HomeMy WebLinkAboutTC Ord 1996-03-20
ORDINANCE NO. 419 N.S.
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AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TmURON
AMENDING CHAPTER 15A OF
THE TmURON MUNICIPAL CODE (TREES)
Section 1.
Findin2S.
WHEREAS, the Planning Commission held public hearings on October 25 and November
8, 1995, and held further discussions on January 24 and February 28, 1996, and has received
public testimony on this matter and has recommended amendments to Chapter 15A; and
WHEREAS, the Town Council has held public hearings on December 11, 1995, January
3, 1996, March 6, 1996, and March 20, 1996, and has received public testimony on this matter;
and
WHEREAS, all notices and procedures required by law attendant to the adoption of this
Ordinance have been followed; and
,
WHEREAS, the Planning Commission and Town Council have found that the proposed
Town Code revision is consistent with the goals and policies of the Tiburon General Plan and
other ordinances and regulations; and
WHEREAS, the Town Council has found that the project is categorically exempt from the
requirements ofCEQA per Section I53GS of the CEQA Guidelines.
Section 2.
Chanter 15A of the Tiburon Municinal Code Amended.
Chapter 15A of the Tiburon Municipal Code is hereby amended as follows (amended text
is in italics and underlined):
(A) Policy No. 1 of Section I5A-I is amended to read as follows:
Policy #1: The Town recognizes the scenic importance, shade-creating. and
privacy-creating benefits of trees to the community. The Town also recognizes
that trees can provide soil stability, noise butTering, and wind protection benefits,
andean help prevent erosion and debris flow landslides on the hilly terrain which
characterizes most ofTiburon. The Town of Tiburon greatly values its trees for
their ecological importance, visual enhancement of the community, and their
contribution to residential privacy and quietness.
Town ofTiburon Ordinance No. 419 N.S.
Adopted 3/20/96
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(D)
(B)
Policy #2 of Section 15A-l is revised to read as follows:
Policy #2: The Town recognizes the special significance of "protected trees"
(heritage trees, oak trees, and dedicated trees), and values the contribution which
such trees make to the beauty and quality of life of Tiburon. Anv tree (including
an "undesirable tree") which has attained the size of tnlnk to qualify as a
"heritage tree". as defined herein. will be provided the permit protection
afforded bv this chapter.
(C) The definition of "alteration" in Section I5A-2 is amended to read as follows:
"Alteration" means any action which would significantly damage the health or
appearance of any tree, whether by:
1. Cutting of its trunk or branches;
2. Filling or surfacing or changing the drainage of the soil within the drip-line
of the tree; or
3. Performing other damaging acts.
This definition does not include routine pruning and shaping, removal of dead wood, or
other maintenance of a tree (including a protected tree) to improve its health, facilitate its
growth or maintain its configuration to protect an existing view.
The definition of "undesirable tree" in Section I5A-2 is amended to read as follows:
"Undesirable tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey
Cypress, Coast Redwood, or any other tree which generally grows more than 3
feet per year in height and is capable of reaching a height of over 35 feet at
maturity. An "undesirable tree" constitutes a "protected tree" if it meets the
criteria set forth in that definition.
Information on tree heights and growth rates shall.be determined using a recent
edition of the Sunset Western Garden Book. If the required infornlation is not
available in the Western Garden Book. then other sources may be substituted in
the reasonable discretion of the Town.
(E) The final paragraph of Section I5A-5 is amended to read as follows:
The Planning Director may require additional information to secure the purposes
of this Chapter, including a report by a certified arborist satisfactory to the Town,
Town of Tiburon Ordinance No. 419 N.S.
Adopted 3/20/96
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and/or a tree inventory of the subiect property. when reasonably necessary to
make a final determination. The cost of any such report or additional information
shall be responsibility of the applicant.
(F)
The first paragraph of Section 15A-6 is amended to read as follows:
Once the Planning Director determines that the application is complete, he should
cause to be mailed "courtesy" notices to all owners of property, as listed on the
available County Assessment rolls, within 300 feet of the subject property, and to
residents and other parties. including homeowners associations. which in the
discretion of the Director, may be significantly affected. The notice should briefly
describe the proposed work to be performed. Courtesy notices should be mailed
at least ten (10) days prior to a decision by the Director.
(G)
The first paragraph of Section I5A-7 is amended to read as follows:
The Planning Director may issue the permit upon finding that it would be
consistent with the purposes, policies, and regulations set forth in this Chapter.
The Planning Director shall have the discretion to refer any application to the
Design Review Board for hearing and action. and the Board shall have all
authority and discretion of the Planning Director. as set forth in this Chapter. in
acting on applications.
Section 3.
Seoarabilitv.
Should any part or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this
Ordinance as a whole, or any part thereof except that part or provision so declared invalid or
unconstitutional.
Section 4.
Effective Date.
This Ordinance is to take effect and be in force at the expiration of thirty (30) days from
and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or
its legally required equivalent, shall be published with the names of the members voting for and
against the same at least once in a newspaper of general circulation published in the Town of
Tiburon.
Town of Tiburon Ordinance No. 419 N.S.
Adopted 3/20/96
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on March 20, 1996, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
DIANE L. CRANE, TOWN CLERK
Town of Tiburon Ordinance No. 419 N.S.
Hennessy, Ginalski, Thompson, Thayer,
Wolf
None
None
~'02t w/(
CKY WOL , MAYOR
TOWN OF TillURON
\scott \tree rev .ord
Adopted 3/20/96
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