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Home My WebLink AboutOrdinance 370 -amendment to Tree ordinanceOrdinance No. 370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CITY CODE SECTION 15-50.080, TREE REGULATIONS The City Council of the City of Saratoga finds that: Findings: l . The City of Saratoga wishes to amend Article 15-50.080 of the City Code to allow an additional tree removal criterion for the removal of a tree in the Wildland Urban Interface to reduce the risk of wildfire. 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 May 13, 2020, recommended adoption of the amendment to Chapter 15. 3. The City Council of the City of Saratoga held a duly noticed public hearing on June 17, 2020, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Section 15-50.080 of the Tree Regulations of 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). Text in standard font remains unchanged by this ordinance. 15-50.080 - Determination on permit. (a) Criteria. Each application for a tree removal pruning or encroachment permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 11) The necessity to remove a tree following the creation of defensible snace within 100 feet of a structure located within the Wildland Urban Interface, in accordance with defensible space standards established by CAL FIRE or as determined by Santa Clara County Fire Department, and that risk o increased wildfire cannot reasonably be addressed through maintenance or without tree removal. (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Development Director shall render his or her decision within thirty days after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to twenty-five percent to one hundred percent of the ISA valuation of the trees involved at the discretion of the approving authority; provided, however, that any project involving multiple structures or a multi -family structure shall post a security deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15-50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. 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. Section 3. California Environmental Quality Act The proposed amendment to the City Code is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15304(b) and (i), Minor Alterations to Land. The Code change constitutes minor alterations to landscaping and an activity for management of fuel. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [Continued on Next Page] Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 17tht day of June, 2020 and was adopted by the following vote on July 1, 2020. AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members E. Manny Cappello, Yan Zhao, Rishi Kumar NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATT DATE: '� (� yv eb ie Bretschneider CITY CLERK APPROVED AS TO FORM: DATE: 7-1 Z C7' Z `t- Richard Taylor CITY ATTORNEY 1250846.2 of S A Rq TOC9 CITY OF SARATOGA ORDINANCE CERTIFICATE ,9S6 FWR STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CERTIFIED COPY OF ORDINANCE CITY OF SARATOGA 1 ADOPTION I, Debbie Bretschneider, City Clerk for the City of Saratoga in said County of Santa Clara, and State of California, do hereby certify that the attached is a true and correct copy of Ordinance No. 370, adopted by the Saratoga City Council on July 1, 2020 by the following vote: AYES: Miller, Bernald, Cappello, Zhao, Kumar NOES: ABSTAIN: ABSENT: Ordinance I hereby further certify that a summary of the ordinance was published Summary in accordance with Government Code Section 36933 on the following dates: June 5, 2020, June 26, 2020, and July 10, 2020. Said ordinance shall be effective August 1, 2020. ❑ Ordinance I hereby further certify that the full text of the ordinance was published Full Text in accordance with Government Code Section 36933 on the . Said ordinance shall be effective Dated this 26h day of June 2020. D e retschneider, CIVIC, City Clerk