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HomeMy WebLinkAboutOrdinance 214 ORDINANCE NO. 214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO REPEALING CHAPTER 19 OF TITLE 2 AND SECTION 9 - 4.155 AND ADDING CHAPTERS 11, 12 AND 13 TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE REGARDING TREE PROTECTION The City Council of the City of Atascadero, California, does ordain as follows: Section 1 . Chapter 19 of Title 2 and Section 9 - 4 . 155 of the Atascadero Municipal Code are hereby repealed. Section 2 . Chapter 11 is added to Title 9 of the Atascadero Municipal Code to read as follows : Chapter 11 . Native Tree Ordinance Sec. 9-11 . 01 . Purpose and Intent . Preservation of natural flora and fauna is a basic community goal of the Atascadero General Plan. The trees of Atascadero are valued community assets. The purpose of this ordinance is to establish regulations for the installation, maintenance, preservation, protection and selected removal of trees within the City limits . In establishing these procedures, 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; among these are: clean air and water, soil conservation, aesthetics, property values and an ecological diversity that will ensure that Atascadero will continue to be a desirable place to live. Sec. 9-11 . 02 . Applicability. (a) The provisions of this chapter, with a set of accompanying "Tree Standards and Guidelines" adopted by resolution, shall apply to all native trees (as defined by City Council) two inches (211) dbh or greater for deciduous oaks and madrones (Arbutus menziesii) and four inches (4") dbh or greater for all other native trees 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 . (b) 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 . (c) Fees for Services . Fees may be charged for services and shall be set forth and amended by resolution. Ordinance No. 214 Sec. 9-11 . 03 . Definitions . (a) "Damage" means 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, unauthorized relocation or transportation of a tree or trenching, excavating, altering the grade or paving within the dripline of a tree. (b) "Dbh"means "diameter at breast height", specifically four feet six inches (411611) above natural grade . (c) "Dripline" means the outermost line of the tree' s canopy projected straight down to the ground surface. As depicted in plan view, the dripline appears as a irregularly-shaped circle. (d) "Hazardous" means presenting an immediate danger to people or existing structures . (e) "Removal" means 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. (f) "Native Tree" means a naturally-occurring species having a dbh of two inches (211) or greater for deciduous oaks and madrones (Arbutus menziesii) and four inches (411) dbh or greater for all other native trees . Refer to "Native Trees" section, Chapter 1, of the City' s "Tree Standards and Guidelines" . (g) "Tree Protection Plan" means a plan that shows how specific trees shall be protected during development and land use related work. (h) "Tree Pruning" means the cutting, detachment or separation of any limb, branch or roots from a native tree. Sec. 9-11 . 04 . Adoption of Standards . The "Tree Standards and Guidelines" set forth the procedures, guidelines and standards that shall be used to , implement the Native Tree Ordinance. They shall be used to provide details about preservation, maintenance, installation, protection, regeneration and select removal of trees . They shall be adopted and amended by resolution of the City Council and have the force of law. Sec. 9-11 . 05 Roles and Responsibilities (a) City Arborist ("Natural Resource Specialist") . The City Ordinance No. 214 Natural Resource Specialist, herein referenced as the City Arborist, along with staff persons in the Community Development and Public Works Departments, shall provide information, review building, development and Tree Protection Plans and visit sites . The City Arborist (or designee) shall make recommendations and determinations on native tree removals for trees less than twenty-four (2411) dbh in size. (b) Planning Commission. Decisions on native tree removals of 241" dbh - size or larger shall be made by the Planning Commission. Decisions regarding native tree removal, tree protection and tree replacement made by the City Arborist may be appealed to the Planning Commission. (c) City Council . Decisions related to native trees made by the Planning Commission are appealable to the City Council . (d) Site Planner. These persons are qualified professionals who are hired by applicants to prepare Tree Protection Plans . Refer to "Tree Standards and Guidelines", Chapter 3 . (e) Private Arborist . These persons are licensed professionals who are hired to do physical work on trees in Atascadero. Refer to "Tree Standards and Guidelines", Chapter 3 . Sec. 9-11 . 06. Tree Removal . (a) Permit Required. Except as set forth in (b) below, Tree Removal Permits shall be required for the removal of any native tree two inches (211) dbh or greater for deciduous oaks and madrones (Arbutus menziesii) , and four inches (411) dbh or greater for all other native trees, and for pruning of more than twenty five percent (25a) 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 . A Native Tree Removal Application or Permit is not required for: (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 Ordinance No. 214 time. The Pruning shall be done according to the adopted "ISA Tree Pruning Standards" . (4) Trees removed as part of an approved "Tree Management Plan" - Refer to Section 9-11 . 13 . (5) Single family residences in single family zoning districts with the following conditions: a. A permanent dwelling exists . b. Building or grading permits are not being sought . (c) Dead and diseased tree removals are subject to the procedures outlined in Sections 9-11 . 07 through 9-11 . 09 below, but all related fees shall be waived. Sec. 9-11 . 07. Applications and Permits for Tree Removal . (a) Early Consultation. All applicants are encouraged to use the services of the City Arborist, Community Development and Public Works 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 . (b) Content . The content of the Tree Removal Application and Permit shall be set forth in the "Tree Standards and Guidelines" . (c) Posting. All native trees proposed for removal shall be identified by the applicant for field inspection as set forth in the "Tree Standards and 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 . Refer to "Tree Standards and Guidelines". Chapters 4 and 7 . (d) The application is reviewed and the permit is either denied or approved with tree replacement conditions by the City Arborist (or designee) . Sec. 9-11 . 08 . Required Findings for Tree Removal . The applicant must provide the factual data to make the required finding(s) . At least one of these findings must be made in order to approve a Tree Removal Application. (a) The tree is dead, diseased or injured beyond reclamation. (b) The tree is crowded by other healthier native trees; Ordinance No. 214 thinning (removal) would promote healthier growth in the trees to remain. (c) The tree is interfering with existing utilities and/or structures. (d) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling. (e) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal . Factors to be considered in determining "reasonableness" include: (1) Early consultation with City Arborist; (2) Consideration of practical design alternatives; (3) Provision of cost comparisons (from applicant) for practical design alternatives; (4) If saving the tree eliminates all reasonable use of the property; or (5) If saving the tree requires the removal of more desirable trees . Sec. 9-11 .09 . 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 significantly increasing the noise level . (d) The potential effect that tree removal could have on the ability of existing vegetation to reduce air movement and wind velocity. (e) The potential effect that tree removal could have on significantly reducing available wildlife habitat or result in the displacement of desirable species . (f) Aesthetics (g) The number, size, species, condition and location of trees to be removed. Ordinance No. 214 (h) The special need to protect existing blue and valley oaks because of regeneration problems . (i) The cumulative environmental effects of tree removal . Sec. 9-11 . 10 . Tree Protection Plans . (a) Tree Protection Plans shall be required if any listed activity occurs within twenty feet (20' ) of the dripline ofany 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 . Refer to "Tree Standards and Guidelines", Chapter 5. (b) Early Consultation with the City Arborist, Community Development and Public Works Staff is available and strongly encouraged. (c) Implementation. The Native Tree Protection Plan shall be in place (and verified in writing by the applicant) before applicants shall receive any City permits to begin work. (d) Tree Protection During Grading and Construction. Refer to "Tree Standards and Guidelines", Chapters 5 and 6 . (e) 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. (f) 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 "Tree Standards and Guidelines" through conditions placed in a revocable pruning, trenching and encroachment permit that may be issued on a yearly basis . Sec . 9-11 . 11 Tree Replacement and Regeneration. Tree Removal Conditions . Tree Removal Permits shall be conditioned by one or more of the following methods : (a) Planting Trees . Replacement plantings shall be required Ordinance No. 214 to help sustain and regenerate Atascadero' s urban forest . The number of replacements shall be determined by the conditions (size, species, age and location) of the trees removed; a minimum of one for one, same species, five (5) gallon (locally grown native stock) sized trees shall be required. Refer to "Tree Standards and Guidelines", Chapter 8 . (b) Tree Replacement Fund. This fund has been established to receive cash in lieu of planting replacements; the City will use these monies to plant, protect and maintain trees in locations designated as receiver sites . Refer to "Tree Standards and Guidelines", Chapter 8 . (c) Conservation Easements . Conservation easements can be used in lieu of tree replacements . Such easements protect the land upon which trees are located. Conservation easements are not specifically for public access . (d) Building Permits . 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 . Sec. 9-11 . 12 . Tree Abatement : Nuisances, Pests and Disease. (RESERVED) Sec . 9-11 . 13. Forestry and Woodlot Management . (RESERVED) Sec. 9-11 . 14 . Procedures for Public Projects . (a) Definition. Public projects are tree-related actions 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 . (c) Procedure to Seek Exemption. Applicant from the City shall submit a written statement to City Council describing project and reason that an exemption should be granted. Sec. 9-11 .15 . Appeals . Appeals shall be filed in accordance with Sec. 9-1 . 111 of this Title. For purposes of an appeal, the decisions of the City Arborist shall be considered as a decision of the Community Development Department and/or Public Works Department . Sec. 9-11. 16 . Repeat Applications . When any application made Ordinance No. 214 pursuant to Title 9 or Title 11 has been denied, no new application which 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 or Public Works Director shall determine whether physical facts have changed or when an application is substantially the same as the previous application. , Sec. 9-11 . 17 . Enforcement . (a) 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. (b) Restitution. Trees within the City of Atascadero are valuable assets to its citizens, and as a result of loss or damage to these trees, the public should be recompensed. In addition to any penalties provided by (a) 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 Sec. 9-11 .11 . The City may bring a civil action for restitution to enforce this section. (c) Stop Work. In cases of nonconformance with Native Tree Protection Requirements, the City Arborist or inspecting official shall immediately issue a Stop Work Order until all requirements have been met . Should unauthorized work or noncomformance lead to tree removal or damage (as defined) , the City Arborist or inspecting official shall also issue a Stop Work Order. (d) Conditions and Signed Agreements. Should unauthorized work or noncomformance lead to tree removal or damage (as defined) , the City Arborist may also require additional conditions as penalty and as described in Sec. 9-11. 11 . and in the "Tree Standards and Guidelines", Chapter 8 . Section 3 . Chapter 12 and 13 are added to Title 9 of the Atascadero Municipal Code to read as follows : Chapter 12 . Landmark Trees Sec. 9-12 .01 . Landmark Tree, 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 . Sec. 9-12 .02 . 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 Ordinance No. 214 significance. Landmark trees receive the same protection and are subject to all conditions set forth in Chapter 11 of Title 9 regarding native trees . They may not be removed without City Council approval . Chapter 13 . Street Trees - RESERVED Section 4 . 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 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 5 . The City Clerk shall cause this Ordinance to be published once within fifteen (15) 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. Section 6. 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 Councilman Dexter and seconded by Councilman Shiers, the foregoing ordinance is approved by the following roll call vote: AYES: Councilmembers Shiers, Borgeson, Dexter and Mayor Lilley NOES: None ABSENT: Councilman Nimmo DATE ADOPTED: February 26, 1991 s By Y, Ma Ci y of Atascadero, lifornia Ordinance No. 214 APPROVED AS TO CONTENT: [A) RAY WINDSOR, City Manager APPROVED AS TO FORM: �\ —, K - T R CNTAN ON, Ci y ttorney ATTE T• 1 LEE DAY , City 5&erk