HomeMy WebLinkAbout2015_08_19 Item 3 - Updated Tree Ordinance
Item 3 – Second Reading of Ordinance Amending Tree Regulations (Article 15‐50 of the
Zoning Code)
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CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk
Date: August 19, 2015
Subject: Item 3 – Second Reading of Ordinance Amending Tree Regulations (Article 15‐50 of the
Zoning Code)
After publication of the agenda packet for the August 19, 2015 City Council Meeting, Council
Member Mary‐Lynne Bernald observed that additional language needed to be added to
15‐50.070(c)(3) of the proposed ordinance and City Attorney Richard Taylor identified text cleanup
in the ordinance for Item 3 – Second Reading of Ordinance Amending Tree Regulations (Article 15‐
50 of the Zoning Code). An updated ordinance is attached with proposed changes shown in purple.
Staff requests that Item 3 be removed from the Consent Calendar, the updated ordinance be
reintroduced during the August 19, 2015 meeting, and that the City Council direct staff to place the
ordinance on the Consent Calendar of the September 2, 2015 City Council Meeting for adoption.
Attachment A
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ORDINANCE __________
AN ORDINANCE AMENDING SECTION 15-50.070 OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend Article 15-50.070 of the City Code to expedite the
time to process an application for a permit to remove a dead tree.
2. The changes in this ordinance affect provisions of the City’s Zoning Regulations in Chapter
15 of the Code. These amendments were considered by the Planning Commission of the
City of Saratoga and the Commission, after a duly noticed public hearing on June 24, 2015,
recommended adoption of the amendments to Chapter 15.
3. The City Council of the City of Saratoga held a duly noticed public hearing on July 1, 2015,
and after considering all testimony and written materials provided in connection with that
hearing introduced this ordinance on that date and re-introduced the ordinance with
clarifications on August 19, 2015.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold
double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance.
Section 15-50.070 of the Tree Regulations of the Saratoga City Code is amended as follows:
Amendment to Application for a Permit
15-50.070 - Application for permit.
(a) Application. Application for a tree removal, pruning, or encroachment permit shall be made
to the Community Development Director on such form as he or she may prescribe. The
application shall contain the number and location of each tree to be removed, pruned, or
encroached upon, the type and approximate size of the tree, the reason for removal, pruning or
encroachment and such additional information as the Director may require. The application shall
be signed by the owner of the property upon which the tree is located and if the applicant is not
the owner of said property shall include a statement that the owner consents to the activity
described on the permit application.
(b) Notice. After making a determination on an application for tree removal, the Community
Development Director shall provide notification of the determination to the applicant and
residents within one hundred fifty feet of the boundaries of applicant's property, in accordance
with paragraph 15-50.100. If the Community Development Director determines that the tree
is a Dead tree as defined in Section 15-50.020(i), the Community Development Director
Attachment A
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may waive notification of neighbors and may issue a permit without any right of appeal or
any appeal period prior to the exercise of the permit.
(c) Pruning Permit.
(1) A permit is required for structural pruning in excess of twenty-five percent (25%) of the
canopy of any protected tree within a two year period. ISA Standard. s (the 2001 Edition of
which is hereby adopted by reference) any given growth period. or year of any protected tree.
( The 2001 Edition of the ISA Pruning Standards, known as ANSI A300 (Part 1) – 2001
Pruning 2001 Edition of which is adopted for reference.) Pruning shall not exceed
wentytwenty-five percent of the canopy. No permit is required for structural pruning, which
complies with ISA Pruning Standards.,, or for the pruning of productive agricultural trees.
(d) Notwithstanding the foregoing, either written p
(2) Permission in writing from the owner of the tree or a permit is required for prior to the
pruning of a protected tree the trunk of which is at least partially located on a neighboring
property. If the trunk of a tree is located on a property line, written permission is required
from the property ownerowners on both sides of the property line prior to pruning, as it is
a tree owned by both property owners.
(3) No permit is required for structural pruning of less than twenty-five percent (25%) of the
canopy of trees on an owner’s own property which complies with ISA Pruning Standards., or
No permit is required for the pruning of productive agricultural trees.
(d) Encroachment Permit. Where no Planning Division or Building Division permit is
needed for work near a tree, but a protected tree will be encroached upon, a Tree
Encroachment Permit is required from the Community Development Department.
(e) Application Fee. Fees shall be charged as set forth in the City’s Fee Schedule. No fee
shall be required for a permit to remove a Fallen or Dead tree and the permit fee for removal of a
Dead tree shall be refunded to the applicant upon issuance of the permit. provided that tree
replacement requirements as a condition of the tree removal permit are met.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Attachment A
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Section 3. California Environmental Quality Act
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) in that there is no project and the activity in question will not
have a significant effect on the environment. Pursuant to CEQA Guideline Section 15061, a change
in the City Code does not constitute a project, and pursuant to CEQA Guideline Section 15304(b)
and 15304(i), the Code changes will result in minor alterations to landscaping and management of
fuel. CEQA applies only to projects which have the potential of causing a significant effect on the
environment.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the City of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced and read at the
regular meeting of the City Council of the City of Saratoga held on the 19th day of August, 20151st
day of July, 2015, and was adopted by the following vote following a second reading on the 2d day
of September, 201519th day of August, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
HOWARD A. MILLER CRYSTAL BOTHELIO
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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