Loading...
HomeMy WebLinkAboutItem 9 - TA 16-02 City's Tree Preservation RegulationsDATE: June 14, 2016 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator SUBJECT: TEXT AMENDMENT NO. TA 16-02 WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND CHAPTER 7 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO ADD ADDITIONAL PROTECTED TREES AND UNPROTECTED TREES TO THE CITY’S TREE PRESERVATION REGULATIONS Recommendation: Recommend approval to the City Council SUMMARY The Development Services Department has prepared Text Amendment No. TA 16-02 to propose the addition of mature trees and a list of unprotected 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 (strikethroughs). This text amendment is in response to direction from the City Council. It is recommended that the Planning Commission approve the proposed amendments, 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. They were amended by Ordinance No. 2207 in July, 2005, to establish a separate process for encroachment permits. The regulations were further amended by Ordinance No. 2323 in March, 2015, to add Sycamore trees as a protected tree. Several months ago, Mayor Beck requested a Study Session to discuss the possibility of protecting more trees. The current regulations protect only oaks and sycamores. A staff report was prepared for a City Council Study Session on April 5, 2016. The report compared the tree protection standards of other cities – refer to Attachment No. 1 for the April 5, 2016, Staff Report. The City Council directed staff to prepare a text amendment to protect mature trees in setback areas. Text Amendment No. TA 16-02 Additional Protected Trees June 14, 2016 – Page 2 of 4 DISCUSSION The proposed text amendment will add protection for mature trees that are over a certain diameter and located within a required front, side, street-side, or rear yard setback area. Currently, protected 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 point four and one-half (4½) 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 (4½) 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 (4½) 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 (4½) feet above the crown root. 3. Plantanus racemosa (Sycamore) with a trunk diameter larger than six (6) inches measured at a point four and one-half (4½) 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 (4½) feet above the root crown. These definitions for protected oaks and sycamores will remain, and the following description of mature trees will be added to the definition of Protected Trees: 4. Any tree, with the exception of the trees listed as Unprotected Trees, that have a trunk diameter larger than twelve (12) inches measured at a point four and one-half (4½) 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 (4½) feet above the root crown and is located within a required front, side, street-side, or rear yard setback. The proposed text amendment also adds a list of Unprotected Trees. These trees have been found to have low aesthetic value and are not well-suited to garden areas. The following list is proposed to be added as the definition of Unprotected Trees: l. Unprotected Trees. Unprotected trees shall mean trees that are not subject to the regulations stated in this Chapter. Unprotected trees shall include any non-oak and non-sycamore tree located outside a required front, side, street-side, or rear yard setback and any of the following trees located anywhere on a property: 1. Fruit trees 2. Fraxinus uhdei (Shamel Ash) 3. Ficuses – Exception: Ficus macrophuylla (Moreton Bay Fig) 4. Eucalyptus 5. Ailanthus altissima (Tree of Heaven) 6. Arecaceae (palm tree) Text Amendment No. TA 16-02 Additional Protected Trees June 14, 2016 – Page 3 of 4 7. Schinus terebinthifolius (Brazilian Pepper) 8. Ceratonia silique (Carob) 9. Betula pendula (European White Birch) 10. Grevillea robusta (Silk Oak) 11. Morus (Mulberry) 12. Acer saccharinum (Silver Maple) 13. Cupressus sempervirens (Italian cypress) 14. Populus ‘Highland’ hybrid 15. Populus Fremontii (Western Cottonwood) 16. Alnus rhombifolia (White Adler) 17. Populus trichocarpa (Black Cottonwood) 18. Salix lasiolepis (Arroyo Willow) The City has encouraged the preservation of mature trees whenever possible through the Design Review process. However, due to the lack of regulation, many are being removed prior to Design Review, or after the construction of a new house is completed. Mature trees provide environmental, social, and economic benefits. By protecting mature trees in setback areas, it will assist in making new homes look more established, and help maintain privacy for the neighbors, but minimally affect the ability to develop a property. Some trees, however, add little aesthetic value to a property, require significant maintenance, and have destructive root systems that can result in financial liabilities to property owners. These trees are proposed to comprise a list of Unprotected Trees. Preserving as many trees, regardless of the species and size, will still be encouraged by the City, however, this will make it easier for property owners to remove specific trees that are not desirable. The above definitions for additional Protected Trees and Unprotected Trees were developed in consultation with Mr. Dave Thompson, the City’s Street Superintendent, who oversees the City’s street trees, and the landscape architecture firm of Armstrong & Walker, with whom the City contracts for Water Efficient Landscaping Ordinance plan checking and inspections, and for assistance in reviewing landscaping plans. The recommended diameters indicate a mature specimen worthy of protection. The measurement at a point four and one-half (4½) 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. Text Amendment No. TA 16-02 Additional Protected Trees June 14, 2016 – Page 4 of 4 The removal of Protected Trees in accordance with the City’s Tree Preservation regulations 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 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 16-02 was published in the Arcadia Weekly on June 2, 2016, and in the Star News on June 3, 2016. As of June 9, 2016, no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve the proposed amendments, direct staff to prepare an ordinance for consideration by the City Council, and convey the Commission’s recommendations and comments to the City Council. PLANNING COMMISSION ACTION The Planning Commission should approve a motion to approve or disapprove of the proposed amendments, 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 Text Amendment prior to the June 14, 2016, meeting, please contact Jordan Chamberlin, Assistant Planner at (626) 821-4334, or jchamberlin@ArcadiaCA.gov. Approved: Attachments: 1. April 5, 2016, City Council Study Session Staff Report 2. Proposed amendments shown in italics and strikethroughs 3. Preliminary CEQA Exemption Assessment Attachment No. 1 Attachment No. 1 April 5, 2016, City Council Study Session Staff Report DATE: April 5, 2016 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director SUBJECT: REPORT, DISCUSSION AND DIRECTION REGARDING PROTECTED TREE SPECIES Recommended Action: Provide Direction Several months ago, Council Member Beck requested that a Study Session be scheduled to discuss the possibility of adding new tree species to the list of protected trees in the City. Currently, the City protects Oak trees and Sycamores. The Development Services Department has prepared the attached comparison of tree protection regulations. Research was conducted on the tree protection standards in the following cities: Pasadena, Monrovia, San Marino, Temple City, Sierra Madre, Beverly Hills, and La Canada Flintridge. The types of trees protected, applicability of the protection standards, and process for protection was reviewed. This is not an exhaustive research effort; rather, the attachment is provided to assist with discussion on this topic should the City Council wish to consider adding tree species to the protected list. Additional information will be provided at the Study Session. Attachment: Comparison of Tree Protection Regulations Comparison of Tree Protection Regulations Pasadena Types of Trees Protected A. Native Tree (must be at least 8” diameter at 4½ feet above natural grade (“breast height”) Quercus agrifolia (Coast live oak) Quercus engelmannii (Engelmann oak) Quercus chrysolepis (Canyon oak) Platanus racemosa (California sycamore) Juglans californica (California walnut) Quercus berberidifolia (Scrub oak) Quercus lobata (Valley oak) Umbellularia californica (California bay) Populus fremontii (Cottonwood) Alnus rhombifolia (California alder) Populus trichocarpa (Black cottonwood) Salix lasiolepis (Arroyo willow) Aesculus californica (California buckeye) B. Landmark Tree--any tree designated as a landmark. C. Landmark-eligible Tree--a tree which meets the criteria for designation as a landmark tree, as determined by the review authority. D. Mature Tree--any otherwise non-protected tree with a 19" diameter at breast height. E. Specimen Tree--any tree meeting the criteria established by resolution of the city council by species and size of tree which is thereby presumed to possess distinctive form, size or age, and to be an outstanding specimen of a desirable species and to warrant the protections of this chapter Applicability A. Native and specimen trees located in the established front yard, required side yard, established corner yard, or required rear yard of all property located in a single-family residential or RM-12 multifamily residential zone, and in all areas of all other zoning districts within the city. B. Landmark trees and trees that meet the criteria for designation as a landmark as determined by the review authority. C. Mature trees in all zoning districts except for trees on properties subject to the RS or RM-12 development standards. Application Requirements--unclear Process A. Submit application to Planning as a separate application or along with discretionary application (if applicable). B. At least one of 6 findings must be made in support of a proposal to remove a mature, native, landmark, landmark eligible or specimen tree on private property. Special rules for removal of a landmark tree. C. Decision to be rendered within 15 business days of deemed complete. D. The Review Authority may grant modifications to up to 2 development standards to preserve trees. Monrovia Types of Trees Protected Any oak tree 10 or more inches in diameter at 2 feet above the level ground Applicability A. Single-family zoned properties with oak trees in the front yard or street-facing side yard. B. In the multiple-family, commercial or industrial zones (RM, RM/PUD, RH, RM/RH, NC, HCD, CD/O, C/RS, O/RD/LM, BE, M, P/QP and PD) all oak trees. Exception: Single-family developed properties where no additional development is proposed shall be subject to division (A)(2)(a) above. C. All oak trees on vacant lots. D. All oak trees indicated on an oak tree preservation plan. The above apply if: i. An oak is to be removed ii. Pruning would remove more than 1/3 of the crown or 1/3 of the root system iii. If irrigation is to be installed or grading performed within the dripline Application Requirements Applications for an oak tree preservation permit shall include a scaled tree location map locating existing oak trees on the project site with a trunk diameter of ten inches or greater. This map shall identify the approximate trunk diameter, base elevation, height, and condition of each oak tree. Process Development Review Committee renders decision. May be appealed to Planning Commission which may also grant deviation from standards (yard sizes, setbacks, etc.) to preserve the trees. Arborist’s Report Required? Arborist’s report not mentioned. San Marino Types of Trees Protected A. Any oak tree with a trunk at least 36 inches in diameter at 4½ feet above natural grade and that is at least 15 feet tall. B. Any “established” tree in the front or street side yard with a trunk at least 36 inches in diameter at 4½ feet above natural grade and that is at least 15 feet tall. Applicability Removing or severely pruning trees in the R1 or C1 zones. Exemption: removing a tree damaged by storm, fire or natural disaster and deemed dangerous by the city. Application Requirements Description of work to be performed, and the number, type and location of trees to be worked on. Process For established trees in the front or street side yard, or an oak tree anywhere on a property in the R1 and C1 zones, the Planning and Building Director issues a tree removal permit based on findings of nuisance, hazard, or removal is part of a re- landscaping plan. May be appealed to City Manager. For trees in a rear yard or in a side yard not adjacent to a street, the City Council issues the tree removal permit as part of a rear yard landscaping plan. Arborist’s Report Required? Arborist’s report not mentioned. Temple City—No tree protection standards Sierra Madre Types of Trees Protected Southern California Black Walnut (Juglans californica), Engelmann Oak (Quercus engelmannii), Coast Live Oak (Quercus agrifolia), or Western Sycamore (Platanus racemosa) whose trunk (or collective trunks) exceed a diameter of four inches measured four feet above natural ground level. Applicability A. Removing or pruning which removes more than 25 percent of the live growth of a tree within any 12 month period. B. Only applies in connection with a subdivision, lot line adjustment, or a development project to construct a pad, parking lot, grading, or other construction exempt from the city’s environmental regulations. C. Exemption: removing a tree damaged by storm, fire or natural disaster and deemed dangerous by the city. Application Requirements Tree survey including location of trunk of all protected trees, tree species, diameter at breast height, dripline, which trees are to be removed or pruned, photographs, description of work to be performed, and the number, type and location of trees to be worked on. Process A. Tree Expert (which may but is not required to be an arborist) reviews the application and makes a recommendation and provides comments to the Director of Public Works. B. Report from the Director to the Tree Advisory Commission for recommendation. C. The Planning Commission renders the decision for projects requiring review by the Commission. D. The Director issues a permit for tree removal or substantial trimming for any projects not requiring planning commission approval. E. May be appealed to City Council. Arborist’s Report Required? Arborist’s report not mentioned. Beverly Hills Types of Trees Protected Heritage Trees: >48” diameter in the front or street side setback Native Trees: >24” diameter in the front or street side setback and one of these species: Acer macrophyllum Big Leaf Maple Alnus rhombifolia California Alder Fraxinus dipetala Foothill Ash Fraxinus velutina Arizona Ash Juglans californica Southern California Black Walnut Juniperus californica California Juniper Platanus racemosa California Sycamore Populus fremontii Fremont Cottonwood Populus trichocarpa Black Cottonwood Quercus agrifolia Coast Live Oak Quercus douglasii Blue Oak Quercus engelmannii Mesa Oak Quercus lobata Valley Oak Salix laevigata Red Willow Sambucus mexicana Mexican Elderberry Umbellularia californica California Bay Urban Groves: Fifty (50) or more trees where the branches of each tree are within six feet (6') of the branches of one of the other trees in the grove. Individual trees in an urban grove may be of any size and are not subject to any circumference limitations. Applicability No person shall damage or remove, or cause to be damaged or removed, any protected tree on private property in the City of Beverly Hills, without first obtaining a Tree Removal Permit. Application Requirements Tree survey including location of trunk of all protected trees, tree species, diameter at breast height, dripline, which trees are to be removed or pruned, photographs, description of work to be performed, and the number, type and location of trees to be worked on. Process and Criteria A. Application is made to the Community Development Department. B. Removal is allowed when: • The protected tree proposed for removal is relocated on the same property and such relocation will not damage the tree. • The protected tree proposed for removal is in such a condition that it poses an immediate threat to the public health or safety or to property. • The protected tree proposed for removal is dead or diseased as determined by a licensed arborist who submits a written report certifying that the disease afflicting the tree or the condition of the tree requires its removal. • The protected tree proposed for removal is damaging a sidewalk, street, or other public property and such damage has created a public safety hazard. • The protected tree proposed for removal is damaging improvements on private property. • The protected tree proposed for removal is interfering with public utilities and such interference cannot be avoided by target pruning performed in a manner that would not damage the tree. • The protected tree proposed for removal is a native tree and such tree is replaced by one healthy native tree of any species and of the same size. A native tree proposed for removal from the front setback area shall be replaced in the front setback area. A native tree proposed for removal from the side setback area shall be replaced in the side setback area. Once the replacement tree is planted, the replacement tree shall not be removed without a tree removal permit first being obtained in accordance with the requirements of this article. • The protected tree proposed for removal is obstructing an existing view of the Los Angeles area basin from a habitable building on the property where such tree is located. • The removal of one or more trees in an urban grove is necessary for the preservation of the health of the grove as determined by a licensed arborist. Arborist’s Report Required? Arborist’s report may be required. La Cañada Flintridge Types of Trees Protected Coast Live Oak, Interior Live Oak, Canyon Live Oak, Scrub Oak, Coastal Scrub Oak, Valley Oak, Mesa Oak, and California Sycamore 12 inches or more inches in diameter at 4.5 feet above ground in the R1 zone. Deodar Cedars within 20 feet of certain streets in the Historic Deodar District. Any tree over 5 feet tall in a zone other than R1. Applicability Removing any protected tree on private property requires a permit unless it is deemed a hazard or there is an emergency reason for the removal. Dead trees don’t require a permit but “evidence” must be provided that they are dead. Application Requirements Permit application, or evidence that the tree is dead, is submitted to the Planning Department. Process and Criteria The Community Development Director will grant the tree removal permit if: • The Protected Tree is interfering with a structure on the property and no reasonable alternative to removal is available. • The Protected Tree is causing unreasonable impairment of the property owner’s use of the property. • The Protected Tree is diseased or damaged. • The fire department requires the tree’s removal for safety reasons. • Other reasonable causes, assuming that the removal of the Protected Tree will not impact the character of the neighborhood. Arborist’s Report Required? Arborist’s report required. Attachment No. 2 Attachment No. 2 Proposed amendments shown in italics and strikethroughs Chapter 7 – Tree Preservation Page 1 Chapter 7 - 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 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. Chapter 7 – Tree Preservation Page 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 line 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 (4½) 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 (4½) 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 (4½) 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 (4½) 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 (4½) 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 (4½) feet above the root crown. 4. Any tree, with the exception of the trees listed as Unprotected Trees, that have a trunk diameter larger than twelve (12) inches measured at a point four and one-half (4½) 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 (4½) feet above the root crown and is located within a required front, side, street-side, or rear yard setback. 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 Chapter 7 – Tree Preservation Page 3 (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; 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. l. Unprotected Trees. Unprotected trees shall mean trees that are not subject to the regulations stated in this Chapter. Unprotected trees shall include any non- oak and non-sycamore tree located outside a required front, side, street-side, or rear yard setback and any of the following trees located anywhere on a property: 1. Fruit trees 2. Fraxinus uhdei (Shamel Ash) 3. Ficuses – Exception: Ficus macrophylla (Moreton Bay Fig) 4. Eucalyptus 5. Ailanthus altissima (Tree of Heaven) 6. Arecaceae (palm tree) 7. Schinus terebinthifolius (Brazilian Pepper) 8. Ceratonia siliqua (Carob) 9. Betula pendula (European White Birch) 10. Grevillea robusta (Silk Oak) 11. Morus (Mulberry) Chapter 7 – Tree Preservation Page 4 12. Acer saccharinum (Silver Maple) 13. Cupressus sempervirens (Italian cypress) 14. Populus Fremontii (Western Cottonwood) 15. Alnus rhombifolia (White Alder) 16. Populus trichocarpa (Black Cottonwood) 17. Populus ‘Highland’ hybrid 18. Salix lasiolepis (Arroyo Willow) m. 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 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. Chapter 7 – Tree Preservation Page 5 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. c. Tree Permit for Encroachment Into a Protected Zone of Protected Trees. 1. 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 Chapter 7 – Tree Preservation Page 6 Modification Committee or the Planning Commission (on appeal) or City Council (on appeal) pursuant to the modification regulations. 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 (10) 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. Chapter 7 – Tree Preservation Page 7 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. 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. d. Administrative Remedies. 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 Chapter 7 – Tree Preservation Page 8 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. - - - Attachment No. 3 Attachment No. 3 Preliminary CEQA Exemption Assessment FORM “A” – Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Text Amendment No. TA 16-02 to propose the addition of mature trees and a list of unprotected 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 exempt on the following basis: Per Section 15061(b)(3) of the CEQA Guidelines, 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: May 31, 2016 Staff: Jordan Chamberlin, Assistant Planner