ordinance amending municipal code sections 12.28.060 07-02-13.pdf

7/28/2019 Ordinance amending Municipal Code Sections 12.28.060 07-02-13.pdf

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Agenda Item Summary

Meeting Date: July 2, 2013Prepared by: Mike Branson

Name: Consideration of an ordinance amending Municipal Code Sections 12.28.060,12.28.180, 12.28.350, 17.48.060 and 17.48.080 on tree removal permitrequirements (first reading).Description: The City's Municipal Code contains tree replacement and removal permitrequirements. To enhance compliance, the following amendments are proposed:

I) requires the applicant to include a specific replanting map with an application;2) requires the tree(s) to be replanted within a specified period of time; (3)requires a tree identification tag, which must remain on the tree for five years; (4)establishes annual City inspections of the replanted tree(s) and (5) requires a newtree of comparable size to be replanted in the same location if the originalreplacement tree should not survive or be removed during the five yearmonitoring period.

Overall Cost: City staff will be required to annually inspect the trees planted as a result of theproposed amendments. There will also be a minimal cost associated with thecreation of tree tags. There is no change in the permit fee proposed at this time.

Recommendation: Adopt the attached ordinance (first reading).ImportantConsiderations: The Forest and Beach Commission and the Planning Commission have

approved the proposed revisions. The amendments reflect comments made byCouncil during its June 4, 2013 meeting.Decision Record: N/A

Reviewed by:9 'J slf11 C" Ad ..son tl we , 1ty mm1strator Date


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TO: MAYOR JASON BURNETT AND CITY COUNCILMEMBERSFROM: SHARON FRIEDRICHSEN, PUBLIC SERVICES DIRECTORMIKE BRANSON, CITY FORESTERTHRU: JASON STILWELL, CITY ADMINISTRATORDATE: 2 JULY 2013SUBJECT: CONSIDERATION OF AN ORDINANCE (FIRST READING) AMENDINGMUNICIPAL CODE SECTIONS 12.28.060, 12.28.180, 12.28.350, 17.48.060AND 17.48.080 ON TREE REMOVAL PERMIT REQUIREMENTS

RECOMMENDED ACTIONRecommend that the City Council adopt the first reading of the attached ordinance.BACKGROUND & PROJECT DESCRIPTIONOn June 4, 2013, City Council considered the first reading of an ordinance to amend sections ofthe City's Municipal Code pertaining to replacement trees that are required as a condition ofapproval for a development project or required through the issuance of a City tree removalpermit. As a result of this discussion, staff have made changes, reflected in bold, to reflect thedirection given by Council.The proposed amendments, include:1. Require the applicant to include a replanting map with an application that identifies allthe trees on the site, the tree(s) to be removed and the location(s) of the replacementtree(s);

2. Requires the tree(s) to be replanted within a specified period of time (30 days of treeremoval or before final inspection if a construction permit);3. Requires a tree tag be provided with a permit and remain attached to the tree until the fiveyear inspection period has expired;4. Requires the City to inspect the replacement trees annually on or around October; and,5. Requires the person requesting the permit to pay the cost of obtaining and planting thereplacement tree(s) (change in code from "may" be required to pay to "will" be required

to pay).6. Requires a new replacement tree of comparable size to be replanted in the samelocation as the original replacement tree if the replacement tree should not surviveor be removed during the five-year inspection period and restarts the five-yearinspection period for the replanted tree.

The proposed amendments mainly focus on ways to identify and monitor replacement treesrequired as a condition of development or upon obtaining a tree removal permit. However, thereare other sections within the Municipal Code that: (1) establish conditions to safeguard trees

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during construction, demolition or tree removal and (2) enforce penalties if the removal of trees,pruning or root removal occurred without a permit. Such penalties include citation as amisdemeanor and associated fines; monetary contributions for the value of lost trees to areforestation account and the suspension ofpermits granted for construction and demolishment.

In accordance with City Municipal Code Section 17.62.030 that "all proposed actions to adoptor amend planning documents shall be presented to the Planning Commission for review" priorto being forwarded to the City Council, the Planning Commission reviewed the proposedamendments during its May 8, 2013 meeting and approved the proposed amendments. It shouldbe noted that revisions to Title 17 of the Municipal Code constitute a change to the City's LocalCoastal Plan and will need to be approved by the Coastal Commission after adoption by the CityCouncil.FISCAL IMP ACTCity staff will be required to annually inspect the trees planted as a result of the proposedamendments. There will also be a minimal cost associated with the creation of tree tags, whichwill be produced in English and Spanish. There is no change in the permit fee proposed at thistime.SUMMARYPlanting and retention of new trees is an important part of urban forest management. Trees onprivate property comprise nearly two thirds of Carmel's urban forest. Unless this portioncontinues to be restocked, as trees are lost there will be a significant decline in the overallcharacter and makeup of the urban forest. Revising the tree ordinances is an effort to keep theurban forest a vital and defining characteristic of Carmel-by-the-Sea and relates to City's goalsand objective of Community Character. It also reflects the implementation of the City's ForestManagement Plan.ATTACHMENTOrdinance (1st reading)

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CITY OF CARMEL-BY-THE-SEACITY COUNCIL

ORDINANCE NO . 2013-0RDINANCE (1ST READING) AMENDINGSECTIONS 12.28.060, 12.28.180, 12.28.350, 17.48.060 and 17.48.080

OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE

WHEREAS, the City of Carmel-by-the-Sea is a unique community that prides itself in itscommunity character; andWHEREAS, the City has adopted a General Plan and Municipal Code that strive toprotect the village character through clear policies and regulations; andWHEREAS, the City Council finds that it is necessary to maintain the existing urbanforest in order to preserve windbreak protection, abate soil erosion, and enhance the naturalbeauty of the City, and has adopted Chapters 12 and 17 in the interest ofpublic health and safety;and WHEREAS, the purpose of this Ordinance is to amend Sections 12.28.060, 12.28.180,

12 .28.350, 17.48.060 and 17.48.080 for the purpose of safeguarding trees required to be plantedas a condition of tree removal permit approval; andWHEREAS, the proposed ordinance is categorically exempt from CEQA under 15305Minor Alterations in Land Use Limitations.NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEADO ORDAIN AS FOLLOWS:Adopt an ordinance amending Municipal Code 12.28.060, 12.28.180, 12.28.350,17.48.060 and 17.48.080 pertaining to tree removal permit requirements (See Exhibit "A").

Section 1. The People of Carmel-by-the-Sea find that all Recitals/Findings are true and correctand are incorporated herein by reference.Section 2. Severability

A. If any provision of this Ordinance or the application thereof to any person orcircumstance is held invalid, the remainder of the Ordinance, including the application of suchpart or provision to other persons or circumstances, shall not be affected thereby and shallcontinue in full force and effect. To this end, provisions of this Ordinance are severable.B. The City Council hereby declares that it would have passed each section,subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact thatany one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases beheld unconstitutional, invalid or unenforceable.

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Section 3. Publication The City Clerk is directed to publish this Ordinance in the manner and inthe time required by law.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this_ ay of___ 2013 by the following roll call vote:AYES:NOES:ABSENT:

ATTEST:

COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS

HEIDI BURCH, City Clerk

APPROVED,

JASON BURNETT, Mayor

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Exhibit "A"(Changes shown in bold italics and strikethrough)A. AMENDMENT OF SECTION 12.28.060

Section 12.28.060 entitled PERMIT FOR CUTTING TREES AND SHRUBS ONPUBLIC PROPERTY shall be amended and shall become a permanent part of the Carmel-bythe-Sea Municipal Code which reads as follows:

B. Any permit granted under this chapter is nontransferable and shall expire one yearfrom date of issuance. The Director of Forest, Parks and Beach or Forest and BeachCommission may condition a permit on replacement trees being planted at a place, of aspecies and of a size designated by the Director of Forest, Parks and Beach or Forest andBeach Commission. The person requesting the permit may also will be required to paythe cost ofobtaining and planting the replacement trees.

B. AMENDMENT OF SECTION 12.28.180Section 12.28.180 entitled PERMIT FOR REMOVING TREES, PRUNING ORREMOVING ROOTS ON PRIVATE PROPERTY-APPLICATION shall be amended and shallbecome a permanent part of the Carmel-by-the-Sea Municipal Code which reads as follows :Applications for permission to cut or remove a tree or trees under this chapter shall besubmitted to the Director of Forest, Parks and Beach on forms provided by her/him.There shall be a fee for this permit as established by resolution of the City Council. Theapplication shall include a site map identifying all of he trees on the site, the tree(s) tobe removed, and the replacement tree planting location(s). The Forest and BeachCommission may approve or deny the application and require as a condition on which apermit is granted that replacement trees be planted at a place, of a species and of a sizedesignated by the commission on public or private property. The person requesting thepermit may also will be required to pay the cost of obtaining and planting the anyreplacement trees. (Ord. 95-3 1, 1995; Ord. 88-13 2, 1988; Ord. 81-4 5, 1981; Ord.75-10 3, 1975; Ord. 236 C.S . 1, 1971; Code 1975 1232.01).

C. AMENDMENT OF SECTION 12.28.350Section 12.28.350 entitled SAFEGUARDING TREES THAT ARE REQUIRED TO BEPLANTED AS A CONDITION OF TREE REMOVAL PERMIT APPROVAL shall be amended

and become a permanent part of the Carmel-by-the-Sea Municipal Code which reads as follows:A. All trees shall be planted within 30 days oftree removal or before final inspection ifa construction permit. All trees will be identified with a tag provided by the City,

which will remain attached to the tree until the required tumual 5 year inspectionperiod has expired. Trees required to be kept on a building site and trees required tobe planted as a condition of tree-removal permit approval shall be maintainedaccording to accepted arboricultural practices for a minimum of five years from thecompletion of construction or the date that the tree is planted. The City will inspect

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the replacement trees annually on or around each October, with propernotification.B. At no time shall these trees be moved without the issuance of a valid permit.C. If, at any time during a 5 year inspection period, the original replacement tree(s)does not survive or is removed, the original replacement tree(s) shall be replacedwith a new tree(s) that is equivalen t in size to the measured or projected growth o f

the original replacement tree(s). The new replacement tree(s) shall be located in thesame location(s) as the original replacement tree(s) unless granted permission bythe City Forester or Forest and Beach Commission to change the location(s). Thenew replacement tree(s) shall be required to be replanted within 30 days ofinspection, be identified by a tag and will restart a new 5 year inspection period.

(;.D. Nothing contained in this section shall be deemed to replace or revoke anyrequirements for the safeguarding of trees found elsewhere in this municipal code or inthe ordinances and procedures of the City. (Ord. 95-10 1, 1995; Ord. 84-6 1, 1984;Code 1975 1238).

D. AMENDMENT OF SECTION 17.48.060Section 17.48.060 entitled PERMIT APPLICATIONS shall be amended and become a

permanent part of the Carmel-by-the-Sea Municipal Code which reads as follows:D. Conditions of Approval. The City Forester or Forest and Beach Commission maycondition a permit on replacement trees being planted at a place, of a species and of a sizedesignated by the City Forester or Forest and Beach Commission. The person requestingthe permit may also will be required to pay the cost of obtaining and planting thereplacement trees.

E. AMENDMENT OF SECTION 17.48.080Section 17.48.080 entitled TREE REMOVAL AND REPLACEMENT shall be amended

and shall become a permanent part of the Carmel-by-the-Sea Municipal Code which reads asfollows:A. Tree Replacement. When tree replacement is required by this chapter, the followingrequirements apply.

1. Location. Replacement trees shall be planted on-site unless the City Foresterrecommends that replacement trees be located in the public right-of-way or in anadjacent park/open space area. All trees shall be planted within 30 days of treeremoval or before final inspection i f a construction permit. All trees will beidentified with a tag provided by the City, which will remain attached to the treeuntil the required annual 5 year inspection period has expired.2. Tree Quantity. The number of replacement trees required when approving treeremovals shall be based on the size of the lot, as listed in Table 17 48-A, thecharacteristics of the surrounding neighborhood and protection of significant publicviews, scenic routes and corridors. In some areas fewer trees or only lower canopytrees may be most appropriate.

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Table 17.48-A: Recommended Tree DensitiesLot Size (SquareFeet) Upper Canopy Trees Lower Canopy Trees0 - 4,000 3 14,001 - 6,000 4 36,001 - 8,000 5 4Over 8,000 As determined by the Forest and As determined by the Forest

Beach Commission Beach Commission3. Tree Species. Replacement trees shall be the same species as the removed tree oranother species listed on the Tree Species List and as approved by the City Foresterexcept that particular emphasis shall be placed on maintaining a significantpopulation of native Monterey Pine, coast live oaks and Monterey Cypress on a Citywide basis. Replacement Monterey Pine trees shall be oflocal genetic stock.4. Tree Quality. Replacement trees shall be of substantial size, caliper, and height toproduce an immediate visual impact and reduce the incidence of unauthorizedremoval. Replacement trees shall be a minimum 24-inch box size except forMonterey Pines, which shall be a minimum 15-gallon size. Larger sizes may berequired by the Forest and Beach Commission, or the Planning Commission based inspecific design considerations applicable to the project. The City Forester mayauthorize the use of smaller sizes when trees meeting these standards, or meetingspecific conditions of approval, are unavailable.5. Monitoring and Maintenance. Replacement trees shall be recorded and monitoredfor at least five years to ensure their establishment and growth to maturity. The Citywill inspect the replacement trees annually on or around each October, with propernotification, , and may be inspected by the City to ensure adequate maintenance.Replacement trees that do not survive or are removed shall be replaced at the owner'sexpense. (Ord. 2009-07 Att. A, 2009; Ord. 2004-02 1, 2004; Ord. 2004-01 1,2004). If, at any time during a 5 year inspection period, the replacement tree(s)does not survive or is removed, the original replacement tree(s) shall be replacedwith a new tree(s) that is equivalent in size to the measured or projected growth ofthe original replacement tree(s). The new replacement tree(s) shall be located in thesame location(s) as the original replacement tree(s) unless granted permission bythe City Forester or Forest and Beach Commission to change the location(s). Thenew replacement tree(s) shall be required to be replanted within 30 days ofinspection, be identified by a tag and will restart a new 5 year inspection period.

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ordinance amending municipal code sections 12.28.060 07-02-13.pdf

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