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HomeMy WebLinkAbout332 i I ORDINANCE NO. 332. AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS -AMENDING TITLE 12 OF. THE LOS ALTOS HILLS MUNICIPAL CODE BY ADDING CHAPTERS 3 AND 4 THERETO CONCERNING PROTECTION OF OAR TREES AND HERITAGE TREES WHEREAS, ,the Town recognizes the contribution of oak trees and heritage -trees to the character and beauty of the Town;. and WHEREAS, removal of these trees without sufficient reason would destroy the natural beauty of certain areas, contribute to erosion and impair residential privacy; and WHEREAS, the Town wishes to adopt regulations to protect oak trees and heritage trees and to create community awareness of their intrinsic value; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. Chapter 2, "Street Trees, Shrubs, and Plants, " of Title 12, entitled "Parks and Recre- ation, " of the Los Altos Hills Municipal Code is hereby amended by: changing its title to "Trees, Shrubs, and Plants"; amending Article 1, "Definitions," by renumbering existing Subsections (a) through (j) in Section 12-2.01 to become Sections 12-2. 101 through 12-2.110; creating Article 2, "Street Trees, Shrubs, and Plants"; and renumbering existing Sections 12-2.02 through 12-2.10 to become 12-2.201 through 12-2.209. SECTION 2. . AMENDMENT OF CODE. Chapter 2, "Trees, Shrubs, and Plants," of Title 12, entitled "Parks and Recreation, " of the Los Altos Hills Municipal Code is hereby amended by adding there- to Sections 12-2.111 through 12-2.113 as follows: Section 12-2.111. Arborist "Arborist" shall mean a person certified by the International Society of Arboriculture. The Town will maintain a list of Arborists working in this area. Section 12-2.112. Heritage oak "Heritage Oak" shall mean any tree of the genus quercus, including, but not limited to, Valley Oak (quercus lobata) , California Live Oak (quercus agri- folia) , Black Oak (quercus kelloggii) and Blue Oak 1 JF 0 • (quercus douglasii) that has a trunk or multiple trunk 36" in circumference (approximately 12" in diameter) at a point 4 feet above the root crown. Section 12-2.113. Heritage Tree "Heritage Tree" shall mean any tree that, due to age, size, location, visibility, historic nature, or other unique attribute, has been deemed by the Town to be a heritage tree and accordingly deserves special consideration for preservation and protection. SECTION 3. AMENDMENT OF CODE. Chapter 2, "Trees, Shrubs, and Plants" of Title 12, entitled "Park and Recreation, " of the Los Altos Hills Municipal Code is hereby amended by adding thereto Article 3 to read as follows: ARTICLE 3. HERITAGE OAKS Section 12-2.301. Purpose The oak trees of Los Altos Hills are a valued community asset. The purpose of this Article is to establish policies and procedures for their promotion and protection and to create community awareness of their intrinsic value. Section 12-2.302. Permit Required to Remove or Destroy a Heritage Oak. No person shall remove, purposefully damage, or pur- posefully cause to die any Heritage Oak on private or public property within the Town of Los Altos Hills without first having obtained a removal permit from the Town. A removal permit is not required when: (a) The Heritage Oak has been identified for removal on an approved tentative subdivision map or an approved site development permit; or (b) The City Manager (or designee) has determined that the Heritage Oak presents an immediate danger to persons or property. Persons believing a Heritage Oak presents an immediate danger should call Town Hall during normal business hours and 9-1-1 at all other times. Section 12-2.303. Application for Removal Permit. Application for a Heritage Oak removal permit may be made by the owner or authorized representative by telephone or in writing to the City Manager or designee, and shall contain the number, size, and location of the Heritage Oak(s) requested to be removed, and a brief explanation of the reasons for the requested removal. Such reasons may 2 ! ! �. include, but not be limited to, the fact that the Heritage Oak is dead, diseased beyond reclamation, hazardous, or crowded and that good horticultural practices dictate its removal. If there is a disagreement regarding the condition of the Heritage Oak between the applicant and the Town, an Arborist's opinion must be obtained at the expense of the applicant. The City Council shall fix the amount of the removal permit fee by Resolution. Section 12-2.304. Notice to Neighbors and Issuance of Permit. The Town shall mail written notice of the removal per- mit application to owners of all abutting property, except when the reason for the application is that the Heritage Oak is dead, diseased beyond reclamation, hazardous, or crowded such that good horticultural practices dictate its removal. If there is no protest against removing the Heritage Oak within ten (10) days of the date of the mailing, the City Manager (or designee) may issue the removal permit pursuant to Section 12-3. 05. If there is a protest received within ten (10) days of the date of the mailing, the matter shall be heard by the Site Development Committee after notice of a hearing is given at least ten (10) days in advance to the applicant and the protestant. For the purposes of this section, an "abutting property" is a property whose property line touches the property of the applicant for the removal permit. Section 12-2.305. Removal Criteria. A removal permit may be approved when the Town has determined that at least one of the following conditions is satisfied: (a) The Heritage Oak is dead, diseased beyond re- clamation, hazardous, or crowded and that good horticultural practices dictate its removal. (b) The Heritage Oak is interfering with existing utilities, structures, improved surfaces, or rights-of-way to the extent that pruning or other measures will not correct the problem. (c) Special conditions exist which indicate that removal of the Heritage Oak is otherwise of net benefit to the Town and its residents. Section 12-2.306. Removal Conditions. The City Manager (or designee) or the Site Development Committee, whichever is applicable, may attach reasonable conditions to the approval of a removal permit, including, 3 but not limited to, the requirement that up to five (5) trees be planted for each one removed. Section 12-2.307. Appeal by Applicant. An applicant may appeal the decision of the City Manager (or designee) to the City Council. The applicant or protestant may appeal the decision of the Site Development Committee to the City Council. The appeal shall be con- ducted in accordance with Section 10-1. 1109 of the Los Altos Hills Municipal Code. SECTION 4. AMENDMENT OF CODE. Chapter 2, "Trees, Shrubs, and Plants" of Title 12, entitled "Park and Recreation, " of the Los Altos Hills Municipal Code is hereby amended by adding thereto Article 4 to read as follows: ARTICLE 4. HERITAGE TREES Section 12-2.401. Designation of Heritage Trees. Upon recommendation of the Environmental Design and Protection Committee and following a noticed public hearing, the City Council, by Resolution, may designate a tree as a Heritage Tree. At the hearing, the Council shall consider a Plan of Protection for the tree, and may require a report prepared by an Arborist and paid for by the Town. If the owner of the property where the proposed Heritage Tree is located protests the desigination of Heritage Tree, the City Council may override this protest only with a vote of four- fifths (4/5) of the Council members. If the tree is designated as a Heritage Tree, the Council shall adopt a Plan of Protection. Section 12-2.402. Maintenance of Heritage Trees. It shall be the responsibility of the owner of a Heri- tage Tee to comply with the terms of the adopted Plan of Protection. The owner may seek modification of the Plan and the Council will review the Plan at least every ten (10) years. If the owner demonstrates to the City Council's satisfaction that the owner is financially unable to comply with the Plan of Protection, the Town may provide the funds necessary to perform the work. Section 12-2.403. Heritage Tree Removal. No person shall remove, purposefully damage, or pur- posefully cause to die a Heritage Tree except with the approval of the City Council following a noticed public hearing. 4 0 • y Section 12-2.404. Heritage Tree Protection on Town Lands. The Town shall establish a special fund to maintain and protect Heritage Trees on Town lands. With the approval of the City Council, a resident may adopt and dedicate a Heri- tage Tree located on Town property upon making a donation to the special fund sufficient to provide for the Heritage Tree's protection and maintenance. Section 12-2.405. Records. The Town Historian shall maintain records and pictures of all Heritage Trees. SECTION 5. AMENDMENT OF CODE. Chapter 2, "Trees, Shrubs, and Plants" of Title 12, entitled "Park and Recreation, " of the Los Altos Hills Municipal Code is hereby amended by adding thereto Article 5 to read as follows: ARTICLE 3. PROTECTION OF TREES IN ANTICIPATION OF AND DURING THE DEVELOPMENT PROCESS Section 12-2.501. Removal of Trees in Anticipation of Development. (a) An owner, or the owner's representative or agent, shall not remove, purposefully damage, or purposefully cause to die any tree on the owner's property with the intent to avoid the requirements of tree preservation or protection that may be imposed upon the subdivision or further development of the owner's property. (b) If the City Council finds, after a noticed public hearing, that subsection (a) has been violated, it may im- pose reasonable conditions upon the subdivision or further development of that property. Such conditions may include, but not be limited to, replacement of each tree removed or damaged by five (5) 48-inch box trees at locations approved by the Town and payment of a multi-year bond to ensure these trees are maintained and cared for. Section 12-2.502. Removal of Trees During the Development Process. (a) The Zoning Administrator, the Site Development Committee, the Subdivision Committee, the Planning Commission, and the City Council, in reviewing development proposals or subdivisions, shall seek to preserve and pro- tect existing trees, especially Heritage Oaks and Heritage Trees, from unnecessary removal or damage by placing condi- tions on development approvals. Subdivision lot design and development plans shall accommodate existing trees whenever possible. The reviewing authority may require the developer 5 J to provide recommendations by an Arborist as to the steps that should be taken to protect and preserve existing trees. (b) If the City Council finds, after a noticed public hearing, that the conditions of development approval regard- ing removal or damage of trees has been violated, it may direct a stop work order to be issued. A stop work order may halt processing of an application as well as any on- site work. The stop work order may remain in effect until: (1) a plan of restitution has been approved by the City Council; and (2) the plan has been implemented or a bond has beenosted to ensure compliance with the requirements of P P q the plan of restitution. (c) The plan of restitution may include, but not be limited to, the replacement of each tree damaged or removed by up to five (5) trees of reasonable size and the payment of a multi-year bond to ensure the trees are maintained and cared for. Section 12-2.503. Conservation Easement Restrictions Take Precedence. Nothing in this Article supersedes Town restrictions relating to conservation easements. SECTION 6. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations. 6 SECTION 7. EFFECTIVE DATE. POSTING. This ordinance shall become effective thirty (30) days from the date of its passage, and shall be posted within the Town of Los Altos Hills in three (3) public places. INTRODUCED: April 18, 1990 PASSED: May 2, 1990 AYES: Mayor Casey and Councilmembers Johnson, Tryon, Siegel and van Tamelen NOES: None ABSTENTIONS: None ABSENT: By Mayor ATTEST: - City Clerk APPROVED AS TO FORM: Cify Attorney pb\mas\14949004.W50 7