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HomeMy WebLinkAbout2005-02-08 - AGENDA REPORTS - OAK TREE ORD REVISION (2)Agenda Item: — I I CITY OF SANTA CLARITA AGENDA REPORT CONTINUED PUBLIC HEARING City Manager Approval: Item to be presented by: David Peterson DATE: February 8, 2005 SUBJECT: OAK TREE ORDINANCE REVISION PROCESS DEPARTMENT: Field Services RECOMMENDED ACTION City Council conduct continued public hearing, receive staff s presentation and public testimony, and close public hearing. Introduce an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PERTAINING TO OAK TREE PRESERVATION," and schedule the ordinance for a second reading on February 22, 2005. BACKGROUND In a joint study session between the City Council and the Planning Commission on May 4, 2004, staff was directed to investigate and make revisions to the Oak Tree Ordinance as it relates to residents within the City. Specifically, staff was directed to make the process residents undergo to receive an oak tree permit less cumbersome. Using the information gathered from two public meetings and an online survey, staff created a draft set of revisions to the Oak Tree Ordinance. The proposed revisions included: • Waiving the pruning permit fee for a resident to prune an oak tree on their property so long as they use a certified arborist approved by the City of Santa Clarita; • Encroachment permits for residents would be split into "major" and "minor" depending on the degree and nature of the encroachment into the tree's protected zone. "Minor" encroachments would be at the discretion of the City Arborist / Oak Tree Specialist; • Increase the number of oaks the Planning Director can authorize for removal from three to five on a resident's property; • Implement an enhanced mitigation schedule for any oak tree on a resident's property that Ordinance passed to Second reading is removed based on its size and value; • Implement a reforestation program to encourage residents to plant oak trees; • Increase the defined minimum size of an oak tree from 2" to 8" in diameter on a resident's property. • Remove scrub oaks from the list of species covered by the ordinance. Staff presented these draft revisions at a Study Session of the Planning Commission held on September 21, 2004. At that time, the Planning Commission directed staff to create a set of recommended revisions that were less restrictive than those presented (above). The Commission indicated that: • Pruning permits should be waived for all residents; • Encroachment permits should be waived for all residents; • As many as five non -heritage oaks should be able to be removed from a resident's property without a permit over a five-year period. These revisions were brought before the Planning Commission at their regular meeting on October 19, 2004 and were approved by the Commission at that time. The revisions were then brought before the City Council at their regular meeting on November 23, 2004 along with the revisions to the Unified Development Code (UDC) being presented by the Planning Division of the Department of Planning and Economic Development. Because the City Council had several questions regarding the recommended language, specifically regarding the removal of oak trees, staff was directed to split the oak tree revision process from the overall UDC revision process for purposes of discussion and return with the item at the regular meeting of the City Council on February 8, 2005. Staff recommends the City Council adopt the recommended language originally proposed to the Planning Commission in September, 2004. ALTERNATIVES L Adopt recommendations approved by the Planning Commission at their regular meeting on September 21, 2004; 2. Adopt recommendations approved by the Planning Commission at their regular meeting on September 21, 2004 but reduce the number of non -heritage sized oak trees that can be removed without a permit from five to two over a five-year period. 3. Other action as determined by the City Council. FISCAL IMPACT Anticipated minor decrease in revenue resulting from waived or lowered permit fees. ATTACHMENTS Ordinance