Resolution No. 2018-13 | Zoning Amendment (Z 16-05) to Add Section 30.38.270 Entitled "Protected Tree Removal" to the Gilroy City Code | Adopted 06/07/2018RESOLUTION NO.2018-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING CITY COUNCIL APPROVAL OF A CITY -INITIATED AMENDMENT TO
THE GILROY CITY CODE (Z16-05) TO ADD SECTION 30.38.270 ENTITLED
"PROTECTED TREE REMOVAL" TO THE ZONING ORDINANCE"
WHEREAS, Gilroy City Code, Article 30, Section 30.38 pertains to requirements for
installation and maintenance of water efficient landscaping, storm water retention and
treatment in existing and new development; and
WHEREAS, the City recognizes that existing and future trees and tree communities
located in the city are a valuable and distinctive resource and that they augment the
economic base of the city through encouragement of tourism and enhancement of the
living environment; and
WHEREAS, the removal of significant trees and diminishing of tree communities
reduces property values and the scenic beauty and attractiveness of the city to residents
and visitors; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearings on
February 1, and September 6, 2018 to consider the request and reviewed written materials
and oral comments related to the proposed code amendments; and
WHEREAS, the Planning Commission made certain recommendations regarding
the subject ordinance amendment which will be reflected in the Staff Report to the City
Council; and
WHEREAS, the subject ordinance amendment is covered under Section 15308 of
the California Environmental Quality Act (CEQA) Guidelines as an action by a regulatory
agency for protection of the environment; and
WHEREAS, the Planning Commission hereby recommends the City Council find
that there are no unusual circumstances that would justify an exception to the use of
Section 15308 of the California Environmental Quality Act (CEQA) Guidelines. Such
finding is based on substantial evidence that the ordinance is similar in character and
extent to other regulatory ordinances adopted for the protection of the environment that will
have the effect of limiting damage to environmental resources.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council approval of Z 16-05 to amend the Gilroy
City Code to add section 30.38.270 entitled "Protected Tree Removal," attached hereto as
Exhibit A, to the Zoning Ordinance.
Fxhihit A
30.38.270 Protected Tree Removal
(a) Purpose: The City recognizes that existing and future trees and tree communities
located in the city are a valuable and distinctive resource. These trees and tree
communities augment the economic base of the city through encouragement of tourism
and enhancement of the living environment. The removal of Protected Trees and
diminishing of tree communities would reduce property values and the scenic beauty and
attractiveness of the city to residents and visitors.
In order to protect this resource, it is the intent of this section to regulate the removal or
destruction of Protected Trees and tree communities on private property within the city.
(b) Definitions:
i. Community of Protected Trees. Any grouping of Protected Trees which are
ecologically or aesthetically related to each other such that the loss of several of
them would cause a protected ecological, aesthetic or environmental impact in the
immediate area, as determined by a certified arborist. In sections (d), (e), (g), and
(h) of this ordinance, the term "tree" shall refer to each and every tree in the
Community of Protected Trees that is proposed for removal.
ii. Heritage Tree. A tree of any species with a single trunk of 90 inches in
circumference or more at a point four and one half feet (4 1/2') above the ground or
with multiple trunks, two of which collectively measure 72 inches in circumference or
more at a point four and one half feet (4112') above the ground.
iii. Indigenous Tree. A tree which is native to the Gilroy region, including oaks (all
types), California Bay (Umbellularia californica), Big Leaf Maple (Acer
macrophyllum), Madrone (Arbutus menziesii), California Sycamore (Platanus
racemosa), California Buckeye (Aesculus californica) and Alder (Alnus glutinosa).
iv. Protected Tree. Any indigenous tree characterized by having a single trunk of
thirty-eight (38) inches in circumference or more at a point four and one half feet
(41/2') above the ground. Nonindigenous tree species and orchards (including
individual fruit and nut trees) are exempt from this definition for the purpose of this
section.
v. Tree. 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 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 a part of operation of a licensed nursery business.
(c) Permit Required: It is unlawful for any person to cut down, remove, poison or otherwise
damage, kill or destroy or cause to be removed any of the following on any private property
without first securing a permit as provided in this section:
i. A Protected Tree
ii. Greater than 25% of the trees within the outermost dripline of a Community of
Protected Trees
iii. A Heritage Tree
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A separate tree removal permit shall not be required for projects which have been
approved through a discretionary process by the Planning Division, Planning Commission
or City Council and the removal of Protected Trees or a Community of Protected Trees
were reviewed to ensure compliance with all requirements of this section and authorized
by that approval. Trimming, removal and other activities related to trees in the public right
of way are regulated by Section 26 of the Gilroy City Code.
(d) Application: Any person desiring to cut down, remove, destroy or cause to be removed
any Protected Tree, Community of Protected Trees, or Heritage Tree shall apply to the
Planning Division for a tree removal permit on forms provided by the Division. The
application shall include information to describe and justify the removal request and a
report from an arborist certified by the International Society of Aboriculture (ISA) or other
equivalent organization acceptable to the Planning Manager. The aborist report shall
include all of the following, unless otherwise approved by the Planning Manager:
• Site plan showing location of the tree (include buildings, driveways, etc.)
• Clear pictures of the tree indicating location, details signs of failure or disease
• Description of species of the tree
• Estimated height of the tree
• Circumference or diameter at breast height of the tree
• Discussion of the general health of the tree
• Value of the tree according to the ISA tree valuation formula
• Discussion of the tree's risk
• Discussion of why the tree cannot be saved, including consideration of the following
techniques:
— Discussion of risk management pruning
— Discussion of installation of structural support system
— Discussion of improving site conditions/cultural conditions
— Discussion of implementing integrated pest management programs
Description of the method to be used for removal of the tree
Reason for removal of the tree
Proposed replacement tree, including species, size, location.
(e) Public Notice: The applicant shall cause a notice of the proposed removal to be posted
on the affected tree and in at least two conspicuous locations on the site clearly visible to
and readable from public property on a form provided by the Planning Division. The
notices shall be a minimum of 8.5 x 11 inches in size. In addition, the notice shall be
mailed to the owners of record of all properties which are immediately adjacent to and
directly across the street from the property on which the tree is located. The notice shall
include the application number, a description of the proposal, including the location of the
tree to be removed, contact information for the Planning Division from which additional
information may be obtained and the final date for receipt of comments. A minimum of 10
days from the date of posting shall be given for comments to be received. No action shall
be taken on any application until the applicant has filed an affidavit that such posting has
been accomplished and the review period has expired. Emergency situations, as
described below, are not subject to this provision.
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(f) Application Review and Approval: The Planning Division shall review the application for
removal of Protected Tree, Community of Protected Trees or Heritage Tree and shall
determine on the basis of the information provided and the findings listed in Section (g),
below whether to approve, approve with conditions or deny the request.
(g) In order to approve an application for tree removal, the following findings must be
made:
i. At least one of the following findings must be made:
A. The tree is dead, diseased or in danger of falling
B. The tree is determined to be an immediate threat to life or property
C. The tree is determined to be causing damage or reasonably expected to cause
damage to existing buildings or interfere with utility services
D. The retention of the tree restricts the economic enjoyment of the property or
creates an unusual hardship for the property owner by severely limiting the use of
the property in a manner not typically experienced by owners of similarly situated
properties, and the applicant has demonstrated to the satisfaction of the
Community Development Director that there are no reasonable alternatives to
preserve the tree.
E. Retention of the tree would result in reduction of the permissible building envelope
by more than twenty-five (25) percent, and
ii. None of the tree management techniques referenced in Section (d), above are
deemed feasible to save the tree.
In granting any permit pursuant to this section, the Community Development Director may
attach reasonable conditions to ensure compliance with the intent and purpose of the
section including, but not limited to planting of replacement trees, mitigation of visual
impacts and control of erosion.
(h) Replacement: Any tree approved for removal under this section shall be replaced.
Replacement trees shall be of the same species as the tree that was removed unless
otherwise approved by the Community Development Director. Replacement tree shall be
planted on the same site as the removed tree; however, if the site is inadequate in size to
accommodate the replacement tree, the replacement tree may be planted on public
property with the approval of the Director of Public Works. Alternatively, the Director of
Public Works, at his/her discretion, may accept an in lieu payment equal to the value of the
replacement trees required by Table 1. The in lieu payment shall include funds sufficient
for the care of the replacement tree during their establishment period as determined by the
Director of Public Works. The number and size of replacement trees shall be based on the
number and size of trees approved for removal, as indicated in Table 1, below. If the tree
being replaced is a tree that was required as a part of an approved Landscaping Plan, the
replacement species must be consistent with the Landscaping Plan. Otherwise, the
replacement tree may be of any species included on the City's Master Tree Planting Plan.
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Table 1
REPLACEMENT TREE REQUIREMENTS
Trunk Size of Removed
Tree(measured at 412
Replacement Ratio Required
feet abovegrade)
(per tree removed)
Circumference
Number of
(inches)
replacement trees
Minimum Size
38 to 75
2
24 inch box
Greater than 75
2
36 inch box
Heritage Trees
2
48 inch box
If a mitigation measure for removal of a Protected Tree, Community of Protected Trees or
a Heritage Tree contained in a certified environmental document requires greater numbers
or size of replacement trees than specified in Table 1, above, that requirement shall
supercede the requirements of this Section.
(i) Emergency Situations: In emergency situations caused by the hazardous or dangerous
condition of a tree that poses an immediate threat to the safety of life or property, the
minimum necessary actions may be taken to reduce or eliminate the hazard without
complying with the other provisions of this Section, except that the person responsible for
actions taken to reduce the hazard or to remove the tree shall report such action to the
Community Development Department within five working days of that action. Photographs
thoroughly documenting the hazardous or dangerous condition of the tree shall be taken
prior to any action to reduce the immediate threat. A Tree Removal Permit, as specified in
this ordinance, shall be submitted prior to removal of the tree. The required arborist report
shall document the conditions that warrant removal of the tree, including the photographs
referenced above.
0) Appeal. Anyone so desiring may appeal the decision of the Community Development
Director by written request to the Planning Commission and payment of the appeal fee
within twenty (20) days after the date of the decision of the Community Development
Director. The decision of the Planning Commission on the appeal shall be final.
(k) Civil Penalties for Violation. As part of a civil action brought by the city, a court may assess
against any person who commits, allows, or maintains a violation of any provision of this section a
civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation.
(1) Injunctive Relief. Any violation of this section shall constitute a public nuisance, and a civil action
may be commenced to abate, enjoin, or otherwise compel the cessation of such violation, in
addition to all other remedies set forth in this code or otherwise provided by law.
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(m) Costs. To the extent the city prosecutes a violation of this section through a nuisance
abatement action, the prevailing party shall be entitled to reasonable attorneys' fees, and the city if
it prevails shall be entitled to all costs of investigation and preparation for trial, the costs of trial,
reasonable expenses including overhead and administrative costs incurred in abating the violation
and/or in prosecuting the action. In all other civil actions brought pursuant to this section in which
the city prevails, the court shall award to the city reasonable attorneys' fees."
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PASSED AND ADOPTED this 6th day of September, 2018 by the following roll call vote:
AYES: Rodriguez, Armendariz, Estorga, Kim, Scheel, Fischer
NOES: Ashford
ABSENT:
ATTEST:
r
Sue O'Strander, Secretary Tom Fischer, ORNQifson
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