HomeMy WebLinkAboutItem 6.3 HeritageTreeOrdAmend (2)
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CITY CLERK
File # [J3J[jJraJ-[8J[Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 7, 1999
SUBJECT: .
ATTACHMENT:
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RECOMMkNDATION: 1:
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PUBLIC HEARING P A 99-045: Amendment to the Dublin
Municipal Code, Title 5 to add Chapter 5.60 Heritage Tree
Ordinance
(Report Prepared by": . Anne Kinney, Assistant Planner)
City Council Staff Report, dated November 16, 1999, with
the following Attachments:
-,. Ordinance adding Chapter 5.60 Heritage Tree
Ordinance to the Dublin Municipal Code, Title 5
:- . Staff Report and Minutes from September 7, 1999 City
Council meeting
.... Staff Report andMinutes from July 20, 1999 City
Council meeting
1.
Open public hearing and hear staff presentation
Take testimony from the public
Question staff and the public
Close public hearing and deliberate
Waive reading and introduce an Ordinance adding Chapter
5.60 Heritage Tree Ordinance (Attachment 1 of Staff Report
dated November 16, 1999) to the Dublin Municipal Code,
Title 5
Schedule the second"reading of the Ordinance for the
December 21, 1999 City Council meeting
FINANCIAL STATEMENT:
Undetermined at this time. The adoption of a Heritage Tree removal program applicable to private
residential lots not associated with development may liavefinancial impacts to the City's budget due to
administrative costs of issuing permits and enforcement.
BACKGROUND:
,At the City Council meeting on November 16, 1999the City Council considered the Final Heritage Tree
Ordinai1ce(R.-~ferto AttachIrient 1 ofStafff{eportdatedNovember 16,1999). TheCity Council alSQ
discussed two altemativespresented by staff to notify residents about the proposed ordinance. Option # 1
recoIl1IIlended the preparationofa City pamphlet which would identify ~e size and species of trees to be
protected.(what they are and. what they look like) and would describe.thetree removal permit process, was
the preferred option: The-paUiphlet-~ould be mailed to all households as an insert mthe Parks and
Recreational Activity Guide. Refer to Staff Report dated November 16, 1999.
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COPIES TO:
G:\planning\pa99-045\ccsrdec7
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Ona 2-1 vote, with Mayor Houston and Council Member Zika being absent, the Heritage Tree Ordinance
failed for..a lack ofa quorum. The Ordinance was continued to the December 7, 1999 City Council
meeting for re-consideration. .,..I"
ANALYSIS:
The Heritage Tree Ordinance identifies the species and size of trees that are considered to be Heritage
Trees. The ordinance establishes a procedure for reviewing and issuing 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. Refer to attached Staff Report dated November-16, 1999 for a
more detailed discussion of the Ordinance.
RECOMMENDATION:
Staff recommends that the City Council review the Heritage Tree Ordinance (Attachment 1 of Staff
Report dated November 16, '1999), open the public hearing, deliberate and
1. Introduce the ordinance adding Chapter 5.60 Heritage Tree Ordinance (Attachment 1 of Staff Report
dated November 16, 1999) to the Dublin Municipal Code, Title 5;
2. Schedule the second reading of the Ordinance for the December 21, 1999 City Council meeting and;
3. Provide direction to staff, if any on the preparation of a tree information pamphlet or questionnaire as
described in the Staff Report dated November 16, 1999.
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CITY CLERK
File # DBJ[3]!Q]-[8]fi]
-:~ AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 16, 199.9
SUBJECT: PUBLIC HEARING P A 99-045: Amendment to the Dublin
Municipal Code, Title 5 to add Chapter 5.60 Heritage Tree
Ordinance
(Report Prepared by: Anne Kinney) Assistant Planner)
ATTACHMEI\TS:
RECOMMEl\:l)ATION: 1.
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4.
5.
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1. - Ordmance adding Chapter 5.60 Heritage Tree OrdInance to
the Dublin Municipal Code, Title 5
2. Staff Report and Minutes from September 7~ 1999
City Council meeting.
3. Staff Report and Minutes from July 20, 1999
City Council meeting.
6.
Open public hearing and hear staff presentation
Take testimony from the public
. Question staffandthe public
Close public hearing and deliberate
Waive reading and intr9duce an Ordinance adding Chapter
5.60 Heritage Tree Ordinance (Attachment 1) to the Dublin
Municipal Code, Title 5 '_
S~hedule the second reading of the Ordinance for the
December 7,1999 City Council meeting.
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FINANC!AL'STATE1\fENr: --- "" -. _u., -----.-----.- 'H_ - __'n. ..
Undetermined at this time. The adoption of a Heritage Tree removal program applicable to private
residential lots not associated with development, mayhave financialjmpacts to the.City's.b.udget due to.
administrative costs of issuing permits and enforcement.
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Th'TRODUCTION: .
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At the City Council meeting on September 7, 1999 the City Council reviewed the Draft Heritage Tree
: . . Ordinance and directed staff to prepare a Final Ordinance (Refer to Attachment 2: Minutes from .
September 7, 1999 City Council meeting). . The purpose of this meeting is to present the Final Heritage
. Tree Ordinance to theCity Council for conSideration and adoption.., . __ _.... _:.. _ _0:"': ~. _, __ ~~. _":":"",=~., _-'_
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'A.1'lAL YSIS:
The proposed Ordinance includes the following:
1. The proposed Heritage Tree Ordinance identifies the spe~ies and size of trees that are co.nsidered to be
Heritage Trees. The list includes Oak, Bay~ Cypress, Maple~ Redwood, Buckeye and Sycamore trees
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COPIES TO:
In-house di:
G:\planning\pa99-045\ccsrnov16
ATTACHMENT 1
with a trunk circumference of at least 24 inches measured at 4 feet 6 inches above the ground."
2. The ordinance \\'ould apply to all Heritage Trees located on private and public property within the City
inc1u?~ng single-family lots.
3. The ordinance establishes a procedure for reviewing and issuing Heritage Tree removal permits. The ..."""
proposed regulations include exceptions such as, a tree that presents an immediate danger to life or
property may be removed without a permit, but requires approval from the Community Development
Director; City Engineer, Fire Chief, Police Chief or their designee. The ordinance establishes criteria
by which a Heritage Tree removal permit may be issued. This criterion is outlined in Section 5.60.60
(c) of the proposed ,ordinance (Refer to Attachment I).
4. The ordinance establishes a procedure for the protection of Heritage Trees during construction.
Developers would be required to prepare a protection plan for existing trees during grading and
construction. The proposed regulations also require the developer to guarantee the protection of
existing trees through placement of a cash bond or other security deposit.
5. Finally, the ordinance estabiishes ci~i1 penalties for damaging or removing a tree without obtaining a
permit. The penalty would involve the payment of a fee in the amount of the value of the lost tree and
a requirement to replace the lost tree with a new tree of the same species.
At the September 7,1999 City Council' meeting, the City Council expressed concerns about adopting a
Heritage Tree Ordinance applicable to single.~family lots without a survey being conducted to determine
the number of Heritage Trees ~nresiden~aI property and how residents would be notified about the
proposed ordinance. IIi response to these concerns, staff proposes the following:
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1. A City p~phlet .could be prepared which identifies the Heritage Trees to be protected - what they are
and what they loo~ like:' Also~ the procedliie to obtain a removal permit could be outlined. This
pamphlet could be included as an insert m the" Parks and Recreational Activity Guide which is mailed
to all City households. The next issue of the Parks and Recreational Activity Guide is due in Spring .
2000. The cost of preparing this p~ph1et has not been estimated.,
. 2.- Alternatively, a questionnaire c~uld be prepared and printed in the Parks and Recreation Activity
Guide. The questionnaire would ask residents to identify what type and size of trees eXist on their
u'_' property and return the questionnaire to City Hall. The cost of preparing this survey (including return.
postage) h~ not been estimated.
RECOMMENDATION:
Staff recomme;ciS that the City Council re~iew the Heritaae Tree Ordinance (Attachment 1), open_the
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public hearing, deliberate and - '.
1. . Introduce tbeordinance adding Chapter 5.60 Heritage Tree Ordinance (Attachmentl) to the Dublin
Municipal Code, Title 5;
2. . S?hedulethe ~e,?o;d reacIfu.g ofth~ Ordin~c~ fo~ the December 7, i999 City Council meeting and;
3~Provide direction to staff, if any on the preparation of a tree information pamphlet or questionnaire as
described above. . .
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ORDINANCE NO. - 99
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING CHAPTER 5.60 TO THE DUBLIN MUNICIPAL CODE
ESTABLISHING A HERITAGE TREE ORDINANCE
THE CI1Y COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 5.60 is added to the Dublin Municipal Code 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
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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 orderto 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. 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.
Sec!ion 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
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The following words and phrases, whenever used in this chapter, shall be as construed as defined
in this chapter: c .._.
.'.CitY' means the City of Dublin. .
'.Certified or consulting arborist'" means as arborist who is registered with the International
- Society ofArboricultur~ and approve9.by the Director. ..
"Development" means any improvement of real property which requires the approval of zoning,
subdivision, conditional use permit or site development review permits. .
..Director" means the Community Development Director or hislher designee.
'.Heritage Tree" means any of the following: ---
(a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a
trunk or main stem of24 inches or more in diameter measured' at 4 feet 6 inches
above natural grade; . . - . om -- - . - --.-
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(b) A tree required to be preserved as part of an approved development plan, zoning
permit, use permit, site development review or subdivision map;
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(c) A tree required to be planted as a replacement for an unlawfully removed tree; and
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Section 5.60.50 - 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 ofa 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 ofa City approved
development plan, zoning permit, conditional use permit, site development review
or subdivision map.
(3) Normal maintenance pruning of Heritage Trees shall not require a permit but shall
in all cases be in conformance with the guidelines of the International Society of
Aboriculture, Tree Pruning Guidelines, current edition, on file in the Community
Development Department.
(c) Tree(s) removal requested as part of the development ofa 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. .
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Section 5.60.60 - Tree Remol'al Permit Procedure
(a)
(b)
Any person wishing to remove one or more Heritage Trees sh~ll apply to the Director for
a permit. The application for a perm'it 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
., requJred; . .:. ~ ,.". . '.' _ _ -'. .
. '4.-:.-. Written consent of the oWner oi"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.
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
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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 Planshall 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
faIling, 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
prope~ .
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. '
(d) The Director shall render a decision regarding the permit within ten (10) working days
after the n~ceipfof a complete applica.tion'.
(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 finai authority over the entitlement application. In deciding
whether to approve a tree removal permit under this subsection, the reviewing body shall
. .' ~:consid~r th.e criteria set forth in Section ?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 (I) or more replacement trees be planted of a designated species, size
and location.'
S~ction _ ~:60.707App~Is.:,_
(b)
(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, shaH 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 3:ccompanied by
an appeal fee in the ainount established by resolu,tion of the City Council.
The City Clerk shall place all such appeals on the agenda of the ne>..1: 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
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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.
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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.
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 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.
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(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.
(3)
Damage to any tree during construction shall be immediatelYj-~ported 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 do so may result in the issuance of a stop work
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(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).' -
Section 5.60.100 - Applicant to guarantee protection - security ~eposit :
The '~pplicant shaH ~arantee 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~dards.',- .'-' : ,- . ~.~-~ -"--' , . - - --." . --'. -, .,
(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.
(a)
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Section 5.60.110 - Public Utilities
Any public utility installing or maintaining any overhead \\lires or underground pipes or conduits
in the vicinity of a Heritage Tree shall obtain permission from the Director before performing any
wor~ which may cause injury to the Heritage Tree.
Section 5.60.120 - 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. '
(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 arbons!.
SECTION 2:
Effective date and posting of Ordinance:
The Ordinance shall take effect and be in force thirty (30) days from and after the date of 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, APPROVED AND ADOPTED this _ th day of
AYES:
, 1999 by the following vote:
NOES:
ABSENT:
ASTAIN:
Mayor
ATTEST:'
City Clerk
G\99-045\ORDNA..'NC".t:..DOC
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C I T Y-_ __ _ _ _ _ .~ _
File it [J[l][3][Q]-fl1@J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 7, 1999
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SUBJECT:
DI'aJ..tt Heritage Tree Ordinance
(Report Prepared by: Anne Kinney, .A.ssistant Planner)
A TTACF.lJ\1EI\TS:
1.
2.
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
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RECOM1\1E!\'"1>ATION:
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1.
2.
Hear Staff Presentation
Deliberate
Provide direction to Staff on the content of the Final Heritage
Tree Ordinance
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FINA...NCL4..L STATEMENT:
Undetermined at this time. The adoption of a Heritage Tree removal program for private residentiallot5
not associated ",'ith development, may have financial impacts to the City's budget due to administrative
costs of issuing permits and enforcement.
Th"TRODUCTION:
At the City Council meeting on July 20, 19~9 the City Council reviewed the 'Tree Preservation
Comparison Survey' (Refer to Attachment 3) and directed st2:f:fto begin preparation of a Heritage Tree
.or~ce ~efer to ~~~chment 2: Minutes from July 20, 1 ~~9 City C_ouncil_m~ering).
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Tne purpose of this meeting is to present the Draft Heritage Tree Ordinance to the City Council ~or
discussion and comment. On direction of City Council, staff -will fmalize the Draft Ordinance and bring it
back to City Council at a public hearing for fu.-ther consideration and adoption.
A..NALYSIS:
Tne Draft Ordinance identifies the species and size of trees that are considered to be Heritage Trees. The
ordinance es+..ablishes a procedure for reviewing and issuing Heritage Tree removal permits and for the
prote...'1:ion of Heritage Trees during construction. In addition, the ordinance identifies civil penalties for
violations of the ordinance.
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Staff requests that tbeCity Council'review the Draft Ordinance and provide cOII11:D.~nt and direction to
sr~ff on the following issues:
COPIES TO:
In-house distribution
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G:\planning\h eri+..agetrees\c:c:srsep 7
1. 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 residential property including creek areas and other undeveloped
land -within residential subdivisions. The proposed DTaJ.1: Ordina.T1ce 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 ifit should include or exclude single-family
residenriallots.
At this time a survey has not been conducted to determine the number of Heritage Trees 'within the
City that occur on private residential lots. The adoption of a Heritage Tree removal program
applicable to single-family lots may have financial impacts to the City's budget. Increased costs
may be associated with staff time devoted to issuing tree permits and enforcement.
2. Section 5.60.40 (a)
S~ff proposes to include "Buckeye" within the category of Heritage Trees. 'Buckeye trees are
native to the tri-valley area and have been found in Slli"Tounding communities. St2f.i requestS t.lJat
the City Council provide direction to Staff on whether Buckeye trees should be included as a
Heritage Tree.
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Section 5.60.60 (c)
St2. ;-; requests that the City Council review the criteria by which a Heritage Tree removal permit
may be issued and provide comment to staff.
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4. Section 5.60.300
Tne penalty for dam~cring or removing a tree would involve the payment of a fee in the amount of
the value of the lost tree and a requiTemeni 'to replace said tree v..ith a new tree of the same species.
Sta:f requests that the City Council review the 'Violation - Penalty' section of the Draft Ordinance
and provide comment to s"L4ff.
RECOM:ME:N"DATION:
Staff recommends that the City Council review the attached 'Draft Heritage Tree Ordinance, deliberate
and provide direction to staff on the proposed content of the Final Ordinance.
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ayor Houston closed the public hearing.
.Mr. Th son explained that Staff has discussed these things with Mr. Dill1a
first street 1 0 close to the intersection we cannot allow a V-turn or left
turn could pas . ly be allowed further down and this will be looked a e possibility of
having a street co in further down, they originally talked about street going all the
way through, but he 1 't want it breaking up his site. \Ve Ie" It so you could turn in
and out of the center. He . I only have to build 20~ in fro of his property. He will get
fair market value for the prop
EST ABLISHING
T ASSAJARA R (FROM NORTH OF 1-580 TO E NORTHERLY
BOUNDARY OF BLIN RANCH TRACT 6962 - NEIGHS HOOD M-1) AND
, FOR PO - ONS OF DUBLIN BOULEVARD, GLEASON D VE, AND
C TRAL PARKWAY (FROM TASSAJARA ROAD TO ~
~ERL Y BOUNDARY OF DUBLIN RANCH AREAS F, G, ANIN4t
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"'DAAIT HERITAGE TREE ORDINANCE --
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(530-80)
. Assistant Planner Anne Kinney presented the Staff Revort and advised that the purpose of
this item is for the Coundl"to -provide' direction to Srn:.lf in order that a finalized Draft .
Ordinance may be brought back to the Council at a future public hearing for
.' consideration and adoption.
, Chapt~r 5.60, Heri:tag~ Trees, will be added to the Dublin l\1.unicipal Code, with Sections
as follows: ". '-'-' ---
5.60.10 Title
. . 5.60.20 Purpose & Int~nt
5.60.30 Applicability.
5.60040 Definitions
. ~60.50 Tree Removal Permit Required
':/ ~0.60c:::::::'c: Tree Removal Permit Procedure;..,:, -". ,
CITY COUNCIL MJ]\TUTES
VOLUME 18
REGULAR MEETING
September 7, 1999
PAGE 483
5.60.70
5.60.80
5.60.90
5.60.100
5.60.110
5.60.120
A ppo....als
Protection during construction
Protection plan required prior to issuance of pennit
Applicant to guarantee protection - security deposit
Public Utilities
Violation - Penalty .
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.M.s. Kinney stated Staff was seeking direction on several issues.
1. Applicability of the Heritage Tree Ordinance and if it should include or exclude
single-family residential lots.
2. Should Buckeye trees be included as a Heritage Tree?
3. Review criteria by which a Heritage Tree removal permit may be issued and
provide comment.
4. The penalty for damaging or removing a tree would involve the paYlnent 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 requested that the Council comment 011
the "Violation - Penalty" section of the draft ordinance.
Vice Iv1ayor Loc~art referenced the section on penalties and asked for some idea of what
they are talking about dollar 'wise and replacement value. Are we talking $50 or $500 or
$1,000?
1v.is. Kinney responded it depends on the type of tree and how long it has been there. It
could be $20,000 and they decided to go. on the valuation of the tree rather than a set
amount.
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Mayor Houston asked who makes the decision.
. Vice Mayor Lockhart stated she was concerned that people not just take down the tree
and then say sorry.. ,She wants people to check first. .Maybe we need ~ minimum., .
.
City .Manager Ambrose stated the Council needs to determine if it will apply to the entire.
, .. residential community or just new development. .
. em. ~c0rrnick:~int~out-the f~,thaJ-we ~ally ci_o~~t}c~.10W ho~manY!l.~~ve ~~.-~~:,~-:::
are on pnvate p""'op"'rty ~... -,..,' , , '..'. .n -. -'.-
. .&.' """" . ..----.. --'-'--, - - - ---- ~-'. ...-..-_ _.' ___+_ __0. _._-.
l\1ayor Houston asked is there had been any thought to taking ail inventory. -We should
be able to get an inventory and notify people that it might affect; and we should let ..-
people know what trees are applicable.
'.. CITY COUNCIL MlNUTES-' -
.- . -. - -'.
VOLUME 18 '
REGlJL..1,.R MEETING
September 7, 1999
PAGE 484
:~
'me Zika asked if we could just avoid this by excluding single family units.
Cm. McCormick expressed disagreement and stated she felt it should apply to all if we
are taking this seriously.
Mayor Houston felt this would not be that applicable to much of the City.
Cm. Zika asked v{hat happens in the older areas if people did not know. He stated he
doesn't want to pass a law until he knows the impacts.
A1ayor Houston asked about the timing of doing an inventory.
Ivrr. Ambrose stated there are about 4,000 to 5,000 lots that are about 40 years old and
this is where Staff 'would focus initially.
Cln. l\1cConnick s-~ted she felt there was nothing .wrong with giving a grace period to
people.
Cm. Zika stated he felt if we have a bunch, it 'would be up to the citizens to come down
,...~d address this.
-'A1ayor Houston stated he felt this is philosophical as to whether they want this to apply
to the whole City or not. At Goals & Objectives time, the City Council would detennine if
, _this is a low,. medium or high priority.. ILwe h~ye th~ ordinance, it should be for the
whole City. \Ve either have it or we don't. He stated he did not think this would be
much of an issue and would actually pertain more to the new areas.
Vice .Mayor Lockhart stated she ~greed that it would apply to everybody and should also
include the Buckeve.
'"
Cm. Howard stated she did not feel this is fair that someone would not be able to remove
. . a ~ if they 'wanted to have a pool or remodel, etc.
- -- . - -....
. ,.' -
. Mayor- Houston Sta.ted-hefelt these-types,of tree~_~e lqoked upon as an asset anq.
'amenity::They are wortlialot of-money; sometimes $20,000 is even cheap. He stated he
.is in favor of going Jorward and having the Buckeye included.
-- --., .
~ . ..~, , .
Tom Benigno stated they ~ould always live in a tree and chop their house down. He
asked what other cities have this Ordinance~
.....:..::.-.....
CITY COUNCIL MINUTES
VOLUl\fE 18
REGUL..4.R MEETING
Sop"'o'-bor -/ of OQ9
_. t.._i.'l _, , 1....._
pr.!.:: A.R~
Cm. l\1cConnick stated lots of other cities have this type of Ordinance. Oak is a native to
the area. .~
Mr. Benigno stated there was a case in Tracy where PG&E wanted to cut down an oak
tree. The property owner took them to court and they relocated the road. Sometimes an
oak tree has oak rot.
'.Mayor Houston stated we want to protect certain species of trees such as oak, redwood,
bay cypress, sycamore and they're adding the buckeye. If they die, they are removed.
This is just an effort to try and protect these as an asset and an amenity.
Dave Burton stated he is generally against regulations and we are starting to Iness
around with y~ple's personal property. It may not be worth stirring this pot. SOlne
trees become a nuisance. Saying heritage sounds good. He has an oak tree in his back
yard that's maybe 18". If he wanted to remove it, does this qualify?
Vice Iv1ayor Lockhart responded he should do it before it gets to be 24" in diameter.
Mr. Burton stated again, this gets into private property rights. This is not a rush so the
City Council should take their time to make sure the public understands w'hat they want..
You need to be careful. People consider this their right and their property. VV'hen you've
planted a tree, it's yours. Be careful how you word this.
On motion of em. Iv1cCorrmck, seconded by Vice Mayor Lockhart, and by majority vote,
the Council d.ir=~ted that trees on .single family lots be included in the ordinance, and
also that buckeye trees be added to the list as native trees.
. -Cm. zika- and ern. Howard voted agID!lsi'the motlon~. '_,u
....
~
....,
Y BOULEVARDISTARWARD DRIVE
TY RECOMMENDATIONS-'
. . .8:13 p.m. . 7.2 . (590-
-. - - - -, -'
. Gordon Lurn with 1JKlv1 presente e staff Report' -- - adviSed thai i. h..iffic study of this
. intersection has identified several sho a on 0- tennsafety imp':!:,oveITle!lts t~~t can
-. - ,- ". .- .-, ..,. - _ --. .-_ , . _ C>:.. . ." .,
. ,.- be institut~,~ Many]:>f the- short term i .. ents have already been 'dohe~:' Sli6rt.J~nn ':',-'
,. .. improvements conslstecf of sig!i.m; - striping c .0:65. .. zebra: striping bf the crosswalk
has been delayed pending a Ision as to whether the c walk should remain in place.
~ -.. Staff I""'-..quested that 1J conduct a speed and engineering su y. The survey indicates
that a 30 mph 51:>"" imit would be appropriate. . The current spee . it is 35 mph. If
the City Co wishes to approve a speed limit change, Staff will distribu he.
appI~t . ate public h~g notices and prepare a draft Ordinance for the next
~
CITY COUNCIL M:I1\:lJTES
VOLUME 18
REGULAR:MEETING
September 7, i SSS
o r\ r.::= A s:t::::
r--
AGENDA STATEMENT
CITY COUNCIL MEETING DA Tt:: July 20, 1999
SUBJECT:
Heritage Tree Report
(Report Prepared by:" .A...nne Kinney, ?..sS!sf2nt Planner)
ATTACBME1\'TS:
1.
Tree Preservation Ordinance Comparison Study
REC01\1MEN'"DATION:
/(lv/)-
\.
1.
2.
Hear St2ffPresentation
Deliberate
Pro\~de direction to StEif on the prepa..-ation of a future City
Tree Preservation Ordinance -
.,
.;).
Flli'ANCL!l..,L STATE..ME~'T:
None
DESCRIPTION:
At the request of the City Council, s--..aifhas reviewed five Tree Preservanon Ormnances uom sm:~ounciing
cities inc1urijJlg D-:>-nyille, San Ramon, Livermore, Pleasanton and \'V2lnut Creek. The review identified
each ci1Y~s process for preserving trees on private property~ criteria used to seJe:::t trees for prote:::riop.
(such as S=.ze~ species type, height, location, historical sifTITTICance, visual pron::rinence or special value to
the cOi"ilmunhvl. de-nnltion of Drotected trees the tree removal Drocess and other elements to e:!!Sl!Ie
, "... .. , ...
.. .. . ~
ner:rt:.E!e tree Drotecuoa
- -
_.L~4.LYSIS:
The Dublin dOVi.:ntov.u area consi.::.-ts of a number of si~;ncant maL"1rre narive trees incluc:iing om,
wclnuts. CYDreSS trees and redwoods. ExEmDles include the follo'winf!':
. . -,'-'--- -- -- ---.., ,- - -
' ,- r.vo m:=..., e oa1-..s are located on the northeast comer ofDllbIin Boulevard and Sa:n R.=:8on Road to
the reEr of the existing Chevron Station.
a 48'" di:=-:-:"!eterwalnut exists to the'r::ar of the Shamrock Villa!Ze ShODDing center aci1~ent to the
. - ..... - -'
new resine:nrial development on Sta.-v.-ard Drive.-
A number of cypress trees exist adjacent to San Ramon Road in ~ ant of Pet co.
~ . d. -. '0 . . . - ~ . '0' R-"
-" :::D2.:re re::!,-;'1oo ex!5T.5 aaJacent to ... etsma..-t on the e2St SlOe or .~aaor ... 1222 oaa...
Euc-:oiypns trees even though they are non-native can be visu:lly si~;ficat such as !be S!aDd
along S2!l REmon Road to the rear of the Automatic R :=;n Company.
Trees 10::-a1ed OZl Zl:>~-:residentialiy zoned prop~l}1 are o.uered ii':;"lited prote=rion under the ZO":"1i-;'1g
r-....- "_1 . b d .... .. . d' .... ' .. -
v..(1'~"'''ce. .~?pri:),'~ to remove tnese trees may e grant: !I It 15 aetern:une tn2l. tne tree 15 l!l pOD..
bea1!b Ed n:>t likdy to survive C-~-bDrist report is required)~ nthe trees constitute a nigh. fue h::7~7'd or a
-... - . ...,.. ~ ... '" ~ ~. .. ... . -t
~e2l. to pe:s:>~~. sw-:.!::mres or properry"; or: II they :un.peae PUDDC worKS proJe_[S.
/-
COPIES TO:
In-hOllse d;
....-.... .:.. --.--.....
.~.t tlfi~ .tine !.:.'Je:-e is no City policy which addresses the on going maintenance ofhentage trees or the
protection of trees during const.-uction.
Many signific2!lt trees exist on residentially zo~ed property and are not c~'7ently protected from re!Dov~
or desn:uction. Existing creeks within Dublin such as MarLin Canyon Creek, Alamo Creek and Tassajara
Creek (north of the Santa Rita Property) cor..sist of a vat.~ety of oaks, California bay, willow and sycamore
trees.
RECOMME:Nl)ATION:
S~ffreco:mmends that the City Council review the attached 'Tree PreseI'vation Ordinance Comp2J.-ison
Sll.J.-vey', delib~e and provide direction to ~...aff on the prepat.-ation of a furore City Tree Prese!'\"2.tion
Ordinance.
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HERITAGE TREE REPORT
. .....".
11:15 p.m. 8.2 (530-80)
Assistant Planner Anne Kinney presented the Staff Report which reviewed Tree
Preservation Ordinances of surrounding cities.
The Dublin doV\rntovm area consists of a number of significant mature native trees
including oaks, walnuts, cypress and redwoods. Trees located on non-residentially zoned
property are offered limited protection under the Zoning Ordinance. Approval to
remove these trees may be granted if 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 if 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. 1\1cConnick stated she would like to fill in the blanks in Dublin, utilizing the fonnat
contained in the agenda report. She stated she would not support having a citizen group
involved. They've listed the protect~ speci~.
_ .,_.~yor Ji~u~o!: ,q~,~s:~~nc:I if_~~~y' the circ~~e~nce or h~i~ht ~ ~ore important?
'...",I
. ,
Ms. Kinney. stated we wouldn't want someone to get around the 'ordinance. The height
__ doesn't see~tC?J:r.~.asjmportant as the diameter. It's better to I.9,~~ ~t_~.~e!er. __ _ . _ '__u._'
Cm. Mc_Co~ck stated she liked the idea that a tree is to be planted as part of when a
removal of a tree occur-S-: Yes. orinext one; tr:lto save memorial tree. Tree of historical
designation yes. Size of tree is determining factor.
1\'1s. Kinney ~ted there was -no forrnB.1survey d~ne.
-. - - -' - "- - ..-
, -- - . -. .
- ~ l\1ay~;:J~Eu:S!on ciarified-'thaf ifthey-are-nofnative to our area;theY're-notprote9ted. An
exceptional specimen .'. : put yes. Is' a peimit required to protect !i tree - we shol1Id say
yes~ \Vho approves tree removal permit? Right now the Community Development
_u. Director and under a Site Development Review. '
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CITY COUNCIL :MINUTES
VOLUME 18
REGUL4RMEETING
July 20, 1999
P~~F 4.35
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,7-
.Ms. Lowart S"lAted our park maintenance function is under Public \Vodes. We could say
Community Development Director or designee or in consultation with the Public \Vodes
Director.' .
Public hearing r-=>...quired - no. ~y be appealed to City Council.
.Mayor Houston questioned if it should be appealed to the Planning Commission and then
to City Co~ncil.
A consensus was no, just the City Council.
Does the Ordinance cover Einy of the following: pruning and maintenance - first one 110.
Protection during construction/development - yes. Preservation and maintenance of
existing h=..,es - this links with pruning and maintenance. Overhead Wires - yes.
. .
..
Ms. Kinney explained that the ne::&i: step will be for this to COlne back in the fonn of a
draft ordinance.
--r-
ornER BU SINESS
~--- -- Concerl(950-40)
11~9~.~~~ .
Ms. Lowart remind~veryone of the concert Friday nigh
will be a contemporary B1Ues band.
~
..
p.m. at the Civic Center. It
Counci ember 'n (610-80)
... ern. McCormick reported ~st returned ~ to Lapland and to the Arctic
. Circle and that she saw ta. She brought back and distnoofed some gifts for her fellow
___~ ~,Councilmembers,_ke __?-in~._~ -_..' -~"_. - __ _____ _~_ __ __ _, ' _
gal 00 year heatwave in Finland.
...
CITY COUNCIL :MINUTES
'VOLUME 18
REGUL~MEETING
July 20,1999
PAGE 435