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HomeMy WebLinkAboutItem 7.1 HeritageTree Ord (2) CITY CLERK FILE # 530-80 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 7, 1999 SUBJECT: Draft Heritage Tree Ordinance (Report Prepared by: Anne Kinney, Assistant Planner) ATTACHMENTS: Draft Heritage Tree Ordinance Minutes from City Council meeting of july 20, 1999 City Council Staff Report, dated July 20, 1999 with 'Tree Preservation Comparison Survey' attached RECOMMENDATION: 1. 2. Hear Staff Presentation Deliberate Provide direction to Staff on the coment of the Final Heritage Tree Ordinance FINANCIAL STATEMENT: Undetermined at this time. The adoption of a Heritage Tree removal program for private residential lots not associated with development, may have financial impacts to the City's budget due to administrative costs of issuing permits and enforcement. INTRODUCTION: At the City Council meeting on July 20, 1999 the City Council reviewed the 'Tree Preservation Comparison Survey' (Refer to Attachment 3) and directed staff to begin preparation of a Heritage Tree Ordinance (Refer to Attachment 2: Minutes from July 20, 1999 City Council meeting). The purpose of this meeting is to present the Draft Heritage Tree Ordinance to the City Council for discussion and comment. On direction of City Council, staff wilt finalize the Draft Ordinance and bring it back to City Council at a public hearfi'ng for further consideration and adoption. ANALYSIS: The Draft Ordinance identifies the species and size of trees that are considered to be Heritage Trees. The ordinance establishes a procedure. for reviewing andissuing Heritage Tree removal permits and for the protection of Heritage Trees during construction. In addition, the ordinance identifies civil penalties for violations of the ordinance. Staff requests that the City Council review the Draft Ordinance and provide comment and direction to staff on the following issues: , G:\planning~heritagetrees\ccsrsep7 COPIES TO: In-house distribution ITEM NO. 7-/ Section 5.60.30 Applicability' Currently the ZOning ordinance protects bay, cypress, maple, oak, redwood and sycamore trees (24 inches in diameter, measured at 4' 6" above grade) located on non-residentially zoned property. _, This excludes trees located on iesidential property including creek areas and other undeveloped ',,d land within residential subdivisionS. The proposed Draft Ordinance would apply to all property within the City including private property, residential and non-residential zones, developed and undeveloped land. Staff requests the City Council provide direction to staff regarding the applicability of the Heritage Tree Ordinance and if it should include or exclude single-family residential lots. At this time a survey has not been conducted to determine the number of Heritage Trees within the City that occur on private residential Iots2 The adoption of a Heritage Tree removal pro~am applicable to single-family lots may have fmancial impacts to the City's budget. Increased costs may be associated with staff time devoted to issuing tree permits and enforcement. Section 5.60.40 (a) Staff proposes to include "'Buckeye" within the category of Heritage Trees. Buckeye trees are native to the tri-valley area and have been found in surrounding communities. Staff requests that the City Council provide direction to staff on whether Buckeye trees should be included as a Heritage Tree. Section 5.60.60 (c) Staff requests that the City Council review the criteria by which a Heritage Tree removal permit may be issued and provide comment to staff. Section 5.60.300 The penalty for damaging or removing a tree would involve the paymere of a fee in the amount of the value of the lost tree and a requirement to replace said tree with a new tree of the same species. Staff requests that the City Council review the 'Violation - Penalty' section of the Draft Ordinance and provide comment to staff. " RECOMMENDATION: Staff recommends that the City Council review the attached 'Draft Heritage Tree Ordinance, deliberate ind provide direction to staff on the proposed content of the Final Ordinance. DRAFT Sections: 5.60.10 5.60.20 5.60.30 5.60.40 5.60.50 5.60.60 5.60.70 5.60.80 5.60.90 5.60.100 5.60.110 5.60.120 Chapter 5.60 HERITAGE TREES Title Purpose & Intent Applicability Definitions Tree Removal Permit Required Tree Removal Permit Procedure Appeals Protection during construction. Protection plan required prior to issuance of permit Applicant to guarantee protection - security deposit Public Utilities Violation - Penalty 5.60.10 Title This Chapter shall be known as '~he Heritage Tree Ordinance" 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 and the risk &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 a procedure for controlling the removal and protection 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. 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. Does the City Council wish to include/exclude single-family residential lots ??? 5.60.40 Definitions The following words and phrases, whenever used in this chapter, shall be as construed as defined in this Chapter: "Director" means the Community Development Director or his/her designee. ATTACHMENT DRAFi ,,2. 5.60.50 "Heritage Tree" Heritage Tree shall include any of the following: (a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a truck or main stem of 24 inches or more in diameter measured at 4 feet 6 inches above natural grade; 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; (d) A memorial tree; (e) Tree of historical significance as determined by the Director or the City Council; (f) A rare example. of a species native to the area as determined by the Director; (g) An exceptional specimen in regard to size, age, health, location or visual prominence or special value to the community as determined by the Director. "Memorial Tree" A memorial tree is a tree planted on public property to commemorate an individual or group. Tree Removal Permit Required (a) No person may destroy or remove or cause to be removed any Heritage.. Tree from any property within the City of Dublin without obtaining a permit from the Director. (b) Exceptions A permit is not required for the following: (1) If the condition of a Heritage Tree presents an immediate hazard to life or property, it may be removed with the approval of the Director, City Engineer, Police Chief, Fire Chief or their designee. (2) A tree(s) whose removal was specifically approved as part of a City approved development plan, zoning permit, use permit, site development review or subdivision map. (3) Normal maintenance priming of Heritage Trees shall not require a permit but shall in all cases be in cortformance with the guidelines of the International Society of Aboriculmre, Tree Pruning Guidelines, current edition, on file in the City Clerk's Office. 2 DRAFT 5.60.60 (c) Tree(s) removal requested as part of the development of a property subject to zoning, subdivision, use permit, or site development review application approval shall be reviewed and approved by the body having final authority over the entitlement application. 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 Heritage 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(s) removal requested in conjunction with an application for other 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. (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 of the 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. 5.60.70 5.60.80 5.60.90 DRAFT' (d) The Director shall render a decision regarding the permit within ten (l 0) working days after the receipt of a complete application. (e) If an application to remove a Heritage Tree is being requested in conjunction with another development entitlement, than 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 Section 5.60.60 (c) of this chapter. (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. 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 mount 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. Protection during construction. 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. 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 be prepared and signed by a certified arborist and approved by the Director. The Director may refer 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 arborist be present on the project site during grading or other construction activity that may impact the health of the tree(s) to be preserved. DRAFT 5.60.100 5.60.110 5.60.120 (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 arbofist 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 do so may result in the issuance of a stop work order. (4) The Director may waive the requirement for a tree protection plan if it is determined that the grading or construction activity is minor in nature and that the proposed activity will not significantly modify the ground area within the drip-line or the area immediately surrounding the drip-line of the tree(s). (a) (b) Applicant to guarantee protection - security deposit The applicant shall guarantee the protection of the existing tree(s) on the site not approved for removal through pla. cement 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. 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 thatthe 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. 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. Violation - Penalty (a) Any person who unlawfully removes, destroys or damages a Heritage Tree shall pay a civil penalty in the amount of the appraised value of the tree. A city-selected arborist shall estimate the replacement value of the loss tree(s) in accordance with industry standards. The fee for the appraisal shall be added to the penalty established by the appraisal. Co) 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. HERITAGE TREE REPORT 1I:15 p.m. 8.2 (530-80) Assistant Planer Anne Kinney presented the Staff Report which reviewed Tree Preservation Ordinances of surrounding cities. The Dublin downtown area consists of a number of significant mature native trees including oaks, walnuts, cypress and redwoods. Trees located on non-msiden~ally zoned property are offered limited protection under the Zoning Ordinance. Approval to remove these trees may be granted ff it is determined that the tree is in poor health and not likely to survive, if the trees constitute a high fire hazard or a threat to persons, structures or property; or ff they impede public works projects. At this time, there is no City policy which addresses the ongoing maintenance of heritage trees or the protection of trees during construction. Ms. Kinney stated Staff requested that the City Council provide direction to Staff on the preparation of a future City Tree Preservation Ordinance. Cm. McCormick stated she would like to fill in the blanks in Dublin, utilizing the format contained in the ageride report. She stated she would not support having a citizen gror involved. They've listed the protected species. ~,~ Mayor Houston questioned if usually the circumference or height are more important? Ms. Kinney' stated we wouldn't want someone to get around the ordinance. The height doesn't seem to be as important as the diameter. It's better to look at diameter, Cm. McCormick stated she liked the idea that a tree is to ~ plated as part of when a removal of a tree occurs. Yes on next one, tryto save memorial tree. Tree of historical designation yes. Size of tree is determining factor. Ms. Kinney stated there was no formal survey done. Mayor Houston clarified that ff they are not native to our area, they're not protected. An exceptional sly~cimen... put yes. Is a permit required to protect a tree - we should say yes. Who approves tree removal permit? Right now the Community Development Director and under a Site DeVelOpment Review. CITY COUNCIL IvEL'~'UTES VOLUM2E 18 REGLTL&R MEETING juiy 20, 1999 PAGE 435 A'FI' AOHMEIqT /Ms. Lowart stated our park maintenance function is under Public Works. We could say Community Development Director or des/g-nee or in consultation with the Public Works Director. Public hearing required - no. May be appealed to City Council. Mayor Houston questioned if it should be appealed to the Hanning Commission and then to City Council. A consensus was no, just the Ciiy Council. Does the Ordinance cover any of the following: pruning and maintenance - first one no. Protection during construction/development- yes. Preservation and maintenance of existing trees - this links with pruning and maintenance. Overhead Wires - yes. Ms. Kinney explained that the next step will be for this to come back in the form of a draft ordinance, OTHER BUSINESS · w2~ Concert (950~40) ' i~i 1I:29 p.m. . . / Ms, Lo everyone of the concert Friday night 7 p~m. atj~h~ Cc Center, It will be a contempora~tues band.. '~ /// '/ unbilmember Cm. McCormick reported that she j~ d from a trip to Laptad and to the Arctic Circle .and that she saw S.anta. She h~h.ack and distributed some ~fts for her fellow e in Yin CITY COUNC3L M2L'N'121TES VOLUM~ 18 KEGUL4~/VIt;,ETENG juiy 20, 1999 PAGE 436 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 1999 SUBJECT: Heritage Tree Report (Report Prepardd by: Anne Kinme),, Assistant Planner) ATTACI-IMEh~i'S: 1. Tree Preservation Ordinance Comparison Study RECOI~I]VIENDATION: I. Hear Staff Presentation Deliberate Provide direction to Staff on the preparation of a future City Tree Preservation Ordinance FIZNANCLAL STATEMENT: None DESCRIPTION: At the request of the City Council, staff has reviewed five Tree Preservation Ordinances from surrounding cities including DanVille, San Ramon, Livermore, Pleasanton and Walnut Creel The review identified each ciry's process for preserving trees on private property, criteria used to select trees for protection (such as size, species type, heig. ht, location, historical significance, visual prominence or special value to the community,), definition of protected trees, the tree removal process and other elements to ensure h~tagc Fee protection.' A_NALYSIS: The Dublin do~,nto~x:n area consists of a number of significant mature native Fees including oaks, walnuts, cj?ress Fees and redwoods. Examples include the folioKing: -. - two marare oaks are located on the northeast comer of Dubtin Boulevard and San Ramon Road to the rear of the existing Chewon Station. - a 48" diameter walnui exists to the rear of the Shamrock Village Shopping center adjacent to the new residential development on Starward Drive. - A number of c)?ress trees exist adjacent to San Ramon Road in fi'ont of Petco. _ A marine redwood exists adjacent to Petsman on the east side of Amador Plaza Road. Eucal)?ms trees even though they are non-native can be visually significant such as the stand along San Ramon Road to the rear of the Automatic Rain Company. Trees located on non-residentialty zoned propert), are offered limited protection under the Zoning OrciiJlance. A?2orovsd To remove these Fees may be ~anted flit is determined that the tree is in poor health and no~ likely to sm'-vivc (A.rbofist report is required), if the trees constitute a higda fire hazard or a threat m persons, swattares or propS; or, if they impede public works projects. G:\ptanning\heritag~-trees\:=r COPES TO: In-house distribution ITEM NO. __~ At this time there is no City policy which addresses the on going maintenance of heritage trees or the protection of trees ,during construction. Many sLamificant trees exist on residentially zoned property and are 'not currently protected from removal or destruction. Existing creeks within Dublin such as Martin Canyon Creek Alamo Creek and Tassajara Creek (north of the Santa Rita Property) consist of a variety of oaks, California bay, willow and sycamore trees. RECOM21ViENDATION: Staff recommends that the City Council review the attached 'Tree Preservation Ordinance Comparison Survey', deliberate and provide direction to staff on the preparation of a future City Tree Preservation Ordinance. Jrl'Y OF DUBI,IN - 'l'ltElij I'ItESERVATIrON ORDINANCE CQIHPAIUScON STUDY IW, F, I'IW, SF, RYATIDN ItDINANCI';'/ ~TIIEi(I~ A UI'I'IZEIq tiltfOUl' 4VfOLYED IN SIrA,Ir~CI'IUN UF NCES'i'RAL I ilEItI'i'AGI?~ TREES? Ih'~NN'ILI,E SAN itAhlt)N IAN'I';I{MUItF, WAbNUT CREEK ' Ye~ Yes Yes Yes DW js A I'RfOTECTF, i~ TJtlr-Ir- ~lrlNl,;D: :IZU (SINGLE-S1EMAIED 1REEl 'IZE (MULII.SfEMMED I'I{EE) 'I{OI'ECTEI) 51'ECIES i~lGIll' I{EE OF AN }' SIZE I'AI( r OIr A 'IIOVE ~ 1REESllOWN 1'0 BE I~I{I';SL;RVEt) W AN AI~PROVED DEVELOPMENI' LAN OR REQUIRED TO lIE EI~INED AS A COA ~ 1RE'E hE~UliiED TO HE PI,4IVI'ED S A REPLA CE~ IEIVF FOR A IV INLA WFULLI' REMOVED I'I~EE 24" dlnlnclcr, I|lea,quled at 4'6" above natural gl r~de bay, cypress, maple, oak, lethvoud, S)'clllllt, lll: 10" diameter, measured lit Y above nnlninl grade native Bees ~uak, white alder, Cnliforltia bay & Syclllllllre, Illadrtllle, coast tedwood) 'Yes Yes 39" diameter ~nny rice), 15"' (oak), lneasurcd at 4'6" above natural grade dO" diameter (any treel, 20" (nak), measured at 4'6" above natural grade n.y Irees n.d oaks Yes Yes Yes Bh~ Livermore Beautilication Conlnliltee designates ancestral trees to be protected under this ordinance. A property owner can appeal Ibe decision Io designate a Irce on his/her property as a ancestral Ircc t~ lhe City C~uncil) Any Ilees Yes (the Action [or Beauty Colmnittee selects Herilage Trees whbin the City. This is a separate process to the protection of aces under the Tree P~eservation Ordinance) 2g" dielacier, Ineasured at 4'6" above natural grade 40" diameter, measured at 4'6" above natural grade oak, madtone, buckeye, black wninut, locust I'LEAS/',NTON Yes 55" didmeier, measured at 4'6" above ground level 55" diameter (two largest trunks), measured at 4 '6" above ground level Any trees (except fruit and l|ut trees when part of a conuuetcial orchard) Any tree 35 [cct or niobe in height . :ITY OF DUBLIN - TItEE I'RESEItVATION OI61)INANCE COh'II'ARISON STUD]( MEMORDIL 71{EE 'REE (}It 1113TOlilCAt. SIGNIFIC/INCE )ESIGNA TED 111' UI:Irl CIA L A Cl iON 5DINI) OF IIIEES D~'I~ENDENI' ]PON EACII OILIER FOR SURVIVAL }R IltE AREA '8 NA TUIM L BEAU IT RARE EXAMPLE OF A SPECIES 4A11VE TO 111E AlIEA 1N EXCEI'llONAL SPECIMEN IN eEGARD 7'0 SIZE, AGE. IIEALI'II. .OC/I?ION OR VISUAL PROMINENCE )R SPECIAL VALUE TO COMMUNITF A i'ERMIT Itir, i/UIRIr-i} TO ,;S'I'ItOY UP, iti~MOVI.; A tO'I'EC'I'ED TREE? ii0 Ai'I'iIO VES A TIIEE ZMOVAL A PUBLIC IIEARING IRIiI!,IN DANVIIA,E SAN ItAhltlN Yes Yes No (subject to npI. uval Yes (subject of Cummunily cxccl~tlo,s) Development I)hectur ~equhes sublnill,I uf mbutlst ~cputl}* Iqa,,if:g Dcpatlnuent No I,IVEIIMOIIi~, Yes :) WIIOM CAN A DECISION IIF, 'I,EALIr, D7 O1~ TIlE OiIDINANCIr, COVER N1' fOF TIlE IrOLLOWINC,; 'RUfFled AND tiIAINI'ENANCE bROI'ECI'ION OF 1'REES DURING 70NSI'RUCIION / DEVELOI't~IEN1' I'C a.d 'I'C 'l'e5 Yes (subject to exceptions.} Yes PIn,nh~g Services/viaringer or desiguee Yes Department of Pa~ks & Trees Beaulilicatiun Conunittee WALNUI' CitEEli Yes Yes Yes (a permit is required to remove arty tree} Public Services Director or designee Design Review Committee Yes I'LEASAN'I't)N Yes Yes Yes Yes Yes (subject to exccptiuns) Director of Public Works & Utilities or dcs~nee Yes, where the app{icant appllcs to ternave a tree on the grounds that it has a significant impact on the property, the Director shall ,conduct a public hearin~ tleritage Tre~ Board of .Appeals and/or CC Yes Yes CH'Y OF DUIII-,IN -TItEE I'RESEItVATION ORDINANCE COMI'ARISON STUDY PRESL;RVA 'HON AND MAINTENANCE OF EXISTING TREES - AN}' PUBLIC U'I1LI1T INST~4LHNG OR MAINI;41NING 0 VERIIEAD IVIRES, UNDERGROUND PIPES OR CONDUITS IN TIlE VICINIIT OFA IIERITAGE TREE REQUIRES PERMISSION FROM TIlE DIRECIOR PROIR TO I'ERFORMING ANY WORK IIUilI,IN IIANVILLE SAN RAMON LIVEit, MOIrE WALNUT CREEK Yes I'LEASANTON Yes Yes " Uader Seelion 8.72.06{,1 'l'~ce l~,emoval/Rclflacemcnl. Dublin Zoning O, dimmce, Ihe removal of the majority of Irecs in a imrking area (residential or cmnmcrcial} requires Site Development Review approval ** If a t~ce lemo,.'al peruill is being requested as pail of a linger development project, Ibe tree permit shall be consideied by the decision-making body approving the whole project *** F. xcept. when a lree lemoval perufit is requested as part tff a larger developmeal project, Ibe I~ee permit shall be considered at the public bearing for the whole project