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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C16-3. Administrative permit/encroachment for tree removal required.

Except as otherwise provided below in Section C16-4 of this division, it shall be unlawful for any person to remove any protected tree on any private or public property in designated areas of the County without having first obtained an administrative permit [(a) through (e) below] from the County Planning Office or an encroachment permit [(f) below] from the Department of Roads and Airports. Requirements for obtaining a use permit or special permit are outlined in Section C16-5 and Section C16-6 below.

A protected tree shall consist of any of the following:

(a) Any tree having a main trunk or stem measuring 37.7 inches or greater in circumference (12 inches or more in diameter) at a height of 4 1/2 feet above ground level, or in the case of multi-trunk trees a total of 75.4 inches in circumference (24 inches or more of the diameter) of all trunks in the following areas of the County:

(1) Parcels zoned "Hillsides" (three acres or less);

(2) Parcels within a "-d" (Design Review) combining zoning district;

(3) Parcels within the Los Gatos Hillside Specific Plan Area.

(b) Any tree within the "-h1" Historic Preservation zoning district for New Almaden having a main trunk or stem measuring six inches or more in diameter (18.8 inches or greater in circumference) at a height of 4.5 feet above ground level, or in the case of multi-trunk trees, a total of 12 inches in diameter (37.7 inches in circumference) of all trunks at 4.5 feet above ground. For parcels having a base zoning district of "HS, Hillside" within the "-h1" combining zoning district, this provision supersedes C16-3(a)(1).

(c) Any heritage tree, as that term is defined in Section C16-2.

(d) Any tree required to be planted as a replacement for an unlawfully removed tree, pursuant to Section C16-17(e) of this division.

(e) Any tree that was required to be planted or retained by the conditions of approval for any use permit, building site approval, grading permit, architectural and site approval (ASA), design review, special permit or subdivision.

(f) On any property owned or leased by the County, any tree which measures over 37.7 inches in circumference (12 inches or more in diameter) measured 4.5 feet above the ground, or which exceeds 20 feet in height.

(g) Any tree, regardless of size, within road rights-of-way and easements of the County, whether within or without the unincorporated territory of the County.

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.302, § 5, 12-18-01)

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