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Home My WebLink About38.26 ORDINANCE NO. 38.26 AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE 3 TO CHAPTER 8 OF THE SARATOGA CITY CODE, CONTROLLING THE CUTTING DOWN, RE~4.OVAL., AND. p. EST. R. UqT.I,ON QF TREES IN T_H~E ~ITY OF StRATOGA The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1 - ARTICLE III is hereby added to Chapter 8, which Chapter is captioned ~...~ ~ "Health and Sanitation"~ of the Saratoga City Code~ said Article III and the sections and subjections of the same to read as follows: ARTICLE'_III- PRESERVATION qF TRE~ S.E~Q~ 8.~O ~ ~rppses and Intent In enacting this Article, the City Council finds that this City is primarily a residential community; that the economics of property values is inseparable con- nected with the rural attractiveness of the area, much of which is contributed by the wooded hillsides and the native and ornamental trees scattered throughout the City. Further, this Council finds that said ~rees contrlbute~to the health, safety, welfare, ~nd..well-being of the City and of the residents thereof by: · (a) the establishment of natural water shed areaS. ~ (b) the control of damage resqlting'from soil erosion and flooding, and (c) the known capacity of trees for the production of pure oxygen from carbon dioxide by reducing air pollution. Th~ ~anton destruction of trees aids in i.nJuring the scenic beauty of the City; causes erosion of top soil~ creates, ~q~d.hazard and risk of land slides, reduces property values, increases the cq~t.o~ cqnstruction and maintenance of draining systems through the increased .f~q~nd diversion ~f surface waters, and eliminates one of the prime oxygen producers in this area. In the latter regard, this Council finds that air pollution~ with carbon dioxide as one of its chief compohents, has for some years been gradually encroaching on this City from neighboring industrial areas and freeways, and the air pollution problem in Santa Clara Valley in general has become and is becoming increasingly worsened as automotive and industrial uses increase at their present rapid pace. For these reasons, the Council of the City of Saratoga finds it is in the .public interest~ convenience and necessity to enact regulations controlling the -1- removal of trees within this City in order to retain as many trees as possible consistent with~the economic enjoyment of private property. SECTION 8-71. Tree Defined As used in this Article, tree shall mean any woody perennial plant characterized by having a main stem or trunk which measure~ ~O~'n hes or more in cirehmf~en~e at a height of 24 inches above natural grade. SECTION 8-72. Tree Removal Prohibited Without Permit No person shall directly or indirectly cut down, destroy, remove or move any tree as herein defined, growing on public or private property within the City Limits of this City, unless and until a permit so to do has first been obtained from the Planning Director or his designated representative in accord with the procedures set forth in this article. SECTION 8-73. Public Utility Trimming Exception: No such permit shall be required of a public utility, subject to the jurisdiction of the Public Utilities Commission of the State of California, or any other con- stituted public agency authorized to provide and providing utility service, to cut back trim and/or brace trees as may be necessary to comply with the safety regu- lations of said commission, or as may be necessary to maintain safe operation of such utility business, so long as such cutting back, trimming or bracing is not likely to kill such tree or trees. In the event that any cutting, lback, trimming or bracing is likely to cause the death of the tree, then and in that event the fore- going exception shall not be applicable. SECTION 8-74. Emergency Exceptions In the event that any tree, in the opinion of the Director of Public Works of the City, should be determined to be in such a hazardous or dangerous condition so as to require immediate removal without further delay, any such tree may be removed without obtaining a written permit therefore as otherwise herein required. Such removal shall be reported immediately to the Planning Director. SECTION 8-75. Permits. Application for a permit to cut down or otherwise remove or destroy any tree shall be made in writing to the Planning Director of City, on forms prescribed therefore, the said application to contain the number and location of trees -2- to be dut down or removed and a brief statement of the reason for the removal, as well as any other pertinent information the Planning Director may require. On receipt of such application, the Planning Director o~ his authorized agent will, within 21 days, inspect the premises and determine whether or not said trees may be removed as requested. Priority of inspection shall be given to those requests based on hazard or danger of disease, The Planning Director may refer any such application to another department or to the Planning Commission or appropriate Committee of the Planning Conm]ission for ~ report and recommendation. No' permit · all be issued for the cutting down or removal of any tree unless one of t~e following f~ndlngs is made by the Planning Director: 1. The condition of the tree with respect to disease, danger of falling, proximity to existing 'or'proposed.str~6~ures,,a~d/or,LinterferenC~with utility!serviCes, is such,that,it~is.in'furtherance df~the pUblic"hea'lth ~or~safety 'to-permltYits removal~I,T~ 2, The location of the tree with respect to proposed improvements unreasonaSly restricts the economic enjoyment of the property. in question. Even if the Planning Director makes one or more of the above set forth findings, he may still refuse to permit the removal of any tree or trees in the event that he finds such removal Would have an adverse effect on soil retention, and/or would cause diversion or increased flow of surface waters. Each permit issued may provide for immediate replacement of each tree removed with a tree or trees (species and qualfty as A~proved by ,the Planning Director). The replacement tree or trees should have flood control and oxygen producing capacity at leas~ equal ~o that of the tree removed. SEC~IOE.~-~.~. T~ees in. ~ubdi~i~ipns. In the event that a permit for the removal of any native, ornamental or orchard tree shown on a tentative subdivision map is obtained pursuant to Section 3,8 of Ordinance NS-5 of this City, the Subdivision Ordinance, then and in that event no additional permit need be obtained under the requirements of this article. SECTION 8-77. Appeal Any decision made by the Planning Director, or his designated representative, may be appealed to the City Council by the applicant. Such appeal must be submitted in writing to the City Clerk within ten days of the decision being appealed, -3- signed by the applicant, and s~all set 'forth all grounds for the appeal. Upon receipt of the same~ City Clerk shall set the matter on the Council Agenda at its regular meeting that falls not less than ten days after the date of filing o~ the notice of appeal. Then by letter he shall notify the applicant of the date of such hearing. Such hearing on appeal shall be de novo~ and the City Council~ shall be guided by the criteria ~nd standards~ and shall make findings in relation thereto, as are required for the issuance of a permit in the first instance. The City Council may affirm, reverse, or modify ,the decision of the Planning Director, and any such decision of the City Counqil shall be final. SECTION 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such 'decision shall not affect the validity of the remaining portions of this ordinance. THe City Council~ of the City of Saratoga hereby declares that · it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof~ irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 3. This Ordinance shall take effect and be in full force and effect thirty (30) days after the date of its passage and adoption. The above and foregoing ordinance, after public hearing held thereon by the Planning Commission Of the City of Saratoga on the 9th day of December, 1968, was thereafter introduced. and public hearing held thereon by the City Council thereof, and after the waiting time required by law, was thereafter passed and adopted this l~th\ day of January .... % . , 1969, by the following vote: AYES: Councilmen Tyler, Dwyer, Robbins~ Smith, Sanders NOES: None ABSENT: None !-_ ,- ~,,.-~'oc=% MAYOR ~ ~= ~ The above a,~ ~0re~ ~s a ~ ~ ~ ~ ~ ~ ~ ~high has ATTEST: ~ ~ copy of Ordinasce _._ published acsor~ ~ ~}~ ~, Deputy City ¢~erk ~ Date ~' '. CITY C'L 'K ..... -4-