HomeMy WebLinkAboutOrdinance 417, Amending Article 15-50 Tree Regulations ORDINANCE NO. 417
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
ARTICLE 15-50 OF THE CITY CODE—TREE REGULATIONS
The City Council of the City of Saratoga finds that:
1. In February 2019, the City Council formed a Wildfire Public Safety Task Force, and
directed that task force to make recommendations to reduce the risk of wildfire in the
Wildland Urban Interface (WUI) areas of Saratoga; and
2. The Planning Commission 2019 and 2025 work plan identified as a core priority,
amendments to the City's tree regulations to address the risk of fire danger from wildfire
fuels; and
3. On December 10, 2025, the Planning Commission held a duly noticed Public Hearing on
proposed amendments to the City Code and recommended the City Council approve City
Code amendments to allow defensible space for zone 0"within 5 feet of home"outside the
WUI.
4. The City Council of the City of Saratoga held a duly noticed public hearing on January 21,
2026,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 of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
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
This legislation is categorically exempt from CEQA pursuant to Public Resources Code Sections
15061(b)(3). CEQA applies only to projects which have the potential of having a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that the activity
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Page 2
in question may have a significant effect on the environment, the activity is not subject to CEQA.
In these circumstances, the minor amendments are clarifying only and would have a de minimum
impact on the environment.
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.
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 January 21, 2026 and was adopted by
the following vote on February 4, 2026.
AYES: COUNCIL MEMBERS AFTAB, FITZSIMMONS, ZHAO, VICE MAYOR
WALIA, MAYOR PAGE
NOES:
ABSENT:
ABSTAIN:
huck Page, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
w� DATE:
Richard Taylor
CITY ATTORNEY
Ordinance 417
Page 3
Exhibit A
Articles 15-50 and 15-06 of the Saratoga City Code are 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., strikee . Text in standard font is readopted by this
ordinance. Text in italics (e.g., italics) is explanatory and not a part of the ordinance.
1. Definition of "Tree"
15-50.020 -Definitions.
[Other subsections are not being amended.]
(aa) Tree means a woody perennial plant characterized by having a main stem or trunk, or a
multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten
fifteen feet high at maturity. This definition shall not include trees planted, grown and held for
sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part
of the operation of a licensed nursery business.
2. Tree Permit Noticing
15-50.070 -Application for permit
[Subsections (a) and(c) through(e) are not being amended.l
(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 Section
15-50.100. If the Community Development Director determines that the tree 0 is a dead tree as
defined in Section 15-50.020(i), (ii) is located where the main trunk is within 5 feet of a
building. or iii is a tree species and location identified in Section 15-50.080(a)(12), the
Community Development Director 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.
3. Tree Permits and the Wildland Urban Interface
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:
[(1-10) no change.]
(11) The necessity to remove a tree following the creation of defensible space within
100 feet of a structure located within the Wildland Urban Interface Area as
in seetien 16-20.150 of this-Code, in accordance with defensible space standards
established by CAL FIRE or as determined by Santa Clara County Fire Department,
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and that risk of increased wildfire cannot reasonably be addressed through
maintenance or without tree removal.
(12) The necessity to remove a tree in an ember-resistant zone following the
creation of defensible space in that zone. An ember-resistant zone from which
a tree is removed pursuant to this subsection shall be maintained as an ember-
resistant zone for the life of the structure to which it pertains
(122) Monterey pine-(Pinus-r-adiata) or- Lv�_vlue guru(Euecaly-pi s g ••L•, ea
within the Wildland Urban lffter-faee Areas defined in seetion 16 20.150 of this Code,
=Notwithstanding the criteria set forth in subsections (a)(1)through(a)(14-Q, a tree
removal permit may always be granted for the removal of a Monterey pine (Pinus
radiata) or blue gum (Eucalyptus globulus) located within the Wildland Urban
Interface Area.
[(b) no change.]
(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 provided that fFor properties located in the Wildland-Urban Interface
Area a�seeti,,, 16 20.150 of this r ao-required replacement trees shall not include and
tree planted in the root zone of an existing tree or those species listed in Section
15.50.080(a)(12)), (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(provided that
any tree replacement fee imposed for tree removal in connection with a development proposed in
Wildland Urban Interface Area as defined i seetion 16 ''�0-ef may, at the
applicant's discretion, be placed in a separate Safety Fund for use in Wildland Urban Interface
Area public safety improvement projects). Any such tree replacement, relocation, fee payment, or
bonding or security deposit shall be at the sole expense of the applicant.
[(d) no change.]
4. Tree Planting Requirements for Development Proiects.
15-50.140 - Tree Preservation Plan.
(a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters
14, 15 and 16 of the Code on any site on which an Arborist Report is prepared.
(b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient
scale but no larger than twenty feet to the inch,with any details to be shown at least ten to the inch)
to clearly indicate all protection and mitigation measures to be taken as required by the Community
Development Director and/or the Arborist Report for the project.
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(c) When a project has been submitted for approval pursuant to Chapters 14, 15, or 16,there
shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the
project has been approved by the Community Development Director and the required protection
measures are determined to be in place through City inspection. Protection measures required shall
remain in place for the duration of the construction activity at the project site, or as otherwise
required by the City and shall not be removed until authorized by the Community Development
Director.
(d) Tree valuation. Lawfully removed trees to be replaced as a condition of development
approval shall be valued and their removal compensated for as follows:
1) Trees replaced on or off site according to good forestry practices, shall
provide, in the opinion of the Community Development Director, equivalent
value in terms of aesthetic and environmental quality, size, height, location,
appearance, and other significant beneficial characteristics of the removed
tree/s: or the condition that one or more replacement trees be planted of a
species and size and at locations as designated by the Director. An ISA Certified
Arborist shall calculate the value of the removed tree/s in accordance with the
Trunk Formula Method tree valuation formula contained in the ISA Guide for
Plant Appraisal,which is hereby adopted by reference.
2) Notwithstanding the valuation requirement for tree replacement, tree
replacement requirements for properties located within the Wildland Urban
Interface Area may be limited to two trees for each removed tree granted the
replacement trees are of a species that will,at maturity,provide equivalent value
in terms of aesthetic and environmental quality, size, height, location,
appearance, and other significant beneficial characteristics of the removed
tree/s.
(4)JUe The Tree Preservation Plan and any permits for tree removal shall be maintained at the
project site at all times during construction activities and until all work has been completed,
inspected and approved by the City.
(0(0 At least three scheduled inspections shall be made by an ISA Certified Arborist to ensure
compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the
following: (1) Initial inspection prior to any construction or grading, (2)After completion of rough
grading and/or trenching, and(3) Completion of all work including planting and irrigation system
installation. Other inspections may be conducted as required by the Community Development
Director.
5. Tree Valuation
15-50.150 - Tree fund.
The section on tree valuation is being moved to section 15-50.140 - Tree Preservation Plan for
clarity.
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(a) Purpose and source of funds. A tree preservation fund shall be established for the City for
the purposes specified in Section 15-50.020(z). The Tree Fund shall be funded by those fines,
penalties, and other remedial payments which may be assessed by courts or administratively
imposed, including, but not limited to, those provided for in Chapter 3 of this Code for violations
of this Article. In addition,payments required for replacement trees pursuant to Section 15-50.170,
as prescribed by the Community Development Director, or as a condition of development
approval, or from payments made from a security deposit or bond, shall be held in the Tree Fund
and used to purchase new and replacement trees. The Community Development Director and the
City Arborist shall determine the selection, planting and location of any such trees.
(b) Tree valtiatien. Lawfully r-emeved trees to be r-eplaeed as a eendition of development
appr-eval shall bevalued- And- r-emeval eampensated �qf as follows! Trees r-eplaeed on or-
�o lA-A�thoc t e shall. tion fefmula eent-ained in the-1,S n r_uide f plant ppr-.isa
6. Definitions
These are conforming amendment for ease of reference to the meaning of Ember Resistant Zone
and Wildland Urban Interface Area.
15-06.255-Ember Resistant Zone
Ember-resistant zone means the area within five (5) feet, measured horizontally from the
exterior wall surface of a structure or any attached deck, that is created and maintained in
accordance with defensible space standards for such zones established by CAL FIRE or as
determined by the Santa Clara County Fire Department.
15-06.727-Wildland Urban Interface Area
Wildland Urban Interface Area means areas set forth and delineated on the may entitled
"Wildland-Urban Interface Fire Area" adopted by the City Council in Ordinance 414 on
November 5,2025 as it may be amended from time to time. The map properly attested,shall
be on file in the Office of the City Clerk of the City of Saratoga and a copy shall be available
on the City's website.
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