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HomeMy WebLinkAboutItem 3 - Text Amendment 14-03STAFF REPORT Development Services Department DATE: November 25, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administra 1- SUBJECT: APPROVAL OF TEXT AMENDMENT NO. TA 14 -03 WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND CHAPTER 7 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO ADD SYCAMORE TREES TO THE CITY'S TREE PRESERVATION REGULATIONS Recommended Action: Recommend approval to the City Council SUMMARY The Development Services Department has prepared Text Amendment No. TA 14 -03 to propose the addition of Sycamore trees to the City's tree protection regulations. The attached, amended version of the City's regulations shows new text in underlined italics, and deletions as strikethroughs (stri et"r ughs). This text amendment is in response to direction from the City Council. It is recommended that the Planning Commission direct staff to prepare an ordinance for consideration by the City Council, and convey the Commission's recommendations and comments to the City Council. BACKGROUND The City's oak tree preservation regulations were added to the Arcadia Municipal Code by Ordinance No. 1962 in January of 1992, and were amended by Ordinance No. 2207 in July, 2005, to establish a separate process for oak tree encroachment permits. At the August 19, 2014, City Council Meeting, Council Member Torn Beck asked if the City Council was willing to consider the protection of Sycamore trees. Mayor John Wuo, and Mayor Pro Tempore Gary Kovacic concurred, and there was no objection by the other Council Members. DISCUSSION The proposed text amendment will add Sycamore trees to Chapter 7 of Article IX by replacing specific references to Oak trees with a general term regarding `Protected Trees,' which are defined in the regulations, and to which Sycamore trees will be added. Currently, protected Oak trees include the following: 1. Quercus engelmanni (Engelmann oak), or Quercus agrifolia (coast live oak, California live oak) with a trunk diameter larger than four (4) inches measured at a Text Amendment No. TA 14 -03 Add Sycamore Trees November 25, 2014 — Page 2 of 3 point four and one -half (41/2) feet above the crown root, or two (2) or more trunks measuring three (3) inches each or greater in diameter, measured at a point four and one -half (41/2) feet above the crown root. 2, Any other living oak tree with a trunk diameter larger than twelve (12) inches measured at a point four and one -half (41/2) feet above the crown root, or two (2) or more trunks measuring ten (10) inches each or greater in diameter, measured at a point four and one -half (4'/) feet above the crown root. These definitions for protected Oak trees will remain, and the following definition for Sycamore trees will be added: 3. Plantanus racemosa (Sycamore) with a trunk diameter larger than six (6) inches measured at a point four and one -half (4%) feet above the root crown, or two (2) or more trunks measuring four (4) inches each or greater in diameter, measured at a point four and one -half (4M) feet above the mot crown. Sycamore trees are native to California, and were abundant in coastal plains and foothills. They are a dominant species in alluvial woodlands, which was the primordial geography of the City of Arcadia. They are considered desirable trees in both natural and ornamental landscape settings, and being deciduous, they provide shade during the summer, but let light in during the winter. This makes them a popular tree for green architecture /sustainable design. However, due to increasingly intense development activity, many mature Sycamore trees are being removed indiscriminately. Similar to Oak trees, Sycamore trees should be recognized as an aesthetic and ecological resource worthy of protection, The above definition for the protection of Sycamore trees was developed in consultation with Certified Arborist, Michael Crane of Arbor Care, Inc., and the landscape architecture firm of Armstrong & Walker, with whom the City contracts for Water Efficient Landscaping Ordinance plan checking and inspections. Staff also consults with Armstrong & Walker for assistance in design review of landscaping plans. The recommended diameters indicate a mature specimen worthy of protection. The measurement at a point four and one -half (4'/2) feet above the root crown is an industry standard for measuring the diameter of a tree trunk. ENVIRONMENTAL ASSESSMENT The proposed Text Amendment qualifies for an exemption from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines because it is a project that does not have a potential for causing a significant effect on the environment. A Preliminary Exemption Assessment is attached. The removal of protected trees per the Arcadia Municipal Code would also be exempt from CEQA, provided the removal does not impact a designated scenic vista or resource, or conflict with an adopted conservation plan or area. The City of Arcadia does not presently have any designated scenic vista or resource areas, but the City's General Plan does designate the upper Santa Anita Wash and the Peck Road Water Text Amendment No. TA 14 -03 Add Sycamore Trees November 25, 2014 — Page 3 of 3 Conservation Area as Open Space for Resource Protection. Removal of protected trees in these areas would be subject to an analysis of potential environmental impacts under CEQA. PUBLIC NOTICE /COMMENTS The Public Hearing Notice for Text Amendment No. TA 14 -03 was published in the Arcadia Weekly on November 13, 2014. As of November 20, 2014, no comments were received in response to the public hearing notice. RECOMMENDATION The Planning Commission should approve a motion to direct staff to prepare an ordinance for consideration by the City Council, and convey the Commission's recommendations and comments to the City Council. If any Planning Commissioner or other interested party has any questions regarding this matter prior to the November 25, 2014, meeting, please contact Jim Kasama, Community Development Administrator at (626) 574 -5442, or jkasama @ArcadiaCA.gov. Attachments: 1. Proposed amendments shown in italics and strikethroughs 2. Preliminary CEQA Exemption Assessment Attachment No. 1 — Text Amendment No. TA 14 -03 Page 1 of 7 CHAPTER 7 OAK -TREE PRESERVATION 9700. INTENT AND PURPOSE. This Chapter is established to recognize oak trees and sycamore trees as significant aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of irreplaceable plant heritage for the benefit of the current and future residents of the City. It is the intent of this Chapter to maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution. It is also the intent of this Chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas in the City. 9701. SCOPE. No oak trccprotected trees as herein defined shall be removed, damaged or have its protected zone encroached upon except in conformance with the provisions of this Chapter. The provisions of this Chapter shall apply to all eak—protected trees on all public and private property whether vacant, undeveloped, in the process of development or developed. Exceptions. The following are exempt from the provisions of this Chapter: A. Combined Permit. An Oak Tree Removal Tree Permit is not required where tree removal and /or encroachment has been specifically approved as part of a development permit. B. Emergency Situation. Cases of emergency where the Development Services Director or the Director of Public Works Services or their designees, or any member of a law enforcement agency or the City of Arcadia Fire Department, in the performance of his or her duties, determines that an oak a protected tree poses an imminent threat to the public safety, or general welfare. C. Visual Barriers. Removal or relocation of oak protected trees necessary to obtain adequate line -of -sight distances as required by the Development Services Director or Director of Public Works Services or their designees. D. Public Utility Damage. Actions taken for the protection of existing electrical power or communication lines or other property of a public utility. E. City Property. Removal of eak—protected trees on City owned property, which in the opinion of the Director of Public Works Services or designee, will cause damage to existing public improvements, or which are in a location that does not permit the development of the site for public purposes. 9702. DEFINITIONS. follows: For the purposes of this Article, certain words and phrases used herein shall be defined as a. Damage. Damage shall mean any action undertaken which causes injury, death, or disfigurement to an oak protected tree. This includes, but is not limited to, cutting, Attachment No. 1 — Text Amendment No. TA 14 -03 Page2of7 poisoning, overwatering, relocating or transplanting an oak protected tree, or trenching, excavating or paving within the protected zone of an oak protected tree. b. Director. In a matter involving private property, "Director" shall mean the Director of Planning Development Services of the City of Arcadia or appointed designee. In the matter involving public property, "Director" shall mean the Director of Public Works Services of the City of Arcadia or appointed designee. c. Drip Line. Drip line shall mean a series of points formed by the vertical dripping of water, on any property, from the outward branches and leaves of an oak protected tree. d. Encroachment. Encroachment shall mean any intrusion into the protected zone of an eak- protected tree including, but not limited to, grading, excavation, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. e. Oak—Protected Trees. Oak—Protected trees shall include the following: 1. Quercus eEngelmannii (Engelmann oak), or Quercus agrifolia (coast live oak, California live oak) with a trunk diameter larger than four (4) inches measured at a point four and one -half (4Y2) feet above the root crown-reet, or two (2) or more trunks measuring three (3) inches each or greater in diameter, measured at a point four and one -half (4Y2) feet above the root crown-reet. 2. Any other living oak tree with a trunk diameter larger than twelve (12) inches measured at a point four and one -half (41/2) feet above the root crown-reet, or two (2) or more trunks measuring ten (10) inches each or greater in diameter, measured at a point four and one -half (41/2) feet above the root crown-reet. 3. Plantanus racemosa (Sycamore) with a trunk diameter larger than six (6) inches measured at a point four and one -half (4 %) feet above the root crown, or two (2) or more trunks measuring four (4) inches each or greater in diameter, measured at a point four and one -half (4 %) feet above the root crown. f. Private Property. Private property shall mean land owned by individuals, partnerships, corporations, firms, churches, and the like to which land access by the public is generally restricted. g. Protected Zone. Protected zone shall mean a specifically defined area totally encompassing an oak protected tree within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular shaped circle that follows the contour of the dripline of the eak—protected tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of an oak protected tree, or exclude the known root structure in the case of irregularly shaped trees. h. Public Property. Public property shall mean land owned by a public or governmental entity and generally accessible to the public. i. Removal. Removal shall mean the uprooting, cutting, or severing of the main trunk, or major branches, of an oak protected tree or any act which causes, or may be reasonably expected to cause a protected tree to die, including but not limited to the following: Attachment No. 1 — Text Amendment No. TA 14 -03 Page3of7 1. Damage inflicted upon the root system by machinery, storage of materials, or soil compaction; 2. Substantially changing the grade above the root system or trunk; 3. Excessive pruning; 4. Excessive paving with concrete, asphalt, or other impervious materials in such a manner which may reasonably be expected to kill an oak protected tree; 5. Excessive or inadequate watering within the dripline; 6. Encroachment into the protected zone. Root Crown. Root crown shall mean that portion of an oak protected tree trunk from which roots extend laterally into the ground. k. Undeveloped Property. Undeveloped property shall mean land which is in its natural, original, or pristine state. I. Vacant Property. Vacant property shall mean land on which no buildings or improvements have been erected or orchards planted but which may have been graded for drainage or other purposes. 9703. OAK TREE PROTECTION REGULATIONS. a. Oak-Tree Permit Required. 1. An oak tree permit shall be obtained prior to the removal of any oak protected tree. 2. An oak tree permit shall be obtained prior to any encroachment into the protected zone of any oak protected tree. b. Required Protective Measures. The following protective measures are hereby established to protect oak for protected trees during development or construction activity: 1. No building, structure, wall or impervious paving shall be located within the protected zone of any oak protected tree. 2. No construction related activities shall occur within the protected zone of any ea-k protected tree, including but not limited to, building construction, storage of materials, grade changes, or attachment of wires to or around tree trunks, stems, or limbs. 3. Each and every oak protected tree shall be shielded from damage during construction by a four (4) foot high barrier composed of wooden stakes, chicken wire, or chain link fencing material, which shall enclose the entire dripline area on the construction site. Such barriers shall be installed prior to the commencement of any development on the site and shall remain in place throughout the construction period. Attachment No. 1 - Text Amendment No. TA 14 -03 Page 4 of 7 4. Branches that may be injured by vehicles or that interfere with construction shall be pruned carefully. 9704. APPLICATION AND FEES. A. 9a -Tree Permit for the Removal of Diseased and /or Hazardous Qa-k- Protected Trees. 1. An application for a,m :> ± tree permit for the removal of a diseased or hazardous aK protected tree shall be made to the Community Development Division, and shall include an evaluation from a certified arborist as to the condition of the tree. 2. There is no fee for ;,; tree permit for the removal of a diseased or hazardous eak-protected tree. B. 9a -Tree Permit for the Removal of Healthy Oak-Protected Trees. 1. An application for a_n oak tree permit for the removal of a healthy eak-protected tree shall be made to the Community Development Division. The content, form, instructions, procedures, and requirements of the application package deemed necessary and appropriate for the proper enforcement of this Chapter shall be established by the Community Development Division. The application shall include but not be limited to the following: (a) An explanation as to why the tree's removal is necessary. (b) An explanation as to why tree removal is more desirable than alternative project designs. (c) An explanation of any mitigation measures. (d) A fee in the same amount as required for a modification application. C. Oa-k- -Tree Permit for Encroachment Into a Protected Zone. 1. An application for an-eak tree permit for encroachment into a protected zone shall be made to the Community Development Division, and shall include an evaluation from a certified arborist as to the condition of the tree and the effect of the encroachment upon the tree accompanied by the appropriate photographs showing the area(s) of encroachment. 2. A fee in the same amount as required for an administrative modification application shall be submitted at the time said application is filed with the City. 9705. ACTION ON APPLICATION A. Qak,Tree Permit for the Removal of Diseased and Hazardous 9ak- Protected Trees. 1. Upon the receipt of an application to remove a diseased or hazardous oak-protected tree, the Community Development Administrator or his /her designee shall have five (5) working days to approve, conditionally approve, or deny the application. Attachment No. 1 — Text Amendment No. TA 14 -03 Page5of7 2. If the Community Development Administrator or his /her designee denies such application, the decision may be appealed to the Modification Committee. Such appeal shall be processed pursuant to the modification regulations. The fee for an appeal shall be the same as for a Modification application. 3. The privileges granted an applicant in this Section shall become null and void if not utilized within one (1) year from the date of the approval. B. 0a4 -Tree Permit for the Removal of Healthy Oak- Protected Trees. 1. The application for an oak tree permit for the removal of a healthy oak-protected tree or trees shall be subject to the approval or conditional approval of the Modification Committee or the Planning Commission (on appeal) or City Council (on appeal) pursuant to the modification regulations. 2. If the applicant livcssubject property is within a Homeowners Association area established pursuant to Section 9272.2.3 of the Arcadia Municipal Code, the applicant shall submit their tree removal plans to the Architectural Review Board (Committee) of said Homeowners Association for review and approval, conditional approval or denial, prior to filing an application with the City. 3. The Architectural Review Board's (Committee's) review and comment are not required if the Homeowners Association has filed a letter with the Community Development Division stating that their Association does not wish to perform such review. 4. The privileges granted an applicant in this Section shall become null and void if not utilized within one (1) year from the date of the approval or conditional approval. C. Oak-Tree Permit for Encroachment Into a Protected Zone. 1. Upon the receipt of an application to encroach into the protected zone of an oak protected tree, the Community Development Administrator or his /her designee shall have five (5) working days to approve, conditionally approve, or deny the application. 2. If the Community Development Administrator or his /her designee denies such application or approves said application with conditions, the applicant may appeal the denial or the conditions of approval to the Modification Committee. Such appeal shall be processed pursuant to the modification regulations. The fee for an appeal shall be the same as for a modification application. 3. The privileges granted an applicant in this Section shall become null and void if not utilized within one (1) year from the date of the approval. 9706. CONDITIONS. Conditions may be imposed on the issuance of an Oak Tree Permit including, but not limited to, the following: a. Relocating of oak protected trees on -site, or the planting of new protected oak trees. b. Planting of additional trees, other than ea-kprotected trees, which may be more appropriate to the site. Attachment No. 1 - Text Amendment No. TA 14 -03 Page6of7 9707. ENFORCEMENT. a. The Planning Development Services Department, through its Code Enforcement Services Officers, shall enforce the provisions of this Chapter. Additionally, Police Officers, inspectors from the-Building Division Services and Public Works Services Department, in the course of their duties, will monitor construction activities for compliance with the provisions of this Chapter. Any irregularities or suspected violations will be reported immediately to the-Code Enforcement DivisionServices for follow -up action. b. Whenever any construction or work is being performed contrary to the provisions of this Chapter, any ea-k-tree permit, or any conditions of the appropriate development permit, a City inspector may issue a notice to the responsible party to "stop work" on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or danger and no work shall be allowed until the violation has been rectified and approved by the Director of PlanningDevelopment Services or designee. c. Criminal and Civil Remedies. 1. Criminal. Any person who violates any provisions of this Chapter including violations of inspector's orders shall be subject to the following remedies in addition to misdemeanor penalties for violation of the Municipal Code. 2. Restitution —Civil Penalties. (a) It has been determined that the oak protected trees within the City are valuable environmental assets to the citizens of this community and as a result of the loss of any of these oak protected trees, the public should be recompensed, and penalties applied to assure the primary goal of conservation, protection, and preservation of oak protected trees as set forth in this Chapter. (b) Accordingly, any person violating the provisions of this Chapter shall be responsible for proper restitution including but not limited to the following or any combination thereof: (1) payment of a fine, (2) replacement the oak protected tree, which has been removed, and /or (3) planting new oak- protected trees or other trees which may be more appropriate to the site. Replacement shall be made based on the value or the actual replacement cost, whichever is higher, plus the cost of planting the replacement trees. The type, number, size and location of said equivalent replacement trees shall be determined by the Development Services Director of Planningor designee. (c) Tree values shall be established as provided in the tree evaluation formula, as prepared by the International Society of Arboriculture "Guide to Establishing Value for Trees and Shrubs." (d) The City Attorney is authorized to take whatever legal steps are necessary for recovery of civil penalties. d. Administrative Remedies. Attachment No. 1 — Text Amendment No. TA 14 -03 Page7of7 1. A suspension of any building permits until all mitigation measures specified by the City are satisfactorily completed. 2. Completion of all mitigation measures as established by the City. 9708. LIABILITY. Nothing in this chapter shall be deemed to impose any liability upon the City, its officers, or employees. No duty of care or maintenance is imposed upon the City, its officers or employees with reference to private property, and no private property owner or other person in possession of private property is relieved from the duties to keep eak—protected trees in a safe condition on their property. This ordinance does not relieve the owner or possessor of private property from the duty to keep oak protected trees subject to this chapter in such a condition as to prevent the eak—protected tree from constituting a hazard or dangerous condition to persons or property. Attachment No. 2 -- Text Amendment No. TA 14 -03 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Text Amendment No. TA 14 -03 to add Sycamore trees to the City's tree protection regulations 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): City -wide 3. Entity or person undertaking project. A. City of Arcadia — Development Services Department B. Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a, ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ❑ The project is categorically exempt. Applicable Exemption Class: f. ❑ The project is statutorily exempt. Applicable Exemption: g. • The project is otherwise Per Section 15061(b)(3) of the CEQA Guidelines, exempt on the following basis: this project does not have a potential for causing a significant effect on the environment. h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: November 10, 2014 Staff: Jim Kasama, Community Development Administrator FORM "A" — Preliminary Exemption Assessment Text Amendment No. TA 14 -03 — Attachment No. 2