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HomeMy WebLinkAboutOrd 03-14 Street Trees Ordinance ORDINANCE NO. 3 - 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING A NEW CHAPTER 7.56 RELATING TO STREET TREES The City Council of the City of Dublin does hereby ordain as follows: Section 1: Compliance with California Environmental Quality Act ("CEQA"): This Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations for the planning and maintenance of Street Trees in the City. This Ordinance itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: A new Chapter 7.56 is hereby added to the Dublin Municipal Code to read as follows: 7.56.010 Purpose. A. To preserve, except when not feasible, all trees and plantings on City property and all protected planting of significant size, age and/or benefit to the community at large. B. To regulate the planting and maintenance of trees and other plantings in or adjacent to streets and within easements, in the public right-of-way and other public spaces within the City and where appropriate, private property. C. To regulate the removal of trees that contribute significantly to the value of land, preservation of resources, and quality of life in the City of Dublin. D. Identify responsibility and accountability for the planting, maintenance, protection, and when necessary, removal of the City's trees. 7.56.020 Definitions. The terms used in this Chapter have the meaning set forth below: "Approved Street Tree" shall mean any tree hereafter planted within any street right-of-way or easement adjacent thereto which conforms to the Approved Streetscape Master Plan and which is planted in accordance with this Chapter. "Approved Street Tree" shall also mean any existing tree within the right-of-way or easement adjacent thereto which conforms to the established species and location in any given area, and which was planted as a required street tree under the provisions of any improvement agreement, or as otherwise approved by the Public Works Director or his or her designee, or any tree of the approved species and in an acceptable location which was or may be planted as a replacement. "Hardscape" shall mean any durable material (pervious and non-pervious). "Heritage Tree" shall mean 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. Page 1 of 7 "Heritage Tree Planting" shall mean the planting of Heritage Trees within the public right-of-way, in parks and in easements dedicated to tree planting. Heritage Trees shall be planted in residential neighborhoods within tree planting easements in suitable vacant planting sites, which avoid conflicts with underground utilities and hardscapes. "Heritage Tree Ordinance" shall mean City of Dublin Ordinance 5.60, adopted December 21, 1999, which recognizes and protects individual trees or groves of trees to promote appreciation of the trees and their benefit to the community, and to nurture and protect the trees as part of the City's heritage. "Maintenance" shall mean planting, pruning, staking, cabling, treating for pests and disease, removing, or any other act that nurtures the street tree population, sustains tree life and health, and promotes public safety. "Other Plantings" shall mean any trees, shrubs, grass or ground cover other than public landscaping, planted within a street right-of-way or easements or in proximity thereto, or on adjoining property. "Owner/Occupant" shall mean any person owning property, as shown on the last equalized assessment roll for City taxes, the lessee tenant, or other person having control or possession of the property. "Qualified Tree Professional" shall mean an International Arboriculture Association certified Arborist or other licensed, certified individual with skills and authority to identify, diagnose and recommend mitigation of a condition related to health, selection, placement and maintenance of trees. "Tree Maintenance" shall include fertilization, pest control, pruning and watering of tree. "Tree Pruning" shall refer to the removal of diseased, dead, dying, decayed, interfering or obstructing branches, or the training of young trees to control growth and enhance performance or function in the landscape, and by developing and preserving tree structure, health and stability. No more than 25% of the tree canopy should be removed within a growing season. Where distressed trees require more than 25% crown removal, it must be done under the recommendation and supervision of a Qualified Tree Professional. "Street Tree Planting" shall mean the planting of City trees within the public right-of-way dedicated to tree planting or within tree planting easements in suitable vacant planting sites which avoid conflicts with underground utilities and hardscapes. "Parks and Public Space Planting" shall mean the planting of City trees within parks and public spaces dedicated to tree planting or within tree planting easements in suitable vacant planting sites which avoids conflicts with underground utilities and hardscapes. "Tree Removal" means either 1) complete removal, such as cutting a tree to the ground; or 2) taking any action that would lead to the death of a tree or cause permanent damage that may compromise tree health and stability. Tree removal may include, but shall not be limited to, severe pruning or topping, girdling, poisoning, over watering, under watering, trenching, excavating, or altering the soil grade around the tree trunk. "Tree Topping" is the removal of large branches to a stub, or smaller lateral not large enough to assume a terminal role. Tree topping is not an approved tree pruning practice for City street trees or protected trees, and is considered tree removal under this Chapter. "Unapproved Street Tree" shall mean any tree planted within street right-of-way or easements or in proximity thereto, or on adjoining property, which does not meet the specifications of the Streetscape Master Plan. Page 2 of 7 7.56.030 Responsibilities. A. Any residential trees located on privately owned property or adjacent planter strip areas within the public right-of-way are the responsibility of the private property owner. Right of way clearance of 8 feet above sidewalks or 16 feet above streets on the street side of the tree must be maintained at all times. No tree or other planting is allowed to obstruct the clear path of site to intersections, signage, traffic control devices or other directional markings. B. Private property owners are responsible for any damage which occurs as a result of fallen tree limbs, hardscape damage or utility line damage from privately owned trees. C. All walkways and storm drains must be kept clear of obstacles that may create a hazard for cyclists, pedestrians, and disabled persons. D. The City shall maintain those planting areas within the street public right-of-way, which are developed and landscaped as a public improvement and are not the responsibility of a private property owner. Trees and landscaping installed as part of a Development Agreement must comply with this and other applicable ordinances and the Dublin Streets Master Plan regarding selection, placement, care and maintenance. 7.56.040 Planting Permits. A. An encroachment permit from the Public Works Department must be obtained prior to any tree being planted in the public right-of-way. The permit shall specify the location and variety of the trees or plants to be installed. The trees shall be an Approved Street Tree. The encroachment permit fee will be waived for any tree service. B. Street trees or other plantings that are required to be planted by private development or public project in accordance with plans and specifications approved by the City, may be planted without a permit, provided, however, that such trees and plantings shall conform to the City's Streetscape Master Plan and shall be planted under the supervision of a Qualified Tree Professional. Continued care and responsibility for these plantings is defined in the development agreement and are enforced by City's Public Works Department. 7.56.050 Permits Required for Removal. A. It shall be unlawful for any person other than City personnel in the performance of their duties to remove any street tree, protected tree or heritage planting, without first applying for an encroachment permit issued by the Public Works Department. The encroachment permit fee will be waived for any tree service. B. The Public Works Department may determine that a tree authorized for removal be replaced by the permittee through the compensation methods described in Section 7.56.110, subsections (A) or(B). 7.56.060 Permits Required for Pruning. A. It shall be unlawful for any person to trim any Approved Street Tree without first obtaining an encroachment permit from the Public Works Department. The encroachment permit fee will be waived for any tree service. B. The permit shall be issued if the Public Works Department finds that pruning is necessary and that the proposed method is satisfactory. C. A permit is not required for removing sucker growth, waterspouts, low hanging branches less than 2" in diameter causing obstructions, or for the removal of less than ten percent (10%) of the tree canopy. Page 3 of 7 7.56.070 Maintenance A. Removal, Replacement and Planting of Trees. 1. The Public Works Department shall administer a program to provide for the planting, maintenance, care, removal, and replacement of Approved Street Trees. 2. Except for an emergency, which shall be an imminent threat of injury to persons or property, a tree protected by the Heritage Tree Ordinance or Streetscape Master Plan may not be removed without the review and approval of the Public Works Director or his or her designee. 3. Parks and Public Space Planting are managed by the Public Works Director or his or her designee. 4. Decisions regarding the removal, placement, and planting of trees in parks and public space areas are the responsibility of the Public Works Director or his or her designee. B. Tree Planting. 1. The City will annually plant Approved Street Trees in suitable vacant planting sites in the public rights-of-way and in tree planting easements. 2. Trees with attributes most appropriate to the selected location and surroundings will be selected by the Public Works Director or his or her designee consistent with the Streetscape Master Plan. 3. Trees planted in the public right-of-way and tree planting easements shall conform to the City street tree planting standard detail. 4. The current resident, or if there is no current resident, the property owner, shall be responsible for the adequate watering and protection of Approved Street Trees in the public right-of-way or tree planting easements. C. Tree Planting Appeal. 1. Any property owner can appeal the planting of an Approved Street Tree on his or her private property, in the adjacent public right-of-way, or in a planting easement by making a formal appeal to the Public Works Director. If an Approved Street Tree is to be planted on private property, the resident will receive notification of the City's plans no less than two weeks before the date of planting. 2. An appeal of Approved Street Tree planting in tree planting easements on private property shall be made to the Public Works Director within two weeks of planting notification. 3. Such appeal shall be in writing and signed by the property owner or if none is available, the owner. D. Removal of Trees Planted in Public Right-of-Way. 1. The City may remove any street tree and Other Plantings that constitute a hazard or may endanger public health, safety or property, or which constitutes an obstruction to the vision of automobile traffic. 2. The removal shall not be made, without prior notice to the property owner, unless the Public Works Department determines in his or her sole discretion that removing said tree or planting is immediately necessary for the protection of the public health, safety or property. E. Tree Replacement. The City shall replace Approved Street Tree and Parks and Public Space Planting in suitable vacant planting sites or other plantings that have died or may have been removed for any reason within six (6) months or as the City's tree budget allows. F. Maintenance of Unapproved Street Trees or Other Plantings. The City is not responsible for maintaining Unapproved Street Trees or Other Plantings in or adjacent to or overhanging any public right-of-way. Maintenance of such Other Plantings shall be the responsibility of the property owner, provided, however, the City may prune, trim, or remove such Other Plantings if the property owner refuses to maintain the plantings him or herself. Page 4 of 7 G. Abuse or Mutilation. It shall be unlawful for any person to break, destroy, or mutilate any Approved Street Tree, tree stake, any public tree, shrub or plant in any public place including parks, or to set fire or permit any fire to cause damage to any portion of any street tree or other public planting; or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster or other device on any street tree; or to permit or allow any gaseous, liquid or solid substance harmful to such tree to come in contact with any portion of any street tree; or to place or maintain any concrete or other solid substance or impervious membrane so as to impede free access of water or air to the roots. Only Approved Street Trees in properly sized existing tree wells shall be used. No solid paving or impervious membranes shall be placed closer than twenty-four inches (24") from the edge of any Approved Street Tree. Any Approved Street Tree or protected tree compromised in health and stability by abuse or mutilation shall be considered a tree removal, and compensation for removal may be sought by the City. 7.56.080 Other Plantings and Improvements. A. Regulations for Other Plantings. 1. A property owner may plant various plantings on his or her own private property as long as the planting does not conflict with the Streetscape Master Plan. 2. No plantings may interfere with the functioning of any curb, gutter, sidewalk, water meter, fire hydrant, or other public facility. The plantings must not interfere with or impair the growth of any Approved Street Tree, and cannot constitute a public nuisance in planting strips and easements. 7.56.090 Tree Protection. A. It shall be unlawful to remove existing trees within the City except in accordance with tree removal requirements as described in Section 7.56.070.D. B. Trees protected in this section include: 1. All trees which have a twenty four inch (24") or greater diameter of any trunk measured four and one half(4'/Z')feet above natural grade and located on developed residential property. 2. A tree required to be preserved as part of an approved development plan, zoning permit, use permit, site development review or subdivision map. 3. A tree required to be planted as a replacement for an unlawfully removed tree. 4. Heritage tree designation may be applied by resolution of the Dublin City Council to individual trees or a grove of trees of any size or species within the City of Dublin that are distinctive, of special historical value or significant community benefit. 5. A tree or grove of trees may be designated as a heritage tree or heritage tree grove upon a finding that it is unique and of importance to the community due to any of the following factors: a. It is an outstanding specimen or grove of a desirable species. b. It is one of the largest or oldest trees or grove of trees in Dublin. c. The tree or grove of trees possesses distinctive form, size, age, location and/or historical significance. 7.56.100 Enforcement. A. Abatement by Pruning on Public Right-of-Way. The Public Works Director or his or her designee shall be empowered to authorize pruning of any Approved Street Tree or Other Plantings in the public right- of-way or easement without prior notice to the property owner, if the Public Works Director determines in his or her sole discretion that the tree or other planting constitute an immediate danger to public health, safety or property. Page 5 of 7 B. Public Nuisance on Private or Public Property. 1. Any Approved Street Tree, Unapproved Street Tree, or Other Plantings growing on public or private property that interferes with the use of or endangers any public sewer, sidewalk, Approved Street Tree, street or other facility or which impairs traffic visibility or which is maintained in violation of the provisions of this Chapter, may be declared a public nuisance. 2. A City street tree or other protected tree that has been topped or mutilated may be declared a public nuisance by the Public Works Director and may be abated in accordance with the provisions of this Chapter. 3. All costs incurred to abate the public nuisance shall be recovered in accordance with Section 7.52.220. 7.56.110 Replacement or Compensation. In pursuit of the City's remedy for the unlawful removal or damage to any Approved Street Tree or Heritage Tree in violation of this Chapter, the City shall seek cost recovery through the following: A. Any person who unlawfully removes, destroys or damages an Approved Street Tree or Heritage Tree shall pay a civil penalty equal to twice the amount of the appraised value of the tree. A city-selected Qualified Tree Professional 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. B. Any person violating any portion of this chapter that results in the loss of a Approved Street Tree or Heritage Tree shall be required to replace said tree with a new tree and/or additional plantings of the same species. The Public Works Director shall determine the size and location of replacement tree(s). The Public Works Director may refer to the recommendation of a Qualified Tree Professional. 7.56.120 Abatement Procedure. A. Notification of Nuisance. 1. Whenever the Public Works Director or his or her designee determines that any property within the City is being maintained contrary to one or more of the provisions of this Chapter, he or she will give written notice ("Notice to Abate") to the owner/occupant(s) of said property stating the section(s) being violated. 2. Such notice shall set forth a reasonable time limit, in no event less than or equal to thirty (30) calendar days, for correcting the violation(s), and may also set forth suggested methods of correcting the same unless the Public Works Director determines that the condition constitutes a threat to the health and safety of any person, in which event, the Public Works Director may designate a shorter time limit for correcting the violation. 3. The notice shall inform the owner/occupant of City programs that provide fiscal assistance to very low and low income persons for the repair and rehabilitation of residential property. B. Exception for Undue Hardship. The notice shall inform the owner/occupant, excluding an owner acting as landlord of rental property, that upon written request of the owner/occupant submitted within seven (7) calendar days of the "Notice to Abate", the Public Works Director, in his or her sole discretion, may allow for a time limit in excess of thirty (30) days for correcting the violation in cases where strict enforcement of the time limit would result in an undue hardship on the owner/occupant. In the written request, the owner/occupant shall state the reasons why strict enforcement of the time limit would result in an undue hardship. C. Administrative Hearing to Abate Nuisance. In the event said owner/occupant shall fail, neglect or refuse to comply with the "Notice to Abate," the Public Works Director shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance. Page 6 of 7 D. Notice of Hearing 1. Notice shall include the property address, parcel number, a description of the City's finding of a public nuisance describing the alleged conditions of the public nuisance, methods for abatement, and date of the hearing. 2. Notice of said administrative hearing shall be served upon the owner/occupant not less than seven (7) calendar days before the time fixed for the hearing. 3. Notice of the hearing shall be served in person or by certified mail to the owner/occupant's last known address. 4. Service shall be deemed complete at the time notice is personally served or deposited in the mail. 5. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other P ersons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least 9 Y Y P three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 18th day of February, 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: at/1/0 P,c4- City Clerk Ord No.3-14,Adopted 2-18-14, Item 4.5 Page 7 of 7