Atascadero City Zoning Code
CHAPTER 11
NATIVE TREE REGULATIONS
§ 9-11.101 Purpose and intent.
Preservation of natural flora and fauna is a basic community goal of the Atascadero General Plan and native trees are valued community assets. The purpose of this chapter is to establish regulations for the installation, maintenance, planting, preservation, protection and selected removal of native trees within the City limits. In establishing these regulations, it is the City's intent to encourage the preservation, maintenance and regeneration of a healthy urban forest. This enhances other values that Atascadero holds for its community including clean air and water, soil conservation, aesthetics, property values and an ecological diversity that will ensure that Atascadero will continue to be a healthy and desirable place to live.
(Ord. 350 § 2, 1998)
§ 9-11.102 Applicability.
(a)
The provisions of this chapter shall apply to all native trees, as defined by this chapter, two inches dbh or greater for deciduous native oaks, California sycamore (Plantanus racemosa Nutt) and madrones (Arbutus Menziesii) and four inches dbh or greater for all other protected native trees, as defined in this chapter. It shall be illegal to intentionally harm, damage and/or cause the death or decline of a native tree or remove a native tree without a City-issued tree removal permit, where such a permit is required by this chapter.
(b)
The provisions of this chapter shall apply to all public and private property and protected native trees within the City of Atascadero, and to any person, firm, corporation and public or private utility company doing work within the City limits.
(Ord. 350 § 2, 1998)
§ 9-11.103 Adoption of standards and guidelines.
The "Tree Standards and Guidelines" (the "Guidelines") set forth the procedures, guidelines and standards that shall be used to implement this chapter. They shall be used to provide details about preservation, maintenance, installation, protection, regeneration and selected removal of trees. They shall be adopted and amended by resolution of the City Council and have the force of law.
(Ord. 350 § 2, 1998)
§ 9-11.104 Definitions.
means a person certified by the International Society of Arboriculture or other recognized professional organization of arborists that provides professional advice and licensed professionals to do physical work on trees in the City.
means any intentional action or gross negligence, which causes injury, death or disfigurement of a tree. Actions include, but are not limited to, cutting, girdling, poisoning, overwatering, soil compaction, unauthorized relocation or transportation of a tree or trenching, excavating, altering the grade or paving within the dripline of a tree.
means "diameter at breast height," specifically four feet six inches above natural grade.
means the outermost line of the tree's canopy projected straight down to the ground surface.
means presenting an immediate danger to people or existing structures.
means the physical destruction, displacement or removal of a tree, or portions of a tree caused by poisoning, cutting, burning, relocation for transplanting, bulldozing or other mechanical, chemical or physical means.
means a tree species as listed below:
Arbutus menziesii Pursh. | Madrone |
Heteromeles arbutifolia Lindl. | Toyon, California Holly |
Juglans hindsii Jeps. | California Black Walnut |
Platanus racemosa Nutt. | California Sycamore |
Quercus agrifolia Eastw. | Coast Live Oak |
Quercus alvordiana Nee | Blue Oak/Desert Oak |
Quercus dumosa Jeps. | Scrub Oak |
Quercus durata Jeps. | Leather Oak |
Quercus douglasii H&A | Blue Oak |
Quercus lobata Nee | Valley |
Quercus turbinella | Desert Oak |
Umbellularia californica Nutt. | California Bay Laurel |
refers to the Atascadero Land Preservation Society or other successor organization recognized by the City Council to cooperate with the City in educational programs and provide advice to the City on matters related to native trees.
means licensed professionals, such as architects, engineers, who are hired by applicants to prepare site plans including tree protection plans.
means a plan prepared to the specification of a certified arborist that shows how specific trees shall be protected during development and related work, including any required mitigation measures to ensure viability of tree after construction, and includes a tree status and impact chart for all applicable trees. The project arborist shall certify that the tree protection plan is accurate if prepared by a civil engineer or other design professional.
means the cutting, detachment or separation of any limb branch or roots from a native tree.
(Ord. 350 § 2, 1998; Ord. 616 § 5, 2018)
§ 9-11.105 Tree removal.
(a)
Permit Required. Except as set forth in subsection (b), a tree removal permit shall be required for the removal of any deciduous native tree two inches dbh or greater and four inches dbh or greater for all other protected native trees, and for pruning of more than 25% of the live canopy in native trees. Any private or public entity doing regular maintenance in the City may seek a blanket pruning permit that may be renewed on a yearly basis.
(b)
Exemptions. The following are exempt from the permit requirements of this chapter:
(1)
Emergency situations which cause hazardous or dangerous conditions that have serious potential to cause immediate damage to persons or improvements on real property. Such situations must be reported to the City within 48 hours;
(2)
Trees planted, grown and maintained as part of a licensed nursery or tree farm business;
(3)
Tree pruning that affects less than 25% of a tree's live canopy within one years' time. The pruning shall be done according to current tree pruning standards as adopted by the International Society of Arboriculture;
(4)
Trees removed as part of an approved "tree management plan";
(5)
Single-family residences in single-family zoning districts where a permanent dwelling exists and building or grading permits are not being sought;
(6)
Emergency septic system repair and/or replacement in a single-family zoning district, where a septic system has failed as determined by the City Engineer and is considered a hazard to the health, safety, and welfare of the homeowner and adjacent property owners.
(c)
Application for Tree Removal.
(1)
Early Consultation. All applicants are encouraged to consult with the Community Development Department before site development that may involve any tree removal. Early consultation shall be a factor used in determining whether proposed improvements can be reasonably designed to avoid the need for tree removal.
(2)
Content. The content of the tree removal application and permit shall be in a form as established by the Community Development Director. The applicant must provide the factual data to make the required finding(s) as required in this chapter.
(3)
Fees. Application fees shall be established by resolution of the City Council.
(4)
Arborist Report. An arborist report shall be provided when determined necessary by the Community Development Director or designee.
(5)
Posting. All native trees proposed for removal shall be identified by the applicant for field inspection as set forth in the Guidelines. When a tree removal permit is sought, the lot shall also be posted at a visible location along the project frontage for a minimum of 15 calendar days prior to approval. The notice shall be in a form approved by the City.
(d)
Review and Approval.
(1)
Authority. The City Council shall make decisions regarding all tree removal application requests involving designated heritage trees. All other tree removal application decisions will be made by the Community Development Department. Any Community Development Department decision may be appealed to the Planning Commission in accordance with AMC Section 9-1.111.
(2)
Required Findings. At least one of the following findings must be made in order to approve a tree removal application:
(i)
The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist;
(ii)
The tree is crowded by other healthier native trees; thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an arborist;
(iii)
The tree is interfering with existing utilities and/or structures, as certified by a report from the site planner;
(iv)
The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the site planner;
(v)
The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors:
a.
Early consultation with the City,
b.
Consideration of practical design alternatives,
c.
Provision of cost comparisons (from applicant) for practical design alternatives,
d.
If saving tree eliminates all reasonable use of the property, or
e.
If saving the tree requires the removal of more desirable trees.
(3)
Evaluative Criteria for Tree Removal. The following criteria will be considered when evaluating each tree removal application:
(i)
The potential effect that tree removal could have on topography, knowing that hilltops, ravines, streambeds and other natural watercourses are more environmentally sensitive than flat or gentle sloping lands;
(ii)
The potential effect that tree removal could have on soil retention and erosion from increased flow of surface waters;
(iii)
The potential effect that tree removal could have on the ambient and future noise level;
(iv)
The potential effect that tree removal could have on the ability of existing vegetation to reduce air movement and wind velocity;
(v)
The potential effect that tree removal could have on significantly reducing available wildlife habitat or result in the displacement of desirable species;
(vi)
Aesthetics;
(vii)
The number, size, species, condition and location of trees to be removed;
(viii)
The special need to protect existing blue and valley oaks because of regeneration problems;
(ix)
The cumulative environmental effects of tree removal.
(4)
Conditions of Approval. Tree removal permits shall be conditioned by one or more of the following methods:
(i)
Depending on the characteristics of the site the applicant may plant replacement trees on site. This method shall include payment in advance for three site inspections during a four year establishment period;
(ii)
Payment of fee to the tree replacement fund;
(iii)
Establishment of conservation easements, which will restrict removal of any tree within a designated area of the property.
(Ord. 350 § 2, 1998; Ord. 578 § 1, 2013; Ord. 616 § 5, 2018)
§ 9-11.106 Tree protection plans.
(a)
Plan Required. Tree protection plans shall be required if any listed activity occurs within 20 feet of the dripline of any native tree. Activities include, but are not limited to, the following: remodeling or new construction, grading, road building, utility trenching, etc. A tree protection plan shall be included as part of the submittal for a road plan, plot plan, precise plan, building permit and/or conditional use permit.
(b)
A tree protection plan shall be prepared to the specification of a certified arborist. The project arborist shall certify that the tree protection plan is accurate if prepared by a civil engineer or other design professional.
(c)
Consultation. Early consultation with the Community Development staff is strongly encouraged prior to the submittal of plans.
(d)
Review and Approval. The protection plan shall be in place and verified before an applicant receives any City permits to begin work, with the exception of tree protection measures proposed during construction. Plans shall be reviewed and approved by the Community Development Department concurrent with the review of any construction or building permit.
(e)
Surety Requirements. In large projects involving valuable trees, the City may require a surety prior to issuance of entitlement. Determination for use of the surety will be based on the complexity of the project and number of trees being impacted. The type of surety must be approved in writing by the City Attorney.
(f)
Tree Protection Plans for Private/Public Utilities. Utility companies doing regular maintenance and construction are not required to submit tree protection plans for each individual project, but shall meet the tree protection requirements set forth in this chapter and the Guidelines through conditions placed in a revocable pruning, trenching and encroachment permit that may be issued on a yearly basis.
(Ord. 350 § 2, 1998; Ord. 616 § 5, 2018)
§ 9-11.107 Tree replacement and regeneration.
For each residential building permit issued, the planting of one five gallon native tree shall be required, based on the rate of one native tree per residential dwelling unit in a single-family or medium density residential zoning district; or one native tree for every five residential dwelling units in the high density residential zoning district. Mixed Use Residential developments in the Downtown Commercial zoning district shall be exempt from tree replacement requirements.
(Ord. 350 § 2, 1998; Ord. 616 § 5, 2018)
§ 9-11.108 Tree abatement: nuisances, pests and disease.
(Reserved)
§ 9-11.109 Tree management plans.
(a)
Tree Management Plans. Tree management plans allow for the management of trees as a resource for the benefit of both the landowner and the community. Tree management plans will allow for comprehensive woodlot management practices as an alternative to the submission of individual tree removal applications. Tree management plans may be permitted on the following types of property.
(b)
Standards for Tree Removal. The standards for tree removal and contents of the tree management plan shall be set forth in the Guidelines.
(Ord. 350 § 2, 1998)
§ 9-11.110 Procedures for public projects.
(a)
Definition. Public projects are any construction project that may impact native trees initiated by any department of the City.
(b)
Binding City to Tree Ordinance. Public initiated projects will comply with the Tree Ordinance unless explicitly exempted by City Council. The City shall consult with an arborist during the planning and inspection of all construction projects impacting native trees.
(c)
Exemptions. Applicant from the City shall submit a written statement to City Council describing project and reason that an exemption should be granted.
(Ord. 350 § 2, 1998)
§ 9-11.111 Heritage trees.
(a)
Defined. Heritage tree means any native or non-native tree recognized by City Council resolution for its age, size, location, historical, and/or cultural significance.
(b)
Heritage Tree Protection. Any tree (native or non-native) may receive protection by City Council resolution for its age, size, location, historical, and/or cultural significance. Heritage trees receive the same protection and are subject to all conditions set forth in this chapter regarding native trees. They may not be removed without City Council approval. Removal applications and approvals shall be consistent with the procedures and findings set forth in Section 9-11.105(c) and (d). The heritage tree list shall be established by resolution and shall be published in the City's Tree Guidelines.
(Ord. 350 § 2, 1998; Ord. 616 § 5, 2018)
§ 9-11.112 Street trees.
(Reserved)
§ 9-11.113 Repeat applications.
When any application made pursuant to Title 9 or Title 11 has been denied, no new application that is substantially the same shall be filed within one year of the date of the previous denial unless the physical facts upon which the decisionmaking body based the denial have changed. The Community Development Director shall determine whether physical facts have changed or when an application is substantially the same as the previous application.
(Ord. 350 § 2, 1998)
§ 9-11.114 Enforcement.
(a)
Authority. It shall be the responsibility of the Community Development Director, or individuals designated by the Director, for the implementation and enforcement of all provisions of this chapter. For the purposes of this chapter, the Director may consult with and employ an arborist, certified by the International Society of Arboricultural or other recognized professional organization of arborists, on technical matters related to the implementation of this chapter, including, but not limited to, the review and approval of tree removal applications, tree protection plans. It shall be the role of the Community Development Department, in conjunction with the Native Tree Association, to develop educational materials and provide information to all applicants requesting permits from the Department, including, but not limited to, building permits, land use permits and other permits issued by the Department.
(b)
Penalties. Violations of this chapter are specifically declared misdemeanors, and upon conviction may be punished as set forth in Chapter 3 of Title 1 of this Code.
(c)
Restitution. In addition to any penalties provided by subsection (b) of this section, any person who damages a tree in violation of the terms of this chapter is responsible for proper restitution and/or conditions as described in Section 9-11.105. The City may bring a civil action for restitution to enforce this section.
(d)
Stop Work. In cases of nonconformance with this chapter, the inspecting official shall immediately issue a stop work order until all requirements have been met. Should unauthorized work or nonconformance lead to tree removal or damage (as defined), the inspecting official shall also issue a stop work order.
(e)
Conditions and Signed Agreements. Should unauthorized work or nonconformance lead to tree removal or damage (as defined), the Community Development Director may also require additional conditions as penalty and as described in this chapter.
(Ord. 350 § 2, 1998)