HomeMy WebLinkAboutOrdinance 350 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of Ordinance No.350
adopted by the Atascadero City Council at a regular meeting thereof held on
September 8, 1998 and that it has been duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 350
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING CHAPTER 11 OF TITLE 9 AND REPEALING CHAPTER 12 AND
CHAPTER 13 OF TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
REGARDING NATIVE TREES
WHEREAS,the City Council of the City of Atascadero held a duly noticed public
hearing on August 25, 1998 to consider a recommendation from the City Planning
Commission to amend regulations governing the removal and protection 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 amendments to the Atascadero Municipal Code 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".
THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 12 and Chapter 13 of Title 9 of the Atascadero Municipal Code are
hereby repealed.
Section 2. Chapter 11 of Title 9 of the Atascadero Municipal Code is amended in its
entirety to read as indicated on the attached Exhibit A, incorporated herein and made a
part thereof by this reference.
Section 3. If any section, subsection,paragraph, sentence, clause or phrase of this
ordinance is held to be unconstitutional or invalid in whole or in part by any court, such a
decision shall not affect the validity of effectiveness of the remaining portions of this
ordinance, or any part thereof. If the application of any provision of this ordinance or any
person, property, or circumstance is found to be unconstitutional or invalid in whole or in
part by any Court, such decision shall be limited to the person,property or circumstance
immediately involved in the controversy, and the application of such provision to other
persons,property and circumstances shall not be affected.
Section 4. The City Clerk shall cause this Ordinance to be published once within thirty
(30) days after its passage in the Atascadero 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
into the Book of Ordinances of the City.
ORDINANCE No. 350
Page 2
Section 5. This ordinance shall go into effect and be in full force and effect on the 31St
day after its passage.
On the motion by Council Member Luna and seconded by Council Member Johnson, the
foregoing ordinance is approved by the following vote:
AYES: Council Members Johnson, Lerno, Luna, and Mayor Carden
NOES: Council Member Clay
ABSENT: None
DATE ADOPTED: September 8, 1998
HAROL CA EN,MI, Mayor
City of Atascadero, California
ATTEST:
r
Marcia M. Torgerson, Ci# Clerk
APPROVED AS TO FORM:
k a, "
Ro V
. Hanley, City Attey
APPROVED AS TO CONTENT:
Paul M. Saldana
Community Development Director
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 A=Iicabili
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 Menziesii) 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- Ordinance Number 350
11.04 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.
Dma age: 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.
DD h: Means "diameter at breast height", specifically four feet six inches (4'6')
above natural grade.
Ddpline: 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
of a 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 menziesu Pursh. Madrone
Heteromeles arbutifolia Lindl. Toyon,California.Holly
Juglans hindsii Jeps. California Black Walnut
Plantanus racemosa Nutt. California Sycamore
rcusolia Eastw. Coast Live Oak
Quercus alvordiana Nee Blue Oak z Desert Oak
Quercus dumosa Jeps. Scrub Oak
Qucrcus durata Jeps. Leather Oak
Quercus dou wii H&A Blue Oak
(Quercus-lob ata Nee Valley Oak
Qucmm turbinella Desert Oak
Umbellularia californica Nutt. California Bay 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- Ordinance Number 350
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.
I. 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.
I 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- Ordinance Number 350
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.
I 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- Ordinance Number 350
(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- Ordinance Number 350
a
(e) The potential effect that tree removal could have on
significantly reducing available wildlife habitat or result,in the
displacement of desirable species.
(� Aesthetics
(g) The number,size,species, condition and location of trees to
be removed.
(h) The special need to protect existing 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) Depending on the characteristics of the site the applicant
may plant replacement trees on site. This method shall
include payment in advance for three (3) site inspections
during a four (4) year establishment 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- Ordinance Number 350
C. Review and Approval
The Protection Plan shall be in place and verified before an applicant receives
any City permits to begin work,with the exception of tree protection measures
proposed during construction. 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
I. Minimum area of site of 5.0 acres or larger in single, contiguous ownership;
and
Native Tree Regulations -7- Ordinance Number 350
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 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 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- Ordinance Number 350
U.12 Street Trees - (RESERVED)
11.13 Repeat Applications.
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 iri Section 5 of this Chapter. The City may bring
a civil action for restitution to enforce this section.
Native Tree Regulations -9- Ordinance Number 350
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 - 10- Ordinance Number 350