HomeMy WebLinkAbout6.1 HeritageTreeOrdAmend CTTY CLERK
File # I~r~_~_J~c~ I / I~,' ~
AGENDA STATEI~IENT
CI'TY COUNCi'L I~IEETi'NG DATE: May 7~ 2002
SUBJECT: PUBLIC HEARING- PA 02-013, Amendment to the Heritage
Tree Ordinance 2"a Reading, Section 5.60 of the Dublin
Municipal Code
Report Prepared by: Pierce Macdonald, AsSociate Planner ~
ATTACHMENTS: 1. City Council Ordinance amending the Heritage Tree
Ordinance
RECOMMENDATION: 1. Hear Staff presentation
2. Open public hearing and take testimony from the public
3. Question Staff and the public
4. Close public hearing and deliberate
5. Waive 2nd Reading and adopt Ordinance (Attachment 1)
amending the Heritage Tree Ordinance
FINANCIAL STATEMENT: No financial impact.
DESCRIPTION:
This project is a City-initiated application to amend the Heritage Tree Ordinance, Chapter 5.60 of the
Dublin Municipal Code. It would replace the Heritage Tree Ordinance in its entirety and apply to all land
citywide.
BACKGROUND:
The City Council opened a public heating for consideration of an Ordinance amending the Heritage Tree
Ordinance, Chapter 5.60 of the Dublin Municipal Code, at the April 16, 2002 meeting. No public
comment was received and the City Council scheduled the item for a second reading at the May 7, 2002
meeting. As required by the Dublin Municipal Code, a second reading is necessary prior to final adoption
of the Ordinance, which will provide clarification of terms requested by City Council on December 19,
2000 and during the Brittany Lane/Black Mountain appeal; make the Heritage Tree Ordinance consistent
with the amended Wildfire Management Plan; and increase the penalty for illegal destruction of a
Heritage Tree.
History
The Heritage Tree Ordinance, Chapter 5.60 of the Dublin Municipal Code, was adopted by the City
Council in December of 1999, after a public heating. The City Council found that the preservation of
COPIES TO: In-house distribution
ITEM NO. ~
G:~PA#~2002\02-013\ccsrmay2002.DOC
Heritage Trees was beneficial to the health and welfare of citizens in the City of Dublin in order to
enhance the scenic beaUty, increase property values, encourage quality development, prevent soil erosion,
protect against flood hazards and the risk of landslides, counteract pollution in the air and maintain the
climatic balance within the city.
On December 12, 2000, the Planning Commission approved a Heritage Tree Protection Plan and related
pruning as part of the approval of the Brittany Lane/Black Mountain Development (PA 00-009). The Tree
Protection Plan was a requirement of the Heritage Tree Ordinance, and the pruning was a requirement of
the City of Dublin's Wildfire Management Plan. The following week, on December 19, 2000, City
Council directed Staff to provide a detailed definition of terms currently within the Heritage Tree
Ordinance. The City Council also questioned Staff regarding ambiguities in the text of the Ordinance.
The Brittany Lane/Black Mountain project was appealed to City Council on December 21, 2000. Several
of the grounds of the appeal were the alleged inadequacies of the Heritage Tree Protection Plan and the
severity of the proposed pruning. The appeal was scheduled for public heating for the January 16, 2001
meeting of City Council. On January 16, 2001, City Council continued the public hearing and directed
that the project be redesigned to minimize impacts to the heritage trees on site. The City Council also
directed Staff to look at ways to modify the Wildfire Management Plan to take into consideration Heritage
Trees.
.On February 20, 2001, City Council approved an amended Wildfire Management Plan. The amended plan
was applicable citywide, it designated certain trees as "Fire Resistive Heritage Trees" and it allowed
special pruning regulation of these trees when in the proximity of residential structures. At the same
meeting City Council approved the redesigned Brittany Lane/Black Mountain project, which incorporated
elements of the amended Wildfire Management Plan.
On March 5, 2002, City Council approved additional amendments to the Wildfire Management Plan.
On April 16, 2002, City Council opened the public heating for the amended Ordinance and scheduled the
second reading 'for May 7, 2002.
ANALYSIS:
The purpose of the amendment before the Council tonight is: to provide the clarification requested by City
Council on December 19, 2000 and during the Brittany Lane/Black Mountain appeal; to make the
Heritage Tree Ordinance consistent with the amended Wildfire Management Plan; and to increase the
penalty for illegal destruction of a Heritage Tree. The amendment consists of both substantive changes to
the text and general changes to word choices, in the following categories:
General Text Changes
- Definitions
- Tree Protection Plan Requirements
- Utilities
- Penalty for Illegal Destruction
General Text Changes:
The general changes to word choices and phrasing are underlined and striked-out in the Draft Amended
Heritage Tree Ordinance with Revisions Marked (included with Attachment 2). The changes are found
throughout the text and are too numerous to describe in detail. The City Attorney and Staff propose the
changes to make the text of the Ordinance more clear and direct.
New Definitions:
Under section 5.60.40, the original Heritage Tree Ordinance did not include definitions for "drip line,"
"effectively remove," "protect," or "remove or removal." Definitions were added to make application and
enforcement of the ordinance more straightforward. "Drip line" is a term used in the Wildfire
Management Plan, as well as in the text of the Heritage Tree Ordinance. The definitions for "effectively
remove," "protect," and "remove or removal" make it clear what types of activities are subject to the
terms of the Heritage Tree Ordinance. "Protect" is defined to safeguard Heritage Trees so that they will
likely survive and continue to grow normally in a healthy condition. The Brittany Lane/Black Mountain
project had raised questions regarding the word "protect" and whether it was less of a safeguard than
"preserve." The remaining new definitions, "effectively remove" and "remove or removal," would
specify actions that harm a Heritage Tree as infractions under the Heritage Tree Ordinance.
The Amended Ordinance would include the following new definitions:
1. "Drip line" means a line drawn on the ground around a tree directly under its outmost branch tips
and which identifies that location where rainwater tends to drop from the tree.
2. "Effectively remove" includes, but is not limited to, any extreme pruning that is not consistent
with standard arboriculture practices for a healthy Heritage Tree and that results in the tree's
permanent disfigurement, destruction, or removal ordered by the City pursuant to subdivision
(b)(2) of section 5.60.50.
3. "Protect" means the protection of an existing tree from damage and stress such that the tree is
likely to survive and continue to grow normally in a healthy condition, through measures that
avoid or minimize damage to branches, canopy, trunk, and roots of the tree. Such measures may
include but are not limited to, installation of tree protective fencing, mulching and watering of
roots, supervision of work by an arborist, installation of aeration or drainage systems, root pruning,
and use of non-destructive excavation techniques.
4. "Remove or removal" means cutting a tree to the ground, extraction of a tree, or killing a tree by
spraying, girdling, or any other means.
Tree Protection Plan Requirements:
Under section 5.60.80, the original Ordinance stated, "Heritage Trees required to be retained pursuant to
this chapter or by an approved development plan, zoning permit, use permit, site development review or
subdivision map shall be protected during demolition, grading and construction operations." The amended
Ordinance specifies that a procedure called a "tree protection plan" shall be used to protect heritage trees
during construction. The amended version references section 5.60.90 of the Ordinance, which outlines the
components of such a plan.
All applicants for demolition, grading, or building permits on property containing one or more
Heritage Trees shall prepare a tree protection plan pursuant to Section 5.60.90.
Under section 5.60.90 of the original Ordinance, a certified arborist must prepare a tree protection plan. In
the amended Ordinance, the following proposed addition to the text would explain the components of the
tree protection plan:
The Plan shall ensure that the tree, including its root system, is adequately protected from potential
harm during demolition, grading and construction that could cause damage to the Heritage Tree.
Such harm may include excavation and trenching, construction and chemical materials storage,
stormwater runoff and erosion, and soil compaction.
Utilities:
Under section 5.60.110, the original Ordinance requires any public utility to receive permission from the
Community Development Director before performing any work that might injure a Heritage Tree. The
amended Ordinance would add a requirement that the Community Development Director shall provide a
copy of the Ordinance to all utility companies.
The Director shall provide all water, sewer, electrical and gas utilities operating within the City
with a copy of this ordinance.
Fees:
Finally, under section 5.60.120, the amended Ordinance increases the penalty for illegally removing a
Heritage Tree to twice the appraised value of the tree, in addition to the City's costs for the appraisal. The
adequacy of the penalty was an issue in the Brittany Lane/Black Mountain appeal. City Council indicated
that Staff should examine an increase in the penalty as a deterrent to persons who may damage or illegally
remove a Heritage Tree. The fine is comparable to fines in other cities in the Tri-Valley area.
Any person who unlawfully removes, destroys or damages a Heritage Tree Shall pay a civil penalty
equal to twice the amount of the appraised value of the tree. A city-selected arborist shall estimate
the replacement value of the lost tree(s) in accordance with industry standards. The penalty shall
include the City's costs incurred in performing the appraisal..
ENVIRONMENTAL REVIEW:
Community Development Staff have determined that the Amended Heritage Tree Ordinance is
categorically exempt under Section 15307, "Actions by Regulatory Agencies for Protection of Natural
Resources," under CEQA because the amendment is an action taken by a regulatory agency as authorized
by state law to assure the maintenance, restoration, or enhancement of a natural resource where the
regulatory process involves procedures for protection of the environment.
CONCLUSION:
Staff believes that the Amended Heritage Tree Ordinance will implement City Council objectives and will
both protect Heritage Trees and facilitate development of sites containing Heritage Trees. The amendment
clarifies procedures and requirements under the Heritage Tree Ordinance and makes the Ordinance
consistent with approved changes to the Dublin Wildfire Management Plan. In addition, the amendment
will establish a stronger deterrent to person's whose development program may damage a Heritage Tree.
RECOMMENDATION:
Staff recommends that the City Council:
1. Hear Staff presentation
2. Open public hearing and take testimony from the public
3. Question Staff and the public
4. Close public hearing and deliberate
5. Waive 2nd reading and adopt Ordinance (Attachment 1) amending the Heritage Tree Ordinance
ORDINANCE NO. - 02
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE HERITAGE TREE ORDINANCE, PA 02-013
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
A. The City of Dublin is desirous of preserving Heritage Trees and facilitating the development
of sites which contain Heritage Trees in a manner consistent with the intent of the Heritage Tree
Ordinance in order to enhance the scenic beauty, increase property values, encourage quality
development, prevent soil erosion, protect against flood hazards and the risk of landslides, counteract
pollution in the air and maintain the climatic balance within the city.
B. The Heritage Tree Ordinance, Section 5.60 of the Dublin Municipal Code, was adopted by
the City Council on December 21, 1999.
C. On December 19, 2000 and January 16~ 2001, City Council directed staff to provide
clarification of terms currently within the Heritage Tree Ordinance; to amend the Wildfire Management
Plan; and to examine an increase in the penalty for illegal destruction of a Heritage Tree.
D. The City of Dublin is initiating the amendment to the Heritage Tree Ordinance in order to
provide new definitions, to outline tree protection plan requirements, to provide measures for utility
companies, to increase the penalty for illegal destruction, and to improve the writing of the Ordinance.
E. Properly noticed public hearings were held by the City Council on April 16, 2002 and April
30, 2002.
F. The application has been reviewed in accordance with the California Environmental Quality
Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and Community
Development Staff determined that the Amended Heritage Tree Ordinance is categorically exempt
under Section 15307, "Actions by Regulatory Agencies for Protection of Natural Resources," under
CEQA because the amendment is an action taken by a regulatory agency as authorized by state law to
assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process
involves procedures for protection of the environment.
G. The amended Ordinance is consistent with the Amended Wildfire Management Plan,
approved by City Council on March 5, 2002.
H. The City Council heard and considered all said reports, recommendations, written and oral
testimony submitted at the public hearing as hereinabove set forth.
I. The amended Heritage Tree Ordinance supercedes the existing Heritage Tree Ordinance,
SectiOn 5.60 of the Dublin Municipal Code, in its entirety.
ATI?ACHMENT 1
SECTION 2. ORDINANCE
Chapter 5.60 of the Dublin Municipal Code is amended to read as follows:
Section 5.60.10 - Title
This Chapter shall be known as "the Heritage Tree Ordinance"
Section 5.60.20 - Purpose and Intent
This Chapter is adopted becauSe the city has many Heritage Trees, the preservation of which is
beneficial to the health and welfare of the citizens of this city in order to enhance the scenic beauty,
increase property values, encourage quality development, prevent soil erosion, protect against flood
hazards andthe risk of landslides, counteract pollution in the air, and maintain the climatic balance
within the city. For theSe reasons the City finds it is in the public interest, convenience, necessity and
welfare to establish regulations controlling the removal of and the preservation of Heritage Trees
within the City. In establishing these regulations, it is the City's intent to preserve as many Heritage
Trees as possible consistent with the reasonable use and enjoyment of private property.
Section 5.60.30 - Applicability
This Chapter applies to all property within the City of Dublin, including private property, residential
and non-residential zones, developed and undeveloped land.
Section 5.60.40 - Definitions
The following words and phrases, whenever used in this chapter, shall be as construed as defined in
this section:
"City" means the City of Dublin.
"Certified or consulting arborist" means as arborist who is registered with the International Society
of Arboriculture and approved by the Director.
"Development" means any improvement of real property that requires the approval of zoning,
subdivision, conditional use permit or site development review permits.
"Director" means the Community Development Director or his or her designee.
"Drip line" means a line drawn on the ground around a tree directly under its outermost branch tips
and which identifies that location Where rainwater tends to drop from the tree.
"Effectively remove" includes, but is not limited to, any extreme pruning that is not consistent with
standard arboriculture practices for a healthy Heritage Tree and that results in the tree's permanent
disfigurement, destruction, or removal ordered by the City pursuant to subdivision (b)(2) of section
5.60.50.
"Heritage Tree" means any of the following:
(a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a trunk or
main stem of 24 inches or more in diameter measured at 4 feet 6 inches above natural grade;
(b) A tree required to be preserved as part of an approved development plan, zoning permit,
use permit, site development review or subdivision map;
(c) A tree required to be planted as a replacement for an unlawfully removed tree.
"Protect" means the protection of an existing tree from damage and stress such that the tree is
likely to survive and continue to grow normally in a healthy condition, through measures that avoid
or minimize damage to branches, canopy, trunk and roots of the tree. Such measures may include,
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but are not limited to, installation of tree protective fencing, mulching and watering of roots,
supervision of work by an arborist, installation of aeration or drainage systems, root pruning, and
use of non-destructive excavation techniques.
"Remove" or "removal" means cutting a tree to the ground, extraction of a tree, or killing a tree by
spraying, girdling, or any another means.
Section 5.60.50 - Tree Removal Permit Required
(a) No person may remove, cause to be removed, or effectively remove any Heritage Tree from
any property within the City of Dublin without obtaining a permit fi-om the Director.
(b) Exceptions
A permit is not required for the following:
(1) Removal ora Heritage Tree that presents an immediate hazard to life or property, with the
approval of the Director, City Engineer,' Police Chief, Fire Chief or their designee.
(2) Removal that is specifically approved as part of a City-approved planned development
development plan, conditional use permit, site development review, or subdivision map.
(3) Pruning of Heritage Trees that conforms with the guidelines of the International Society of
Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community
Development Department.
(c) Tree removal requested as part of the development of a property subject to zoning,
subdivision, conditional use permit, or site development review application approval shall be
reviewed and approved by the body having final authority over the entitlement application.
'Section 5.60.60 - Tree Removal Permit Procedure
(a) Any person wishing to remoVe one or more Heritage Trees shall apply to the Director for a
permit. The application for a permit shall be made on forms provided by the Community
Development Department and shall include the following:
1. A drawing showing all existing trees and the location, type and size of all
tree(s) proposed to be removed;
2. A brief statement of the reason for removal;
3. If the tree or trees are proposed for removal because of their condition, a
certified arborist's determination of the state of health of the I!eritage Trees
may be required;
4. Written consent of the owner of record of the land on which the tree(s) are
proposed to be removed;
5. A tree removal permit fee of twenty-five ($25.00) dollars to cover the cost
of permit administratiOn. An additional deposit may be required by the
Director to retain a certified arborist to assist the City in assessing the
condition of the trees;
6. Other pertinent information as required by the Director.
(b) Tree removal requested in conjunction with an application for any development entitlements
shall provide to the Community Development Department a Landscaping Plan specifying
the precise location, size, species and drip-line of all existing trees on or in the vicinity of the
property. The Landscape Plan shall also show existing and proposed grades and the
location of proposed and existing structures.
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(c) The Director shall inspect the property and evaluate each application. In deciding whether
to issue a permit, the Director shall base the decision on the following criteria:
1. The condition of the tree or trees with respect to health, imminent danger of falling,
proximity to existing or proposed structures and interference with utility services or
public works projects;
2. The necessity to remove the tree or trees for reasonable development of the
property;
3. The topography of the land and the effect °fthe removal of the tree on erosion, soil
retention and diversion or increased flow of stream waters;
4. The number of trees existing in the neighborhood and the effect the removal would
have upon shade, privacy impact, scenic beauty and the general welfare of the City
as a whole.
(d) The Director shall render a decision regarding the permit within ten (10) working days at, er
the receipt of a complete application.
(e) If an application to remove a Heritage Tree is being requested in conjunction with a
development entitlement, then the decision on the tree removal permit shall be rendered
simultaneously with the decision on the development entitlement and shall be made by the
body having final authority over the entitlement application. In deciding whether to
approve a tree removal permit under this subsection, the reviewing body shall consider the
criteria set forth in subdivision (c) of this section..
(f) The Director may refer any application to any City Department for review and
recommendation.
(g) The Director or the reviewing body having final authority over the development may grant
or deny the application or grant the application with conditions, including, the condition that
one (1) or more replacement trees be planted of a designated species, size and location.
Section 5.60.70 - Appeals
(a) Any decision of the Director, pursuant to this chapter, may be, appealed to the City
Council. Appeals shall be in writing, shall be signed by the applicant, shall state the reasons
the appeal is made, and be filed with the City Clerk within fourteen (14) days of written
notification of the decision by the Director. Any appeal shall be accompanied by an appeal
fee in the amount established by resolution of the City Council.
(b) The City Clerk shall place all such appeals on the agenda of the next regular Council
meeting and shall give the appellant at least five (5) calendar days' notice of the time and
place of said hearing. Appeals shall be conducted in accordance with the procedures set
forth in Section 1.04.050 of the Code. The decision of the City Council shall be final.
Section 5.60.80 - Protection of Heritage Trees during construction.
All applicants for demolition, grading, or building permits on property containing one or more
Heritage Trees shall prepare a tree protection plan pursuant to Section 5.60.90.
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Section 5.60.90 - Protection plan required prior to issuance of permit
(1) A plan to protect Heritage Trees as described in Section 5.60.80 above shall be submitted
to the Director prior to the issuance of demolition, grading or building permits. The plan
shall ensure that the tree, including its root system, is adequately protected from potential
harm during demolition, grading and construction that could cause damage to the Heritage
Tree. Such harm may include excavation and trenching, construction and chemical
materials storage, stormwater runoff and erosion, and soil compaction. The plan shall be
prepared and signed by a certified arborist and approved by the Director. The Director may
refer the plan to a city-selected arborist for review and recommendation. The cost of this
review shall be borne by the developer/applicant requesting said permit.
(2) The Director may require that a certified afborist be present on the project site during
grading or other construction activity that may impact the health of the tree(s) to be
preserved.
(3) Damage to any tree during construction shall be immediately reported to the Director so
that proper treatment may be administered. The Director may refer to a city-selected
arborist to determine the appropriate method of repair for any damage. The cost of any
treatment or repair shall be borne by the developer/applicant responsible for the
development of the project. Failure to notify the Director may result in the issuance of a
stop work order.
(4) The Director may waive the requirement for a tree protection plan if he or she determines
that the grading or construction activity is minor in nature and that the proposed activity
will not significantly modify the ground area within or immediately surrounding the drip-line
of the tree(s).
Section 5.60.100 - Applicant to guarantee protection - security deposit
(a) The applicant shall guarantee the protection of the existing tree(s) on the site nOt approved
for removal through placement of a cash bond or other security deposit in the amount based
upon the valuation of the trees acceptable to the Director. The Director may refer to a city-
selected arborist to estimate the value of the tree(s) in accordance with industry standards.
(b) The cash bond or other security shall be retained for a reasonable period of time following
the acceptance of the public improvements for the development, not to exceed one year.
The cash bond or security is to be released upon the satisfaction of the Director that the
tree(s) to be preserved have not been endangered. The cash bond or security deposit shall
be forfeited as a civil penalty for any unauthorized removal or destruction of a Heritage
Tree.
Section 5.60.110 - Public Utilities
Any public utility installing or maintaining any overhead wires or underground pipes or conduits in
the vicinity of a Heritage Tree shall obtain permission from the Director before performing any work,
which may cause injury to the Heritage Tree. The Director shall provide all water, sewer, electrical and
gas utilities operating within the City with a copy of this ordinance.
Section 5.60.120 - Violation - Penalty
(a) Any person who unlawfully removes, destroys or damages a Heritage Tree shall pay a civil
penalty equal to twice the amount of the appraised value of the tree. A city-selected
arborist shall estimate the replacement value ofthetost tree(s) in accordance with industry
standards. The penalty shall include the City's costs incurred in performing the appraisal.
(b) Any person violating any portion of this Chapter that results in the loss of a Heritage Tree,
shall be required to replace said tree with a new tree and or additional plantings, of the same
species. The Director shall determine the size and location of replacement tree(s). The
Director may refer to the recommendation of a city-selected arborist.
SECTION 3. APPROVAL
The City Council hereby approves the Amended Heritage Tree Ordinance, Section 5.60 of the
Dublin Municipal Code.
SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE
This ordinance shall take effect and be in force thirty (30) days from and after its passage. The City
Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the
City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 7th day of May 2002, by the
following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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