CC 2017-06-13_12a Intro Ordinance Amending Tree Program PP PresentationREVIEW OF THE
ARROYO GRANDE MUNICIPAL CODE
COMMUNITY TREE PROGRAM
6/13/2017
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REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE
ARROYO GRANDE MUNICIPAL CODE
6/13/2017
Recommendation:
Recommend approval to the City Council of the proposed amendments to Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code (Community Tree Program).
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Tree Ordinance Authorized Tree Removal Conditions
The Community Tree Ordinance (Title 12.16) previously adopted by the Arroyo Grande City Council is a comprehensive tree protection program that promotes:
The preservation, the maintenance, and regeneration of all trees;
A beautiful and aesthetically pleasing community;
Trees or groves of unique or historical value and wildlife habitat;
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;
Improved communication between the Parks and Recreation Commission, Architectural Review Committee and the Planning Commission regarding tree related issues and concerns
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REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
Planning Commission issues and concerns :
Have an independent arborist on site during pruning for crucial projects (not selected by the developer);
Placement of a fence to protect trees prior to any work on the site;
Hold tree removal companies accountable (companies need to be informed in writing);
Support higher replacement value for trees if staff finds that there is malice
Identify ways to notify tree trimming businesses to be in compliance of tree cutting/pruning in the City;
Add enhancements to tree pruning requirements in the Tree Ordinance;
Require a performance bond for the tree being protected;
Include a mitigation fee for the City’s Arborist time during the duration of pruning process;
Give the Public Works Director the flexibility to select a replacement tree.
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Comment #1: Have an independent arborist on site during pruning for crucial projects (not selected by the developer)
Response: Addressed via proposed language modification to Section 12.16.090 E.
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 for City staff,
or an Independent Arborist to prepare the written report and/or to provide on-site observation of tree removal or pruning work.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #2: Placement of a fence to protect trees prior to any work on the site
Response: This matter is already addressed in Section 12.16.090 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.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #3: Hold tree removal companies accountable (companies need to be informed in writing)
Response: This matter is already addressed in Section 12.16.070 E.
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.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #4: Support higher replacement value for trees if staff finds that there is malice.
Response: Addressed via proposed language modification to Section 12.16.090 H.
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.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #5: Identify ways to notify tree trimming businesses to be in compliance of tree cutting/pruning in the City.
Response: City staff to send a copy of the revised Community Tree Program Ordinance to all arborists and tree trimming companies in San Luis Obispo and Santa Barbara counties and to
all arborists and tree trimming companies that currently have a City building permit.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #6: Add enhancements to tree pruning requirements in the Tree Ordinance.
Response: Addressed via proposed language modification to Section 12.16.070 E. 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 published in ANSI A300 Part 1, Pruning, published
by the Tree Care Industry Association.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #7: Require a performance bond for the tree being protected
Response: This matter is already addressed in Section 12.16.090 M
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 Guide for Plant Appraisal, Council of Tree and Landscape Appraisers.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #8: Include a mitigation fee for the City’s Arborist time during the duration of pruning process
Response: Addressed via proposed language modification to Section 12.16.090 E.
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 for City staff,
or an Independent Arborist to prepare the written report and/or to provide on-site observation of tree removal or pruning work.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #9: Give the Public Works Director the flexibility to select replacement tree.
Response: Addressed via proposed language modification to Section 12.16.090 A.
The sub-divider 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.
REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
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Comment #10: Include Construction Notes on project plans stating pertinent requirements of the Ordinance.
Response: Once the changes are adopted, portions of the Ordinance and/or selective sections/subsections can be rewritten in a form as construction notes for project plans. Because the
Ordinance is comprehensive to the City and not only for specific construction projects, it is best to have the construction notes addressed separately as a policy document derived from
selective language within the Ordinance. A construction note procedure and layout can be brought back to the Commission at a later date as an informational item.
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Comment #11: The definition of dripline and critical root zone should be added.
Response: The proposed definition of the critical root zone is not recommended for change or expansion of the definition and the definition of the Dripline is existing and not recommended
for change. In performing some research, the definitions of critical root zones can change based on updated studies in the forestry industry. The City uses an industry acceptable standard
of one foot away from the tree per inch of trunk diameter at four feet six inches above the ground. In some cases, this could hinder development that is viable for the City. Industry
experts warn the public that root systems vary by depth and spread based on species, age, soil conditions, location that the full root zone may extend up to three times beyond the critical
root zone. Therefore, it is recommended to not provide that specificity in the code for risk of challenge and allow the Arborist to make a professional recommendation to the Director.
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Comment #12: Enhance and modify Section 12.16.090 M 4.
Response: This comment was discussed during discussion of the aforementioned Comment 7 in which the existing language in the Code could be revised to replace the word “may” with “shall”
and modify the language to include “security” to provide some flexibility for the method in which the developer, property owner, etc. can provide coverage.
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TREE REMOVAL APPLICATION
CITY MAINTAINED STREET TREES
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TREE REMOVAL APPLICATION
PRIVATELY OWNED REGULATED TREES - DENIED
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REVIEW OF THE COMMUNITY TREE PROGRAM CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE
Recommendation:
Recommend approval to the City Council of the proposed amendments to Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code (Community Tree Program.
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