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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: -1- Q 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 -2- 383 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