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Ordinance Number 248ORDINANCE NO. 248 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO. 115, BY ADDING THERETO SECTION 4.25 PROVIDING FOR THE PROTECTION AND PRESERVATION OF TREES ON PRIVATE AND PUBLIC PROPERTY. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 4.25, consisting of subsections 4.25.1 through T-25-76—inclusive, are hereby added to the provisions of Ordinance No, 115 4.25 PRESERVATION OF TREES ON PRIVATE AND PUBLIC PROPERTY 4.25.1 PURPOSE The City of San Juan Capistrano finds that rapid growth, the spread of development, and increasing demands upon natural resources have eliminated many trees and other forms of vegetation which, if preserved and maintained to the extent possible, constitute important physical, aesthetic, recreational and economic assets to the City. Specifically, the City finds (1) that tree growth protects public health through the absorption of air pollutants and contamination, and through the reduction of mental and physical damage related to noise pollution; (2) that trees and similar vegetation provide for public safety through the prevention of erosion, siltation, and flooding; (3) that trees and similar vegetation are an essential com- ponent of the general welfare of the City of San Juan Capistrano by pro- viding natural beauty, recreational resources, and an irreplaceable natural heritage for existing and future City residents; (4) that the indiscriminate removal of trees tends to lower the quality of environ- ment, interferes with the sound growth and development of the area as a business and residential community, and reduces the identity and visual amenity of the City; and (5) that, notwithstanding the foregoing, pro- perty owners should be entitled to develop their property subject, how- ever, to such reasonable restrictions regarding tree destruction or removal as are required to assure that such development accomodates existing tree growth to the extent reasonably possible. For these reasons, the City of San Juan Capistrano finds that the regulations of tree removal and destruction will aid in the beautification of the City, encourage sound development, raise property values, and promote the health, safety, properity and general welfare of the residents and property owners consistent with the right of an individual to develop private property in a manner which will not be prejudicial to the public interest. 5.2 DEFINITIONS Person - Any individual, partnership, corporation, governmental agency or otliier entity. Tree - Any living woody perennial plant having a trunk diameter greater than three inches (3"), measured at a point three feet (3') above the ground. Tree Inspector - An employee of the City of San Juan Capistrano appointed by the City Manager to administer the pro- visions of this Section 4.25. 4.25.3 COMPLIANCE Unless hereinafter specifically exempted from the provisions of this Section 4.25., no person shall destroy or remove a tree upon any lands within the City of San Juan Capistrano, and no building permit for any construction within said City involving the destruction or removal of any tree shall be issued, until the require- ments hereof have been satisfied. 4.25.4 EXEMPTIONS The following trees are exempted from the provisions of this Section 4.25: A. Those which are growing on property currently in use as a nursery, garden center, tree farm or orchard, and the tree (s) or its produce is being grown for purposes of sale, to in- clude the complete removal of trees in order to utilize the land for the production of upeu spare. 4.25.5 PERMIT A. Any person desiring to destroy or remove any tree not exempted from the requirements of this Section, as hereinabove provided, shall apply to the Tree Inspector for a permit to do so, and no tree destruction or removal shall be permitted until such time as a permit therefore has been issued. The application for a permit shall be on a form prescribed by the Tree Inspector requiring at a minimum, that the applicant indicate, in writing, the name and address of the applicant, owner and tenant, as applicable; the identification and location of any tree sought to be destroyed or removed; and the appli- cant's plan for the accomplishment of such destruction or removal. Every application for a permit shall be accompanied by a fee. The fee shall be as set per Resolution of the City Council. B. Notwithstanding the foregoing fee provisions, any fee paid by an applicant for a permit to remove a dead, diseased or dangerous tree, shall be returned to such applicant upon a finding by the Tree Inspector that such tree is, in fact, dead, diseased or dangerous to life or property. C. In those cases wherein tree destruction or re- moval is desired to be accomplished pursuant to or in conjunction with the approval of a commercial site plan, industrial site plan, residential subdivision map, or grading plan by the Planning Commission, the appli- cant shall, in addition to submitting a permit application to the Tree Inspector, provide on his site plan, subdivision map or grading plan the following information: (1) The location of vegetation to be disturbed'by the proposed operation, on-site and extending to a distance of 100 feet beyond the limits of the site; (2) The number, species, and size of all trees to be disturbed by the pro- posed operation; and (3) The topography of the site, including its natural and altered states. The determination of the Tree Inspector shall thereafter be provided in the form of a recommendation to the Planning Commission in such Commission's consideration of the applicant's site plan, subdivision map or grading plan, and the Planning Commission shal, thereafter approve, conditionally approve or deny such tree destruction or removal permit application, along with its action on said site plan, subdivision map or grading plan. 4.25.6 PERMIT ISSUANCE A. Prior to issuing a permit for tree destruction or removal, the Tree Inspector shall make the following determinations: (1) That any proposed construction cannot accomodate the trees sought to be destroyed or removed; and (2) That the applicant has preserved as many trees as is possible considering all the applicable circumstances. B. In making the determinations required by Section 4.25.6 A hereinablve, the Tree Inspector shall consider the following factors in considering whether to issue a permit for tree destruction or removal: (1) The condition of the tree or trees with 41. respect to disease and general health, and the ability or inability to salvage the same; the danger of falling; and the proximity to existing or proposed structures; (2) The concept that tree preservation and protection shall take precedence over the placement of public utility lines and facilities; (3) The topography of the land, and the effect of the tree destruction or removal on erosion, soil retention, and the diversion or increased flow of surface waters; (4) The effect of tree removal upon pro- perty values in the area and upon the public health, safety, prosperity, beauty and general welfare of the area; (5) The economic factors causing a property owner to seek tree destruction or re- moval; (6) The number of healthy trees that the parcel of land upon such tree is growing will support, and other good horti- cultural practices; (7) The concept that residential living units shall blend into the natural setting of the landscape for the en- hancement of sound, orderly economic growth and development and for the pro- tection of property values in the City; (8) The City's deep interest in the protection and conservation of trees and other irreplaceable natural resources from pollution, impairment or destruction. (9) When the tree is growing within a right- of-way used for electric distribution and/ or transmission lines, and if the exis- tence of the tree creates a violation of any statute or regulation promulgated by any governmental agency, or if the existence of the tree creates a signifi- cant possibility that the continuation of safe, efficient, and reliable electric service to the customers being served may be impaired. 4.25.7 CONDITIONS In granting a permit for tree destruction or removal, the Tree Inspector may attach such reasonable conditions thereto as are required to insure compliance with the intent and purpose of this Section 4.25. Such conditions may include, but shall not be limited to, the replacement of trees with trees of the same or similar size. 4.25.8 APPEALS A. Any decision made by the Tree Inspector may be appealed by the applicant, or by any affected resident or property owner in the City of San Juan Capistrano, to the Planning Commission. A person desiring to appeal such decision shall file a notice of appeal, in writing, with the Secretary of the Planning Commission within ten (10) days after the date of the decision being appealed, stating briefly the grounds of appeal and bearing the signature of the appellant. 4". B. Appeals of the decision of the Planning Com- mission on the issuance or denial of a tree destruction or removal permit may be made to the City Council by filing a notice of appeal with the City Clerk in the manner provided in Section 4.25.8 A here- inabove. 4.25.9 EMERGENCIES In the event of an emergency caused by a hazardous or dangerous tree which condition poses an immediate threat to person or property, any member of the Police or Fire authorities of the City of San Juan Capistrano may authorize the destruction or removal of such tree without securing a permit therefore. 4.25.10 PENALTY Any person who removes or destroys a tree contrary to the provisions of this Section 4.25 is guilty of a misdemeanor and may be subject to the penalties described in Section 12, Ordinance No. 115. SECTION 2. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in a newspaper of general circulation in the City of San Juan Capistrano within fifteen (15) days following the passage thereof. PASSED, APPROVED AND ADOPTED this 3rd day of December, 1973, by the following vote, to wit: AYES: COUNCILMEN: BYRNES, GAMMELL, THORPE, WEATHERS NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: CHERMAK ATTEST: