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DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 06/16/03
ITEM NO. a `P
COUNCIL AGENDA REPORT
June 9, 2003
MAYOR AND TOWN COUNCIL
TOWN MANAGER
CONSIDER AMENDING THE TOWN CODE TO UPDATE THE TREE
PROTECTION ORDINANCE. IT HAS BEEN DETERMINED THAT THIS
PROJECT COULD NOT HAVE A SIGNIFICANT IMPACT ON THE
ENVIRONMENT, THEREFORE, THE PROJECT IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (SECTION 15061(13)(3)).
APPLICANT: TOWN OF LOS GATOS. FILE NO. A- 03 -01.
RECOMMENDATION:
1. Open and hold the public hearing and receive public testimony;
2. Close the public hearing;
3. Make the required finding that the Zoning Code Amendment is consistent with the General
Plan and the Hillside Specific Plan;
4. Direct the Clerk to read the title of the ordinance;
5. Move to waive the reading of the ordinance;
6. Introduce the Ordinance (Attachment 1) to effectuate Zoning Code Amendment A- 03 -01.
BACKGROUND:
The review and update of the Tree Protection Ordinance is a General Plan implementing strategy
included in the current Work Plan for Fiscal Year 2002 -03. The current tree ordinance was adopted
in 1976 and was last updated in 1984. As directed by the Town Council, a Request for Proposal
(RFP) for the Tree Ordinance update was distributed in March 2002. The Town considered
proposals from four qualified arborists. Panel interviews were conducted in April 2002, and Dave
(Continued to Page 2)
PREPARED BY: BUD N: LO TZ
f TOR OFCOMMUNTI Y DEVELOPMENT
RTIS TOR OF PARKS &PUBLIC WORKS
Reviewed by: CS Assistant Town Manager Attorney Clerk Finance
Community Development Revised: 6/9/03 3:42 pm
Reformatted: 523/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ADOPTING A NEW TREE PROTECTION ORDINANCE
June 12, 2003
Dockter, APC, was determined to be the best qualified to revise the Town's Tree Protection
Ordinance. The Town Council authorized the Town Manager to enter into an agreement with Mr.
Dockter for preparation of the revised Tree Protection Ordinance and work commenced in
September 2002.
Council's direction to staff was to create an ordinance that provided the same overall tree protection
that is provided by the current ordinance. The Council directed staff to refine the ordinance to
provide clarity, add definitions and ensure consistent application. The draft ordinance was reviewed
by the General Plan Committee (GPC) and was forwarded to the Planning Commission with a
recommendation for approval. The Commission considered the draft ordinance on April 9, 2003 and
formulated a recommendation to Council as discussed below. The current ordinance has been
included as Attachment 2 and a comparison matrix has been prepared contrasting the draft and
current ordinances (see Attachment 3).
On May 5, 2003, the Town Council adopted a new fee schedule. A fee is included for Tree Removal
Permits of $100 for one tree, and $50 for each additional tree. If a permit is denied, 50% of the
application fee will be refunded.
DISCUSSION:
Planning Commission Action
The Planning Commission considered the draft Tree Ordinance on April 9, 2003. The Commission
decided to forward the draft ordinance to the Council with a recommendation for adoption with the
following items for consideration:
Consider allowing removal of trees that have outgrown a site, non - native trees in the hillside
and specific species that are not desirable without permit, or exempting them from protected
tree status.
Integrate restrictions on vegetation removal and grading criteria into the ordinance and make
it a conservation ordinance.
Attachment 4 are the minutes from the April 9, 2003 Planning Commission meeting. Staff has made
changes that were in keeping with Council direction and/or that follow best management practices
(see Attachment 1). Recently, additional comments were submitted by Commissioner Quintana (see
Attachment 9). The issues raised by the Commission at the April 9 meeting are discussed below.
Exclusion of Certain Tree Species
Several categories of trees have been suggested for exclusion from the Tree Ordinance requirements
(permit for tree removal): "monster" or over -sized trees; targeted species such as Eucalyptus or
Acacia; and all non - native trees in the hillside. These issues are discussed below. The ordinance
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ADOPTING A NEW TREE PROTECTION ORDINANCE
June 9, 2003
has not been revised to address these issues. If Council determines that any or all of these issues
should be addressed in the ordinance, it should provide specific direction to staff through consensus
motions with respect to each issue. The Council should provide direction on each of the three
categories of trees.
1. "Monster" or over -sized trees: It has been suggested that trees that have outgrown their site
be exempt from the provisions of the Tree Ordinance. There was public testimony and
discussion by the Planning Commission on this issue. While there are occasions where trees
have grown very large, they are not always damaging or threatening property or creating a
hazardous situation. Staff believes that it is most responsible to assess each situation as it
arises and to make a determination on the removal of a tree based on the specific
circumstances. This is the current practice and would not be a significant workload issue for
staff. There is adequate provision in the new ordinance to enable a large tree to be removed
if it is damaging a structure, is a significant impact on or limits the use of a property by more
than 25 %.
2. Targeted Species: It has also been suggested that certain tree species such as Eucalyptus and
Acacia be excluded from protected tree status. This comment was also made during the
public hearing and then discussed by the Comrission. Staff recommends against this
concept in part because the Town regulations have historically protected all trees over a
certain size regardless of species, except for orchard trees. It is acknowledged that some
species may have undesirable characteristics, such as structural problems orpollen, however,
not all trees should be removed because they are a member of that particular species. Rather,
a tree should be evaluated based on its size, condition, location and impact on the property
it is located on and/or on surrounding properties. In some cases, trees or groupings of trees
are landmarks and help define a neighborhood or area. There are examples of trees that
should not be removed because they are historic, excellent specimens, are protecting against
erosion, or are an important part of the natural landscape. Town staff would like to continue
to reserve the right to review individual tree(s) and make a determination on their removal
on a case by case basis. Staff does not anticipate a work load issue as the Parks & Public
Works Department has been operating this way and can continue to do so. Following
discussion at the April 9 Planning Commission meeting, a letter was received from a
Planning Commissioner on this issue (see Attachment 7).
Consulting Arborist Dave Dockter cautions against using exclusion categories and has
indicated that several communities have purposely determined not to incorporate wholesale
exclusion of certain species because of the potential loss of extremely valuable and
prominent specimens that serve as community landmarks.
3. Non - native trees in the hillside: At the April 9 Commission meeting, a Town resident
recommended that non - native trees in the hillside not be protected. Information supporting
this recommendation was submitted for the Council's information (see Attachment 8).
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ADOPTING A NEW TREE PROTECTION ORDINANCE
June 9, 2003
While there is a case for removal of non - native species that are invasive or compete for space
with native species, it is not cause for the wholesale removal of trees simply because they are
not indigenous to an area. As with the other two categories of trees suggested for exclusion
from protected tree status, staff recommends assessing requests for removal on a case by case
basis. Additionally, the diverse makeup of the hillsides is composed of a significant number
of non - native trees that have naturalized and/or have been accepted as part of the character
and quality of a neighborhood. Therefore, staff recommends against the wholesale removal
of any non - native trees. These trees are currently protected under the existing ordinance, and
such an action would reverse a Town policy that has preserved the fabric of our community
for over 30 years.
Conservation Ordinance
The concept of adopting a "conservation" ordinance combining tree and grading criteria was brought
up at the April 9 Planning Commission meeting (refer to Attachment 8) and was well received by
the Commission. The Community Development and Parks & Public Works Departments do not
support an integrated ordinance as it would create confusion and would be difficult to manage and
administer. The Tree Ordinance update was not intended to change present policy. The Engineering
Division intends to update the Grading & Erosion Control Ordinance although it is not funded in the
budget for the next fiscal year. However, if Council indicates as a separate but specific directive,
the Grading Ordinance update could be considered for funding in the next budget cycle. The Town
has had Tree City USA status for 23 years. Only 150 entities in the state have this distinction. Staff
is concerned about taking actions that may jeopardize this status.
Issues raised by Dr. Dave Weissman regarding clearing of vegetation and grading violations have
been considered and new language has been incorporated into the draft ordinance to regulate
vegetation removal. Staff is committed to the proactive and aggressive enforcement of the Grading
Ordinance and has established new administrative procedures to ensure compliance. The
Engineering Division is now fully staffed and planning and engineering staff have been fully
informed about grading and tree removal concerns and issues. Past issues can and have been
avoided due to steps taken by current staff, and the adoption of the new Tree Ordinance.
Slow Growing Trees
The Planning Commission requested that staff investigate other native species that may be slower
growing for consideration in the Tree Ordinance. Staff has evaluated this request in consultation
with the Consulting Arborist and concluded that four species have particular importance to the
hillside woodland and local Town character. These species are Blue Oak (Quercus douglasii), Black
Oak (Quercus kellogi), California Buckeye (Aesculus californica) and Pacific Madrone (Arbutus
menznzii). These trees may be either:
a. Relatively old compared to other native vegetation of similar size;
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ADOPTING A NEW TREE PROTECTION ORDINANCE
June 9, 2003
b. Have particular habitat importance to hillside areas because of their inherent
characteristics; or
C. Exist in spite of increasing difficulty of on -going regeneration or propagation in the
natural and/or developed areas of Los Gatos.
These trees may have a much smaller trunk diameter to be considered protected as provided for in
the new ordinance (12- inches for trees on a property with existing development and no previous
zoning or subdivision approvals). A trunk diameter in the eight -inch (25 -inch circumference
measured at 36- inches above grade) range would be more appropriate for the protection of trees such
for trees that fall into the slow growing category. An additional category was added to section
29.10.0960, Protected Trees, identifying certain species of native trees that are slow growing and
stating a smaller trunk diameter (eight- inches) to qualify for protected status.
Tree Technical Manual
Following adoption of the revised Tree Preservation Ordinance, staff and the consulting arborist will
be preparing a supporting Tree Technical Manual. The technical manual will be a compendium of
all referenced forms and documents mentioned in the ordinance and will be available as a reference
document for residents, arborists and tree service companies. A complete discussion on the tree
technical manual is contained on pages 4 and 5 of the Report to the Planning Commission
(Attachment 5).
CONCLUSION:
Staff recommends that the Council adopt the new Tree Protection Ordinance (Attachment 1) as
drafted.
FISCAL IMPACT: None
Attachments:
1. Draft Tree Protection Ordinance (13 pages)
2. Current Tree Protection Ordinance (three pages)
3. Revised Comparison Matrix (six pages)
4. Planning Commission Minutes of April 9, 2003 (15 pages)
5. Report to the Planning Commission dated April 4, 2003 for agenda of April 9, 2003, with
Exhibits A -E
6. Planning Commission desk Item dated April 9, 2003, with Exhibit F
7. Letter from Jeanne Drexel (one page), received April 28, 2003
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER ADOPTING ANEW TREE PROTECTION ORDINANCE
June 9, 2003
8. Information on native trees submitted by Dr. Dave Weissman (eight pages), received May
28, 2003
9. Letter from Lee Quintana (five pages), received June 5, 2003
BNL:SD
cc: Dave Dockter, APC, 255 Calle Marguerita, Los Gatos, CA 95032
Dave Weissman, 15431 Francis Oaks Way, Los Gatos, CA 95032
N.OEV U2 NE%Cow Mepom \E "2 -03\T=OWi e.wpd
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE
TOWN CODE, CHAPTER 29, DIVISION 2, SECTION 29.10.0950 THROUGH 29.10.0985, TO REVISE
THE TREE PROTECTION ORDINANCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29, Division 2 (sections 29.10.0950 through 29.10.0985) is repealed and replaced with
the following:
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus, Sycamore,
Redwood, Pine and other trees, and contains individual trees of great beauty. The health and welfare of the
citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town,
prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract
pollutants in the air, maintain climatic balance and decrease 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. 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. This section does
not supersede the provisions of Division 26 of this Code.
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 that (1) upon which, under applicable zoning regulations, a
structure may be built outside of required setbacks without a variance or; (2) 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.
Dangerous means a tree, which is an imminent hazard or threat to the safety of persons or property.
Development means any work upon any property in the Town which requires a subdivision, planned
community zone, variance, use permit, building permit, demolition permit, grading permit or other Town
approval or which involves excavation, landscaping, construction or clearing and grubbing within the dripline
or any area that would affect a Protected Tree.
Page 1 of 13
ATTACHMENT 1
Diameter means measurement of the trunk diameter (circumference) for the purpose of applying this section
shall be made three feet (36- inches) above natural grade. Measurement of multi - trunked trees shall be
determined by the sum of all trunks measured above the trunk union.
Director means the Director of Community Development, Director of Parks and Public Works or the
Director's designated representative.
Dripline area means the area within X distance from the perimeter of the trunk of the tree at three feet (36-
inches) above natural grade, where X equals a distance ten times the diameter of the trunk as measured at
three feet (thirty-six inches).
Protected Tree means a woody perennial plant, usually with one (1) main stem or trunk, and many branches.
It may appear to have several stems or trunks and is usually over ten (10) feet high at maturity. A tree in the
Protected Tree category 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, such as to control
growth and enhance performance or function by developing and preserving tree structure and health in
accordance with the current version of the Best Management Practices —Tree Pruning (ANSI A300 —Part
1), produced by the International Society of Arboriculture (ISA).
Public Nuisance, as described in Section 26.10.055, means any trees, shrubs, plants or parts thereof growing
in, or overhanging, a public street or right -of -way, or upon private property, interfering with the use of any
public street or public place in the Town, or trees which, in the opinion of the Director, endanger 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.
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 either the removal of more than one -fourth of the functioning leaf and stem area of a
tree in any twelve -month period, topping or removal of foliage so as to cause the unbalancing or unnatural
shape of a tree.
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15)
feet high at maturity.
Significant impact from a tree on a property 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, and leaf removal and minor damage
to paving or fences shall not be considered when making a determination of significant impact.
Street tree means those trees in a public place, or along or within a public street or right -of -way
Topping means heading back of the crown and/or creating large stubs without regard to form.
Page 2 of 13
Tree Protection Zone (TPZ) means the area of 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
where no soil disturbance is permitted unless approved and supervised by the certified or consulting arborist.
Tree Canopy 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.
Tree Value Standard means the method of appraising a tree's value to a property using the trunk formula as
described in the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and
Landscape Appraisers (CTLA).
Undeveloped Lot means any lot that is significantly under - developed or utilized against current zoning.
Parcels that feature roads, walls, landscaping or other such improvements are considered undeveloped (See
also, vacant lot).
Vacant Lot means any lot featuring existing development that is no longer occupied or otherwise used in
accordance with existing zoning (See also, undeveloped lot)
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 twelve- inches or greater diameter or more
of the sum diameter (thirty -seven and one half -inch circumference) of all trunks, where such trees
are located on developed residential property.
2. All trees of the following species which have an eight inch diameter (twenty -five inch
circumference):
a. Blue Oak (Quercus douglasii)
b. Black Oak (Quercus kellogii)
C. California Buckeye (Aesculus californica)
d. Pacific Madrone (Arbutus menznzii)
3. 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.
4. Any tree that existed at the time of a zoning approval or subdivision approval and was a specific
subject of such approval or otherwise covered by subsection (2) of this section (e.g., landscape or site
plans).
5. Any tree that was required to be planted or retained by the terns and conditions of a development
application, building permit or subdivision approval in all zoning districts, tree removal permit or
code enforcement action.
6. All trees which have a four -inch or greater diameter (twelve and one -half inch circumference) of any
trunk and are located on a vacant lot or undeveloped property.
Page 3 of 13
7. All trees, which have a four -inch or greater diameter (twelve and one half -inch circumference) of any
trunk and are located on developed commercial, office, or industrial property.
8. All publicly owned trees growing on Town lands, public places or in a right -of -way easement.
9. A Protected Tree may also be a stand of trees, the nature of which makes each dependent upon the
other for the survival of the stand.
Measurement of trunk diameter (circumference) for the purpose of applying this section shall be made three
(3) feet above natural grade. Measurement of multi- trunked trees shall be determined by the sum of all trunks
measured above the trunk union.
Sec. 29.10.0965. Prohibitions.
Except as provided in Section 29.10.0970, it shall be unlawful for anyone:
1. To remove or cause to be removed any Protected Tree in the Town without obtaining a permit to do
SO.
2. For any person or business entity engaged in the business of removing trees or tree care to remove
a Protected Tree without a permit under this division. This permit shall be on -site at all times during
the removal of a tree and must be made available upon request from the Chief of Police, Code
Compliance Officer, Director of Parks and Public Works Department, or their designee.
Sec. 29.10.0970. Exceptions.
The following tree removals and conditions are excepted from the provisions of this division and may be
removed without Town approval or issuance of a Tree Removal Permit:
1. Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be
removed without a permit on order of the Town Manager, the Town Engineer, the Planning Director,
the Public Works Director or a member of the police, fire, or emergency personnel.
2. A fruit or nut tree when part of an orchard, and the tree is less than 18- inches in diameter (fifty-
seven- inches circumference).
Sec. 29.10.0975. Emergency Action.
A person may remove or severely prune a Protected Tree without a permit if there is an emergency caused
by the Protected Tree being in a hazardous or dangerous condition -- requiring immediate corrective action
to abate the condition. In such event, the property owner or representative shall be responsible for the
following notification:
1. Notify the Town (Parks and Public Works Department during business hours/ Police Department
after business hours) prior to removal in order to confirm the emergency situation. If the Town
confirms the emergency situation, photo documentation and written verification by the tree service
removing the tree will be required.
2. After the abatement, no later than two days from the date the tree was removed or severely pruned
because of the emergency, the property owner shall apply for a Tree Removal Permit, and submit to
the Director the documentation required above and in Section 29.10.0980.
Page 4 of 13
If the Director determines that the condition was not 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.
See. 29.10.0980. Applications for a Tree Removal Permit.
Applications for a Protected Tree Removal Permit for trees on private property shall be available from and
filed with the Community Development Department. Application submittals for the removal of trees on
public property (street trees) are provided for in Chapter 26.10.060 of the Town Code. Applications for tree
removal may be granted, denied or granted with conditions. Application submittals for trees on private
property shall include the following minimum information for staff review:
A completed Tree Removal Application Form, signed by the property owner or agent.
2. A written explanation of why each tree(s) should be removed and how it meets the Town's standard
for allowable removal.
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 on company letterhead 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 tree); condition of health; condition of structure; and
if hazard tree findings apply, an ISA Hazard Rating Form. Other information, images, etc. may be
included in the report.
5. Permit fee, as established by Town resolution
Sec. 29.10.0985. Determination and Conditions of Permit.
The Director of Community Development shall determine whether to grant the 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 hazardous condition exists, 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 of Parks and Public Works Department, shall be planted in the following order
of preference:
1. Two or more replacement trees, of a species and size designated by the Director of Parks and Public
Works Department, shall be planted on the subject private property. Table 3 -1 The 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 cannot be reasonably planted on the subject property, the value of the removed tree(s) shall
be paid to the Town Forestry Fund to:
a. Add or replace trees on public property in the vicinity of the subject property or
b. Add trees or landscaping on other Town property. Replacement value of a tree shall be
Page 5 of 13
determined using the most recent edition of the Guide for Plant Appraisal, as prepared by the
Council of Tree and Landscape Appraisers.
Table 3 -1 - Tree Canopy - Replacement Standard
COLUMN 1
COLUMN 2
COLUMN 3
Canopy of the Removed Tree'
(Maximum distance
across the canopy)
Replacement Trees
Alternative Tree
4' -9'
Two 24" Box Size (Minimum)
One 36" Box Size
10' -27'
Three 24" Box Size
Two 36" Box Size
28' -40'
Four 24" Box Size
Two 48" Box Size
40' -56'
Six 24" Box Size
Two 36" Box Size
Two 48" Box Size
56' -60'
Two 24" Box and
Two 36" Box plus
Two 48" Box Size
'below
60'+
'below
'
Using Table 3 -1
Table 3 -1, is a matrix formula used to determine how many trees will be requiredforplanting to approximate
the lost canopy of the removed tree over the course of ten years with moderate care.
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 shall be replaced with a combination of both the Tree Canopy and Tree Value Standards as
determined by the Director.
Sec. 29.10.0990. Standards of Review.
Each application for a tree removal permit required by this division shall be reviewed using the following
criteria:
1. The condition of the tree or trees with respect to disease, imminent danger of falling or structural
failure, proximity to existing or proposed structures, structural damage to a building or a public
nuisance caused by a tree. The danger of falling or failure shall be rated using the ISA Tree Hazard
Rating Form or an approved equivalent.
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.
Page 6 of 13
5. In connection with a proposed subdivision of land into two or more parcels, no Protected Tree shall
be removed unless removal is unavoidable due to restricted access to the property or deemed
necessary to repair a geologic hazard (landslide, repairs, etc.) The tree removed shall be replaced in
accordance with the standards in Section 29.10.0985 of this code. Tree preservation and protection
measures for any lot that is created by a proposed subdivision of land shall comply with the
regulations of this code.
6. The retention of a Protected Tree would result in reduction of the otherwise - permissible building
envelope by more than twenty -five percent. In such a case, the removal shall be conditioned upon
replacement in accordance with the standards in Section 29.10.0985 of this code.
7. The Hillside Development Standards and Guidelines, current version.
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.
Sec. 29.10.0995. Disclosure of Information Regarding Existing Trees.
A. Any application for a discretionary development approval, or for a building 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 subj ect 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. In addition, the location of all other trees on the site and in the adjacent public right -of -way which
are within thirty-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.
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.
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 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.
Page 7 of 13
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 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 forwarded to the Director who shall, after making a field visit to the
property, indicate in writing or as shown on by approved plans, which trees are recommended for
preservation (based on a retention rating of high/moderate/low) using, as a minimum, the standards
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. Tree Preservation Report. 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 preserve
all trees recommended for preservation by the Director. The Town reviewing body may
determine that any of the trees recommended for preservation should be removed, if there
is evidence submitted, 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;
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 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
replacement value of all trees included in the tree report affected by the development
that are required to remain within the development. The appraisal of each tree shall
recognize the location of the tree in the proposed development. The appraisal shall be
Page 8 of 13
performed in accordance with the current edition of the "Guide for Plant Appraisal"
under the auspices 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 will then be responsible for the loss of
any tree not previously approved for removal. For trees that are not Protected Trees, which were
removed, the developer shall pay a fine in the amount equal to the appraised value of the subject tree.
For Protected Trees, which were removed, the developer shall pay a fine 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 one year following acceptance of the public improvements of the
development.
E. Protective fencing inspection. Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the building department a written statement 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 for each tree required to be preserved, or twenty-five thousand dollars,
whichever is less. The cash, bond or other security shall be retained for a period of one year
following acceptance of the public improvements for the development and shall be forfeited in an
amount equal to five thousand dollars 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.
Sec. 29.10.1005 Protection of trees during construction.
A. Protective tree fencing shall specify the following:
Page 9 of 13
(1) Size and materials: A five or six 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 2 -feet
at no more than 10 -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 2 -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, lII fencing. Fencing shall be erected before demolition, grading or
construction begins and remain in place until final landscaping is required. 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 8.5 x 11 -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 materials or vehicles inside the fence. The dripline shall not
be altered in any way so as to increase the encroachment of the construction.
(2) Prohibit 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 the certified or consulting arborist for periodic monitoring of the
project site and the health of those trees to be preserved. The certified or consulting arborist
shall be present whenever activities occur which poses a potential threat to the health of the
trees to be preserved.
(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.
Sec. 29.10.1010 Pruning and Maintenance.
All pruning of Protected Trees shall be consistent with the current edition of Best Management
Page 10 of 13
Practices —Tree Pruning, established by the International Society of Arboriculture (ISA), 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 fertilizing if specified.
A. 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.).
B. 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 is prohibited.
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 (Trees and Shrubs) 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, Chapter 26 of the Town Code or Hillside Development
Standards and Guidelines, the more protective requirements shall prevail.
Sec. 29.10.1020 Responsibility for Enforcement.
All officers and employees of the Town shall report violations of this Division to the Director of Community
Development, who shall enforce this Division. Issuance of citations may be delegated to the following:
Director of Parks and Public Works, Code Compliance Officer, Town Arborist and Town Peace Officers.
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:
A. Tree removals in absence of or in anticipation of development. 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.
Mitigation measures as determined by the Director maybe imposed as a condition of any subsequent
application approval or permit for development on the subject property.
B. Pending development applications. 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.
C. Projects under construction.
(1) 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
Page 11 of 13
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.
(2) 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.
D. Mitigation Plans. 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 tree that was removed
in the same location as the removed tree or as determined by the Director of Community
Development, or by the Director of Parks and Public Works, if replacement is to occur on public
property. 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.
E. Civil Penalties.
Notwithstanding Section 29.20.950 relating to criminal penalty, any person found to have violated
Section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in subsections (1)
through (4).
(1) 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.
(2) 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 per tree unlawfully removed, or the
replacement value of each such tree, whichever amount is higher. Such amount shall be
payable to the Town and deposited into the street tree deposit account. 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.
(3) If the court or Director directs a replacement tree or trees to be planted as part of remedy to
the violation, the trees shall be permanently maintained in a good and healthy condition. The
property owner shall execute a two -year written maintenance agreement with the Town.
(4) The cost of enforcing this Division, which shall include all costs, staff time, and attorneys'
fees.
F. Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the
cessation of such violation.
G. 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.
Sec. 29.10.1030 Fees.
The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall accompany
the removal permit application submitted to the Town for review and evaluation pursuant to this Division.
Sec. 29.10.1035 Severability.
Page 12 of 13
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.
Sec. 29.10.1045 Appeals.
Any person seeking the Director's approval to remove a Protected Tree pursuant to this Ordinance who is
aggrieved by a decision of the Director may appeal such decision in accordance with the procedures set forth
in Section 29.20.255 of the Town Code.
SECTION II
If any of the provisions of this ordinance or the application thereof to any person or property is held invalid,
such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are declared to be severable.
SECTION III
Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil Procedure 1085. Any
action or proceedings seeking to attack, review, set aside, void or annul this ordinance shall be commenced within
90 days after adoption of this ordinance.
SECTION IV
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on
, 2003, 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 in effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATY\Tree.ORD.wpd
Page 13 of 13
§ 29.10.09050 LOS GATOS TOWN CODE
mailed to the address gi by the permittee in application for the 19,W family day care
home permit or suc ther address as the mittee has provided t lanning Directo
(Ord. No. 184 I(3.99), 4.1.91)
Edit s note —Ord. No. 1 § I, adopted April 1 1, amended the z ing ordinance
by t addition of Chapte 9, and at the discret' of the editor said visions have been
i uded herein as § 29. 0.09050.
DIVISION 2. TREE PROTECTION
Sec. 29.10.0950. Intent.
This division is adopted because the Town is forested by Oak, Bay, Eucalyptus, Sycamore,
Redwood, Pine and other trees, and contains individual trees of great beauty. The health and
welfare of the citizens of the Town require that these trees be saved in order to preserve the
scenic beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards
and risk of landslides, counteract pollutants in the air, maintain climatic balance and decrease
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 significant trees within the Town in order to retain
as many trees as possible consistent with the purpose of this section and the reasonable use of
private property. This section does not supersede the provisions of chapter 26 of this Code.
(Ord. No. 1316, § 3.20.010, 6 -7.76; Ord. No. 1617, 5- 21.84)
Sec. 29.10.0955. Definitions.
The following words, terms and phrases, when used in this division, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning.
Pruning means the cutting or taking away of more than thirty -three (33) percent of the
living foliage material (including branches) of a tree in any twelve-month period or as other-
wise determined by the Director of Parks, Forestry and Maintenance Services.
Shrub means a bushy, woody plant, usually with several permanent stems, and usually
not over fifteen (15) feet high at maturity.
Tree means a woody perennial plant, usually with one (1) main site or trunk, and many
branches. It may appear to have several stems or trunks and is usually over ten (10) feet high
at maturity.
Tree removal means the removal of a tree, including pruning.
(Ord. No. 1316, §§ 3.20.015- 3.20.035, 6.7 -76; Ord. No. 1375, 11.21 -77; Ord. No. 1617, 5.21.84)
Sec. 29.10.0960. Determination.
In any case, the Director of Parks, Forestry and Maintenance Services shall have the right
to determine whether any specific woody plant shall be considered a tree or a shrub. Such
determination shall be final and not subject to appeal.
(Ord. No. 1316, § 3.20.040, 6 -7.76; Ord. No. 1617, 5.21.84)
Supp. No. 6 1994
Attachment 2
ZONING REGULATIONS § 29.10.0975
Sec. 29.10.0965. Scope.
This division shall apply to every property owner and to every person, corporation, part-
nership, sole proprietorship or other entity responsible for removing a tree. The trees protected
by this division are:
(1) All trees which have a twelve -inch or greater diameter (thirty -five inch circumfer-
ence) of any trunk, or in the case of multi -trunk trees a total of twenty -four (24) inches
or more of the diameter (seventy -inch circumference) of all trunks, where such trees
are located on residential property.
(2) All trees which have a four -inch or greater diameter (twelve -inch circumference) of
any trunk, when removal relates to any transaction for which zoning approval or
subdivision approval is required.
(3) Any tree that existed at the time of a zoning approval or subdivision approval and was
a specific subject of such approval or otherwise covered by subsection (2) of this
section.
(4) Any tree that was required to be planted by the terms of a zoning approval or a
subdivision approval.
(5) All trees which have a four -inch or greater diameter (twelve -inch circumference) of
any trunk and are located on a vacant lot or undeveloped property.
(6) All trees which have a four -inch or greater diameter (twelve -inch diameter) of any
trunk and are located on commercial, office, or industrial developed property.
Measurement of diameter (circumference) for the purpose of applying this section shall be
made three (3) feet above the ground.
(Ord. No. 1316, § 3.20.045, 6 -7 -76; Ord. No. 1617, 5- 21 -84; Ord. No. 1941, § I, 5 -3 -93)
Sec. 29.10.0970. Prohibition&
Except as provided in section 29.10.0975, it shall be unlawful for anyone:
(1) To remove or cause to be removed any protected tree in the Town without obtaining
a permit to do so.
(2) For any person or business entity engaged in the business of removing trees or tree
care to remove a tree without a permit under this division. This permit shall be on -site
at all times during the removal of a tree and must be made available upon request
from the Chief of Police, Director of Parks, Forestry and Maintenance Services or
their designee.
(Ord. No. 1316, § 3.20.050, 6 -7 -76; Ord. No. 1363, 8 -1 -77; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0975. Exceptions.
The following tree removals are excepted from the provisions of this division:
(1) Removal of orchard trees as part of farming operations or upon order of the County
Agricultural Inspector.
Supp. No. 6 1994.1
§ 29.10.0975 LOS GATOS TOWN CODE
(2) Removal in case of emergency when a tree is imminently hazardous or dangerous to
life or property, on order of the Director of Parks, Forestry and Maintenance Services.
(Ord. No. 1316, § 3.20.055, 6.7.76; Ord. No. 1617, 5- 21.84)
Sec. 29.10.0980. Applications for permit.
The information on applications for tree removal permits shall include the number and
location of the trees to be removed, showing the type of each and the reason for removal of
each. Applications for tree removal may be granted, denied or granted with conditions.
(Ord. No. 1316, § 3.20.060, 6 -7.76; Ord. No. 1375, 11- 21.77; Ord. No. 1617, 5- 21.84)
Sec. 29.10.0985. Determination on permit.
Except as hereafter provided, the Director of Parks, Forestry and Maintenance Services
shall recommend whether a tree removal permit shall be issued. The recommendation of the
Director of Parks, Forestry and Maintenance Services shall be made to the Planning Director,
Supp. No. 6 1994.2
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BSA
PUBLIC HEARING - APRIL 9, 200? xMAx(20/20)
Page Ti
(i) impair the Integrity of the zone.
(2) The proposed uses are definitely not
(s) detrimental to the public health, safety or gener
(4) welfare. Trader Joe's Is a very nice neighbor.
(s) And the proposed uses of the property are
(8) In harmony with the various elements a objectives
(7) of the General Plan. There are severa d as the
(a) one 1 mentioned is the idea of havi residents
(9) serving businesses in the town.
(1o) And also the findings cannot made in
(i t) regards to denying a permlt>for a formula retail
(12) business, and the one thatwould be applicable here
(is) would be detracting fromn the existing balance of
(14) diversity in business the commercial district. I
(1s) thinkthis will really dd to it.
(ie) /AddRionaI[yJn nally, I n d to make the findings
(» e bene of the project outweigh the
(ieiated affic Impacts. I think we've seen that
(19he ffic impacts, while moderate, are
(2ot be mitigated by the - the proposed
(21ements. In addition, with the community
(22ch and other benefits above and beyond, I
roviding the people in the area a great place
p, that the benefits outweigh any impact
(2s) there.
(t) And I'm also required to make the finding �/
(2) that this project is categorically exempt, and I
(s) believe that's because we are going from a /retail to
(4) a retail In the same space and, therefore, 't's not
(s) considered a new use. I and
that's and also
(8) with the - excuse me. When I make a motion, with
p) the conditions, recommended Ylocondiftion, ttlons of approval
(8) in Exhibit B.
(9) MR. LORTZ: One addttio and
(ro) ft might read something lik 7s ound attenuation
(11) improvements as offered by the applicant should be
(12) incorporated into tena improvements.
(13) COMMISSIONER BURKE: Yes, that's -
(14) CHAIRMAN DUBOIS: Do we have a second for
(is) this motion? c7missioner-
(rs) COMMISSIQ ER TALESFORE: I second it.
(17) CHAIRMA,P'lDUBOIS: - Talesfore.
/Exhibl MMI SIONER DREXEL: Should we also add
ey' a subject to the development plans in
' ? Did you say that?
AIRMAN DUBOIS: No.
MMISS IONER BURKE: No, I didn't, and
hould be, thank you.
AIRMAN DUBOIS: Okay. Any other
ions to the motion? Hearing none, seeing none,
Page 79
(1) I'll call the question. All /appeal. vor of the
(2) motion signify by sayin
(s) (Ayes.)
(4) CHAIRMAN DUSOISed? otion cardes
(s) unanimously.
(s) MR. LORTZ: This pealable to
(� the Town Council on fre available in the
(8) Clerk's office. There is ppeal period,
(s) a/!denflfy a fee for f'Ieal.
(10) AN DU IS: At this point, we will
(ii) tain recess.
(12) )
(ta) ide B -1.)
(14) ng of Side A-] 1.)
(is) AN DUBOIS: Would the applicant
(ie) p tify themselves.
(17) MR. LORTZ: Chairman and members of the
(18) Commission, thank you. The - in this particular
(is) case, the Town of Los Gatos is the applicant.
(2o) The - the Commission residents have raised concerns
(21) about the current tree ordinance after a long period
(2m) of time. Sometimes in our process is it takes
(2a) longer than we would like. We have prepared a tree
(24) ordinance for Planning Commission consideration and
(25) uttim tely to be forwarded to the Council. /f
M20/Lvl1�L�e- At I") 4-
A
Page 80
(r) The Council's directive to Staff was to
(2) revise the tree ordinance and provided funding
(s) accordingly. We went through a fairly extensive
(4) process of trying to find the right consultant for
(s) the Town of Los Gatos to prepare this. In this
(8) particular case, Dave Dockter, who is a local
(7) resident, but also an arborist and an employee of
(a) the City of Palo Alto as their arborist, was able to
(9) develop a tree ordinance for us that is reflective
(io) of the Town's interests.
(i q The tree ordinance is in front of you.
(12) Essentially what we're doing is deleting the current
(ia) tree ordinance out of the Town Code in Its entirety
(14) and replacing it. The Town Attorney did go through
(is) the document and, as a desk item, has provided
(re) comments. Apparently there might be a couple of
(17) items that - in the clean copy that as part of the
(18) desk item were omitted from the original, so If the
(is) Commission's pleasure tonight is to forward the
(2o) document to the Council, the only thing I would say
(21) Is that you would- you would recommend that the
(22) Council consider the ordinance as included as
(23) Exhibit A incorporating the changes that were
(24) included in the desk Item from the Town Attorney.
(2s) That way we eliminate any omissions.
Attachment 4
Page 77 to Page 80 (40B) 920.0222 ADVANTAGE REPORTING SERVICES, LLC
4
BSA PUBLIC HEARING - APRIL 9, `13 XMAx(21r21)
Par,
(i) The items that were rewritten by the Town
(2) Attorney were mainly for clarity. They were not
(3) substantive. We've gone through the document with
(4) both the Town Attorney, Staff and the Consulting
(s) Arborist and concluded that there was no substantive
(a) changes, just clean language for ultimate
(7) enforcement by the Town.
(e) The - as you can see, there is a desk
(9) Item - or there is a letter from Mr. Weissman, who
(1 o) is here this evening, asking that we go a different
(1 i) route to create a tree ordinance and conservation
(12) ordinance. It's an Interesting thought. The
(13) Engineering Staff have taken a look at it and are
(14) here to comment on it.
(15) Briefly, the initial response from the
(16) Engineering Department is that we think we can -
(17) the Engineering Department feels that a grading
(18) ordinance amendment is probably appropriate. It
(19) will be done as soon as they have an opportunity to
(2o) do that. They have a significant workload issue, so
(21) they're trying to get to it as quickly as they can,
(22) and that it Is possible to do a grading ordinance
(23) amendment separate from this tree ordinance
(24) addressing the issues that Dr. Weissman has
(2s) suggested and also making sure that the two - two
Page B2
(1) ordinances speak to each other.
(2) But the issue of making such a radical
(3) wholesale change at this juncture is a complete
(4) revamp in the contract with the consultant, may even
(s) require us to hire a different consultant and will
(e) certainly be a cost issue, which needs to be
(7) considered by the Council. So even If the
(a) Commission is receptive to that concept, you can
(9) forward that as a thought to the Council, and then
(1o) it would be considered at their level to see ff we
(11) want to go back to the drawing board, incorporate
(12) those thoughts through a separate contract or an
(13) amendment to the contract. But we'd need additional
(14) funding.
(1s) And that concludes Staff's Report. We're
(1e) here to answer any questions.
(17) CHAIRMANDUBOIS: Commission -
(1a) Commissioners, questions of Staff? Commissioner
(19) Micciche.
(2o) COMMISSIONER MICCICHE: I have a question
(21) for our consultant, If I may. Could you -
(22) CHAIRMAN DUBOIS: Please identify yourself
(23) for the record.
(24) COMMISSIONER MICCICHE: I just wanted to
(25) make sure I understood. It's a question of
Page 33
(1) clarification. Ur)p line area, which is on page 3
(2) at the top, states that the drip line means the area
(3) within X distance from the perimeter of the trunk of
(4) the tree at three feet. When we - when we say ten
(s) times that, do we mean then in total'rf it was a 12
(a) Inch diameter, you would have effectively ten feet
(7) on each side of the tree or 21 feet diameter for the
(a) drip line?
(9) DAVE DOCKTER: My name's Dave Dockter.
(1 o) Yes. And to answer your question specifically, it
(11) would be 120 inches, so yes, it would be-
(12) COMMISSIONER MICCICHE: Thatwouldbeten
(13) feet?
(14) DAVE DOCKTER: Yes.
(15) COMMISSIONER MICCICHE: Right.
(16) DAVE DOCKTER: It would be ten feet.
(17) From - from the trunk of the tree, that would be a
(18) radius.
(19) COMMISSIONER MICCICHE: So that would be
(2o) the radius. So the diameter of the drip line then
(21) would be 21 feet If you include the 12 inches of the
(22) tree?
(23) DAVE DOCKTER: Correct.
(24) COMMISSIONER MICCICHE: Okay, thank you.
(2s) I wanted to make sure. Thank you.
(1) CHAIRMAN DUBOIS: Commissioner Drexel.
(2) COMMISSIONERDREXEL: Ihaveafewthings
(3) I was interested in having clarified. The
(4) definition of severe pruning on page 3 that says
(5) means removal of more than one fourth of the
(e) functioning leaf and stem area of a tree In any 12
(7) month period topping or removal. And so I'm
(a) wondering are these two things either - either the
(9) removal of more than one fourth of the functioning
(1o) leaf and stem area of the tree in any 12 month
(11) period or the topping or removal of foliage so as to
(12) cause the imbalance in the natural shape of the
(13) tree? Is that what was meant? I'm a little
(14) confused here. It almost sounds like the second
(15) part Is describing what the first part is. The
(16) language I think is a little confusing. What was
(17) intended?
(1e) DAVE DOCKTER: The intentthere Is to be
(1 s) either /or, any one of these items.
(20) COMMISSIONER DREXEL: Okay. So that
(21) language probably should be altered to say severe
(?A pruning means either one or two there under severe
(23) pruning.
(24) And then I had one more question, and
(25) actually, I didn't have time to finish the whole
ADVANTAGE REPORTING SFFIVICES, LLC (408) 9200222 Page 81 to Page 84
BSA PUBLIC HEARING
- APRIL9,20Cr
_ xMAX(2.122)
Page 87
Page 8b
(1) revised thing, so on number six on page 10, whether
(1) on?
(2) or not retention of the protected tree would result
(2)
COMMISSIONER DREXEL: That's on page 10,
(a) in reduction of otherwise permissible building
(3) number six.
(4) envelope by more than 25 percent. So that means
(4)
DAVE DOCKTER: It speaks as a singular
(5) that if - If a tree will reduce the building
(5) tree.
(5) envelope by 25 percent or more, It can be removed?
(5)
COMMISSIONER DREXEL: Okay.
M It's a consideration for removal? Is that what
(7)
DAVE DOCKTER: (Inaudible) protected tree.
(8) they're saying?
(a)
COMMISSIONER DREXEL: Okay. I was just -
(9) DAVE DOCKTER: That is correct. Its a
(9)
DAVE DOCKTER: Refers to a single tree.
(1o) consideration for removal.
(10)
COMMISSIONER DREXEL: It refers to it.
(11) COMMISSIONER DREXEL: Okay. l'm not sure
(11)
CHAIRMAN DUBOIS: Is this the new one or
(12) 1 like that one. I think you could end up taking an
(12) the old version?
(1s) awful lot of trees out. I guess I find - can you
(13)
COMMISSIONER DREXEL: The new one: I
(14) tell me why - how that works?
(14)
could never find It In the old one. So there you
(15) DAVE DOCKTER: In - in one of the most
(15)
go. Maybe it needs to say - it says retention of
(16) extreme examples, If a tree on a vacant lot was
(1s)
the protected tree. Anyway, I think it could use a
(17) plopped right In the middle of the building
(17)
language modification.
(18) envelope, it would in effect prohibitthe
(18)
CHAIRMAN DUBOIS: Okay. Commissioner
(19) development of that - that property.
(19)
Burke, followed by Commissioner Quintana.
(2o) We spoke with Staff and determined that if
(2o)
COMMISSIONER BURKE: A couple of questions
(21) a tree occupied 25 percent or less, that the - the
(21)
on the tree canopy replacement standards and things
(22) development could probably be built around that
(22)
like that. One of the reasons for removing a tree
(23) tree, but If the tree were situated In a place where
(29)
is legitimate maybe to get solar access. I mean, so
(24) it was so large that over 25 percent would be
(24)
obviously you don't want to replace the canopy if
(25) prohibited from being built, then it would be a
(25)
you're trying to get some sun there. Is it your
Page 86
Page 88
(1) candidate.
(1)
thought in this that the - the replacement
(2) COMMISSIONER DREXEL: I can see that. I'm
(2)
ordinance Is to replace the canopy back there, or
(a) just wondering If you had a heavily forested lot
(a)
maybe in another- I mean, I'm - that's one
(4) that really had, you know, not much of a building
(4)
question.
(s) envelope at all, would you be able to - how much of
(5)
And the second question, I know on my
(e) the - would you be allowed to take 25 percent of
(e)
property, I have many, many, many protected trees,
(7) the trees out to create a building envelope? Is
(7)
which I'm thrilled with, but their canopies overlap
(s) that what you're saying?
(e)
greatly. I mean, I could remove some 20 Inch oaks
(9) DAVE DOCKTER: Okay. This - this one
(9)
and probably not expose any - not lose any canopy
(1o) item In the ordinance would speak to a single tree.
(1o)
because of the overlap. How would that be factored
(11) COMMISSIONER DREXEL: Oh, I see.
(1 1)
into canopy replacement, or does each tree stand on
(1z) DAVE DOCKTER: If there was a heavily
(12)
its own as If it was all alone in that canopy
(13) forested lot with a lot of trees on it, there's
(13)
replacement?
(14) another provision that would allow the Director
(14)
DAVE DOCKTER: I'll try to answer that as
(15) to - to allow removal of quite a few of those other
(15)
completely as I can. The canopy replacement
(16) trees so that -
(15)
formula, it's all predicated on If - If the
(17) COMMISSIONER DREXEL: All right.
(n)
Director conditions a projectto replace atree,
(18) DAVE DOCKTER: - ft could be bulk.
(1e)
then the canopy replacement ratio could apply.
(19) COMMISSIONER DREXEL: So does this - does
(19)
In addition to that, the Director has the
(2o) there need to be language here that specifies this
(2o)
discretion to how many trees to - to require to be
(21) is for one - one specimen tree, or is that - is
(21)
put in. If the lot will not handle all the new
(22) that clear to everybody but me?
(22)
trees, there's simply the provision here to not put
(23) CHAIRMAN DUBOIS: I think there needs to
(23)
them in. You don't want to force them Into a lot or
(24) be language, but -
(24)
force them into a crowded situation. So there's
(25) COMMISSIONER QUINTANA: What page is that
(2s)
provision to well maybe not put- farce all the
Page 85 to Page 88 (408) 920.0222 ADVANTAGE REPORTING SERVICES, LLC
aSA
PUBLIC HEARING
- APRIL
(1)
9,7-n3 Page 91 xMAx(23123)
MR. LORTc. We could certainly do that
Peg
(i) trees in, but some - some of the and - the money
(2)
could go into the tree fund instead of forcing it in
(2)
under the comment period when - as you recommend
(3)
on this site.
(3)
this to be forwarded to the Council, if the
(4)
Does that explain clearly enough to you
(4)
Commission's comments in general, any Issues that
says enclosed area to be fenced, type one, enclose
(s)
(5)
you have with the document would be included, then
(s)
(a)
or -
COMMISSIONER BURKE: Yeah. I guess it
(a)
we would be happy to incorporate those comments as
(7)
does. But what about where you have overlapping
(7)
we go forward to the Council and provide input for
(6)
canopies and removal of the trees may actually not
(a)
the Council as to what that means in the bigger
(9)
open up any canopy? Are you factoring the tree loss
(9)
scheme of things.
CHAIRMAN DUBOIS: Can we focus then -the
(1o)
as If it was all alone, or are you factoring it the
(10)
will be focused on if you don't understand
(11)
amount of canopy you're actually going to lose?
(11)
questions
(12)
DAVE DOCKTER: The amount of canopy that
(12)
a particular issue, because I think there are
time, if you could point out where you think there's
confusion, that's all we need to know. And
(16)
(n)
(13)
legitimate questions to this, but comments about
(13)
belongs to that tree.
COMMISSIONER BURKE: Even if it doesn't
(14)
problems we're having with various areas or obvious
(14)
expose that much?
(15)
errors, we'll hold to a comment period. That'd be
(15)
(16)
DAVE DOCKTER: That's correct.
(16)
great, okay. Commissioner Quintana still has the
(17)
COMMISSIONER BURKE: Okay.
(17)
floor, ft you have a question.
COMMISSIONER QUINTANA: Well, I don'tknow
(1e)
CHAIRMAN DUBOIS: Commissioner Quintana.
COMMISSIONER QUINTANA: Actually, I had a
(18)
(19)
if this comes under that category or not, but if it
(19)
(20)
question whether we could, rather than go as we have
(2o)
does come under the make the comment in writing,
(21)
individual questions,'rf we could start at page 1
(21)
I'll stop talking.
The Section 097, all exceptions, and
(22)
and go through -
CHAIRMAN DUBOIS: No, that's a full
(22)
(23)
Section 0975, emergency action, use - one uses the
(23)
(24)
editing thing. Let's just - let's get down to your
(24)
term immediate hazard, the other uses the term
(2s)
questions, if you could.
(25)
imminently hazardous condition. And they state
(1)
Page 90
COMMISSIONER QUINTANA: Okay, because -
(1)
Page 92
different people who you go to to get permission to
(2)
okay. Then it's sort of hard to comment, but I'll
(2)
take the tree out without having a permit first.
(3)
start with page 14, since it's sitting here in front
(3)
In other words, the exceptions say that if it's
(4)
of me. The second bullet under Section 1005A. It
(4)
imminently - immediate hazard, you - that are five
(s)
says enclosed area to be fenced, type one, enclose
(s)
people.
CHAIRMAN DUBOIS: Sounds like a comment.
(a)
the entire canopy drip line area or protected tree
zone. Since canopy and drip line have different
(a)
(7)
COMMISSIONER QUINTANA: It's a confusion.
(n
(3)
meanings, I'm not sure I'm understanding what that's
(a)
And then the next section is the emergency action,
(9)
saying. Does it mean to say enclose - enclosure of
(9)
which says that ft's the Director of Parks and
(1o)
the entire canopy comma drip line area, or
(10)
Public Works Department that makes the
determination. So I'm confuse -they seem to be
01)
protection zone when specified or- because there's
between canopy and drip line, and so I'm
(1 1)
(1z)
saying the same thing, but they seem not quite the
(12)
(13)
(14)
no comma
confused.
MR. LORTZ: For the sake of trying to go
(1m
(14)
same.
CHAIRMAN DUBOIS: Putthat in the form of
(15)
through this document within a reasonable period of
(1s)
a question. Do you understand that as the form of a
(16)
time, if you could point out where you think there's
confusion, that's all we need to know. And
(16)
(n)
question?
COMMISSIONER QUINTANA: Okay. My question
(17)
(1e)
some
just say what it is that you would like for it to
(18)
is why is there a difference between who has the
without a permit, and is
(19)
say.
COMMISSIONER QUINTANA: I would be happy
(19)
(2o)
ability to approve removal
there in fact a difference in the meaning between
(2o)
(21)
to do that and I did ft, and I couldn't get my
(21)
immediate hazard to life or property and imminently
(22)
printer to print. So I've done it, but it's on the
(22)
dangerous conditi think the issue is public
(23)
(24)
old document.
CHAIRMAN DUBOIS: Can we do that under the
(24)
versus private. On the public side, public
(25)
comment period?
(2s)
right -of -way, it'd be the Director of Parks and
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(1) Public Works. Private property falls usually under
(2) the Community Development side of things. So 1
(3) think that's why there's a distinction between the
(4) two.
(s) COMMISSIONER QUINTANA: I don'tthink ft'
(s) states that, though.
m MR. LORTZ: Then that's a comment.
(a) COMMISSIONER QUINTANA: That's a comment.
(s) MR.LORTZ: Thankyou.
(to) CHAIRMAN DUBOIS: Okay. Yes, Commissioner
It 1) Talesfore.
(12) COMMISSIONER TALESFORE: I do have some
(13) comments as well.
(14) CHAIRMAN DUBOIS: Comments or questions?
(15) COMMISSIONER TALESFORE: Okay. The
(16) question is on the stop - on page - of the old
(17) report, page 20, section 29.10.10.25, enforcement
(is) remedies for violation, A, stop work temporary
(is) moratorium, is that only refer - in reference to
(2o) trees on the developing property and not a
(21) neighbor's property? Looks like R addresses the -
(22) MR. LORTZ: What's the question. again? If
(23) they 're -
(24) COMMISSIONER TALESFORE: Thequestion
(2s) IS-
(1) MR. LORTZ: - impacting atree
(2) anywhere -
(3) COMMISSIONER TALESFORE: Is that - is
(4) that the Town's responsibility to calla haft to it,
(s) oris that -
(6) MR. LORTZ: If the developer was driving
(7) up a street -
(a) COMMISSIONER TALESFORE: Right.
(s) MR. LORTZ: -and was impacting the
(to) off -site tree, we'd stop work on the job and make
(1 1) them deal with that issue -
(12) COMMISSIONER TALESFORE: Okay.
(13) MR. LORTZ: -trim the tree, whatever R
(14) is.
(15) COMMISSIONER TALESFORE: Okay. is that
lie) reflected in here, or is that in another place I
(17) didn't read tl?
(16) MR. LORTZ: I think- I think the comment
(is) that you'd be offering is that you would want to
(2o) make sure that that section has coverage -
(21) COMMISSIONER TALESFORE: Okay, thank you.
(22) MR. LORTZ: -beyond just the scope of
(23) the property.
(24) COMMISSIONER TALESFORE: Yes. That's the
(2s) comment. And then another - another question is
Page 95
(1) just the term dangerous, does that include - when
(2) they say threat or safety, does that include like -
(3) well, no, it's a comment, sorry.
(4) CHAIRMAN DUBOIS: It's a comment, note
(s) question? Okay. Commissioner Trevfthick.
(6) COMMISSIONER TREVITHICK: Quick question.
(7) What does it mean by severe pruning? Does that
(a) imply that over four years the whole tree could come
(s) down? I'm just getting the wording of this
(1 o) particular item on page - page 4 at the top, severe
(11) pruning.
(12) DAVE DOCKTER: Yes. Severe pruning,
(13) taking less than 25 percent of the tree means when
(14) ft's evenly thin, 25 percent of the leaf canopy.
(ts) Again, the -the pruning requirements in the
(16) ordinance stipulate that the tree should be done
(17) according to the best managing practices.
(te) COMMISS10NERTREVITHICK: Okay.
(19) DAVE DOCKTER: So pruning does not allow a
(20) quarter of the tree to come off the top or one side
(21) and keep whittling away till there's nothing left.
(22) COMMISSIONER TREVITHICK: Okay. And
(23) that's clear enough from the - from the warding as
(24) you understand it? Okay.
(25) DAVE DOCKTER: Yes, yes.
(t) COMMISSIONERTREVITHICK: Thankyou.
(2) CHAIRMAN DUBOIS: Any other questions from
(3) the Commission?
(4) MR. LORTZ: May I offer just a comment?
(s) If a Commissioner has items that they'd like to get
(6) into in more detail than maybe we would like to get
(7) into this evening, we will definitely include that
(a) information to the Council. It doesn't have to
(9) necessarily go through the floor here. So N
(to) there's a Commissioner wants to sit down and walk
(1 1) through this document page by page, Rem by Item and
112) understand it thoroughly, that's more- no problem
(13) at all. If there's comments, we certainly want to
(14) forward those to the Council through the Commission,
(15) but you may after this evening have a thought.)
(16) certainly do. And we would be happy to include
(17) those comments as well. We want this to be the
(t e) right document.
(19) CHAIRMAN DUBOIS: Okay. I have a
(2o) question. The proposed ordinance is - compared to
(21) what we have is very extensive, and I'm concerned
t22) there's also a proposal to create a tree maintenance
(23) manual. I'm concerned - why are we doing that?
(24) Because I don't want to see one taking precedence
(2s) over the other.
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(1) MR. LORTZ: No.
(2) CHAIRMAN DUBOIS: The ordinance clearly
(s) specifies what we're doing.
(4) MR. LORTZ: Exactly. Essentially what the
(s) technical manual will do is take and attach the
(e) ordinance, and that will take the precedence. And
(7) the only thing that the manual will do is Include
(a) all the handouts, probably include some pictures as
(9) examples. It'll be like a brochure, but it'll be
(io) fairly in depth. So it'll be something that people
(11) can purchase and get an understanding of how to
(12) prune a tree. You know, those kinds of things. So
(is) they're all related to the ordinance in terms of
(14) best practices, but they don't supercede the
(15) ordinance. The ordinance -
06) CHAIRMAN DUBOIS: But the ordinance
(17) will be within the technical manual -
(19) MR. LORTZ: Yes.
(i9) CHAIRMAN DUBOIS: - so if someone
(2o) purchases it, they actually have the -
(21) MR.LORTZ: They getthe whole-
(22) CHAIRMAN DUBOIS: -ordinance.
(23) MR. LORTZ: - enchilada.
(24) CHAIRMAN DUBOIS: They do. Okay. Are
(2e) there any other questions? Okay, hearing none, I'm
Page98
(1) going to open this up to public comment. Thank you.
(z) Dr. Weissman.
(3) DAVID WEISSMAN: David Weissman, Francis
(4) Oaks Way. For over four years now, I have been
(5) asked for revisions to the Town's tree protection
(6) ordinance and grading ordinance to fix some
(7) deficiencies, omissions and to close some loopholes.
(9) So you may thus ask - you thus find my letter to
(9) the Planning Commission a little puzzling given that
(1o) after all this time I'm still asking for a revision
(i1) of this draft as opposed to approval.
(12) I'm asking for this delay for the
(13) following reasons. Tree protection draft is
(14) excellent and includes just about everything that
(15) needed to be in there. I do have some specific
(16) .comments if anyone is interested. Unfortunately,
(17) there is no scheduled time line to update the Town's
(1e) grading ordinances. And the second page of my
(19) letter actually points out the two salient areas of
(2o) the grading ordinance that I feel need to be
(21) addressed.
(22) Mr. Lodz Indicated that it would take
(23) more money and more time. It's not - these are the
(24) two main areas of the grading ordinance that I think
(25) should be moved.
- APRIL 9, 7 °-4 XMAX(25 125)
Page 99
(1) Since I starteo any efforts four years ago,
(2) the Town has revised Its General Plan. Hillside
(a) protection has new Importance, as indicated on page
(4) 2 of your packet, which sites several sections from
(5) the General Plan. Specifically our General Plan now
(s) talks about hillsides in terms of not just existing
(7) trees, but also natural vegetation and wildlife.
(e) This is why I propose that we change our ordinance
(9) to deal with both trees and hillside congregation.
(io) Trees do not stand alone.
(11) Unfortunately, the Planning Commission
(12) can't expand on the scope of this assignment because
(13) its coming from Town Council. So I suggest the
(14) following.
(15) Accept the tree protection draft 1n
(1 s) principle, but not in its entirety. And send it to
(17) the Town Council, which you have to do. Recommend
(is) to the Town Council that the scope of the ordinance
(19) be expanded to include hillside conservation, and in
(2o) particular, those two areas of the grading
(21) ordinance. They should be moved into this
(22) conservation ordinance. It will not take a lot of
(23) money or time.
(24) These above efforts can be handled by a
(2s) special study committee, an ad hoc committee,
Page 100
(1) whatever you want to call it. Three or four
(2) persons, Including Dave Dockter, Staff person, an
(s) interested Planning Commissioner or two, and I'll
(4) donate my biological expertise. A new draft could
(s) be done In one to two months after the Town
(e) Commission - after the Town Council hearing.
V) This ordinance will not be revised
(6) probably in our volunteer lifetimes. Let's do it
(9) right this time to make it a model of the
(10) (inaudible.)
(11) CHAIRMAN DUBOIS: Do we have questions of
(12) Dr. Weissman? Commissioner Burke.
(13) COMMISSIONER BURKE: Before I ask this
(14) question, I will state that I have maybe over the
(15) same past four years worked with Dr. Weissman on
(1e) trying to protect trees. Your deficiencies and
(17) omissions in your letter in number one, which
(1a) (inaudible) your letter -
(19) DAVID WEISSMAN: Yes.
(2o) COMMISSIONER BURKE: - whereyoutaik
(21) about the context of the tree, the type of tree and
(22) why you want to remove it, those kind of hit home
(23) with me, and is it your thought that we should, If
(24) we forward this, somehow incorporate those in or
(25) send it back to get them added or - or are you just
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(1) MR. LORTZ: -o i talking about just the
Page 10
(i) saying those are less important that , ie - adding
(2) the other Items?
(2) couple of items that he's suggesting here.
(3) DAVID WEISSMAN: I would like to see this
(3) COMMISSIONER QUINTANA: The deficiencies
(4) whole thing go back to a committee of a few people
(4) and omissions?
(s) who are interested, and atthat level I thinkthis
(s) MR. LORTZ: Correct.
(s) could be discussed. For instance, as a biologist,
(s) CHAIRMAN DUBOIS: Are there any other
(7) ff there's a big difference between talking about a
(7) Commissioners that have questions? Commissioner
(s) Eucalyptus tree in the hillsides, which is
(E) Burke.
(9) surrounded by native vegetation, native oak
(9) COMMISSIONER BURKE: 1 just wanted to
(io) woodland, someone who wants to remove a Eucalyptus
(io) follow up to Mr. Lortz. If we sent this forward and
(i q tree for Monterey pines as opposed to a tree that's
(11) thought his - you know, especially If his Rem one
(12) downtown, we should, from a biological point
(12) comments have merit, and the Council agreed with us,
(t3) of view, be encouraging people to remove non - native
(13) wouldn't we in turn lose more time turning that back
(14) trees, plants and so forth in the hillside.
(14) to the General Plan, having them incorporate R and
(15) COMMISSIONER BURKE: Thank you.
(is) bringing R back through here? Or would -
(1s) DAVIDWEISSMAN: Theseare- theseare
(is) MR. LORTZ: No.
(17) accepted conservation principles now.
(17) COMMISSIONER BURKE: Okay.
(te) CHAIRMAN DUBOIS: Commissioner Quintana.
(1e) MR. LORTZ: Essentially what would happen
(19) COMMISSIONER QUINTANA: Just clarify for
(19) is if you tonight said let's send it back to the
(2o) me, you are proposing that we actually accept this
(2o) General Planning Committee, we'd send R back to the
(2r) and forward R on and then request to have this
(21) General Plan Committee, and then R would have to
(22) committee, or are you requesting that a subcommittee
(22) come back to this body before R would go on to the
(23) of the Commission meet and look at your letter in
(23) Council. What I'm trying to do is allow you to make
(24) more detail and maybe come up with some suggestion
(24) those comments as - you know, as a recommendation,
(25) that - that be forwarded to the Council at the same
(25) and then the Council could forward It to the General
Page 102
Page 104
(p time that we forward this document itself?
(i) Planning Committee. Once R comes out of Committee,
(2) DAVID WEISSMAN: My understanding is Is
(2) It goes back to Council, we're done.
(3) that the latter cannot be done.
(3) CHAIRMAN DUBOIS: Any other questions for
(4) MR. LORTZ: If you go off and chase this
(4) Dr. Weissman? I have one. This Is a tree
(s) issue for a month or so with some subcommittee and
(s) protection ordinance, and for the record, l
(s) then bring back whatever language you propose, and
(s) understand there's a relationship between the brush
(7) the Council decides that R's better to have a
M and the undergrowth and the protection of trees.
(a) grading ordinance amendment and a tree ordinance
(s) Would you elaborate just a little bit on the
(9) amendment, then we haven't had the benefit of this
(9) importance of that, protecting that.
(io) tree ordinance for about a month and a half.
(10) DAVID WEISSMAN: Sure. If one looks at an
(ii) If you forward R with your thoughts about
(i q oak woodland chaparral type habitat, the - the
(12) this, then the Council is free to direct Staff to
pz) majority of animals interact with the shrubs and the
(13) work with whatever group as Dr. Weissman is
(13) grasses and the stuff that's close to the ground.
(r4) suggesting, and R doesn't need to come back to this
(14) Poison oak is a major habitat in - on hillsides.
(15) Planning Commission. They can then go ahead, take
(1 s) It feeds deer and a number of different bird
(is) action on R when R comes back. It could go to the
(16) species, yet under our present ordinance, you can go
(17) General Planning Committee, for example.
(17) in, I could go In tomorrow with a bulldozer and
(is) So what we're concerned about here is
(13) clear eight acres of poison oak without moving -
(rs) time. What we're concerned about here is having the
(19) you know, trying to be careful not to move any dirt.
(2o) right document. And ff Dr. Weissman's suggestions
(20) You have to understand that our - our
(21) here have merit, then the only thing the Commission
(21) grading ordinance very well defines grading not only
(22) would need to say is that they have merit, and that
(22) as the moving of dirt, but also the removal of
(23) the Council should consider them.
(23) ground cover. If you want to remove a thousand
(24) COMMISSIONER QUINTANA: I'm referring not
(24) square feet of ground cover, you need a permit
(25) to the - the grading ordinance -
(25) except if you want to put in a vineyard or do some
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(i) kind of agricultural set up.
(2) So you can do that. You don't have to -
(3) you remove the poison oak. You destroy the habitat.
(4) You have a bunch of trees standing there with
(5) nothing underneath them. There's no shade, there's
(s) no moisture retained ability because you've taken
(7) away all the ground cover, and then you can change
(a) your mind and say I don't want to put in a vineyard.
(9) You just can't separate them. It's like
(io) looking at a half a person. I mean, the habitat is
(ti) everything that's there.
(12) CHAIRMAN DUBOIS: All right, thank you.
(13) DAVID WEISSMAN: And Itjust makes so much
(14) more sense to consider It all together. And we can
(15) do that by just moving these two - two little
(1e) grading section ordinances.
(17) CHAIRMAN DUBOIS: Thank you, Dr. Weissman.
(i a) I appreciate ft. Are there any other questions?
(19) Commissioner Quintana.
(20) COMMISSIONER QUINTANA: Actually, I'm
(21) sorry, they're not of Dr. Weissman.
(22) CHAIRMAN DUBOIS: Thank you very much,
(23) Dr. Weissman, appreciate your time. We have one
(24) other card from Ray Davis.
(25) RAY DAVIS: My apologies to your wife,
(i) your wife Mary, for keeping you too long from home,
(2) okay.
(3) 1 want to back up Dave Weissman's comments
(4) almost across the board. You know, as a fish and
(s) game biologist by education, just a little vignette,
(s) slice of what he's talking about. At Berkeley's
(7) life science building we were taught that for
(e) example, Eucalyptus, exotic trees, on the
(9) mountainside or anywhere else create a biological
(i o) desert. Repeat, biological desert. Nothing lives
(i i) under a Eucalyptus, nothing grows under a
(12) Eucalyptus. That's why they should be - the Town
(13) should encourage the residents to remove these for
(14) the sake of the flora and the fauna, okay.
(15) A very positive approach by Mr. Weissman.
(ra) That's just a little tidbit, okay.
(17) 1 notice this new revised ordinance was
(i e) put together today and given to you today. Desk
(19) Item. You know that's unlawful. State of
(2o) California requires you to - public to have a copy
(21) of this at the same time you receive your copy. So
(22) to move forward with this tonight is totally
(23) unlawful, but typical, typical. Now, make a stand
(24) for law and order or make a stand for corruption.
(25) That is the typical approach down here.
Page 107
(i) Specifically, one of the things that, you
(2) know, I've seen - since I've been here three years,
(3) I've seen a number of these residents come - at
(4) least ten or 12 residents come before you folks and
(5) then go to the Town Council, if necessary, for a
(s) tree permit. Normally all about trees, monster
(7) trees that have outgrown their property, okay, from
(6) the standpoint of landscaping or whatever.
(9) Redwoods, you know, mature, add a couple hundred
(i o) feet. Under this ordinance, you couldn't ever cut.
(i i) them down. You know, 200 feet. Another 20, another
(12) 30 or 40 years, they could be there, and this
(rs) ordinance has no safety valve.
(14) So I see what ft says, other
(is) considerations include whether the protected tree
(i s) has a significant impact on the property.
(» Significant impact. What in hell is that? Talk
(is) about ambiguity. And this was written by a lawyer.
(is) It was written In my opinion to purposely obfuscate,
(2o) which is a typical legal approach -
(21) CHAIRMAN DUBOIS: Thank you, Mr. Davis.
(22) RAY DAVIS: - when you come in as wanted
(23) to be done.
(24) CHAIRMAN DUBOIS: Thank you, Mr. Davis,
(25) your time is up. I appreciate your comments.
Page 108
(r) RAY DAVIS: So you need to postpone
(2) this -
(3) CHAIRMAN DUBOIS: Mr. Davis, you're out of
(4) time.
(s) RAY DAVIS: - come back and -
(s) CHAIRMAN DUBOIS: Thank you.
(7) RAY DAVIS: Again, give my best to Mary.
(a) CHAIRMAN DUBOIS: Mr. Davis.
(9) RAY DAVIS: Give my best to Mary.
(10) CHAIRMAN DUBOIS: You're out of time, sir.
(>>) Okay, ls there anybody else that would like to
(12) speak to this issue? Seeing none, I shall close the
(ta) public hearing, thank those who have come forth to
(14) speak on this issue, and does the Staff have
(is) anything they want to comment back?
(is) COMMISSIONER MICCICHE: (Inaudible.)
(n) CHAIRMAN DUBOIS: Yes, we can. Yes.
(re) MR. LORTZ: The -just a couple comments.
(19) The protection of trees In general has been a topic
(20) of discussion by this Commission on a number of
(21) occasions. The Council's direction was to
(22) essentially reflect what is in our current
(23) ordinance, but refine, define to the maximum extent
(24) possible. I remember one Commissioner saying that
(25) as a Commission, she felt that ft was totally
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inappropriate for us to commit genocide on a
particular species of trees. We're a little
different than Berkeley in a lot of ways, most of
them good.
The - the question of Eucalyptus is an
interesting question. I think recently we tried to
take some Eucalyptus out of a particular area
hillside, somewhat hillside area, and we almost had
a riot. And so people get pretty fond of trees in a
lot of different ways. We do not distinguish in
this ordinance one tree from another in a general
sense.
If the Commission is Inclined to make a
comment along those lines to the Council, that would
be useful certainly. And with regard to the
grading, we have a provision now in our Conditional
Use Permit table, as you may recall, where a
vineyard of more than I think it was 3,000 square
feet requires a Conditional Use Permit, requires an
environmental review public hearing, a myriad of
processes. So there has been a tightening down in
terms of the rules related to grading activities to
hillsides. There is also certainly the Engineering
Staff are well aware of the thousand square feet
concern by Dr. Weissman and things that have
(t) occurred over the last couple years, four years,
(2) that were of concern to Dr. Weissman have been
(3) addressed in a number of ways.
(4) But there is a lot of reasons for the
(s) grading ordinance to go beyond what Dr. Weissman is
(s) discussing. It's essentially an erosion control
(7) ordinance is really more of what it is. So the
(a) Engineering Staff Is Interested In revamping In a
(9) broad way the grading ordinance so it incorporates
(1o) more than - much more than what Dr. Weissman is
(11) talking about to protect our fragile hillsides.
(12) That concludes our comments at this point,
(im) but we're certainly here to answer any questions.
(14) CHAIRMAN DUBOIS: Okay. Commission, we
(15) have been asking Staff and the consultant questions.
(1s) This is the time if you have any final questions,
(17) let's make them, otherwise It's the time really for
(18) comments. Any final questions, Commissioner
(19) Quintana?
(2o) COMMISSIONER QUINTANA: Justto clarify
(21) what Director Lortz was saying, the current
(22) ordinance just took the tiered system that we have
(23) for trees and the species requirements and just
(24) re- incorporated it into the new system. So we can
(25) give direction, or can you explain to me - you're
Page 111
(1) saying that the reason that was done was because the
(2) Council directed that?
(3) MR. LORTZ: The Council's direction, when
(4) we went forward with this, was not to make radical
(s) wholesale changes from the intent of the current
(6) ordinance. So for example, the whole concept of
V) encouraging the removal of Blue Gum Eucalyptus,
(a) pines or any other tree for that matter was not on
(9) the agenda. If the Commission is inclined to want
(1o) to - want the Council to consider Dr. Weissman's
(11) suggestions about removal of non - native species in
(12) the hillsides, certainly that Is a commentthat
(13) should be forwarded.
(14) COMMISSIONER QUINTANA: Okay. I'd like to
(15) make a comment. Ask the Commission whether they
(1s) have any thoughts about looking at the -
(1n recommending to Council the possibility of having
(18) different criteria for different species of trees
(19) and eliminating the tiered system between developed
(20) properties and non - developed properties - probably
(21) not doing a very good job of explaining myself
(22) here - let me see if I can put this more
(23) succinctly.
(24) Biologically I suspect that some species
(25) are more valuable than others, and not all species
Page 112
(1) develop at the same speed. I noticed that In the
(2) comparison table that we were given that some
(3) jurisdiction distinguished different diameters for
(4) protected trees of different species of trees. For
(5) instance, Blue Gum -
(6) CHAIRMAN DUBOIS: Are you adding a comment
(7) here?
(a) COMMISSIONER QUINTANA: I'm adding a
(9) comment asking the Commission if they would be
(1o) willing to -
(11) CHAIRMAN DUBOIS: Let us -
(12) COMMISSIONER QUINTANA: - add this as a
(13) recommendation.
(14) CHAIRMAN DUBOIS: Let me - let me see if
(1s) I can't move this thing forward for everybody here,
(16) okay, and help you out if I can -
(17) COMMISSIONER QUINTANA: Yeah.'Causethis
(1a) is basic to the -
(19) CHAIRMAN DUBOIS: We have - we have -
(2o) we're going to make a - I think what we can do is
(21) take a motion here to move this, to forward this to
(22) Council with the following comments, and then,
(23) please, each Commissioner add your comments and your
(24) things that you want to add to this, and we will
(2s) forward those through for the Commission - for the
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(1) Council to hear. And then you t,an put your tiered
(2) species and -
(3) COMMISSIONER QUINTANA: However, arewe
(4) just recommending that it be moved forward, or are
(s) we recommending -
(6) CHAIRMAN DUBOIS: Move forward with these
(7) conditions, or they consider these conditions or
(6) comments.
(s) COMMISSIONER QUINTANA: Comments.
(1o) CHAIRMAN DUBOIS: Comments.
(11) COMMISSIONER QUINTANA: So we're not
(12) making a recommendation for approval or not
(13) approval, we're just saying move it forward.
(14) MR.LORTZ: I think what the Commission -
(15) what the Chair was saying is that you would be
(16) recommending approval of this ordinance with the
(17) Council consideration of the following comments.
(1e) So-
(19) COMMISSIONER QUINTANA: Butthose
(2o) comments —
(21) MR. LORTZ: -the comments then could be
(22) considered by the Council and then directed by
(23) Staff - to Staff for specific changes.
(24) COMMISSIONER QUINTANA: Okay. But those
(25) comments would be comments that are individual to
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Page 114
(1) every single Commission member rather than -
(2) MR. LORTZ: Tats correct.
(3) CHAIRMAN DUBOIS: Correct.
(4) COMMISSIONER QUINTANA: - a unified -
(5) CHAIRMAN DUBOIS: That is correct.
(6) COMMISSIONER QUINTANA: - recommendation.
(7) MR. LORTZ: Correct.
(6) CHAIRMAN DUBOIS: I'm not sure we're going
(s) to - I mean, I think that's the most efficient way
(1o) to do this rather than go through everybody weighing
(1 1) in on everybody's comments. So we'll start with
(12) Commissioner Quintana. Or we can start with me. 1
(13) really don't care.
(14) COMMISSIONER QUINTANA: Why don'tyou
(15) start with you, 'cause I -
(16) CHAIRMAN DUBOIS: Thank you. l'm -
(17) COMMISSIONER QUINTANA: (Inaudible.)
(18) CHAIRMAN DUBOIS: I'm going to put a
(19) motion that we - that we - that we - what do we
(2o) do here? Hang on a second. A motion that take
(21) Zoning Code Amendment A -03 -1 and recommend its
(22) adoption by Council with the following comments for
(23) consideration and /or inclusion. Do I hear a second
(24) to this?
(25) COMMISSIONER DREXEL: Second.
Page 115
(1) CHAIRMAN DUBOIS: Okay, good. I'm going
(2) to - comments that I'm going to add is that I am in
(3) complete agreement with Dr. Weissman. I think this
(4) is the opportunity to deal with this as a habitat
(5) and as an environment. It cannot be overlooked at
(6) this point. We may suffer a few dollars cost to
(7) make a minor revision here, but it will save in the
(e) long run.
(s) 1 also believe there is a prejudice
(1o) towards - there should be a prejudice towards
(1 1) native plants here, and I do think that we need to
(12) address the protection of ground cover, the grading
(13) ordinances. I've seen some terrible things that
(14) have been approved by our Commission that we didn't
(15) see during the construction process. It bothers me.
(16) Also in terms of a comment on the document
(17) itself, under the new document, page 6, exceptions,
(1e) number two, emergencies, it lays out all the people,
(19) If the conditions of a tree presents an immediate
(2o) hazard to life, all the people that can approve it,
(21) including a member of the County Sheriff. I thought
(22) we were serviced by the Los Gatos Police Department.
(23) 1 think that's just an incorrect omission, unless
(24) the Sheriff has some kind of special law enforcement
(25) thing.
rage 11b
(1) MR. LORTZ: Actually, we do enforce tree
(2) removals in the County.
(3) ' CHAIRMAN DUBOIS: So should not Los Gatos
(4) PD then be Included, too?
(s) MR. LORTZ We would probably want to
(e) Include both. I think it's probably an oversight
(7) that the Town of Los Gatos isn't In there, because
(e) its probably not referred to in other sections of
(s) the Code because they're part of the Town as opposed
(1o) to Sheriff, which is sort of unique. We don't want
(11) them to think that we're omitting Town Staff.
(12) CHAIRMAN DUBOIS: Yeah, I just wantto
(13) clarify. I just thought that was kind of a strange
(14) thing. Okay. Those are going to be my comments.
(1s) Now I'm going to move on. Commissioner Drexel.
(16) COMMISSIONER DREXEL: I really only have
(17) two comments, and I already made them before. One
(16) about the - on the desk item version of the - the
(1e) ordinance, page 4 - or pardon me, page 3, 1 believe
(2o) that was about severe pruning. I think that needs
(21) to be broken - broken up into one and two.
(22) And on page 10,1 think that we.have to
(23) (inaudible). You're talking about not a herd of or
(24) group or grove of individual protected trees, but
(25) you're talking about aspecimen. So something
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PUBLIC HEARING - APRIL 9, 200?
(1) there.
(2) And I didn't really get to finish reading
(s) the whole revised version (inaudible).
(4) CHAIRMAN DUBOIS: Okay. Commissioner
(s) Talesfore.
(e) COMMISSIONER TALESFORE: Hi. In the
(7) non - revised version, on page -
(e) (End of Side A -11.)
(9) (Beginning of Side B -II.)
(10) COMMISSIONER TALESFORE: - unrevised
(1 1) document I guess is a way to say lt. Under public
(12) nuisance, I have a- I have a comment about the
(13) word - and these are all going to be comments about
(14) words, because sometimes words can make it - it
(15) crazy and be misinterpreted, but the word comfort.
(1s) I'm not sure what that is referring to. So I think
(17) that needs to be looked at.
(1e) And also above It, on the phrase of or
(1s) upon private property, should we also Include
(2o) parking strips, or is that understood under public
(21) right -of- way ?.That was just a comment Ihad.
(22) Then on page 2, the word dangerous, I -
(23) it says - it says what this interpretation is, but
(24) I'm just thinking it needs to be either defined more
ps) or examples need to be given, if a tree of a certain
(1) age of cracked (inaudible) or falling limbs like a
(2) palm tree or pine cones. I think we need to look at
(3) that. That's what can get fuzzy. And open to
(4) interpretation.
(5) And then also, I don't - we didn't see
(6) any copies of what the forms would - the new -1
(7) would Imagine we're going to have some new forms for
(a) taking trees out, and we didn't get a chance to look
(9) at those. And I don't know If that's important for
(1o) us to do that, but just to be careful about how
(1 1) these are written.
(12) MR. LORTZ: Asa courtesy, we can bring
(1s) those back to the Commission once the ordinance is
(14) adopted. The General Plan Committee did take a look
(15) at them.
(1e) COMMISSIONER TALESFORE: Okay.
(17) MR. LORTZ: What kind of documents we were
(16) mentioning, but we'd be happy to provide that
(19) information.
(2o) COMMISSIONER TALESFORE: Okay. And then
(21) 1- I think also the - the whole issue of redwood
(22) trees. Sometimes they outgrow their landscaping
(23) area, and I specifically have one that's - my
(24) neighbor's redwood tree, and I would say in about
(25) ten years It's going to be in my yard as a - as a
XMAX(30/30)
Page 119
(1) trunk. And lt's going to impede on a fence. So
(2) what do we do about that? Do we move the fence?
(3) You know, it's going to end up - so I - and 1
(4) don't even know if we should be concerned, but I -
(s) that's a concern of mine.
(e) Those are my comments. And I'd like to
(7) thank Dr. Weissman for his thoughtful comments, and
(e) I hope that we take him up on being part of the
(a) committee that (inaudible). Thank you.
(10) CHAIRMAN DUBOIS: Commissioner Micciche.
(11) COMMISSIONERMICCICHE: Oneofthethings
(12) 1 thought that led to this was the fact that many
(13) times when the tree requirement came to the Planning
.(14) Commission, we weren't at liberty to allow it to be
(15) cut down, even though we felt it had outgrown the
(15) property, or it was a tree that didn't belong in
(17) that existing area, and I'm not sure this still
(1e) doesn't do that.
(19) 1 don't read in here where the Planning
(2o) Commission can take the action. It's always
(21) appealable to the Town Council (inaudible). But I
(22) was tired of saying, you know, I probably agreed
(23) this tree should come down, but I cant do anything
(24) about it. I'm not sure we've addressed that in here
(25) or not.
Page 120
(1) CHAIRMAN DUBOIS: CommissionerTrevlthick.
(2) COMMISSIONERTREVITHICK: Isupportthe
(3) motion as It was put forward. I also appreciate the
(4) comments by Dr. Weissman about the larger issue of
(s) habitat. Other than that, I support what's being
(s) putforward.
(7) CHAIRMAN DUBOIS: Commissioner Burke.
(e) COMMISSIONER BURKE: I want to once again
(9) thank Dr. Weissman. I think his comments are
it o) excellent, and I support all of them. And afew
(1 1) others and these expand on his. I have a fair
(12) amount.
(13) One Is I think that when we look at the
(14) tree ordinance, the deciding body, or whatever needs
(15) to able to look at the property as a whole - I
(1 s) mean, the area as a whole, if it's, you know, one
(17) tree that is significant to the neighborhood, that's
(1 a) one thing, but R it's the same tree in the
(19) hillsides that nobody's going to notice being gone,
(2o) I think it needs to be looked at that way.
(21) 1 think we really need to look at the type
(22) of tree we're talking about, and I think the perfect
(23) example of this, go back to the appeal on Shady
(24) Lane. Most of the Blue Oaks that we protected
(25) wouldn't have been protected species. They weren't
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(1) that big. But we said let's put the ,..,use where
(2) it's much more visible to protect those trees that
(3) were sub size of the ordinance.
(4) And so we're going to make a tree's sole
(5) worth its diameter at 36 inches, then we should have
(e) put that house down there in that grove and cut
(7) those trees down. 36 inches above the ground, ft's
(s) diameter at 36 inches above the ground. Well, 12
(s) Inch diameter. I'm just saying the height. That's
(10) the one thing we're - we're dictating what atree's
(1 1) worth is what ft's height.
(12) The comment that all protected trees must
(13) be licensed by - or trimmed by a licensed
(14) professional, for those who have been to my property
(15) know I have a bunch of protected trees. If every
(1s) time I had to trim a limb on my driveway I had to
(17) call out an arborist, you do not know the thousands
(1 e) upon thousands of dollars I would have to spend
(1s) every year to keep my driveway open. I think that
(20) is completely, completely unreasonable.
(21) And we have to make this ordinance
(22) reasonable, or nobody's going to obey It. If we
(23) have an ordinance where it says, you know, you're
(24) not going to get to remove that tree from your yard,
(25) somebody's going to come In there, they're going to
Page 122
(1) cut it down, they're going to pay the 10 or 15
(2) thousand dollar fine, and they're going ahead - you
(3) know, be out ahead. So we have to have an
(4) ordinance, like Mr. Micciche says, that the person
(5) applying to remove the tree has a reasonable - you
(e) know, that we - confident that if the tree needs to
(7) come down, It's going to come down.
(s) And it's my hope that the Commission will
(s) send this back to the Genera) Plan where a
(10) subcommittee of General Plan members, as well as
(1 1) maybe some citizen input, will incorporate these
(12) changes into the final document and it can go back
(13) to the Council for final approval.
(14) CHAIRMANDUBOIS: Question on that,
(15) Commissioner Burke. The Commission send it back or
(1e) the Council?
(17) COMMISSIONER BURKE: The Council. Excuse
(18) me, the Council send it back.
(1e) CHAIRMANDUBOIS: Commissioner Quintana.
(20) COMMISSIONER QUINTANA: I agree with
(21) Commissioner Dubois' comments about the changes made
(22) (inaudible) in the document now. I agree with
(23) Commissioner Micciche's comments. I agree with
(24) Commissioner Burke's comments.
(2s) I will submit my page by page comments as
- APRIL 9, 20n'i XMAX(31l31)
Page 123
(1) an addendun.. -cher than on - to be passed on to the
(2) Council, rather than going through it page by page,
(3) but I do want to make the comment of two things.
(4) One is that I do - do recommend to
(5) Council that we do look at changing our criteria for
(e) what is a protected tree, perhaps looking at the
(7) species and whether individual species need to have
(a) different diameters, whether there are trees that we
(e) really don't want to protect under any
(10) circumstances, and along the same lines as other
(11) things that have been added here.
(12) In addition, the - it's been brought up
(13) several times about trees that outgrow their
(14) property, and this is where I find a conflict in the
(1s) ordinance and in perhaps the General Plan, that
(1 s) we're using replacement trees to mitigate usual
(17) impacts. You also say that the replacement trees
(16) should be - the property should have the capacity
(19) for those replacement trees, but when we're doing
(20) visual impacts, we're planting a lot more to get
(21) that effect, and we're creating the problem that
(22) Commissioner Micciche referred to.
(23) So I just think that needs to be looked
(24) at, too. Those are my comments.
(25) CHAIRMANDUBOIS: Thank you. I think that
Page 124
(1) Commissioner -
(2) COMMISSIONER QUINTANA: Oh, I did have one
(3) more, and this is I think maybe -
(4) CHAIRMAN DUBOIS: You remind me of
(5) Columbo, you know.
(e) COMMISSIONER QUINTANA: Yeah, I know. Oh,
(7) God. I'm sorry. We have a definition of
(9) significant impact in here. It's not clear that
(9) ft's the tree that's the impact, but we also have
(1 0) the use of the term significant tree and heritage
(11) tree in the General Plan, which aren't defined here,
(12) and specifically, the significant tree terminology
(13) could be really confused with this significant
(14) impact terminology, and I think that should be
(15) looked at and addressed.
(16) CHAIRMANDUBOIS: I think Commissioner
(17) Quintana hit on an area whether some trees we should
(1a) consider, you know, some trees be less important
(,q) than others and should be removed, is a good reason
(20) to be sending, asking the Council to send this back
(21) for further discussion, because what we need to
(22) think about is habitat. And some trees are habitat
(23) and, you know, we may not like that particular
(24) species, they are bird habitats, raptor habitats,
(25) SO—
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(i) Okay. I'm going to call the question.
(2) All in favor to forward this to the Council
(3) recommending approval with the conditions, the
(4) comments as stated for consideration and/or
(5) modification, please signify by saying aye.
(s) (Ayes.)
(7) CHAIRMAN DUBOIS: Motion carries
(s) unanimously.
(s) Okay. Moving on to other continued
(io) business. We have none.
(11) New business. Subcommittee reports. Do
(12) we have any subcommittee reports tonight? Seeing no
(13) subcommittee reports, do we have a report from the
(14) Director of Community Development?
(is) MR. LORTZ: Just briefly, you'll recall
(i e) that you're going to. be here on Saturday, with one
(17) exception, to join the Council in conversation about
(i a) a number of different items. Just wanted to let you
(is) know thatthere'll be an addendum report that'll
(2o) probably be coming out tomorrow to help foster a
(21) conversation between the two bodies.
(22) And then I also am including, although it
(23) wasn't something that was specific from the
(24) Commission to be discussed, the restriction on
(25) conversation between the public and the Commission
Page 126
(i) off line. That is something that people have
(2) referred to as the gag order. Its a policy
(3) currently that was adopted by Council, and there may
(4) be Interest between the Commission and the Council
(s) to have a conversation about that, If time allows,
(s) on Saturday.
(7) Any questions?
(8) CHAIRMAN DUBOIS: Commissioner Burke has a
(9) question.
(10) COMMISSIONER BURKE: Not on that, but i
(1 1) did have a question of Mr. Lortz, while this Is
(12) going on. The desk item we received on the tree
(13) ordinance today -
(14) MR. LORTZ: Yes.
(15) COMMISSIONER BURKE: -big document, last
(16) minute, changes to a previous document. Would it be
(n) possible to have change bars on something like that
(is) in the future so we could look at it and say oh,
(1e) this is what has changed?
(2o) MR. LORTZ: We'd be happy to do that. The
(21) changes - we did pass around some - the
(22) handwritten version of the changes. What we were
(23) trying to do Is get the changes in front of the
(24) Commission so that you were aware of them. Phil
(25) Micciche had looked at it, because he had raised
Page 127
(1) questions abou, some of the changes that the Town
(2) Attorney may have made.
(3) In a perfect world, we would be happy to
(4) do that. And we usually do.
(s) COMMISSIONER MICCICHE: I thoughtwhat he
(s) may be referring to is Word has a program that you
(n can track -
(s) MR. LORTZ: Yes, well -
(e) COMMISSIONER MICCICHE: - (inaudible).
(10) MR. LORTZ: - what we've run Into 1s when
(11) we have a red lined version of a red lined version,
(12) it get as little complicated. And so in that
(1s) particular Instance, we opted to not go that
(14) direction.
(15) CHAIRMAN DUBOIS: On another topic, would
(16) you give us a very brief update on what is occurring
(17) on the new recording system that's about to be
(is) implemented and how the Commissioners who have not _
(19) seen it yet can get a preview of it.
(20) MR. LORTZ: Certainly. In the Clerk's
(21) Office there is -the Community Development
(22) Department purchased a new recording system. There
(23) was two reasons for this. One is that the system
(24) that we have is pretty antiquated. It's a tape
(25) system. We're going to go to a CD system. The
(i) Commission has mentioned that before. Most of your
(2) cars now have CD players instead of tape players,
(3) except for Lee Qulntana's, who may have an eight
(4) track. The -
(5) COMMISSIONER QUINTANA: You're right, I -
(s) 1 don't have an eight track, but I am
(7) technologically backwards.
(s) MR. LORTZ: The-the- and the intent
(s) here is to - a number of things - save quite a bit
(i o) of money. We're in a recession. We were asked to
(11) save money any way that we could. Transcripts and
(12) services are costing the Town about 10,000 - or
(13) $30,000 a year for full verbatim transcripts of this
(14) meeting. Even If we had done it a different way,
(15) the Staff time involved In it were - over the years
(16) has been somewhere about 25 to $30,000.
(17) This equipment will allow us to go to, as
(1 e) 1 reported to the Commission before, action only
(19) minutes, but any item that is appealed to the
(20) Council will, at the applicant's expense, have a
(21) verbatim transcript. So what this will be for the
(22) Planning Commission Is when the minutes come back to
(23) you for approval, It will indicate who spoke. It
(24) will Indicate the motion, and it will indicate all
(2s) of the conditions of approval.
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(1) So sort of an advantage here is so that
(2) the Commission can now see the ultimate conditions.
(3) And if there's some changes that are necessary to
(4) those conditions, you're certainly able to do that.
(s) This will essentially limit our
(e) transcription cost. This is a very interesting
(7) system. People will be able to buy tapes or CDs of
(a) the meetings. And there Is - the system Is
(9) available for review in the Clerk's Office. If
(1o) you'd like to go up and take a look at it, please do
(11) so. And as we take notes through the computer
(12) system at the meeting, we will code when a
(13) particular speak- person spoke. We will be able
(14) to code when the motion was taken, so if you wanted
(1 s) to listen to the CD, for example, you could go right
(1e) to that spot and listen to the motion.
(17) The other thing is that it will enable
(1a) people to probably download some of this online.
(19) And Commission will probably be able to get this
(2o) information online as well.
(21) And there was an additional advantage, it
(22) will actually be used by the Clerks as well, as well
(23) as the Police Department during interrogations.
(24) CHAIRMAN DUBOIS: I would encourage any
(2s) member of the Commission to take a few minutes and
- APRIL 9,2' _1 xMAX(33 /33)
Page 131
(1) the minutes ., iat you'll be adopting will reference
(2) the - the CD by number. It'll be CD number 27 -03.
(3) COMMISSIONER QUINTANA: And my second - I
(4) guess this is a comment. I guess I reacted a little
(s) bit to the appellant having to pay the cost for the
(s) transcript when there's an appeal. That makes an
(T) appeal that much more expensive, and It seems to
(a) limit the ability of people to participate fully in
(9) our process. It's just a comment.
(10) MR. LORTZ: We'll look at that during the
(11) fee schedule review that will be going to the
(12) Council shortly.
(13) CHAIRMAN DUBOIS; Okay. And we have a
(14) short little -
(15) COMMISSIONER QUINTANA: No, it's not a -
(1e) It's a-
(17) CHAIRMAN DUSOIS: No, I wasn't- I wasn't
(1e) (inaudible). Commissioner Burke.
(19) COMMISSIONER BURKE: Justwanttomake
(2o) sure. This is listenable to both on a CD player and
(21) a computer•? 'Cause -
(22) MR. LORTZ: Well, what we have to do is
(23) take the computer version of it and change it over
(24) to a Walkman type of format. 'Cause they're
(2s) different. You would know better about that than I
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Page 132
(1)
visit and probably freeze in the Clerk's Office and
(1)
do, but there is -
(2)
take - the demo is about 15 minutes long. Please
(2)
COMMISSIONER BURKE: They don't - they
(3)
do, get yourself familiar with lt. Commissioner
(3)
don't have to be.
(4)
Burke.
(4)
MR. LORTZ: -a difference. This system
(s)
COMMISSIONER BURKE: I assume it's the -
(s)
requires us to convert.
(e)
or the appellant's cost for the transcription, or is
(s)
And then I would just have the question of
(7)
lt the applicant's cost?
(7)
Lee Quintana, that's a rare one, who would you think
(9)
MR. LORTZ: The appellant's cost. The
(a)
should pay?
(9)
other thing is - thank you, Ray. There was - this
(9)
COMMISSIONER QUINTANA: Yeah, that's what
(1o)
is a system that will allow us as Staff to access it
(1o)
I would say.
(1 1)
throughout the facility here so that anyone from any
(11)
MR. LORTZ: Then we'll include that as
(12)
department will be able to gain access to a meeting,
(12)
part of the budget process.
(13)
listen to the minutes online. So for example, if
(13)
COMMISSIONER QUINTANA: It still would be
(14)
the Town Manager gets a call from a Councilmember
(14)
a huge savings in budget, because hopefully we don't
(15)
about a particular portion of the minutes or the
(1s)
have that many appeals, and it Isn't the whole
(1e)
meeting, she can access that directly online from
(16)
minutes that need to be copied, just that portion.
(17)
her computer basically the following day.
(17)
MR. LORTZ: The - and just so that we
(18)
Any questions?
(1e)
understand, development in the Town of Los Gatos is
(19)
CHAIRMAN DUBOIS: Commissioner Quintana.
(19)
on a fee recovery basis. And with - it's a serious
(20)
COMMISSIONER QUINTANA: Yeah, one
(2o)
question as to who pays.
(21)
question. Are there going to be copies available in
(21)
COMMISSIONER QUINTANA: [don't-now,
(22)
the library for people who do not wish to listen to
(22)
I'm not saying who should pay. I just think it's a
(23)
it, but do not want to purchase it or do not have a
(23)
concern, and it should be looked at-
(24)
computer at their ready at home?
(24)
CHAIRMAN DUBOIS: Okay.
(25)
MR. LORTZ: Yes. And the other thing that
(25)
COMMISSIONER QUINTANA: - and -
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CHAIRMAN DUBOIS: Concern are noted, and
(2) 1 want to adjourn the meeting.
(s) COMMISSIONER QUINTANA: And I want to
(4) have - do something under new business If I may.
(s) CHAIRMAN DUBOIS: You wantto do what?
(6) COMMISSIONER QUINTANA: I wantto raise
(7) something under new business, if I may.
(6) CHAIRMAN DUBOIS: Okay. That's where
(9) we're at.
(10) COMMISSIONER QUINTANA: In referenceto
(1 1) the Farley Road application that we had today, it
(12) seems to me that that area Is moving more and more
(13) in the direction of being residential, both along
(14) Farley Road and also along Winchester South. And I
(1s) just want to raise the question to the Commission or
(16) to Council as to whether we should be re- looking at
(17) the bigger picture of what it is that we want there
(1s) in terms of zoning and General Plan, rather than
(1s) having to do Conditional Use Permits all the time.
(20) And my reasoning is that to somebody who's
(21) looking at our General Plan and zoning map, they
(24 will get a different Impression of what's actually
(23) there than what is there, especially since a lot of
(24) these uses have been approved recently.
(25) CHAIRMAN DUBOIS: Do you want to comment
Page 134
(1) that potentially some appropriate -
(2) MR. LORTZ: Very, very quickly. We've
(3) studied that area probably four times during my
(4) tenure with the Town. The latest General Plan shows
(s) that area as specifically, particularly on the north
(6) end, residential. There was a lot of discussion
(7) about that during the General Plan update process.
(e) The General Plan is our guiding light, and the rest
(9) of the area is slated for conversion over to office.
(1o) If the Commission wants to pursue some
(1 1) other course, then that would be a General Plan
(12) amendment.
(13) CHAIRMANDUBOIS: Okay. Thank you for the
(14) comments. I'm going to adjourn the meeting. Have a
(1s) great day or great night. See you all in two weeks.
(1e) Or we'll see you Saturday.
(17) (End of Hearing.)
(1e) (End of Side B -11.)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
(2) [,USA A. GLANVILLE, C.S.R. #9932, a
(3) Certified Shorthand Reporter in and for the State of
(4) California, do hereby certify:
(s) That the preceding tape transcription was
(6) taken down by me in shorthand to the best of my
(7) ability and thereafter reduced to computerized
(6) transcription under my direction and supervision,
(s) and I hereby certify the foregoing transcript is a
10) full, true and correct transcript of my shorthand
11) notes so taken.
12) 1 further certify that I am neither
13) counsel for nor related to any party to said action
;14) nor interested in the outcome of this action.
,15) Witness my hand this day of
116) April, 2003.
(17)
(16)
(19) LISAA.GLANVILLE
CSR No. 9932
(20) State of California
(21)
(22)
(23)
(24)
(25)
Page 133 to Page 135 (408) 920.0222 ADVANTAGE REPORTING SERVICES, LLC
Date: April 4, 2003
For Agenda Of: April 9, 2003
Agenda Item: 3
REPORT TO: The Planning Commission
FROM: Director of Community Development
SUBJECT: Zoning Code Amendment A -03 -1
Consider amending the Town Code to update the Tree Protection
Ordinance. It has been determined that this project could not have a
significant impact on the environment, therefore, the project is not subject
to the California Environmental Quality Act (Section 15061 (b)(3)).
APPLICANT: Town of Los Gatos
ENVIRONMENTAL It has been determined that this project is categorically exempt pursuant
ASSESSMENT: to Section 15308 of the State Environmental Guidelines as adopted by the
Town.
EXHIBITS: A. Draft Tree Ordinance (23 pages)
B. Matrix of key changes to ordinance (five pages)
C. Peer City Survey (five pages)
D. Fee Survey (three pages)
E. Letter from Dave Weissman (two pages), received April 1, 2003
RECOMMENDATION
SUMMARY: Forward the Draft Tree Ordinance to the Town Council with a
recommendation for approval of the Zoning Ordinance Amendment.
A. BACKGROUND:
The review and update of the Tree Protection Ordinance is a General Plan implementing strategy
included in the current Work Plan for Fiscal Year 2001 -02. The current ordinance was originally
adopted in 1976 and was last updated in 1984. As directed by the Town Council, a Request for
Proposal (RFP) for the Tree Ordinance update was distributed in March 2002. The Town considered
proposals from four qualified arborists. Panel interviews were conducted in April 2002, and Dave
Dockter, APC, was determined to be the best qualified to revise the Town's Tree Protection
Ordinance. The Town Council authorized the Town Manager to enter into an agreement with Dave
Dockter for preparation of the revised Tree Protection Ordinance and work commenced in
September 2002. The draft ordinance was reviewed by the General Plan Committee (GPC) has been
forwarded to the Planning Commission for review and recommendation to the Town Council. The
GPC recommended approval of the draft Tree Protection Ordinance.
B. REMARKS:
The Tree Ordinance update addresses the following General Plan Implementing Strategy:
C.I.4.2 Review and revise the Tree Preservation Ordinance as needed.
Attacbment 5
The Planning Commission - Page 2
Zoning Code Amendment A -03 -1
April 9, 2003
Other General Plan goals, policies and implementing strategies that support the Tree Ordinance
update are as follows:
L.P.1.5 Preserve existing trees, natural vegetation ... and promote tasteful, high quality, well
designed, environmentally conscious and diverse landscaping in new and existing
developments.
O.P.4.5 Preserve the natural open space character of hillside lands including natural
topography, natural vegetation, wildlife habitats and migration corridors, and
viewsheds.
C.G.4.1 To conserve and augment the plant life of the Town.
C.G.4.2 To prevent damage to plant life in the hillsides, watershed and riparian areas.
C.P.4.2 Preserve heritage and specimen trees.
C.P.4.8 Prevent development that significantly depletes, damages or alters existing plant life,
wildlife habitat or landscape vistas.
C.P.4.11 Encourage preservation and use of native plant species in hillside areas.
C.I.4.2 Tree Preservation Ordinance: Town ordinances shall encourage the maintenance of
specimen or heritage trees and limit the removal of all trees. The ordinances shall be
reviewed periodically for necessary updating.
A comparison survey of other towns' and cities' tree regulations was prepared as part of the
development of the draft ordinance (see Exhibit Q. The survey shows the size of protected trees
ranges from 3.8- inches to 24- inches, with the typical size being in the 11 -15 -inch diameter range.
Some communities protect only a few specific species, while others protect all trees of a specified
size or larger. The Town currently uses a tiered category to define "protected trees ". They are: trees
with a four -inch trunk diameter for undeveloped properties, and trees with a 12 -inch diameter for
developed sites, regardless of species. In addition, trees that are conditioned to remain as part of a
discretionary approval on a property, all existing trees and trees required for screening or other
mitigation are considered protected trees. While the latter category of designated trees are currently
required to be preserved and maintained by the private property owner, it is implied but not clearly
stated. The ordinance update clarifies this ambiguity. No changes are proposed to size criteria for
protected trees other than to make the corresponding circumference numbers consistent with the
specified diameter. Specific tree species have not been identified as appropriate for removal so that
each tree proposed for removal can be considered based on its own merits (location, size, health, etc.)
Exhibit B is a comparison matrix that outlines the key changes to the Tree Ordinance with a
comparison to present regulations. New information has been added to the ordinance in order to
The Planning Commission - Page 3
Zoning Code Amendment A -03 -1
April 9, 2003
clarify intent, establish objective criteria for assessing a trees condition, and to enable effective
enforcement, and includes the following:
• Definitions to clarify special conditions, industry terms and intent
• Criteria for emergency tree removal
• Tree Removal Permit applications
• Standards of review
• New canopy replacement criteria
• New property development criteria
• Tree protection during development
• Pruning and maintenance provisions
• Enforcement and remedies for violations
• Appeal process
The draft ordinance (Exhibit A) provides a direct comparison of the current versus proposed
ordinance with new text underlined and strikeout of text to be deleted.
General Plan Committee
The General Plan Committee (GPC) considered the draft Tree Ordinance on January 22 and February
26, 2003. The Committee voted unanimously to forward the draft ordinance to the Planning
Commission with the recommendation that Tree Removal Permit Fees (if adopted by Council)
should exempt emergency tree removals.
Tree Removal Permit Fees
The Town does not currently charge a fee for a tree removal permit, but it is recommended that a
nominal fee be established. Based on a study of other communities (Exhibit E), it was found that
fees range from $50 to $760. Several of the cities surveyed (Los Gatos, Campbell, Mountain View
and Redwood City) do not charge for tree permits. However, most cities and towns are using a cost
recovery approach to recoup a portion of staff time spent reviewing the application. The General
Plan Committee discussed the concept of charging a fee for tree removal permits, and recommended
in favor of this action. The Parks & Public Works Department recommends that a $100 fee be
charged for a tree removal, with an additional $50 charge for each additional tree under the same
permit. If an application were denied, 50% of the fee would be refunded. Staff spends at least one
to two hours on each tree removal permit application, with additional time being spent answering
inquiries from residents prior to application and during project development. The proposed fees will
be considered by the Town Council as part of the Fee Schedule update on May 5, 2003.
Establishment of a fee for tree removal permits is not contingent on adoption of the revised tree
ordinance.
Tree Technical Manual
Following adoption of the revised Tree Preservation Ordinance, staff and the consulting arborist will
be preparing a supporting Tree Technical Manual. The technical manual will be a compendium of
The Planning Commission - Page 4
Zoning Code Amendment A -03 -1
April 9, 2003
all referenced documents and forms mentioned in the ordinance including the following:
• Tree Disclosure Statement
• Standard Tree Protection Instructions
• Tree Protection Zone sign language for construction projects
• Tree Hazard Evaluation form
• Written and illustrative information on pruning, including ANSI -A300 Best Management
Practices for Pruning booklet
• Standards details for tree planting and staking
The technical manual will be available as a reference document for residents, arborists and tree
service companies. Any interested party will be able to purchase a copy from the Community
Development Department for printing cost. The manual may be revised or added to as needed at the
discretion of the Director of Community Development in order to ensure the Town provides its
residents up -to -date Best Management Practices and other information to implement the ordinance.
In addition to the technical manual, the current informational brochure on tree removal permits will
be updated to reflect the newly adopted ordinance criteria.
C. RECOMMENDATION:
The General Plan Committee recommends that the Planning Commission forward the draft Tree
Protection Ordinance (Exhibit A) to the Town Council for adoption. The Commission may make
recommendations for changes to the draft ordinance for the Council's consideration. The
Commission should specifically provide a recommendation regarding the establishment of a Tree
Removal Permit Fee.
ortz, irecto m
r of C munity Development
Prepared by: Suzanne Davis, Associate Planner
BNL:SD:mdc
cc: Dave Dockter, APC, 255 Calle Marguerita, Los Gatos, CA 95032
Dave Weissman
N:\DEVSUZ NNEkPQREPORTS \T=ONin=e.wpd
ORDINANCE
°RgPr
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE OF THE TOWN CODE TO REVISE THE
TREE PROTECTION ORDINANCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Chapter 29, Division 2 is amended to read as follows:
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by Oak, Bay,
Eucalyptus, Sycamore, Redwood, Pine and other trees, and contains individual trees of great
beauty. The health and welfare of the citizens of the Town require that these trees be saved in
order to preserve the scenic beauty of the Town, prevent erosion of topsoil, provide protection
against flood hazards and risk of landslides, counteract pollutants in the air, maintain climatic
balance and decrease 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 significant trees within the Town
in order to retain as many trees as possible consistent with the purpose of this section and the
reasonable use of private property. It is the intent of this Division to Preserve as many Protected
Trees as Possible throughout the Town through staff review and the develoyment review process
This section does not supersede the provisions of Division 26 of this Code.
(Ord. No. 1316, § 3.20.010, 6 -7 -76; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0955. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
1
EXHIBIT A
Building envelope means the area of a parcel that (1) upon which, under applicable zoning
regulations, a structure may be built outside of required setbacks without a variance or; (2) 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.
Dangerous means a tree, which is an imminent hazard or threat to the safety of persons or
property.
Development means any work upon any property in the Town which requires a subdivision
planned community zone, variance, use permit, building permit, demolition permit, grading
permit or other Town approval or which involves excavation, landscaping or construction within
the dripline area of a protected tree.
Diameter means measurement of diameter (circumference) for the purpose of applying this
section shall be made three feet (36- inches) above natural grade. Measurement of multi - trunked
trees shall be determined by the sum of all trunks measured above the trunk union.
Director means the Director of Community Development, Director of Parks and Public Works or
either Director's designated representative.
Dripline area means the area within X distance from the perimeter of the trunk of the tree at three
feet (36- inches) above natural grade, where X equals a distance ten times the diameter of the
trunk as measured at three feet (thirty -six inches)
Protected Tree means a woody perennial plant, usually with one (1) main stem or trunk, and
many branches. It may appear to have several stems or trunks and is usually over ten (10) feet
high at maturity. A tree in the protected tree category means a tree regulated by the Town of Los
Gatos (set forth in Section. 29.10.0960. Scope of Protected Trees.)
Pruning means the eiitting er taking away of faefe thaa thii4y three (33) pereent of the living
feliage material (ineluding branehes) of a tree in an), twelve imenth period af as Otherw4se
deteffi4aed by the Direet°_ of n,._v. Fer- stry and ,,,rainteaanee ServieeS' selective removal of
plant parts to meet specific goals' and objectives, such as to control growth and enhance
Performance or function by developing and preserving tree structure and health in accordance
with the current version of the International Society of Arboriculture. Best Management
Practices.
Public Nuisance, as described in Section 26.10.055 means any trees shrubs plants or parts
thereof growing in or overhanging a public street or right -of -way, or upon private property,
interfering with the use of any public street or public place in the Town, or trees which in the
opinion of the Director, endanger 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.
, iaeluding pFa Remove means any of the
following: (1) Complete removal, such as cutting to o the ground or extraction, of a protected tree;
O 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 removal of more than one -fourth of the functioning leaf and stem area of a
tree in any twelve -month period, topping or removal of foliage so as to cause the unbalancing or
unnatural shape of a tree.
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over
fifteen (15) feet high at maturity
Skeni scant impact 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, as well as the size of the tree relative to the property, shall be considered.
Normal maintenance, including but not limited to, pruning, and leaf removal and minor damage
to paving shall not be considered when making a determination of significant impact.
Street tree means those trees in a public place, or along or within a public street or right -of -way.
Topping means heading back of the crown and/or creating large stubs without regard to form
Tree Protection Zone (TPZ) means the area of 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 where no soil disturbance is permitted unless approved and supervised
the certified or consulting arborist.
Tree Canopy Standard means a replacement tree formula to mitigate removal of a protected tree.
The standard is based on measuring the average canopy of a tree for the purnose of determining
the mitigating size and number of replacement trees.
9
Tree Value Standard means the trunk formula method of appraising a tree's value to a propert y
using the most recent edition of the Guide for Plant Appraisal published by the Council of Tree
and Landscape Appraisers (CTLA).
(Ord. No. 1316, §§ 3.20.015--3.20.035,6-7-76; Ord. No. 1375, 11- 21 -77; Ord. No. 1617,5-21-84)
(Ord. No. 1316, § 3.20.040, 6 -7 -76; Ord. No. 1617, 5- 21 -84)
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 (thiFty€iNe thirty -seven and
one half -inch circumference) of any trunk, or in the case of multi -trunk trees a total of
twelve- inches or greater diameter PNen ° Feu- (24 :.,, hes or more of the sum
diameter (thirty -seven and one half -inch circumference) of all trunks, where such
trees are located on developed residential property. A protected tree may also mean a
stand of trees the nature of which makes each dependent upon the other for survival
of the area's natural beauty.
(2) 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
(3) Any tree that existed at the time of a zoning approval or subdivision approval and was
a specific subject of such approval or otherwise covered by subsection (2) of this
section.
(4) Any tree that was required to be planted 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. z :i ng approval or a
(5) All trees which have a four -inch or greater diameter (twelve and one half inch
circumference) of any trunk and are located on a vacant lot or undeveloped property.
(6) All trees, which have a four -inch or greater diameter (twelve and one half -inch
diameter circumference) of any trunk and are located on developed commercial,
office, or industrial property.
(7) All publicly owned trees growing on Town lands, public places or in the right -of-
way.
(8) A protected tree may also be a stand of trees, the nature of which makes each
dependent upon the other for the survival of the area's natural beauty.
Measurement of trunk diameter (circumference) for the purpose of applying this section shall be
made three (3) feet above the greun natural rgrade. Measurement of multi - trunked trees shall be
determined by the sum of all trunks measured above the trunk union
(Ord. No. 1316, § 3.20.045, 6 -7 -76; Ord. No. 1617, 5- 21 -84; Ord. No. 1941, § I, 5 -3 -93)
C
Sec. 29.10.0965. Prohibitions.
Except as provided in Section 29.10.0970, it shall be unlawful for anyone:
(1) To remove or cause to be removed any protected tree in the Town without
obtaining a permit to do so.
(2) For any person or business entity engaged in the business of removing trees or
tree care to remove a protected tree without a permit under this division. This
permit shall be on -site at all times during the removal of a tree and must be made
available upon request from the Chief of Police, Code Compliance Officer,
Director of Parks and Public Works Department, Forestry and Maintenanee
Serviees or their designee.
(Ord. No. 1316, § 3.20.050, 6 -7 -76; Ord. No. 1363, 8 -1 -77; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0970. Exceptions.
The following tree removals and conditions are excepted from the provisions of this
division and may be removed without Town approval or issuance of a Tree Removal Permit:
A ,... eultur -al Mspeeten A fruit or nut tree when part of an orchard, and the tree is less
than 18- inches in diameter (fifty- seven - inches circumference).
(2) Emergencies. If the condition of a tree presents an immediate hazard to life or
property, it may be removed without a permit on order of the Town Manager, the
Town Engineer, the Planning Director, the Public Works Director or a member of the
County Sheriff or Fire Department.
VA
Sec. 29.10.0975. Emergency action.
In the event of an n °coeval in eaOe of emergency, if a tree is in a imminently hazardous
condition or dangerous to life or property, the tree may be removed without first obtaining a
protected tree removal permit in order to mitigate and abate the condition, on order of the
Director of Parks and Public Works Deuartment, Fa-estfy and M °n° ^^° S°^^^ LU A
person may remove or severely prune a Protected tree without a permit if there is an emergency
caused by a protected tree being in a hazardous or dangerous condition -- requiring immediate
corrective action. In such event, the Director shall be notified at the earliest opportunity in order
to confirm the emergency situation. (2) After the abatement, no later than two days from the
date the tree was removed emergency tree removal or severe pruning requires that the property
owner apply for a Tree Removal Permit and submit to the Director the documentation required
in Section 29 10 0985. (3) If the Director determines that the condition was not an emergency
requiring immediate action the person responsible for removing or damaging the protected tree
shall be subiect to fines and penalties set forth in Section 29.10.1025.
(Ord. No. 1316, § 3.20.055, 6 -7 -76; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0980. Applications for a tree removal permit.
leeeAien of the trees to be removed, showing the type of eaeh and the reaSRB fqr r-AFAWO-81 Af
Applications for a Protected Tree Removal Permit for trees on private property shall be available
from and filed with the Community Development Department. Application submittals for the
removal of trees on public property (street trees) are provided for in chapter 26 10 060 of the
Town Code Applications for tree removal may be granted, denied or granted with conditions.
Application submittals for trees on private property shall include the following minimum
information for staff review:
A completed Tree Removal Application Form, signed by the property owner or
agent.
2. A written explanation of why each tree(s) should be removed and how it meets
the Town's standard for allowable removal.
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 on company letterhead 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 tree); condition of health; condition of structure; and if
hazard tree findings apply, an ISA Hazard Rating Form. Other information.
images, etc. may be included in the report.
5. Permit fee, as established by Town resolution.
(Ord. No. 1316, § 3.20.060, 6 -7 -76; Ord. No. 1375, 11- 21 -77; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0985. Determination and conditions of on permit.
Except as he feaRer i3 .ide.7 the Direete. of Pa fks - d Publie Works T
be made to the Planning The Director of Community Development, who shall determine the
permit in accordance with the recommendations from all responsible departments and a, encies.
When a development application for any zoning approval, or subdivision of land 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 deeidir
affieinl or the deciding body may impose as a condition on which a protected tree removal
permit is granted that ene (1) two or more replacement trees of a species and a size designated by
the Director of Parks and Public Works Department F- eres•Ey and Maintenanee gefvieea, be
planted in the following order of preference:
(1) on publie or pi4yate the subject private property;
(2) if a tree cannot be reasonably planted on the subject property, the value of the tree(s)
shall be paid to the Town Forestry Fund to add or replace trees on public property in
the vicinity of the subject property or;
(3) to add trees or other landscaping on other Town property.
The Tree Canopy--Re
.placement Standard- -Table 3 -1 shall be used as a basis for this
requirement. If replacement trees are required the person requesting the permit may also be
requifed-to shall pay the cost of obtaining and planting the replacement trees.
TABLE 3 -1
Tree Canopy - Replacement Standard
COLUMN 1
COLUMN 2
COLUMN 3
Canopy of the
Removed Tree •
Replacement Trees
Alternative Tree
(Maximum distance
across the canopy)
4' -9'
Two 24' Box Size
One 36" Box Size
(Minimum) -
10' -27'
Three 24" Box Size
Two 36" Box Size
28' -40'
Four 24" Box Size
Two 48" Box Size
40' -56'
Six 24" Box Size
Two 36" Box Size
Two 48" Box Size
56' -60'
Two 24" Box &
Two 36" Box +
Two 48" Box Size
60' +
10
Using Table 3 -1
1. Table 3 -1, is a matrix formula used to determine how many trees will
be required for planting to approximate the lost canopy of the
removed tree over the course of ten years with moderate care.
2. * To measure an asymmetrical canopy of a tree, the widest
measurement shall be used to determine canopy s� ize.
3. ** Often, it is not possible to replace a single large, older tree with
an equivalent tree(s). In this case, the tree shall be replaced with a
combination of both the Tree Canopy and Tree Value Standards as
determined by the Director.
(Ord. No. 1316, § 3.20.065, 6 -7 -76; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0990. Standards of Review.
Each application for a tree removal permit required by this division shall be reviewed and
determined in consideration of the following stas riteria:
(1) The condition of the tree or trees with respect to disease, imminent danger of falling
or structural failure, proximity to existing or proposed structures, and— structural
damage to a structure or public nuisance caused by a tree. The danger of falling or
failure shall be rated using the ISA Tree Hazard Rating Form or an approved
equivalent.
(2) Whether the above condition of the tree can be reasonably remedied through
preservation and/or preventative measures, which can be implemented to reduce the
danger to a less than significant level.
(3) (2) The topography of the land and the effect of the removal of the tree on erosion,
soil retention and diversion or increased flow of surface waters.
11
(4) (34 The number of trees existing in the neighborhood or improved subject property
and the effect the removal would have on the established standard of the area and the
property values.
(5) (44 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.
(6) Whether the protected tree has a significant impact on the property.
(7) In connection with a proposed subdivision of land into two or more parcels no
protected tree shall be removed unless removal is unavoidable due to restricted access
to the property or deemed necessary to repair a geologic hazard (landslide repairs
etc.) The tree removed shall be replaced in accordance with the standards in Section
29.10.0985 of this code. Tree preservation and protection measures for any lot that is
created by a proposed subdivision of land shall comply with the regulations of this
code.
(8) Whether or not retention of the protected tree would result in reduction of the
otherwise - permissible building envelope by more than twenty -five percent. In such a
case, the approval for removal shall be conditioned upon replacement in accordance
with the standards in Section 29.10.0985 of this code.
(9) The Hillside Development Standards and Guidelines, current version.
12
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building or
demolition permit where no discretionary development approval is required, shall be
accompanied by a 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, dripline area, and location. This requirement shall be met by
including the information on plans submitted in connection with the application.
(b) In addition, the location of all other trees on the site and in the adjacent public right -
of -way which are within thirty -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.
(c) 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.
(d) 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 or paving.
(e) Knowingly or negligently providing false or misleading information in response to
this disclosure requirement shall constitute a violation of this Division.
Sec. 29.10.1000. New property development.
A. Any person desiring to remove one or more protected trees on any property in the Town
which is related to the development of such property requiring Town approval or where
any protected tree may be affected by a proposed development shall include in the
application to the appropriate Town reviewing body as part of the regular application, the
following:
13
1. A tree survey plan, including all trees that will be affected by the new development
and shall include all trees described in Section. 29.10.0995. The survey, noting all
trees four inches W inches) in diameter and greater, shall specify the precise location
of trunk and dripline size health and species of all existing trees on the property with
a special notation of those classified as a Protected Tree:
2. The tree survey plan and report shall be forwarded to the Director who shall, after
making a field visit to the property, indicate in writing or by approved plans which
trees are recommended for preservation using the minimum standards set forth in
Section 29.10.0990. This report shall be made part of the staff report to the Town
reviewing body upon its consideration of the application for new property
development. The tree survey shall include a numbered metal tag on each tree on site
that matches the tree survey list:
3. Tree Preservation Plan. For any protected tree that will be subiect to development
within the tree dripline, the applicant shall provide a report prepared by a certified or
consulting arborist. The report, based on the findings of the tree survey plan and
other necessary information, shall be used to determine the health of existing trees
the effects of the proposed development upon the trees, recommendations for any
special precautions necessary for their preservation and shall also indicate which trees
are proposed for removal. The Tree Preservation Plan shall stipulate a required tree
protection zone (TPZ) for all 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 Sec. 29.10.1005:
4. The final approved Tree Preservation Plan shall be printed on the building permit set
of development plans on a sheet titled: Tree Preservation Instructions:
5. The Town reviewing body through its site and design plan review shall endeavor to
preserve all trees recommended for preservation by the Director. The Town
reviewing body may determine that any of the trees recommended for preservation
14
should be removed, if there is evidence submitted 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:
6. Approval of final site or landscape plans by the appropriate Town reviewing body
indicating which trees are to be removed does 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 for each tree to be removed to satisfy the purpose of
this Division, and
7. Prior to issuance of a grading or building permit, the applicant shall secure an
appraisal of the condition and replacement value of all trees included in the tree report
affected by the development that are required to remain within the development The
Upraisal 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" under the auspices 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. 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 will then be responsible for the loss of any tree not previously
approved for removal. For trees that are not Protected trees, which were removed the
developer shall pay a fine in the amount equal to the appraised value of the subject tree
For Protected trees, which were removed, the developer shall pay a fine 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
15
and survival of all trees within the development for a period of one year following
acceptance of the public improvements of the development.
C. Prior to issuance of any demolition, grading or building permit, the applicant or
contractor shall submit to the building department a written statement verifying that the
required tree protection fence is installed around street trees and protected trees in
accordance with the Tree Preservation Plan.
D. 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 for each tree required to be
preserved, or twenty -five thousand dollars, whichever is less. The cash, bond or other
security shall be retained for a period of one year following acceptance of the public
improvements for the development and shall be forfeited in an amount equal to five
thousand dollars per tree as a civil penalty in the event that a tree or trees required to be
preserved are removed, destroyed or severely damaged.
E. 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.
F. 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.
Sec. 29.10.1005 Protection of trees during construction.
A. Protective tree fencing shall hall specify the following:
• Size and type: A five or six 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 2 -feet at no more than 10 -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.
• Area to be fenced. Type I: Enclosure of the entire canopy dripline area or 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 from the ground to the first branch with 2 -inch
wooden boards bound securely on the outside. Caution shall be used to avoid
damaging any bark or branches.
• Duration of Type I, II. III fencing. Fencing shall be erected before
demolition, grading or construction begins and remain in place until final
landscaping is required. Contractor shall obtain the proiect arborist of record
ap rp oval prior to removing a tree protection fence.
• Warning Sign. Each tree fence shall have prominently displayed an 8.5 x 1I-
inch sign stating: "Warning -Tree Protection Zone —this fence shall not be
removed and is subject to penalty according to Town Code 29.10.1005'.
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) if specified in an approved arborist report of any
tree which could be affected by the construction and prohibit any storage of
17
construction materials or other materials or vehicles inside the fence. The
drinline shall not be altered in any way so as to increase the encroachment of
the construction.
2. Prohibit 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 or in drainage channels, swales or areas that may
lead to the dripline.
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 the certified or consulting arborist for periodic
monitoring of the proiect site and the health of those trees to be preserved.
The certified or consulting arborist shall be present whenever activities occur
which pose a potential threat to the health of the trees to be preserved.
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
administered.
Sec. 29.10.1010 Pruning and maintenance.
All pruning of Protected trees shall be performed by a contractor licensed with the Town familiar
with Intemational Society of Arboriculture pruning (ISA), guidelines and shall comply with the
standards established by the Tree Best Management Practices current edition and any special
conditions as determined by the Director. For developments, which require a tree report, a
certified or consulting arborist shall be in reasonable charge of all activities involving Protected
trees, including pruning, cabling and fertilizing if specified.
19
A. 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, sewer trench, etc.)
B. 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
is prohibited.
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 (Trees and Shrubs) 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
Title 29, Title 2 or Hillside Development Standards and Guidelines, the more protective
requirements shall prevail.
Sec. 29.10.1020 Responsibility for enforcement.
All officers and employees of the Town shall report violations of this Division to the Director of
Community Development, who shall enforce this Division. The Director's issuance of citations
may be delegated to the following: Director of Parks and Public Works, code compliance officer
and Town Arborist.
19
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:
(a) Stop Work - Temporary Moratorium.
(1) If a violation occurs during development, the Town may issue a stop work
order suspending and prohibiting further activity on the property pursuant
to the grading, demolition, and/or building Permits) (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) and either implemented or
guaranteed by the posting of adequate security. The mitigation plan shall
include measures for protection of any remaining trees on the property,
and shall provide for replacement of each tree removed on the property or
at locations approved by the Director of Community Development or by
the Director of Parks and Public Works, if replacement is to occur on
public property. The replacement ratio shall be in accordance with the
standards set forth in Section 29.10.0985, and shall be at a greater ratio
than that required where tree removal is permitted pursuant to the
provisions of this Division. Replacement trees shall be in the same
location as the removed tree or as determined by the Director.
(2) If a violation occurs in the absence of development, or while an
application for a building permit or discretionary development approval
for the lot upon which the tree is located is pending the Director may
issue a temporary moratorium on development of the subject property, not
to exceed eighteen months from the date the violation occurred The
puMose of the moratorium is to provide the Town an opportunity to study
and determine appropriate mitigation measures for the tree removal and to
20
ensure measures are incorporated into any future development approvals
for the property. Mitigation measures as determined by the Director shall
be imposed as a condition of any subsequent permits for development on
the subiect property.
(3) 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.
(b) Civil Penalties.
Notwithstanding Section 29.20.950 relating to criminal penalty, any person found to have
violated Section 29.10.0065 shall be liable to pay the Town a civil penalty as prescribed in
subsections (1) through (4).
(1) 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.
(2) 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 per tree
unlawfully removed, or the replacement value of each such tree,
whichever amount is higher. Such amount shall be payable to the Town
and deposited into the street tree deposit account. 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.
(3) If the court or Director directs a replacement tree or trees to be planted as
part of remedy to the violation, the trees shall be permanently maintained
21
in a good and healthy condition. The property owner shall execute a two-_
year written maintenance agreement with the Town.
(4) The cost of enforcing this Division, which shall include all costs, staff
time, and attome sy fees.
(c) Injunctive Relief.
A civil action may be commenced to abate, enjoin, or otherwise compel the
cessation of such violation.
d 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.
Sec. 29.10.1030 Fees.
The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall
accompany the removal permit application submitted to the Town for review and evaluation
pursuant to this Division.
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.
22
Sec. 29.10.1045 Appeals.
Any _person seeking the Director's approval to remove a protected tree pursuant to this Ordinance
who is aggrieved by a decision of the Director may appeal such decision in accordance with the
procedures set forth in Section 29.20.255 of Division 29.20 of the Town Code.
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 2, 2003, 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 effect 30 days after it
is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\ORDSW -03 -01 -Tree Ordinancempd
23
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To: Planning Commission, Meeting of April 9, 2003
From: Dave Weissman
20i3
Re: Proposed Tree Protection Ordinance, Draft 02.03
: s ah;ra
c,;. , OF .:."
iii „+:id %i,l!C - ^•r.p "'f CvIT
I believe this proposed revision will go a long way toward clearing up some
deficiencies and omissions as presently exit in the Town's codes. This proposal also
closes some loopholes. Nevertheless, I would like to see this proposal returned to either
General Plan Committee or a Study Session for other revisions that are not easily
accomplished in this format. I also believe we can make this document more user friendly
and a showcase for Los Gatos.
Specifically, I believe we should consider the following:
► Renaming this ordinance the "Tree protection and Conservation Ordinance"
► Combining those sections of Chapter 29 that deal with tree protection with those
sections of Chapter 12 that deal with grading and apply to removal of ground vegetative
cover. Neither area should stand alone and enforcement should be by the same personnel.
► Ensure that the penalties are consistent with the violation and act as a future deterrent.
Since the Town will probably not revise this ordinance for another 20 years, we
should take our time and do the best job possible. Below, I give some specific examples
of areas that would benefit by such revisions.
EXHIBIT E
1P!`.
DEFICIENCIES and OMISSIONS:
1. Under this revision, all trees are treated equally regardless of whether they occur in the hillsides or town,
and whether they are native or introduced. No allowance is given as to why tree removal is desired
(some "good" reasons might include installation of solar systems, thinning of too dense a stand, fire
protection, etc). From a biological point of view, we should be encouraging the removal of non - native
trees from hillside lots, especially if they will be replaced with native, locally occuring species.
2. Only trees are addressed here. In fact, trees are just one component of the biological habitat. The other
native, mature plant communities like chaparral, scrub, and oak woodlands with their associated plants
are not mentioned at all. These intact plant communities are probably more important to animal life than
isolated trees and all habitats can be addressed under a Conservation umbrella.
3. Under present Town code, `grading' is defined to include "...removal, plowing under or burial of
vegetative ground cover." Violations of this section (Section 12.10.020) are under the aegis of the
Engineering Department, whereas violations of Section 29 (including tree protection) are covered by the
Parks Department. Yet, who knows more about flora and fauna? Parks or Engineering? Obviously Park
personnel do, and codes addressing ground cover removal should also be under their supervision.
Creating a Conservation ordinance will get (pardon the pun) 2 birds with one stone.
4. On page 17, "all pruning of protected trees shall be performed by a" licensed person. I think this is too
restrictive. If someone wants to remove a few dead or dying branches, or to limb up a tree as a fire
protection measure, they should not be required to hire someone.
LOOPHOLES:
1. Present code (12.20.015 blb) requires a grading permit for removal of more than 1000 ft sq of ground
cover. No time frame is designated. Can I remove 999 ft sq on Monday, 999 ft sq on Tuesday, etc., all
without permits?
2. Present code (12.20.015(b)4) does not require permits for ground cover removal (i.e. grading) of an area
exceeding 1000 ft sq if property owner says they are putting in a vineyard or similar agricultural
operation. Such exclusions should be limited to lots already designated agricultural zoning. Otherwise,
say 9 acres of ground cover is removed, what happens if the owner "changes" their mind and doesn't
plant that vineyard? Nothing happens now, but the 9 acres of vegetation have been legally removed.
ENFORCEMENT and PENALTIES:
1. On page 18,(a) (1) of draft, replacement ratio for mitigation of illegally removed protected trees, is to be
determined by Director. From the definition of Director on page 3, Director could be any one of several
people. This enforcement is too haphazard. There should be a flow diagram in place so that the same
infraction at any time while this ordinance is in effect, has exactly the same consequences, regardless of
who the Director is and who violates the code.
2. A mechanism must be in place to insure that penalties are enforced. I know of 2 properties that were
cited for illegal tree removal in January, 1999, and in October, 2000, respectively. To date, neither tree
replacement remediation nor the optional penalty fines, have been paid by either property. There is no one
designated to be the enforcer. Any wonder that violations continue to occur?
Date: Aoril 9, 2003
For Agenda Of: April 9, 2003
Agenda Item: 3
DESK ITEM
REPORT TO: The Planning Commission
FROM: Director of Community Development
SUBJECT: Zonine Code Amendment A -03 -1
Consider amending the Town Code to update the Tree Protection
Ordinance. It has been determined that this project could not have a
significant impact on the environment, therefore, the project is not subject
to the California Environmental Quality Act (Section 15061 (b)(3)).
APPLICANT: Town of Los Gatos
EXHIBITS: A. -E. Previously submitted
F. Revised Draft Tree Ordinance (21 pages)
A. REMARKS:
Exhibit F is a revised draft ordinance that was prepared following review by the Town Attorney. No
substantive changes have been made. Language has been modified to clarify and simplify various
wording throughout the ordinance. The format of the draft ordinance has been changed to remove
the strikeout and underlined text, consistent with the Town's standard ordinance formatting.
Bud N. Lortz, Director of- Community Development
Prepared by: Suzanne Davis, Associate Planner
BNL:SD
cc: Dave Dockter, APC, 255 Calle Marguerita, Los Gatos, CA 95032
N:\DEVISUZA NMPC D sk 1t=,1Tree0rdinMe.wpd
Attachment 6
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE OF THE TOWN CODE TO REVISE THE
TREE PROTECTION ORDINANCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Chapter 29, Division 2 (sections 29.10.0950 through 29.10.0985) is
deleted in its entirety.
SECTION 11
Town Code Chapter 29, Division 2 is replaced as follows:
Sec. 29.10.0950. Intent.
This division is adopted because the Town of Los Gatos is forested by Oak, Bay,
Eucalyptus, Sycamore, Redwood, Pine and other trees, and contains individual trees of great
beauty. The health and welfare of the citizens of the Town require that these trees be saved in
order to preserve the scenic beauty of the Town, prevent erosion of topsoil, provide protection
against flood hazards and risk of landslides, counteract pollutants in the air, maintain climatic
balance and decrease 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 significant trees within the Town
in order to retain as many trees as possible consistent with the purpose of this section and the
reasonable use of private property. It is the intent of this Division to preserve as many Protected
Trees, as defined herein, as possible throughout the Town through staff review and the
development review process. This section does not supersede the provisions of Division 26 of
this Code.
(Ord. No. 1316, § 3.20.010, 6 -7 -76; Ord. No. 1617, 5- 21 -84)
1
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, except where the context clearly indicates a different
meaning:
Building envelope means the area of a parcel that (1) upon which, under applicable zoning
regulations, a structure may be built outside of required setbacks without a variance or; (2) 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.
Dangerous means a tree, which is an imminent hazard or threat to the safety of persons or
property.
Development means any work upon any property in the Town which requires a subdivision,
planned community zone, variance, use permit, building permit, demolition permit, grading
permit or other Town approval or which involves excavation, landscaping or construction within
the dripline area of a Protected Tree.
Diameter means measurement of diameter (circumference) for the purpose of applying this
section shall be made three feet (36- inches) above natural grade. Measurement of multi - trunked
trees shall be determined by the sum of all trunks measured above the trunk union.
Director means the Director of Community Development, Director of Parks and Public Works or
their designated representatives.
N
Pruning means the selective removal of plant parts to meet specific goals and objectives, such as
to control growth and enhance performance or function by developing and preserving tree
structure and health in accordance with the current version of the International Society of
Arboriculture, Best Management Practices.
Public nuisance, as described in Section 26.10.055, means any trees, shrubs, plants or parts
thereof growing in, or overhanging, a public street or right -of -way, or upon private property,
interfering with the use of any public street or public place in the Town, or trees which, in the
opinion of the Director, endanger 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.
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 removal of more than one -fourth of the functioning leaf and stem area of a
tree in any twelve -month period, topping or removal of foliage so as to cause the unbalancing or
unnatural shape of a tree.
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over
fifteen (15) feet high at maturity.
Significant impact 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, as well as the size of the tree relative to the property, shall be considered.
Normal maintenance, including but not limited to, pruning, and leaf removal and minor damage
to paving shall not be considered when making a determination of significant impact.
Street tree means those trees in a public place, or along or within a public street or right -of -way.
Topping means heading back of the crown and/or creating large stubs without regard to form.
.97
Tree Protection Zone (TPZ) means the area of 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 where no soil disturbance is permitted unless approved and supervised by
the certified or consulting arborist.
Tree canopy standard means a replacement tree formula to mitigate removal of a Protected Tree.
The standard is based on measuring the average canopy of a tree for the purpose of determining
the mitigating size and number of replacement trees.
Tree value standard means the trunk formula method of appraising a tree's value to a property
using the most recent edition of the Guide for Plant Appraisal published by the Council of Tree
and Landscape Appraisers (CTLA).
(Ord. No. 1316, §§ 3.20.015 -- 3.20.035, 6 -7 -76; Ord. No. 1375,11-21-77; Ord. No. 1617,5-21-84)
Sec. 29.10.0960. Scope.
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 twelve -
inches or greater diameter or more of the sum diameter (thirty -seven and one half -
inch circumference) of all trunks, where such trees are located on developed
residential property. A Protected Tree may also mean a stand of trees the nature of
which makes each dependent upon the other for survival.
(2) All trees which have a four -inch or greater diameter (twelve -and one half -inch
circumference) of any trunk, when removal relates to any pending application for
which zoning approval or subdivision approval is required.
(3) Any tree that existed at the time of a zoning approval or subdivision approval and was
a specific subject of such approval or otherwise covered by subsection (2) of this
section.
(4) Any tree that was required to be planted by the terms and conditions of a
M
development application, building permit or subdivision approval in all zoning
districts, tree removal permit or code enforcement action.
(5) All trees which have a four -inch or greater diameter (twelve and one half inch
circumference) of any trunk and are located on a vacant lot or undeveloped property.
For purposes of this article, a vacant lot is any lot featuring existing development that
is no longer occupied or otherwise used in accordance with existing zoning, and an
undeveloped lot is any lot that is significantly under developed or utilized against
current zoning. Parcels that feature roads, walls, landscaping or other such
improvements are considered undeveloped.
(6) All trees, which have a four -inch or greater diameter (twelve and one half -inch
circumference) of any trunk and are located on developed commercial, office, or
industrial property.
(7) All publicly owned trees growing on Town lands, public places or in the right -of-
way.
(8) A Protected Tree may also be a stand of trees, the nature of which makes each
dependent upon the other for the survival of the area's natural beauty.
Measurement of trunk diameter (circumference) for the purpose of applying this section shall be
made three (3) feet above natural grade. Measurement of multi - trunked trees shall be determined
by the sum of all trunks measured above the trunk union.
(Ord. No. 1316, § 3.20.045, 6 -7 -76; Ord. No. 1617, 5- 21 -84; Ord. No. 1941, § I, 5 -3 -93)
Sec. 29.10.0965. Prohibitions.
Except as provided in Section 29.10.0970, it shall be unlawful for anyone:
(1) To remove or cause to be removed any Protected Tree in the Town without
obtaining a permit to do so.
(2) For any person or business entity engaged in the business of removing trees or
tree care to remove a Protected Tree without a permit under this division. This
permit shall be on -site at all times during the removal of a tree and must be made
5
available upon request from the Chief of Police, Code Compliance Officer,
Director of Parks and Public Works Department or their designee.
(Ord. No. 1316, § 3.20.050, 6 -7 -76; Ord. No. 1363, 8 -1 -77; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0970. Exceptions.
The following tree removals and conditions are excepted from the provisions of this
division and may be removed without Town approval or issuance of a Tree Removal Permit:
(1) A fruit or nut tree when part of an orchard, and the tree is less than 18- inches in
diameter (fifty- seven - inches circumference).
(2) Emergencies. If the condition of a tree presents an immediate hazard to life or
property, it may be removed without a permit on order of the Town Manager, the
Town Engineer, the Planning Director, the Public Works Director or a member of the
County Sheriff or Fire Department.
Sec. 29.10.0975. Emergency action.
In the event of an emergency, if a tree is in a imminently hazardous condition or
dangerous to life or property, the tree may be removed or severely pruned without first obtaining
a Protected Tree removal permit in order to mitigate and abate the condition, on order of, or as
discussed in this section, with the permission of the Director of Parks and Public Works
Department. A person may remove or severely prune a Protected Tree without a permit if there
is an emergency caused by a Protected Tree being in a hazardous or dangerous condition
requiring immediate corrective action. In such event, the Director shall be notified at the earliest
opportunity in order to confirm the emergency situation. No later than two days from the date
the tree was removed or severely pruned, the property owner shall apply for a Tree Removal
Permit, and submit to the Director the documentation required in section 29.10.0985. If the
Director determines that the condition was not an emergency requiring immediate action, the
person responsible for removing or damaging the Protected Tree shall be subject to fines and
penalties set forth in section 29.10.1025.
(Ord. No. 1316, § 3.20.055, 6 -7 -76; Ord. No. 1617, 5- 21 -84)
3
Sec. 29.10.0980. Applications for a tree removal permit.
Applications for a Protected Tree Removal Permit for trees on private property shall be
available from and filed with the Community Development Department. Application submittals
for the removal of trees on public property (street trees) are provided for in 26.10.060 of the
Town Code. Applications for tree removal may be granted, . denied or granted with conditions.
Applications for removal of trees on private property shall at a minimum include the following
information for staff review:
1. A completed Tree Removal Application Form, signed by the property owner or
agent.
2. A written explanation of why each tree(s) should be removed and how it meets
the Town's standard for allowable removal.
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 on company letterhead 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 tree); condition of health; condition of structure; and if
hazard tree findings apply, an ISA Hazard Rating Form. Other information,
images, etc. may be included in the report.
5. Permit fee, as established by Town resolution.
(Ord. No. 1316, § 3.20.060, 6 -7 -76; Ord. No. 1375, 11- 21 -77; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0985. Determination and conditions of permit.
The Director of Community Development, shall determine whether to grant the 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 may impose as a condition on which a Protected Tree
7
removal permit is granted that two or more replacement trees of a species and a size designated
by the Director of Parks and Public Works Department, be planted in the following order of
preference:
(1) on the subject private property;
(2) if a tree cannot be reasonably planted on the subject property, the value of the
removed tree(s) shall be paid to the Town Forestry Fund to add or replace trees on
public property in the vicinity of the subject property, or to add trees or other
landscaping on other Town property.
The Tree Canopy -- Replacement Standard- -Table 3 -1 shall be used as a basis for this
requirement. If replacement trees are required the person requesting the permit shall pay the cost
of purchasing and planting the replacement trees.
Tree Canopy - Replacement Standard
COLUMN 1
COLUMN 2
COLUMN 3
Canopy of the
Removed Tree'
Replacement Trees
Alternative Tree
(Maximum distance
across the canopy)
4' -9'
Two 24" Box Size
One 36" Box Size
(Minimum)
10' -27'
Three 24" Box Size
Two 36" Box Size
28' -40'
Four 24" Box Size
Two 48" Box Size
40' -56'
Six 24" Box Size
Two 36" Box Size
Two 48" Box Size
56' -60'
Two 24' Box &
below
Two 36' Box+
Two 48' Box Size
60' +
below
below
q
Table 3 -1, is a matrix formula used to determine how many trees will
be required for planting to approximate the lost canopy of the
removed tree over the course of ten years with moderate care.
'To measure an asymmetrical canopy of a tree, the widest
measurement shall be used to determine canopy size.
2Often, it is not possible to replace a single large, older tree with an
equivalent tree(s). In this case, the replacement requirement shall be
determined using a combination of both the Tree canopy and Tree
value standards, as determined by the Director.
(Ord. No. 1316, § 3.20.065, 6 -7 -76; Ord. No. 1617, 5- 21 -84)
Sec. 29.10.0990. Standards of Review.
Each application for a tree removal permit required by this division shall be reviewed and
determined in consideration of the following criteria:
(1) The condition of the tree or trees with respect to disease, imminent danger of falling
or structural failure, proximity to existing or proposed buildings, structural damage to
a building or public nuisance caused by a tree. The danger of falling or failure shall
be rated using the ISA Tree Hazard Rating Form or an approved equivalent.
(2) Whether the condition of the tree giving rise to the permit application can reasonably
be remedied through preservation and/or preventative measures, which can be
implemented to reduce the problems resulting from the condition to a less than
significant level.
(3) The number of trees existing in the neighborhood or improved subject property and
the effect the removal would have on the established standard of the area and the
property values.
(4) The number of trees the particular parcel can adequately support according to good
urban forestry practices, or whether a Protected Tree is a detriment to or crowding
another Protected Tree.
(5) In connection with a proposed lot line adjustment or subdivision of land into two or
A
more parcels, no Protected Tree shall be removed unless removal is unavoidable due
to restricted access to the property or deemed necessary to repair a geologic hazard
(landslide, repairs, etc.) The tree removed shall be replaced in accordance with the
standards in Section 29.10.0985 of this code. Tree preservation and protection
measures for any lot that is created by a proposed subdivision of land shall comply
with the regulations of this Code.
(6) Whether or not retention of the Protected Tree would result in reduction of the
otherwise - permissible building envelope by more than twenty -five percent. In such a
case, the approval for removal shall be conditioned upon replacement in accordance
with the standards in Section 29.10.0985 of this code.
(7) The Hillside Development Standards and Guidelines, as may be amended.
Other considerations include:
(8) The topography of the land and the effect of the removal of the tree on erosion, soil
retention and diversion or increased flow of surface waters.
(9) Whether the Protected Tree has a significant impact on the property.
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building or
demolition permit where no discretionary development approval is required, shall be
accompanied by a statement of 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, dripline area, and location. This requirement shall be met by
including the information on plans submitted in connection with the application.
(b) In addition, the location of all other trees on the site and in the adjacent public right -
of -way which are within thirty -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.
IM
(c) 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.
(d) 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 or any grading or paving.
(e) Knowingly or negligently providing false or misleading information in response to
this disclosure requirement shall constitute a violation of this Division.
Sec. 29.10.1000. New property development.
A. Any development application proposing the removal of one or more Protected Trees shall
include the following information:
1. A tree survey plan, including all trees that will be affected by the new development,
and shall include all trees described in section. 29.10.0995. The survey, noting all
trees four inches (4- inches) in diameter and greater, shall specify the precise location
of trunk and dripline, size, health and species of all existing trees on the property with
a special notation of those classified as a Protected Tree;
2. The tree survey plan and report shall be forwarded to the Director who shall, after
making a field visit to the property, indicate in writing or by approved plans, which
trees are recommended for preservation using the minimum standards set forth in
section 29.10.0990. This report shall be made part of the staff report to the Town
reviewing body upon its consideration of the application for new property
development. The tree survey shall include a numbered metal tag on each tree on site
that matches the tree survey list;
3. Tree Preservation Plan. For any Protected Tree that will be subject to development
within the tree dripline, the applicant shall provide a report prepared by a certified or
consulting arborist. The report, based on the findings of the tree survey plan and
11
other necessary information, shall be used to determine the health of existing trees,
the effects of the proposed development upon the trees, recommendations for any
special precautions necessary for their preservation and shall also indicate which trees
are proposed for removal. The Tree Preservation Plan shall stipulate a required Tree
Protection Zone (TPZ) for all 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 Sec. 29.10.1005;
4. The final approved Tree Preservation Plan shall be printed on the building permit set
of development plans on a sheet titled: Tree Preservation Instructions;
5. The Town reviewing body through its site and design plan review shall endeavor to
preserve all trees recommended for preservation by the Director. The Town
reviewing body may determine that any of the trees recommended for preservation
should be removed, if there is evidence submitted 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;
6. Approval of final site or landscape plans by the appropriate Town reviewing body
indicating which trees are to be removed does 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 for each tree to be removed to satisfy the purpose of
this Division; and
7. Prior to issuance of a grading or building permit, the applicant shall secure an
appraisal of the condition and replacement value of all trees included in the tree report
affected by the development that are required to remain within the development. 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" under the auspices of the International Society of
12
Arboriculture. The appraisal shall be performed at the applicant's expense, and the
appraisal shall be subject to the Director's approval.
B. 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 health of the trees in relation to the initially
reported condition of the trees and shall note any changes in the numbers or physical
condition of the trees. The applicant will then be responsible for the loss of any tree not
previously approved for removal. For trees that are not Protected Trees, which were
removed, the developer shall pay a fine in the amount equal to the appraised value of the
subject tree. For Protected Trees, which were removed, the developer /applicant shall pay
a fine 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
one year following acceptance of the public improvements of the development. A tree
maintenance agreement may be required at the Director's discretion.
C. Prior to issuance of any demolition, grading or building permit, the applicant or
contractor shall submit to the building department a written statement verifying that the
required tree protection fence is installed around street trees and Protected Trees in
accordance with the Tree Preservation Plan.
D. 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 for each tree required to be
preserved, or twenty -five thousand dollars, whichever is less. The cash, bond or other
security shall be retained for a period of one year following acceptance of the public
improvements for the development and shall be forfeited in an amount equal to five
13
thousand dollars per tree as a civil penalty in the event that a tree or trees required to be
preserved are removed, destroyed or severely damaged.
E. 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.
F. It shall be a violation of this Division for any property owner or agent of the owner ,
including the development applicant, to fail to comply with any development approval
condition concerning preservation, protection, and maintenance of any Protected Tree.
Sec. 29.10.1005 Protection of trees during construction.
A. Protective tree fencing shall specify the following:
• Size and type: A five or six 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 2 -feet at no more than 10 -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.
• Area to be fenced. Type I: Enclosure of the entire canopy dripline area or
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 from the ground to the
first branch with 2 -inch wooden boards bound securely on the outside.
Caution shall be used to avoid damaging any bark or branches.
14
• Duration of Type I, II, III fencing. Fencing shall be erected before
demolition, grading or construction begins and remain in place until final
landscaping is required. Contractor shall obtain the project arborist of record
approval prior to removing a tree protection fence.
• Warning Sign. Each tree fence shall have prominently displayed an 8.5 x 11-
inch sign stating: "Warning -Tree Protection Zone —this fence shall not be
removed and is subject to penalty according to Town Code 29.10.1005'.
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) if specified in an approved arborist report, of any
tree which could be affected by the construction and prohibit any storage of
construction materials or other materials or vehicles inside the fence. The
dripline shall not be altered in any way so as to increase the encroachment of
the construction.
2. Prohibit 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 or in drainage channels, swales or areas that may
lead to the dripline.
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 the certified or consulting arborist for periodic
monitoring of the project site and the health of those trees to be preserved.
15
The certified or consulting arborist shall be present whenever activities occur
which pose a potential threat to the health of the trees to be preserved.
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.
Sec. 29.10.1010 Pruning and maintenance.
All pruning of Protected Trees shall be performed by a contractor licensed with the Town and
familiar with International Society of Arboriculture pruning (ISA) guidelines, and shall comply
with the standards established by the Tree Best Management Practices current edition and any
special conditions as determined by the Director. For developments, which require a tree report,
a certified or consulting arborist shall to the extent reasonable be involved in all activities that
might have a detrimental impact on Protected Trees, including pruning, cabling and fertilizing if
specified by the arborist.
A. 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, sewer trench, etc.)
B. 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 is prohibited.
Sec. 29.10.1015 No limitation of authority
Nothing in this Division limits or modifies the existing authority of the Town under Chapter 29
(Zoning Regulations), or Chapter 26 (Trees and Shrubs) of the Town Code or the Hillside
Development Standards and Guidelines to require trees and other plants to be identified,
10
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, Chapter 26 or Hillside Development Standards and Guidelines,
the more protective requirements shall prevail.
Sec. 29.10.1020 Responsibility for enforcement.
All officers and employees of the Town shall report violations of this Division to the Director of
Community Development, who shall enforce this Division. Issuance of citations is hereby
delegated to the following: Director of Parks and Public Works, Code Compliance Officer, Town
Arborist and Town Peace Officers.
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:
(a) Tree removals in anticipation of development.
If a violation occurs prior to proposed development, discretionary applications
and/or building permit applications will not be accepted or processed by the Town
until the violation has been remedied. Mitigation measures as determined by the
Director may be imposed as a condition of any subsequent application or permit
for development on the subject property.
(b) Pending development applications.
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
17
denial at the Director's discretion. Mitigation measures as determined by the
Director may be imposed as a condition of approval .
(c) Projects under construction.
(1) 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.
(2) 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.
(d) Mitigation Plans.
A mitigation plan shall include measures for protection of any remaining trees on
the property, and shall provide for replacement of each tree removed on the property or at
locations approved by the Director of Community Development, or by the Director of
Parks and Public Works, if replacement is to occur on public property. The replacement
ratio shall be in accordance with the standards set forth in Section 29.10.0985, and shall
be at a greater ratio than that required where tree removal is permitted pursuant to the
provisions of this Division. Replacement trees shall be in the same location as the
removed tree or as determined by the appropriate Director.
m
(e) Civil Penalties.
Notwithstanding Section 29.20.950 relating to criminal penalty, any person found
to have violated Section 29.10.0065 shall be liable to pay the Town a civil penalty as
prescribed in subsections (1) through (4).
(1) As part of a civil action brought by the Town, a court may assess against
any person who domrnits, 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.
(2) 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 per tree
unlawfully removed, or the replacement value of each such tree,
whichever amount is higher. Such amount shall be payable to the Town
and deposited into the street tree deposit account. 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.
(3) If the court or Director directs a replacement tree or trees to be planted as
part of remedy to the violation, the trees shall be permanently maintained
in a good and healthy condition. The property owner shall execute a two -
year written maintenance agreement with the Town.
(4) The cost of enforcing this Division, which shall include all costs, staff
time, and attorneys' fees.
(f) Injunctive Relief.
A civil action may be commenced to abate, enjoin, or otherwise compel the
cessation of such violation.
19
(g) 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.
Sec. 29.10.1030 Fees.
The fee, as adopted by Town Resolution, prescribed therefore in the municipal fee schedule shall
accompany the removal permit application submitted to the Town for review and evaluation
pursuant to this Division.
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.
Sec. 29.10.1045 Appeals.
Any person seeking the Director's approval to remove a Protected Tree pursuant to this
Ordinance who is aggrieved by a decision of the Director may appeal such decision in
accordance with the procedures set forth in section 29.20.255 of the Town Code.
20
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 2, 2003, 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 effect 30 days after it
is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N1DEV\ORMA -03 -01 -Tree Ordinance -Mwpd
21
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NATURE'S SPACE INVADERS
Invasive plants and animals run amok in new lands, resulting
in a homogenized natural world. has a prescription.
Travelers today frequently experience
biological deja vu. We encounter
American beavers in Tierra del Fuego,
African antelopes in New Mexico, and
brown trout, black rats, eucalyptus and
starlings almost everywhere. Although
humans have a long history of rear-
ranging the Earth's plant and animal
life, global trade and travel are vastly
accelerating this biological roulette.
Every nation has benefited from
the dispersal of apples, wheat, cattle,
geraniums and the like. But much of
our rearranging has been clumsy at best,
bringing weeds, pests and pathogens that
plague our health, homes and enterprises
and aggressively invade natural areas.
Ecologists now rank invaders second
only to habitat loss as threats to biodi-
versity. Among imperiled species in the
United cares 49 percent are t reatene
by invasive alien species. That figure
includes two- thirds of endangered birds
and more than half of fish and plants.
Every time a cosmopolitan invader
replaces or marginalizes a uniquely local
species, the diversity of life on Earth is
diminished. Beyond this homogenization,
invasions threaten the web of interac-
tions that sustain plant and animal com-
munities and the integrity of ecological
processes vital to the fertility, productivi-
n and health of our lands and waters.
Invasions cannot be dismissed as
just an acceleration of natural migration
and change. Human activities are intro-
ducing new species it rhou,,mdc of
times the natural pace. Ne%Nromers
include not just neighbors who might
have arrived amwac but also plants
and animals delivered across otherwise
insurmountable oceanic barriers. No
natural force would have allowed an
Asian tiger mosquito to meet up with
an African encephalitis (West Nile)
virus in the tunnels of New York.
Awareness of the threat is growing,
but action lags far behind what is
required to reduce the ecological and
economic fallout. Sparking a sense of
urgency is particularly difficult because
invasions can be literally invisible
to those of us who cannot tell one
plant or insect from another. For even
headline grabber such as zebra mussels,
myriad other creatures slip in unherald-
ed. Invasions are fundamentally driven
by economic activity and by our choices
as consumers, travelers, gardeners,
per owners and so on. Yet we are seldom
aware of the ravages caused by fruit
flies that hatch from imported melons or
vines that spring up in the woods from
seeds blown from our gardens.
Another obstacle to action is that
battling weeds is decidedly unglam-
orous. Worse, the solutions are chronic,
costly and often involve unpleasant
choices such as spraying chemicals
or removing harmful animals. Yet we
can no longer simply acquire habitat,
halt the most damaging human
encroachments, and assume that the
land and its life will remain self - willed
into the future.
An ongoing commitment to pest
and weed control is required if we are
to preserve native biodiversinv and
the wild places and systems where it
can thrive. Individual action is vital.
We can "buy local" more often and
support efforts to sanitize global trade.
Gardeners can urge nurseries to provide
alternatives to invasive plants, and
anglers and hunters can urge fish and
game agencies not to stock exotics.
The invasion threat can also serve as
a challenge to take up the mantle of
the amateur naturalist and cultivate the
pride and enjoyment of place too often
sacrificed in a mobile, global society.
When it comes to the diversity of
life, we can have it all, but we cannot
have all of it everywhere.
88 Attachment 8
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O P E N F O R U M I The Right Shade of Green u
I AlC3
We're being invaded by alien species
Gummed up: Fucalypfus trees dominate the canopy on Mount Davidson — to the detriment of
By Kurt True
me, l suppose, to my top-
illation as an outspoken
advocate for the eradia-
tion of invasive plants, the exotic
annuals growing in my backyard
never fail to scandalize new visi.
fors to my ]ionic.
"Are Those tomatoes ?" They
ask, "I thought you haled foreign
plants. Aren't tomatoes from
Italy ?"
South America, actually. And,
no 1 don't hale foreign plants,
nor do my friends and fcllov
travelers in the native plant and
conservalion movements. In re-
cent years, this unfortunate mis-
undeestanding, and a host of ofln-
ers, have characterized the de-
bate over Conservation efforts in
the Bay Area's wild lands and
open spaces.
For the most part, the world's
ecosystems suffer no ill effects
from human - engineered bofani-
al migrations such as the ones
than brought lelips from Asia Mi-
nor to Holland or tomatoes from
Peru to the Mediterranean to my
backyard.
Some plants, though, once in-
traduced to a new environment
and liberated from the predators
and other natural forces with
which they evolved, achieve an
explosive levet of population
growth. They become natural-
ized in their adopted lands, dis-
placing indigenous plants and
animals and overtaking natural
areas in a process latown to sci-
ence m "alien species invasion"
'Phis process, once begun, can
only be reversed through the sys-
Iemalic eradication of the alien
species:md careful restoration of
file invaded area
This set of scientific princi-
ples, not a generalized antipathy
toward foreign flora, forms the
rationale behind habitat nestora-
lion projects large and small,
everything from the hnatem
Colony in my backyard, to the
neighborhood frog pond, regu-
larly needed by volunteers, to a
wildflower refuge proposed for
the Presidia that, according to a
US. Fish and Wildlife Service
Draft Recovery Plan, would en-
compass "tens of acres."
Which brings its back to the
issue of "unfortunate misunder-
standings." Some kwal groups
oppose this wildflower refuge
and other such projects on the
grounds that they involve the re-
moval of some popular and
beautiful imasive plants, most
notably Australian and'I'asarl
fan eucalyptus. To charges that
eucalyptus disrupts native habi-
tat, these groups respond that
many native plains and animals
seem no thrive in eucalyptus
groves. According to the W eb si le
of the San Francisco Tree Coun-
cil blvwrv.sftreecomrcil.org), an
outspoken defender of the euca-
lyptus, 26 species of California
natives "cocxis[ under the euca-
lyptus canopy of Mount Sutra
Forest."
Unfortunately for eucalyptus
fanciers, such appeals don't stand
up to scientific scrutiny. Our re-
gional biota consists of far more
than 26 species. 11 consists of
thousands of species and sub -
species,very few ofwhich an ro
exist with eucalyptus.
Frogs an't live in ponds pol-
luted with oily eucalyptus leaves.
Native plants such as laalera,
monkeyflower and naked buck-
wheat can't grow in the dense
shade and acidic litter [hat euca-
lyptus crates. Salmon can't
spawn in waterways sucked dry
by eumlyptus roots. Our short-
billed insectivorous birds cant
cope with eucalyptus nectar and
frequently suffocate or starve
when their bills become clogged
with it. Many rare endemic
species, including Bowers such
as the lessingia and the San Fran
Cisco collinsia as well as fauna
like the Mission blue and gay
checkerspot butterflies along
with the whipmake, will soon
disappear forever, crowded out
of their habitats and into exline-
lion, if we don't banish our un-
fortunate misunderstandings
and work to restore to our land -
sape the indigenous plant com-
munities that invasive species
so, anorrnm.l'1'Le(:IrmniN"
native
have displaced.
Fortunately for our larlea-
guered native species, Bay Area
residenls have plenty of opport u-
nities both to banish misunder-
standing and restore the envi-
ronment. We an:
support organizations
such as the California Exotic
Pest Plant Council
(unvw.Ca1EPPC.org) and file
California Native Plant Society
(wum•xinns.org) that provide
information to the public on
native plants and the forces that
threaten them;
W donate labor to agencies
such as the Presidia Native Plant
Nursery (415 - 561-0830), file
Marin Conservation Corps
(nmmemarinccorg; (415) 258-
2699, na. 87) and flit Fast Bay's
Friends of the Five Creeks
bvwv.f5ereek�naofeom; (510)
848- 9358), all of which rely on
volunteers to remove weeds and
restore native vegetation; and
1. purchase native plants at lo-
cal nurseries and plant sales amt
give them a home in our own
backyards, right [here nest to file
tomatoes.
Kurt True, a resident of R1
Cerrito who has planted
natives in his Imnregarden for
eight )wars, has been knouvr to
weed the Oldone Greemvay
along fire 13AR'I'line on a
vigilante basis.
J
r..
Invasive plants,
animals and other
�
organisms are
wreaking havoc in
the United States,
,u
and UC Ida'
researchers dr
on the hunt ford.
ways to allev�at�
the da
rider a cold, bright November sky, a
couple dozen students and
researchers trek through Putah
Creek Riparian Reserve on the edge of the
UC Davis campus. They're here to investi-
gate the aliens among us— invasive plants.
animals and pests that constitute one of
today's biggest ecological challenges.
Peter Movie, a fish ecologist at UC Davis and
expert on native and non - native species in Cali-
fornia, peers through a pair of binoculars at a
Putah Creek that is now receiving increased
water flows, which benefit native species.
"We're surrounded by invasive species,"
Moyle says. "We're trying to understand
them better, find out how to cope with future
invasions and manage the ecosystems where
trouble currently exists."
Today, alien invasions are rr��,
second only to habitat loss as
a cause of species endanger- 9i9Yaa33
merit and extinction. Over the trying
past few hundred years, as them
immigrants from Europe and
Asia arrived in North Ameri -�,�
ca, thousands of non - native future
plant and animal species have 91mrm
become entrenched on the te�lli
continent. Its estimated that
invasive species cost the Unit- C
ed States more than $138 bil-
lion a year. That's a mind -
boggling number, but one commonly agreed
upon by the government and academic
researchers.
arf ?guarding • *fersirf
Beyond economics, safeguarding the
earth's diversitv is the reason behind the con-
cern about invasive species. Native species
are often driven to extinction by competition
from aggressive invaders. Invasive species
can cause harm to the economy, environ-
ment or even humans. as the outbreak of
West Nile Virus has demonstrated.
Ecologists generally define an alien species
as one that people inadvertently or deliber-
ately carry to a new location. In the New
Teasel is an agressive, invasive weed that has
spread rapidiv in the past 30 Years, especially
along highways where dispersal is aided by
mowing egnipnrent.
World, exotic species are those introduced
after the first European contact. They re
called "invasive species' when ibex, cause
trouble in their new environments.
Worst case scenarios? Ask Britain and
Europe about their devastating encounter
with foot - and -mouth disease, a highly conta-
gions virus that wiped out a large percentage
of the cattle, sheep and pigs in that region.
Another example is the Mediterranean fruit
fly or "Medfly" Only through vigilant eradi-
cation programs has the United States been
able to prevent the establishment of this
highly destructive agricultural pest.
The glassy- winged sharpshooter is an
intruder that poses a serious threat m Cali-
fornia's agricultural system, especially its
T3 surmunded l9y
ve 3roecies. We're
to understand
better, Find out
➢nvc3i,=3 and
Se A4 e sys-
— Peter Moyle
grape and wine- making industries. The
sharpshooter can transmit the deadly Pierces
disease to grapevines, and other diseases to
almond trees, alfalfa, citrus and oleanders —
endangering more than 100 species of
plants.
Then there's Sudden Oak Death. UC Davis
plant pathologist David Rizzo has identified
how Phytophthora, a fungus -like organism.
has killed thousands of coastal oak trees and
threatens the state's treasured redwoods.
Slicer peskiness is also a problem. Ho%%
about the 'plant that ate California,' the
them%' yellow stardhistle, which has spread
extensively throughout 10 –I5 million acres
in California and throughout the Pacific
Northwest. The prickly plant is believed to
have come to the West Coast from Eurasia as
a contaminant in alfalfa seed.
California also faces invasions by red lite
ants. "killer algae" or Caulerpa taxifolia,
cheatgrass, rice blast, Africanized honey bees,
Asian clams, Northern pike, the Chinese mit-
ten crab —and these are only a few. Across the
United States, the zebra mussel, Dutch elm
disease, leafy spurge, kudzu, the citrus canker,
feral pigs, the brown tree snake, purple
loosestrife, the tomato bushy stunt virus and
the gypsy moth are on the march.
oaa dreams
Back at Putah Creek, it's apparent that
environmental changes can favor one species
or another. Building a dam or diverting
water flow for land -use purposes has conse-
quences for plants and animals.
Moyle points out that decreased water flows
along Putah Creek —once an
ad" ,. active salmon stream —have
made it hospitable for non-
native species and less so for
salmon. Some of these non-
native species, for example,
feed on the young salmon. In
recent years, the university,
the city of Davis, and the
Putah Creek Council have
worked cooperatively with
the Solano Water Agency to
manage flows in the creek to
benefit native fishes and dis-
courage aliens.
"Increased water flows benefit native
species such as salmon because they seek
waters that run deeper, faster and cooler;'
Movie says. "Relatively small but strategic
increases in flow have turned what was once
a stream dominated by alien fishes to one
dominated by natives."
Moyle says the science on invasive species
is in its "infancy" and is "enormously com-
plex.'" Compounding the problem is the role
of humanity in this interactive drama.
'We're the ultimate invasive species,' he
Says. Along with ourselves we've brought
many favored species into new environ-
ments. Its a form of cultural imperialism
that has scientific ramifications."
Many times species were introduced with
goocl intentions, only to have disastrous out-
conics; for example, the Nile Perch resulted
in the extinction of more than 200 other fish
UC DAVIS MAGAZINE / Spring 2003 23
species in East Africa. Today, some question
the wisdom of selling Caulcrpa raxifolia for
aquariums (it's a popular seaweed) or garden
seeds or owning pets that are non- native.
Crossing borders
David Robertson, an English professor, is
leading this trip along with Moylc. Robertson
is a faculty member in the Nature and Cul-
ture program, an interdisciplinary set of stud-
ies allowing students to explore the complex
relationships between human cultures and
the natural world through a heavy dose of the
basic sciences wed to literature courses.
As he tells it, Robertson is seeking a
.,secret at the heart of the universe." It's a
search that blends nature and literature. In
his 1997 book Real Matter, Robertson
retraced the steps of such writers as Fitz
Hugh Ludlow, Clarence King, Gary Snyder,
Jack Kerouac and John Muir who found sol-
ace in the mountains and the natural world.
'Our environment cannot be understood
without looking at all the ways that human
beings have tried to make sense out of the
world: literary, religious, social, economic,
scientific, political," Robertson says.
He notes that the humanities and social
sciences need to join with the sciences to
increase our understanding of complex
issues such as bioregions and invasive
species. "When things are done in isolation
and they don't work, then we often need to
broaden our scope and try, something else,"
he says. "Creative ways to explain this prob-
lem exist beyond spreadsheets and data —we
have stories to tell to people."
Robertson motions to some familiar -
looking eucalyptus trees on the banks of the
nearby Putah Creek. The tree seems as com-
mon in California as coastal oaks and red-
A The McLaughlin Reserve, the largest of 34
such reserves in the UC system, has been the site
of 47 research projects and 19 field courses.
B Kara Moore (pictured) and fellow doctoral
student Sarah Elmendorf are studying how
mustard plants establish themselves among
non-native grasses.
C The thorny yellow starihistle, believed to
have come to the West Coast from Eurasia, has
been called "the plant that ate California."
D Tamarisk, or saltcedar bush (red stalks), is
being removed from parts of the reserve.
24 UC DAVIS MAGAZINE / Spring 2003
woods. But in this Ellis Island of the plant and
animal world, common doesn't equate to native.
"Many Californians are surprised to find
out that eucalyptus trees are non - native
species from Australia," Robertson says. "We
almost accept alien species as native because
they've been here so long and are part of the
landscape many of us grew up with."
The IGERT
Robertson and a dozen or so other faculty
members are infusing this "holistic"
approach into the campus's new Biological
Invasions IGERT or "Integrative Graduate
Education and Research Traineeship." Made
possible by a National Science
Foundation grant, this inter-
disciplinary program is train-
ing students in the ethical,
political, legal, economic and
scientific issues connected to
biological invasion.
Kevin Rice, an ecology pro-
fessor and co -chair of the
IGERT, talks about "bringing
together" those interested in
invasive species through this
two -year program that involves
courses, retreats and confer -
ences. fellowship, internships,
workshops and mentors.
"We're training students from
all backgrounds," he says— backgrounds that
include the life sciences, social sciences, engi-
neering, physical sciences and the humanities.
Caz Taylor, a doctoral student in ecology
and a participant in the Biological Invasions
IGERT, walks along a weed - strewn path on
the creek's sloping edge. "Some of the ques-
tions we're asking are why invasions happen
where they do and why some species are
more prolific and others weaker," she says.
"We have to engage the public and explain
why it's important to care about native
species. I'm not sure if we've reached that
critical mass yet where it becomes a societal
priority— though it needs to be."
Investigating invasives
While the Biological Invasions IGERT is
new, it has a solid foundation to built) upon.
UC Davis is among the worlds leading tnvi-
ronmental research institutions with a host
of resources in the environmental and bio-
logical sciences.
The Putah Creek Riparian Reserve was set
aside by the university in 1983 with the aim
of preserving native plants and animals
while providing research opportunities. The
reserve is a melting pot of both native and
non - native species. Side -by -side can be
found large valley oaks (native), Fremont
cottonwoods (native) and an American
hackberry tree (non - native). The plants at
ground level are mostly non - native grasses
and thistles, introduced from Europe, which
have almost replaced California's native
Along the bank are dark green tamarisk or
sahcedar bushes, a species from Asia that
now dominates streams and riparian habitats
in the western United States. As Moyle
explains, it's one of the hardiest plants
around and fills in the banks of water sys-
tems quickly.
Toward the South Fork of Putah Creek,
Moyle and Robertson lead their group to
" Restoria," which is the product of a restora-
tion effort led by Dan Leroy, M.S. '01, when
he was a graduate student. Though it recent-
ly suffered a fire, the site includes native
trees and shrubs planted by volunteers and
students. Before this project, Restoria was
just a litter - filled area
"Our snvironment
marred by off -road vehicles
cannot be under-
and dominated by non-
stood without
native species.
Restoration of such a site,
looking at oil the
Robertson says, requires
ways that human
much dedication and work
beings have tried t0
in watering and weeding.
"It's about making a vision
make sense out of
of native species come true."
the world: literary,
religious, social,
McLaughlin Reserve
economic, scientific,
A similar vision is at work
a hundred miles north at the
Political.'
Donald and Sylvia McLaugh-
- David Robertson
lin Reserve. The reserve,
which at 6,800 acres is the
bunch grasses and other plants.
The landscape also contains a few large
dead oaks full of holes drilled by woodpeck-
ers (native). Such holes are important nest-
ing places for a number of native bird
species. But it's likely these holes are used by
European starlings, an alien species. Also
common are holes in the ground made by
ground squirrels, a native species that has
thrived in the presence of humans despite
being considered an agricultural pest. Per-
haps their abundant numbers are due to the
fact that their chief predators— hawks, owls
anti grey foxes —are declining in numbers.
Down in Putah Creek. the water is green
and murky —but swimming with life. The
small guppy fish in the shallowest waters are
- nntsquiln fish." a non- native species intro-
duccd in I, alllonlin to help with mosquito
anunrl .
largest of 34 such reserves in the UC system,
is located on land belonging to the Home -
stake Mining Co. and is managed by the
university From 1985 to 2002, Homestake
operated a gold mine at the site and subse-
quently reached an agreement with UC to
develop an innovative environmental
program on the land. In 1998, UC built a
modest field station and has since used the
reserve for 47 research projects and 19 field
courses — including now the Biological
Invasions IGERT. A few weeks after the
Putah Creek trip, UC Davis researchers and
students headed to the reserve.
Susan Harrison is an environmental pro-
fessor and campus director of the Natural
Reserve System. Once or twice a week dur-
ing spring, she makes the long, winding
drive from Davis around Lake Berryessa to
the reserve.
UC DAVIS MAGAZINE /Spring 2003 25
"The reserve offers students in this pro-
gram a unique opportunity to actually man-
age native and exotic species and thus to
examine the real -world applications of their
academic knowledge," she says. "The IGERT
students are designing an invasive species
management plan that will be implemented
by the reserve's managers, Paul Aigner and
Cathy Koehler."
Kara Moore and Sarah Elmendorf, doctoral
students in ecology, are conducting an exper-
iment to understand the establishment and
spread of invasives. On a large hill created by
the rocks pulled from the mine and now cov-
ered by non- native grasses, Moore and
species team. In one project, Randall and his
colleagues are helping eradicate a trouble-
some insect from the Mianus River Gorge
Preserve in the state of New York. The wool-
ly adelgids from Japan have no natural pred-
ators in the United States —and they kill
hemlocks, which play a critical role in the
ecology of many northern forests.
In June 2000, Randall and his crew
reviewed the situation and recommended the
introduction of Japanese ladybird beetles —a
natural predator of adelgids —into the
Mianus River Gorge.
"This was the first time we did an inten-
tional release of this insect on this target,
Elmendorf have planted 100 small
patches with mustard seeds to see
-
"The revarm 1�rg
how much the plant spreads and
students in ?'ni3
how much its invasion success
j
depends on "initial conditions," as
program a unique
Harrison says. That means deter-
i opportunity ?o
-
mining how many mustard seeds
I actually manage
arrive at a site and how disturbed
native and exotic
the site was when those seeds
species and thus 10
arrived. One year from now, they will
introduce another batch of seeds.
exornine the real-
t
"We'd like to know if the game is
world applications
,
over once the invasive species
I
of their academic
arrives," says Elmendorf. "In other
words, how much does repeated
_
`
knowledge."
invasion matter?"
Susan Harri &Dn
Harrison notes all the subjects
that could be studied at IvIcLaughlin, includ-
ing restoration ecology, fire ecology, conser-
vation biology, water and watersheds,
recreational impacts, tectonic geology and
volcanology, mining effects, limnology (the
study of lakes), landslides, hydrology and
the humanities- science interface.
"All around us are potential topics or
courses in art, writing and interdisciplinary
studies of the environment," she says.
Harrison would like to get support for a visi-
tor center with artistic and historical exhibits,
public events and docent -led tours, work-
shops and seminars on land- management
issues, and K -12 activities for students in
neighboring Napa and Lake county schools,
including day trips and in- residence classes.
Another scientist on the McLaughlin trip is
John Randall, a plant ecologist and the direc-
tor of the Nature Conservancy's invasive
26 uC DAVIS MAGAZINE / Spring 2003
says Randall. "We didn't want the Mianus
sites to become guinea pig sites. but in this
case we realized the hemlock woolly adelgid
is a horrible problem."
Randall does worry a little, noting that
"We didn't want the cure to be worse than
the disease."
It will take some time before the outcome
is known, but it appears the beetles have sur-
vived the winters and have been seen eating
the adelgids. In a monitoring session held in
June 2002, preserve staff found beetles in the
hemlock underbrush, though they also
found that the year had been an especially
good one for the adelgids.
Research on invasive species occurs
throughout campus by faculty from the Divi-
sion of Biological Sciences. College of Agri-
cultural and Environmental Sciences, School
of Veterinary Medicine, College of Letters
and Science and even the School of Law.
Holly Doremus is a professor specializing
in environmental law. Originally a research
scientist before her law career, Doremus has
explored how legislators can use scientific
information to bolster laws like the Endan-
gered Species Act. The legal implications of
truing to control invasive species raise
intriguing issues.
"How do we decide if it's worth the effort ?"
she says. "And who sets the standards on
controlling invasive species? Clearly, this
issue can overlap international, national and
state areas of concern.
Doremus points out that the
international shipping and
import business is a major factor
behind the introduction of
unwanted invasive species.
When the U.S. government set
up a regulatory program to con-
trol the zebra mussel that was so
destructive in the Great Lakes
region, the goal was to control
how these aquatic creatures are
carried in ships ballasts. In the
case of zebra mussels, no obvi-
ous solution exists, apart from
Iusing other species to feed on it
and one day perhaps finding a
chemical control that's safe for other aquatic
life.
A% hat are the enforcement mechanisms,
and what do we know about these species?
This mixes both law and science," she says.
What kind of world do we want and what
kind of species do we want to include?
"One could argue that we want native
species :round us; another might say we
need species that serve humanity in some
may." Doremus says. "What is special about
native species?"
Defining which species belong in an
ecosystem is sometimes based less on sci-
ence than on historical, cultural, moral, geo-
graphic or theological arguments. Some
scientists question the scientific wisdom of
vying to roll back exotic species. They even
Contend that alien species often fit into their
environments.
Michael Rosenzweig, a professor of evolu-
tionan. biology at the University of Arizona,
says that the distinctions between exotics and
native species are artificial. It's a case of
someone picking a date and calling the plants
and animals that show up after that exotic.
"You can't roll back the clock and remove
all exotics or fix habitats," Rosenzweig told
the New York Times. "Both native and exotic
species can become invasive, and so they all
have to be monitored and controlled when
they get out of hand."
Of the country's 7,000 alien species —out
of a total of 150,000 species —only about 10
The nativss Ciro rsstiess
percent are invasive. The other 90 percent
have fit into their environments and are con-
sidered "naturalized." Still, some ecologists
would say appearances are deceptive and
many of these aliens may be considered
acceptable only because no one has docu-
mented their harmful effects.
Fish ecologist Moyle agrees that society
cannot get rid of all invasive species. Rather.
its a matter of degrees, and that means using
science and policy to prevent or diminish
future invasions and managing the environ-
ment to favor natives over non - natives.
He points to the Chinook salmon as one
In the past couple of decades, the issue of invasive species has
emerged as a serious one. UC Davis is home to a wide range of
faculty and student research projects involving native and non-
native species.
KILLER ALGAE —Susan Williams, professor of environmental sci-
ence and director of the Bodega Marine Laboratory, is an expert on
marine (saltwater) invasive species and policy. She has been
involved in preventing the spread of Coulerpo taxifolia, the "killer
algae" known for its rapid spread and destruction of native plants
and animals.
GRASSLANDS— Jonathan Gelbard, fellow in the Biological
Invasions IGERT, has studied California grasslands on normal soils,
finding that roadless habitats provide a refuge for native plant
diversity against invasion by plant species.
FIRE —Susan Harrison, professor of environ-
mental science and policy, has conducted
research on the fire ecology of serpentine and
non - serpentine grasslands and chaparral in the
McLaughlin Reserve.
WEEDS —Kevin Rice, professor of ecology,
has studied the evolutionary changes in the
spread of certain weeds such as barbed goat -
grass in the McLaughlin Reserve.
POLICY —James Quinn, professor of environ-
Kevin Rice mental science and policy, organized a 2001
conference at UC Davis to call for a stepped -up international effort
to combat invasive plants and animals. The Davis Declaration calls
for international treaty organizations and science agencies of devel-
oped nations to invest in developing nations to prevent the export of
invasive species.
example. "There used to be a time in Califor-
nia when people living in the Sierra Nevada
could literally hear thousands of salmon tails
smacking the water at night. Thais how
plentiful they were. Now, salmon numbers
are a fraction of what they were.
-If we lose the salmon," Moyle adds. "'we
lose part of ourselves."
Clifton B. Parker is associate edirw of
Dateline UC Davis, the campus's faculty
and staff newspaper.
RIVER REGIONS —UC Davis scientists
have teamed up with The Nature Conser-
vancy, which operates the Cosumnes
River Preserve, to stop woody invaders,
remove European beachgrass from
coastal dune communities, remove
saltcedor in the Coachella Valley, identify
a European weed in California's south
Coast Range and prevent the spread of
Coulerpa taxifolia, the "killer algae."
MEADOWLANDS— Joseph DiToma-
so, Cooperative Extension specialist in
vegetable crops, is developing a strategy for controlling medusa -
head and other undesirable annual grasses and restoring native
plants that can resist grassland invaders.
ESTUARIES —Ted Grosholz, Cooperative Extension specialist, has
studied the invasive green crab and its impacts on mollusk aqua -
culture and native communities.
ESTUARIES —Alan Hastings, Don Strong and Susan Ustin
are professors studying the effects of Atlantic cordgrass or Spartina
on the sensitive marine estuaries of the West Coast.
RATS— Desley Whisson, Cooperative Extension specialist in
wildlife, is working with The
Nature Conservancy to find
ways to reduce a roof rat
infestation in a natural for-
est; the rats prey on the eggs
of native songbirds.
Restoria
UC DAVIS MAGAZINE / Spring 2003 27
June 4, 2003 ' ?'eceiv
To: Mayor Decker and Members of the Town Council JUN p
From: Lee Quintana, Planning Commissioner 7'OW 52QO3
F
The following are my comments on the proposed Tree Ordina�9RT4fE4T
It is apparent that a lot of work has been put into this ordinance
since it was heard before the Planning Commission. This has
resulted in an improved document. However I do have some remaining
thought that are summarized below which are discussed in more
detain under General Comments below. Specific Comments, below,
includes some specific recommends for text changes.
o Consider whether the town should maintain a differ size for
the threshold for protected trees on developed residential
lands vs other land use categories and undeveloped or vacant
residential land.
o Consider whether species characteristics should be considered
to establish the size of a protected Tree
o Consider an ordinance that establishes a Tree Manual or other
document as its stated implementation mechanism.
o Consider reorganizing the Standards for Review.
GENERAL COMMENTS
o Consider a separate Ordinance that establishes the authority
of a separate implementing document or manual: There may be
several advantages of this approach.
- It enables the ordinance itself to be concise, leaving
the details to the manual.
- Information necessary to consider in the preparation of
a development application or tree removal permit is
provided in a separate document that is more accessible
to the public.
- The format, and organization of the manual can be more
user friendly, and the language less formal since it is
not constrained by the existing format of the zoning
code.
Note: the Palo Alto tree ordinance and tree manual are an
example of this approach.
Sec.29.10.0960. Scope of Protected Trees
o Urban Forest: All trees are a part of the urban forest that
contributes to the character of Los Gatos. However, the
Attachment 9
ordinance appears to give less protection to trees on
developed residential land than other trees (see p.6
29.10.960). (Also see comments for p.6 below.)
Consider: Consider decreasing the 1112" threshold for a
protected trees on developed residential lots.
o Species differences: Different species have different growth
rates and characteristics. For example a 10" diameter blue
oak may be many times older than a 10" redwood, have different
maximum heights or canopy spread at maturity.
Suggest: Consider the species characteristics in determining
the size of a protected tree.
o Sec.29.10.0990: Standards for Review.
This section has been greatly improved since the Planning
Commission hearing. However, I believe there is still room for
improvement. From my view as a Planning Commissioner this is
one of the most important sections of the ordinance. The
standards should be clear, straightforward and well organized.
One should be able to reach the conclusion that the standards
have been met. Please see the attached suggested revision,
which are one possible approach.
SPECIFIC COMMENTS
p.6. Scope of Protected Trees (29.10.096)
Comment: This section is difficult to follow.
Suggestion: Simplify this section. For example, break into
a few major categories. For example, by type of ownership
(public or private) , by land use categories or by type of
development application. A table or matrix might also help.
Section 29.10.0990. Standards of Review (29.10.0990)
See General Comments above and Attachment 1
Section 29.10.1000. New Property development:
C.3.a)
Comment: Clarify baseline for tree conditions.
st: Add the following after the first sentence: The
D. & F.
Comment: The last sentence on page 15 ties the retention of
the cash, bond or security, to acceptance of public
improvements. However, not all development applications
involve public improvements. This may also apply to the first
sentence of D. above.
Suggest: Modify language so that it applies to all
development.
Section 29.10.0970. Exceptions and Section 29.10.0975. and
Emergency Actions
Comment: Exceptions: Only Section 29.10.070(2) appears to be
an exception. Section 29.10.0975(2) requires that a tree
removed in an emergency apply for a permit after the fact.
Suggest: If "emergency" has a different meaning in these
sections or apply under different circumstances please clarify
this. If there is no difference suggest the following:
1. Delete 29.10.070(2) or revise it to read as follows: "If
the condition......... it may be removed (without) prior to
obtaining a permit on order of......
2. Modify the fist sentence of 29.19.0975 to read: A person
may remove or severely prune a Protected Tree (without) prior
to apolving for a tree removal permit if.....
Attachment 1
Sec.29.10.0990. Standards for Review.
Each application for a tree removal permit required by this
division shall be reviewed using the following standards:
(1) A Protected Tree(s) shall not be removed unless:
(a) The tree is dead
(b) The tree is in imminent danger of falling due to disease
or structural defect that cannot be mitigated to a
reasonable level
(c) A building has suffered structural damage due to its
proximity to a Protected tree that cannot be corrected
and avoided in the future by the application of
preservation, preventative measure or routine maintenance
(d) The tree has a significant impact on the
property (as defined in Sec.29.10.0955) that
cannot be corrected or prevented by the
application of preservation, preventative or
routine maintenance measures.
(2) A Protected(s) Tree shall not be removed unless:
(a) Good urban forestry practice cannot support the number of
trees that existing trees on the parcel
(b) The tree(s) is a determent to or is crowding an adjacent
protected tree(s)
(c) The removal of the tree(s) will not result in a density
of trees or tree cover that is inconsistent with the
neighborhood
(3) The retention of a Protected Tree would not result in
reduction of the otherwise permissible building envelope by
more than twenty -five percent and the size of the lot does not
allow an alternative location of the structure within the
building envelope. In such a case, the removal shall be
conditioned upon replacement in accordance with the standards
in Section 29.10.085
(4) The removal of a tree shall not result in a substantial
adverse change in the site's aesthetic and /or biological
value. Nor shall it result in a change in topography that
will result in the diversion or increased flow of surface
water, or result in increased erosion.
(5) The removal of a Protected Tree located in a hillside area
shall be consistent with the Hillside Development Standards
and Guidelines.
(6) In connection with a proposed subdivision of land into two or
more parcels, no Protected Tree shall be removed unless
removal is unavoidable due to restricted access to the
property or deemed necessary to repair a geologic hazard. The
tree removed shall be replaced in accordance with the
standards in Section 29.10.0985. Tree preservation and
protection measures for any lot that is created by a proposed
subdivision of land shall comply with the regulations of this
chapter
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Town Council Minutes
Redevelopment Agency
PUBLIC HEARINGS CONTINUED
June 16, 2003
Los Gatos, California
TREE PROTECTION ORDINANCE /PUBLIC HEARING (26.33)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider
amending the Town Code to update the Tree Protection Ordinance. It has been determined that this
project could not have a significant impact on the environment; therefore, the project is not subject to
the California Environmental Quality Act (Section 15061 (b)(3)). Zoning Code Amendment A -03 -1.
Applicant: Town of Los Gatos.
Bud Lortz, Community Development Director, spoke of the history of the current ordinance and the
amendments being proposed. The Planning Commission sent their recommendations to Council
conceming species, conservation and slow growing trees. Tree removal in Los Gatos is a serious
procedure and is looked at on a case -by -case bsis. Grading issues are addressed in the Grading
Ordinance which is about to be reviewed by the Department of Parks and Public Works, and which
would include consideration of trees and erosion control. The community is still interested in protecting
its urban forest.
The following people from the audience spoke to this issue:
David Weissman said the draft is excellent but it could be even better. He noted that Planning
Commission had sent the ordinance to Council with the belief that it would be referred back to the
General Plan Committee to be reworked to address conservation and grading issues. He asked that the
ordinance protect both the environment and wild life, and that Council take a little longer to address the
Planning Commission's concerns right now, and allow the changes to come back in two to three
months. He suggested that homeowners be encouraged to remove non native species from hillside lots,
and that the harmful and non harmful vegetation be identified. He explained that local animal life
cannot eat and use eucalyptus trees, and that acacia trees are also non native and destructive. He spoke
of preserving poison oak as useful native habitat vegetation for local animal life.
Chuck Novillo asked how this ordinance will apply to his property which is in Los Gatos and Monte
Serene.
Sol Carson, artist, asked that the word "monster" be eliminated in any form of report or discussion as
our trees are valuable. He noted that there were many varieties of normally large trees that exist within
our urban forest and more appropriate language and definition should be used to identify them.
There was no one else from the audience to address this item.
Mayor Decker closed the public hearing
Mr. Pirzynski made the Finding that the Zoning Ordinance Amendment A -03 -01 is consistent with the
General Plan and the Hillside Specific Plan.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, to waive the reading of the Proposed Ordinance.
Carried unanimously.
NAClk\MariaWs Files \Draft Minutes \MM061603 6
Town Council Minutes
Redevelopment Agency
PUBLIC HEARINGS CONTINUED
June 16, 2003
Los Gatos, California
TREE PROTECTION ORDINANCE /CONT. (26.35)
Council Comments: Abetter understanding of the biological and environmental impacts o f non - native
vegetation in our hillsides will be studied by staff for consideration for later amendments to this
ordinance; Penalty for the same person committing the same offence will be assessed further; Definition
of significant impacts will be considered for future amendments.
Council Consensus:
After discussion the following amendments were made to the Proposed Ordinance:
Page 1 of 13: Dangerous
The words "as determined by a certified arborist or the deciding body." will be added to the end
of the sentence.
Page 2 of 13: Diameter
The word "(circumference)" will be deleted.
Page 4 of 13: Exceptions #2
The words "when part of an orchard" will be deleted.
Page 6 of 13: Standards of Review #1
The words "based on a report from a certified arborist." will be added after the words "....proximity
to existing or proposed structures."
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council introduce the Proposed Ordinance
to effectuate the Zoning Code Amendment, entitled ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE, CHAPTER 29,
DIVISION 2, SECTION 29.10.0985 THROUGH 29.10.0985, TO REVISE THE TREE
PROTECTION ORDINANCE, with the amendments noted above. Carried unanimously.
SECOND DWELLING UNIT ORDINANCE /PUBLIC HEARING (27.32)
Mayor Decker stated that this was the time and place duly noted for public hearing to consider
amending the Town Code to update the Second Dwelling Unit Ordinance. It has been determined that
this project could not have a significant impact on the environment, therefore, the project is not subject
to the California Environmental Quality Act (Section 15061 (b)(3)). Zoning Code Amendment A -03 -2.
Applicant: Town of Los Gatos.
The following people from the audience addressed this issue:
Jeff Dennison, Government Relations Manager of the Tri- County Apartment Association, spoke about
the goal of the new state legislation being affordable housing production to meet the needs of the
consumer. He also spoke to the possibility that rent control language may have been used in the
proposed ordinance, and that "the Town is opening itself up to significant, costly and long litigation
should it adopt a Second Unit Ordinance in the form under discussion.
Natalie Cardenas, Government Affairs Director for Silicon Valley Association of Realtors, spoke to
the wording of the ordinance insisting that the rental units be below market value, and she suggested
that these units not be so restrictive. She asked that more square footage be allowed. Local control is
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