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Applicability. The “Model Water Efficient Landscape Ordinance” of the State of California, as contained in Cal. Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, §§ 490 et seq., is hereby adopted by reference as the water efficient landscape ordinance of the City of Antioch, as the same may be amended from time to time, as if set out in full in this chapter.
(Ord. 2162-C-S, passed 3-12-19)
ARTICLE 11: SITE OBSTRUCTIONS AT INTERSECTIONS
No structure, vehicle, trailer, wall, fence, hedge or vegetation greater than three feet in height shall be permitted within a clear vision zone, with the exception of tree canopies featuring branches no lower than eight feet above the edge of pavement (see Figure 4). Clear vision zones at uncontrolled, non-signalized intersections shall be located within a triangular area bounded by the curb lines and a diagonal line joining points on the curblines located 50 feet back from what would be the point of these curblines' intersection. At controlled signalized intersections a triangle having 25 foot tangents at the curblines shall apply. For driveways a similar clear vision triangle shall be utilized featuring 25 foot tangents at the outside line of the driveway and the curbline (see Figure 5). These provisions shall not apply to existing public utility poles, traffic signs and signals, or corners where the contour of the land itself prevents visibility.
FIGURE 4 AND FIGURE 5
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 928-C-S, passed 11-26-96) Penalty, see § 9-5.2904
ARTICLE 12: TREE PRESERVATION AND REGULATION
(A) Within the city there exists many native and non-native trees that greatly add to the aesthetic quality of the city. The older parts of the city adjacent to the San Joaquin River contain several horticultural trees planted by early settlers that have since become landmarks. In addition, recent annexations have added areas of oak woodland worthy of protection.
(B) The city recognizes that the retention of existing trees enhance the built environment, thus beautifying the community and benefiting the city with increased property values. It is the intent of this chapter to regulate the removal of trees, with the goal of retaining as many trees as possible while recognizing individuals' property rights.
(Ord. 897-C-S, passed 10-25-94)
(A) Permit or development application. Except as provided below, it is unlawful to destroy or remove any established tree on any property within the city without either:
(1) Obtaining a tree removal permit from the Department of Parks, Leisure and Community Services; or
(2) Receiving approval to remove such trees as part of the regular development application process.
(B) Penalty. A person who either removes or destroys an established tree prior to obtaining the required permits and/or approvals, or deliberately damages an established tree so that its removal is then necessitated for public safety, is subject to the penalties of this chapter and code.
(C) Exceptions. The following trees may be removed without either a tree removal permit and/or regular development application:
(1) If the condition of any tree presents an immediate hazard to life and/or property its removal may be authorized by the City Engineer.
(2) Other than for protected trees as defined by this article, trees on developed residential properties may be removed without a permit.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904
(A) It is the purpose of this section to regulate the removal of protected trees on developed property, when such removal is not associated with a regular development application.
(B) Such requests are typically related to routine maintenance and/or re-landscaping.
(1) Application required. An application shall be made in writing on a form furnished by the Department of Parks, Leisure and Community Services and shall be accompanied by the following information:
(a) A sketch showing the location(s), size (in diameter and approximate height), and species of tree(s).
(b) The applicant and/or property owner's name, address and telephone number.
(c) The name of the company or individual designated to remove the tree(s), their address, phone number (and business license number if applicable).
(2) Decision regarding permit application.
(a) Time of decision. The Department of Parks, Leisure and Community Services shall render a decision regarding the permit application within 10 working days after filing of a complete application.
(b) Criteria. In deciding whether to issue a permit, the Department of Parks, Leisure and Community Services shall consider the following criteria:
1. The condition of the tree(s) with respect to its health, proximity to existing structure(s), and the likelihood of future damage to said structure(s) and nearby utilities should the tree(s) not be removed.
2. The necessity to remove the tree(s) for reasonable use and/or enjoyment of the property.
3. The aesthetic impacts of tree removal in relation to the size and species of the subject and nearby tree(s). Typically the city will encourage the preservation of uniform street tree patterns where such patterns have long been estab-lished.
(3) Requirement for street tree replace-ment. In allowing for the removal of a street tree, the Department of Parks, Leisure and Community Services will require that a replacement street tree be planted. The property owner may select the species of the replacement tree, with tree selection subject to city approval.
(4) Special concern for landmark trees. Applications to remove landmark trees as defined by this section will require the mailed noticing of said application to all adjacent property owners. Decisions on landmark trees are to be made by the tree committee, which shall provide a 10 day comment period to allow neighbors to respond to the notice.
(5) Appeal. A person aggrieved or affected by the decision of the Department of Parks, Leisure and Community Services may ask that the city's standing Tree Committee, as defined by this chapter, review the permit applications. Should the Tree Committee not grant the permission to remove the tree(s), a further appeal may be filed with the Board of Administrative Appeals pursuant to § 1-4.01 of this code.
(Ord. 897-C-S, passed 10-25-94)
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