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HomeMy WebLinkAboutMINUTES - 09201994 - IO.7 TO: BOARD OF SUPERVISORS 1 .0.-7 .......... Contra INTERNAL OPERATIONS COMMITTEE FROM: „� Costaa County '7`:lLw '4C September 12, 1994 DATE: c'oux SUBJECT: PROPOSED AMENDMENTS TO ORDINANCE 94-22 ON OAK AND INDIGENOUS TREE PROTECTION AND PRESERVATION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . AGREE to the amendments to Ordinance 94-22 as outlined in the attached amended draft of the Ordinance and APPROVE the explanation of those changes as outlined in the attached staff report to the Internal Operations Committee dated September 7, 1994, as further amended by the attached memoranda to the County Administrator's Office dated September 13, 1994 . The changes in the attached draft are marked Ike thi , with re Lthtrvg for material which is proposed to be added to the .::..::........:......:....... existing Ordinance and like this, with s r ke hr^"^h for materials which is recommended to be deleted from the existing Ordinance. 2 . DIRECT County ' Counsel to prepare an Ordinance incorporating all of the attached changes to Ordinance 94-22 and place the Ordinance on the Board's consent calendar for September 27 , 1994, and express the Board' s intent at that time to introduce the Ordinance, waive reading and fix October 4 , 1994 for adoption of the Ordinance. 3 . DIRECT the Community Development Director to report to the Board of Supervisors one year after the effective date of the amendments to Ordinance 94-22 on the cost of implementing. the Ordinance, on any implementation problems that have occurred and on any recommendation the Director has to improve the administration of the Ordinance. 4 . REMOVE this item as a referral to the Internal Operations Committee. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINIST ATO R COM NO OF BOARD COMMITTEE APPROVE OTHER JEFF SMITH M RK DeSAULNIER SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER X After discussion of the above ordinance, IT IS BY THE BOARDOORDERED that recommendations 1, 2 amending the language of the proposed ordiannce to add the definition that rangeland includes properties and adjacent properties in common ownership that in the aggreate are on 20 acres or more, 3 and 4 are approved. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED September 20 , 1994 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND COUNTY DMINISTRATOR Community Development Director County Counsel o BY rL 01 J Ad ,DEPUTY I .O.-7 BACKGROUND: On July 12, 1994, the Board of Supervisors approved recommendations from our Committee designed to improve Ordinance 94-22 which had been adopted in March and directed staff to report these amendments to the Ordinance to our Committee by September 1, 1994 . These changes and the rationale for each change are reflected in the attached memo from the Community Development Department dated September 7, 1994 . On September 12, 1994 our Committee met with County staff and a number of interested individuals and representatives from concerned organizations . Staff reviewed the changes to the Ordinance which were recommended as a result of our Committee' s prior actions and as a result of discussions with representatives from many of the concerned organizations . As a result of further testimony on September 12, 1994, our Committee directed the preparation of the additional language changes reflected in the attached September 13, 1994 memo. It appears that all of the organizations which were represented at our meeting on September 12, 1994 are fairly well satisfied with the Ordinance as presented to the Board today. We are, therefore, recommending that County Counsel be directed to prepare these changes in the form of an Ordinance which the Board can introduce next week and adopt the following week as amendments to Ordinance 94-22 . 2 PROPOSED AMENDMENTS TO: ORDINANCE NO. 94 -22 (On Oak and Indigenous Tree Protection and Preservation) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . Chapter 816-6 is added to the Contra Costa County Ordinance to read as follows : CHAPTER 816-6 TREE PROTECTION AND PRESERVATION Article 816-6 .2 Title and Purpose. 816-6 . 2002 Title. This chapter shall be known as the "tree protection and preservation ordinance" of Contra Costa County. (Ord. 94 -22 . ) 816-6 . 004 Purpose. This Chapter provides for the preservation of certain protected trees in the unincorporated area of this county. In addition, this chapter provides for the protection of trees on private property by controlling tree removal while allowing for reasonable enjoyment of private property rights and property development for the following reasons : 1 . The county finds it necessary to preserve trees on private property in the interest of the public health, safety and welfare and to preserve scenic beauty. 2 . Trees provide soil stability, improve drainage conditions, provide habitat for wildlife and provide aesthetic beauty and screening for privacy. 3 . Trees are a vital part of a visually pleasing, healthy environment for the unincorporated area of this county. (Ord. 94-22 . ) 816 - 6 .2006 Coordination. This chapter' s requirements are intended to be in addition to those otherwise required by this code. In the case of any conflicts, the director shall determine the requirements applicable and the director ' s decision shall be final in the absence of a timely filed appeal pursuant to chapter 26 -2 . (Ord. 94-22 . ) PROPOSED AMENDMENTS TO ORDINANCE 94-22 Article 816-6 .4 Definitions 816-6 .4002 Generally. The definitions in this article govern the construction of this chapter, unless the context otherwise requires . (Ord. 94-22 . ) 816-6 .4004 Arborist. "Arborist" means a person currently certified by the Western Chapter of the International Society of Arboriculture, as an expert on the care of woody trees, shrubs and vines in the landscape, a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists or such other arborist who, after review by the director, is determined to meet the standards established for certified or consulting arborists hereinabove described. (Ord. 94 -22 . ) 816-6 .4006 Arborist Report. An arborist report is a report prepared by an arborist on: (1) the possible impact of development on trees or existing tree condition; (2) the impact of any alteration; and/or (3) restorative or other remedial action that might be feasible to address tree alterations . (Ord. 94 -22 . ) 816-6 .4008 Department. "Department" means the Community Development Department. (Ord. 94-22 . . ) 816 -6 .4010 Development. "Development means any modification of land for human use from its existing state which requires a discretionary entitlement for its establishment or a building and/or grading permit involving a protected tree or trees . (Ord. 94-22 . ) 816 -6 .4012 Development Application. A development application is an application for development (as defined in this article) requiring either ministerial or discretionary approvals including design review, use permits, subdivisions, rezoning applications, building and/or grading permits . (Ord. 94-22 . ) 2 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 816-6 .4014 Director. "Director" means the director of community development or his/her designee. (Ord. 94-22 . ) 816 6 . X015 ! Ri aarxan; RYpar�an vtatiegen xs fou 3 a1 ang creeks and ;streams Ruzzvf f s tre:XXXams khat only carxy, runcaf dura ng the raYn seasons xn `'thxs; area ae .knawn to support signxf� an rxparxan vegeta: on «. 816- 6 . 4016 Routine Pruning. "Routine pruning" means the removal of dead or dying, diseased, weak or objectionable branches of a tree in a reasonable and scientific manner which does not structurally harm the tree. (Ord. 94-22 . ) 816 -6 .4018 Topping. "Topping" is the removal of the upper 25% or more of a tree' s trunk (s) or primary leader. (Ord. 94-22 . ) 816-6 .4020 Tree. "Tree" means a large woody perennial plant with one or more trunks, branches and leaves, not including shrubs shaped to tree forms . (Ord. 94-22 . ) 816-6 .4022 Tree Removal . "Tree removal" means the destruction of any protected tree by cutting, regrading, girdling, interfering with water supply, applying chemicals, or by other means . (Ord. 94-22 . ) 816-6 .4024 Undeveloped Property. "Undeveloped property" is : (1) A parcel of private land which is vacant or a developed parcel which has remaining development potential; (2) A parcel of land which can be further divided in accordance with zoning regulations of the county; (3) A parcel of land on which the structures are proposed to be demolished or relocated. (Ord. 94 -22 . ) 3 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 Article 816-6 . 6 Protected Trees 816-6 .6002 Prohibition. No person shall trench, grade or fill within the dripline of any protected tree or cut down, destroy, trim by topping or remove any protected tree on private property within the county without a tree permit, except as provided for in section 816- 1002 . (Ord. 94-22 . ) 816-6 . 6004 Protected Tree. A protected tree is any one of the following: (1) On all properties within the unincorporated area of the county: a. Where the: tre:e to be cut dawn, destro d, o, _ _ tri mored key tcppinq is ;;add :cent to or paif t pf ra par,�an, foo,tha 11 woad and or oak ;;savanna area,:'! or part o a stand of :;four; or more ;`trees, measured 0 irches:l or arger zn c�rcumferenee I(approximately 6 5 inches in diameter) as measured I2' feet from ground leve,, and s a r cI a:: i n the fol�.a�rinq< list l.of 'indigeno s gees: __�,�&; and indigenous tre a-s-m-6--ing 28 inches or larger in circumference (approximately 6 . 5 inches in diameter) , measured 4 1/2 feet from ground level . eak trees include but are not limited to- ealifornia Black eak) or Quercus Lobata (Valley Oak) . indigenous trees include but are limited to. ea,f Map] o (BEl . fAcer ;negundoxder) esculus caliorni a; (Calforn�a buckeye) Alhus Ah6mbifolia (White Alder) , Alnus Arbutus Mmenziesii (Madrone) , Umbel lu!CL.L-'LCL F etie omen es a�but'fo a a (moyon)' Juglans Hindsii (California Black"walnut) Jun .perus cadfnrnYc (Cali fort; a Duna per) , Lithocarpus 'dens £lora (Tanoak or Tanbark pak} , Pinus at enuata , :. (Knobcone; 1�ane) , kraus sabnzana Dugge,� 4 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 .......................... Platanus Racemosa (California Sycamore) , Populus . .._..__._. ........ ..... ....... . ......... _ _....._.. ._. £reMox�ta (Frernont Cottonwood) Populus rxchoca pa (Black Cottonwood) Quercus agr :f a (Calaoa�na or Coast T1ve ;oak) Quercus chrysQlep s (Canyon LYve aak) . Quercusi; douglas Glue Qak,) , QuerCU1 kollogg11 (Cada forma B1ac teak) .' Quercus ldba. a (�7alley 3ak) Quercti wislzzena i (lntera ox ;ave ;Oak) Sala x asa andra _. (yellow W l].az4) , SaYi;x laevigata (iRed v�Ti� law) a� las ole0as {'Arroyo Wallow) , � sambucus . .......... . eca11icarpa Coast Red Elderberry) S uo _.. ......... .......... _ _ ..... . . ....... .............. semperva rens: Coast Redwvvc ) , Tmbellu] ara a call; ornxica (californIA Bey or Lau e7 ) b. Any tree shown to be preserved on an approved tentative map, development or site plan or required to be retained as a condition of approval . C. Any tree required to be planted as a replacement for an unlawfully removed tree. (2) On any of the properties specified in Subsection (3) below: a. Any tree measuring 20 inches or larger in circumference (approximately 6 . 5 inches diameter) , measured 4 1/2 feet from ground level including the oak trees listed above) ; b. Any multi-stemmed tree with the sum of the circumferences measuring 40 inches or larger, measured 4 1/2 feet from ground level; C. And any significant grouping of trees, including groves of four or more trees . (3) Specified properties referred to in Subsection (2) above includes : a. Any developed property within any commercial, professional office or industrial district. b. Any undeveloped property within any district. C. Any area designated on the General Plan for recreational purposes or open space. 5 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 d. Any area designated in the County General Plan Open Space element as visually significant r riarr ;r par. a ; or ridge line vegetation and where the tree is adjacent to or part of a riparian, foothill woodland or oak savanna area,, or cultivated orchard (within the epen space element) designated. Riparian trees include but are not limited to those listed as indigenous trees in subsection A. (I) a. above. (Ord. 94-22 . ) Article 816-6 . 8 Applications 816-6 . 8002 Permit Requirement. Any person proposing to trench, grade or fill within the dripline of any protected tree or cut down, destroy, trim by topping or remove any protected tree shall apply to the department for a tree permit, not less than ten days prior to the proposed tree removal or tree alterations . Persons who; za©uld b e1 i;ga bYe td :apply for 3 or mire nd1 vi dual tree pxmats under proviisions o ; thUs chapter 'rnayapp�y f a cad eci�r tree;permmit for the site. . (Ord 54-22 . ) 816-6 . 8004 Application. In addition to any other applicable requirements of this code and county ordinances, the application shall include the following information and items : (1) The number, size (including height and diameter measured 4 1/2 feet above ground) , species, location, dripline and condition of each tree proposed to be altered or removed; (2) The reason (s) for alteration or removal; (3) A plot plan showing the approximate location of all trees on the site, including those proposed to remain; (4) Proposed method of tree alteration or removal; (5) Information indicating the effect of tree alteration or removal on soil stability and erosion if located on a steep slope or near any creek; (6) The signature of the property owner or if the permit is requested by someone other than the owner, a written authorization from the owner. 6 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 (7) PhotagrapY s of the,; treef s to be' affected by grad ,ng r Irenc: In g. topping; orremova7 ... .... ..._.... ......... .......... ..................... .. . ........ .. ............................ . ......... f$) A i s and set; Qf ;stamped enve�;�pe4,:: dressed tc add acent property owners acid other indY�ridua;] s aid organ atfons as znay otherw e be a ndicat. ,by thei Director :01: Ocmrnunty Development Such envelopes,; wzth o return' address; sha17 e requa.red fo netication of the teritati!ve decision to grant a tree pe.rmi.t. ($) Additional information as may be required by the County upon review of the above information. ............... (1:' )i Application and permit fees . (Ord. 94-22 . ) 816 -6 . 8006 Review and Site Inspection. Prior to making a decision, the director or his designee shall make a site inspection and shall review the application using the criteria and factors specified in this article. Appy acatin review< may. Ynclude a s> te v� sit > ........... ...... ... ................... ............................................................................... (Ord. 94-22 . ) . ................... 816 - 6 . 8008 Arborist Report. If the reasons for alteration or removal relate to the health of the tree or if grading, trenching or filling is proposed under the dripline of an existingtree, or thy: review is � a c;c�lletve tree permit and the director determines` that"more technical expertise is necessary to make the decision, a report prepared by an arborist ................................................. or :a forester may be required, to be paid for by the applicant. (Ord. 94-22 . ) 816-6 . 8010 Factors . In granting or denying the tree permit the following factors shall be considered: (1) General . a. The proximity and number of other trees in the vicinity; b. The relationship of the subject property to general plan open space or open space plans and policies . 7 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 (2) For Approval . a. The arborist report indicates that the tree is in poor health and cannot be saved; b. The tree is a public nuisance and is causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers etc. ) ; C. The tree is in danger of falling and cannot be saved by some other means (such as pruning) ; d. The tree is damaging existing private improvements on the lot such as a building foundation, walls, patios, decks, roofs, retaining walls, etc. ; e. The tree is a species known to be highly combustible and is determined to be a fire hazard; f . The proposed tree species or the form of the tree does not merit saving (i .e. , a tree stunted in growth, poorly formed, etc. ) ; g. Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot; The tree !a s a< sped es <l�nvvan to devel ap <weanesses that ;affect th€� health of :the tree 'or t;he safety of peapI e! and property. TTaese> species characters staves �ricluc3e but are nat limy ted; to short � a ved, weak wooded and subs ect to> la zn breakage;; shad low 'rooned aid subject t topplang.' where the a bora st oar :forester repot has been required,; and; the ;Da rector is lata sfa ed that the a ssuance of a' perzt vail� not negatively affect` the usta'ra nabla ty of the. resouroe (3) For Denial . a. The applicant seeks permission for the alteration or removal of a healthy tree that can be avoided by reasonable redesign of the site plan prior to project approval (for non-discretionary permits) ; b. It is reasonably likely that alteration or removal of the tree will cause problems with drainage, erosion control, land stability, windscreen, visual screening, and/or privacy and said problems cannot be mitigated as part of the proposed removal of the tree. 8 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 C. The tree to be removed is a member of a group of trees in which each tree is dependent upon the others for survival . d. The value of the tree to the neighborhood in terms of visual effect, wind screening, privacy and neighboring vegetation is greater than the hardship to the owner. e. If the permit involves trenching or grading and there are other reasonable alternatives including an alternate route, use of retaining walls, use of pier and grade beam foundations and/or relocating site improvements . f . Any other reasonable and relevant factors specified by the director. (Ord. 94-22 . ) 816- 6 . 8012 Decision. The director shall grant or deny tree permits in accordance with this chapter and code. If a permit is granted, the director may attach conditions to insure compliance with this chapter and code. These conditions may include a requirement to replace any or all trees on a comparable ratio of either size or quantity. SY;ngle; tre Ppermits shall be valid for a period of 90 days and maybe 'renewed for additional periods by the director upon request by the applicant. Cod ecive 'tree:perma ts' `shad 7� ke vala d far a peri Qd off! t�zne to;!be determined by the drec for bsed 'upori and' vxd:ual circumstances; If a permit is denied, the director shall state the reason for denial . Notice of decision shall be mailed to the applicant. (Ord. 94-22 . ) 816-6 . 8014 Appeals . Any person may appeal the director ' s decision within ten calendar days of the director' s decision to the planning commission having jurisdiction in .. accordance with chapter 26-2 . Furthex appeals may be made`; a Prov,de'd by; Chapter 26 .2 . Appeals shall be made in writing and state the specific reasons why the decision does not meet the criteria and factors for granting or denial of a permit as stated in this chapter. (Ord. 94-22 . ) 9 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 Article 816-6 . 10 Permit Exceptions 816-6 . 1002 No Permit. A tree permit is not required for the following situations : (1) Hazardous Situation. Any tree whose condition creates a hazardous situation which requires immediate action as determined by the director, building inspector, sheriff;:;, involved fire district or a utility company to protect its facilities . I�ur�ngoff;-houzs, when: __ .. offs gals described above are unav�xlable, the' _ _ _:. _. . hazardous-;sztuat�on mai be ;corxected and a report ofl the iric�dent Sind descr pt an of the;;hazard sha11 be ::. submi tied 'to the d .reertor w than 0 !.days of !th <::< ince. ent (2) Prior Approval . Any tree whose removal was specifically approved as a part of an approved development plan, subdivision, other discretionary project or a building permit. (3) Routine pruning not involving topping or tree removal . IQ. CQmmexczal` laat ng. Planta ng` removal, ani haves,ting in connectYe .t wa th Okra somas Tree 'Farms,'; Orchards, and urser: es f 5`) Rangel and ;Management = (Normal a; to'Vitib: ass,0ca aged wilth range;',management and the d 'spas; tion of 'wood: inciden al tia rangeland management;; on agra culturally zoned pope;rta es; will not requare a tree; perit. Rangeland management; ae to va to es :are A. of fined..as.......:. s zncl uding lout nest ami d I.to the c�:earYng acid thinning o>f trees dor purposes Qf reducing fire ri).k orenhancement of forage production; remova z g obstruetaari to 'stornwat:er ru.naffl flow, maantaining adequate! clearance cin range 'roads and fire tray is t fencing Maa.ntenan e:: and protect ng equ pment and carstru;ctions t6;) Public Agencies/UL:oA1t es Trimming and clearin. waithin` pub? a c agency or uta zty leasecnents and ra ght o: wags' for rnantenance of easement or right of aay will ;not require a 'tree;' perna,t. Lands owned by public ut�,la.t 'es and used or admYna strative ',purposes;; or uses ';unrelated to Ithe public serva.cs prcivzded by the: uta 7 a ty are nat e tempted andex thl prove sign _. _. (Ord. 94-22 . ) 10 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 816-6 . 1004 Proposed Development. (1) On any property proposed for development approval, tree alterations or removal shall be considered as a part of the project application. (2) All trees proposed to be removed, altered or otherwise affected by development construction shall be clearly indicated on all grading, site and development plans . Except where the director otherwise provides, a tree survey shall be submitted as a part of the project application indicating the number, size, species and location of the dripline of all trees on the property. This survey shall be overlaid on the proposed grading and development plans . The plan shall include a tabulation of all trees proposed for removal . (3) The granting or denial of a tree removal program which is a part of a development proposal covered by this section shall be subject to sections 816-6 . 8008 and 816-6 . 8014 . A separate tree removal permit shall not be required. (Ord. 94-22 . ) Article 816- 6 . 12 Tree Protection 816 -6 . 1202 Tree Protection. Except where otherwise provided by the involved developments conditions of approval or approved permit application, on all properties where trees are required to be saved during the course of development, the developer shall follow the following tree preservation standards : (1) Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with trees to be preserved, the applicant shall install fencing at the drip line or other area as determined by an arborist report of all trees adjacent to or in the area to be altered. Prior to grading or issuance of any permits, the fences may be inspected and the location thereof approved by appropriate county staff . 11 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 (2) No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the drip line unless indicated on the grading plans approved by the county and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline, an arborist may be required to be present during grading operations . The arborist shall have the authority to require protective measures to protect the roots . Upon completion of grading and construction, an involved arborist shall prepare a report outlining further methods required for tree protection if any are required. All arborist expense shall be borne by the developer and applicant unless otherwise provided by the development ' s conditions of approval . (3) No parking or storing vehicles, equipment, machinery or construction materials, construction trailers and no dumping of oils or chemicals shall be permitted within the drip line of any tree to be saved. (Ord. 94-22 . ) 816 - 6 . 1204 Deposit Conditions Prior to the issuance of any grading or building permit for a property where trees are required by this chapter to be saved, the owner or developer shall deposit cash or other acceptable security with the department on a per tree basis in the amount established by the involved development ' s conditions of approval or approved applications . As required, the county may hold the deposit for a two year period to guarantee the health of the trees for a two year period upon completion of construction. In addition, the applicant or developer may be required to enter into a tree maintenance agreement secured by said deposit/bond by which they agree to maintain said trees in a living and viable condition throughout the term of the agreement. This agreement may be transferred to any new owner of the property for the remaining length of the agreement. (Ord. 94-22 . ) 816-6 . 1206 Construction Tree Damage. A development ' s property owner or developer shall notify the department of any damage that occurs to any tree during the construction process . The owner or developer shall repair any damage as determined by an arborist designated by the director. 12 ORDINANCE NO. 94-22 PROPOSED AMENDMENTS TO ORDINANCE 94-22 Any tree not approved for destruction or removal that dies or is significantly damaged as a result of construction or grading shall be replaced with a tree or trees of equivalent size and of a species as approved by the director to be reasonably appropriate for the particular situation. (Ord. 94-22 . ) 816-6 . 1208 Violations . Violations of this chapter are punishable and may be corrected in any manner provided by this code or as otherwise allowed by law. Each tree damaged or removed in violation of this chapter shall constitute a separate offense. (Ord. 94-22 . ) SECTION II . EFFECTIVE DATE. This ordinance becomes effective on April 19 , 1994, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the a newspaper published in this County. PASSED on March 8, 1994 , by the following vote: AYES: Powers, Smith, Bishop, Torlakson NOES: ABSENT: McPeak ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair H10(2):tree.ord 13 ORDINANCE NO. 94-22 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: INTERNAL OPERATIONS COMMITTEE DATE: September 7, 1994 FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNIT DEVELOPMENT SUBJECT: Tree Protection and Preservation Ordinance RECOMMENDATION: Adopt the attached text changes to Chapter 816-6,TREE PROTECTION AND PRESERVATION, of the County Zoning Ordinance. FISCAL IMPACT: Generally lower costs for administration of the ordinance primarily for owners of single family residential lots, commercial growers and rural landowners. BACKGROUND AND DISCUSSION: On March 8, 1994,the Board of Supervisors directed GMEDA to review the Tree Ordinance. As part of the review, the Director met with County staff, area ranchers, utilities, and environmental interests. A number of ordinance modifications were suggested and policy issues were raised. On April 26, 1994, the Board of Supervisors directed Community Development Department staff to provide text changes for changes to the ordinance. On July 7, 1994, the Internal Operations Committee held a meeting with all concerned parties to review the staff report by the Community Development Department regarding proposed text changes to the Tree Ordinance. On July 12, 1994, the Board of Supervisors directed Community Development Department staff to prepare amendments to Ordinance 94-22 (On Oak and Indigenous Tree Protection and Preservation) to accomplish an outlined set of goals. For ease of reference the following modification proposals are keyed to points made in the Internal Operations recommendations to the Board of Supervisors dated July 7, 1994. 1 . Ordinance Corrections A. Commercial Planting In enterprises where trees are planted as a commercial venture, trees are planted with the anticipation that they will be removed. The following description would be added under 816-6.1002(No permit needed) as item (4): :< ai Plar#in; lantEgY rerrtcsual€,. at� arxrst�ng.<:< :;::.;':::::...............:::.:.... ......... ......... .. :netrdl i' u IClt r�is>'#'i eel"a >'<,>'° '::::>_> :>:>::> ::::>:: ::.::;;::.:::::::::::.:;;::,,, :.:::: ::. :::::ts.;: 3tpars�:<ardtrsr� �_., Impact: Reporting by commercial operations would be eliminated; day to day operation of these commercial ventures would not be impacted by the ordinance. B. Fire Trails, Rangeland Management Normal activities associated with range management on agriculturally zoned properties should be defined and exempted. The following description would be added under 816-6.1002(No permit needed) as item (5): . L�� �� :�sso�:Ia: th::�a�r� M. Al ::.:: ..:;.:;...........:::...... rige.::::nd r Me t r�����t��_ r���+��c�t}ed �t �. �st�lI r}�t r��u�t�.� ::i4:G•iiY::^iiii"•:i}iiii}i::':{:::iiii}i"i::ii:^iiiiii}iii:4}ii?:•ii:!•ivi}i•.:iTiii:•:::v.ilii'.::.i'::::::::::::::::::.}}:�'v::::::::'w:::.�:::::v::: ire>>etx:>:Ra e:fad> arrtr�€� siriia I :.;:;;:: .;>;:<.;>;:.:;>::; ::.>:: rs ..t�.::»>;:<:>:> fir jrrps � �f rdutt tF rrfiz € : :>; :bsxo :>::t >:>strrsratr:::> r :«: ar�trr ; :: "::< ><>:;.::;:',, ::::;<:;<: : :_;: tra�f�� a���rr�t��t�rti� Impact: Reporting of regular rangeland management activities would be eliminated;day to day operation of ranch would not be impacted by the ordinance. C. Selection of Species To more narrowly define protected trees in regard to their contribution to the overall environmental habitat and to make the ordinance discrete regarding the protected tree list and alphabetically ordered for ease of use, the following reordering and additions are provided as suggested wording for 816-6.6004(1) a: 1 a. ::�r >: > ( ) 1t'Z......:..::::::::...r....: ::.cx: t x:::::::::::.:'.:F:d. .r..o r d.,:�ar.;trr rr .::...... pa � r�{..: c�thrll::: r oat saan < :ra, r prfsarY zf. curf mare-t� es, s .........:::. currfe ,r ( - irtie i ter ;>' r . ....:.:.):::�. :::fr1t >:t «<f ::: rrrt.::. .: d.;:.;[et.;:.;aiis All .. nclud d f to r r7 jest �f �r#d r�OU tries.. and tFees--me---!n '20 inehes OF —larger iR 41/2 feet 499 greUnd level. Oak tFeesinalude—but aFe net TIFAked-cepaereus ag;+falia--(GalifGFnFa OF Geast Live ^^'(`, (Valley akF00 , rs,-��d+g�Retts ..........................:..........:::::::::.:::::.....:::.:.:::::::::::::::::.::.:::........... +Fees ; ,.'..a^ but aFe of li ...: Acer macrophyllum (Bigleaf 2 Maple), Acer negundo (Box Elder), Aesculus californica (California. Q.'. Buckeye), W , klrts' i` aria€€< ci[[> (dir. Alnus rhombifolia White Alder .......::::::::::: :::::::::.g::.::.:::.:::: : , ( ), 11lnu*. /1..,....., lD.,.d Al.d. AeeF M.,..FGphyllum (Bigl a f 11/1.,ple , Arbutus :enziesii (M'ad'rone) 11. .,Hula,. GalifeMiea (GalifOfflia BayeF I ., „n Juglans hin H € iEr-fI ?a'rkt# I dsii Black :: : :: 9 (California1 Walnut), ti`r a rt#s e�fif... > I a l ff `rrt�:;::::,,::.::<:>:;_:::::::: > ,.:.::;. ..........:... ) �sr:. . . , ....:.::.. ... ......................... � � i;:;...;.. Plantanus racemosa ::... : : :......::: (California Sycamore), cptWsr <( rtic) ( rotil#X ..... ..... ............................ il.: ".:!:: ;%; ;.•.;,;...::'...;i:::ii' •i: ({ .iii':. ...:.:....:..::..........:..........F...::i:iir..;....r....: ::i..;.... :t a tf :r r< s :: ::; k):r:: la r us::: :f :.;sQ:[ :: >: :M..,0n:.,, #, Quercus dougiasif(Blue Oak), Quercus kelloggii (California Black Oak), Quercus lobata (Valley Oak), ral[NOR ........................... ::::::.:::::::. 'i� t: ) Qi( ):, Salix lasiandra (Yellow Willow),Salix laevigata (Red Willow), Salix lasiolepis (Arroyo Willow), eF Sambucus callicar a (Coast Red Elderberry), ' tiretiI P Y ........................M ......................................... .............................................................................. :::::>:i::i:::::::>::> >i': >::>:>::>:;:.;::.:;:.:'.<;".iii;:;;::.;:.;:.;::.:. .;::.;...;:.;::.:;.;'.i:.::::::: i:......;:.;:.:.::.;:.;:.:.......... E 0.01H >:13rr el:l l: r�a�> ali r a aC fr rri a ::; r a i l.. ...............;;::.;;:.iiiaU.;;:.;:.;:.;:.:.;:.;:.;;;:.;:.;;ii:.:;;i:.::.i:.i;;iii;;i;;:.::.;>:.;:.;:.;:.;:.;:.;:.;;.;:.;:.;:.;:.;:.;;:>:.i:•i:;:;:.i:.::.::.::.:::......:.::.:..;;:.;;:.;:.;;:.;:.;;:< The following wording is provided for the definitions section: ; ;,;;;..... :1: .:.fig.. .1: :.;:.i> r..i.an.isi:iiiiii>ii;:) :;air n::::<y : a€::i:l:s::::;f uc ia.lr h. i;: r'de. ....Iwo :::.::.::.;:.:::.::::.;';::P;.:::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::9:::::::::::::::::::: r s i ri ; <I ;rt ................................................. -ar . at.. I. ..: rr..:::ru f.:: cr€r�. .. ()7 .:: .► iii:•ii}:•ii:•i:•i:.i:.i:.i:.i:.i:.i:.is.:'.i:.i:.i:.i:.i:.i:.i:.i:.i::i:.::.:.......::.:.ii::::i::!:ii:''' :i:ivv:::i::iw:'i::i::ii:i:i::i:iiiliiii:•ii:•:F::i::i::i::::i::i::::i::i::i::i':i::i:+::i:i:::i::i::i: sasIr1<telr ...:: .:.:::k ... '.:.:.:.::....:: ...:c.r..x: i .r�fnt.:.r..i..a € tfrl.,. ........ ......... .........:::::::.::..::.::::.:::.::.:::::.:.::::::::::: :.::::::::::.g I-S.MD14 ................................ .......................... ......... Impact. List is discrete without varying interpretation. D. Exemption of Trees Certain species, such as Monterey Pines, English Walnut grafted onto Black Walnut, Eucalyptus, and Palm trees, have life spans or other problems that require their removal and should not trigger a review. Identification of trees that fit such a category may cause confusion if such a list is not complete or based on clear criteria. Since these trees are not regulated in residential areas unless the lot is not developed, we are dealing with commercial, industrial, or developing lands. If the situation is not handled by a discretionary permit than the property is likely maintained by a professional group that can provide evaluation of the health of the tree. The problem may be better handled as an evaluation issue rather than with an exemption list. The following description could be added under 816-6.8010(Factors for permit approval) as item (2)h.: 2 »> :« «:>:;:;::i::::i:>:>::::i. i:i:;i<: >:i::: >i:: : ::<::<:>:i:::i:::>' :;::i::<::;:<:: is>::i::::>:::i:>:>:::i::::„<, `>'>' The tree Es a species I~; o r deue) p vsreaf nesse tW �f#ect the:::f}e (ticf> h� >ti a >ortfe : a::a`:: .:fp :l pl rl -p;.:PeC y. ..........: ocr s'cl ari in > <:r: ;::>:;>::>>;:>:<:::: is;' :: .:> .:.......:.:.:._;:;'..::....:.::::i„r�st�cs€nclude batt are..rE €Iic ►Et�d tit:shprt vtealuvidrlai7i :.> .: »: < : :»::::.:: ::: :>::: <: ............ ::.:.:...:...:..:..:.:.........:.:....:....: sty b eco t r b brei ka std [IOw roa st f _.:: . .<. 3 Impact: In these cases the landscape maintenance industry will be very nearly self regulating. Staff would issue permits based on applicant's identification of problems with this class of vege to tion. E. Reduction of Field Inspection Staff time to field has to be compensated. This raises the cost of compliance and is a factor in the success of the Ordinance. A submittal of plot plan and photographs, and a tree removal estimate with description of tree if available, should be adequate. On sites governed by a development plan, commercial and industrial sites, and sites where multiple tree removals are to occur, site visits may be necessary to review process. Wording for 816-6.8006 (Review and Site Inspection) should be changed as follows: Prior to making a decision, the director or his designee shall Make a site inspeetien shall review the application using the criteria and factors ..(r.:::::.:t:.: .......... specified in this article. g;Y<> Wording for 816-6.8004 (Application) should include the following submittal item inserted as item (7). ff t d b grading Qr tr66ch n , 0. Note: Existing subsections (7) and(8) would be renumbered to (8) and (9) respectively. Impact: Reduced costs to public and County. Increased dependence on applicant to provide adequate application materials for consideration of factors for permit approval or denial (816- 6.8010). F. Emergencies Emergency tree removal situations will often occur on a weekend when timely authorization by an official is not feasible. In these situations, a property owner should be able to submit description of the situation within 10 days of the event without penalty. The following change should be made to 816-6.1002(1): Hazardous Situation. Any tree whose condition creates a hazardous situation which requires immediate action as determined by the director, building inspector, sheriffs involved fire district or a utility company to protect its facilities. ) :rE g off cx r :r vsr fE E :l ::di..1:.9 bOV i : ana�laa l , thaz � .q -- d rePl3r haarf sha►t b€ s�tbrYt ttad to the dtrec or uvl hi '1 day af> an dente 4 Impact. Hazardous situations do not have to exist for extensive periods due to unavailability of public agency representatives. Applicant is not penalized for taking necessary action. To clarify that the Ordinance generally exempts appropriate utilities' activities and facilities from its application, the following description would be added under 816-6.1002(No permit needed) as item (6): #6,) «:: kl:l l :s::< c�r rte► aid. cl arin .. �a:f T� .::::::::::.::::::::::::::::::.::::: ::: :...........:::.: :.:::::::: ::: ::::::::::::: ::.::.::::::..:.::::P.:::::::: : ..>::er: Lki:<'"< acer3ata'td ` Edf :`;sfrrfyriti ;:.;;:. .;;:.;:.;;;:.;;:.;;;:: Y:.::.::.:::.;;:.::.:.::.::.::.;:.;:.;:.;:.;;::;.;;;:.;;:.;:.;:< .;:.;:.;:.;:<.;:.;:.;:.;:.;;;:: .;;:.;:.:.;;::.;:.;:.;;:.:.;::...::ert .fit.... t.>:»::ey wt�l nt�tdf r�q�ir� a gree cine ` :`>:,.. liliisirtis;:; . ::;.::. :::,::.::><:.<;: :::;.>:,;:.:;.;:;; ``' :.;:.;:.;:.;:.;:.::.;:.:::..... . :.::.:::.::.::.::.::.;:.;:.::.:;;:.;:.;:.;:.;:.;:.:>;:;;::>: ea rad ar�tstr t v� ur s �r ::>::>.;:::;::::;:.::.;:::::::::.;:.;:.;:.;:::::::;:.;:.;..;::..:::::.;.:.;:.;:.;:.::.:::;;:::.;:.:.:::::.::.;:...::.:::.::.........::.::. Pd.; t; he.. f( ......n G. To provide consistency within the Ordinance, regarding commercial operations and the specific species list, the following change would be made to specified properties section in 816-6.6004(3)d: (3)d. Any area designated in the County General Plan Open Space element as visually significant reparian or ridge line vegetation and where the tree is adjacent to or part of a riparian, foothill woodland or oak savanna area, OF eultivated ^ ehaF d (within the Open SpaQe element) designated. RipaFiantFeesaFe iReludeft aFe ..t limited to these listed aindigenous tFees ubsee+Len A H)a h H. Notification The Ordinance makes provisions for the appeal process without companion wording regarding notification. Once the director decides to grant a tree permit, a "Notice of Intent to Issue a Tree Permit" would be sent to adjacent property owners. The appeal period is 10 days following the director's decision. Wording for 816-6.8004 (Application) should include the following submittal item inserted as item (8). ::.::<:::: :::e €f:<:::set><:rf:»s am: :e: nrelo :es::>: .,.:....: . ..: ...::... ::::;:::::::::::::::::.; .;:.;:.;:.;:.::.......;::.;:.;:.;:.;::.;:.;:.;:.;:.;.;:.;:.,:: ::;:::::;:: v ne anis:> r i dl do s ::,;,.: ,.;.; .;.;:. .,.,.>.:. ; ::::.::<:«:<:::::::::::.:::::::::::::: :: :..:::.:::::.:;.....� .;: gan ailons.;; trris >`<> :<:::::::;:>:.;:.::.>,:.ted.....#�..:..the.....: rrv :;;:..: > > (!n ter V rpt ::::>:>.::::.:::::> ::....hliii lop s,..w�th ho tete rt�:ed s�.: a1[ i g ire r rtc t f a sl 'c f 1 i e�e at v €.6als Qr1.. :: n a t o ...............:..:...........:.:..................:. ei The Planning Commission decision can be appealed to the Board of Supervisors; the following wording would be added to section 816-6.8014: 816-6.8014 Appeals. Any person may appeal the director's decision within ten calendar days of the director's decision to the planning 5 Commission having jurisdiction in accordance with chapter 26-2. h� p�iais rt3et be medsrvdetl. F:.> pet <�x:; :. Appeals shall be made in writing and state the specific reasons why the decision does not meet the criteria and factors for granting or denial of a permit as stated in this chapter. I. Regulations for Large Ranches The County is the responsible Agency for timber management of the Oak forests of Contra Costa County. Timber harvesting can be handled with collective tree permits; Replacement/Reforestation guidelines directed toward sustainability of the resource are programs that would be implemented with Conditions of Approval. To provide direction for filing of a collective tree permit, the following changes should be made to 816-6.800 ?:;::::(Permit Requirement) and 816-6.8012 (Decision): 816-6.8002 Permit Requirement. Any person proposing to trench, grade or fill within the dripline of any protected tree or cut down, destroy, trim by topping or remove any protected tree shall apply to the department for a tree permit, not less than ten days prior to the proposed tree removal or tree alterations. t..::: c r.:: .:: r.::r :p :.;>i dJ.—Y e A . ......... . p rrti�ts t� drrav►srrs ch tYMatrrrp r: ocs€I .ctf tt To provide for submittal of a foresters report when necessary with the filing of a collective tree permit, the following changes should be made to 816-6.8002 (Permit Requirement) and 816-6.8012(Decision): .......................... 816-6.8008 Arborist or€€Fitr Report. If the reasons for alteration or ............ ....... removal relate to the health of the tree or if grading, trenching, or filling is proposed under the dripline of existing tree':frte<rem.iery ......................................................... an exg .c a.........................rt�3i p t:t and the director determines that more technical ........................................ ... . ......................................................... ........................................................ expertise is necessary to make the decision, a report prepared by an .................................. arboristrf 'tEsttr may be required, to be paid for by the applicant. 816-6.8012 Decision. The director shall grant or deny tree permits in accordance with this chapter and code. If a permit is granted, the director may attach conditions to insure compliance with this chapter and code. These conditions may include a requirement to replace any or all trees on a comparable ratio+ of either size or quantity. pt '< permits shall be valid for a period of 90 days and may be renewed for additional periods by the director upon request by the applicant. a ) rir `'tr cf eet rl t r r as tl u p ait M . ;:..:t:.::r .rr.J�red U #r ; 3rt;:.;:.;.:..:.:...a.:.........b.::.e. 6 The following description should be added under 816-6.8010 (Factors for permit approval) as item (2)i: : ....::::...;:.:...... . : ...........:: � :.... .;:.;:::......................::::...:.:.:::.:.:.:.:.:...:fi : (..: .;;::.:.:.:<. :> .... . .........................) :F: f : :. ......................... ..... :. .>.<::. � oe �m► �11 not t3ec�efrvely aff of the :.: ::::: .........::::::::::::.. 2. A. Considering a single tree permit administratively would require review of submittal materials, photos and reasons for action(perhaps an arborist or tree removal specialist report), and issuance of permit. Initially, most applicants will call for procedure and requirements. The costs associated with issuance of a single tree permit not requiring a site visit would be: initial contact 5 minutes permit issuance 15 minutes 20 minutes At $70.00 per hour, this estimated cost is $23.331; so an appropriate fee is $25.00 plus time and materials charges if a site visit is required. B. A collective tree permit could result from a variety of situations from removal or extensive trimming of a group of trees to the harvest of trees for commercial purposes. Often, the collective tree permit will require a site visit by staff. In the processing of many applications, the applicant will be required to submit to the County a completed report from a forester regarding proposed use under the restriction of sustainability of site forest. Ideally, Staff only needs to verify application completeness, base a CEQA determination on the forester's report, prepare a statement for file records including proposed conditions of permit approval, and issue or deny a permit. Costs associated with issuance of a collective tree permit would include: receive application 0.25 hours review submittal 0.75 hours materials CEQA determine 0.25 hours (Cat. exempt only) Staff Report to file, 0.50 hours permit documentation 1.75 hours At $70.00 per hour, this estimated cost is $122.50; an appropriate fee is $125 plus time and materials charges in excess of this fee when the cost of processing the application exceeds 120% of the filing fee. Higher processing costs would be incurred by those applicants filing for significantly sensitive areas where site visits are required and/or the posting of a Categorical Exemption to CEQA is not appropriate. 7 Attachments 1 . Board Order prepared by Internal Operations Committee dated July 7, 1994, and adopted by the Board of Supervisors on July 12, 1994. 2. Staff Report to Internal Operations Committee dated July 1, 1994. 3. Ordinance No. 94-22 adopted by the Board of Supervisors on March 8, 1994. 4. Tree Ordinance Impact Matrix as Ordinance is currently written - Matrix was created to analyze impacts of provisions of the newly adopted tree ordinance. 5. Tree Ordinance Impact Matrix with changes outlined above - Matrix was created to illustrate areas where proposed text changes reduced impacts of provisions of the Tree Ordinance 6. Site Visit Criteria Flyer prepared by Community Development Department staff outlining the criteria to determine whether or not a site visit is required prior to the issuance of a tree permit. 8 THE TREE ORDINANCE - When is a site visit required? Section 816-6.8006(Review and Site Inspection) states that the review of an application for a tree permit may necessitate a site visit. The following criteria are provided for the determination of whether or not a site inspection may be required prior the issuance of a tree permit. When a site visit might be required for a permit: * When the submittal material does not clarify the context of the subject tree: Is the subject tree related to or part of a riparian habitat, a woodland, or a grove of trees? * When the subject tree is of significantly high profile, i.e. the tree is of heritage size 0 2" diameter 4-1/2 feet from ground) and highly visible or a possible landmark within the neighborhood. * When the subject tree is protected by the Conditions of approval for a previous discretionary permit on the subject parcel. * When improvements are planned for the site of the subject tree and only marginal qualifications for removal of the subject tree have been detailed by the application for a tree permit. The goals of such a site inspection are: * to confirm the factors for removal or trimming by topping of subject tree/s * to analyze alternatives to removal or trimming by topping of subject tree/s * to analyze tree replacement alternatives The cost associated with site visits are: field trip - 1 to 1-1/2 hours documentation - 1/4 to 1/2 hour of site visit 1-1/4 to 2 hours At $70.00 per hour, the cost of site visits would range from $87.50 to $140.00. To the extent possible, staff will combine these visits with other site visits to economize travel, time, and cost. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: Claude Van Marter DATE: September 13, 1994 County Administrator's Office FROM: Delmar Tompkins Community Development Department SUBJECT: Tree Ordinance Text Changes At the Internal Operations Committee meeting of September 12, the following inserts were made to proposed wording to be added under 816-6.1002 (No permit needed) as item (5), page 2 of September 7, 1994 report to 1/0 committee: (5) Rangeland Management - Normal activities associated with range management and the disposition of wood incidental to rangeland management on agriculturally zoned properties will not require a tree permit. Rangeland management activities are ................................................................................ defineds€>ielidii gtiftiid the clearing and thinning of trees for R :::::::::::: 9 9 f<:;r::<::<::<::<:::::..':::::: risk ' <:>> ><::;>«:>:»:>:» ><..p... '< r m vi purposes o reducing firear ntancerr P t3f fz�r g pr c dot , e o ng ...............................................:..............:..:.......:......................... obstruction to stormwater runoff flow, maintaining adequate clearance on range ......................................................... ................................ . ........................ roads and fire trails, # rirniC#JIIt�CtC# >K and protecting equipment and ................ ......................................................... constructions.