in
any way so as to increase the encroachment of the construction.
(2) Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading,
drainage and leveling within the dripline of the tree unless approved by the Director.
(3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline
of or in drainage channels, swales or areas that may lead to the dripline of a protected tree.
(4) Prohibit the attachment of wires, signs or ropes to any protected tree.
(5) Design utility services and irrigation lines to be located outside of the dripline when feasible.
(6) Retain the services of a certified or consulting arborist who shall serve as the project arborist for
periodic monitoring of the project site and the health of those trees to be preserved. The project
arborist shall be present whenever activities occur which may pose a potential threat to the health of
the trees to be preserved and shall document all site visits.
(7) The Director and project arborist shall be notified of any damage that occurs to a protected tree during
construction so that proper treatment may be administered.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1010. Pruning and maintenance.
Tree pruning must not be done in a manner that is detrimental to the tree. Any action undertaken which
intentionally or recklessly causes or tends to cause injury, death, or disfigurement to a tree is considered to be
detrimental. Examples of detrimental actions which are prohibited may include cutting, poisoning, burning, over‐
watering, relocating, or transplanting a tree.
All tree pruning shall be in accordance with the current version of the International Society of Arboriculture
Best Management Practices‐Tree Pruning and ANSI A300‐Part 1 Tree, Shrub and Other Woody Plant Management‐
Standard Practices, (Pruning) and any special conditions as determined by the Director. For developments, which
require a tree preservation report, a certified or consulting arborist shall be in reasonable charge of all activities
involving protected trees, including pruning, cabling and any other work if specified.
(1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the
vicinity of a protected tree shall obtain permission from the Director before performing any work,
including pruning, which may cause injury to a protected tree (e.g. cable TV/fiber optic trenching, gas,
water, sewer trench, etc.).
(2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance with
the current version of the American National Standards Institute (ANSI) A300 (Part 1)‐Pruning, Section
5.9 Utility Pruning. Using spikes or gaffs when pruning, except where no other alternative is available, is
prohibited.
(3) No person shall prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a
three‐year period, affecting twenty‐five percent or more of the crown of any protected tree without
first obtaining a permit pursuant to this division except for pollarding of fruitless mulberry trees (Morus
alba) or other species approved by the Town Arborist. Applications for a pruning permit shall include
photographs indicating where pruning is proposed.
(4) No person shall remove any Heritage tree or large protected tree branch or root through pruning or
other method greater than four (4) inches in diameter (twelve and one‐half (12.5) inches in
circumference) without first obtaining a permit pursuant to this division.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
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Sec. 29.10.1015. No limitation of authority.
Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title 29
(Zoning Regulations), Title 26 (Public Trees) or the Hillside Development Standards and Guidelines to require trees
and other plants to be identified, retained, protected, and/or planted as conditions of the approval of
development. In the event of conflict between provisions of this division and conditions of any permit or other
approval granted pursuant to Chapter 29 or Chapter 26 of the Town Code or the Hillside Development Standards
and Guidelines. The more protective requirements shall prevail.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1020. Responsibility for enforcement.
The Town shall vigorously enforce the provisions of this Chapter. All officers and employees of the Town
shall report violations of this division to the Director of Community Development. Whenever an Enforcement
Officer as defined in section 1.30.015 of the Town Code determines that a violation of this Code has occurred, the
Enforcement Officer shall have the authority to issue an administrative citation pursuant to the provisions of
section 1.30.020 of the Town Code.
Whenever an Enforcement Officer charged with the enforcement of this Code determines that a violation of
that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to
any person responsible for the violation.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1025. Enforcement—Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies
shall be available to the Town for violation of this division. These remedies can be levied against any person,
property owner, firm or corporation who intentionally or negligently violates any of the provisions of this chapter
or any permit issued pursuant to it, or who fails to comply with any condition of any discretionary permit which
relates to protected tree preservation:
(1) Tree removals in absence of or in anticipation of development.
a. If a violation occurs in the absence of or prior to proposed development, then discretionary
applications and/or building permit applications will not be accepted or processed by the Town
until the violation has been remedied to the reasonable satisfaction of the Director. Mitigation
measures as determined by the Director may be imposed as a condition of any subsequent
application approval or permit for development on the subject property. A mitigation plan shall
include specific measures for the protection of any remaining trees on the property, and shall
provide for the replacement of each hillside tree that was removed or damaged illegally with a
new tree(s) in the same location(s) as those illegally removed or damaged tree(s). The
replacement ratio shall be at a greater ratio than that required in accordance with the standards
set forth in section 29.10.0985 of this division. If the court or the Director directs a replacement
tree or trees to be planted as part of the remedy for the violation, the trees shall be permanently
maintained in a good and healthy condition. The property owner shall execute a five‐year written
maintenance agreement with the Town. For those trees on public property, replacement is to be
determined by the Director of Community Development or by the Director of Parks and Public
Works.
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b. The violation of any provisions in this division during the conduct by any person of a tree
removal, landscaping, construction, or other business in the Town shall constitute grounds for
revocation of any business license issued to such person. The Town shall require the property
owner to disclose the name and address of the violating business as a necessary condition for
removal of any Stop Work Order issued by the Town.
(2) Pending development applications.
a. Incomplete applications will not be processed further until the violation has been remedied. If an
application has been deemed complete, it may be denied by the Director or forwarded to the
Planning Commission with a recommendation for denial at the Director's discretion. Mitigation
measures as determined by the director may be imposed as a condition of approval. A mitigation
plan shall include specific measures for the protection of any remaining trees on the property,
and shall provide for the replacement of each hillside tree that was removed or damaged illegally
with a new tree(s) in the same location(s) as those illegally removed tree(s). The replacement
ratio shall be at a greater ratio than that required in accordance with the standards set forth in
section 29.10.0985 of this division. If the court or the Director directs a replacement tree or trees
to be planted as part of the remedy for the violation, the trees shall be permanently maintained
in a good and healthy condition. The property owner shall execute a five‐year written
maintenance agreement with the Town. For those trees on public property, replacement is to be
determined by the Director of Community Development or by the Director of Parks and Public
Works.
b. The violation of any provisions in this division during the conduct by any person of a tree
removal, landscaping, construction, or other business in the Town shall constitute grounds for
revocation of any business license issued to such person. The Town shall require the property
owner to disclose the name and address of the violating business as a necessary condition for
removal of any Stop Work Order issued by the Town.
(3) Projects under construction.
a. If a violation occurs during construction, the Town may issue a stop work order suspending and
prohibiting further activity on the property pursuant to the grading, demolition, and/or building
permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a
mitigation plan has been filed with and approved by the Director, agreed to in writing by the
property owner(s) or the applicant(s) or both, and either implemented or guaranteed by the
posting of adequate security in the discretion of the Director. A mitigation plan shall include
specific measures for the protection of any remaining trees on the property, and shall provide for
the replacement of each hillside tree that was removed illegally with a new tree(s) in the same
location(s) as those illegally removed tree(s). The replacement ratio shall be at a greater ratio
than that required in accordance with the standards set forth in section 29.10.0985 of this
division. If the court or the Director directs a replacement tree or trees to be planted as part of
the remedy for the violation, the trees shall be permanently maintained in a good and healthy
condition. The property owner shall execute a five‐year written maintenance agreement with the
Town. For those trees on public property, replacement is to be determined by the Director of
Community Development or by the Director of Parks and Public Works.
b. The violation of any provisions in this division during the conduct by any person of a tree
removal, landscaping, construction, or other business in the Town shall constitute grounds for
revocation of any business license issued to such person. The Town shall require the property
owner to disclose the name and address of the violating business as a necessary condition for
removal of any Stop Work Order issued by the Town..
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(4) Criminal penalties. Notwithstanding section 29.20.950 relating to criminal penalty, any person who
violates any provision of this chapter and is convicted of a misdemeanor shall be punished by a fine of
not more than $1,000.00 or by imprisonment of not more than 6 months or by both such fine and
imprisonment. Each person convicted may be deemed guilty of a separate offense for every day during
any portion of which any violation is committed or permitted.
(5) Civil penalties. Notwithstanding section 29.20.950 and Section (4) above, relating to criminal penalty,
any person, property owner, firm, or corporation who intentionally or negligently violates any of the
provisions of this chapter or any permit issued pursuant to it, or who fails to comply with any condition
of any discretionary permit which relates to protected tree preservation, found to have violated
section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in subsections a.
through d.
a. As part of a civil action brought by the Town, a court may assess against any person who
commits, allows, or maintains a violation of any provision of this division a civil penalty in an
amount not to exceed five thousand dollars per violation. For damaged trees, in addition to civil
penalties, the property owner will be required to obtain the services of an ISA certified arborist to
determine the future viability of the tree and if salvageable, create a maintenance plan to restore
the tree.
b. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an
amount not to exceed five thousand dollars ($5,000.00) per tree unlawfully removed, or the
replacement value of each such tree, whichever amount is higher. If the tree removal is related
to any development or subdivision then the civil penalties shall be the value of the tree times
four, plus all related staff costs. Such amount shall be payable to the Town and deposited into
the Tree Replacement Fund. Replacement value for the purposes of this section shall be
determined utilizing the most recent edition of the Guide for Plant Appraisal, as prepared by the
Council of Tree and Landscape Appraisers and the Species and Group Classification Guide
published by the Western Chapter of the International Society of Arboriculture.
c. If the court or the Director directs a replacement tree or trees to be planted as part of the
remedy for the violation, the trees shall be permanently maintained in a good and healthy
condition. The property owner shall execute a five‐year written maintenance agreement with the
Town.
d. The cost of enforcing this division, which shall include all costs, staff time, and attorneys' fees.
(56) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation
of such violation.
(67) Costs. In any civil action brought pursuant to this division in which the Town prevails, the court shall
award to the Town all costs of investigation and preparation for trial, the costs of trial, reasonable
expenses including overhead and administrative costs incurred in prosecuting the action, and
reasonable attorney fees.
(8) Remedies not exclusive. To the maximum extent permitted by law, administrative remedies specified in
this chapter are in addition to and do not supersede or limit any and all other provided for herein shall
be cumulative and not exclusive.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Created: 2021‐11‐29 16:13:46 [EST]
(Supp. No. 87)
Page 19 of 19
Sec. 29.10.1030. Fees.
The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall accompany
the removal or pruning permit application submitted to the Town for review and evaluation pursuant to this
division.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1035. Severability.
If any provision of this division or the application thereof to any person or circumstance is held to be invalid
by a court of competent jurisdiction, such invalidity shall not affect any other provision of this division which can
be given effect without the invalid provision or application, and to this end the provisions of this division are
declared to be severable.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1040. Notices.
All notices required under this division shall conform to noticing provisions of the applicable Town Code.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec. 29.10.1045. Appeals.
Any interested person, as defined in section 29.10.020 of the Town Code, may appeal a decision of the
director pursuant to this division in accordance with the procedures set forth in section 29.20.260 of the Town
Code. All appeals shall comply with the public noticing provisions of section 29.20.450 of the Town Code.
(Ord. No. 2240, § I (Exh. B), 6‐2‐15)
Sec 29.10.1050 No liability upon the Town.
Nothing in this chapter shall be deemed to impose any liability upon the Town or upon any of its officers or
employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition
any trees and shrubs upon that private property or upon sidewalks and planting areas in front of that property.
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