HomeMy WebLinkAboutResolution 1998-034 RESOLUTION No. 1998-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ADOPTING NATIVE TREE GUIDELINES AND
STANDARDS IMPLEMENTING CHAPTER 11 OF TITLE 9 OF THE
ATASCADERO MUNICIPAL CODE
WHEREAS, Chapter 11, Section 3 of Title 9 of the Atascadero Municipal Code provides for the
City Council to adopt guidelines and standards to implement said Chapter; and
WHEREAS,the City Council has reviewed and considered proposed guidelines and standards
regarding the preservation, maintenance, installation,protection, regeneration and selected
removal of native trees in the City; and
WHEREAS,the City Council has determined that it is in the best interest of the City to enact
these guidelines and standards to provide for the continued protection of native trees in the
community; and
WHEREAS,the proposed amendments are categorically exempt from the requirements of the
California Environmental Quality Act as an"action taken by a public agency for the protection
of natural resources and the environment".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero
hereby repeal previously adopted standards and guidelines as found in Resolutions 125-90, 28-91
and 74-94 in their entirety.
BE IT FURTHER RESOLVED,that the City Council hereby adopts the Native Tree Guidelines
and Standards, attached hereto as Exhibit A, incorporated herein and made a part thereof by this
reference.
PASED AND ADOPTED BY THE CITY COUNCIL THIS 25th DAY OF AUGUST, 1998 BY
THE FOLLOWING ROLL-CALL VOTE:
AYES: Council Members Johnson, Luna and Mayor Carden
NOES: Council Member Clay
ABSENT: Council Member Lerno
OLD L. CA EN, III, M yor
City of Atascadero, California
ATTEST:
rI tAjiF
Marcia Torgerson, Ci Clerk
AP DD OVED AS TO FORM:
Roy V. Hanle/ City ttorney
Chapter 11
Native_Tree Regulations
11.01 Purpose and Intent
Preservation of natural flora and fauna is a basic community goal of the Atascadero
General Plan and native trees are valued community assets. The purpose of this
ordinance is to establish regulations for the installation, maintenance, planting,
preservation, protection and selected removal of native trees within the City limits.
In establishing these regulations,it is the City's intent to encourage the preservation,
maintenance and regeneration of a healthy urban forest. This enhances other values
that Atascadero holds for its community including clean air and water, soil
conservation, aesthetics,property values and an ecological diversity that will ensure
that Atascadero will continue to be a healthy and desirable place to live.
11.02 Avvlicability.
The provisions of this chapter shall apply to all native trees, as defined by this
Chapter, two inches (2') dbh or greater for deciduous native oaks, California
Sycamore (Plantanus racemosa Nutt) and madrones (Arbutus Menziesu) and four
inches (4') dbh or greater for all other protected native trees, as defined in this
Chapter. It shall be illegal to intentionally harm,damage and/or cause the death or
decline of a native tree or remove a native tree without a City-issued Tree Removal
Permit,where such a permit is required by this Chapter.
The provisions of this chapter shall apply to all public and private property and
protected native trees within the City of Atascadero, and to any person, firm,
corporation and public or private utility company doing work within the City limits.
11.03 Adoption of Standards & Guidelines
The "Tree Standards and Guidelines" (the "Guidelines") set forth the procedures,
guidelines and standards that shall be used to implement this Chapter. They shall be
used to provide details about preservation, maintenance, installation, protection,
regeneration and selected removal of trees. They shall be adopted and amended by
resolution of the City Council and have the force of law.
Native Tree Regulations -1- August 141998
U.04 - Definitions.
Arborist: A person certified by the International Society of Arboroculture or other
recognized professional organization of Arborists that provide professional advice
and licensed.professionals to do physical work on trees in the City.
Dom: Any intentional action or gross negligence,which causes injury, death or
disfigurement of a tree. Actions include, but are not limited to cutting, girdling,
poisoning, overwatering,soil compaction,unauthorized.relocation or transportation
of a tree or trenching,excavating,altering the grade or paving within the dripline of
a tree.
Dbh: Means "diameter at breast height", specifically four feet sig inches (4'6')
above natural grade.
Dripline: The outermost line of the tree's canopy projected straight down to
the ground surface.
Hazardous: Presenting an immediate danger to people or existing structures.
Removal: The physical destruction,displacement or removal of a tree, or portions
ofa tree caused by poisoning, cutting, burning, relocation for transplanting,
bulldozing or other mechanical,chemical or physical means.
Native Tree:A tree species as listed below:
Arbutus menziesii Pursh. Madrone
Heteromeles arbutifolia Lindl. Toyon,California Holly
Juglan� s hinds ii Jeps. California Black Walnut
Plantanus racemosa Nutt. California Sycamore
Quercus agrifolia Eastw. Coast Live Oak
Quercus alvordiana Nee Blue Oak x Desert Oak
Quercus dumosa Jeps. Scrub Oak
Quercus_durata Jeps.. Leather Oak
Q=vcus douglasii H&A Blue Oak
Quercus lobata Nee Valley Oak
- ercus turbinella Desert Oak
UmbeUularia californica Nutt. California BE Laurel
Native Tree Association: Refers to the Atascadero Native Tree Association or other
successor organization recognized by the City Council to cooperate with the City in
educational programs and provide advice to the City on matters related to native
trees.
Native Tree Regulations 2 August 11.,1998
Site Planner:Licensed professionals,such as Architects,Engineers,who are hired by '
applicants to prepare site plans including tree protection plans.
Tree Protection Plan:A plan that shows how specific trees shall be protected during
development and related work, including any required mitigation measures and
ensure viability of tree after construction.
.Tree Pruning: The cutting, detachment or separation of any limb branch or roots
from a native tree.
11.05 Tree Removal
A. Permit Required
Except as set forth in (B) below, a Tree Removal Permit shall be required
for the removal of any deciduous native tree two inches (2') dbh or greater
and four inches (4') dbh or greater for all other protected native trees, and
for pruning of more than twenty-five percent (25%) of the live canopy in
native trees. Any private or public entity doing regular maintenance in the
City of Atascadero may seek a "blanket pruning permit" that may be
renewed on a yearly basis.
B. Exemptions
The following are exempt from the permit requirements of this Chapter:
1. Emergency situations which cause hazardous or dangerous conditions
that have serious potential to cause immediate damage to persons or
improvements on real property. Such situations must be reported to the
City within 48 hours.
2. Trees planted,grown and maintained as part of a licensed nursery or tree
farm business.
3. Tree pruning that effects less than twenty-five percent (25%) of a tree's
live canopy within one year's time. The pruning shall be done according
to current tree pruning standards as adopted by the International Society
of Arboroculture.
4. Trees removed as part of an approved "Tree Management Plan"
5. Single family residences in single family zoning districts where . a
permanent dwelling exists and building or grading permits are not being
sought:.
Native Tree Regulations -3- August 11.,1998
C. Application for Tree Removal
1. Early Consultation: All applicants are encouraged to consult with the
Community Development Department before site development that
may involve any tree removal. Early consultation shall be a factor used
in determining whether proposed improvements can be reasonably
designed to avoid the need for tree removal.
2. Content. The content of the Tree Removal Application and Permit shall
be in a form as established by the Community Development Director.
The applicant must provide the factual data to make the required
finding(s) as required in this Chapter.
3. Fees. Application fees shall be established by resolution of the City
Council. Fees shall not be required for applications for the removal of
dead or diseased trees,as defined in Section D-2 (a).
.4. Arborist Report. When applicable by this Chapter, the applicant is
• required to submit a tree condition report prepared by an Arborist
selected and retained by the City. The applicant shall reimburse the City
for all costs related to the preparation of the report.
5. Posting. All native trees proposed for removal shall be identified by the
applicant for field inspection as set forth in the Guidelines. When a Tree
Removal Permit is issued,the City shall post a copy of the permit in City
Hall and the applicant will post a copy on-site for a public appeal period
of five (5) business days.
D. Review&Approval
1. Authority. The Planning Commission shall make decisions regarding all
tree removal application requests involving trees 24 inches dbh or larger.
All other tree removal application decisions will be made by the
Community Development:Department.
2. Required Findings: At least one of the following findings must be made
in order to approve a Tree Removal Application:
(a) The tree is dead, diseased or injured beyond reclamation,as
certified by a tree condition report from an Arborist.
Native Tree Regulations -4- August 11, 1998
(b) The tree is crowded by other healthier native trees thinning
(removal) would promote healthier growth in the trees to
remain, as certified by a tree condition report from an
Arborist,
(c) The tree is interfering with existing utilities and/or structures,
as certified by a report from the Site Planner.
(d) The tree is inhibiting sunlight needed for existing and/or
proposed active or passive solar heating or cooling, as
certified by a report from the Site Planner
(e) The tree is obstructing proposed improvements that cannot
be reasonably designed to avoid the need for tree removal,as
certified by a report from the Site Planner and determined by
the Community Development Department based on the
following factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for
practical design alternatives;
• If saving tree eliminates all reasonable use of the
property,or
• If saving the tree requires the removal of more desirable
trees.
3. Evaluative Criteria for Tree Removal. The following criteria will be
considered when evaluating each Tree Removal Application:
(a) The potential effect that tree removal could have on
topography, knowing that hilltops, ravines, streambeds and
other natural watercourses are more environmentally
sensitive than flat or gentle sloping lands.
(b) The potential effect that tree removal could have on soil
retention and erosion from increased flow of surface waters.
(c) The potential effect that tree removal could have on the
ambient and future noise level.
(d) The potential effect that tree removal could have on the
ability of existing vegetation to reduce air movement and
wind velocity.
Native Tree Regulations -5- August 141998
(e) The potential effect that tree removal could have on
significantly reducing available wildlife habitat or result;in the
displacement of desirable species.
(fj Aesthetics
(g) The number,size,species, condition and location of trees to
be removed.
(h)' The special need to protect em ting blue and valley oaks
because of regeneration problems.
(i) The cumulative environmental effects of tree removal.
4. Conditions of Approval
Tree Removal Permits shall be conditioned by one or more of the
following methods:
(a) Replacement by planting additional trees on site, depending
on the characteristics of the site and shall include payment in
advance for site inspections four (4) times during a seven (7)
year period.
(b) Payment of fee to the Tree Replacement Fund
(c) Establishment of conservation easements,which will restrict
removal of any tree within a designated area of the property.
11.06 Tree Protection Plans.
A. Plan Required
Tree Protection Plans shall be required if any listed activity occurs within twenty
feet (20) of the dripline of any native tree. Activities include but are not limited
to the following. remodeling or new construction,grading, road building, utility
trenching,etc. A Tree Protection Plan shall be included as part of the submittal
for a road plan,plot plan,precise plan, building permit and/or conditional use
permit.
B. Consultation
Early Consultation with the Community Development Staff is strongly
encouraged prior to the submittal of plans.
Native Tree Regulations -6- August 11, 1998
C. Review and Approval
The Protection Plan shall be in place and verified before an applicant receives
any City permits to begin work. Plans shall be.reviewed and approved by the
Community Development Department concurrent with the review of any
construction or building permit.
D. Surety Requirements.
In large projects involving valuable trees, the City may require a surety prior to
issuance of entitlement. Determination for use of the surety will be based on
the complexity of the project and number of trees being impacted. The type of
surety must be approved in writing by the City Attorney.
E. Tree Protection Plans for Private/Public Utilities.
Utility companies doing regular maintenance and construction are not required
to submit Tree Protection Plans for each individual project, but shall meet the
tree protection requirements set forth in this Ordinance and the Guidelines
through conditions placed in a revocable pruning, trenching and encroachment
permit that may be issued on a yearly basis.
11.07 Tree Replacement and Regeneration.
For each residential building permit issued, the planting of one five-gallon native
tree shall be required, based on the rate of one native tree per residential dwelling
unit.
11.08 Tree Abatement: Nuisances,Pests and Disease --(RESERVED)
11.09 Tree Management Plans.
A: Tree Management Plans.
Tree Management Plans allow for the management of trees as a resource for the
benefit of both the landowner and the community. Tree Management Plans will
allow for comprehensive woodlot management practices as an alternative to the
submission of individual Tree Removal Applications. Tree Management Plans
may be permitted on the following types of property:
1. Minimum area of site of 5.0 acres or larger in single,contiguous ownership;
and
Native Tree Regulations -7- August 11,1998
2. Parcels where the existing zoning is single-family residential or agriculture;
and
3. Canopy cover of site is equal to or greater than 50%;and
4. The woodlotwM be managed for personal use only.
B. Standards for Tree Removal
The standards for tree removal and contents of the Tree Management Plan shall
be set forth in the Guidelines.
11.10 Procedures for Public Projects.
A. Definition.
Public projects are any construction project that may impact native trees
initiated by any department of the City of Atascadero.
B. Binding City to Tree Ordinance.
Public initiated projects will comply with the Tree Ordinance unless explicitly
exempted by City Council. The City shall consult with an Arborist during the
planning and inspection of all construction projects impacting native trees.
C. Exemptions.
Applicant from the City shall submit a written statement to City Council
describing project and reason that an exemption should be granted.
11.11 Landmark Trees
A. Defined.
Landmark Tree means any native or non-native tree recognized by City Council
resolution for its age,size,location,historical,and/or cultural significance.
B. Landmark Tree Protection.
Any tree (native or non-native) may receive protection by City Council
resolution for its age, size, location, historical, and/or cultural significance.
Landmark trees receive the same protection and are subject to all conditions set
forth in this Chapter regarding native trees. They may not be removed without
City Council approval.
Native Tree Regulations 8- August 11, 1998
2. Parcels where the existing zoning is single-family residential or agriculture;
and
3. Canopy cover of site is equal to or greater than 50%;and
The woodlot will be managed for personal use only.
B. Standards for Tree Removal
The standards for tree removal and contents of the Tree Management Plan shall
be set forth in the Guidelines.
11.10 Procedures for Public Projects.
A. Definition.
Public. projects are any construction project that may impact native trees
initiated by any department of the City of Atascadero.
B. Binding City to Tree Ordinance.
Public initiated projects will comply with the Tree Ordinance unless explicitly
exempted by City Council. The City shallconsult with an Arborist during the
planning and inspection of all construction projects impacting native trees.
C. Exemptions.
Applicant from the City shall submit a written statement to City Council
describing project and reason that an exemption should be granted.
11.11 Landmark Trees
A. Defined.
Landmark Tree means any native or non-native tree recognized by City Council
resolution for its age,size,location,historical,and/or cultural significance.
B. Landmark Tree Protection.
Any tree (native or non-native) may receive protection by City Council
resolution for its age, size, location, historical, and/or cultural significance.
Landmark trees receive the same protection and are subject to all conditions set
forth in this Chapter regarding native trees. They may not be removed without
City Council approval.
Native Tree Regulations -9- August 11,1998
11.12 Street Trees - (RESERVED)
11.13 Repeat A fications.
When any application made,pursuant to Title 9 or Title 11 has been denied,no new
application that is substantially the same shall be filed within one year of the date of
the previous denial unless the physical facts upon which the decision-making body
based the denial have changed. The Community Development Director shall
determine whether physical facts have changed or when an application is
substantially the same as the previous application.
11.14 Enforcement.
A. Authority
It shall be the responsibility of the Community Development Director, or
individuals designated by the Director, for the implementation and enforcement
of all provisions of this Chapter. For the purposes of this Chapter, the Director
may consult with and employ an Arborist, certified by the International Society
of Arboricultural or other recognized professional organization of Arborists, on
technical matters related to the implementation of this Chapter, including, but
not limited to the 'review and approval of tree removal applications, tree
protection plans. It shall be the role of the Community Development
Department, in conjunction with the Native Tree Association, to develop
educational materials and provide information to all applicants requesting
permits from the Department, including, but not limited to, building permits,
land use permits and other permits issued by the Department.
B. Penalties.
Violations of this Chapter are specifically declared misdemeanors, and upon
conviction may be punished as set forth in Chapter 3 of Title 1 of the
Atascadero Municipal Code.
C. Restitution.
In addition to any penalties provided by (b) above, any person who damages a
tree in violation of the terms of this Chapter is responsible for proper restitution
and/or conditions as described in Section 5 of this Chapter. The City may bring
a civil action for restitution to enforce this section.
Native Tree Regulations - 10- 'August 141998
D. Stop Work.
In cases of nonconformance with this Chapter, the inspecting official shall
immediately issue a Stop Work Order until all requirements have been met.
Should unauthorized work or nonconformance lead to tree removal or damage
(as defined),the inspecting official shall also issue a Stop Work Order.
E. Conditions and Signed Agreements.
Should unauthorized work or nonconformance lead to.tree removal or damage
(as defined), the Community Development Director may also require additional
conditions as penalty and as described'in this Chapter.
Native Tree Regulations -11- August 1.4 1"S