Ordinance Number 833381
ORDINANCE NO. 833
AMENDING TITLE 9 OF THE MUNICIPAL CODE -
TREE PRESERVATION AND REMOVAL APPLICATIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, CHAPTER 2, SECTION 9-2.309, OF THE MUNICIPAL
CODE, ENTITLED "TREE PRESERVATION AND REMOVAL
APPLICATIONS"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, at their meeting of July 21, 1998, the City Council requested a report
be prepared by staff outlining the current tree removal permit procedures and the criteria that is used
to consider tree preservation policies related to new development applications; and,
WHEREAS, the Planning Services Department has prepared a report for City
Council consideration that outlines the applicable policies of the General Plan, existing provisions
of the Municipal Code and departmental procedures that are implemented to consider tree removal
permit applications along with recommended modifications to the existing regulations; and,
WHEREAS, the City Council has considered the report from the Planning Services
Department at their regular meeting of November 3, 1998, and initiated an amendment study; and,
WHEREAS, the Environmental Administrator has considered the impacts of the
amendment language and determined that it will not result in a significant impact upon the
environment, and has otherwise carried out all other applicable provisions of the California
Environmental Quality Act; and,
WHEREAS, at its meeting of December 8, 1998, the Planning Commission did
conduct a duly -noticed public hearing on the amendment and forwarded a recommendation to the
City Council to certify the issuance of a Negative Declaration and approval of the proposed
amendment; and,
WHEREAS, at its meeting of January 5, 1999, the City Council conducted a duly -
noticed public hearing on the proposed amendment.
SECTION 2. Findines.
Based upon the findings set forth in Section 1 preceding, the following amendments
to the Municipal Code are hereby enacted:
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Section 9-2.309(b)(2) is hereby amended to read as follows:
"Section 9-2.309(b)(2). Removals not associated with new development.
Applications for removal of trees on public or private property which are not associated with new
development projects shall be approved or denied by the Tree Inspector. In the case of very large
trees or other unusual circumstances, the Tree Inspector may refer the tree removal application to
the Planning Commission for review and action. For very large trees or specifically -designated trees
located in the public right-of-way, the Tree Inspector shall conduct a duly -noticed public hearing in
accordance with Section 9-2.313 prior to rendering a decision. However, in all cases where a tree
has a diameter greater than 24 inches measures three (3) feet above the ground, said application shall
be referred to the Planning Commission for review and action. The Tree Inspector may require an
arborist to prepare and submit a report on the health of the specific tree."
2. Section 9-2.309(b)(3) is hereby amended to read as follows:
"Section 9-2.309(b)(3). Removal associated with new development.
Applications for removal of trees on private property which are associated with new development
projects shall be approved or denied by the decision-making body for that project. Said action on
the approval or denial of the tree removals shall be by resolution setting forth specific findings for
said action. Ample information shall be included on the site, grading, or residential concept plan for
the project (including, but not limited to, the location, size, species of all trees proposed for
preservation or removal) prior to project review. In considering development applications where tree
removals are requested, the City may cause to be prepared, a report by an arborculturalist. Such
report shall include, as a minimum, an evaluation on the health of the tree(s), identification of
measures which can be incorporated into project design to preserve said trees, and any recommended
modifications to project design necessary to protect the trees."
Section 9-2.309(c)(11) is hereby added to read as follows:
"The Tree Inspector, in considering the above factors, shall ensure that all
efforts have been taken towards tree preservation, rather than removal."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. Cit} Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
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aforementioned summary and shall post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 19`h day of January, 1999.
JO,kN GREINER, MAYOR
ATTEST:
CITY CLFR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
ASS which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on January 5 , 1999, and adopted at a meeting
held on Janaury 19 , 1999, by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 6212
=,
CHERYL JO ON' ITY CLERK