Attachment 4wM ° TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: March 25, 2015
PREPARED BY: Robert Kass, Special Projects Manager
bkass @losgatosca.gov
APPLICATION NO: Town Code Amendment A -14 -002
LOCATION: Town -wide
APPLICANT: Town of Los Gatos
CONTACT: Robert Kass, Special Projects Manager
ITEM NO: 1
APPLICATION
SUMMARY: Public Hearing to consider amendments to Chapter 26 (Trees and
Shrubs) and Chapter 29 (Zoning Regulations — Tree Protection) of the
Town Code
RECOMMENDATION: Forward a recommendation to the Town Council for approval of the
attached Ordinance amendments to Chapter 26 and Chapter 29 of the
Town Code.
CEQA: It has been determined that there is no possibility that this project will
have a significant impact on the environment; therefore, the project is
not subject to the California Environmental Quality Act [Section
15061 (b)(3)].
FINDINGS: ■ Find that there is no possibility that this project will have a
significant impact on the environment; therefore, the project is not
subject to the California Environmental Quality Act [Section
15061 (b)(3)] (Exhibit 1).
■ The Planning Commission must make a finding that the Town
Code amendments are consistent with the General Plan if the
recommendation is for adoption.
ACTION: Recommendation to Town Council.
EXHIBITS: Peviously received with February 11 2015 Staff Report
1. Required Findings
2. Proposed Amendments — Chapter 26 Trees and Shrubs
3. Proposed Amendments — Chapter 29 Tree Protection
4. Excerpt from October 6, 2014 Parks Commission Minutes
5. Background information regarding recent tree removal appeals
6. Resolution 2009 -082 Approving the Revised Master Tree List
ATTACHMENT 4
Planning Commission Staff Report - Page 2
Town Code Amendments /A -14 -002
March 19, 2015
Previously received with February 11, 2015 Desk Item
7. Public Comments — February 11, 2015 Commission Meeting
Previously received with March 4 2015 Workshop Report
8. Revised Redline Version Chapter 26
9. Revised Redline Version Chapter 29
10. Comments from Planning Commissioners
11. Public Comments —March 4, 2015 Workshop
Received with this Staff Report
12. Final Draft — Proposed Amendments to Chapter 26
13. Final Draft — Proposed Amendments to Chapter 29
14. Public Comments —March 25, 2015 Commission Meeting
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 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 allow for a more in -depth discussion of various provisions of the proposed Code
amendments.
At the March 4, 2015 workshop, staff received direction from the Commission to modify the
proposed Code amendments in several areas, including direction to work with Dr. David
Weissman, a member of the public, to add provisions to the Code that would more specifically
address hillside issues.
In response to the Commission's direction received at the March 4, 2015 Planning Commission
workshop and staff's follow -up meeting with Dr. Weismann, staff is recommending changes to
the Town Code Chapters 26 and 29 as shown in Exhibits 12 and 13. All additions to the existing
Code are shown as underlined and deletions are shown with stfike eegh, with the most recent
round of revisions shown as highlighted additions or d"ees. These most recent revisions to
the proposed Code amendment are discussed below.
Dr. Weissman has provided written comments identifying additional considerations for the
Commission to discuss as part of its recommendation to Council (see Exhibit 14).
Planning Commission Staff Report - Page 3
Town Code Amendments /A -14 -002
March 19, 2015
ANALYSIS:
Definitions
New definitions have been added for the following terms: Heritage tree, Hillside, Large
protected tree, Multi -trunk tree, Native, Tree Risk Rating, Trunk, and Trunk Flare. The
definition of Dangerous has been eliminated. More discussion is provided below for those terms
where additional Code provisions have also been added relating to the newly defined term.
Scope of Protected Trees
The threshold for protected trees in the Hillsides has been reduced to 8 inches on developed
residential property from the current threshold of 12 inches which currently applies Town -wide
to developed residential property.
Exceptions
The list of trees exempted from permits for removal or severe pruning has been expanded to
include all species of Eucalyptus trees in the Hillsides with diameters of less than 24 inches.
Herita e Tree
The proposed Code amendment has been revised to include a definition of Heritage Tree that is
limited to a tree or grouping of trees that has been specifically designated as a Heritage Tree by
action of the Town Council upon the recommendation of the Historic Preservation Committee.
Any tree designated as a Heritage Tree would be subject to the same public noticing and pruning
permit requirements that are being recommended for large protected trees (see discussion
below).
Because the Town of Los Gatos does not currently have a process for designating a Heritage
Tree, the inclusion of this definition in the Code should be viewed as a reservation of the
designation, pending the establishment by the Council of a Heritage Tree selection process and
evaluation criteria.
Large Protected Tree
At the March 4, 2015 workshop, staff proposed categorizing protected trees as either Tier I or
Tier II protected trees, with the Tier II trees subject to the proposed public noticing and pruning
permit requirements.
Replacing the term "Tier IP' with "noticed tree" was suggested at the Commission meeting and
was considered by staff. However, in an effort to simplify the Code revisions and more clearly
define which trees are subject to special additional requirements, staff is recommending the term
"large protected tree" for trees that require pruning permits are and subject to public noticing.
Planning Commission Staff Report - Page 4
Town Code Amendments /A -14 -002
March 19, 2015
Large protected trees would include all trees greater than 48 inches in diameter, along with oak,
California buckeye, and Pacific madrone with a diameter of 24 inches or larger.
Hillsides
A new definition of Hillsides and a new Code section titled Special Provisions Hillsides have
been added linking the Tree Protection Ordinance to the Town's Hillside Development Standards
and Guidelines (HDS &G). The Special Hillside Provisions reduces the diameter threshold for
protected trees in the Hillsides from 12 inches on developed residential property to 8 inches,
equivalent to the lower diameter threshold for slow - growing natives. Staff believes this more
restrictive criterion will address concerns about tree identification in the dormant season as well
as strengthen the Town's goals of preserving native oak woodland habitat in the Hillsides.
The Special Hillside Provisions also include tree replacement requirements that are also intended
to promote native habitat protection and restoration by requiring that any tree removed beyond
30 feet of the primary residence be replaced with natives. Additionally, natives removed from
within the 30 -foot landscape buffer zone of the primary residence would also be required to be
replaced with natives. (Native trees are as listed in the Town's Hillside Development Standards
and Guidelines.)
Tree Risk Rating and Emerzency Action
Staff has incorporated a number of changes in the revised Code amendments that clarify the
definition of risk as related to standards of review and required findings. The amendments also
refine the criteria and procedures that allow for emergency removal of protected trees. The
proposal now specifically cites the International Society of Arboriculture (ISA) Tree Risk
Assessment Best Management Practices Tree Risk Rating Matrix as the standard for assessing
tree risk, and limits emergency actions to only those situations where a tree is rated as an
Extreme or High risk.
Additional Required Finding
Staff has added an additional finding mirroring the finding proposed to be added to Chapter 26
that would authorize tree removal where replacement with a more appropriate tree species would
enhance the urban forest. Requests for removal and replacement based on this finding would
still need to be evaluated comprehensively using the standards of review, taking into account the
existing tree's size, location, and species, as well as the proposed replacement species, before a
removal would be authorized.
Replacement Tree List
At the workshop, the Commission discussed the possibility of developing a master tree list for
replacement trees similar to what has been adopted by Council resolution for street trees. The
suggestion was that this list would, be included by reference in the code, similar to what is now
recommended for Hillside tree replacements.
Planning Commission Staff Report - Page 5
Town Code Amendments /A -14 -002
March 19, 2015
Under the existing Code, the Director or Director's designee (typically the Town Arborist)
approves replacement tree selection when a permit is approved for a tree removal. The Town
Arborist considers the location of remaining trees, with the underlying objective to replace the
canopy of the tree removed. This process has generally worked well, with the Town Arborist
referring property owners to a number of resources on tree selection, including the Town's
Master Street Tree list.
Staff has not included reference to a replacement tree list in the proposed Code amendment,
except for the aforementioned Hillside replactixent provisions. Should the Commission wish to
explore development of a replacement frgihfistfltat would define those species that would qualify
as replacement trees, the Commission could forward a recommendation to the Town Council that
a specific tree replacement list be developed for future consideration by both the Commission
and Council.
CEOA DETERMINATION:
It has been determined that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental Quality
Act [Section 15061 (b) (3)].
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The attached amendments to Town Code Chapters 26 and 29 are recommended to strengthen
the Town's commitment to preservation and enhancement of its urban forest and to clarify
and update provisions of the Town Code. The amendments would also meet a 2014/2016
Town Council Strategic Goal.
B. Recommendation
For the reasons mentioned in this report, staff recommends that the Planning Commission
forward the draft Ordinance amendments to the Town Council with a recommendation for
adoption. The Commission should also include any comments or recommended changes to
the draft Ordinance in taking the following actions:
1. Find that there is no possibility that this project will have a significant impact on the
environment; therefore, the project is not subject to the California Environmental Quality
Act [Section 15061 (b)(3)] (Exhibit 1); and
2. Make the required finding that the Ordinance amendments (Exhibit 12 and 13) are
consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for adoption of the Ordinance
amendments to the Town Code (Exhibit 12 and 13).
Planning Commission Staff Report - Page 6
Town Code Amendments /A -14 -002
March 19, 2015
Alternatively, the Planning Commission may:
1. Forward a recommendation to the Town Council for adoption of the Town Code
amendments A -14 -002 with modifications; or
2. Continue the matter to a date certain with specific direction.
Prepared by:
Robert Kass
Special Projects Manager
N:\DEV\PC REPORT5\20157ree Amendments 3- 25- 15.docx
Approved by:
Laurel R. Prevetti
Assistant Town Manager /Director of Community
Development
TOWN CODE
Chapter 26 - PUBLIC TREES AND4 °W4�S
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.
Re,. 26A0.045. c
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, Feres#y and MaintGRaRG8 SeFviGes 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 Place means any road or street or public school or place of public assemblage or real
California. or the United States as the case may be owns some or all interest or which it leases
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.-and-heoePAeraad
side plats theFeef.
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)
Err 12
3/25/15 PC Staff Report
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 T h nh aFe neW, OF n the future will
by reselut on of the Teo.M . 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)
Rireh(Betula Alba)=
(b) A copy of the Master Street Tree List such fist shall be kept on file in the office of the Director.
Revisions, additions or changes in the rr+Master Street tTeee lList 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 StreetTtree Uist.
Only those trees which are designated on the rnMaster 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 orowth of. or
(Code 1968, § 31 -9)
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,
or upon PFiVat6 PFAPeFtY, 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 swociflua) 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 depaFtment of parks, foreStFy and MaiRt Department of Parks and Public Works services
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 solely- primarily for the convenience of the
applicant, then the full cost and responsibility of such removal shall be borne by the applicantaad
w¢n an approveo rvoiect.
(h #) 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.
naung. .
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.
crowding other trees including Heritage Trees or other protected trees as defined in Chapter 20
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
(Ord. No. 2114. && I. ll. 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.
tree.
tree.
(7) The removal of the tree is necessary to repair a geologic hazard.
(10) The tree is interfering with the use and function of public sidewalks curb and gutter,
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' /z) 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 noted 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
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Intentionally
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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 and large protected tree pruning permit
Sec. 29.10.0985.
Determination and conditions of permit.
Sec. 29.10.0987.
Special Provisions — Hillsides
Sec. 29.10.0990.
Standards of review.
Sec 29 10.0992
Required Findings
Sec. 29.10 0994
Additional procedures for Heritage and large protected 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 many native and non - native
trees0ak, ❑,,. EuGalyp SyGaFneFe, Redwood, , 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
EXHIBIT 1 3
3/25/15 PC Staff Report Pagel
this division to preserve as many protected trees as possible throughout the Town through staff review
and the development review process. Special provisions regarding hillsides are included in Section
not supersede the provisions of dwisieR
Chapter 26 of this
(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 (44feet 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 Arborjsts or approved by the director.
Development means any work upon any property in the Town which requires a subdivision,
rezoning planning permit, seMmunity ZORe, 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 at 4.5 feet (54 inches)
above natural grade.
Director means the Director of Community
Development or the dDirector's designated representative.
Dripline area means the area
equals a di6taRGe ten times the diameter of the trunk, or the
perimeter of the tree canopy, whichever is greater.
community.
Multi trunk tree means a tree that has more than one major supporting stem or trunk growing from a
single root mass located at ground level or lust above the trunk flare.
Page 2
Native means any tree that is found in the immediate natural habitat For instance redwood trees
are native to the Santa Cruz Mountains but they are not native to the oak woodlands and chaparral areas
of Los Gatos.
approyea by the I own Arbonst
Protected tree means a
tree regulated by the Town of Los Gatos (as set forth in
Section. 29.10.0960, Scope of protected trees.)
Pruning means the selective removal of plant parts to meet specific goals and objectives, including
but not limited to sueh -as te: safety and risk reduction clearance health maintenance Gentrelaesthetic
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
Society of Arboriculture Best Management Practices —Tree Pruning and 4ANSI A300 -Part 1 Tree. Shrub
and Other Woody Plant Management —Standard Practices (Pruning)_,
Public nuisance, as dpsGr;hf,,d n sentien 26 10 055, means any trees, shrubs, plants or parts thereof
growing in, or overhanging, a public street or right -of -way, eF UPOR PFivate 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 place means any road or street or public school or place of public assemb_ I_age, or real
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 on a prepeaymeans 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
Page 3
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.
maturity.
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 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 before and during construction where no soil disturbance is permitted unless approved and
supervised by the certified or consulting arborist.
Low.
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 Arboriculture
USA).
(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 ' "nor 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
(124K inches -or greater diameter or FRnre of the rn diaFneteF (thirty s& ten and ong h2 If inGh
Page 4
f�° ° ^Gefifty -six and one -half inch circumference) of the sum of all trunks, where such
trees are located on developed residential property.
residential property.
(3) All trees of the following species which have an eight -inch or greater diameter (twenty- five -inch
circumference) located on developed residential property:
a. Blue Oak (Quercus douglasiQ
b. Black Oak (Quercus kellogh)
c. California Buckeye (Aesculus californica)
d. Pacific Madrone (Arbutus menziesi4
(4) All trees which have a four -inch or greater diameter (twelve and one half -inch circumference) of
any trunk, when removal relates to any review for which zoning approval or subdivision approval
is required.
(5) Any tree that existed at the time of a zoning approval or subdivision approval and was a specific
subject of such approval or otherwise covered by subsection (2§) of this section (e.g.,
landscape or site plans).
(6) 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.
(6)
(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 GemmerGial, offiGe, eF property other than
developed residential propert y.
(8) 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.
(9) A protected tree may -shall also include be a stand of trees, the nature of which makes each
dependent upon the other for the survival of the stand.
a. Heritage trees
b. Large protected 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 unlawful fGFanyone:
Page 5
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a
permit pursuant to this chaoterde -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.
L52) For any person or business entity engaged in the business of removing trees or tree care to
obtaining a permit under this division. T44s -The permit shall be posted 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 trees are excepted from the provisions of this division and
may be removed or severely pruned without Town approval or issuance of a tree removal permit:
(1) A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty- seven -inch
circumference).
j2) Any of the following trees that are less than 24 inches in diameter (75 inches in circumference):
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0975. Emergency action.
Page 6
iougwmg:
Including removal or severe pruning.
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, Il, 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 Town as indicated on the
application. Application submittals for the removal of trees on public property (street trees) are provided
for in F.hapter- Section 26.10.060 of the Town Code. Applications for tree removal or severe pruning on
Private propert y 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 owner4r49eat.
(2) A written explanation of why each tree(s) should be removed or pruned and how it meets the
Town's standard FemeyalStandards 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 ea GGFnpan y
letterheadsigned 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 aaaSA klazard
puDIISheo by the International Societv of Arboriculture . Other information, images, etc. may be
included in the report.
Page 7
(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 and large protected tree pruning permit.
(1) A completed pruning permit application signed by the property owner.
Management— Standard Practices. (Pruning).
(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.
directly caused 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 Tree Risk Rating of Extreme
or High is present, senditien 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 the DiFAgtAF Gf Parks 2R
PUbl;G W900; Director 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 Direster Of Parks
and P---Mg Works Depa 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
shall be paid to the Town Fo. �liree Replacement Fund to:
a. Add or replace trees on public property in the vicinity of the subject property; or
Page 8
b. Add or replace trees or landscaping on other Town propertyorr- RePlaGem9Rt Val a -f -a
u a
Vep shall he deteFrn ned US Rg the FnG-t FPGPRt edit AR of the Guide far Plant Appraisal, as
PFGpared by the Council Of TFAA ARF] -';;ndsG@pe AppFaiseFs.
c. Support the Town's urban forestry management prociram.
-Table 3 1 Tree Canopy ReplaGemeRt StandaFd
CaROPY 9f the Feffle'Oed 4PP Replacement !Fees
distance ReFess the eanapy)
4 feet 9 feet
28 F... 40feet
410 fept—q6 ep
GGLUMN 3
I GRP 36 inph hAx gl;e
TIAPA M inrh he)( ;;7p
IT••A 49 hR)( 9i7e
'Twp RA 6RGh hA)(qm;e 1
Twe 49 iaeh he), size
56feet 60feet ITRA00 24 hAW a
Ad two lbe4ew
136 bReh bemplus
twe 49 ingh hA)(;67P
fig feet + i 'belGw
StandaFds as; dpterm 1R8d by the direGtGr-
(Ord. No. 2114, §§ 1, 11, 8-4-03)
Table 3-1 - Tree Canopy - Replacement Standard
Canopy Size of Removed Tree Replacement Sjn¢le Family Residential
Requirem nt2,4 Replacement Option''"
Page 9
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
Two 24 inch box trees
!:Two 15 gallon trees
Three 24 inch box trees
;Three 15 gallon trees
Four 24 inch box trees: or
1
Four 15 gallon trees
Two 36 inch box trees
Six 24 inch box treesm or
I Not Available
Three 36 inch box trees
Ten 24 inch box trees: or
TTNot Available
Five 36 inch box trees
i — _—
'To measure an asymmetrical canopy of a tree the widest measurement shall be used to determine
canopy size.
Sec 29.10.0987. Special Provisions — Hillsides
The Town of Los Gatos recognizes its hillsides as an important natural resource and sensitive habitat
which is also a key component of the Town's identity, character and charm. In order to maintain, and
encourage restoration of the hillside environment to its natural state the Town has established the
following special provisions for tree removal and replacement in the hillsides:
Page 10
(c) Replacement trees listed in Appendix A may be planted anywhere on the property.
(d) Replacement trees not listed in Appendix A may only be planted within 30 feet of the
primary residence.
(3) Replacement requirements shall comply with the requirements in Table 3-1 Tree Canopv
Replacement Standard of this Code
environment.
Sec. 29.10.0990. Standards of review.
The Director or deciding body shall review €each application for a tree removal permit required by
this division shall be-reviewred - using the following criteria standards of review. The standards of review
(1) The condition of the tree or trees with respect to; (1disease, (limminent danger of falling, er
Lc) structural failure, Ud proximity to existing or proposed structures
certified arbeFist, (e) 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.
(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
ae protected tree is unavoidable due to restricted access to
the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.). The tree
remeved she" 138 FeplaGed in aGG9FdRAGe with the stgRd-ards in segfien _29.10 09gs of this Corlp..
Of Iand shall GemPly with the regulatieRs ef this Code.
(6) The retention of a protected tree would result in reduction of the otherwise- permissible building
envelope by more than twenty -five (25) percent.
Cede:
(7) The Hillside Development Standards and Guidelines, GUFFentuersiea.
(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.
Page 11
(10) The species size (diameter, canopy, height) estimated age and location on the property of the
protected tree.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec 29.10.0992 Required Findings
tree.
(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
Page 12
promems.
(5)
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) 4R- additie"Ihe location of all ethAr 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.
(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, 11, 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;
Page 13
(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 fripAfardfW to the diFecte 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) . 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
rop test 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
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
fepiaGemepA-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
Landscape Apraisers (CTLAFand the Species and Group Classification Guide published
by the Western Chapter 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.
Page 14
(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.
removed, the dev8I9PeF Shall pay a fiRe An the arneunt equal to the appraised value of the subjeGt
tree For protected trees, which were removed, the developer shall pay a fine- ep salty 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) PF9teGtjve feRGinq iR6PeGti9R. Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the Bbuilding Ddepartment a written statement and
Photograph s 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.
(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-(&}- er -sSix (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, ll, III fencing. Fencing shall be erected before demolition, grading or
construction begins permits are issued and remain in place until
Page 15
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 equipment cleaning, or parking of vehicles iaside4he4encewithin
the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the
construction.
(2) Prohibit all construction activities within the TPZ including but not limited to: 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)
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 fa444,g -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.
Page 16
(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
Community Development. Whenever an Enforcement Officer as defined in Section 1.30.015 of the Town
.. _ ■.
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.
(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.
Page 17
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 (44.
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 GV88t tree deposit aGGGuPA Tree 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
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, II, 8 -4 -03)
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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, §§ 1, 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,, §§ I, II, 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 seeWR9 the director's approval te remove -a
p'e'ep .!��d ::cc pursuant to this divisio
dessien in accordance with the procedures set forth in section 29.20.260 255 -of the Town Code. All
appeals shall comply with the public noticing provisions of section 29.20A50 of the Town Code
(Ord. No. 2114, §§ I, II, 8 -4 -03)
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To: Planning Commission, Meeting of March 25, 2015
From, Dave Weissman
Re: Revisions to Tree Protection Ordinance
As I will be out of town for the meeting, I write this summary, which was reviewed
by staff.
As per the PC's directives, staff (Laurel P. and Joel P.) and I met and had a very
productive session. We easily reached unanimous consensus on some 95% of items.
The other 5% were not contentious but rather a discussion of how far the PC might
be interested in going with this revision. By agreement amongst us, we decided that
I should present these issues to the PC for direction. I suggest that each of the 12
items listed below be discussed separately on its merits. After your discussions, I
suggest that either these items could be incorporated into the ordinance or returned
to staff with directions for revision.
(1) "Sec. 29.10.0970 Exceptions ". I want to encourage the removal of all non - native
trees and vegetation from hillside properties when greater than 30 feet from the
main structure (i.e. outside of the landscaped areas around the house). I believe that
even partially developed hillside areas are, by their nature, disturbed. However, by
encouraging (or even requiring during the permitting process?) the removal of non-
native vegetation, one can help minimize the ecological disturbance and increase the
sustainability of the area. For instance, Eucalyptus trees, all species of which are
non - native, suppress the growth of native vegetation through their production of
oils and other chemicals, provide unnatural vantage perches for predatory birds
because of their height, are not fed on by any native insects or herbivores, and can
kill hummingbirds because their produced oils and gums clog up their nostrils when
they visit their flowers. Removing Eucalyptus may permit native vegetation to
recolonize the space that was occupied by them, thus helping both the native flora
and fauna. The Town Council at its June 16, 2003, meeting asked staff to study what
to do with non - native hillside vegetation, for consideration of later amendments,
yrXmBTT 1 4
3/25/15 PC Staff Report
when they passed the current 2003 tree protection ordinance. This was apparently
not done by staff, but the science is clear: removing non - natives is beneficial for both
native plants and animals. As a means to encourage removal, perhaps non - native
hillside trees less than 24" in diameter should not require a tree removal permit. I
also suggest that no replacement trees be required as nature can usually do well if
given the chance. These two actions could encourage removal by decreasing both
time and expense for the landowner.
(2) "Sec. 29.10.0985 Determination and conditions of permit ". This scenario does
not appear to be addressed anywhere in the ordinance: What about the situation
where there is no application for any zoning approval or subdivision of a vacant
hillside lot and the property owner asks for a tree removal? Science says that even
trees in poor condition, or dead trees on vacant lots, if not a health or safety hazard,
serve a biological function. They can provide food, shelter, nesting sites, and places
for woodpeckers to store acorns. They should not be removed except in the context
of an application for development. Tree removal requests for a lot with a pending
A &S are already addressed in the Ordinance. If trees are removed without an active
A &S, the governing body could end up approving a house in a different hillside
location than the applicant anticipated. Those trees removed before the application
was filed might have been saved given the new location.
(3) "Sec. 29.10.0987 Special provisions - Hillsides ". I assume that replacement
trees will be covered by the homeowner maintenance warranty as described below
[(6) Sec 29.10.10001. If yes, then that requirement should also be restated here. I
also know that oak woodlands are much more than just their trees. The understory,
with its dead leaves, poison oak, fungi, and various animals, is vital to the integrity
and health of the oaks. Grading, even if less than the 1000 square foot threshold of
the Grading Ordinance, should be forbidden more than 30 feet from the main
structure where there are oaks. I understand that the Town may undertake revision
of the Town's grading ordinance later this year, but such protection for our forests
should not have to wait until then.
(4) "Sec. 29.10.0990. Standards of Review (6) "The retention of a protected tree
would result............ " This sentence seems to imply that the applicant does not have
to also consider changing the shape and size and location of the proposed house, in
contradiction to the HDS &G.
(5) "Sec. 29.10.0992 (1) ". Unless dead, it can be difficult for any arborist to predict
which trees might or might not recover, if not presently healthy. I feel it should be
Town policy that trees should be given the "benefit of the doubt," and perhaps a few
years of TLC, feeding, watering, removal of dead or diseased branches or trunks, etc.,
to see if they can recover (assuming they are not a safety danger).
(6) "Sec. 29.10.1000 New property development (d) The applicant shall remain
responsible for the health and survival of all trees in the development for a period of
1 year..." I am not sure where such a short time period originated. For instance, in
1994, a 5 year, new -tree maintenance agreement between the Town and the
property owners of 77 Broadway, was recorded. I feel that 1 year is too short of a
time period for the following reasons: mature trees, especially oaks in the hillsides,
can be fairly tolerant of various insults and may take 3 to 5 years to die from
overwatering, excessive pruning, compacting of soil, poisoning from spilled
chemicals like motor oil, etc. This longer period will force the developer and
subsequent residents to take better care of their trees during those early, most
vulnerable years. This is especially true for any required replacement trees whose
roots may require several years to adequately grow. And relocated trees are also
notoriously difficult to keep alive once transplanted, unless given good care. I also
feel that a required 5 year maintenance agreement might negate the need for a
posted security bond as discussed in this same Sec. under (f) because such an
extended maintenance time period probably provides more protection than a
shorter time period bond. This revised setup would be a nice trade -off and could
encourage compliance.
(7) "Sec. 29.10.1005 (b) (4) Prohibit the attachment of wires, signs, or ropes....."
Do we want to make an exception for those ropes associated with the temporary
installation of story pole ropes? As the ordinance now reads, such ropes would be
prohibited. I suspect that because of their temporary nature, such ropes do little or
no harm to a tree to which they are attached.
(8) "Sec. 29.10.1025 Enforcement' This section is unclear and I propose the
following rewrites (shown below in underline)
(1) Tree removals in absence of or in anticipation of development. If a
violation occurs in the absence of or12rior to proposed development then
discretionar� applications andjor building permit applications will not be processed
by the Town until the violation has been remedied as described in (4) below.
Mitigation plans. The Director should not be involved in deciding on the mitigation
measures since they are already spelled out in (4), where it says "......and shall
provide for the replacement of each tree that was removed" [illegally] with a new
tree(s) in the same location(s) as those [illegally] removed tree(s)" This is an
important enforcement tool because it would help deter the following: a property
owner wants to submit an application for a house, most likely in the hillsides, but
there is a tree, or trees, on a possible buildable site. Rather than risk getting
pushback from the Town to relocate the house, they cut down the trees illegally.
They may not get caught and then they can submit their plans. And even if they do
get caught, and that is a big "if," then, for discussion sake, say they could be fined
$5,000, which is still probably not a good deterrent. But if they may have to replant
in the exact same location as the illegally removed tree(s), and have to sign a 5 year
tree maintenance agreement with the Town, they will hopefully think twice before
acting.
(2) With the same reasoning, I would eliminate the last sentence in this
paragraph since mitigation measures are also covered in (4).
(3) OK as is.
(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 hillside tree that was removed illegally with a new tree(s) in
the same location(s) as those illegally removed tree(s) For those trees on public
roperty replacement is to be determined by the Director of Community
Development or by the Director of Parks and Public Works
Plus, elsewhere [(2) Sec. 29.10.0985 above], I propose that legal tree removal
on an undeveloped lot can only occur in the situation of an application.
(9) "Sec. 29.10.1025 (5) b. Where the violation ...... What constitutes a' violation ?"
Perhaps 'violation" should be defined in the glossary. Is removing 2 trees on one lot,
one or two violations? Is doing excessive trimming on one tree for 3 consecutive
days, 1 or 3 violations?
(10) "Sec. 29.10.1025 5 c. The property owner shall execute a 2 year written
maintenance agreement with the Town." I think the standard throughout this
document should be a 5 year maintenance agreement. And compliance could be
monitored on a yearly or twice yearly basis by an outside, certified arborist paid for
by the homeowner.
I have 2 general comments re the proposed Ordinance, as follows:
(11) Many hillside lots may not have sufficient space for the trees required to
replace legally removed native trees. Also, the property owner may not know the
best places to plant the new trees. I think it would be good Town policy to have the
Town arborist, when issuing the tree removal permit, to suggest the best place(s) to
locate the replacement tree(s).
(12) Lastly, there is wording throughout this document that pertains to the
"Director," or their representative, who has the ability to make important decisions
re enforcement, penalties, red tagging, etc. I think that such discretion may not be
the best thing especially where it applies to enforcement and penalties. Directors
come and go and have different histories, opinions, experiences, knowledge and
potential conflicts of interest. They also take vacations and leaves of absence.
Enforcement is critical for compliance. I would like the PC to consider the attached
flow chart (was also presented in Desk Item Tat the PC meeting of Feb 11, 2015)
whereby perceived arbitrary, drawn -out, capricious, and inconsistent decisions can
be minimized, if not avoided completely. Increased transparency is a good thing. A
potential violator should know beforehand that committing a violation of the tree
(and grading) ordinance will probably have a certain outcome in penalties. Such an
objective flow chart can also eliminate the appearance of favoritism, bias, and the
"good old boy" system.
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