Loading...
HomeMy WebLinkAboutOrdinance 303 Tree RegulationsORDINANCE NO. 303 AN ORDINANCE AMENDING SECTIONS 15-50.020,15-50.070 AND 15- 50.080 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Findings The City of Saratoga wishes to amend certain sections of the City Code in order to waive the application fee for a permit for a fallen tree, refund the application fee for a permit for a dead tree, and shorten the processing time to obtain a permit for all applicants. 2. The changes in this ordinance affect provisions of the City's Zoning Regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on February 13, 2013, recommended adoption of the amendments to Chapter 15. 3. The City Council of the City of Saratoga held a duly noticed public hearing on March 6, 2013, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double - underlined font (e.g., bold double - underlined) and text to be deleted is indicated in strikeout font (e.g., strip). Text in standard font remains unchanged by this ordinance. Sections 15- 50.020, 15- 50.070 and 15- 50.080 of the Tree Regulations of the Saratoga City Code are amended as follows: 1. Amendments to Definitions 15- 50.020 - 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) Agricultural tree means a fruit or nut tree grown for the production of fruit or nuts. (b) Approving body means the body having authority to approve or deny an application and includes the Planning Commission and the Community Development Director. (c) Arborist Report means a report prepared by a certified arborist and accepted by the Community Development Director containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) Bond or security deposit means a financial instrument which guarantees a future condition and may include an irrevocable letter of credit or cash. (e) Canopy or tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. (f) Crown means the portion of the tree above the trunk including the limbs and foliage. (g) DBH means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one -half feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference / 3.142 To measure trees with multi -stem trunk, the tree diameter equals the full diameter of the largest trunk plus fifty percent of the diameter of all other trunks on the tree; each trunk is measured at four and one - half feet above the ground while standing on the high side of the tree. (h) Damage means any action undertaken which causes short-term or long -term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over - watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating, paving or installing impervious surface within the root zone of a protected tree. (i) Dead tree means a tree that cannot be restored to good health and has at least one of the following characteristics: (1) is completely devoid of life, (2) has no leaves at a time when it should, (3) exhibits no buds if dormant, (4) is incapable of translocating food and water between leaves and roots, or (5) has a high likelihood of imminent death in the opinion of the City Arborist. (i) (D Destroy means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (j) Uk Dripline means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (1-) 01 Encroachment means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboriculture Commission (ISA) Pruning Standards (2001 Edition), grading, excavating, trenching, parking of vehicles, permanent or temporary storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree. m Fallen tree means a tree that possesses both of the following characteristics: (11 it has, through natural causes uprooted or broken at the trunk or one or more main scaffold limbs to the extent that its structure has been destroyed as a consequence, and (2) the tree, or the remaining portion of the tree that has not fallen, cannot be adequately pruned to restore it to acceptable structure and good health. (1) (n Heritage tree means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. (m) 0o ISA Standards means the 2001 Edition of the Pruning Standards and the Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of Arboriculture. (n) (i Native tree means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and Coast Redwood (Sequoia sempervirens). (e) W Oak means any native oak tree of the Genus Quercus, regardless of size. 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. 2 (p) (r ) Project site means the site of the proposed tree removal, pruning, or encroachment affecting a protected tree. (q) Os Protected tree has the meaning set forth in Section 15- 50.050. (r) Lt Pruning means any and all work performed on or adversely affecting the roots, branches or limbs of a protected tree. (s) (u ) Remove and removal mean the physical removal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other direct or indirect action on the canopy or root zone. (t) Ov Root zone means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline of the tree by five feet or such greater distance determined by the City Arborist. (u) (w) Routine maintenance means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. M Ox Street tree means any tree within the Public Street or right -of -way. (w) W Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The Community Development Director, after consultation with the City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. W Lz Structural pruning means pruning to maintain the size of lateral branches to less than three - fourths the diameter of the parent branch or trunk. (y) as Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi - stemmed 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. W bib Tree fund means a City -held monetary account accounted for separately from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments, civil penalties, bonds or other remedial funds or sources of funds for violations of Article 15 -50 of this Code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15- 50.170, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Development Director, on public properties, streets, easements and dedicated open spaces. (aa) &Jc Tree Preservation Plan means a detailed plan containing all protective measures to be implemented before, during, and, after any encroachment or other activity affecting one or more protected trees including provision for future maintenance, to preserve and protect all trees to be retained on a project site. 2. Amendment to Application for a Permit 15- 50.070 Application for permit. (a) Application. Application for a tree removal, pruning or encroachment permit shall be made to the Community Development Director on such form as he or she may prescribe. The application shall contain the number and location of each tree to be removed, pruned or encroached upon, the type and approximate size of the tree, the reason for removal, pruning or encroachment and such additional information as the Director may require. The application shall be signed by the owner of the property 3 upon which the tree is located and if the applicant is not the owner of said property shall include a statement that the owner consents to the activity described on the permit application. (b) Notice. least trees, notiee shall be given to prepei4y owner-s within one htindred fifty feet at the finie of applioat ten a r^ro a deeisio on the ^°fmi* is made. After making a determination on an application, the Community Development Director shall provide notification of the determin_ati_on to the applicant and residents within one hundred fifty feet of the boundaries of applicant's property, in accordance with paragraph 15- 50.100. (c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 2001 Edition of which is hereby adopted by reference) any given growth period or year of any protected tree. Pruning shall not exceed twenty -five percent of the canopy. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of productive agricultural trees. (d) Notwithstanding the foregoing, either written permission or a permit is required for the pruning of a protected tree the trunk of which is at least partially located on a neighboring property. (e) No fee shall be required for a permit to remove a Fallen tree and the permit fee for removal of a Dead tree shall be refunded to the applicant upon issuance of the permit 3. Amendment to Determination on a permit 15- 50.080 Determination on permit. (a) Criteria. Each application for a tree removal pruning or encroachment 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, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on 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, particularly on steep slopes. (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, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15- 50.010. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (b) Additional recommendations. The Community Development Director 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 ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the 4 Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Development Director shall render his or her 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, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to twenty-five percent to one hundred percent of the ISA valuation of the trees involved at the discretion of the approving authority; provided, however, that any nroiect involving multiple structures or a multi - family structure shall post a security deposit with the Citv in an amount equal to one hundred percent of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements and /or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15- 50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. Section 2. Severance Clause. The City Council declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section, paragraph, sub- paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. 5 Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of March, 2013, and was adopted by the following vote following a second reading on the 20th day of March, 2013. COUNCIL MEMBERS: AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo NOES: Mayor Jill Hunter ABSENT: None ABSTAIN: None ATTEST: DATE: C ys al Bothelio Cl CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY SIGNED/ Jill Hunter MAYOR, CITY OF SARATOGA, CALIFORNIA DATE: - Z `" - l 0