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HomeMy WebLinkAboutItem 1b - Ordinance re Sycamore Trees�� G,�v�rok.vr9ry� Augu >� S.A1'90i Z r Co�bl�nity of DATE: TO: FROM: STAFF REPORT Development Services Department March 3, 2015 Honorable Mayor and City Council Jason Kruckeberg, Assistant City Manager /Development Services Director Jim Kasama, Community Development Administrator SUBJECT: ORDINANCE NO. 2323 AMENDING ARTICLE IX, CHAPTER 7 OF THE ARCADIA MUNICIPAL CODE TO ADD SYCAMORE TREES TO THE CITY'S TREE PRESERVATION REGULATIONS Recommendation: Adopt SUMMARY At its meeting on February 17, 2015, on a 3 -2 vote, the City Council introduced Ordinance No. 2323, to amend the Arcadia Municipal Code to add Sycamore trees to the City's tree preservation regulations. Currently, oak trees are the only protected tree in the community. The proposed Ordinance No. 2323, and the February 17, 2015, staff report are attached. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2323 amending Article IX, Chapter 7 of the Arcadia Municipal Code to add Sycamore trees to the City's tree preservation regulations. Approved. Dominic Lazzar City Manager Attachments: Ordinance No. 2323 February 17, 2015 City Council Staff Report ORDINANCE NO. 2323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX, CHAPTER 7 OF THE ARCADIA MUNICIPAL CODE TO ADD SYCAMORE TREES TO THE CITY'S TREE PRESERVATION REGULATIONS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7 of Article IX of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "TREE PRESERVATION 9700. INTENT AND PURPOSE. This Chapter is established to recognize oak trees and sycamore frees 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 protected 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 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. A 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 Fire Department, in the performance of his or her duties, determines that protected tree poses an imminent threat to the public safety, or general welfare. C. Visual Barriers. Removal or relocation of protected trees necessary to obtain adequate line -of -sight distances as required by the Development Services Director or the 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 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. For the purposes of this Article, certain words and phrases used herein shall be defined as follows: a. Damage. Damage shall mean any action undertaken which causes injury, death, or disfigurement to a protected tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocating or transplanting a protected tree, or trenching, excavating or paving within the protected zone of a protected tree. 2 b. Director. In a matter involving private property, "Director" shall mean the Director of 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 fine shall mean a series of points formed by the vertical dripping of water, on any property, from the outward branches and leaves of a protected tree. d. Encroachment. Encroachment shall mean any intrusion into the protected zone of a 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. Protected Trees. Protected trees shall include the following: 1. Quercus Engelmannii (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, 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. 2. Any other living oak tree with a trunk diameter larger than twelve (12) inches measured at a point four and one -half (4'/2) feet above the root crown, or two (2) or more trunks measuring ten (10) inches each or greater in diameter, measured at a point four and one -half (4'/z) feet above the root crown. 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) 3 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 a 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 protected tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of a 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 a 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: 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 a protected tree; 5. Excessive or inadequate watering within the dripline; 12 6. Encroachment into the protected zone. j. Root Crown. Root crown shall mean that portion of a 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. 1. 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. TREE PROTECTION REGULATIONS. a. Tree Permit Required. 1. A tree permit shall be obtained prior to the removal of any protected tree. 2. A tree permit shall be obtained prior to any encroachment into the protected zone of any protected tree. b. Required Protective Measures. The following protective measures are hereby established 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 protected tree. 2. No construction related activities shall occur within the protected zone of any 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 protected tree shall be shielded from damage during construction by a four (4) foot high barrier composed of wooden stakes, chicken wire, or y 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. 4. Branches that may be injured by vehicles or that interfere with construction shall be pruned carefully. 9704. APPLICATION AND FEES. A. Tree Permit for the Removal of Diseased and /or Hazardous Protected Trees. 1. An application for a tree permit for the removal of a diseased or hazardous 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 a tree permit for the removal of a diseased or hazardous protected tree. B. Tree Permit for the Removal of Healthy Protected Trees. 1. An application for a tree permit for the removal of a healthy 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. 0 C. Tree Permit for Encroachment Into a Protected Zone of Protected Trees, I. An application for a tree permit for encroachment into a protected zone of a 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 protected tree and the effect of the encroachment upon the protected 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. Tree Permit for the Removal of Diseased and Hazardous Protected Trees. 1. Upon the receipt of an application to remove a diseased or hazardous protected tree, the Community Development Administrator or his /her designee shall have ten (10) working days to approve, conditionally approve, or deny the application. 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 six (6) months from the date of the approval. B. Tree Permit for the Removal of Healthy Protected Trees. 1. The application for a tree permit for the removal of a healthy 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. 7 2. If the subject property is within a Homeowners Association area established pursuant to 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. Tree Permit for Encroachment Into a Protected Zone of Protected Trees. 1. Upon the receipt of an application to encroach into the protected zone of a protected tree, the Community Development Administrator or his /her designee shall have ten (90) 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 a Tree Permit including, but not limited to, the following: a. Relocating of protected trees on -site, or the planting of new protected trees. b. Planting of additional trees, other than protected trees, which may be more appropriate to the site. 9707. ENFORCEMENT. a. The Development Services Department, through its Code Services Officers, shall enforce the provisions of this Chapter. Additionally, Police Officers, planners, inspectors from Building Services and the 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 Community Development Division for follow -up action. b. Whenever any construction or work is being performed contrary to the provisions of this Chapter, any 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 Development Services or designee. X 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 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 protected trees, the public should be recompensed, and penalties applied to assure the primary goal of conservation, protection, and preservation of 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 protected tree, which has been removed, and/or (3) planting new 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 Director of Development Services or 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. 10 d. Administrative Remedies. I. 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 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 protected trees subject to this chapter in such a condition as to prevent the protected tree from constituting a hazard or dangerous condition to persons or property." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31S) day after its adoption. [SIGNATURES ON NEXT PAGE] 11 Passed, approved and adopted this day of 2415. ATTEST: City Clerk APPROVED AS TO FORM: P — Stephen P. Deitsch City Attorney 12 Mayor 'Y G,,,LIFO .vrNy� .lun uai 5.19 U: STAFF REPORT Development Services Department DATE: February 17, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director Jim Kasama, Community Development Administrator SUBJECT: ORDINANCE NO. 2323 AMENDING ARTICLE IX, CHAPTER 7 OF THE ARCADIA MUNICIPAL CODE TO ADD SYCAMORE TREES TO THE CITY'S TREE PRESERVATION REGULATIONS Recommendation: Introduce SUMMARY Pursuant to City Council direction, Ordinance No. 2323 has been drafted to add Sycamore trees to the City's tree preservation regulations. The proposed text amendments have been reviewed by the Planning Commission, which recommended against adding Sycamores to the protected tree list because the existing preservation efforts being applied through design review are adequate to prevent the loss of Sycamore trees due to demolitions and new development. Nevertheless, it is recommended that the City Council introduce Ordinance No. 2323 amending Article IX, Chapter 7 of the Arcadia Municipal Code to add Sycamore trees to the City's tree preservation regulations. 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 Beck asked if the City Council was willing to consider the protection of Sycamore trees. Mayor John Wuo and Mayor Pro Tern Gary Kovacic concurred and staff was directed to prepare an ordinance for consideration. DISCUSSION The proposed Ordinance No. 2323 will add Sycamore trees to Chapter 7 of Article IX, which is currently titled, "Oak Tree Preservation." The proposed Ordinance would change the title to, "Tree Preservation," and would replace specific references to Oak trees with the general term, "Protected Trees," which are defined in the regulations, and to which Sycamore trees will be added. Currently, protected Oak trees include the following: Ordinance No. 2323 regarding Sycamore Trees February 17, 2015 Page 2 of 5 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 point four and one -half (4'/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 (4'/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 (4'/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'/2) 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 (4%) feet above the root crown. 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 (WELD) 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. 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, 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. It is recommended that the City Council introduce Ordinance No. 2323, to amend Article IX, Chapter 7 of the Arcadia Municipal Code to add Sycamore trees to the City's tree preservation regulations. Planning Commission Review & Recommendation The Planning Commission opened a public hearing to consider the proposed text amendments at their November 25, 2014, regular meeting, and continued the hearing to the January 13, 2015, regular meeting to have staff address a number of questions. The primary questions asked, and the staff responses, are provided below: Ordinance No. 2323 regarding Sycamore Trees February 17, 2015 Page 3 of 5 • What are the costs of tree permits? City fees for oak tree applications are as follows: Permit to remove a healthy oak tree - $540; permit for encroachments - $195; and permit to remove a dead, dying, or hazardous tree - $0. All of the above applications must be accompanied by a report by a certified arborist. The costs for an arborist's report vary widely, but generally are $500 for a dead or dying tree, and $1,500 for the evaluation of a healthy tree, or for an encroachment, with an additional $300 per additional tree on the same site. In cases where a tree is a clear hazard or an imminent danger, staff from the Public Works Services Department or the Development Services Department can allow removal without an arborist's report. • Are there alternatives to this text amendment, such as financial incentives to encourage the preservation of Sycamore trees? Staff is not aware of any financial incentive programs. The incentives would have to be substantial in order to encourage developers to preserve a tree that significantly interferes with the buildable area of a property. The City Council wishes to consider whether, or not, Sycamore trees should be subject to the City's tree preservation regulations. The cost to review /protect trees is viewed as minor in the context of overall development costs. • Approximately how many Sycamore trees are there in Arcadia? It is extremely difficult to get an accurate estimate of the number of Sycamore trees in the City. Given staffing, and budgetary limitations, a tree count was not conducted. Staff did ask a number of local arborists for their thoughts, and the estimates varied widely, with the average number around 1,000. • Are there any studies on the economic impacts of tree preservation? Would preserving Sycamore trees be an economic burden? There is an abundance of literature on the value of mature trees for their aesthetic contributions and for their passive cooling /shading affects. But, no studies specific to our community have been done. Anecdotally, there are conflicting opinions based on cultural perceptions. If trees are valued by the property owner, they can add to property values. If trees are considered a nuisance or a danger, then they detract from property values. However, the prevailing sentiment is that mature trees add significant value to a property, and the arboricultural industry has established methods for calculating the value of trees. Based on the aforementioned fees and arborist's costs, the added burden or cost to development of requiring tree permits and arborist's reports to remove or encroach upon Sycamore trees would depend on the scope of the project. For the majority of projects, such as new houses, it would be minimal. Ordinance No. 2323 regarding Sycamore Trees February 17, 2015 Page 4 of 5 • Are applicants of oak tree permits required to disclose if other trees are being removed? For a permit to remove a dead or dying oak tree, information about other trees is not required. For removal of healthy oak trees, and encroachments, a comprehensive landscaping plan is required. Through the Design Review process, the City makes an attempt to plan around all mature trees, and retain mature trees as much as possible. • How often are Sycamore trees removed? Staff has not encountered many plans that indicate the removal of mature Sycamore trees. And, since Sycamore trees do not appear to be as abundant as oak trees, it is expected that there would be fewer applications for the removal of Sycamore trees. For comparison purposes, in the last three years, there has been an average of 66 oak tree encroachment permit applications, 31 applications for the removal of dead /dying or hazardous oak trees, and only five applications for the removal of healthy oak trees. After deliberation on the issue, the Planning Commission expressed concerns about codifying the preservation of Sycamore trees, which would impinge on a property owner's ability to remove a Sycamore tree even when they are not contemplating development. The Commission opined that the protection being achieved through the design review processes of the City and the Homeowners' Associations is adequate. The Commission voted 4 -1 to recommend that Sycamore trees not be added to the tree preservation regulations. While it is true that the Staff and the HOAs generally discourage the removal of healthy, mature trees, these measures are largely voluntary and do not guarantee that a careful and comprehensive analysis takes place as to whether a Sycamore tree should be removed, or whether it can be adequately protected or preserved through the construction process. The only way to ensure that this occurs is by specifically protecting Sycamore trees. ENVIRONMENTAL IMPACT The proposed Ordinance 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 Conservation Area as Open Space for Resource Protection. Removal of protected trees Ordinance No. 2323 regarding Sycamore Trees February 17, 2015 Page 5 of 5 from these areas would be subject to an analysis of potential environmental impacts under CEQA. PUBLIC NOTICE /COMMENTS The Public Hearing Notice for Ordinance No. 2323 was published in the Arcadia Weekly on February 5, 2015. As of February 11, 2015, no comments were received in response to the public hearing notice. FISCAL IMPACT Ordinance No. 2323 will have minimal fiscal impact. The addition of Sycamore trees to the tree preservation regulations will not significantly increase the number of tree permit applications, and the staff time and overhead to process the additional applications will be covered by the application fees. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2323 amending Article IX, Chapter 7 of the Arcadia Municipal Code to add Sycamore trees to the City's tree preservation regulations. Approved: Dominic Lazzarettd City Manager Attachments: Ordinance No. 2323 Preliminary Exemption Assessment