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HomeMy WebLinkAbout9/11/1995SEPTEMBER 119 1995 7.:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond ]Bar, California Bruce .rl-rr. u Bob Huff & idd Meyer Don '-a .!. / Fong Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 R Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Pfease refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recyd e4 paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Monday, September 11, 1995 Next Resolution No. 95-16 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Bruce Flamenbaum, Vice Chairman Bob Huff, David Meyer, Don Schad, and Franklin Fong 2. MATTERS FROM THE AUDIENCWPUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary). There is a five minute maximum time limit when addressing the Planning Commission. 3. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 3.1 Minutes of August 14, 1995 4. OLD BUSINESS: None 5. NEW BUSINESS: 5.1 Tree Preservation Ordinance Study Session 5.2 Parking Ordinance Study Session 6. PUBLIC HEARING: None 7. PLANNING COMRIISSION ITEMS: S. INFORMATIONAL ITEMS: Itinerary for Planning Commission Field Trip 9. ANNOUNCEMENTS: 10. ADJOURNMENT: September 25, 1995 1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 14, 1995 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chairman Huff. ROLL CALL: Present: Commissioners: Chairman Flamenbaum, Vice Chairman Huff, Commissioners Meyer, Schad and Fong. Also Present: Community Development Director James DeStefano; Associate Planner Robert Searcy: Consulting Engineer Mike Myers; Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of July 24, 1995. C/Fong requested the first sentence, Paragraph 5, Page 9 be corrected to read,as follows: "C/Fong stated he has a problem with the proposed site because staff indicated that the applicant is unwilling to consider other sites." A motion was made by C/Meyer and seconded by VC/Huff to approve the minutes as corrected. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS - None NEN BUSINESS: 1. General Plan Conformity Report No. 95-2 for Acquisition of Sanitary Sewer Easement and Summary Vacation of Sanitary Sewer Easement Pursuant to Government Code 565402 for property located within Lots 21, 40 and 41 of Tract No. 47851. August 140 1995 Page 2 Planning commission Property Location: Vacation of Existing Easement (Lots 21 and 40, Tract 47851) Acceptance of Proposed Easement (Lot 41, Tract 47851) Applicant: Hunsaker Associates Property Owner: Diamond Bar East Partners CE/Myers stated the City of Diamond Bar has received a request from Diamond Bar East Partners to construct one of the sanitary sewer lines for this subdivision at a location different from that approved on the original sewer improvement plans and as was shown on the final map of Tract No. 47851. This subdivision (Tract No. 47851) was approved and recorded in July of 1994. Lots 21 and 40 were burdened, by dedication on the final map, with easements for sanitary sewer purposes. Subsequently, the Subdivider determined that Lots 21 and 40 could be better utilized if they were free of the sewer easements that encumbered them. Prior to construction of any sewer improvements in this vicinity the Subdivider prepared a revision to the sewer improvement plans which realigned a portion of the proposed sewer mainline out of Lots 21 and 40 and across Lot 41. This proposed revision of the improvement plan has been approved (subject to the dedication and acceptance by the City of an easement for sanitary sewer purposes across Lot 41) and the sewer facilities have now been constructed. No sanitary sewer service point of connection for any lot was changed by this revised alignment. Lots 40 and 41 continue to be serviced by house laterals in Oak Knoll Drive and Lot 21 by a lateral in Woodbridge Court. The exhibits attached to the staff report show both the existing easements (proposed vacation) and proposed easement (offer of dedication). The owner, has offered to the City a sanitary sewer easement across Lot 41 which is described in Exhibit "B". Those easements proposed to be abandoned are described in Exhibit "C". CE/Myers continued that upon acceptance by the City Council of the offer of dedication of a sanitary sewer easement over Lot 41, the existing sewer easements over Lots 21 and,40 which are proposed to be vacated would: be no longer needed for the present or prospective use of the general public; have been superseded by an alternate sewer easement location and no other public facilities are within the easement; August 14, 1995 Page 3 Planning Commission have not diminished service to any property which previously enjoyed such planned services; be sanitary sewer easements in excess of that required for the necessary and proper service to these properties and the general public; The California Bicycle Transportation Act, Section 892 of the Streets and Highways Code of the State of California requires in part that "(r)ights-of-way established for other purposes by cities, counties or local agencies shall not be abandoned unless the governing body determines that the rights-of-way or parts thereof are not useful as a non -motorized. transportation facility." The sanitary sewer easements to be abandoned are generally on steep slopes (approximately 2:1) and do not provide opportunity for extension of interconnection of any master planned or General Plan bicycle, equestrian or pedestrian facility in the City of Diamond Bar. Pursuant to Section 15312 of the California Environmental Quality Act (CEQA), this matter is categorically exempt. It is recommended the Planning Commission approve the attached resolution finding and reporting that: 1) pursuant to section 65402 of the Government Code, the location, purpose and extent of both the acquisition, and vacation of sanitary sewer easements is in conformance with the General Plan; and further recommending that, 2) as required by section 892 of the Streets and Highways code, the City Council finds that the sanitary sewer easements proposed to be vacated are not useful as a non -motorized transportation facility. Responding to C/Schad, CE/Myers stated their request does not affect the pumping station, electrical equipment, loads on the facility, and does not change the quantities going into the pump station. CE/Myers, responding to C/Meyer, stated that, in his judgement, there would be no future use nor any other benefits to the public by retaining the existing easements. The proposed uses at the alternate location are identical to the original use. A motion.was made by C/Schad and seconded by C/Meyer to approve General Plan Conformity Report No. 95-2. The motion was approved 5-0 with the following roll call: August 14, 1995 Page 4 Planning Commission AYES: COMMISSIONERS: Schad, Meyer, Fong, VC/Huff, Chair/Flamenbaum NOES: COMMISSIONERS: None - - - ABSTAIN:- - - COMMISSIONERS: None ABSENT: COMMISSIONERS: None 2. General Plan Conformity Report No. 95-3 for acquisition of property located adjacent to Summit Ridge Park (Lot 51 of Tract 42560) Pursuant to Government Code 565402. CDD/DeStefano stated in early 1995 the City had an opportunity to acquire a 1.27 acre parcel which' currently functions as a neighborhood pocket park and is located adjacent to Summit Ridge Park on Summit Ridge Drive. The property became available as a result of notification by the County of Los Angeles Tax Collector of a pending sale and auction relating to the non-payment of taxes for this privately held piece of property. The City exercised its legal prerogative to acquire the subject property. Since that. time, the office of the County Tax, Collector has been finalizing its documents and it is now appropriate for the City to take final action to secure the purchase of this acreage. The City maintains that the property should be acquired through the public acquisition process to insure proper utilization of the property in conjunction with Summit Ridge Park. The City's Planning Commission, in accordance with Government Code §65402, must make a finding that this purchase has been acknowledged and that it is consistent with and conforms to the General Plan. The .Vision Statement contains a component related to the preservation of open space resources. The Land Use Element and map designates the property as "Park" (PK). The acquisition of the property is consistent with the Resource Management Element as identified within Objective 1.3 and Strategy 1.3.3, located on Page III -12, and the Public Services and Facilities Element as described within Strategy 1.5.1, located on Page VI -6. Staff recommends that the Planning Commission approve the attached resolution finding the acquisition of Lot 51 of Tract 42560 in conformance with the General Plan. Responding to C/Meyer, CDD/DeStefano stated this pocket park was a requirement of a subdivision. The mother tract for this property has a number of small pocket parks. These parks are privately held by the development company that subdivided the tract with restrictions, or as part of the homeowners association. The City determined a benefit to acquire this property for non- payment of taxes rather than have it go to public auction for possible acquisition for single family residential August 14, 1995 Page 5 Planning Commission development. The approximately five pocket parks in the immediate neighborhood are maintained via the local lighting and landscape maintenance district. VC/Huff questioned why this pocket park became available due to non-payment of taxes and the other parks have not. He asked if the City should be researching this circumstance with respect to the other pocket parks with the expectation that developers may be routinely abandoning them because they have no value to the developer. CDD/DeStefano responded that although the other properties have not come up for non-payment of taxes, they may come up in the future. A report is sent to the City by the County of Los Angeles in January of each year that indicates all properties subject to tax sale. The City has attempted to reach the property owner to no avail. C/Meyer stated his concern that if this park was constructed for recreational• purposes to service a subdivision development, the intended use can be abandoned simply by not paying taxes. If this park was a condition of the development, the enforcement of those conditions is lacking and the City should review all such conditions for compliance. The public should not be in a position of assuming the maintenance of a park that was originally intended tobe part of a subdivision and therefore a responsibility of the subdivider and the homeowners association. In the future, the City should be certain that, with the creation of pocket parks, the conditions and CC&R's are written to assure the developers long term responsibility and that the developer may not, avoid that responsibility simply by not paying the property taxes. VC/Huff suggested the City may need to set aside funds to acquire the other pocket parks if the developer is systematically abandoning them. He further suggested that it might be advantageous to negotiate the donation of these parks to the City at the time of development rather than monitoring for acquisition. CDD/DeStefano responded that the City recently acquired property from Bramalea in a similar circumstance. Responding to C/Fong, CDD/DeStefano stated the pocket park is a flat area below Summit Ridge Park immediately adjacent to Summit Ridge Drive. It is primarily grass with trees that were installed by the developer. In response to Chair/Flamenbaum, the pocket park is not part of the General Plan inventory matrix of parks. The pocket parks are designated as Public Parks in the General Plan. August 14, 1995 Page 6 Planning commission A motion was made by VC/Huff and seconded by C/Meyer to approve the resolution finding the acquisition of Lot 51 of Tract 42560 in conformance with the General Plan. The motion was approved 5-0 with the followingrollcall'. AYES: COMMISSIONERS: VC/Huff, Meyer, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 3. Planned sign -Program No. 95-4. A request to amend Planned Sign Program No. 94-2. Property Location: 1180 South Diamond Bar Boulevard Applicant:. Ron Underwood, 3600 Birch Street, Suite 220 Newport Beach, CA 92660 Property Owner: Nikko Capital, 3961 Mac Arthur Boulevard, Suite 105, Newport Beach, CA 92660 AP/Searcy stated that this request is to amend Planned Sign Program 94-2 which was approved by the Planning Commission on March 14, 1994 for the "Diamond Bar Towne Center". This project is located in an Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone. The General Plan land use designation is Commercial (C). i The owner and applicant are requesting to amend the three existing monument signs. Sign A is located at the north end of the center along Diamond Bar Boulevard; Sign B is located at the south end of the center along Diamond Bar Boulevard; and Sign C is located on Grand Avenue. The existing Planning Sign Program allows for each monument sign to be six feet six inches (6' 611) in height and eight feet (8' 011) wide. The signs along Diamond Bar Boulevard (Signs A and B) include the street address in six inch numbers. The proposed amendment to the Planned Sign Program requests the following changes: * All monument signs will include center identification along the top edge. * Sign A: This sign will be for shop tenant identification. It shall be 'six feet (6' 011) tall and five feet (5' 011) wide. Currently, this sign extends four feet into the City's right-of-way. To correct this, the proposed monument sign shall be located at the property line,.perpendicular to the screen wall. August 14, 1995 Page 7 Planning commission Sign B and Sign C: These monument signs are for anchor tenant identification and shop tenant identification. Both are six feet (6' 011) tall and twelve feet (12' 011) wide. The proposed monument signs shall be a minimum of five feet from the property line and two feet from any curb. Sign B shall be located a minimum of four feet from the windmill. Sign C shall be located approximately six feet from the property line (adjacent to screen wall) and will include the removal of ten feet of the screen wall along Grand Avenue. currently, there are several large trees in the vicinity of the Grand Avenue monument sign. If the removal of the large Sycamore tree becomes inevitable, the applicant has agreed to replace it with two similar 24 inch box trees. The City's Public Works Division has conducted a preliminary review of this project. Comments from Consulting Engineer Mike Myers include: 1) Any part of the monument sign shall be a minimum of two feet from any curb that is adjacent to parking spaces or an aisle of traffic, and 2) Each monument sign shall be a minimum of five feet from the property line. Pursuant to the 'provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt §15301. Staff recommends that the Planning Commission approve Planned Sign Program No. 95-4, Findings of Fact, and conditions as listed within the resolution. Responding to VC/Huff, AP/Searcy stated that the Planned Sign Program was originally approved in 1994. The center was built a number of years prior to the City's incorporation. The existing monument signs were erected during the construction of the center. Therefore, the four foot encroachment into the City's right-of-way is a pre-existing condition which will be corrected by this amendment. Responding to C/Meyer, AP/Searcy stated the City's Sign Ordinance permits tenant signs. C/Meyer stated he is not in favor of these types of signs. The small reader boards are a waste of time and a blight on the area. CDD/DeStefano stated the primary purpose is to facilitate the new occupant of the vacant Boston Stores unit to have advertising on the street. In order to accomplish the August 14, 1995 Page 8 Planning commission facilitation, the property owners elected to approach the City with new monument signs that would reduce the number of tenants advertised at the street and identify and advertise -for-the major retailers. C/Meyer further stated he believes the' proposed signs are a major improvement over what was approved in 1994. AP/Searcy, responding to C/Meyer, stated the City's Public Works Department believes proposed sign C will promote safer traffic flow than the existing sign. In response to C/Schad, AP/Searcy stated the current street modification will leave adequate space for the new signs. C/Fong stated he is concerned about the removal of the existing Sycamore tree. AP/Searcy responded that the applicant has agreed to take all measures to maintain the existing tree. In the event there is a problem in retaining the tree, staff •has included mitigation measures for replacement. In response to C/Schad, Chair/Flamenbaum stated the applicant is complying with the current sign ordinance. C/Schad stated if the applicant has to remove the tree, he would like to have a,.guarantee of replacement in the approval. Applicant Ron Underwood, in response to Chair Flamenbaum, stated it is his belief that thq Sycamore tree will have to be removed to facilitate the proposed sign. However, the owners preference is to retain the tree. Stan Heikenen, Nikko Capital, stated the property owner is interested in cooperating with the City. If removal of the Sycamore tree is necessary, 36 inch box trees could be used for replacement as long as it is horticulturally feasible. C/Meyer reiterated his motion to approve Planned Sign Program No. 95-4 with an amendment to replace the Sycamore tree with two 36 inch box trees rather than 24 in box trees. VC/Huff concurred with a second to the motion.. The motion was approved 5-0 with the following roll call. AYES: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None August 14, 1995 Page 9 Planning Commission PUBLIC HEARING: 1. Conditional Use Permit No. 95-2. This is a request to locate an unmanned remediation compound at the existing mini -market. The purpose of the facility is to remove, by vapor extraction, petroleum by-products which have leached into the soil as a result of gasoline storage tanks which had been used as a part of a gasoline station previously operating on-site. Property Location: 3302 S. Diamond Bar Boulevard Applicant: Ralph Moran, P.O. Box 6037, Artesia, CA 90702 Property Owner: ARCO Chair/Flamenbaum stated he. has a leasehold interest in the property, recused himself and left the dais. The gavel was passed to VC/Huff for this item. AP/Searcy stated the General Plan land use designation for the subject site is OP (Professional Office) and the site is located in Zone CPD (Commercial Planned Development).. The use is conditionally permitted within the zone pursuant to section 22.28.150 of Title 22 of. Planning and Zoning Code. The project site is currently developed with an AM/PM Minimart with self -serve gasoline facilities., The site is served by Diamond Bar Boulevard and Brea Canyon Road. The development of the site was approved by the, Planning Commission and development of the site was completed approximately two years ago. During the preparation for development of the site there was a determination made that gasoline storage tanks previously located on-site, had leaked petroleum hydrocarbons into the soil. Site development was allowed to proceed with the understanding that future remediation of the site would be required. The applicant has completed the testing of the site and has determined the plume of contamination. The preliminary tests indicate that the contamination extends across the area currently used as the driveway aisle, parking area, and into the public right of way. The available techniques for remediation of contaminated soil include removal of the soil and deposition of the soil In an approved, location. Another method would include soil aeration, a method which requires removal of the soil and spreading the soil in a manner that allows oxygen to commingle with the_ sample and speed the decomposition of the contaminated compounds. This method August 14® 1995 Page 10 Planning commission can be accelerated with the application of .bacteria specifibally developed with an appetite for hydrocarbons. A much more economical method is implementation of a -- --- - ---- vapor--extraction-system. A vapor extraction system involves establishing an underground system of extraction wells that connect with an above ground unit that encompasses the control panels, contamination receptacles and air stack. When the unit is in operation, the hydrocarbons are leached from the soil at variable rates, transferred to the receptacle or, furnace and the contaminates are then disposed of by incineration. The incineration is conducted in conjunction with a mixture of natural .gas within the unit. By-products include water and air and are disposed of in concurrence with South Coast Air Quality Management District (SCAQMD) requirements. The length of time for the remediation is difficult to estimate. The first 90 percent of the hydrocarbons removed from the site will occur generally within the first six months. The remaining contaminates may take an additional period that can extend as long as a few years. The soil materials and other factors will influence the progress over the remaining period. The maintenance of the system will be fairly consistent throughout service to the site. Vehicular traffic related to the project will not exceed 10 total trips a year and will not have an identifiable impact to parking or circulation on-site. The system operates on the principle of pumping hydrocarbons from the soil and consuming them within the unit. In conducting this procedure exhaust and condensation are produced as by-products. The condensation is filtered and returned to the ground but the exhaust is filtered and vented to the atmosphere via a 13 foot air stack. The pressurized emission escaping the stack, in conjunction with the other equipment operating the unit, will generate a sound at a noise level of approximately 85 decibels. With mitigation measures implemented within the design of the unit, the sound produced by the system will be reduced by 15 decibels at the site and will produce noise levels commensurate with ambient levels 20 feet from the. site. The system proposed to remediate the contamination at the subject site is an efficient cost effective method of soil remediation. The plume of contamination is widespread over the site and extends off-site as well. The system is self contained and requires little maintenance and site visitation. The primary impacts August 14, 1995 Page 11 Planning Commission associated with this type of use revolve around the exhaust produced by the unit. The exhaust is required to meet all AQMD .air quality standards. The sound levels produced by the pressurized emissions, unconstrained, can produce noise levels upwards of 85 decibels. The design of the system has been modified to reduce noise by 17.5 percent. Twenty feet (20' ) from the project site the noise level conforms to the ambient noise levels. The unit is located over 200 feet to the nearest residence and will have no direct noise impact on the development. The unit will operate at high efficiency for the first six months removing more than 90 percent of the hydrocarbons. The remainder of the operation time is presently indeterminate as various factors will affect the long term duration of use. Pursuant to the terms of California Environmental Quality Act (CEQA) this project has been determined to be categorically exempt pursuant to section 15301 (f) and 15303. This application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on August 4, 1995 and all property owners (28) within a 500 radius were mailed notices of the public hearing. Staff recommends that the Planning Commission .open the public hearing, receive testimony and adopt the attached draft Resolution approving Conditional Use Permit No. 95- 2. AP/Searcy referred the. Planning Commission to the 11 Conditions of Approval and cited condition #8 as evidence that staff has given latitude in making certain that this project is compatible with adjacent neighbors. Responding to C/Schad, AP/Searcy stated the proposed system is not the same system that is running next to the theater at Country Hills Towne Centre. AP/Searcy, responding to VC/Huff, stated the contaminates have leached into the water table. It is difficult to determine how far the plume has extended into the water table. Vapors have been cemented over and are not leaking into the air. The plume is approximately seven feet (71) below the surface. The dimensions of the pad for the incineration unit are 15 feet by 8 1/2 feet, and 12 feet high enclosure with a 13 foot stack. The County will determine the threshold of the mitigation measures. August 14, 1995 Page 12 Planning commission The site will be monitored by computer and visited once a month for maintenance. - - VC/Huff declared the -public hearing open. Bruce Flamenbaum, a Diamond Bar citizen, stated he has a leasehold interest in the property immediately adjacent to the project site. He indicated he favors locating the equipment on the opposite side of the ARCO station to that proposed by the applicant. Christian Faulk, CE Thomas Company representing ARCO, stated the applicant chose the location for the equipment because it was determined to be the least visible location to vehicular traffic. Ken Allen, ARCO Products Company, stated the location proposed by Mr. Flamenbaum may not belong to ARCO. Therefore, the permit process could be lengthy. In addition, there is a sewer easement in the area which could interfere with the necessary underground piping. Responding to C/Schad, Mr. Allen stated the unit is contained in a semi -sound proofed enclosure. In addition, acoustic panels can be mounted on the interior of the enclosure. Mr. Allen stated the applicant is driven by the conditions of approval, specifically citing Condition #8. Mr. Faulk, responding to C/Meyer stated an electrical meter is installed to keep the cost of the installation separate from the dealer. In addition, the meter assists in monitoring the efficiency of the unit. The average installation time is one to one and one-half years with the maximum time being two years. ARCO is interested in the maximization of time since the cost to run the unit is approximately $6,000 per month. VC/Huff declared the public hearing closed. C/Meyer stated he is in agreement with the proposed location. He suggested a masonry wall similar to the trash enclosure be built around the proposed facility. In addition, he suggested power poles be eliminated and the facility be served underground. He proposed two 36 inch boxed trees to screen the proposed facility. A motion was made by C/Meyer and seconded by C/Schad for conditional approval of the project subject to a masonry wall enclosure, elimination of the overhead electrical and installation of at least two 36 inch box trees. August 14, 1995 Page 13 Planning Commission C/Fong stated that, instead of masonry block wall, he suggested minimizing additional masonry walls or construction, and proposed the applicant be allowed to fence the equipment with temporary fencing. He suggested a temporary redwood picket fence which would be less expensive. C/Meyer stated he would oppose C/Fong's suggestion since the facility is new and built of masonry material. A masonry wall to enclose the unit would cost approximately $800 and would be more consistent with the current facility. Mr. Faulk, in response to C/Schad stated the motor is approximately 15 horsepower. He indicated he did not believe it would be a problem to secure an underground power source. Responding to C/Meyer, Mr. Faulk stated he believes the chain link fence with wooden slats is more aesthetically pleasing than the masonry wall and it is easier to remove. He indicated he is also concerned that explosive materials might be contained in a confined area. He further stated he would propose shrubs in place of trees because the trees tend to turn brown from the fumes. In response to CDD/DeStefano, Mr. Faulk stated it would take approximately one to two weeks to return to the City with drawings to incorporate the proposed amendments. CD D/DeStefano stated that with the number of doubts with respect to the items expressed by the Commissioners it would be appropriate for the Commission to consider a continuance of this item. Responding to C/Meyer, Mr. Faulk stated they would prefer to proceed with the facility. He further stated that if it is the Commissions desire, the applicant will install a masonry wall. He indicated he does not feel it is in the public interest to.delay the project. C/Meyer responded to Mr. Allen that a six foot high enclosure would be adequate. Mr. Allen suggested that the Commission consider shrubs in place of the box trees. C/Meyer agreed that the applicant should continue the current landscaping and include the enclosure. C/Meyer reiterated his motion to adopt the Resolution approving Conditional Use Permit No. 95-2 subject to a six foot high masonry enclosure, elimination of;overhead electrical and landscaping for the enclosed area that is consistent with the current landscaping. August 14, 1995 Page 14 Planning Commission C/Schad suggested that soundproofing panels be installed on the interior of the block wall. Mr. Faulk responded that the block wall is a tremendous sound barrier and should -not require additional soundproofing. However, if the noise level is found to be problem, the applicant will take the necessary measures to mitigate the problem. The motion to approve Conditional Use Permit No. 95-2 subject to the stated amendments was approved 4-0 with the following roll call:. AYES: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Flamenbaum ASSENT: COMMISSIONERS: None Chair/Flamenbaum returned to the dais. PLANNING COMMISSION ITEMS: VC/Huff questioned whether the Grand Avenue median is being watered regularly during rehabilitation. CDD/DeStefano responded that he understands there is a problem with the water line. He believes the median is currently being hand watered. VC/Huff requested a calendar of events for the Planning Commission. VC/Huff asked for a status on his earlier request that the Planning Commission review current projects on a Saturday field trip. VC/Huff requested an update with respect to recommendations for proposed high school ingress/egress. CDD/DeStefano responded to VC/Huff that the review of projects was to coincide with the Development Code process. Staff and the Planning Commission agreed that the Commission should review projects that have been developed as a result of current codes to assist in deciding whether those codes are appropriate for the City's future projects. Staff indicated the tour could include other cities. Staff requested that the Commissioner's provide staff with a list of projects in other cities they would include in the Development Code process. As previously related to the Commission regarding the second access road for the Diamond Ranch High School, there are three road alignments that are possible: From Golden Springs Drive cutting through the property commonly known as the "Eric Stone" site, paralleling the 60 Freewayand entering the property at the rear of the high school; from one of the cul- de-sac's off of Armitos; and the end of Deep Springs Drive August 14, 1995 Page 15 Planning Commission where there is a drainage structure. The school district is considering the third option as a second access point which would be designed solely for emergency purposes. The City is interested in a second access road, however, the city is not interested in paying for such a road. The district would prefer that the road be constructed at the City's expense. It has been estimated that, depending on the route, the cost could be $3,000,000. to $10,000,000. He indicated he has been informed that the City will not investigate this item any further until there is some type of agreement proposed. Responding to Chair/Flamenbaum, CDD/DeStefano stated there is no authorization to the City's Engineering staff to expend City funds for these types of road alignments. Attempting to plan for the eventual connection of the school to Diamond Bar is a good one. However, the City's position at this time is that there will be no City funds expended for the school project. Some streets were designed in a conceptual manner at the time the concept plan for Tres Hermanos was completed. There ,is only one cul-de-sac that would not involve the purchase of a residential dwelling. All other cul-de-sac's would involve the elimination of one or more houses. The consideration in this matter is the use of City resources for a school district project. C/Fong stated he noticed at the northeast corner of Diamond Bar Boulevard and Cold Springs Lane that the existing apartment development is still displaying old banners and wooden signs: He asked that staff review this location to determine if the signs conform to the Cityks.sign code. C/Meyer commended the City Council for adopting a General Plan recognizing the fact that there is not a General Plan in existence that will please 100 percent of the population. At a minimum, the first rock of the foundation is in place. In addition, he commended staff for their stellar efforts in moving forward with this seemingly lost cause and doing it with a minimum amount of personnel and a maximum amount of effort. Chair/Flamenbaum presented staff and Planning Commissioners with a copy of "Proposed General Plan Provision for the Conservation of Oak Woodlands" which was produced by the California Oak Woodlands Conservation Society to be considered for policies and proposed language for the proposed Tree Ordinance. INFORMATION ITEMS: 1. Status Report regarding implementation of General Plan (i.e. Tree Preservation Ordinance, Slope Density Ordinance, Development Code, etc. August 14® 1995 Page 16 Planning commission CDD/DeStefano stated that with the adoption of the General Plan staff is beginning the implementation process. The Planning Commission will begin with the creation of a new Development Code. The City recently adopted a new Municipal Code which creates a better structure for the Development Code with respect to the code sections, citations and the overall outline. Staff proposes to bring individual ordinances to the Planning Commission such as the Tree Preservation Ordinance, a Slope Density Ordinance, the Parking Ordinance, etc. The City is close to issuing the Request for Proposal to development code consultants. The effort to produce the previously mentioned ordinances will be a staff driven effort. Staff will begin the public notice process for these items to be agendized for the September 11 Planning Commission meeting. CDD/DeStefano continued that in addition to copies of the General Plan, the Planning Commission has been provided copies of the annotated version of the Political�Reform Act which discusses campaign contributions, disclosures, gifts, etc. In addition, staff is transmitting information to the Commissioners received from the July San Gabriel Planning Committee meeting attended by VC/Huff and AstP/Lungu. The subject discussed was 1115 Ways to Fix the Suburbs"., ANNOUNCEMENTS - None ADJOURNMENT: Chairman Flamenbaum declared the meeting adjourned at 9:00 p.m. Respectfully Submitted, James DeStefano Community Development Director, Attest: Bruce Flamenbaum Chairman INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Assistant Planner 4— SUBJECT: Study Session for the City's Tree Preservation Ordinance DATE: September 1, 1995 Pursuant to the Commission's direction, the September 11, 1995 agenda includes a study session for the City's Tree Preservation ordinance. Attached is the Tree Preservation ordinance, recommended by the Planning Commission for adoption to the City Council on January 13, 1992. The City Council reviewed the ordinance at a March 10, 1992 study session. The Council, by consensus, tabled the ordinance. Also, attached are tree ordinances from other cities, and "How To Write A Municipal Tree Ordinance" from Friends of Tree City USA. Please review the City's draft Tree Preservation ordinance and other attached information for discussion at the September 11, 1995 Planning Commission meeting. i Attachments: 1. Interoffice Memorandum to the Planning Commission dated November 1, 1994 which includes "How To Write A Municipal Tree Ordinance" and sample ordinance from the National Arbor Day Foundation; 2. Interoffice Memorandum to the Planning Commission dated November 8, 1994 which includes tree ordinances from other cities; - 3. Interoffice Memorandum to the Planning Commission dated October 24, 1994 which includes the March 10, 1992 City Council study session minutes, Draft Tree Preservation ordinance, Planning Commission staff report for the October 14, 1991 meeting, and June 24, 1991 Planning Commission meeting minutes. INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Assistant.Planner SUBJECT: Tree Preservation Ordinance DATE: November 1, 1994 At the October 24, 1994 Planning Commission meeting, the Commission directed staff to agendize a tree preservation ordinance study session for the November 14, 1994 Planning Commission meeting. The Commission also directed staff to examine the following: (1) successfulness of other cities' tree ordinances; (2) implementation costs of other cities' tree ordinances; and (3) "Tree City USA" designation requirements; Other cities (Santa Ana, Placentia, Rancho Cucamonga, Thousand Oaks, San Dimas, La Verne, Sierra Madre, Santa Clarita, and Claremont) were surveyed as to the successfulness of their tree ordinance. A majority of the cities believed that in actuality, their tree ordinance is successful and attribute the success to the following: the community as a whole cares and as a result, helps enforce the ordinance; the standards within the ordinance are reasonable; the city's prompt response time to complaints; and after their ordinance's adoption, a public relation campaign was enlisted to inform the community. .Claremont is in the process of consolidating their tree standards into one ordinance identified as "Street Tree Code" and to strengthen their permit process. Sierra Madre is in the process of reviewing their ordinance to investigate the incorporation of a violation penalty section and designate the responsibility of street tree trimming to the City instead of the residents. Implementation costs of a tree ordinance in other cities (Santa Ana, Placentia, Rancho Cucamonga, Thousand Oaks, San Dimas, La Verne, Sierra Madre, Santa Clarita, and Claremont) were surveyed. None of the cities 'could place a dollar amount on the implementation costs. Claremont stated that approximately $5,000.00 a year wasspenton newsletters informing the community of codes and care pertaining to trees. "Tree City USA" is sponsored by The National Arbor Day Foundation. The National Arbor Day Foundation's purpose is to propagate, preserve, and enhance America's urban forest which includes trees in our yards, parks, and playgrounds; along our streets and highways; by railroad tracks and hiking trails; along rivers and streams; and in golf courses and open spaces. To be named "Tree City USA", a town or city must meet the following four requirements: 1. A Tree Board or Department: In a typical city, at least half of the trees are on public property - along streets, in parks, and around public buildings. Someone needs to be legally responsible for the care of those trees: a department, board, commission or other authority. .A tree board is a group of concernedcitizens, usually volunteer, charged by ordinance to develop and administer a comprehensive city tree management program. Broad-based community involvement is encouraged. Beautification committees and civic and service clubs can play a vital role. However, to insure year-to-year continuity, there needs to be an organization with legal status that implements an annual work plan to care for the community's trees. In the City of Diamond Bar, the tree board responsibility could be designated to the Planning Commission or Parks and Recreation Commission. 2. A City Tree Ordinance: To be named "Tree City USA", a city must have a tree ordinance. The ordinance should determine public tree -care policies, for planting, maintenance and removals. Ideally, a city's tree ordinance will make provisions for establishing and updating a list of,recommended street tree species to be planted with spacing and location requirements. A sample tree ordinance from The National Arbor Day Foundation is attached to this memorandum. 3. A Community Forestry Program: A Community Forestry Program is a solid management program - a plan of action for protecting, planting, watering, pruning, insect and disease control, and dead tree removal. Many cities begin their program by taking an inventory of the trees growing on public property. The inventory data is summarized in a written report for presentation and approval by' city council. The essential, ongoing activity for the care of trees along streets, in parks, and in other public places is the community forestry program. An annual work plan should address dead and hazardous tree removal, safety and fine pruning, planting, watering and fertilizing, and insect and disease control. To be named "Tree City USA", a town or city must annually spend a minimum of $2.00 per capita for its community forestry program. In determining the size of the City's budget, consider all funds spent for tree care. The City of Diamond Bar's commitment would be a minimum of approximately $109,000.00. The City's 1994-95 budget designates $75,000.00 for tree trimming and $25,000.00 for tree watering. According to Bob Rose, Parks and Recreation. Director for Diamond Bar, additional funds are spent for the following: approximately $4,500.00 to create a street tree trimming list and inspections - six times a year; approximately $3,000.00 to maintain park trees; and approximately $12,000.00 a year for trimming trees for overhead clearance. At this time, Diamond Bar is spending approximately $119,500.00 for 194-95 budget year. 4. An Arbor Day Observance and Proclamation: An Arbor Day celebration can be simple and brief, or an all -day or all -week observance. An Arbor Day event might include: greetings and proclamations by a civic leader; reading a brief Arbor Day. history;. children singing songs and reading poems about trees and tree planting; planting a tree together; completion of the planting along with a demonstration on how to properly water and care for the new tree; ask a civic group to promote a paper drive and use the proceeds to buy a special tree to plant in a public place; organize an Arbor Day fair; and/or conduct a tree hike to see outstanding, unusual, or historic trees. No matter how small or large the Arbor Day celebration, to make it official the mayor must issue a proclamation declaring the observance in the community. Other cities, within the area that are designated as "Tree City USA" are Claremont, La Verne, Sierra Madre, Santa Clarita, and Rancho Cucamonga. Being designated as "Tree City USA" creates good public relations. It shows that a city cares about their environment - their urban forest and is recognized on a national basis. This designation also can provide a competitive edge when,applying for grant money. Attached is the Tree Preservation Ordinance which was recommended to City Council for adoption on January 13, 1992. The City Council reviewed the ordinance at a study session on March 10, 1992. At that time, by consensus.of the Council, the proposed Tree Ordinance was tabled. Also, attached are tree ordinances for other cities and "How To Write A Municipal Tree ordinance", from Friends of Tree City USA. Please review the Tree- Preservation Ordinance and other attached information for debate and discussion at the November 14, 1994 Planning Commission meeting. Attachments: Tree Preservation Ordinance date January 13, 1992 city Council minutes from their March 10, 1992 study session "How To Write A Municipal Tree Ordinance" Tree ordinances from other cities sample Ordinance for The National Arbor Day Foundation - e........ 9 Bulletin No. James R. Fazio, Editor O TREE CITY USA BULLETIN . for The Friends of Vee City USA Munic ap�d e o c Tree City USA is a powerful force for the promotion of tree care and urban forestry. It is a program that has caught the imagination of citizens, elected officials and urban tree professionals. Owl, 1,000 communities now fly the nag of membership, a composite area that is home to some 65 million Americans. At the heart of the Tree City USA program are four basic requirements: The community must have (1) a tree board or department, i2) an annual community forestry program backed by the expenditure of at least $2 per capita for trees and tree care, (3) an annual Arbor Day proclamation and observance, and (4) a tree ordinance. In this special issue of Tree City USA Bulletin, sections of a model ordinance are presented, explained and illustrated with actual example's. Not every section will be appropriate to -,11---iti— and thare are nlhers in use that are not included in this general coverage of the topic. The purpose of this issue is to provide a starting point for the thousands of communities that do not have an adequate tree ordinance. Although an oaxlinance is only as good as the administrative program that backs it up — including support for education and, when necessary, enforcement — a municipal tree ordinance and involvement in the Tree City USA program are giant strides in the direction of healthier urban trees and a quality environment. G%/�/� aof-� ]oho Rosenmu Executive Director National Arbor Dav Foundation Ordinances reflect the values of a community, the values its residents believe are worth protecting'to maintain their quality of life and an environment that is both safe and pleas- ant. A community's trees, often called the "urban forest," are very much the kind of community asset that deserves to be protected and managed for the common'good. A tree ordinance encourages beautification, air cooling and purification, noise abatement, property value enhance- ment and the other attributes of trees within a city. It also en- ables citizens to prevent and control the spread of diseases, to preserve trees in the path of development, and to avoid unnecessary costs associated with sewer clogging, sidewalk replacement and tree -related accidents_ An ordinance may also give force and direction to professional tree care within the municipality's work force and helps control unscrupulous or careless operators. Ordinances vary in length and complexity; but the key to etfcctiveness is to write the ordinance simply, clearly and tailored to the needs ofyour community. In the end, a tree or- dinance is just another tool for proper tree care. Like any tool, it needs to be of high quality, matched properly to the job, and used with skill and care. The ordinance sections -and their descriptions that " follow arc based largely on the work of Philip J. Hoefer of the Colanado State Forest Service. His compilation rnsulled im a new publication, Municipal77-ce Ordinance Manual, that was developed by the Municipal Arborists and Urban Foresters Society, a special interest group of the Interna-' tional society of Arboriculture (ISA). The manual has been published by ISA and supersedes its earlier publication, A Standard Municipal7,ee Ordinance, that has been widely used since 1972. We gratefully acknowledge permission by the author and the societies to use excerpts from their publication, and we encourage you to obtain a copy or the manual as referenced on page 8. In its entirety, the manual consists of an introduction, sections for possible inclusion in an ordinance, three sample ordinances (one quite short, the other more com- prehensive, and the 7972 standard ordinance), and a "stan- dards and specifications" section. The latter consists of detailed guidelines to arboricultural practices such as planting and priming, maintenance, removal, landscaping, contracting and similar activities that are important in any community fousty program. A standards and specifications section is recom- mended as a separate but companion part of a municipal ordinance. This is because including such a loge amount of detail directly in the ordinance itself is cumbersome and difficult to change. For greater flexibility it is better to keep the ordinance brief, but to authorize the designated for- estry body (board, commission or department) to promul- gate rules, regulations, standards and specifications. These can be published separately and revised as necessary, but 2 • TREE CITY USA BL;=N No. 9 • National Nbo• Dav Furmdarion still be subject to final approval by the city council or other elected officials. Imporlantly, each community has different circum- stances that need to be addressed in an ordinance and its accompanying standards and specifications. Use the model ordinance sections and the ordinances of other commu- nities as starting points for developing your own ordinance or to revise one that is not working well, but add or delete sections to match the unique needs and circumstances of your community. Be sure to use the services of an attorney to review or help write all drafts to assure that your final product is legally sound as well as beneficial to the hiture ofyourConmrunity's• trees. ZMn sr�u� A workable ordinance Detailed performance standards should be short. and specifications are best placed In a separate document. '' � - -�- ��sacfwYo,uufS.3".e..s.-~ - .:<... - ,v.....�,.�..- -� •'y' "'�.- w,-,- `T.; �...>_,«_.a..., v._».._L... :��- _...__�.. :�L,...-r.;�; �y.1•••'_ ._ k..1:. .._. _.._ __t. _.].....9. 'SS.r17.o _..:.e.+.. r. 5.�J7T%T f'1..3_._._1_��.. - •... _ �' .. �:•• . Suggested Sections for a Tree* Ordinance ;. Although no two tree ordinances will be exactly alike, there are some basic elements that will -�� help assure that the document is workable and effective. These elements are called sections, and they are presented here with examples and principles that illustrate why each one is necessary... .. . I. PURPOSE PRINCIPLE: An opening statement that clearly sets forth the purpose of the ordinance will help avoid ambiguity in interpretation. This initial section is usually capitalized and in bold print. Example: ITIS THE PURPOSE OF THIS ORDINANCE TO PROMOTE AND PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE BY PROVIDING FOR THE REGULATION OF THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES, SHRUBS, AND OTHER PLANTS WITHIN THE CITY OF H. AUTHORITYAND POWER PRINCIPLE: Someone,within city government must have the clearly designated authority to administer the provisions of the ordinance. This section defines, designates, or creates a department, board, commission, or person responsible for the planting, care, and protection of the city's trees. Example: There is hereby created and established a City, Tree Board for the City of , which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the ^«` --approval of the city council Members -of -the board shall serve without compensation. (HOME RULE AUTHORITY: in order to avoid conflicts with state laws governing trees, a statement transferring regulations to the city maybe necessary. State, county and city laws will explain this process. If needed, the statement should be added as a section.) III. TERM OF OFFICE PRINCIPLE: Reasonable and clearly stated terms of office for volunteer boards or commissions will help infuse the program with new ideas on a periodic basis and will help avoid the problems created by obstructionists with life or long -tern tenure. This section defines length of service, a method for filling vacancies, and the number of consecutive terms of any) that can be served. Staggering terms can help assure continuity and stability. Example: The term of the five persons to be appointed by the mayor shall be three years, except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. A clearly stated purpose prevents misinterpretation. A tree ordinance and tree board or commission usually go hand in hand. Limited and staggered terms of office lend vitality and continuity to a board. vers— TIU R13rnN— u. naGnnal Ari—Da Foundation•3 .� a. ._ J, _.. . along rights-of-way In public parks A license requirement protects both trees and property owners. An Insurance provision helps protect city government and unwary home or business owners who hire someone to do tree work. IV. APPLICABILM PRINCIPLE: This section is needed to make it clear what property is covered by the ordinance. This usually includes trees on rights-of-way, public parks, cemeteries, and other public grounds, and sometimes even on private property. Example: This ordinance provides full power and authority over all trees, plants and shrubs located within street rights-of-way, parks and public places of the city; and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. V. DEFINI'T`IONS PRINCIPLE: To prevent misunderstanding, words that may be unfamiliar to lay citizens should be defined. If a standards and specifications appendix accompanies the ordinance, many arboricultural terms can be placed there instead of in this section. Examples of words or terms to define: arborist, contractor, city forester or city arborist, tree, public tree, private tree, tree lawn, parkway, right-of-way, easement, etc. VI. LICENSING PRINCIPLE: One way to protect trees and citizens from irresponsible companies or individuals who pose as arborists is to require practitioners to have a license. Conditions l'or obtaining the license may even require that the person be a certified arborist. (See Bulletin No. 6.) This section provides licensing authority and includes details such as fees, frequency of renewal, testing procedures, types of licenses, suspensions and appeals surety bonds, showing identification on equipment, etc. Example: It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating trees, shrubs or vines within the City without first producing evidence of certification/license before the City. (An explanation of requirements and fees is then presented.) VII. INSURANCE 11131NCIPLE: Arborists work under dangerous circumstances and around high value property Since it is often dillicult for homcotivncts to ascertain whether property and tree workers are adequately covered, or to insist on such coverage, a provision in the tree ordinance can easily correct the situation. Example: Before any license shall be issued, each applicant shall first file evidence of possession of worker compensation and liability insurance in the minimum amounts of $1,000,000 for bodily injury or death and F $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endevor as herein described. .-:C�>fi's�.2'a."�-���.d,�-,r .,=w;i. 9.y. 5s.".is.:..�'�-�...�..w.-<..-s....�-±��z�it,,..�-��.::.. �..:3.: ..nig>'�:::..x:-.�::s�v-..�.`.'-�., "-'rre�,.�::x'. ., �� VIII. LANDSCAPING PRINCIPLE: This section can assure that trees will be a part of new developments. But planted vegetation can be an asset or a liability — : depending on what is planted and how it is done. This part of the 'y ordinance can define a process for having neve landscape plans reviewed -' and approved by the city forester or tree board, with the issuance of building permits only after such a review. Example: In new subdivisions or when the development of commercial property occurs, the city forester will review landscaping plans and may require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided. TX. TREE PLANTING, MAINTENANCE, AND REMOVAL PRINCIPLE: Good tree care and management is possible only if people have specific informatioh about practices that result in safe, healthy trees that contribute to a quality environment rather than create problems. The purpose of this section is to provide that information in the form of requirements. In many ways, it is the heart of a good ordinance. Actually, the material in this section is best included in a separate standards and specifications chapter, but placing it directly in the ordinance is an option. Either way, all specifications should be reviewed at least every five years, and should include such specifics as desirable and undesirable tree species, spacing, pruning techniques, hazardous trees, sight obstruction, and vandalism. A good way to clearly specify pruning standards is to follow those l established by the National Association of Arborists. For specifying what is expected in planting stock, consult the American Association of Nurserymen's Ainericari Standard for Nw stay Stock (See page 8). Examples: Tree Species — The. Town Tree Board develops and maintains a list of desirable trees for planting along streets in three size classes: small, medium and large. A list of trees not suitable for planting will also be created and enforced by the Tree.Board. Spacing — The spacing of street trees will be in accordance with the three species size classes listed in this ordinance, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect. Utilities — No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Distance from Curb and Sidewalk — The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section _ of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet;.and large trees, 4 feet. Topping — it shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board. TREE CITY USA RUFFIN No. 5 • National Arbor Dav Foundation • 5 __ _ '..... .y.+- t .0;?^.U:6h`y�at_.....t_^'.'aryl.'.-•-�..—+`.:'S.a, r - , X. ADJACENT LANDOWNER RESPONSIBILITY Action by officials is sometimes needed on private property for purposes of public safety. PRINCIPLE: Quite naturally, homeowners often want to plant trees or do work, on trees that abut their property but are on a public right-of-way. This section describes a process by which the homeowner can do the . work, but only in accordance with the sound principles of urban forest management and arboriculture. Example: No person shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an application and procuring a permit from the city forester. The person receiving the permit shall abide by the standards set forth in this ordinance. XI. TREE PROTECTION PRINCIPLE: Protecting existing trees is a major challenge. Therefore, more and more progressive communities are using this section not only to prevent insect and disease epidemics, but also to protect trees on both public and private property from damage during construction. Increasingly, another use of this section is to identify and protect trees of historic value or unusual qualities (called landmark trees). Requiring permits for all tree removals is one way to achieve these goats. Example 1: Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the city forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice. Example 2: The following guidelines and standaids shall apply to trees proposed (in a developer's "tree protection plan") to be retained... (Rules are then specified such as not grading or locating utilities within the tree's dripline, placing protective barriers around trees, preventing siltation, etc. Or, developers may be required to preserve a percent of forested tracts, plant trees in open space, or pay into a county tree planting fund so that there is no net loss of tree cover.) Example 3: The city forester shall have as one of his/her duties the location, selection and identification of any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: (Criteria may include species rarity, old age, association with a historical event or person, abnormality, scenic enhancement, etc.) XII. PRIVATE TREES PRINCIPLE: Since trees on private property often affect the safety and welfare of other trees and people other than the owner; a provision is needed to allow community action in such cases. This section provides authority to inspect private trees, designate then as public nuisances and doinand their removal when necessary. Example: The city forester or his/her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary. (Note: An appropriate legal definition of a public nuisance is needed here, such as any tree with an infectious disease or insect problem: dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; a tree that poses a threat to safety, etc. Also needed is a description of the legal process for notifying property owners and causing abatement of the nuisance, including removal and billing for costs by the city if action is not taken by the owner.) d"g A protection provision Is Important for safeguarding mature trees and other existing vegetation from Insects, construction damage or, In some cases, removal. Action by officials Is sometimes needed on private property for purposes of public safety. y.'_�`�,. X. ADJACENT LANDOWNER RESPONSIBILITY PRINCIPLE: Quite naturally, homeowners often want to plant trees or do work on trees that abut their property but are on a public right-of-way. This section describes a process by which the homeowner can do the _ work, but only in accordance with the sound principles of urban forest S< management and arboriculture. Example: No person shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an application and procuring a permit from the city forester. The person receiving the permit shall abide by the standards set forth in this ordinance. XI. TREE PROTECTION PRINCIPLE: Protecting existing trees is a major challenge. Therefore, more and more progressive communities are using this section not only to prevent insect and disease epidemics, but also to protect trees on both public and private property from damage during construction. Increasingly, another use of this section is to identify and protect trees of historic value or unusual qualities (called landmark trees). Requiring permits for all tree removals is one way to achieve these goals. Example 1: Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the city forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice. Example 2: The following guidelines and standards shall apply to trees propbsed (in a developer's "tree protection plan") to be retained... (Rules are then specified such as not grading or locating utilities within the tree's dripline, placing protective barriers around trees, preventing siltation, etc. Or, developers may be required to preserve a percent of forested tracts, plant trees in open space, or pay into a county tree planting fund so that there is no net loss of tree cover.) Example 3: The city forester shall have as one of his/her duties the location, selection and identification of any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: (Criteria may include species rarity, old age, association with a historical event or person, abnormality, scenic enhancement, etc.) XII. PRIVATE TREES PRINCIPLE: Since trees on private property often affect the safety and welfare ol'other Irces and people other than the owner, a provision is needed to allow community action in such cases. ]'his section provides authority to inspect private trees, designate them as public nuisances and demand Ihcir removal when necessary. Example: The city forester or his/her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary. (Note: An appropriate legal definition of a public nuisance is needed here, such as any tree with an infectious disease or insect problem: dead or dying trees; a tree orlimb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; a tree that poses a threat to safety, etc. Also needed is a description of the legal process for notifying property owners and causing abatement of the nuisance, including removal and billing for costs by the city if action is not taken by the owner.) L4. PRINCIPLE: Permits provide a way to make certain that anyone who plants, does work on or removes a public tree (and sometimes private trees) is knowledgeable and capable of doing the job right. Permits also are 7u a means to assure compliance with standards and specifications, allow for follow-up inspections, and generally serve as a tool for enabling a community to control the future of its urban forest. Example: No person except the City Arborist, his/her agent, or a contractor hired by the City Arborist may perform any of the following acts without first obtaining from the City Arborist a permit for which no fee shall be charged: (treatments and actions are listed, each one specifying whether it applies to trees on public land or to any tree, public . or private). Note: An example of a permit form is included in the MAUFSASA "Municipal Tree Ordinance Manual." MV. ENFORCEMENT PRINCIPLE: Foran ordinance to be more than a piece of paper, authority must be given to the city forester or other official to enforce the provisions. This includes the right to issue notices of violations, notices to perform work and to stop work. Example: The city forester shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any, street, alley, sidewalk, or other public place in the city. (Details about the process of rule-making, review and approval by the governing body, and enforcement need to be included.) XV. PENALTIES, CLAIMS AND APPEALS PRINCIPLE: Enforceable, meaningful ordinances must contain provisions for penalties and violations. Most cities have standard statements that will work in a tree ordinance, or one maybe written specifically related to trees. There needs to be a process for the city to do needed work if a landowner fails to comply with an order and an appeal route. Examples: Violations — Any person who violates any provision of this ordinance or who fails to comply with any notice issued pursuant to provision of the ordinance, upon being found guilty of violation, shall be subject to a fine not to exceed $500 for each separate offense. Each day during which any violation of the provisions of this ordinance shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this ordinance, the injury, mutilation, or death of a tree, shrub, or other plant located on city -owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture. Assessment of Claim — in the event that a nuisance is not abated by the date specified in the notice, the City Arborist is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shalt be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to prosecution. Appeals — (Include your municipality's standard appeals process.) M. OTHER _ Because circumstances vary so widely behveen municipalities, there may =' be other sections necessary to fashion an ordinance to the needs ofyour community. These range from sections that local government may require in all its ordinances (such as a severability clause that states that if any section of the ordinance is found to be invalid or unconstitutional, it does not affect the validity of remaining sections) to how the urban forestry nmgram into he financed_ The ordinance must fit your town's needs. Permits help make sure everyone knows the rules and best practices before doing tree work. The legal process to be used against violators must be clearly spelled out. TREE MY USA EVUSUN No.9 - National Adtor Day Foundation -7 Tree ordinances are important for olg cities ano small towns. Tree Citv USA Bulletin will inform readers about helpfil, up- io-dale publications which provirlr: more rfepth, or tlr:u are readily available for conununily disll•ibulian. The editor welcomes sample copies to considerfor inclusion in fiuure revisions. It is recommended that anyone developing a new tree ordinance or revising an existing one first obtain a copy of the following manual. Sale price is $25.00. . Municipal Tree Ordinance Manual International Society of Arboriculture P.O. Box 908 Urbana, IL 61801 Copies of tree ordinances from other, cities will he invaluable in deciding what to 'include and how to fashion —;;;;," tite language in your ordinance. Below is • ll excellent exaruple of a tree ordinance that has been _ attractively reproduced for public distribution. Fort Collins' urban forester, Tim Buchanan, has also written a Contact: model standards and Office of the City Forester specifications document as a Parks & Recreation Department companion to the tree 413 S. Bryan ordinance. Fort Collins, CO 80521 For copies orOther mmilplaly Irrr. ordinances, including; 11111.41. with swung provision, I'll, protecting tuislinh Ir•1rs IS,!,! Scclion XU, cunlaci Tho National Aliwr Day Foundation. For it historical and national overview cl'troo ordinances, consult batik issues or the Journal of Arboriculture IPU. Iiox 908, Urliana. iL 618011. - i'or cur•rentiv accepted_stand;uds, obtain copies of the following publications: American Standnr•dfor Nursery Stork Annn ican Association of Nurservnan 1250 1 St., N.W Suite 500 Washington, UC 20005 Pruning Standards for Shade Trces National Arborist Association P.O. Boz 1094 Amherst, NH 03031 i1C Wiix 0 printed on recycled paper SOYINK To order additional Bulletin copies... Friends of Tree City USA memhels may obtain a singe copy of any Trec City USA Bulletin ftxht of cost. Quvuitiex of any issue are available at 25 for $625 or 500 for $100. To order, specify the issue number and quantity, and make your check payable to: The National Arbor Day Foundation, 100 Arbor Avenue, Nebraska City, NE 68410. The Bulletins available are: • No.1 Haw to Prune Young Shade Trues • No. 2 When a Storm Strikes • No. 3 Resolving'1Me-Sidewalk Conflicts • No. 4 The Right Trce for the, night Piece • No. S living with Urb:nr Soils • No. 6 ?low to Hire an Arborist • No.7 flow to Save 71r -ccs During Construction • No. 8 Don't Top Tives! - _ • No, 6 How to Write a hftmicipal Tree Ortlinanee - To Join the Friends of Tree City USA ... to mceive a subscription to Ihe'11 nn (:ily LISA Bulletin.. and to become mor•c involved in the tuitan forustry movement in your town and throughout America, send a $10 dues -donation to Friends of Tree City USA, National Arbor Day Foundation, 100 Arbor Avenue, Nebraska City, NE 68410. ;`fake your check payable to National Arbor Day Foundation. Tree City USA Bulletin ©1991 National Arbor Day Foundation. John E. Rosenoty, publisher, James R. Fazio, editor, Gerreld L Pulsipher, graphic design; Gene 1,V. Grey, William P. Kntidenier, James J. Nighswonger, Steve Sandfort, technical review conmtiucc. Although coilytighl is veered with the Foundation, plrxuissiun is hcn-OlY gnillivd fur Ihr. colu is ul' 111i.,bullulin to bo reproduced for nun-cununerci;tl educational 1)].public stavice putyosr.S provided the spurt:e is acknowledgatl. 'nlige Trim City USA program is spouSO •cd by 'rhe Nanional Arixwr Dav Fellndariarl in cooperation with theS U. Forrest Service and on Natial Association of State Forester~. To achieve the ational recognition of being Ilarned its a'1'ree TRF,E CffS' PSA City USA, a town or city must meet four standarxls: Standanl 1: A Trre Oo;uxl ur DaINIrintent Standarxl '-':A Cily •Ilx:o 0AHI 1113: Standarcl 3: An Amaral Community for eshy Prograon Standard •I: An Ancor Day Ubscrv;n ce anti Proclamation Each winning conu lunity receives a Tmu City USA Rag, plaque, and community entrance signs. Towns and cities of every size can qualify. Tree City USA application forms are available from your state forester or The National Arbor Day Foundation. Published for the Friends ofkee City USA by The National Arbor Day Foundation INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Assistant Planner SUBJECT: Tree Preservation Ordinances From Other Cities DATE: November 8, 1994 The tree ordinances attached to this memorandum were utilized for the preparation•of the January 13, 1992 draft Tree Preservation Ordinance. Also attached is a tree ordinance from the cities of Bradbury and Sierra Madre. Attachments: Tree Ordinances of the cities of: Rancho Cucamonga San Diamas San Marino La Verne Thousand Oaks Bradbury Sierra Madre _ 19.04.070--I9.74.09'� proposed grading plan. The scale must be sufficient to de- lineate details. The submitted information shall be re- viewed by the grading committee during pertinent review pro- cess. The grading committee shall not approve a conceptual grading plan unless it is found to conform with the poli- cies, standards, and guidelines, established by or pursuant to this chapter. The approved conceptual grading plan shall provide the basis for preliminary and/or final grading pian approval under other city regulations. (Ord. 118 56, i9a0). 19.04.070 Exemptions. The community development di- rector nav waive any or all of the requirements of Sectio..^. 19.04.060 if he determines that any proposed waiver :ill have no significant effect upon topography, drainage, and/or natural.features. (Ord. 118 §7, 1980). 19.04.080 Map and site plan approval contingent on grading plan approval. No tentative tract map, tentative parcel man, or site plan submitted for development review shall be approved until a conceptual grading plan has been approved or has been waived. (Ord. 118 58, 1980). 19.04.090 Anbeal. Any interested person may, :within fourteen days after a decision by the grading corittee, appeal the decision in writing to the planning coT-issio- pursuant to appeal procedures outlined in the zoning orci- nonce. (Ord. 118 §9, 1980). Chapter 19.08 TREE PRESERVATION* Sections: 19.08.010 Pu=pose and intent. 19.08.020 Applicability. 19.08.030 Definitionsr 19.08.040 Exceptions. 19.08.050 Permit --Required. 19.08.060 Permit --Application. 19.08.070 Permit --Procedures. 19.08.080 Emergency waiver. 19.08.090 use of explosives. 19.08.100. Tree replacement policy. 19.08.110 Protection of existing trees. * Prior ordinance h:stGrv: Ord. 37. • (Ranclio Cue 1R1ontja • 5•'8G) 9.08.050 which meets at least one of the following criteria: 1. All eucalyptus windrows; or 2.-> All woody plants in excess of fifteen feat in c fifteen : y height and having a single trunk circumference o� inches or more, as measured twenty-four inches from ground level; or 3. 'Multitrunk tree(s) having a- total circum`erence of thirty inches or more, as.measured twenty-four inches _'nom ground level; or 4. A stand of trees the nature of which makes each dependent upon the others for survival; or 5. Any other tree as may be deemed historically or culturally significant by the city planner because of size, condition, location, or aesthetic qualities. - D. "Historic landmark".means, for the purposes of this chapter, any tree designated as a historic landmark bv city council pursuant to Section 2.24.100. E. "Remove" includes any act which will cause a heri- tage tree to die, 'including but not limited to, acts which inflict damage upon root systems, bark or other parts of tree by fire, application of toxic substances, operation of equipment or machinery; improper watering; changing natural grade of land by excavation of filling the drip line area around the trunk; or by attachment of signs or artificial material piercing the bark of the tree by means of n=ails, spikes or other piercing objects. F. "Windrow" means a row of trees, usually a veriety of eucalyptus, planted to provide a windbreak to protect - property or agricultural crops. (Ord. 286 §2(part), 198c). 19.08.040 Exceptions. The following shall be exempt from the provisions of this chapter: A. Trees which are fruit or nut bearing; B. Trees planted, grown, and/or held for sale by li- censed nurseries and/or tree farms or the removal or trans- planting of such trees pursuant to the operation of a li- censed nursery and/or tree farms; C. Trees within existing or proposed public richts- of-wav where their removal pr relocation is necessary to obtain adequate line -of -sight distances as required by t^e city engineer; or his or her designee; D. Trees which, in the opinion of the city engineer, or his or her designee, will cause damage to existing public improvements; C E.�.'rees which recuire maintenance or removal acticn foil-tkte protection of existing electrical power or commu- nication lines or other property of a public utility. (Ord. 286 §2(part), 1986).. 19.08.050 Permit--3ecuired. •A. No person., f_rri or corporation shall remove, relocate or destroy an, he=itace tree within the city limits, including an applicant for 19.08.670 08.070 Permit --Procedures. :a 3CCOV-L rtMIT dlW DIRT . • pn»ul ror �.•lepn•ne7 w An L.vn S Lren or 57 Ilnelr rc•t e/. . Lerl. ewtnq n.ln+T ahr to [Lett r•+ I I dl nr co p••+cnt phut: Ln Sl ex:en eoet: to IS.Cd.]%Cd SKLIan :3.Cd.Ci]A A. Private Property. Where an application £or a tree removal permit is filed on private property and is limited to five trees or fifty linear feet of windrow the following procedure is established: 1. Upon receipt of the application, the city pla- ner or designee shall investigate the site and evaluate the request on the basis o5 the following criteria: a. The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the trees (s), proximity to an existing structure, or interfe-- ence with utility services, b. The necessity to remove a tree in order to construct improvements which allow economic enjovment of the property, c. The number of trees existing in the neighbor- hood; and the effect the removal would have on the estab- lished character of the area and the property values, d. Whether or not such trees are r=_cuired to -be preserved by any specific plan, community plan., condition of approval, or designated as a historic landmark; 2. Subsequent to investigation, the city planner may approve the permit for the removal of all or some of the trees included in the application, and may attach conditions of compliance as deemed necessary, including but not limited to the replacement of the removed tree(s) with reasonably equivalent replacement trees. The city planner, or his or her designee, may refer any request to the pl=:m-1 ing co7_s- sion for a determainatic- where it is dct^r.mine the =pp_i-ca- tion involves u::usc; '_ _. to devo onment r^ :ni.re. as or i . 19.O8.G70 ` consideration to the commission's review and comment. 5. Permit Notification. At least ten days prior to making a decision, the city planner or designee shall pro- vide for public comment through notice to the property owners adjoining the subject property that such tree removal permit was requested and the results of the investigation. The public hearing notification required by Section 17.02- .110 shall include a description of the tree removal permit request. 6. Subsequent to investigation, the city planner or planning commission shall approve, conditionally approve cr deny the application to remove or relocate any heritage tree(s). The city planner or planning commission may impose conditions deemed necessary to implement the provisions of this chapter, including, but not limited to, replacement of the removed or cut down tree or trees with tree(s) of spe- cies and quantity commensurate with the. aesthetic value of the tree or trees cut down or removed; tree relocation to another site on the property; provided, that.the environ- mental conditions of said new location are favorable to the survival of the tree; and, provided further, that such relo- cation is accomplished by qualified landscape architect or qualified arborist. C. Where'the trees in question are designated as a historic landmark, a request for a tree removal permit shall be subject to review by the historic preservation commission and landmark alteration permit procedure pursuant to Section 2.24.120. The action of the historic preservation com.mis- sion shall be forwarded to the planning commission. The following trees are designated as historic landmarks: Victoria Avenue. 21 palm and 62 Eucalyptus street trees facing Lots 13, 15, and 16, Block H; Tract 575-, Block.H; and Lots 1 and 2, Block J, Etiwanda Colony Lands (Designated 3/4/81 by Ordinance No. 138). Highland Avenue. 41 palm and 291 Eucalyptus street trees facing Lots 13-16, Block E; and Lots 1-4, Bloc{ H, Etiwanda Colony Lanos (Designated 4/1/81 by Ordi- nance No. 141). D. Appeal Procedure. Any person aggrieved by the de- nial or approval of a tree removal permit shall be afforded recourse of appeal in the manner described below. The fil- ing of an appeal shall automatically suspend the permit i=s- sued until action thereon is taken by the appropriate au- thority. in hearing such an appeal, the appeal body (plan- ning commission or city council) may affirm, affirm in part, or.reverse the previous determination on the tree removal - permit. 1. Administrative Decision. Apneals based on de- cisions by the cit', planner riay be `_ el by a : ar.c rig.__. (Rancho Cucamonga 2S 2-2 _..6) 1°.08.110 replacement with the largest nursery -grown trees) available as determined by the city planner or planning commission. Heritage tree relocation to another location on the site is the preferred alternative to replacement subject to a writ- ten report by a landscape architect or arborist on the fea- sibility of transplanting the tree. C. The city planner or planning commission shall con- dition tree removal permit for replacement of tree(s) within a specific time period and in accordance with the replace- ment policy established herein. D. To assist the city planner or planning commission in making a deter;aination, the applicant for a tree removal permit may be required to submit an independent anarai_al prepared by an horticulturist, arborist, or licensed land- scape architect to determine the replacement value of the tree(s) to be removed. Such appraisal shall be based upon the most recent edition of the "Guide for Establishing Val- ues of Trees and Other Plants," prepared by the Council of Tree Landscape Appraisers. (Ord. 286 §2(part), 1986). `19.08.110 Protection of existing trees. Care shall he exercrseA_by all individuals, developers and contractors working near preserved trees so that no damage occurs to such trees. All construction shall preserve and protect t:e health of trees to remain, relocated trees, and new trees planted to replace those removed in accordance with the fol- lowing measures: F. All trees to be saved shall be enclosed by an ap- propriate' construction barrier, such as chain link fence or other means a^ceptable to the city planner, prior to the issuance of any grading or building permit and prior to ecm- mencement of work. Fences are to remain in place during all phases of construction and may not be removed without th.e written consent of the city planner until construction is complete; and B. No substantial disruption or removal of the struc- tural or absorptive roots of anv tree shall be performed; and C. No fill material shall be placed within three feet from the outer trunk circumference of any tree; and D. No fill materials shall be placed within the drip` line of any tree in excess of eighteen inches in depth. This is a guideline and is subject to modification to feet the reeds of individual tree species as determined by a_: arborist or landscape architect, and E. No substantial compaction of the soil within the drip line of any tree shall be undertaken; and F. No construction., including structures and '.,alis, that disrupts the root system: shallbe permitted. As a guideline, no cutting of roots should occur within a dis- tance equal to three anv one-half times the trunk di=eter, , (iianc!u� Cucamorc:;.r -- �!8ti) periodically, or as. ma_1 be necessary for reasons of public health and safety; 2. Dead or decaying branches shall be removed, trunks stringed, and tree structure trimmed at laast evert four years or as may be necessary for reasons of public health and safety as well as aesthetics; 3 Trees should 'be trirmmed to preserve t eir natu- ral s zructure; 4. Remove unsightly or poorly crotched limbs and heavily leaning branches; 5. All cuts are to be :Wade flush and/or In line W. th proper arboricultural practices; 6. Dead, diseased, or dying trees shall b_ removed as may be necessary, and shall be replaced with gallon Eucalyptus maculata. E. Young eucalyptus windrow trees s. -all be-a=^_�a�:ems, fertilized, and irrigated as may be necessary to custa_.. thein in health condition. Dead trees shall be re?lace, wit Sa:2 SpeCles Of app.Opriate size; replace:'ent +'_ccs ncod not exceed fifteen-callor. size. (Ord. 286 §%(part), -9S6) 19.08.130 violation --Penalty. violation Of tiOn Of this chapter shall constitute a H!i56e-lea _O=,ou­ ishable by a fine Of not more than one thousand c.,_lars or by imprisonment not to exceed six months, or bct such file and imarisonment Each tree removed in violaticr o_ this chapter shall constitute a separate offense. (0_d. 286 §2 (part) , 1986) . chapter 19.12 FLOOD DR -MAGE PREVENTION* Sections: 19.12.010 Findings and determinations. 19.12.020 Purpose. 1 19.12.030 Methods of reducing flood 'losses. !9. 12.040 DeLi.it-ons. 19.12.050 General provisions. 19.12.060 Establishment of development perm_t_. !9.12.070 Designation of floo6plai^ a ::,iaist_ate=. 19.12.080 Duties and responsibilities of-_..._.niszra- tor. 19.12.090 Maintenance of flood protection :e_sures. 19.1-.io0 Hazard mitigsticn pla^. 19.12.110 Standards of construction. * Prior cry 1.^ce iu� cr:: Or.:s. 2;, 3, 0. 18.162.010--18.162.020 Chapter 18.162 TREE PRESERVATION Sections: 18.162.010 Purpose. 18.162.020 Definitions. 18.162.030 Permits required --Undeveloped property. 18.162.040 Review required --Developed property. 18.162.050 Review procedures. 18.162.060 Conditions imposed. 18.162.070 Required findings. 18.162.080 Exceptions. 18.162.090 Verification of dead, diseased or dying trees. 18.162.100 Tree maintenance. 18.162.110 Protection of existing trees. 18.162.120 Appeals. 18.162.130 Penalties. 18.162.010 Purpose. The purpose of this chapter is to preserve andprotect the mature significant trees, as well as other trees which are determined to be desirable, growing within the city. Such trees are natural aesthetic resources which help define the character of the city and are worthy of protection in order to preserve the natural environment and to protect the city's native plant life heritage for the benefit of all citizens. Mature significant trees, and other desirable trees, are unique because of their size and beauty, and their abun- dance adds distinction and character to the natural beauty of the community. It is pertinent to the welfare and safety of all citizens of the city that such trees be protected from indiscriminate cutting or removal, for conservation purposes, as well as for the preservation of the natural beauty which such trees lend to the city. It is the intent of this chanter that the design con- cerns of a developmeW'. should address preser-\ation of the most desirable and significant of the existing healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this goal. (Ord. 913 51(Exh. A), 1990) 18.162.020 Definitions. For purposes of this chapter the following definitions shall apply: A. Mature Significant Tree. A mature significant tree shall refer to any tree within the city of an oak genus which measures eight inches or more in trunk diameter and/or any other species of trees which measure ten inches or more in trunk diameter and/or a multi -trunk tree(s) having a to- tal circumference of thirty-eight inches or more; the multi - (San Dimas 1/91) Z-190 18.162.030 trunk tree shall include at least one trunk with a diameter of a minimum of four inches. The trunk diameter shall be measured at a point thirty-six inches above the ground at the base of the tree. B. "Remove" includes any act which will cause a mature significant tree to die, including but not limited to acts which inflict damage upon the root system or other parts of the tree by fire, cutting, application of toxic substances, operation of equipment or machinery, or by changing the na- tural grade of land by excavation or filling the drip line area around the trunk. C. "Undeveloped property," for the purposes of this chapter, refers to any parcel or parcels of land which does not contain physical man-made improvements, and may be.im- proved in conformance with the applicable development stand- ards of the zoning classification where the property is lo- cated. Undeveloped property shall also refer to any parcel or parcels of land which may or may not contain improvements and on which development applications including, but not limited to, development plan review board, variance, zone change and subdivision, have been submitted. D. "Developed property," for the purposes of this chap- ter, refers to property which has been improved with struc- tures, buildings, surface materials, landscaping and similar improvements in accordance with all city ordinances. (Ord. 913 §I(Exh. A), 1990) 18.162.030 Permits required --Undeveloped property. An application is required. No issuance of any grading or building permits or commencement of work shall be allowed on undeveloped property prior to the approval of a permit. No mature significant tree which conforms to the standards and definitions of this chapter shall be removed or relocated' without obtaining the written approval of the director of community development. An application to remove or relocate a mature significant tree shall include the following infor- mation as determined as necessary by the director of commu- nity development: A. A written statement indicating the reason for the removal or.relocation of tree(s); B. The location of all trees on the site, including those to be removed, shall be identified on a plan or map indicating species, trunk diameter, height, tree spread, drip line, and health; C. Photographs of the proposed trees to be removed or relocated shall be included; D. A written technical report from a certified arbor- ist regarding proposed trees, when necessary; E. Any other information as deemed necessary by the director of community development; F. The application shall be accompanied by a fee in an amount as established by resolution of the city council. (Ord. 913 §l(Exh. A), 19,90) Z-190.1 (San Dimas 1/91) 18.162.040--18.162.050 18.162.040 Review required --Developed property. Ma- ture significant trees may be removed from developed prop- erty with the approval of the director of community devel- opment subject to the following procedure: A. Requests to remove or relocate mature significant trees may be approved by the director of community develop- ment pursuant to the following information: 1. A written statement indicating the reason for the removal or relocation of tree(s); 2. The location of all trees on the site, including. those to be removed, shall be identified on a plan or map indicating species and trunk diameter; 3. Photographs of the proposed trees to be removed or relocated shall be included. f B. Requests to remove or relocate mature significant trees pursuant to Section 18.162.040 shall be exempt from all other provisions of this chapter, unless review and ap- proval by the development plan review board is required pur- suant to Section 18.162.050(0). (Ord. 913 51(Exh. A), 1990) 12.162.050 Review procedures. An application to re- move or relocate a mature significant tree shall be subject to the following procedures: A. The written approval of the director of community development shall entitle the applicant to remove or re- locate up to, but not exceeding, three trees from a single parcel. of real property. _ ____ _ _ __. _ - -- - • B. Where more than three of the existing trees on a single parcel of real property are to be removed, the ap- plication shall be referred to the development plan review board for discretionary review and approval. C. When, in the sole opinion of the director of com- munity development, circumstances are such that removal of three or fewer trees might have an adverse impact on other properties in the area of the proposed tree removal, the director of community development may refer the matter to the development plan review board. D. The development plan review board, and the planning commission as applicable, may determine that trees on the project site not defined as mature significant trees by Sec- tion 18.162.020(A) are desirable to retain. In such case, the pEovisions of this chapter shall apply. E. Where possible, application shall be submitted with the development application and should be in conjunction with a tree preservation maintenance agreement. An appli- cation for a permit, variance, zone change or tentative map for a subdivision, including a minor land division and/or a proposed development plan shall be concurrently filed with an application for a permit as set forth in accordance with this chapter. (Ord. 913 51(Exh. A), 1990) (San Dimas 1/91) Z-190.2 18.162.060--18.162.080 18.162.060 Conditions imposed. An approval.to remove or relocate mature significant trees by the director of com- munity development as set forth in Section 18.162.030 or the development plan review board as set forth in Section 18.162- .050 are subject to'conditions of approval as deemed neces- sary to implement the provisions of this chapter including, but not limited to, tree relocation and/or two for one re- - - placement with minimum twenty-four foot inch box tree(s), or other replacement of equivalent value and size, within the subject property. When on-site features, project con- straints, and/or other considerations exist which prevent reasonable on-site relocation, relocation to an approved off-site location shall be permitted. If said conditions are imposed, the owner will be re- sponsible for all replacement and relocated trees for a min- imum period of two years. If during this time the tree(s) is (are) declared unhealthy by a certified arborist as set forth in Section 18.162.090, the diseased trees shall be removed and replaced at the cost of the applicant, as set forth in Section 18.162.100. A maintenance agreement shall be submitted by the ap- plicant and established for each replaced and relocated tree. The maintenance agreement and maintenance respon- sibility shall be transferred with the sale of the property if title to the property is transferred within the specified maintenance period. (Ord. 913 §1(Exh. A), 1990). 18.162.070 Required -findings. The granting or denying of a permit or request for the removal or relocation of ma- ture significant trees shall be subject to the following findings as they pertain to the specific property: A. The condition of the mature significant tree(s) with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with util- ity services; B. Necessity to remove the tree because of its contin- ued existence at the location prevents the reasonable devel- opment of the subject property; C. The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters; D. The number of trees in the neighborhood on sur- rounding properties or on the site, and the effect of tree removal upon enjoyment of the residents and the general pub- lic, and on property values in the area; E. Good forestry practices, such as the number of healthy trees which a given parcel of land will support. (Ord. 913 §1(Exh. A), 1990) 18.162.080 Exceptions. All trees should be protected, but there are a few cases where this chapter does not apply and they are as follows: 2-190.3 (San Dimas 1/91) 18.162.090--18.162.100 A. Trees planted, grown, and/or held for sale by li- censed nurseries and/or tree farms or the removal or trans- planting of such trees pursuant to the operation of licensed nursery and/or tree farm; B. Trees within existing or proposed public right-of- way where their removal or relocation is necessary to obtain adequate line -of -site distances as required by the city en- gineer; C. Trees which, in the opinion of the city engineer, will cause damage to existing public improvements; D. Trees which require maintenance or removal action for the protection of.existing electrical power or communi- cation lines or other property of a public utility; E. Trees damaged by thunderstorms, windstorms, flood, earthquakes, fire, widespread organic disease or insect in- festation, or other natural disasters and determined to be dangerous by a peace officer, fireman, civil defense offi- cial or code enforcement officer in their official capacity; F. Minor trimming and/or pruning of trees on developed property within the scope of typical and reasonable tree maintenance. (Ord. 913 51(Exh.•A), 1990) 18.162.090 Verification of dead, diseased or dying. trees. The health of any mature significant tree declared to be dead, diseased or dying shall, prior to removal, be verified by a written report of a certified arborist, horti- culturist or other qualified person. (Ord. 913 §1(Exh. A), 1990) 18.162.100 Tree maintenance. -The careful management of trees has become an ever increasing factor in the h=..lith and care of mature significant trees. When mature sic 'i cant trees are located on designated scenic or open sp& areas, the owner of the property shall be exempt from t..> section. When mature significant trees are located on devel- oped property, whether remaining trees, relocated trees, or new trees planted to replace those removed, the owner of the property shall maintain the trees to preserve and protect their health in =accordance with the following measures: A. The maintenance of trees standing upon private property shall be the responsibility of.the owner(s) of those properties. B. Trees shall be pruned, treated and maintained in such a fashion that the trees will be free of various dam- age, pests, disease and dead branches. The trees shall be in good biological and aesthetic condition. �•.0 Where applicable, a bond or cash deposit as deter - mineca'by the director of community development shall be fur- nished by the developer for the management and protection of each existing, replanted or relocated tree(s). Said bond or cash deposit shall be refunded upon the successful comple- tion of a tree maintenance program .as required by the direc- tor of community development. (San Dimas 1/91) Z-190.4 .. 18.162.110 D. Any tree removal and/or replacement permit granted by the director of community development pursuant to Section 18.162.030 and the development plan review board pursuant to Section 18.162.050 shall include a condition requiring an objectively observable maintenance and care program to be initiated to insure the continued health and care of mature significant tree (.$)__.on.the.property.:__Such, program shall specify length of maintenance program, maintenance plan and method of inspection. Said tree maintenance program and plan is not required of the applicant when trees are to be relocated to an approved off-site location pursuant to the provisions of this chapter. (Ord. 913 91(Exh. A), 1990) 18.162.110 Protection of existing trees. Care shall be exercised by all individuals, developers and contractors working near mature significant trees to be preserved so that no'damage occurs to the trees. All construction shall preserve and protect the health of trees to remain in place, to be relocated, and new trees planted to replace those re- moved and any trees adjacent to the subject property in ac- cordance with the following measures: A. All trees to be saved shall be enclosed by an ap- propriate construction barrier, such as chain link fence or other means acceptable to the community development direc- tor, prior to the issuance of any grading or building or building permit and prior to commencement of work. Fences.... are to remain in place during all phases of construction and may not be removed without the written consent of the commu- nity development director, until construction is complete; B. Any tree which is adjacent to the subject property. and may be potentially impacted by persons or activity on the subject property shall be protected pursuant to the pro- visions of Section 18.162.110. It shall be the responsi- bility of the agent of the subject property to obtain the written permission from adjacent property owners prior to action for the protection of trees on adjacent property as required by Section 18.162.110; C. No substantial disruption or removal of the struc- tural or absorptive roots of any tree shall be performed; . D. No fill material shall be placed within the drip line of any tree; E. No construction, including structures and walls, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within the drip line of the tree as measured at ground level. Actual set- backs may vary to meet the needs of individual tree species as determined by an arborist or landscape architect. Where some root removal is necessary, the tree crown may require thinning -to prevent wind damage; and F. The director of community development may impose such additional measures determined -necessary to preserve and protect the health of trees to remain on site. (Ord. 913 Sl(Exh. A), 1990) Z-190.5 (San Dimas 1/91) 18.162.120--18.162.130 18.162.120 Appeals. Appeals shall be -in accordance with Chapter 18.212 of this title. (Ord. 913 gl(Exh. A), 1990) 18.162.130 Penalties. -Violation of any provision of this chapter, or of any provision of any permit issued pur- suant to this chapter shall be a misdemeanor punishable as follow: A. Fines shall be set forth in accordance with Section 1.12.010 of this code. Each tree removed in violation of this chapter shall constitute a separate offense. B. As set forth in Section 18.162.010, it is the in- tent of this chapter to preserve to the greatest extent pos- sible those trees which have contributed to the beauty of the city and the welfare of its residents. It is therefor the expressed intent of the city council that, to the extent legally permissible, upon conviction of any person pursuant to subsection (A) of this section, in lieu of incarceration., conditions of probation be placed upon such violator requir- ing the replacement of each tree removed in violation of this chapter with four trees of a similar species of not less than a twenty-four inch box size, or other replacement of equivalent value and size, whichever is greater. The number, size and location of the equivalent replacement tree shall be determined by the director of community develop- ment. For the purpose of this section, a suitable location may include an off-site location. C. Notwithstanding any other provision of..law, no.sle- velopment permit of any kind, including but not limited to, any'building permit or certificate.of occupancy, shall be issued for any lot on which one or more trees have been -re- moved in violation of the provisions of this chapter, or any permit issued pursuant to this chapter, unless and until the owner of such lot has replaced each such tree, to an on-site or off-site location pursuant to the provisions of this sec- tion, with four trees of a similar species of not less than twenty-four inch box size, or of equivalent value and size, whichever is greater, or provided security satisfactory to the director of community development that such trees will be planted at such time as determined by the director. (Ord. ' 913 §1(Exh. A), 1990) Chapter 18.164 HILLSIDE DEVELOPMENT Sections: 18.164.010 Applicability. 18.164.020 Intent. 18.164.030 Development plan --Review. (San Dimas 1/91) Z-190.6 ' ORDINANCE NO. 936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAWN ii b CALIFORNIA AMENDING THE CITY CODE BY ADDING SECTION 23.9-4 l AND SECTION 23.30 TO CHAPTER 23'OF THE CITY CODE AS IT PERTAINS TO REGULATING THE REMOVAL OF TREES FROM R-1 AND.0-1 USE ZONES. WHEREAS, mature trees are an aesthetic asset to the community as a whole; and WHEREAS, mature trees help in energy conservation; and WHEREAS, uncontrolled and indiscriminate destruction of trees would have a detrimental effect on the general public welfare by impacting the value and character of the community; and - WHEREAS, for the reasons stated herein, the City Council finds that it is in the interest of the City to adopt ordinance No. 936 implementing regulations for the removal of trees in the City. THE C --TY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA D07S HEREBY ORDAIN AS FOLLOWS: SECTION I. A new Section 23.9-4 is hereby added to, Chapter 23 of the City Code to read as follows: SEC. 23.9-4 PRESERVATION OF TREES: R-1 USE ZONES (a) DEFINITIONS (1) "Mature" trees means any variety of tree that is four inches (4") or more in diameter when measured at a point four feet six inches (4'6") above the natural grade. (2) "Damage" means any action taken which causes injury, disfigurement or death to a tree. This includes; but is not limited to, cutting; poiscning,. drilling, underwaterir_g or transplanting. (3) "Deadwood" means limbs, branches or a portion of a tree void of green leaves during a season of ts--- year when green leave should be present. (4) "Class 1 Tree"'refers to a tree, on a list adopted by the City Council containing tree species, requiring special protection due to aesthetic value, replacement difficulty and other similar factors. (5) "Front, rear and side yards" shall be as defined in Section 23.1 of Chapter 23 of the City Code. -1- e (6) "Removal" means the physical removal of a tree or actions leading to the death of a tree through poisoning, damaging or other action. (b) RESTRICTIONS ON TREE REMOVAL (1) It shall. be unlawful for any person to remove, transplant, or trim or prune more than twenty percent (20%) of the live foliage, any mature tree located in thefront-yard or_minimum_side yard in the _R-1 Use Zone without first obtaining a permit from the city. (2) It shall be unlawful for any person to remove, transplant, or trim or prune more than twenty percent (20%) of the live foliage, any mature Class 1 tree located anywhere on a parcel in the R-1 Use -Zone without first obtaining a permit from the city. (3) It shall be unlawful for any person to damage or cause to be damaged any mature tree in the front yard area, or -any Class 1 tree in the side or rear yard area of any parcel in the R-1 Use Zone. (4) It shall be unlawful for a person to trim or prune more than ten percent (10%) of the live foliage, an oak tree without first obtaining a permit from the city. (c) EXEMPTIONS (1) No permit is required for the removal or trimming or pruning of a tree damaged by.a storm, fire or other natural disaster and determined to be dangerous by the city manager, police officer, fire fighter, or code enforcement officer. (2) Trees that do not exceed four inches (4") in diameter when measured at a point four feet six inches (4' 611) above natural grade may be removed or transplanted without a permit. (3) Trees that must be removed by order of an_7 public agency having jurisdiction are exempted from the permit requirement. (4) Normal androutine trimming or pruning which does not result in damage or death to a tree, or does not result in the loss of more than twenty percent (20%) of the live foliage and limbs, is allowed without a permit. Removal of deadwood is allowed witho-i_t a permit. (d) PERMIT PROCESS (1) The city manager shall prepare an application for a tree removal permit, which shall contain all -2- information necessary for the city manager, or his designee, to determine whether the standards for issuance of a permit have been satisfied. (2) The city manager shall grant a permit only if he determines: (A) The tree constitutes a nuisance or hazard by virtue of its condition, location, species, proximity to existing structures, closeness to walkways, or interference with.utilities. (B) The pruning or trimming of the tree of more than twenty percent (20%) of its live foliage, is necessary to maintain or .enhance the health or appearance of the tree. (C) The relocation of the tree will not damage the tree or will not constitute a hazard or interference with other structures or property. (3) The city manager, at his sole discretion, and inconsideration of such factors as the size, location, type of tree, number of trees on the property, and the number and type of trees in the surrounding neighborhood, may require as a condition of a removal permit the replacement of the tree at the applicant's expense. The size, location and species of replacement tree(s) shall be determined by the city manager with consultation of the applicant. Nothing in this Section shall preclude the city manager from waiving conditions for tree replacement, or from requiring that tree replacement exceed a one -far -one basis. (e) PENALTIES (1) A violation of this Section shall be an infraction. Each and every tree removed in violation of this Section shall constitute a separate infraction.. (2) In addition to any penalties provided by subsection (1) above, anyone who damages or removes, or causes to damage or remove, any tree in violation of the terms of this Chapter, is responsible for proper restitution and may be required to replace the trees through the donation or replanting of two or more trees of reasonably comparable size and value. The nu<<ber, size and location of replacement trees shall be determined by the city manager or his designee. SECTION 2. A new section 23.20 is hereby added to Chapter 23 of the City Code to read as follows: -3- SEC. 23.20 PRESERVATION OF TREES: C-1 USE ZONES (a) No tree with a diameter in excess of four inches (4"), when measured from a point four feet six inches (416") above the tree's natural grade, shall be removed, or trimmed of more than twenty percent (200) of its foliage and/or live limbs, without having first obtained a.permit from the .city. (b) A violation of this Section shall be an infraction. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AICD ADOPTED this 9th day of December 1987. ROSEMARY F6 • SIMMONS , Mayor ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: STEVE L. DORSty,.City Attorney -4- CITY OF SAN MARINO CLASS 1 TREES PURSUANT TO ORDINANCE NO. 936 Quercus Agrifolia Quercus Ilex Quercus Robua Quercus Suber Quercus Engelmaii Quercus Falcata Quercus Alba Quercus Cedrus Atlantica Cedrus Deodara Chamaerops Humilis Erthea Armata Erythea Edulis Trachycarpus Fortunei Washingtonia Robusta Washir_gtonia Filifere Canary Island viscus i:ubigjoosa Koelreuteria Bipinnata Lagerstroemia Indica Liquidamber Stryaciflua Liriodendron Tulipifera Magnolia Grandiflora Olea Europaea Pordocarpus Gracilor Pordocarpus Macrophyllus Platanus Racemosa , California Live Oak Holley Oak English Oak Cork Oak Pasadena Oak Red Oak Southern White Oak Southern Live Oak - Virginia Oak Clauca Blue Atlas Cedar Deodar Cedar European Fan Palm Big Blue Hesper Palm Guadalupe Palm Windmill Palm Mexican Fan Palm California Fan Palm Phoenix Carariensis - Date Palm must x y Leaf Fiy Chinese Lantern Crape -myrtle Sweet Gum Tulip Tree Southern Magnolia Common Olive Fern Pine Yew Podo Carpus California Sycamore I 1 2 3 4 5 6 7�� B II yl 10 11 12 13 „ 14 v o 15 x e�< z 16 V yr ZOY°y 17 m > ( 0 4 O 18 o n � 19 20 21 22 23 24 25 26 27 2E 2� 3( 3 ORDINANCE NO. 763 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF -LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE LA VERNE MUNICIPAL CODE BY ADDING CHAPTER 18.78 "PRESERVATION, PROTECTION AND REMOVAL OF TREES" Section 1. Title 18 of the La Verne Municipal Code is HEREBY AMENDED by adding Chapter 18.78 to read as follows: Chapter 18.78 PRESERVATION, PROTECTION, AND REMOVAL OF TREES Section 18.78.010 Purpose. The purpose of this . Chapter is to protect certain trees in order to preserve cultural heritage, maintain and enhance the scenic beauty of the City, improve air quality, abate soil and slope erosion, preserve and enhance property values and thereby promote public health, safety, and welfare by: A. identifying significant and heritage trees and establishing procedures to encourage their conservation; B. including consideration of existing trees and their protection in the review and implementa- tion of development proposals; C requiring permits for the removal of signifi- cant and heritage trees except in emergencies; and D. requiring replacement plantings when signifi- cant and heritage trees are removed. Section 18.78.020 Definitions. As used in this Chapter: A. "Caliper" shall mean the maximum cross- sectional width of the trunk of a tree measured at four feet above the natural grade. In the case of multi -trunked trees, "caliper" shall mean the sum of the calipers of each individual trunk measured at four feet above grade. The. Fommunity Development Director or his desig- nated landscape architectural consultant may specify the manner in which such measurement shall be made. B. "Drip line" shall mean a series of points formed by the vertical dripping of water from the outermost branches and leaves of a tree. C. "Heritage tree" shall mean any tree or group of . trees identified as such by city council resolution upon the council finding tnat the tree or group of trees: 1. is of historical value because of its association with a place, building, natural feature, or event of local, it - 1 2 3 4 5 6 71 8I 9 10 I� 11 12 13 r o 14 °"z^a 15 OWi I changing the grade above the root system or concrete, 1 trunk, excessive pruning, paving with other impervious material in the II asphalt, or vicinity of the tree, or in a manner which may 2 reasonably be expected to kill a tree, or 31 excessive or inadequate irrigation. 4 Section 18.78.030 Removal of Significant and Prohibited. Except as � 5{ Heritage Trees Without Permit provided in Section 18.78.050 no person sr ll remove itage or cause the removal of any significant or her is first obtained. 6i tree unless a tree removal permit 7!1 Section 18.78.040 Exceptions to Permit Require- ment. No permit shall be required for: A, Emergency or routine trimming or pruning to overhead public utility g!I ! protect or maintain lines, existing subsurface water, sewer, or 10 utility lines. 11 H. Removal of damaged parts of a tree which has injured trunk, broken limbs, or 12 sustained an uprooting as a result of storm damage or other acts of God, which create a hazard to life or 13 property. r 14 C. When a written' determination has been made by or arborist, after „ the City landscape architect visual inspection and scientific evaluation, it. yaw 15 a�!" that the tree is so diseased or damaged that C K ] < X Z ' eY;�;g 16 is no longer viable or a threat to other pro- :nBm� tected, indigenous species. OW F2D�i 17 Section 18.78.050 Application and Fees. Prior to -a -permit, an, JNYgp� 18 the granting of tree removal shall be submitted to the Community �L; 19 tion for removal Development Department. The application shall be in Development the form required by the Corlmunity shall be accompanied by the fee 20 Department and established by the city council. 21 Section 18.78.060 Action on Application. Upon his designated 22 determination by the director or that a complete tree removal 23 representative application has been filed, and after an on site his designated inspection by the director or the director or his designated 24 representative, representative shall approve or deny the sDplica- five 9. nificant 25 tion. Provided, when more than (5) or relocated on a 26 trees are to be cut down, removed, of real property, the development single parcel and upon review committee shall determine whether 27 what conditions a perm shall be 28 Section 18.78.070 Time for Review. A permit in with a 29 application not filed connection development proposal shall be approved or denied is within forty-five days after the application the applicant agrees to an 30 deemed complete, unless A permit application made in connection 31 extension. with a precise plan of design, citional Osetenta- permit, variance, zone change, parcel- 32 ORD NO. 763 -3 11 2 3 II 4 5 6 7 �I 8 II 9i) 10 1 13 14 � Y N 0 Znu 15 1 maQ<xz my9 16 t F 0¢ V t u u) u 17 3 m j 0 O � N 0 0 ¢ 18 � ra M n > 19 20 21 22 23 24 25 26 27 2E Z 3( 3'. 3 tive tract map shall be considered concurrently with the other approvals. Section 18.78.080 Findings Required for Approval." Before granting a tree removal permit, the decision maker shall make one or more of the following find- ings in writing: A. That the tree is so damaged or diseased that it cannot be effectively preserved, or its - - - presence is a threat to other protected trees. B. That the applicant has demonstrated that the' retention of the tree would pose a threat to the health, safety, or welfare of the inhabi- tants of the property in question. C. That the applicant has demonstrated that rea- sonable and necessary access to the property cannot be obtained if the tree is preserved. D. That the applicant has demonstrated that reten- tion of tree prevents all reasonable use of the property on which it is located. E. That good forestry practices, as evidenced by the report of the City landscape architectual consultant or actions, justify the removal of the tree. Section 18.78.090 Approval - Conditions. Tree removal permits shall include such conditions as are appropriate to effect the purposes of this chapter. Those conditions may include, but are not limited to, the following: A. The replacement of the trees proposed for removal with trees of a suitable size, number, and species, as described in section 18.78.120. B. Implementation of a comprehensive protection program consisting of any combination of the following sufficient to satisfy the approving body: 1. A calculation of the number of trees to be protected and a list by species of the i replacement trees provided at least in the ratios set forth in Section 18.78.120. 2. A program to monitor and protect the ,tree stock from construction, irrigation damage, incorrect pruning; I3. A five-year minimum maintenance program j secured by a cash bond to the satisfaction of the finance officer; 4. Development of conditions, covenants, and restrictions, landscape easements, assessment districts, or other tools to protect significant ecological resources, significant and heritage trees; ORD NO. 763 —4 1 2 3 4 5 6� 7i 8I 9! 10 11 I 12 I 13 14 � y .uyz�a 15 o�i�ga �a=Z'oo 16 t 0 r J F oWmizu 17 3o 0 1-a 0 ';°ao� 18 m n 19 '20 21 22 .23 24 25 26 27 28 29 5. Standards and specifications for tree location, replacement, and new planting, providing for both cosmetic improvements and the development of stands or groves approximating natural conditions. 6. Tree protection measures as specified in this chapter. C. The retention of a qualified arborist to super- vise all pruning, relocation and trimming of significant or heritage trees. D. Protection of tree to be retained through the use of a redwood headerboard around the drip - line and with a natural organic mulch (walnut shells, bark, woodchips) fill inside the dripline.. Section 18.78.100 Denial for Lack of Information. The director may deny without further action any application for a removal permit if such apDlication does not contain the pertinent, City required information. However, the director may allow the applicant to amend the application in order to complete processing. Section 18.78.110 Tree Evaluation. As part of any development application, the Community Development Director may require that the applicant submit a tree report which shall include, as a minimum, data regarding genus and/or species, age, size (including canopy, caliper,.trunk, and height), relative health, and any preservation proposals for all protected trees on the site. Section 18.78.120 Replacement Required. -Unless the City determines that replacement is inapprooriate in view of the goals of this Chapter, sion-I ant and heritage trees removed shall be replaced with a species designated by the Community Development Director or his designee according to the following schedule: Caliper Width of Tree Number Replace Minimum Removed: Removed: With: Size: Ifi-11 and under 1 4 24" box 6-14" 1 4 36" box 15-29" 1 4 48" box 30" + 1 4 60" box Section 18.78.130 Tree Relocation. 1rhere a sig- nificant or heritage tree is to be relocated on- site, the owner or applicant shall submit a letter from a licensed professional describzne the reloca- tion method to be used for all trees slated for relocation, and shall provide the City with a five year survival guarantee. Should the tree(s) not survive the five (5) year period, replacement shall occur in accordance with Section 18.75.120. ORD NO. 763 -5- x".FS 30 31 32 5. Standards and specifications for tree location, replacement, and new planting, providing for both cosmetic improvements and the development of stands or groves approximating natural conditions. 6. Tree protection measures as specified in this chapter. C. The retention of a qualified arborist to super- vise all pruning, relocation and trimming of significant or heritage trees. D. Protection of tree to be retained through the use of a redwood headerboard around the drip - line and with a natural organic mulch (walnut shells, bark, woodchips) fill inside the dripline.. Section 18.78.100 Denial for Lack of Information. The director may deny without further action any application for a removal permit if such apDlication does not contain the pertinent, City required information. However, the director may allow the applicant to amend the application in order to complete processing. Section 18.78.110 Tree Evaluation. As part of any development application, the Community Development Director may require that the applicant submit a tree report which shall include, as a minimum, data regarding genus and/or species, age, size (including canopy, caliper,.trunk, and height), relative health, and any preservation proposals for all protected trees on the site. Section 18.78.120 Replacement Required. -Unless the City determines that replacement is inapprooriate in view of the goals of this Chapter, sion-I ant and heritage trees removed shall be replaced with a species designated by the Community Development Director or his designee according to the following schedule: Caliper Width of Tree Number Replace Minimum Removed: Removed: With: Size: Ifi-11 and under 1 4 24" box 6-14" 1 4 36" box 15-29" 1 4 48" box 30" + 1 4 60" box Section 18.78.130 Tree Relocation. 1rhere a sig- nificant or heritage tree is to be relocated on- site, the owner or applicant shall submit a letter from a licensed professional describzne the reloca- tion method to be used for all trees slated for relocation, and shall provide the City with a five year survival guarantee. Should the tree(s) not survive the five (5) year period, replacement shall occur in accordance with Section 18.75.120. ORD NO. 763 -5- x".FS 2� 3) 4' 5 8I 9i I 10� I1 I 12 I 13 �. 14 I 15 tl Y p t 16 b. O C V < 17 < G F m in 00 18 W n > M p 19 20 21 22 23 24 25 26 27 2E Z 31 3 3 Section 18.78.140 Required Protective Measures. The following protective measures are hereby established to further preserve trees protected by this chapter during development or redevelopment activity: A. No grading construction, or construction related activities shall occur within the dripline of a heritage tree or a significant tree as defined by this chapter, including but not limited to, storage of materials, g ade changes, or attachment of wires to or around tree trunks, stems, or limbs. B. No structure or impervious paving shall be located within the dripline or within a six (6) foot radius of the trunk perimeter, whichever is greater, of any heritage tree or significant tree. A tree with a caliper of 30 inches or more shall require additional space as deter- mined by the City landscape architectural consultant or parks director. C. Heritage trees and significant trees shall be shielded from damage during construction by chain link and steel stake fence enclosing the entire dripline area. Ali exposed roots shall be inside the fence or barrier, whichshall ed have a minimum height of four (4) feet from grade. In all cases where a fence or barrier is to be used around a protected tree,. the fence or barrier shall be installed prior to commencement of any development on the site and shall remain in place throughout the construction period. D. Branches that could be injured by vehicles or that interfere with construction shall be pruned to the satisfaction of the City land- scape architectural consultant or designee. Section 18.78.150 Application Contents. Pursuant to the provisions of Chapter 18.16 and this chapter the Community Development Director may, before accepting an application for a tree removal permit or development review as complete, may require the ifollowing: A ORD NO. 763 B A comprehensive survey of all trees subject to this chapter, including but rot limited it species, number, height, size, age, per, condition, historic significance, and loca- tion. Said plan shall include both tables and a site plan at a scale determined by the City landscape architectural consultant. Said plan shall further tabulate the number of trees to be removed and contain a written justification Ear removal: Any other items required by the Community Development Director or his designee appearing on the application checklist. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 „ 1411 C � c C) 3y� o z 15 16 iE °v°a 0W U 17 3 0 Z U o J}��aa I8 o 19 20 21 22 23 24 25 26 27 28 25 3( 3] T Section 18.78.160 Appeals. Any interested party may appeal any determination of the Community Development Director or his designee made under this chapter to the Planning Commission by filing a written notice of appeal with the Community Develop- ment Director within ten (10) days of the issuance of the notice of determination. Upon receipt of a timely appeal from a decision of the Community Development Director or his designee, the Community Development Department shall set a hearing on the matter before the Planning Commis- sion. Not less than five (5) days prior to the hearing date, notice of time, date, and place of hearing shall be mailed to the appellant, applicant, and to the property owners residing within 300 feet of property in question. After the hearing on an appeal, the commission may reverse, affirm, or modify the decision of the Community Development Director. Section 18.78.170 Penalties. Each and every violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment for not more than six months, or both. A person shall be guilty of a separate offense for each and every significant and heritage tree illegally damaged or removed. Section 2. Severability. If any provision, section, sentence, clause, or phrase of this ordinance, or the application of the same to any person or set of circum- stances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portion of this ordinance shall not be affected thereby. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. Section 3. Twelve (12) months after the effective date of adoption of this ordinance, the Community Development Department shall conduct a review of the standards and procedures set forth by this ordinance to determine their effectiveness and shall report to the City Council whether further revisions to the ordinance are appropriate. I Section 4. The Mayor shall sign and the city Clerk shall certify to the passage of this ordinance and shall cause it to be published and posted pursuant to the provi- sions of law in that regard, and this ordinance shall take effect 30 days after its final passage. APPROVED AND ADOPTED THIS 18th day of JULY, 1988. ATTEST: /s/ N. KATHLEEN HA -'IM City Clerk ORD NO. 763 ISCS0193A JON BLICKENST Mayor of the City of La Verne -7- OAK TREE ORDINANCE 937 -NS SECTION 5 CHAPTER 14 and OAK TREE PRESERVATION and PROTECTION GUIDELINES RESOLUTION NO. 87-93 QrrpI\fpn mm 1 5 1989 ORDINANCE NO. 937 -NS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS REGULATING THE CUTTING AND REMOVAL OF OAK TREES Part 1 Chapter 14 of Title 5 of the Thousand Oaks Municipal Code is hereby amended to read as follows: CHAPTER 14. OAK TREE PRESERVATION AND PROTECTION. Sec. 5-14.01. Purpose. The City lies in the Conejo Valley, the beauty of which is greatly enhanced by the presence of large numbers of majestic oak trees. At cne tiroe, the area was almost completely covered by an oak forest, however, development of the City has resulted in the removal of a great number of these trees. Further uncontrolled and indiscriminate destruction of oak trees would detrimentally affect the safety and welfare of the citizens of Thousand Oaks. This preservation program outlined in this chapter contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees. This chapter sets forth the policy of the City to require the preservation of all healthy oak trees unless reasonable and conforming use of the property justifies the removal, cutting, pruning and/or encroachment into the protected zone of an oak tree. Sec. 5-14.02. Definitions. (a) "Cutting" means the detaching or separating, from a protected tree, any limb, branch or root. Cutting shall include pruning. (b) "Damage" means any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a protected tree, or trenching, excavating or paving within the protected zone of a tree. (c) "Deadwood" means limbs, branches or a portion of a tree that contains no green leaves during a period of the year when they should be present. (d) "Dripline" shall mean the outermost edge of the tree's canopy. When depicted on a map, the dripline will appear as an.irregular shaped circle that follows the contour of the tree's branches as seen from overhead. 1 Crd.No.937-NS Oak Tree Ordinance No. 937 -NS (e) "Encroachment" means any intrusion or human activity into the protected zone of an oak tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of .structures or other improvements. (f) "Oak tree" shall mean any oak tree of the Genus Quercus including, but not limited to, Valley Oak (Quercus lobata), California Live Oak (Quercus agrifolia) and Scrub Oak (Quercus dumosa), regardless of size. (g) "Oak Tree Preservation and Protection Guidelines" or "Guidelines" means the policy established by the City Council and the administrative procedures and rules established by the Director of Planning and Community Development for implementing this chapter. (h) "Person" means any natural person, partnership, firm, corporation, governmental agency or other legal entity. (i) "Protected zone" shall mean a specifically defined area totally encompassing an oak 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 tree. Using the dripline as a point of reference, the protected zone shall commence at a point five feet (5') outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen feet (15') from the trunk of an oak tree. (See Figure 1.) (j) `Removal" means the physical removal -of a tree or causing the death of a tree through damaging, poisoning or other direct or indirect actio k) '//Routine maintenance" means actions needed for the continued good of an oak tree including, but not limited to, removal of deadwood, insect control spraying and. watering. Sec. 5-14.03. Oak tree preservation. Any person who owns, controls, has custody or possession of any real property within the City that is improved or has been approved for development, or which is part of or associated with the City apprri ed development of another piece of property, such as any parcel to be maintained as permanent open space or for recreational purposes, shall maintain all oak tree(s) located thereon in a state of good health pursuant to the Oak Tree Preservation and Protection Guidelines adopted by City Council resolution. Failure to do so will constitute a violation of this article. Sec. 5-14.04. Permit required: Exemptions. - (a) Permit required. No person shall cut, remove, encrcach into the protected zone, or relocate any oak tree on any public or private property within the City unless a valid oak tree permit has been issued by the City pursuant to the provisions of this chapter and the Oak Tree Preservation and Protection Guidelines. The status of limbs or trees as deadwood or dead trees must be confirmed by the City's Oak Tree Preservation Consultant. ora u„ Q�� — Oak Tree Ordinance No. 937 -NS (b) Exemptions. A permit is not required to cut or remove a tree(s) under the following circumstances: (1) Trees that. do not exceed two inches (2") in diameter when measured at a point four' and a half feet (4j') above the tree's natural grade. (2) Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by a peace officer, fireman, civil defense official or code enforcement officer in their official capacity. The Department of Planning and Community Development shall be promptly notified of the nature of the emergency and action taken. (3) When removal is determined necessary by fire department personnel actively engaged in fighting a fire. (4) Trees planted, grown and/or held for sale as part of a licensed nursery business. This exemption is limited to trees with main trunks under ten inches (1011) in diameter. (c) Use of explosives. All tree fellers, tree surgeons, or anyone using explosives within the City limits in connection with the cutting down or removal of any cak tree shall first apply to the City Manager for a permit to do so and shall furnish such bond or insurance as the City Manager shall deem necessary for the protection of the property owner or any other person from any possible damage as a result of such work. Sec. 5-14.05. Processirig ofpermits: -Standards for granting or denying permits. (a) Processing. The applicant shall furnish all necessary information as required by the Oak Tree Preservation and Protection Guidelines in a clear and accurate format to the Department of Planning and Community Development and pay the appropriate filing fee prescribed by City Council resolution. The Director of Planning and Community Development may approve, deny, or conditionally approve a request for removal of three or fewer oak trees on a single parcel. For requests involving three or fewer trees, the decision of the Director may be appealed to the. Planning Commission and the Commission's decision may be appecled to the City Council pursuant to the provisions of this code. Any request for removal of four or more oak trees on a single parcel shall be reviewed by the Planning Commission which shall make recommendations to the Council which shall approve or deny the permit. (b) Standards. An oak tree permit may be approved based upon one of the following findings by the decisionmaker: (1) The condition or location of the oak tree requires cutting to maintain or aid its health, balance or structure. (2) The condition of the tree(s) with respect to disease, Ganger of falling, proximity to existing structures, high pedestrian traffic areas suchas parking lots, pedestrian walkways or interference with utility services cannot be controlled or remedied through reasonable preservation an'for preventative procedures and practices. Oak Tree Ordinance No. 437 -NS (3) A permit may be approved when necessary to remove, relocate, cut or encroach into the protected zone of an cak tree to enable the reasonable and conforming use of the subject property which is otherwise prevented by the presence of the tree. Reasonable use of the property shall be determined in accordance with the Oak Tree Preservation and Protection Guidelines. Sec. 5-14.06. Conditions on removal. The conditions may be imposed on the permit at the discretion of the decisionmaker including, but not limited to, any of the following: (a) A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, limbs or encroachment into the protected zone of an oak tree; (b) The relocating of a tree on-site or off-site, or the .planting of a new tree off-site to offset the loss of a tree; (c) A condition requiring an objectively observable maintenance and care program be initiated to insure the continued health and care of oak' tree(s) on the property; (d) Payment of a fee or donation of a boxed tree to the City or -other pu3�lic agency to be used elsewhere in the community should a suitable relslace` nt location of the tree not be possible on-site or off-site. Sec. 5-14.07. Non1'iability of City. Nothing in this ordinance or within the Oak Tree Preservation and Protection Guidelines 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 employees. -he'person in possession of any public property or the owner of any private property shall have a duty to keep the oak trees upon the property and under their control in a safe, healthy condition. Except as provided in Section 5-14.04(b), any person who feels a tree located or. property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements or. -site or off-site shall have an obligation to secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm. Sec. 5-14.08. Enforcement. (a) Violation, penalty. Any person who cuts, damages, moves, or removes any oak tree within the City or encroaches into the drip line of an oak tree in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction, may be punished as set forth in Chapter 2 of Title 1 of this code. 4 Ord.No.937-NS (b) Violation, restitution. It has been determined that the oak trees within the City are valuable assets to the citizens of this community and to the citizens of the Conejo Valley and as a result of the loss or damage to any of these trees, the public should be recompensed. In addition to any penalties provided by subsection (a) above, any person who cuts, damages or removes .any tree in violation of the terms of this chapter is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting two or more oak trees of reasonable equivalent size and value to the tree damaged or removed. The number, size and location of said equivalent replacement oak tree shall be determined by the Director of Planning and Community Development. PASSED AND ADOPTED this 14th day of October; 86 Alex Fiore; Mayor City of Thousand Oaks, California /v /VCl�I�✓ Nangy A. itlor., City Ciera APP�OVED ASITO/FORM: . Mark G. Sellers, City Attorney APPROVED AS TO ADMINISTR,TION: Grant R. Brimhal,, -y Manager 8/2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF VENTURA CITY 0; THOUSAND OAKS } I, NANCY A. DILLON, City Clerk of the City of Thousand Oaks, DO HEREBY CERTIFY the: the foregoing is a full, true, and correct copy of Ordinance No. 9374S, that was introduced by said City Council at a regular meeting held July 22, 1985, and adopted by said City Council at a re-�alar meeting held October 14, 1986, by the following vote: AYES: Councilmec,bers Schillo, Laxdal, Schaefer, Horner and M'-yor Fiore NOES: None AS57-NT: None i further certify that said Ordinance 937-N15 was published as required by law in the NEWS CHRONICLE, a r.evispaper of general circulation pri ced and published in said City. IN'' WITNESS ;'HE?EO ha:-_ hereuntc set inti' hard and affixed e official seal of the City of Tnousand _:s, Califo nia. :;t�^Cv .. .:lit... .- - .,_ f'✓. Oak Tree Preservation and Protection Guidelines Resolution No. 87-93 Detailed Outline I. Purpose 11. Definitions III. Oak Tree Permit - Application Requirements 'A. Permit Required B. Application Form C. Justification Statement D. Site Plan Map E. Oak Tree Report 1. General 2. Specific Criteria 2.1 Physical Evaluation 2.2 Horticultural. Evaluation 3. Oak Tree Rating System 4. Tagging IV. Oak Tree Permit - Processing Procedures A. General B. Processing Requirements 1. Oak Tree Removals a. Administrative Processing b. Planning Commission and City Council Processing 2. Encroachments 3. Relocations C. Application Review D. Design Guidelines and Evaluation Criteria 1. Design Guidelines 2. Application Evaluation a. Evaluation Criteria b. Findings Required for Approval E. Fees. V. Standard Policies - Requirements and Procedures A. Oak Tree Protection Plan 1. Oak Tree Preservation Consultants 2. Forty-Eight (48) Hour Notice 3. On-Site Supervision 4. Pruning Operations 4.1 Ornamental or aesthetic Pruning 4.2 Removing Deadwood 4.3 Removing Livewood (a) Structural Interference (b) Structurally Unsafe Limbs and Branches 4.4 Unbalanced Trees 4.5 Fire Damaged Trees -4.6 Diseased Trees 4.7 Tree Removals 4.8 Root System 4.9 Tree Cavities 5. Setback Requirement 6. Use of Hand Tools 7. New Plants in Protected Zone 8. Letter of Certification 9. City Inspections B. Construction Phases - Requirements 1. Pre-Construction Phase 1.1 Pre-Construction Conference 1.2 Oak Tree Removals, Deadwooding, Pest Control, Feeding, Pruning 1.3 Tree Fencing Plan 2. Grading Operations Phase 2.1 On-Site Documentation - Required (a) Oak Tree Report/Modifications (b) Oak Tree Location Map (c) Oak Tree Fencing Plan (d) Oak Tree Permit/Modifications (e) Approved Construction Plans (f) Permit/Tract Conditions - Modifications (g) Oak Tree Inspection Card (h) Oak Tree Ordinance (i) Oak Tree Preservation Guidelines 2.2 Retaining Walls in Protected Zone 2.3 Protective Devices 2.4 Utility Trenching - Pathvrays Plan 2.5 Parking Lot Improvements 2.6 Cut and Fill Slopes 2 s. Construction phase . ^ ].l Ground Plane Improvements z'z Fine Grading Permits (Oak Tree Lots Only) u. Rat Construction Phase 4.1 Certification of Oak Tree Work 4.2 Oak Tree Information Packet. (a) Oak Tree Ordinance (bl Oak Tree Preservation Guidelines (c) Oak Trees - Care and Maintenance (d) Permit/Tract - Approved Conditions (*) Confirmation of Delivery C. oak Tree Planting and Replacement Program 1. Dead and/or Hazardous Trees 2. Healthy Oak Tree, 2.1 Commercial and Industrial Properties 2.2 Residential Properties 3. Relocation_ o. Replacement Trees - Types, Sizes 5. Replacement Trees - Locations V|. Enforcement Program . A. General Information B. Stop Work Orders C. Citations Attachments: A. Oak Tree Permit Application B. Site Plan Map C. Oak Tree Evaluation Form D. Oak Tree Evaluation Form E. Oak Tree Report Form F. Oak Tree Report Form G. Retaining Wall, Fences, etc.; Standard Details H. Oak Tree Inspection card |. Oak Trees - Care and Maintenance (Hot available at this time -expected / completion date July, 1987) a.oc1.1� 3 aesn. or -*a RESOLUTION NO. 87-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS RESCINDING RESOLUTION NO. 86-183 AND SETTING FORTH REVISED OAK TREE PRESERVATION AND PROTECTION GUIDELINES WHEREAS, it is the goal of the City of Thousand Oaks to preserve and protect oak trees in recognition of their historical, aesthetic, environmental and landmark value to the citizens of Thousand Oaks, present and future; and WHEREAS, Section 5-14.01 et seq, of the City of Thousand Oaks Municipal Code has been enacted to regulate the preservation and protection of oak trees; and WHEREAS, the Department cf Planning and Community Development is charged with administering a program for the preservation and protecticr. of oak trees; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Thousand Oaks that the following provisions, hereafter known as the "Cak. Tree Preservation and Protection Guidelines", (including Attachments (Samples) A-1 herewith, attached) will be adhered to in administering the "oak tree preservation and protection program" pursuant to Section 5-14.03 of the Thousand Oaks Municipal Code. OAK TREE PRESERVATION AND PROTECTION GUIDELINES PURPOSE The Tree Preservation Ordinance has been enacted to ensure protection of oak trees by requiring a permit for any work involving such trees as well as outlining provisions which will ensure the continued health of the remaining trees. The specific intent is to encourage responsible planning to insure that, through these Guidelines, every effort will be made to carry out the intent of the Ordinance. To do so, the City of Thousand Oaks will not allow the removal of or the encroachment into the Protected Zone of oak trees except in those cases where the applicant can justify said action in accordance with the guidelines contained in the ordinance and this resolution. The purpose of these Guidelines is to aid in the application and administration of the City's Oak Tree Preservation Program (Sec..5-14:01 et seq.). Toward this .end, these Guidelines explain the processing steps involved in obtaining an Oak Tree Permit, the information necessary to make application, standard conditions for Oak Tree Permits and the enforcement of the ordinance and this resolution. Reso. No.87-93 Oak Tree Preservation and Protection Guidelines II. DEFINITIONS For purposes of this resolution, unless otherwise apparent from the context, certain words and phrases used in this resolution are defined in this section. A. Certification Letter Certification Letter shall mean that the work that was performed was observed by an oak tree preservation consultant and that said work fully complies with the conditions of the development permit, the Oak Tree Report, the Oak Tree Permit or the Oak Tree Preservation Guidelines. B. City Oak Tree Preservation Consultant A contract employee retained by the City to review, evaluate and prepare reports and requests to prune, remove and/or relocate native oak trees. In performing his duties and responsibilities, the City's Oak Tree Consultant will conduct field inspections independently or in the company of City employees and/or other oak tree preservation consultants. C. Compensatory Pruning Compensatory Pruning shall mean that a certain amount of pruning is necessary to be performed to reinstate the proper root/leaf equilibrium. D. Cutting Cutting shall mean the detaching or separating from a protected tree, any limb, branch or root. Cutting shall include pruning. E. Dead Trees Dead Trees is a term that is applied to a tree that does not contain any live tissue; i.e,., green leaves or live limbs. Since - ---- Valley Oaks (Quercus lobata) are deciduous trees and are dormant in the winter, their status must be confirmed by the City's Oak Tree Consultant before being declared dead. -F. Deadwood Deadwood is a term referring to the status of limbs or branches that contain no green leaves or live limbs. G. Deadwooding Deadwooding shall mean that an oak tree was trimmed of all of its deadwood. H. Dripline The outermost edge of the trees canopy. When depicted on a map, the Dripline will appear as an irregular shaped circle that follows the contour of the trees branches as seen from overhead (See Figure 1). Oak Tree Preservation and Protection Guidelines Encroachment Encroachment shall mean an intrusion into the Protected Zone of an oak tree; i.e., pruning, grading, excavating, trenching for the purpose of accommodating buildings and structures (Refer to definition of Protected Zone in Section II.U). Ground plane improvements proposed within the Protected Zone of an.oak tree which are located outside the dripline of an oak tree are not classified as an encroachment. Therefore, ground plane improvements are processed in a normal manner requiring zone clearances and building permits. J. Fine Grading Permit Fine Grading Permit shall mean an entitlement authorizing certain work that must be conducted within the Protected Zone of an oak tree, and allows proper drainage to occur as required by the Thousand Oaks Municipal Code. K. Ground Plane Improvements Ground Plane Improvements shall mean improvements that do not require the removal of Five tissue or significantly disturb the soil within the Protected Zone of an oak tree (See Section V.B.3.1 for further details.) L. Oak Tree Oak Tree shall mean any oak.tree of the Genus Quercus including, but not limited to, Valley Oak (Quercus lobata), California Live Oak (Quercus agrifolia) and Scrub Oak (Quercus dumosa) regardless of size. The definition of Oak Tree shall include "protected tree". A1. Oak Tree Information Packet Oak Tree Information Packet shall mean a package containing certain documents which must be distributed to property owners whose lots contain oak trees. N. Oak Tree Permit Oak Tree Permit shall mean an entitlement issued by the Department of Planning and Community Development authorizing specific work to be performed within the Protected Zone of an Oak Tree. Specifically, an Oak Tree Permit is required for all activities conducted within the protected zone except for removing deadwood and removing live wood up to two (2") inches in diameter if such branches interfere with an existing structure. 0. Oak Tree Preservation Consultant An Oak Tree Preservation Consultant is a. qualified and registered consultant who has been retained by a land developer, business entity or a private citizen for the purpose 3 Reso. N o.87-93". Oak Tree Preservation and Protection Guidelines of evaluating oak trees, preparing reports 'and/or interfacing with the City's Oak Tree Preservation Consultant and other City staff personnel. To qualify for registration, the Oak Tree Preservation Consultant must apply to the"City of Thousand Oaks Department of Planning and Community Development Department submitting. a .resume oftheirqualifications, a summary of their work experience and/or copies of Oak Tree Reports or other samples of their work. The Director of Planning and Community Development will review these records and prepare and maintain a list of qualified and certified oak tree consultants which will be made available to the general public upon request. If a person seeks to become an Oak Tree Preservation Consultant, but does not in the opinion of the Director of Planning and. Community Development presently possess sufficient qualifications and experience, a temporary (180 day) certificate of registration may be issued. However, all consultant work performed pursuant to a temporary registration shall be closely supervised by the Director of Planning and Community Development or his appointed representative. P. Oak Tree Report Oak Tree Report shall mean a report prepared by an Oak Tree Preservation Consultant containing specific information on the location, condition, potential impacts of development, recommended actions and mitigation measures regarding one or more oak trees on an individual lot or project site. Q. Parcel Parcel shall mean any lot or parcel of record within the City of Thousand Oaks. For the purpose of determining the cumulative number of oak trees removed from a parcel or lot created by subdivision of a tract map or land division, the total number of removals within the larger tract or land division, (if oak trees were considered at the time of approval or March 5, 1970), will be used to determine whether three (3) or more oak trees have been removed. R. Person Person shall mean any natural person, partnership, firm corporation, governmental agency or other legal entity. Pre -Application Conference Pre -Application Conference shall mean a meeting between the developer and appropriate representatives for the purpose of discussing the requirements for submitting an application for an Oak Tree Permit. T. Pre -Construction Conference Pre -Construction Conference shall mean a meeting with the developer, contractors, superintendent, engineers, Oak Tree Preservation Consultants, and City representative to delineate Oak Tree Preservation and Protection Guidelines special procedures, limits of work, lines of authority and special conditions or procedures_ not specifically covered by ordinance. U. Protected Zone Protected Zone shall mean a specifically defined area totally encompassing an oak tree within which, work activities are strictly controlled. For purposes of this resolution, the Protected Zone shall be defined as follows: Using the Dr.ipline as a point of reference, the Protected Zone shall commence at a point five (5') feet outside of the dripline and extend inwards to the trunk of the tree. 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 (See Figure 1). In no case shall the Protected Zone be less than fifteen (151) feet from the trunk of an oak tree. V. Pruning Pruning shall mean any and all work performed upon the roots or the limbs of an oak tree. The City's policy on Pruning is located in Section V.A. 4.1 through 4.9 of this Resolution. W. Removal Removal shall mean the physical removal of a tree or the death of a tree through damaging, poisoning or other direct or indirect .action resulting in the death of a tree. X. Routine Maintenance Routine Maintenance shall mean actions taken for the continued health of an oak tree and includes but is not limited to: de2dwooding, insect spraying and watering. An Oak Tree Permit is not required to perform routine maintenance. III. OAK TREE PERMIT - APPLICATION REQUIREMENTS The materials required to complete an application are described below. The Department of Planning and Community Development may waive . the filing of one or more of the items listed when deemed unnecessary to process the application. However, additional information may be required when determined necessary for permit processing. The accuracy of all information, maps and lists submitted shall be the responsibili y of the applicant. A. Permit Required As stated in Section 5-14.04(b)(1) of the Thousand oak -s Municipal Code, all trees that exceed two (2") inches in diameter when measured at a point four and one-half (4)') feet above the trees natural grade are protected and must not be rer,.oved, relocated or encroached upon without first obtaining an Oak Tree Permit. 5 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines 13. Application Form Application shall be made on the standard application form supplied by the Department of Planning and Community Development and is included in this packet as Attachment "A". The signature of the proper y owner will be required in all cases. C. Justification Statement An application requirement, which may not be waived, is a written statement by the applicant or his oak tree preservation consultant stating the justification for planned actions involving oak trees. As required by the Ordinance, the decision will be based upon the evaluation of such requests stated in Section 5-14.04 and 5-14.05 of the Thousand Oaks Municipal Code. Statements should establish how the remaining oak trees in the vicinity of the project or construction site will be protected; that any construction or use will be done with approved preservation methods; and that one of the following findings can be made: 1. That due to the condition of the protected tree(s), certain actions are required to maintain the health, balance or structure; 2. That the condition of the tree(s) 'subject to this ordinance with respect to disease, danger of failing, proximity to existing or proposed buildings andlor structures, parking lots or interference with utility services cannot be controlled or remedied through redesign of the site elements, reasonable preservation procedures and practices; 3. That the retention or failure to allow some encroachment of the trees as described in the application prohibits the reasonable and conforming use of the property, (Refer to Section 5-14.05(b.)(3.) of the Thousand Oaks Municipal Code and Section IV.F. of this resolution for specific information. ) D. Site Plan Map The requirement for a site plan map may be waived in some situations involving cutting or removal of dead or hazardous oak trees. In those cases determined to require a site plan map, the following information should be included. (A sample Site Plan Map is included in Attachment "B".) . NOTE: Existing site plan may be used provided the information is both current and accurate. 1. Size: Maps should not exceed 30"x 42" in size. 6 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines 2. Scale: The scale should not be smaller than 1" = 40. NOTE: Map size and scale may be increased with prior approval. 3. Title Block: In one corner of the map, indicate the name, of the property owners, applicant, appropriate consultants, address(es) and phone number(s) of those involved in preparing the plans and application. 4. Physical Characteristics: The body of the map should accurately portray the following existing and proposed features: 4.1. property lines; 4.2. streets, access easements and/or public or private driveways and any other paved areas; 4.3. buildings or structures; 4.4. setbacks of all buildings and structures from property lines; 4.5. parking and other paved areas; 4.6.. land uses on parcel (existing and proposed as applicable); 4.7. proposed grading and construction - including utilities, if available. 5. Oak Tree Locations: All oak trees located on the property must be depicted on the site plan map. Additionally, the map shall indicate the exact location of an oak tree proposed to be encroached upon, removed and/or relocated, and those within one -hundred (100') feet of the project or construction area: Surveying the exact location(s) of the tree(s) both horizontally and vertically is very important and must be accomplished by obtaining the services of a professional engineer or a licensed land surveyor whose signature shall be affixed to the site plan or oak tree location map as appropriate. 6. Dripline(s) of the Tree(s): The exact location of the dripline of an oak tree is crucial in order to evaluate any impacts resulting from construction. Consequently, aerial photographs and rough approximations will not be acceptable. Therefore, the dripline must be plotted in the following manner: a. Obtain and record eight (8) compass readings at points equidistant ar and the circumference of the tree; b. Perform a measurement of the dripline in the field; C. Sketch in any variations as observed in the field. 7 RP�.n. hn_F7-q3 Oak Tree Preservation and Protection Guidelines In certain cases, it may possible to physically stake the surveyed corners of building(s) or related improvements in the field in order to assess the potential impacts upon the trees. The determination 'for this requirement will be made during the Pre -Application Conference. In anticipation of a field inspection, each tree shall be assigned a number on the .plan and physically tagged in -the field as described in Section III.E.3 of this resolution. , E. Oak Tree Report 1. General The determination on 'the •requirement for an Oak Tree Report will be made during the Pre -Application Conference and will be predicated on the scope of the project and the nature of its impact on the -surrounding trees. In general, the requirements for an`Oak Tree Report may be waived in situations involving the removal of dead or hazardous trees. In situations requiring the submission of an Oak Tree Report, the document shall be certified by the Oak Tree Preservation Consultant to be true and correct and must be acceptable to the Director of Planning and Community Development, Questions concerning the extent of the report's content or the acceptability of the report's preparer should. be -cleared with the Department staff in - - advance. In cases where there is an existing Oak Tree Report on a project that was not approved and/or constructed, the developer will be required to provide a supplementary report as opposed to preparing a new report. In addition to any design changes, the report will retain the original numbering system and include the current health of each oak tree on the project. 2. Oak Tree Report - Criteria The Oak Tree Report shall describe and evaluate the health and condition of the subject oak trees with respect to such factors as the existence of disease and danger of the tree falling. Additionally, each -tree shall be rated on a scale of A to E. (The rating system is described in Section E.3.) A Tree Evaluation `Form shall be completed for each affected tree showing the location, spread diameter (as measured three (3') feet above the average gr and level at the base of the tree) and species name of each oak tree subject to the Ordinance on the project site. (Sample Tree Evaluation Forms are included in Attachments "C" and "D".) Additionally, the r port shall discuss all grading, required limb removals, paving or trenching in and around the trees on the project and shall -evaluate, to th_e extent possible, the impact of such activity on the tree as well as any mitigating measures proposed, and the anticipated effectiveness thereof. Oak Tree Preservation and Protection Guidelines In addition, the Oak Tree Report shall contain the following information: 2.1. Physical Evaluation The physical evaluation of each tree includes, but is not limited to, the following: (a) Location of the tree - accomplished by a professional engineer or a licensed land surveyor; for individual lots, consultants may accurately. plot the actual tree location utilizing property line hubs; (b) Diameter of trunk at four and one-half (41') feet above the natural grade; (c) Diameter of canopy and accurate plotting of the protected zone and mean natural grade at base; (d) Height of tree; (e) Appearance rating on a "A -F" scale based on standard tree of same species ("A" would be a nearly symmetrical, healthy tree, "F" would be a dead tree); (f) Existing tree environment including type of terrain; (g) Physical structure - excessive horizontal branching unbalanced crown, broken branches,. etc.; and any mitigation measures necessary to correct any problems; (h) The minimum clearance from the present grade to the bottom of the canopy on each of the compass points. 2.2 Horticultural Evaluation Horticultural evaluation information required; including but not limited to: (a) Physical evidence of disease, exfoliation, leaf scorch, exudations; etc., (b) Identification of pests, twig girdler - borers, termites, pit scale, plant parasites; etc., (c) Evaluation of tree's, vigor -- new tip growth, good leaf color, poor leaf color, abnormal bark, deadwood, thinning of crown; and recommended mitigation measures necessary to correct any problems. 9 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines (A sample Oak Tree Report is included in Attachments "E" and "F".) 3. Oak Tree Rating System In rating oak trees -the following .system will be used to describe their condition. "A." Outstanding: A healthy and vigorous tree characteristic of its species and free of any visible signs of disease or pest infestation. "B." Above Average: A healthy and vigorous tree. However, there are minor visible signs of disease and pest infestation. "C" Average: Although healthy in overall appearance there is a normal amount of disease and/or pest infestation. "D." Below Average/Poor: This tree is characterized by exhibiting a greater degree of disease and/or pest infestation than normal and appears to be in a state of decline. This tree also exhibits extensive signs of dieback. "E." Dead: This tree exhibits no signs of life whatsoever. 4. Tagging In the process of preparing Oak Tree Reports, each tree is required to be numbered. In order to standardize the system so that.everyone may easily locate the tree number, the following procedure is hereby established: 4.1 A permanent tag, a minimum of one and one-quarter (1-1/4") inches to two (2") inches is to be used for this purpose. The tag must be made from a non -corrosive, all weather material and be permanently attached to the tree; 4.2 The tag will be affixed to the north side of the tree at a height of four and one-half (4-1/2') feet above the natural elevation; 4.3 Except for trees whose number was painted or sprayed, trees that were previously tagged need not be retagged; Oak Tree Preservation and Protection Guidelines 4.4 Trees whose numbers were painted or sprayed will need to be retagged using the new method described herein; IV. OAK TREE PERMIT - PROCESSING PROCEDURES A. General Any person desiring to remove, relocate, cut branches, or encroach into the protected zone of an oak tree must first obtain an Oak Tree Permit from the Department of Planning and Community Development or the City Council as provided in Section 5-14.04 of the Thousand Oaks Municipal Code. 1. Exceptions a. Deadwood Deadwood may be removed from an oak tree without obtaining an Oak Tree Permit. b. Live Tissue Live tissue not exceeding two (2") inches in diameter may be removed without obtaining a permit when such tissue interferes with an existing structure. 2. Prohibited Activities No Oak Tree Permit can be issued for any of the following activities. "Parking or storing of vehicles, trailers, equipment, construction materials or temporary structures AJthin the protected zone of an oak tree is strictly prohibited." B. Processing Requirements 1. Oak Tree Removals a. Administrative Processing and Review Requests for administrative processing. and review will be accepted for parcels of record only if one (1) or more of the following conditions exist. 1) The parcel of record is associated with a tract map which was approved prior to March 5, 7970, and does not involve a request to remove, more than three (3) oak trees. Further, that the request when coupled with prior removals, will not cause the new cumulative total to exceed three (3) oak trees. 2) The parcel of record is associated with a tract map or land division which was approved after March 5, 1970, and which has involved a 11 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines cumulative quantity of oak tree removals affecting two (2) or less oak trees. Further, that the new request when coupled with prior removals, will not cause the new cumulative total to exceed three (3) oak trees. 3) The parcel is not a part of an approved tract or other land division and does not involve a request to remove more than three (3) oak trees. 4) The Oak Tree Application involves a tree(s) that is confirmed to be dead or hazardous by the City's Oak Tree Consultant. b. Planning Commission and City Council Processing and Review In accordance with Section 5-14.05 of the Thousand Oaks Municipal Code, requests for removals involving cumulative, quantity of four (4) or more oak trees on a single -parcel of record must be reviewed by the Planning Commission which shall make a recommendation to the C until which shall approve or deny the permit. In administering the ordinance, Planning Commission and City Council will review, and approval will be required when one (1) or more of the following conditions exist. 1) The parcel of record is associated with a tract map which was approved prior to March 5, 1970, and involves a request to remove four (4) or more oak trees. 2) The parcel of record is associated with a tract map or land division which was approved after March 5, 1970, and which has involved a cumulative quantity of oak tree removals, exceeding three (3) or more oak trees since the date of recordation of the tract map, land division or parcel of record. 3) The parcel is not a part of an approved tract or other land division and involves a request to remove four (4) or more oak trees. 2. Encroachments Requests for encroachments up to twenty (20%) percent of the dripline of an oak tree can be processed and reviewed at the administrative level notwithstanding prior conditions requiring Planning Commission review and approval. In cases where requests for encroachments are denied at the administrative level, the applicant shall have the right of appeal to the Planning Commission and the City Council. Requests for encroachments beyond twenty (20%) percent of the dripline, shall be processed as a Major Modification application to be decided by the Planning Commission with 12 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines appeals to the City Council. However, because of the sensitive nature of oak trees in our community, requests for encroachments exceeding twenty (20%) percent of the dripline shall receive critical review and are not to be encouraged. 3. Relocations Requests for relocations can be processed administratively only when the diameter of the tree does not exceed six (0) inches in diameter when measured at a point four and one-half (41') feet above the natural grade of the tree. Requests for relocation of trees with larger diameters must be processed and reviewed by the Planning Commission and the City Council. C. Application Review Upon receipt of an application for an Oak Tree Permit, the Department of Planning and Community Development shall review the application for accuracy and completeness and make an inspection on the project site. If the application is incomplete, it will be returned to the applicant and no action will be taken until all of the required information has been received by the `City (Refer to Attachment "A"). In those situations requiring expert review, the application will be reviewed by staff and the City's Oak Tree Preservation Consultant. Those situations requiring detailed review include, but are not limited to; projects involving significant numbers of protected trees; projects involving development activities in the immediate vicinity of protected trees; and/or projects where physical protective measures may be required for the continued health of the remaining trees. Upon completion of the application review and on-site inspections, the City's Oak Tree. Preservation Consultant shall submit a written report to the Department of Planning and Community Development outlining the findings and recommendations. Normally, this will occur within approximately fifteen (15) working days of receipt of the application materials from the City. D. Design Guidelines and Evaluation Criteria 1, Desiqn Guidelines Section 5-14.01 of the Thousand Oaks Municipal Code states that "the policy of the City of Thousand Oaks is to require the preservation of all healthy oak trees unless reasonable and conforming use of the property justifies the removal, cutting, pruning and/or encroachment into the protected zone of an oak tree." Therefore, property owners and architects must design a project that meets the intent of this policy in addition to complying with the design standards of the specific zone wherein the property is located. 13 . Reso. No.87-93 Oak Tree Preservation and Protection Guidelines To the extent possible given the constraints of the property, the project must be designed to: a. retain all of the existing healthy oak trees or, reduce to an absolute minimum the number of healthy oak trees that would be proposed for removal; eliminate or reduce to an absolute minimum the number of oak trees where encroachment would be proposed in order to accommodate new construction; C. reduce to an absolute minimum the amount or percentage of encroachment that would be proposed on any oak tree to accommodate new construction; d. avoid locating parking facilities and pedestrian walkways in close proximity to hazardous oak trees for safety reasons, unless, it can be demonstrated that major surgery coupled with a nutrient feeding program will restore the tree to a safe and vigorous condition, or the trees are located in minimal access areas such as arroyos, barrancas, steep slopes or similar areas. 2. Application Evaluation a. Evaluation Criteria In reviewing requests of this nature, the Department of Planning and Community Development will take into consideration the projects adherence to the design guidelines set forth in Section IV.F.1. of this resolution, the design standards of the specific zone wherein the subject property is located and evaluate them in conjunction with the following factors: (1) The proposed building(s) gross. floor area in relation to the "useable" size of the site and; the amount useable space on the parcel which does not require the removal of any trees; (2) Design features in comparison with other (existing or approved) building developments in the same vicinity and zone which have or had oak trees -on the parcel; (3) Factors that are unique to the proposed property such as topographic constraints, lot configuration and other physical limitations. (4) The overall health and structural condition of the potentially impacted tree; (5) Whether or not the degree of encroachment is likely to result in the subsequent decline of the affected tree or create a future risk to public safety or pose a hazard to adjacent structures. 7" P.— nln R7 -0'A Oak Tree Preservation and Protection Guidelines NOTE: ENCROACHMENTS: Applications for Oak Tree Permits to allow encroachments within the dripline, may be requested to accommodate new construction such as new buildings, building additions, patio covers, wood decks, swimming pools, spas, fences, walkways, gazebos and other similar improvements. , Encroachments within the dripline of an oak tree which do not exceed twenty (20%) percent of the dripline including minor removal of live tissue, would qualify for administrative processing. Encroachments of any kind within the dripline of an oak tree which exceed twenty (20%) percent of the dripline, will require Planning Commission review. However, in cases requiring Planning Commission review involving encroachments associated with removal of live tissue (root or limb removals) which exceed twenty (20%) percent of the dripline, evaluations will be conducted in a manner similar to that for complete oak tree removals. b. Findings Required for Approval After reviewing and evaluating the application the request may be approved when one of the following findings can be made: (i) The condition and the general health of the oak tree with respect to the perceived danger of failing over or dropping limbs and its proximity to; existing structures, high pedestrian areas such as roadways, pedestrian walkways, parking lots or interference with public utility lines cannot be controlled or remedied through reasonable preservation and/or preventive measures. (2) The approval of this request will not be contrary to or in conflict with the general purpose and intent of the Oak Tree Ordinance. (3) The applicant has demonstrated that reasonable and conforming use of the property cannot be made unless removal of an oak tree or an encroachment into its protected zone is allowed by the City. (4) The diameter of the oak tree requested for removal and relocation ranges from two (2") inches to six (69 inches in diameter when .measured at a point forty-two (42") inches above the trees natural grade and that said tree will be relocated on the proposed project site. 15 Re=_o. ho.87-93 Oak Tree Preservation and Protection Guidelines E. Fees 1. Filing Fee A non-refundable filing fee of fifty dollars ($50.00) will be charged for processing applications on all new and existing construction in residential; commercial and industrial zones. 2. Evaluation Fee Whether new or existing construction, an evaluation fee will be charged to the applicant if Staff determines that the services of the City's Oak Tree Consultant are required to review and inspect Oak Tree Reports and Oak Tree Permit applications. The evaluation fee will be based on real-time billing (half -h ur increments) at the prevailing h urly rate charged to the City by the Oak Tree Consultant. V. STANDARD POLICIES - REQUIREMENTS AND PROCEDURES Because of the high sensitivity of oak trees and the City's policy regarding their protection, great care must be exercised when work is being conducted upon the oaks. or beneath the dripline. For these reasons, many requirements and procedures have been established for their protection. Therefore, the purpose of this section is to define the procedures and detail the instructions regarding what the City expects from owners of real property. A. - Oak Tree Protection Plan The material contained within this section is presented in a sequential format. For example paragraph A.2 addresses the need for a forty-eight (48) hour notice, followed by paragraph A.3, regarding on-site supervision. This paragraph is followed by the policies addressing various aspects of pruning and removing trees to final City inspections. The material is presented in this manner to aid the reader to understand the steps that are necessary to avoid problems in performing the work in accordance with these guidelines. 1. Oak Tree Preservation Consultants Generally, the services of an Oak Tree Preservation Consultant is made necessary by conditions of various permits issued by the City of Thousand Oaks. The importance of the consultant to the developer/property owner is clear from the various requirements listed in this resolution. From the City's perspective it is both necessary and critical that the developer Iproperty owner identify the consultant of record and allow them the latitude to perform their duties in a manner whereby they will be able to certify work as required by this resolution. Consequently, the developer/land owner must not fail to provide their consultant(s) with a forth -eight (48) h ur advance notice before commencing any authorized work within the protected zone of oak trees. Moreover, it is mandatory that the 16 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines developer/land owner notify the Department of Planning and Community Development in writing within five (5) days of terminations and changes in their oak tree preservation consultant(s) of record. 2. Forty -Eight (48) Hour Notice The property owner or his designated representative is required to provide written notice to the Department of Planning and Community Development and his oak tree preservation consultant forty-eight (48) hours before beginning any work within the protected zone of an oak tree. Written notice shall not absolve nor preclude the property owner from the requirement for on-site observation by the property owners oak tree consultant. On -Site All work conducted within the protected zone of the oak tree will be performed in the presence of the applicant's oak tree preservation consultant. 4. Pruning Operations 4.1 Ornamental or Aesthetic Pruning Although the pruning of any tree is not an exact science and that two (2) arborists may differ on a particular approach, the City has established a specific policy regarding this important issue. POLICY IT IS THE POLICY OF THE CITY OF THOUSAND OAKS NOT TO ALLOW THE REMOVAL OF LIVE TISSUE FOR THE PURPOSE OF IMPROVING OR ALTERING THE APPEARANCE OF AN OAK TREE.. THEREFORE, ORNAME14TAL PRUNING, AESTHETIC PRUNING, THINNING OUT, HEADING UP, OR ANY OTHER SIMILAR PRUNING WHICH INVOLVES THE REMOVAL OF LIVE TISSUE IS NOT PERMITTED. NOTE: There are circumstances under which live tissue may be removed and they are discussed in Sections 4.2 and 4.3. 4.2 Removinq Deadwood As the term implies, deadwooding is the process of removing all dead tissue from an oak tree. Generally speaking, the cut should be made at the point where the deadwood begins. However, if removing only the dead tissue will result in leaving a stub, live tissue may be removed. However, since the goal of the trimming operation is to reduce the size of the wound and limit the amount of live tissue to be removed, the cut may be made no further back than the crotch of the next largest branch, limb or trunk to which the deadwood is attached. Exceptions to this policy must 17 Reso. No.87-93 ;Oak "Tree Preservation and Protection Guidelines be discussed and approved by the Department of Planning and Community Development prior to beginning such work. 4.3 Removing Live Wood Generally speaking, -the removal of live tissue must be approved by the Department of Planning and Community Development through an Oak Tree Permit application. Exceptions to this policy are as follows: (a) Structural Interference Live branches that do not exceed two (211) inches in diameter, "may :be removed without obtaining an oak tree permit only, if they interfere with an existing structure. However, in cases where a new structure is being proposed, no branch, regardless of size can be removed without obtaining an Oak Tree Permit. In these situations, the request to remove live tissue will- be illbe considered in "conjunction with the overall review of the project by the Department of Planning and Community Development. Exceptions to this policy apply in cases where clearances are :required because of overhead __....-_public utilities and public rights-of-way such as ~ streets and sidewalks. (b) Structurally Unsafe Limbs and Branches Live limbs or :branches that do not exceed three (3") inches in diameter and are considered to be unsafe because :of decay, rot, cavities, cracked or splitting can be removed with cut obtaining an Oak 'Tree Permit. However, the decision to remove such limbs must be made by the developers oak tree consultant. Larger limbs will require a brief report from the developers oak tree consultant detailing the conditions that exist and any remedial work recommended to correct the situation. 4.4 Unbalanced Trees Trees that are suspected of being unbalanced because of broken limbs or which may become unbalanced as a result of the deadwooding process will require an Oak Tree Report and an 0ak Tree Permit before any work can be performed. The report should contain an analysis of the problem and a recommendation for whatever remedial work may be necessary to correct the situation. 4.5 Fire Damaqed Trees Although fire is considered a serious threat to oak is Re -:n_ Rtn_R7-Q3 Oak Tree Preservation and Protection Guidelines trees, many trees can survive several damaging fires and live one -hundred (100) to two -hundred (200) years or more. During this time they can continue to provide wildlife enhancement, watershed protection, recreation and aesthetic value to the community. Some trees may begin to exhibit visible signs of rejuvenation within a few weeks of a fire. In its publication "Five Southern California Oaks: Identification and Postfire Management: the USCDA General Technical Report (PSW-71) states that "it is desireable to postpone the cutting of heavily charred Coast Live Oak Trees for at least two (2) to three (3) years on the chance that most trees will recuperate. Since there are many factors that will determine the survival of fire damaged trees, a careful assessment of each individual tree must be undertaken before deciding on a specific course of action. Pnl ►cv THEREFORE, IT SHALL BE THE POLICY OF THE CITY OF THOUSAND OAKS TO REQUIRE A COMPLETE OAK TREE REPORT ON ANY AND ALL OAK TREES THAT HAVE BEEN FIRE -DAMAGED BEFORE ANY WORK CAN BE PERMITTED. THIS POLICY ALSO APPLIES TO DEADWOODING. In preparing this report, oak tree consultants may assess the extent of _. the damage using visual, chemical or electrical techniques as necessary. Recommendations to remove a tree or to perform remedial work may follow the general guidelines contained in the following publications. a. U.S. Department of Agriculture, General Technical Report, PSW-71. b. Response of Oaks to Fire; prepared by Tim R. Plumb and presented at the Symposium on Ecology, Management and Utilization of California Oaks, June 26-28, 1979. 4.6 Diseased Trees/Pests and Insects Generally speaking, our native oak trees are a hardy species. However, there are a variety of diseases and pests that can severally affect trees that are in a state of general decline. Since the entire subject of diseases, pests and insects is a highly technical matter, no diseased tissue may be removed, unless it is unsafe, (Section IV. A.4.3.b)without submitting an Oak Tree Report and obtaininq an Oak Tree Permit. 4.7 Tree Removals Unless otherwise approved, authorized removal of oak trees shall be accomplished using the following guidelines: (1) All portions of the tree shall be completely 19 Peso. No.87-93 Oak Tree Preservation and Protection Guidelines removed from the site and debris relocated to a recognized County Refuse Disposal site. Additionally, the stump must be completely removed and the hole or indentation filled with soil; (2)- All tree wells that were originally created to preserve the tree shall be completely filled with soil to the satisfaction of the Departments of Public Works and Building and Safety; 4.8 Root System Where structural footings are required and roots will be impacted, the footings shall be bridged and. the roots protected. Cover all such roots with a layer of plastic cloth and two (211) inches to four (4") inches of styrofoam matting prior to pouring the footing. (Standard details are shown in Exhibits " G-1", "G-2" and "G-39. The developers oak tree preservation consultant will make recommendations to the City for compensatory pruning of the canopy and/or fertilization to reinstate the proper root/leaf equilibrium as needed. 4.9 Tree Cavities The consultant may make recommendations requiring that certain cavities be cleared out to remove all decayed wood, provide for proper drainage and allow for new growth. In making this recommendation, consideration should be given to the trees' location in relation to habitable structures. Concrete or similar material shall not be used to seal or fill cavities. Screening 'may be applied over remaining cavities to prevent animal hab Ration in the trees recommended for this treatment. 5. Setback Requirements A minimum setback of fifteen (15') feet from the trunk of an oak tree shall be maintained at all times. Thus, no encroachments shall be permitted to occur any closer than fifteen (15') feet away from the trunk of a tree. Exceptions may be allowed in cases where public safety are involved, however, each case' will be examined and evaluated on an individual basis. 6. Use of Hand Tools Unless otherwise approved, all work conducted in the ground within the protected zone will be accomplished using hand tools only. 20 Reso. ho.87-93 Oak Tree Preservation and Protection Guidelines 7. New Plants in Protected Zone Although it is best not to allow any plants within the protected zone only drought tolerant plantings will be permitted. However, if such plants are installed; no spray type irrigation systems are allowed. 8. Letters of Certification Certification letters are required for all work conducted upon oak trees. In this regard, the developer's oak tree preservation consultant will be required to submit a certification letter to the Department of Planning and Community Development within five (5) working days of such work attesting that all of the work was conducted in accordance with the appropriate permits and the requirements of this resolution. 9. City Inspection All tree cuttings are to remain on the ground until an inspection has been conducted by the Department of Planning and Community Development. Therefore, upon completion of the work,.the property owner, oak tree preservation consultant, or tree service will call the Department of Planning and Community Development and request an inspection of the site. All work shall be conducted in accordance with applicable ordinances and procedures detailed in this Resolution. B. Construction Phases - Requirements The information contained in this section is divided into the four phases normally associated with new construction. Apart from the normal activities conducted during each phase, there are certain conditions associated with work around oak trees that are required to be completed during these phases. This section addresses these conditions and, unless waived by a Staff Planner, are expected to be completed for all residential, commercial and industrial projects. Pre -Construction Phase This period is defined as the time between the approval of a development 'permit and the issuance of a stage grading or final grading permit. No work of any kind may occur on an approved project unless a stage grading permit, grading permit and oak tree permit (if required) has been obtained from the City of Thousand Oaks. Generally speaking, the following activities will occur before the commencement of grading operations. 11 1,1 Pre -Construction Conference During the conduct of this meeting representatives from the Departments of Planning and Community 21 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines Development and Public Works will address various issues relating .to oak trees on the project site. These issues include, but may not be limited to, the following matters: 1.2 Oak Tree Removals, Deadwoodinq, Pruning, Retaining Walls, Pest Control, Fertilization, Cabling, Drainage and Aereation Devices, etc. Unless otherwise approved, the developer is required to complete all of the work as approved by the Oak Tree Permit7or the entire project before grading operations begin. 1.3 The Fencing Plan The fencing of the oak trees may not occur until all of the trees have been deadwooded or pruned as approved by the Department of Planning and Community Development. Additionally, all of the remaining oak trees must be fenced before grading operations can begin. The developer or his representative will have a copy of the Fencing Plan at the Pre -Construction Meeting. Using the approved. grading plan or the Site Plan Map the Fencing Plan should be designed along the following guidelines: (a) A minimum five (5') foot high new chain link fence will be required to be installed at the ~ outermost edge of the protected zone of each oak tree or groups of trees. Exceptions to this policy may occur in cases where oak trees are located on slopes that will not be graded. However, approval must be obtained from the Department of Planning and Community Development to omit fences in any area of the project. The fences must be installed in accordance with the approved fencing plan prior to the commencement of any grading operations. The developer's superintendent will be responsible to call the Department of Planning and Community Development for an inspection of the fencing prior to grading operations. (b) Additionally,. signs must be installed on the fence in four locations (equidistant) around each tree. The size of each sign must be a minimum of two (2') feet by two (21) feet square and must contain the following language. WARNING THIS FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Oak Tree Preservation and Protection Guidelines On fencing around a grove of oak trees, signs shall be placed at approximately fifty (50') foot intervals. (c) Once approval has been obtained, the fences must remain in place throughout the entire construction period and may not be removed without obtaining written authorization from the Department of Planning and ommunity Development. 2. Grading, Operations Phase This period is defined as the time between the commencement of grading operations and the commencement of construction of the building improvements. It is understood that the construction phase may begin while grading operations are continuing and that grading may begin on a subsequent phase while construction is still in progress on a previous phase. In addition to the normal grading operations conducted during this phase, the developer will be. required to. complete or satisfy the following tasks. 2.1 On -Site Documentation The following information must be located and permanently retained in the construction trailer at the start of grading operations. The superintendent will be required to call the Department of Planning and Community Development to request an inspection and verify that the information is located on site. (a) Oak Tree Report and all future modifications. (b) Oak Tree 'Location Map. (c) Oak Tree Fencing Plan. (d) Oak Tree Permit and all present and future modifications. (e) Approved Construction Plans: Stamped set approved by the Departrent of Planning and Community Development. (f) Permit and Tract Conditions: A copy of the approved permit and Tract conditions, and all current and future modifications approved by the Department of Planning and Community Development. (g) Oak Tree Inspection Card. (h) Oak Tree Ordinance. 23 Reso. ho.87-93 -Oak Tree -Preservation and 'Protection Guidelines (i) Oak Tree Preservation Guidelines. (j) Approved Planting and Irrigation 'Drawings. 2.2 Retaininq Walls Within the Protected Zone In cases where an Oak Tree Permit has been approved for the construction of retaining walls within the protected zone of the oak tree, the developer will be required to complete these improvements before completion of grading operations and before commencement of the -construction phase. (Refer to Attachments "G-1", "G-2" and "G-3" for standard details. ) 2.3 Oak Tree Preservation Devices If -required by the Oak Tree Report and the Oak Tree Permit, -preservation devices such as air ventilation systems, oak tree .wells, drains, special paving and cabling systems will be required to be installed before the completion of the grading phase and the commencement of the construction phase. These devices must be installed ,per approved plans and certified by the developer's oak tree preservation consultant. 2.4 Utility Trenching -Pathway Plan In order to avoid unnecessary damage to the root system, prior to the completion of the grading operations and before the commencement of the construction phase, the developer will be required to submit a Utility Trenching -Pathway -Plan to the Departments of Planning and Community Development and Public -Works for review and approval. The plan will depict all of the following systems: Storm drains, sewers, easements, -area drains, gas lines, electrical service, Cable TV, and water mains. Additionally, the plan must show all lateral lines serving the residences. To be completely effective, the plan must include the surveyed locations of all Oak Trees on the project as well as an accurate plotting of the protected zone to within one foot. The plan should be -developed considering the following general guidelines: -(a) The plan must be developed to avoid going into the protected -zone of any oak tree on its path from the street to the building. (b) Where it is not :possible to avoid some encroachment, the design must minimize the extent of such encroachment. These encroachments and mitigation measures must be addressed in a supplemental Oak Tree Report. 24 Reso. No.87-93 Oak Tree Preservation and Protection, Guidelines 2.5 Parking Lots and Pedestrian Walkway Improvements Since the City's policy is to preserve all healthy oak trees unless reasonable and conforming use of the property justifies the removal, cutting or relocation of an oak tree, architects should design their projects with this requirement in mind. Therefore,' for public safety reasons, parking lots and pedestrian walkway's must be designed so that no unhealthy oak trees are proposed to remain in high vehicular and pedestrian areas. Trees whose ratings are confirmed to be a "D" or less should be proposed for removal unless it is felt that major surgery coupled with a nutrient feeding program will restore the tree to a safe and vigorous condition. To the extent possible, parking spaces should not be located directly under the canopy of oak trees. When this is not possible, pervious paving material will be employed to the satisfaction of the Directors of Public Works and Planning and Community Development. The developer's licensed engineer will be required to certify that such work was accomplished under his personal supervision and in accordance with the approved plans. 2.6 Cut and Fill Slopes In general, every effort should be made to avoid cut and/or fill slopes within the protected zone of any oak tree. Where fill slopes are proposed, the Oak Tree Report must include a Soils Report indicating whether or not it will be necessary to cut and re -compact the area prior to moving the fill material into position. 3. Construction Phase This period is defined as the time during vrhich building improvements are under construction. 3.1 Ground Plane Improvements Ground Plane Improvements (Refer to Section II.K.) that are proposed within the Protected Zone of an oak tree and which are located outside of the dripline, are not classified as encroachments and are not subject to review and approval of an Oak Tree Permit. The following improvements may be permitted to be installed within the protected zone of an oak tree subject to the approval of an Oak Tree Permit issued by the Department of Planning and Community Development and the limitations and guidelines contained in this section: Patio covers, rood decks, garden walls, fences, gazebos, driveways, walkways, above ground spas and related equipment and other 25 Reso. ho.87-93 Oak Tree Preservation and Protection Guidelines similar improvements. The guidelines and limitations are as follows: '(a) An Oak Tree Permit will need to be submitted and approved by the Department of Planning and Community Development; (b) When approved, trenching under the dripline of an oak tree may only be conducted with hand tools; (c) All of the work must be conducted in the presence of an oak tree preservation consultant; (d) Minor roots under one inch in diameter may be cut but must be treated with a fungicidelsealant compound before the improvement is installed; (e) Major roots over one inch in diameter may not be cut. Depending upon the type of improvement being proposed, bridging techniques or a new site may need to be employed to protect the root and the tree. 3.2 Fine Grading Permit (Oak Tree Lots Only) On most tracts, the drainage patterns for the lots have been designed into -the original grading plan. However, this is not the case as in custom lots and custom lot tracts. Therefore, in an effort to avoid establishing drainage patterns that intrude into the protected zone of oak trees, the following procedures have -been established. (a) Custom Lots and Custom Lot Tracts A Fine Grading Permit will need to be obtained from the Department of Public Works before any fine grading work may begin. The Landscape Architect or engineer, shall design a pattern that will completely avoid the protected zone utilizing surface and/or subsurface drainage devices. Additionally, the oak tree consultant wili be required to submit a supplemental Oak Tree Report to the Department of Planning and Community Development for review and approval prior to fine -grading the lot. Following approval of the plan and the completion of the work, the oak tree preservation consultant will submit a letter of certification to the Department of Planning and Community Development. Oak Tree Preservation and Protection Guidelines (b) Other Lots and Projects On all other projects, grading plans will be designed at the outset with a view towards avoiding the protected zone of the oak trees. The procedure for these lots will then proceed as described in custom lots. 4. Post Construction Phase This period is defined as the time following the completion of all building improvements. In residential zones, the Construction Phase and the Post Construction Phase will overlap as houses are completed and new houses are still being constructed. For purposes of this section, certain conditions will be required to be completed before a zoning clearance (leading to a certificate of occupancy) can be issued by the Department of Planning and .Community Development. 4.1 Certification of Oak Tree Work On all lots containing oak trees, the inspector from the Department of Planning and Community Development will require that all of the oak tree work required by the conditions of the development permit, the Oak Tree Report and the Oak Tree Permit, as applicable, have .... _.._been completed and certified by the developer's oak tree preservation consultant prior to issuing a zoning clearance for release of occupancy. 4.2 Oak Tree Information Packet In cooperation with the sales agent, the developer will be required to provide and certify that an Oak Tree Information Packet has been provided to the buyer of. the property and the Homeowners' Association. The information to be included in this packet is as follows: (a) Oak Trees - Care and Maintenance; (b) Oak Tree Ordinance; (c) Oak Tree Preservation Guidelines; (d) Development Permit: Copy of the City -approved conditions of the permit; (e) Certification of receipt.of the Oak Tree Information Packet will be accomplished as follows: Developer/Sales. Agent will prepare a letter introducing the packet. The letter and the packet will then be sent by certified mail to the property owner. The Developer will forward a copy of the letter and a signed copy of the return receipt 27 Reso. ho.87-93 Oak Tree Preservation and Protection Guidelines card to the Department of Planning'and Community Development where it will be recorded and stored. C. Oak Tree Planting and Replacement Program It shall be the policy of the City of Thousand Oaks to replace or relocate oak trees in cases where removals have been approved in accordance with the following schedule: 1. Dead or Hazardous Oak Trees A fifteen (15) gallon oak tree shall be planted for each tree that was approved for removal. This policy shall apply to all new and existing residential, commercial and industrial properties. 2. Healthy Oak Trees 2.1 Commercial and Industrial Properties Whether new or existing construction three (3) oak trees will be planted to replace the trees that were approved for removalas follows: (a) Two (2), twenty-four inch (2411) box specimens, and _._ ..__ _... (b) ..One fl), thirty-six (36".) inch or sixty (60") inch - -. box specimens to be determined as follows: In the case of exceptional specimens, (trees whose size exceeds forty-eight (48") inches in. diameter, the applicant will be required to obtain the largest nursery grown oak tree that is available or provide two (2) sixty inch (60") box oak trees for each healthy tree approved for removal. 2.2 Residential Properties The replacement policy for new construction in residential properties is the same as described above in 2.1. However, in cases where houses currently exist, the requirement for replacement shall be one thirty-six (36") inch box oak tree for every healthy oak tree approved for removal. In cases of exceptional specimens, (forty-eight (48") inches or more in diameter) a sixty (60") inch box .oak tree will be required to be planted. . . 3. Relocations In certain cases the City may consider the relocation of oak trees from one area in the project to another. The guidelines and limitations of this program are as follows: �a De MQ'7-0z Oak Tree Preservation and Protection Guidelines 3.1 The tree(s) being recommended for relocation must be approved by the Department of Planning and Community Development whose decision will be based upon factors relating to health, type, size, time of year and proposed location. 3'.2 The size of the relocated tree may not exceed six (b" inches in diameter. Exceptions to this policy maybe made if a larger diameter nursery grown oak tree is available and can be reserved for a period of one (1) year. 3.3 In the event that the relocated tree dies, a refundable cash security deposit, in an amount equal to the cost of purchasing an equivalent nursery grown oak tree, will be made with the Department of Planning and Community Development. The deposit will be refunded after twelve (12) months if, in the opinion of the Department of Planning and Community Development, the relocated tree .has survived and is considered to be in good health. if the tree is considered to be marginal, the deposit will be retained for an additional twelve (12) months, when another inspection will be conducted'. If the health of the tree is unchanged or has declined, the developer will remove the relocated tree and replace it with an equivalent nursery grown oak tree. The security deposit will then be refunded to the developer. 3.4 Trees of replaceable size may be considered for removal so that the new nursery tree can be planted on site in a more appropriate location relative to the new construction. 4. Replacement Tree - Types, Sizes 4.1 Types In.all cases, replacement trees will be as follows: Quercus agrifolia (Live Oak) or Quercus lobata (Valley Oak). Other oak tree varieties must be approved in advance by the Department of Planning and Community Development. Note: In some cases, where it is not possible to obtain nursery grown trees in the sizes required, an equivalent number of large and small container oak trees will be planted in an amount equal to the cost of the larger but unavailable trees. 4.2 Sizes ti1'hile it is recognized that tree sizes may vary somewhat, the following table will serve as the basis for what the City expects in terms of sizes. Consultants will be expected to make every attempt to 29 Reso. No.87-93 Oak Tree Preservation and Protection Guidelines obtain oak trees whose specifications most nearly approach the following: Size Container" - Height ' - Spread' - Caliper" 1 15 Gal. 7-8' 2-3' 1q-2" 24" Box 8-10' 5-6' 2-21" 30" Box 10-12' 6- 8' 21"-3" 36" Box 12-14' 8-10' 3-31" 42" Box 14-16' 10-12' 31-4" 48" Boz 16-18' 12-13' 4-413 54" Box 18' + 13-14' 41-5" 60" Box 20' + 14-15 5-611 72" Box 22' + 15' + 6" + 5. Location of Replacement Trees In determining he location of replacement trees, the Director of Planning and Community Development shall consider, but is not limited to, the following factors: 5.1 The vegetative character of the surrounding area near the project site, and 5.2 The number of oak trees subject to this ordinance which are proposed to be removed in relation to the number of. such trees currently existing on the project site, and 5.3 The probability of the long term success of the replacement oak trees as determined by the Oak Tree Report submitted by the applicant, and, 5.4 The development plans submitted by the applicant for the proposed construction or the proposed use of the project site. In cases, where conditions preclude the project site for planting the replacement trees, the Director of Planning and Community Development may consider other options as follows: (a) Planting oak trees on public property such as designated open space areas, public parks, etc., and/or; (b) Cash donation to the oak tree education program in an amount equal to the dollar appraised value of the trees that were removed. The exact dollar amount will be determined by the current formula developed by the International Society of Arborists. 30 Reso. No.87-93 V1. ENFORCEMENT A. General The Department of Planning and Community Development through its Code Enforcement Officers shall vigorously enforce the provisions of the Oak Tree Preservation Ordinance and the Oak Tree Preservation Guidelines contained within this resolution. Additionally, inspectors from the Departments of Building and Safety and Public Works, in the course of their regular duties, will monitor activities on-site on a daily basis. Any irregularities or suspected violations will be immediately reported to the Code Enforcement Section for follow-up action. Stop Work Orders Whenever any construction or work is being performed contrary to the provisions of the Oak Tree Ordinance, Oak Tree Preservation Guidelines, Oak Tree. Permit or conditions of the appropriate development permit, a City inspector may issue a written 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 Code Enforcement Officer or the City's Oak Tree Preservation Consultant. C. Citations and Penalties Code Enforcement Officers are empowered to issue citations for violations of any provisions of the Thousand Oaks Municipal Code. Additionally, citations may be issued for any violation of the provisions of the Oak Tres: Preservation and Protection Guidelines described in this document. Unless prescribed differently, each violation of the Thousand Oaks Municipal Crde - is punishable by a fine of up to one thousand dollars ($1,000.00) andlcr six (6) months in jail for every offense. Each day an offense is allowed to continue may be considered as a separate offense and prosecuted accordingly. PASSED AND ADOPTED this 14th Da"illo,' 'Sc Cit of Thousand Oaks, California ATTEST: - i�� Dillon, City Clerk City of Thousand Oaks, California APPROVED A Jr 0 FORM: e lets, ity ttorney APPROVE A TO ADMINISTRATION: Grant . Brim all, 01ty Manager --- _,_ 31 'neso.No n� o0 CERTIFICATION STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF THOUSAND OAKS ) I, NANCY A. DILLON, City Clerk of the City of Thousand Oaks, DO HEREBY CERTIFY that the foregoing is a full, true, and correct copy of Resolution No. 87-93, which was duly and regularly passed and adopted by said City Council at a regular meeting held April 14, 1987, by the following vote: AYES: Councilmembers Lamb, Laxdal, Fiore and Mayor Schillo NOES: None ABSENT: Councilmember Horner IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Thousand Oaks; California. t AL - -Nan y A. illon, City Clerk City of housand Oaks, California ORDINANCE NUMBER—_...2 4 2 AN ORDINANCE OF l'liE CITY .COUNCIi. OF'TIiE CITY OF BRADBURY, PROtiihiN(i .mow 111—MI .ATIONS I:OR 1111: 1.1-A('ENlkM-, MAINTENANCE ANI) REMOVAI. pF 1RFJ:S, AND FOR TUE SUBMISSION AND APPROVAL OF PRFSERVATION PLANS PRIOR TO APPROVAL OF SUBDIVISiONS AND ARCIIITECfURAL REVIEWS 1'M CITY COUNCIL OFTHE C'IT'Y OF BRADBURY. HEREBY, ORDAINS AS FOLLOWS: i SECi'ION 1 Thr C'ily Council or the City of Bradbury finds, dciermincs.and declares as - follows: - _ A. The City•s Irccs arc an impnrlanl natural resource• contributing to rife environment by modifying temperatures and winds, replenishing oxygen. controlling soil erosion, and providing wildlife habitat. Trccs arc an aesthetic beneril which Provide scale, enlor, aroma• visual buffers between land uses, and increase(] property value; and B. The orderly devcinpmcnl of the City of Bradbury requires rcgulation of the Placement of new trees and the preservation- and proper maintenance of existing trees; and C. By irquiring that a Tice Preservation --Plan he submitted with aPPrcalimis for Architcetulai review, lot splits. and subdivisions, the City Council, Planning C()n111115Si(lli and City Smff can lake all reasonable measure, to insure that nex- bees arc Incalcd in a manner Which will promote an nrderip and nitraelive dcvclopnlent, and ill preserve rile existing trees that help to make Bradbury a special place in which In live. SECTION 2. Sections 9362 and 9363 of the Bradbury Zoning Code arc herefry repcalcd. SECilON3. Sections 9362 and 9363 of the Bradbury Zoning Code arc hcrch) eaactcd i to read as follows: 9362 Trees 1. Definitions - The following definitions shall APPi)In the inicrpreiwinn of Section 9362 eI scq regarding the regulation of trees: a. free shalt mean a woody perennial plant which usually has (hut is not limited to) a single dominant trunk and has a mature height of fifteen Tcet no more., or has a trunk diarnctcr. of four inches (4") or more mcatgicri at - tu-enty-four inches (24') above finish` grade- . . h. Weed shall mean a Plant which' is considered In he growing out of Place. C. Dinnteter AT Breast Ileight MI]) shall mean the measurement of rbc (tianlcicr of a sPccific Irce trunk at 4.5 feet fl.4 m) above finish grade. d. Native Tree shall mean any woody plant sPecics indigenous In tilc drscn. foothills or canyons of Snuthern California prior to the California hliszirn Period, provided that the plant has an e'xpccled mature trunk size Of sic inches (G) DBH and has an expected mature height of fifteen feet (15'I oil higher. Giant Sequoias, Redwoods (Sequnia(iendron semperivirens), and Daam Redwoods (Mamscquoin glyPtostrohnidcs), evergreen nnlive Oaks (571;1l as Quercus agrifnlia. cngcinlannii)j deciduous Oaks (suchas Qucrcns Inhara, and kciinggii) arc to he regarded as important native Irccs cvcn Ihourb they have been planted by man. inirndueed (or possibly reintroduced) .into the South Califno,ia foothill and canyon environments. . ern C. Prominent Tree shall mean any woody perennial plant with a trunk I)all of Six inches (6") Of mnre, and having an expected mature height of fificcn fret (15') nr higher. L Sigilificant Trees silail mean any non-native, or cxntic, Irec uilh a trunk DBI] of six inches (6") or more. and having an expccicd mature height of fificcn feet (15') or higher, and known to survive' in th environment. e Southern California g. Orchard shall mean an arca primarily used for growing fruit trees or nm trees or any other agricultural commodity. h., Nuisance Tree shall mean any -Arec with a root system which is cap::nlr nt calming dalllagc hl sunnunding birdseapes nr may require an arca g, -;ire than is available In order to sustain healthy and vigorous growth. Pur Purposes of this section. no Native Tree may be classified as a Nuisanc: Tr"c. A Nuisnncr Tree shall include, hilt not he limited to: Of Any tree which is known to_icproduce-itself excessively, thus " becoming weedlike. M) i) Anv dead• diseased, infested. Icaning nr dying Irees on private property SO near 10 any street as in constitute a danger to sired trees, nr streets. sidewalks, or portions thereof, or the life, healib nr safety of rhe public Of adjoining --public' _prnperfy. - - - - -- (iii) Any tree on any private pruperiy or in a parkway nr a type nr species apt to destiny, impair or otherwise interfere with any street improvement. sidcwalk, curb, approved street tree, goner, sewer Of other public improvements including water utilities or services. or adjoining prnperty (iv) Any tree or parts thereof growing upnn private prnperty but overhanging nr interfering with the use of any; street, parkway sidewalk or public place of the City which 'endangers file life, hrahh, safety or property of the public. (v). The existence of any branches 'or foliage on private or public property which inicrfetes with visihility on, or free use fir. or access to any portion or any street improved for vehicular or pedestrian travel. 2. Regulations. Controls & Prohibitions Except as otherwise provided herein, no tree shall he plant -cd. maintained nr 'removed except in conformity with this Section:. a. All trees shall he maintained. in a manner to promote healthy growth, reduce fire hazards or excessive' blockage of views of mountains or vallevs from adjoining properties or sight triangles of traffic intersections. Pruning -shall not degrade or adversely arrest the health of.any tree. Pruning practices shall conform in the - pruning standards which have hccn adopted by the Western Chapter of the International Society or Arhdricunurc. mid/or the National Arhnrisis Association. h. Serinusly diseased or dead Irccs shall be treated or removed by the prnperty owner as necessary to correct the condition or prevent -the spread to trees on -adjoining- properties. 'The Eucalyptus- species of tree' killed by Ilic-Eucalypius Longhorn Bedle (EI.B) must be cut- down, buried or chipped. Trees which show syniptoms of. ELB inrestatinn may require reme:nl. unfccs adequate moisture heroines available allowing the tree to produce ai!livicnl qunmities of resin to kill all or enough or the larvae that the tree rccovcrs from the inrestatinn. A un fee permit will be issued fnr removal of a dead or diseased ircc. e. Reurm-al of Native Trees, and/or Prominent Trees: No prominent tree. native tree or any other -free defined in Scction 9362.)(d) and/or which is of a desirable genus and species shall ' be '`rcmovcd' without firstobtaining a pc:oiit In do so. The City Manager shall issue such permits only aflcr the prescntalion or photographs and/or drawings showing that the prominent tree is a significant health or fire hazard or has become an extremely scvcrc drttinicni In. the view of file mountains or valley from humc sites- A 14 dor waiting period is etcalcd hereby doling which little nppcal.s In any drri:6m•: rrSuirtiuus or conditions -uradc by the City Manager fin the permit may hr suhntitlyd in writing to file Planning (nmmic:ian .Should an appra! be the 11 clay holding period is extended nummmicnlly until file uc:r Planning Connnissino needing for which the item can be placed nn the Agcada. d. Removal or Orchard Trees: No orchard tree shall he icmnvetl-withont fist ohtnining a permit to do sn. -The City Manager shall issue such persrils nuly after prcacmalion of photographs and/or drawings showing That the orchard tree is a significant health or fire hazard or has become a seecre detriment In the view of the mountains or valley from house sites. A 14 day waiting period is created hereby during which time appeals to any dccisinns restrictions Or eonditinns made by the City Manager on the permit may be submitted in writing to the Planning Commission. Should an appeal be filed., the 14.dav holding period is cxtcnded automatically until file next Planning Canimission meeting for which the item can be placed on the Agenda. c. Rrnwlval of Nuisnucr'f-rccs; No nuisance lice may he trnnircd without fits[ obtaining a) enol[ in do su.'Ihc CSty h(anngm shall issue such pcouits nidi-aflrr plrsrlitaiinu of phnlugral,hc nil/or thawings showing 11ra1 the suhirct fire ha: n irx,l %VsIcurthal is rousing fht.lagc,to suum ouling 11--odscallc, is st• oparintcilrii"g wish Ihr lif so eel. kwnvsidcwalk.eurb; succl, gutter, seiver car Ifliter public ' nopromocnis or utilities iuclueGng wilier utilities or services, is inferfciing will: nn nrljnining limperfy, is a significa"I hcalllr or Gee hasartl or has become a scvclr dcuimenl lir the. view of the mnumains or valley hum boost sites. No waiting Pelitxl is required for removal of nuisance trees. To Preserve lnihlic safety lord reliability fn the cnusunction, al elation, rind iliEti 11cr1aors, of oycoicatf aJill tltltlergt'ound electric lilies arid facilities, public utilities air exertipt front tile Provisions, requimincuts and restrictions of this section. U?Gi Rrsimmitio of Illrgnlly Rcurovcd pr I)amagcd llccs; bees k flues: APIx al: Any Pelson resPclnsihlc for the illcgnl reui n'al of, of damage in, uccs shalt be trquifcd to restore life, lice fir trees by replanting a free of equal size, significance, and prnnlincncc. ' 'Illr (—fly hlanagcr shall notify by first class mail ni pnsYalml set vier, -ill lrlsrnl: i+hom hr ticimmincs site tespoll lc for the removal of, or tlnruagr. til, rife nrr of the Violation anti oilier Icshnalion. Any person aggficvetl by the iktcnninarinu of [Jr. City hlvragcr may appeal file detenninafion to the C.11y Council within 15 dais of receipt of the nolicC.'tl,e Gly Council shall set Q1e ostler fnr hearing and give [sillier In the peistin who npl r s of Illb lime and place ser for file bcal ing- Il+Ilowing the hearing, Ilio (wily ('011"Cil 51•,111 oinkr its dcienninatian.'I1r r'ifi Cucu,cils drlcntlination shall ix: final. Ali)- primo nidcrccl tri Icslnlc n lire rn Ur,•s shall do so wilhin fills-ru (15) slays of the co"ctusio" n(thr aPPral. I(Ircc fir -t i; ooi completed by sucll [lite lilt" it may be. undertaken by the 'I he cosi of '"I"Intion shall he n licit nn tilt ptppcily or m (IChl (if ill; PCisoll who Irl[Int rli ibr lice or tires if such person docs not nit•" the propcity nn which the bees were h,catcd. SrCFION 4. Section 9711 (f) of the Bradbury Zoning Ctxle is follows; huehy anrnded: to read as (f) A'I'fcc I'icsrnation and 1'I;uuing flan, at a sc"le of ml lease I inch crprals ItX) L^moi• sl laving: (I ) all rxi56119 Plominym and/ur Signifiranf fires, mull (7) all 1'll1, Ili nein mull"I Slgoilrl null llccS to be 1,I:I111t'd 511:111 hr submillyd In clic (.It)- 1'1:lonlctg 0,111missinu ilv mPploval ill conncciion .willl Sulxlivision nr Lor Split ApPlic illi ns 'I It:-'] it•c Po-srivnupn flanshall dcst-r ibe• the g: oil: will slivrics of all esi:liu,C lnop,inrftt nntl/ol signific:u" ores, aild sl tall f lovidc jllsliGenftnn fpr silly nrr In I' rcnim'cd lir id alnl dufing grading fir construction pf the sillxlivisinn*or lilt sl+lit, hliligation by Irplauling of any Plontinclll an(Vor Significant [fees ill be tculoyrd lecli ilcs approval bpm tilt Planning Cori ntission of [Fie City of Bradhur)-Which h' blxshall tletrrnline, Size, quantity incl locations of all such (fees to he plmrncd. '1 he Planning Cumillissian• in cunsicleriog a Teninlive • rzict htmP, for n Soloi: i:i,nl of [.of SPlii, 511111 rrvicw file Tire Prescrvatioll and l'l:coling 1,1,111s. 'I la: -11,-(: iSrsrlVation mid Planting PhIns shell he sobjr.cl to Ihr appo,val of If,, I'L�nnilq, ('nunnis':i+nl. told ale appealable ill the Ihr ('ily ('rnnicil.'I hr Plmuiinl: ('I In"oission, (it the City Council oo Review, Ina)• impose such cpndili,nu including hands as arc necessary to Cllsufc fllal elle Tire Pirsctya(inn and i't:uui:1 Piens are undertaken and cnulPlctcd tri the safisfnctinil of [he ('ity. S1:( ""ON 5. Section QNX) (2) of the Ilfadhufy 7.oning Cixlc I!rtefn• is amcndrd by ehauging Subsection (c) la read as follows: (c) 'free Preservation and 1,an(Iscaping Sf Cl1ON G. Section 96W of lire 13ndbirry 7.oninn: n u 9 Code herchy is to be a i,lcd C, I, . Sul+scction 2.7, and 2.8 reading as follows: - 2.7 'llcc PIcservalinn and Cant)scaping I'lan Approval. No rrmoval. fir [oppiclF of cxisliug Ploolincnt antt/nr significant uccs is pcmfiuc(I on a huilding site ::iibput prior approval of lite Planning ('umnlission. A Trec 1'icscrvatiao and I su:.I :raPi,:r 1'1311 shall he inctudrfl ms 11,111 I,( the Arcbirrcfoml Revicw. :it�.`.t�'.�] •'tom ' Yft i • .. 1 If ptotuincnt and/or significanh: trees arc to be rcmpvcd or relocated prior Id a rotwe Architectural Review, a Tice Preservation and Landscaping Plan shall he snhntincd to the Planning Commission fnr approval scparatcty from and pilot to snhtnissioo of the finalized building plans. A fill'14cd It., Pic3crvation and Landscaping Plan shill be submitted along with final Architrcit ral Review Plans. A revised Tree Prescrvatinn and Landscaping Plan shall he suhmincd in connection with application for Architectural Review fur. enlargcmcm of existing buildings and structures. In' the ease of minor' additions or changes it, the interior of a building. not requiring removal or heavy trimming of existing' important trees• a letter so Slating may be submitted in lieu of a finalized Tree Preservation and Landscaping Plan. If no Tree Preservation mid Landscaping Plan, at no Landscaping Plan adequately covering the issue of preservation of existing trees was suhntincd as part of an applicable Subdivision Plan or earlier Architectural P.cocw Plan, then a Tree Preservation and Landscaping Plan.. shall. be suhntincd as Part or the Architectural Approval Plans. except for the ease of minor additions or interior changes. 2.R It shnil he unlawful• and it is hereby prohiMird fnr any prison. In plain ant lice whirh will cause distress, ,cncto.1ch upon an adjaceni propcns wlrc:brr public or private, block vicws.suntighl or passnge of air. move, I r.: .•: e• destroy, cut, trim execpi for seasonal trimming,, top, deface, injure v. replarc any living tree or to cause the same to be done without first ohtaireiac a written permit front the City Manager. This permit shall specifically describe the work to he done. II shall he unlawful to do any such work not sf.edescrib dcsoihed. It shall be unlawful fnr any personin; ificnily fat Damage. cut, lop, earm .etch, hew or engrave, poison, or ini_:c the poccdures; or mol prsystem of any, tree except for standard root Penning procedures -. (h) Allow any gascons, liquid or solid substance harmful to trees it, rmrrc in coronet with any part of any tree ie; over -watering; (c) Deposit, place, store or maintain upon the ground surrnuneing any trees any stone, brick, concrete or other material which map impede the frac passagc of air, water and rcr!ilizcr to the.rnn[s or anv rrcc. Nothing contained herein shall prevent a public utility pravidcr I' normal nnnnal maintenance of lines and underground facilities. Public willies in!cuding to perform Irec trimming Di underground work shall nn!if+ the City Ttanager, in writing, five (5) working days prior In ll!c comn+cnrcurcm of any work and shall describe the location an nature of the work In he performed. SECTION 7. The City Council shall establish, by resolution, a schedule of fcc: for the review of file Tree Preservation and Landscaping Plan and for Tree Removal perrnits required by this Ordinance and the Bradbury Zoning Code. SF(`1'ION R. The ('ily Clerk shall certify In the adoption of this (Jnlinnncr a::l :hall Cause- the snmr to be Processed ns requited by law.. PASSED. APPROVEI) and ADOM'FD [his 16th day of Ju__ __lY__. 1991. y u .%�1c_� �z AT :S� / MAYOR .; . IT CLERK r 1 herchy certify that the foregoing Ordinance was duly introduced at a regular mccling of Qlc City Council held on the 18th day of June _ 1901, and the foregoing Ordinance and was duly adopted a, "he regular Meeting of the Council held an the 16th day of July 1991 AYES:_ Mayor Richards, Councilmembers Hon, Lah'sto-Kirtley, Chamberlain NOES: None ABSENT: Councilman Melbourn. / MY PERK r c ti ORDINANCE NO. 1103 AN ORDINANCE OF THE CITY OF SIERRA MADRE AMENDING PROVISIONS OF THE 3iL IICIPAL CODE ESTABLISHING TREE PRESERVATION AND PROTECTION MEASURES The City Council of the City of Sierra Madre does hereby ordain as follows: SECTION I. Existing Municipal Code Section 1230 et seq, of the Sierra Madre is hereby repealed. SECTION II. Section 12.20 et seq, of the Sierra Madre Municipal Code is hereby amended to read as follows: CHAPTER 12.20 -.TREE PRESERVATION AND PROTECTION SECTION. 12.20.010. Purpose and Intent The City is located at the foothills of the San Gabriel Mountains in Los Angeles County. Native Oak and other native and ornamental trees are dominant features in the landscape. These trees significantly enhance the aesthetics, increase property value, improve air quality, reduce summer cooling costs, and improve the health and welfare of the community. The City Council adopts this Tree Preservation and Protection Ordinance in order to contribute to a better public understanding of the value of the City's trees and to prohibit indiscriminate. damage and destruction of this significant resource. This ordinance establishes basic standards and measures for preserving and protecting the City's Public trees and the last vestiges of the City's Landmark Oak trees located on undeveloped private property. This ordinance also specifies the requirements for planting trees on public property in or adjacent to newly planned or renovated commercial and residential developments. Preserving and protecting existing trees are worthwhile because: l: Trees are a valuable long term community asset and tend to increase property values. 2. Trees protect us from climatic extremes. They recycle water, absorb carbon dioxide, release oxygen, provide shade and windbreak protection, and moderate temperatures of neighborhood and community. 3. Trees screen dust, absorb pollutants and buffer noise from traffic and other sources. 4. Trees diffuse the effects of rain that weather houses, erode topsoil, and cause flooding. 5. Trees provide habitat for birds and other animals. 6. Trees contribute to the pleasantness and serenity of neighborhoods and help reduce the stress of modern living. 7. Trees enhance the architectural character of a neighborhood, accent or soften the effect of structures; promote visual and aesthetic interest, and can screen undesirable views. Section 12.20.020 Definitions - For the purposes of this chapter, certain terms are defined as set forth in this article. Arborist. A person who is accredited by the Western Chapter of the International Society of Arboriculture, or a licensed contractor who is qualified to practice tree care and has demonstrated tree work that complies with the standards of the Western Chapter of the International Society of Arboriculture. Certification letter. A concluding statement by an appointed tree expert stating that a work required to be monitored was duly performed and observed by him/her and that said work fully complied with the conditions of the discretionary permit, tree expert report, tree permit, and/or the applicable provisions of this chapter. City Administrator. For the purposes of this Article, where the City Administrator is specified to act on behalf of the City, he/she may at his/her discretion appoint a representative to act in his/her befialf. Damage. Any action undertaken which causes injury, death or disfigurement of a tree. This includes, but is not limited to, cutting, poisoning, under or over watering, relocating or transplanting, trenching, excavating or paving, storing of materials or soil compaction within the protected root zone of a tree, or attaching signs or artificial material which pierce the bark of the tree by means of nails or other objects. Dripline. The outermost edge of the tree's canopy. When depicted on a map, the dripline -will appear as an irregular shape that follows the contour of the tree's branches as seen from overhead. Root zone. The circular area surrounding the trunk with a radius fifteen times the trunk diameter or the area between the dripline and the trunk, whichever is greater. Root feeding zone. The outer two-thirds of the root zone. Street trees and other public trees. Any tree of which more than one-half of the trunk's basal cross-sectional area is located on city property. Topping. Removal of the highest part of a tree by the use of a large heading cut. Tree. A woody perennial plant distinguished from a shrub by having a comparatively greater height and, characteristically, a single trunk rather than several stems. Tree expert. A professional forester; arborist, or an authority whose academic training and/or long practical experience, as determined by the Tree Preservation Commission, allows that person to reliably recommend the removal or preservation of trees based on their species, location, health, form, longevity and monetary value. Such person may be resident of the City of Sierra Madre volunteering his`her services, or a City employee. Tree Preservation Commission. A seven member group of Sierra Madre residents, appointed by the City Council, who shall serve staggered four year terms. Tree Trunk Diameter. Such diameter shall be measured four feet above the ground. Where a tree grows on sloping ground, height shall be measured from the high side of ground level. Trim substantially. This definition applies to both above -surface and underground cutting. For branches, it shall mean the removal of more than an estimated forty percent of the live branches of the tree in any two year period or removal of any limb with a circumference of 12 inches or greater. For roots, it shall include the removal of more than an estimated twenty- five percent of the live,root mass in any two year period, or cutting of any root with a circumference of six inches or greater. Section 12.20.040 Street Trus - Tree planting, removal, trimming on public streets; permission required; standards; appeals. A. It is unlawful for any person, firm or corporation to plant or set out any trees along public streets without the written consent of the City Administrator. B. It is unlawful for any person, firm or corporation to remove any tree or device necessary for the protection thereof from a public street without the written consent of the City Administrator. C. Except as otherwise allowed in this article, it is unlawful for any person, firm or corporation to trim substantially (as defined above) any tree along a public street without the written consent of the City Administrator. D. In permitting any planting, trimming or removal of trees pursuant to this section, the City Administrator shall be guided by the requirements of this ordinance, the standards of the International Society of Arboriculture and an approved street landscaping plan. The aforementioned standards, as they may be amended, shall be kept on file at City Hall and at,the City Library and available for reference. E. In the event that removal of a public street tree, 36 inches or more in circumference, is pending, whether by City determination that such removal is desirable for public safety, preservation of public utilities or sidewalk repair, or similar reasons, or by application of the property owner on which such tree(s) is (are) situated, notice shall be posted on such tree(s), by a method which does not penetrate the trunk. The City must also inform all property owners on the street in the block in which such tree(s) is situated at least thirty days before such action can proceed. No action shall be taken to remove such tree while there is any appeal of such action until the City Administrator and/or the appropriate City Commission, as specified herein, have taken action on such appeal. F. Any person aggrieved by or objecting to any act or determination of the City Administrator in the exercise of the authority granted by this section shall have the right of appeal to the Tree Preservation Commission. Such appeal shall be filed with the Public Works Director. Within 10 days of receipt by the Public Works Director of such appeal, he/she shall inform the Commission of such appeal. Within thirty days of receipt by the Public Works Director of such appeal, the Commission shall hold a Any person claiming financial and/or physical inability to perform the duties set out in this section may petition the City Administrator for relief. If the City Administrator concurs that such inability exists, the City Administrator shalt direct City crews to perform the required work. . Section 12.20.080 Public Parks - Tree work in public parks. Tree planting, removal or trimming in City parks shall be in accordance with the following policies: Any tree work shall be done under the direction of an appointed tree expert. Normally, tree removal shall be limited to dead or severely diseased trees or trees which pose a potential threat to public safety. Trees may also be trimmed as necessary to provide for the efficient operation of public services such as street sweeping. Section 12.20.110 Development - Removal or alteration. A. This section shall govern applications for removal or substantial trimming of trees in cases where removal or trimming is necessary for the purpose of 1. erecting or adding to a structure, including but not limited to, houses, fences, sheds, decks and/or retaining walls, 2. providing parking areas, 3. grading, trenching, or lot clearance, or 4. any other activity requiring a building permit or any discretionary land use entitlement. A City permit for such work is required, and application for such permit shall be made on forms provided by the City, accompanied by a fee established by resolution of the City Council. The applicant shall submit project plans, including the location of all trees on the site, with each tree's dripline shown, the tree type and trunk diameter, and indication of the trees proposed for removal or pruning. Photos of the site shall be submitted with the project plans. In case of additions and new construction, the tree expert may require trees to be located by a licensed surveyor. The tree expert may also require, at the expense of the applicant, an arborist report containing specific information on tree condition, an analysis of the potential impact on affected trees of the requested development, recommended actions, mitigation measures, and the advisability for requiring monitoring of one or more protected trees on an individual lot or project site. In such cases the tree expert must be on site to observe and monitor work that impacts the trees and, at completion of such work, submit a certification . letter. C. Applications shall first be reviewed for recommendation and comment by an appointed tree expert, and a report submitted. A determination shall then be made whether or not and under what conditions, a permit should be granted by the entity or official listed below: 1. By the Planning Commission as part of any application requiring only Planning Commission action; 2. By the Planning Commission and Tree Preservation Commission as part of any application requiring consideration by both such bodies; n 0 quality may be required to be replaced by large-sized specimen trees, as deemed appropriate by the tree expert. C. Continuing maintenance of required replacement trees by the property owner(s) or their successors shall be required. S. In cases where a site cannot support all of the trees required for replacement purposes, the remaining replacement requirement shall be met by the permit applicant as follows: a. Planting native trees or closely related species on public property; and or b. Donation of money to the City's tree replacement fund according to a fee schedule established by resolution of the City Council. In either of the above cases, priorities for such tree planting locations shall be given to replacement of public street trees, as noted in Section 12.20.120, below. 6. If an application is approved, such conditions shall be imposed as are deemed necessary to fulfill the standards of this section. E. Construction shall not be done in a manner which negatively affects the growth or health potential of a tree required to be preserved. To improve the chances for long term survival of such trees, the following protection standards shall apply: 1. All cut, fill and/or building foundations shall be located at least three times the affected tree's diameter from the outside edge of the trunk of any tree scheduled for preservation and/or from any tree on adjacent properties, unless, because of the -species. affected, a lesser distance is adequate, as may be determined by the--- - - - tree expert. No material stockpiling, storage, placement of excavated spoils or other changes in grade shall occur within the dripline of any tree, either temporarily, during construction, or permanently. 2. All trees scheduled for preservation shall have the ground area surrounding the trunk, for which areas maintenance and protection is necessary during construction for the purpose of tree preservation, conspicuously designated by durable semi-permanent means. Such area shall be located outside the trees' driplines, if possible, and shall be designated prior to the start of construction. In no event shall the outer limits of the designated area be located closer than five feet from the outside edge of the trunk unless a lesser distance is determined adequate by the tree expert. Designated areas shall not be used for vehicle parking, shall be maintained in a natural condition, and not compacted. 3. In order to avoid unnecessary damage to the root system of trees, the applicant will be required to submit a utility trenching pathway plan to the engineering division for review and approval prior to issuance of a building permit. The plan must depict all systems to be placed below ground, including but not limited to the following systems: storm and runoff drains; sewers; gas lines; electrical, cable television, and telephone lines; and water mains. Additionally, the plan must show all lateral lines serving the proposed construction and any proposed 3. By the Tree Preservation Commission as part of any application requiring only Tree Preservation Commission considerations; 4. By the tree expert for any proposal not requiring either Tree Preservation Commission or Planning Commission approval, whether or not a building permit is required. D. Standards and provisions to be observed in considering a permit under this section are as follows: I . The design and placement of development should incorporate, if at all possible, existing healthy trees into the site design. 2. The visual prominence and function of each tree on the site shall be considered prior to a decision on the application. 3. Removal or alteration shall not be approved unless one of the following shall apply: a. The tree(s), due to their location with respect to the site topography and required construction setbacks, prevent reasonable development of permitted uses. Existing development on similar sites in the same zone and having similar topographic and vegetation characteristics shall be considered in the review process. b. The condition of the tree(s) with respect to disease, maturity, danger of falling, proximity to existing structures, parking, high pedestrian traffic areas, activity areas or interference with utility services, cannot be controlled or remedied through reasonable preservation procedures and practices. C. Good forestry practice suggests a reduction in the number of trees due to the incapacity of the property to sustain the pre-existing number of trees in a healthy condition after approved development changes occur. Trees approved for removal shall be replaced, unless finding is made at the time of granting an application that the site is inadequate to support the required number of replacement trees, as follows: a. Trees that prevent reasonable development shall be replaced within one year of removal by a minimum of one tree of the same species, or a suitable alternative recommended or approved by the tree expert, such trees to serve a comparable function. Replacement size shall be determined by the City's tree expert. In the event that the replacement tree dies, "a continuing responsibility on the part of the property owner to replace that tree with one of comparable size, within six months of the replacement trees' demise, shall exist. b. Trees with a three foot or greater diameter, trees of an estimated age of 100 years or more, or trees of high visibility or extraordinary aesthetic ON irrigation system. The plan must include trees accurately located on the project site as well as an accurate plotting of their root zones. The plan should be developed considering the following guidelines: a. The trenching pathway plan should avoid the root zone of any tree. b. In cases where alternative routes are not available, tunneling under roots shall be used for all underground lines such as utility and drain lines in order to preserve roots two inches or larger in diameter. All tunneling, shall be performed under the on-site supervision of the tree expert. C. Wherever possible underground lines shall be combined in the fewest possible trenches. d. Where it is not possible to avoid some encroachment into root zones, the design must minimize the extent of such encroachment. The tree expert may require that these encroachments and mitigation measures be documented in a supplemental report prepared by an arborist. 5. No more than one-third of the root feeding zone of oak trees scheduled for preservation may be allowed to be damaged by new development, unless it can be demonstrated by an arborist, to the satisfaction of the City, that a greater area of the root feeding zone can be involved without damaging the tree. 6. Root feeding zone damage to other species shall be as allowed by the City tree expert. The Tree Preservation Commission shall request technical assistance to determine standards for other tree species common to Sierra Madre, such report to be made available to the public at City Hall and the City Library. 7. All approved construction work within the root zone of trees scheduled for preservation shall observe the following minimum tree protection practices: a. Hand trenching shall be done at point of grade cuts closest to the trunk to expose the location of major roots, i.e., two inches in diameter or larger. Major roots shall be cut only with permission of the tree expert. In cases where rock or unusually dense soil prevents hand trenching, mechanical equipment may be approved provided that work inside the dripline is closely supervised by the City tree expert to prevent tearing or other damage to major roots. b. Where root cutting is permitted, exposed major roots shall be cut with a saw. Major roots shall not be ripped by construction equipment. C. - Absorbent tarp or heavy cloth fabric shall be placed over new grade cuts and secured by stakes. Two to four inches of compost or woodchip mulch shall be spread over the tarp to prevent soil moisture loss. The organic covering material and tarp shall be thoroughly wetted twice per week to insure constant moisture levels until backfilling occurs. d, Trimming of branches shall be done with a saw, cut clean, and performed y according to standards of the International Society of Arboriculture. No tree sealant shall be used on cuts. e. Decks located above the root zone of trees scheduled for preservation shall be of post and beam construction to reduce the need for root pruning or removal. L On -grade patios or paving that cover more than one-third of the root feeding zone of pine or oak trees shall be constructed of permeable materials that allow aeration and water penetration. g. Planting and weed control beneath trees scheduled for preservation shall take into consideration the watering requirements of such trees, so as to prevent damage from over or under watering or other adverse effects on the health of the trees. Planting beneath native oak trees should be of special concern and should generally be avoided. (Installing lawn or other plantings that requires frequent watering insures a slow death for oak trees due to their sensitivity to over watering and susceptibility to oak root fungus.) Appeals'of actions hereunder shall proceed as follows: Any interested person may appeal action taken on a permit application pursuant to subsections C(I), C(2), C(3) or C(4) of this section. Such appeals shall be directly to the City Council pursuant to appeal procedures for Tree Preservation Commission and Planning Commission. 2. Any interested person may appeal action taken on a permit application pursuant to subsection C(4) of -this section. Such appeal shall be directly to the City Co+mcil pursuant to appeal procedures set out in Section 12.20.040E. G. Once the City Council has considered an appeal regarding an application for removal or alteration of a tree, all further applications and appeals within the following twelve month period relating to that tree shall be made directly to the City Council. Section 12.20.120 Tree planting required by Planning Commission. The Planning Commission, in considering applications for use permit or variance, may require tree planting on or adjacent to the project site, should the Planning Commission determine that such tree(s) will mitigate a project's impact regarding matters such as loss of open space and/or neighborhood aesthetics. Where tree planting adjacent to a project site is required, priority shall be given to replacement of public street trees in the vicinity which have died, or have been removed in accordance with the provision of this Article. Section 12.20.130 New subdivisions. Before any street improvements in any new subdivision of real property in the City are accepted by the City Council, the subdivider shall pay to the City the total cost for purchasing and planting of all trees to be planted along all streets in said subdivision. After receipt of said payment, the City will plant said trees at such proper time as is determined by the tree expert. Section 12.20.140. Severability If any word, phrase, clause, sentence or section herein is for any reason invalidi such invalidity shall not impair the validity of any other part herein, and the City Council hereby declares that it would have enacted everything herein without any such invalid pan thereof. SECTION III. Section 2.46 of the Sierra Madre Municipal Code is hereby added creating a Tree Preservation Commission, and shall read as follows: CHAPTER 2.46 • TREE PRESERVATION COMMISSION Section 2.46.010 Created. A Tree Preservation Commission for the City is hereby created. Section 2.46.020 Purpose. The commission shall serve the purposes described in Municipal Code Section 12.20.010 et seq. Section 2.46.030 Membership. The Tree Preservation Commission of this City shall consist of a total of seven Sierra Madre residents, to be appointed by the City Council. Section 2.46.040 Terms. Each member of the Tree Preservation Commission shall be appointed to four (4) year term. Y First terms of the inaugural commissioners'may, be longer, up to six years, to allow for the implementation of staggered terms. APPROVED AND ADOPTED this _ day of 1993. MAYOR, City of Sierra Madre, California ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGLES ) ss CITY OF SIERRA MADRE ) I, Nancy Sue Shollenberger, City Clerk of the City of Siena Madre, do hereby certify that the foregoing Ordinance No. 1103 of Sierra Madre was duly passed, approved, and adopted by said Council on the — day of 1993, by the following votes: a INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners (j FROM: James DeStefano, Community Development Directox'j�" SUBJECT: Tree Preservation Ordinance DATE: October 24, 1994 Planning Commissioners have expressed their interest in the previously prepared Tree Ordinance. I have attached for your use a copy of the previously prepared Council study session staff report,. Draft Ordinance, Planning Commission staff report and resolution, meeting minutes, Mr. Schad's ordinance and a copy of the Los Angeles County Code standards for oak tree permits. z,;�,g .....� INTEROFFICE MEMORANDUM TO: Chairman.and Planning Commissioners FROM: James DeStefano, Community Development SUBJECT: Tree Preservation Ordinance DATE: April 11, 1994 Planning Commissioners have expressed their interest in the previously prepared Tree Preservation Ordinance. I have attached for. your uses a copy of the previously prepared Council study session staff report, Draft Ordinance, Planning Commission staff report and resolution, meeting minutes, Mr. Schad's ordinance and a copy of the Los Angeles County Code standards for oak tree permits. DLA -MOND BAR CITE' COT-. CIL STt�DY SESSION 1. CLOSED SESSION: 5:00 P.M. Personnel - Section 54957.6 Litigation - Section 54955.9 2. CALL TO ORDER: 6:00 P.M. - Room CC -8 PLEDGE OF ALLEGIANCE:. MAYOR KIM ROLL CALL: Councilmen Forbin) Mayor Pro Tem Papen,MMayor, Kim illerrner, 3. ORDINANCE NO. 92-Z3: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING PART 16 OF DIVISION 1 OF TITLE 22 OF THE LOS ANGELSp22.56 OF HERETOFORE ADOPTED AND ADOPTING A NW PARYCODE AS T 15 OF CHAPTER. 22,56 OF DIVISION 1 OF TITLE 22 PERTAINING TO TREE On January 13, 1992, the Planning Commission recommended their consideration. PRESERVATION referral of a Tree Preservation Ordinance to the council for Recommended Action: Review and provide direction as necessary. 4. ADJOURNMENT: INTEROFFICE *fEXORAKDUX TO: Robert L. 'Ian 'Dort, City Manager FROM: James DeStef ano, Community Development Director VIA: Ann J. Lun u 4 Planning Technician SUBJECT: Tree Preservation Ordinance (Zoning brdinance Amendme-nt No, 91-5) DATE: March 2, 1492 BACKGROUND: In preparing this preliminary draft tree -researchprewas done using ordinances which are in servation ff ct rdinance, cities. Sections were taken from these ordinances whiat ch ther, Other compatible with our community for our purpose and intent. following cities, tree preservation ordinances were used: Oaks, Rancho Cucamonga, The Angeles. g Laverne, San Marino The An ordinance prepared b San Dimas, and Los Diamond Bar was also used in the research . Schad for the city of the Los .Angeles County Department of For - A pamphlet m hlet prepared re areden wb used. as The Commission met on June 24, 1991, August 12 14, 1991 .to discuss the issues surrounding ' 1991, and October ordinance. At the October 14 1991 meeting, 9 a tree preservation the ordinance would be preserving not onlythe Commission decided but also species of walnut, sycamore and species of oak trees Pepper trees. On December.9, 1991, staff presented the City's draft regulations concerning tree preservation in ordinance formate to the Planning Commission. Another public hearing was held on January 13 1992 and the Commission adopted a resolution recommending approval of a Tree Preservation Ordinance to City Council. Attached to this memorandim is that Tree Preservation Ordinance. DISCUSSION• The purpose and intent of the Ordinance. and the Los .Angeles County oak Tree similar. They indicate proposed importance Tree Pre ndvs ation gnificanceaofetraare to society and to our environment.ees The three major differences between the os AneleF County . Tree Ordinance and the City's proposed Tree Preservation Ord nannce Tree Ordinance and the City's proposed Tree Preservationare the type Of trees which and the size criteria fortrees protectedwhich rani , The type of tree. the Los Angeles protects are sCounty Oak Tree Ordinance peces of oak trees. The City's proposed Tree Preservation Ordinance will protect a trees, wll genus and species of oakpublic andd priv trees, sycamore trees, and pepper trees on all ate property within the City. . The tree replacement ratio of the Los Angeles County Oak Tree Ordinance is two to one (2:1). The ratio for the propose Tree Preservation Ordinance is four to one (4:1). Lots (1) acre with existing improvements are exempt less than one unless the Director of Cothe 4:1 ratio mmunity for for determines that there are overriding considerations. The replacement ration for these lots are 1:1. For lots that are one (1) acre or more shall be replaced as in the scheduled found in Chapter 22.56, Section 2160.G. (Pg -9) of the proposed ordinance. The size criteria for tree preservation is drastically different in the ordinances. The Los Angeles County Oak Tree ordinance states that a person shall not cut, destroy, remove; relocate, otherwise inflict damage or encroach into a protected zone of any tree of the oak genus which is as follows: 1. 25 inches or more in circumference (8 inches in diameter) as measured 4k, feet above mean natural grade; 2. In the case of an oak tree with more than one trunk, whose combined circumference of any 2 trunks is at least 38 inches (12 inches in diameter) as measured 4� feet above mean natural grade, on any lot or parcel of land within the unincorporated area of Los Angeles County, or any tree that has been provided as a replacement tree, pursuant to Section 22.56.2180, on any lot or parcel of land within the unincorporated area of Los Angeles County, unless and oak tree permit is first obtained as provided by this part 16. In the City's proposed Tree Preservation Ordinance, the following standards apply: I. All oak, walnut, sycamore, and pepper trees in excess of 15 feet in height or having a minimum single trunk circumference of 15 inches measured 4 feet form lowest ground level; 2. Multitrunked tree with a division of its trunk having a total circumference of a minimum of 30 inches measured 4 feet from lowest ground level A scand of trees w'r.ich are de°ender.t or. for survival o eac - r dominance. - -••-- The importance of having a tree re trees are recognized Preservation is evident. Com=unities. Trees add heaut their tremendous value tooaa home, protect our wild life y tO our landscape, add value to cu- and add to our well being. RECO !ENDATioN. The Planning Commission recommends approval of the Tree Preservation Ordinance. Attachments: Tree Preservation Ordinance Los Angeles Country Oak Tree Permits Minutes of Planning Commission meetings ORDINANCE NO. 91 -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING PART 16 OF CHAPTER 22.56 OF DIVISION 1 OF TITLE 22 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ADOPING A NEW PART: 16 OF CHAPTER 22.56 OF DIVISION 1 OF. TITLE 22 PERTAINING TO TREE PRESERVATION. A. Recitals 1. The City Council of the City of Diamond Bar has heretc`c_e adopted Part 16 of Chapter 22.56 of Division 1 of Tit'_e ,2 pertaining to Oak Tree Permits. ` 2. It is the desire of the City Council to replace said regulations with new regulations broadening the scope c coverage afforded indiginous trees. 3. That the Planning Commission conducted duly noticed public hearings on this, proposed ordinance; received testimony and closed such public hearing on. December 9, 1991. It was .determined that this project is categorically exempt from t requirements of the California Environmental Quality Act 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15307 of Division 6 of Title 14 of rhe California Code of Regulations. 4. All legal prerequisites to the adoption of this Resolution have_ .occurred. B. Ordinance NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in Recitals, Part A, of this Ordinance. Section 2 Part 16 of Chapter 22.56 of Division 1 of Title 22 Sections 22.56.2050.et seq ) of the Los Angeles County Code, as heretofore adopted, is hereby repealed in its entirety. Section 3. A new Part 16 of Chapter 22.56 of Division 1 of Title 22 of the Los Angeles County Code, as heretofore adopted, is hereby declared to read, in words and figures, as follows: 22.56.2050 ESTABLISHED —icW 12/26/91 PURPOSE ' +:3 �y ^�,n _C.t3c_..S Lied t0 __ as-_ a e5, .:a_.7 _ -� �� _ .. .^.a.^.C?, gnd remo%,al :.d ...=n-=- - . Z. -e C _ xh_ - ;'c4...c�e trees, and pepper a.. to rec _'_-= =t. _ esc!, � def; n z s 'n- -cant h istori al `_ =es 5rc„-n _ Y ”' - of the Lest eti .trees, s ,.� n character of c' a the Ci are1. rce and penile -- C' -k t a_- _ r `_ e es are worth s_ rc=_ .of oxy ? of protect s; ?5e pr , s� i ere _ roviae shade n eser 'wild scenic beau,, c... on. I- �' protect w life,- and counter = L^atu _ -s relevant to the public peace, har-onv, and such trees =e protected fYom random removal or cuttl" ���, a `' :here such trees are related to a proposed development. g, e` --e2 - 22.56.2060 INTENT It is the intent of this ordinance to create regulations Preservation and maintenance of oak trees, walnut tCityrees F trees and pepper tree so as to retaiie n as many�ofh thesein s trees as on Public and private prccer: intent of this ordinance to perpetuate Possible. t is also t development occurs. rs through planting as 22.56.2070 APPLICABILITY the provisions of this ordinance shall a o= oak trees, walnut trees, sycamore trees, andppltoal pall trees c❑ a- genus and s_c=_ __ public and private property within the city. c _ .22.56.2080 DEFINITIONS Forof ned as follows: the purpose of the ordinance, defined specific words'and phrases used A) rborist: A specialist in the care and maintenance of trees. B) Certified arborist: A specialist in the care and maintenance Of trees and certified by the Western- Chapter of International Society of Arborculture (WCISA) or an equivale-*_ organization. C) Compensatory Pruning: Pruning that is necessary to be Performed to reinstate the proper root equilibrium. :niscd I?.:5.91 �) limb,. bran_.., ort_ootn9 c secarating fro a orotec==� =a _- ting shall also-nclude _a cr �earOCt c;•��`�ct:.on causing or contributing _^j;,ry to or other parts of a tree, by `fire, acoli_,_: of •toxic substances - r2n operation of machinery or. ecu - i p_^^er wa_ering; charging natural - or fig=-nc tae drip line are grade of land b_. a around the true{; or c', signs or artificial material thereby - tree. Y piercing the bark c' Diseased Trees: Trees afflicted by but not limited to a the-follcwing: insect infestation heart - slime flux, crown rot, leaf scorch, and root fungusxwhlcz -V be evaluated treated and re-evaluated in an effort to r=s'cr= or save the tree. _ C) Deadwood: Limbs, branches or a portion of a tree that contains no green leaves during a period of the year when g e leaves should be present. _ H) Director: Director of Community Development for the city of Diamond Bar or his/her designee. I) Drip Line: A line which may be drawn on the ground around a tree -directly under its outermost branch times a which identifies that location where rainwater tends to d from the trees. When depicted on a map,_ the dripline wily appear as an irregular shaped circle that follows the cont -our of the tree's branches as seen from overhead. J) Tree: Any oak, walnut, sycamore or pepper tree that meets a - least one of the following criteria: ` 1• All oak, walnut, sycamore, and pepper trees in excess of fifteen feet (15') in height or having a minimum single trunk circumference of fifteen inches (15,,) measured four feet (41) from lowest ground level; or Z. Multitrunked tree shall mean a tree with a division of its trunk having a total circumference of a minimum of thirtv inchelevels oro11) measured four feet (41) from lowest ground 3. A stand of trees which are dependent on each other for survival or dominance. K) horticulturist: A specialist in the care and maintenance of fruits, vegetables, flowers, or ornamental plants. L) Improved Lot: A lot having all pertinent utilities available, rough grading completed, and public improvementsabutting along the lot frontage. rn and I2.•''6J91 3 Um Vis:.._=..a _�... `•_—_ l"�� -~_ �a area ' «r Z:7 1 y _D ' e- t ten n.c-east a �s r(z - d ree J - ----- -r=-e,....--�e'•'e :.stance .is 0) PrL: i'?: :•ny and all work ` limbs of a tree. rk perfor ed upor, t e cots _. P) Re. -oval: Any action which will cause extraction of a tree. Q) Stand en trees: dependenCroup of trees the nature of r t uaon each other for survival, ++hich nat:es a_ R) ToPPirg: Also known as pollading. The perpendicular cuts on *main trunk or practice of materals res uakJ- flush °f.s,^„all brittle branches in, an unnatural growth ziting ein. Often used to decrease height.of trees. ` S) Tree Report: A written report prepared b containing specific information on the y a certified arbor_so potential impacts of develo meat location, conditicr. mitigation measures regarding recommended actions ; sycamore, and pepper trees on enne, or more oak, >:alr site, individual lot or pry -_-- T) Undeveloped Property: Refers to any parcelJ which does not contain physical an -rade improvemenOr parcels ts may be improved in conformance with development standards of the .zoning the applica---- the property is located. g classification wherE 22,56.2090 . EXEMPTIONS she following shall be exempt from the provisions of this ordinance: A. Trees held for sale by licensed nurseries and/or tree farms Cr the removal or transplanting of such trees for the purpose c cperating a licensed nursery and/or tree farm; B. A tree that is so damaged or diseased, and as such, is verifie1 by a certified arborist that it can not be effective;: preserved, or its presence is a threat to other protect trees; re,.Icd 12:15,91 _reel and _ :thin existi nc.or prcposed public rl* adequatel i ne-of-s where o gal or relocation is necessary to 'c_ ght distances and/or to keep street- _- Sidewalk easement clear of cbstruction as toga red by t o erg'^eer or his/her designee; --_. Rout'-ne maintenance which is need for the continued good of a ="=e including but not limited to re -oval of dea~ c ^ insect control spraying, and watering, Routine :main -mane= shall be limited to pruning of branches which do not exceed - (211) inch in diameter at the point of removal in acccrda-;c_ with -the latest guidelines published by the National Arccr' Association. _ 22.56.2100 PERMIT REQUIRED A permit shall be required for removing, trimming or relocating oak, sycamore, walnut or pepper trees as more fully set forth in sections hereinafter. n t A. No person, utility company, firm or corporation shall remove, relocate or destroy any designated tree within -the city lim including an applicant for building permit. its, B. A permit shall be required for the cutting or pruning of branches that exceed two (2) inch in diameter at the point of cut. The maximum amount allowed for the pruning of walnut, sycamore or pepper trees shall be twenty (20%) percent. T`:e r,aximum amount allowed for the pruning of oak trees shall ten (log) percent. be C. Topping shall be prohibited. by "thinning out,, of selected applicable requirements. .D. A permit for tree removal, associated with a development Director or his/her designee. 22.56.2110 The tree *crown shall be reduced branches in conformance with the tree location, or pruning not proposal shall be approved by the TREE REMOVAL/RELOCATION PERMIT APPLICATION An application for a tree removal/ relocation permit shall be filed, together with any required fee as set by resolution of the Citv Council, with the Director on forms provided for such purpose. The Director shall require a tree removal permit application together with any application for tentative subdivision maps or other applications rnscd 12:26;91 rel _cc: PZ; - __^_�� ,rOi:.:Gn'e•at rc,l`- as cr. a clot plan fn�_C`l3 yl0 ox,s`l.^.g. On-site tress pf a,_ _ ar. _-prove len S. Yrf n to proposed and ex,stlr.g _--=- the application strt_- apnlicaticn for development is asscci - the at - shall be plotted on a grading plan; of a 1 i ..rees „ D. Photographs of the entirety of any and all trees to be - or relocated; _ E• If a tree is proposed to be - shall be identified and site relocated, the relocati described; Preparation and relocation G t F. If a tree is proposed to be relocated, located, the proposed -e'->,,.-: removal shall be descr., ibed in writing by a certified arb �4 boric- - G•. The health of any .tree declared diseased, infested shall be verified by a writ ten.report of a cer o` d.y_ tified arboris- H• In addition, at the applicant's expense, the Director require additional written information by a certified arbor'_; to assist the Director in making a determination on a - removal permit application. The Director shall so specif;: Y writing, any additional information deamed necessary, price the application being considered complete.. - Subsequent to investigation, the Director shall approve, conditional'_; approve or deny the application to remove or relocate �, specified in this ordinance. The Director may necessary to is any tree (s) element the provisions of this s Chapter, conditions dee-ed ngbut not li:.lited to replacement of the removed or c t down including , the species, the quantity or the size commensurate with the aesthetic value of the tree(s) cutdown or removed. Conditions may also be imposed on -ee(s) relocation to another location on the property. 22.56.2_20 TREE PRUNING: PERMIT APPLICATION REQUIRED: No tree regulated by this Chapter shall be pruned except as provide; for herein or unless such is excepted from such permit. circumstances and procedures are as follows: r.:u:d ;=.=5.91. A. An ao^1_caticn s^all be submitted. which~shall f along «ion a written- conta_� the olio«ing information: 1. A statement as to reasons for the pruning; 2• A site plan depicting the location of the tree(s) to be Pruned in relation to all structures and improvements cf: t^e site'. Also the size, species and height of t^e tree(s) shall be designated in writing in relation to t^e plan; 3• Photographs of the tree(s) to be pruned. 4• Identification of the general ,The of branch removal. much detail as possible. The applicant shall specify the proposed cutting with as B. Upon receipt of the application, the Director shall review and investigate the application within thirty (30)days of receiving a complete application and evaluate the request to determine if it conforms to one of the f grounds for prunning. ollowing permissible 1• The condition of the tree(s) with respect to the interference of branches with existing structures or vegetation; 2. Structurally unsafe limbs and branches due to decay, cracking or splitting, or which may hinder the public health, safety, and welfare; 3. Tree (s) that are alleged to be out of proportion; C• At the discretion of the Director, the City may employ a certified arborist, at the sole cost of the applicant, t -- provide recommendations for pruning ofthe subject trees. 22.56.2130 APPEAL PROCEDDREs The decision of the Director may be appealed herein below: in the manner descriwe A. Administrative Decision. An appeal based on decisions by t-.-: Director shall be filed in writing with the secretary of t�•: Planning Commission, together with required appeal fee, wits:- ten (10) calendar days of the Director's action. The Planni-: Commission shall consider the matter at a public hearing ar•: may affirm or reverse wholly or in part the action upon wh'_:.`-. the appeal is based. revived 12r6/9i 3• PIanniay Ccc issicn Decision. N -~t if. -s'-en stall he f,ed-n ano�� _al ti' of y the _ e�nhy~ l0} ca_edar days l fol_ e Ci ^_.= c; r.c Com ssion. The ^_aq _`^e of the =--i.�^aC �rz or reverse -wholly or Inncil de y 'niss __.. 22.56.2150 EMERGENCY WAIVER The permit requirement may be waived if a tree Director to be in dangerous condition requiring is determined Preserve the public health, safety, the hncy event -OZ emergency caused by hazardous of dangerous tree, which condition o�c-_ an immediate threat to a= Department may authorizethedestruction orhere removal of or etre without first securing a permit. 22.56.2150 USE OF EXPLOSIVES The use of explosives shall be governed b y permit - ed from Department in conformance with the regul tionslssu enforced bre Firy sa Department. 22..56.2160 TREE REPLACEMENT STANDARDS A. Tree relocation is to be at another location on the site whenever possible. (A written report by a certified arborist is required concerning the feasibility tree.) of transplanting the B• Approval Period. Tree removal permits shall be effe unless appealed, following the ten ctive, (10j day appeal period and shall .be valid for a period of ninety (90) days, subject to extension.' The Director may, from time to time, upon good cause shown extend the permit (s) previously issued. Where the tree removal permit is associated with an development, the ninety (90) days commence on the application for shall earliest of either the date of final map recordation or the issuance of a building permit. C. To assist the City in making a determination, the applicant, .for a tree removal permit, may be required to submit an t-ivA 12.126/91 Q appraisal prenared by a certifiedf e arbor;_st to deter-'_ value o -_ �h_ tree(s) removed. Such inforaatiion utilized in determining tree replacement requirements. y D. Replacement trees shall be properly cared for and r„ainta,r.e.-; for -a period of five (5) years and replaced by the applicant cr permittee if mortality occurs within that period. D• Where feasible, replacement trees should be indigenous to =he area as determined by a certified arborist. G. Replacement standards for lots of one (1) acre or more steal' he as follows for trees defined in the Ordinance: Diameter Number Removed Replaced Min. Size 10" or under j 11" 14" 1 4 24" box 15" - 29" 1 4 36" box 30" plus 1 4 48" box 4 60" box Lots less than one (1) acre with existing improvements exempt from the above replacement are schedule unless Director determines that there are overriding consideration. The replacement for "trees defined in the Ordinance, on lots less than one .(1) acre with existing improvements, shall have a replaced ratio of 1:1. 22.56.2170 PROTECTION OF EXISTING TREES Care shall be exercised by all individuals,, developers, and contractors working near oak, sycamore, walnut, and pepper trees so that no damage occurs to such existing trees. All construction shall preserve and protect the health of trees to remain, be relocated, and new trees planted to replace those removed, in keeping with the following measures: A. All trees to be retained shall be enclosed by chain link fenciAg with a minimum height of five (5) feet or other means approved by the Director prior to. the issuance of any grading or building permit and prior to commencement of work, all.as in conformance with Section B, herein below. B. chain link fencing or other approved barrier shall be erected at least ten (10) feet outside of the dripline or twenty (20) feet from the trunk, whichever distance is greater. Said barrier shall remain in place during all phases of construction and may not be removed without the written consent of the Director at the completion of construction. rctifW 12R6f91 9 re cyc , _ - _ '3C, s :gn shall be a rg ::e 2 __- square and s1hall co.. __n� 'WARNING This fence shall not be sutho_s removed or relocated without ar= r_zati• on from the City of Diamond Bax. D. No disruction or removal of the structural or absor^t of any tree shall be permitted except as set for`h✓i„ G. E• No fill materials shall be placed within the drinline c_ - tree unless otherwise approved by the Director. - F. No No of the soil within the dripline of any tree s - be permitted. G. No construction, including structures and walls, that d:sr:::=s the root system shall be permitted. As a general guideline- cutting of the root system shall be permitted within a dist=nce equal to three and one-half times the trunk diameter~ measured at ground level. This distance may needs of individual tree species as determined b as y_ vary to meet t -e Where root removal is necessary,Y an arearis%. to be thinned to prevent wind damage. crown may be require_ verified by a certified arborist. g This shall also be 22.56.2180 TAGGING In the process of preparing a Tree Report; each tree is required to be phusicall,y marked for identification b The .following method of numbering the treess shall identify and locate the trees: y numbered tags. be used to easily A. A permanent tag, a minimum of one and one-quarter (1-1/411) inches to two (211) inches is to beused for identifying the trees. The tag must be made from a non- corrosive, all weather material and be permanently attached to the tree. B. The tag shall be located on the north side of the tree at a height of four and one-half (4-1/2') feet above the natural elevation. C. The Director shall approve the tags proposed for use prior to the installation of such tags. Sect_ penalty for violation of ordinance. r:vicd 17::6:9( - n _v It shall be unlawful icr any Person, corporation to vifirn, partners-::_,, of: _ any provision, or to fail to conpl wit the requirements of thi's Ordinance. ' Y = •-nY Person a;:-� = Corporation violating any provisionf r Bio P o_ this Ordinance o ne_s1 '�� _ comply with any of its recuirements, fa___.. _- '1isd.emeanor and upon conviction thereof shallbepunished b ualty c_ exceeding One Thousand Dollars ($1,000.00), or by i-lprisa f nt exceeding six (4) :-onths, or by both such fine and innrisorc nt. y such person, firm, partnership, or corporation shall be deemed aui'zv of a separate offense for each and every day or any erec during which any violation of this Orinance is Comm; portion ttted, continued r, c be deemed punishablemitted by such r therefore�a asprovidedpinothisrOrdinance•ar.d s:^.a _1 Section 5, civil remedies available. The violation of any of the provisions of this constitute a nuisance and may be abated b Ordinance sr.a__ Process by means of a restraining order, Y the City through civnl injunction or in any other manner provided�b Plaw.Suchy f pereanent abatement shall include, but not be limited to, seeking enforcement or such tree(s) in kind, size, and age, or in lieu thereof, paying tot of City the full apraised value of such tree(s), paying the determined by a professional appraiser selected �b said value to he cost of such appraisal to be paid by said person, y.the City, and the or corporation, all for the purpose of tree eplacementm� partnership, Section 6. Severabillity. The City Council declares that, should any provision, section. paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provision, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public Places within the City of Diamond Bar -within fifteen (15) days after its passage in the manner prescribed by Resolution NO. 89-6. ADOPTED AND APPROVED THIS day of 1992. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Sar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the rmxd 12/26191 11 day of -eetIng o t.`_� Ji77 �� ani was ' finally Passed aa _ o� ' .._ a tCity o4 � Diar.,Ord old ca t '- 15,2 by the fal'_cwing vote: —ieed 12.26,91 L2 g:' C! 3255_CN CF THS _..Y C MARCH 10, 1992 1 CLOSED SESSION: Personnel - G.C. 70 repertabl • e action taken. _.._2. CALL TO ORDER: 6/Kim called the meeting to order at 6:00n P.M. in Room CC -8, AQMD DiamondgBar21865 E. Copley Drive, PLEDGE OF ALLEGIANCE: The audience was Of Alle led in the Pledge ROLL CALL: giance by M/Kim. Mayor Kim, Mayor Pro Tem Pape., Councilmen Forbing, Werner. Miller and Also. present were Robert Nort, City Manager;L' Jan Arczynski, Cit Andrew p, DeStefano y Attorney; ,Tames Community Development Director; Engineer/Public Mousav1, City Robert Searc Works Director; Ann rt y' Associate Planner; Ann Lu £f , Planning Technician; Troy Manager; , Assistant to the City g . Kellee Fritzal, Administrative Assistant and Lynda Burgess, City Clerk. 3• DISCUSSION OF ORDINANCE NO. 92 -XX: COUNCIL OF THE CITY OF DIAMOND BpR REPEALING CE OF THE CITY CATER 22.56 OF DIVISION 1 OF TITLE 22 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND WING PART G OF PR CHAPTER N - OF DIVISION 1 OF TITLEA22PPERTAINING TO TREE PRESERVATION - PST 15 CDD/DeStefano reported that the Planning Commission adopted a resolution recommending adoption of a Tree Preservation Ordinance at a Public Hearing held January 13, 1992, The purposes of the Ordinance adopted b Los Angelesupon incCounty oak Tree proposed Tree Preservat n O Citd nance are osi filar on and the three major differences between the two ordinances i type of trees to be protected, replacement ratio and size criteria for trees to -be preserved. C/Miller opposed the proposed Ordinance for the following reasons: it prohibits anyone from topping trees on public or. private property; requirements to stringent; residents must complyprune a tree are too an arborist's report if they antwtohremovrecommendations mantree; ifmadtrin ee dies, a resident is liable for the replacement cost of the tree; if a resident prunes for three days, he can be assessed for three different violations; the Ordinance invades privacy; and it is in opposition to Fire Department regulations which all t'_"EES tJ be tr'- acatea�a`_-e^ �f t e-...me•d 4 feet off ground fc . y Ordinance is passed "`-' e.d• However, the financialthen it sticuld eTf=rce such .an impact to the Ci an c000sed impositionrdofanmorewola would rbe immense. He f,lrt-er community for a non-existent problem, of government on C/Werner concurred that the proposed Ordinance. goes fur than what he would have liked. He suggested that the yer replacement policy of the County Ordi2: 1 nance be updated e and h explained that replacing a 100+ year old oak tree with •gallon oak trees is not equivalent .. two he C/Miller referred to a SEATAC meeting held December 3, 1990 in which Mr. Hewitt, an arborist appointed to SEATAC, recommended that nothing larger than 15 gallon trees be used because larger trees would not acclimate as well as smaller trees. C/Miller further stated that he was not opposed to a 4:1 replacement to guarantee that more survive. He indicated that, between staff, the Planning Commission and the City Council, any replacement ratio desired can be required when a project is reviewed and that an Ordinance is unnecessary. MPT/Papen noted that specifications of the tree replacement ratio are based on whether a parcel is less than an acre or more, which is aimed at heavily dense acreage not yet developed. She suggested including language indicating this in the Ordinance instead of a uniform policy for each lot. C/Forbing stated that this Ordinance would charge residents of D.B. quite a lot of money and that the Ordinathe nce currently in place is sufficient for the City's needs. In addition, he felt that a 2:1 replacement adequate. He recommended ratio appeared directing staff to table this Ordinance and retain the current Ordinance. M/Kim expressed opposition to theproposed Ordinance because he felt it would invade privacy and usurp individual rights, it would be expensive t0 D.B. residents and it would require additional staff for enforcement. Don Gravdahl agreed that the Ordinance should be discarded in that it would be too expensive for any resident with trees on their property. Don Schad concurred that proposed restrictions on public property are too severe but felt that a 4:1 replacement requirement should be considered, giving flexibility in the size of the tree for each individual situation. He explained that there are many heritage trees in D.B. that are over 400 years old that should be preserved. Jack Nelson, Red Calkins, Marshall Wise and Ross Bilotta agreed. that the proposed Ordinance should Aot be adonrar9 u.A.R C: i because they felt ssa_ is unnecessary, freedo Is and takes away th '�, it takes away he chooses _ his '' e r-gn- of Proper -'- th s property. ty o«ners to _= "SPT/Papen _expressed concern that conducted as a. Council stud the ,eeting was not Hearing, y session but rather as aublicV Pub _... The Council agreed to allow the last audience member to spea;c. Roberta Ray stated that she does not want any more her freedom taken away and that the financial impact to thefcty to enforce such an Ordinance should be considered. Al Rumpilla noted that if the Chairman opens the study session to public comments, then it becomes a public hearing. C/Werner suggested that Mr. Schad develop feels are Heritage trees for Council review and direction to staff to keep an eye on those particular. trees. He stated that he felt that changing an existing Ordinance that has worked for years would not make a lot of sense and recommended that the Council disregard the amendment. By consensus of Council, 4. ADJOQRNMENT: 6:50 P.M. ATTEST: Mayor the proposed Ordinance was tabled. M/Kim adjourned the Study Session at LYNDA BURGESS, CITY CLERK CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: December 9, 1991 TO: Planning Commission FROM: Ann J. Lungu, Planning Technician SUBJECT: Tree Preservation Ordinance (Zoning Ordinance Amendment No, 91-5) BACKGROUND: On October 14, 1991, at a noticed public hearing, staff presented a final draft tree .preservation ordinance to the Planning Commission for review This preliminary draft, except for a few minor changes, met with the approval of the Planning Commission. At the October 14, 1991 meeting, the Commission directed staff to have the draft ordinance reformatted for the December 9, 1991 Planning Commission meeting. Attached to this memo are the following: 1. Final Draft Tree Preservation Ordinance; 2. Draft Resolution; 3. Staff report for the October 14, 1991 Planning Commission meeting; The Tree Preservation Ordinance was advertised within the San Gabriel Valley Tribune and the. Inland valley Daily 'Bulletin newspapers on October 3, 1991. The environmental evaluation shows that the Tree Preservation ordinance it Categorically Exempt pursuant to Article 5, Section 15061, (b), -(3) of the California Environmental Quality Act Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council approve the Tree Preservation Ordinance. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION of THE CITY OF DIAMOND BAR RECOMMENDING THAT THE COUNCIL OF THE CITY OF DIAKOND BAR APPROVE THE REPEAL OF THE OAK TREE PERMIT PROCESS AND THE REPLACEMENT OF SUCH WITH A TREE PRESERVATION ORDINANCE. A. Recitals. (i) The City of Diamond Bar is recognized for its unique and distinguished natural and improved physical environment. A major element of such physical environnent is the varieties of trees, including naturally occurring stands of oak, walnut, scyamore and pepper trees. These trees value to the community is such .that all reasonable efforts should be undertaken to preserve and enhance them. Such measures must also be balanced against the circumstances which may require the removal, relocation or maintenance of such trees. (ii) The City of Diamond Bar presently is without adequate regulations which serve to foster the preservation of such trees while responding to the needs of owners of tho properties on which such trees may be sited. (iii) The Planning Commission has extensively considered the issues related to a balanced tree preservation ordinance, and has, with the benefit of public input, developed a proposed tree preservation ordinance which it hereby recommends to the City Council for its review and adoption. (iv) All legal prerequisites to the adoption of this Resolution have occurred. I B. Rssoltation. NOW, THEREFORE, the Planning Commission of the City of Diamond Bar, California finds and resolves as follows: �. In all respects as set forth in the Recitals, Part A, hereinabove. ES CTION �. That the Diamond Bar Planning Commission recommends that the Council of the City of Diamond Bar approve and adopt the proposed tree preservation ordinance attached hereto as Exhibit "1". ECT�QN That the city of Diamond Bar is in the process of finalizing its draft General Plan and that, on the basis of such draft plan there is a reasonable probability that the intent of this ordinance will be consistent with the goals, Policies and objectives of the ultimate General Plan. Further, there is little or no probability of substantial detriment to or interference with the ultimately adopted general plan if inconsistencies are ultimately present because the preservation of both the. naturally occurring and introduced trees will enhance the City and the environment which will be of benefit to the present a "tature community. Finally, this action is undertaken in conformance with all applicable laws. Q.7CYON 4. The Planning commission finds and determines that the ordinance proposed by this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15307 of Division.6 of Title 14 of the California Code of Regulations. BECTIU -5. That the Secretary to the Planning Commission. deliver this resolution to the City Clerk. 1991. ADOPTED AND APPROVED this day of Chairman _• Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting o'f the Planning Commission of the City of Diamond Bar held on the day of , 1991, and was finally passed at a regular meeting of the Planning Commission of the City of Diamond Bar held on the day of , 1991, by the following vote:. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Secretary titcei �asaxarrcn■ � s Z ORDINANCE NO. 91 -XX AN•ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING PART 16 OF CHAPTER 22.56 OF DIVISION 1 OF TITLE 22 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ADOPING A NEW PART 16 OF CHAPTER 22.56 OF DIVISION 1 OF TITLE 22 PERTAINING TO TREE PRESERVATION. A. Recitals 1. The City Council of the City of Diamond Bar HAS her adopted Part 16 of Chapter 22.56 of Division 1 of Title 22 pertaining to oak Tree Permits. 2. It is the desire of the City Council to replace said regulations with new regulations broadening the scope of coverage afforded indiginous trees. 3. That the Planning Commission conducted duly noticed public hearings on this proposed ordinance, received testimony and closed such public hearing on December 9, 1991. It was determined that this project is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15307 of Division.6 of Title 14 of the California Code of Regulations. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Ordinance NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in Recitals, Part A, of this Ordinance. Section 2. Part 16 of Chapter 22.56 of Division l of Title 22 ( Sections 22.56.2050.et seq ) of the. Los Angeles County Code, as heretofore adopted, is hereby repealed in its entirety. Section 3. A new Part 16 of Chapter 22.56 of Division 1 of Title 22 of the Los Angeles County Code, as heretofore adopted, is hereby declared to read, in words and figures, as follows: 22.5.6.2050 ESTABLISHED m and I2f5/9t 1 PURPOSE The Tree Preservation Ordinance is established to create a master plan governing tree planting, maintenance, and removal; and to recognize cak trees, walnut -trees, sycamore trees, and pepper trees growing within the City which. area -_.significant historical, aesthetic, and natural resource definitive of the character of the City. Oak trees, walnut trees, sycamore trees, and pepper trees are worthy of protection. They are the prime source of oxygen, preserve the scenic beauty, prevent soil erosion, provide shade, protect wild life, and Pollution. It is relevant air to the public counteract peace, harmony, and welfare that such trees be protected from random removal or cutting, especially where such trees are related to a proposed development. 22.56.2060 INTENT It is the intent -of this ordinance to create regulations for the preservation and maintenance of oak trees, walnut trees, sycamore trees, and pepper trees within the City on public and private property so as to retain 'as many' of these trees as possible. It is .also the intent of this ordinance to perpetuate these trees through planting as development occurs. 22.56.2070 APPLICABILITY The provisions of this ordinance shall apply to all genus and species of oak trees, walnut trees, sycamore trees., and pepper trees on all public and private property within the City. 22.56.2080 DEFINITIONS For the purpose of the ordinance, specific words and, phrases used are defined as fol%rs: A) Arborist: A specialist in the care and maintenance of trees. B) Certified Arborist: A specialist in the care and maintenance of trees and certified by the Western Chapter of the International Society of Arborculture (WCISA) or an equivalent organization. C) Compensatory Pruning: Pruning that is necessary to be performed to reinstate the proper root equilibrium. mind 1215/91 2 D) Cutting: The detaching or separating from a .protected tree any.limb, branch, or root. Cutting shall also include pruning. E) Damage-: Any action causing or contributing injury to the root system or other parts of a tree, by fire, application Of toxic substances, operation of machinery or equipment; improper watering; changing natural grade of land by excavation or filling the drip line area around the trunk; or by attaching signs or artificial material thereby piercing the bark of the tree. F) Diseased Trees: Trees afflicted by but not limited to any of the following: insect infestation, heart rot,, exfoliation, slime flux, crown rot, leaf scorch, and root fungus which must be evaluated treated and re-evaluated,in an effort to'restore or save the tree. G) Deadwood: Limbs, branches or a portion of a tree that contains no green leaves during a period of the year when green leaves should be present. H) Director: -Director of Community Development for the City of Diamond Bar or his/her designee. I) Drip Line: A line which may be drawn on the ground around a tree directly under its outermost branch tips and which .identifies that location where rainwater tends to drip from the trees. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. J)' Tree: Any oak, walnut, sycamore or, -pepper tree that meets at least one of the following criteria: 1. All oak, walnut, sycamore, and pepper trees in excess of fifteen feet (151) in height or having a minimum single trunk circumference of, fifteen inches (1511) measured four feet (41) from lowest ground level; or 2. Multitrunked tree shall mean a tree witha division of its trunk having'a total circumference of a minimum of thirty in+dhes (3011) measured four feet (41) from lowest ground level; or 3. A stand of trees which are dependent on each other for survival. K) Horticulturist: A specialist in the care and maintenance of fruits, vegetables, flowers, or ornamental plants. L) Multi -trunk tree: A tree with a division of its trunk having a total circumference of a minimum of thirty inches (30") measured four feet (41) from lowest ground level and is fed from the same root system. mL�d 12J5/91 3 M) Protection Zone: The area within the dripline of a 'tree and extending to a point at least ten (10') feet outside from the dripline, or twenty (20,) feet from the trunk of a tree, whichever distance is greater. N) Pruning: Any and all work performed upon the roots or the limbs of a tree. O) Removal: Any action which will cause extraction of a tree. P) Stand of .trees: Group of trees the nature of which makes each dependent upon each other for survival. Q) Topping: Also known as pollading. The practice of making large perpendicular cuts on main trunk or laterals, resulting in a flush of small brittle branches in an unnatural growth pattern. Often used to decrease height of trees. R) Tree Report: A written report prepared by a certified arborist containing specific information on, the location, condition, potential impacts of development, recommended actions and mitigation measures regarding one or more oak, walnut, sycamore, and pepper trees on an individual site. lot or project S) Undeveloped Property: Refers to any parcel or parcels of land which does not contain physical man-made improvements, and may be improved in conformance with the applicable development standards of the zoning classification where the property is located. 22.56.2090 EXEMPTIONS The following shall be exempt from the provisions of this ordinance: A. Trees held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees for the purpose of operating a licensed nursery and/or tree farm; H. A tree that is so damaged or diseased, and as such, is verified by a certified arborist that it can not be effectively preserved, or its presence is a threat to other protected trees; C. Trees and shrubs within existing or proposed public right-of- way where their removal or relocation is necessary to obtain adequate line -of -sight distances and/or to keep street and sidewalk easement clear of obstruction as required by the City engineer or his/her designee; D. Routine maintenance which is actions need for the continued good health .of a tree including but not limited to removal ov: deadwood, insect control spraying, and watering. Routine maintenance shall be limited to pruning of branches which do not exceed two (211) inch in diameter at the point of removal in accordance with the latest guidelines published by the National Arborists Association. 22.56.2100 PERMIT REQUIRED A permit shall be required for removing, trimming or relocating oak, sycamore, walnut or pepper trees as more fully set forth in the sections hereinafter. A. No person, utility company, firm or corporation shall remove,. relocate or destroy any designated tree within the City limits, including an applicant for a building permit, without first obtaining a tree removal/relocation permit from the Director. H. No tree removal or relocation permit shall be issued for the removal or relocation of any oak, walnut, sycamore, or pepper tree on any lot associated with a proposal for development, unless all applicable discretionary approvals have been obtained from the City, or an emergency wavier is granted. C. A permit shall be required for the cutting or pruning of branches that exceed two (2) inch in diameter at the point of cut. The maximum amount allowed for the pruning of walnut, sycamore or pepper trees shall be twenty (20%) percent. The maximum amount allowed for the pruning of oak trees shall be ten (10%) percent: D. Topping shall be prohibited. The tree crown shall- be reduced by "thinning out" of selected branches in conformance with the applicable requirements. 22.56.2110 TREE REMOVAL/PJMOCATION PERMIT APPLICATION An application for a tree removal/ relocation permit shall be filed, together with any required fee as set by resolution of the City Council, with the Director on forms provided for such purpose. The. Director shall require a tree removal permit application together with any application for tentative subdivision maps or other applications for development. The application information: shall contain the following A. A statement as to the reasons for removal or relocation; mixd 1115191 B. The number, species and size (circumference as measured four feet from lowest ground level) and height of trees; C. The exact location of all existing on-site trees of all species on a plot plan in relation to proposed and existing structures and improvements. If the application is associated with an application for development, the location of all trees on-site shall be plotted on a grading plan; D. Photographs of the entirety of any and all trees to be removed or relocated; E. If a tree is proposed to be relocated, the relocation site shall be identified and site preparation and relocation methods described; F. If a tree is proposed to be relocated, the proposed method of removal shall be described in writing by a certified arborist. G. The health of any tree declared diseased, infested, or drying shall be verified by a written.report of a certified arborist; H.. In addition, at the applicant's expense, the Director may require additional written information by a certified arborist to assist the Director in making a determination on a tree. removal permit application. The Director shall so specify, in writing, any additional information deamed necessary, prior to the application being considered complete. Subsequent to investigation, the Director .shall approve, conditionally approve or deny the application to remove or relocate any tree(s) specified in this ordinance. The Director may impose conditions deemed necessary to implement the provisions of this chapter, including, but not limited to, replacement of the removed or cut down tree(s), the species, the quantity or the size commensurate. with the aesthetic value of the tree(s) cut down or removed. Conditions may also be imposed on tree(s) relocation to another location on the property. 22.56.2120 TREE PRUNING: PERXIT APPLICATION REQUIRED: No tree regulated by this Chapter shall be pruned except as provided for •herein or unless such is excepted from such permit. The circumstances and procedures are as follows: A. An application shall be submitted along with a written report' which shall contain the following information: 1. A statement as to reasons for the pruning; miKd 1215191 4 2. A site plan depicting the location of the tree(s) to c pruned in relation to all structures and improvements cf the site. Also the size, species and height of the tree(s) shall be designated in writing in relation to the plan; 3. Photographs of the tree(s) to be pruned. 4. Identification of the general scope of branch removal. The applicant shall specify the proposed- cutting with as much detail as possible. B. Upon receipt of the application, the Director shall review and investigate the application within thirty (30) days of receiving -a complete application and evaluate the request on the basis of the following criteria: 1. The condition of the tree(s) with respect to the interference of branches with existing structures or vegetation; 2.. Structurally unsafe limbs and branches due to decay, cracking or splitting, or which may hinder the public health, safety, and welfare; 3. Tree(s) that are alleged to be out of proportion; C. At the discretion of the Director, the applicant may be required to employ a certified arborist, at the sole cost of the applicant, to provide recommendations for pruning ofthe subject trees. 22.56.2130 APPEAL PROCEDURES The decision of the Director may be appealed in the manner described herein below: A. Administrative Decision. An appeal based on decisions by the Director that shall be filed in writing with the secretary of the Planning Commission, together with required appeal fee, within ten (10) calendar days of the Director's action. The Planning Commission shall consider the matter at a public hearing and may affirm or reverse wholly or in part the action upon which the appeal is based. B. Planning Commission Decision. An appeal of the decision of the Planning Commission shall be filed with the City Clerk, in writing, within ten (10) calendar days following the decision of the Planning Commission. The City Council shall hear the matter and may affirm or reverse wholly or in part the decis4o;. of the Planning Commission. 22.56.2150 EMERGENCY WAIVER The permit requirement may be waived if a tree is determined by the Director to be in dangerous condition requiring emergency action to preserve the public health, safety, and welfare. In the event of an emergency caused by hazardous of dangerous tree, which condition poses an immediate threat to person or property, the Director or the Fire Department may authorize the destruction or removal of without first securing a permit. such tree 22.56.2150 USE OF EXPLOSIVES The use of explosives shall be governed by permit issued from the Fire Separtment in conformance with the regulations enforced by said Department. 22.56.2160 TREE REPLACEMENT STANDARDS A. All tree removal shall require replacement with a size determined by the Director on the basis of the report. B. Tree relocation is to be at another location on the site whenever possible. (A written report by a certified arborist is required concerning the feasibility of transplanting the tree.) C. Approva=l Period. Tree removal permits shall be effective, unles,8*_,SWealed, following the ten (10) day appeal period and shall -&a valid for a period of ninety (90) days, subject to extension. The Director may, from time to time, upon good cause shown extend the permit (s) previously issued. where the tree removal permit is associated with an. application for development, the ninety (90) days shall commence on the earliest of either the date of final map recordation or the issuance of a building permit. D. To assist the Director in making a determination, the applicant, for a tree removal permit, may be required to submit an appraisal prepared by a.certified arborist to determine the mvised 1215/91 value of the tree(s) removed. Such informatiion may ca utilized in determining tree replacement requirements. E. Replacement trees shall be properly cared for and maintained for a period of five (5) years and replaced by the applicant c - permittee if mortality occurs within that period. Where feasible, replacement trees should be'indigenous to the area as'determined by a certified arborist.. 22.56.2170 PROTECTION OF EXISTING TREES Care shall be exercised by all individuals, developers, and contractors working near oak, sycamore, walnut, and pepper trees so that no damage occurs to such existing trees. All construction shall preserve and protect the health of trees to remain, be relocated,. and new trees planted to replace those removed, in keeping with. the following measures: A. All trees to be retained shall be enclosed by chain link fencing with a minimum height of five (5) feet or other means approved by the Director prior to the issuance of any grading or building permit and prior to commencement of work, all as in conformance' -with Section B, herein below. B. Chain link fencing or other approved barrier shall be erected at least ten (10) feet outside of the dripline or twenty (20) feet from the trunk, whichever distance. is greater. Said barrier shall remain in place during all phases of construction and may not be .removed without the written consent of the Director at the completion of construction. C. Unless otherwised approved by the Director, signs must be installed on the barrier in four locations equidistant around each trae. The size of each sign shall be a minimum of two (2) feet by two (2) feet square and shall contain the following language: WARNING This fence shall not be removed or relocated without written authorization from the City of Diamond Bar. D. No disruption'or removal of the .structural or absorptive roots of any tree shall be permitted except as set forth in Section G. r"md 121519[ E. No fill materials shall be placed within the dripline of an v tree unless otherwise approved by the Director. F. No compaction of the soil within the dripline of any tree shall be permitted..._ G. No construction, including structures and walls, that disrupts the root system shall be permitted. As a general guideline, no cutting of the root system shall be permitted within a distance equal to. three and one-half times the trunk diameter as measured at ground level. This distance may vary to meet the needs of individual tree species as determined by an arborist. Where root removal is necessary, the tree crown may be required to be thinned to prevent wind damage. This shall also be verified by a certified arborist. 22.56.2180 TAGGING In the process of preparing a Tree Report, each tree is required to be phusically marked for identification by consecutively numbered tags. The following method of numbering the trees shall be used to easily identify and locate the trees: A. A permanent tag, a minimum of one and one-quarter (171/411) inches to two (211) inches is to be usedfor identifying the trees. The tag must be made from a non- corrosive, all weather material and be permanently attached to the tree. B. The tag shall • be located on the north side of the tree at a height of four and one-h'`Llf feet above the natural elevation. C. The Director shall approve the tags proposed for use prior to the installation of such tags. Section 4. Penalty for violation of ordinance. It shall be unlawful for any person, firm, .partnership, or corporation to violate any provision, or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this ordinance, or failing to comply with any of its requirements, shall' be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and inprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this Orinance is committed, continued, or permitted by such person, firm, partnership, or corporation,, and shall be deemed punishable therefore as provided in this Ordinance. Section S. Civil remedies available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of. a restraining order, preliminary or permanen- injunction or in any other manner provided by law for the abatement cf nuisance. Section 6. Severabillity. The City Council declares that, should any provision, section, paragraph, sentence, or word'of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdicticn, or by reason of any preemptive legislation, the remaining provisicn, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution N0. 89-6. ADOPTED AND APPROVED THIS day of , 1991. Mayor I,, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing ordinance was introduced at a regular meeting of'the City Council of the City of Diamond Bar held on the day of 1991, and was finally passed at a regular meeting of the City Council of the City of Diamond held on the day of , 1991 by the following vote: rc iud 1215191 11 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 3 REPORT DATE: October 2, 1991 MEETING DATE: October 14, 1991 CASE/FILE NUMBER: Zoning Code Amendment 91-5 APPLICATION REQUEST: Proposal to amend certain provisions of the Los Angeles County Code as adopted by Diamond Bar, pertaining to Tree Preservation. PROPERTY LOCATION: 21660 E. Copley Drive Diamond Bar, CA 91765 APPLICANT: City of Diamond Bar PROPERTY OWNER: N/A BACKGROUND: On May 19, June 21, and August 8, 1991 the staff presented "rough drafts" of a tree perservation ordinance for. review by the Commission. The purpose Of the reviews was to draw upon the Commission for their. comments concerning a future Tree Preservation Ordinance for the City of Diamond Bar. Each time a draft was presented'to the Planning commission for their comments, the staff would make appropriate changes. Now is the time to make definitive decisions in order to formulate a tree perservation ordinance for the City. APPLICATION ANALYSIS: At the present time, the City is using the Los Angeles County Planning and Zoning Code pertaining to oak tree permits (Section 22.56.2050 thr14 22.56.2260). The intent of the draft Tree Preservation Ordinance is to deal with a wider variety of trees in our community than the: existing Oak Tree Preservation ordinance of Los Angeles County. The purpose of the draft ordinance is to establish rules, regulations, and policies governing tree planting, maintenance, preservation, propagation, and removal of trees. In preparing the drafts for the tree ordinance, research was done using ordinances which are in effect at other cities. Sections were taken from these ordinances which seem compatible with our community for our purpose and intent. The following cities' tree preservation ordinances were used: CITY Thousand Oaks --------------------. Rancho Cucamonga------------------ LaVerne--------------------------- Los Angeles County -------- --------- San Marino ------------------------ San Dimas ------------------------- TREE TYPE oak trees; eucalyptus, palm, Oak, Sycamore, pine, and other trees growing within the City which are a natural aesthetic resource that help define the character of the City; Deodar Cedar, Camphor Tree, Coast Live Oak, Engelmann oak, California Sycamore, -and Southern California Black Walnut; oak trees; - Thirty -one (31) tree species; Preservation and protection Of oak trees and mature sig- nificant trees, as well as other trees which are deter- mined to be desirable, growing within the City. Rancho Cucamonga is reevaluating their tree ordinance. At this time, it appears that their ordinance•will be strengthened to include oak and Sycamore trees. It will be softened by lowering the replacement ratio of Bluegum Eucalyptus trees... There are still several issues which need to be addressed in our draft tree preservation ordinance. The main issue is how restrictive this ordinance ought to be. Within this main issue are several specific issues are as follows: 1. What criteria should be used to identify trees to be preserved? Some cities use size as criteria for deciding which trees to preserve. An example would be a tree which is fifteen feet (151) in height, and has a circumference of fifteen inches (1511) or more measured four feet (41) above the lowest ground level. The above mentioned figures concerning height and circumference were chosen because a majority of trees, especially hardwood trees are considered to have reached maturity at this size. An oak tree would be approximately fifty (50)' years old and a sycamore would be approximately ten (10) years old. Box Size Height Diameter 2410 8' -10'11 3611 12'-13' 2�t1 4811 special order varies 60t1 special order varies Another option to consider for the City is to contract with an arborist who would recommend the replacement ratio based on the individual project. 4. Does the City wish to insure that a replacement tree will received the proper care and maintenance for a designated period of time? The City of LaVerne uses a cash.bond, paid to the City, in a dollar amount determined by the Director of Public Works for a designated.period of time. Information contained within this report was acquired from'Rick Hume of Forma, Craig Weber of Weber and Associates, Don Shad, and Charles Janiel, Director of Parks and Maintenance. Attached to this report is a copy of the draft Tree Preservation Ordinance, and Tree Management Guidelines. ENVIRONMENTAL ASSESSMENT: Categorically Exempt pursuant to Article 5, Section 15061, (b), (3) of the California Environmental Quality Act Guidelines. RECOMMENDATIONS: Direct staff to prepare a "final". ordinance with the following conditions: 1. Press 0 trees which are fifteen feet (151) in height and have a circuaference of fifteen inches (1511) measured four feet (41) above the -lowest -ground level. 2. Activate the Tree Preservation Ordinance on property based on lot.size and species as follows: a. A lot of 20,000 square feet or less would be required to preserve oak, walnut,' black walnut, or sycamore trees; b. Parcels larger than 20,000 square feet in area would be required to comply with all aspects of the Tree Preservation Ordinance; Other cities use species or a combination of species and size for a criteria for trees to be preserved. The City must decide what criteria it desires to use for the preservation of trees. DO__we_ want to use size, species or a combination of both size and species for our criteria? 2• What are the minimum lot size standards for activation of a tree preservation ordinance? Some cities have the same standards for single family residential, multi -family residential, and commericial properties. Other.cities have different standards for private property based on zoning. In the City of LaVerne, their tree preservation ordinance is activated on properties of one acre or more zoned for r e s i - dential use. In the City of San Marino, their tree preservation ordinance is activated on the basis of tree species. Another standard for private property could -be that tree preservation be based on the size of the lot and the tree species. If a lot is 20,000 square feet in area or less, the only time the tree preservation ordinance would be activated is if there are oak, walnut, black walnut, or sycamore trees on the property. In that case, the property owner would be required to abide by the tree preservation ordinance. Lots larger than 20,000 square feet in area, in.all zones and undeveloped areas would be required to comply with all aspects of the Tree Preservation Ordinance., 3• What replacement ratio and size of replacement tree would be appropriate for the City,s tree preservation ordinance? Some of the cities researched have replacement ratios such as four to one (4:1) as well as a specific minimum,,;.size for replacement. The minimum size replacement in the City of Laverne for a parcel .of one (1) acre or more is as follows: Diameter Number Removed Replaced With Min.Size 10" or.under 1 4 24" box 10"-14" 15"-29" 1 4 36" box 3001+ 1 4 48" box 4 60" box According to a local wholesale nursery (Bergen's in Brea)'which specializes in the sale of boxed trees, the following size Coastal Live Oak Tree, a slow growing tree, is contained in the following size box: 3. Replacement Ratio: a. On lots of 20,000 square feet or less, contract with an arborist to decide the replacement ratio; b. On parcel of. more than 20,000 square feet, the replacement ratio shall be four to one (4:1). 4. Care and maintenance program for a designated period of time shall be secured by a cash bond, paid to the City, .in a dollar amount determined by the Director of Public Works. Attachments: Draft Heritage Tree Preservation Ordinance Tree Management Guidelines Los Angeles County Planning and Zoning Code pertaining to Oak Trees Rancho Cucamonga's Tree Preservation Ordinance LaVerne's Tree Preservation Ordinance San Marino's Tree Preservation Ordinance HERITAGE TREE PRESERVATION ORDINANCE PURPOSE The Heritage Tree Preservation Ordinance'is established to create a master plan governing tree planting, maintenance, and removal; and to recognize oak trees, walnut trees, sycamore trees, and other heritage trees growing within the City which are a significant historical, aesthetic, and natural resource definitive of the character of the City. Oak trees and heritage trees are worthy of protection. They are the prime source of oxygen, preserve the scenic beauty, prevent soil erosion, provide shade, protect wild life, and counteract air pollution. It is relevant to the public peace, harmony, and welfare that such trees be protected from random removal or cutting, especially where such trees are related to a.prcposed development. INTENT It is the intent of this ordinance to create regulations for the preservation and maintenance of oak and heritage trees within the City on public and private property so as to retain as many trees as possible. It is also the intent of this ordinance to perpetuate oak and heritage trees through planting as development occurs APPLICAB:ELITY The provisions of this ordinance shall apply to all oak and heritage trees on all public and private property within the City. DEFINITIONS For the purpose of the ordinance, specific words and phrases used are defined follows: Arborist: A specialist in the care and maintenance of trees. Certified Arborist: A specialist in the care and maintenance of trees and certified by the Western Chapter of the International Society of Arborculture (WCISA). Compensatory Pruning: Pruning that is necessary to be performed to reinstate the proper root equilibrium. Mvimd IW9/91 Cutting: The detaching or separating from a protected tree any limb, branch, or root. Cutting shall also include pruning. Damage: Any action causing or contributing injury to the root system or other parts of a tree, by fire, application of toxic substances, operation of machinery or equipment; improper watering; changing natural grade of land byexcavation or filling the drip line area around the trunk; or by attaching signs or artificial material thereby piercing the bark of -the tree. . Diseased Trees: Trees afflicted by but not limited to any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, and root fungus which must be evaluated treated and re-evaluated in an effort to restore or save the tree. Deadwood: Limbs, branches or a portion of a tree that contains no green leaves during a period of, the year when green leaves should be present. Director:. Director of Community Development for the City of Diamond Bar. Drip Line: A line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree,'s branches as seen from overhead. Heritage Tree: Any tree, shrub, or plant that meets at least one of the following criteria: 1. All oak, walnut or sycamore trees 2. All woody plants in excess of fifteen feet (151) in height or having, a minimum single trunk circumference of fifteen inches (15") measured four feet (41) from lowest ground level; or 3. Multitrvnked tree shall mean a tree with a division of its trunk having a total circumference of a minimum of thirty inches (30") measured four feet (41) from lowest ground level; or 4. A stand of trees which are dependent on each other for survival; or 5. A natural occuring tree in the landscape or a tree which is indigenious to the area to retain the natural environment. mind IWt9i Horticulturist: A specialist in the care and maintenance of fruits, vegetables, flowers, or ornamental plants. Oak Tree Report: A written report prepared by a certified arbor.ist_containing -specific information on the location, condition, potential impacts of development, recommended actions and mitigation measures regarding One or more oak trees on an individual lot or project site. Private Property: Land not owned by a government agency. Protection Zone: The area within the dripline of a heritage tree and extending to a point, at least ten (1o') feet outside from the dripline, or twenty (201) feet from the trunk of a tree, whichever distance is greater. Pruning: Any and all work performed upon the roots or the limbs of a heritage tree. Removal: Any action which will cause extraction of a heritage tree. Routine Maintenance: Actions needed for the continued good health of.a heritage tree including but not -limited to removal of deadwood, insect control spraying, and watering. Routine maintenance shall be limited to medium pruning of branches not to exceed two (2") inch in diameter in accordance with the latest guidelines published by the National Arborists Association. Undeveloped Property: Refers to any parcel or parcels of land which does not contain physical man-made improvements, and may be improved in conformance with the applicable development standards of the zoning classification where the property is located. EXCEPTION The following shall .be ordinance: exempt from the provisions of this A. Trees planted, grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees for the purpose of operating a licensed nursery and/or tree farm; B. A tree that is so damaged or diseased, and as such, is certified by the City that it can not be effectively preserved, or its presence is a threat to other protected trees; mvind 1"/91 3 B. A tree that is so damaged or diseased, and as such, is certified by the City that it can not be effectively preserved, or its presence is a threat to other protected trees; C. Trees and shrubs within existing or proposed public right-of-way where their removal or relocation is necessary to obtain adequate line -of -sight distances and keep street and sidewalk easement clear of obstruction as required .by the City engineer or his/her designee; PERMIT REQUIRED A permit shall be required for removing, trimming or relocating a heritage tree. A. No person, utility company, firm or corporation shall remove, relocate or destroy any or heritage tree within the City limits, including an applicant for a building permit,. without first obtaining a tree removal permit from the Director. B. No tree removal permit shall be issued for the removal of any heritage tree on any lot associated with a proposal for development, unless all discretionary approvals have been obtained from the City, and unless emergency wavier is granted. C. A permit shall be required for the cutting or pruning of branches that exceed two (2) inch in diameter. The maximum amount allowed for the pruning of heritage trees shall be twenty (20%) percent. The maximum amount allowed for the pruning of oak trees shall be ten (10%) percent.' D. ' Topping shall be prohibited. The tree crown shall be .reduced by "thinning out" of selected branches. OAR TREE/HERITAGE TREE PERMIT APPLICATION An application for a tree removal/ relocation permit shall be filed, together with any required fee as set by resolution of the City Council, with the Director on forms provided for the purpose. The Director shall require a tree removal permit application together with any application for tentative subdivision maps or other proposal for development. The application shall contain the following information: A. A statement as to the reasons for removal or relocation; B. The number, species and size (circumference as measured four feet from lowest ground level) and height of trees; C. The exact location of all trees on-site on a plot plan in relation to structures and improvements. If the application is associated with a proposal for miwd 1019191 4 development, the location of all trees on-site shall be .plotted on a grading plan; D. Photographs of the trees to be removed or relocated; E. If a tree is proposed to be relocated, the relocation site shall be identified and__, site___preparation and relocation methods described; F. If a tree is proposed to be removed, the proposed method of removal shall be described in writing by a certified arborist. G• The health of any tree declared diseased, infested, drying shall be verified by a written report or of a certified arborist; H. In addition, the Director may cause to be prepared, at the applicant's expense, a written report by a certified arborist to assist in making a determination on a tree removal permit application. .Subsequent to investigation, the Director shall approve, conditionally approve or deny the application to remove or relocate any heritage tree(s). The Director may impose conditions deemed necessary to implement the provisions of. this Ordinance, including, but not limited to, replacement of the removed or cut down tree(s), the species, the quantity or the size' commensurate aesthetic value of the tree(s) with the cut down or removed. Conditions may also be imposed on tree(s) location to another site on the property provided that the environmental conditions of the new location is favorable to the survival of the tree(s) and that such relocation is accomplished by a certified arborist. HERITAGE TREE PRMXG PERKIT There may be circumstances under which live and dead tissue my be removed with the required permit. The circumstances and procedures are as follows: A. An application shall be submitted along with a report which shall contain the following information: 1. A statement as to reasons for the pruning; 2. The location of the tree(s) to be pruned on a site plan in relation to all structures and improvements of the site. Also the size, species and height of the tree(s) shall be designated on the site plan; 3. Photographs of the tree(s) to be pruned brought to the Director prior to the issuing of a permit. B. Upon receipt of the application, the Director shall investigate the site and evaluate the request, on the basis of the following criteria: 1. The condition of the tree(s) with respect to the interference of branches to existing structures; 2. Structurally unsafe limbs and branches due to decay, cracking or splitting; mind 1&9/91 3. Tree(s) that are suspected of being unbalanced; C. At the discretion of the Director,. a certified arborist may be call upon to provide recommendations for pruning of trees. APPEAL PROCEDUREs Any person aggrieved by the denial or approval of a tree removal permit shall be allowed recourse of appeal in the following manner: A. Administrative Decision. Appeal based on decisions by the Director may be filed by an aggrieved party with the Planning Commission. Such an appeal shall be filed in writing with the secretary of the Planning Commission, together with any appeal fee, within ten (10) calendar days.of the decisive action. The Planning Commission may consider the matter and may affirm or reverse wholly or partly the action in question. B. Planning Commission Decision. Appeal of -decision by the Planning Commission may be filed with the City Clerk, in writing, within ten (10) calendar days following the decision of the Planning Commission. 'In this case, the City Council will consider the matter and may affirm or reverse wholly or partly the action in question. C. Approval Period. Tree removal permits shall be effective following the ten (10) day appeal period and shall be valid for a period of ninety (90) days, subject to extension. Where the tree removal permit is associated with a proposal for development, the ninety (90) days shall start from the date of final map recordation or building permit, which ever comes first. EMERGENCY WAIVER Where a tree is determined by the Director to be in an eminently dangerous condition requiring emergency action to preserve the public health, safety, and welfare, the permit requirement may be waived. In the event of an emergency caused by hazardous of dangerous tree, which condition poses an immediate threat to person or property,--. the fire department may authorize the destruction or removal of sfbh tree without securing a permit. USE OF EXPLOSIVES All persons engaged in removing trees and desirous of using explosives for this purpose with in the City limits, shall first obtain approvals from the City Building Department and the Fire Department. These approvals shall be noted on the tree removal permit prior to issuance by the Director: In addition, applicant shall furnish such bond or insurance as necessary for the revised 1W91 Protection of surrounding property from any possible damage which might result from the use of explosives. HERITAGE REPLACEMENT A. All heritage tree removal shall require replacement with the largest nursery -grown tree(s) available, or a size determined by the Director. B. Heritage tree relocation is to be at another location on the site whenever possible. A written report by a certified arborist is required concerning the feasibility of transplanting the tree. C. The Director shall condition tree removal permit for replacement of tree(s) within a specific time period. D. To assist the Director in making a determination, the applicant for a tree removal permit may be required to submit an independent appraisal prepared by a certified arborist to determine the replacement value of the tree(s) removed. E. Replacement trees shall be properly cared for and maintained for a period of .three (3) years and replaced by the applicant or permittee if mortality occurs within that period. F. Where feasible, replacement trees should be indigenous to the area as determined by a certified arborist. PROTECTION OF ESISTING TREES Care shall be exercised by all individuals, developers, and contractors working near oak trees and heritage trees so that no damage occurs to such trees. All construction shall preserve and protect the health of trees to remain, relocated, and new trees planted to replace those removed in keeping with the following measures: A. All trees. to be saved shall be enclosed by chain link fencing with a minimum height of five (5) feet or other acceptable means to the Director prior to the issuance of any grading or building permit and prior to commencement of work. B. Chain link fencing or other acceptable barrier shall be erected at least ten (10) feet outside of the dripline or twenty (20) feet from the trunk, whichever distance is greater. Said barrier shall remain in place during all phases of construction and may not be removed without the written consent of the Director at the completion of construction. C. Signs must be installed on the fence in four locations equidistant around each tree. The size of each sign shall be a minimum of two (2) feet by two (2) feet square Mviacd MOM and shall contain the following language: WARNING D. No disruption or removal of the structural or absorptive roots of any tree shall be performed. E. No fill materials shall be placed within the dripline of any tree. This is a guideline and is subject to modification to meet the needs of individual tree species as determined by a certified arborist. F. No compaction of the soil within the dripline of any tree shall be permitted. G. No construction, including structures and walls, that disrupts the root system shall be permitted. As a general guideline, no cutting of the root system shall be permitted within a distance equal to three and one-half times the trunk diameter as measured at ground level. This distance may vary to meet the needs of individual tree species as determined by an arborist. Where some root removal .is necessary, the tree crown _may require thinning to prevent wind' damage. This sha11 also be verified by a certified arborist. TAGGING In the process of preparing a Heritage Tree Report, each tree is required to be numbered. The following method of numbering the trees shall be used to easily identify and locate the oak trees and/or heritage trees: A. A permanent tag, a minimum of one and one-quarter (1-1/4") inches to two (2") inches is to be used for identifying the trees. The tag must be made from a non- corrosive, all weather material and be permanently a hed to the tree. B. - ag shall be located on the north side of the tree at fight of four and one-half (4-1/21) feet above the al elevation. . - -x ;45i The Department of Community Development through its Code Enforcement Officer shall vigorously enforce the provisions of the Heritage Tree Preservation Ordinance. Also, in the course of their regular duties, the Departments of Building and Safety, Engineering, and Public Works will check activities on-site on a ,tea tY9Ai daily basis. Any irregularities or suspected violations will be reported immediately to the Code Enforcement Officer. When any construction or work is being performed contrary to the provisions of the Heritage Tree Preservation--Or-d-finance, a City inspector -may--issue"written notice to the responsible party to stop work on the project. The notice shall state the nature of the violation or danger. No work shall be allowed to take place until the violation or danger is rectified to the city's satisfaction. Each day of violation shall be considered a single offense. The Enforcement Officer is empowered to issue citations for violations of any provisions of this ordinance. punishable by a fine up to one thousand dollars (EacEachh violation is $1,000.00) and/or six (6) months in jail. Each day an offense is allowed to continue may be considered as a separate offense and prosecuted accordingly. CITY LIABILITY DISCLAMER Nothing contained in this Heritage Tree Preservation Ordinance or in the Tree Management Guidelines shall be deemed to impose any liability upon the City of Diamond Bar; its officers or employees, nor to relieve the owner of any private property from -the duty to keep Heritage Trees on his or her property or under his or her control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, boulevard, alley or public place within the City. No person, firm, or corporation shall interfere with the Director of Community Development, City Engineer or persons acting under their authority while engaged in any of the activities which are required for the preservation, protection, maintenance, or management of Heritage Trees within the City of -Diamond Bar. SEVERABILLITY Should any part of this ordinance be declared by a court of law to be invalid, this shall not effect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid. mviwd Iasn1 TREE MANAGEMENT GUIDELINE Care and Maintenance All trees depend on certain essential elements to grow and remain healthy such as water, air, soil, nutrients, and a balanced ecosystem. _When one or more of these elements are disturbed by change or removal, the natural function of a tree will be interrupted. Whether this change is small -or great, a tree may not be able to adjust. This inability to adjust will cause the decline and/or death of a tree. The,purpose of .the following text is to be a guide. It is meant to assist in taking the proper steps for the care and maintenance of trees and to reduce the level of disturbance to trees. SELECTION When selecting trees, choose trees. that are native or known to adapt to the area where planting is being considered. Selecting trees that will not adapt will produce a disturbance of some kind allowing for the trees to fall prey to insects, disease, and other problems which will eventually lead to their decline or death. In some instances, it may take years before a particular species is effected In many cases, trees are not susceptible to injury until they have grown in size. As a result, their treatment or removal can be expensive. Take an inventory of the species of trees which are growing in the area. If the species are not recognizable, take samples, compare them to pictures or books of trees or ask'a' local nurseryman, forest ranger 'or other expert to identify the samples. In summary, select native trees them from a reputable nursery. insects and disease. Also, representatfto mix of the area. PLANTING that exist in the area. Purchase Select trees that are free of balance the planting with a Planting is when the tree is merely being transferred from its. container to the growing area. Choose an area that will accommodate the eventual size of the tree. Have water, nutrient, and other planting material readily available. zr:s.va I0-9-91 Place the tree, while in its container, at the spot where it will be planted to help visualize the location with the tree. Once the final location has been determined, dig the hole slightly larger than the container's ize.. The tree should be planted slightly above the grade which will allow for settling. Form a basin around the root ball for the purpose of collecting water for penetration without runoff. Water and nutrients'are always applied from the surface down, not in the bottom of the hole.. Back fill the hole with the tree in it with native soil. Remember to keep the soil moist and well drained. Approximately evety four weeks apply nutrients. Newly planted oak trees may need watering during their first summers. In the case of established oak trees on a site which are to remain where located, do not over water. Improper watering can be the cause of a tree's decline and eventual death which can take years. At the point when a tree shows signs of obvious decline, it is too late to .correct the damage. Over watering, especially done during the summer months, is especially detrimental. It creates ideal conditions for Oak Root Fungus by allowing the fungus to breed all year. Further more, both deciduous oak trees and evergreen trees do most of their growth in the spring and naturally go dormant in the summer. As a result, extra watering only encourages new tip growth which is subject to mildew. During the summer period oak trees need to rest. Dry summers and winter rain is, for the most part, the seasonal weather pattern for this region. Oak trees are naturally drought tolerant and adapted to this region's weather pattern. Trees that are healthy and thriving do not require additional watering. The only time supplemental watering may be required (but with caution) is when the natural source of surface or underground water has been altered: This supplemental watering should occur only when the tree.would normally receive moisture -- if the rains are late or if in the spring -the rainfall is below normal levels. STARING The main reisons for staking a tree are for structural support, training, -restoration period, and shipping otherwise should not reed to be staked. a tree When purchasing a tree, be certain it can stand alone without the aid of a stake. The problem with a stake or cable is they are not periodically inspected and as a result can cause damage to a tree. When it is necessary to use a stake or cable, make sure the tree has no growth restrictions and necessary adjustments can be made to accommodate the growth of the tree: Revised 10.9.91 IRRIGATION Watering is the most complex element concerning the care and maintenance of trees and is the cause of most problems. There is no prescribed method or standard answer. There is a "common sense" approach to watering. Moist is enough._ Soil which is in the root zone should be moist and have good drainage. " Moist" is what the ground looks like and feels like the next day or so after irrigation or rain. Mature trees should have moisture eighteen inches (18") to thirty-six inches (3611) in depth and outward toward the dripline. In a small area, use your index finger as a.guide to probe the soil to check for moisture. In a larger area and for mature trees a soil probe is essential in determining the level of moisture in the soil. Remember that newly planted trees are more susceptible to stress from lack of water. Keep a log on frequency of watering and the quantity of water. GRADING/CONSTRUCTION GUIDELINES The area in and around an existing tree is very sensitive. Minor activity in this area can be disruptive to an existing tree because a majority of the root systems are shallow and occupy the upper eighteen (1811) inches of the soil. Park all vehicles in a designated parking area. Storing materials and parking construction vehicles within the protection zone can cause damage to the roots leading to the loss of the tree itself. Cooperate with the instructions of the arborist during grading and construction. Observe the protective barriers and the limits of grading near all trees on the site. Report any damage to any tree as soon as possible. Do not remove or alter a barrier or tag which is used to designate the tree and its protection zone. If it becomes necessary to do the fore mentioned, seek the advice of a certified arborist. Do not dispam of any oil, hydraulic fluid, filters, chemicals, pesticides, fertilizers, foreign substances or trash anywhere on the property -except in designated areas and in designated receptacles by the City:. Rowed 10.9-91 NUTRIENTS For trees that are healthy, the only element generally required is Nitrogen because it will leach out of the root zone rapidly. All other necessary elements are found in the soil in generous amounts. --When-using Nitrogen; follow -the instruction on the container or. consult a certified arborist. Generally, Nitrogen can be applied in the spring and throughout the summer. Discontinue feeding during the winter. If an area is left natural, there will be sufficient organic materials available for trees. As a result, supplemental feeding will not be necessary. Younger trees and trees under attack by boring ,beetles will require additional nitrogen to encourage growth. PEST CONTROL There are generally two categories for the control of injurious pests. The first category is preventive care. The second category is identification and treatment. Preventive treatment is the best form of keeping trees pest free and healthy. Observation of existing conditions and surrounding landscaping will supply the best clues which may be linked to a tree's decline. Periodically, photograph the trees and the surrounding area. This will provide a record of foliage color, density, size, and any other signs of distress that my escape your attention. Also check for sap bleeding. If any of these conditions are evident, consult a certified arborist. DIAGNOSIS Using the correct tools is important for a successful diagnosis. These tools should consist of a soil probe, 14x hand lens, hand trowel, and a stout knife for prying off pieces of bark. Approximately eighty percent (so%) of all problems are cultural in origin. Disease and insects are secondary and rarely reach the level of irreversible when a tree is.in a healthy condition. Listed below are basic steps to follow when examining a tree. 1. Basal Area: Examine the crown and roots at and below the soil line. This area is where insects and disease begin to do their damage. Remove the soil adjacent to the trunk and inspect the small roots and bark. The roots should be pliable and the bark should be firm, without cracks, and firmly attached to the trunk. Brittle, dead, and dark Rovind 10.9-91 stained roots and/or loosely attached bark can indicated a fungal infection or desiccation due to a lack of water. 2. LOWER TRUNK: This area should be uniform in width and free from distortion. Check for the following:. a. Irregular Growth: Tumors and callusing over due to nails, wires, bolts, etc. b. Cracking: Due to drought, stress, mech- anical injury, excessive foot damage C. Exudation: Injection holes, bacterial disease d. Roughened Bark: Psoriasis, bark borers e. Holes: Injections, bark beetles; wood- peckers f. Discoloration: Pesticides, sunburn 3. MAIN. SCAFFOLD: ' This area includes the crotches which is where the larger limbs join the trunk and upwards to where the smaller branches begin. Previously mentioned signs of decline which applied to the trunk also are applicable to the Main Scaffold. In addition, bird damage, insects, and poor pruning cuts with exposed heartwood in this area of the tree will contribute to decline. 4. SMALLER BRANCHES: In this area, damage can be attributed mainly to insects feeding on the outer_ foliage, pit scales, and loss of roots. Smaller dead branches encountered in the interior of a tree, are a result of shade and limited light. 5-. FOLIAGE: This location is where most insects are found. The leaf is an excellent food source and offers protection. In most cases, a healthy tree can support these insects without any problem. PRESERVATION The most important aspect of tree preservation is compiling the initial data by a qualified person and making the recommendations that ultimately will determine the disposition of a tree and its continued survival. Since this aspect of tree preservation is so important, a certified arborist should be the person chosen. When choosing a certified arborist, (certified by WCISA) experience is of vital importance and mandatory for making the proper recommendations. The certified arborist should provide documentation for at least three (3) years of field experience which should include where, when, what kind, and how much. This experience should be in relationship to the types of tree being considered and in the local considered. Almost all the experience should be directly related to the assignment the arborist is applying for. Revived 14941 TREE RELOCATION CRITERIA The following guidelines are general in nature. Each project may have factors which will require special attention or additions to the following guidelines. 1 • Contract with a company which has, f ive ( 5 ) years experience in the relocation of trees. 2. Approximate time schedules for the operation of tree relocation should be available prior to approval of the physical relocation. At periodic intervals, a progress report should be furnished to the City Planning Department for the monitoring of the tree relocation. 3. Trees which are to be relocated should be inventoried. . In the inventory, the' following information should be provided: photographs, circumference of the trunk, height, canopy size, condition, location, inventory number, and resource value. 4. Plants and other resources are critical to the immediate environment of the tree to be moved. They should be photographed and cataloged. These plants and other resources should be moved with the tree and placed so as to recreate the natural environment. S. When pruning a tree, no apparatus or equipment should be used which would wound the tree. All pruning equipment to be used should be in good working order, clean, and free of transmittable disease. Compensatory pruning for root loss should not significantly reduce the canopy size and tree height. Black sealer or 'other sealing compounds should not be used to seal pruning cuts if they inhibit regrowth or callousing. The existing tree shape and form should be maintained' whenever possible. 6. When trenching and digging .out the tree, equipment used should not be allowed to compact the area in and around the tree. It is critical that the trunk, and limbs are protected from mechanical damage during the relocation process. 7. The size of the container for the tree to be relocated should be in direct proportion to the size of the trunk and root mass. Roots should not be sealed. The tree must be boxed the same day it is excavated. S. Prior to relocation of any tree, the haul route should be in placed. 9. The topography, soil types, associated plants, along with ecological and environmental factors at the relocation site should be checked in Rn;nd 104.91 advance, especially since these factors effect the survival and welfare of a tree. Water and other elements needed for the maintenance of the tree should be available and accessible. The are where the tree is relocated should be fenced and protected from encroachment by traffic and/or equipment. 10. Maintenance period should be for three (3) years after the last tree (if there are more than one tree) is moved or until the development in the area is completed. Monthly reports listing the condition of the tree (or trees) are to be furnished to the City Planning Department. TREE PROTECTION BEFORE AND AFTER RELOCATION Before grading or any kind of disturbance, a tree must be protected by fencing. This fencing should be of chain link with steel stakes for support. Fencing should extend beyond the dripline, be taut, and have a gate. Transplanted trees and perimeter trees will be treated as directed by a qualified consulting arborist. During construction or development, other protective measures will need to be taken 'to' ensure.against adverse impacts to the tree(s). These protective measures are as follows: 1. Dust accumulated on trees from grading and other operations shall be removed by rinsing. 2. Parking, movement of vehicles or equipment, unauthorized personal, placement of construction materials or waste will be prohibited within fifty feet (501.) of the canopy edge of any tree. 3. Irrigation lines are to be installed at storage, relocation, and preservation sites as well as any other sites recommended by the consulting arborist prior to grading operations. 4. No water containing chemicals or other materials derived from development activity will be allowed to runoff into protected areas or within one hundred feet (1001) of the protected areas. 5. Landscaping, irrigation installation, or any other activity that could possible affect the trees must be reviewed and approved by the consulting certified arborist Prior to any such work. PRUNING When 'should a tree be pruned? To help answer that question, the reason why a tree should be pruned needs to be considered. Some of Reriam 14991 the reasons why a tree should be pruned are raising the lower branches for clearance, compensatory pruning for root loss, thinning for visibility, removal of dead or dying limbs, training for functional reasons, and "Opening upim for winds in certain areas. There is no such thing as "regular" pruning. Trees do not require pruning to continue their life function. With this in mind, trees should not be pruned unless there is a definite reason. Sometimes significant damage of a tree can be done by unnecessary pruning. Pruning the lower branches, severe topping, uneven removal and significant foliage reduction can lead to a tree's decline. The lower branches help to retain ground moisture, decrease radiation damage to the base of a tree, and protect the basal areas from injury. The removal of large amounts of foliage can expose the bark to attack by bark borers. Since what is cut off a tree can not be put back, it is recommended that a competent arborist be consulted prior to pruning, Be sure the tree person or company who will be pruning your tree can provide you the necessary proof of insurance to cover the damage that may occur. Have them write down exactly what they intend to do to the tree. Also when the job is completed have them remove all debris off site. CONCLUSION Today, trees are recognized for their tremendous value to our communities. Trees add beauty to our landscape, add value to our home, protect our wild life, and add to our well being. With the high cost of purchasing and growing of trees, it is obvious that the very best care should be given to them. Trees must be recognized as a significant resource. They must be treated and protected as such with the assistance of a competent arborist in the decision making concerning their care and protection. The small investment required to obtain the services of a professional is well worth the money. Re imed 104.91 P.E SOLUT.ION -Q. 92--1- A '--?A RESOLUTION OF THE PLANNING COM_MISS-O OF THE CITY OF DIAMOND BAR RECO"'LMEIMING =E COUNCIL OF THE CITY OF DIAMOND BAR APPROVE THE REPEAL OF THE OAR TREE PROCESS AND THE REPLACEMENT T OF SUCH PERMIT A TREE PRESERVATION ORDINANCE.WITH A. Recitals. (i) The City of Diamond Bar is recognized for unicue and distinguished natural and improved physical 4 environment. A major element Of such physical environnent is varieties of trees, .including naturally occurring stands of Oak, walnut, scyamore and pepper trees. These trees value to the community is such that all reasonable efforts should be undertaken to preserve and enhance them. Such measures must a s be balanced against the circumstances which may recuire the removal, relocation or maintenance of such trees. (ii). The City of Diamond Bar presently is without adequate regulations which serve to foster the preservation of such trees while responding to the needs of owners of. the properties on which such trees may be sited. (iii) The Planning Commission has extensively c0::sidered.the issues related to a balanced tree preservation ordinance, and has, with the benefit Of public input, developed a Proposed tree preservation ordinance which it hereby recommends to the City Council for its review and adoption. (-v) All legal prerequisites to the adoDti . on .of this Resolution have occurred. 1 B• R e C c' -rte. r..0 ..-_. '.. ..--.._..-� ._.... ....J '.�.. �" •'-�.s= `-••...�-JJ.-_.. ._ �.._ -__ _ r • e 5 .. - _ :_:_•r 1.. �n awl --Jvev-- as s- _ Recitals, A, here_nabove; _ SECTION 2. • at the DiaMo- d Bar. Pla^ ...... _ recc^ends t:^.at Council the of the City ....�..y _ Of Diamcnd �Bar and adopt the proposed tree preservation ordinance attached hereto as Exhibit n1� SECTION 3, That the City of Diamond Bar is in process the o� finalizir, its g draft General Planand that, on t he basis of such draft plan there is a reasonable probability the -- the intent of this Ordinance will be consistent with the coals, Policies and objectives of the ultimate General Plan, there is little or no probability of substantial detriment to c interference with the ultimately adopted general pian if ` inconsistencies are � ultimately present because the preserve, tion Of both the naturally occurring and introduced trees will enhance the Citi and the environment which will be of benefit to the Present and future community. Finally, this action is underta}; in conformance with all applicable laws. - SECTION 4. The 'Planning commission finds and determines that the ordinance proposed by this Resolution is categorically exempt from the: recuirements of the California Environmental Quality Act of 1970, as amended, and the Guidel;-:a_ promulgated thereunder pursuant to Section 15307 of Division 6 _ 2 .5 . SECT721 5, That the Secretaryto � P .._ , C`---i=�i�•= ellver this resolution to the Cite Clerk ADOPTED AND APPROVED this 13th day of January, Chairman I, JAMES DESTEFANO, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that e fo.regoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Diamond Bar held on the !3t' - day of January, 1992, and was finally passed at a regular -ae -" of the Planning Commission of the City of Diamond Bar held on 13th day of January, 1992, by the following vote: AYES: COUNCIL MEMBERS: GROTHE,-HARMONY, FLAMENBAUM and SCHEY NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MCBRIDE ABSTAINED: COUNCIL MEMBERS: None ATTEST: Secretary :.110111RES0.R::SIDB 6.7 3 :f 'TUTES OF ar a� N IN +:�_.aG COP�ISSION MEETING jUNE 24, 1991 Draft -ree ?reservation Ord•, finance _ PT/ Ann Lungu addressed the Commission regarding Freser•:at4on Ordinance. The primary need is to det a drat extent the COmMissl.on would like this ordinance to eestablish Policies for the City of Diamond Bar's tree preservation. S-= would appreciate comments and suggestions on the ordinance. VC/Harnony definition made the following suggestions for the Ordinance: v definition of multitrunk trees is unclear; there should be ^ special leeway to allow closer buildings within the drip line nurseries should be included; the City shouldbe involved in t sh certification of the diseased tree; the City Engineer shoul3 �a:. to process a request at some level; Public Utility should not v given authority over Oak Tree/Heritage Tree without some rnot the pruning % of the whole tree may be a more appropriate alp o to regulating trimming; there should be a provision for allowinc instances to chop tree tops, r ac: concepts of item G H p as well as trimming and pruning; t under the Oak Tree/Heritage Tree per,:,;- Application, needs clarification; there Period to allow should be a longer tine "eminent dan ger"for an appeal; change "dangerous condition" 4 , under Emergency Waiver; clarify the differe:�c; between a horticulturist and an arboris maintaining replacement t; the responsibility fcr trees should be 5 years; broaden t definition concerning the replacement of trees .with the 1 t* -E available tree; the Protection of Existing construction should include maintenance; and the Enforce7es- Trees durin, Officer should have code enforcement authority. ` .Chair/Schey questioned the appropriateness of a blanket statement requiring oak Trees/Heritage Trees available to be. -replaced by the largest tree. There needs to be more flexibility to deal with particular situations. C/MacBride would like to include, in the list of exceptions, a consideration for trees on private property that require topping to prevent damage to the existing structures to the property. H"e suggested being more selective on the definition of a Heritage Tree, with consideration of historic inferences. C/Lin stated that fencing, for the Protection of Trees, may not always be warranted. She suggested the statement -should include "where necessary and feasible". STUDY SESSION: October 14, 1991 Zoning Code Amendment 9.1-5 (tree preservation) PT/Lungu addressed the commission regarding the proposal to amend certain provisions of the Los Angeles County Code, as adopted by Diamond Bar, pertaining to Tree Preservation. in various drafts for the the tree ordinance, research was e'done ngusing sections of ordinances from the cities, indicated in the staff report, that seemed compatible with our community for our purpose and intent. . it is suggested that the Commission address the following four main issues regarding the tree ordinance: the criteria to be used to identify trees to be preserved; the minimum lot size standards for activation of a tree preservation ordinance; the replacement ratio and size of replacement tree that would be appropriate for the City's tree preservation ordinance; and the City's desire to insure that a replacement tree will receive the proper care and maintenance for a designated period of time. it is recommended that the Commission direct staff to prepare a "final" ordinance with the conditions listed by staff. CD/DeStefano stated that DCA/Curley has suggested some clarifications of items in the tree ordinance. Staff will review these at the end of discussion on the four main issues. He suggested that the Commission begin discussion regarding .the criteria to be utilized. Chair/Grothe indicated that the criteria, for the replacement of trees on single family properties, should not be such that it is difficult to enforce. C/Schey suggested that a 1:1 replacement ratio is sufficient on a single family residential lot. Chair/Grothe concurred that a 1:1 replacement ratio is adequate, as long as it pertains to only the trees in the preservation list, and not all types of trees. I , CD/DeStefano inquired if a 1:1. replacement. ratio would be adequate in a situation where the tree removed was quite old. C/Schey responded that, in that situation, no tree could adequately replace it. Chair/Grothe stated that the 4:1 replacement ratio for the removal of.a Heritage tree makes sense on a hillside development, but not within a single family residential yard. C/Harmony stated that the Pepper Tree should be added to the Heritage Tree list. VC/MacBride indicated the following concerns: the definition of a Heritage tree is much too broad; the problem of a developer. choosing to pay the fine, rather than leave a cluster of trees, must be addressed; and the issue regarding public safety vs. the preservation of a tree included in the protective category, need be addressed. S; n7atif'eren_�a_n ggbetweena Heri rCroaHeritaceOak Sfcatrees are indigenous ut, -�. that have reached some and Peppe` The Significant trees value. 4nificance due r ees are Short of public safety, tO maturity or histor_ preservation for Heritage y' there should g trees. be C_D_/DeStgefanosta bed use _ _. has suggested "Her.ta eTree" ggested to Staff eliminating the t preservation ordinance bee felt the ordinance was si: combination we choose to establish with whatever size,�s+eci desire to protect. During Staff's as the minimum tr p es there is no common definition as research it became appar�ntch or ".significant tree" to what the term " means. heritage tr=_ Chair%Grothe pointed out that ordinance was to try tsave the make original intention of tt o located in the undeveloped areas o�orif towwy of the tree most trees, located on lots under n. Therefore, the discretion of the homeowner.specifiedsize the cert The Public Hearing was declared open. should be left Dan Buffington, residing at 2605 importance of preserving trees now Indian Creek for the emphasized tr Don Schad future. concern for elidingree at 1824 Shady Wood Rd. considered b size/ per lot, and tree types suggested that tY He considered by graupeof ageotreesis a ypes should be careful_ perhaps from a local college sustain itself through it's own tree that has been able t suggested that all the species bnatural environment. He all to them. protected that have a uniquenes C/Schey suggested that the general tree population should not b preserved until there's threatened. some reason to believe that it is bein, The native tree should be establi"shed as CD/DeStefano protected. reminded the direction regarding Commission that staff needs specific the four major criteria issues indicated by staff. . previousl, VC/MacBride suggested defining separately. Heritage trees would include oak S d Significant tree; Pepper, and Black Walnut. Significant trees�arecamoretrees.,thatlhavele definitive historical significance, have a factor of age outstanding in it's own individual growth, per species. and are PD/DeStefano stated that the Commission needs to be more specific with their definition of a Significant tree. If the Commission is unable to define it now, staff can, with the Commission's a attempt to come up with a differentiation between Heritage trees and Significant trees approval, ordinance format, ' and return it back to the Commission in an He then suggested that the Commission discuss if they want to differentiate any replacement the H�rita ent value to �e tree, the Significant tree, and all others trees. y C/Harmony inquired if the Commission is in concurrence that single family residential lots are exempt. VC/MacBride Suggested that the four stated categories of a Heritage tree, plus the historic attributes of a given tree, as well as significant trees be placed in one category called Trees""Heritage ,.and exempting those.problems which aris residential lots of a certain size. e on single family Chair/Grothe suggested, and the Commission concurred on, the following: the four types of Heritage trees, Oak, California Pepper, Walnut, and Sycamore, are protected everywhere and can be removed only by permit; all. other trees that exceed the 15' height, and 15" circumference criteria fall in the Significant tree category and`require•a permit if they are on nonresidential or undeveloped residential property; trees with documented historic significance require a permit; there is a 1:1 replacement ratio, for Heritage trees, on existing developed residential properties; there. is a 4:1 replacement ratio for Significant trees on non residential or undeveloped properties; the replacement tree should be of an in-kind species; there removed without a permit; should be a steep penalty for trees I size of the replacement tree is to be determined per the City of La Verne graph; and anyone removing a tree, should be required to place a bond for insuring maintenance of the replacement tree. CD/DeStefano pointed out those items in the draft tree ordinance that will need further clarification: the definition of a Heritage tree Will be expanded, and the definition of "multi -trunk" and "stand" .needs further clarification; the verbiage regarding. "Routine Maintenance" will be moved to the Exception clause; verbiage will be added to the Exception clause requiring that a damaged tree, or diseased tree, be verified 'by a certified arborist; in the Tree Permit Application, we must assure that the plans indicate the existing and the proposed structures; the amount of photographs required must be clarified in the Tree Permit Application;' the verbiage, of item F of the Tree Permit Application, will be changed to indicate that "the applicant may be required .to, provide..."; add in the Tree Permit Application a specified time period in which the director will give a forthcoming decision; there also needs to be a time period indicating when the Director's decision will be received regarding .the Tree Pruning Permit, item B; the issue regarding public safety vs. convenience will be addressed in the pruning of a tree section; the word "unbalanced",written on page -6, will be better defined; under Emergency Waiver, defining the proper contacts will be better stated; the word "acceptable" will be changed to "approved" in the section Protection of Existing Trees, section A & B; the phrase "unless otherwise approved by the Director" will be added to subsection E, of Protecting Existing Trees; and the last paragraph of the section Enforcement, will be removed. •�C,`".ac3r:�e concerned «i �- intenticnaliy t` to developers that remove ees, suggested that =ay penal require that the trees be replaced in-ki instead of DCA/Curle nd and -a_nta_. _ Y sated that if a tree is removed otherwise, the developer could be asked to Stop' meet the conditions that have � accide been established P 'the pr°le reacts the developer. -There are _ ways Don. Schad suggested that the required period of maintenance extended from three years to five years. The Commission concurred with Don Schad's suggestion to extend t: period of maintenance to five years. Chair/Grothe, concerned with the administrative burden on staff enforcement, suggested that the bond requirement for a s on a single residence be excluded. in g_e tre DCA/Curley suggested, and the Commission concurred process rather than requesting a deposit or bond u to use a lie The Public Hearing was declared closed. P front. As directed by the Commission staff will renotice the Publi Commission.en the ordinance is ready to be brought g back to t::. Motion was made b UNANIMOUSLY adand cARRIE:- re VC/MacBride, seconded by C/Harmon Commission the first meetin staffest to bring the ordinance back to g in December of 1991. the Minutes of Planning Commission Meeting August 12, 1992 Preliminary Draft Tree Preservation Ordinance ZCA 91-3 PT/Lungu addressed the Commission regarding the second draft of the tree preservation ordinance. requested. The next time the Commission Comments r eetsom eto Commission are topic, it will be in ordinance form, and a discuss this VC/MacBride made the followingPublic hearing. phrase "as well as defined" Comments: Under Purpose, amend the def Applicability, the ordinance t should nitive of"; under Intent and Private property; and page 3, under Exception ertain to both public and and add the wording ".., necessaryinclude shrubs, easements clear of obstruction...,, to keep street and sidewalk C/.Schey requested that the syntax "shall mean" " eliminated from the Definition section. 1/mean etc. be defining a Heritage Tree, simply by size seems also stated that broad definition. to be.an overly VC/MacBride requested.staff to re•:iew the item, possibly with Don Schad, and reword it. Following. discussion, C/Schey suggested that the Significant Tree and the Heritage Tree be differentiated. The Heritage Tree can have the full, review it is warranted, and the Significant Tree have at least some review. C/Harmony made the following comments. Under Diseased Trees, staff should include some reference to insect infestation, as well as wording indicating "and others inflicted by, but not limited to." he indicated concern regarding the 2 inch guideline referred to in; the Routine Maintenance section and Pruning Permit section; in reference to the removal or relocation of oak trees or heritage trees, some significant tree removal should remain in the purview of the Planning Commission and the Council; and on page 7, item E, replacement trees should be maintained for a period of five years. C/Schey discussed item E, page 5, regarding the enforcement of replacement trees. A warranty period of 3 to 5 years is a long time, and often the developer has become unavailable. that language be included in the He suggested context that the applicant, permittee, or successor,' whoever is responsible for that property when the tree is removed, is responsible for the replacement trees. C/Harmony suggested that a provisionfor paying the City the appraised value of the lost tree, if it cannot be replaced, be included with the tree replacement clause. C/Schey, noting that often times developers .view the fines as a more desirable option, requested staff to review the provision in Claremont, which carries a heavier penalty. C/Lin inquired how the capabilities of tree speciali differentiated. sts are PT/Lunge stated that they must have. proof of qualifications and references of past work. VC/MacBride requested staff to determine if there is a California requirement that establishes standards which indicates that the specialist is licensed, bonded, or certified. Chair/Grothe noted that, in the replacement of trees, quantity is not discussed. Understanding that tree sizes and types must be varied, he cautioned that unless 'there is a minimum replacement number indicated, some developers will manage to elude the specifications. PD/DeStefano stated that a section will be added pertaining to the replacement ratio, and the issues pertaining to the size of the replacement trees. He then stated that, with the Commission's and-eestanlish� Will prepare the document in full ord t recosmenacli public hearing process f a""` on to the City Council, or the C� MINUTES OF PL:,_NNING COMMISSION MEETING DECEMBER 9, 1992 PUBLIC HEARING• 2oni:19 Code Amendment 91-5 PT/Lungu reported that the Commission, at the October 14th directed staff to have the reformatted for the December 9th aft tree preservation ordin the Commission ado t meeting. Staff recommended th an Council a P e Resolution recommending that the Ci approve the Tree preservation Ordinance. VC/MacBride, concerned that developer may a situation may arise whereas trees rather than boldo pay the fine for destroying a forest .c definitive ran P development, requested that there k enormous penalty in the ordinance indicating that there is e would be for such a situation. The intent of suc; to influence the developers to think long languac cutting down a forest of trees. g and hard befoi C/Flamenbaum noted that section S, of the ordinance, under Ta already indicates that the City would have a Civil right to sue fc abatement of a nuisance sue fn and damages that result. C/Harmony, concurring with VC/MacBride language,emphasizing the desires statedhCthat additiona Pursue these cases when they happen. establish policy for future administrations and Y attorneys , heir - On t DCA/Curley stated that provisions in nuisance abatement t ordinance is already structured, ,in essence, to say: " Attorney's office is herebyyp� cit- Attorney's directed to institute proceedings.; The Cit: g to the effect, ".., and shall seek to obtain eremedia measures, including restitution or tree replacement.-,,, added to the provision and could be appropriately placed in could be Sectio( 5, of the ordinance, to amplify the intent. However, the overal: legal impact may not be effective. He reminded the Commission that, procedurally, the Council must first authorize, and direct any and all litigation to proceed. C/Schey suggested, and DCA /Curle appropriate to place a o Y concurred, that it may be morE atement, in the Ordinance, under the Purpose and Intent Section, beginning of tt is the intent of the City to preseryindicating that i : Pursue to the greatest extent, e these trees, and we wit: VC/MacBride, in reference to the tree guidelines if a statement could be incorporated ito the ordinancelstatina that each applicant, under this section, shall be furnished, by tte City, with a copy of the guidelines. DCA/Curley stated that, since the City does not have certified arborists that can examine each individual tree and give instructions as to it's proper care, it is strongly advised that these guidelines are eliminated to avo liability. id future potential C/Schey inquired if it is the City Attorney's recommendation that the City leave the care and feeding of the trees as the responsibility of the owners, or responsible party, to keep them alive. The City would then intervene if the trees should die. DCA/Curley concurred. Chair/Grothe questioned why a disclaimer could not be placed in the ordinance, stating that the guidelines is just information gathered to help in caring for a tree, and is not the full direction of the City. CD/peStefano suggested that the Commission may opt to send the guidelines to the City Council, with the understanding of the City Attorney's office's concerns, and including the Commission's comments, but ultimately letting the City Council decide whether or not the guidelines are an appropriate attachment to the ordinance. The Commission concurred. C/Schey, concerned with section 22.56.2080 Definition (J) of the ordinance, stated that, to his recollection, it was the Commission's intent to establish an ordinance that preserves all oak, Sycamore, Walnut, and Pepper trees, regardless of size. There seems to be an inconsistency. Chair/Grothe stated that he was under the impression that there would be a provision exempting residential homeowners from the preservation provision. CD/DeStefano reminded the Commission that they had developed the criteria for the size of the tree appropriate for preservation, after discussion on the matrix presented by staff, which included information as to what some other cities in the immediate area were doing. The Public Hearing was declared open. Don Schad made the following comments: There are other significant trees based ups size and heritage, other than the four indicated trees, that should be considered for preservation; the height and circumference limit is bearable as stated in the Definition section (J).1, but he suggested adding the word "dominance" after the word "survival" to (J)3., page 3; a. relocated tree should be given the same care and consideration as a brand new tree; there is not a specific chart on tree sizes; and pages 1 through 11, of the ordinance,, does not identify dimensional sizes for tree replacement. The Public Hearing was declared closed. Chair/trot e Stated that he was under the t^e tree ordinance recerred to a ipression that chart regarding tree replacement. of sizes and DCA/Curley suggested .that there should b replacement ratios because site sizes may e flexibility on or maynotdirected: The replacement ratioand sthe trees the Director's discretion, so that he may either determine the rational re currently y analyze the site a Commission. placement ratio, or refer it to t C/Flamenbaum'suggested that section 22.56.2160 Standards item A, should read, ".,. on the basis e ofe Report.". place-te: the Tre Chair/Grothe stated that he would prefer the ordinance to specific replacement quantities or sizes so that when the developE Pulls a e inclu�� permit he is immediately made aware of the guidelines Y must follow. C/Schremovtatedal his concern all treeree remodthat, the way the ordinance is written. not come before the Coel permits would come before the Director and woul mmission unless it is under appeal. CD/DeStefano recommended that, in order to Planning Commission should review not only the tree removal, th all other environmental aspects of a Y that th bu are reviewing the specific project at the time that the to section 22.56.2100 Permit Required, subsection E. should be adde. in his/or her discretion, shall r fer�the decision to the Plannin.: commission in the event that such a g that, The Director with the discretionarywhich tion is in conjunctic: has jurisdiction.1. approval over which the Planning Commissio; C/Schey, regarding the drafting of the,tree report, situation could arise whereas the impartiality noted that could be questioned. He suggestedY of the arborist the City to ensure that he/she has the Citels,and he employed b;. interest at heart. Y and the tree's, best DCA/Curley concurred that the present structure ofthIt could be e ordinance looks to the applicant to employ the arborist. . modified whereas the appts the cost applicant up fron would -then employ the arborist who would analyze,thed the cit,- situaticr, impartially: C/Harmony noted that there is no provision in the ordinance protecting heritage trees that are significant because of age, or historical event, other than size, the four trees indicated. DCA/Curley, suggested that the Commission may consider separating cultural significant attributes, versus the broader environmenta; significance, and designating those attributes within a separa�E culturally significant.ordinance. CD/DeStefano indicated that, at this point and time, staff needs specific direction from the Commission as to how the Commission wishes staff to proceed on this issue. It is difficult for staff to determine historical events recognized by the City. C/Harmony stated that the historical value can be certified by the Planning Commission and/or the City Council, or the historical committee being formed. He would like heritage trees protected in the ordinance. C/Flamenbaum suggested that .the ordinance be approved, with the recommendations and corrections made. If the Commi historical items to be pression desires served, then a separate ordinance should be created. The commission concurred. C/Harmony stated, for the record, omitting reference to heritage trees, within the tree ordinance, limits the ordinance, and is therefore, not a complete scope of the ordinance that way. C/Harmony, referring to the civil remedies, section 22.56.2180 Tagging subsection 5., stated that it is not clear what kind of civil remedy the City would receive if the developer destroyed, for example, ..a 600 year old tree. There should be a clearly stated Penalty that the developer will be responsible for replacing the tree, and that a neutral arbitrator will be utilized to appraise the tree, if needed. DCA/Curley recommended that the wording of subsection E not be altered. The provision gives full flexibility to pursue whatever remedy is deemed appropriate by the city Council. It is understood that the City would seek replacement or replacement costs. CD/DeStefano suggested that the Chair may wish to appoint a sub- committee, of the Commission, to work out the specific details and assist staff in bringing the matter back to the full Commission in January of 1992. C/Schey recommended that the subcommittee limit their discussion on the following two issues that remain unresolved: the delineations of the penalties; and the minimum replacement standard. C/Schey and VC/MacBride volunteered to be on the subcommittee. C/Schey recommended that the matter be continued to January 13th, with the subcommittee working with staff to reconcile these matters, and bringing it back to the Commission in final form•on that date. The Commission concurred. VC/MacBride requested staff to appropriately revise section 22.56.2090 Exemptions subsection D. so that it is more clearly stated. Chair/Grothe called a recess at 9:35 p.m." The meeting was called back to order at 9:44 p.m. councl:l^tou'asuggested that the cczLnissiOn reccl-%-ierd account all consider the establishment of an ordinance Commission co historical items within the Cit ncurred. y confines. MINUTES OF P CANNING COMMISSION MEETING JANGARy 13, 1992 PT/Lurgu reported that on December 9, 1991 hearing, staff presented a final draft tree P at a noticed to the Commission for review. Preservation o_ pub' Commissioners, C/Sche A subcommittee {d` an the issues of Y and VC/MacBride of two Planni: heritage trees were selected to deal remedies. PT/Lure replacement standards .�_ qu reviewed the decisions made b ar,d civ: regarding the three issues, as indicated in Staff recommended that the Y the subco.;-�itte additions the from the mCommission the staff repor, adopt a Resolution, wit that the City Council a subcommittee meeting, recoriendir. Furthermore, it is recommended that the lanTree guage ordinance his/or.her discretion, shall refer the image' The Director, i Commission in the event that such a decision to t With the discretionarywhich h n is he Plannin has jurisdiction.-, approval over which the Planningcco]unctio should be inserted to subsection 2.5fim2110a a new addition after subsection H. 2110 a CD/DeStefano explained that this addition would allow the Director to forward the application to the Cit review. It is staff's opinion that a Y Planning Commiss.ion fc: approval involving the removal of treesllshouldcatiosbforeaiscretbonar, Commission, including the removal of any Oak, Walnut Pepper trees. Y t,E Sycamore, or The Public Hearing. was declared open. .-Do' Schad complimented the Commission and staff on their developing the Tree Ordinance. job in The Public Hearing was declared closed. Motion was -made by C/Schey, seconded by. C/Harmon UNANIMOUSLY to approve the Ordinance as drafted, with the i reclusion of the Director's discretion to send nondevelopment related permits to the Commission for their review, and the inclusion of mandating that tree removal permit that provision Permits, under the Commission's discretion, be mandatorily brought with the balance of the package, relate to development Chair/Grothe called a recess at 9:25 P.M. 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G"° U° N eQ, U L .!j Fj Q h .', } LL L C N :' u •�••�C mT >,zu•cya� mo!� l w.(�`o o c �a m ^ai -_ Z- cl!=_ LN. N� Z z jr C 'O 'E i - 3 4C• N N E O1�5 N a 3>c >aozcm rr. C,> eo3� v x o N1Z�a ay:�m•L-°' ==rte -Z 4 n m {p ^j O S.a •p 00 0.t N> V v A y y d V r H j J L ECL W m 'yi L -cc EtT 41 w :3 E9 .w a c--� c Q1 yE°o0 ¢.e ccEN�y mai a = �'.°°= � w =. c cs _ y=� tD C C .X y - Z ..a V W C= 4 MJ ie .4 V M C N R Q m N C t v x`�oux ^ocE� w�cv U y a•- W _ °� xyE 0 c3 EaVi�p`� gaLy n > �cyeoto i 10 ��oe'°50 Noyes C4 N� June 1, 1989 Tree ordinance of The City of Diamond Bar Submitted by Don Schad (714)595 6316 Tree ordinance for the City of Diamond Bar Ordinance No. 66 Goals The prime importance of tree ordinance is to establish a set of recognized 'standards pertaining to the preservation of all trees regardless of their species from damage, removal or endangerment from any cause. SB 885 by Senator Hart, has clearly indicated the importance of a balanced interdependant ecosystem for even the human race, ss at this present time, mankind, primarily by large land develogmen.ts, fires and timbering are destroying permanently one species of. -life, either plant or animal at the rate. of one, (1), one per day.~ Please note, this is forever. "if this trend -continues into the next decade, many scientist warn the rate Of. extinction may increase at the estimated rate of one per da -y. Uncontrolled and indiscriminate destruction of trees WILL have -a detrimental- effect on the general public." The prime source of oxygen on this planet is from vegetation, especially trees. Aside from their beauty, they contribute also to the comforts of man, conserve energy, soil erosion control, protect wild life, and enhance the :beauty of homes and the community as a whole. City and home values are also improved due to trees and other plant forms. Therefore, this ordinance, under the -control of the City of Diamond Bar shall inforce the following units of tree preservation, -case, planting, removal and other controls as may be required, as per the following outlines, definations and explanations. 66 10 Which tree, or what tree? All trees, whether they' be Oak, Sycamore, Black Walnut, Eucalyptus, Pines, cedars, Ginko, Caltalpa and others, as example, will fall under the guidelines of this ordinance. 66 11 Protection, Preservation, Care and Utilization . a. Any area from the trunk of a tree to fifteen (15) feet beyond the drip line of the foliage at the greatest reach of the limbs will not be disturbed in any manner, whether by grading, storage of substances, spillage of substances pipe lines, black top, concrete or any construction grading requiring digging will require an evaluation of each and every tree under consideration before any permits are rendored, also no tree houses or obstruction to natural water nutrients. Defacing by any manner will be outlawed. b. Preservation and care must be adamant at all times. Spraying for disease will be under the guidelines of a knowledgeable botinest. Feeding and fertilizing as required must also be carefully controlled. c. Utilization pertains to area changes around trees. Wi.11 they fit into'landscaping.for natural beauty? Wil they become a hazard to the public, power companies, travel or other factors that may influence human habitation? Project developments where existing trees are will require every effort to accept the trees withouO removal. d. Pruning must not exceed 20% on any tree with the exception of any species of oak unless permitted by inspection of responsible parties, and if it is determined hazards may be present to the public, structures and or utilities. Oaks will be, limited to 10%. Any pruning will require permits if folage and limbs exceed 20%, except Oaks which are 10%. All nature of the works must be visually inspected by the responsible city department before work is commenced. Requirement of permits will be determined at this time. Removal of dead branches will not require a permit, nor will the removal of dead trees. Diseased with -the possibility of infecting others will not requite a permit but evaluation 'by competant authority is required. Any, tree removed due to disease will require treatment of the soil effected in -the immediate area of the tree. • e. Any tree damaged by an act of God will be carefully surveyed for repair, bracing or pruning as necessary unless the damage is to such extreme as to cause the death of the tree or danger to the public, utilities or structures. Removal, after inspectinon, under these conditions may be by private party or the City of Diamond Bar. No permit will be required. 66 12 Diseased Tree a. Diseased trees containing any of the following,, as an example, heart rot, exfoliation, slime flux,'crown rot, exudations, leaf scorth and root fungas such as armilIaria must be revalued and treated in an effort to restore or save them. b. Infestations of insect pests such as termites, pit scales, caterpillars, plant parasites, bores, galls and twig girdlers, will require careful evaluation and proper spraying or treatment as required. 66 13 Damaged Trees Any tree damaged, other than an act of God, will be replaced by person or persons responsible for the damage, unless thethe pe talbe. Any man made vehicle, conveyance, or mechanical device eoras to be required by man that causes damage or death to any -tree will be responsible for the damage as to be required to replace or repair as determined by the City of Diamond Bar's office of responsibility. Should replacement be required, a two for one will be adheard to and the size of the tree will be determined from the chart in section 66 20. Species will be determined by the authority of the controlling office of the city. All of the City Managers and or his recommendations. 66 14 Penalties Any persons damaging any tree, or removing any tree without a permit will be subject to a misdemeanor chage and find as following: a. Damage to a tree beyond care and pruning to restore its original appearance will be cause for a fine of $2000.00, or 6 month in jail or both, for each instance. b. Removal of any tree without a permit or for any reason not previously not covered will be fined $2000.00, and or 6 months In jail or both for each instance and also require a three to one. replacementby the city department responsible. 66 15 Heritage Tree a. A Heritage Tree, or group of trees with a historical value and may pertain to a specific event in the community history, or is a natural feature of the community, or of national historic significance, as determined by the City Council, b. is significant in the period of the City's growt.;, C. is a historic or a cultural resource, d. has been designated for protection under the Endangerment Species Act, which also sets standards for precise plans or designs for simular development. approval, or may be found unique due to it natural enviorment.. 66 16 Multi trunked tree shall mean any tree with a division Of its main trunk at less than 4 feet from the highest grade point, where 2 or more trunks equal 8 inches or more. 66 17 Any tree located on city property that may cause local concern by removal shall require a hearing 15 days before any action can be taken. The City Manager may make the final decission. 66 18 Private property shall mean land that is not owned by a government agency. 66 Z9 Significant Tree a. A significant tree shall mean any tree that is located on private property that falls into the following categories: 1. Has a height of 20 feet at least a diameter of 8 inches or more as measured 4 feet from the highest slope of the ground at the trunk of the tree. ,2. Has a height of 10 feet at least and a diameter of 4 inches or more as measured f&Em the highest slope of the ground at the trunk of the tree. 3. Lot size or effect to property use of each. situation will require a written report to the City Council for final determination, should any permit be required. 4. Lot size should be determined by the City Council based on square footage requirements of structures versus land uses. Recommend that a significant tree be deleted from property of less that one acre, subject to review of the department of the city covering landscaping. - 66 20 Tree Replacement Chart Width of tree Number Replaced Minimum With Removed With Size 6" and smaller 1 4 24" box 6-14" 1 4 36" box 15-29" 1 4 48" box 30" and over I 4 60" box 66 21 Removal a. Removal pertains to severance of the main trunk, trunks, and up rooting cutting or any action as per 66 13 which causes the tree to die. 66 22 Protection a. Protection shall pertain .the complete safeguarding of any tree, as per section 66 19, during a construction project, maintenance, fertilizing, pruning and treatments as per section 66 11, a and b. 66 23 Removal of any Heritage ,or Significant trees or as spelled out in chart 66 20. 66 24 Permits, Conditions and Approval a. Tree removal permits shall include such conditions as are appropiate to effect the purposes of this tree ordinance. These conditions may include, but are not limited to the following: b. Relocation of a significant heritage tree that is to be relocated on the building.site, the owner or applicant shall submit a letter from a licensed professional decribing the relocation method to be used for all trees slated for relocation, -and ehall provide the City with five (5) year survival guarantee: Should the trees) not survive the five (5) year period, replacement shall occur in accordance with 22 20. 66 25 Required Protective Measures a. No grading construction, or construction related activities shall occur within the drip line of heritage tree or a significant tree as defined by this ordinance. See, 66 11. This includes but is not limited to storage of materials, grade gages or attatchment of wires to or around tree trunks,.stems or limbs. There will be no nailing of supports, lumber or forms of any kind. b. No structure or impervious. paving shall be located within the pripline or within a six (6) foot radius of the trunk perimeter, whichever is greater of any heritage or significant tree. A tree with a trunk of 30 inches or more shall require additional space considerations as determined by the City landscape architectural consultant or parksdirector. C. Herritage and significant trees shall be shielded from damage during any construction projects a chain link fence enclosing the entire dripline area. All exposed roots shallbe inside the fence or barrier, and shallhave a height of 6 feet as measured from the grade level. in all cases shere a protection barrier is to . be used around a protected.tree, the barrier shall be installed prior to commencement of any development on the.site and shall_ remain in place throughout the construction`period. d. Branches that could be injured by vehicles or that interfere may be pruned to the satisfaction of the City landscape architectural consultant or designee. 66 26 Application Contents a. The Community Development Diiector-ma-y, before accepting an application for a tree removal permit or development review as complete, may require the following: b. A comprehensive survey of all trees subject to this ordinance, including but not limited to species,. number, height, size, age, and diameter. Also condition, historic signigicance, and location, including possible effects to the community. said plan shall include both tables and a site plan at a scale determined by the City landscape architectural concultant. said plan shall further tabulate the number of trees to be removed and also contain a written justification for removal. C. Any other items required by the Community Development Director or his dessignee appearing on the application checklist. 66 27 Appeals a. Any interested party may appeal any determination of the Community Develoment Director or his designee made under this ordinance to the Planning Commission or other office having jurisdiction, by filing a written notice of appeal with the proper office within.10 days of the issuance of the notice of determination. b. Upon receipt of a timely appeal from a decision of the community development director or his designee, The Community Development Director or his designee, the Community Development Director shall set a hearing on the matter before the Planning Commission or the City Council. Not less the ten (10) days prior to the hearing date, notice of time, date, and place of the hearing shall be mailed to the appellant, 'and the property owners residing within 300 feet of the property in question. After the hearing on an appeal, the commission may reverse, affirm, ormodify the decision of the Community Development Director. 66 28 Penalties Each and every violation of this ordinance shall be guilty. of a seperate offense for each and every heritage and significant tree illegally damaged or removed. See 66 19. 66 29 Severability a. If any provision, section, clause or phrase of this ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portion of this ordinance shall not be effected thereby. The City Council hereby decrlares that it -would have passed this ordinance, and each section,- . subsection, sectence, clause and phrase hereof,,irrespective .of the fact that one or more of the sections, subsections, clauses or phrases hereof be declared invalid or unconstitutional. b. Twelve (12) months after the effective date of adoption of this ordinance, the Community Development Department shall conduct a review of the standards and procedures set forth in this ordinance to determine their effectiveness shall report to the City Council whether further revisions to the ordinance are appropriate._ C. The Mayor shall sign and the City Clerk shall certify to the passage of this ordinance and shall cause it to be published and posted pursuant to the provision of law in that regard, and this ordinance shall ttake effect. thirty (30) days after its final passage. APPROVED AND ADOPTED THIS day of _,___ .,.Mayos of the City of Diamond Bar Attest: City Clerk Please note in an effort to assist our new City of Diamond Bar,. I have taken it upon myself to prepare a Tree Ordinance to become part of your general plan. Several Cities have assisted me in providing copies of their tree plans and. ordinances which have been most useful. The City of La Vern, the City of San'Marino, and the City of Los Angeles have been most helpful and my sincere thanks - go out to them.• Also making recomendations were several persons of the U.S. Dept. of Fish and Game along with several professors' of botany in. local colleges. Please feel free to make any changes You feem fit, however in view of so many projects looming, I feel rapid adoption is paramount to save what is remaining of the beautiful trees and canyons in our new city. Thank you Don Schad INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Assistant PlannerqG SUBJECT: study Session for the City's Parking ordinance DATE: September 5 1995 Pursuant to the Commission's direction, the September 11, 1995 agenda includes a study session for the City's draft Parking ordinance. Attached is staff's recommended standards for the City's Parking ordinance, an interoffice memorandum .to the Planning Commission dated March 2, 1995, a parking standards comparison matrix, Los Angeles County Planning and Zoning Code Part it - Chapter 22. 52 Vehicle Parking Space, Ordinance No. 1 (1993) Trip Reduction and Travel Demand Measures, and the April 11, 1994 Planning Commission minutes concerning parking standards. Please review the attached information for discussion at the September 11, 1995 Planning Commission meeting. Attachments:, 1. Staff's recommended standards for the City's Parking Ordinance 2. An interoffice memorandum to the Planning Commission dated March 2, 1995 3. A parking standards comparison matrix 4. Los Angeles County Planning and Zoning Code Part 11 - Chapter 22. 52. Vehicle Parking Space 5. Ordinance No. 1 (1993) Trip Reduction and Travel Demand Measures b. The April 11, 1994 Planning Commission minutes concerning parking standards CITY OF DIAMOND BAR'S DRAFT MINIMUM PARKING STANDARDS APPLICABILITY The following minimum parking standards shall apply when a building or structure is erected, altered, or enlarged to increase floor space, number of dwelling units or guest rooms, or the use of occupant load of building or structure is changed. Mixed uses: total number of parking spaces required shall be the sum of the requirements for the various uses computed separately. Required parking spaces for one use shall not be considered as providing the required parking spaces for any other use unless allowed by an approved parking permit. LANDSCAPING Landscaping shall not be less than ten (10) percent of the total paved area of the parking lot. A minimum of fifty percent of the landscaping shall be distributed within the parking area and minimum of 50% shall be distributed around the perimeter of the parking area. Inside measurements of landscape planter areas shall not be less than three (3) feet wide. One (1) - 24 inch box tree, indigenous and drought tolerant, shall be installed every five (5) parking spaces. COMPACT PARKING STALLS Maximum 30 percent of the total parking spaces shall be compact for the following uses: office, industrial, warehouse, and wholesale. Maximum 20 percent of the total parking spaces shall be compact for all other uses. Minimum dimensions: eight (8) feet wide by sixteen (16) feet long. STANDARD PARKING STALLS Minimum dimensions shall be nine (9) feet wide by eighteen (18) feet long. CHURCHES, TEMPLES, OTHER Shall provide one (1) parking space for each three (3) fixed seats PLACES OF WORSHIP within the sanctuary area or for each 35 square feet of seating area where there are no fixed seats; eighteen (18) lineal inches of bench shall equal one (1) fixed seat. Occupancy determined pursuant to the Uniform Building Code. COMMERCIAL/RETAIL/ Shall provide one (1) parking space for each 250 square feet of SERVICE USES gross floor area. Shall provide one (1) parking space for each 200 square feet of [MEDICAL/PROFESSIONAL ES gross floor area. In no case shall there be less than five (5) parking spaces per doctor. DAY CARE FACILITIES Shall provide one (1) parking space per staff member and one (1) (adult, child, family) parking space per motor vehicle utilized in conducting the use. Day care facilities with more than six (6) children shall provide one (1) parking space per 10 children, one (1) parking space per staff member, and one (1) parking space per motor vehicle utilized in conducting the use. Additionally, a specific area shall be designated and marked for off-street drop-off and pickup of children. ENTERTAINMENT, ASSEMBLY, Shall provide one (1) parking space for each three (3) persons & DINING based on occupancy determined by the Uniform Building Code; one (1) parking space per 35 square feet of gross floor area with no fixed seats; eighteen (18) lineal inches of bench shall equal one (1) fixed seat. GOLF COURSE Shall provide ten (10) parking spaces per hole plus additional parking for all other buildings with the exclusion of the starter offices, comfort stations, and locker -shower rooms. DRIVING RANGE - shall provide one (1) parking space per tee. MINIATURE GOLF CENTER - shall provide three (3) parking space per hole. HOSPITAL, CONVALESCENT Every hospital shall provide two (2) parking spaces for each bed; HOSPITAL, ADULT RESI- and outpatient clinics, laboratories, pharmacies and other similar DENTIAL FACILITY, & uses shall provide one (1) parking space for each 180 square feet of GROUP HOME, FOR CHILDREN gross floor area. ADULT RESIDENTIAL FACILITIES & GROUP HOMES FOR CHILDREN shall provide one (1) parking space per staff member on the largest working shift and one (1) parking space per motor vehicle utilized in conducting the use. CONVALESCENT HOSPITAL shall provide one (1) parking space per staff member on the largest working shift, one (1) parking space per motor vehicle utilized in conducting the use, and one parking space per resident.' HOTEL/MOTEL Shall provide one (1) parking space per habitable room and one (1) parking space per employee on the largest working shift. Additionally, parking shall be provided for other uses incorporated into the hotel/motel. INDUSTRIAL Shall provide one (1) parking space per employee on the largest working shift or one (1) parking space per 500 square feet of gross floor area, which ever is greater plus one (1) parking space per, vehicle used directly in the conducting of such use. WAREHOUSING Shall provide one (1) parking space per 1,000 square feet of gross floor area and one (1) parking space per 250 square feet of gross floor area utilized for office or sales area. TRANSPORTATION DEMAND & Shall comply with the City's Ordinance. TRIP REDUCTION MEASURES RESIDENTIAL Shall provide two (2) standard parking spaces within a garage. 1. Single -Family Minimum garage dimensions shall be 24 feet wide by 18 feet long. 2. Two-Family (attached) Shall provide two (2) standard parking spaces within a garage per dwelling unit. Minimum dimensions per garage shall be 24 feet wide by 18 feet long. 3. Bachelor Apartment Shall provide one (1) standard parking space within a garage, plus one open space guest parking. Minimum garage dimensions shall be 12 feet wide by 18 feet long. 4. Efficiency or One Bedroom Apartment Shall provide two (2) standard parking space within a garage, plus one (1) open space guest parking. Minimum garage dimensions shall be 24 feet wide by 18 feet long. 5. Two Bedroom or More Shall provide two (2) standard parking spaces within a garage, plus one (2) open space quest parking. Minimum garage dimensions shall be 24 feet wide by 18 feet long. SENIOR CITIZEN Senior citizen housing shall provide parking spaces according to type of apartment number of bedrooms. (See previously mentioned requirements.) SHARED PARKING May be allowed with a Conditional Use Permit. AGREEMENTS' SCHOOLS 1. Grades one through twelve Shall provide a minimum of one (1) space per worker on duty and one (1) space for each three (3) students. 2. Colleges, Universities & Business/Professional/Trade Schools Shall provide a minimum of one (1) parking space for each three (3) students, one (1) parking space for each employee, plus additional parking for public assembly area based on occupancy pursuant to the Uniform Building Code. PARKS 1. Neighborhood Park Shall provide a minimum of five (5) parking spaces for the first two (2) acres, and one (1) space for each additional acre. 2. Community Park Shall provide a minimum of five (5) parking spaces per acre; shall add spaces for major facilities. a. Athletic field Shall provide a minimum of one (1) parking space per three (3) spectators - eighteen (18) lineal inches of bench shall equal one (1) fixed seat. b. Sports Stadium/Community Shall provide a minimum of one (1) parking space per three (3) Center/Swimming Pool spectators plus area for bus parking. c. Picnic Area/Botanical or Shall provide a minimum of one (1) parking space per four (4) Horticultural Displays persons. d. Art Gallery/Library Shall provide a minimum of one (1) parking space per 100 gross square feet of floor area. INTEROFFICE MEMORANDUM TO: Chairman and Planning commissioners FROM: Ann J..Lungu, Assistant Planner SUBJECT: Review of Parking Standards DATE: March 2, 1994 At the November 8, 1993 Planning Commission meeting, the Commission directed staff to prepare a draft parking ordinance for their review, at a later date, utilizing parking ordinances from other .cities and incorporating the Commission's comments. Parking ordinances were collect from the following cities: Glendale, Fullerton, San Dimas, Walnut, LaVerne, Upland, and Brea. Attached to this memorandum is a matrix comparing the most common parking standards of the previously mentioned cities and parking standards of Los Angeles County that are utilized by Diamond Bar.' In comparing the parking ordinances, it appears that other cities' parking standards are more restrictive than the standards Diamond Bar utilizes. . Applicability, purpose, and intent of all the ordinances is the same. The standards apply when a building or structure is erected, altered, or enlarged to increase floor space, number of dwelling units or guest rooms,. or the building occupant load is changed. The purpose and intent of the ordinances is to establish parking facilities designed of appropriate quality, useful to the community, contribute to public safety by providing sufficient on- site parking, mitigate, as much as possible, impacts on surrounding properties, and when feasible reduced the demand for parking. by encouraging car pooling, van pooling, and similar means to reduce congestion locally. 'Staff has reviewed and compared the collected parking ordinances with .Los Angeles County's parking standards. After reviewing standards from other cities and the County, and considering the parking situations at commercial sites within the City, the following are staff's recommendations for incorporation into a parking, ordinance for the City. of Diamond Bar. 1. LANDSCAPING: The Code requires that two percent (2-$) of the gross parking lot area be landscaped. In the cities surveyed, the requirement for landscaping within a parking lot area ranges from three percent (3%) to ten percent _(10%).. The contemplated draft General Plan's Land Use Element 1 strategies directs staff to enhance amenities and landscaping within commercial areas and use trees, shrubs, or vines to break visual monotony, soften the appearance of walls, reduce glare, heat, and reflection. The strategies also indicate that the development code include size and quantity of trees to be planted within new development and intensification of existing development. With the strategies of the draft General Plan in mind andstandards- utilized by other cities,- it is recommended that the landscaping standard for parking lots within Diamond Bar be upgraded to the following: a. Landscaping shall not be less than 8% of the total paved area of the parking lot.- Fifty percent of the landscaping shall be distributed within the parking area and 50% shall be distributed around the perimeter of the parking area. Landscape planter areas shall not be less than three (3) feet wide. One 24 inch box tree shall be installed every 10 parking spaces and minimum size of five (5) gallons shall be utilized for all shrubs. 2. COMPACT PARKING: According to the Code, up to 40 percent of the parking stalls may be compact. All the cities surveyed, except for Walnut, allow compact parking. But, the maximum percentage permitted ranges from 20 percent to 40 percent. In most instances, the minimum dimensions for compact parking is eight (8) feet wide by 16 feet long. From previous Planning Commission discussions, there is a desire to eliminate compact parking. The type of parking needed depends on the type and intensity of the land use. The Planning Commission may wish to consider utilizing compact parking for uses which incur long-term stays. Staff recommends that the Commission consider the following: a. To allow for. flexibility within the parking standards, if a new commercial development can not meet the number of parking spaces required, through the Development Review process, consider utilizing compact parking spaces for employees only. b. Utilized compact parking for businesses which incur long-term stays. C. Dimensions for compact -parking spaces shall be eight (8) feet wide and 16 feet long. 3. STANDARD PARKING: The dimensions for standard parking spaces within the Code is eight (8) feet in width and 18 feet in length. The dimension of standard parking spaces for a majority of cities surveyed is nine (9) feet wide and 18 feet long. Staff. recommends that the following dimensions for standard parking spaces be -considered.: a. Nine (9) feet wide and 18 feet long. 4. CHURCHES, TEMPLES, OTHER PLACES OF WORSHIP: The Code requires that one (1) parking space be provided for each five (5) persons. This requirement is based on occupant load of the largest assembly area pursuant to the Uniform Building Code. In the cities surveyed, the parking requirements are more restrictive than in Diamond Bar. Staff recommends that the followingstandards be considered for this type of use a. One (1) parking space for every three (3) fixed seats within the sanctuary area or for every 35 square feet of seating area where there are no fixed seats. b. Eighteen (18) lineal inches of bench shall equal one (1) fixed seat. C. Occupant load determined pursuant to Uniform Building Code. Within Diamond Bar, sometimes this type of use is located at a site that is heavily utilized on week days and not utilized on weekends or evenings. In this case, a shared parking agreement shall be developed to the satisfaction of the City which may included a parking study. 5., COMMERCIAL USES/PROFESSIONAL OFFICES: The Code requires that one (1) parking space. be provided for each 400 square feet of floor area of any building or structure. Parking requirements are more restrictive in cities surveyed. The requirements range from one (1) parking space for each 200 square feet of gross floor area to one (1) parking space for each 333.33 square feet of floor area. 3 The contemplated draft General Plan indicates that the function of the City's street network is for access to adjacent properties and the movement of persons and goods into and through out the City. One of the goals in the Circulation Element is to provide or regulated the provisions of the supply of parking to meet the needs of both residents and commercial businesses. With this in mind, adequate parking should__be provide on commercial or office sites. Considering several existing commercial and professional office sites within the City of Diamond Bar and goals, objectives, and strategies within the contemplated draft General Plan, staff recommends that the Commission consider the following change to the existing standards utilized by the City: a. One (1) parking space for every 250 square feet of gross floor area. 6. MEDICAL USES: The Code require that one (1) parking space1 be provided for each 250 square feet of floor area. In the cities surveyed, the parking requirement range from 5.5 parking space for each 1,000 square feet of gross floor area to one (1) parking space for each 200 square feet of floor area. Office buildings within Diamond Bar, utilized totally for medical or medical in combination with other uses, have inadequate parking. Therefore, staff recommends that the Commission change the required number of . parking spaces to the following: a. One (1) parking space for every 200 square feet of gross floor area. b. In no case shall there be less than five (5) spaces per doctor. 7. DINING: The Code requires that one (1) parking space per three (3). persons be provided based on occupant load determined by the Uniform Building Code. In the cities surveyed, the parking requirements range from one (1) parking space per three (3) persons to one (1) parking space per five (5) person, base on occupant load determined by the Uniform Building Code; or one (1) parking space for each 25 square feet of gross floor area to one (1) parking space for each 100 square 'feet of gross floor area. 4 Considering several commercial sites within Diamond Bar that incorporate restaurants, staff recommends that the Commission expand the current parking requirements to the following to insure adequate parking. a. One (1) parking space per. three (3) persons based on occupant 'load determined by the Uniform Building Code. b. One (1) parking space per 35 square feet of gross floor area with no fixed seats. C. Eighteen (18) lineal inches of bench shall be considered as one (1) fixed seat. 8. ENTERTAINMENT, ASSEMBLY (conference room, lounge, nightclub, theater, auditorium, dance hall, gymnasium, health club, etc.): Parking requirement, pursuant to code, is one (1) parking space per three (3) persons based on, occupant load determined by the Uniform Building Code. Parking standards of cities reviewed are fairly consistent with Diamond Bar. Staff feels that the Commission should• expand these standards to the following to insure adequate parking for such uses: a. One (1) parking space per three (3) persons based on occupant load determined by the Uniform Building Code. b. One (1) parking space per 35 square feet of gross floor area with no fixed seats. C. Eighteen (18) lineal inches of bench shall be considered as one (1) fixed seat. d. Two (2) parking spaces per court, plus required parking for remainder of facility. 9. GENERAL RETAIL/ SERVICES: The Code requires that one (1) parking space be provided for each 400 square feet of floor area. Parking requirements for the cities surveyed ranges from 5.5 parking space for each 1,000 square feet of floor area to one (1) parking space per 250 square feet of gross floor area. Again, contemplated draft General Plan's goals and strategies previously referred to also apply for general retail/services use. Generally, the contemplated draft General Plan dictates that adequate parking for all types of land uses should be provided within the City of Diamond Bar. Keeping this in mind, staff recommends that the Commission consider revising parking standards for this use to the following: { a. One (1) parking space for each 250 square feet of gross floor area. 10. WAREHOUSING: Staff recommends that the City continue to utilize the County standard and one addition as follows: a. One (1) parking space per 1,000 square feet of gross floor area. b. One (1) parking space per 250 square feet of gross floor area utilized for office or sales area. 11. TRANSPORTATION DEMAND & TRIP REDUCTION MEASURES: It is the policy of the City of Diamond Bar and a requirement of Ordinance No. 01 (1993) to minimize the number of peak period vehicle trips generated by additional development, promote the used of alternative transportation, improve air quality, participate in regional and country wide efforts to improve transportation demand and management, and implement parking management programs. Pursuant to Ordinance -.No. 01 (1993), non-residential development of 25,000 square feet or more shall provide transportation information, to the satisfaction of the City, on a bulletin board or similar device, located where the greatest number of employees are likely to see it, the following information: a. Maps, routes, and schedules' for public transit routes serving the subject site; b. Telephone numbersfor referrals on transportation information including telephone numbers for the regional ridesharing agency and local transit operators; C. Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; d. A listing of facilities available at the site for carpoolers, vanpoolers, bicyclists, transit riders, and pedestrians. Non-residential development of 50,000 square feet or more is required to comply with the above mentioned standard in addition to the following: a. Not less than 10%.of employee parking area(s) shall be located -as close as is practical to the employee entrance(s), and shall be reserved for carpool/vanpool vehicles; b. Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles; C. Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first 50,000 square feet of non-residential development and one (1) bicycle per each additional 50,000 square feet. Non-residential development of 100,000 square feet or more is required to comply with all of the previously mentioned standards in addition to the following: a. A safe and convenient zone in which vanpool/carpool vehicles may deliver or board their.passengers; b. Sidewalks or other designated pathways following direct and safe routes from the external pedestrian- circulation system to each building in the development; C. If determined necessary by the City, bus stop improvements must be provided; d. Safe and convenient access from the external circulation system to bicycle parking facilities on-site; To promote compliance with transportation demand and trip reduction measures, incentives such as reductions in the amount of required off-street parking for those owners/developers of offices and industrial developments' who make significant contributions to programs promoting employee use of mass transit or ridesharing alterna- tives, subsidizing transit fares and vanpool costs, or preferred parking spaces for carpool or vanpool vehicles can be offered. Pursuant to the Commissions recommendation, standards taken from Ordinance No. 01 (1993) will be added to the City's parking ordinance. Provisions for a shared parking agreement will be. added to the` City's parking ordinance. The following is a suggest criteria: 1.Shared parking agreement may be allowed with . a Conditional Use Permit. a.' The applicant shall provide a parking study prepared by a registered traffic engineer that specifically analyzes the parking generation demands, hours of operation, and other related issues of all uses involved. b. A shared parking agreement shall be developed, in a form, to the satisfaction of the City. It shall address the amount of parking provided and the justification for any reduction in the number of spaces required for the uses involved. Furthermore, any other required easement, lease, licensed agreements or other .legal instruments shall be provided before approval of any shared parking agreement.. 2. Shared parking shall only be permitted on properties that are adjacent, that are within a integrated shopping center or where an off-site parking agreement has been approved. 3. Off-site parking may be permitted for non-residential projects subject to approval of a Conditional Use Permit and the following criteria: a. All off-site parking facilities shall be located within 300 feet of the property where the use in question is located, unless a binding agreement is provided to furnish transportation access from a parking facility to the use in question on a regular basis. The Commission expressed a desire to have the City's parking ordinance include a provision for a parking acquisition fund. The intent of collecting such a fund is to allow a municipality to finance and build central parking areas, which, when constructed, would be available. to the customers and employees of those business that have contributed to the acquisition fund. Additionally, this provision will allow a- developer of a commercial project to pay a fee when the required number of on- site parking spaces can not. be provided. Typically, fees are based on the costs or a percentage of costs for providing parking. Although a parking acquisition fund provides fees for construct of central parking areas, it is not without problems. Some of the problems include convincing developers and the financial community that payments of fees -in -lieu of parking will, in fact; result in the construction of parking facilities; choosing and acquiring sites in locations convenient to those land uses that contribute fees -in -lieu; collecting sufficient in -lieu contributions to make the actual construction of parking facilities -feasible; determining the appropriate charges for fees -in -lieu contributions; and for the management of any parking facility constructed through the collection of such fees. Provision for a parking acquisition fund is not addressed in the ordinances reviewed. Traditionally., parking acquisition funds are utilized in cities that have "down -town" areas and a redevelopment agency. The City of Diamond Bar does not have either. Until a need is identified for a parking acquisition fund, it may not be appropriate to incorporated provision for one in a parking ordinance for Diamond Bar. Residential Development parking standards are often controversial. The controversy typically revolves around higher density development and elderly housing. When deciding on parking standards for residential development, concerns should be focused on housing types, floor area in square footage, number of bedrooms of each unit, availability of on -street parking, automobile ownership patterns, housing ownership patterns, degree of affluence which may effect automobile ownership, and available alternative means of transportation. 1.. Single -Family: The Code requires that two (2) covered parking spaces be provided per dwelling unit. In a majority of cities surveyed, two (2) standard parking spaces within a garage per unit are required. In order to maintain a neighborhood characteristic that does not create traffic hazards or unsightly aesthetics, an to maintain the prevailing neighborhood characteristics within Diamond Bar, staff recommends the following be a requirement of the City's parking ordinance: a. Two (2) standard parking spaces within a garage 2. Taio-Family: The Code requires that one and one-half (12) covered, plus one-half (21 uncovered standard parking spaces be provided. Most cities surveyed required two (2) car garages per dwelling unit. Staff recommends that the Planning Commission consider adding the following be, a.requirement of the City's parking ordinance: a. Two (2) standard parking spaces within a garage. 3. Bachelor/Efficiency/One, Two or More Bedroom Apartments: The Code requires the following: one covered standard parking spaces per dwelling unit for bachelor apartments; one and one-half (12) covered standard parking spaces per dwelling unit for efficiency or one bedroom apartments; and'one and one-half (12) covered standard parking spaces, plus one-half (2) uncovered _parking spaces per dwelling unit for two (2) or more bedrooms. In the cities surveyed parking requirements vary from one and one-half (12) standard -parking spaces with one .(1) within a garage and one-half (2) uncovered to two (2) covered parking spaces, plus one-half (2) uncovered to two (2) spaces per dwelling unit within a garage. The requirements for guest parking ranged from one-half (2) to one (1) parking space per dwelling unit. 9 Considering unsightly aesthetics, congestion due to. street parking, staff recommends the following standard' be incorporated into the City's parking ordinance: Senior Citizen Residential Development parking standards assume, with some justification, that senior citizens own significantly fewer cars than the rest of the driving population. The question is How significant are the differences? Also, there are related questions regarding differences in. car ownership for. senior citizens that are somewhat affluent or with limited income; housing where special care is provided; housing which offers no special care; availability of on -street parking; the proximity to shopping; and the availability of alternative means of transportation. Parking standards tend to underestimate the number of healthy senior citizens who own and drive cars and take care of their own needs and may require similar parking standards as dwelling units of the general population. The Code requires that one-half (k) standard, covered or un- covered, parking space be provided per dwelling unit. Addition- ally, it requires that one (1) standard• parking space for each eight (8) units be provided. In the most of the cities surveyed, the parking standards for elderly housing was not addressed which allows the assumption that the parking standards that apply for residential development, apply for senior housing. One city requires that one (1) covered and one (1) uncovered parking space per dwelling unit be provide. A goal in the contemplated draft General Plan states "Provide or regulate the provisions of the supply of parking to meet the needs for both residents and commercial businesses". In the Housing Element a strategy states "Establish parking requirements for housing to a level consistent with the occupants transportation needs". Considering the goals, objectives, and strategies of the contemplated draft General Plan, the affluency of Diamond Bar, the availability' of convenient alternative -means of transportation, and unsightly aesthetics which will interfere with maintaining the prevailing neighborhood characteristics within Diamond Bar, staff recommends that the Planning Commission consider the follow: a. Efficiency/one Bedroom Apartments - one (1) standard parking space within a garage, plus one-half (2) space open guest parking per dwelling unit. b. Two Bedroom Apartments - two (2) standard parking spaces within a garage, plus one (1) open guest parking space per dwelling unit. C. Three or More Bedroom Apartments - a minimum of two (2) standard parking spaces within a garage, plus one (1) open guest parking space per dwelling unit or as approved by the Planning Commission. 10 approved by the Planning Commission. d. Or developer/owner of the property shall provide a parking study to determine the required number of parking spaces to be reviewed and approved by the City. RECOMMENDATION: Staff recommends that the Planning. Commission review the information presented and prepare to discuss additions and changes which -the. Commission desires to incorporated into the City's parking ordinance. Attachments: 1. Parking Standards Comparison Matrix 2. L. A. 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Q} r V Y •cvo rr='E E,N D y D L7 ^' u v 30�y•�,E cv K .- -' •`+ •> vC u T U N wW--= a1 NY•'N ^.', t..:;^... V s U N N _ W V be Gu N .-w1+ ° o C• o �� � o D u� v C. " C i C o� N ,^3- x � v m� 5 n s; 3a N °•o u Y u -` a �v' = r r R- c :^ '•-= S~ L co ° D C a.C. y u .; �^.. U G U f.• O p C .- U d :J ., •� • Q O a°i �U• `. O '1, D C� •^. as F V sre- t4-� y D o N-+ •;� " .::i: U E i y L° V C W ... 3 U U �' N •� _C •- C -. C y U C O UJ 'f. -� 4°. U N a G •N U U n O '�' r E �.> U f: J D z Cl V ..... .- 'J ^- UL� E"' N O ^ '-' '/•' R Ci Lq 7 S y -' D n N • ''_� N •^ G• C:.:; �' GD > UC N V M G r,9 C o> U G .. r- •> R G LL's" �q �� R C. Pj y�'L• ¢ ¢T.N c.. o m i .: -' t^ R N Sw V u.0 U N m �: YORDINANC.E7:N0.-,01"(1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY _ OF DIAMOND BAR ADDING A NEW CHAPTER 22.78 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED BY REFERENCE PERTAINING TO TRIP REDUCTION AND TRAVEL DEMAND MEASURES A. Recitals. (i) The -Legislature of the State of California has found that the lack of an integrated transportation system and increases in the number of vehicles are causing traffic congestion that each day.results in hundreds of thousands of hours lost in traffic, tons of pollutants released into the air and millions of dollars of added costs to the motoring public. (ii) The Legislature has adopted legislation _requiring the preparation and implementation Of a Congestion Management Program ("CMP") by"county transportation commissions or other public agencies of every county that includes an urbanized area. The Metropolitan Transportation Authority ("MTA") :is responsible for the preparation of the O-? for Los Angeles County ("Cqunty"). (iv) The CMP must contain a trip reduction and travel demand management element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots, improvements in the balance between jobs and housing, and other strategies, including flexible work hours," telecommunting and parking management programs. 1 (v) The County and every city within the County is required by law to adopt and implement a Transportation Demand Management (IITDM"-)--.ordinance- -as -an important element of the Congestion Management Program to relieve congestion and improve air quality. (vi) MTA must determine annually whether the County and cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM ordinance. (vii) Because the CMP is an evolving program which will be developed incrementally, as experience -is gained through its implementation, this TDM Ordinance may be amended or superseded from time to time, as necessary to meet congestion and. air quality goals. (viii) The_State Clean Air Act requires regions to attain a 1.5 person per vehicle occupancy rate during the commute period by the year 1999. (ix) This Ordinance is intended to comply with the CMP's requirements for a TDM ordinance.. The requirements of South Coast Air Quality Management District ("District") Regulation XV are separate from this Ordinance, and administrated by the District: Nothing herein is intended, nor shall it be construed, to limit or otherwise preclude employers from offering or providing additional inducements to use alternatives to single-occupant.vehicles to their employees necessary to meet Regulation XV requirements. 2 (x) In order to use the existing and planned transportation infrastructure more efficiently, maintain or improve traffic levels of service, and lower motor vehicle emissions, it his the -policy of.the City. -of Diamond Bar:to minimize- -:the number.,of peak period;;yehicle trips generated by additional development, promote the use of alternative transportation, -improve-air quality -and participate in ,regional and-countywide.efforts-to improve: transportation demand and management. (xi) The Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the within ordinance on February 22 , 1993 and recommended, by its Resolution No.PC93-pt that this City Council adopt the within ordinance. (xii) This City Council, on March 2 , 1993, conducted a duly noticed public hearing as required by law on the within ordinance and concluded said hearing prior to the adoption of this Ordinance. (xiii) All legal prerequisites to this adoption of this Ordinance have occurred. B. Or!JiMM09._ NOW THEREFORE, the City Council of the city of Diamond Bar does ordain as follows: section ,l: In all respects as set forth in the Recitals, Part A, of this ordinance. 3 x ection 2: 'The'City Council -hereby finds that Negative Declaration No,g3_4 .has been prepared in compliance with the_California--Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, that said Negative Declaration and the Initial -Study therefor reflect the in judgment of the City of Diamond Bar, and further, this City Council has reviewed and considered the information contained in said Negative Declaration No. 93-4 with respect to the ordinance set forth herein. Section 3: The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into the proposed ordinance, no significant adverse environmental effects Z, will occur. Section g: The City Council finds that facts supporting the above-specified findings are contained in the Negative Declaration, -the staff report and exhibits, and the information provided to this City Council during the public hearing conducted with respect to the ordinance and the Negative Declaration. Section 3: Pursuant to the provisions of s 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration No.... 93-4 , there is no evidence before this City Council that the proposed Ordinance will have potential for an adverse impact on wildlife 4 resources or the habitatupon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff report and exhibits, and the information provided to the City Council during the public hearing, this City Council hereby rebuts the presumption of adverse effect as set forth in § 753.5(c -1-d) of Title 14 of the California Code of Regulations.- Section egulations.Section 6: A new Chapter 22.78 hereby is added to Title 22 of the Los Angeles County Code as heretofore adopted by reference to read, in words and figures, as follows: "CHAPTER 22.78 "TRIP REDUCTION AND TRAVEL DEMAND MEASURES "Sections: 1122.78.010 Definitions !'22.78.020 Review of Transit Impacts 1122.78.030 Transportation Demand and Trip Reduction Measures 1122.78.040 Monitoring 1122.78.050 Penalties for Violation of Chapter "22.78.060 Civil Remedies Available "22.78.070 Severability "Section 22.78.010. DEFINITIONS "The following words or phrases shall have the following meanings when used in this Chapter: ".A. 'Alternative Transportation' means the use of modes of transportation other than the single 5 passenger motor vehicle, including,•but not limited to, carpools, vanpools, buspools; public " transit, walking and bicycling. "B. `Applicable Development' means any develonment project that is determined to meet or exceed the project size threshold criteria contained in Section 22.78.030. "C. `Buspool' means a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with.a fixed route, according to a fixed schedule. "D. `Carpool' means a vehicle carrying two (2) to six (6) persons commuting together to and from work on -' a regular basis. "E. `The California Environmental Quality Act (cEQA)' means the provisions of California Fublic Resources Code H 21000, et seq., and the Guidelines promulgated thereunder, (Division 6 of Title 14 of the California Code of Regulations). "F. `-Developer' shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Chapter as determined by the property owner. E• "G. 'Development' means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this Chapter and which exceed the thresholds defined in Section 22.78.030 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage. "H. 'Employee Parking Area' means the portion of total required parking at a development used by onsite employees. Unless otherwise specified in the Zoning Code, employee parking shall be calculated asYfollows: Percent of Total Required °YP_e-° Parking oted.tonployees "Commercial 30% "Office/Professional 85% "Industrial/Manufacturing 901 "I. 'Preferential Parking' means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a -regular basis that are provided in a location more 7 convenient to a place of employment than parking spaces provided for single occupant vehicles. "J. 'Property Owner' means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for -complying with the provisions of the ordinance either directly or by delegating such responsibility as appropriate to a tenant and/or agent. K. 'South Coast Air Quality Management District (SCAQMD)' is the regional authority appointed by the.California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non -desert portions of Los Angeles, Orange, Riverside, and San Bernardino counties.) "L. 'Tenant' means the lessee of facility space at an applicable development project. "M. 'Transportation Demand Management (TDM)' means the alteration of travel behavior -- usually on the part of commuters -- through progr—s of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period 8 or eliminate them altogether (as is the case in telecommunting or compressed work weeks).. "N• 'Trip Reduction' means reduction in the number of work-related trips,made by single occupant vehicles. "O. 'Vanpool' means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers, and on.a prepaid, subscription basis. "P. 'Vehicle' means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.' "Section 22.78.020. _,.,REVIEW .OF... TRANSIT -IMPACTS "All development projects for which an Environmental Impact Report (EIR)'is required to be prepared shall be subject to the hand Use Analysis Program contained in the Los Angeles County Congestion Management Program (CMP), and shall incorporate into the EIR an analysis of the projects impacts on the regional transportation system. Said analysis shall be conducted, consistent with the Transportation Impact Analysis (TIA) Guidelines contained in the most recent Congestion Management Program adopted by the Los Angeles County Metropolitan Transportation Authority. 9 "Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared _. pursuant to -or -based -on -a local determination, regional and municipal, fixed -route transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice of Preparation (NOP) for a Draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this ordinance shall be exempted from its provisions. The 'Transit Impact Review Worksheet', contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all ' contemplated EIR Is and shall, as part of the NOP process, be given opportunity to comment on -the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile -trips on the CMP network. Impacts and recd=ended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. "Phased development projects, development projects subject to a development agreement, or development projects 10 requiring subsequent approvals, need not repeat this process as long as no significant changes are made in the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. "Section 22.78.030. TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES "A. Applicability of Requirements "Prior to approval of any development project, the applicant shall make provision for, at a minimum, all of the following applicable transportation demand management and trip reduction measures. "This Chapter shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to California Government Code § 65943, or for which a Notice of Preparation for a DEIR has been circulated or for which an application for a.building permit has been received, prior to the effective date of this Chapter. "All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. "B. Development Standards "1. Non -Residential development of 25,00d square feet or more shall provide the following to the statisfaction of the City: • 11 A bulletin board, display case, or'kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following: "(1) Current maps, routes and schedules for public transit routes serving the site; "Q) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; "(3) Ridesharing promotional material supplied'by commuter -oriented organizations; "(4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; "(5) A listing of facilities available at the site for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians. 112. :Non -Residential --development of 50,000 square feet or.,more.shall comply with Section 22.78.030 B.1, above, and shall provide all of the following measures to the satisfaction of the City: "(a) Not less than 10% of employee parking area(s), shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing 12 handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining access to such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one -space for projects of 50,000 square feet to'100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles. "(b)Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. Nhen located within a parking structure, a minimum vertical interior clearance of 712" shall be provided for such spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas. Bicycle racks or other secure bicycle parking shall be provided to accommodate 4 bicycles per the first 50, 000 'square feet of non-residential development and 1 bicycle per each additional 50,000 square feet of non- residential development. Calculations which result in'a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a 13 fully enclosed space or locker accessible only, to -the owner or user of the .bicycle, which protects the bicycle from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City. "3. Non=Residential development`of��100,o00 square feet r _.4. �or�.more shall comply with'Sections 22.78.030 B.1 and B.2 above, and shall provide all of the following measures to the satisfaction of the City: "(a) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers. "(b) Sidewalks or other designated pathways following direct and safe routes from the external yh` pedestrian circulation system to each building in the development.. "(c) If determined necessary by the City to mitigate the project impact,bus stop improvements must be provided. The City will consult with the local bus .service providers in determining appropriate improvements. when locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops. "(d) Safe and convenient access frog the external circulation system to bicycle parking facilities onsite. 14 "Section 22.78.040.. :,MONITORING "The City shall ensure compliance with the measures required by this Chapter during project implementation. The project applicant shall demonstrate compliance with each measure in a written report submitted to the City prior to the issuance of building permit and show compliance prior to issuance of certificate of occupancy. As applicable, applicants may be rev_uired to provide periodic reports regarding compliance with such measures. "Section 22.78:050. PENALTIES'FOR_VIOhATION OF CHAPTER "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to v > fail to comply with any of the requirements of this Chapter. Any person, firm, partnership or corporation violating any provisions of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished. by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by -both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed•guilty of a separate offense for each and every day or any portion thereof during which any violation of any.of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Chapter. 15 "Section 22.78.060. "CIV�_LREMEDIES`AVAILABLE "The violation of any of the provisions of this Chapter shall constitute a nuisance -and -may be abated by - the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances - "Section 22.78.070: SEVERABILITY "The City Council declares that, should any provision, section,paragaraph, sentence or word of this Chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation,"the remaining provisions, sections, _ paragraphs, sentences and words of this Chapter shall remain in full force and effect." Section 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6B. ADOPTED AND APPROVED this 15th day of March Mayor " 16 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular -meeting of the City Council of the City of Diamond Bar held on the 2n,j day of March. 1993, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar held on the +i, day of March 1993, by the following voter AYES: COUNCIL MEMBERS: Forbing, MacBride, Werner, Mayor Pro Tem Papen, Mayor Miller NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: ity�Clerk of the City of Diamond Bar L. C130MORDADD22.79%D3 6-6.1 17 April 11, 1994 Page 5 3. Review of Parking Standards C/Flamenbaum recommended that staff provide a report on.each of the items listed in the staff report regarding Parking Standards, allowing the Planning Commission an opportunity to provide 'input on each item. The Planning Commission concurred. AP/Lungu reported that the Planning Commission directed staff to prepare a draft parking ordinance for their review, utilizing parking ordinance from other cities and incorporating the Commission's comments from the November 8, 1994 meeting. She stated that, after reviewing the parking standards in Los Angeles County's Planning and Zoning Code as well as the parking ordinances from cities surveyed, and considering the parking situations at commercial sites within the City, the following are staff's recommendations for incorporation into a parking ordinance for the City: o Landscaping — Landscaping shall not be less than 8% of the total paved area of the parking lot. Fifty percent of the landscaping shall be distributed within the parking area and 50% shall be distributed around the perimeter of the parking area. Landscape planter areas shall not be less than three (3) feet wide. One - 24 inch box tree shall be installed every 10 parking spaces and five (5) gallon minimum size for all shrubs. C/Flamenbaum suggested that landscaping requirements be more focused on the use of trees, rather than bushes, to reduce the reflectivity in the parking lots. AP/Lungu stated that the ordinance specifically indicates the number of trees; and only the planter areas are calculated in terms of percentages. In response to C/Fong, AP/Lungu explained that staff determined that 8% landscaping would be appropriate for the City based upon the percentage used in other cities, what is currently utilized Diamond Bar, and what is suggested in the General Plan. C/Schad suggested that landscaping be increased to not less than 20% of the total paved area of the parking lot to add more beauty to the parking areas. April 11, 1994 Page 6 AP/Lungu, in response to Acting Chair/Plunk, stated that the percentage used by other cities surveyed ranged from 2% to 10 %. CDD/DeStefano suggested that the Planning Commission receive the entirety of the presentation, providing input with respect to each of the components. Then provide direction to staff with appropriate amendments to the ordinance. C/Flamenbaum expressed his desire to seek consensus and provide direction on each component as it is reviewed. He then- stated that he feels 20% is not appropriate because it is too prohibitive. He stated that the 5 gallon shrubs should be eliminated, and the number of trees should be increased, requiring them to be indigenous and/or drought tolerant. C/Fong inquired if the ordinance allows some creativity on the part of the landscape architect. AP/Lunqu stated that the landscape architect is allowed some creativity in terms of the amount of landscaping used above the minimum requirement, the variety of trees, and so forth. CDD/DeStefano stated that the purpose of the report is to respond to the Planning Commission's direction in reviewing the parking standards of the community, which will lead to a specific zoning ordinance amendment with specific changes to the zoning code. He suggested that the Planning Commission may.prefer to provide staff with, some general direction regarding the Parking Standards, understanding that the specifics will be debated when the zoning ordinance comes back before the Commission for review. The Planning Commission concurred that a higher percentage of landscaping is desired, with more trees than bushes, using 24" box trees about every 5 spaces, and with trees that are indigenous and drought tolerant. Compact Parking a. To allow for flexibility within the parking standards, if a new commercial development can not meet the number of parking spaces required, consider utilizing compact parking spaces for employee only. b. Utilize compact parking for businesses which incur long-term stays. C. Dimensions for compact parking spaces shall be eight (8) feet wide and sixteen (16) feet long. April 11, 1994 Page 7 C/Flamenbaum suggested that the compact parking definition be increased to 9 feet wide and 16 feet long. C/Fong inquired what percentage of compact parking is allowed by the County. AP/Lungu stated that the LA County Code allows the City up to 40% for compact parking. She stated that the cities surveyed range for 20% to 40% for compact parking. CDD/DeStefano stated that staff will come back with a specific recommendation upon further investigation. However, the percentage allowed for compact parking most likely will depend upon the type of use, such office, retail, manufacturing, etc. C/Schad concurred .with the 9 foot width and 16 foot length on the dimensions for compact parking. Acting Chair/Plunk stated that she would prefer to see dimensions for compact parking spaces to be no less than 8.5 feet wide and larger than 16 feet wide. o Standard Parking a. Nine (9) feet wide and eighteen (18) feet long C/Fong and C/Schad concurred with the suggested minimum dimensions. Acting Chair/Plunk suggested a minimum of 19 feet in length. o Churches, Temples, Other Places Of Worship a. One (1) parking space for every three (3) fixed seats within the sanctuary area or for every 35 square feet of seating area where there are no fixed seats. b. Eighteen (18) lineal inches of bench shall equal one (1) fixed seat. C. Occupant load determined pursuant to Uniform Building Code. c/Schad indicated his desire for further input from some of the larger churches before making a decision. He pointed out that the larger vehicle, that can hold more family members, is usually taken to church. The Planning Commission concurred that more information is needed to make a final determination. However, if the information gathered confirms the recommendation, then the Commission would concur with the recommendation as stated. April 11, 1994 Page 8 C/Fong suggested that staff contact a church planning architect to gather information. Acting Chair/Plunk noted that the requirements for churches, etc. seems the same as the requirements for entertainment and assembly. The Planning Commission concurred to use the same standard for each use. o Commercial Uses/Professional Offices. a. One (1) parking space for every 250 square feet of gross floor area. CDD/DeStefano pointed out that the parking problems for commercial/ professional uses, as well as medical uses, are the two biggest problem areas in the City. He noted that shopping centers with high occupancy rates having parking ratios of 1 for every 250 square feet of gross floor area don't seem to have a problem. C/Flamenbaum suggested that five (5) parking spaces for every 1,000 square feet of gross floor area, as is used by.the Intercommunity Hospital, may be more appropriate. He noted that professional uses in a center could also include medical uses. Therefore, one should not really differentiate between the two uses for parking requirements. C/Fong concurred with staff's recommended requirements for both commercial uses, professional office and medical uses. C/Schad, noting the parking problems in the centers throughout the City, concurred with C/Flamenbaum's suggested requirements. Acting Chair/Plunk concurred that professional and medical uses are interchangeable, and should have the same parking considerations. She stated that the parking requirements.for medical uses should be five (5) spaces per doctor. C/Flamenbaum suggested that the parking ratio, be determined on floor space rather than the number of physicians in attendance. o Medical Uses a. One (1) parking space for every 200 square feet of gross floor area. b. In no case shall there be less than five (5) spaces per doctor. April 11, 1994 Page 9 The Planning Commission concurred with the recommended requirements, understanding that the floor ratio is preferred over the number of physicians in attendance in determining the parking requirements. o Dining a. One (1) parking space per three (3) persons based on occupant load determined by the Uniform Building Code. b. One (1) parking space per 35 square feet of gross floor area with no fixed seats. C. Eighteen (18) lineal inches of bench shall be considered as one (1) fixed seat. The Planning Commission concurred with the recommended requirements. o Entertainment, Assembly The Planning Commission concurred that the parking requirements for entertainment and assembly should be the same as the parking requirements for churches, temples, etc. o General Retail/Services a. One (1) parking space for each 250 square feet of gross floor area. CDD/DeStefano, in response to C/Flamenbaum, stated that new developments in existing centers would need to comply with the current code in place at the time they apply for the project. C/Flamenbaum, noting that there is room for in -fill in many of the existing centers, expressed concern that changing the number of required parking spaces in existing commercial centers may result in the loss of the proposed business. He then suggested that it may be appropriate to require parking lots to be designed with relatively easy ingress and egress. CDD/DeStefano explained that all new projects will require, at minimum, a design review approval by the Planning Commission, allowing the Commission to address concerns regarding circulation. There was concurrence among the Planning Commissioners that the recommended standard is acceptable. Acting Chair/Plunk suggested that copies of the parking standards be sent to the Chamber of Commerce and other organizations that may possibly be affected. April 11, 1994 N 0 0 Page 10 Acting Chair/Plunk requested staff to investigate the affects of a grandfathering clause for in -fill structures at existing centers. warehousing a. One (1) parking space per 1,000 square feet of gross floor area. b. One (1) parking space per 250 square feet of gross floor area utilized for office or sales area. Transportation Demand & Trip Reduction Measures AP/Lungu noted that the recommended standards, as indicated on page 6 and 7 of the staff report, are measures recommended by the Planning Commission to the City Council for adoption. Shared Parking Agreements 1. Shared parking agreement may be allowed with a Conditional Use Permit C/Flamenbaum requested a report on how well current shared parking agreements in the City, and other communities, are doing. o Parking Acquisition fund AP/Lungu stated that since the City currently does not have a "down -town' area, it may not be appropriate to incorporate this provision in a parking ordinance. The Planning Commission concurred. o Residential Development 1. Single-family a. Two (2) standard parking spaces within a garage. 2. Two-family a. Two (2) standard parking spaces within a garage. C/Flamenbaum suggested that the garage space for single- family residential be increased to a minimum size of 12 feet by 18 feet, thus allowing more area for storage as well as parking. Acting Chair/Plunk suggested that driveways be required to be constructed long 'enough to accommodate 2 cars on the driveway. Apri1,11, 1994 Page 11 3. Bachelor/Efficiency/One, Two or More Bedroom Apartments a. One covered standard parking spaces per dwelling unit for bachelor apartments; b. one and one-half (1 1/2) covered standard parking spaces per dwelling unit for efficiency or one bedroom apartments; C. One and one-half (1 1/2) covered standard parking spaces, plus one-half (1/2) uncovered parking spaces per dwelling unit for two (2) or more bedrooms. Acting Chair/Plunk expressed concern with allowing 1/2 spaces. She stated that the one and one-half (1 1/2) parking space requirement for efficiency or one bedroom apartments is inadequate. o Senior Citizen Residential Development a. Efficiency/One Bedroom Apartments - one (1) standard parking space within a garage, plus one- half (1/2) space open guest parking per dwelling unit. b. Two Bedroom Apartments - two (2) standard parking spaces within a garage, plus one (1) open guest parking space per dwelling nit. C. Three or More Bedroom Apartments - a minimum of two (2) standard parking spaces within a garage, plus one (1) open guest parking space per dwelling unit or as approved by the Planning Commission. C/Schad requested staff to insert a statement indicating that ADA requirements will be met. Acting Chair/Plunk stated that she would prefer to see the parking standards for seniors higher than what was allowed for the Heritage Park Senior Apartments. CDD/DeStefano explained that the parking standards for senior dwellings depend upon the type of care the facility is providing. He .explained that independent care facilities tend to have higher parking standards because seniors are more active and mobile, as compared to congregate care type of living facilities, and so forth. He stated that Diamond Bar is likely to see independent care type facilities for the next several years. In response to C/Schad's concern, AP/Lungu stated that the parking standard for three or more bedroom senior apartments suggested by staff requires a separate guest parking space, and not tandem parking. April 11, 1994 Page 12 Acting Chair/Plunk noted that it was the consensus of the Commission to direct staff to formulate a specific zoning code amendment, incorporating the Planning Commission's comments, and---be--brought back at a future meeting for the Planning Commission's review.