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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 G:\planning\pa99-045Xccsrnov16 COPIES TO: 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: G:\planningXheritagetrees\eesrsep7 COPIES TO: In-house distribution 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