HomeMy WebLinkAbout6.4 Heritage Tree Ord CITY CLERK
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AGENDA STATEMENT
,CITY COUNCIL MEETING DATE: December 21, 1999
SUBJECT:
PUBLIC HEARING PA 99-045: Amendment to the Dublin
Municipal Code, Title 5 to add Chapter 5.60 Heritage Tree
Ordinance (Second Reading)
(Report Prepared by: Anne Kinney, Assistant Planner)
ATTACHMENT:
Ordinance adding Chapter 5.60 Heritage Tree Ordinance to
the Dublin Municipal Code, Title 5
RECOMMENDATION:
Open public hearing and hear staff presentation
Take testimony from the public
Question staff and the public
Close public heating and deliberate
Waive reading and adopt Ordinance adding Chapter 5.60
Heritage Tree Ordinance (Attachment 1) to the Dublin
Municipal Code, Title 5
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.
BACKGROUND:
At a public hearing held on December 7, 1999~ the City Council introduced an Ordinance adding Chapter
5.60 Heritage Tree Ordinance (Attachment 1) to the Dublin Municipal Code, Title 5.
The Heritage Tree Ordinance identifies the species and size of trees that are considered to be Heritage
Trees. The ordinance establishes a procedure for re,viewing and issuing Heritage Tree removal permits
and for the protection of Heritage Trees during construction. In addition, the. ordinance identifies civil
penalties for violations of the ordinance. Refer to Attachment 1 Heritage Tree Ordinance.
ANALYSIS:
As required by the Dublin Municipal Code, a second reading of the proposed Ordinance is necessary prior
to final adoption of the Heritage Tree Ordinance. The Ordinance would be become effective 30 days after
the second reading~
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, deliberate, waive the second reading
and adopt an Ordinance adding Chapter 5.60 Heritage 'Tree Ordinance (Attachment 1 ) to the Dublin
Municipal Code, Title 5.
G:\planning\pa99-045\ccsrdec2I
COPIES TO:
In-house distribution
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ITEM NO.
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 measured at 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.
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:
(I) 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.
(3) Normal maintenance pruning of Heritage Trees shall not require a permit but shall
in all cases be in conformance with the guidelines of the International Society of
Aboriculture, Tree Pruning Guidelines, current edition, on file in the Community
Development Department.
(C)
Tree(s) removal requested as part of the development 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 toremove 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
(C)
(d)
(e)
(f)
(g)
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
falling, proximity to existing or proposed structures and interference with utility
services or public works projects;
2. The necessity to remove the tree or trees for reasonable development of the
property;
3. The topography of the land and the effect of the removal of the tree on erosion,
soil retention and diversion or increased flow of stream waters;
4. The number of trees existing in the neighborhood and the effect the removal
would have upon shade, privacy impact, scenic beauty and the general welfare of
the City as a whole.
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 shall
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 6r Want 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
v,~itten 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 of demolition, grading or building permits. The plan
shall be prepared and signed by a certified arborist and approved by the Director. The
Director may refer to a city-selected arborist for review and recommendation. The cost
of this review shall be borne by the developer/applicant requesting said permit.
(2)
The Director may require that a certified arborist be present on the project site during
grading or other construction activity that may impact the health of the tree(s) to be
preserved.
(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 gading or construction activity is minor in nature and that the proposed activity will
not significantly modify the gound 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 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.
(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.
4
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 plantings, of
the same species. The Director shall determine the size and location of replacement
tree(s). The Director may refer to the recommendation of a city-selected arborist.
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\99-1M5\ORDINANCE.DOC
City Clerk
Mayor