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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 I APPROVED AS TO CONTENT: �4 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 1 • • 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 2 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 3 0 0 ( 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 . 4 (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. 5 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) : 6