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HomeMy WebLinkAboutOrd 867 Tree Ordiances INTEROFFICE MEMORANDUM City of Palm Desert TO: City Manager and City Council FROM: Director of Community Development/Planning DATE: January 4, 1988 SUBJECT: Tree Ordinance Attached are copies of various tree ordinances used by other municipalities to preserve trees. I will have a draft ordinance prepared for your review utilizing some of the provisions of these ordinances for council comments at its January 28 meeting. 4 7i/ • Al RAMON A. D I AZ o fe `1 DIRECTOR OF COMMUNITY VELOPMENT/PLANNING /tm CITY COUNCIL A.C'TION : E<Pl'ROxiL u '?i P.n r "`G Jar.'[. �^ .-�. ...._,_... - .. • LAW OFFICES OF BEST, BEST & KRIEGER MEMORANDUM It TO: Ray Diaz , Planning Director JA N CITY OF PALM DESERT 41987 COMMUNITY DEVECDp, FROM: Timothy M. Connor - C9TY of PALM DES VitNi Epo, ENI. DATE: December 28 , 1987 RE: Tree Ordinance File #72500 .0000 Pursuant to your request, enclosed is a copy of the City of Coachella Tree Ordiance together with the information from the League of California Cities. If you have any questions regarding either of these, please don't hesitate to give me a call. TMC/mjs 8/7 cc: David J. Erwin City Attorney - r LEAGUE OF CA_ 1 ;,t.. ;I GI_lrJ, yy��� 14C3 K Sacrarrrr.t�. C9' :„--°:• �`,•914 ORDINANCE NO. !I67 RETUFLN IN 2 W:,:E:...:, r'T KD ' I ! 1- AN ORDINANCE OF TIF CITY OF CONCORD AMENDING ARTICLE IV, CHAPTER 3 OF Tl1E CONCORD MUNICIPAL CODE TO PROVIDE REGULATIONS FOR lu E PRESERVA- TION OF HERITAGE TREES THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS: Section 1. New Sections 4308 through 4314 inclusive are added to the Concord Municipal Code, as follows : "Section 4308. Intent and Purpose. The City of Concord is situated in an area which in the past has been forested by stands of oak, madrone, eucalyptus, black walnut trees, etc. , most of which trees have been cut down. The preservation of the remaining trees is necessary for the health and welfare of the citizens of the City of Concord in order to conserve the scenic beauty, prevent erosion of topsoil , protect against flood hazards , counteract the pollutants in the air, and maintain the climatic and ecology balance of the area. It is the intent of this Chapter to establish regula- tions for the preservation of heritage trees within the City in order to retain as many trees as possible consistent with the purpose hereof, and the reasonable enjoyment of private property. Section 4309. Heritage Tree Defined and Designated. As used in this Chapter, "Heritage Tree" shall mean a tree or group of trees specifically designated by official act of the Park and Recreation Advisory Commission, that: (a) has historical significance or has taken on the aura of historical appeal; or (b) are mutually dependent upon each other for survival; or 3 • or site development permit according to the provisions of this Chapter; pro- vided, however, that one (1) permit only need he obtained. Section 4314. Appeals. The decision of the Park and Recreation Advisory Commission or the Parks Director, whichever may be applicable, may be appealed by the applicant or any interested person to the City Council in accordance with Section 2902 of this Code. Section 2. This ordinance shall take effect from and after thirty (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the Concord Daily Transcript, a newspaper of general circulation printed and publi e0 in the City of Concord. j l / • This ordinance was duly and regularly introduced at a regular meeting of the City Council of the City of Concord on October 26 , 1971 , and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council on November 1 , 1971 , by the following vote: AYES: Councilmen - D. Boatwright, R, Holmes, T. Wentling, D. Helix NOES: Councilmen - None ABSENT: Councilmen - L. Azevedo I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed and adopted by the City Council of the City of Concord, California. Anna M. Brown, City Clerk -4- - 1 -3 §9-1.1404 SIMI VALLEY MUNICIPAL CODE § 9-1.1501 • referred to the Commission for a report and recommendation, and the public hearing shall he continued to allow sufficient time for the Commis- sion to report back.The Commission shall not be required to'hold a public hearing thereon. Failure of the.Commission to report within forty (40) days after such referral or within a period of time designated by the Council shall be deemed to be approval by the Commission of the proposed modification. A modification shall be deemed "previously considered" if the modification of the proposed ordinance or amendment by the Council is based upon the issues and evidence initially heard by the Commission. (e) Notices of decisions. Decisions of the Commission or Council, as the case may be, shall be noticed not later than thirty (30) calendar days following the day a decision is rendered.The Department of Community Development shall cause the decision-making authority's decision in resolution or letter form to be mailed to the applicant or appellant, as the case may be, in care of the address appearing on the application or such other address designated in writing by the applicant or appellant. In addition, the authority or agency whose decision is the subject of an appeal shall also be notified of the decision. (§ 4,Ord. 640,eff. August 20, 1986) • Article 15. The Preservation, Cutting, and Removal of Mature Trees* Sec. 9-1.1 501. Intent and purpose. It is the determination of the Council that proper and necessary steps be taken in order to protect and preserve, to the greatest extent possible, mature native oak trees, historic trees, and mature trees, especially where those mature trees are associated with proposals for urban development, in order to protect the health, safety,or welfare of the citizens of the City. (§ 1,Ord.654,eff.January 7, 1987) L^-. .'f-x:T J c y,. ,,":7,%;TOr 7,j'i.11: CITIES .1". :1 i r :'f7.'t,r7 t • rrrtr�e+z�:, i:r;Iifcc R. c5811 1.i 7 ram. 7 .a. . •;3 PLEASE *Sections 9-1.1501 through 9-1.1510, as added by Ordinance No. 640, effective August 20, 1986, amended in their entirety by Ordinance No. 654, effective January 7, 1987. l O / I U 4 Reprint No.23 - March 31, 1987 390-177 • c 6` • - • §9-1.1502 SIMI VALLEY MUNICIPAL CODE § 9-1.1504 • Sec. 9-1.1502. Scope. The provisions of this chapter shall apply to all mature native oak trees,historic trees, and mature trees,where those trees are associated with proposals for urban development, on all public or private property within the City, except as specified in Section 9-1.1509 of this article. (§ 1,Ord.654,eff.January 7, 1987) Sec. 9-1.1503. Definitions. For the purposes of this article,certain words and phrases used in this article are defined as follows: (a) Historic tree shall mean a living tree designated by resolution of the Council as an historic tree because of an association with some event or person of historical significance to the community or because of special recognition due to size,condition,or aesthetic qualities. (b) Lot shall mean an area of land created or established for purposes of sale, lease, finance, division of interest, or separate use, separated from other lands by description on a final map or parcel map. (c) Mature tree shall mean a living tree with a cross-sectional area of all major stems, as measured four and one-half(41/2') feet above the root crown,of seventy-two(72)or more square inches. • (d) Native oak tree shall mean a living tree of the genus Quercus and species lobata,agrifolia,or dumosa,or hybrids thereof. (e) Associated with a proposal for urban development shall mean any land area for which an application for an entitlement,other than for a zone clearance, has been filed and is pending consideration by the City or has been approved but the related project or applicable phase thereof has not been completed. (§ 1,Ord. 654,eff. January 7. 1987) Sec. 9-1.1504. Prohibition of removal. No mature native oak tree or historic tree,or mature tree where such mature tree is associated with a proposal for urban development, shall be removed, cut down, or otherwise destroyed, except as provided for in Sections 9-1.1507 through 9-1.1509 of this article. (§ 1,Ord.654,eff.January 7, 1987) • Reprint No.23 -March 31, 1987 390-178 ; i•Ma y'. r�.T §9-1.1505 SIMI VALLEY MUNICIPAL CODE §9-1.1505 Sec. 9-1.1505. Guidelines for o reports on mature trees associated with proposals for urban development. • (a) Where one or more mature trees are associated with any proposal for urban development, the Director, or his designated repre- sentative, shall cause a report to be prepared on such trees. (b) Tree reports shall be prepared by an arborist, horticulturist, • or registered landscape architect. (c) An applicant for a proposal for urban development shall provide to the City the precise vertical and horizontal location of each mature tree on the subject parcel or within twenty (20') feet of the project boundary. (d) Tree reports shall include the following information: (1) Tree type by common name and genus and species; (2) The diameter of trunks or main stems as measured four and one-half(4'.6.') feet above the root crown; (3) The average spread of each tree; (4) A letter grade for the health of each tree. Grades employed shall be "A" for outstanding. "B" for good,"C" for average, and "D" for below average; (5) A letter grade for the aesthetic quality of each tree • employing those grades defined in subsection(4)of this subsection; (6) The disclosure of any significant disease or insect infestation, heart rot, fire, mechanical or wind damage, or stump regrowth; (7) Recommended tree surgery, chemical treatment, or other remedial measures intended to improve the health, safety, or life expectancy of the tree;and (8) The replacement value of each tree shall be established and provided to the City using the most recent edition of the "Guide for Establishing Values of Trees and Other Plants", prepared by the Council of Tree Landscape Appraisers. (e) The Director, or his designated representative,may waive the requirement for a tree report or may waive the requirement for the survey of one or more trees based upon a judgment that the trees would have little or no ornamental value in an urban setting. (§ 1. Ord. 654, eff.January 7, 1987) • Reprint No.23 -March 31, 1987 390-179 §9-1.1506 SIMI VALLEY MUNICIPAL CODE §9-1.1506 • Sec. 9-1.1506. Guidelines for the preservation of mature trees in association with proposals for urban development. (a) The initial project layout, design,and grading shall recognize the desirability of preserving mature trees with appropriate modifications and adjustments to accommodate preservation and maintenance by locating the best candidates in areas where preservation is feasible. The design of the grading and other improvements shall reflect consideration of the following safeguards: (1) Location in minimum growing areas as required by individual species; (2) No disruption or removal of structural or feeder roots; (3) Fencing of trees at or beyond their drip lines during grading and construction activities; (4) No filling, cutting, development, or compaction of soils within the drip line;and (5) Such other measures required by the species of tree to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect. (b) It is recognized that the complete preservation of healthy trees • may sometimes conflict with normal land developmental considerations, such as proper drainage, grading, circulation, safety, and the provision of utilities. Within a given development, it may not be practical to preserve all healthy trees, and therefore the City and the developer shall be willing to compromise the goal of complete tree preservation in order to address other public safety and design concerns. In such instances, the design of the development should address the preservation of the most desirable and significant of the healthy trees, and the developer is encouraged to utilize creative land planning techniques to achieve this end. (c) The Commission. when reviewing development plans, shall determine the adequacy and appropriateness of the proposed preservation plan. Following the approval of such a development, the developer shall submit grading, improvement, and precise landscaping plans detailing the approved preservation plan. Such plans shall be approved by the City Engineer and/or B / the Director, as appropriate. Prior to use inauguration, the preserved trees shall be trimmed for balance, structural integrity, and ornamental appearance. (d) Preservation of blue gum trees (Eucalyptus globulus) is not required within parkways, medians, or planter areas of less than twelve • Reprint No.23 -March 31, 1987 390-180 • • .._ ;_ • • §9-1.1506 SIMI VALLEY MUNICIPAL CODE §9-1.1507 • (12') feet in width, exclusive of sidewalks, adjacent to buildings,or within lots with single-family detached residences closer than seventy-five (75') feet from the nearest structure intended for human habitation. (e) The precise vertical and hortizontal locations, plus or minus one foot of all mature trees, shall be shown on an exhibit as part of the initial application for any project, unless such project would involve no exterior construction activities. (§ 1,Ord. 654, eff. January 7, 1987) Sec. 9-1.1507. Tree removal permits. The Director shall give priority to the inspection of those requests based upon hazardous conditions. The Director,or his designee, may refer any request to the Commission for a determination. (a) Permits required. No mature native oak tree or historic tree, or mature tree where such mature tree is associated with a proposal for urban development, shall be removed, cut down, or otherwise destroyed, unless a tree removal permit has been issued by the Director. or his designee. The Director shall establish the format and information required for a tree removal permit consistent with this chapter. (b) Site inspections. Prior to the issuance of such permit the • Director, or his designee, shall inspect the premises involved and shall designate the trees to be removed or moved. (c) Inspections required. No tree removal permit shall be issued for the removal of any tree on any lot associated with a proposal for urban development, unless the project has been approved by the City or unless the Director, or his designee, determines that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services. (d) Permits with no project. Where trees are proposed for removal which are not associated with a proposal for urban development, the Director, or his designee. may condition a tree removal permit upon the replacement of certain trees. Any applicant for a tree removal permit shall not be required to expend more on the replacement trees than the • appraised value of the trees for which a permit is required. (e) Tree value appraisal. Where trees are proposed for removal which are associated with a proposal for urban development,the Director, or his designee, shall cause an appraisal of the value of such tree(s) to be prepared. The resulting value shall be applied to upgrading the size of the • Reprint No.23-March 31, 1987 390-181 :. °• P. ' • 4 §9-1.1507 SIMI VALLEY MUNICIPAL CODE §9-1.1509 • • tree plantings associated with the-project. Trees for which no tree report has been required pursuant to subsection (e) of Section 9-1.1505 of this article shall not be subject to appraisal or replacement by value. (See Section 9-1.1510 of this article.) Tree replacement. (f) p acement. In no case shall an applicant for a tree removal permit be required to replace or otherwise pay for the value of any tree which the City has directed the applicant to remove so that a public street may be constructed along an alignment determined or approved by the City Engineer or where adequate line-of-sight distance may be achieved in order to assure public safety. (§ 1,Ord. 654,eff. January 7, 1987) Sec. 9-1.1508. Standards for granting or denying tree removal permits. The determination by the Director, or his designee, to issue a tree removal permit shall be based upon the following criteria: (a) The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, interference with utility services, or. in the case of a mature native oak tree, interference with an addition to an existing single-family • detached home; (b) The necessity to remove a mature tree in order to construct improvements which allow economic enjoyment of the property; (c) The number of mature trees existing in the neighborhood; (d) Good forestry practices, that is, the number of healthy mature trees a given parcel of land will support; (e) Whether or not the removal of the tree is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way;and (f) The suitability of the tree species for use in an urban area. (§ 1,Ord. 654, eff.January 7, 1987) Sec. 9-1.1509. Exceptions. The following are exempt from the provisions of this chapter: (a) Emergency situations. In cases of emergency where the • Director of Public Works,or his designee,or any member of a law enforce- ment agency or the County Fire Protection District, in the performance of his duties, determines that a tree poses an imminent threat to the public safety, or general welfare. If conditions and circumstances permit, the public official shall consult with the Director, or his designee, prior to orderingthe removal of any mature tree; • Reprint No.23 -March 31, 1987 390-182 .: ACS.,:t.: • • . • ♦ b „JP- ' l §9-1.1509 SIMI VALLEY MUNICIPAL CODE §9-1.1511 • (b) Traffic Engineer. The removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the Traffic Engineer; • (c) Public improvement damages. The removal of trees from within the public right-of-way which, in the opinion of the Director of Public Works, or his designee, will cause damage to existing public improvements; (d) Public utility damages. Actions taken for the protection of existing electrical power or communication lines or other property of a public utility; (e) Nurseries. Trees planted, grown, or held for sale by a nursery; (f) Park district. The removal of trees on property owned by the Rancho Simi Recreation and Park District as authorized by the District; (g) Ventura County Property Administration. The removal of trees on property owned by the Ventura County Property Administration as authorized by said agency:and (h) Pruning and trimming. Pruning or trimming which does not endanger the life of the tree. (§ 1, Ord. 654, eff. January 7, 1987) • Sec. 9-1.1510. Procedures for establishing the value of trees. The Director, or his designee, may condition a tree removal permit for the replacement of the tree. The replacement value shall be based upon the most recent edition of the "Guide for Establishing Values of Trees and • Other Plans", prepared by the Council of Tree Landscape Appraisers. The applicant for a tree removal permit may submit an appraisal prepared by a horticulturist, arborist,or licensed landscape architect. (§ 1, Ord. 654, eff. January 7, 1987) Sec. 9-1.1511. Appeals. Decisions of the Director may be appealed to the Commission. Decisions of the Commission may be appealed to the Council. Appeal procedures shall be those specified in Article 11 of this chapter. (§ 1,Ord. 654, eff. January 7, 1987) • Reprint No.23 -March 31, 1987 390-183 Z a . ` � , `_ ,t 3 de -31 §4-12.01 PACIFICA MUNICIPAL CODE §4-12.02 • • CHAPTER 12. PRESERVATION OF HERITAGE TREES Sec. 4-12.01. Purpose. (a) It is recognized that the preservation of heritage trees on private property is important for the following reasons: (1) To protect property values; (2) To encourage and assure the continuance of quality development; (3) To protect and conserve the attractiveness and aesthetic and scenic beauty of the City; (4) To protect the environment of the City; (5) To aid in the reduction of air pollution by protecting the known capacity of trees to produce oxygen and ingest carbon dioxide; (6) To help reduce potential damage from wind; (7) To provide shade; (8) To act as a noise buffer;and (9) To assist in the absorption of rainwater into the ground, thereby protecting against potential damages from soil erosion and flood- ing, as well as reducing the cost of handling storm water by artificial means. (b) In order to promote the health, safety, and general welfare • of the citizens of the City, while recognizing individual rights to develop, maintain, and enjoy private property to the fullest possible extent, it is necessary to enact regulations preserving trees on private or City-owned property within the City. (§ 1, Ord. 333-C.S.,eff. May 26, 1982) Sec. 4-12.02. Definitions. . For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "City" shall mean the City of Pacifica,acting by and through its authorized representatives. (b) "Director" shall mean the Director of the Department of Community Development and Services of the City,or his designee. (c) "Heritage tree" shall mean and include: (1) A tree, exclusive of eucalyptus, which has a trunk with a circumference of fifty (50") inches (approximately sixteen(16")inches in diameter) or more, measured at twenty-four (24") inches above the natural grade;or (2) A tree or grove of trees,including eucalyptus,designated S E. `�AGU T OF CATJTrORNIA CITIES J l;.. 14n0 K Str'et Sacramento, Ca13`ornia nr21 4 Reprint No.22-August 31,1982 RETURN IN 2 WEEKS [ Sh 10/ t ) i • Y:v §4-12.02 PACIFICA MUNICIPAL CODE §4-12.05 • by resolution of the Council to be of special historical value or of signifi- cant community benefit. (d) "Owner" shall mean the owner of the real property on which • the tree is situated as shown on the most recent County n y Assessor's ss ssor's tax roll. (e) "Person" shall mean an individual, firm, association, or corporation and its agents,employees,or representatives. (f) "Private property" shall mean and include all property not owned by the City or another public agency. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) Sec. 4-12.03. Council designation of heritage trees. (a) The Council,by resolution,may designate a tree or a grove of trees as a heritage tree. (b) The Director, landowner, or any interested person may request that a tree or grove of trees be designated as a heritage tree. (c) The City Clerk shall notify the landowner in writing, per- sonally or by certified mail, at least ten (10) days before the Council intends to designate a tree or trees on his land as a heritage tree. Notice shall be waived if the landowner requests the designation. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) • Sec. 4-12.04. Permits required to remove or destroy trees. No person shall cut down, destroy, remove, or move a heritage tree growing on private property or City-owned property without a permit. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) Sec. 4-12.05. Applications for and granting of tree removal permits. (a) A person who desires to destroy, move, or remove one or more heritage trees on any private or City-owned property shall apply in writing to the Director. Such application shall contain the number,species, size, and location of the tree or trees involved, a brief statement of the reason for the requested action,and other pertinent information. (b) Within fourteen(14)days after the receipt of the application, • the Director, or his appointed representative, shall inspect the premises and the tree or trees and shall issue a proposed decision determining which, if any, trees may be destroyed, moved, or removed and setting forth the conditions to be imposed. (c) The granting of such permit shall be based on the following criteria: (1) The condition of the tree with respect to disease,general • health, damage, public nuisance,.danger of falling, proximity to existing Reprint No.22-August 31, 1982 248-19 • ) §4-12.05 PACI FICA MUNICIPAL CODE §4-12.06 • or proposed structures, interference with utility services, and its ability to host a plant which is parasitic to another tree which is in danger of being infested by the parasite; (2) Whether the requested action is necessary for the economic or other enjoyment of the property; (3) The topography of the land and effect of the requested action on it; (4) The number, species, size, and location of existing trees in the area and the effect of the requested action upon shade, noise buffers, protection from wind damage, air pollution, historic value, and scenic beauty and upon the health, safety, prosperity,historic value, and general welfare of the area and the City as a whole; (5) The number of healthy trees the parcel is able to support;and (6) Good forestry practices. (d) The Director may refer the application to another depart- ment, committee, 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) In his proposed decision on an application for such permit, • the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter. If a permit is to be denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for the denial or conditions. The Director shall give priority to those applications based upon disease or hazards to persons or property. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) Sec. 4-12.06. Emergencies. (a) In the event the condition of a tree requires immediate action for the safety of life or property,the tree may be removed upon the order of the Director or a member of the Police Department or Fire Depart- ment. (b) Employees of the City may take such action with regard to trees on City-owned property as may be necessary to maintain safety. (c) Public utilities subject to the jurisdiction of the Public Utilities Commission of the State, without a permit,may take such action as may be necessary to comply with the safety regulations of the Commis- sion and as may be necessary to maintain a safe operation of their facilities. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) • Reprint No.22-August 31, 1982 248-20 §4.12.07 PACIFICA MUNICIPAL CODE §412.10 • Sec. 4-12.07. Preservation and maintenance of existing he ritage trees. (a) When proposed developments encroach into the• drip line of a heritage tree, the Director may require special construction to allow the roots to breathe and obtain water as a condition for a building or zoning permit. (b) The existing ground surface within four (4') feet (measured horizontally) of the base of a heritage tree shall not be cut, filled, com- pacted, or pared. Tree wells may be used where advisable. An excavation adjacent to a heritage tree shall not be permitted if material damage to the root system may result. (§ 1,Ord.333-C.S.,eff. May 26, 1982) Sec. 4-12.08. Building permits. If an applicant for a building or zoning permit would require the destruction, moving, or removal of a heritage tree or trees, the applicant shall be required to obtain a permit under this chapter for the removal or destruction of a heritage tree. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) • Sec. 4-12.09. Notices of actions on permits and appeals. (a) The Director shall give public notice of his proposed decision by: (1) Posting a notice on the tree or one of the grove of trees; or (2) Delivering a notice in person or by first-class mail to a person who has made a written request to the Director. (b) Within ten (10) days, the decision may be appealed to the Council by filing a written notice of appeal with the City Clerk. (c) The Council shall fix the time and place for the hearing of the appeal and shall cause the City Clerk to mail a written notice of the hearing to the appellant and the persons mentioned in subsection (2) of • subsection (a) of this section at least five(5)days before the hearing.The Council shall determine all questions raised on the appeal,and its decision shall be final. (d) If no appeal is filed, the Director shall act on his proposed decision. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) Sec. 4-12.10. Exceptions: Projects requiring discretionary zoning permits or approval. • Any project or development proposed for property on which a heritage Reprint No.22 -August 31, 1982 248-21 • • J r §4-12.10 PACI FICA MUNICIPAL CODE §412.10 • tree or trees exist shall be excepted from obtaining a permit from the Director providing the preservation, removal, or replacement of the heritage tree or trees is addressed in one or more of the approvals for any such permit or zoning approval. (§ 1,Ord. 333-C.S.,eff. May 26, 1982) • • Reprint No.22-August 31, 1982 248-22 °+ u 414I t ji r -)+tatvr Jrt rye� i,j)i.• e. litr`•►.:;x'"y i,,,, 1••11_..,A, - :O (.r , i',T r • "r z -', -r : ,Nt-4',�'St,.,,,*.r.. czrn l' -., t.ies .- „v.:,,k Y L ,� �'r�,�r � 'A� �A �y',4 y„'Q• Y[ ,,�c{' � i""' ,n✓�;14r � ,,,, ^F,�x `Y:1 , .w � .' , 1� t`'�‘`,1G .,� ,�. ,t s` s >•ru i'Yyd`;- •�, ' r- , : .� " s&tiT t.kn �j�,�> doe W r r � ,`yam z._/..� :`.�.,K� "- +,sc �,r✓z+p• ' ,� 1 .�.�c'e �r � � �4"f► �Y x 1rt�tl2. „+ � '. j� w'/' X�,.'4, { ;,:„4„ • iR•' z , ,,. art I" y y ,-1 L..A ♦t 744k .�Yr ���tt'�j ,+{1 }•H,'vi•yir).(41 ^�1 ��'.,,,ddttr'� �jp4{ Zr Y ilfl4r, .l �Ci `N'_�r•.u.«�►:j z t,/ .1 . • {'r.7'..- ,•rZ: b ••stJ, M{, ,• {`xrZ VIA•t,,~r y t 1 ti.r.. ,it xi. `��.� iI r;,; '� •t "'a ti:�ir is�L�^�' a R.,P , �. 'M +�MA. (..tif % f�4• 4) rind,- ,t'�..1/0•5"?.P. t i.51.�C-�t,� lrk !7 1 4. Sr r ?1•• •• ., r- L FAa .4:*- • cat:. ,' { Ya's sjT•b t1 3.'z`x•x etyce r•3.r • •y.; • r er �.•Ly,,r/�,.r+,• Crro ,',}tJ , J tf,� „: TTTT- +}�.�,}- „ r, e �` �•�- k ' d.. .. 111 1 1 ♦v • 'l,,y''� ``� Z.�f ,,,,1 wl is lk�... R1 .s rUr,ry�Y, 4 'Aa`l�'".�!+,yj,41 � �:'7urrsjS't �. 1 © '! `'� .w T'.�'v.,' r}7►� ''ss avers �,,..K., .4. - i ,, ,.4*...Y4.' Y• f .- P� -t f }a4y'T ,'4.s 11 -4iy' # _' ' :�S6t f..,N.'. ��&„_.F"1 t'dA '4,?';�•9•�'lr 4 'i!ri• ^+ i fri b r s1 °y " r. .1: viY� si�� , ` - arr.- _•Y2�,Akm, *fir, , r ,,:t4 r. r..: 4 • § 104.01 AUBURN MUNICIPAL CODE 10� .0 4• ,';t; ?,'"w.k .. ".z1'. f ,2, l•.'. , ,r,s , r l Cox (r `--.i ��}} r � �,. �,,.� ,�ir.YY.� .�s��- CI) CHAPTER 4. HERITAGE TREES .'�io� KJ Yk1 i 'ey, .eff}'�T',F .j r•. • �'I Sec. 10-4.01. Intent and purpose. .,-Yt y.,,�r-y�!�a'S'i.%.f�v 1, fR2 F' J1Y1T� � � r� P 'C . ---44-��J ri. 7rY "YttL r•`,Yy l., •, w This chapter is adopted because the City has many oak, pine, and ; x..,� ;f tif�r��-`�v. y>,- /j.44� 2•«.,..f/ f A IA = r` other trees the preservation of which is beneficial to the health and wel- Y '�,::-.Wt,r,`.ti1.- s,.:K M�' h4 ' :a4 fare of the citizens of the City in order to preserve the scenic beauty,pre- .-- ',`.� �A { `)- = 4 .r� x•`�;•. ..• `( ;�f,,,' � ? 1., vent soil erosionprotect against flood F r " ; r -. , B hazards and the risk of landslides, `; �" *'rFy,,t ; ,. 'Y z ,r . f.:, • , counteract the pollutants in the air, and maintain the climatic balance ,c x y + , n; ;. :1 within the City. . "•''a T ' ' • }' �` '` "" ,.� It is the intent of this chapter to establish regulations for the `; ,� ':, fr. removal of heritage trees within the City in order to retain as many trees ` . ,. `' as possible consistent with the purpose of this chapter and the reason- .• i_ r , .� •`r i E. •w +� P rP P �� .. jam,. ♦ .:,te.7 . �'d'i ,. ,-4 N X1 :;; ;, . ,.7,, .,,r_5f�,��,',-.5•.'/. �,,,r, �., able economic enjoyment of private property. ; r • ' .i r f ; �r• �' 4) w ... (Ord.783,eff.May 11, 1983) r • _. �,., ,,.y;, ' -� ,D -� Sec. 10-4.02. Heritage trees defined. a L j C1 ' v" f-'+ As used in this chapter, "heritage tree" shall mean any tree which is rY • •-• 1`1 twenty-four (24") inches or more in diameter measured four (4') feet six ` r r `•{ }"l (6") inches from the round. The diameter shall be determined by divid- ' l s ,,"� /' ""?u ��`,' -t ',f' ' ing the circumference by three and 14/100ths(3.14). s t,sN. *y ." -r, ? ;, (Ord. 783,eff. May 11, 1983) � ' .:< Sec. 10-4.03. Removal prohibited: Exceptions. ' sr=' r .., y i` '``,;'� � It shall be unlawful for anyperson to remove, or cause to be +, ,� removed any heritage tree from any parcel of property in the City as � � �x ' � f< 1" set forth in Section 10-4.06 of this chapter without obtaining a permit r. �µ•,s ti �f ,S � � .;�.' .k � a from the Director of Public Works. R '` r` r No such permit shall be required for the removal of a heritage tree r�.y A- .- 'y r * y i I • determined to be hazardous or dangerous to life or property in -r: .+'r.'r d's a .t r emergency situations as determined byanyof the following: �v�`xr y' tt ';t� k�`�d ,,a,�w,,,.s M��,,1 8 Y g: �Lw � y,r1€,, �+* t n �; (a) The Chief of Police, Lieutenant,or Sergeant; e. e4 .�; 1, .•Pt #y,, (b) The Fire Chief or Captain;or ,_ + ��.< "3 H�.ni' .•fit (c) The Director of Public Works or foreman. t ..,;)^ z~ h•.�',y:� . r -.r'�{i •4 No suchpermit shall:-be re uired for the removal of heritage trees, 4 r q. g ,yb,`,. �•a:1.?i ,,Ist"--11:?„Zf?U,N .'ice`ttrt lR/ *w,, s �,�,; K }'�- • or trimming of such trees, by any public utility when such heritage tree -;- �, f ' -`.; ri +r�, • ;�'_ is determined by a member of such public utility to create an emergency 7^�`-�i..p.3�'"•L• ri)2 Y •''kr;.' g •jK,17>li'}r: 3,�-i4:. dam, . "4;;.- ,,fit • situation by actually interfering with the safe and efficient operation „'` v,, ,r ac }zsa, of the public service provided by such utility. fi � sey`�, t'scfle ;= ;•`'l (Ord. 783,eff.May 11, 1983) ' `'��` ``-" ' Sec. 10-4.04. Removal: Permits. y ''h 1 ,- �rj .. ` yr u `� �.wc r c..,.# Except as otherwise provided in Section 104A3 of this chapter, •- ^s^v.LC u 4 Z r .j r ie wYd. •;''may{-.,;�'` i4;,.,, "-`^`•y Y=r ,• g i•' any person desiring to remove one or more heritage trees shall apply !�+ '9`P r` ; rsytis r u*�1 ky. g PP Y Y rjj °q ` � x , • `A. Reprint No.11 -June 29, 1984 �-: 4-Sys. ;s °� 449-6 -fit! . ••• ..▪f„•a Y fir 7 t +r - > + '-.p' , •,' •1` <w. < i • �'d- i ♦' ▪ i• " 7!' ti 3 , y it 4 1 r 1k t y r.. Y 1 , �, Y• , i � `:�/'•� w+t .,tom c�'.♦t •K I-'f7!` ^.�`�.�.-�. f�� 'r# n v`• ,y� +?�iy!'"y yi ` s. � y /r At♦ i , �.54 L'arl'Y1•'•f a,•«:r ram'•';� ratiY' •� ,' -1.-a--.• i .• 'llete7,:it1-r�'T'2`SY'•Htl�"k Fx +bF k.v. -4 , 7 • e . :rt'� it r: r ,3• r'•}^,.- 'y,' .}H,.'S' b•1• C'L,. •-•-7;�•'<�t . ' •.;X•i;. ` ..r 44r 1. - a'f'k a` q) 1.,ii`5 StY.y 1 '' 'ttc�'*rry,:,.ti 4 ^r " Yy�'S': >• 1,'? ..A.,: �!.`1+r y)i: -J' fir° •, ,rr r:•r.. .r`�,�2., .' '+ ! ���''� ''F:l;.`!'3 i y,."5dji.� i �}+"'��;�' l'"K„, :r• :.; 1 f t'.1 n� ` >l��'.;�•. �,.,�'�'�r S��.w .1r n`:,4'ic , x hey 4 A.14, ;�' a S J� •f 3s •' 3 arf4ti r—, .t s• !t.ff. ;a.. ,•� !•� �(• f,;�1ti 1� �� � l�ii `iC{t.�. {g�,�yy��2r•a �uf.t!�..� A °• _ F r•. , ,.Y a .F, lyb�,. �:tr''...: .�X o� ,�•'rMh� Y rr � 1.3..1-' :' ►(`�• 4','•t' "! 44. t a••�+n;g.. .{ .'t 't .•Y1: '_T7Y"t'xt4wi f c•."4 - k< - ,r.7 --ro r�.v�t -,''1, .0,4: -.-•_ ;:,. ,„,it:'i, t'ii• La rP')t:�:� ��' '�';'• � ,�t«,r .N' �y t -�+ ' 'h1t � ��,y. ,s r �..� �',� ,: ,�, .gti,i�+,•�, rxe,,,:t• a`r''w ie. .► H ra.•' t 4,, .t4 1. sirie i•�?r F tir .t T ,l'tyiY; .y �� ,t N ! . f, •'i Thq `,11 ••',;1*..?"g•` �t fik,:t N-s"',1,i I. �a •A 4, `4;:, ' _ - • vR, ' Pik M v �'.*�>44 y4. •t ♦ is r;� '•l .e fi r L ,ie: 't. per' ? "rt M r }• y i Y<} t _y,-�, +!?Z s�.'g' x. k5 •4Y �,,la�?,� "7 y �y ,,,� i.�. 4 a t�''' l •< ..• x. S ••�{ ✓., ST+(.1 Y , y.. r �xft�-'F�7'?' ySw it ,. s:G '4! w •�)• ,r �r + ) �` � '• .�'J�• y�}.(r'�p i ,A• S ` ♦Y.J '' r A{}S W n t►al!}fw 1'.I F - l '�f I r: ,J� h ,2,.L�LN h.d • < r4, 't r • .r17'' n _ w 1 •�'L.*r1y ! e,, ^k} •• r , f • s a ,(`,a : 1 a,. �- .e,w r.. fX,:, -•e r`'• "^^"eff,. aF� a 2 tf st+ C't,,,,U aka��J'Z-yr rn ,rw•tY.,,q xr. .; .. :•. .t s ti ,.y _a z •'j•...�.. '.Cram*.+s ;•• air{ti,4y i'i, �^ F w'•sAtt i.. su+r1 • "r i J�a ,:'' .. i .. !. j •• 7-1- � • '\* Iri•tv?`1, sFi,4k•4▪ .�.4.4 4, 30 i tip`, 1,Js g.4 *ld , �''•r PI' r.T.m''i 2 «•Li►r fir ti.�. 3 's.ftk + 4,1 , J`Gl9�yeu• i�' 141Cw.4e } . �♦ ..7+, . } . �i .j?�.�+.r gtjh� • • $ ��,�t,r ,�J�• 4`�y ;i y++gip �4�• 4/� (t� ti ;� § 104.04 AUBURN MUNICIPAL CODE § 10.4.06 .0 , ky � e,▪ T• �„.. • {a,, 7.t :• -, 5 44':t'�''+'; 4 tnf.:fiti'Sr'isy"y h.t Ci to the Director of Public Works forapermit.The application fora permit � a .r ' 4PP •-•r '' , �` shall be made on a form provided by the City and shall include the number • and location of the trees to be removed by types and the reason for the y..4f. ,. "f,�x.•f,,r., t r r.� {rc'rr r,. 7;�, J� t,. e4 ��S �;» tf r fP removal of each such tree. � . , '4)11, ,.,. s $, ' ,tiy .s 4�;rt -f4 The Director of Public Works shall review each application and shall j` * ' 'r:-t` vrY3M> _ 4,''j rJ�A determine: • f �t''"�..-. . " •'X ; z;::7 `j 4 a,'r (a) The condition of the tree or trees with respect to disease, -.; ,1 f,-? +•:r • • r danger of falling, proximity to existing or proposed structures, and inter- K••, ,.Yt1> ,'n ' ` ference with utility services; ,` y�• .y ,-, (b) The necessity to remove the tree or trees in order to _�, �, < construct any proposed improvement to allow the economic development �„ :;, , of the property;and ,'�{; iYr s•t. c,,�,,y t , r'- .� (c) The topography of the land and the effect of the removal of `t'yAi��,y;,,, �titi2 �•;!„•,,;,x«.,•' d� the tree on erosion, soil retention, and the diversion or increased flow of ,,s� " a; , a,t,.�y ' >:- 4 -�;•r��: s surface water. ,,, �M; y'"f... �a ;y t;r eY 1 The application may be approved, denied, or conditionally approved • %.2t • + -'' by the Director of Public Works upon consultation with a tree expert. ,, . <ra ,�:„� ..a`b .P' y�•, • 'F n In reviewingsuch applications, the Director of Public Works shall give e:r, i , ,fr» .fix' a,`r , =`�,� priority to the removal of trees based on hazard or danger of disease. A".•r ,rc ., 11.Ty . x�~ r tar r. `., �•,� :s;i.., , 3 x�� :Pi F (Ord. 783,eff.May 11, 1983) f '7,,,'1, r • ) +ii+ 1`r:i f,iia' y ' k ,e•ar r,� .r X x-.., �;; {r, ''• Sec. 10-4.05. Grading and paving: Permits. `~` '. ::>K'� •''',, i.�'.7 '' ` <�� Any person proposing to grade or pave around a heritage tree shall • -ti r" '`f L'i• 3r�` �'=`':•?f ;�� .' +` �" first apply to the Director of Public Works for a permit. *Zi , • "Nro.J� The Director of Public Works shall review each application and shall 1.Y 7?:: akL`"'` ,` s;,rt 'J f. determine: ./ tr 3 arse a�r.}"Jat`' n rr"4-�Sr`` ' ; c i� b!!; 1y (a) The extent of cut or fill in proximity to the tree wherein .i._„1�Sr v���'r:�,1y! 6,i�r•�4,LC;t y4j'a�� 'th via`;41,4) �'�'+i,/.4: 4IK:, .,4 w%''' 'lt'S'n damage or death may result to the tree;and t• N! HI 4 Y < ! . ! L #tea ir},y ! ,qa}1k ,N,c.'y f,em s ,.• ; (b) The limit of any paving in proximity to the tree wherein �, �,�� ,,u �,i�<rv��ra;4l..,�,..,�, ��1;.a,; damage or death may result to the tree. c r ' • -' ''-t'?'"'' '`.. r`5�M lti (Ord. 783,eff.May 11, 1983) r...c he s4f'r t,�• �►��t"��'' iTtoEjA.41. �- j'4 •t K• .,efi,y,;? ,,�, ', '' '� Sec. 10-4.06. Applicability. ,�'�' F h°', : '' ~ ti .�`'" r Theprovisions of this chapter shall apply to anyowner of anyparcel s ,•, '<4.�i:,,,. �{*• r,,,•R„ , r,, P PP Y ;;,` :. !� it# '�`:f--7,,r,�-''<-:1 of land in the City proposing to remove a heritage tree in any of the fol- .T 0+'� . ;rt o--, ':;- lowing circumstances: »ems rs�fi �:+7a �x� s Y�7c� �'+- • ,,, �,�+, ,+;.,, (a) Obtaining a building permit for the construction of a struc- • s ,i 7 :4r 4”':i 4 d7� .: .X. ture. In cases of conflict between the proposed structure location and a -1'~ 'it zy i x Nr:r 0 heritage tree, all reasonable alternates shall be considered as to the struc- Iti ' "a;.r•.t 1>,�a.a 7 t� Yf• .>`., ture location prior to the removal of a heritage tree or trees; Pi. e1; .4 11; r 1• ; • ,r�t;,� (b) Proposing a lot split;or ids• i • ,!A=• : r ti•`mot,;;'-.4, » (c) Proposing a subdivision. \iL• w,,. ♦r'y;3- �,++4. ��err} .? 7 ; *4 a t '•i r ♦ t _^a, rJ♦ Yt• •,{`it',,J' , S".-, a..t•`ti`^S°.+ 1q ` �'t rt.. a1r•!t''"n al r*� •a. t+,'. '" •;Y= i ,yn,�_ �?, �,,t , •,, ,•� f• Reprint No. 11 -June 29,1984 ?; �<' ` j t �`%.�-rl�a%,+�`_,;'n< 449-7 • Y. ♦1 t• r 1 L c% } . brtr �.v roi• J• ▪ - , • -t '' j }r i. { t �e +A+ C ( . y',,ati *, • • 4. 1' t,r' C . .i • � 7 / r 5 -, . 1 ! ,tt ' i+ ' . ,t-,v4 (g,. tiyti y. jr` �`) '� 4t milrit :ii, . tf ;: ''Olt .'l .ArC',V.r. t rM lr ,y t-.R: jif y ,, . 1 .it ,14,. f(: iV7Pf.4.1V. ...X7' t ' r J''•r t Af j •ly.L Jk+ tI) '; +��na '. fi1,t, yl. -",.:., .,e•' >• U r +i;'' -Y ,'ti:n♦ r 4hr y yA- 3Yj a r• gic• l S«1- '. . - !,� t •rA {~u( z Jr '� 4 4r. ftM�lf. 7,} �' � � Ny j 1 M1 Y tip a� � r+S ▪ 1y Dx `'' �'i ' ` i•• V '4`" ft sn1-1,:3tL + .I ?` ..iA s "t, " ' t 'ot }'' <. '+'7 �rq '' J( a ' - 1. .cizsif • • • � .c _ • • ,. ,1.�' Ly "r"1 ,f, $• P� ▪ ;.701..:7 �, tY.Fy�>wKe�' �''�y+r•=.. - .A i5t»4 ! ' rf i��K ' 1 'r ts ��4 ••� 4.J r7 c tya�. � ;• -°nS yf 9�� .. �� • �4 �yE6a X; tif t� • Y : - L�°;4 Y'i. rV ,:l` � tp }'�ii:ra - .4'4,6.x p Ft'C.'-< q> + + • ' { .:1 .ar - . - - .. � - _'f!(1,„ N i b � r� i�A . Lt6�ix.nweUt� a:.ti3r�.;h.�r^yd.i:F2...7P4,41y}r , � .1 ' � �� c • ,• � A '��t„c�!.�., .hyr~4e♦Rr� !{' J y' I. 104.Ofi AUBURN MUNICIPAL CODE § 10-4.08 ,t•y,1c•y7,Ifek ay�i " T''I:7' ► i YF,', i ,r• �'',f,.f. .^+ { ,e; 1 k ��,,�y -P7' • The provisions of this chapter shall apply to anyone proposing to w ; .: �"-kk. f; ' -- : grade orpave around theperimeter of anyheritage tree as defined in this 17..., s � g ▪ 1"'�7. `�.,►;, • �?� ', s ,o chapter. 7 w 'y a�'" �'t•,n�4sr �a1 li t r, , q Y (Ord. 783,eff.May 11, 1983) .f,,, ,4i'T,'la• �sf. tea J•r , x .r• ri .t0 . i 4', • ram;lA tit 'S'�! w ` r:3 Y t 1 v4 v� M„ F ry ;'t✓ram„ rt" � � ' F Ms„} Sec. 10-4.07. Appeals. .�„ r,,r t� , ' x<7"1 r•♦ i' s,.t'.,. The decision of the Director of Public Works may be appealed to the ri't, } Planning Commission and, if dissatisfied with the decision of the Planning -asp-,a t�; ,ram: ` ` z ,Y ^,. r Commission, to the Council. Appeals shall be in writing, signed by the ,< appellant, state the reasons the appeal is made, and be filed with the Di- x rector of Public Works. ;�• L ";.4• iS�•. (Ord. 783',eff.May'11, 1983) •i ▪ ` Sec. 10-4.08. Violations: Penalties. r ��t .4 r�rL:+s�",4�•n 5?- i esy 7� -o-3-Y7 '�t : c ��L r ( + " Any person violating any of the provisions or failing to comply with Y• �}j '.. �, i any of the mandatory requirements of this chapter may be punished by a y fine of not more than Five Hundred and no/100ths ($500.00) Dollars. i FY r':� (Ord. 783,eff.May 11, 1983) 4i. ;• �4 : u,.. a �'� FI',iLeY• , 4: L6, ' 4,�. 'AO J'x:. 4 { .D y r k +.1 + i n:,}� k,< f• 14 s.'�:wrt41`°i.l'Filbf'' rr� •yt L. a, i'13s�.',# 1.1r_`u • r ter •,�,t+(l�tiru y fP 4 a 2" "3 �,pKys. y eta r i "1 � 7". Yy+:y y•''Clla,it'j kfFlt;s!4 :'3 '.4•Y-1.1 -▪rry i •1,4a . r :• ' "T4t Y. i::/r. p.,; .\r '. ,.�ftitif"r i;l ` rr .,l R'}4 x�L3j Ili �F" vr� ' • �r• ;' 'rr7SY1•3▪''4w '�i �._T' 1(1y.�..- "ram, •..� S at ir:(+ 't0f ^4I(.1 Lt C .. ; C"+,_e. yr. �11,";' " tV tt s r 1 11 -TTT[11 pT i� v:r .lt �w' TZ~ 2.i7• ir'; r 1}.ZY1 , d''n r , 'i ;p` s :i iM ` a: ti—.)i c' � r . 1 • • 1.1n \ A L • .� i� ;, 1' v• 'i , ,'�:' � ;,�, ems' it Reprint No.11 -June 29, 1984 "'Ac' i' ram.*1 r ..�•. arc �;• t s �• „ ,. ,1 �tr, .,`, 449.8 X1tY. i':1.?a. , �:4bls• 'si2..tlC31 • NOTICE OF ACTION TAKEN BY PLANNING COnl I S S I ON City of Coachella • The Planning Commission of the City of Coachella has taken the following action: Type of Application Ordinance for Preservation of Palm Trees Date of Meeting September 23, 1987 Name of Applicant City of Coachella Name of Owner N/A Title of Project Palm Tree Preservation Ordinance Address ` City-Wide ReccTrencstions: Approval with conditions and findings. Planninc Action: Item continued. Staff to revise ordinance. Approve: Approve with modification or conditions: Disapprove: Appeal to City Council within 15 days of the mailing of this notice. EY: LC% ij/ �. DATE: 9 "Z13-3? City Planner • Dept. of Building S Planning cc: Applicant Police Debt. NOTE : An appeal to the City Council Building Dept. Sanitary a determination by the Plannint Engineering Dept. City Manager Commission may be filed by the applicant , any person aggrieve( File City Council by any officer , board , or depai Fire ment of the City. Such appeal be filed within fifteen (15) d� Chairman , P.C. of the date on which the detern tion was mailed. TO: Planning Commission FROM: Associate Planner SUBJECT: Palm Tree Ordinance DATE: September 23, 1987 BACKGROUND Concern has been expressed about palm trees being removed from land in the City, from other than nurseries. Palm trees are seen as an important aspect of the skyline and scenic views of desert cities. Some developments rely on on-site or off-site palm trees to increase the value of the property. Removal of healthy trees may be considered detrimental to the value of surrounding land. DISCUSSION This ordinance gives authority to the Planning Department and Planning Commission to determine the importance of palm trees to the scenic character- istics of Coachella. A permit will be required for removal of any palm tree over 20 feet tall . Before granting a permit for removal of palm trees the effect on scenic views will be determined. If a negative impact is declared by the Planning De- partment then all property owners within 300 feet from the project area will be notified. Removal will be allowed subject to conditions, such as replace- ment vegetation. Appeals and any project that includes more than five trees will be referred to the Planning Commission. A tree permit application can be filed concurrently with other permits. In this case the main objective is tc protest the trees from development. ANALYSIS This ordinance is similar to an Oak Tree Preservation Ordinance in the City of Ojai . The City Attorney has attested to the validity of this tree preservation ordinance for on-site palm trees and for non-developed lands . Coachella possesses few scenic attributes. Since the palm trees reflect the agricultural and historical heritage of the City as well , it is important that these trees be protected. The palm trees add to the scenery on-site, for adjacent property and for travelers to the area. Planning Commission Mtg. of September 23, 1987 Palm Tree Ordinance Page 2 (continued) RECOMMENDATION Approve the ordinance about the preservation and removal of palm trees. Respectfully submitted, Lansingh S. Freeman Associate Planner LSF/md CONCUR: Dan Fissori Director of Community Development COUNCIL BILL NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIF- ORNIA, AMENDING THE COMPREHENSIVE ZONING BY N NC ESTABLISHIN G LANDSCAPE PROVISIONS The City Council of the City of Coachella does ordain as follows: Section 1. The comprehensive zoning ordinance of the City of Coachella is hereby amended by adding Article 072: Preservation and Removal of Palm Trees. This chapter is established to recognize palm trees as significant historical , aesthetic, and agricultural resources and to create favorable conditions for the preservation of this unique plant heritage for the benefit of the current and future residents of the City. It is the intent of this chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas of the City in which palm trees live. Specifically the existing palm trees and groves which promote a dramatic silhouette that is part of the City' s skyline. L 072.02 Scope The provisions of this chapter shall apply to all palm trees on all public property and to private property which is vacant, undeveloped, or in the process of modification. 072.03 Definitions For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Modifications, process of" shall mean the change in any land that has or had improvements, buildings, orchards, and the like for another or expanded use. (b) "Palm Tree" shall mean any tree of the Palm family more than twenty (20 ) feet high as measured perpendicular to ground level . "Palm Tree" shall not apply to any tree grown or held ) or sale ;n a licensed r,ursely, n^r to the first ram ,vel o tr.in,piar,tin5 of a trze puI,suart the operation of a licensed nursery business. (c) "Preservation" shall mean the acts of keeping or saving a tree from harm or destruction by proper maintenance, pruning, treatment, and - other means of safeguarding trees. (d) "Private property" shall mean land owned by individuals, partner- ships, corporations, firms, churches, fraternities, and the like to which land access by the public is generally restricted. (e) "Public property" shall mean land owned by a public or govern- mental entity and generally accessible to the public. (f) "Undeveloped property" shall mean land which is in its natural , original , or pri3tine state. (g) "Vacant property" shall mean land on which no buildings or improve- ments have been erected or no groves have been planted but which may have been graded for drainage or other purposes. 072.04 Permits (a) Requirements (1) Any person desiring to remove, cut down, destroy, relocate, or otherwise undertake activities which could inflict damage to a palm tree shall firs t obtain a tree permit from the City. (b) Applications. Prior to the granting of a tree permit, an application appropriatefor a tree permit shall be submitted to the Planning Department. The basic form, content, instructions, procedures, and requirements of the application package deemed necessary and appropriate for the proper enforce- ment of this chapter shall be established by resolution of the Planning Commission. (c) Granting or denial . Upon the review of an application for a tree permit duly filed in accordance with the approved procedures and requirements (and after an on-site inspection by the Plannina Department) the Planning Department shall grant or deny a tree permit on the basis of the standards set forth in this chapter; provided, however, where more than five (5) palm trees , or a combination thereof, are to be cut down, removed, or moved upon a single parcel of real property, the application shall he referred to the Planning Commission for recommendation to the Planning Director. Unusual cases where less than five (5) trees are involved may be referred to the Planning Commission by the Director. The Planning Department shall deny, without further action, an application which does not contain the required information. (d) Conditions. Such conditions as deemed necessary and appropriate to insure the proper enforcement of this chapter may be made a part of the tree permit. Such conditions may involve, but shall not be limited to, the following: 1. The replacement of the trees proposed for removal with trees of suitable type, size, number, location, and date of planting; 2. A plan for protecting trees on the project site during and after development. 3. Restrictions upon cuts, fills, and/or grading which could endanger the palm trees. (e) Concurrent reviews. When an application is filed for a conditional use permit, variance, zone change, tentative tract map, or minor land division concurrently with an application for a tree permit as provided by this chapter, the Planning Commission may consider and approve such application for ? tree permit concurrently with such other approvals. Where a tentativL ti-acL map and/or conditional 'Ise permit must be filed in addition to a re'iuesc for a change of zone, the applicant may elect to file a tree permit ccnc'irre•itly with, and at the time of, the filing of a tentative tract map and/or con- ditimal use permit. In either cPse, the Plonniag Comn.ivion, in makioc i ;,s findings, hall consider each ca.,e ind ; v;duailj us ;t separa,,e;y fired. (f) Expiration. An approved tree permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval , shall become null and void and of no effect, except, where an application requesting an extension is filed prior to such expiration date, the Planning Department may extend such time for a period not to exceed one year. (g) Exemptions. The provisions of this section shall not apply to the following: 1. Any permit, variance, tentative tract map, or minor land division approved prior to October 1, 1986, by the Council or Planning Commission in instances where palm trees were specifically considered in such approval ; 2. Cases of emergency caused by a tree being in a hazardous or dangerous condition as determined by the Planning De- partment, Police Department, Fire Department or an affected utility company; and 3. The necessary cutting and trimming of trees when done for the purpose of protecting or maintaining overhead public utility lines pursuant to Rule No. 35 of General Order No. 95 of the Public Utilities Commission of the State. (h) Fees. Applications for tree permits shall be accompanied by appropriate fees as established by a resolution of the Council , which fees shall be commensurate with the cost of processing and reviewing applications for permits and administering this chapter. 072.05 Standards for Granting Permits The granting of a tree permit pursuant to this chapter shall be based on certain criteria, including, but not limited to the following: (a) The condition of the palm tree with respect to disease, danger of falling, and the proximity to existing or proposed structures; (b) The necessity to remove an palm tree in order to construct pro- posed improvements to prevent economic hardships to the owner of the property. The burden of proof shall be the responsibility of the applicant at the time of the application to remove the tree; (c) The number of palm trees existing in the neighborhood on improved property. Decisions shall be guided by the standards established in the neighborhood and the effect of thepalm tree removal upon property values in the area; and (d) Good forestry practices, such as the number of healthy palm trees which a given parcel of land cr area can support. 072.06 Appeals The Planning Commission shall hear and act on any appeal of a d^cision of the Piannirg Department ih the adminsitrPtion o - enforcement of this chapter. Appeals of decisions of the Plann:nS Commi.,s ;on shall be subject Lo the pruviaions of Article 080 Sectiun 23 or Lhe City Cuachei,fa com- prehensive zoning ordinance. 072.07 Violations: Penalties Any violation of the provisions of this chapter or of any permit granted pursuant to this chapter shall be a misdemeanor, and any person found guilty of such violation shall be punishable as set forth in Chapter 2 of Title 1 of this Code. In addition, any person violating this chapter, or any permit issued pursuant to this chapter, shall be subject to abatement, warning, or corrective action as determined by the Council . The Planning Department in approving an application for a tree permit, may impose such conditions as deemed necessary to ensure that the permit will be in accord with the intent of the ordinance and these guidelines. These conditions may involve, but are not limited to, the following: The replacement of trees proposed for removal with trees of a suitable type, size, number, location and date of planting. In determining whether replacement is reason- able and may be required, the Planning Department shall consider, but is not limited to, the following factors: 1. The vegetative character of the surrounding area near the project site, and 2. The number of trees subject to this ordinance which are proposed to be removed in relation to the number of such trees currently existing on the project site, and 3. The anticipated effectiveness of the replacement trees as determined by the tree report submitted by the applicant, and 4. The development plans submitted by the applicant for the proposed construction or the proposed use of the project site. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Coachella, held on October 20, 1987, by the following vote: AYES: NOES: ABSENT: Larry Y. Salas, Mayor ATTEST: Sherwin W. W. Goynes, City Clerk I hereby certify that the foregoing is a true and correct copy of an ordinance, being Ordinance No. , duly passed and adopted by a rcll call vote of the City Council of the City of Coachella, California, at a regular meeting held this 20th day of October, 1987. Sherwin W. W. Goynes, City Clerk APPROVED AS TO FORM: Douglas Phillips Deputy City Attorney (c) nre considered an outstanding specimen of its species; or (d) are the size of thirty-six (36) inches or more in diameter measured at twenty-four (24) inches above natural grade. For the purpose of subsection (c) above, an outstanding specimen is a tree which has been determined by the Parks Director to be healthy, has attained maturity and is well-formed. Any tree designated as a heritage tree may be identified with a marker placed on the tree or by other means as determined by the City Council. Section 4310. Removal of Heritage Trees Prohibited. It shall be un- lawful for any person to remove, or cause to be removed, any heritage tree from any parcel of property in the City without obtaining a permit so to do; provided, however, that in cases of emergency when a tree is hazardous or dangerous to life or property, it may be removed by order of the Chief of Police or by the Chief of the Contra Costa County Consolidated Fire District. Provided further in emergency situations only where the public health and safety is affected any duly authorized representative of any public utility or of the City may remove trees which interfere with the safe and efficient operation of the public service for which they are responsible. Trees not covered by the Chapter may be removed without permit. Section 4311. Property Rights. (a) A tree designated as a heritage tree shall remain the property of the land owner. (h) The care of the tree shall he the responsibility of the property owner. (c) Any property owner having a heritage tree on his property shall be expected to give the tree reasonable care to in- sure its continued good health. -2- IMF Section 4312. Permits . Any person desiring to remove one or more heritage trees shall apply to the Parks Director of the City of Concord for a permit. The application for a permit shall be made on forms provided for the purpose and shall state, among other things, the number and location of trees to he removed by types and the reason for removal of each . The Parks Director shall review each application and shall determine: (a) The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility service. (b) The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property. (c) Topography of the land and the effect of removal of the tree on erosion, soil retention and diversion or increased flow of surface waters. (d) The number of trees existing in the neighborhood on improved property and the effect removal would have on the established standard of the area and the property values . In reviewing applications, the Parks Director shall give priority to those based on hazard or danger of disease. He may refer any application to another department, committee, hoard or commission of the City for report and recommendation. Section 4313. Applicability. The provisions of this Chapter shall also apply to any person who has made application for a subdivision of land -3- STANDARD CONDITIONS D TIONS The Planning Department in approving an application for a tree permit, may impose such conditions as deemed necessary to ensure that the permit will be in accord with the intent of the ordinance and these guidelines. These conditions may involve, but are not limited to, the following: The replacement of trees proposed for removal with trees of a suitable type, size, number, location and date of planting. In determining whether replacement is reason- able and may be required, the Planning Department shall consider, but is not limited to, the following factors: 1. The vegetative character of the surrounding area near the project site, and 2. The number of trees subject to this ordinance which are proposed to be removed in relation to the number of such trees currently existing on the project site, and 3. The anticipated effectiveness of the replacement trees as determined by the tree report submitted by the applicant, and 4. The development plans submitted by the applicant for the proposed construction or the proposed use of the project site. • CITY OF COACHELLA MATERIALS REQUIRED FOR APPLICATION SUBMITTAL FOR TREE PERMIT The following list specifies the information which may be required by the City of Coachella Planning Department in order for you to submit your application for a tree permit. Staff will determine what information will be required. Once all specific information checked has been submitted, the City has 30 days within which to determine whether or not the information is complete for purposes of filing. Required No. of Yes No Copies Recv'd Application Form Number of trees on property (specifiy specie ` as additional information) Number of trees to be preserved Number of trees to be removed Number of trees to be replaced Plot plan & location map JUSTIFICATION STATEMENT All applications for a Tree Permit require a written statement by the applicant substantiating the justification for planned actions involving protected trees. The Planning Director will base her/his decision on the applicant' s ability to make the findings required by the Ordinance and the Tree Preservation Guidelines. Please use the space below for the justification statement. Attach additional pages if necessary. Applicant' s signature 4 TREE PERMIT APPLICATION Fee $ APPLICANT: Name (please print) Phone Number Address City State Zip Code ENGINEER OR REPRESENTATIVE: Name (please print) Phone Number Address City State Zip Code I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge. Signature (applicant or representative) Date PROPERTY OWNER: (if same as applicant, write "SAME". If more than one, please attach a consent letter fro each property owner. Name (please print) Phone Number Address City State Zip Code Signature (property owner) Date TO BE COMPLETED BY STAFF LOCATION: Parcel/Project Area: sq. ft./acres Zone: Date Received Approval Date: Received By Approved By: • • ` TYPICAL PLOT PLAN • LO:OIMr.0 IO// \101.7' ['PROPERTY LINE - 101 S' l ELEVATION R. /T ;� ` ''' \T'ff 'un r IL N l�I; L Jll •ATIO SW ///�// T / ARA�GE O ux situ / /i/:://ss.d...‘. o • /ROrOSEO OWELLINO J SLAS ELEV.10.2.r /�/� Y DRIVEWAY `I r Cl ZIp - k-. O rt too.a• EIO€WALK 100.0'� STREET Site Plan Map is included in Attachment 'D' . 1. Size: Maps should not exceed 24" X 36" in size. 2. Scale: The scale should not be smaller than 1" N 40' 3. Title Block: In one corner of the map, indicate the name of the property owners, applicant, appropriate consultants, address (es) and phone number(s) of those involved in preparing the plans and application. 4. Physical Characteristics: The body of the map should accurately portray the following existing and proposed features: a. property lines; b. streets, access easements and/or public or private driveways and any other paved areas; c. buildings or structures; d. setbacks of all buildings and structures from property lines; e. parking areas; .f• land uses on parcel; g. proposed grading and construction - including utilities. S. Tree Locations: The map shall indicate the specific Location of all trees on the property as well as the. trees proposed to be removed and/or relocated, and those within 100 feet of the project or construction area. In anticipation of a field in- spection, each tree shall be assigned a -number on the plan and physically tagged in the field in an approved manner.