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Attachment 1TOWN OF LOS OATOS I PLANNING COMMISSION STAFF REPORT s- - Meeting Date: February 11, 2015 PREPARED BY: Robert Kass, Special Projects Manager bkass @losgatosca.gov APPLICATION NO: Town Code Amendment A -14 -002 LOCATION: Town -wide APPLICANT: Town of Los Gatos CONTACT: Robert Kass, Special Projects Manager ITEM NO: 3 APPLICATION SUMMARY: Public Hearing to consider adoption of amendments to Chapter 26 (Trees and Shrubs) and Chapter 29 (Zoning Regulations — Tree Protection) of the Town Code RECOMMENDATION: Forward a recommendation to the Town Council for approval of the attached Ordinance amendments to Chapter 26 and Chapter 29 of the Town Code. CEQA: It has been determined that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b)(3)]. FINDINGS: ■ Find that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b)(3)] (Exhibit 1). ■ The Planning Commission must make a finding that the Town Code amendments are consistent with the General Plan if the recommendation is for adoption. ACTION: Recommendation to Town Council. EXHIBITS: 1. Required Findings 2. Proposed Amendments — Chapter 26 Trees and Shrubs 3. Proposed Amendments — Chapter 29 Tree Protection 4. Excerpt from October 6, 2014 Parks Commission minutes 5. Background information regarding recent tree removal appeals 6. Resolution 2009 -082 Approving the Revised Master Tree List ATTACHMENT I Planning Commission Staff Report - Page 2 Town Code Amendments/A -14 -002 February 6, 2015 BACKGROUND: One of the Town Council's Strategic Goals for 2014 -2016 is to establish a Heritage Tree definition and to update the 25% pruning regulations in the Town's Tree Protection Ordinance (Chapter 29). 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 been last amended in 1984. The current Tree Protection Ordinance regulates the removal of trees within the Town and was drafted with the goal of preserving as many trees as possible within the Town while recognizing the need for reasonable use of private property. Under the Town's current Tree Protection Ordinance, all trees on residential properties with a diameter of 12 inches or greater at a height of three feet above grade require a permit before they can be removed, except for four designated slow - growing species where the permit threshold is eight inches. Vacant land, non - residential parcels, and removals associated with a development proposal have a more rigorous standard (four inches in diameter) for triggering a tree removal permit. Fruit and nut trees are protected if they are greater than 18 inches in diameter three feet above grade. The Tree Protection Ordinance also limits pruning to no more than 25% of the tree's canopy per year. ANALYSIS: Modifications to Chapter 29 (Tree Protection Over the past year, the Planning Commission has considered an unusually high number of tree removal permit appeals (see Exhibit 5). The Commission has in some cases upheld denials, while in other instances, it has granted appeals. In an effort to provide clearer guidance to staff and the Commission regarding the granting of tree removal permits, staff completed a comprehensive review of the existing Tree Protection Ordinance in conjunction with the development of a Heritage Tree definition and strengthened pruning standards. Input was provided by the Town's in -house arborist, the Town's consulting arborist, and staff from Community Development and Parks and Public Works. A broad review of tree ordinances and tree removal permit requirements and procedures in neighboring jurisdictions was also completed. Input was also solicited from the Parks Commission regarding proposed modifications to the existing ordinance (see Exhibit 4). As a result of this review process, staff is recommending a number of changes to the existing Tree Protection Ordinance. Exhibit 3 provides a "redlined" version of the full text of Chapter 29 indicating the proposed revisions. Proposed new text is shown as underlined and deletions are shown with stfikethreugh. An analysis of the proposed revisions is provided below. Planning Commission Staff Report - Page 3 Town Code AmendmenWA- 14-002 February 6, 2015 Pruning Standards Chapter 29 of the Town Code requires that pruning of protected trees conform to ANSI A300 Part 1: Tree, Shrub, and Other Woody Plant Management — Standard Practices (Pruning) and the International Society of Arboriculture (ISA) Best Management Practices for Tree Pruning. These standards and guidelines define priming objectives, methods and practices. Use of these guidelines helps to ensure that pruning is done appropriately and that a tree remains healthy, structurally sound, and aesthetically pleasing. The guidelines set forth the following accepted objectives for pruning: Reduce Risk of Failure Cleaning Provide Clearance Thing Reduce Shade and Wind Resistance Raising Maintain Health Reduction Influence Flower or Fruit Production Structural Priming Improve a View Restoration Improve Aesthetics Pollarding The pruning guidelines and Best Management Practices also generally limit pruning to no more than 25% of a tree's foliage per year. Depending on the tree species, age, pruning objective and method, the amount of pruning allowed may be substantially below the 25% threshold in a single year, or subsequent, years following a major pruning. To strengthen the pruning standards of Chapter 29 and address concerns over aggressive pruning over a multi -year period, staff is recommending the addition of the following language to the Code: "It shall be unlawful to prune, trim, cut off, or perform any work; on a single occasion or cumulatively, over a three-year period, affecting twenty -five percent or more of the crown of any protected tree without first obtaining a permit pursuant to this chapter. " In addition, staff is recommending including the specific pruning objectives listed above within the definition of pruning to clarify that pruning must be done with industry- accepted objectives and methodologies. Definition of Diameter The Tree Protection Ordinance defines diameter as a trunk measurement at three feet above the natural grade. The industry standard for measurement of trunk diameter is four - and -a -half feet (54 inches) above grade, commonly referred to as Diameter at Breast Height or DBH. Staff is Planning Commission Staff Report - Page 4 Town Code Amendments /A -14 -002 February 6, 2015 recommending that the definition of diameter for purposes of applying the provisions of the Tree Protection Ordinance be changed to the industry standard of four- and -a -half feet. Heritage Trees One of the primary objectives for reviewing the Tree Protection Ordinance was to determine if a more restrictive set of standards should be applied to trees that are of significant stature in the community. This category of trees, variously referred to as landmark, specimen, or Heritage Trees are trees that because of their size, age, species or location contribute to the fabric of the community and its identity at a higher level than the overall Town landscape. Although some jurisdictions reserve the term Heritage Tree for a very small number of trees with exceptional historical or biological character specifically designated by a Commission or Council, other jurisdictions use the category Heritage Tree more generally. Staff is recommending the use of the broader definition of Heritage Tree to apply to trees that are of a certain species and/or size, and therefore contribute at a higher level to the Town's identity. The proposed definition of Heritage Tree would apply to any oak, California buckeye, cedar, redwood or Pacific madrone with a 24 -inch or greater diameter, and any other species with a 48- inch or greater diameter. Heritage Tree Removal and Pruning Permit A Heritage Tree removal or pruning permit would be required before removing a Heritage Tree, or before pruning any limb or root in excess of four inches in diameter from a Heritage Tree. This would address concerns regarding the potential removal of major branches from a Heritage Tree that could have a permanent impact on the tree's aesthetic benefit or health. Pruning would also need to conform to the pruning standards contained in the Town Code. Public Noticing Currently, there is no required public noticing associated with private tree removal permit applications. Public noticing of property owners and tenants is only required for appeals. Posting notice on the tree is currently only required for street tree removals. Staff is recommending a public noticing requirement for Heritage Tree removal or pruning permit applications, which would entail mailing a "Notice of Pending Issuance of Heritage Tree Removal or Pruning Permit" to properties abutting and across - the -street from the subject property. This procedure is similar to the Administrative Procedures for Minor Residential Projects set forth in Section 29.20.480 of the Town Code, and provides an opportunity for potentially affected residents to review and comment on Heritage Tree removal and pruning applications. If written opposition to the proposed pruning or removal is received within 10 days of the date of the notice and cannot be resolved amicably between the parties, an objecting party would be provided an opportunity to file a formal appeal, which, would then be scheduled for a public Planning Commission Staff Report - Page 5 Town Code Amendments/A -14 -002 February 6, 2015 hearing before the Planning Commission. Any appeals would follow public noticing requirements as set forth in the Town Code and require payment of appeal fees as established by resolution of the Town Council, Tree Canopy Replacement Standards Table Chapter 29 of the Town Code includes a table that sets forth required tree replacement standards depending on. the size of the tree that is removed. Staff is proposing a revision to this table that would simplify its application while maintaining the intent to mitigate the impact of tree removals on the Town's urban forest. In addition, staff is recommending adding an option for developed single - family residential properties of less than 10,000 square feet that are not subject to the Town's Hillside Area Development Standards and Guidelines to replant on -site with 15- gallon trees. Staff believes this will promote on -site re- forestation. The current tree replacement standards require all removals to be replaced with, at a minimum, 24 -inch box trees which many homeowners are unable to do on their own, resulting in some applicants opting to pay into the Town's Tree Fund in lieu of replanting on site. While not providing the immediate canopy replacement of a larger boxed tree, 15- gallon trees with good care are, within eight to 10 years, often indistinguishable in diameter and canopy spread from the larger boxed trees. The updated tree replacement standards encourage replanting with native species. The updated replacement standards also specifically reference the Hillside Development Standards and Guidelines with respect to selection of replacement species where the Hillside Development Standards and Guidelines are applicable. Standards of Review and Required Findings The existing ordinance lists nine criteria for evaluating tree removal permit applications but provides no clear guidance as to how these criteria are to be applied when reviewing tree removal permit requests. To address this issue, staff has added introductory language to the Standards of Review section clarifying that the Standards of Review are intended to serve as general criteria for evaluating tree removal requests. More importantly, however, is the proposed Code additions now also states that the application of the Standards of Review serves as the basis upon which one or more Required Findings must be made. A newly added list of Required Findings has been added to the Code following the Standards of Review which provides a more specific basis upon which a permit is granted. The proposed Code additions now explicitly states that at least one of these Required Findings must be made before a tree removal or pruning permit can be issued. These new Required Findings are as follows: 1. The tree is dead, severely diseased, decayed or disfigured to such an extent that the tree is unable to recover or return to a healthy and structurally sound condition. Planning Commission Staff Report - Page 6 Town Code Amendments /A- 14-002 February 6, 2015 2. The tree or some of its major component parts present a clear safety hazard that cannot be controlled or remedied through preventative procedures or pruning within ISA guidelines. 3. The tree is crowding other protected trees to the extent that removal or severe pruning is necessary to ensure the long -term viability of adjacent and more significant trees. 4. The retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly situated properties, and the applicant has demonstrated to the satisfaction of the Director or deciding body that there are no reasonable alternatives to preserve the tree. 5. The tree has significantly interfered with utility services where such interference cannot be controlled or remedied through reasonable modification, relocation or repair of the utility service or the pruning of the root or branch structure of the tree. 6. The tree has caused or may imminently cause significant damage to an existing structure that cannot be controlled or remedied through reasonable modification of the root or branch structure of the tree. 7. The retention of the protected tree would result in reduction of the otherwise - permissible building envelope by more than twenty-five (25) percent. 8. The removal of the tree is unavoidable due to restricted access to the property. 9. The removal of the tree is necessary to repair a geologic hazard. Unsuitable or Nuisance Trees Some species of trees are generally recognized to be unfit or incompatible for urban locations due to their invasive nature, susceptibility to disease, impact on the surrounding environment, fire danger, or other undesirable characteristics. The proposed ordinance lists the following unsuitable or nuisance trees as exempt from a tree removal permit if they are 24 inches in diameter or less: • Black Acacia (Acacia melanoxylon) • Tulip Tree (Liriodendron tulipifera) • Tree of Heaven (Ailanthus altissima) • Eucalyptus (Blue Gum and Red Gum varieties only) • Palm (except Phoenix canariensis) • Privet (Ligustrum tucidum) Planning Commission Staff Report - Page 7 Town Code Amendments /A -14 -002 February 6, 2015 Modifications to Chanter 26 (Trees and Shrubs) Chapter 26 of the Town Code regulates the planting, maintenance, and removal of trees within the public right -of -way (hereafter referred to as public trees). As part of staff's review of Chapter 29, staff also completed a review of Chapter 26 to both update this section of the Town Code and to ensure that tree removal practices and requirements for public trees are consistent with what is required for private property removals. The most significant change recommended by staff in Chapter 26 is the addition of both Standards of Review and Required Findings similar to what has been proposed for Chapter 29. The Standards of Review and Required Findings recommended for incorporation in Chapter 26 have been tailored to balance the Town's public right -of -way management responsibility with an appreciation of the impact of street trees on abutting property owners and neighborhoods. Staff is also recommending several other modifications to Chapter 26, as follows: Retitling Chapter 26 from "Trees and Shrubs" to simply "Public Trees" to eliminate any confusion with the private tree protection provisions of Chapter 29. Eliminating the detailed Master Street Tree species listing in Chapter 26 of the Town 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. The Town Council adopted a revised Master Street Tree List in 2009 (Exhibit 6), however the Town Code was never amended to reflect this change. Eliminating the detailed listing in Chapter 26 will prevent future inconsistencies between updates to the Master Street Tree List and the Town Code. Adding a provision allowing the removal of any Liquidambar (Sweet Chun) street tree that creates or will imminently create persistent and uncontrollable damage to sidewalks, curb and gutter, roadways or other improvements. Liquidambar trees have proved to be an unsuitable street tree species and staff is recommending a more liberal policy for removal of this species of street tree. 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. Parks Commission Review On October 6, 2014, staff provided the Parks Commission with a summary of the proposed changes to the Tree Protection Ordinance. The Parks Commission had the following comments: Supported a simplified process for removal of nuisance trees, and requested that staff explore including eucalyptus trees as a nuisance tree. Supported a more restrictive and "intelligent" process for Heritage Tree pruning and removal requests. Planning Commission Staff Report - Page 8 Town Code Amendments /A -14 -002 February 6, 2015 Requested that the Commission have a representative on any committee or board that may be established by the Council to evaluate and make recommendations for individual Heritage Tree designations. Provide links on the Town's website to information on tree care and proper pruning methods. Expressed the importance of educating Town residents on proper tree selection and planting, with particular attention to future impacts on view -sheds and solar installations of neighboring properties. CONSULTING ARBORIST COMMENTS: The proposed changes to the Tree Protection Ordinance were reviewed by Deborah Ellis, the Town's Consulting Arborist. Comments provided by the Consulting Arborist that have been incorporated into the proposed amendment to the Tree Protection Ordinance, include: language clarifying measurement of trunk diameter; a clearer and more detailed definition of topping; addition of appraisal references for calculating tree values; and a few minor modifications to the code section regarding protection of trees during construction. CEOA DETERMINATION: It has been determined that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b) (3)]. PUBLIC COMMENTS: No public comments have been received at the time of this report preparation. Any public comments received prior to the public hearing will be provided to the Planning Commission. CONCLUSION AND RECOMMENDATION: A. Conclusion The attached amendments to Town Code Chapters 26 and 29 are recommended to strengthen the Town's commitment to preservation and enhancement of its urban forest and to clarify and update provisions of the Town Code. The amendments would also meet a 2014/2016 Town Council Strategic Goal. B. Recommendation For the reasons mentioned in this report, staff recommends that the Planning Commission forward the draft Ordinance amendments to the Town Council with a recommendation for adoption. The Commission should also include any comments or recommended changes to the draft Ordinance in taking the following actions: Planning Commission Staff Report - Page 9 Town Code Amendments/A- 14-002 February 6, 2015 adoption. The Commission should also include any comments or recommended changes to the draft Ordinance in taking the following actions: 1. Find that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b)(3)] (Exhibit 1); and 2. Make the required finding that the Ordinance amendments (Exhibit 2 and 3) are consistent with the General Plan (Exhibit 1); and 3. Forward a recommendation to Town Council for adoption of the Ordinance amendments to the Town Code (Exhibit 2 and 3). Alternatively, the Planning Commission may: 1. Forward a recommendation to the Town Council for adoption of the Town Code amendments A -14 -002 with modifications. 2. Continue the matter to a date certain with specific direction. Prepared by: Robert Kass Special Projects Manager I� 4124 lei Assistant Town Manager /Director of Community Development N:\DE"C REPORTS\2015\A- 14 -002Ch26and29.docx This Page Intentionally Left Blank PLANNING COMMISSION —February]], 2015 REQUIRED FINDS FOR: Town Code Amendment A -14 -002 Consider the adoption of amendments to Chapter 26 (Trees and Shrubs) and Chapter 29 (Zoning Regulations — Tree Protection) of the Town Code. 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)]. IWO11 1YeT.p Required Findings for CEQA: • It has been determined that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b)(3)]. Required Findings for General Plan Consistence: • The proposed Ordinance amendments are consistent with the General Plan and its Sub - Elements. N: \DEV\FINDINGS\ 2015 \Ch26wWCh29T=Protwtion.doex 2/11/15 PC Staff Rpt This Page Intentionally Left Blank TOWN CODE Chapter 26 TREES ARTICLE I. IN GENERAL Sec. 26.10.010. Definitions. Sec. 26.10.015. Purpose of chapter. Sec. 26.10.020. Applicability of chapter. Sec. 26.10.025. Enforcement of chapter. Sec. 26.10.030. Master tree list. Sec. 26.10.035. Planting of trees limited to those on master tree list. Sec. 26.10.040. Planting procedure -- Generally. Sec. 26.10.050. Abuse, mutilation, etc., of trees prohibited. Sec. 26.10.055. Certain trees, etc., declared a public nuisance. Sec. 26.10.060. Maintenance and removal of trees. Sec. 26.10.065. Obstructions at corners of intersecting streets. Sec. 26.10.070. Appeals. Sec. 26.10.010. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Director means the Director of Parks, FGF96tFy and MainlenannA Ssp,lnes and Public Works or the Owner of the property means the person who is the owner of the fee simple title of the property on which a street tree is planted. Parkway strop means that public area between the curb and the sidewalk, or between the sidewalk and the property line on a public street. Public street means all or any portion of territory within the Town set apart and designated for the use of the public as a thoroughfare for travel, Including the sidewalks :,d- spa ss i and s +de -pk4t Street trees means those trees in a public place, or along or within a public street. (Code 1968, § 31 -1) Sec. 26.10.015. Purpose of chapter. It is for the best interests of the Town that a comprehensive plan for the planting, maintenance and removal of trees in, or which may overhang, public streets within the Town should be developed and established; and this chapter is adopted for the purpose of developing and providing for such a plan and EXHMIT 2 2/11/15 PC Staff Rpt program, and for the purpose of establishing rules and regulations relating to the planting, maintaining and removal of such trees. (Code 1968, § 31 -2) Sec. 26.10.020. Applicability of chapter. This chapter is Intended to give, and does hereby give, full and complete authority to the Director, or the Director's authorized agent, over all trees planted and growing, or to be planted and grown, upon or overhanging any streets, public areas and parkways in the Town which AFA RAW, OF R the ti AUFP Wig by-res of the T-om;A Go,- GiL The provisions of this chapter are not superseded by cChapter 29 of this Code. (Code 1968, § 31 -3) Sec. 26.10.025. Enforcement of chapter. The Director shall have jurisdiction and control over the planting, setting out, location, selection and placement of all trees in the public streets of the Town, and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof. (Code 1968, § 31-4) Sec. 26.10.030. Master Street tTree iLfst. (a) (b) A copy of the ,_Master. Street Tree 'List such list shall be kept on file in the office of the Director. Revisions, additions or changes In the mMaster Street tree ist may be made from time to time by resolution of the Town Council. Additional tree varieties may be used at the discretion of the Director in conjunction with new tree introductions recommended by urban forestry and horticultural (Code 1968, § 31 -5) Sec. 26.10.035. Planting of trees limited to those on Mmaster Street Ttree l_'ist. Only those trees which are designated on the =:,_ ;aster .street a i ree list and which are approved by the Director shall be planted along the public streets of the Town. Page 2 (Code 1968, § 31 -8) Sec. 26.10.040. Planting procedum -- Generally. No person shall plant or set out any tree in or along a public street without first filing an application and procuring a written permit to do so from the Director. In such an event, the Director may require that the person to whom such permit is granted either deposit per tree an amount established by the Council from time to time by resolution with the Director, who shall then plant approved trees, or plant approved trees subject to the control of the Director, as provided in section 26.10.025. No person shall place or maintain shrubs or plants In a parkway strip [IUt.l i't uilY I)ift1;. c sireat Vee.rr.EUe 3i+ ac�pir -�- e� {�u}- irc.,get- i;a- #�k�k, neK- sleser- tik��k��2gj inches -frem a"reet -tree: (Code 1968, § 31 -9) existing within the proposed- - stree tqe -plaas er referenced wth a number-to A WY list-: rm wA Sec. 26.10.050. Abuse, mutilation, etc., of trees prohibited. No person shall do any of the following: Page 3 (1) Damage, cut, carve or injure the bark of any street tree; (2) Attach any sign, wire or injurious material to any street tree; (3) Cause or permit any wire charged with electricity to come in contact with any street tree; (4) Allow any gaseous, liquid or solid substance harmful to trees to come in contact with the roots, leaves, bark or any part of any street tree; (5) Construct concrete, asphalt or brick paving, or otherwise fill up the ground area, within four (4) feet of any tree, so as to shut off air, light or water from its roots, without written permission from the Director. (Code 1968, § 31 -11) Sec. 26.10.055. Certain trees, etc., declared a public nuisance. Any tree , shrub plant or part thereof growing in, or overhanging, a public street interfering with the use of any public street or public place in the Town, or tree 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 bcaWn, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance. (b) Any Sweet Gum (Lipuidambar svraciflua) planted in a parkway strip that has created or will imminently create persistent and uncontrollable damage to the sidewalk curb and putter, pavement, or adjacent private property that cannot be reasonably remedled through root pruning or other ac ^ ^rt d arhoricultural means is hereby declared to be a public nuisance. (Code 1968, § 31 -12) Sec. 26.10.060. Maintenance and removal of trees. (a) The - a P-,rkF and Pohli,^ VV ,rk,. is responsible for Inspection, maintenance, removal and replacement of all trees in public areas and parkways. No person shall trim or prune any tree in the public right- of-way without written authorization from the Director. When a tree in a parkway does not constitute an immediate danger to persons or property, the Director shall not remove it without giving at least ten (10) days' written notice to the owner of the property, or if the tree is located on a parkway owned in fee by the Town, to the owner of the nearest abutting property, and posting notice of removal on or near the tree. (b) Maintenance of trees, as authorized in subsection (a) of this section Includes, but is not limited to, root pruning to prevent damage to sidewalks and curbs or to permit repair of such damage, and pruning of limbs to compensate for root removal. (c) The Director may remove limbs from any tree regardless of the location of the tree upon a finding that the removal Is necessary in the Interest of public safety. If such tree Is on private property and does not come within the provisions of section 26.30.010, the Director shall not remove any such limbs without giving at least ten (10) days' written notice to the owner of the property, and posting notice of removal on or near the tree. (d) Nothing in this chapter shall be deemed to impose any liability upon any member of the Town Council, or the Town or any of its officers or employees, or to relieve the owner and the occupant of any private property from the duty to keep the property, and the sidewalks and parkway in front of the property in a safe condition, and not hazardous for public travel. Page 4 (e) Whenever a property owner wishes to have a tree removed from a parkway planted thereon by the Town, the owner shall apply to the Director for a permit for removal. The Director shall determine whether to Issue the permit and whether the work of removal is to be done by the Town. If the tree Is found to be in good condition and the permit is granted rimarii for the convenience of the applicant, then the full cost end responsibility of such removal shall be borne by the applicant -and paid is adva= ?lantino of a new street tree Where replanting is impractical or infeasible. the Ay owner may oav an in -lieu fee in an amount approved by resolution of the Town Council. (' ) Notices as required by this section may be given in the manner provided in section 26.30.015. (Code 1968, § 31 -13) Sec. 26.10.062. Standards of review. mating. . 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. (5) Whether the removal of the tree and replanting with a different species will help promote a more unified street tree canopy. (6) The species size (diameter canopy, height) estimated ace and location of the tree (Ord. No. 2114, 6§ I II, 8-4-03) Sec 26.10.063. Required Findings The Director Director's designee or deciding body shall approve a street tree removal Permit only after making at least one of the f .- ino findings Page 5 tree. tree. (7) The removal of the tree is necessary to repair a ceolooic hazard. with a more Sec. 26.10.065. Obstructions at comers of intersecting streets. The owner or occupant of any comer lot or premises in the Town shall keep trees, hedges and growth at the corners of intersecting streets, whether between the curb line and the private lot line, or within the private lot or premises, so trimmed that the height of the same shall not exceed three (3) feet above the curb level for a distance of thirty (30) feet measured horizontally in any direction from the point of Intersection of the property lines at street comers; provided, that trees whose main trunks are exposed to a height of seven and one -half (Tit) feet above the curb need not be so trimmed or cut. (Code 1968, § 31 -15) Sec. 26.10.070. Appeals. (a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015, and 26.10.060(a) and (c) (in instances involving trees located on private property only), and 26.10.060(e), and 26.30.010 concerning notices to cut down, trim or remove a tree, only, are appealable to the Parks Commission. Appeals shall be commenced by filing a written notice of appeal with the Secretary of the Parks Commission within ten (10) days after the property owner or possessor of land is notified of the decision. The notice of appeal shall state the name and address of the appellant, the location of the tree, including the street address of the property most likely to assist in Page 6 locating the tree If there is such address, a description sufficient to Identify the tree, describe the specific action of the Director which is the subject of the appeal, and state the grounds for the appeal. (b) Determinations of the Parks Commission under the provisions of this chapter, including determinations on appeal from decisions of the Director, are appealable to the Town Council, Appeals shall be commenced by filing a written notice of appeal with the Town Clerk within ten (10) days after the property owner or possessor of land is notified of the decision. The notice of appeal shall state the name and address of the appellant, shall describe the determination or decision appealed from, and shall state the grounds for appeal. (c) Any interested person may appeal, (d) All appeals under the provisions of this chapter shall be determined after hearing by the appellate body of all of the evidence concerning the determination from which the appeal is taken. Page 7 This Page Intentionally Left Blank TOWN CODE Chapter 29 - ZONING REGULATIONS ARTICLE I. - IN GENERAL DIVISION 2. TREE PROTECTION Sec. 29.10.0950. Intent. Sec. 29.10.0955. Definitions. Sec. 29.10.0960. Scope of protected trees. Sec. 29.10.0965. Prohibitions. Sec. 29.10.0970. Exceptions. Sec. 29.10.0975. Emergency action. Sec. 29.10.0980. Applications for a tree removal permit. Sec. 29.10.0985. Determination and conditions of permit. Sec. 29.10.0990. Standards of review. Sec 29 10 0992 Required Findings Sec 24 10 099! Adciilnn r ^n y f -� f'.v i';;-' pruning permits. Sec. 29.10.0995. Disclosure of information regarding existing trees. Sec. 29.10.1000. New property development. Sec. 29.10.1005. Protection of trees during construction. Sec. 29.10.1010. Pruning and maintenance. Sec. 29.10.1015. No limitation of authority. Sec. 29.10.1020. Responsibility for enforcement. Sec. 29.10.1025. Enforcement — Remedies for violation. Sec. 29.10.1030. Fees. Sec. 29.10.1035. Severabllity. Sec. 29.10.1045. Appeals. Sea 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 Torn, 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 26 of this Code. EXHIM S 2111115 PC Staff Rpt (Ord. No. 2114, §§ I, II, 8-4 -03) Sec. 29.10.0955. Definitions. The following words, terns 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 as determined by a certified arborist or the + body Director, - Development means any work upon any property in the Town which requires a subdivision, rezoning _ planning_; , 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. Diameter means measurement of the trunk diameter for the purpose of applying this section shall be made feet ( inches) above natural grade. Measurement of multi- trunked trees shall be determined by the sum of all trunk s measured 3t_4.5-feet-L54-inches Director means the Director of Community Deu the irector's designated representative. Dripline area means the area _ of the tree extending out a distance ten times within -X dstance fF w Nhe-pedrneteFe where -x equals a di6tanGe ea-tiraes -the diameter of the trunk,- asmeasureda or the perimeter of the tree canopy, whichever is greater. approved by the Town Arborist. 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. 29.10.0980, Scope of Protected Trees.) Pruning means the selective removal of plant parts to meet specific goals and objectives, but imp, growth and enhance performance or function by developing and preserving tree structure and health in accordance with the current version of the Page 2 Society of Arboricultu • Best Management Practices —Tree Pruning ANSI A300 -Part 1 and Other Woody > ) Public nuisance, - essaged iR Sect;en- 26, -1A. ,5 means any tree , shrub , plant or part thereof growing in, or overhanging, a public street or right -of -way, Interfering with the use of any public street or public place In the Town, or tree which, in the opinion of the Irector, 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. uRDa4 +sc4�q- or- urina44ral.- sfiapp of- saa. 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 the practice of cuttinc back lame diameter branches of a tree. including but not yle. headirr 4.....L —" - 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 arborlst 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 ormula zment Cost Method as described in the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA)_and the Species lassification and Group Assignment by the Western Chapter of the International Society of Arborists (ISA) 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). Page 3 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) (Ord. No. 2114, §§ I, II, 8-4 -03) 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- eiehtesn inches ( ) or greater diameter ei e sum diameter{tlaidy seven andone half inch circumference) of the sum 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 douglash) b. Black Oak (Quercus kellogit) c. California Buckeye (Aesculus californics) d. Pacific Madrone (Arbutus menziesh) (3) All trees which have a four -inch or greater diameter (twelve and one hall -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 ( ) of this section (e.g., landscape or site plans). (5) 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. (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. (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 ants circumference, for the purpose of applying this section shall be made feet (54 inches) above natural grade. Measurement of multi- trunked trees shall be determined by the sum of all trunk dian measured above natural grade (Ord. No. 2114, §§ I, II, 8-4 -03) Page 4 Sec. 29.10.0965, Prohibitions. Except as provided in section 29.10.0970, it shall be unlawful = - -F anyene: (1) To remove or cause to be removed any protected tree In the Town without obtaining a permit urp suanito (3) To prune trim or cut any branch or root greater than 4 inches in diameter (12.5 inches In circumference) of a Heritage Tree without first obtaining a permit pursuant to this chapter, (41 To nor ri t ^t se4ere rrmrra-, r ..<.,a;;; if) Sec. 29.10.09.55 ( ) 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. (Ord. No. 2114, §§ I, II, 84-03) 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 FaRgiaeeF, the the Pa ublic Works Director or a member of the police, fire, or emergency personnel. (2) A fruit or nut tree that is less than eighteen (18) Inches In diameter (fifty -seven -Inch circumference). (3) Any of the followino trees that are less than 24 inches in diameter (15 inches in circumference) Black Acacia (Acacia melanoxvlon Tulip Tree (Uriodendron tulipffera) Tree of Heaven (Ailanthus aftfssima) Blue Gum Eucalyptus (E. globulus) Red Gum Eucalyptus (E. cameldulensis) Palm (except Phoenix canariensis) Privet (Lioustrum lucidum) (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.0975. Emergency action. A person may remove or severely prune a protected tree without a permit d 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 pursuant to Section 29.10.U!, , photo Page 5 documentation and written verification by the property owner � 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 f erg it-a, °d submit to the , (sirector the documentation required above and in section 29.10.0980 or section If the irector 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. (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.0980. Applications for a tree removal or severe pruning permit. Applications for a protected tree removal permit for trees on private property shall be available from and filed with the application. Application submittals for the removal of trees on public property (street trees) are provided for in Chapter 1_ .1 - 26.10.060 of the Town Code. Applications for tree removal or severe pruning on private property may be granted, denied or granted with conditions. Application submittals for.remgval severe pruning of trees on private property shall include the following minimum information for staff review. (1) A completed tree removal application form, signed by the property owner = (2) A written explanation of why each tree(s) should be removed and how it meets the Town's (3) Photograph(s) of the tree(s) (4) ff required by the !;; hector, a certified or consulting arborisfs 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 (d there is more than one tree); condition of health; condition of structure; and if 4aeaf4-4ree risk findings apply, a —14S ��" °, r�,g,eonn1 ree Risk _ and Ralino must be cu using the most recent version of the Tree Risk Assessment Best Management Practi -<, c nL successor document published by the International Society of Arboriculture . Other information, images, etc. may be included in the report. (5) (5) Payment of Ppermit fee, as established by Town resolution. (Ord. No. 2114, §§ I, II, 8 -4-03) Sec. 29.10.0982. Applications for Heritage Tree pruning permit. (1) A completed Heritage Tree pruning permit. signed by the property owner. Page 6 (3) Photographs of the tree indicating as best Possible where Pruning is to occur. (4) If required by the Director, a certified or consulting arborist's written report describing the proposed Pruning. (6) Payment of permit fee as established by Town resolution Sec. 29.10.0985. Determination and conditions of permit. The shall determine whether to grant athe permit. The 4lector 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 Ddirector or the deciding body shall impose, except when removal is permitted If the tree is dead or a ; +aaardeu high risk 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 Depawnentr?!rector or designee shall be planted in the following order of preference: (1) Two (2) or more replacement trees, of a species and size designated by the Diregter.cf parks irecto,, 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 r r es cannot be reasonably planted on the subject property, to the Town rerestq FundTree Replacement Fund to: a. Add or replace trees on public property in the vicinity of the subject property; or b. Add or replace trees or landscaping on other Town property4, ReplaGeFngnt yalue 4-a c. Support the Town's urban forestry management program Page 7 &64 et 69 feet Tmbop �4 ingh box and two �WGW w.-A as iAGh bex -5i- Standa (Ord. No. 2114, §§ I, II, 8-4 -03) Table 3 -1 - Tree Canopy - Replacement Standard Canopy Size of Removed Tree i Replacement Requirement 2'9 10 feet or less Two 24 inch box trees More than 10 feet to 25 feet Three 24 inch box trees More than 25 feet to 40 feet Four 24 inch box trees: or I Two 36 inch box trees More than 40 feet to SS feet Six 24 inch box trees: or Three 36 inch box trees Greater than 55 feet Ten 24 inch box trees; or Five 36 inch box trees Notes Single Family Residential Replacement Option .4 Two 15 gallon trees I Three 15 gallon trees Four 15 gallon trees Not Available Not Available Page 8 'To measure an asymmetrical canopy of a tree the widest measurement shall be used to determine canopy size Sec. 29.10.0990. Standards of review. The Director or deciding body shall revie, ach application for a tree removal permit required by this division shaI14 e&4evlewed- using the following _ s of review. The standards of review are intended to serve as criteria for ey removal requests and the basis upon which the Director or the dr -ddinn body will subs= ermine whether or not one or more of the Required Find' 099- (1) The condition of the tree or trees with respect to_ jgLdlsease, jbZimminent danger of falling, er ecfuivaleru. (2) The condition of the tree giving rise to the permit application cannot be reduced to a less than significant level by the reasonable application of preservation, preventative measures or routine maintenance. (3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent with the neighborhood. (4) The number of trees the particular parcel can adequately support according to good urban forestry practices, or whether a protected tree is a detriment to or crowding another protected tree. (5) In connection with a proposed subdivision of land Into twn (2) or more parcels, iKoval of a protected tree is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.), The tree IN&cede. Treeirreservali andTx�ion measures d by ofaand skal�egmpty- witr}iPie�egulat ensef this Cndn (6) The retention of a protected tree would result in reduction of the otherwise - permissible building envelope by more than twenty-five (25) percent. In &u(-* a rarneva; bH 14 -6* cendiiioned -upon ieplegeme C-.ede. (7) The Hillside Development Standards and Guidelines : uF%Fit version. Page 9 (8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's aesthetic and biological significance; the topography of the land and the effect of the removal of the tree on erosion, soil retention, or diversion or increased flow of surface waters. (9) Whether the Protected Tree has a significant impact on the property, Significant impact from a tree is defined in Sea 28.10.09bb. Definitiuns. 0)-T s ecies size diameter cano h i ht estimated a e and location on the ro rt of the cted tree. (Ord. No. 2114, §§ I, II, 84 -03) Sec 92 Required Findings (1) The tree is dead severely diseased decayed or disfigured to such an extent that the tree is unable to recover or return to a healthy and structurally sound condition. alternatives to preserve the tree. (7) The retention of the protected tree would result in reduction of the otherwise - permissible building envelope by more than twenty -five (25) percent. (8) The removal of the tree is unavoidable due to restricted access to the property. (9) The removal of the tree is necessary to repair a geologic hazard Sec 29 10 0994 Additional Procedures for Heritage Tree removal or pruning permits. Page 10 prooiems. C) Sec. 29.10.0995. Disclosure of information regarding existing trees j (a) Any application for a discretlonary 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 subject of the application, and describing each such tree, its species, size (diameter, canopy dripline area, height) and location. This requirement shall be met by including the following Information on plans submitted In connection with the development application. (b) he location of all :;? -:w< ^trees on the site and in the adjacent public right -of -way which are within thirty (30) feet of the area proposed for development, and trees located on adjacent property with canopies overhanging the project site, shall be shown on the plans, identified by species 1 ameter. canocy (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 ur Imving. (f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this division. (Ord. No. 2114, §§ I, II, 5 -4-03) 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 Page 11 survey. The tree survey plan shall be prepared by a certified or consulting arborist, and shall include the following information: (1) Location of all existing trees on the property as described in section 29.10.0995; (2) Identify all trees that could potentially be affected by the project (directly or indirectly - Immediately or in long term), such as upslope grading or compaction outside of the dripline; (3) Notation of all trees classified as protected trees; (4) In addition, for trees four (4) Inches in diameter or larger, the plan shall specify the precise location of the trunk and crown spread, and the species, size (diameter, height, crown spread) and condition of the tree. (b) The tree survey plan shall be who shall, after making a field visit to the property, indicate In writing or as shown on approved plans, which trees are recommended for preservation (based on a retention rating of high/moderate/low) using, as a minimum, the tandards set forth in section 29.10.0990. This plan shall be made part of the staff report to the Town reviewing body upon its consideration of the application for new property development; (c) When development impacts are within the dripline of or will affect any protected tree, the applicant shall provide a tree preservation report prepared by a certified or consulting arborist. The report, based on the findings of the tree survey plan and other relevant Information, shall be used to determine the health and structure of existing trees, the effects of the proposed development and vegetation removal upon the trees, recommendations for specific precautions necessary for their preservation during all phases of development (demolition, grading, during construction, landscaping); and shall also indicate which trees are proposed for removal. The ree reservation eport 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 ree reservation eport 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 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; (3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply with the following requirements and conditions of approval: a. The applicant shall, within ninety (90) days of final approval or prior to issuance of a grading or building permit, whichever occurs first, secure an appraisal of the condition and value of all trees included in the tree report affected by the development that are required to remain within the development . 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 Landscape Apraisers (CTLA )-and the Species and by the Western Chapter of aruteFthe- auspises-ef the International Society of Arboriculture. The appraisal shall be performed at the applicant's expense, and the appraisal shall be subject to the Irector'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 Page 12 property owner or applicant shall obtain a protected tree removal permit, as outlined in section 29.10.0960, 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. es which were removed, 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 (1) year following acceptance of the public Improvements of the development. (a) PFoleetive fencing Rapeahen. Prior to Issuance of any demolition, grading or building permit, the applicant or contractor shall submit to the Rhullding ' Department a written statement and photographs verifying that the required tree protection fence is installed around street trees and protected trees in accordance with the $tree P- ,reservation sport. (f) If required by the irector and conditioned as part of a discretionary approval, a security guarantee shall be provided to the Town. Prior to the issuance of any permit allowing construction to begin, the applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required to be preserved, or twenty-five thousand dollars ($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of one (1) year following acceptance of the public improvements for the development and shall be forfeited In an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be preserved are removed, destroyed or severely damaged. (g) An applicant with a proposed development which requires underground utilities shall avoid the Installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done using directional boring, air -spade excavation or by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arbodst. (h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any development approval condition concerning preservation, protection, and maintenance of any protected tree. (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.1005. Protection of trees during construction. (a) Protective tree fencing shall specify the following: (1) Size and materials A- 4ve- 4&)-er jix (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven Into the ground to a depth of at least two (2) feet at no more than 10 -foot spacing. For paving area that will not be demolished and when stipulated In a tree preservatiun 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 11: 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. Page 13 (3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or construction and remain in place until . Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence. (4) Waming 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 , irector. (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. (8) Retain the services of certified or consulting arborist for periodic monitoring of the project site and the health of those trees to be preserved. The shall be present whenever activities occur which pose a potential threat to the health of the trees to be preserved all (7) The !rector and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered. (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.1010. Pruning and maintenance. gg ent - 844isn of Best A4a Ong- estaci Htltt -vy� tnteFnat Baal Seciety...of_,r 11, ^' and any special conditions as determined by the < "Arector. For developments, which require a tree preservation report, a certffied or consulting arborist shall be in reasonable charge of all activities involving protected trees, including pruning, cabling and > ="Uiaing any if specified. (1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a protected tree shall obtain permission from the : !rector before performing any work, including pruning, which may cause injury to a protected tree. (e.g. cable TV/fiber optic trenching, gas, water, sewer trench, etc.). (2) Pruning for clearance of utility lines and energized conductors shall be performed In compliance with the current version of the American National Standards Institute (ANSI) A300 (Part 1)- Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when pruning other alternative is available, -.Is prohibited. Page 14 pursuant to this division (Ord. No. 2114, §§ I, II, 8 -4 -03) 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. (Ord. No. 2114, §§ I, II, 8-4 -03) 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. (Ord. No. 2114, §§ I, II, 8-4 -03) 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: (1) 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 may be imposed as a condition of any subsequent application approval or permit for development on the subject property. (2) 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. (3) Projects under construction. a. If a violation occurs during construction, the Town may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and /or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the director, agreed to in writing by the property owner(s) or the applicant(s) or both, and either implemented or guaranteed by the posting of adequate security In the discretion of the director. Page 15 b. The violation of any provisions in this division during the conduct by any person of a tree removal, landscaping, construction or other business in the Town shall constitute grounds for revocation of any business license Issued to such person. (4) 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. (5) 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 through (4). a. As part of a civil action brought by the Town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this division a civil penalty in an amount not to exceed five thousand dollars per violation. b. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount not to exceed five thousand dollars 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 . 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 c. If the court or director directs a replacement tree or trees to he 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. d. The cost of enforcing this division, which shall include all costs, staff time, and attorneys' fees. (6) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation. (7) 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. (Ord. No. 2114, §§ I, II, 8 -4 -03) 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. (Ord. No. 2114, §§ I, II, 8 -4-03) 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 Page 16 division which can be given effect without the invalid Drovision or application, and to this end the provisions of this division are declared to be severable. (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.1040. Notices. All notices reouired under this division shall conform to noticing provisions of the applicable Town Code, _ " "" Sec. 29.10.1045. Appeals. Any person seeking the director's approval to remove a protected tree pursuant to this division 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. All appeals shall comply with the public noticing Provisions of sc ;;,20.450 of the Town Code. (Ord. No. 2114, §§ I, 11, 8 -4 -03) N:1DEVA0RDS\20151PCE#i1bit 3- Proposed Amendments Chapter 20.doox Page 17 This Page Intentionally Left Blank Action Items E. Tree Protection Ordinance Update Mr. Kass, Special Projects Manager, provided the Commission with a report on the upcoming update to the Town's Tree Protection Ordinance. Mr. Kass requested input from the Commission, which provided the following comments: • Supported a simplified process for removal of nuisance trees, and requested that staff include exploring eucalyptus trees as a nuisance. • Supported a more restrictive and "intelligent" process for Heritage Tree pruning and removal requests. • Requested that the Commission have a representative on any committee or board that may be established by the Council to evaluate and make recommendations for individual Heritage Tree designation. • Provide links on the Town's website to information on tree care and proper pruning methods. • Expressed the importance of educating Town residents on proper tree selection and planting, with particular attention to future impact on view - sheds and solar installations of neighboring properties. 7. COMMISSION /COMMITTEE MEETING REPORTS A. Beautification Committee (Corenson) Commissioner Corenson provided an update from the August 266, Beautification Committee meeting, which covered: • Power washing of sidewalks • Cleaning of garbage cans • Trail cleanup of garbage can lids • Students can receive community service credit for volunteering B. Goals Committee (Gordon/PPW Staff) No report given. C. Bicycle Advisory Committee (Scott) No report given. 8. ADJOURNMENT The meeting was adjourned at 7:42 p.m. E)aUIT 4 2/11/15 PC Staff Rpt PAGE 3 This Page Intentionally Left Blank � � kk )� |� . # ! - - « « -c�. §!!l }�j\�� 7� { ® § /§/ ))�§ k )k\\\! k!! f f� E ! ()) #�E t . r§! } §)kk / /kk k | § 7 k k)kME)k \k\ k \ \\ \ \\} \ E)ajmR5 2/11/15 m Staff &t This Page Intentionally Left Blank RESOLUTION 2009 -082 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REVISED MASTER TREE LIST WHEREAS, in January 2009, the Parks Commission agreed to revise the Town's Master Tree List to include trees more appropriate to our community and climate; and WHEREAS, Park Commissioners had meetings and discussions with the Town Arborist and other staff to edit the Town's list of approved trees; and WHEREAS, the Parks Commission voted unanimously on June 2, 2009 to accept the Master Tree List with the changes and edits made by the Parks Commissioners. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos agrees to approve the revised Master Tree List (attached hereto as Exhibit A). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town or Los Gatos, California, held on the 151h day of June, 2009, by the following vote! COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: ATTEST: IC OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA SIGNED: MAYOR OF TIE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2/11/15 PC Staff Rpt Exhibit A MASTER TREE LIST (revised June 2, 2009) (attach 2-page document) Master Tree List EXHIBIT A Names (Common and Scientific) Revlsed June 2009 nlotRr Aristocrat Pear (Pyres Calleryans Aristocrat') Australian Willow (Glefere Parvitiora) Big Leaf Maple (Acor Mecrophyllum) Rlack Tupelo (Nysso S34va6ca) Consider as a replacement for Liquid Amber Bradford Pear ( Pyres CeNeryana 'Bredfordq Cajeput Tree (Melaleuca Leucadendra) California Bay (Umbelhrlaria Californica) California Buckeye (Aesculus Californics) California Sycamore (Platanus Racemose) Camphor (Cfnnamomum Camphors) Replacement Only Canary Island Pins (Pinus Carranensis) Net suitable as street free Carolina Cherry (Prunus Carolinians) Susceptible to blight Chinese Pistachio (Plstacla Chlnonsis) Selectnel hbarhoods only 9 y Coast Live Oak (Quercus Agrifoila) Coast Redwood (Sequoia Sempirolrons) !Replacement Only Crape Myrtle (Lagerstroemin Indlcla, L x Faunal) Dawn Redwood (Metosoquola Glyptostroboldes) Not suitable as street tree Master Tree List Names )Common and Scientific) Revised June 2009 Notes European Hackberry (Collis Australis) Flaxleef Paperbark (Melaleuca Linariifolle) Select neighborhoods only Flowering Pear (Pyres Kawal(ame) Goldenrain (Koelereuateria Paniculata) Holly Oak Quemus flex Jacaranda (Jacaranda Mimoslfolia) London Plane Select neighborhoods only. Prohibited landscape (Plateaus Aceftlia) plant on SCVWD creeks Madrone (Arbutus Menzresfi) Maidenhair (Gingko Biloba Male only, including selected forms Marina Madrone (Arbutus x'Marina) Purple Leaf Plum (Prunus Bilreana) Red Maple Acer Rubrum _._ Sawleaf Zelkova Zelcove Serrate Southern Magnolia (Magnolia Grandillora) Including selected forms, Replacement Only Valley Oak Quercus Lobate Wester Rod bud (Cards Occidentialis) White Alder (Alms rhombilolis) While Birch Setule Alba Parks Only Attachment 2 Tree Canopy - Replacement Standard Table: COLUMN 1 COLUMN 2 COLUMN 3 Canopy of the removed tre tr e"` Replacement trees Alternative tree 4 feet - -9 feet Two 24 inch box size One 36 inch box (Minimum) size 10 feet - -27 feet Three 24 inch box size Two 36 inch box size 28 fee4-40 feet Four 24 inch box size Two 48 inch box aim Two 36 inch box 40 feet - -56 feet Six 24 inch box size size Two 48 inch box size Two 24 inch box and 56 feet - -60 feet two 36 inch box plus •" two 48 inch box size 60 feet+ ** *+ Notes: • To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size. • It is not always possible to replace a singie large, older tree with an equivalent tree(s). In this case, the tree shall be replaced with a oombination.of both the Tree Canopy and Tree Value Standards as determined by the Arborist. This Page Intentionally Left Blank