Ord 1617 - Amending Zoning Ordinance Relating to Protection of Trees on Private Properties; Duties of Planning Director and the Director of Parks; "Zoning Approval"; SuperintendantORDINANCE NO. 1617
ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF LOS GATOS RELATING TO
THE PROTECTION OF TREES ON PRIVATE PROPERTY AND TO THE RESPECTIVE DUTIES OF
THE PLANNING DIRECTOR AND THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE
SERVICES THEREUNDER; RETITLEMENT OF SUPERINTENDENT OF PARKS AND FORESTRY;
AND ADOPTING THE DEFINITION OF "ZONING APPROVAL"
The Town Council of the Town of Los Gatos hereby ORDAINS:
Carl-inn l
Section 2.00.497 is hereby added to the zoning ordinance as follows:
SEC.. 2.00.497: ZONING APPROVAL
A zoning approval is one of those approvals set forth in Chapter 5.20.
Section 2.
Chapter 3.20 of the Zoning Ordinance of the Town of Los Gatos is hereby amended
as follows:
Cha pter 3.20
Tree Protection
SEC. 3.20.010 INTENT
Chapter 3.20 is adopted because the Town 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, counter-
act 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 these sections to regulate the removal of significant trees within the Town in
order to retain as many trees as possible consistent with the purpose of these sec-
tions and the reasonable use of private property.
SEC. 3.20.015 DEFINITIONS
For the purposes of Chapter 3.20, the definitions in sections 3.20.020 through
3.20.035 apply.
SEC. 3.20.020: TREE
Tree means a woody perennial plant, usually with one main stem or trunk,
and many branches. It may appear to have several stems or trunks and is
usually over 10 feet high at maturity.
SEC. 3.20.025: SHRUB
Shrub means a bushy, woody plant, usually with several permanent stems,
and usually not over 15 feet high at maturity.
SEC. 3.20.030 TREE REMOVAL
Tree removal means the removal of a tree including pruning.
SEC. 3.20.035: PRUNING
Pruning means the cutting or taking away of more than thirty -three percent
(33 %) of the living foliage material (including branches) of a tree in any
twelve (12) month period or as otherwise determined by the Director of
Parks, Forestry, and Maintenance Services.
SEC. 3.20.040 DETERMINATION OF DEFINITION
In any case, the Director of Parks, Forestry, and Maintenance Services shall
have the right to determine whether any specific woody plant shall be considered
a tree or a shrub. Such determination shall be final and not subject to appeal.
SEC. 3.20.045: SCOPE
0 ) This chapter shall apply to every property owner and to every person,
corporation, partnership, sole proprietorship or other entity respon-
sible for removing a tree.
(2) The trees protected by this Chapter 3.20 are:
(a) All trees which have a 35 inch or greater circumference of any
trunk, or in the case of multi- trunk trees a total of 70 inches
or more of the circumference of all trunks, where such trees are
located on residential property.
(b) All trees which have a 12 inch or greater circumference of any
trunk, when removal relates to any transaction for which zoning
approval or subdivision approval is required.
(c) Any tree that existed at the time of a zoning approval or sub-
division approval and was a specific subject of such approval or
otherwise covered by subsection (2)(b) above.
(d) Any tree that was required to be planted by the terms of a zoning
approval or a subdivision approval.
(e) All trees which have a 12 inch or greater circumference of any
trunk and are located on a vacant lot or undeveloped property.
(.f) All trees which have a 1.2 inch or greater circumference of any
trunk and are located on commercial, office, or industrial
developed property.
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(3) Measurement of circumference for the purpose of applying section
3.20.045(2) shall be made with a taut tape, three feet above the ground.
SEC. 3.20.050: PROHIBITIONS
(1) Except as provided in sections 3.20.059(1) and (2), it is unlawful for
anyone to remove or cause to be removed any protected tree in the Town
without obtaining a permit to do so.
(2) Except as provided in sections 3.20.055(1) and (2), it is unlawful for
any person or business entity engaged in the business of removing trees
or tree care to remove a tree without a permit under this Chapter 3.20.
SEC. 3.20.055: EXCEPTIONS
3.20:
The following tree removals are excepted from the provisions of this Chapter
(1) Removal of orchard trees as. part of farming operations or upon order of
the County Agricultural Inspector.
(2) Removal in case of emergency when a tree is imminently hazardous or
dangerous to life or property, on order of the Director of Parks,
Forestry, and Maintenance Services.
SEC. 3.20.060: APPLICATIONS FOR PERMIT
The information on applications for tree removal permits shall include the
number and location of the trees to be removed, showing the type of each and the
reason for removal of each. Applications for tree removal may be granted, denied,
or granted with conditions.
SEC. 3.20.065: DETERMINATION ON PERMIT
Except as hereafter provided, the Director of Parks, Forestry, and Maintenance
Services shall recommend whether a tree removal permit shall be issued. The recom-
mendation of the Director of Parks, Forestry, and Maintenance Services shall be made
to the Planning Director, who shall determine the permit in accordance with the
recommendation. When an application for any zoning approval, or subdivision of land
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 deciding official or the deciding body may impose as a condition on which
a permit is granted that one or more replacement trees of a species and a size
designated by the Director of Parks, Forestry, and Maintenance Services be planted
on public or private property. The person requesting the permit may also be required
to pay the cost of obtaining and planting the replacement tree.
SEC. 3.20.070: STANDARDS
Each application shall be reviewed and determined in consideration of the
following standards:
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(1) The condition of the tree or trees with respect to disease, imminent
danger of falling, proximity to existing or proposed structures, and
structural damage caused by a tree.
(2) The topography of the land and the effect of the removal of the tree
on erosion, soil retention and diversion or increased flow of surface
waters.
(3) The number of trees existing in the neighborhood or improved property
and the effect the removal would have on the established standard of
the area and the property values.
(4) The number of trees the particular parcel can adequately support according
to good forestry practices.
Section 3.
Section 5.30.130 of the Zoning Ordinance is amended to read as follows:
SEC. 5.30.130:
GROUNDS FOR RE
After the hearing the Commission may revoke or modify a zoning approval if
it finds that one or more of the following grounds exist:
(1) That the zoning approval was obtained by fraud;
(2) That any person making use of, or relying upon the zoni.ng approval is
violating or has violated any conditions of such zoning approval or of Chapter 3.20,
or the use for which the zoning approval was granted is being, or has been, exer-
cised contrary to the terms or conditions of such approval; or
(3) That the use for which the approval was granted is so exercised as to be
detrimental to the public health or safety, or to, be a nuisance.
When the Council holds a hearing to consider revocation of a building permit
under section 7.01.155 of the Town Code, it may at the same time itself exercise
the powers of the Commission under this section and section 5.30.130. In such case
it shall comply with the notice requirements of both this section and section 7.01.160
of the Town Code.
Section 4.
Section 5.40.100 of the Zoning Ordinance is- amended to read as follows:
SEC. 5.40.100: DEVELOPMENT REVIEW COMMITTEE
A Development Review Committee is established for the Town. The members of
the Development Review Committee who attend all of the Committee meetings are the
Planning Director, the Town Engineer, the Building Official and the Director of
Parks, Forestry, and Maintenance Services. The Fire Chief, Chief of Police,.Town
Attorney and Health Officer are also members of the Development Review Committee,
but each of them only attends meeti ;ngs when he determines that the matters under
consideration require his attendance or when the Planning Director requests his
attendance.
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Cprtinn F
Section 5.60.010 of the Zoning Ordinance is hereby amended as follows:
SEC. 5.60.010: PLANNING DIRECTOR
The Planning Director:
(1) Prescribes all forms and contents of applications.
(2) Keeps all records of Planning Commission, Development Review Committee,
Planning Director and Planning Department work, except records trans-
mitted to the Town Council and retained by the Town Clerk.
(3) Investigates applications.
(4) Gives all notices except notices of proceedings of the Town Council.
(5) Prepares Committee and Commission agendas, sets Committee and Commis-
sion hearing dates (subject to the requirements of this Ordinance) and
establishes filing deadlines.
(6) Issues permits for temporary sales of Christmas trees and pumpkins,
use and occupancy certi-ficates,. horse permits and amateur horse events,
home occupations and sign permits.
(7) Determines revocations or modifications of animal permits and home
occupation permits.
(8) May refer any matter assigned by ordinance to him for decision to the
Commission for decision.
(9) Determines applications for sign approval when action is not required
of the Council or Commission.
(10) Determines applications for tree permits upon recommendation by the
Director of Parks, Forestry, and Maintenance Services to the extent
provided in section 3.20.065.
(11) Determines applications for section 3.65.020 demolition permits.
(12) Where action is based on an application or notice of appeal, prepares
a written notification of all determinations, except determinations by
the Council, and sends the notifications to all applicants and appellants.
(13) Prepares and sends notifications required by statute to the county
assessor.
(14) Notifies applicants of hearings.
(15) Keeps records of nonconforming signs and mails notices to owners of such
signs.
(16) Corrects Zoning Map.
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(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance compliance.
(19) Determines parking requirements for uses whose parking requirements are
not specified.
(20) Keeps records of those properties which have utilized parking district
exemptions.
(21) Determines applications for expansion of noncomforming one- or two -
family dwellings.
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures.
(24) Chairs the Development Review Committee.
(25) Assists in the writing of ordinances.
(26) Determines whether lots have merged.
con +inn F
Section 5.60.040 of the Zoning Ordinance is amended to read as follows:
SEC. 5.60.040 DIRECTOR OF PARKS, FORESTRY, AND MAINTENANCE SERVICES
The Director of Parks, Forestry, and Maintenance Services:
(1) Recommends to the Planning Director applications for tree permits to
the extent provided in section 3.20.065.
(2) Specifies special paving within driplines of trees parking lots.
(3) Is a member of the Development Review Committee.
Con'+inn 7
Section 5.70.055 of the Zoning Ordinance is hereby added as follows:
SEC. 5.70.055: CIVIL PENALTIES
Notwithstanding section 5.70.040 relating to criminal penalty, any person
found to have violated section 3.20.050 shall be liable to pay the Town a civil
penalty as follows:
(1) Replacing the unlawfully removed tree with a new tree as similar
thereto as reasonably feasible, or if such replacement is not
feasible because of size or age of tree, with such number of similar
trees as will provide reasonably equivalent aesthetic quality based
on the determination of the Director of Parks, Forestry, and Main-
tenance Services. Where similar replacement trees will not provide
reasonably equivalent aesthetic quality, the Director of Parks,
Forestry, and Maintenance Services shall calculate the value of the
removed tree in accordance with The Guide for Establishing Values
of Trees and Other Plants by the International Society of Arbori-
culture and said value will be the civil penalty for violation of
section 3.20.050 in addition to section 5.70.055(2). Where replant-
ing cannot be accomplished to the satisfaction of the Director of
Parks, Forestry, and Maintenance Services, the amount of the value
of the removed tree shall be deposited into the Street Tree Deposit
Account.
(2) The cost of enforcing this Chapter, which shall include all costs,
staff time, and attorneys' fees.
(3) All replacement trees planted as required
shall be maintained by the property owner
maintenance agreement with the Town.
Section 8.
This ordinance was introduced at a regular
Council of the Town of Los Gatos on Ma 7th
the following vote as an ordinance of the Town of Lo
by section 5.70.055(1)
under a two -year written
meeting of the Town
1984 and adopted by
s Gatos at a regular
meeting of the Town Council on May 21st 1984•
AYES: COUNCILMEMBERS: Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, Brent N. Ventura
and Mayor Thomas J. Ferrito
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: No
ABSENT: COUNCILMEMBERS: None
SIGNED:
�__' OF E TO OF OS GAT OS
ATTEST:
CLERK OF THE TOWN - OF LOSrOS
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