Staff ReportSpW N OF
MEETING DATE: 05/19/15
ITEM NO:
COUNCIL AGENDA REPORT
DATE: MAY 12, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MANAG r !`
SUBJECT: TOWN CODE AMENDMENT A -14 -002. STREET TREES AND TREE
PROTECTION. APPLICANT: TOWN OF LOS GATOS
INTRODUCE ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 26
(TREES AND SHRUBS) AND CHAPTER 29 (ZONING REGULATIONS —
TREE PROTECTION) OF THE TOWN CODE.
RECOMMENDATION:
After opening and closing the public hearing, and asking the Clerk Administrator to read the title
of the proposed ordinance, it is recommended that the Town Council:
1. Move to introduce the Ordinance of the Town of Los Gatos effecting the amendments of
Town Code Amendment A -14 -002 (Attachment 7) and make the required findings that the
amendments are consistent with the General Plan and its Elements and that the amendments
are exempt from the California Environmental Quality Act [Section 15061 (b)(3)]; and
2. Move to waive the reading of the Ordinance.
EXECUTIVE SUMMARY:
The Planning Commission is recommending approval of amendments to the Town Code
(Chapters 26 - Trees and Shrubs and Chapter 29 - Tree Protection) which would: provide more
rigorous tree protection standards for hillside properties; include new public noticing
requirements for pruning and removal of heritage trees and large protected trees; add required
findings for removal permit issuance; and make other editing and clarifying changes to the Code.
The proposed amendments would also meet a 2014/2016 Town Council Strategic Goal to
establish a Heritage Tree definition and update the 25% pruning regulations in the Town's Tree
Protection Ordinance.
PREPARED BY: MATT MORLEY �7�i� —
Parks and Public Works Director
Reviewed by:
Town Manager Lu% Town Attorney
N:ADEVATC REPORTS12015VA- 14- 002.Ch26 & Ch29 -Tree Ord Amends.doe
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: TOWN CODE AMENDMENT A -14 -002. STREET TREES AND TREE PROTECTION.
APPLICANT: TOWN OF LOS GATOS
MAY 12, 2015
BACKGROUND:
The Town's current Tree Protection Ordinance, a component of the Town's Zoning Ordinance,
was adopted by the Council in 2003 and is modeled after the City of Palo Alto's regionally
recognized Tree Preservation and Management Regulations. The 2003 revision implemented a
comprehensive update of the Tree Protection provisions of the Town Code which had last been
amended in 1984.
On February 11, 2015, the Planning Commission held a public hearing to consider adoption of
amendments to Chapter 26 (Trees and Shrubs) and Chapter 29 (Zoning Regulations — Tree
Protection) of the Town Code. At the public hearing, the Commission received a presentation
from staff on the proposed amendments and heard comments from two members of the public.
Following discussion of the proposed amendments, the Commission scheduled a workshop for
March 4, 2015 to allow for a more in -depth discussion of various provisions of the proposed
Code amendments. The Commission also continued the public hearing to the Planning
Commission meeting of March 25, 2015.
At the March 4, 2015 workshop, staff received direction from the Commission to make a number
of modifications to the proposed Code amendments. In addition, the Commission requested that
staff work with David Weissman, a member of the public who had been actively involved in the
2003 Code update, to include provisions in the Code that would more specifically address
hillside issues.
On March 25, 2015, the Planning Commission considered revised amendments to Chapter 26
and 29 incorporating prior Commission comments and input from Dr. Weissman. After full
consideration of the proposed amendments, the Commission is recommending that the Council
approve the proposed amendments to the Town Code (Chapters 26 and 29).
Attachments 8 and 9 detail the proposed changes to the Code. All new text is shown as
underlined and all deletions are shown with strikes ethrotig?. A summary of the major changes
recommended by the Commission is provided in this report. More detailed discussion and
supporting information for the proposed changes to the Code are available in the attached
Planning Commission reports and exhibits (Attachments 1 through 4).
DISCUSSION:
Chapter 26 (Trees and Shrubs)
As part of staff's review of Chapter 29, staff completed a review of Chapter 26 of the Town
Code which regulates the planting, maintenance, and removal of trees within the public right -of-
way to ensure that tree removal practices and requirements for public trees were consistent with
what is required for private property removals.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: TOWN CODE AMENDMENT A -14 -002. STREET TREES AND TREE PROTECTION.
APPLICANT: TOWN OF LOS GATOS
MAY 12, 2015
DISCUSSION (cont'd):
The Planning Commission is recommending the following changes to Chapter 26 - Trees and
Shrubs, as detailed in Attachment 8:
• Retitling Chapter 26 from "Trees and Shrubs" to "Public Trees" to eliminate any
confusion with the private tree protection provisions of Chapter 29.
• Adding Standards of Review and Required Findings similar to what is recommended for
Chapter 29
• Eliminating the detailed Master Street Tree listing in the Code in favor of the existing
provision that authorizes the Town Council to adopt and revise a Master Street Tree List
from time to time by resolution.
• Adding provisions allowing for the removal of any Liquidambar (Sweet Gum) street tree
that currently or will damage sidewalks or other public improvements.
• Adding provisions allowing for removal of street trees interfering with the use and
function of sidewalks, curb and gutter, pavement, or other public improvements; or where
removal is part of an approved capital improvement project or development project.
• Strengthening street tree replanting requirements.
Chapter 29 (Tree Protection)
The Planning Commission is recommending the following changes to Chapter 29 - Tree
Protection, as detailed in Attachment 9:
• Strengthening pruning standards including a limitation on pruning of protected trees to no
more than 25% of the crown within a cumulative three year period.
• Revising the measurement of diameter to the industry standard of 4 %z feet above grade.
• Adding new definitions for the following terms: Heritage Tree, Hillside, Large Protected
Tree, Multi -trunk Tree, Native, Tree Risk Rating, Trunk, and Trunk Flare.
• Adding a definition of Large Protected Trees that would be subject to public noticing for
removal and major pruning permits. All trees greater than 48 inches in diameter would
be classified as Large Protected Trees, as would all oaks, California Buckeyes, and
Pacific Madrones greater than 24 inches in diameter.
• Adding a definition of Heritage Tree for a tree or grouping of trees that have been
specifically designated as a Heritage Tree by action of the Town Council upon the
recommendation of the Historic Preservation Committee. Heritage Trees would be
subject to the same noticing and permitting requirements as Large Protected Trees. The
Heritage Tree designation would only become operative upon the establishment by the
Council of a Heritage Tree designation process and evaluation criteria.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: TOWN CODE AMENDMENT A -14 -002. STREET TREES AND TREE PROTECTION.
APPLICANT: TOWN OF LOS GATOS
MAY 12, 2015
DISCUSSION (cont'd):
• Adding a Special provisions - Hillsides section to the Code linking the Tree Protection
Ordinance more closely to the Town's Hillside Development Standards and Guidelines
(HDS &G).
• Reducing the threshold for protected trees in the Hillsides from the current 12 inches in
diameter threshold to eight inches in diameter for developed Hillside residential property.
• Adding language refining the criteria and procedures for emergency removal of protected
trees.
• Updating the tree canopy replacement standards to include an option for non - Hillside
developed single - family residential properties of less than 10,000 square feet to replant
on -site with 15- gallon trees.
• Clarifying the existing Standards of Review and adding a list of Required Findings upon
which tree removal permit approvals must be based.
• Adding a short list of nuisance trees which can be removed without a Tree Removal
Permit if they are 24 inches in diameter or less.
• Extending from one to five years the length of time that property owners shall be
responsible for the health and survival of trees designated to be retained in a development
following acceptance of public improvements or a certificate of occupancy.
• Extending from two to five years the duration of a maintenance agreement required to be
executed in conjunction with the planting of replacement trees as a remedy for violation
of the Tree Protection Ordinance.
• Limiting to non - Hillside properties the Standard of Review and Required Finding for
granting a removal permit that retention of a protected tree would result in the reduction
of an otherwise permissible building envelope by more than twenty -five percent.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends that the Town Council adopt the attached amendments
to Town Code Chapters 26 and 29. The amendments would also meet a 2014/2016 Town
Council Strategic Goal.
ALTERNATIVES:
1. Reject the Planning Commission recommendation and do not modify the Code
2. Accept the Planning Commission recommendation with modifications
3. Continue this item to a date certain with specific direction to staff
4. Refer the item back to the Planning Commission with specific direction
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: TOWN CODE AMENDMENT A -14 -002. STREET TREES AND TREE PROTECTION.
APPLICANT: TOWN OF LOS GATOS
MAY 12, 2015
ALTERNATIVES (confd):
Staff does not recommend any of the above alternatives because the draft Ordinance
amendments were carefully evaluated and modified based on public involvement. In addition,
the proposed Ordinance amendments would clarify the tree removal process, providing needed
guidance for determinations and appeals.
Additional public comment is contained in Attachment 10 if the Council is interested in further
modifications.
COORDINATION:
This report has been coordinated with the Community Development Department and the Town
Attorney's Office. Additional review was provided by the Town's Consulting Arborist and the
Parks Commission. As directed by the Planning Commission, staff also met with a member of
the public, David Weismann, in developing the final recommendations for the Commission's
review.
FISCAL IMPACT:
There is no anticipated Fiscal Impact from the proposed Town Code amendments
ENVIRONMENTAL ASSESSMENT:
It has been determined that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental Quality
Act [Section 15061 (b)(3)].
Attachments
1. February 11, 2015 Planning Commission Staff Report (includes Exhibits 1 -6)
2. February 11, 2015 Planning Commission Desk Item (includes Exhibit 7)
3. March 4, 2015 Planning Commission Workshop Memo (includes Attachments 1 -4; later
renumbered to Exhibits 8 -11)
4. March 25, 2015 Planning Commission Staff Report (includes Exhibits 12 -14)
5. February 11, 2015 Planning Commission Meeting Verbatim Minutes
6. March 25, 2015 Planning Commission Meeting Verbatim Minutes
7. Ordinance Amending Town Code Chapters 26 and 29 (includes Exhibits A and B)
8. Redline version of proposed Amendments — Chapter 26 Trees and Shrubs
9. Redline version of proposed Amendments — Chapter 29 Tree Protection
10. Public comments received through 11:00 a.m. Thursday, May 14, 2015