HomeMy WebLinkAboutOrdinance 168 ORDINANCE NO. 168
AN ORDINANCE OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE
TO TREE PROTECTION (CITY OF ATASCADERO: ZONING CHANGE ZC 1-88)
WHEREAS, the City Council has established a Tree Committee
for purposes of advising the Council on matters of tree
protection in the City of Atascadero; and
WHEREAS, said committee has prepared recommendations for
tree preservation; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on January 19 and February 16 , 1988 together with a
special study session on January 28, 1988, and has recommended
approval of the proposed zoning text amendment; and
WHEREAS, the proposed Zoning Ordinance amendment proposes
standards consistent with the General Plan as required by Section
65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800, et seq. , of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse effect upon the environment, and preparation of an
Environmental Impact Report is not necessary.
NOW THEREFORE, the Council of the City of Atascadero does
ordain as follows :
Section 1 . Council Findings .
1 . The proposed zoning text amendment would be in compliance
with the City of Atascadero' s General Plan.
2 . Pursuant to the California Environmental Quality Act, the
Negative Declaration granted the project by the Community
Development Director is appropriate.
Section 2 . Zoning Text Change.
1 . Section 9-4 . 155, Tree Protection of the Atascadero Municipal
Code is deleted in its entirety.
2 . Zoning Text Amendment 1-88 is approved to change the text
of the Zoning Ordinance as shown in the attached Exhibit "A"
which is hereby made a part of this ordinance by reference.
Section 3 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen ( 15 ) days after its passage in the Atacadero
News, a newspaper of general circulation, printed, published,
and circulated in the City in accordance with Section 36933 of
the Government Code, shall certify the adopting and posting of
this ordinance and shall cause this ordinance and this
certification together with proof of posting to be entered in the
Book of Ordinances of this City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by COUNCILWOMAN MACKEY and seconded
COUNCILWOMAN BORGESON the motion was approved by the following
roll call vote:
AYES: COUNCILMEMBERS BORGESON, HANDSITY, MACKEY AND MAYOR NORRIS
NOES: COUNCILMAN BOURBEAU
ABSENT: NONE
DATE ADOPTED: 4/12/88
By.
BARBARA NO RIS, Mayor
City of Atascadero, California
ATTEST:
OYD , . SHA ITZ, C erk
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APPROVED AS TO CONTENT:
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MICHARI SHELTON, City Manager
APPROVED AS TO FORM:
*PAE
NSEN, City Attorney
G.
A*�� Z404s, -.00�
HENRY ENGEN
Community Developme Director
As Revised by City Council 3/22/88
EXHIBIT "A"
"TREE ORDINANCE"
9-4 . 155 . TREE PROTECTION: Preservation of natural flora and
fauna is a basic community goal of the Atascadero General Plan.
(a) PURPOSE : The trees of Atascadero are valued community
assets . The purpose of this section is to establish regulations
for the installation, maintenance, preservation, , and selected
removal of native and heritage trees within the City. In
establishing these procedures and standards, it is the City' s
intent to encourage the preservation of trees and other natural
amenities with sensitive design and development practices . City
review of proposed projects shall take into consideration trees
existing on the property with applicants encouraged to design
projects to utilize existing trees in the landscaping pattern.
The provisions of this section shall apply to all property within
the City of Atascadero, public or private, and to any person,
firm, corporation, public or private utility.
(b) TREE PROTECTION PLAN: In order to protect trees during
construction of a project and to maximize chances for their
subsequent survival, a tree protection plan shall be required as
part of applications subject to this section. Said plans shall
be approved by an International Society of Arboriculture (ISA)
certified arborist chosen from a list recommended by the Tree
Committee and designated by resolution of the City Council as
acceptable to the City of Atascadero. The arborist must certify
that the project as proposed complies with the City' s criteria to
preserve and protect existing trees from indiscriminate or
unnecessary removal and damage. The Community Development
Director, in case of disagreement with the arborist' s
recommendations, may seek a second qualified arborist' s opinion
(at City expense) and reject or modify plans as submitted.
( 1) When Required. The tree protection plan shall be
required as part of the materials submitted for a plot
plan, precise plan or conditional use permit approval .
( 2 ) Application Content. Applications shall include
all information specified by Section 9-2 . 107 (b) (Plot
Plan Content) and:
( i) size, species, state of health, and estimated
dripline of each tree within twenty ( 20) feet
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of all development areas ( including any areas
where trenching is proposed) .
( ii) measures proposed to ensure the survival of
remaining trees through the construction
process and thereafter.
( iii) size and species of trees proposed to replace
those proposed for removal .
(3 ) Tree Protection Standards . Approval of tree
protection plans shall require compliance with the
following standards :
( i) Tree Identification. Trees proposed for
removal shall be identified for field
inspection by the arborist utilizing a City-
provided identification sign. Notice of
Tree-Removal Permit shall be posted so as to
be visible from the street.
( ii) Drip Line Protection. The developer is
responsible, through final building
inspection, for the preservation of all trees
which are to remain on the project site.
Towards this end, the following are required:
Parking of vehicles or storage of equipment
and materials under the dripline of protected
trees is prohibited during construction.
Fencing. Each tree or group of trees to be
preserved shall be protected by enclosure
with a five foot fence prior to grading,
movement of heavy equipment, or approval of
any plans . Location of the fence shall be at
the discretion of the arborist subject to
City approval .
( iii) Landscape plans, when required, must show the
proposed landscaping within the dripline of
trees .
( iv) Performance bond may be required in a form
acceptable to the City prior to issuance of
an entitlement to assure protection of trees
on the site. The amount of any set bond
shall be $1,500 or the value of affected
trees, whichever is greater, based on "Manual
for Plant Appraisers" , Council Of Tree and
Landscape Appraisers, First Edition, 1986, a
copy of which is available for review in the
Community Development Department. If, in the
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opinion of the certified arborist, no
violation or no damage has occurred during
construction, the bond shall be returned upon
final building inspection. If damage,
however, has occurred the bond shall be held
for three years and forfeited if, in the
opinion of the certified arborist, permanent
damage has occurred.
(v) Nonconformance. In case of nonconformance
with tree protection requirements, the
Community Development Director shall issue a
Stop Work Order until all requirements have
been met.
(vi) Unauthorized Work. Should unauthorized work
lead to tree damage or destruction, the
Community Development Director shall issue a
Stop Work Order until the developer has
mitigated the damage done pursuant, but not
limited to, criteria contained in Subsection
(b) (3) ( iv) Performance Bonds and Subsection
(c) ( 5) Replacement Trees . The matter may be
appealed to the Planning Commission.
(c) TREE REMOVAL PERMIT: Tree removal means destruction or
displacement of a tree by cutting, bulldozing, or other
mechanical or chemical means, which results in physical
transportation of the tree from its site and/or death of the
tree.
( 1 ) When Required: For native trees, no person shall
allow or cause the removal of a tree over twelve ( 12)
inches or more in circumference or four (4) inches or
more in diameter measured four (4 ) feet above grade
without first obtaining a tree removal permit unless
otherwise exempted herefrom. (Refer to Section 9-
4 . 155(d) for special provisions for heritage trees) .
Native trees shall be those species as defined by
Resolution of the City Council .
For non-native trees, refer to Subsection (c) (7 )
( 2 ) Exemptions : A tree removal permit is not required
for the following:
( i) Trees that are identified and approved for
removal in an approved plot plan, precise
plan, or conditional use permit provided that
such removal is subject to removal criteria
of Section 9-4 .155 (c) (4) ; or
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( ii) Trees in a hazardous condition which presents
an immediate danger to health or property; or
( iii) Trees that are to be pruned, cut above
ground, removed, or otherwise disturbed
affecting less than 30% of the tree crown.
( iv) Trees that are to be removed as part of
management practices in orchards, Christmas
Tree Farms, or nurseries .
(3 ) Application Content: Applications that propose
tree removal shall include all information
specified by Section 9-2 . 107 (b) (Plot Plan
Content) and the following:
( i) The size, species, and condition (e.g.
diseased, healthy, etc . ) of each tree
proposed for removal .
( ii) The purpose for removal .
( iii) The size and the species of any tree proposed
to replace those intended for removal .
(4 ) Tree Removal Criteria: Trees proposed for removal
shall be identified for field inspection by the
applicant utilizing a City-provided identification
sign. Notice of tree removal permit shall be posted so
as to be visible from the street. An application for
tree removal may be approved only when at least one of
the following conditions is satisfied and certified by
a certified arborist and approved by the Community
Development Director:
(i) Dead, diseased beyond reclamation, or
hazardous .
( ii) Crowded, with good horticultural practices
dictating thinning;
( iii) Interfering with existing utilities,
structures, or right-of-way improvements;
provided that right-of-way improvements-
especially sidewalks - shall accommodate
existing trees whenever possible.
( iv) Obstructing existing or proposed improvements
that cannot be reasonably designed to avoid
the need for tree removal .
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(v) Inhibiting sunlight needed for either active
or passive solar heating or cooling, and the
building of solar collectors cannot be
oriented to collect sufficient sunlight with-
out total removal of the tree.
(5) Replacement Trees : Except where, upon recommen-
dation of the arborist, the remaining tree cover is so
extensive that tree replacement would serve no useful
purpose, removed tree(s) shall be replaced with a
similar native tree or a number of trees which will
provide equal aesthetic quality. The minimum size of a
replacement tree shall be in a fifteen ( 15) gallon
container.
(6) Non-Native Trees . For non-native trees 8 inches
in diameter or greater, a removal permit shall be
obtained, but tree protection standards shall not
apply•
( i) Tree Identification. Trees proposed for
removal shall be identified by the applicant
utilizing a City-provided identification
sign. Notice of tree removal permit shall be
posted so as to be visible from the street.
(d) HERITAGE TREES: Heritage trees are established as a
special group of trees which - due to age, size, visibility,
or historic nature - deserve special consideration for
preservation and protection.
( 1) Definition:
( i) Any native tree, as defined by City Council
Resolution, over sixty-three (63) inches in
circumference or twenty ( 20) inches or more
in diameter measured four (4) feet above
grade or a multi-trunk tree with a
circumference of seventy (70) inches or more.
( ii) Any other tree designated by Resolution of
the City Council on the basis of age, size,
location, visibility or historic origin.
( 2 ) Tree Removal Criteria. A heritage tree shall not
be removed except as follows :
( i) The tree is approved for removal by the City
Council, following public hearing.
( ii) The tree has died or become a hazard as
determined by a certified arborist.
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Any removal so authorized shall be granted a tree
removal permit subject to replacement tree conditions .
(e) PENALTIES: Penalties for violation of this ordinance
shall be as set forth in Chapter 3 of Title 1 of this Code.
9-4 . 156 . (Reserved- Street Trees) :
9-4 . 157 . (Reserved - Tree Management Plan) :
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