Loading...
HomeMy WebLinkAboutOrdinance 380 - amending tree ordinanceOrdinance No. 380 AN 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: Findings: 1. This ordinance amends Article 15-50 of the Saratoga City Code — Tree Regulations. These amendments were considered by the Planning Commission of the City of Saratoga at a duly noticed public hearing on June 9, 2021. Following consideration of all testimony and written materials, the Planning Commission on June 9, 2021, recommended that the City Council adopt the amendments to Chapter 15 set forth herein. 3. The City Council of the City of Saratoga held a duly noticed public hearing on July 7, 2021, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof and adopted the ordinance on July 21, 2021. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Section 15-50 (Tree Regulations) of the Saratoga City Code is 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 The proposed ordinance is categorically exempt from the California Environmental Quality Act (CEQA) in that the activity in question will not have a significant effect on the environment. Pursuant to CEQA Guideline Section 15061, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, 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. 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 the 7th day of July 2021 and was adopted by the following vote on July 21, 2021. AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Mary -Lynne Bernald, Kookie Fitzsimmons, Rishi Kumar NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor AT DATE: ebbie Bretschneider CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor CITY ATTORNEY Exhibit A - Updates to Article 15-50 (Tree Regulations) The provisions of the Saratoga Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double -underlined text (x m 1 and text to be deleted is shown in strikethrough (e*anMAe). Text in italics is explanatory and is not an amendment to the Code except in cases where it directs renumbering of subsections not otherwise amended. 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 Section 15-50.100. If the Community Development Director determines that the tree is a dead tree as defined in Section 15-50.020(i), fir -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. (c) Pruning permit. (1) A permit is required for structural pruning in excess of twenty-five percent of the canopy of any protected tree within a two-year period. (The 2001 edition of the ISA Pruning Standards, known as ANSI A300 (Part 1)-2001 Pruning is adopted for reference.) (2) Permission in writing from the owner of the tree is required prior to the pruning of a protected tree 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 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 or for a trees ep ties and location identified in Section 15-50 080(aN121 provided that tree replacement requirements as a condition of the tree removal permit are met. 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 in the area. (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 space within 100 feet of a structure located within the Wildland Urban Interface Area as defined in section 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, and that risk of increased wildfire cannot reasonably be addressed through maintenance or without tree removal. (12) Monterey nine (Pinus radiata) or blue gum (Eucalyptus globulusl located within the Wildland Urban Interface Area as defined in section 16-20.150 of this Code= (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. For properties located in the Wildland Urban Interface Area as defined in section 16-20.150 of this Code, required replacement trees shall not include those species listed in Section 1 MD(a)(121. (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. *** End of Amendments *** CITY OF SARATOGA ORDINANCE CERTIFICATE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF SARATOGA CERTIFIED COPY OF ORDINANCE 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. 380, adopted by the Saratoga City Council on July 21, 2021 by the following vote: AYES: Zhao, Walia, Kumar, Fitzsimmons, Bernald 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 date: June 25, 2021, July 16, 2021, and July 30, 2021. Said ordinance shall be effective August 21, 2021. ❑ 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 30th day of July 2021. retschneider, CIVIC, i y