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HomeMy WebLinkAbout1977 - Amending Title 18 411 411 ORDINANCE NM AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 18 OF THE REDDING MUNICIPAL CODE HY ADDING CHAPTER 18.65: TREE PRESERVATION. The City Council of the City of Redding does hereby ordain as follows: Section 1. Title 18 , ZONING, of the Redding Municipal Code is hereby amended by adding a new Chapter 18. 65 , as follows: Chapter 18.65 TREE PRESERVATION Sections: 18.65.010 Purpose and Intent 18.65.020 Definitions 18.65.030 Tree Preservation 18.65.040 Permit Required 18.65.050 Exemptions 18.65.060 Permit Application - General 18.65.070 Decision by Planning Director 18.65.080 Denial and Appeal 18.65.090 Tree Removal Provisions 18.65.100 Permit Application - Discretionary Projects 18.65.110 Subdivisions 18.65.120 Construction Standards 18.65.130 Tree Protection Guidelines 18.65.140 Violation, Penalty 18.65.150 Nonliability of City 18.65.160 Tree Planting Requirements 18.65.170 Maintenance 18.65.180 Nonconforming Developed Parcels. 18.65.010 Purpose and Intent The City Council finds that trees contribute in many ways to the health, safety, and general welfare of all of Redding' s citizens. J /11r . 410 i Trees, in addition to their aesthetic benefits and temperature moderation, are of benefit to fisheries, riparian habitat, wildlife, energy conservation, and the ecology of the area. They protect surface-water quality, offer windbreaks, prevent erosion of topsoil, act as filters for airborne pollutants, release oxygen, and protect against flood hazards and landslides. It is the intent of this chapter to promote the preservation of a healthy tree population and to enhance tree canopy throughout the community by means consistent with the reasonable use of private property. This is to be accomplished through ( 1 ) the preservation of existing native and nonnative trees where feasible; (2) the replacement or transplanting of trees removed where appropriate; and ( 3 ) the planting of new trees in locations, number, and kind compatible with local conditions. 18.65.020 Definitions As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them: A. "Certified arborist" means a person who holds a current certificate from the Western Chapter of the International Society of Arboriculture. B. "Cutting" means the detaching or separating from a protected tree any limb, branch, or root. Cutting shall include pruning and trimming. C. "dbh (diameter at breast height) " means the trunk diameter measured at four and one-half ( 4. 5) feet above the ground (diameter = circumference = 3 . 142) . D. "Damage" means any action undertaken which may cause death or significant injury, or which places the tree in a hazardous condition or in an irreversible state of decline. This includes but is not limited to cutting, topping, girdling, or poisoning. E. "Developed parcel" means any individual lot that is occupied by a principal building. F. "Discretionary projects" shall include but not be limited to those projects subject to: a use permit (including admini- strative use permit) , a parcel map, a tentative subdivision map, a site-plan review, a variance, a rezone, or a planned development. G. "Drip line" means the area identified by extending a vertical line from the outermost portion of the limb canopy to the ground, with its axis parallel to the trunk. 2 410 a H. "Preserved tree" means a tree that is required to be preserved and protected under discretionary project approval. I . "Person" means any natural person, partnership, firm, corporation, governmental agency, or other legal entity. J. "Protected tree" means any living tree having at least one ( 1) trunk of six ( 6) inches or more in diameter when measured four and one-half ( 4. 5) feet above the ground (dbh) . K. "Registered professional forester" means a person who holds a valid license as a professional forester pursuant to the provisions of the State Code. L. "Removal" means the physical removal of a tree, or causing the death of a tree through damage, poison, or other direct or indirect action. M. "Shrub" means a woody plant of relatively low height, distinguished from a tree by its height and having several stems. N. "Tree" means a perennial plant having a self-supporting woody main stem or trunk usually characterized by the ability to grow to considerable height and size and to develop woody branches at some distance above the ground. It is usually distinguished from a bush or shrub by its size, manner of growth, and usual botanical nomenclature. Perennial shrubs are not classified as trees in this chapter. As stated in Section 1. 04. 010 , the singular "tree" includes the plural "trees, " and the plural the singular. 0. "Underdeveloped parcel" means any parcel that can be more intensively developed under the zoning regulations of the City. P. "Vacant parcel" means an individual lot that is not occupied by a principal building. 18.65.030 Tree Preservation Subdivisions and other development projects subject to the provisions of this chapter shall be designed to minimize destruction or damage to protected trees. With development permits for discretionary projects, or when a protected tree is proposed to be removed when a discretionary permit is not required, a site plan shall be submitted which contains all the elements required by Sections 18. 65. 100 and 18. 65. 060. To achieve the goal of preservation, the Planning Commission may consider tree preservation as adequate grounds to approve variances associated with building setbacks, building separations, parking requirements, and driveway grades if the Commission determines that ( 1 ) the 3 • • preservation and retention of a protected tree outweighs the disadvantages associated with any variance granted to save it, and ( 2 ) there is a real expectation that the tree will survive for more than five years. 18.65.040 Permit Required No person shall destroy, damage, kill, or remove any protected tree on any private property without a tree permit unless authorized as a condition of a discretionary project approved by the City Council, Planning Commission, Board of Administrative Review, or Planning Director, or as otherwise exempted under Section 18. 65. 050. 18.65.050 Exemptions A. Removal of a tree upon the order of the City Manager, Director of Public Works, Director of Planning and Community Development, Director of Recreation and Parks, or a member of the Police or Fire Department if , in his determination, the condition of a tree presents an immediate hazard to life or property. B. The removal of trees on the following properties or areas: 1 . Industrial parcels which do not exceed 50,000 square feet in area regardless of whether the property is developed, underdeveloped, or vacant. 2. Commercial parcels which do not exceed one acre in area regardless of whether the property is a developed parcel, an underdeveloped parcel, or a vacant parcel. 3 . Developed residential parcels which have been developed to the maximum density allowed by the General Plan classification(s) of the property. 4. A vacant parcel which does not exceed one acre of developable area, and which is classified as residential by the General Plan and/or applicable zoning. 5. The improved area of a public-street or public-utility easement for routine street and sidewalk maintenance of existing improvements. 6. Airport clear zones. C. Removal or cutting of protected trees within utility rights-of- way which may be deemed necessary in the opinion of a public utility to comply with applicable safety regulations, to 4 prevent potential future interruption of service, to repair damage to facilities, or to restore interrupted service. D. Removal of trees on property owned by the Federal Government, the State of California, the County of Shasta, or any school or special district. E. Removal of trees when determined as necessary by the Fire Department while engaged in fire fighting in order to prevent the spread of fire or prevent a dangerous situation to life or property. F. Street trees covered by Chapter 13 . 40 of the Redding Municipal Code which are approved for removal by the Recreation and Parks Commission. G. Trees in creeks and streams that are being undermined and, if they should fall, could create flooding, cause washouts, or block culverts or bridges. 18.65.060 Permit Application General A. Except as provided for in Section 18. 65. 100 (discretionary projects) , any property owner desiring to cut down or remove one or more protected trees on any parcel of land not exempted by this chapter shall file an application for a permit with the Planning Director and pay the necessary fee therefor as established by Resolution of the City Council. Said application shall be on a form prescribed by the Planning Director, and shall contain the following information: ( 1) the number, species, size, and location of each tree to be cut down or removed; ( 2 ) the location of existing or proposed structures; ( 3 ) a brief statement of the reason for removal; ( 4) the signature of the property owner authorizing such removal; and ( 5 ) any other pertinent information the Planning Director may require, including a detailed report prepared by a certified arborist or a professional registered forester. B. The permit, if granted, shall entitle the property owner to remove only the trees approved for removal by the permit. Prior to the issuance of such permit, the Planning Director or his representative shall visit and inspect the property, the trees in question, and the surrounding area, and shall ascertain whether or not the trees may be cut down or removed. C. The Planning Director or his designated representative may grant the permit if the removal of the trees will not affect soil stability, surface-water quality, riparian habitat, or fisheries, and one or more of the following findings is made: 5 411 411 1 . The condition of the trees with respect to disease, form, general health, damage, public nuisance, danger of falling, proximity to existing structures, interference with utility services, good forestry practices, or damage to existing sidewalks and driveways warrants their removal. 2 . The preservation of the trees unreasonably restricts the economic potential of the property upon which the trees are situated. 3 . The development has been designed such that suitable land will be set aside in an open-space easement which will ( 1) retain as many protected trees as are proposed to be removed; or ( 2 ) be particularly suitable for the planting and/or natural regeneration of trees. The set-aside area shall be in addition to any area classified as "Greenway" under the policies of the Redding General Plan. 4 . The trunk of the tree is on property owned by the applicant. D. The Planning Director shall deny any permit to remove a landmark tree established by Chapter 13 . 40. 18.65.070 Decision by Planning Director The Planning Director or his designated representative shall render a decision in writing within fifteen ( 15) days after the filing of the application for a permit; or the Planning Director may refer the application to the Board of Administrative Review for consideration. 18.65.080 Denial and Appeal If an application for a tree permit is denied, the Planning Director shall provide written notification thereof to the applicant, including the reasons for denial. The applicant may appeal the determination to the Board of Administrative Review within ten ( 10) calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the Planning Director, and paying an appeal fee as established by City Council Resolution. The appeal shall be set for hearing before the Board of Administrative Review at its next regular meeting occurring not later than fourteen ( 14) calendar days after the appeal is filed. 6 II! 410 18.65.090 Tree Removal Provisions A permit issued under Section 18. 65 . 060 shall be valid for a period of six ( 6) months from the date of issuance. One ( 1) extension of time may be granted, not to exceed an additional six ( 6 ) months, by the person or body who approved the Permit for which an extension is requested. A. It shall be the responsibility of the person cutting down or removing any tree under this chapter to have the tree permit and a copy of the conditions of approval imposed by the approving body at the tree-removal site. B. The permit and any conditions of approval granted by the approving body shall entitle the applicant to remove only the tree or trees approved for such action. C. Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for protection on the approved site plan shall be clearly marked in the field. The delineation markers shall remain in place for the duration of all work. A plan shall be established for the removal and disposal of brush, earth, and other debris so as to avoid injury to any protected tree or adjoining property, or which would cause mud or debris on City streets. The construction standards required by Section 18 . 65. 110 shall apply to all work performed within the drip line of protected trees. 18.65.100 Permit Application - Discretionary Projects A. An application for a discretionary project shall also be considered an application for tree removal in those instances where trees will be affected by the development. B. Project design shall recognize the desirability of preserving trees. Plans for grading and infrastructure improvements should reflect this consideration, and should include the following safeguards: 1. Location of minimum growing areas as required by individual species. 2 . Minimal disruption or removal of structural or feeder roots. 3 . Minimal filling, cutting, development, or compaction of soils within the drip line. 4. Such other measures required by the species of tree to be preserved as may be recommended by a certified arborist or registered professional forester when a question arises as 7 • • to whether proposed efforts to save a preserved tree are adequate. C. An application for a discretionary permit shall contain the following elements, which may be included on the site plan, or on the tentative map for the project, or on a separate document such as an overlay: • The approximate location of protected trees. The City may require a detailed site survey which precisely delineates the location of protected trees where it is deemed necessary to ensure their protection. • The location of existing and proposed lot lines and buildings (where known) . • Grading information of sufficient detail to ascertain whether proposed cuts and fills will affect trees proposed to be saved. • In cases where a project site includes a stand or stands of trees closely grouped—in effect having a common, unbroken canopy—the entire stand rather than individual trees may be depicted, provided that the total canopy is accurately delineated. • A notation as to which trees are proposed to be saved. These elements, together, will constitute a tree-protection plan, and those trees designated to be saved shall be considered preserved trees. D. It is recognized that the preservation of healthy trees will sometimes conflict with normal land developmental considerations such as proper drainage, grading, circulation, safety, and utilities. Within most developments, it will not be practical to preserve all healthy trees, given the necessity of addressing public-safety and design concerns. In such instances, the design of the development should address preservation of the most desirable and significant of the healthy trees, particularly stands of trees; and the developer is encouraged to utilize creative land-planning techniques to achieve this end. The set-aside of a natural area or areas within a project site which is particularly suitable for the planting, retention, and/or natural regeneration of trees is considered to be a desirable means of accomplishing the goals of this chapter. Set-aside areas shall be in addition to any area classified as "Greenway" under the policies of the Redding General Plan. E. Subsequent to project approval, improvement plans shall be submitted to the City for approval which shall depict the 8 411 location of all protected trees or stands of protected trees, except that trees located within any area classified as "Greenway" under the policies of the Redding General Plan need not be depicted. The location of the trees may be determined by means other than a site survey where deemed appropriate by the Planning Director. The plan shall note which trees are proposed to be saved, and shall show the location of all existing and proposed property lines and buildings ( if known) . The grading/clearing plan may be denied or the project design modified if ( 1 ) the plan is inconsistent with the City' s policy of tree preservation, and (2) insufficient evidence is shown that tree preservation has been considered in the design of the project. Modifications of project design may include, but not be limited to, relocation of proposed streets and easements, relocation of proposed lot lines, and reduction of the number of lots/building areas proposed in the development. F. The approving entity for the permit, when approving development plans, shall determine the adequacy and appropriateness of the proposed tree-protection plan, as provided above, and shall make the findings required under Section 18. 65. 060 C. G. Appeals of conditions and/or requirements imposed on a development project by the approving authority shall utilize the procedures set forth in Chapter 18.74 of the Redding Municipal Code. 18.65.110 Subdivisions Unless otherwise approved by the approving authority, removal of trees in subdivisions shall be limited to the development of streets, the installation of utilities, and the control of storm water and surface runoff. If lot clearing is proposed in conjunction with subdivision development, plans indicating the extent of proposed tree removal shall be submitted with the tentative map, consistent with Section 18. 65. 100 C. The approving authority' s considerations shall include but not be limited to the following: natural lot grade, size of existing trees, proportion of the canopy to be removed, potential for increased soil erosion, projected timing of subdivision buildout, and resulting visual effect from adjacent streets or other public areas. This chapter shall not apply in those instances where a tentative subdivision map and its grading plan have been approved by the City. 18.65.120 Construction Standards A. Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for preservation which is located outside of any existing or required open space easements or dedications shall be clearly delineated in the 9 • • field. The delineation markers shall remain in place for the duration of all work. Where deemed appropriate by the approving authority, a barrier of posts and flagging or other appropriate materials may be required to be erected around protected trees. A plan shall be established for the removal and disposal of brush, earth, and other debris in order to avoid injury to any protected tree which is to be saved. B. Where the approval of a proposed development or other site work will result in encroachment within the drip line of a protected tree, special measures should be incorporated to allow the roots to obtain oxygen, water, and nutrients. The Planning Director may require the applicant to provide recommendations by a registered professional forester or a certified arborist setting forth the measures necessary to minimize impacts to the tree. C. No storage or dumping of oil, gasoline, chemicals, or other substances that may be harmful to trees shall occur within the drip line of any protected tree or on any other location on the site from which such substances might enter the drip line of a protected tree. 18.65.130 Tree Protection Guidelines The Director of Planning shall prepare and make available to the public "Guidelines for Tree Protection. " The Guidelines will not replace or supplement the construction standards of Section 18. 65. 120 , but will provide basic information that will be useful in protecting trees during and after construction. 18.65.140 Violation, Penalty It has been determined that native trees within the City are valuable assets to the community, and that the public should be compensated for the loss of trees which occur in violation of this chapter. The removal or killing of any protected tree in violation of the terms of this chapter shall be punishable by either or a combination of the following means, at the discretion of the City: A. Payment of a fine of up to $1 ,000 per tree for the unauthorized removal or damage to trees. B. Provide and plant replacement trees of a number and size required by the City, and thereafter maintain said trees in a live and healthy condition for a period of three years. C. Prohibition of further development of the property, other than corrective-action measures, for a period of up to two ( 2 ) -years from the date notice of the violation is given by the City. 10 • 411• The penalty shall be determined by the Planning Director; however, appeals of his decision shall be available as specified in Chapter 18.74 of the Code. In instances where unlawful tree removal occurs on a developed parcel of land, the violator may seek relief from the above penalty by making application for tree removal as specified in Section 18. 65. 060 and making payment of twice the application fee. The City reserves the right to approve the permit subject to any or all of the above conditions, as circumstances may dictate. 18.65.150 Nonliability of City Nothing in this chapter shall be deemed to impose any liability for damages, or a duty of care and maintenance, upon the City or upon any of its officers or employees. The person in possession of any public property, or the owner of any private property, shall have a duty to keep the trees upon the property and under his control in a safe, healthy condition. 18.65.160 Tree Planting Requirements The following tree-planting provisions shall apply to all new construction and to those parcels which have been granted a tree- removal permit. The trees shall be planted prior to the issuance of an occupancy permit in those instances where planting is in conjunction with construction under a valid building permit. Residential Development: One 15-gallon tree shall be planted for every 500 square feet of enclosed gross living area. Commercial Development (Retail, Office, Service Commercial Uses) : One 15-gallon tree shall be planted for every 1, 000 square feet of gross floor area or covered space. Industrial Development: One 15-gallon tree shall be planted for every 2,000 square feet of gross floor area or covered space. Where the number of trees required to be planted under this section differs from the number required to be planted by Chapters 13 . 40 and 18. 62 of the Redding Municipal Code (if applicable) , the higher number shall apply. If the number of trees required above contains a fraction, such number shall be increased to the next highest whole number. For example, if the computed requirement equals 3 .4 11 • trees, 4 trees shall be required. Each existing, protected tree on a parcel may be counted as 2 trees for the purpose of the above planting requirements; however, this credit shall not reduce the number of trees required by Chapters 13 . 40 or 18 .62 of the Redding Municipal Code applicable to the project, except as may be provided for in those Code sections. Credits for each existing tree must be based on the retention of an area around each tree of not less than the drip line of said tree and a written agreement to replace the tree should it die. 18.65.170 Maintenance The property owner or his successors-in-interest shall be responsible thereafter for the care and maintenance of trees required to be planted under this chapter in a live and healthy condition. The replacement of trees which may die or otherwise be destroyed is explicitly a requirement of this chapter. The removal of dead wood, branches, or trees is the responsibility of the property owner upon whose property the tree originates. 18.65.180 Nonconforming Developed Parcels Developed parcels which do not meet the tree-planting requirements of this chapter, shall be required to meet the tree-planting requirements of this chapter with the issuance of a building permit for any new construction on the property that is greater than 120 square feet in gross floor area, unless an exception to this requirement is granted by the Planning Commission based on a finding that conforming to the tree-planting requirements of this chapter is physically impossible given the way the parcel is developed. If the Planning Commission can make that finding, it may approve planting fewer trees than this chapter would require for the developed parcel based on what the Planning Commission feels is physically possible for the property. Section 2. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. Section 3. The City Clerk shall certify to the adoption of this Ordinance, and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of 12 4 • Redding on the 3rd day of December, 1991, and was duly read and adopted on the 17th day of December, 1991, at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Arness ABSTAIN: COUNCIL MEMBERS: None / / / MIKE DAHL, Mayor City of Redding ATTEST: ()=9,- a Xee,10.4- ETHEL A. NICHOLS, City Clerk FO' APPROVED: RANDALL A. HAY , City Attorney 13