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Attachment 3MEMORANDUM TOWN OF LOS GATOS To: Los Gatos Planning Commission From: Robert Kass, Special Projects Manager Subject: Tree Protection Ordinance Workshop Date: March 4, 2015 BACKGROUND: On February 11, 2015, the Planning Commission held a Public Hearing to consider adoption of amendments to Chapter 26 (Trees and Shrubs) and Chapter 29 (Zoning Regulations — Tree Protection) of the Town Code. At the Public Hearing, the Commission received a presentation from staff on the proposed code amendments and heard comments from two members of the public. Following discussion of the proposed amendments, the Commission continued the public hearing to the Planning Commission meeting of March 25, 2015 and scheduled a workshop for March 4, 2015 to discuss the proposed code amendments. Commissioners were asked to provide any written comments to staff by close of business February 17, 2015, which would provide time for staff to review and prepare responses to the comments prior to the March 4, 2015 workshop. Written comments were received from five members of the Commission (Attachment 3). Additional written comments were also received from one member of the public (Attachment 4). All comments received to date are included as attachments to this memorandum. ANALYSIS: All Commission and public comments were reviewed by Town staff and the Town Attorney and were preliminarily organized into one of two categories: editing comments and substantive subject matter comments. Staff has incorporated a number of editing comments into the proposed code amendments where the comments corrected typos, improved readability, added or clarified definitions of key terms, or enhanced the understanding and application of the code. Those editing changes are highlighted in the attached redline versions of the Code (Attachments 1 and 2), as additions or deletions. AliACHWNT 3 Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Page 12 Substantive subject matter comments have been organized and grouped by topic. A staff response follows each subject matter comment. The staff response reflects staff s and the Town Attorney's understanding of the issues raised, and includes suggestions for addressing these comments in the proposed code amendments where appropriate. Staffs intent is to focus the March 4, 2015 workshop discussion on the subject matter. Based on feedback and direction from the Commission at the workshop, staff will bring forward revised code amendments for consideration by the Planning Commission at the meeting of March 25, 2015. Planning Commission actions and recommendations from the March 25, 2015 meeting (or subsequent meetings) will be forwarded to the Town Council for final consideration. In reviewing comments from the Commission and the public, staff identified some additional areas of the code where revisions would further improve clarity and facilitate implementation of the Town's tree protection policies and procedures. These changes are also shown as highlighted additions or deletions. CHAPTER 29 COMMENTS: 1. Heritage Tree Definition Written comments and discussion at the Planning Commission meeting of February 11, 2015 raised the issue of whether the use of the term "Heritage Tree" to designate a broad category of both native and non - native trees for more stringent removal permitting and noticing requirements was appropriate. Staff response The International Society of Arboriculture (ISA) Guidelines for Developing and Evaluating Tree Ordinances notes that communities use a range of terms to describe trees that are considered important community resources including: heritage, historic, landmark, legacy, significant, specimen, or simply, protected trees. Regardless of the term used, the ISA Guidelines goes on to observe, the intent is the same: to identify those trees in a community that are subject to special consideration or protection because of certain characteristics. Among the most common characteristics recognized by ISA for designating a protected tree are: size, species, age, historic significance, ecological value, aesthetics, and location. While there is no standard definition for use of the term "Heritage Tree" recognized by ISA, most Santa Clara County cities use this term for individual trees, groves or plantings specifically designated by the action of a committee, commission or council based on historical or biological significance, or other notable characteristic. Table 1 below provides a summary of neighboring Santa Clara County cities, and how the term Heritage Tree is used: Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Table 1 Santa Clara Cannty (.hies Nmmnlol Page 13 City Use of Term Heritage Tree Campbell Individual trees designated by Historic Preservation Board Cupertino Individual trees designated by Planning Commission Los Altos Individual trees designated by Historical Commission Los Altos Hills Individual trees designated by Council Los Gatos None Milpitas Individual trees designated by Council Mountain View Category of trees defined in City code by size and species Palo Alto Individual trees designated by Council Category of trees defined in City code by size and species San Jose Individual trees designated by Council Santa Clara Inventory included as part of General Plan approved by Council Saratoga Individual trees designated by Council Sunnyvale Individual trees designated by Heritage Preservation Commission As a result of staff's review and in response to initial input from the Commission, staff is recommending that the proposed code amendment be modified to remove the term Heritage Tree from the proposed code amendment. Staff further recommends that the term Heritage Tree be reserved for future use should the Town Council wish to adopt a policy, guidelines and process for designating trees as Heritage Trees, due to their specific historic, biological or community significance. As an alternative to the Heritage Tree designation, staff is now proposing that the code amendment include two tiers of protected trees ( "Tier I" and "Tier II "). Tier II trees would be subject to the more stringent regulations and noticing requirements previously proposed for Heritage Trees. Should the Commission be supportive of this approach, staff would modify the proposed code amendment prior to the March 25, 2015 Planning Commission meeting to eliminate the use of the term Heritage Tree and incorporate the different permit requirements and procedures into the Tier II protected tree classification. 2. Redwood and Cedar Trees Discussion and comments were received regarding the appropriateness of including redwood and cedar trees as Heritage Trees, subject to more restrictive noticing, pruning and removal criteria. Staff Response Although redwood trees are not native to the valley floor, they do foster a strong community connection with the native forests of the Santa Cruz Mountains and Northern California Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Page 14 Coast Range. Along with native oaks, they often comprise some of most significant trees in a neighborhood. Cedars, while not natives, are nevertheless fast growing and like redwoods, often become the most significant and recognized tree on a property or in a neighborhood. Notable examples of these species contributing significantly to the Town's image are the redwoods located in front of Los Gatos High School and the cedar located in the Town Plaza Park which is the focus of the annual holiday tree lighting. Removing Redwoods and Cedars from the Heritage Tree category (now proposed to be called Tier II Protected Trees) would eliminate noticing requirements for removals or major pruning for trees between 24" and 48" in diameter. Because redwoods and cedars comprise some of the largest trees in the developed parts of Town, staff is recommending retaining these species in the Tier II category at the 24" threshold. 3. karate Section for Hillsides Extensive comments were received from the public as well as some Commissioners regarding the possibility of creating a separate section in the code for tree protection policies and requirements in the hillsides, which would differ from tree protection policies in the flatland portions of the Town. Specifically mentioned was the importance of preserving existing native species in the hillsides, including oak woodlands, as well as encouraging reforestation of the hillsides with native species. Staff Response Staff believes the existing Hillside Development Standards and Guidelines (HDS &G) adequately address the special nature and issues associated with development and tree protection in the hillsides. The Tree Protection Ordinance references the HDS &G in several sections, providing a strong linkage between the code and the policy guidelines in the HDS &G. Furthermore, staff believes that site - specific tree protection, replanting, reforestation, and maintenance requirements can be more directly and effectively achieved through the development review process than by separating out hillside standards in the Town Code. 4. Revision of Trunk Diameter Measurement Several comments were received regarding the proposed modification of the trunk diameter measurement used to determine if a tree is protected or not under the code. Several comments were received suggesting that if the measurement of diameter is raised from three feet to four and a half feet as proposed, then the diameter measurement should be reduced accordingly, so that the Town is still protecting the same number of trees. Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Staff Response Page 15 The current standard for protected trees on developed single family residential property is 12 inches in diameter at three feet (except for fruit trees and several slow - growing native species). The standard for non - residential properties is four inches in diameter at three feet above grade. Under the proposed ordinance, the diameter standards would remain the same, but the measurement would be moved from three feet above grade to the industry - standard four and a half feet above grade. Moving the diameter measurement from three feet to four and a half feet above grade is not anticipated to have any substantive impact on the number of permitted tree removals in the Town. Most developed residential tree removal requests are for trees much larger than the 12 inch minimum. Moreover, trees with trunks measured at 12 inches four and a half feet above grade typically have not developed any significant trunk flare that would differentiate them from trees measured at three feet above grade. A discernable trunk flare is even less likely for trees with a four inch diameter measurement, the threshold for non - residential property protected trees. Los Gatos' standard for protected trees will remain very stringent, even with the change to the four and a half foot diameter measurement. Decreasing the diameter threshold would increase the number of very young trees requiring permits for removal and not necessarily result in the preservation of more trees. S. Noticing Noticing is proposed for all removal and pruning permits for Tier II trees (previously called Heritage Trees). Comment were received suggesting noticing be extended from the proposed adjacent/abutting and across the street recommendation to all properties within 150 feet of a tree proposed for removal or major pruning. Staff Response Currently, the Town has no noticing requirements for tree removal requests for private trees. Staff believes noticing for significant tree removal requests (Tier II trees) is desirable and appropriate, and noticing of adjacent, abutting and across - the - street properties provides the most appropriate level of public noticing for tree removals. This noticing would ensure that the most directly affected properties would be noticed without creating significant additional workload or cost impacts. Wider noticing (300' from property lines) would continue to be required in the event of any appeals of tree removal or major pruning requests. 6. Determination of tree risk There were a number of comments suggesting the code would benefit from more clarity and added definitions for terms related to risk, safety hazard, dangerous condition, imminent hazard, etc., particularly where these terms are used for determining whether or not a tree Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Page l6 should be removed on an emergency basis, or whether a tree meets a required finding which would allow a tree to be removed or pruned with a permit. Staff Response The existing code uses a number of risk and hazard related terms often interchangeably and in some cases, without a clear definition of what the various terms mean. Staff concurs that the code would benefit from clarifying and standardizing the use of these terms and adding some key definitions, particularly where the terms are specifically related to the permitting . and decision making processes. The existing code includes a standard of review stating that the ISA Tree Risk Assessment Best Management Practices (BMPs) should be used where appropriate (italics added). Staff is recommending the code provide more specific guidance as to when the Tree Risk Assessment Matrix should be used, and what ratings are required to support which outcomes. Table 2 below presents the ISA Tree Risk Raring Matrix, followed by the recommended mitigation measures associated with the respective risk categories (Table 3) as set forth in ISA's Tree Risk Assessment Best Management Practices. Table 2 - ISA Tree Risk Rating Matrix Likelihood of Failure and Impact Consequences Negligible Minor Significant Severe Very Likely Low Moderate High MVxtrerne Likely Low Moderate High High Somewhat Likely Low Low Moderate Moderate Unlikely Low Low Low Low Table 3 - Recommended Mitigation Measures Risk Cate o Mitigation Measures Trees should be mitigated as soon as possible. Immediate action may be required to restrict access to the potential target zone. High Trees should be mitigated as soon as it is practical. Trees may be mitigated and/or retained and Moderate monitored. Mitigation may be conducted when budget, schedule, or pruning cycles allow. Low Trees should be mitigated, retained and monitored as appropriate. Staff is recommending that the code be amended to clarify that emergency tree removal or pruning be limited to where Extreme or High Risk ratings are present. Additionally, staff is Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Page 17 recommending that both the standards of review and required findings in the code be revised to more clearly reference the ISA Tree Risk Rating matrix and the Recommended Mitigation Measures. 7. Emer _eencies and Emergency action Comments were received regarding the need for clarification of "emergencies" (section 29.10.0975 and "emergency actions" (section 29.10.0975) as well as the follow -up protocol if tree removal or severe pruning is approved on an emergency basis. Staff Response Staff concurs that code would benefit from clarifying the procedures that should be followed and what documentation is required to be submitted to the Town following any authorized emergency tree removal. Staff is recommending that revisions to these sections be incorporated in the revised amended code that will be considered by the Planning Commission on March 25, 2015. 8. Required Findings Staff included in the proposed changes to Chapter 26 (Trees and Shrubs) the addition of a required finding that would provide for removal of a street tree where replacement with a more appropriate species would enhance the Town's urban forest. An example of this cited by staff at the Commission meeting of February 11, 2015 was a theoretical request to remove a small but healthy street tree (e.g. a crape myrtle) with a tree that would provide a more substantial canopy and help unify the street trees along an existing street frontage. Comments were received suggesting that a similar finding should be included in Chapter 29 in conjunction with the removal of private trees. Staff Response Staff believes adding an additional required finding that would permit removal and replacement of trees with more appropriate species on private property is consistent with the intent of the Tree Protection Ordinance and would enhance the Town's goal of nurturing a vibrant urban forest. Removals requests would still need to be evaluated comprehensively using the standards of review, taking into account the existing tree's size, location, and species, before a removal would be authorized. 9. Appeals A comment was received questioning whether appeals of tree removal permit requests under the provisions of Chapter 29 should be considered by the Parks Commission, which is designated as the appeal body for appeals under the provisions of Chapter 26. Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Staff Response Page 18 Staff believes the current appeal process through the Planning Commission for private tree removals is appropriate, particularly since the Planning Commission routinely reviews arborist reports in conjunction with consideration of private land development applications and is familiar with the issues facing private property development. Moreover, the Parks Commissions purview is limited to public property, and not private property issues. As staff was reviewing the code in response to this comment, it was noted that Section 29.10.1045 which sets forth the appeal process, currently limits appeal rights to "any person seeking the director's approval to remove a protected tree..." In consultation with the Town Attorney, staff is recommending that this section be modified to clearly afford appeal rights to any interested person. 10. Native Species Comments were received questioning whether native species should have some additional explicit protection under the code. Staff Response In the current code, slow growing native species have a lower diameter threshold at which they are considered protected trees. With the addition of a Tier II Protected Tree category, broader protection of natives would be provided for in the code. In addition, the HDS &G restrict planting of non - natives to within 30' of a structure, providing strong support for reforesting the hillsides with native species. 11. Master Tree List A question was raised regarding the applicability of the Master Tree List to Chapter 29. Staff Response The Master Street Tree List, which is approved by the Town Council by resolution, only applies to street trees and has no direct applicability to Chapter 29 (which regulates private tree removals and associated replanting). Hence the Master Street Tree List does not restrict or limit the species of trees that can be planted on private property. The only restrictions on private property planting are those contained in the HDS &G. Staffs proposed revisions to Chapter 26 included removing the detailed Master Street Tree List from the code because updates to the list are approved from time -to -time by resolution of the Town Council. Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 12. Replacement Standards Page 19 A number of comments made at the Planning Commission meeting as well as additional submitted comments raised questions related to replacement standards, including whether replacement with natives should be required when a native species is removed. Staff Response The code only sets forth the number and size of replacement trees that are required in conjunction with tree removals. Specific replacements are approved by the Town Arborist (in the case of stand -alone removal requests), or as a part of the development review process (in the case of tree removals that are associated with a development project). Where appropriate, replacement of natives with natives is encouraged by staff. In the hillsides, replacement with natives is provided for in the HDS &G. In reviewing the replacement tree issue, staff noted that the current code (Section 29.10.0985) exempts the removal of hazardous or dead trees from any replacement requirement. As part of staff s addition of definitions related to tree risk, hazards, etc., staff is recommending that this provision be clarified to limit the exempted tree removals to dead, extreme risk, or high risk tree removals only. 13. Pruning Restrictions A comment was submitted regarding how the 25 percent cumulative pruning restriction would be monitored and whether or not it is trackable? Staff Response There is currently no active monitoring of private tree pruning, and there would be no new monitoring of private tree pruning if the 25 percent three -year cumulative restriction is implemented as part of the proposed code amendments. Violations of the 25 percent three - year restriction would be complaint based, and staff would rely on photo documentation such as Google Street view or Google earth photos or other available evidence to determine if a violation has in fact occurred. CHAPTER 26 COMMENTS: Limited comments were received regarding Chapter 26, Trees and Shrubs. One comment was made requesting clarification of what is meant by planting "along a public street' and one comment questioned what was meant by the finding that would authorize removal where "removal of the tree is necessary to repair a geologic hazard." Chapter 26 is primarily focused on the control of and maintenance of street trees, which are typically located in parkway strips between the curb and the sidewalk, or in tree wells within the sidewalks. Street trees may also be located behind the sidewalk where the public right - of -way extends some distance beyond the back of sidewalk, or in locations where there is no Los Gatos Planning Commission Tree Protection Ordinance Workshop March 4, 2015 Page 110 sidewalk and trees are planted behind a curb. Staff has modified the definition of street tree to cross reference the definition of "parkway" to clarify where street trees are typically located. With respect to the finding regarding the need to remove a tree to repair a geologic hazard, this would allow staff to remove a street in instances where repair of land slippage, fracturing, or subsidence of slopes or roadway features, including the need to install or reconstruct retaining walls which required removal of a street tree. Attachments 1. Revised Redline Version Chapter 26 2. Revised Redline Version Chapter 29 3. Comments from Planning Commissioners 4. Public Comments N: \DEV\PC REPORTS \2015W- 14- 002Workshop.doex TOWN CODE Chapter 26 _ PUBLIC TREES AND SHRUB 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 street tree list. Sec. 26.10.035. Planting of trees limited to those on master street 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, FGFeStFy and MaiRtenanGe ServiGes and Public Works or the Director's designated representative. 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 strip 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, curb and gutter.-and4he-Genter-_� side plots - thereof. Street trees means those trees in a public place, or along or within a public street or within a parkway strip. (Code 1968, § 31 -1) ATTACHMENT 1 3/4/15 PC Workshop Memo Page 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 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 TowR WhiCh @FP ROW, or .^ the future will by Feselution of the Town GOURG . The provisions of this chapter are not superseded by sChapter 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 IList. (a) A Master Street Tree List shall be established by resolution of the Town Council.ThKe is hereby established 2 MRFAW GtFeet tree lost GORSisting of the following tFees'. (b) A copy of the Master Street Tree List 66IGh list shall be kept on file in the office of the Director. Revisions, additions or changes in the +»Master Street tTree tList 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) Page 2 Sec. 26.10.035. Planting of trees limited to those on Mmaster Street Ttree Llist. Only those trees which are designated on the mMaster sStreet tTree list and which are approved by the Director shall be planted along the public streets of the Town. (Code 1968, § 31 -8) Sec. 26.10.040. Planting procedure — 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 in such a manner that they restrict the growth of or potentially harm, a street tree.mere thaR thirty six (36) inches in height, ROF GIE)68F thaR twenty four (24) (Code 1968, § 31 -9) eM OR "We Page 3 Sec. 26.10.050. Abuse, mutilation, etc., of trees prohibited. No person shall do any of the following: (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. La _Any trees, shrubs, plants or parts 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 trees which, in the opinion of the Director, endangers the life, health, safety, comfort or property of any persons using such public street, or in such public place, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance. (b) Any Sweet Gum (Liguidambar syraciflua) planted in a parkway strip that has created, or will imminently create persistent and uncontrollable damage to the sidewalk curb and gutter, pavement, or adiacent private property that cannot be reasonably remedied through root pruning or other accepted arboricultural means is hereby declared to be a public nuisance. (Code 1968, § 31 -12) Sec. 26.10.060. Maintenance and removal of trees. (a) The department -ef- a , forestry and maintenanceDepartment of Parks and Public Works sewices is responsible for inspection, maintenance, removal and replacement of all trees in public areas places 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. Page 4 (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. (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 selety- primarily for the convenience of the applicant, then the full cost and responsibility of such removal shall be borne by the applicant-and of the Town Council. (f) Removal of street trees shall be subiect to the Standards of Review set forth in Sec 26 10 062 and the Required Findings set forth in Section 26.10.063 of this Chapter of the Town Code with an approved project. (hf) 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. Rating. . (2) The condition of the tree giving rise to the removal request 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. of the Town Code. (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 age and location of the tree (7) The impact of the tree on the adjacent property and the adjacent public improvements including sidewalks, curb, cutter, pavement drainage lighting or traffic control devices (Ord. No. 2114. §§ I. II. 8 -4 -03) Page 5 Sec 26.10.063. 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. (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 trees to the extent that removal is necessary to ensure the long -term viability of adjacent and more significant trees. 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 removal of the tree is necessary to repair a geologic hazard. (8) The removal of the tree has been approved by the Town Councif as part of an approved Capital Improvement Project. (9) The removal of the tree has been approved by the Town Council Planning Commission or DRC as part of an approved development Proiect. modifications of the affected public improvements. (11) The tree is of a species size or character such that removal and replacement with a more appropriate tree species will enhance the Town's urban forest Sec. 26.10.065. Obstructions at corners of intersecting streets. The owner or occupant of any corner 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 corners; provided, that trees whose main trunks are exposed to a height of seven and one -half (7%) 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 Page 6 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 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. (Code 1968, § 31 -16; Ord. No. 2018, § III, 8 -5 -96) Page 7 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. 29.10.0982. Applications for Heritage Tree pruning permit Sec. 29.10.0985. Determination and conditions of permit. Sec. 29.10.0990. Standards of review. Sec 29.10.0992. Required Findings. Sec 29.10.0994. Additional procedures for Heritage Tree removal or 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. Severability. Sec. 29.10.1040. Notices. Sec. 29.10.1045. Appeals. Sec. 29.10.0950. Intent. This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus, Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees contribute significantly to the value of land in the Town. It is the intent of this division to regulate the removal of trees within the Town in order to retain as many trees as possible consistent with the purpose of this section and the reasonable use of private property. It is the intent of this division to preserve as many protected trees as possible throughout the Town through staff review and the development review process. This section does not supersede the provisions of &visien-Chapter 26 of this Code. ATTACHMENT 2 3/4/15 PC Workshop Memo Page (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.0955. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section. Building envelope means the area of a parcel that (1) upon which, under applicable zoning regulations, a structure may be built outside of required setbacks without a variance or; (2) that is necessary for the construction of primary access to structures located on the parcel, where there exists no feasible means of access which would avoid protected trees. On single - family residential parcels, the portion of the parcel deemed to be the building envelope access shall not exceed ten 00} -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 deciding bedy Director, - Development means any work upon any property in the Town which requires a subdivision, rezoning, planning permit, gene, 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 three 4.5 feet (3654 inches) above natural grade. Measurement of multi - trunked trees shall be determined by the sum of all trunk diameters measured abeve the trunk uRieRat 4.5 feet (54 inches). Director means the Director of Community Developme t, Director Gf Parks and Public Works Development or the dDirector's designated representative. Dripline area means the area around the trunk of the tree extending out a distance ten times within V distaRGe fFOM the peF meter of the trunk of the tFee At thrAR feet (36 iRGhes) above natural the diameter of the trunk, as ^ 6UF8d at three feet • (thiFt s x iRGhe .. s) or the perimeter of the tree canopy, whichever is greater. circumference). Protected tree means a d many bFanGheG- it may appear W have several stems or trURkS and is usually GVeF ten (10) feet high at maturity. A t•ee iR the protected t•ee Gateger ° tree regulated by the Town of Los Gatos (as set forth in Section. 29.10.0960, Scope of protected trees.] Pruning means the selective removal of plant parts to meet specific goals and objectives, including but not limited to sashaste: safety and risk reduction clearance health maintenance; nenketaesthetic improvement; growth control; and to enhance performance or function by developing and preserving tree structure and health. All pruning shall be in accordance with the current version of the International Page 2 Management Practices —Tree Pruning and -(ANSI A300 -Part 1 Tree, Shrub Public nuisance, , means any trees, shrubs, plants or parts thereof growing in, or overhanging, a public street or right -of -way, OF upon private prepeFty, interfering with the use of any public street or public place in the Town, or trees which, in the opinion of the Ddirector, endangers the life, health, safety, comfort or property of any persons using such public street, or in such public place, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance. Public street means all or any portion of territory within the Town set apart and designated for the use of the public as a thoroughfare for travel including the sidewalks curb and putter. Remove means any of the following: (1) Complete removal, such as cutting to the ground or extraction, of a protected tree; (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to severe pruning, cutting, girdling, poisoning, overwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree. Severe pruning means topping or removal of foliage or significant scaffold limbs or large diameter Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15) feet high at maturity. Significant impact on a propert y from a tree erg -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 not requiring a permit under this division, and leaf removal and minor damage to paving or fences shall not be considered when making a determination of significant impact. Street tree means these a trees in a public place, or along or within a public street or right -of -way Tree means a woody perennial plant characterized by having a main stem or trunk or a multi stemmed trunk system with a more or less definitely formed crown and is usually over ten feet high at maturity. Tree protection zone (TPZ) means the area of a temporary fenced tree enclosure under the tree's dripline or as specified in a report prepared by a certified or consulting arborist. The TPZ is a restricted activity zone where no soil disturbance is permitted unless approved and supervised by the certified or consulting arborist. Page 3 Tree canopy replacement standard means a replacement tree formula to mitigate removal of a protected tree. The standard is based on measuring the widest distance across the canopy of a tree for the purpose of determining the mitigating size and number of replacement trees. Tree value standard means the method of appraising a tree's value to a property using the Ttrunk Fformula Method or Replacement Cost Method as described in the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species Classification and Group Assignment by the Western Chapter of the International Society of Arborists I(�. Undeveloped lot MeaRG aRy t that is 6 Rf'G__ 1 Linder developed _ _41 .1 against .,....-.. t zoning. ParGeIS that feature reads, walls, !andSE;apiRg er other SUGh impmyewents are GGRGideped undeveloped (See also, vaGaRt 9t). -Vanant Or mpans aRy lot featuring existing development that is no lGRgGF GGGYpied or othGFWise Ir SPA --rr' a (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 2 1( ") 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 - eighteen inches (42 18 ") inshesor greater diameter or mam of c...^: diameter (thiFty seven and one half RGh GirGurnfereneefifty-six and one -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) located on developed residential propert y: a. Blue Oak (Quercus douglas6) b. Black Oak (Quercus kellogii) c. California Buckeye (Aesculus californica) d. Pacific Madrone (Arbutus menziesh) (3) All trees which have a four -inch or greater diameter (twelve and one half -inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. (4) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject of such approval or otherwise covered by subsection (25) of this section (e.g., landscape or site plans). (5) Any tree that was required by the Town to be planted or retained by the terms and conditions of a development application, building permit or subdivision approval in all zoning districts, tree removal permit or code enforcement action. any trunk and ape located on a vaGaRt let 9F undeveloped prepeFty. (� (76) All trees, which have a four -inch or greater diameter (twelve and one half -inch circumference) of any trunk and are located on property other than developed residential property. Page 4 (87) All publicly owned trees growing on Town lands, public places or in a up blic right -of -way easement, which have a four -inch or greater diameter (twelve and one half -inch circumference) of any trunk. (98) A protected tree raay -shall also include be a stand of trees, the nature of which makes each dependent upon the other for the survival of the stand. (489) Heritage Trees. (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.0965. Prohibitions. Except as provided in section 29.10.0970, it shall be unlawfulfieFanyene: (1) To remove or cause to be removed any protected tree in the Town without first obtaining a permit pursuant to this chapterde -se. Permit pursuant to this chapter. (4) To conduct severe pruning as defined in Sec 29 10 0955 without first obtaining a permit pursuant to this chapter. (52) For any person or business entity engaged in the business of removing trees or tree care to obtaining a permit under this division. This The permit shall be on -site at all times during the removal or permitted pruning of a tree and must be made available upon request from the Chief of Police, Code Compliance Officer, Director of Parks and Public Works Department, or their designee. (Ord. No. 2114, §§ I, II, 8 -4 -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 Director. Town Manager, the Town - Engineer the Waafling-- DiresteF -the Parks and Public 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 following trees that are less than 24 inches in diameter (75 inches in circumference): Black Acacia (Acacia melanoxylon) Tulip Tree (Liriodendron tulipifera) Tree of Heaven (Ailanthus altissima) Blue Gum Eucalyptus (E. globulus) Page 5 Red Gum Eucalyptus (E. camaldulensis) Palm (except Phoenix canariensis) Privet (Ligustrum lucidum) (Ord. No. 2114, §§ I, ll, 8 -4 -03) Sec. 29.10.0975. Emergency action. A person may remove or severely prune a protected tree without a permit if there is an emergency caused by the protected tree being in a hazardous or dangerous condition--requiring immediate corrective action to abate the condition. In such event, the property owner or representative shall be responsible for the following notification: (1) Notify the Town Parks and Public Works Department during business hours or the-Police Department after business hours] prior to removal or pruning in order to confirm the emergency situation. If the Town confirms the emergency situation pursuant to Section 29.10.0970 (1), photo documentation and written verification by the property owner or tree service pruning or 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 submit to the dDirector the documentation required above and in section 29.10.0980 or section 29.10.0982. If the dDirector determines that the condition was not reasonably determined to have been an emergency requiring immediate action, the person responsible for removing or damaging the protected tree shall be subject to fines and penalties as set forth in section 29.10.1025. (Ord. No. 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 or severe pruning permit for trees on private property shall be available from and filed with the GamMURty DevelopmeRt DepaFtmeRtTown as indicated on the application. Application submittals for the removal of trees on public property (street trees) are provided for in Chapter Section 26.10.060 of the Town Code. Applications for tree removal or severe pruning on private property may be granted, denied or granted with conditions. Application submittals for removal or severe pruning of trees on private property shall include the following minimum information for staff review: (1) A completed tree removal application form, signed by the property owner 9F agent. (2) A written explanation of why each tree(s) should be removed or pruned and how it meets the Town's standard foF allowable rernevalStandards of Review. (3) Photograph(s) of the tree(s). (4) If required by the Ddirector, a certified or consulting arborist's written assessment of the tree's disposition shall be provided for review by the Town. The report shall be en— cempaay le "°adsigned by the arborist and include tree size (diameter, height, crown spread); location on the site; numbered on a site plan or arborists tree survey (if there is more than one tree); condition of health; condition of structure; and if hazard -tree risk findings apply, a a. IRA in the report. Other information, images, etc. may be Page 6 (5) Payment of Rpermit 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. (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. oirectiv causeo by the tree. (6) Payment of permit fee, as established by Town resolution Sec. 29.10.0985. Determination and conditions of permit. The Director shall determine whether to grant athe permit. The ddirector 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 !;Axwdeus -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 ^' s o a o tir n r 9epartmentDirector 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 Dorp t� ^r Parke and Pub"G Works DePaFtFReR Director, 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 or trees cannot be reasonably planted on the subject property, amount set forth by the Town Council by resolution shall be the valu shall be paid to the Town €erestFy FundTree Replacement Fund to: a. Add or replace trees on public property in the vicinity of the subject property, or Page 7 b. Add or replace trees or landscaping on other Town property, or-. ReplaGement value of -a tree shall be dBtGFFRjmed using the most FeAent t-dition of the Guide feF Plant Appra Sal, as prepaFed by the GeunGil of TFee and LandFG2pe AppFaisers. c Support the Town's urban forestry management program. r -'— rnl l� l�n �,�lz tFee Twe aA 'eGti be � e (NI'.. ...1 TL.ee 24 inch be.. sLe CO U eN a_ nit,.... n�o G•ee QRe r r� Tbox "`° : _.. r-eepy of the . e.l t.ee distance the eamepy) aGF9SS O Feet �4#eet�� � 1n Fxv- rccr]>c�—fc%z i]OFw Cv .7A' eh be..s box gF?Gq F?p �.._ T..,.. ]G' el. M..... T..,n 49 ' ..1. hem GGS�OTCGT 56fee+ 69 fee I 69 feet ii ]G :..GM bex plus prow two 48 iReh bex size } l }beiew a w (Ord. No. 2114, §§ I, II, 8 -4 -03) Table 3 -1 - Tree Canopy - Replacement Standard Canopy Size of Removed Tree Replacement Reguirement2'" Single Family Residential Replacement Option;'" Page 8 10 feet or less Two 24 inch box trees ITwo 15 gallon trees More than 10 feet to 25 feet Three 24 inch box trees Three 15 gallon trees More than 25 feet to 40 feet Four 24 inch box trees: or Four 15 gallon trees Two 36 inch box trees More than 40 feet to 55 feet six 24 inch box trees: or Not Available Three 36 inch box trees Greater than 55 feet Ten 24 inch box trees: or - Not Available Five 36 inch box trees Notes '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. this division application for a tree removal permit required by (1) The condition of the tree or trees with respect to_ fandisease, (b)imminent danger of falling, or (cc structural failure, Ud proximity to existing or proposed structures seki#ied arberist, (?) structural damage to a building, orb a public nuisance caused by a tree. (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. Page 9 (3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent with the neighborhood. (4) The number of trees the particular parcel can adequately support according to good urban forestry practices, or whether a protected tree is a detriment to or crowding another protected tree. (5) In connection with a proposed subdivision of land into two (2) or more parcels, the removal of a no protected tree shall be removed URIeSs removal is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.)_ The tree (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 SUGh a case, the removal shall be Cede (7) The Hillside Development Standards and Guidelines, surreal - version. (8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's aesthetic and biological significance; the topography of the land and the effect of the removal of the tree on erosion, soil retention, or diversion or increased flow of surface waters. (9) Whether the Protected Tree has a significant impact on the property. Significant impact from a tree is defined in Sec. 29.10.0955. Definitions. (10) The species size (diameter, canopy, height) estimated age and location on the property of the protected tree. (Ord. No. 2114, §§ I, ll, 8 -4 -03) Sec 29.10.0992 Required Findings The Director Director's designee or deciding body shall approve a protected tree removal permit severe pruning permit Heritage Tree removal permit or Heritage Tree pruning permit only after making at least one of the following findings: (1) The tree is dead severely diseased decayed or disfigured to such an extent that the tree is unable to recover or return to a healthy and structurally sound condition. (2) The tree or some of its maior 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 adiacent and more significant trees. (4) The retention of the tree restricts the economic enioyment 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. Commission (FERC) rules or regulations. (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. Page 10 (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 cannot be made. (_3) The Director shall reviews the application using the Standards of Review set forth in Section 29.10.0990 and the Required Findings set forth in Section 29 10 0992 (5) Fending Issuance of Tree Removal Permit' to notify the Director in writing of any concerns or problems. also be issued. Planning Commission meeting. Sec. 29.10.0995. Disclosure of information regarding existing trees (a) Any application for a discretionary development approval, or for a building, grading or demolition permit where no discretionary development approval is required, shall be accompanied by a signed tree disclosure statement by the property owner or authorized agent which discloses whether any protected trees exist on the property which is the subject of the application, and describing each such tree, its species, size (diameter, canopy dripline area, height) and location. This requirement shall be met by including the following information on plans submitted in connection with the development application. (b) !a- addltien tlhe location of all ether -trees on the site and in the adjacent public right -of -way which are within thirty (30) feet of the area proposed for development, and trees located on adjacent property with canopies overhanging the project site, shall be shown on the plans, identified by species size (diameter, canopy, dripline area height) and location. (c) Within the dripline area or area that would affect a protected tree, the location of shrubs and other vegetation subject to development shall be shown on the plans. Page 11 (d) The director may require submittal of such other information as is necessary to further the purposes of this division including but not limited to photographs. (e) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading, trenching or paving. (f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this division. (Ord. No. 2114, §§ I, II, 8 -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 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 or Heritage trees; (4) In addition, for trees four (4) inches in diameter or larger, the plan shall specify the precise location of the trunk and crown spread, and the species, size (diameter, height, crown spread) and condition of the tree. (b) The tree survey plan shall be reviewed by the Town's consulting arborist who shall, after making a field visit to the property, indicate in writing or as shown on approved plans, which trees are recommended for preservation (based on a retention rating of high /moderate /low) using, as a minimum, the Sstandards of Review set forth in section 29.10.0990. This plan shall be made part of the staff report to the Town reviewing body upon its consideration of the application for new property development; (c) Tree presewaten report. When development impacts are within the dripline of or will affect any protected tree, the applicant shall provide a tree preservation report prepared by a certified or consulting arborist. The report, based on the findings of the tree survey plan and other relevant information, shall be used to determine the health and structure of existing trees, the effects of the proposed development and vegetation removal upon the trees, recommendations for specific precautions necessary for their preservation during all phases of development (demolition, grading, during construction, landscaping); and shall also indicate which trees are proposed for removal. The Ttree Rpreservation Rreport 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 Ttree Rpreservation Rreport 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 roo tect all trees recommended for preservation by the directerTown's consulting arborist. The Town reviewing body may determine that-if any of the trees recommended for preservation should be removed, if based upon the evidence submitted the reviewing body determines there °:ide^ee s.,b^.'Ated, that due to special site grading or other unusual characteristics Page 12 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 replasement -value of all trees included in the tree report affected by the development that are required to remain within the development using the Tree Value Standard methodology as set forth in this Chapter. The appraisal of each tree shall recognize the location of the tree in the proposed development. The appraisal shall be performed in accordance with the current edition of the "Guide for Plant Appraisal" published by the Council of Tree and by the Western Chapter of URdeF the awspi cc of the International Society of Arboriculture. The appraisal shall be performed at the applicant's expense, and the appraisal shall be subject to the dDirector's approval. b. The site or landscape plans shall indicate which trees are to be removed. However, the plans do not constitute approval to remove a tree until a separate permit is granted. The property owner or applicant shall obtain a protected tree removal permit, as outlined in section 29.10.0980, for each tree to be removed to satisfy the purpose of this division. (d) Prior to acceptance of proposed development or subdivision improvements, the developer shall submit to the dDirector a final tree preservation report prepared by a certified or consulting arborist. This report shall consider all trees that were to remain within the development. The report shall note the trees' health in relation to the initially reported condition of the trees and shall note any changes in the trees' numbers or physical conditions. The applicant will then be responsible for the loss of any tree not previously approved for removal. For trees that are ^ct protected trees, WhiGh weFe F8moved, the deV8IGP8F shall pay a fiRe n the aFn96IRt equal to the appraised value of the subjeGt tree. For protected trees, which were removed, the developer shall pay a fine- ep nalty 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. (e) rior to issuance of any demolition, grading or building permit, the applicant or contractor shall submit to the Bbuilding Ddepartment a written statement and photographs verifying that the required tree protection fence is installed around street trees and protected trees in accordance with the Ttree Rpreservation Rreport. (f) If required by the dDirector and conditioned as part of a discretionary approval, a security guarantee shall be provided to the Town. Prior to the issuance of any permit allowing construction to begin, the applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required to be preserved, or twenty -five thousand dollars ($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of one (1) year following acceptance of the public improvements for the development and shall be forfeited in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be preserved are removed, destroyed or severely damaged. (g) An applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done using directional boring, air -spade excavation or by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arborist. (h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any development approval condition concerning preservation, protection, and maintenance of any protected tree. Page 13 (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- ive45}-e aix (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 preservation plan, posts may be supported by a concrete base. (2) Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2 -inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. (3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or construction begiNS- permits are issued and remain in place until the same are completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence. (4) Warning sign. Each tree fence shall have prominently displayed an 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 dDirector. (3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree. (4) Prohibit the attachment of wires, signs or ropes to any protected tree. (5) Design utility services and irrigation lines to be located outside of the dripline when feasible. (6) Retain the services of thea certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may poses a potential threat to the health of the trees to be preserved and shall document all site visits. (7) The Ddirector 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) Page 14 Sec. 29.10.1010. Pruning and maintenance. and any special conditions as determined by the dDirector. For developments, which require a tree preservation report, a certified or consulting arborist shall be in reasonable charge of all activities involving protected trees, including pruning, cabling and °.«`ate other work if specified. (1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a protected tree shall obtain permission from the dDirector before performing any work, including pruning, which may cause injury to a protected tree. (e.g. cable TV /fiber optic trenching, gas, water, sewer trench, etc.). (2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance with the current version of the American National Standards Institute (ANSI) A300 (Part 1)- Pruning, Section 5.9 Utility Pruning. Using spikes or gaffs when pruning, except where no other alternative is available =is prohibited. (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 or, Chapter 26 of the Town Code or the Hillside Development Standards and Guidelines.. tThe 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 Whenever an Enforcement Officer charged with the enforcement of this Code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation. Page 15 (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 to the reasonable satisfaction of the Director. Mitigation measures as determined by the dDirector 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 dDirector or forwarded to the Planning Commission with a recommendation for denial at the dDirector'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 dDirector, 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 dDirector. 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 4a.4 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 street tree deposit aeGGu44Tree Replacement Fund. Replacement value for the purposes of this section shall be determined utilizing the most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree and Landscape Appraisers and the Species and Group Classification Guide published by the Western Chapter of the International Society of Arboriculture. Page 16 c. If the court or the dDirector directs a replacement tree or trees to be planted as part of the remedy tefor 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, 11, 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 or pruning 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 division which can be given effect without the invalid provision or application, and to this end the provisions of this division are declared to be severable. (Ord. No. 2114, §§ 1, 11, 8 -4 -03) Sec. 29.10.1040. Notices. All notices required under this division shall conform to noticing provisions of the applicable Town Code. Sec. 29.10.1045. Appeals. Any interested person may appeal a decision of the seek44g44 e-director's approval to remove -a •^' ^P tee' tree pursuant to this division who is aggrieved by a deGisien of the direGtoF may appeal sl - Ch desisien in accordance with the procedures set forth in section 29.20.260 255 f the Town Code. All appeals shall comply with the public noticing provisions of section 29 20 450 of the Town Code (Ord. No. 2114, §§ I, 11, 8 -4 -03) Page 17 This Page Intentionally Left Blank Joel Paulson From: Joanne Talesfore <Joannet @id- 3d.com> Sent: Monday, February 16, 2015 8:47 PM To: Joel Paulson Subject: Tree Protection Ordinance Comments Proposed Amendments to Chapter 29 Tree Protection Ordinance Comments: Master Tree List: How is this list used and related to heritage, native, and protected. The role of definitions - Need to qualify the word 'significant' to be structural, unsafe due to, costly to repair, etc. Otherwise significant becomes one thing to one person and one thing to another. Or eliminate it and use another word qualifier. By definition, the words'Imminently' and 'potential' are "in the future" and have about the same in meaning - only by degree are different. While actual damage or damaging is in the present and is happening right now, all trees near houses, have the potential to damage a structure, the differentiator is if the tree in question is actually damaging the house or foundation 'in the present'. Therefore words should reflect that meaning and be proven with photos, arborist reports, structural engineers that the tree is currently damaging structures, and not allow for grey areas. and can be proven and shown. Potential then is not a good word. Definition of diameter to industry standard - Agree with the 4.5 DBH because measuring a tree higher- allows it to live longer before a permit is needed to take it out thereby allowing the homeowner the discretionary time to more realistically access any negative impact. Heritage tree - A tree 'historically' contributes to the sense of place in Los Gatos and or designated species native to the area in which the tree is grown /exists and possess the measured trunk circumstance. Species native to the flatlands and rolling hills could be designated heritage trees. In some exceptional cases, a redwood tree can be considered 'heritage' if it is 48" in diameter and has historical significance. Issues and Concerns with Redwood /Cedar trees: Redwoods are'native' to the Santa Cruz mountains area that surround Los Gatos. Some have been found in the hills of Los Gatos but this area was dominated by oak trees and scrub brush. Redwood trees are not conducive to residential environments as in general they shade the sun, eliminate other native species, grow tall, damage foundations, and in general decrease the enjoyment of adjacent properties at full growth - and while growing to full growth. Unless of course the redwood is on a large parcel of land. privacy screens. Redwoods should not be encouraged in neighborhoods for Please eliminate redwoods from any Heritage, Native or Protected list unless there is an outstanding reason that supersedes their negative impact. For sure do not recommend in residential developments unless there is the acreage to accommodate their enormous growth pattern. Redwoods are forested trees. Not neighborhood friendly trees. Cedar trees are also questionable in residential settings. Other questionable trees are Italian Cypress. ATTACHMENT 3 3/4/15 PC Workshop Memo New Developments and Replacement Trees: Recommendation by Town for Oak Trees /Native trees in new developments or as replacement trees. Replacement trees : If the lot area can maintain a canopy that is not negatively affected by the on site tree removal, replacement trees can be planted in other areas of Town. Pruning limitations - Revised 25% maximum pruning limitation to a cumulative 3 year period. Who tracks this? Is this trackable? Tree Canopy Replacement Standard: the word "encourage" weakens the intention of replanting with trees that are native. The recommendation from Dave Weissman to divide Chapter 29 into two sections - one for hillside trees and one for non - hillside trees has merit. I would consider this if it clarifies any decision making process by Town. Lee Quintana's recommendations are thoughtful and should be considered in changes especially these areas: definitions of 'high risk" /'immenent hazard'. Sent from my iPad 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. 29,10.0982 Applications for Heritage Tree pruning permit Sec. 29.10.0985. Determination and conditions of permit. Sec. 29.10.0990. Standards of review. SkF29,10.0992 Repuw>dFinding< Sec. 29 10 0994 Additional procedures for Heritage Tree removal or pruning ermits. 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. Severability, Sec. 29.10.1040 Notices. Sec, 29.10.1045, Appeals. Sec. 29.10.0950. intent. This division is adopted because the Town of Los Gatos is forested by Oak, Bay, Eucalyptus, Sycamore, Redwood, Pine and other trees, and contains individual trees of great beauty. The health and welfare of the citizens of the Town require that these trees be saved in order to preserve the scenic beauty of the Town, prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees contribute significantly to the value of land in the Town. It is the intent of this division to regulate the removal of trees within the Town in order to retain as many trees as possible consistent with the purpose of this section and the reasonable use of private property. It is the intent of this division to preserve as many protected trees as possible throughout the Town through staff review and the development review process. This section does not supersede the provisions of divisinwchapter 26 of this Code. Page 1 (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec. 29.10.0855. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section. Building envelope means the area of a parcelAd�(1) upon which, under applicable zoning regulations, a structure may be built outside of required setbacks without a variance or; (2)ds 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 (I )' f 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 _ < Development means any work upon any property in the Town which requires a subdivision, ;ornmunity acs, 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 AbalLl made feet (. - inches) above natural grade. Measurement of multi - trunked trees shall be determined by the sum of all trunk , ,:, ,:_ :s measured above the trunk unieaat 4.5_fe�et 154 inched above natual gram. Director means the Director of Community Develepraera - 8irester ef- aarks- - Fr--b' G Jerks D�ev�elopmt nt cu the .,r,irector's designated representative. Drip6ne area means the area around the trunk of the tree extending out a distance ten times within -X distanseliem the per+rneter-et 44e- trunk-4 4he4resat4hreaieet�36-Insh above- natural, grade, where X equalsa- disiaasetentimes the diameter of the trunk, as+neasuredal -three feel-ffhiFty-s+>Etnchesj 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 free category means a tree regulated by the Town of Los Gatos as set forth in Section. 29.113.0960, Scope of Protected Trees. Pruning means the selective removal of plant parts to meet specific goals and objectives, but not &a,.nv, it, -safety �,, improvement, growth control and to enhance performance or function by developing and preserving tree structure and health ail pruning shat, in accordance with the current version of the Page 2 ooaely of Arboricuitu t Best Management Practices —Tree Pruning and {ANSI A300 -Part I. Tree, Shrub and Other Woody Plant Manz emeni— Standard Practices, (Pru —n) _inq _; Ses+ety of Arberisulttar�,{1SA) presueeA 4�,y the- 7nieraafienal Public nuisance, as deegr+t4j-r of � Seetien 2g 44-9.59, means any treer5, shrubs, plank or parts thereof ' ` W l growing in, or overhanging, a public street or right -of -way, or ivaM preperty interfering with the ,,A!,. use of any public street or public place in the Town, or trees which, in the opinion of the ;.irector, a r"k endange%3the life, health, safety, comfort or property of any persons using such public street, or in such rdd, {,:,at 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. a� Remove means any of the following: (1) Complete removal, such as cutting to the ground or extraction, of a protected tree; (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to severe pruning, cutting, girdling, poisoning, overwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree. Severe pruning means to m a -or removal of foliage or stnniflrarn arnfWb r �. aad- siere�rea�i a- tree -aa- -any s >irg ceme�al of toliaQe de.r6 +inbalansing er- u�hap&4ofa -tree: Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15) feet high at maturity. Significant impacts /rpm "a tree on a- preperfy 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. r`i Street tree means,thos`ee trees" in a public place, or along or within a public street or right -of -way. Topping means the prach4 of cutting back large diameter branches of a tree including but not limited to cutting of a central leader, to some predetermined lower height to reduce the overall height of the tees, where the remaining twtls stubs or lateral branches are not iaroe enough to assume ,a terminal role. Nearfrng 9asAC si fdaessswn andler ereaHmgaarettugs � +wthoaf regarrlia term. Tree protection zone (TPZ) means the area of� temporary fenced tree enclosure under the tree's dripline or as specified in a report prepared by a certified or consulting arborist. The TPZ is a restricted activity zone where no soil disturbance is permitted unless approved and supervised by the certified or consulting arborist. Tree canopy replacement standard means a replacement tree formula to mitigate removal of a protected tree. The standard is based on measuring the widest distance across the canopy of a tree for -'the purpose of determining the mitigating size and number of replacement trees. Tree value standard means the method of appraising a tree's value to a property using the ;trunk Fformula Method or Reolacement Cost Method as described in the most recent edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (CTLA) and the Species Classification and Group Assignment bby he Western Chapter L( SA) Of the International Society of Artwrisfs 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. 28.10.0960. 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 ,,., . (32 18 ) xachee or greater diameter of moreef ihe- sura diameier (thirty -set -. - s samferencefN -six and one-half inch circumference) Of it a 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 douglasir) b. Black Oak (Quercus kellogh) c. California Buckeye (Aesculus califomica) d. Pacific Madrone (Arbutus menziesh) (3) All trees which have a four -inch or greater diameter (twelve and one half -inch circumference) of any trunk, when removal relates to any rev Ew 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, meter (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. r :' t (8) All publicly owned trees growing on Town lands, public places or in q; right -of -way easement which hwie..i, tuur rtd, 0, g,L trunk. (9) A protected tree aatsc+-be a stand of trees, the nature of which makes each dependent upon `fp lf�Ce'other f&lhe survival of the stand. L10 Nenia e T Measuremen of trunk diameter Ina ,circumference for the purpose of applying this section shall be made (3)4_5 feet 54 it s above natural grade. Measurement of multi- trunked trees shall be determined by the surn,9f,91T trunk diameters a4 i +unnb measured g'6w- ichesl above naiur rade. (Ord. No 2114, §§ 1, II, 8 -4 -03) Page 4 Sec. 29.10.0965. Prohibitions. Except as provided in section 29.10.0970, it shall be unlawful +r= a; (1) To remove or cause to be removed any protected tree in the Town without first obtaining a permit pursuan<to this enactered se. (4)._ To conduct severe prunino as defined 3n Sec. 29.10.0955 - .,•' f ` (s.) For any person or business entity engaged in the business of removing trees or tree {care'to remove6a�rotecled tree without a permit under this division. This permit shall be on -site at all times during the re4oval of a tree and must be made available upon request from the Chief of rt Police, Code Compliance Officer, Director of Parks and Public Works Department, or their designee. (Ord. No. 2114, §§ I, 11, 8 -4 -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 iAecicui, Town Manager, 4* T~ EFIgneer, the P48aain9- 0*estw, the Perks aq,a E 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 fO4iOWin0 frees tbat are less than 24 inches in diameter ,f 75 inches in circumference) (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 if there is an emergency caused by the protected tree being in a hazardous or dangerous condition requiring immediate corrective action to abate the condition. In such event, the property owner or representative shall be responsible for the following notification: (1) Notify the Town Parks and Public Works Department during business hours of the/ -- Police Department after business hours! prior to removal in order to confirm the emergency situation: if the Town ponfirms . the emergency situation Puj pua[it, tci. StLttiui,t 29.10 0970 (1j, photo Page 5 documentation and written verification by the property_ owne,_ c tree service removing the -tree wilt.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 submit to the i irector the documentation required above and in section 29.10.0980 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 or severe runm permit for trees on private property shall be available from and filed with the ,<,,nu�y Devgcovmerix DaparirnentTown as indicated_.on the z:pp6eation. Application submittals for the removal of trees on public property %street trees) are provided for in fhapter Sec, _; 26.10.060 of the Town Code. Applications for tree removal orVvvere puning on private propert y may be granted, denied or granted with conditions. Application submittals for @moval�or severe pruning of trees on private property shall include the following minimum informs ion for or staff review:' - (1) A completed tree removal application form, signed by the property ownereWagent. -,'ur 0% (2) A written explanation of why bd tree(s) should be removed ;tuned and how it meets the Town's mandardiwatiewable remevalStandards of Review. (3) Photograph(s) of the tree(s) (4) If required by the irector, a certified or consulting arborist's written assessment of the tree's disposition shall be provided for review by the Town. The report shall be oaxompany letterhead and include tree size (meter, height, crown spread), location on the site; numbered on a site plan or arborists tree survey (if there is more than one tree); condition of health; condition of structure; and if hazard tree _u;, findings apply,cx— Latina- ilowTree Risk Assessment and Rating must be cmnt of the Tree Risk Assessment Best Management Practir; ,ublished by_the International Society of Arboriculture . Other information, images, etc. may be included in the report. buildings structures improvements or utilities would be dir c I caused by the tree (5) Payment of Ppermii fee, as established by Town resolution. (Ord. No. 2114, §§ 1, 11, 8 -4 -03) Sec. 29.10.0982. Applications for Heritage Tree pruning permit. L1) A completed Heritage Tree pruning permit. signed by the property owner. Page 6 (3) Photographs of the tree iudicatinq as best possible where pruning is to occur. 14) if required by the Director. _a certified or consulting arbonst's written report describing the proposed pruning & Payment of Permit fee as established by Town resolution. s r. Sec. 29.10.0985. Determination and conditions of permit. p�,;te S` The 8irester tai /e 6arnrnanty DevetopmerHO{rector shall determine whether to grant *hf permit. The r {,irector 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, includin lot line adjustment, is under consideration by the Planning Commission, the determination on the Ire removal permit shall be made concurrently by the Planning Commission with the related matter. T Ddirector or the deciding body shall impose, except when removal is permitted if the tree is dead or a hazni,& is) dsKcondition exists, as a condition on which a�rptected tree removal permit is granted that two or more replacement trees of a species and a size designated by the the �D irecierOt-- Rarks­aPA f' hl*� WW4j6 Department , shall be planted in the following order of preference: (1) Two (2) or more replacement trees, of a species and size designated by the C�ireet ©r_ei parks andhirWisS4rerJcsbe ee:cwr, 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 o, c_ cannot be reasonably planted on the subject property, an in -lieu Payment in an amount set to' ?t. p tt,e i own Council by resolution shall be the value 4D"he- remo�i shalf be paid to the Town Ferestq-FagdTree Replacement Funtl to: a. Add or replace trees on public property in the vicinity of the subject property, or b. Add or replace trees or landscaping on other Town property; or; Reptaeement value a{ a treeskaalt -�a deterr»ir usiaQ ike arrest resent"riitien eft Apprai ,ass Prepared by theCeuncittat Treeand I andscapa- Appraisers. c Support the Town's urban forestry management P- rogram fable 3-1 - Tree Canopy- , - __ ..._. .. .. _. .. I t-arrepyoftk+er mevre -tree Alter.At.eIFPP ( A4axir» t+rndisiarraafH�ss- ihe- Eape{3y) , i 44eef- -9 4eet - �3 we-, 2a- inc- t�keac- sixe{A4�r�irHUrej Sae- A6aaEpbe.>vsize i Page 7 �l feet -2-7 Joe+ I. Tk+ee 2.4 inch- be>, -sitF (' 28 feet— �#eet t- aUF- 2AinEk+l�ex3ite 404eet --36 feet S+Y,24 4444-bah site i 46 feet -68 Joe+ ' Two- 2A- irc*bax-and 4wo ';46 ine-hbo* Plus 4we48anth hom site 60 feel � rl>elaw Two-0$- ir+ehhe+iiae : lave"4W4 )SN Aim Two 48 :.r, Tbe), -, m .'bedew ••'below U" Table 3-1 Table 2-l- -&- matrix terrrwla- used -10 determine how many Nbes -" Ibe- rerfwrad40E- *lanbr>EJ -1e appFa*miate 4he 4(rA oaRep of the keo- eveF+he worse of+en 1404 YeaF6 with raiederate -caFe- (1) 7e measure anasymmetnsaFSanePysta tree, the wide& t- MeasuFament'ehal fie - -used 40 determr r+e t;anaPy size: (2) Often - A i& -raot p066ible 40- FePlase a- single large, alder tree wth an equivalent tFae(&).- 4n 44W bare,- The 4ree shall -be repla& with a combinational 4 0th4he Tree Can Hand -Tree Value Standards a& 4eferam4ed *4hedxeater. (Ord. No. 2114, §§ I, II, 8 -4 -03) table 3 -1 - Tree Canopy - Replacement Standard Canopy Size of Removed Tree' 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 Notes Replacement I Requirement''' Two 24 inch box trees Three 24 inch box trees i Four 24 inch box trees of :Two 36 inch box trees -Six 24 inch box trees: or Three 36 ineh_ box trees Teri 24 inch box trees._o_ r Five 36 inch box trees Sincle Familv Residential Replacement Option'' Two 15 eallon trees •Three 15 i;allon trees i Four 15 pa loll trees Not Available Not Available Page 8 'Replacement Trees shall be a species suited to the available Planting location proximity to structurAS nvPrh >.H rin ®.onnan ..rd •...... __�__....,... .. To measure an asvmmeUCal canopy 91 a. tree the widest measurement shall be used to determine canoov size Sec. 29.10.0990. Standards of review. The Director or decidinD bad shall review Eieach application for a tree removal permit required by this &v'isionsling the following sdteria standards of review- The onndardc Af (1) The condition of the tree or trees with respect to 1q) disease, (b,Limminent danger of falling• e Lc) structural failure, (d) proximity to existing or proposed structures 9.1 �,, ratty >r I,tqr, a ceri+f+ed arberist,(e) structural damage to a building, or Lf a public nuisance caused by a tree. I - - -- ••• •• -• ���u W, IC a Io ante m gerermmm i re Rik g Rati . �Tkna, danger ;aiiu shatl`be rated ed l lwi /' a e. ✓Poi/ (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 with the neighborhood. result in a dehsity of trees or tree cover that is inconsistent (4) The number of trees the particular parcel can adequately support according to good urban forestry practices, or whether a protected tree is a detriment to or crowding another protected tree. (5) In connection with a proposed subdivision of land into two (2) or more parcels, the removal of a no protected tree shaft --be F6Moved urfless..cernevaj is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.), The -free rermeved Shall be seplasedin- asserdance wilfi tpe sfandards in- sestiea 28:x8 996sef -fhis Gads: Tam awd $ratestien4AOasuse6 ier -ary let -fhat isr sated a pr6pBSed -sr bdiv alai 4g 'Boa She" GAMPlY With the ""iRfiGAR Of lhl& ede- (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 -such -a case, the removal shall be senditiened -upen..roplasemenlin ascgrdance with iheslaadards- insestign>2&1988@5 of this Gads. (7) The Hillside Development Standards and Guidelines surfeo!tversion, rr , Page 9 (8) Removal of the Rrptected Vee(s) will not result in a substantial adverse change in the site's aesthetic and 1500gical 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 as i pificant impact on the property_ Significant impact frail a tree is definea in Sec. 29.tU.U95b. Uef�nttions_ (Ord. No. 2114, §§ I, II, 8 -4 -03) Sec 29.10.0992 Required Findings alternatives to preserve the tree, __L8j. 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. profoundly diseased or an imminent sarery nazaro .6"u-115' cannot be made. Page 10 SP: o (5) L.....:. .... . . Sec. 29.10.0995. Disclosure of information regarding existing trees (a) Any application for a discretionary development approval, or for a building gradin 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 Oiameter, canopy dripline area, height) and location. This requirement shall be met by including ffie following information on plans submitted in connection with the development application. (b) inadddHteo; 0 he location of all ether 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 (c) Within the dripline area or area that would affect a protected tree, the location of shrubs and other vegetation subject to development shall be shown on the plans. (d) The director may require submittal of such other information as is necessary to further the purposes of this division including but not limited to photographs. (e) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading, trenching or paving. (f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this division. (Ord No. 2114, §§ I, II, 8 -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 forwarded -to the drreeto, Town's consulting arborist who shall, after making a field visit to the property, indicate in writing or as shown on approved plans, which trees are recommended for preservation (based on a retention rating of high /moderate /low) using, as a minimum, the , 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 `6bnsulting 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; f (2) The Town reviewing body through its Site and design plan review shall endeavor to pre5drve all trees recommended for preserwa`fion by the o Y c, The Town reviewing body may determineAhol 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 a$ set fc� 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 01151 ed by the council of i ree -w 1C Landscape Apraisers fCTLA) and the Species and Group Classification Guide published !?y, (he Western Chavie- of under the 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 29.10.0980, for each tree to be removed to satisfy the purpose of this division. (d) Prior to acceptance of proposed development or subdiv' tston improvements, the developer shall submit to the Victor a final tree preservation report prepared by a certified or consulting arborist. This report 6@1 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 I tree not previously approved for removal. For #686 that are met - protested oess (1 ., .. e removed'-ttre developer "shad pay-a f+sae-in the amount eQuat ie 3he appr2isa$ "val�+s'o -n 0 serest < tree_ For�tected trees, which were removed, the developer shall pay: fine the amount of the /!:" a such tree in addition to replacement requirem nts" 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. (e) R+etesti,+s fensiag- iaspestierr Prior to issuance of any demolition, grading or building permit, the applicant or contractor shall submit to the Bbuilding Ddepartment a written statement and photographs verifying that the required tree protection fence is installed around street trees and protected trees in accordance with the Tires Ppreservation Rreport. (f) If required by the dDirector and conditioned as part of a discretionary approval, a security guarantee shall be provided to the Town. Prior to the issuance of any permit allowing construction to begin, the applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required to be preserved, or twenty -five thousand dollars ($25,000.00), whichever is less. The cash, bond or other security shall be retained for a period of one (1) year following acceptance of the public improvements for the development and shall be forfeited in an amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event that a tree or trees required to be preserved are removed, destroyed or severely damaged. (g) An applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done using directional boring, air -spade excavation or by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arborist. (h) It shall be a violation of this division for any property owner or agent of the owner to fail to comply with any development approval condition concerning preservation, protection, and maintenance of any protected tree. (Ord. No. 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 five 46) -Gr- 8ix (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 preservation plan, posts may be supported by a concrete base. (2) Area type to be fenced. Type l: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specked by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2 -inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. Page 13 (3) Duration of Type I, Il, 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 j prior to removing a tree protection fence. (4) Warning sign. Each tree fence shall have prominently displayed an 8.5 x 11 -inch sign stating: 'Warning —Tree Protection Zone -this fence shall not be removed and is subject to penalty according to Town Code 29.10.1025 ". (b) All persons, shall comply with the following precautions: (1) Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and /or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials or vehicles inside the fence. The dripline shall not be altered in any way so as to increase the encroachment of the construction. (2) Prohibit excavation, grading, drainage and leveling within the dripline of the tree unless approved by the f;';;irector. (3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swates or areas that may lead to the dripline of a protected tree (4) Prohibit the attachment of wires, signs or ropes to any protected tree. (5) Design utility services and irrigation lines to be located outside of the dripline when feasible. (6) Retain the services of .,;_ certified or consulting arborist 1 for periodic monitoring of the project site and the health of those trees to be preserved. The n shall be present whenever activities occur which pose a potential threat to the health of the trees to be preserved ano shall document all (7) The 'r= irector 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, ll, 8 -4 -03) Sec. 29.10.1010. Pruning and maintenance. Woody Plant Management— Standard Practices (Pruning) All -- pruning of erotecied, trees- -shah be sensistenf with 4he surer edit en -of- hest- Aganagemeni RfactiGt- Yree Pf . ,', eslabfished-by the l+aterrationa. Society of 14A0ris01tufe (!SA):. and any special conditions as determined by the dDirector. For developments, which require a tree preservation report, a certified or consulting arborist shall be in reasonable charge of all activities involving protected trees, including pruning, cabling and 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 irector 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, exceoi wr eft: _'lu_f_u &E is prohibited. Page 14 (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 9, Chaptec26 of the Town Code or Hillside Development Standards and Guidelines, the more protective r quirements shall prevail. (Ord. No. 2114, §§ I, 11, 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, 11, 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. 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 theidirector, 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 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 a�w Pub t?jLLoz lw : s- the Western Chapter of the International Socielv of. Arboriculture. c. If the court or director directs a replacement tree or trees to be planted as part of remedy to the violation ifie 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, yehich shall include all costs, staff lime, 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 thnis division in which the Town prevails, the court shall award to the Town all costs of investigaition "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, §§ 1, 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 provision 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 aoolicable Code – Town — 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 aooeals shall comply with the Dubuc noticino Provisions of section 29,20-450 of the Town Code (Ord. No. 2114, §§ I, II, 8 -4 -03) N: 1DEMRDSV0151PCExhibit 3- Proposed Amendments Chapter 29.docx Page 17 Tliis Page Intentionally Left Blank