HomeMy WebLinkAboutItem 6.2 Street Tree Ordinance
STAFF REPORT CITY CLERK
File #530-80
CITY COUNCIL
DATE:February 4, 2014
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, Acting City Manager
SUBJECT:
Street Tree Ordinance
Prepared by Steven Yee, Public Works Manager
EXECUTIVE SUMMARY:
The Street Tree Ordinance establishes guidelines to preserve and maintain all street trees and
plantings on or adjacent to City property. The intent of the ordinance is to ensure that all trees
and plantings in or adjacent to streets and within easements, public right-of-way and other
public spaces are protected by regulating the planting, maintenance and removal of trees.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, and waive the
reading and INTRODUCE an Ordinance adopting a new Dublin Municipal Code Chapter 7.56
Relating to Street Trees.
Submitted By Reviewed By
Public Works Director Acting Assistant City Manager
DESCRIPTION:
The City maintains an active street tree program which has served the City well over the years.
However, with the City’s desire to become a Tree City USA community as set forth by the Arbor
Day Foundation, Staff thought it necessary to propose codifying existing practices through the
development of a Street Tree Ordinance. The proposed Street Tree Ordinance also is
beneficial in providing a clear set of guidelines for the community on how to plant, remove or
replace street trees in the community. This Ordinance does not change existing procedures or
maintenance responsibility relating to street trees or other plantings and only memorializes
current practices.
The purpose of the Street Tree Ordinance is to preserve all trees and plantings on or adjacent to
City property with a benefit to the community at large. Trees and other plantings are preserved
ITEM NO. 6.2
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by regulating the planting, maintenance and removal in or adjacent to street public right of way,
within easements, other public spaces and where appropriate, private property. Removal of
trees is also regulated in order to protect trees that contribute significantly to the value of land
and add to the quality of life in Dublin.
The draft Ordinance identifies the responsibilities of trees where residential trees located on
private property or adjacent planter strips areas within the public right-of-way are the
responsibility of private property owners. The property owners or the residents are responsible
to maintain these trees such as pruning for safe height clearance to accommodate vehicles and
pedestrians in the public right-of-way and replacing removed trees. The private property owners
are responsible for any damage as a result of fallen tree limbs and root intrusion on concrete
sidewalks, curb, gutter or street pavement. The City shall maintain trees and other plantings
within the street public right-of-way, which are developed and landscaped as a public
improvement and not the responsibility of a private property owner.
Under the proposed Ordinance, private property owners will be required to obtain a City
Encroachment Permit to plant, maintain, remove or replace any tree in the public right-of-way
unless the street tree planting is part of a private development or public project. Currently, any
person performing any work such as sidewalk repair in the public right-of-way is required to
obtain an encroachment permit. The Public Works Department will administer a program to
provide for the proper planting, maintenance, removal and replacement of street trees. The City
will maintain the right to take appropriate action on any tree or planting that constitutes as an
immediate danger to public health, safety or property.
The proposed Ordinance provides options for the City to seek cost recovery for any unlawful
removal or damage to any tree or other plantings. The Ordinance identifies an abatement
procedure with written notification to the private property owner or occupants that is responsible
for the tree or planting. The abatement procedure includes 30-day notification to correct the
violation. If the private property owner or occupant fails, neglects or refuses to comply, the City
may conduct an administrative hearing to resolve the issue.
This Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations for the planning and maintenance of Street Trees in the City. This
Ordinance itself, therefore, has no potential for resulting in significant physical change in the
environment, directly or ultimately.
REVIEW BY APPLICABLE DEPARTMENTS & AGENCIES:
The draft Street Tree Ordinance was distributed internally to various City Departments for
review, including Parks & Community Services and Environmental Services. Additionally, MCE
Corporation, California Department of Forestry & Fire Protection, and the City’s risk
management consultant from ABAG PLAN also reviewed the draft ordinance and provided
input. The changes recommended by the various departments and agencies were incorporated
as appropriate.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Hearing Notice was published in the Valley Times and posted at several locations
throughout the City.
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ATTACHMENTS:
1. Ordinance adding Chapter 7.56 Street Trees to the Dublin Municipal
Code
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ORDINANCE NO. -14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
ADOPTING A NEW CHAPTER 7.56 RELATING TO STREET TREES
The City Council of the City of Dublin does hereby ordain as follows:
Section 1:
Compliance with California Environmental Quality Act (“CEQA”): This Ordinance is
exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3)
states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Ordinance is exempt from
CEQA because the Ordinance does not, in itself, allow the construction of any building
or structure, but it sets forth the regulations for the planning and maintenance of Street
Trees in the City. This Ordinance itself, therefore, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
Section 2:
A new Chapter 7.56 is hereby added to the Dublin Municipal Code to read
as follows:
7.56.010 Purpose.
A. To preserve, except when not feasible, all trees and plantings on City property
and all protected planting of significant size, age and/or benefit to the community
at large.
B. To regulate the planting and maintenance of trees and other plantings in or
adjacent to streets and within easements, in the public right-of-way and other
public spaces within the City and where appropriate, private property.
C. To regulate the removal of trees that contribute significantly to the value of land,
preservation of resources, and quality of life in the City of Dublin.
D. Identify responsibility and accountability for the planting, maintenance, protection,
and when necessary, removal of the City’s trees.
7.56.020 Definitions.
The terms used in this Chapter have the meaning set forth below:
“Approved Street Tree” shall mean any tree hereafter planted within any street right-of-
way or easement adjacent thereto which conforms to the Approved Streetscape Master
Plan and which is planted in accordance with this Chapter. “Approved Street Tree” shall
also mean any existing tree within the right-of-way or easement adjacent thereto which
conforms to the established species and location in any given area, and which was
planted as a required street tree under the provisions of any improvement agreement, or
as otherwise approved by the Public Works Director or his or her designee, or any tree
of the approved species and in an acceptable location which was or may be planted as a
replacement.
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“Hardscape” shall mean any durable material (pervious and non-pervious).
“Heritage Tree” shall mean any of the following: a) any Oak, Bay, Cypress, Maple,
Redwood, Buckeye and Sycamore tree having a trunk or main stem of 24 inches or
more in diameter measured at 4 feet 6 inches above natural grade; b) A tree required to
be preserved as part of an approved development plan, zoning permit, use permit, site
development review or subdivision map; c) A tree required to be planted as a
replacement for an unlawfully removed tree.
“Heritage Tree Planting” shall mean the planting of Heritage Trees within the public right-
of-way, in parks and in easements dedicated to tree planting. Heritage Trees shall be
planted in residential neighborhoods within tree planting easements in suitable vacant
planting sites, which avoid conflicts with underground utilities and hardscapes.
“Heritage Tree Ordinance” shall mean City of Dublin Ordinance 5.60, adopted
December 21, 1999, which recognizes and protects individual trees or groves of trees to
promote appreciation of the trees and their benefit to the community, and to nurture and
protect the trees as part of the City’s heritage.
“Maintenance” shall mean planting, pruning, staking, cabling, treating for pests and
disease, removing, or any other act that nurtures the street tree population, sustains tree
life and health, and promotes public safety.
“Other Plantings” shall mean any trees, shrubs, grass or ground cover other than public
landscaping, planted within a street right-of-way or easements or in proximity thereto, or
on adjoining property.
“Owner/Occupant” shall mean any person owning property, as shown on the last
equalized assessment roll for City taxes, the lessee tenant, or other person having
control or possession of the property.
“Qualified Tree Professional” shall mean an International Arboriculture Association
certified Arborist or other licensed, certified individual with skills and authority to identify,
diagnose and recommend mitigation of a condition related to health, selection,
placement and maintenance of trees.
“Tree Maintenance” shall include fertilization, pest control, pruning and watering of tree.
“Tree Pruning” shall refer to the removal of diseased, dead, dying, decayed, interfering
or obstructing branches, or the training of young trees to control growth and enhance
performance or function in the landscape, and by developing and preserving tree
structure, health and stability. No more than 25% of the tree canopy should be removed
within a growing season. Where distressed trees require more than 25% crown removal,
it must be done under the recommendation and supervision of a Qualified Tree
Professional.
“Street Tree Planting” shall mean the planting of City trees within the public right-of-way
dedicated to tree planting or within tree planting easements in suitable vacant planting
sites which avoid conflicts with underground utilities and hardscapes.
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“Parks and Public Space Planting” shall mean the planting of City trees within parks and
public spaces dedicated to tree plantingor within tree planting easements in suitable
vacant planting sites which avoids conflicts with underground utilities and hardscapes.
“Tree Removal” means either 1) complete removal, such as cutting a tree to the ground;
or 2) taking any action that would lead to the death of a tree or cause permanent
damage that may compromise tree health and stability. Tree removal may include, but
shall not be limited to, severe pruning or topping, girdling, poisoning, over watering,
under watering, trenching, excavating, or altering the soil grade around the tree trunk.
“Tree Topping” is the removal of large branches to a stub, or smaller lateral not large
enough to assume a terminal role. Tree topping is not an approved tree pruning practice
for City street trees or protected trees, and is considered tree removal under this
Chapter.
“Unapproved Street Tree” shall mean any tree planted within street right-of-way or
easements or in proximity thereto, or on adjoining property, which does not meet the
specifications of the Streetscape Master Plan.
7.56.030 Responsibilities.
A. Any residential trees located on privately owned property or adjacent planter strip
areas within the public right-of-way are the responsibility of the private property
owner. Right of way clearance of 8 feet above sidewalks or 16 feet above streets
on the street side of the tree must be maintained at all times. No tree or other
planting is allowed to obstruct the clear path of site to intersections, signage,
traffic control devices or other directional markings.
B. Private property owners are responsible for any damage which occurs as a result
of fallen tree limbs, hardscape damage or utility line damage from privately
owned trees.
C. All walkways and storm drains must be kept clear of obstacles that may create a
hazard for cyclists, pedestrians, and disabled persons.
D. The City shall maintain those planting areas within the street public right-of-way,
which are developed and landscaped as a public improvement and are not the
responsibility of a private property owner. Trees and landscaping installed as part
of a Development Agreement must comply with this and other applicable
ordinances and the Dublin Streets Master Plan regarding selection, placement,
care and maintenance.
7.56.040 Planting Permits.
A. An encroachment permit from the Public Works Department must be obtained
prior to any tree being planted in the public right-of-way. The permit shall specify
the location and variety of the trees or plants to be installed. The trees shall be an
Approved Street Tree.
B. Street trees or other plantings that are required to be planted by private
development or public project in accordance with plans and specifications
approved by the City, may be planted without a permit, provided, however, that
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such trees and plantings shall conform to the City’s Streetscape Master Plan and
shall be planted under the supervision of a Qualified Tree Professional.
Continued care and responsibility for these plantings is defined in the
development agreement and are enforced by City’s Public Works Department.
7.56.050 Permits Required for Removal.
A. It shall be unlawful for any person other than City personnel in the performance of
their duties to remove any street tree, protected tree or heritage planting, without
first applying for a City Encroachment Permit issued by the Public Works
Department.
B. The Public Works Department may determine that a tree authorized for removal
be replaced by the permittee through the compensation methods described in
Section 7.56.110, subsections (A) or (B).
7.56.060 Permits Required for Pruning.
A. It shall be unlawful for any person to trim any Approved Street Tree without first
obtaining a City Encroachment Permit from the Public Works Department.
B. The permit shall be issued if the Public Works Department finds that pruning is
necessary and that the proposed method is satisfactory.
C. A permit is not required for removing sucker growth, waterspouts, low hanging
branches less than 2" in diameter causing obstructions, or for the removal of less
than ten percent (10%) of the tree canopy.
7.56.070 Maintenance
A. Removal, Replacement and Planting of Trees.
1. The Public Works Department shall administer a program to provide for
the planting, maintenance, care, removal, and replacement of Approved
Street Trees.
2. Except for an emergency, which shall be an imminent threat of injury to
persons or property, a tree protected by the Heritage Tree Ordinance or
Streetscape Master Plan may not be removed without the review and
approval of the Public Works Director or his or her designee.
3. Parks and Public Space Planting are managed by the Public Works
Director or his or her designee.
4. Decisions regarding the removal, placement, and planting of trees in
parks and public space areas are the responsibility of the Public Works
Director or his or her designee.
B. Tree Planting.
1. The City will annually plant Approved Street Trees in suitable vacant
planting sites in the public rights-of-way and in tree planting easements.
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2. Trees with attributes most appropriate to the selected location and
surroundings will be selected by the Public Works Director or his or her
designee consistent with the Streetscape Master Plan.
3. Trees planted in the public right-of-way and tree planting easements shall
conform to the City street tree planting standard detail.
4. The current resident, or if there is no current resident, the property owner,
shall be responsible for the adequate watering and protection of
Approved Street Trees in the public right-of-way or tree planting
easements.
C. Tree Planting Appeal.
1. Any property owner can appeal the planting of an Approved Street Tree
on his or her private property, in the adjacent public right-of-way, or in a
planting easement by making a formal appeal to the Public Works
Director. If an Approved Street Tree is to be planted on private property,
the resident will receive notification of the City's plans no less than two
weeks before the date of planting.
2. An appeal of Approved Street Tree planting in tree planting easements on
private property shall be made to the Public Works Director within two
weeks of planting notification.
3. Such appeal shall be in writing and signed by the property owner or if
none is available, the owner.
D. Removal of Trees Planted in Public Right-of-Way.
1. The City may remove any street tree and Other Plantings that constitute a
hazard or may endanger public health, safety or property, or which
constitutes an obstruction to the vision of automobile traffic.
2. The removal shall not be made, without prior notice to the property owner,
unless the Public Works Department determines in his or her sole
discretion that removing said tree or planting is immediately necessary for
the protection of the public health, safety or property.
E. Tree Replacement. The City shall replace Approved Street Tree and Parks and
Public Space Planting in suitable vacant planting sites or other plantings that
have died or may have been removed for any reason within six (6) months or as
the City’s tree budget allows.
F. Maintenance of Unapproved Street Trees or Other Plantings. The City is not
responsible for maintaining Unapproved Street Trees or Other Plantings in or
adjacent to or overhanging any public right-of-way. Maintenance of such Other
Plantings shall be the responsibility of the property owner, provided, however, the
City may prune, trim, or remove such Other Plantings if the property owner
refuses to maintain the plantings him or herself.
G. Abuse or Mutilation. It shall be unlawful for any person to break, destroy, or
mutilate any Approved Street Tree, tree stake, any public tree, shrub or plant in
any public place including parks, or to set fire or permit any fire to cause damage
to any portion of any street tree or other public planting; or to attach or place any
rope or wire (other than one used to support a young or broken tree), sign, poster
or other device on any street tree; or to permit or allow any gaseous, liquid or
solid substance harmful to such tree to come in contact with any portion of any
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street tree; or to place or maintain any concrete or other solid substance or
impervious membrane so as to impede free access of water or air to the roots.
Only Approved Street Trees in properly sized existing tree wells shall be used.
No solid paving or impervious membranes shall be placed closer than twenty-
four inches (24") from the edge of any Approved Street Tree. Any Approved
Street Tree or protected tree compromised in health and stability by abuse or
mutilation shall be considered a tree removal, and compensation for removal
may be sought by the City.
7.56.080 Other Plantings and Improvements.
A. Regulations for Other Plantings.
1. A property owner may plant various plantings on his or her own private
property as long as the planting does not conflict with the Streetscape
Master Plan.
2. No plantings may interfere with the functioning of any curb, gutter,
sidewalk, water meter, fire hydrant, or other public facility. The plantings
must not interfere with or impair the growth of any Approved Street Tree,
and cannot constitute a public nuisance in planting strips and easements.
7.56.090 Tree Protection.
A. It shall be unlawful to remove existing trees within the City except in accordance
with tree removal requirements as described in Section 7.56.070.D.
B. Trees protected in this section include:
1. All trees which have a twenty four inch (24") or greater diameter of any
trunk measured four and one half (4½’) feet above natural grade and
located on developed residential property.
2. A tree required to be preserved as part of an approved development plan,
zoning permit, use permit, site development review or subdivision map.
3. A tree required to be planted as a replacement for an unlawfully removed
tree.
4. Heritage tree designation may be applied by resolution of the Dublin City
Council to individual trees or a grove of trees of any size or species within
the City of Dublin that are distinctive, of special historical value or
significant community benefit.
5. A tree or grove of trees may be designated as a heritage tree or heritage
tree grove upon a finding that it is unique and of importance to the
community due to any of the following factors:
a. It is an outstanding specimen or grove of a desirable species.
b. It is one of the largest or oldest trees or grove of trees in Dublin.
c. The tree or grove of trees possesses distinctive form, size, age,
location and/or historical significance.
7.56.100 Enforcement.
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A. Abatement by Pruning on Public Right-of-Way. The Public Works Director or his
or her designee shall be empowered to authorize pruning of any Approved Street
Tree or Other Plantings in the public right-of-way or easement without prior notice
to the property owner, if the Public Works Director determines in his or her sole
discretion that the tree or other planting constitute an immediate danger to public
health, safety or property.
B. Public Nuisance on Private or Public Property.
1. Any Approved Street Tree, Unapproved Street Tree, or Other Plantings
growing on public or private property that interferes with the use of or
endangers any public sewer, sidewalk, Approved Street Tree, street or
other facility or which impairs traffic visibility or which is maintained in
violation of the provisions of this Chapter, may be declared a public
nuisance.
2. A City street tree or other protected tree that has been topped or mutilated
may be declared a public nuisance by the Public Works Director and may
be abated in accordance with the provisions of this Chapter.
3.
All costs incurred to abate the public nuisance shall be recovered in
accordance with Section 7.52.220.
7.56.110 Replacement or Compensation.
In pursuit of the City’s remedy for the unlawful removal or damage to any Approved
Street Tree or Heritage Tree in violation of this Chapter, the City shall seek cost recovery
through the following:
A. Any person who unlawfully removes, destroys or damages an Approved Street
Tree or Heritage Tree shall pay a civil penalty equal to twice the amount of the
appraised value of the tree. A city-selected Qualified Tree Professional shall
estimate the replacement value of the lost tree(s) in accordance with industry
standards. The penalty shall include the city’s costs incurred in performing the
appraisal.
B. Any person violating any portion of this chapter that results in the loss of a
Approved Street Tree or Heritage Tree shall be required to replace said tree with
a new tree and/or additional plantings of the same species. The Public Works
Director shall determine the size and location of replacement tree(s). The Public
Works Director may refer to the recommendation of a Qualified Tree
Professional.
7.56.120 Abatement Procedure.
A. Notification of Nuisance.
1. Whenever the Public Works Director or his or her designee determines
that any property within the City is being maintained contrary to one or
more of the provisions of this Chapter, he or she will give written notice
(“Notice to Abate”) to the owner/occupant(s) of said property stating the
section(s) being violated.
2. Such notice shall set forth a reasonable time limit, in no event less than or
equal to thirty (30) calendar days, for correcting the violation(s), and may
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also set forth suggested methods of correcting the same unless the
Public Works Director determines that the condition constitutes a threat to
the health and safety of any person, in which event, the Public Works
Director may designate a shorter time limit for correcting the violation.
3. The notice shall inform the owner/occupant of City programs that provide
fiscal assistance to very low and low income persons for the repair and
rehabilitation of residential property.
B. Exception for Undue Hardship. The notice shall inform the owner/occupant,
excluding an owner acting as landlord of rental property, that upon written
request of the owner/occupant submitted within seven (7) calendar days of the
“Notice to Abate”, the Public Works Director, in his or her sole discretion, may
allow for a time limit in excess of thirty (30) days for correcting the violation in
cases where strict enforcement of the time limit would result in an undue
hardship on the owner/occupant. In the written request, the owner/occupant shall
state the reasons why strict enforcement of the time limit would result in an
undue hardship.
C. Administrative Hearing to Abate Nuisance. In the event said owner/occupant
shall fail, neglect or refuse to comply with the “Notice to Abate,” the Public Works
Director shall conduct an administrative hearing to ascertain whether said
violation constitutes a public nuisance.
D. Notice of Hearing
1. Notice shall include the property address, parcel number, a description of
the City's finding of a public nuisance describing the alleged conditions of
the public nuisance, methods for abatement, and date of the hearing.
2. Notice of said administrative hearing shall be served upon the
owner/occupant not less than seven (7) calendar days before the time
fixed for the hearing.
3. Notice of the hearing shall be served in person or by certified mail to the
owner/occupant’s last known address.
4. Service shall be deemed complete at the time notice is personally served
or deposited in the mail.
5. Failure of any person to receive notice shall not affect the validity of any
proceedings hereunder.
Section 3.
Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional,
or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their
applicability to other persons or circumstances.
Section 4.
Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 5.
Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three (3) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the State of California.
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PASSED, APPROVED AND ADOPTED
this ____day of _____________, 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
___________________________
City Clerk
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