Walnut City Zoning Code
CHAPTER 6
52 SUPPLEMENTAL PLANNING REQUIREMENTS
§ 6.52.010 Purpose.
A.
The State Legislature has found:
1.
The waters of the State are of limited supply and are subject to ever increasing demands;
2.
The continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;
3.
It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
4.
Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;
5.
Landscape design, installation, maintenance and management can and should be water efficient;
6.
Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use; and
7.
In response to the prolonged state drought conditions, Governor Edmund G. Brown, Jr. issued Drought Executive Order (EO) B-19-25 directing the Department of Water Resources (DWR) to update the State’s Model Water Efficient Landscape Ordinance (MWELO). The MWELO requires cities and counties to adopt a water efficient landscape ordinance that is at least as effective for conserving water as the State’s MWELO.
B.
The City hereby finds that:
1.
The City of Walnut has an existing Water Efficient Landscape Ordinance that is required to be amended to comply with state requirements;
2.
Current local design practices in new landscape typically achieve the State MWELO water use goals;
3.
Landscape plan submittal and review is the standard practice in Walnut;
4.
The annual reference evapotranspiration rate (annual ETo) is 47.5.
C.
Consistent with these findings, the purpose of the City’s Water Efficient Landscape Ordinance is to establish an alternative model acceptable under EO B-19-25 as being at least as effective as the State MWELO in the context of conditions in the City in order to:
1.
Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
2.
Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
3.
Establish provisions for water management practices and water waste prevention for existing landscapes;
4.
Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;
5.
Encourage the use of economic incentives that promote the efficient use of water.
§ 6.52.020 Applicability.
A.
Beginning May 13, 2016, all landscape projects subject to the provisions of this chapter shall first obtain a permit from the Community Development Department prior to the installation of any landscaping. The following landscaping and irrigation related projects shall comply with this chapter and the established guidelines:
1.
New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check, or design review;
2.
Rehabilitated landscape projects with an aggregate landscape area less than 2,500 square feet requiring a building or landscape permit, plan check, or design review, and which are otherwise subject to a discretionary approval of a landscape plan;
3.
New or rehabilitated landscape projects between 500 square feet and 2,500 square feet may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix E of the Guidelines;
4.
New or rehabilitated projects using treated or untreated graywater or rainwater capture on-site, any lot or parcels within the project that has less than 2,500 square-feet of landscape area and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on-site is subject only to Appendix E Section (5) of the Guidelines;
5.
Recognizing the special landscape management needs of cemeteries, new landscape installations or landscape rehabilitation projects at cemeteries shall prepare a water efficient landscape worksheet; landscape and irrigation maintenance schedule; and irrigation audit, survey and water use analysis as required in the Guidelines.
B.
Existing Landscapes. As of the effective date of this chapter, all existing landscape areas are exempt from the provisions of this article or this chapter. For all existing landscapes installed before May 13, 2016 that are greater than one acre in size and are served by a dedicated landscape water meter, the City and/or local water purveyor(s) must administer programs to achieve landscape water use efficiency community-wide.
C.
Unless otherwise determined by the City, this chapter and these guidelines do not apply to:
1.
Registered local, state, or federal historical sites;
2.
Ecological restoration projects that do not require a permanent irrigation system;
3.
Mined-land reclamation projects that do not require a permanent irrigation system; or
4.
Existing plant collections, as part of botanical gardens and arboretums open to the public.
§ 6.52.030 Planning Commission guidelines.
The Planning Commission shall by resolution adopt guidelines providing rules, regulations, requirements, and procedures to assure technical compliance with water efficiency standards at least as efficient as the MWELO described in California Government Code Section 65595(a).
§ 6.52.040 Implementation procedures.
A.
Prior to installation, a landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this article. Any landscape documentation package submitted to the City shall comply with the provision of the Guidelines.
B.
Prior to the assembling of a landscape documentation package, applicants are advised to consult with the Community Development Department as to the type of landscape improvements that are to be made, and whether or not the areas of the subject property that are to be landscaped are within designated slope or natural space easements, or within the City’s Lighting and Open Space Maintenance District (LOSMD).
C.
The landscape documentation package shall bear the stamp and signature by a landscape architect licensed in the State of California certifying that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this article and the Guidelines for Water Efficient Landscaping.
1.
Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations.
2.
Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the City.
3.
Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion in conjunction with a certificate of use and occupancy or permit final process, as provided in the Guidelines for Water Efficient Landscaping.
§ 6.52.050 Landscape water use standards.
A.
For applicable landscape installation or rehabilitation projects subject to Section 6.52.020(A) of this chapter, the estimated applied water (EAW) use allowed for the landscaped area shall not exceed the maximum applied water allowance (MAWA) calculated using an ET adjustment factor of 0.55 for residential areas and 0.45 for nonresidential areas, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.
B.
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by the local water purveyor and the local agency.
§ 6.52.060 Delegation.
The City may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of this chapter on behalf of the City.
§ 6.52.070 Definitions.
The following definitions are applicable to this article:
a means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.
means the number that converts acre-inches per acre per year to gallons per square foot per year.
is a measure of how uniformly an irrigation head applies water to a specific target area and ranges from 0 to 100%.
means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
means landscaping that utilizes little or no irrigation through the use of water-conserving materials and techniques, including, but not limited to, native drought-tolerant plants, mulch, and efficient irrigation.
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
means a drip irrigation emission device that delivers water slowly from the system to the soil.
means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.
A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this chapter and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0. |
means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this chapter.
means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this chapter.
means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this article, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this article to the requirements applicable to developer-installed residential landscape projects.
means a portion of the landscaped area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or non-irrigated.
means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species.
means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.
means the measurement of the amount of water beneficially used divided by the amount of water applied to a landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of these Guidelines is 0.71. Greater irrigation efficiency can be expected from designed and maintained systems. The following irrigation efficiency may be obtained for the listed irrigation heads with an IME of 90%:
is the product of a plant factor multiplied by a density factor and a microclimate factor. The landscape coefficient is derived to estimate water loss from irrigated landscaped areas and special landscaped areas.
means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines.
means a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code.
means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 6.52.020.
means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
means a city or county, including a charter city or charter county, that is authorized by the City to implement, administer, and/or enforce any of the provisions of this chapter on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of this chapter, including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
means any entity, including a public agency, city, county, or private water company that provides retail water service.
means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
means the pressurized pipeline that delivers water from the water source to the valve or outlet.
means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Guidelines. It is based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.
means the climate of a small, specific area that may contrast with the climate of the overall landscaped area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
mean any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
means any organic material such as leaves, bark, straw or compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
means, for the purposes of this chapter, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.
means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
means any surface or material that allows the passage of water through the material and into the underlying soil.
is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."
means the rate of application of water measured in inches per hour.
means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.
means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.
means any re-landscaping project that meets the applicability criteria of Section 6.52.020(A), where the modified landscape area is greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are planned to occur within one year.
means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data.
means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
means a device used to control the flow of water in an irrigation system.
means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
means the Water Use Classification of Landscape published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000 (www.owue.water.ca.gov/docs/wucols00).
§ 6.52.075 Model Water Efficient Landscaping Ordinance requirements.
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new single-family, multifamily, public, institutional, or commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet shall comply with the requirements of Section 3.29.090 of the Walnut Municipal Code.
(Ord. 21-04, § 4)
§ 6.52.080 Purpose.
The purpose of this article is to adopt and implement a trip reduction and travel demand management ordinance that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots; improvement in the balance between jobs and housing and other strategies, including flexible work hours, telecommuting and parking management programs, as necessary to meet congestion and air quality goals. Additionally, the purpose of this article is to link land use, transportation and air quality decisions; minimize the number of peak period vehicle trips generated by additional development to promote the use of alternative transportation; improve air quality; maintain economic vitality of the region; and by the participation in regional and countywide efforts, improve transportation demand management, and thereby improve the environment of the City.
§ 6.52.090 Definitions.
The following words and phrases shall have the following meanings when used in this article:
means the use of modes of transportation other than the single passenger motor vehicle, including, but not limited to, carpools, vanpools, buspools, public transit, walking and bicycling.
means any development project that is determined to meet the project size threshold criteria contained in Section 6.52.110.
means a vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.
means a vehicle carrying two to six persons commuting together to and from work on a regular basis.
is a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.
means 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 article as determined by the property owner.
means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this article and which exceed the thresholds defined in this title 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.
means the portion of total required parking at a development used by onsite employees. Unless specified in this title, employee parking shall be calculated as follows:
Type of Use | Percent of Total Required Parking Devoted to Employees |
|---|---|
Commercial | 30% |
Office/Professional | 85% |
Industrial/Manufacturing | 90% |
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 convenient to a place of employment than parking spaces provided for single occupant vehicles.
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 this article either directly or by delegating such responsibility as appropriate to a tenant and/or his or her agent.
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 nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).
means the lessee of facility space at an applicable development project.
means the alteration of travel behavior—usually on the part of commuters—through programs 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 or eliminate them altogether (as is the case in telecommuting or compressed work weeks).
means reduction in the number of work-related trips made by single occupant vehicles.
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 to 15 adult passengers, and on a prepaid subscription basis.
means any motorized form of transportation, including, but not limited to, automobiles, vans, buses and motorcycles.
§ 6.52.100 Review of transit impacts.
A.
Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) 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 article shall be exempted from its provisions. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIRs 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 recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.
B.
Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to 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.
§ 6.52.110 Transportation demand and trip reduction measures.
A.
Applicability of Requirements.
1.
Prior to approval of any development project, the applicant shall make provisions for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.
2.
This article shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 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 article.
3.
All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.
B.
Development Standards.
1.
Nonresidential development of 25,000 square feet or more shall provide the following to the satisfaction of the City:
a.
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:
i.
Current maps, routes and schedules for public transit routes serving the site;
ii.
Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;
iii.
Ridesharing promotional material supplied by commuter-oriented organizations;
iv.
Bicycle route and facility information including regional/local bicycle maps and bicycle safety information;
v.
A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.
2.
Nonresidential development of 50,000 square feet or more shall comply with paragraph 1 of this subsection and shall provide all of the following measures to the satisfaction of the City:
a.
Not less than 10% of employee parking area 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 displaying 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 the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining 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. When located within a parking structure, a minimum vertical interior clearance of 7'22" shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool areas. Compliance with this minimum vertical clearance standard is not intended to relieve the duty or obligation that may be imposed with any requirements or provisions of the Americans with Disabilities Act or Title 24, State of California Energy/Insulation Regulations and Handicapped Persons Standards.
c.
Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential 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 fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike 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.
Nonresidential development of 100,000 square feet or more shall comply with paragraphs 1 and 2 of this subsection, 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 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 from the external circulation system to bicycle parking onsite.
§ 6.52.120 Transportation demand and trip reduction measures monitoring.
All development projects for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), and for which all applicable demand management and trip reduction measures are required per this article, shall comply with the Mitigation Monitoring Program and Enforcement of Mitigation Measures as established within the environmental impact report for this specific project.
§ 6.52.130 Transportation demand and trip reduction measures enforcement.
No person shall violate or fail to comply with any or all of the applicable demand management and trip reduction measures, as required per this article and as enforceable as conditions of approval of an unclassified use permit, site plan and architectural review, or other discretionary approval(s) for the project. Should the developer, or responsible or trustee agency, violate or fail to comply with this article, and applicable conditions of approval, all permits including, but not limited to, the certificate of occupancy and/or business license, unclassified use permits, site plans and architectural reviews, or other discretionary approvals for the project may be revoked by the City. Any such violation or failure to comply with any or all of this article may result in the revocation of the certificate of occupancy and/or business license. Any violation of this article may be prosecuted as a misdemeanor or abated as a nuisance pursuant to Walnut Municipal Code Section 1.12.020.
§ 6.52.140 CMP TDM Ordinance requirements.
CMP TDM Ordinance Requirements | |||
|---|---|---|---|
TDM Requirements | New Nonresidential Development | ||
25,000+ sq. ft. (30—100 employees) | 50,000+ sq. ft. (60—200 employees) | 100,000+ sq. ft. (125—400 employees) | |
Transportation Information Area | * | * | * |
Preferential Carpool/Vanpool Parking | * | * | |
Parking Designed to Admit Vanpools | * | * | |
Bicycle Parking | * | * | |
Carpool/Vanpool Loading Zones | * | ||
Efficient Pedestrian Access | * | ||
Bus Stop Improvements | * | ||
Safe Bike Access from Street to Bike Parking | * | ||
Transit Review | For all residential and nonresidential projects subject to EIR | ||
§ 6.52.150 Purpose.
The purpose of this article is to adopt and implement a land use analysis program to ensure that the City, in addition to examining and mitigating transportation impacts on the local street network, considers the regional transportation impact of new development through the land use approval process. Integrated with CEQA, this program is designed to provide a consistent, countywide methodology, to determine the impact of new development on the CMP roadway system. It is the intent of this program to promote increased coordination between jurisdictions, transit providers, local decision-makers and interested parties, and thereby enhance countywide mobility and improve air quality.
§ 6.52.160 Applicability of requirements.
All development projects required to prepare an Environmental Impact Report (EIR) based on the City’s determination, will be subject to the land use analysis program. In addition to the procedural guidelines already established by CEQA, traffic and transit impacts shall be assessed using the "Transportation Impact Analysis" methods contained in the Los Angeles County Congestion Management Program.
§ 6.52.170 Purpose.
A.
Cities and counties must divert 50% of all solid waste by January 1, 2000, through source reduction, recycling and composting activities.
B.
Diverting 50% of all solid waste requires the participation of the residential, commercial, industrial and public sectors.
C.
The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling and composting activities. The ordinance codified in this article has been developed to meet that need.
§ 6.52.180 Definitions.
means any of the following:
A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more living units.
Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.
An improvement adds to the value of a facility, prolongs its useful life or adapts it to new uses.
Improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.
The definition of public facility includes, but is not limited to, buildings, structures, marinas and outdoor recreation areas owned by a local agency.
means space allocated for collecting and loading of recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.
§ 6.52.190 General requirements.
A.
Any new development project for which an application of a building permit is submitted on or after September 1, 1993, shall include adequate, accessible and convenient areas for collecting and loading recyclable materials.
B.
Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible and convenient areas for collecting and loading recyclable materials.
C.
Any existing development project for which an application for a building permit is submitted on or after September 1, 1993, for a single alteration which is subsequently performed that adds 30% or more to the existing floor area of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials.
D.
Any existing development project for which an application for a building permit is submitted on or after September 1, 1993, for multiple alterations which are conducted within a 12-month period which collectively add 30% or more to the existing floor area of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials.
E.
Any existing development project for which multiple applications for building permits are submitted within a 12-month period beginning on or after September 1, 1993, for multiple alterations which are subsequently performed that collectively add 30% or more to the existing floor area of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials.
F.
Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1993, an application for a building permit for a single alteration which is subsequently performed that adds 30% or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.
G.
Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1993, an application for a building permit for multiple alterations which are conducted within a 12-month period which collectively add 30% or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.
H.
Any existing development project occupied by multiple tenants, one of which submits within a 12-month period beginning on or after September 1, 1993, multiple applications for building permits for multiple alterations which is subsequently performed that collectively add 30% or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.
I.
Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.
§ 6.52.200 Guidelines for all development projects.
A.
Where local standards exist, recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards.
B.
The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.
C.
The design, construction and location of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.
D.
Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.
E.
Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.
F.
A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points or direct access to the recycling areas.
G.
Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to, maintaining adequate separation, fencing and landscaping.
§ 6.52.210 Additional guidelines for single-tenant development projects.
A.
Areas for recycling shall be adequate in capacity, number and distribution to serve the development project.
B.
Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project.
C.
An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area.
§ 6.52.220 Additional guidelines for multiple-tenant development projects.
A.
Recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to Section 6.52.190.
B.
Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to Section 6.52.190.
C.
An adequate number of bins or containers to allow for the collection and loading of recycling materials generated by that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling areas pursuant to Section 6.52.190 should be located within the recycling area.
§ 6.52.230 Location.
A.
Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state or local laws relating to fire, access, building, transportation, circulation or safety.
B.
Any and all recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.
§ 6.52.240 Purpose.
A.
The City lies in the Walnut Valley, the beauty and natural setting of which is greatly enhanced by the presence of large majestic trees. These indigenous trees are recognized for their significant historical, aesthetic and environmental value. They are indicator species for the natural communities in which they exist, supporting a broad spectrum of other native plant and animal species. As one of the most picturesque trees in the Southern California area, they lend beauty and charm to the natural and man-made landscape, enhance the value of property and preserve the character of the communities in which they exist.
B.
Development within the Walnut Valley has resulted in the removal of most of these trees. Further uncontrolled and indiscriminate destruction of this diminishing plant heritage would detrimentally affect the general health, safety and welfare of the citizens of Walnut. The preservation program and procedures outlined in these guidelines contribute to the welfare and aesthetics of the community and retain the great historical and environmental value of these last remaining trees.
C.
No person, partnership, firm, corporation, government agency, or other legal entity shall cut, prune, remove, relocate, endanger or damage any tree protected by this article on any land located within the incorporated areas of the City of Walnut except in accordance with the conditions of a valid tree permit issued by the City.
§ 6.52.250 Tree policy.
It is the policy of the City of Walnut to require the preservation of all healthy trees unless compelling reasons justify the removal of such trees. This policy shall apply to the removal, pruning, cutting and/or encroachment into the protected zone of the trees. The Community Development Department shall have the primary and overall responsibility to administer, evaluate and monitor this policy to assure strict compliance.
§ 6.52.260 Definitions.
For purposes of these guidelines, unless otherwise apparent from the context, certain words and phrases used in this resolution are defined in this section.
means a letter certifying that the work was performed under the general or direct supervision of a tree preservation consultant and that said work fully complies with the conditions of the development permit, the tree report or this article, as appropriate.
means the detaching or separating, either in whole or in part, from a protected tree, any part of the tree, including but not limited to, any limb, branch, root, or leaves. Cutting shall include pruning and trimming.
means any action undertaken which causes or tends to cause injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, burning, over watering, relocating or transplanting a protected tree, changing or compacting the natural grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of a tree.
means 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 tree consultant in the spring before being declared dead.
means limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one year, inclusive of prime growing weather.
means the process of trimming a tree of its deadwood.
means the outermost edge of the tree’s canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the farthest extension of the limbs and leaf canopy.
means any intrusion into the protected zone of a tree which includes, but is not limited to, grading, excavating, trenching, dumping of materials, animal corrals, storage of materials or equipment, or the construction of structures, paving or other improvements. For purposes of this section, encroachment shall not include the action of a person physically entering the protected zone of an oak tree.
means an entitlement from the City authorizing certain grading work that must be conducted within the protected zone of a tree, and allows proper drainage to occur as required by the Walnut Municipal Code.
means improvements that do not disturb the soil within the protected zone of an oak tree.
means any tree measuring 40 inches or more in circumference or, in the case of a multiple trunk tree, two or more trunks measuring 30 inches or greater in circumference, measured three feet above the natural grade surrounding such tree. In addition, the Planning Commission and/or City Council may classify a tree, regardless of size, as a heritage oak/walnut tree if it is determined by a majority vote thereof that such tree has exceptional historic, aesthetics and/or prominence to the community.
(does include the City of Walnut) means any natural person, partnership, firm, corporation, governmental agency or other legal entity, including the City of Walnut.
means a meeting between the applicant and appropriate City representatives for the purpose of discussing the requirements for submitting an application for a tree permit.
means a meeting with the applicant, contractors, superintendent, engineers, oak tree consultants, and City representative to delineate special procedures, limits of work, lines of authority and special conditions or procedures.
means the same as oak or walnut tree that measures a minimum of six inches in circumference at a point four and one-half feet off the ground measured from the base of the tree.
means a specifically defined area totally encompassing a tree within which work activities are strictly controlled. Using the dripline as a point of reference, the protected zone shall commence at a point five feet outside of the dripline and extend inwards to the trunk of the tree. In no case shall the protected zone be less than 15 feet from the trunk of a tree.
means any and all cutting performed upon the roots or limbs of a tree.
See Section 6.52.310.
means the physical removal of a tree or causing the death of a tree through damaging, poisoning or other direct or indirect action.
means actions taken for the continued health of a tree such as insect control spraying, limited watering, fertilization, deadwooding, and ground aeration. For the purposes of this article, routine maintenance shall not include pruning or trimming.
means any oak tree of the genus Quercus including, but not limited to, Blue Oak (Quercus douglasii), California Black Oak (Quercus kelloggi), Valley Oak (Quercus lobata), California-Live Oak (Quercus agrifolia), Canyon Oak (Quercus chrysolepia), Interior Live Oak (Quercus wislizenni), Scrub Oak (Quercus Dumosa), and California Black Walnut (Juglans californica).
means an individual or firm with a degree or acceptable and relevant experience in landscape architecture and/or horticulture, including a great deal of experience in monitoring and maintaining the health of oak/walnut trees.
means a packet containing certain information handouts distributed to property owners whose lots contain oak/walnut trees.
means an entitlement from the City authorizing specific work to be performed within the protected zone of an oak/walnut tree.
means a report prepared by a tree consultant containing specific information on the location, condition, potential impacts of development, recommended actions and mitigation measures regarding one or more trees on an individual lot or project site.
means cutting branches six inches or more in circumference on a mature tree.
§ 6.52.270 Exemptions.
Notwithstanding the provisions of this code, a permit is not required under the following circumstances:
A.
For trees that do not exceed six inches in circumference when measured at a point four and one-half feet above the tree’s natural grade, excepting heritage trees.
B.
In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards, the City’s tree consultant, authorized City official, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense official or code enforcement officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken.
C.
For trees planted, grown and/or held for sale as a part of a licensed nursery business.
D.
In non-emergency situations, pruning by a public service or utility necessary to protect or maintain overhead clearance for existing electric power or communication lines, or public rights-of-way, subject to prior notice to the Director and approval by the Director, as conditioned by the City’s tree consultant. All pruning work in emergency situations shall follow proper arboricultural practices and subsequent to the emergency action written notification shall be provided to the Director describing the nature of the emergency and the action taken.
E.
Pruning of deadwood or live limbs on undeveloped properties provided such live limbs do not exceed six inches in circumference at the location of the cut. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City’s tree consultant and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished.
F.
Routine maintenance as defined herein.
G.
Removal of tree(s) (including relocation, routine maintenance, trimming, pruning and/or cutting) on developed property unless the request involves another entitlement requiring a recommendation or approval by the Planning Commission.
H.
Trees located on developed or undeveloped City-held, owned or maintained property.
§ 6.52.280 Use of explosives.
All tree fellers, tree surgeons, or any other person using explosives within the City limits in connection with the cutting down or removal of any tree shall first apply to the City 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.
§ 6.52.290 Permit required.
No person shall cut, prune, remove, relocate, endanger, damage or encroach into the protected zone of any tree within the City except in accordance with the conditions of a valid tree permit issued by the City. The applicant shall be required to furnish all necessary information as determined by the Director together with the appropriate fee as established by council resolution. Application materials shall include, but not be limited to, a tree report conforming to the specifications of this section, a field instrument survey of the tree, its dripline, and protected zone location, illustrations and justifications of the proposal, tree tagging and photograph of each tree.
A.
Step One: Pre-Application Conference. The purpose of this meeting is to familiarize the applicant with the City’s permit process, to identify the information and materials necessary to file an application for an oak tree permit, and to discuss applicable policies and procedures relative to the project. A pre-application conference may be arranged by calling the Department of Community Development.
B.
Step Two: Formal Application. Once the applicant has completed all application forms and prepared all of the information identified during the pre-application conference, the applicant may formally submit the project application together with the applicable fee.
C.
Step Three: Application Review.
1.
On receipt of an application for a tree permit, the Department of Community Development shall review the application for accuracy and completeness and make an inspection of the project site.
2.
The application will be reviewed by the City’s tree consultant.
3.
Upon completion of application review and on-site inspections, the City’s tree consultant shall submit a written report to the Department of Community Development outlining the findings and recommendations.
4.
In the event the applicant chooses not to hire their own tree consultant the City may have the tree report prepared by the City tree consultant, under direction of the City and at the applicant’s cost.
D.
Step Four: Environmental Review. Pursuant to the requirements of the California Environmental Quality Act, the City staff shall determine the appropriate level of environmental review for the project. If an initial study is required, an environmental questionnaire and associated filing fee shall be required.
E.
Step Five: Findings for Approval. After receiving all of the required information, the request may be approved when one of the following findings can be made:
1.
The condition of the protected tree(s) requires cutting to preserve its health or maintain its balance.
2.
The condition of the protected tree(s) general health with respect to the perceived danger of falling 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.
3.
The approval of this request will not be contrary to or in conflict with the general purpose and intent of this article.
4.
In evaluating requests for removal or encroachments based on the reasonable and conforming use section, the City shall take into consideration: comparison of proposed building(s) gross floor area and other on-site design features with other conforming developments in the same vicinity and zone, and any other factors that are unique to the property such as topographic constraints and other physical limitations. The applicant shall be responsible for submitting adequate information to demonstrate that reasonable and conforming use cannot be made of the subject property without removal(s) or encroachment(s) into the protected zone of a tree.
5.
It is necessary to remove, relocate, prune, cut or encroach into the protected zone of an oak or walnut tree to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the property.
6.
No heritage tree shall be removed unless one or more of the above findings are made and the decision maker also finds that the heritage tree’s continued existence would prevent any reasonable development of the property and that no reasonable alternative can be accommodated due to the unique physical constraints of the property. It shall further be found that the removal of such heritage tree will not be unreasonably detrimental to the community and surrounding area.
F.
Step Six: Approval Procedure.
1.
The Planning Commission may approve, deny, or conditionally approve a tree permit
2.
Tree permits are limited to one permit per site in any 12-month period.
3.
The provisions of this article may be modified subject to the recommendation, along with required supporting documentation, of the City’s tree consultant and the review and approval of such modification by the Planning Commission.
4.
The Commission’s decision may be appealed to the City Council pursuant to the provisions of the municipal code.
5.
Any request for removal of any heritage trees on a single parcel or within a single development shall be reviewed by the Planning Commission who may approve, deny or conditionally approve such request. The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of the municipal code.
6.
Whenever the request involves another entitlement requiring a recommendation or approval by the Planning Commission, the Director shall refer the request to the Planning Commission.
§ 6.52.300 Conditions.
Conditions may be imposed on the permit at the discretion of the decision-maker 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 a tree.
B.
The relocating of trees on-site or off-site, or the planting of new trees on-site or off-site to offset the loss of a tree. The applicant shall be responsible for periodic submission of affidavits by a certified tree expert at the conclusion of grading and construction, one year after the planting of replacement or relocated trees, and two years after the planting of replacement or relocated trees for on-site trees only. Such affidavit shall certify compliance with all conditions of the permit and the health of all replacement or relocated trees. This requirement shall be supplemented by random inspections by the City of Walnut. The applicant’s acceptance of an approved permit and the exercise of rights thereunder shall be deemed consent to allowing City officials reasonable access to the property for the purpose of conducting such inspections. A written proposal from a qualified transplantation company must be submitted stating the feasibility of transplanting any tree.
C.
A condition requiring a maintenance and care program, as described by the tree consultant, shall be required. This program shall be initiated to insure the continued health and care of trees on the property.
D.
Payment of a fee or donation of boxed trees to the City or other approved public agency to be used elsewhere in the City. Such fee or boxed trees shall be of equivalent value to any and all trees removed from the property as defined by the International Society of Arboriculture’s (ISA) current edition of "Guide to Establishing Values for Trees and Shrubs," a copy of which shall be kept on file in the City’s Department of Community Development. The applicant shall be credited with the value of any replacement trees which may be required. Such fees shall be utilized for the purpose of furthering the preservation and regeneration of trees, the identification of official designation of heritage trees, the purpose, monitoring and ongoing maintenance of trees, landscaping and other habitat refurbishment, and for educational informational programs related to trees and their preservation. As an alternative to the payment of all or a portion of the fees described above, an applicant may also be credited with the value of any accepted dedications of property within the City which are suitable for the planting and survival of trees. Fees imposed under this section may be reduced as mitigated by specific circumstances and corrective measures undertaken by the property owner.
§ 6.52.310 Relocations.
In certain limited cases, the City may consider the relocation of trees from one area in the project to another. The guidelines and limitations of this program are as follows:
A.
Trees which are approved for relocation will be considered by the City as removals.
B.
The tree(s) being recommended for relocation must be approved by the City’s tree consultant whose decision will be based upon factors relating to health, type, size, time of year and proposed location.
C.
The size of any relocated tree may not exceed 37.68 inches in circumference or 12 inches in diameter. Exceptions to this policy may be made if a larger diameter nursery grown tree is available and can be reserved for a period of one year in the event the relocation tree does not survive for one year.
D.
An inspection of relocated trees shall be made at the conclusion of grading and construction, at one-year and two-year intervals after the planting of replacement or relocated trees. This pertains to on-site trees only (in accordance with Section 6.52.300(B)).
E.
A refundable cash security deposit shall be made with the Department of Community Development. The amount shall be determined by the International Society of Arboriculture Valuation, plus cost of planting. The deposit will be refunded after 24 months if, in the opinion of the City’s tree consultant, the relocated tree has survived and is considered to be in good health. If the health of the tree is unchanged or has declined, the applicant will remove the relocated tree and replace it with an equivalent nursery grown tree or trees. The determination of health will be made by the tree consultant.
F.
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.
§ 6.52.320 Replacement tree-Types, sizes, and locations.
A.
Types. In all cases, replacement trees must be approved in advance by the Planning Commission and shall be trees that are determined to be native to California.
B.
Sizes. While it is recognized that tree sizes may vary somewhat, the following table taken from the Keeline-Wilcox 1985 Wholesale Catalog will serve as the basis for what the City expects in terms of size. Consultants will be expected to make every attempt to obtain trees whose specifications most nearly approach the following:
Size Container (inches) | Height (feet) | Spread (feet) | Caliper (inches) |
|---|---|---|---|
15 Gal. | |||
24″ Box | 8-10′ | 5-6′ | 2″ |
30″ Box | 10-12′ | 6-8′ | 2 1/2″ |
36″ Box | 12-14′ | 8-10′ | 3″ |
42″ Box | 14-16′ | 10-12′ | 3 1/2″ |
48″ Box | 16-18′ | 12-13′ | 4″ |
54″ Box | 18′ + | 13-14′ | 4 1/2″ |
60″ Box | 20′ + | 14-15′ | 5-6″ |
72″ Box | 22′ + | 15′ + | 6″ + |
Replacement of trees should be made by caliper (trunk diameter) and not by box size alone.
C.
Location of Replacement Trees. In determining the location of replacement trees, the Planning Commission shall consider, but is not limited to, the following factors:
1.
The vegetative character of the surrounding area near the project site.
2.
The number of trees subject to this article which are proposed to be removed in relation to the number of such trees currently existing on the project site.
3.
The anticipated effectiveness of the replacement trees as determined by the tree report submitted by the applicant.
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 Commission may consider other options as follows:
5.
Planting trees on public property such as designated open space areas, public parks, etc.
§ 6.52.330 Oak/walnut tree permit-Application requirements.
The materials required to complete an application are described below; however, additional information may be required when determined necessary for permit processing. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
A.
Permit Required. There shall be no removal of/or encroachment into the protected zone of a tree measuring six inches in circumference or larger when measured at a point four and one-half feet above the tree’s natural grade, as measured from the highest ground elevation adjacent to the tree, without first obtaining a tree permit.
B.
Application Form. Application shall be made on the standard application form supplied by the Department of Community Development. The signature of the property 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 or her tree preservation consultant stating the justification for planned actions involving trees.
Statements should establish how the 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 its health, balance or structure.
2.
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 6.52.290(E) for specific guidelines.)
3.
That the condition of the tree(s) subject to this article with respect to disease, danger of falling, proximity to existing or proposed buildings and/or structures, parking lots or interference with utility services cannot be controlled or remedied through redesign of the site elements, reasonable preservation procedures and practices.
D.
Site Plan. The requirement for a site plan may be waived in some situations involving cutting or removal of dangerous trees.
In those cases determined to require a site plan, the following information should be included:
Note: Existing site plan may be used provided the information is both current and accurate.
1.
Size. Maps should not exceed 30 inches by 42 inches in size.
2.
Scale. The scale should not be smaller than one inch equals 20 feet.
Note: Map size and scale may be decreased with prior approval. |
3.
Title Block. In one corner of the map, indicate the name of the property owners, applicant, appropriate consultants, (such as surveyor and tree specialists) 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:
a.
Property lines;
b.
Streets, access easements and/or public or private driveways and any other paved areas;
c.
Buildings or structures;
d.
Setbacks of all buildings and structures from property lines;
e.
Parking and other paved areas;
f.
Land uses on parcel (existing and proposed as applicable);
g.
Proposed grading and construction, including utilities and subdrains.
5.
Tree Locations. Unless advised differently, the map shall indicate the exact location of a tree proposed to be encroached upon, removed and/or relocated, and those trees within 200 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 and tree location map as appropriate.
6.
Dripline(s) of the tree(s). The exact location of the dripline of a tree is crucial in order to evaluate any impacts resulting from construction. Consequently, aerial photographs and rough approximations will not be acceptable. The dripline must be plotted in the following manner:
a.
Obtain and record eight compass readings: N, NE, E, SE, S, SW, W, NW plus any directions which have greater dripline dimensions.
b.
Perform a measurement of the dripline in the field at each compass reading.
c.
Sketch in any variations as observed in the field.
Where site improvements come within 20 feet of any tree’s dripline, 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 subsection E of this section.
E.
Tagging. In the process of preparing 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:
1.
A permanent tag, a minimum of one and one-quarter inches to two 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.
2.
The tag shall be affixed to the north side of the tree at a height of three and one-half feet above the natural elevation.
3.
Except for trees whose number has become obliterated, trees that were previously tagged need not be retagged.
F.
Tree Report.
1.
General.
a.
No Report Necessary. The determination on the requirement for a 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 a tree report may be waived only in situations involving the removal of dangerous trees, subject to verification by the City’s tree consultant. A tree report may also be waived by the City’s tree consultant should all of the trees on the property be a sufficient distance from construction so as not to be impacted by construction or grading, photographs and protective fencing shall be required.
b.
New Report Necessary. In situations requiring the submission of a tree report, the document shall be certified by the applicant’s tree preservation consultant to be true and correct and must be acceptable to the Director and the City tree consultant. Questions concerning the extent of the report’s content or the acceptability of the report’s preparer should be cleared with the community development staff in advance.
c.
Use of Existing Report. In cases where there is an existing tree report on a project that was not approved and/or constructed, the applicant may be required to provide a supplementary report rather than a new report. In addition to any design changes, the report will retain the original numbering system and include the current health and dripline of each tree on the project. This addendum would usually occur after the original report is approximately two years old.
2.
Criteria.
a.
The tree report shall describe and evaluate the health and condition of the subject trees with respect to such factors as danger, existence of disease and danger of the tree falling. Additionally, each tree shall be rated on a scale of A to F. (The rating system is described in paragraph 3 of this subsection.)
b.
A tree evaluation form shall be completed for each affected tree showing the location, spread, trunk circumference (as measured three feet above the average ground level at the base of the tree) and species name of each tree. (Sample tree evaluation forms are included in attachments.) Additionally, the report shall discuss all grading and structures, required cutting, paving or trenching in and around the trees on the project and shall evaluate, to the extent possible, the impact of such activity on the tree, as well as any mitigating measures proposed, and the anticipated effectiveness thereof.
c.
In addition, the tree report shall contain the following information:
i.
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)
Circumference of trunk at three feet above 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 an "A—F" scale based on standard tree of same species ("A" would be a healthy tree on all sides, "F" would be a dead tree; see paragraph 3 of this subsection);
(F)
Existing tree environment including type of terrain;
(G)
Physical structure - top heavy or side heavy growth, broken branches, etc.; and any mitigation measures proposed to correct any problems;
(H)
The minimum clearance from the present grade to the bottom of the canopy on each of the compass points;
(I)
Drawn sections shall be submitted showing the tree and all impacts to protected zone above and below natural grade. Sections shall be to scale.
ii.
Horticultural Evaluation. Horticultural evaluation information requires; including, but not limited to:
(A)
Physical evidence of disease, exfoliation, leaf scorch, exudations; etc. It is required that each identified disease symptom be accompanied with a statement as to the probable effect of the disease upon the life or structure of the tree.
(B)
Identification of pests, twig girdler-borers, termites, pit scale, plant parasites; etc.
(C)
Evaluation of tree’s vigor; e.g., new tip growth, good leaf color, poor leaf color, abnormal bark, deadwood, thinning of crown; and recommended mitigation measures necessary to correct any problems.
3.
Tree Rating System. In rating trees, the following system will be used to describe their condition.
a.
"A" = Outstanding. A healthy and vigorous tree characteristic of its species and reasonably free of any visible signs of stress, disease or pest infestation.
b.
"B" = Above Average. A healthy and vigorous tree with minor visible signs of stress, disease and/or past infestation.
c.
"C" = Average. Although healthy in overall appearance, there is an abnormal amount of stress or disease and/or pest infestation.
d.
"D" = Below Average/Poor. This tree is characterized by exhibiting a greater degree of stress, disease and/or pest infestation than normal and appears to be in a state of rapid decline. The degree of decline may vary greatly in signs of dieback, disease and pest infestation and appears to be in an advanced state of decline.
e.
"F" = Dead. This tree exhibits no signs of life whatsoever.
§ 6.52.340 Standards for performance of permitted work.
A.
General Information.
1.
Scope of Work. All work shall be performed as specified in the approved tree report, tree permit and the requirements contained in this article and the accompanying standards and details. Additional work such as spraying, watering, fertilization, cabling, bracing, drainage correction, irrigation correction, etc., may be required as determined by the City’s tree consultant. It must be remembered that these trees are living organisms and that the necessity for such additional work may be required due to a change in their condition since the original tree report was prepared.
2.
Oak/Walnut Tree Preservation Consultants. Generally, the services of a tree consultant are made necessary by conditions of approval of various permits issued by the City of Walnut. The importance of the consultant to the applicant/property owner is clear from the various requirements listed in this article.
From the City’s perspective, it is both necessary and critical that the tree consultant of record is allowed to act independently to perform his/her duties in a manner whereby he/she will be able to certify work as required by these guidelines. Where major cuts (over six inches circumference) have been approved, the applicant/property owner must notify the consultant(s) with a 48-hour advance written notice before commencing any authorized work within the protected zone of trees.
3.
Inspections. All work shall be conducted in accordance with applicable ordinances and procedures detailed herein. It is the applicant’s responsibility to call for and secure all inspections required to approve all such work.
4.
Work Within the Protected Zone. Because of the high sensitivity of these trees, great care must be taken when work is being conducted within the protected zone. For this reason, the City has established specific procedures to ensure that the trees receive maximum protection. The procedures are as follows:
a.
On-Site Supervision. All work conducted within the protected zone of the tree shall be performed in the presence of the applicant’s oak tree consultant, and verified by the City’s oak tree consultant.
b.
Forty-Eight Hour Notice. Except for deadwooding and pruning of limbs which are six inches or less in circumference, the applicant shall provide a 48-hour notice to the Department of Community Development and the appropriate tree consultant before beginning any work within the protected zone.
c.
Hand Tools. Unless otherwise approved, all work conducted within the protected zone underneath the tree shall be accomplished using hand tools only. Use of tractors and other vehicles within the protected zone is prohibited. The use of chainsaws for cutting branches is permitted.
d.
Certification Letter. Certification letters are required for all work conducted upon the trees. In this regard, the applicant’s tree consultant shall submit a certification letter to the Department of Community Development within 10 working days after completion of such work certifying that all of the work was conducted in accordance with the appropriate permits and the requirements of this article.
5.
New Plants within the Protected Zone. Although any planting within the protected zone is discouraged, only drought tolerant plantings will be permitted. Moreover, if such plants are allowed, no irrigation systems around native oaks will be permitted except as approved by the Planning Commission. Each request to plant within the protected zone of a tree will be judged on its own merits. Paramount in the consideration of a request will be the compatibility of the plantings to the intent to preserve the tree. Plants should be selected from those normally found beneath a tree in its natural setting. Use caution to avoid plants which are susceptible to either Phytophthora cinnamomi (Avocado Root Rot) or Armillaria Mallea (Oak Root Fungus). A three inch layer of organic mulch will be installed within the protected zone of all trees.
B.
Tree Maintenance and Pruning Operations.
1.
Ornamental or Aesthetic Pruning. It is the policy of the City of Walnut not to allow the removal of live tissue for the purpose of altering the appearance of a tree. Therefore, ornamental pruning, trimming out, heading up, or any other similar pruning which involves the removal of live tissue is discouraged. These processes contribute to the onset of insects and diseases.
2.
Deadwooding. This activity is exempt from the requirement to obtain a permit. See definition of deadwood. If uncertain as to whether it is deadwood or not, contact the City’s tree consultant.
3.
Structurally Unsafe Limbs and Branches. Live limbs or branches that do not exceed six inches in circumference and are considered to be unsafe because of decay, rot, cavities, cracks or splitting can be removed without obtaining a tree permit. However, the decision to remove such limbs must be made by the tree consultant. Any remedial actions on limbs larger than six inches in circumference will be subject to City approval. Such request shall include a brief written report from the tree consultant detailing the conditions that exist and any remedial work recommended to correct the situation.
4.
Unbalanced Trees. Trees that are suspected of being physically unbalanced because of broken limbs or which may become unbalanced as a result of the deadwooding process will require a tree report and a tree permit before any work can be performed. The report shall contain an analysis of the problem and a recommendation for whatever remedial work may be necessary to correct the situation.
5.
Pruning Live Tissue (Encroachments). Generally, the removal of live growth must be approved by the Department of Community Development through a tree permit application. However, a property owner may remove limited live tissue when the limbs do not exceed six inches in circumference without obtaining a tree permit. No live tissue (roots or limbs) exceeding six inches in circumference can be removed, regardless of the reason, without first obtaining a tree permit. All pruning work shall follow proper arboriculture practices as approved by the City’s tree consultant. All diseased, dead or improperly pruned limbs shall be removed from each tree.
6.
Fire Damaged Trees.
a.
Although fire is considered a serious threat to oak/walnut trees, many trees can survive several damaging fires. During their life span they can continue to provide wildlife enhancement, watershed protection, physical and aesthetic value to the community.
b.
Some trees may begin to exhibit visible signs of rejuvenation within a few weeks of a fire. It is desirable to postpone the cutting of heavily charred trees for at least two to three years. 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. Burned trees shall be assessed and rated either A, B, C, D or F immediately after the fire and again one year later. Subsequent inspections may also be required before deciding on a specific course of action.
c.
Policy. Therefore, it is the policy of the City of Walnut to require a complete tree report on any and all trees that have been fire-damaged before any work can be permitted.
d.
In preparing this report, the tree consultants may assess the extent of the damage using visual or other techniques as necessary. If the removal of any live tissue is so indicated, an exception may be made to prune the tree in such a manner so as to permit the regeneration process to proceed unhindered by dead or unhealthy limbs. When cases such as these occur, the applicant’s tree preservation consultant will recommend a program in the tree report to address the problem.
7.
Diseased Trees—Pests and Insects. Generally speaking, our native oak/walnut trees are a hardy species. However, there are a variety of diseases and pests that can severely affect trees that are in a state of general decline. This may create a safety hazard. Since the entire subject of diseases, pests and insects is a highly technical matter, no diseased tissue may be removed, unless it is unsafe, without submitting a tree report and obtaining a tree permit.
8.
Roots.
a.
All roots one inch or larger shall be treated as in paragraph 5 of this subsection. Where structural footings are required and roots will be impacted, the footings shall be bridged and the roots protected. Cover all such roots with two to four inches of styrofoam matting prior to pouring the footing.
b.
Finally, all trees that have suffered root damage shall be fed nutrients to encourage new growth. The applicant’s tree consultant shall make recommendations as to the proper time of year and type of fertilizer and its application method to the City before proceeding with a nutrient fertilization program.
9.
Cavities. All cavities must be cleaned out of loose debris. Some cavities must be cleaned out to remove all decayed wood while protecting live tissue from injury, provide for proper drainage and allow for new growth, as determined by the City’s tree consultant. Concrete or other similar materials shall not be used to seal or fill cavities. Screening shall be applied over remaining cavities to prevent debris buildup.
10.
Tree Removals. Unless otherwise expressly approved in writing, authorized removal of trees shall be accomplished using the following guidelines:
a.
All portions of the tree shall be completely removed from the site and debris relocated to a permitted refuse disposal site. Additionally, the stump must be completely removed and the hole or indentation filled with soil.
b.
All tree wells that were created to preserve the tree shall be completely filled with soil to the satisfaction of the City Engineer and building official.
11.
Tree Replacements.
a.
Replacement trees shall be planted in accordance with the procedure established in Section 6.52.320 of these guidelines. To avoid species-specific dieback, replacement trees shall not be planted in the exact location as a removed tree.
b.
Unless waived by the tree permit, a refundable security deposit in an amount equal to the cost of the replacement trees shall be deposited in trust with the City of Walnut to guarantee the implementation of paragraph (a) above. The deposit will be refunded upon satisfactory completion of these conditions. The dollar deposit shall be determined by using the International Society of Arboriculture method of determination.
c.
A signed acceptance of the conditions of the tree permit for removal shall be executed by the applicant or his or her representative and the refundable security deposit shall be made prior to the issuance of the tree permit.
C.
Phases of Construction. 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 the Department of Community Development, are expected to be completed for all residential, commercial and industrial projects.
1.
Pre-Construction Phase. This period is defined at the time between the approval of a development permit and the issuance of a grading permit. No work of any kind may occur on an approved project unless a stage grading permit, grading permit or tree permit has been obtained from the City of Walnut. A grading plan for parcels with trees on the property will not be approved until the tree consultant has reviewed and approved the grading plan. Generally speaking, the following activities will occur before the commencement of grading operations.
2.
Pre-Construction Conference. During the conduct of this meeting, representatives from the Department of Community Development and public works will address various issues related to any trees on the project site. These issues include, but shall not be limited to, the following matters:
a.
Fencing Plan. The applicant or his or her representatives shall bring a copy of the fencing plan to the pre-construction meeting. Using the approved grading plan or the site plan, the fencing plan should be designed along the following guidelines:
b.
A minimum five-foot high chain link fence in concrete footings with posts installed every eight feet and two feet deep into natural grade will be required to be installed at the outermost edge of the protected zone of each tree or groups of trees. Exceptions to this policy may occur in cases where trees are located on slopes that will not be grubbed or graded, or are located on future phases where there is no activity planned or no currently approved grading plan. The fences must be installed in accordance with the approved fencing plan prior to the commencement of any grading operations. The applicant’s superintendent will be responsible to call the Department of Community Development for an inspection and approval of the fencing prior to the beginning of the grubbing or grading operations.
c.
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 feet by two feet square and must contain the following language:
WARNING |
THIS FENCE IS FOR THE PROTECTION OF THIS TREE AND SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE CITY OF WALNUT COMMUNITY DEVELOPMENT DEPARTMENT |
On a grove of trees, signs shall be placed at approximately 50-foot intervals around the grove.
d.
Once approval has been obtained, the fences shall remain in place throughout the entire construction period and may not be removed without obtaining written authorization from the Department of Community Development.
3.
Grading Operations Phase.
a.
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.
b.
For purposes of this section, each phase is considered separate and the conditions associated with each phase will be required to be completed at the start or during the operations of each phase. The inspector from the Department of Community Development will make that determination in the field.
c.
In addition to the normal grading operations conducted during this phase, the applicant will be required to complete or satisfy the following tasks:
4.
On Site-Documentation. The following information must be located and permanently retained on the construction site at the start of grading operations. The superintendent will be required to call the Department of Community Development to request an inspection and to verify that the following information is provided on site:
a.
Tree permit all proposed modifications;
b.
Tree location map;
c.
Tree fencing plan;
d.
Approved grading plans approved by the City Engineer and tree consultant. Stamped set approved by the Community Development Department ;
e.
Permit and tract conditions: a copy of the approved permit and tract conditions, and all current and future modifications approved by the Community Development Department;
f.
Tree inspection card;
g.
Tree ordinance;
h.
Tree preservation guidelines;
i.
Approved planting and irrigation drawings.
5.
Tree Removals, Deadwooding, Pruning, Pest Control, Feeding, Fertilization. Unless otherwise approved, the applicant is required to complete tree removals, pest control, and fertilization, as approved by the tree permit for the entire project of the phase that is currently being graded. Dead wooding or pruning is to be accomplished after the construction phase of the project, unless otherwise approved.
6.
Retaining Walls Within the Protected Zone. In cases where a tree permit has been approved for the construction of retaining walls within the protected zone of the tree, the applicant will be required to complete these improvements before completion of grading operations and before commencements of the construction phase.
7.
Tree Preservation Devices.
a.
If required by the tree report and the tree permit, preservation devices such as air ventilation systems, 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.
b.
These devices must be installed under the direct supervision of the applicant’s oak tree preservation consultant who will be responsible to write a letter certifying all such work and submit it to the Department of Community Development.
8.
Utility Trenching-Pathway Plan.
a.
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 applicant will be required to submit a utility trenching-pathway plan to the Planning Commission for review and approval. The plan shall use the best alternative to trenching within the tree’s protected zone. The plan will depict all of the following systems: storm drains, sub-drains, sewers, easements, area drains, gas lines, electrical service, cable TV, water mains, irrigation mainlines, and any other underground installations.
b.
Additionally, the plan must show all lateral lines serving the residences. To be completely effective, the plan must include the surveyed locations of all trees on the project as well as an accurate plotting of the protected zone.
c.
The plan should be developed considering the following general guidelines:
i.
All systems in this paragraph 8, shall avoid going into the protected zone of any tree.
ii.
Where it is not possible to avoid some encroachment, the design shall minimize the extent of such encroachment and a report of these encroachments and mitigation measures will be made in a supplemental tree report.
9.
Parking Lots and Pedestrian Walkway Improvement Location.
a.
Since the City’s policy is to preserve all healthy trees unless justifying the removal, cutting or relocating of a tree, architects should design their projects with these requirements in mind. Therefore, for public safety reasons, parking lots and pedestrian walkways must be designed so that no unhealthy trees are proposed to remain in high vehicular and pedestrian areas. Trees whose ratings are confirmed to be a "D" or less should be avoided in pre-design or proposed for removal unless it is felt that major surgery coupled with a fertilizer program will restore the tree to a safe and vigorous condition.
b.
To the extent possible, parking spaces should not be located directly under the canopy of trees. When this is not possible, pervious paving material shall be employed to the satisfaction of the Planning Commission. The applicant’s licensed engineer will be required to certify that such work was accomplished under his or her personal supervision and in accordance with the approved plans.
10.
Cut and Fill Slopes. In general, every effort should be made to avoid cut and/or fill slopes within the protected zone of any tree. Where fill slopes are proposed, the tree report must include a soils report indicating whether or not it will be necessary to cut and recompact the area prior to moving the fill material into position because this procedure will probably result in the death of the tree.
11.
Construction Phase. This period is defined as the time during which building improvements are under construction.
12.
Ground Plans Improvements. The following improvements may be permitted to be installed within the protected zone of a tree subject to the approval of a tree permit approved by the Planning Commission and the limitations and guidelines contained in this section: patio covers, wood decks, garden walls, fences, gazebos and other similar improvements. The guidelines and limitations are as follows:
a.
A tree permit shall be submitted and approved by the Planning Commission.
b.
Trenching within the protected zone of a tree may be conducted with hand tools only.
c.
All of the work shall be conducted in the presence of a tree preservation consultant, subject to verification by the City’s tree consultant.
d.
Minor roots under one inch in diameter may be cut but must be treated with an approved compound before the improvements are installed.
e.
Roots over one inch in diameter may only be cut with City approval.
f.
All root pruning shall consist of clean cuts at a 45 degree angle with the cut surface facing downward.
13.
Fine Grading Permit (Tree Lots Only). On most tracts, the drainage patterns for the lots will have been designed into the original grading plan; however, this is not the case with custom lots and custom lot tracts. Therefore, in an effort to avoid establishing drainage patterns that intrude into the protected zone of the 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 Community Development Department before any fine grading work may begin. The landscape architect or engineer shall design a pattern what will completely avoid the protected zone utilizing surface and/or subsurface drainage devices. Additionally, the tree consultant will be required to submit a supplemental tree report to the Department of Community Development for review and approval prior to fine grading the lot.
Following approval of the plan and the completion of the work, the tree consultant will submit a letter within 10 working days of certification to the Department of Community Development.
b.
Other Lots and Projects. On all other projects, grading plans will be designed at the outset to avoid the protected zone of the trees. The procedure for these lots will be as described in custom lots, above.
14.
Post Construction Phase. This period is defined as the time following the completion of all building improvements. In residential projects, 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 prior to Community Development Department approval.
15.
Certification of Oak/Walnut Tree Work. On all lots containing trees, the inspector from the Department of Community Development will require that all of the tree work required by the conditions of the development permit, the tree report and the tree permit, as applicable, have been completed and certified by the applicant’s tree preservation consultant prior to Community Development Department approval.
16.
Oak/Walnut Tree Information Packet. In cooperation with the sales agent, the applicant will be required to provide and certify that a tree information packet, as approved by the Director, 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/walnut trees—Care and maintenance;
b.
Oak/Walnut Tree Ordinance;
c.
Oak/walnut tree preservation guidelines;
d.
Development permit: copy of the City-approved conditions of approval of the tree permit;
e.
Certification of receipt of the oak/walnut tree information packet will be accomplished as follows:
Applicant/sales agent shall prepare a letter introducing the packet. The letter and the packet shall then be sent by certified mail to the property owner. The applicant shall forward a copy of the letter and a signed copy of the return receipt card to the Department of Community Development where it will be recorded and stored. |
§ 6.52.350 Reimbursement.
The City’s tree consultant or the Director’s designee shall review the information submitted with the oak or walnut tree permit request and make appropriate recommendations and site inspections. All consultant and/or staff time costs expended in connection with such review, including, but not limited to, review of submitted reports, plans, meetings, site inspections, and monitoring shall be billed on an hourly basis and reimbursed by the applicant when the cost of services exceeds the cost covered by the permit fee. Nothing in this article shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. Except as provided in this code, any person who feels a tree located on property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on-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.
§ 6.52.360 Enforcement.
A.
General. The Department of Community Development, through its code enforcement officers, shall vigorously enforce the provisions of the oak tree ordinance and the oak tree preservation guidelines contained within this article. Additionally, inspectors from 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.
B.
Any person who owns and/or cuts, damages, moves or removes any oak or walnut tree within the City, unlawfully encroaches into the protected zone of an oak or walnut tree or who fails to comply with conditions of approval or pay required fees or does any other act in violation of this article or a permit issued pursuant hereto shall be guilty of a misdemeanor.
C.
In addition to the penalty described in subsection A of this section, the Director may suspend a tree permit or building permit if he or she determines that the permittee or owner of the real property which is the subject of the permit, or one or more of their agents, has violated a condition of approval of a tree permit issued pursuant hereto or has violated any provision of this oak and walnut tree preservation article. The Director’s determination to suspend a permit shall be subject to appeal as provided in this code.
D.
Stop Work Orders. Whenever any construction or work is being performed contrary to the provisions of this article, 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 tree consultant.
E.
Additional Remedies. Any person who cuts, damages, moves or removes any oak/walnut tree within the City or encroaches into the drip line of a tree in violation of this article shall be subject to the following remedies in addition to any penalties provided by the municipal code:
F.
Restitution.
1.
It has been determined that the oak/walnut trees within the City are valuable assets to the citizens of this community and to the citizens of the State of California and as a result of the loss or damage to any of these trees, the public should be recompensed.
2.
Any person violating the provisions of this chapter shall be responsible for proper restitution and may be required to replace the tree(s) so removed or damaged. Replacement shall be made based on the value or the actual replacement cost, whichever is higher, plus the cost of planting the replacement trees. The number, size and location of said equivalent replacement trees shall be determined by the Director.
3.
The value shall be established as provided in the tree valuation formula, as prepared by the International Society of Arboriculture "Guide to Establishing Values for Trees and Shrubs."
§ 6.52.370 Additional permit.
Notwithstanding any action taken pursuant to this code, whenever the Director determines that any person has without a permit conducted activities prohibited by this article, the Director may require such person to obtain an oak or walnut tree permit pursuant to this code.