Attachment 2TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date; February 11, 2015
PREPARED BY: Robert Kass, Special Projects Manager
bkassgosgatosca.gov
APPLICATION I IO: Town Code Amendment A -14 -002
LOCATION: Town -wide
APPLICANT: Town of Los Gatos
CONTACT: Robert Kass, Special Projects Manager
ITEM NO: 3
DESK ITEM
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).
e The Planning Commission must make a finding that the Town
Code amendments are consistent with the General Plan if the
rec:omtnendation is for adoption.
ACTION: Recommendation to Town Council.
ATTACHMENT 2
Planning Commission Staff Report - Page 2
Town Code Amendments /A -14 -002
February 11, 2015
EXHIBITS: Previously received with the February 11 2015 Staff Report:
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
Received with this Desk item:
Public comments (eleven pages)
REMARKS:
The attached public comments (Exhibit 7) were received after the staff report was distributed.
.r%
Prepared by:
Robert Kass
Special Projects Manager
LRP:RK:cg
N. DEVWC REPORTS1 OMA- 14002. Ch26 &29. DaskXe da
Approved by:
Laurel R. Prevetti
Assistant Town Manager/Director of Community
Development
To: Planning Commission
Re: Proposed amendments to Chapter 29 - Tree Protection Ordinance, 2/11/2015
From: Dave Weissman 2/10/2015
I have reviewed the Planning Commission Staff Report and find it a good
beginning. It does address many concerns about those trees within the Town's non -
hillside areas and should make many citizen's lives easier.
But the Los Gatos hillside's trees and environment are a different issue, and
should be addressed differently and separately from those of the flatlands. For
example, while many species of non -native trees may be suitable for the flatlands,
this is not the situation for the hillsides.
I thus recommend the following:
1. Chapter 29 proposed revisions should be referred to the General Plan Committee
where interested and knowledgeable citizens can interface with staff and any
concerned TC members and revise this document A PC meeting is not a suitable
venue for such a discussion. Such a process was successfully followed in 2003 when
the current Tree Protection Ordinance was last revised.
2. This General Plan Committee should be given the following charges:
A. Chapter 29 should be divided into two sections: one concerned with trees
in the hillsides (as defined by the map on page 8 of the HDS &G) and the second
section concerned with non - hillside trees.
B. In an effort to improve enforcement of Section 29, the attached "flow
diagram" or a modification thereof, should be considered in an effort to expedite
enforcement and make penalties more objective and uniform.
Additionally the staff report notes that there have been no public comments
on these proposed amendments. This lack of response does not reflect a lack of
interest but the fact that these documents have been almost totally unavailable for
review or comment
I will briefly speak at the PC meeting and can answer any questions this letter
may generate.
Dave Weissman
FXHMff 7
2/11/15 PC Desk Item
n
s .
Y
a
— c�
r
Laurel Prevetti
•cm:
Lee Quintana <leeandpaul @earthlink.net>
,ent:
Wednesday, February 11, 2015 10:28 AM
Tx
Laurel Prevetti
Subject:
TREE ORDINANCE
Attachments COMMENTS ON TREE ORDINANCE.pdf
SEE ATTACHED:
This Page
Intentionally
Left Blank
TOWN CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIWSION 1 TREE PROTECTION
Sec. 29.10.0660. Intent.
Sec. 29.10.0665. Deflnitiore.
See. 29.10.0960. Scope Of Protected bees.
Sec. 20.1 0.09 Pmhlbitton L
Sec.29.1om7a Enmaptlaro.
Sec. 29.10.0676. Emergency action.
Sec. 29.10.09E0. Appiloa lqe for a tree rein
Sec. 29.10.0966. Dstarmlrsdion and 0ondli ons
Sec. 29.10.0990. Standards of neview.
?�7c,Ub�r. rie;uuirerY ;<Fridinas
I.IeeEuintens 2/11/201510:12:22 AM
Sticky Note
MY OVERALL COMMENT IS THAT FOR NEW
DEVELOPMENT THE ORIGINAL ORDINANCE,
AS WELL AS THE PROPOSED AMENDMENTS
PROVIDES PROTECTION TO TREES THAT ARE
TO BE RETAINED ON A PROPERTY MORE
THAN IT PROTECTS TREES FROM BEING
REMOVED. EVEN MORE SO WITH THE
MODIFICATION CHANGE IN WHERE THE
DIAMETER OF A TREE IS MEASURED. (WAS 3'
ABOVE GROND AND WILL BE 4.5' ABOVE
GROUND.
Seo. 29.10. 0895. Disoloerae of Information regarding ardeting trees.
Sae. 28.10.1000. New properly developmert
Sea 26.10.1 005. P00100011 of pees during 0onstructiorL
Sec. 29.10.1010. Pruning and maintenance.
Sam 29.10.1015. No limitation of authority.
Sea 29.10.1020. Reepwishil4y, for enforosment.
Sea 29.10.10215L Enforcement-- Ramedks br violation.
Sec. 29.10.1090. Fees.
&&0.29.10.1035. Ssverabllitr.
Sec. 29.10.1045. Appeals,
Sam 29.10.0059. Intent.
This dMsion Is adopted because the Town of Las Gatos is forested by Oak, Earraiyptus
Sycamore. Redwood, Pine sand other base and oontetre 9ndhr1dual frees of great beeuty. The health and
wsbm of the alarm of the Town regri+a that these trees be aved In order to preserve the scerd0
besuly of the Town, prevent erosion of W6011, Provide PMMW rr against flood hazards slid risk of
landslides, oounteract pollutants in the air, maintain 0ltmatic balance and deaeaae wind veiocaaa. Tram
contribute significantly to the value of lend In the Town. R le the Intend of this division to regulate the
removal of trees within the Town In order to retain as marry tress al 110881131e corsister4 with the purpose
of ties section and the reasonable use of private property. it Is to Intent of this division to preserve as
marry Protected bees as possible throughout the Town through BW review and the development review
procaa. This section does not supersede the provisions of 28 of thla Code.
6na
Page 1
Sticky Note
The ordinance
"immenent hazard ",
immediate hazard, and high risk
which are not defined under
Definitions. Without clear
definitions it may be difficult to
make consistent decisions.
Consider adding more
definitions.
Sticky Note
ArbOnpItura, a memDa or the Amarrwn OMM" M � to
Dangerous means a tree, which Is an Imminent hazard
as determined by a oarllilaed abWM or the
Dew/oprnad means any work upon any property In the Town which requires a subdivision,
, variance, use permit. building permit, demolition permit
grading parnil or other Town approval or which involves erocevat N IandsDeping, c0n8hV tlon or clearing
and grubbing within the dripine or any area that wodd ~ a protected tree.
Diameter mean measurement of the bunk diameter for the purpose of applying Ode section shall
made feet ( Inches) above natural grade. Measurement of mul"Unkad bees shalt
determined by the sum of al trunk s measured
Director means the Director of Commis ft
the liectoes designated r*Meser4m*e.
Drighe area mean the area ound the trunk of the tree extonding out a distance ten times within X
nk aura!!
ualc st eah, the diameter d Ore but* - aeasuredatthreatest ghh six Inches' or the
er met o
Neritaae Tree means any oak (Quercus) Caitfornia buckeye (Aescylus cafifomica). redwood
4 uola) cedar (Cedrus) or PactFic macrons (Arbutus menzlesirl which has a 74 hutch or ereater
ismeter (75 inch circumfemncel trunk or any other soecles with a 48 Inch or greater diameter (150 inch
imumference).
Pollardby means a pruning technigue where the ends of the trenchers 2t tree are terminated y,
sadme wt to a predetermined length and then resultant eoicormic shoots that em@rge from iust b•:
�e heading cut ere c9 back on an snnual pasts fomhloc an enlarging "knob or knuckle° at the end c.
amaining branches over time Poliarding stxwid be done on smell branches no more than 2 irw&l
meter and is only allowed without a permit on fruirleaa myjv ry trees (Moms elba) or gthr 4
ovp.d h- tin Thum Arhorist,
Protected tree means a woody perennial plant, u 'L leequintene many
buic hes. it may appear to have several stems or trunks Sticky Note
A tree in the protected tree category means a bee repo rt in
Section .2g.10.Om, scope of ProroatedTrees.; This definition is quite
prur" means the seleetive removal of pant parts technical. Is it possible to u
growth 0ntrr,; and enhance
structure and health fi pro, _ In
reword so the average
person can understand the
definition? and /or to add an
illustration?
Page 2
THAT IS THE REASONING
BEHIND CHANGING WHERE
THE DIAMETER IS MEASURED?
a, whot used
THIS WILL MEAN LESS TREES
a parcel that
WILL BE PROTECTED
r requhed w&
ESPECIALLY ON ALREADY
PROPERTY.
CONSIDER KEEPING THE
ipDEVELOPED
ORIGINAL 3 FEET. (POSSIBLE
EXCEPTION FOR HERITAGE
TREES)
ArbOnpItura, a memDa or the Amarrwn OMM" M � to
Dangerous means a tree, which Is an Imminent hazard
as determined by a oarllilaed abWM or the
Dew/oprnad means any work upon any property In the Town which requires a subdivision,
, variance, use permit. building permit, demolition permit
grading parnil or other Town approval or which involves erocevat N IandsDeping, c0n8hV tlon or clearing
and grubbing within the dripine or any area that wodd ~ a protected tree.
Diameter mean measurement of the bunk diameter for the purpose of applying Ode section shall
made feet ( Inches) above natural grade. Measurement of mul"Unkad bees shalt
determined by the sum of al trunk s measured
Director means the Director of Commis ft
the liectoes designated r*Meser4m*e.
Drighe area mean the area ound the trunk of the tree extonding out a distance ten times within X
nk aura!!
ualc st eah, the diameter d Ore but* - aeasuredatthreatest ghh six Inches' or the
er met o
Neritaae Tree means any oak (Quercus) Caitfornia buckeye (Aescylus cafifomica). redwood
4 uola) cedar (Cedrus) or PactFic macrons (Arbutus menzlesirl which has a 74 hutch or ereater
ismeter (75 inch circumfemncel trunk or any other soecles with a 48 Inch or greater diameter (150 inch
imumference).
Pollardby means a pruning technigue where the ends of the trenchers 2t tree are terminated y,
sadme wt to a predetermined length and then resultant eoicormic shoots that em@rge from iust b•:
�e heading cut ere c9 back on an snnual pasts fomhloc an enlarging "knob or knuckle° at the end c.
amaining branches over time Poliarding stxwid be done on smell branches no more than 2 irw&l
meter and is only allowed without a permit on fruirleaa myjv ry trees (Moms elba) or gthr 4
ovp.d h- tin Thum Arhorist,
Protected tree means a woody perennial plant, u 'L leequintene many
buic hes. it may appear to have several stems or trunks Sticky Note
A tree in the protected tree category means a bee repo rt in
Section .2g.10.Om, scope of ProroatedTrees.; This definition is quite
prur" means the seleetive removal of pant parts technical. Is it possible to u
growth 0ntrr,; and enhance
structure and health fi pro, _ In
reword so the average
person can understand the
definition? and /or to add an
illustration?
Page 2
.yl; :. by k or, 9 Certified or n.
yyn
proposed pruniM
h"i"inrtt ein;M .;ea.. im7 ^. vgrne_q Or
Sac. 20.1
I The
bWIN
leequintana
Sticky Note
Define "high risk" in
definitions section
ns In
�pml rel O
wo kleequintana
Sticky Note
44.QIi:
Refine "cannot be
iolperrr reasonably planted"
dwell d
or outs
under --Ili on tree ram permgi be
made corwv ttre related matter. The Iractar a the deciding
bony shall 1m Perm the tree b dead or a hjah risk oondMbn
ended, e a oondltbn on whkh a orotaolsd bee removal Permit Is Wwdad that bw or more raplacarrterrt
trees of a species and a size deabnated by yYeFlin
. stall be planted in the fdlowtng order of prof ranow.
(1) Two (2) or more replacement bees, of a ePeales and elm designated by the p:
I shall be Premed On trio subjaoe P� prop ft. Taws &
1 The Tfsa Canopy-- Repl�sment Standard shall be used as a basis for tide requirement. The
Pw8m requesting the perms shell Pay the oast of purdwing and planting the replacement
frees.
(2) If a tree cannot be reasonably planted an ft sl OU properly, l l
poldto the TOwn be LJ
a. Add or repleoe bees an public properly, Into vicinity of the subject properly or
b. Add trees or landetaping on other Town properly or.
�• �I...• �{3-��'lLiBiaWlhfftN�N: ® .OI"f1N
9. Su000rt the Twm's urines forestry manenament n;
jleequintans
Sticky Note
I a�MN -i 69k�M#,�
Where is this found?
3aspt'�€#hereraewed•�ee -3 tic�lace+»sn#- trees
i
ftvet__94 PA a 2 4 in ch h j
Page 7
4�
11A�eet-- 27 -#eet azree24inek✓3exsixe 73banEliiiae
129 feO .— P fe.. t Frwr- �4- aA<.. -t;o ^te a ewe- 48inehke�r3ite
4Blee4 -5� #eei $;IN :14 ingh bews ¢e
TAAFA 24 inch bwandtwe "belew
36 ineh 6e+y plus
abelow I°belew
I
_fortnaie used to
:re measwe an asymmaignal s
193- GAen -it -is not posarble to refilase 4-8144 ;
ease, the lee shall be reptased vAlh-a -f-
(Ord. No. 2114, §§ I, 11, 84-03)
tattle 3.1 - Tree Canoov- Reolauir ent Standard
S*ky Note
The replacement alternative is
both easier and less expensive for
the applicant Does the
replacement option for SF homes
also include the payment of an in-
lieu fee as well?
Canopy Size of Removed Tree 1 I Replacement
10 feet or less
More than 10 feet to 25 feet
More than 25 feet to 40 feet
More than 40 feet to 55 feet
Greater than 55 feet
Dies
Reaulremerrt''
Two 24 inch box trees
Three 24 inch box trees
four 24 inch box treestor
Two 36 inch box trees
Six 24 Inch box trees or
Three 36 inch box trees
Ten 24 inch box trees; or
Five 36 inch box trees
Single Family Residential
Replacement Option'
Two 15 gallon trees
i
Three 15 gallon trees
Four 15 gallon trees '
i
Not Available
Not Available
to
to
pope
leequintena
Sticky Note
For proposed structure or
additions - shouldn't
redesign be the first
consideration?
Sac. 20.10.0890. Standards of review.
tltb c1fhe adl application for a tree removal permit ragtrked by
Y lroctor or der�a
aheN �e AevJe „_ ustn0 the fadowYrg 1. 0, rc Vibv . f HYA YWn i
- � • .�:.. •,.R.watuy va,cr r.u3,.e t. •; 1, -u f Or no O7r CN n10rE d 1111'
(1) The condition of Be bee or trees with respect to disws, • Imminent danger of fWUnO
structural fallurs, P►cJ&* m WdOft or Proposed OwWres
r.9 International Soctehty ol ro a bolding or a putdlc nuisance caused by a tree.
Olseesernent shall bg used where ^
`quh alf,44 lid IrnuinMns
(2) The omdl6on of Iha tree pMnU the to the perms t
slgnMcant level by 11110 reasonable application of pr
malydereenos.
(8) The removal of the bee(a) will not result In a done
with the nelghbodmod.
(4) The mirnber of trees 0w pwamrisr paroai cen Be
forestry Practloss, or whe0wr a proteobd tress is a
tree.
Sticky Note
Consider requiring a
shared driveway or access
with an easement from
one lot to another rather
than removing-tree
(6) In convection v t a proposed SubdWIon of land Into tm (2) or mere parcels, O
protected bwe 10 l
the Property or deemed necessary 10 repair a 8eologlo hemid pand ddle, mpats )
(6) Ths rstanlcn of a plobo&Ad tree would result ic reduc*m uf 0w OftrR*e- pemtissibia bufdlrg
envslopa by more Own twen4►6w (26) po wnt.
(7) The Hihide DevelOPIROnt Standards and Gutdalkwe
Page 9
(6) a sd*ic d hiolog> rMcance; the Wpography cf the �ard thee�Fect of the In Ow Bild's
removal a�
the tree on aroelon, soll retention, or diverskm or kneased flow of surface welers. Q
(9) tl hedw to Protected Tree has a sigrif cent impect on the property >igntficant Imp
aot from a
lYi't� 13 a_ 3Ir1M�rt� Scs l,. t;t iy {%U�1, C. +b Iriai
height), estimated ape and location on the property of the
(Ord. No. 2114, §§ I. II, 6-4-08)
111936
Sticky Note
Consider adding whether the tree
removal will effect landscaping in
adjacent yards. For Example: Will
removal of a tree or large shrub
eliminate shade from the
adjacent yard and will the change
to a sunny environment affect the
health and /or longevity of
landscaping in adjacent yards?
more
Merly 61W Sticky Note
Oct" or d
Is "significant' as it is used
ith Wit sE= here the same as defined
Jam'. in Sec. 29.10.0955
Definitions? If not please
clarify
_._ L _ :Pair a
Sec 29 10 0894 Additional procedures for Heritage i
(1) These procedures are established for the review o'
apDli wtinny where a permg is recuaste r 2 tr,
profoundly diseased or an Imminent serfeiv haze;+
cannot be made.
+` .;,'.- ?sisal a hutlrilnr
Sticky Note
Consider requiring
notification of adjacent
neighbors whether or not
a tree is a heritage tree.
(2) In addition to the fee and application materials regUlad by Secim r ?b'i U,U0 V of
2810 0902 the applicant will be required to submit one set of stamped addressed envelopes
for neighboring residents and property owners The Planning Department wV1 assist the
^^ ^"^ant In determinlng the uroperties to be rotffled (afl orwertles abrsttmg the applicants
parcel properties directly ary9sa the street and the two parcels on aach side of it)
Pge 10
survey. The tree survey plan shall be prepared by a certified or consulting arborlst, and shall Include
the following Information:
(1) Location at al exdsting vase on the property as described in section 26.10.0686;
(2) Identify all bees that could potentially be Owled by the project (coectly or indirectly -®
Immediately or In brig twm), such as upstopa grading or compaction outside of the driplins;
(3) Notation of all trees ciassfied as protected vase;
(4) In addition, for base four (4) bwhw In diameter or Isq
lt,Ieequintann
location or the took and arown spread, and the tpedes,
and condition of the tree.
Stkky Note
I (b) The tree survey plan shall be F r, �e�_t -�a;, :errP, :
Consider adding: incl
who shalt after making a field visit b the property, India(s In v
which trees are recommended for preservation (based on a
trees on neighboring
using, o a minimum, an wrAnds am ft 1h I
propertie&
made put of the staff report to the Tam reviewing body upon
new pmparty development:
I (c)
ieequrnrana 2/11/2015 9'36:53 AM
Sticky Note
Some projects may take several years been the
original tree survey and final approval or even once
approved between approval and the issuance of a
building permit.
Given this please consider requiring the evaluation
to be made at the time the tree survey is done to
help ensure the trees will be maintained during the
approval and permitting process.
At the least consider eliminating "or prior to
grading or building permit
Preclude fasible development of the propift as Qescribed In section
"red by a caroled or
I _plan srd odw relevant
9 bees, the efrects or the
nmandations for spedlc
m®nt (demolition, grading,
reposed for removal. The
ms (TPZ) far vacs to be
as are hanging over the
n motion 20.10.1006;
he building permit set of
tnstruetlons (Sheet T -1).
rlon, utlllly, la dsoaps,
endeavor to preserve all
The Town
preservation should be
Wing or other unusual
NO) would significantly
(3) Approval of final alts or landscape plans by the appropriate Town reviewing body shell comply
with the following requirements and commons of approval:
a. The applicant shall, within ninety (60) days of find approval or prior to rssusnoe of a
grading or building permit, whichever occurs thst, iurxArx an eppra-Md of the corr2lon and
value of all bees included in the tree report efrecte i by the develop"nt that
GM required to remain within to development
. The appraisal of asch bee shall reoognme the loatlon of the
tree in the proposed developmenL The appraisal shall be parrormed in aeomw=with the
ctarerk e0m of the Gulde for Plant Appraisal by the Cc ` Tr=
;acetic;e
the Irbarnstbnsl Sodety of Arborbulure.
The eppraimd shat be parknned at the applianrs expense, end the appraisal shell be
subject to the hectors approval.
b. The site or landscape plane shell Indicate which trees are to be removed. However, the
plans do not constitute approval to remove a tree unS a separate permit Is granted. The
Page 12
e 29.110119M. applicant each bee to be removed to satisfy the purpose off thle d Man. •I In
(d) submit the acceptance
nxdor a 1� Ines preservation report prepared by a c rt8led or consulting arbodd
This report shelf consider sit best tai wane lo, remain within the development. The report shall note
the bass' haafth In relation to the Initially reported condition of the trees and shell note any changes
In the trees' numbers or physical conditions. The appkm t will then be responsible for the loss of any
tree not previously approved for rwnwM.
tre For prolsol ad buss. which was rsmovad, the dwalopsr shall pay a fine In the amount of Boa
appraised value of such tree -in addition to replace ant requirements contained In section
29.10.0085 of this Coda. The applicant shall remain responsible for the health and survival of all
trees within .t to development for a period of one (1) yew following acceptance of the public
InproverrienIs of the development
(a) pry. Prior to Issuance of arty demolition, grading or building permit the
applicant or conbactor &hall submit to the u lkling apartment a mitten untetsrnent
hoD tow, verifying that the required bee protection fence Is Installed around street Yeas and
probated too In accordance with the Three 42 reservation sport
(t) U required by the s , tsohm and conditioned as part of a dlscxetlonary approval, a seem gulmmiesp
dell be provided to the Town. Prior to to. of any permit allowing construction b begin, the
applicant anal post cash, bond or other security mile ctory to to Dlredw in the panel sum of flea
thousand dollars ($5. 000.00) for each Yes ragrdrad to be preserved. or hvenly4w tihousend dollars
one (1) year fall aooeplsnos of tine public Improvscrwds for to development and tlrY be
fo felled In an amount amid to lNe thousand rtatiars (i8, 000.00) per tree as a civil penally In to
mintane fired to be preserved are removed. destroyed or severity damaged.
Sticky Nobs
led devek
In the d
What about trees that
alas
aren't removed but whose
On to avol
condition changed?
at ati
division h
oondl
(Ord. No. 2114, §§ I, II, 8.4 -03)
San. 29.10.1005. Prolectbn of tress
(a) Protective tree lancing shall specify the
which requires underground utAldes shall avoid to
.111= 2!11/2015 9:4520 'A' M
Stldry Note
Consider adding guidelines for when a security bond
or guarantee should be required. For example: if
more than x number of tree required to be preserved
or potentially affected by the development or the
existance of a heritage tree(s) to be preserved
(1 ) awnebr gelvenlaed kon poets, shall be �venn Into the ground b a depth of at I� bbNO (2) feet
at no more than 104bot spacing. For paving area that will not be demolished and when
stipulated In a tree preservation plmr, posts may be supported by a 0 urcre11 bass.
(2) Area type to be faneed. Type I: Enclosure with lain nrik fencing of either the entire ddpline
arse or at the tree protection awe (I'M when specified by a oertfied or consulting artimist.
Type II: Enclosure for street trees located In a planter strip: chain link fence around the entire
planter strip to the outer branches. Type Ilk Protection for a tree located In a small pkm*
cutout only (such as dowrdoemk orange phaelic fencing shall be wrapped around the trunk iron
the ground to the fast branch with 24nch wooden boards bound securely on the oumids.
Caution shall be used to avoid damaging env bark or branches.
Page 13