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HomeMy WebLinkAboutNS 3.63 ORDINANCE NO. NS3.63 AN ORDINANCE OF THE CITY OF SARATOGA REPEALIlqG SECTIONS 8-70 THROUGH 8-77 OF THE CITY CODE AND ADDING ARTICLE 14A TO ORDINANCE NS-3, THE ZONING ORDINANCE, PERTAINING TO TREE REGULATIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1: Article IV in Chapter 8 of the City Code, consisting of sections 8-70 through 8-77, inclusive, is hereby repealed. SECTION 2: Article I4A is hereby added to Ordinance NS-3, the Zoning Ordinance, to read as follows: "Article 14A - Tree Regulations See. 14A-1 Purpose and intent The City Council finds that the city is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees scattered throughout the city; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the city in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. It is the intent of this Article to establish regulations for the installation, maintenance, preservation and removal of trees within the city, consistent with the reasonable use of private property. See. 14A-2 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Tree means a woody perennial plant characterized by having a main stem or trunk, or a multistemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (b) Oak tree means Valley Oak (Quercus lobata), California Live Oak (Quercus agrifolia), and any other trees of the oak genus. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. 1/16/85 -1- (e) Street tree means any tree within the public street or right of way, or within five feet of the right of way. (d) Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The Director of Community Development shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. See. 14A-3 Application of Article This Article shall apply to every owner of real property within the city, and to every person responsible for removing a tree regardless of whether such person is engaged in a tree removal business. See. 14A-4 Street trees (a) Policies and standards. The Director of Community Development shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required as condition of approval. The planting of street trees may be required as a condition of any approval granted under this Zoning Ordinance. (c) Responsibility for maintenance. The city shah provide maintenance for street trees located within a commercial zoning district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the city. In all other areas of the city, the city shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right of way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right of way abutting the property. See. 14A-5 Removal of certain trees prohibited without permit Except as otherwise provided in Section 14-6, it is unlawful for any person to destroy or remove, or cause to be destroyed or removed, any protected tree upon any private or public property in the city without first having obtained a permit to do so issued pursuant to this Article. A protected tree shall consist of any of the following: (a) Any tree having a main stem or trunk which measures 40 inches or greater in circumference at a height of 24 inches above natural grade. (b) Any oak tree having a main stem or trunk which measures 32 inches or greater in circumference at a height of 24 inches above natural grade. (e) Any street tree, as defined in Subsection 14A-2(c), regardless of size. (d) Any tree that existed at the time of an approval granted under this Zoning Ordinance or the city's Subdivision Ordinance and required to be preserved as part of such approval. (e) Any tree required to be planted as a condition of any approval granted 1/16/85 -2- under this Zoning Ordinance or the eity's Subdivision Ordinance. See. 14A-6 Exceptions The permit requirement set forth in Section 14-5 shall not apply to any of the following: (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the City Manager, the Director of Community Development, the Director of Maintenance or a member of the County Sheriff or fire department. (b) City employees. Employees of the city may without a permit take such action with regard to trees on city-owned property as may be necessary to maintain safety. (c) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. (d) Project spproval. Where removal of a tree has been authorized as part of any approval granted under this Zoning Ordinance or the city's Subdivision Ordinance, no permit shall be required for removal of such tree. See. 14A-7 Applieation for permit Application for a tree removal permit shah be made to the Director of Community Development on such form as he may prescribe. The application shall contain the number and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and such additional information as the Director may require. See. 14A-8 Determination on permit (a) Criteria. Each application for a tree removal permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The necessityl to remove the tree for economic or other enjoyment of the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values and any established standards of the area. 1/16/85 (5) The number of healthy trees the property is able to support according to good forestry practices. (b) Additional recommendations. The Director of Community Development may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an independent tree expert acceptable to the Director. (e) Decision by Director. The Director of Community Development shall render his decision within thirty days after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director. Any such replacement trees shall be obtained and planted at the expense of the applicant. See. 14A-9 Appeals Any person objecting to a decision by the Director of Community Development made pursuant to any of the provisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 24 of this Zoning Ordinance. See. 14A-10 No liability upon eity Nothing in this Article shall be deemed to impose any liability upon the city or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon sidewalks in front of his property. See. 14A-11 Violations; penalties The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 2°5 of the City Code. In addition thereto, any person unlawfully removing or destroying any tree without a permit shall be penalized as follows: (a) Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of the size or age of the removed tree, with such number of similar trees as will provide reasonably equivalent aesthetic quality, as determined by the Director of Community Development. All such replacement trees shall be maintained by the property owner under a five year maintenance agreement with the city. (b) Where similar replacement trees will not provide reasonably equivalent aesthetic quality, the Director of Community Development shall calculate the value of the unlawfully removed tree in accordance with the latest edition of the Guide For Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers, and such value shall be the civil penalty for violation of this Article in addition to the penalty prescribed in Chapter 2.5 of the City Code. (c) The violation of any provision contained in this Article during the conduct by any person of a tree removal, landscaping, construction or other business in the city 1/16/85 -4- shall constitute grounds for revocation of any business licensed issued to such person." SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. This above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 6th day of February ., 1985, by the following vote: AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli NOES: None ABSENT: None ATTEST:  The above and fore oing is a true and correct CITY CLERK ~ publish~d acc~l'c;iii~ to aaw. 1/16/85 -5-