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INCORPORATED 92
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4( JULY 10, 1911 * MEMORANDUM
TO: CITY COUNCIL
FROM: CHRISTOPHER MAGDOSKU, DIRECTOR OF PUBLIC WORKS
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL
CODE (COMMUNITY TREE PROGRAM); APPLICANT — CITY OF
ARROYO GRANDE
DATE: JUNE 13, 2017
RECOMMENDATION:
The Planning Commission recommends the City Council introduce an Ordinance
amending Chapter 12.16 of the Arroyo Grande ("City") Municipal Code regarding
the Community Tree Program.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No major financial impact to the General Fund is projected as a result of adopting
the Ordinance. Additional, up-front minor costs will occur as a result of
notification and outreach to landscaping and tree trimming contractors,
development of construction notes for construction plans, and development of a
policy and can be accommodated within the various existing budgets as part of
the typical work day as time permits. Additional personnel oversight will occur as
a result of enforcement and administration of the amendments to the tree
program.
BACKGROUND:
The City's Community Tree Program ("Program") is a comprehensive tree
protection program that promotes the preservation, maintenance, and
regeneration of all trees for a beautiful and aesthetically pleasing community.
The Program also strives for improved communication between the Parks and
Recreation Commission, the Architectural Review Committee and the Planning
Commission regarding tree related issues and concerns.
Planning/Parks and Recreation Commission
The Planning Commission met first on February 1, 2017 and again on April 18,
2017 and finally on May 16, 2017 to approve the revisions to the Program.
Proposed revisions were also brought before the Parks and Recreation
Commission on April 12, 2017 for consideration.
Item 12.a. - Page 1
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12.16 OF
TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE (COMMUNITY
TREE PROGRAM)
JUNE 13, 2017
PAGE 2
At the February 1, 2017 Planning Commission meeting, the Commission was
provided with a presentation on tree removal activity on a parcel approved for a
six-lot development project. This development site was the subject of several
concerns about tree protection and the removal of a Coast Live Oak tree without
an approved permit. As an outcome of this presentation, the Planning
Commission recommended amending Chapter 12.16 of the Municipal Code to
consider and/or include the need for an independent arborist on the site at critical
times during pruning, fence protection, accountability for tree removal companies
and education/outreach of the City's requirements for compliance, supporting
higher replacement values for trees as a penalty for malice, adding
enhancements to tree pruning requirements, bonding and mitigation fees to
cover the costs associated with the City's Arborist time, and providing the
Director of Public Works flexibility to select replacement trees.
These revisions were then considered by the Planning Commission on April 18,
2017. The Planning Commission discussed the changes and advised staff to
also consider adding construction notes to project plans referencing key
components of the Ordinance where applicable, include an enhanced description
of the Critical Root Zone and dripline, and modify Section 12.16.090 subsection
(M)(4) to modify the performance bond requirements. The Commission also
recommended continuing the consideration of the changes to the Community
Tree Program to a future meeting in order to provide all five Commissioners an
opportunity to review the Program (only three were present).
At the May 16, 2017 Planning Commission meeting, the Commission discussed
and recommended the revisions and advised staff to add construction notes to
development plans, develop a brief policy document on the Program, include
signs on the fencing around trees and reminded staff to advise and notify the
landscape and tree removal contractors in the area of the proposed changes.
ANALYSIS OF ISSUES:
The Community Tree Ordinance establishes policies, regulations and
specifications necessary to govern the installation, maintenance and preservation
of trees to accomplish the goals of the program. Periodically, revisions to the
Community Tree Program Ordinance are warranted. Proposed changes to the
Community Tree Program Ordinance are indicated on the attached draft
Ordinance. The proposed Ordinance language changes are intended to do the
following:
• Update definitions, language and references that are out of date or no
longer in practice;
• Address concerns and adopt rules related to pruning activities on
development project sites;
Item 12.a. - Page 2
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12.16 OF
TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE (COMMUNITY
TREE PROGRAM)
JUNE 13, 2017
PAGE 3
• Clarify standards for pruning based on industry accepted standards
published in ANSI A300 Part 1, Pruning, published by the Tree Care
Industry Association;
• Increase the penalty for removal of trees without the appropriate tree
removal permit;
• Revise the language related to the bonding requirements; and
• Reflect current policies regarding maintenance of public improvements
damaged by street trees.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Introduce the Ordinance amending Chapter 12.16 of the Arroyo Grande
Municipal Code regarding the Community Tree Program;
2. Modify and introduce the Ordinance amending Chapter 12.16 of the
Arroyo Grande Municipal Code regarding the Community Tree Program;
or
3. Provide other direction to staff.
ADVANTAGES:
The proposed changes will provide beneficial updates to the Program to reflect
current practices and definitions. The proposed changes also allow for clearer
oversight and guidance for tree pruning on development sites, and increase the
penalties related to tree removal activity done without an appropriate permit.
DISADVANTAGES:
There may be objections to the increased City oversight of tree pruning activities
on development sites and the additional penalties for tree removal violations.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and the Arroyo Grande Procedures for the Implementation of
CEQA, the proposed revisions to the Ordinance have been determined to be
categorically exempt per Section 15308 of the Guidelines regarding actions by
regulatory agencies for protection of the environment.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City's website in accordance with
Government Code Section 54954.2. At the time of report publication, no
comments have been received.
Item 12.a. - Page 3
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, maintenance, and
regeneration of all trees; and
WHEREAS, periodically revisions are required to properly administer the Community Tree
Program; and
WHEREAS, on April 12, 2017, the Parks and Recreation Commission reviewed and considered
the information presented and made recommendations regarding the proposed amendments to
the Community Tree Program; and
WHEREAS, on February 1, 2017, April 18, 2017, and May 16, 2017, 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 June 13, 2017, 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
Item 12.a. - Page 4
ORDINANCE NO.
PAGE 2
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.
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.
"Critical Root Zone" means the area in which the loss, disturbance, or damage to any roots
will adversely affect the tree's long-term health and structural stability.
"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 non dormant 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.
"Designated City Arborist" 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.
"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 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 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 fire 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
Item 12.a. - Page 5
ORDINANCE NO.
PAGE 3
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.
"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.
"Pruning" means cutting, trimming or removing tree canopy or roots according to ANSI
A300 Part 1, Pruning, published by the Tree Care Industry Association.
"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
I 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 recponsiblc for the city landmark tree
program, memorial tree planting, Arbor Day activities, "education programs, i:cuing of tree
"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. -
i
. I
Item 12.a. - Page 6
ORDINANCE NO.
PAGE4
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 faciliticsPublic Works department. Street trees
shall be of a 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 where directed by the Designated City
Arborist.
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 Designated City Arborist .
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 irrigationroot
pruning, canopy pruning 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 property 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.
Item 12.a. - Page 7
ORDINANCE NO.
PAGE 5
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 ctrcct trees that have
traffic hazards in adjacent streets.
BA. The public works director shall order the repair or replacement of such damaged public
improvements damaged by street trees. TStreet 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 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, damage to public improvements shall be root tmmedpruned 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, thepublic 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 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
Item 12.a. - Page 8
ORDINANCE NO.
PAGE 6
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.
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 coordinatorDesignated City Arborist.
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 Designated City Arboristtree 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, as set forth in the
ManualGuide for Plant Appraisalecs, published by the Council of Tree and Landscape
Item 12.a. - Page 9
•
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Appraisers, but in no event shall it be less than threeenehundred fifty dollars ($301-50.00)
per tree; and it shall be in addition to any criminal fine or penalty for municipal code
violation.
I C. The intended decision of the director or Designated City Arborist 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 or as a potential safety hazard;
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 public works or his/her designee will be required to be planted
in its place, unless determined by the director of public works to be unnecessary due to
special circumstances of the site.
E. Standards for the Pruning of Regulated 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 Arboriculturcpublished in ANSI A300 Part 1, Pruning,
published by the Tree Care Industry Association.
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.
4-: "Topping" means the severe cutting back of limbs to stubs larger than three inches in
and disfigure the tree. It is unlawful to top or stub trcco.
1.2. Utility line clearing shall be accomplished by the drop crotch method of directional
method of pruning and shall include side branches.
2.3. All pruning of public trees shall be in accordance with current pruning published in
ANSI . A300 Part 1, Pruning, published by the Tree Care Industry
Association ---' '-- •- - -- 0 -- - "e .
Item 12.a. - Page 10
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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;
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 fire
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
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
election of the planning commission, For all subdivision maps for development in the City,
the subdivider shall be responsible for the purchase, planting, maintenance and
replacement, if necessary of cuch troopall trees required as a condition of subdivision map
approval for twenty-four (24) months after planting and acceptance according to a uniform
planting plan approved by the director. The subdivider shall may be required to post a bond,
or security, with the,amount to be determined by the planning nommissienapproval authority
or by the director, to assure faithful performance. The bond, or other security, may be held
by the city for a maximum of two years.
Item 12.a. - Page 11
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B The City may require a six-foot tree planting easement on all or select
_ streetswithin 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 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 plaaning
eemna-issienCity. 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 appraised or replacement value of the tree, as determined by the director and
as setforth in the GuideManuaf for Plant Appraisaler-s, published by the Council of Tree and
Landscape Appraisers„ but in no event shall it be less thatn ene-three hundred fifty dollars
- ($300.00) 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, including recommended tree protection requirements, to the permit-granting
authority ..' - - - -- - -- -- _ -- _- -• - -- -- - - ---- -_- . -_ _ --
city. Upon the Directors discretion, where significant or unique tree conditions exist, the
property owner or developer shall be required to reimburse the City for the cost of City staff,
or an Independent Arborist to prepare the written report and/or to provide on-site
observation of tree removal or pruning work.
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
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than one-three hundred fifty dollars ($30.1-50.00) per tree. The intentional killing, removal or
damaging of any tree, as a result of development activity, shall constitute a misdemeanor
and shall result in the replacement method of determining the tree value being applied.-
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
designated trees) 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 ($5,000.00) 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. Appropriate informational
signage shall be attached to the fence indicating the reasons for tree protection. 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. The fence and signage shall remain throughout the
construction activities.
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 boring 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, or security, shall 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 Mammal—Guide for Plant
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I
i
Appraisealfs, 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.
O. 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.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause 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, or clause thereof, irrespective of the fact that any one or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
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 by Council Member , seconded by Council Member , and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of , 2017.
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JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
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