CC 2013-08-27_08.h. Adopt Ordinance - Community Tree ProgramMEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, DIRECTOR OF PUBLIC WORKS
SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE AMENDING
CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE
MUNICIPAL CODE (COMMUNITY TREE PROGRAM)
DATE: AUGUST 27, 2013
RECOMMENDATION:
It is recommended that the City Council adopt an Ordinance amending Chapter
12.16 of Title 12 of the Arroyo Grande Municipal Code (Community Tree
Program).
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
There are minimal costs associated with this action relating to the required
publication of an ordinance summary in the newspaper.
BACKGROUND:
At the August 13th City Council meeting, an Ordinance was introduced without
modification to amend Chapter 12.16 of Title 12 of the Arroyo Grande Municipal
Code. This chapter of the Municipal Code is a comprehensive tree protection
program known as the Community Tree Program. In addition, this Chapter
establishes policies, regulations and specifications necessary to govern
installation, maintenance and preservation of trees.
The Community Tree Program addresses various issues related to trees in
Single Family Residential, Commercial, Multi-Family and Industrial zones.
Additionally, it also addresses City Landmark trees and issues related to property
development. Periodically, minor changes are required to properly administer
the Commuriity Tree Program.
The Park and Recreation Commission reviewed and unanimously approved the
proposed revisions to the Community Tree Program on Wednesday, July 10,
2013. The Planning Commission reviewed and unanimously approved the
proposed revisions to the Community Tree Program on Tuesday, July 16, 2013.
The City Council held a duly noticed public meeting and unanimously introduced
the proposed Ordinance on August 13, 2013.
Item 8.h. - Page 1
CITY COUNCIL
ADOPTION OF ORDINANCE AMENDING CHAPTER 12.16 OF TITLE 12 OF
THE MUNICIPAL CODE (COMMUNITY TREE PROGRAM)
AUGUST 27, 2013
PAGE2
ANALYSIS OF ISSUES:
The adopted policies and regulations provide specific authority to City personnel
to implement and administer the various programs outlined in the Community
Tree Program Ordinance.
The modifications to Chapter 12.16 of Title 12 of the Arroyo Grande Municipal
Code (Community Tree Program) are primarily limited to title changes and other
minor revisions that will clarify current staff responsibilities and authority.
ADVANTAGES:
The following advantages have been identified:
• The Ordinance will update Chapter 12.16 of Title 12 of the Arroyo
Grande Municipal Code (Community Tree Program) to reflect current
responsibilities and authority of City personnel.
• The Public Works Department now has oversight of the maintenance
crews that evaluate trees, maintain street trees and also repair
sidewalk damage by tree roots, thus improving coordination of staff
resources related to tree matters.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this administrative action.
ALTERNATIVES:
The following alternatives are provided for the City Council's· consideration:
1. Adopt the Ordinance amending Chapter 12.16 of Title 12 of the Arroyo
Grande Municipal Code (Community Tree Program);
2. Do not adopt the Ordinance; or
3. Provide direction to staff.
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the Ordinance was published in The Tribune on Tuesday, August
20, 2012, pursuant to State law. The Agenda was posted in front of City Hall on
Thursday, August 22, 2013. The Agenda and staff report were posted on the
City's website on Friday, August 23, 2013.
Item 8.h. - Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTER 12.16 OF TITLE 12
OF THE ARROYO GRANDE MUNICIPAL CODE (COMMUNITY
TREE PROGRAM}
WHEREAS, it is in the best interest of the City, the public, and the environment to have a
comprehensive community tree program that promotes the preservation, the maintenance, and
regeneration of all trees; and
WHEREAS, on July 10, 2013, the Parks and Recreation Commission reviewed and considered
the information presented and recommends approval of the proposed amendments to the
Community Tree Program; and
WHEREAS, on July 16, 2013, the Planning Commission reviewed and considered the
information and public comment and recommends approval of the proposed amendments to the
Community Tree Program; and
WHEREAS, on August 13, 2013, the City Council reviewed and considered the information and
public comment at a duly noticed public meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code is hereby amended
in its entirety as follows:
12.16.010 -Purpose.
It is in the best interest of the city, the public, and the environment to establish a
comprehensive community tree program that promotes:
A. The preservation, the maintenance, and regeneration of all trees;
B. A beautiful and aesthetically pleasing community;
C. Trees or groves of unique or historical value and wildlife habitat;
D. Educational programs that address the importance of trees in the environment and
their role in purifying the air, providing shade, controlling erosion, and maintaining the
rural, small town atmosphere;
E. Improved communication between the parks and recreation commission, architectural
review committee and planning commission regarding tree related issues and
concerns.
Further, in order to implement the goals and objectives of the parks and recreation element
of the city of Arroyo Grande's general plan, and to mitigate the loss of open space and
vegetation caused by new development in the city, the city council has determined that a
development impact fee (or the implementation of a tree planting plan in lieu thereof) is needed
in order to finance the planting of trees and to pay for the development's fair share of the
implementation of these improvements.
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This chapter establishes policies, regulations and specifications necessary to govern
installation, maintenance and preservation of trees to accomplish the above stated purpose.
12.16.020 -Definitions.
For the purpose of this chapter, the following definitions shall apply:
"Certified arborist" shall be one of the persons who has completed the requirements of, and
who appears on the approved list of the International Society of Arboriculture, Western Chapter.
This list shall be available for review in the community development department.
"City" means the city of Arroyo Grande.
"City council" means the city council of the city of Arroyo Grande.
"Conditioned tree" means any tree that is to be preserved and protected from removal,
destruction or loss as a requirement of a permit issued by a permit-granting authority.
"Dead regulated tree" means a regulated tree that is no longer alive or is in an advanced
state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches
exist to sustain life) and has been determined to be in such a state of decline by a certified
arborist during a nondormant or other natural stage of the tree that would minimize the
likelihood that the tree would be mistakenly identified as being in such a dead state.
"Development" means any project involving the issuance of permit for construction or
reconstruction, other than interior remodeling, but not a permit to operate.
"Director" means the city parks, reoroation and faoilitios public works director or his or her
duly appointed agent.
"Dripline" means an imaginary vertical line running from the outermost branches or portions
of the tree crown to the ground.
"Excessive pruning" means removing in excess of one-third (33.3 percent) or greater of the
functioning leaf, stem, or root area of a tree. Pruning in excess of 33.3 percent is injurious to the
tree and is prohibited unless written approval is granted by the parks, rooreation and faoilities
public works director or his or her appointed representative prior to initiating the work. Topping
and lion's tailing shall be considered unacceptable pruning practices for trees.
"Fire Chief' means the Fire Chief of the Five Cities Fire Authority.
"Imminent fire safety hazard" means trees that impinge upon the fire defensible zone
around structures as determined by the dirootor of building and firefire chief. The defensible
zone is defined as that area one hundred (100) feet around a structure or two hundred (200)
feet if structure is situated on or above a slope.
"Landmark tree" or "landmark grove" means existing tree(s) on public or private property
that has been found to be a notable horticultural specimen, or is of significant aesthetic, cultural
or historical value, and is designated as such by resolution of the city council, upon
recommendation of the planning commission or parks and recreation commission of the city.
Landmark trees may include street trees.
"Lion's tailing" means the removal of an excessive number of inner, lateral branches from
parent branches. Lion's tailing is not an acceptable practice.
"Maintenance" means pruning, spraying, fertilizing, staking, irrigating, treating for disease or
injury, and other similar acts that promote the life, growth, health or beauty of trees or shrubs.
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"Owner" means an individual, firm, association, corporation, partnership, persona and
lessees, trustees, receivers, agents, servants and employees of any such person(s).
"Parks and recreation commission" means the parks and recreation commission of the city
of Arroyo Grande.
"Permit-granting authority" means that appropriate individual or body designated by
municipal code or state law to have the legal authority to issue the permit for which application
was made.
"Planting easement" means an easement adjacent to public right-of-way obtained for the
purpose of planting and maintaining street trees.
"Planning commission" means the planning commission of the city of Arroyo Grande.
"Public places" means all properties owned by the city and public easements.
"Public streets" means all city public rights-of-way, including all public easements.
"Regulated tree" means any tree located on properties in commercial, multifamily or mixed
use zones; coastal live oak trees (Quercus agrifolia) on properties in single-family residential
zones that measure twelve (12) inches in diameter when measured four feet and six inches
from the base; and any trees located in the public right-of-way adjacent to the street on
properties in single-family residential zones, whether city or privately owned.
"Street trees" means any tree in any street, park, public place, or public easement.
"Subdivision" means any subdivision of property, including minor subdivisions.
"Topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree. ·
"Tree coordinator" means the city employee who is responsible for the city landmark tree
program, memorial tree planting, Arbor Day activities, education programs, issuing of tree
removal permits, and coordination with citizens regarding tree matters.
"Tree removal" means the destruction or displacement of a tree or shrub by cutting,
bulldozing, mechanical, chemical or other method, which results in a physical transportation of
the tree from its site and/or death of the tree.
"Tree well" means an unsurfaced area provided within a paved or concrete sidewalk for the
planting of a tree.
"Undeveloped property" means property that has been zoned to allow development, but
which has not yet been developed.
12.16.030 -Street tree requirements.
A. A street tree shall be planted at the time of construction by every property owner, except for
subdivisions, spaced no farther than fifty (50) feet apart along the street frontage of any
building constructed. Interior remodeling permits and activity shall be exempt from street
tree planting requirements. The director shall specify specific locations along the frontage of
the constructed building for street trees and shrubs on public streets and tree planting
easements, and the species of tree shall be selected by the director from the master street
tree list on file with the parks, recreation and facilities department. Street trees shall be of a
Item 8.h. - Page 5
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fifteen (15) gallon-container size (or greater) and comply with the standards set forth by the
American Society of Nurserymen.
B. For property within commercial or industrial zoned districts in the city, the property owners,
upon construction, shall provide tree planting wells within any paved or concrete sidewalk.
Street trees shall be planted within these wells as outlined in subsection A of this section,
with the addition of installing deep root barriers.
C. A fee, consistent with that established by the city council for subdivision maps shall be
imposed by the director, if the property owner requests that the city plant the required
tree(s) on his or her behalf.
D. All existing and proposed street trees shall be identified by the applicant on all construction
and building plans and maps presented to the city.
E. No existing street tree shall be removed or replaced without written authorization of the
director or the tree coordinator.
F. It shall be the responsibility of the property owner to properly maintain all street tree-
planting areas upon his or her property, including any adjacent easement, regardless of
whether such property is developed. Such maintenance shall include irrigation and keeping
such planting easements free from weeds or any obstructions deemed contrary to public
safety and in conformance with the plan approved by the director for the property involved.
G. The director shall, at city expense, inspect and, when necessary, remove and/or replace
street trees.
H. The director may cause the roots of young trees in the process of development to be cut to
prevent future sidewalk lifting. Roots on older trees that have lifted sidewalks may be cut.
Overhead limbs may be pruned or cut back to compensate for the loss of root area.
I. The director may cause the removal of overhead limbs from any street tree, regardless of
the location of such street tree, if, in the director's opinion, such removal is necessary in the
interest of public safety.
J. Nothing in this chapter shall be deemed to relieve the owner and occupant of any private
property from the duty to keep his or her private property, sidewalks and planting
easements in front of such private pro-perty in a safe condition and so as not to be
hazardous to public travel.
K. Whenever a property owner desires to have a street tree removed, he or she shall apply to
the director for a permit for such removal. The director may approve or deny such request.
L. Any street tree damaged or destroyed by an individual shall be replaced through payment
by the person or persons causing such loss to the city. The amount of such payment shall
be the replacement value of the tree, as determined by the director, but in no event shall it
be less than one hundred fifty dollars ($150.00) per tree and shall be in addition to any
criminal fine or penalty for municipal code violation. Any act intentionally damaging or
destroying a street tree shall constitute a misdemeanor violation of this chapter.
12.16.040 -Responsibility for tree-damaged sidewalks and public improvements.
A. The public works director will periodically prepare a list of particular street trees that have
created a present and immediate danger to pedestrian travel, by causing damage to public
improvements, sidewalks, or have interfered with drainage flow in gutters, or resulted in
Item 8.h. - Page 6
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traffic hazards in adjacent streets. The list shall be submitted to the direotor of parks,
reoreation and faoilities reoreation services(?) for oomment or revision.
B. After agreement betv1een the parks, recreation and facilities recreation services direotor
and the publiG works direotor on neoessary correotions, tThe public works director shall
order the repair or replacement of such damaged public improvement. Trees shall only be
removed if it is determined that the public improvements will cause the tree to be unsafe or
unstable or will likely cause the need for recurrent repair to public improvements. Prior to
removal of any street tree causing such damage, the adjacent property owner will be
notified, in writing, by the public works director. The parks, recreation and faoilities public
works director shall order a new tree to be planted as a replacement tree, when the site is
appropriate, as determined by the director.
12.16.050 -Privately owned trees affecting public right-of-way.
A. Trees on private property that have caused, or may cause, in the judgment of the public
works director and the parks, reoreation and faoilities director, damage to public
improvements shall be root-trimmed or the tree removed, and such damage to public
property shall be repaired by the owner of such tree. After fifteen (15) days' notice to correct
the condition, the parks, recreation and facilities director and/or public works director may
correct the condition and send a billing therefor, including a fifteen (15) percent
administration fee, to the property owner. If the property owner fails to remit the payment,
the charge for all costs of correction, including the administration fee, shall be charged as a
tax lien upon the tree owner's property.
B. No person shall permit branches of trees or shrubs to extend within nine feet from the
ground over any portion of the sidewalk area, or within fourteen ( 14) feet from the ground
over any portion of residential street abutting the property on which the tree is growing, or
within fourteen (14) feet on streets designated as truck routes. After fifteen (15) days' notice
to correct the condition, the parks, recreation and facilities director and/or public works
director may correct the condition and send a billing therefor, including a fifteen (15) percent
administration fee, to the property owner. If the property owner fails to remit payment, the
charge of all costs of correction, including the administration fee, shall be charged as a tax
lien upon the tree owner's property.
12.16.060 -Landmark trees.
A. In order to initiate a landmark tree designation, the owner(s) of such trees shall sign the
proposed designation resolution prior to city council adoption, thereby conferring consent
for the tree(s) to be voluntarily designated as landmark tree(s) by the city and approved for
the city to go upon the owner's property for monumentation, inspection and inventory. Trees
may also be designated a landmark tree(s) as part of a city development approval or permit
process (see Section 12.16.090). For such case the director shall sign the resolution after
its adoption in lieu of the tree owner's(s') signature. The director shall sign as owner for all
city-owned trees.
B. The city council, upon recommendation of the planning commission or parks and recreation
commission, shall, after making any revisions it deems appropriate, designate landmark
trees or landmark groves by resolution. The director shall administer the landmark tree
program for the city.
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C. In the event a landmark tree(s) owner desires to remove landmark tree designation from his
or her tree(s), the owner may petition the city council to adopt a resolution repealing
landmark status from the tree(s).
D. No landmark tree(s) shall be removed without the consent of the city council, nor shall any
landmark trees be destroyed or damaged.
E. The director shall maintain a permanent log of all trees designated. Such log shall consist of
a copy of all resolutions designating landmark trees. Each resolution shall contain a
landmark tree monumentation number, a photograph of the tree(s), a location map of the
tree(s) on the property, the reasons why such tree(s) has been designated a landmark
tree(s), and the signature and owner's(s') name, and the address and legal description of
the property upon which the tree(s) is located. The director shall present a copy of the
adopted resolution to the tree owner.
F. The director shall install a permanent marker upon or near each landmark tree, identifying
the tree as a landmark tree, and containing the tree monumentation number. One marker
may be used for a landmark grove.
G. The director shall cause the physical inspection and inventory of all landmark trees every
three years to determine their condition and presence, and he/she shall report his or her
findings publicly to the city council, the parks and recreation commission, and the planning
commission, via the city manager.
H. Upon the death of a landmark tree, the director shall record the estimated date of death and
suspected cause of death upon the resolution designating the tree. The director shall use
such information to assist in determining future tree preservation programs for the city.
I. No branches two inches or larger on a landmark tree shall be pruned without prior written
approval of the director or the city tree coordinator.
12.16.070 -Tree removal in residential, mixed use or commercial zones.
A. No person(s) shall allow or cause the removal of any regulated tree on property used or
zoned multifamily residential, mixed use or commercial without first obtaining a tree removal
permit from the director or tree coordinator. Furthermore, no coastal live oak trees (Quercus
agrifolia) greater than twelve (12) inches in diameter when measured four feet and six
inches from the base located in single-family residential zoned areas and any trees located
in the public right-of-way in single-family residential zoned areas may be removed without
first obtaining a tree removal permit. The permit is available at no charge.
B. Tree removal in the above locations without a permit shall constitute a misdemeanor
violation of this chapter, and in addition, removed trees shall be replaced through payment
by person or persons causing such loss to the city. The amount of such payment shall be
the replacement value of the tree as determined by the director, but in no event shall it be
less than one hundred fifty dollars ($150.00) per tree; and it shall be in addition to any
criminal fine or penalty for municipal code violation.
C. The intended decision of the director or tree coordinator for issuing or refusing a tree
removal permit shall be based upon reasonable standards, including:
1. The condition of the tree regarding its general health, location to utilities or structures,
or status as a public nuisance;
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2. The necessity of the requested action to allow construction of improvements or
otherwise allow economic or other reasonable enjoyment of property;
3. The topography of the land and the effect of the tree removal on erosion and water
retention;
4. The number, species, size and location of existing trees in the area and the effect of
the tree removal on scenic beauty, historic values, fire safety and the general welfare
of the city;
5. Good forestry practices in general.
D. Subject to obtaining a tree removal permit, a dead regulated tree, as defined by Section
12.16.020, may be removed, and a replacement tree from the approved city tree list and
acceptable to the director of parks, recreation and facilities public works or his/her designee
will be required to be planted in its place, unless determined by the director of pafks,
recreation and facilities public works to be unnecessary due to special circumstances of the
site.
E. Standards for the Pruning of Trees on Private Property.
1. The city council may adopt by resolution standards for the pruning of regulated trees
on private property, with which all licensed tree companies doing business in the city
shall comply. At a minimum all pruning shall comply with the standards established by
the International Society of Arboriculture.
2. Failure to comply with these standards as determined by the city council shall
constitute a misdemeanor violation of this chapter and may result in the suspension of
the tree company's business license, if applicable, as follows: first offense, suspension
of the business license for a period not exceeding ninety (90) days, and for a second
offense or any subsequent offenses, by suspension of the business license for a period
not exceeding one year.
F. Topping Prohibited. Intent: to insure healthy, structurally stable, aesthetically pleasing trees
and mitigate public liability.
1. "Topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy
and disfigure the tree. It is unlawful to top or stub trees.
2. Utility line clearing shall be accomplished by the drop crotch method of pruning and
shall include side branches.
3. All pruning of public trees shall be in accordance with current pruning specifications of
the city parks division.
G. Appeals. Appeals regarding decisions on tree removal permits by the director are to be
submitted in writing to the parks and recreation commission within fourteen (14) days of the
director's decision. Actions of the parks and recreation commission are final unless
appealed to the city council.
H. Exceptions. A tree removal permit is not required for the following:
1. Trees in hazardous condition that represent an immediate danger to health or property
as determined by the city;
2. Christmas tree lots;
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3. Fruit trees;
4. Owners of firewood harvesting lots need not obtain a removal permit, if the species of
trees harvested are eucalyptus or pines;
5. Trees that present an imminent fire safety hazard as determined in writing by the
director of building and firefire chief.
12.16.080 -Public utility company requirements.
Public utility companies shall obtain a permit from the director, which shall be valid for one
calendar year, and notify the city forty-eight (48) hours prior to performing the following:
A. Removal of a street tree or any tree covered in Sections 12.16.060 and 12.16.070
B. Pruning of a street tree, landmark tree, or any tree covered in Sections 12.16.060 and
12.16.070 for overhead power line clearance; and
C. Underground trenching within the dripline of a street tree, a landmark tree, or any tree
covered in Sections 12.16.060 and 12.16.070
12.16.090 -Installation, maintenance and removal of trees relating to property development.
A. A tree planting fee is established on issuance of all subdivision maps for development in the
city. The city council shall, in a council resolution, set forth the specific amount of the fee.
As described in the fee resolution, this tree planting fee shall be paid by each developer
prior to issuance of a building permit. On an annual basis, the city council shall review this
fee to determine whether the fee amounts are reasonably related to the impacts of
developments. The revenues raised by payment of this fee shall be placed in a separate
and special account, and such revenues, along with any interest earnings on that account,
shall be used solely to pay for the city's future purchase and planting of trees described in
the resolution enacted pursuant to the above. The selection, purchase, planting and future
maintenance of such trees shall be performed by the director. In lieu of the fee, at the
election of the planning commission, the subdivider shall be responsible for the purchase,
planting, maintenance and replacement, if necessary of such trees for twenty-four (24)
months after planting and acceptance according to a uniform planting plan approved by the
director. The subdivider may be required to post a bond, the amount to be determined by
the planning commission, to assure faithful performance. The bond may be held by the city
for a maximum of two years.
B The planning commission may require a six-foot tree planting easement on all or select
streets within proposed subdivisions, in addition to dedicated planting easements for street
trees in conformity with a uniform planting plan for the area involved.
C. All proposed changes in a public street right-of-way direction or width, or any proposed
street improvement, shall, where feasible, include allowances for planting easements. Plans
and specifications for planting such areas shall be integrated into the general plan of
improvements, and it shall be the duty of the director of public works to coordinate the
design of such improvements with the parks, recreation and facilities community
development director prior to the completion of the final overall plans.
D. No tree shall be removed on any undeveloped parcel for which a tree removal permit has
not been issued or for which a tree removal plan has not been approved by the planning
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commission. Tree removal on undeveloped property without a permit or approved plan shall
constitute a misdemeanor, and in addition, removed trees shall be replaced through
payment, by person or persons causing such loss, to the city. The amount of such payment
shall be the replacement value of the tree, as determined by the director, but in no event
shall it be less that one hundred fifty dollars ($150.00) per tree, and it shall be in addition to
any criminal fine or penalty for municipal code violation.
E. All grading, building, conditional use, tract map, parcel map, planned development, and
other development proposals submitted to the city shall be accompanied by an accurate
map identifying and locating all existing trees upon the property for which application is
received and all existing trees that are off-site but affected by the project. Such map shall
also identify all existing trees that are proposed by the applicant for removal or destruction,
and such trees shall be visibly marked for the director's inspection. The director, or his or
her designee, shall locate all trees upon the applicant's and affected property and prepare a
written report to the permit-granting authority within two calendar weeks of the permit
application having been received by the city.
F. The director's report to the permit-granting authority shall contain:
1. Recommendation as to which trees should be preserved and protected from removal
and/or relocation;
2. Recommendation as to which trees should receive landmark designation.
G. The permit-granting authority shall not issue a permit until receiving and reviewing the
director's recommendations. The permit-granting authority shall not be bound to honor the
director's recommendations. The permit-granting authority shall have the authority to
approve and issue a permit with conditions requiring protection and preservation of any or
all trees affected by the permit.
H. The killing, removal or damaging, intentionally or accidentally, of any tree, because of
development activity, shall result in a separate administrative penalty to be paid, through
payment by person or persons causing such loss, to the city. The payment shall be the
amount of the value of the tree, as set forth in the Manual for Plant Appraisers, published by
the Council of Tree and Landscape Appraisers, but in no event shall the payment be less
than one hundred fifty dollars ($150.00) per tree. The intentional killing, removal or
damaging of any tree, as a result of development activity, shall constitute a misdemeanor.
I. If the permit-granting authority approves the removal of any oak tree or other tree as
defined in Section 12.16.020 when related to property development, the tree owner(s) of
such tree(s) shall replace each tree removed at a three to one replacement ratio. The size,
specie, and location of replacement trees shall be determined by the director, in writing,
before the permit is issued. Replacement trees shall be maintained and cared for by the
owner(s) when planted on his or her parcel. If not planted on the owner's parcel, the
director may identify a site for planting replacement tree(s), and the city will be responsible
for maintenance thereof.
J. In the event the permit-granting authority desires landmark designation for any tree, the
permit-granting authority shall convey such recommendation to the city council via the
planning commission for consideration and recommendation and shall withhold issuance of
such permit until the city council has adopted a resolution conferring landmark designation.
K. In the event the city council adopts a resolution conferring landmark designation upon a
tree(s) during the development process, a permit shall be issued only with condition that the
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designated tree(s) shall not be removed or disturbed. Failure to comply with this condition
shall result in a misdemeanor. There will be a separate administrative penalty of five
thousand dollars ($5,000) to the tree owner for each landmark tree removed, destroyed or
killed as a result of construction or development activity, regardless of whether the removal
was intentional.
L. All administrative penalties recovered by the city, pursuant to this chapter of the municipal
code, shall be deposited in a city fund, the assets of which shall be used for tree planting,
care and administration of this chapter of the municipal code.
M. Trees designated to remain on the tree removal plan shall be protected prior to and during
construction by the owner(s), using the following measures:
1. Each tree or group of trees designated to remain shall be protected by an enclosure of
a five-foot fence, prior to the beginning of construction. The fence shall be wooden,
chain link, or plastic barricade fencing. The location of the fence is normally at the
dripline of the tree, but it may adjusted or omitted with the director's written approval.
2. No parking of vehicles or equipment or storage of materials shall be permitted within
the dripline of the trees designated to remain.
3. In the event the underground utilities must be placed within the dripline of the trees to
remain, the utilities shall be installed by auguring at twenty-four (24) inches minimum
depth or by hand trenching. If roots over one inch in diameter are encountered, the
roots shall be preserved without injury. No machine trenching within a tree's dripline
shall be permitted, unless authorized, in writing, by the director.
4. A performance bond may be required, in a form acceptable to the city and prior to
issuance of an entitlement, to assure protection of trees on the site. The amount of any
set bond shall be one thousand five hundred dollars ($1,500.00), or the value of
affected trees, whichever is greater, based on the Manual for Plant Appraisers, Council
of Tree and Landscape Appraisers. The latest edition is to be available for review in the
community development department. If, in the opinion of the certified arborist, no
violation or damage has occurred during construction, the bond shall be returned upon
final building inspection. However, if damage has occurred, the bond shall be held for
three years and forfeited if, in the opinion of the certified arborist, permanent damage
has occurred.
5. Failure to comply with tree preservation requirements shall result in the director issuing
a stop work order until all requirements have been met.
N. Upon determination that a conditioned tree or landmark tree has died, been destroyed or
removed as a result of construction or development activity, the council may stop further
construction or development activity until the administrative penalty is paid.
0. When the city requires tree pruning, the tree service contractor performing the work shall
use an arborist certified by the Western Chapter of the International Society of
Arboriculture.
Item 8.h. - Page 12
ORDINANCE NO.
PAGE 11
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unlawful.
SECTION 3. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion of Council Member , seconded by Council Member ___ _
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this __ day of ____ , 2013.
Item 8.h. - Page 13
ORDINANCE NO.
PAGE12
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.h. - Page 14