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HomeMy WebLinkAboutOrdinance 331 -amending Code 15-50.070 -treesORDINANCE 331 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., steeut). 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 1 is a Dead tree as defined in Section 15-50.020(i), 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. (c) Pruning Permit. 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 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 is adopted for reference.) Pruning shall not exceed twenty five percent of the canopy. the pruning of productive agricultural trees. (2) Permission in writin�,from the owner of the tree or a permit is required €er 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 owners 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, 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. 2 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, 2015, and was adopted by the following vote following a second reading on the 2d day of September, 2015. COUNCIL MEMBERS: AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Members Emily Lo, Mary -Lynne Bernald, Rishi Kumar NAYS: None ABSENT: None ABSTAIN:None HOWARD A. MILLER MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ATT DE : BIE B SCHNEIDER ACTING CLERK OF THE CITY OF SARATOGA Saratoga, California RICHARD TAYLOR, CITY ATTORNEY 703382.3 3 Dm' /3/x/'5