Attachment 3 Part 2 (2)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. Redwoods should not be encouraged in neighborhoods for
privacy screens.
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
D114SION 2. TREE PROTECTION
Sec. 29.10.0950. Intent.
Sec. 2910.0955. 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 Herttaoe Tree pruning permit
Sec. 29.10.0985. Determination and conditions of permit.
Sec. 29.10.0990. Standards of review.
Sec 29.10.0992 Reo used Findings
Sec. 29.10,0994. Additional procedures for Heritage Tree removal or prunino 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. 29.10.10„ 40 _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 , ,_; 26 of this Code.
�.ar iiai3
Page 1
(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 thaf (1) upon which, under applicable zoning a
regulations, a structure may be built outside of required setbacks without a variance or; (2)Os 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 tap j1 0j felt in width. r'
t
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,
, , 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 p llbe
made 11 feet ( inches) above natural grade. Measurement of multi - trunked trees shall be
determined by the sum of all trunk s measured above the mink a nienat_4_5 feet,{54 inches)
, .
Director means the Director of Community Devetoprr+enl, Airesw WeAs
the ._ _ irector's designated representative.
Dripline area means the area atou of the tree extending out a distance ten times wiIhiA %
distan6e4rem #e Pew"eter kit . ", truf* t, ':B at three feet436-inGhef4 above natllrat grade, wliefe--i:
equal& a- distance ten limas the diameter of the trunk, a6 fneas -:A -three feet {N it s+x +Miles or the
perimeter of the tree canopy. whichever is greater.
pp prqved 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 Sw category means a tree regulated by the Town of Los Gatos as set forth in
Section. 29.115.6960, Scope of Protected Trees.'
Pruning means the selective removal of plant parts to meet specific goals and objectives, incluomo
ierance - sx�esthetic
growth and , enhance performance or function by developing and preserving tree
structure and health r- in accordance with the current version of the International
Page 2
society of Arboricultu� Best Management Practices —Tree Pruning and -(ANSI A300 -Part 1 Tree Shrub
and Other
Woody Plant Manauement —_ Standard Practices Prunin )_, --Wtc ed by 8re 4Meraalienal
SecietYtaie++clit ++ce {JSA)
Public nuisance, as dessrit:r-' <, Santini: 26:18 Gfifi; means any trees, shrub , plant: or part: thereof
•: °'a
growing in, or overhanging, a public street or right -of -way, of upon -Wwaf, I, : >, interfering with the
use of any public street or public place in the Town,
.t
"�
or trees which, in the opinion of the Cc tractor,
i endanget0he life, health, safety, comfort or property of any persons using such in
?
public street, or such
public place, because of the tree's or shrub's location, condition of its limbs, roots or trunk, or because of
its diseased condition, is hereby declared to be a public nuisance.
Remove means any of the following: (1) Complete removal, such as cutting to the ground or
extraction, of a protected tree; (2) Taking any action foreseeably leading to the death of a tree or
permanent damage
pep,.
to its health; including but not limited to severe pruning, cutting, poisoning
/
overwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering
grade, or paving within the dripline area of a tree.
;
Severe Pruning means ip pPtno or removal of fnliane nr
�alaasin9 or- er�aaturaf�t+apeef� tree:
4he
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over
fifteen (15) feet high at maturity.
Significant Impact, from "a tree on a- prereerty 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.
fy
Street tree means then` --e treei'm a public place, or along or within a public street or right -of -way.
{> t:
Topping means the_pfaC114 Of Outhno bark tarns: diampt.r hraarkao s ., , —
Tree protection zone (TPZ) means the area of4 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 rgptacemenl 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 ;,runk
t formula Method or R Aacement 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
Classrfication and Group Assionmenjt y the_Westem Chapter of the International Society
It SA). of Arborisis
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, §§ 1, II, 8 -4 -03)
Sec. 29.10.0960. Scope of protected trees.
This division shall apply to every property owner and to every person, corporation, partnership, sole
proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees
protected by this division are:
(1) All trees which have a twelve -inch ; or greater diameter (thirty -seven and one -half -inch
circumference) of any trunk or in the case of multi - trunk trees, a total of ,,f, t , -� , ,.. . ._
(12 78) rashes or greater diameter or R ;o% el the 6URi Fi+a 400 (thirty- se4e#I and ene3aaU rrxt
&4&utnferensefifIy six_and one -halt inch circumference) of the sum, of all trunks, where such
trees are located on developed residential property.
(2) All trees of the following species which have an eight -inch diameter (twenty- five -inch
circumference):
a. Blue Oak (Quercus douglash)
b. Black Oak (Quercus kellogir)
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 O 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„tliameter (twelve and one -half inch circumference) of
any trunk and are located on a vacant lot or undeveloped property.
(7) All trees, which have a four -inch or greater diameter (twelve and one half -inch circumference) of
any trunk and are located on developed commercial, office, or industrial property.
"
(8) All publicly owned trees growing on Town lands, public places or in aa: right -of -way easement
trunk
(9) A rotected tree fray - also -be a stand of trees, the nature of which makes each dependent upon
IFe_'otheT foir`[he survival of the stand.
llp1 Hen a e 114e;
Measuremen of trunk diameter_ rr ;circumference for the purpose of applying this section shall be
made (3)4_5 feet 54 iwff6above natural grade. Measurement of multi - trunked trees shall be
determined by the sum trunk diameters aU- s, measured
inchesi above nalu rade.
(Ord. No 2114, §§ I, II, 8 -4 -03)
Page 4
Sec. 29.10.0905. Prohibitions.
Except as provided in section 29.10.0970, it shall be unlawful - for ;a:>yo;W:
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a
permit gursuanl, to tnjs ciiaoterdo so.
(3)
in diameter 112.5 inches in
(A) Jo conduct severe pruning as defined in Sec. 29.10.0955, -,. `
(ti;) For any person or business entity engaged in the business of removing trees or tree care' Ito
remove'agrotected tree without a permit under this division. This permit shall be on -site at all
times durirt`g the reri5bval of a tree and must be made available upon request from the Chief of
01 Police, Code Compliance Officer, Director of Parks and Public Works Department, or their
`.Va`bo�( 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 yiire ti Town Manager, oie -1 own Eciginew, the
Planning- Dkeeler; -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).
(31 Any of the foliowing trees that are less than 24 inches in diameter 17b 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 not fication:
(1) Notify the Town Parks and Public Works Department during business hours or the. Police
Department after business hours, prior to removal in order to confirm the emergency situation.-if
the Town; confirms - the emergency situation LUfA�St , o. SjQ -un 29.10,0070 i 1), photo
Page 5
documentation and written verification by the r{ o rt owner c tree service removing4he free
will berequired.
(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 ; 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.
1_1'
Applications for a protected tree removal 2W ere_pruninopermft for trees on private property shall
be available from and filed with the i ._=- -mdniiy Devv!4pmenl AeparirnentTown as indicated the
application. Application submittals for the removal of trees on public property Qstreet �rees) are provided
for in t hapter Ssct 26.10.060 of the Town Code. Applications for tree removal or pre pruning on
private property may be granted, denied or granted with conditions. Application submiHals for ` m�_ oval or
severe oruning_oi trees on private property shall include the following minimum information for staff
review:' -
{`iK
(1) A completed tree removal application form, signed by the property ownerear. a9enr. t
",arc r.
(2) A written explanation of why bdgh tree(s) should be removed, pruned and how it meets the
Town's slandargierallewable remevaiStandards of Review.
(3) photographs) 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 ortcompany 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 raazaro tree findings apply,15A- 44azard- dating -Form Tree Risk
buildings structures improvements or utilities would be
directly caused by the tree
(5) Payment of Rpermit fee, as established by Town resolution.
(Ord. No. 2114, §§ 1, ll, 8 -4 -03)
Sec. 29.10.0982. Applications for Heritage Tree pruning permit.
(11_ A completed Heritage Tree pruning permit signed by the propene owner.
Page 6
(3) Photowaohs of the tree indicating as best possible where pruning.isto occur.
d4j If required by the Director, a certified of consulting artorist's written repo» descnbing the
proposed pruning,
(t) Payment of permit fee as established by Town resolution.
Sec. 29.10.0985. Determination and conditions of permit. �,;e" Sr , '/
The t3iresier of Conarlaanity pevetepm,@Wgirector shall determine whether to grant n (permit. The
r!Director 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, tncludin got line adjustment, is
under consideration by the Planning Commission, the determination on the tre removal permit shall be
made concurrently by the Planning Commission with the related matter. T Ddrector or the deciding
body shall impose, except when removal is permitted if the tree is dead or a ? a a =do u condition
exists, as a condition on which a,,pwtected tree removal permit is granted that two or more replacement
trees of a species and a size designated by y f; :> C4 PaF _-aPA F __%ryai,ks
9epartwi&A irector 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 9 Fewef -ef Aafks
and Rublis l +Jerks - Department 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 ;___, cannot be reasonably planted on the subject property, an in-lieu pavrnent in an
Bmqunl set lortr, b, ihe. Town Council by resolution shall be the -value 91 the F8ffi9,,AF1
slut( -t>e paid to the Town Paresify -R44W ee Replacement Fund to: !Fee 6
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: Reolare�a of -a
tFas aswigtkeariesf�ecentOditionef Ike Guide -ter Plan( App<aisaf; as
prepared b�y4he4ounsilof Tree and tandscaps Appraicsers.
c- Support the Town's urban forestry management program
Table 3-1 -Tree GaAapy-
691UPAN -3 i C-Q✓UMN COwMN
I
Canepy of Fke- femeved fee a �#rees Alternalive tree
(AAaMiRIUM distarFe_as:as;:;feeane9Y)
4- feet -94ee4 iwe 24int�ke -
ac- site- {AMrriaaer»{ ' 9ne- 3fiir+E#bex sire i
Page 7
311#eet-- 2 -7Jeei
Tkree2�•in�kcrxsize
24s feet- 40-4eel
we
404ee1 -46 feet
2�i -b Sipe
i
36 jeer —f30 4el
Twa444AC44 ex aadtwe
36 inchf %Pius
twe48i11Ek -hON 64te
60 feet- 'below
ACCT! 11?11 - Z
3+�re3b�r� c4� kexsi�e
Tave364ne4r- j3o»size
Twe- 48fneh -bex s+ze
'beiew
.'below
Table 34v -i6 a-Cnatrix- iefrr+ula -U66d t�deier+nino hew rrrany trees A%41 be- re@u+ red 4w planlinq 40
approxirnate the- lobtaanepy ei-ibe rea+eved free -ever life souse of ten ( 39) -rears w+Msnedwate care:
(1) To measure an a6yHrInIelF G91 GaROPY of a tree, life widesl measurement shall used je
determinesane¢y Size:
(2) 8flen; 44 is not pos6ib4e le- replasea shtgle large. alder tree w&ag,&quivalenl jree(s): 4n this
ease: the -tree Shall- bese61aGed with a- conabinaiien of -both 4he Trea Gaoepy and Tree Yatue
Standards as determi mad -hy4he director
(Ord. No. 2114, §§ I, II, 8 -4 -03)
1 able 3 -1 - 1 ree Canopy , Replacement Standard
Canoov Size of Removed Tree'
10 feet or less
More than 10 feet to 25 feel
More than 25 feet to 40 feet
More than 40 feet to 55 feet
Greater than 55 feet
Notes
r
Replacement
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 inch box trees
Ten 24 inch box trees, or
Five 36 inch box trees
Single Famfiv Residential
Replacement Option;''
Two 15 gallon trees
i
Three 15 gallon trees
Four 15 gallon trees
Not Available
Not Available
Page 8
'To measure an asvmnetrcal canopy of a free
canopy size the widest measurement shah be used to determine
Sec. 29.10.0990. Standards of review.
The Director or deciding bad shall review €each application for a tree removal permit required by
this division she- w+ewa� ng the following sr+teria standards of review. The standards „r
(1) The condition of the tree or trees with respect to ,a i disease, LW-imminent danger of falling, er
structural failure, j proximity to existing or proposed structures - based -on a.repen#ror» -a
eegAJed arberist,a structural damage to a building, or,,L a public nuisance caused by a tree.
Th.
(2) The condition of the tree giving rise to the permit application cannot be rgdused to a less than
significant level by the reasonable application of preservation, preventative measures or routine
maintenance.
G�, „eel.
(3) The removal of the tree(s),will not result in a dehsity 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
u, protected tree shotse rdn oyes} txalass.remeva is unavoidable due to restricted access to
the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.)_ The.tsee
cew eyed -egall he With the starldartasan sestien 28 18 -0965 of jhiss46sde,
Tree { ten $reieetien+aaeasures for 4h* is rroafed -hi'a proposed subdivision
(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 lush a. oase, the removal shall ge
epnditiened+rpen replacemAnf in a6cw4anGe with the - standards in seslion 2848,855 of IMF
Cede.
(7) The Hillside Development Standards and Guidelines cuneru.vorsion,
Ile
Page 9
(8) Removal of the protected jree(s) will not result in a substantial adverse change in the site's
aesthetic and biological sig`n'ificance; 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 aapiftcant impact on the property , Significant impact from a
tree is defrnea in Sec. 29 .10.0955 Iiefimtions
(Ord. No. 2114, §§ 1, II, 8 -4 -03)
Sec 29.10.0992 Required Findings
structure of the tree.
. --A7)
_ (8) . The removal of the tree is unavoidable due to restricted access to the pro�ertv
(9j__The removal of the.tree is necessary to repair a geologic hazard
L2 in_addibon to the tee ano appncnuun
29.10 0982, the applicant will be required to submit one, set of, stamped, addressed envelopes
Page 10
(5)
l...,.... .
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building,, ro_adina 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,Tts species, size,(tliameter, canopy dripline area, height) and location. This requirement
shall be met by including iKe following information on plans submitted in connection with the
development application.
(b) !n addition, tl 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
species size diameter canoov dripline area, het ht anp IGCauu;;.
(c) Within the rd ipline 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 d reetorreyiewed 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 _ - tandards 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- preservat+enepor? When development impacts are within the dripline of or will affect any
Pjotected tree, the applicant shall provide a tree preservation report prepared by a certified or
consulting arborist. The report, based on the findings of the tree survey plan and other relevant
information, shall be used to determine the health and structure of existing trees, the effects of the
proposed development and vegetation removal upon the trees, recommendations for specific
precautions necessary for their preservation during all phases of development (demolition, grading,
during construction, landscaping); and shall also indicate which trees are proposed for removal. The
ree , reservation eport shall stipulate a required tree protection zone (TPZ) for trees to be
retained, including street trees, protected trees and trees whose canopies are hanging over the
project site from adjacent properties. The TPZ shall be fenced as specified in section 29.10.1005;
(1) The final approved ree ; reservation , [eport shall be included in the building permit set of
development plans and printed on a sheet titled: Tree Preservation Instructions (Sheet T -1).
Sheet T -1 shall be referenced on all relevant sheets (civil, demolition, utility, landscape,
irrigation) where tree impacts from improvements may be shown to occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to ptesdrve all
trees recommended for preservation by the dreslerTowns consulting arborist. The Town
reviewing body may determineAtiorany 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
reptaser.,,_ 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 ic: - :,:.:; . 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 jublished by the Council of Tree and
La id ca,. ? D Classification Guide,published
b3LItle W, 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 develo ment o bd'
submit to the�►�ctor a final tree preservation report prepared by a certified ortconsultindeveloper
g erbonstt.
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. Fer- trees -.lhal are_ -aet -Pretested frees, 4AW h avers ry
reMOved; -the developer -shall pay a4me- iw.the amount- -egaalfo fhe apptai �alueof-lI4@_� I
tree. For Fotected trees, which were removed, the developer shall pay p� me i the ambunt of the r -
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) Protestve-fensi Kj4AspeGhen. -Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the Sbuilding 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 T1ree Ppreservation Rreport.
(f) If required by the dOirector 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, 11, 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- k* 4) -G a ix (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.
Page 13
(3) Duration of Type I, Il, III fencing. Fencing shall be erected before demolition, grading or
1 construction and remain in place until
1 , cr- Contractor shall first obtain the approval of the project a rborist on record
j'1 .. 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 t ^_r. irector.
(3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the
dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected
tree
(4) Prohibit the attachment of wires, signs or ropes to any protected tree.
(5) Design utility services and irrigation lines to be located outside of the dripline when feasible.
(6) Retain the services of -, certified or consulting arborist r ! . . , i - .
for periodic monitoring of the project site and the health of those trees to be preserved. The
,, shall be present whenever activities occur which
pose a potential threat to the health of the trees to be preserved and shall document ail
(7) The DrJrector 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.
WoodvVPlant Management— Standard Practices (Pruningl Alt- prt"nq of protec>4ed trees -shah 4e
f es- Angeefacle.= sensistent with the F esstab! shed by fhe
Irslen+atk)nat Society ot- Afl3ericulkare OW7 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 teri#44ng any
if specified.
(1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a protected tree shall obtain permission from the +, .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
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) Cn LF
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- P -eace,
Officers. i
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.1025. Enforcement— Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the following
remedies shall be available to the Town for violation of this division:
(1) Tree removals in absence of or in anticipation of development. If a violation occurs in the
absence of or prior to proposed development, then discretionary applications and /or building
permit applications will not be accepted or processed by the Town until the violation has been
remedied. Mitigation measures as determined by the director may be imposed as a condition of
any subsequent application approval or permit for development on the subject property.
(2) Pending development applications. Incomplete applications will not be processed further until
the violation has been remedied. If an application has been deemed complete, it may be denied
by the director or forwarded to the Planning Commission with a recommendation for denial at
the director's discretion. Mitigation measures as determined by the director may be imposed as
a condition of approval.
(3) Projects under construction.
If a violation occurs during construction, the Town may issue a slop work order suspending
and prohibiting further activity on the property pursuant to the grading, demolition, and /or
building permit(s) (including construction, inspection, and issuance of certificates of
occupancy) until a mitigation plan has been filed with and approved by the director, agreed
to in writing by the property owner(s) or the applicant(s) or both, and either implemented or
guaranteed by the posting of adequate security in the discretion of the director.
Page 15
r.
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 r
c. If the court or director directs a replacement tree or trees to be planted as part of remedy to
the violation,"ike 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 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 t is division s' which the Town prevails, the court
shall award to the Town all costs of investigation -arid 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, §§ 1, II, 8 -4 -03)
Sec. 29.10.1040. Notices
Code. All notices required under this division shall conform to n0ticin rovisions o! the applicable 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 apoeals shall comply, with the Public noticing
Provisions of section 29 2D 450 of the Town Code
(Ord. No. 2114, §§ I, II, 8 -4 -03)
NMEMRDW0151PCExhibit 3- Proposed Amendments Chapter 29.docx
Page 17
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hltentionally
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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 25 101098z_ AVQLtu91'Urrs fn; I lemaoi iree pruning permit.
Sec. 29.10.0985. Determination and conditions of permit.
Sec. 29.10.0990. Standards of review.
Sec 29.10.0992 Required Finding
Sec_ 29.10.0994, Additt�nal procedures Tor Heritaige Tree femoval 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 2910_:1040 i'vouces
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 division Chaple i 26 of this Code.
Page 1
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
Sec. 25.10.0955. 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) U- 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((i0) feet in width. c
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 properly
as determined by a certified arborist or the
Development means any work upon any property in the Town which requires a subdivision,
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 r ^ feet (., , inches) above natural grade. Measurement of multi - trunked trees shall be
determined by the sum of all trunk .__.. -s measured above 4he trunk unienat 4�5 feet f54 inches)
Director means the Director of Community Development, Dimon 404 Parks and - PWblis -works
Develop!, ; the 'i irector's designated representative.
Dripline area means the area aruung tt.e trunk of the tree extending out a distance ten times within X
drianeeffemthe. runkofthe tree atIhFoe naatwaigrade,where -X
squats -a <Wanse4e4; -1 imes the diameter of the trunk; as measured at throeaeetfit+irty six- inshes) or the
perimeter of the tree canopy whichever is greater.
diameter (75 inch circumference) trunk, or any other species wth a 48 inch or greater diameter (150.inch
circumference),
Pollardino means a rp uning technique where the ends of the branches of a tree are terminated with a
Protected tree means a woody perennial plant, usually with one (1) main stem or trunk, and many
branches. It may appear to have several stems or trunks and is usually over ten (10) feet high at maturity.
A tree in the protected tree category means a tree regulated by the Town of Los Gatosoas 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,
growth and _ enhance performance or function by developing and preserving tree
structure and health - i in accordance with the current version of the
Page 2
Society of Arboriculture Best Management Practices —Tree Pruning and IANSI A300 -Part 1 Tree Shrub
and Other Woody Plant Management— Standard Practices, _f Prunin ), , gredused - by -44e jnternaf errs!
Ses aty of Arbtir+sultu ;&A), r:
�
Public nuisance, as dessribed in vesiien g6:a9:8b5, means any trees �
, shrubs, plants or parts thereof X,k
growing in, or overhanging, a public street-br right -of -way, or-open private- preperty,- interfering with the '
use of a public street �r ublic pla in the Town,) or trees which, in the opinion of the Ddirector, ry,.
endanger the Life, health, se on or property of any persons using such public street, or in such
public pl ce, 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. fir' S
Remove means r arty 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. �'.� , r
Severe pruning means
and stem-.afea
unbaianeing Of vmlaiaral-shap 4ree
at oliage -se as�erause he
Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over
fifteen (15) feet high at maturity.
Significant impac�_from a tree Onn a prope, means an unreasonable interference with the normal
and intended use of the property. In lei tYnin g 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 7'
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 determin' n of
significant impact.
Street tree means JWselreep in a public place, or along or within a public street or right -of -way.
Topping means _ the practice of cuttinc back large diameter hrannhcc M a ,rag iw i,.a ti..,
Tree protection zone (TPZ) means the area ofo•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
th e 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 Tirunk
Fiormula 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 ,b_ the Western Chapte+_of -the International Society of Arborists
I[ SA).
Undeveloped lot means any lot that is significantly under - developed or utilized against current
zoning. Parcels that-fe iture ,toads, walls, landscaping or other such improvements are considered
undeveloped (See aiso;�,ecZ nt lot).
r'
Page 3
Vacant lot means any lot featuring existing development that is no longer occupied or otherwise used
in accordance with existing zoning. (See also, undeveloped lot)
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 29.10.0960. Scope of protected trees.
This division shall apply to every property owner and to every person, corporation, partnership, sole
proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees
protected by this division are:
(1) All trees which have a twelve -inch or greater diameter (thirty -seven and one - half -inch
circumference) of any trunk or in the case of multi -hunk trees a total of
( ) or greater diameter ('
of all trunks, where such
trees are located on developed residential property.
(2) All trees of the following species which have an eight -inch diameter (twenty- five -inch
circumference):
a. Blue Oak (Quercus douglash)
b. Black Oak (Quercus kellogil)
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 ( "') of this section (e.g.,
landscape or site plans).
(5) Any tree that was required to be planted or retained by the terms and conditions of a
development application, building permit or subdivision approval in all zoning districts, tree
removal permit or code enforcement action.
(6) All trees which have a four -inch or greater diameter (twelve and one -half inch circumference) of
any trunk and are located on a vacant lot or undeveloped property. s
(7) All trees, which have a four -inch or greater diameter (twelve and one half -inch circumferenc "sf
any trunk and are located on developed commercial, office, or industrial property.
(8) All publicly owned trees growing on Town lands, public places or in aright -of -way easement
wiw+ havr: a fwur -inch or oreater diameter ltweve_ and_.one haft -finch circumlerence o! ariy
trunk. �' I
(9) A protected tree may atso be "a stand of trees, the nature of which makes each dependent upon
the other for the survival of the stand.
r
measurement of trunk diameter r . circumference for the purpose of applying this section shall be
made Rwee jai 5 feet 5 inches) above natural grade. Measurement of multi - trunked trees shall be
determined by the sum of all trunk diameters aklrurahr� measured at3ove the Nu ++k umtxr at,4.5 feet _L±1
above natural grade.
i
(Ord. No. 2114, §§ I. Il, 8 -4 -03)
Page 4
Sec. 29.10.0965. Prohibitions.
i
Except as provided in section 29.10.0970, it shall be unlawful ;
(1) To remove or cause to be removed any protected tree in the Town without first obtaining a
permi00<1 i ►q�this chapleruo sc. r
i
I circumference) of a Heritaoe Tre i cha�o�te�
(4) To conduct severe grunmg as deiined in Sec. 29.10.0955 r r, •' ; d; 1 r? Y ice'
(5P) For any person or business entity engaged in the business of removing trees or tree care to
remove a protected tree without a permit under this q�ipsiop /T4 permit shall be on -site at all
times during the tree and must be made bVailable upon request from the,Chief -of';i
Police, Code Compliance Officer, Director of Parks and Public Works Department, or their
designee.
h (Ord. No. 2114, §§ 1, II, 8 -4 -03) i
Sec. 29.10.0970. Exceptions. i
The following1ree removals and conditions�are excepted from the provisions of thisIdi j ion and -may
be removed without Town approval or issuance of a tree removal permit:
(1) Emergencies<,lf the condition of a tree presents an immediate hazard to life or property, it may
be removed without a permit on order of the Uirectw Town Manager, "Town Engineer, the
f'tari*ooq 04,ecto, the Pprhe 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).
Sec
L3-L_Any of fhe following trees that are less than 24 inches in diameter 175 inches in circumference)
�1
\
(Ord. No. 2114, §§ I, II, 8 -4 -03)
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 that Polio
Department Offer business hours, prior to removal in order to confirm the emergency situ do cif
the Town <eenhrms,`the emergency situation pursuant to Section 29.tU.097Q ph c,5
Page 5
documentation and written verification by the properly ownei_p tree service, removing the tree
wilt he 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 'irector the documentation required above and in section 29.10.0980
t:
If the irector determines that the condition was not arf emergency requiring immediate action, the
person responsible for removing or damaging the plotectei tree shall be subject to fines and penalties as
set forth in section 29.10.1025.
(Ord. No 2114, §§ I, 11, 8 -4 -03)
Sec. 29.10.0980. Applications for a tree removal or sever re prunin permit.
Applications for a protected tree removal or s ver runrn permit for trees on private property shall
be available from and filed with the _ -iiL @ [)eveJGpmenl F >epartmentlown as indicated on the
hL catoc,.. Application submittals for the removal of trees on public property ists�t trees) are provided
for in Chapter Seu_ 26.10.060 of the Town Code. Applications forlree removal or_sever_e pruning on
private property may be granted, denied or granted with conditions. Application submittals for f oval or
severe w „pruning of trees on private property shall include the following minimum informatio f�i or staff
view'. - r<-
(1) A completed tree removal application form, signed by the property owner- agent.
(2) A written explanation of why each tree(s) should be removed ut pruned and how it meets the
Town's iandardfer allewabiefemovalStandards 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 on•tpmpany letterhead
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 ong.tree); condition of health, condition of
structure; and if Iraeare tree risk findings apply, an ISA Hazard Rating F- esraTree
C.. ;' r,I Assessment and Ralinn mast be cornnleteu usinu the most recent version of
L
(5;
buildings, structures,. im royements or utilities would be _
directly caused by the tree_
Fayment of Ppermit fee, as established by Town resolution.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec 29.10.0982. Applications for Heritage Tree pruning permit .
included in the
111-A completed Heritage Tree, pruning permit, signed by the property owner.
Page 6
(3) Photographs of the tree indicating at best possible where Pruning is to occur
L41 If required by the Director, a certified or consulting arborist's written report describing tile
orumng,
(6 Pavmenl of hermit fee- as established by Town resolution
Sec. 28.10.0985. Determination and conditions of permit.
The Diresior--Gf.fiomrsaunify Developrn Director shall determine whether to grant al permit The
o,Arector 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 Ddieector or th
body shall impose, except when removal is permitted if the tree is dead or a hazardous. 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 the- 4)rres4ec-�4-�+ar — aA Public- -Works
9epa$4MGPlDirector 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 [)haste- W42a*s
and#�ubRc Works Departmer; 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 ur trees cannot be reasonably planted on the subject property, an to -lieu Payment in an
ar,it,unt set forth by tt_,e Town Council by resolution shall be the -value of 449 Femoved*ee(s)
Fha4l tw paid to the Town Forestry- FupdTree Replacement Fund to:
a. Add or replace trees on public property in the vicinity of the subject property, or
b. Add or replace trees or landscaping on other Town propertyLr: Replaeement4 value -of _a
free the Meet eaeerrt "44A 9f the G" cla 46f 4a - Appraisal, -as
prepared fey the Ge�laf Tree and taadseape Appraisers
Ic. Support the Town's urban forestry management program
Tablo4-3- 4xoe6anepy- Reptacean)E44 Stendard
I
COLUMN 3 C44114114" Er A4AF R
i
a 'RePlareFReRt 4FePS ... /iti2:a31 V2iiQe
(iV�d3fIRiliFR �r53dfifE'aEP{3riep�
i
4feP.& 9spF- ..
i3we- ?4iaeta- he�size- (Mipiraartr) 9ne36�acla#�ex -site
Page 7
;r
40 feet -27 feet
lh;pE?44- i4C440rsite
Two- 3b4*4644x size
I
2 4eet -A444W
Few -24 imch
484+a4E-a-bo4,-sire
40 feet- A4eet
Sir« -244 4bex -54re
Twe36 'let) )boosire
Requirement'
Replacement Option"
Tw&494nc4 size
56ieet 60#eet
:4-we-2A An h bar RAd4We
'bele%
I
'Three 24 inch box trees
36 -iaeb lrerr,�s
t+NO- 48- irrt- b- bex3ize
.
60 feet
faelew
'belew
using- Table3 -1
Table 34, is a fnatAx 4erawle- used4e detegnirre- hew -many , frees 4.
approximate the nest sanepy of Nre removed kee- eve rahe course et Ten 418}�ears+vi0amederatesare
(34 -fie measure an asymmekisai sanepy ef�area, tfra +wdest srreasuren%PA Shall be dsad To
determine sane fey size.
(24 (AeR -ii is net pess+bl040 -replace --a 6 nyle 4r9e.x�1 .tree equivalent TSee(s)' -ln 44w
ease; the .Nee a"[- be +eplased with- e- sembinatien of bath the Tsee Canopy and -Tfee Value
StandardsasttetoFmk-,ed by !he d Fester:
(Ord. No. 2114, §§ 1, II, 8 -4 -03)
Table 3 -1 - Tree Canopy - Replacement Standa rd
Canopy Size of Removed Tree
Replacement
; 5in¢le Family Residential
Requirement'
Replacement Option"
10 feet or less
Two 24 inch box trees
Two 15 eallon trees
I
More than 10 feet _t025 feet
I
'Three 24 inch box trees
Three 15 gallon trees
More than 25 feet to 40 feet
Four 24 inch box trees, or
Four 15 eallon trees
Two 36 inch box trees
More than 40 feet to 55 feet
:2A 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
Page 8
,To measure an asvmmetrical canouv of a tree. the widest measurement shall be used to determine
Canopy size-
Sec. 29.10.0990. Standards of review.
The Director or deciding bogivshali review €each application for a tree removal permit required by
this division sheit-fj re»awed usAg the following srdteria standards of review. The.11end?rds of review
(1) The condition of the tree or trees with respect to: fldisease, (b)_imminent danger of falling, or
fcj structural failure, jdj proximity to existing or proposed structures.hased en -a reperi -frern a
sertffiedBrberist,sgj structural damage to a building, or_(f) a public nuisance caused by a tree.
ems.
Lmcl a,2 c pit _.� ,
(2) The condition of the tree giving rise to the permit application cannot beprBdueed 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
no protected tree "14,00 }emoved amass Fentovat is unavoidable due to restricted access to
the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.), TJheJree
remevedeha4 -6o reptaGed i446sordanse -w4h the standards in 158069 28484986 -of this -Cede.
Tree pr measures fer any Jet tfaai is sreatedbf a proposed 5abdivisien
O"and thaWGGMP1y M*,the Mgafatiens014 s Gods,
(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 sa+eh -a- case; 44a aeA4" shali -be
sond"ned aipen replasament in 4000fdance with the standards in - section -29 38;888;1 of -#*
Cede
(7) The Hillside Development Standards and Guidelines, fg6iij ro versien.
Page 9
(8) Removal of the protected tree(s) will not result in a substantial adverse change in the site's
aesthetic and b616gical sidnlficance; 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 aonificant impact on the property,_ Su ii.,q— r__npact from
Iree is defined in Sec. 291 0.0955 V
J_10) The species, . size. diameter, canopyheyl t z esgn�ated aye and locapon on the propeny.ol „the
rotected tree
-
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec 29.10.0992 Required Findings
LIj_ The free 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 protected trees to the extent that removal or severe pruning is
necessary to ensure the long -term viability of adiacent and more significant trees.
alternatives to preserve the tree.
(71 The retention of the protected tree would result in reduction of the otherwise - permissible building
envelope by more than twenty -five {25) ep rcent.
(8) The removal of the tree is unavoidable due to restricted access to the property.
(91 _ The removal of the tree is necessary to repair a geologic hazard,
cannot be made.
Page 20
(5)
urourems.
also be issued.
Sec. 29.10.0995. Disclosure of information regarding existing trees
(a) Any application for a discretionary development approval, or for a building - gradinQ 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 someter, 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) In addition; -it he location of all other 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 CanODV drioline area height! , and location. F -
(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. 2194, §§ I, II, 5 -4 -03)
Sec. 29.10.1000. New property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the
removal of or impact to one or more protected trees. The development application shall include a
Tree Survey Plan and Tree Preserva—I'lon Repo "rt 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 ,f 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 #4) d r terrewewed bv_the_Towns_consulttng 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 - standards , 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); , t r., Yt.. -- =;r EN When development impacts are within the dripline of or will affect any
�wgtected tree, the applicant shall provide a tree preservation report prepared by a certified or
bonsulting "irborist. The report, based on the findings of the tree survey plan and other relevant
i 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
j 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;
i .
r.
(1) The final approved - :ree . reservation deport 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 improveTents may be shown to occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to `preserve all
trees recommended for preservation by the The Town
reviewing body may determine that any of the trees recommended for preservation should be
removed, if there is evidence submitted, that due to special site grading or other unusual
characteristics associated with the property, the preservation of the tree(s) would significantly
preclude feasible development of the property as described in section 29.10.0990;
(3) Approval of final site or landscape plans by the appropriate Town reviewing body shall comply
with the following requirements and conditions of approval:
a.
hr` -
ell,
l
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 . 1, ., .,1
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
the International Society of Arboriculture.
The appraisal shall be performed at the applicant's expense, and the appraisal shall be
subject to the s' 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 subdivision improvements, the developer shall
submit to the director a final tree preservation report prepared by a certified or consulting arborist.
This report shill 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. , -14 l
Her For protected trees, which were removed, the developer shall pay .a fine in the amount of the
appraised value of such tree in addition to replacement requirements contained in section
29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all
trees within the development for a period of one (1) year following acceptance of the public
improvements of the development.
(e) tN f r s;ru; {rssasYa., Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the asuilding _)department a written statement ai
ti ±rutoa,�,nt,i3 <.
verifying that the required tree protection fence is installed around street trees and
protected trees in accordance with the ? {ree .;reservation Rieport.
(f) If required by the wirector 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, 11, 8 -4 -03)
Sec. 29.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials € f; r;ix (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.
Page 13
(3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or
construction and remain in place until
. Contractor shall first obtain the approval of the project arborist on record
prior to removing a tree protection fence.
(4) 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 <,, irector.
(3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the
dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected
tree
(4) Prohibit the attachment of wires, signs or ropes to any protected tree.
(5) Design utility services and irrigation lines to be located outside of the dripline when feasible.
(6) Retain the services of certified or consulting arborist
for periodic monitoring of the project site and the health of those trees to be preserved. The
shall be present whenever activities occur which
pose- a potential threat to the health of the trees to be preserved and shall document all
(7) The 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, Il, 8 -4 -03)
Sec. 29.10.1010. Pruning and maintenance.
Woody Plant Management —Standard Practices. (Pruning) All pruning of protected -4rees shat) tie
consistent .wits the current edition of Ikesf-Mana9err+eM RraolWa= 7 „in9�sstabli Shad - by-fhe
International Snetety of Arboriculture (ISAy 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 foctiltzing any
if specified.
(1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a protected tree shall obtain permission from the 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 cxctL't where nu utiier
is prohibited.
Page 14
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
See. 29.10.1015. No limitation,of authority.
Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title
29 (Zoning Regulations), Title 26 (Trees and Shrubs) or the Hillside Development Standards and
Guidelines to require trees and other plants to be identified, retained, protected, and /or planted as
conditions of the approval of development. In the event of conflict between provisions of this division and
conditions of any permit or other approval granted pursuant to Chapter 29, Chapter 26 of the Town Code
or Hillside Development Standards and Guidelines, the more protective requirements shall prevail.
(Ord. No. 2114, §§ I, 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 tq_the,-
following: Director of Parks and Public Works, Code Compliance Officer, Town Arborist and Towrf'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 the director, agreed
to in writing by the property owner(s) or the applicant(s) or both, and either implemented or
guaranteed by the posting of adequate security in the discretion of the director.
Page 15
b. The violation of any provisions in this division during the conduct by any person of a tree
removal, landscaping, construction or other business in the Town shall constitute grounds
for revocation of any business license issued to such person.
(4) Mitigation plans. A mitigation plan shall include specific measures for the protection of any
remaining trees on the property, and shall provide for the replacement of each tree that was
removed in the same location as the removed tree or as determined by the Director of
Community Development, or by the Director of Parks and Public Works, if replacement is to
occur on public property. The replacement ratio shall be at a greater ratio than that required in
accordance with the standards set forth in section 29.10.0985 of this division.
(5) Civil penalties.
Notwithstanding section 29.20.950 relating to criminal penalty, any person found to have
violated section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in
subsections , through
a. As part of a civil action brought by the Town, a court may assess against any person who
commits, allows, or maintains a violation of any provision of this division a civil penalty in
an amount not to exceed five thousand dollars per violation.
b. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in
an amount not to exceed five thousand dollars per tree unlawfully removed, or the
replacement value of each such tree, whichever amount is higher. Such amount shall be
payable to the Town and deposited into the
Replacement value for the purposes of this section shall be determined utilizing the
most recent edition of the Guide for Plant Appraisal, as prepared by the Council of Tree
and Landscape Appraisers ,
c. If the court or director directs a replacement tree or trees to be planted as part of remedy to
the violation, the trees shall be permanently maintained in a good and healthy condition.
The property owner shall execute a two -year written maintenance agreement with the
Town.
d. The cost of enforcing this division, which shall include all costs, staff time, and attorneys' ,
fees.
(6) Injunctive relief. A civil action may be commenced to abate, enjoin, or otherwise compel the
cessation of such violation.
(7) Costs. In any civil action brought pursuant to this division in which the Town prevails, the court
shall award to the Town all costs of investigation and preparation for trial, the costs of trial,
reasonable expenses including overhead and administrative costs incurred in prosecuting the
action, and reasonable attorney fees.
(Ord. No. 2114, §§ 1, 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 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 required under this division shall conform to nolicing provisions o! the applicable Town
Code.
Sec. 29.10.1045. Appeals.
cf .. r. 1; ,< t r .r,e..
Any. •persd'n 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 ofThe Town Code. Ail appeals shall comoly with the public noticinq
provisions of Section 29.20.450 of the Town Code
(Ord. No. 2114, §§ I, 11, 8 -4 -03)
N1DEVk0RDS12015TCExhlbil 3- Proposed Amendments Chapter 29.docx
Page 17
This Page
Intentionally
Left Blank
(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, eclared a public nuisance.
(a) Any trees, shrubs, plan . or parts thereof growing in, or overhanging, a public street or rightrof -way,
OF upew$rivate -p spe interfering with the use of any public street or public place in the Town, or
trees which, in the opinion of the Director, endanger; the life, health, safety, comfort or property of
any persons using such public street, or in such public place, because of the tree's or shrub's
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 AL uidarnbar svracifiva) Planted in a parkway strip that has created or will
imminently create persistent and uncontrollable damage to the sidewalk curb and P otter pavement,
or adjacent 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)
JSec. 26.10.060. Maintenance and removal of trees.
0 u VV l (a) The depapa3ent ei. packs ; oresfryarx{FRaiAteoar61413eoartment of Parks and Public Works services
I is responsible for inspection, maintenance, removal and replacement of all trees in public areas and
' a parkways. No person shall trim or prune any tree in the public right -of -way without written
U1 authorization from the Director. When a tree in a parkway does not constitute an immediate danger
to persons or property, the Director shall not remove it without giving at least ten (10) days' written
notice to the owner of the property, or if the tree is located on a parkway owned in fee by the Town,
to the owner of the nearest abutting property, and posting notice of removal on or near the tree.
(b) Maintenance of trees, as authorized in subsection (a) of this section includes, but is not limited to,
root pruning to prevent damage to sidewalks and curbs or to permit repair of such damage, and
pruning of limbs to compensate for root removal.
(c) The Director may remove limbs from any tree regardless of the location of the tree upon a finding
that the removal is necessary in the interest of public safety. If such tree is on private property and
does not come within the provisions of section 26.30.010, the Director shall not remove any such
limbs without giving at least ten (10) days' written notice to the owner of the property, and posting
notice of removal on or near the tree.
(d) Nothing in this chapter shall be deemed to impose any liability upon any member of the Town
Council, or the Town or any of its officers or employees, or to relieve the owner and the occupant of
any private property from the duty to keep the property, and the sidewalks and parkway in front of
the property in a safe condition, and not hazardous for public travel.
Page 4
tree.
tree.
r
(7) The removal of the tree is necessary to repair a geolocic hazard.
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
Parks Commission. Appeals shall be commenced by filing a written notice of appeal with the
Secretary of the Parks Commission within ten (10) days after the property owner or possessor of
land is notified of the decision. The notice of appeal shall state the name and address of the
appellant, the location of the tree, including the street address of the property most likely to assist in
Page 6
Q Photographs of the tree indicating as best possible where pruning is to occur.
(�U_ If reguired by the Director a certified or consulting arbonst -s writlen report describing the
Proposed prumng
(§ - Payment of permit fee as established by Town resolution
Sec. 29.10.0985. Determination and conditions of permit.
The 9ireater44 Director shall determine whether to rant ,at;a
g permit. The
r!Director 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
Iunder 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 L)Jrector or the deciding
body shall impose, except when removal is permitted if the tree is dead or a aea =uaus 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 _i} _„ et t'priss aac pt�blts ><aa kt
DepagateniDirector 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 Pireetoref PW4ks
and 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,
to the
to:
a. Add or replace trees on public property in the vicinity of the subject property; or
b. Add oA mOko trees or landscaping on other Town property or, Replaserraeot_va1ye-O"
Ic. Support the Town's urban forestry management program
Table -3 3 - -T
66bNA4W�
GGLUMN4
IRr
Two-2-4ine444 e* %f4m4ouaurrt)
E9Lk1A4N3
. A4eWaUYe4+ee
Page 7
i
4P �44P'et
U61ng 4ab4e 3-4
Table 3-4-,-46
1hfee44 +nEA t+ex 3iae
i�awr;2�9- irk'+- hex-site
i 3i+r- 24- irr�r- hex -sire
i
i
'; ewe- 2��aehar�ttiws
36- bexia+t�
iwe�;AEa -max -see
'bek>w
la�ru36- ir+etr�3+ze ;
i
iwe48anf#t3errsize
Two
�helew
l
'belay
be -required Aw-- i31a"- to
f4t —fo shal be uset 44D saeaswa aR- asymA%W al raAWy -of slree; e widest rneaureaen
determine caneiiv -64-1e
i2}_-9fte44. -+1-4s net- pee&ibt@- Feolasea sirrgle4arge, -Glder tree`Ag4haseouivalent�rae(si: 444hi6
sass, -tho free alt be- te�laced wrtfr -a so Wlatioo of bath the Tree -C,Wr and Ttee Value
&andardsaebeterMinedby-the direOWa
(Ord. No. 2114, §§ 1, II, 8-4 -03)
Table 3 -1 =Tree Canopv - Replacement Standard
ICanopy Size of Removed Tre e'
10 feet or less
I
More than 10 feet to 25 feet
I '
IMore than 25 feet to 40 feet
More than 40 feet to 55 feet
Greater than 55 feet
r
Replacement
Requirement"
!IiTwo 24 inch box trees
Three 24 inch box trees'
i
Four 24 inch box trees; or
'Two 36 inch box trees
Six 24 inch box trees; or
,Three 36 inch box trees
,Ten 24 inch box trees; or
Five 36 inch box trees
Notes V t
Single Family Residential i
Replacement Option`
Two 15 Rallon trees
Three 15 Rallon trees
;Four 15 gallon trees
i
I
Not Available
Not Available
Page 8
O 11 � j/ ��!
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 inzlong term), such as upslope grading or compaction outside of the dripline;
(3) Notation of all trees classified as protected u, iteri, 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 ropHarded_ao the d3i,eslerreviewed 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 Srtandards 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;
(o)w 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
ime phreservation id_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 'i tree Pjeservation ;report shall be included in the building permit set of
development plans and printed on a sheet titled: Tree Preservation Instructions (Sheet T -1).
Sheet T -1 shall be referenced on all relevant sheets (civil, demolition, utility, landscape,
irrigation) where tree impacts from improvements may be shown to occur;
(2) The Town reviewing body through its site and design plan review shall endeavor to preserve all
trees recommended for preservation by the _FC ' t.o;isulrinq aroonst. The Town
reviewing body may determine that any of the trees recommended for preservation should be
removed, K 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
a la<e�aes value of all trees included in the tree report affected by the development that
are required to remain within the development ,,sux,_the : rce ya, e Slande, tit E_;o<.ciio
s set fc�r(1 n,is r'ILakte,. 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` oublished by the
i ne 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
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 subdivision improvements, the developer shall
submit to the director a final tree preservation report prepared by a certified or consulting arborist.
This report shall consider all trees that were to remain within the development. The report shall note
the trees' health in relation to the initially reported condition of the trees and shall note any changes
in the trees' numbers or physical conditions. The applicant will then be responsible for the loss of any
tree not previously approved for removal. €er trees-k+at are- aot- Nretesteca trees; + ' WeFii
Fhali pay a tins ift -#he t+rr+eturi equatati-- tfre- apfuaised value- Gi- -tAe eub}eF;t
For protected trees, which were removed, the developer shall pay a fine in the amount of the
appraised value of such tree in addition to replacement requirements contained in section
29.10.0985 of this Code. The applicant shall remain responsible for the health and survival of all
trees within the development for a period of one (1) year following acceptance of the public
improvements of the development.
(e) , t Prior to issuance of any demolition, grading or building permit the
applicant or contractor shall submit to the ,-,:wilding apartment a written statement -
u verifying that the required tree protection fence is installed around street trees and
protected trees in accordance with the ^tree reservation , , eport.
(T) If required by the uuirector and conditioned as art of a discretiona approval, a secunr ua�ainwu
s a e o e own. rior to a issuance of any permit allowing construction to begin, the me
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 t
one (1) year f II ' .g acceptance of the public improvements for the development and shall be
fo e- m 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 3.,t '' t�Dix (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.
Page 13
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 director a final tree preservation report prepared by a certified or consulting arborist.
This report shall consider all trees that were to remain within the development. The report shall note
the trees' health in relation to the initially reported condition of the trees and shall note any changes
in the frees' numbers or physical conditions. The applicant will then be responsible for the loss of any
tree not previously approved for removal. s 44 ,k £ + =c' hot t eta �ya� k
< For protected trees, which were removed, the developer .� ay fine *the � amount 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) Rreteslive lensing inspestier,. Prior to issuance of any demolition, grading or building permit, the
applicant or contractor shall submit to the i3building fJoepartment a written statement riisy
Photo graphs verifying that the required tree protection fence is installed around street trees and
Protected trees in accordance with the ' tree Ppreservation Report.
(f) If required by the aDirector and conditioned as art of a discretionar approval, a securit guarantee
S a a o e own. rior tot the issuance of an
applicant shall post cash, bond or other security satisfactory t othe Director, iin the penal sum of five a lowing cons ruc ion to
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
of—ir elF 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
y protected tree.
(Ord. No. 2114, §§ I, II, 8 -4 -03)
Sec. 28.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials A 4'c fo) s siix (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) feel
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 1: 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.
Page 13
s a�
Action Items
E. Tree Protection Ordinance Update
Mr. Kass, Special Proiects Manager, provided the Commission with a report
on the upcoming update to the Town's Tree Protection Ordinance. Mr. Kass
requested input from the Commission, which provided the following comments:
• Supported a simplified process for removal of nuisance trees, and requested
that staff include exploring eucalyptus trees as a nuisance.
• Supported a more restrictive and "intelligent" process for Heritage Tree
pruning and removal requests.
• Requested that the Commission have a representative on any committee or
board that may be established by the Council to evaluate and make
recommendations for individual Heritage Tree designation.
• Provide links on the Town's website to information on tree care and proper
pruning methods.
• Expressed the importance of educating Town residents on proper tree
selection and planting, with particular attention to future impact on view-
sheds and solar installations of neighboring properties. pY^'
COMMISSION /COMMTTTEE MEETING REPORTS
A. Beautification Committee
orenson)
Commissioner Corenson provided an update from the ugust 26 °i
Beautification Committee meeting, which covered: /
• Power washing of sidewalks
• Cleaning of garbage cans I //
• Trail cleanup of garbage can lids f
• Students can receive community service credit for volunteering
B. Goals Committee (Gordon /PPW Staff) J
� �
No report given. CP � C
C. Bicycle AdAsory Committee
(Scott)
No report given.
g. ADJOURNMENT
The meeting was adjourned at 7:42 p.m.
I
PACe 3
To: Planning Commission
Re: Proposed amendments to Chapter 29 - Tree Protection Ordinance, 2/11/2015
From: Dave Weissman 2/10 /2015
I have reviewed the Planning Commission Staff Report and find it a good
beginning. It does address many concerns about those trees within the Town's non -
hillside areas and should make many citizen's lives easier,
But the Los Gatos hillside's trees and environment are a different issue, and
Should be addressed differently and separately from those of the flatlands. For
example, while many species of non - native trees may be suitable for the flatlands,
this is not the situation for the hillsides.
I thus recommend the following:
1. Chapter 29 proposed revisions should be referred to the General Plan Committee
where interested and knowledgeable citizens can interface with staff and any
concerned TC members and revise this document. A PC meeting is not a suitable
venue for such a discussion. Such a process was successfully followed in 2003 when
the current Tree Protection Ordinance was last revised.
2. This General Plan
given
A. Chapter 29 should be divided into two sections: one concerned with trees
in the hillsides (as defined by the map on page 8 of the HDS &G) and the second
section concerned with non - hillside trees.
- "' VI t w unprove enforcement of Section 29, the attached "flow
diagram" or a modification thereof, should be considered in an effort to expedite
enforcement and make penalties more objective and uniform.
Additionally the staff report notes that there have been no public comments
on these proposed amendments. This lack of response does not reflect a lack of
interest but the fact that these documents have been almost totally unavailable for
review or comment.
I will briefly speak at the PC meeting and can answer any questions this letter
may generate.
Dave Weissman
+. r:
f ---
f � � ✓Q
■
Sec. 29.10.1o45. Appeals
Sec. 29.10.0950. Intent.
This division is adopted beCaUSC 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 pri vate 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
I Process. This section does not supersede the provisions of
. :: ,:. 26 of this Code.
�l�tt:
1ow8 oa TOWN OF Los GATOS
,
TOWN CODE
��_.
Mary Badame
_ PL \NNINN COMMR510�'CR
Chapter 29 - ZONING
REGUU
ARTICLE I. - IN GENERAL
1 1 0 1 . P1 AIk SI RFPr. LPS (iAl pS. (d 9S00
154 rAX.c 154 75)1
DIKSION2- TREE PROTEC770P
fIIONE
G FMAII I anWO ogaros - 'P,
See. 29,10.o950.Intent- *
Sec. 29.10.0955.
`O Mtlt{tI (lpVt (w S' S49pKfiD>�
Definitions,
Sec. 29.10.0960. Scope of Protected
r{1ta� G SerNi4� SeC �1ar� SHdin�tA {jt
trees.
Sec.29.10,o9a5. Prohibitions.
/+
CaY151L(tlPL� 7a/ tYtCS t1A h1115)*J Af
Sec. 29.10.0970. Exceptions,
pltSt�ntto<ruj Ih iiQ$ +t7, -rime 1Yt.
Sec. 29.10.0975. Emergency action.
hl(1SIf� eJgVIY0t1lyltr'ItT Sh3UU{ b t GGU tfj rl
Sec. 29.10. 0980. Applications fora tree removal permt.
QA a T I lot nGn d i .
} �
Weal /urf�tt ra�hrt,•h�>1 �,
Sec. 29.10. 0985. Determination and conditions ofpermlt lfi[S ^ nai-n +tesrald ht7 Uf1n4
Se S>7tC
Sec.
29.10.0990. Standards of review.
G r oomm l ka ' J
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. 29.10.1o45. Appeals
Sec. 29.10.0950. Intent.
This division is adopted beCaUSC 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 pri vate 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
I Process. This section does not supersede the provisions of
. :: ,:. 26 of this Code.
�l�tt:
(Ord. No. 2114
sm14a244' Cppl w)
nrnt heaAM Cf a 2
jM1AedtW hGuv'd (pof�f
nlfttwt} 9
Sec. 29.10.0955. I7eflnntons,er
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section. under applicable zoning
Budding envelope means the area of a parcel that (1) upon which,
regulations, a structure may be built outside of required setbacks without a variance ere ;rats nnecessary s feasible
for the construction of primary access to structures located on the parcel,
means of access which would avoid protected trees. On single- family residential parcels, the portion of
the pare deemed to be the building envelope access shall not exceed ten (10) feet in width.
Gadded or consulting arborist means an individual in the profession of arboriculture who, through
experien, education, and related training, possesses the competence to provide a tree report, tract
ce
survey or supervise the care and maintenance of of and o is c sts or approved by the international air of
Arboriculture, a member of the American Society s or Property
Dangerous means a tree, which is an imminent hazard or threat to the safety of Pars err
as determined by a certified arborist of the
Development means any work upon any property in the Town which requires a su bdivision,
variance, use permit, building permit, demolition permit,
' 9 djng perrnft or other Tw n approval or whidr involves excavation, tandscapirg, construction or clearing
and grubbing within the dripline or any area that would affect a protected tree. pplyirg this section shall be
Dismater means measurement of the trunk diameter for the purpose of
made feat ( inches) above natural grade. Measurement of multi- trunked trees shall be
determined by the sum of all trunk s measured
Director means the Director of Community ntabve. rJA
the irector's designated represe
„arm -s
Ddpkne area means the area
I_
the diameter of the trunk
n, ` � ,;,rte_
1Lkrdesl�t +ruh�n iX �� (ef Ci
emove, (ksfgnu�tln o/ cons
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 tan (10) feet high at maturity.
A tree in the protected tree category means a tree regulated by the Town of Los Gatos (as set forth In
Section. 29.10.0960, Scope of Protected Trees: )
Pruning means the selective removal of giant parts to meet specific goals and obJectives
and enhance performance or function by developing and preserving tree
grog in accordance with the current version of
stru re and health
Ht(t c Tlet ti!teanl an 'ice o� hir4an2 sl4nli'twlce 4s a free. hatil"Jage 2
htovd'vrtt"t related cite I+ertit►d� of 16. Tawn and clestlrlatetk
b action Of the T a
wn Couua1
irbALt.�avt fetoMMCrwtall+n bf t
rrefefvat )h CaMM0*e
Sec. 29.10.0995. Disclosure of information regarding existing trees.
j (a) Any application for a discretionary development approval, or for a building or demolition
Permit where no discretionary development approval is required, shall be accompanied by a signed
tree disclosure statement by the property owner or authorized agent which discloses whether any
Protected trees exist on the property which is the subject of the application, and describing each
such tree, Its species, size (diameter, canopy dripline area, height) and location. This requirement
shall be met by including the following information on plans submitted In connection with the
development application.
(b) he location of all ;• ::, 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
(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 dlvlskm including but not limited to photographs,
(e) Disclosure of information pursuant to this section shall not be required when the development for
which the approval or permit is sought does not involve any change in building footprint nor any
grading, trenching ur {raving.
(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. Now property development.
(a) A tree survey shall be conducted prior to submittal of any development application proposing the
v
remoal of or impact to one or more protected trees. The development application shall in in
clude a
Tree Survey Plan and Tree Preservation Report based on this survey. The tree survey
numbers shall correspond to a numbered metal tag placed on each tree on site during the tree
Page 11
PROPOSED CODE AMENDMENTS
CHAPTER 26 TRESS AND SHRUBS
CHAPTER 29 TREE PROTECTION
Submitted
By
Charles Erekson
Los Gatos Planning Commission
Sec. 26. 10.010 and 26.10.040
The definition of Street trees in 26. 10.010 reads "... those trees in a public place, or along or within a
public street."
The text of 26.10.040 reads in part "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."
What is the intended meaning of "along a public street "? Within the public right -of -way /easement?
Sec 29.10.0955
The use of "Heritage Tree" as another category of protected tree is an inappropriate use of the term
"heritage ". Heritage generally refers to something handed down from one's ancestors or the past with
some historical significance. In addition to the misuse of the term "heritage" to refer to protected
trees, trees which are truly "heritage trees" ... those with historical significance ... are not protected
under the Code.
I would suggest [1] expanding the definition of protected tree to encompass the trees specified in the
proposed definition of heritage trees and [2] developing a more appropriate definition of heritage
trees to protect those with historical significance. Perhaps the Historic Preservation Committee could
be helpful in crafting such a definition.
Sec 29.10.0992
Consider adding a required finding to this section similar to 26.10.063(11).
Sec 29.10.1045
Appeals of decisions of the Director covered by Chapter 26 are appealed to the Parks Commission
and then to the Town Council. Should appeals of the Director covered by Chapter 29 also be
appealed to the Parks Commission and then to the Town Council ... and not the Planning
Commission?
Should native species have some explicit protection under Chapters 26 and 29?
Sec. 29.10.1045. Appeals
Sec. 29.10.095o. 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 re the Town require that these trees be saved In order to preserve the scenic
beauty of the Town, prevent s in the it topsoil, provide protection against flood hazards and risk of
landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees
contribute stees within to the value rd land in the Town. It is the intent of this division to regulate the
removal of trees d thin the Towne order to retain as many trees as Possible consistent with the purpose
m this section and the reasonable use h private pro perty. It is the intent of this division to preserve as
many protected trees o possible throughout the Town 4hrough staff review and the development review
Process. This section does not supersede the provisions of
26 of this Code.
M.
'11111 of TOWN OF LOS GATOS
TOWN CODE I ,. 5:' Mary Badame
��(.. .. PLANti R:U (UM�tlticl0]EN
Chapter
29 - ZONING
REGUU !ps �p1pS
ARTICLE 1. - IN GENERAL
110E. NIA IN S1 REELL74 (,AX (4, W5
[AX Ia0N1?54 -75Y1
DIVISION MEE PRO
ELEi'OONF;:140b115afi874
EMAIL: Pla',mg(Nlospamscn Fr"
Sec. 29.1o.0g5o.Intent- *
Sec. 29,10.0955.
('ynStt�EI „taut: welssmatis su9gKfia
Definitions.
Sec. 29.10.o960.Sco eof'pt
P protected
,1 1
a serN /G re SeCjian shcwra h<
trees,
Sec. 29.10.0965. Prohibitions.
r� �"��
COYSItI�t /P(r Ta/ -free; tri htrrslr�rl AS
Sec. 29.10.0970. Exceptions,
hk'44A f„ H b S I & . -nnees IYL
Sec. 29.10.0975. Emergency action.
hl�ISl'f� ertVlYOhtYt[/iiJ ShauI(k ht AutV*-Sjejq
Sec. 29.10.0960. Applications for a tree removal permit.
aAtk St Olf'Uh ;vbM .�.fn a h of- Pl a t Gn l f l ,
Mwil` �urt�rr eA p)o(&'tar Ira./
Sec. 29.10.0985. Determination and conditions of permit. S�ICCIT�tS -- net nQ�estarll+� ht� U 5)oq)
Sec. 29.
1 0.099o. Standards of review.
T,SLy GP C_mml�RU. J
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 constructlon.
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. Sevarability.
Sec. 29.10.1045. Appeals
Sec. 29.10.095o. 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 re the Town require that these trees be saved In order to preserve the scenic
beauty of the Town, prevent s in the it topsoil, provide protection against flood hazards and risk of
landslides, counteract pollutants in the air, maintain climatic balance and decrease wind velocities. Trees
contribute stees within to the value rd land in the Town. It is the intent of this division to regulate the
removal of trees d thin the Towne order to retain as many trees as Possible consistent with the purpose
m this section and the reasonable use h private pro perty. It is the intent of this division to preserve as
many protected trees o possible throughout the Town 4hrough staff review and the development review
Process. This section does not supersede the provisions of
26 of this Code.
M.
;m►r�r� hu�ard C �� �
irytmedtttta hazard p
hlh lift-
(Ord. No. 2114, §§ I, II, 8-4 -03)
�ntituf(t 1 t Cpo
Sec. 29.10.0955. Deflnmonsor
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section• under applicable zoning
Building envelope means the area of a penal that (1) upon which,
f
regulations, a structure may be built outside o required setbacks without a variance or; (2) is necessary
for the construction of Primary access to structures located on the Parcel, where there exists no feasible
of
means of access which would avoid protected trees. On single- family residential tercels, the Pe
the parcel deemed to be the building envelope access shall not exceed ten (J 0) teat in width, through
Certified or consulting arborist means an individual in the profession to provide lt tree report, tree
experience, education, and related training, possesses the competence
survey or supervise the care and maintenance of of es; and who o is certified
stsO�pproveIr a the dalrectorety of
Arboriculture, a member of the American Society or property
Dangerous means a tree, which is an imminent hazard or threat to the safety of persons
as determined by a certified arborist or the
Development means any work upon any property in the Town which requires a subdivision,
' variance, use permit, building permit, demolition Permit,
grading permtt or Tam approval or which involves excavation, landscaping, construction or clearing
that would affect a protected
and grubbing within the dripline or any area rpos ofapplying this section shall be
Diameter means measurement of the trunk diameter for the purpose
Imade feet ( inches) above natural grade. f, "surement of multi franked trees shall be
determined by the sum of all trunk s measured
Director means the Director of Communityntative.
, the irector's designated represe a ns.
Drlpline area means the area
ik n -X
. rofIhetmnk _itf
the dia mete
(' c
emovc p�stgnui�n �r cdn5tik'�d�tz�ruti'ah he 1�u.1(hrr Cl,;,
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 Town to Los Gans es at maturity.
A tree in the protected tree category means a tree regulated by he
Section. 29.10.0960, Scope of Protected Trees.)
Pruning means the selective removal of plant parts to meet specific goals and objectives,
nhancerdance with the current version and preserving tree
growth . . and a version of the
stru re and health
F}tcf�a Tlee rrteuhs aw fret o� hilfafti sl4ftt'4;`(awct as A free ha'llki age 2
hattific. VAtut rdertir henfuo� of A%L Town an.a de5l)O -tech
b a<,h, g\ of 14 TWA Co"^ i l t.�favt recomme�rh�n
4n,L 000146 1'\ CaAvlW fte
Sec. 29.10.0995. Disclosure of information regarding existing trees.
(a) Any application for a discretionary development approval, or for a building or demolition
Permit where no discretionary devebpment approval is required, shall be aocompanled 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,
S (b) he location of all r .. -.; 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
(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, Irenching ur having.
(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, ll, 8 -4 -03)
Sec. 29.10.1000. Now 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
This Pale
Intentionalh
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