HomeMy WebLinkAboutMINUTES - 03011994 - 2.4 2.4
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 1, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Ordinance for tree protection and preservation
The Board had before it this day a report from County Counsel, in response to Board
referral, providing a tree protection and preservation ordinance.
Following discussion of the proposed ordinance, IT IS BY THE BOARD ORDERED
that the proposed ordinance for tree protection and preservation is INTRODUCED.
IT IS FURTHER ORDERED that the Community Development Director and the
Director of Building Inspection are REQUESTED to review the components of the proposed
ordinance in reference to schedule of notice, implementation, enforcement and fee structure,
and report to the Board on March 8, 1994.
1 hereby certify that this is a true and correct copy of
�action supeerrvi80 en ored on the odate the
sh - °f the
ATTESTED:. "•&., !, /�/
Lpssalark Of tn0�f �oO8arm UuOR -nty Admiinistrator
�.J Deputy
cc: County Counsel
Director of Building Inspection
Community Development Director
2 .4 INTRODUCED an Ordinance for tree protection and preserva-
tion; REQUESTED the Community Development 'Director and
n r
Director of Building Inspection to review the components of
the proposed ordinance in reference to schedule of notice,
Vimplementation, enforcement, and fee structure and report to
MAR 11994 the Board on March 8, 1994 .
2.4
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: February 24 , 1994
To: Board of Supervisors
: 1
From: Victor J. Westman, County Co nsel V
Fie: Ordinance on Oak and Indigenous Tree Protection and
Preservation and Development Tree Control
Attached for your consideration, introduction and possible
Adoption on March 8, 1994 is an ordinance to provide for the
protection and preservation of Oak and California Indigenous trees
and development tree controls. The ordinance would require that a
tree permit or other equivalent County approval be first obtained
before any Oak or indigenous trees measuring 20 inches or larger in
circumference (with approximately 6 .5 inches in diameter) and measure
four and one half feet from the ground level, could be cut, trimmed,
topped or removed from any private property within the unincorporated
area. The ordinance would provide similar restrictions for any .trees
and property involved with a proposed development. The ordinance
also has related revisions for its implementation and enforcement.
Assuming Board adoption consideration., the Community Development
Department may wish to comment on the ordinance's possible
administration and enforcement and the appropriate amount of fees to
be fixed for tree permit processing. The attached draft is similar
to ordinances that have been adopted by cities (Martinez, etc. ) in
this County.
The attached ordinance substantially differs from an earlier
formulated draft in several respects . First, the attached ordinance
protects Oak and native indigenous trees of approximately 6 .5 inches
in diameter or larger while the earlier draft's -protected minimum is
a 9 inch diameter.
Second, the attached ordinance doesn't provide for civil
violation fines and penalties in excess of those allowed by law.
(County of San Luis Obispo v. Abalone Alliance [ 1986 ] 178 C.A. 3d
848 . )
Third, the attached ordinance would apply to any new entitlement
applications but would not otherwise require existing private
Board of Supervisors 2 February 24, 1994
commercial parking area within three years to be subject to
landscaping requirements even if no new entitlements for use or
expansion were being sought. Four, the attached ordinance's format
is consistent with the County Ordinance Code' s. zoning regulations .
VJW:df
cc: Harvey Bragden, Community Development Dir.
Dennis Barry, Community Development
Phil Batchelor, County Administrator
df10(2):tree.m
ORDINANCE NO. 94-
(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-_. )
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
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ORDINANCE NO. 94-
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.
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- . )
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 .
2
ORDINANCE NO. 94-
(.Ord. 94-_. ) '
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- )
. 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- )
816=6 .4008 Department. "Department" means the Community
Development Department.
3
ORDINANCE NO. 94-
(Ord. 94- . )
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- . )
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- . )
816-6 . 4014 Director. "Director" means the director of
community development or his/her designee.
(Ord. 94- . )
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.
(Ord. 94- . )
816-6 .4018 Topping. "Topping" is the removal of the
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ORDINANCE NO. 94-
upper 25% or more of a tree's trunk(s) or primary leader.
(Ord. 94- . )
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- . )
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- . )
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- . )
5
ORDINANCE NO. 94-
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
(Ord. 94- . )
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. All oak 'trees and indigenous trees measuring 20
inches or larger in circumference (approximately
6 . 5 inches in diameter) , measured 4 1/2 feet from
ground level. Oak trees include but are not
limited to: Quercus agrifolia (California or Coast
Live Oak) , Quercus douglasi (Blue Oak) , Quercus
Kelloggii (California Black• Oak) or Quercus Lobata
(Valley Oak) . Indigenous trees include but are'
not limited to: Sequoia Sempervirens (Coast
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ORDINANCE NO. 94-
Redwood) , Alnus Rhombifolia (White Alder) , Alnus
Oregona (Red Alder) , Acer Macrophyllum (Bigleaf
Maple) , Aesculus Californica (California Buckeye) ,
Arbutus Menziesii (•Madrone) , Umbellularia
Californica (California Bay or Laurel) , Juglans
Hindsii (California Black Walnut) , Platanus
Racemosa (California Sycamore) , or Sambucus
Callicarpa (Coast Red Elderberry) .
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
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ORDINANCE NO. 94-
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.
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 reparian,
foothill woodland or oak savanna area, or
cultivated orchard (within the Open space element)
designated. Riparian trees include but are not
limited to those listed as indigenous trees in
subsection A. (1 )a.. above.
8
ORDINANCE NO. 94-
(Ord. 94- . )
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 .
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;
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ORDINANCE NO. 94-
(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.
( 7 ) Additional information as may be required by the City
upon review of the above information.
(8) Application and permit fees .
(Ord. 94- . )
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.
(Ord. 94- . )
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 existing tree and the director determines that more technical
expertise is necessary to make the decision, a report prepared by
an arborist may be required, to be paid for by the applicant.
10
ORDINANCE NO. 94-
(Ord. 94- . )
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.
( 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. ;
11
ORDINANCE NO. 94-
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;
(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.
C. The tree to be removed is a member of a group of
trees in which each tree is dependent upon the
12
ORDINANCE NO. 94-
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- . )
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. 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.
13
ORDINANCE NO. 94-
If a permit is denied, the director shall state the reason
for denial . Notice of decision shall be mailed to the applicant.
(Ord. 94- . )
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. 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- . )
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 or involved fire district.
( 2) Prior Approval. Any tree whose removal was
specifically approved as a part of an approved
14
ORDINANCE NO. 94-
development plan, subdivision or other discretionary
project.
(Ord. 94- . )
816-1004 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.
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ORDINANCE NO. 94-
(Ord. 94- . )
Article 816-6 . 12 Tree Protection
816-6 .1202 . Tree Protection. Except where otherwise
provided by the involved development's 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.
( 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
16
ORDINANCE NO. 94-
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- . )
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
17
ORDINANCE NO. 94-
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- . )
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.
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- . )
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
18
ORDINANCE NO. 94-
offense.
(Ord. 94- . ) .
SECTION II . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, 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 , 1994, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
dflO M:tree.ord
19
ORDINANCE NO. 94-