HomeMy WebLinkAbout6.3 HeritageTree Ord Amend CITY CLERK
# 530-80
AGENDA STATEMENT
CZTY COUNCIL MEETZNG DATE: November 16, 1999
SUBJECT:
PUBLIC HEARING PA 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)
ATTACHMENTS:
,
3~
RECOMMENDATION: 1.
4.
5.
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 and Minutes from July 20, 1999
City Council meeting.
Open public heating 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 ) to the Dublin
Municipal Code, Title 5
Schedule the second reading of the Ordinance for the
December 7, 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 have financial impacts to the City's budget due to
administrative costs of issuing 'permits and enforcement.
INTRODUCTION:
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 (R~fer 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 the City Council for consideration and adoption.
ANALYSIS:
The proposed Ordinance includes the following:
l. The proposed Heritage Tree Ordinance identifies the species and size of trees that are considered to be
Heritage Trees, The list includes Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore trees
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In-house distribution
ITEM NO.
with a trunk circumference of at least 24 inches measured at 4 feet 6 inches above the ground.
2. The ordinance would apply to all Heritage Trees located on private and public property within the City
including single-family lots.
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 1).
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 placemen~ of a cash bond or other security deposit.
w
Finally, the ordinance establishes civil 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 on residential property and how residents would be notified about the
proposed ordinance. In response to these concerns, staff proposes the following:
A City pamphlet could be prepared which identifies the Heritage Trees to be protected - what they are
and what they look like· Also, the procedure to obtain a removal permit could be outlined. This
pamphlet could be included as an insert in 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 pamphlet has not been estimated.
Alternatively, a questionnaire could 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
property and return the questionnaire to City Hall. The cost of preparing this survey (including remm
postage) has not been estimated·
RECOMMENDATION:
Staff recommends that the City Council review the Heritage Tree Ordinance (Attachment 1), open the
public heating, deliberate and
1: Introduce the ordinance adding Chapter 5.60 Heritage Tree Ordinance (Attachment 1) to the Dublin
Municipal Code, Title 5;
2. Schedule the second reading of the Ordinance for the December 7, 1999 City Council meeting and;
Provide direction to staff, if any on the preparation of a tree information pamphlet or questionnaire as
described above.
,, 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 CITY 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
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 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 chapter:
"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 which requires the approval of zoning,
subdivision, conditional use permit or site development review permits.
"Director" means the Community Development Director or his/her 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 of 24 inches or more in diameter measuredat 4 feet 6 inches
above natural grade;
ATTACHMENT 1
(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; and
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 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, conditional use permit, site development review
or subdivision map.
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.
(3)
(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.
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 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
3 4;
(b)
(C)
(d)
(e)
(f)
(g)
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
in the Vicinity of the property. The Landscape Plan shall also show existing and proposed
grades and the location of proposed and existing structures.
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
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.
The Director shall render a decision regarding the permit within ten (10) working days
after the receipt of a complete application.
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 shaI1
consider the criteria set forth in Section 5.60.60 (c) of this chapter.
The Director may refer any application to any City Department for review and
recommendation.
The Director or the reviewing body having final authority over the development may
grant or deny the application or g-rant 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.
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 ofdemolition, 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.
(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 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).
Section 5.60.100 - Applicant to guarantee protection - security deposit
(a)
The applicant shall guarantee the protection of the existing l~ee(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.
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 planrings, 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 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
,1999 by the following vote:
AYES:
NOES:
ABSENT:
ASTAIN:
ATTEST:
G\99-04~OKDINANCE.DOC
City Clerk
Mayor
CITY CLERK'
its'll311ol-lS'llol
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
RECO.tVEMENDATION: 1.
2.
3.
Hear Staff Presentation
Deliberate
Provide direction to Staff on the content of the Final Heritage
Tree Ordinance
FINANCL&L STATEMENT:
Undeterrnined at this time. The adoption of a Heritage Tree removal program for private residential lots
not associated vdth development, may have financial impacts to the City's budget due to administrative
costs of issuing permits and enforcement.
EN'TRODUCTION:
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 will fmalize the Draft Ordinance arid bring it
back to City Council at a public hearing for further consideration and adoption.
ANALYSIS:
The Draft Ordinance identifies the species-and size of trees that are considered to be Heritage Trees. The
orctinance establishes a procedure for reviewing and issuing Heritage Tree removal permits and for the
protection of Heritage Trees during consauction. 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
stuff on the following issues:
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ITEM NQ- 7o /
ATrACHHENT 2
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 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
appticability 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 wiLhin the
City that occur on private residential lots. The adoption of a Heritage Tree removal progain
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.
Section 5.60.40 (a)
Staff proposes to include "Buckeye" within the category of Heritage Trees. 'Buckeye trees are
native to the n-i-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
He~tage Tree.
Section 5.60.60 (c)
S~'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 mount of
the value of the lost tree and a requirement to replace said tree with a new tree of the same species.
Sts&'requests that the City Council review the 'Violation - Penalty' section of the Draft Ordinance
and provide comment to staff.
RECONLMENDATION:
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.
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.t20
Chapter 5.60
HERITAGE TREES
Title
Purpose & Intent
Applicabitity
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
Tnls Chapter shall be knov, m as "the Heritage Tree Ordinance"
5.60.20 Purpose and Intent
This Chapmr is adopted because the city has many Heritage Trees, the preservation of
v, Tnich 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 bnTnrds 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 a
procedure for controlling the removal and protection of Heritage Trees within the City.
In establishing these reg~xlations, it is the City's intent to preserve as many Heritage Trees
as possible consistent with the reasonable use and enjoyment of private property..
5.6030 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.
5.60.50
DRAFT
"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;
(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 unlawfulIy
removed tree;
(d) A memorial tree;
(e) Tree of historical si_mai~cance 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 ha Tard to
life or property, it may be removed with the approval of the Director,
City Engineer, Police Chief, Fire Chief or their desig,nee.
(2) A tree(s) whose removal was specifically approved as part of a City
approved development plan, zoning permit, use pen-nit, 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 conformance with the guidelines of
the International Society of Aboricuimre, Tree Priming Guidelines,
current edition, on file in the City Clerk's Office.
2
/&
DRAFT
5.60.60
(c) Tree(s) removal requested as part oft he 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:
I. A drawing showing all existing trees and the location, ,rqpe and
size of all tree(s) proposed to be removed;
2. A brief statement of the reason for removal;
3.' If the tree or lfees'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 cif 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 ihe condition of the trees;
6. Other pertinent information as required by the Director.
(b) Tree(s) removal requested in conjunction with an applicafion 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
Fades 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 topoFaphy 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. - .-
DRAFT
5.60.70
5.60.80
5.60.90
(d) The Director shall render a decision regarding the permit within ten (10)
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 Depmkuent for review
and recommendation.
(g) The Director or the reviewing body having final authority over the
development may grant or deny the application or grit 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 sig-ned 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 CounciI meeting and shall ~ve the appellant at least five (5)
calendar days' notice of the time and place of said hem-ing. 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
(I) 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,
gading or building permits. The plan shall be prepared and sig~ned 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 consU-uction 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 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 order.
(4) The Director may waive the requirement for a tree protection plan if it is
determined that the g-rading or construction activity is minor in nature and
that the proposed activity will not si=~2i~cantly modify the _ground area
within the drip-line or the area immediately surrounding the drip-line of
the tree(s).
(a)
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 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.
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.
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 unlawT-ully removes, destroys or damages a
Heritage Tree shall pay a civil penalty in the amount of the appraised
value of the tree. A ci~--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, shah be required to replace said tree with a new tree and
or additional plantLugs, 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.
Houston closed the public hearing.
Mr. explained that Staff has discussed these things with Mr. DiMa The
first street close to the intersection we cannot allow a U-turn or leftout. A U-
turn could allowed further down and this will be looked possibility of
having a street in further down, they originally talked about going all the
way through, but he i't want it breaking up his site. Weso you could turn in
and out of the center. only have to build 20' in his property. He will get
fair market value for the
On motion of Vice Mayor Lockhart,
vote, the Council waived the reading
nded
McCormick, and by unanimous
(Attachment Ia)
ESTABLISHING F~-WA IN S
TASSAJARA R (FROM NORTH OF 1-580 TO E NORTHERLY
BOUNDARY OF BLIN RANCH TRACT 6962 - NEIGHB HOOD M-I) AND
FOR PO ONS OF DUBLIN BOULEVARD, GLEASON D VE, AND
,.<~ - ' ~ ~
DRAFF HERITAGE TREE ORDINANCE
7:52 p.m. 7.1 (530-80)
Assistant Planner Anne Kinney presented the Staff Report and advised that the purpose of
this item is for the Council to .provide direction to Staff in order that a finalized Draft
Ordinance may be brought back to the Council at a future public hearing for
consideration and adoption.
Chapter 5.60, Heritage Trees, will be added to the Dublin Municipal Code, with Sections
as follows:
5.60.10
5.60.20
5.60.30
5.60.40
5.60.50
5.60.60
Title
Purpose & Intent'
Applicability
Definitions
Tree Removal Permit Required
Tree Removal Permit Procedure
CITY COUNCIL MINUTES
VOLUME 18
REGULAR MEETING
September 7, 1999
PAGE 483
5.60.70
5.60.80
5.60.90
5.60. I00
5.60. II0
5.60. I20
Appeals
Protection during construction
Protection plan required prior to issuance of permit
Applicant to guarantee protection - security deposit
Public Utilities
VioIation ~ Penalty
Ms. Kinney stated Staff was seeking direction on several issues.
I. Applicability of the Heritage Tree Ordinance and if it shouId include or exclude
singIe-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 payment 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 on
the %riolation - Penalty" section of the draft ordinance.
Vice Mayor Lockhart referenced the section on penalties and asked for some idea of what
they are talking about dollar wise and replacement value. Are we talbdng $50 or $500 or
$ 1,0007
Ms. Kinney responded it depends on the type of tree and how long it has been there. It
could be $20,OO0 and they decided to go on the valuation of the tree rather than a set
amount.
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 peopIe to check first. Maybe we need a minimum.
CiW Manager Ambrose stated the Council needs to determine if it will appIy to the entire
..residential communiW or just new development.
Cm. McCormick pointed out the fact that we really don~t -know how many native trees
are on private property.
/Vmyor Houston asked is there had been any thought to taking an 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 appIicable.
CITY COUNCIL MINUTES
VOLUME lg
REGUL4.R MEETING
September 7, 1999
PAGE 484
~" Cm. Zih asked if we could just avoid this by excluding single family units.
Cm. McCorntick 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 what 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.
Mayor Houston asked about the timing of doing an inventory.
Mr. 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.
Cm. McCormick stated 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
and address fnis.
Mayor 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 determine if
this is a low, medium or high priority. If we have the ordinance, it should be for the
whole City. We 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 agreed that it would apply to everybody and should also
include the Buckeye.
Cm. Howard stated she did not feel this is fair that someone would not be able to remove
a tree if they wanted to have a pool or remodel, etc.
Mayor Houston stated he felt these types of trees are looked upon as an asset and
amenity. They am worth a lot of money, sometimes $20,000 is even cheap. He stated he
is in favor of going forward and having the Buckeye included.
Tom Benigno stated they could always live in a tree and chop .their house down. He
asked what other cities have this Ordinance.
CITY COUNCIL MINUTES
VOLUME 18
REGULA,R MEETING
September 7, 1999
PAGE 485
Cm. McCormick 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 stafi-ing to mess
around with people's personal property. It may not be worth stirring this pot. Some
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 Mayor Loc'I,tart 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 what they want.
You need to be careful. People consider this their right and their property. When you've
planted a tree, it's yours. Be careful how you word this.
On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by majorit), vote,
the Council directed 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 Cm. Howard voted against the motion.
8:15 p.m. 7.2 C
Gordon Lure with TJKM e Staff Report that a traffic study of this
intersection has identified several term safety improvements that can
be instituted. Many of the short terin ' ents have already been done. Short term
improvements consisted of si i .ping c es. Zebra striping of the crosswalk
has been delayed pendin g :t cd as to whether the c walk should remain in place.
Staff requested that TJ 4< ~ ~ :t a speed and engineering su . The survey indicates
public hlri~g notices and prep!re ' ' ~. '
CITY COUNCIL MINUTES
_- VOLUME 18 --
REGUL&R MEETING
September 7, 1999
PAGE 486
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 20, I999
ST.J'3BYgCT:
HcritaEe Tree .Report.
(Report Prcpardd by: Anne ICinn~dy, Assistant Platonor)
ATTACE'rvlENTS:
1. Trcc Preservation Ordinance Comparison Study
RECOI~[MZENDATION: 1.
FEN.42qCL, s_.L STATEMEhT: None
Hear Staff Presentation
Deliberate
Provide direction to Staff on the prepmarion of a future City
Tree Preservation Ordinance' '
DESCRIPTION:
Ai the request of the City Council, rab~'has reviewed five Trcc Preservation Ordinances irom sinrounding
cities inclufing Dan)title, San Ramon, Livemore, Pleasanton and Walnut Creek The review identified
each ciry's process for preserving trees on private property,, criteria ,used to select trees for protection
(such as s-~, ~?ecies n.~e, heig_ht, location, hi~orical sifni~cance, visual prominence or sp-~ciaI value
fae cornmuni~-), definition of protected ~rees, the tree rcmovs.I process and other elements to ensure
heri-,~e u-~e protection.'
_4_N.4~LYSIS:
The Dublin do~mto~m sea co~is of a nmbcr ofsi~cmt ma~e naive ~ees hctud~g o~,
wiuu, c~prcss ~ccs ~d redwood. Ex~Mes hcludc ~e follo~g:
- ~o m~T&-c o~ m-c located on ~c noF&e~t comer ofDub~ Bo~cv~d sd Sm hmo~ Road
ic rc~ of~c e~g Chcwon Sindon.
- a 48~ di~mct~ w~ut c~ to ~c'rc~ of~c Shamrock ~]it~e Sh~vp~g center a~accnt to ~c
new r~dcn~M development on S~'m-d DHve.'
- A nmbcr of c)?rcss ~ccs c~ adjacent m Sm Rmon Road ~ ~ont of Pctco. _
A maybe redwood c~ adjacent to Pc~m~ on ~e e~ side of.~or p]~7~ Roa&
Euc~p~ ~cs even ~ou~ ~cy ~c non-native cm bc vis~ly si~i~cmt such s ~g stud
~ong Sm ~on Road mic rc~ of~c Automatic f Co~o~y.
Trees located on non-residentiM]y zoned prope~wy are offered limited protection under the Zoning
Ordinance. >:ppro:'-_l to remove these ~ees may be _m_ranted if it is determined fast the ~ree is h poor
he-_dth and no~ hB:dy to stundye (.~-bo~st repo~ is required), iffne trees consdune a high ,~,-e h--_zzrd or a
· -h-ea~ m p.~o.ns, F~jcrm-es or property; or, iffaey impede public wor~ projects.
COPIES TO:
in-house distribution
I
ATTACHMENT 3
this ~;-~c there is no Ci~ policy v~'i-dch addresses the on goin~ msdntens~ncc ofhcdmgc ~-~s or the
protcc~on of~ccs d~ng cons~c~on.
Many si=oni~csnt ~rces exist on residentSally zoncci propcn-y and arc not currcntly protected from removs~
or desnmction. E:dst{ng creeks within Dublin such as Mar'tin Canyon Cr~k, Alamo Creek and Tsssajm-a
Creek (nor-~h of the Santa Rjta Property) consist of a variety of oaks, C~jiforn~a bay, wilIow and sycamore
~-ces.
RECO~I'~IEiN'DATION:
Staff recommends that the City Council review the a~mched 'Tree Prese~'ation Ordinance Compm-~son
Sm-vey', deliberate sncI provide direction to smf~'on the prcpara~on ofs future City Tree Prcse~'s~on
Ordinance.
:ITY OF I)UIII,IN -'l'ltli.;li.; I'Itlr~SI,.;ItVA'I'IfJN Ultl)INANCI~ COh'II'AItlSON STUDY
rill~,F. I'IIIr. SIr, I~,VATEUN
;Itl)IHANC:I.:'/
~ 'l'lilhllr, A Ci'l'lT, Itl'l (IItUUI~
~YOI,V!,:I) IN SI~,I,Ir. CI'I~JN UF
NCIr, S'i'ltAL/lllr. itl'l'Atllr, TII. EF.S?
l}Ulll,IH
Nu (Sec.fi.7I.ILIIIA,I hi'
the Zmdng L): dbnmce
athile,qe.~ the
pfesel v.tinn .1' existing
I:ees in nun-:esidenlbd
znllln~ tli~l~ lois)
SIZE iMULI I.51E,iIAIlit)
I'llO l'li'Cl'EI) 51'liCIli',$' ·
IllilL;Ill' :
I'RliE OF AN|' 31ZE I~AI{ !' OIr A
:;IIOVE
A 1 ltEli 311UWN TU lIE I'lll';,~lilt VI':I)
')N AN AI'I'ItO VED DEVELOI'MENI'
t'I.4N OR I1EQUll{EI] TO lIE '
'{EI~IINEI) A.~ A COA
A lllEE Illi(~UllHil) 70 lIE I'l.,~NHiD
~S A REPIA CEA II..'Nr IrOll AN
(INL.HYFULLF REAIO VEI) ll~EE
2,1'; dinmeier. nteasl..ed
at 4'1i" nbtn'e mttnanl
glade
IV" dinlneler. uleastllcd
nl Y above haloral Fade
native Ilces (u.k. while
illtier, Calirrnula bay &
cUnM ted wuud)
Yes
Yes
30" diameter (nny If el).
(oak), anensu;ed at 4 '6"
abu','e natural grade
4U" allanlater (any tree), 20"
(oak}. nansled nl 4'6"
above Irarural Fade
nny trees nlnl uaks
'Yes
Yes (the Livermore !Jeautilication
Cunnlrhtee designates ancestral
trees to be protected under tills
ordinance. A property owner can
appeal Ihe decision to designate a
Ilee oil IdsAler properly as a
.nceslfal hce Io Ihe Cily Council)
Any Ilees
Yes (tile Aclion for 13eauly
Committee selects !hrhage
'Frees witIda the City. This
a separate process to tile
prolectlon of trees under the
'Flee Preservation Ordhmnce)
28" diameter, Ineasuled at
4'6" above natulnl grade
40" drainclef, Illensured at
4'6" above natural glade
oak, nrndmne, bucke)'e"Tblack
wahml. lucusl
Yes
i'LIr, A,~AN'I'ON
Yes
55" dinuleler, Inensufcd
4'0" above ground level
5.5" diameter (two largest
trunks), measured at 4 '6"
above ground level
Airy tiles (except fruit and
uut tiles when part u[ a
connne~cinl orchard)
Any tree 35 fcct or mole in
belgltl
,TrY O1; IJUIILIN -'l'ltl!;l,~ l'ltlr~Sl~ltVA'rlON OIt'I)INANCIg COMI'AItlSON STUI)Y
,t ML,'MOIthII, 71{L.'lf
litEli OF IIISI'OItlCAI. 31c;NIFIOtNCE
')If31GNAI'ED il r UF'IrlCIAI. A CllON
4 S1;4Nl) OF TREE3 DEPENDENr
LII;ON EACll OTIIER FOR 3UIIVIVAI,
~R TIlE AREA '3 HA TURAL llEAU1T
4 I{ARE EXAMPLE OFA 31;ECIES
VATIVE 1'0 I'IIE AfiEA
4N E,¥CEPllUNAL M~ECIAIEN IN
'{EGARI] TO 31ZE. AGE, IIEALI'II.
,OCA'IION OR VISUAL PI{OMINENCF.
)R 31~ECIAL VALUE TO COMMUNII'|'
; A IqH{M rr ItF.~uIIufi)
I';S'I'IiO Y UIt itl~.hlUN'lg A
itU'I'EUTEIJ TItEE?
'lID AI'i'ItUYES A 'I'IU'3F.
F, rdOYAL I'!~!t/Hrl'T**
; A I'Ulll,lg IIEhltINU
E~UIREI)7***
imUl. IN ]~C'NVil,I,F, ,~,'~H RAIHU~j
Yes Yes
I'Innning Depnmncnt
I,IVEIthlUI{I~
Yes
t) WIIUM CAN A I)I';CISIUN lIE
I'l'gAi, ltU7
Ulr, S 'l'ilir. fdi{DINANCIC CVVER
Ni' VF TIlE Ir{.}LLOWIHGI
I'IJUNfiVG AND MAINTENANCE
I'ROI'ECI'ION OF 1REES DURING
CONSII~UCI'IOH / DEVELOI'MENI'
..
I'Cmtd 're
Yes
Yes {subjoel tu excelHiuns) i;es
Planning Services Manager
or deslgucc
Yes
Del;ntltnent ur Parks & 'l'rces
|',lu
Bcaulilicatiun Cununlttee
VeAl,NUT CI{IgEI';
Yes
Yes '
Yes (a i~,etntit is ~cqui~ed"~'~o"'o
re.nova any tree)
Public Services Director or
designee
No
Design Review Comn~iitce
Yes
~LtCASAm'On
Yes
Yes
Yes
'Yes (subject to exccplimts)
'Director of Public Works &
,Viililies or deshence
Yes. where Ihe applicant
applies Iolellluve m tree on
the grounds that it has n
signilicant impact un the
property, the Director shMI
conduct a public henrln~
Appeals and/or CC
Ycs
Yes
· . t
CITY Olr DUIILIN - 'I'Iti~31C I'ItI~3SI~31tVA'I'ION OIU)INANCE COMI'AItlSON STUI}Y
MAIN'rENAIVCI~ Ol.' E,YI,YT/NG
· AN}' I'UIII,IC UllLIIT IN.Y'I~4LLING OR
MAIN1;41NING OVEIelIEAD IITRE5.
UNDERGROUND I'II'ES OR
COHI)UIT..T IN TIlE VIGIlWIT OF A
IIERIt~4GE I'IeEE REQUII{ES
I~EIMH.S'SION FROM ?'lIE I)IRECI'OR
PROlie 1'0 I'ERFORMING AN|' WOI{K
IIUI|I,IN I)ANViLi,ir,
SAN RAMON , I-IVI';IthlURI~
WALNUT Cltl?,l,:l(
Yes
I'I,EASANTOH
Yes ~
Yes
* Under Sc~:flun 8.'/2.g6tl 'l'sCe Renmvnl/l~.eldacentc.I, Dublin Zealtag O.limutce, fhe gemoval ur ~e mnjodly gf I~ces in a impking area (rcside~tlial ur commcgcial) rcqui~es Silo Developmeal Review approval
** If n lice t~lnt)vnl i~cimil is beh~g fcq~ms(ed as pall (if a/niger devclolmmn( innjoel, Ihe hee i~eHnil shall be cunsidercd hy the dccisiun-making budy appgoving tile whole pfuject
*** hxccpl, when a fgce fcmuvnl I~cHnit is requested as I~n:t uf a larger dcveh~pmcnt project, the free permit shall bc cuaside;cd at the publi~ hearing for the wlmlc pmjecl
HERITAGE TREE REPORT
1 I:15 p.m. 8.2 (530-80)
Assistant Hanner Anne Kinney presented the Staff Report which reviewed Tree
Preservation Ordinances of surrounding cities.
The Dublin downtown area consists of a number of sig-ni~cant mature native trees
including oaks, walnuts, cypress and redwoods. Trees Icedted on non-residentially zoned
property are offered limited protection under the Zoning Ordinance. ApprovaI to
remove these trees may be granted if it is determined that the tree is in poor health and
not likely to surxdve, 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. McCormick stated she would like to fill in the blanks in DuMin, utilizing the format
contained in the agenda report. She stated she would not support having a citizen group
involved. They ve listed the protect.led 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 oralind.,me. 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 be planted as part of when a
removal of a tree occurs. Yes on next one, try to 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 if they are not native to our area, they're not protected. An
exceptional specimen... 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 MINUTES
VOLUIvlE 18
REGUIAR M2EETING
July 20, 1999
PAGE 435
Ms. Lowart stated our park maintenance function is under Public Works. We could say
Community Development Director or designee or in consultation with the Public Works
Director.
Public hearing required - no. MaX be appealed to City Council.
Mayor Houston questioned if it should be appealed to the Planning Commission and then
to City Council.
A consensus was no, just the City 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.
OTt-IER BUSINESS'
Concert (950-40)
11:29 p.m. '
Ms.. Lowart reminde veryone of the concert Friday nigh p.m. at the Civic Center. It
w~ll be a contemporary s band.
. (610-80) ·
Cm. McCormick reported th she just returned from a ' to Lapland and to the Arctic
Circle and that she saw ta. She brought back and distn ed some gifts for her fellow
Councilmembers, ke ains. ' '
They were ha ' g a 100 year heatwave in Finland. The sun never ever w down.
·
CITY COUNCIL MINUTES
'VOLUME 18
REGULAR MEETING
July 20, 1999
PAGE 43B