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HomeMy WebLinkAboutOrdinance No. 0923t ORDINANCE NO. 923 CITY OF MEDINA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, AMENDING THE MEDINA TREE CODE IN CHAPTER 20.62 ADOPTING NEW PERFORMANCE AND TREE RETENTION REQUIREMENTS; AMENDINGTREE REPLACEMENT REQUIREMENTS; AMENDING THE CITY OF MEDINA LIST OF SUITABLE TREE SPECIES; AND AMENDING CHAPTERS 20.12, 20.70, 20.71, 20.72, AND 20.80 OF THE MEDINA MUNICIPAL CODE FOR CONSISTENCY WITH THE AMENDED MEDINA TREE CODE WHEREAS, the City of Medina is classified as a non -charter code City under Title 35A Revised Code of Washington (RCW); and WHEREAS, Ordinance No. 378, adopted on August 9, 1982, established regulations governing the removal and trimming of trees in the right-of-way; and i WHEREAS, subsequent amendments to Ordinance No. 378 governing trees and vegetation within the City boundaries have been adopted, including Ordinance Nos. 406, 471, 521, 574, 601, 630, 686, 732, 743, 778, 798, 855, 900, and 909; and s; WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance 783, passed March 14 2005 and a WHEREAS, the following Community Design Goals set forth in the Medina Comprehensive Plan provide guidance on the Medina Tree Code; • Goal CD-G1 is to retain Medina's distinctive and informal neighborhood development pattern; and 511 Goal CD-G2 is to maintain the informal, natural appearance of the Medina's street rights -of -way and public areas; and WHEREAS, Community Design Policy CD-P6 states that clear cutting should net be r permitted on property prior to development; and WHEREAS, the City Council discussed the 'Medina Tree Code at a June 12, 2012, special meeting and directed' an effort to update the regulations in two phases, and WHEREAS, the City Council adopted the Phase 1 tree code amendments by approving Ordinance No. 909 on June 9, 2014, which implemented modifications to the code that did not substantially alter the replacement requirements for removing significant trees; and i WHEREAS, during the June 9, 2014, meeting, the City Council authorized for the city manager to move forward on a process to develop Phase 2 tree code amendments; WHEREAS„ the process to develop Phase 2 tree code 'amendments included community notices, execution of a questionnaire, two public workshops, and a community outreach booth during the Medina [lays community event; and Ordinance No. 923 Page 1 of 4 I WHEREAS, the City contracted with The Watershed Company to prepare a City of Medina Tree Canopy ,Assessment, dated August 2014, that provided an inventory of the City' tree canopy and found the tree canopy coverage has declined from an estimated 35.9 percent in 2091 to 31.9 percent in 201`2; and WHEREAS, 240 completed questionnaires were submitted: to the city with the majority t' response indicating property owners wanting to have more choices about how to manage trees on their property; and WHEREAS, the City Council provided policy direction during their September 3, 2014, IV regular meeting that the City would continue to have a tree code and that the focus of the regulations should broaden to include the community's urban forest and sylvan character as a s whole; and WHEREAS, the City Council and the Planning Commission held a joint meeting on September 22, 2014, to discuss policy direction on Phase 2 tree code amendments; and WHEREAS, the Planning Commission at meetings held on October 28, November 12, November 18, and December 02, 2014, and on January 27, February 10, February 24, March r` 12 and March 24, 2015 considered amendments to the Medina Tree Code, and I; WHEREAS, the City Council at meetings held on August 11 and September 9, 2014, and May 4, May 11, June 3 and July 13 2015, discussed and considered amendments to the r Medina Tree Corte, and } WHEREAS, the City has provided extensive public participation opportunities as follows. • Provided a postcard notice sent to all resident addresses within the City limits notifying residents of possible tree code updates including a schedule of public events and information on a short community questionnaire to provide public input on the tree code; { 2014 a community outreach The City. conducted an open house/ workshop on July 15, booth at Medina mays on August 8, 2014, and an Open House/ Town Hall meeting on September 15, 2014 providing the public an opportunity to learn and provide input on possiblechanges to the tree code; • The Planning Commission held nine meetings and a public hearing to consider changes t, to the tree code and accepted public comments during these meetings. The City Council held five meetings and a public hearing to consider changes to the tree code. WHEREAS, pursuant to R W 35.70A.106, a notice of intent to adopt was transmitted to the Washington State Department of Commerce (Material ICE# 21155) on March 30, 15; and WHEREAS„ a State Environmental Policy Act (EP) threshold Determination of Nonsigniicanc (DNS) for the proposal was issued on April 6, 2015„ pursuant to WAC 17-11- 340(2); and Ordinance No. 92 Page of 49 3; S: WHEREAS, after providing notice, the Planning Commission held a public hearing on April 28, 2015, to receive public testimony concerning the proposed code amendments and forwarded a recommendation to the City Council; and WHEREAS, the City Council held a public hearing on June 8, 2015, to receive public testimony concerning the proposed code amendment; and WHEREAS, the City Council makes the following findings of fact in support of its decision; A. A aEPA threshold Determination of Nonsignificance (DNS) was issued on April 6, 2015, determining that the proposed code amendments would not have a probable significant adverse impact on the environment. s S. The City provided appropriate opportunity for the public to participate in the code amendment process. The proposal was initiated by comments received from the public. The Planning Commission and the City Council provided opportunities for the public to comment on the proposed changes. Notice of Planning Commission and j City Council meetings are made available to the public consistent with the City's notification requirements. Public noticing for the planning commission's public hearing was posted on the City's notice boards and by sending electronic notices to interested parties. Notice also was posted on the City's website and a notice of the public hearing was published in a newspaper of general circulation. Notice for the City Council's public hearing was posted on the City's notice boards and the City's website and by sending electronic notices to interested parties C. The City reviewed the proposed code amendments for consistency with the Medina Comprehensive Plan. The amendments do not alter the community design goal to i retain Medina's distinct and informal neighborhood development pattern. They are consistent with the goals and policies of the Medina Comprehensive Plan in that they preserve the community's informal and natural character, and they implement a policy to prevent clear cutting of land. I` t D. The proposed code amendments bear a substantial relation to the public health, safety and welfare. The purpose of the amendments is to preserve the existing t` sylvan appearance through long-term retention and planting of trees that contribute to the natural character of the City. ;The proposed amendments provide a balanced approach in managing trees on private and public property while protecting the public interest in preserving the existing tree coverage. The proposal will create new t performance standards for properties under development and establish simpler restoration standards for removing significant trees on properties not under 21, development. The proposal also establishes policies for removing City Trees and creates a mix of performance and replacement standards for removing trees in the City right-of-way. E The proposed amendments advance the public interest ; of the community by providing a more balanced and holistic approach to managing trees on public and i private property while preserving the existing tree coverage. Page Ordinance No. 92 of 4a I Significant - are those conse uences that involve property damage of mode[gIg_!q_hjgh value considerable disru tion or Dersonal in'ur ° or . Severe are those cone uenes that involve serious ersonal iniury or death darns e to high -value Drogerty, or di re tion of important activitiessuch as a strike on an gggqpjqd house, disru Lion of hi h-volts e distribution and transmission lines or disru tion of arterial traffic or motorwa s "Feasible" means an action such as a develo ment Droiect, miti ation or oreservation re uirement that meets all of the followina criteria: 1`. Can be accom fished with technolc ies and methods that have been used in the past in similar circumstances or studies or; tests that have demonstrated in similar circumstances that such apgroaches are current! available and lckel to achieve the intended results` 2. Provides a reasonable likelihood of achieving its intended purpose; and Does not r)hvsicallv Dreclude achievina the ro'ect's r)rimary intended le al use. Section 3. Amend Section 20.12.080, Section 20.12,080 of the Medina Municipal Code is hereby amended to read: tz.,. r, "C radin " means the movement or redistribution of the soil sand rock ravel sediment or other material on a site in a manner that alters the natural contour of the land, Section 4. Amend Section 20.12.090 Section 20.12.0 0 of the Medina Municipal Code is hereby amended to read: "Hazard tree" means a 'tree designated by the City Arborist as having (( -1-1 )) g_h%qh to 3; extreme risk ((thfeshokk4atino using the International Society of Arborists Tree Risk Assessment (qualification (TIAQt ((' system. A hazard tree must have a ((' fie )) like! or very like! t Y. potential to fail and a target that might sustain injury or damage, Hazard trees are created through a variety of circumstances including human influences, disease, and weather, Section 5. Amend Section 20.12.140 Section 20,12,140 of the Medina Municipal E, Code is hereby amended to read: "Medina tree fund" means a fund established by they city for the financial mitigation for tree removal consistent with Chapter 20,52 M C. The fund is to be used to plant trees on public lands as deemed appropriate by the city manager or designee. In addition the fund may be used to maintain public trees develop a community tree management plan. and to Day costs related to the City Arborit or other consultants' to carry out the Durposes of the Medina Tree Code (Chan ter 20.52 MMQi Y, Ordinance No. 923 Page 5 of 4 Y; 1+ t I Section 10. Amend Section 20.62.020, Section 20,52.020 of the Medina Municipal Cede is hereby amended to read: 20.52.020 Applicability +#the Tree Mann ement Code. A. No person or their representative, directly or indirectly, shall remove or destroy trees located } on Private ro ert or ublic orci art within the jurisdictional boundaries of the city except r as provided for in accordance with this chapter. B. Additional tree ((and -vegetation)) management requirements are set forth in the Medina Shoreline Master Program as provided in MMC 20.6 .OK R Section 11. Repeal Section 20.62.026. Section 20,52.025 of the Medina Municipal Code is hereby repealed: z ((Diagram)) I sborelirte-afea )) 4 Section '12. Amend Section 20.62.030, Section 20.52,030 of the Medina Municipal Code is hereby amended to read. The following are exempt from the requirements in this chapter: A. Trees less than six inches diameter breast hei' ht unless the tree is used to satisf a re uirement of this cha ter° ((A.)). Normal and routine trimming and pruning operations and maintenance of trees and vegetation on private property following the most current ANSI standards, ((B)) Emergency tree removal or hazard pruning for any tree that poses an imminent threat to life or property provided: } 9. The City is notified within seven days after the emergency tree removal or hazard pruning takes place and evidence is provided of the irrlminent threat supporting the '= emergency tree removal; and as 2. If evidence of the imminent threat is not provided, or the director determines the evidence does not warrant an emergency tree removal, the director may require the ((party)) onsible arson to obtain a permit as prescribed by this chapter and require t (( )) compl gnnq with the requirements of this chapter; ((C.)) Trimming ;and pruning operations and maintenance of trees and vegetation following the most current ANSI standards or removal of trees performed by the City or a contractor contracted by the City within a public right-of-way or City -owned parkland; (()) Removal of trees and vegetation management by the City or an agency under contract with the City for purposes of installing and maintaining fire hydrants; water meters, pumping z stations, or similar utilities; or ((E.)) The removal of a dead tree where the director pre -determines that the tree died' from naturally occurring causes. v sOrdinance No. 923 Page 8 of 49 4; iF4 Section 13. Replace Section 20.62.040. Hereby amend Section 20.52.040 of the Medina Municipal Code by replacing "viability" with Section 20.52,040 "Using this chapter to read as follows:of - } . . -this 20.52.040 Using this chapter. This chapter orescribes the re uirements for tree retention and planting on lands under oin develo ment and the re uirernents for removal e�f si nificant trees on orivate and ublic lands. f` Diagram 20.52.040 offers a user's guide that outlines the'cleneral orocess for aWlyinq the rovisions of this cha ter. Dia ram 20.62.040 Tree Code Cit Trees See MMC 2052.400 Is the posel exempt? mpro See MMC 20.52.030 No Is the land under;develo ment? Yes See MMC 20.52.100 Nam# Is a tree being removed? Yes Is a tree bein removed?' o Yes Follow tree retention r aulrements. In MMC 20.5Z 110 & MMC 20.52.120 Is the tree a si nficant species? See MMC 2(}.52.050 & --� Suitable Tree; Species, Llst_. Determine Re aired Tree Units Yes MMC 20.52.130(R} „r Yes Is the tree soecialiv orotected? Determine Net xistin Tree Units -- See MMC 20.52,120 MMC 20.52.1MCI Retain Tree* Determine if suoolemental trees are re aired MMC 20.52.130 Determine Tree Restoration Reouirements See MMC 2._10 Determine tree ermit See MMC 20.52.310 s Determine tree permit See MMC 20.52.310 Submit tree removal & Iantin ' lan See MMC 20.52,320 Demotes no further action re uired Ordinance No. 923 Page 9 of 49 r. e o e « its a a wj y t«: ... f. ether-r 'p'r} rlw t" t` the publ*- 20.62.130 "Minimum oerformance standards for land under deuelo meet. 5: A. The re uirements and iorocedures set forth In this section shall a0DIv to lands that are is desr hated as under develo ment Dursuant to MMC 20.52.100. Ficiure 20.52,130 outlines the primary steDs orescribed bv this section in establishing re' uirements and determiningt; compliance with this cha ter. �j Figure 20.62.130 Tree Performance Process I tY Calculate Required Tree lot Area / 1,000_ Units (Minimum -- v Performance Standard) Multiply by Tree x; ten itv Ratio Determine Existingiv Calculate Net Tree Units Existing Tree Units Subtract Tree Units of Trees Removed 1, Subtract Net Existing Tree Units from Required Tree Units ti. If Difference is Zero if Difference is or Negative Positive No Supplemental Calculate Required Trees Required Supplemental Trees �s B. Lots with land under develo meat shall contain a sufficient number of si nificant trees to meet the minimum re uired tree units established by the following rocedures: t. Ordinance No. 923 Page 17 of 4 t #t t, .._ _. _ 7777 .. i► ---------- Residential rII�, "` . i • • " yy i •81•�0011a• on All • •- - - • • - _ -• -,� -- ..�• .• - + - « ter• - • - 1 Ni m � • •MAN MEMO * • 1 015 -�so _ • WTAIRSK Ems •• •-Ram-s -• • •- -• • b• • a n a If the difference is less than zero round to zero` b, A difference of zero means no re-existingtree unit gap is present° c. If the difference is areater than zero the difference is the re-existingtree unit a ` } 2. To calculate the uanti!of sugplemental trees re mired aoolv the orovisions in MMC 20.52.13 3 first to those supplemental trees replacing an existing significant tree startina in order with the larciest tree to the smallest tree and then if applicable al MMC 20,52.13 i' l to those fillin a re-existin tree unit OM The auantitv of suDDlementat trees is determined b a. Assigning a tree unit to each supplemental tree using Table 20.52,130G , b. Two surmlernental trees shall be re aired for reglacing each existing significant tree havina a diameter breast heiaht of 24-inches and lar er subiect to the limitation in ,F 4 MMC 20.52 130D 3 d and consistent with MMC 20,52.130© these shall be counted first c. The uantit of supplemental trees shall be of a sufficient number that their total i; assi ned tree units added to the net existina tree units shall e ual or exceed the minimum re aired tree units established in MMC 23.2.13 B and d. Supplemental trees in excess of these needed to meet the minimum re aired tree { units shall not be re aired. e. See Dia ram 23.5 ,1 0 for an exam le of calculatinq supplemental trees. Table 20.52.130 t? Su plemental,Tree Unit 1 Purpose of Supplemental Diameter Breast Height cif Tree Unit for Tree Removed Tree Suvolemc ntal "frees R lace n existin s nificsnt 5 inches to less than 24 inches 1':0 tree 24 inches and larger 0.5 Fill a re-existin tree unit a Not licable 1: t k { t L } x kt t �t i S{ t 'r i� r ;S r{ i i 2 ik yr e vh U 3 ii {v "r C 5 1 F t; } l 3' tS r Ordinance No. 92 Page 19<of 4 t r NOR] .............. ROOM ----------- I R-10011111 1 11111 Bpi N land alteration activity, or other similar such activities that might otherwise unnaturally cause the risk rating to increase. C. The following; table is from the International Society of ArboristsTRAQ method and denotes the Risk Rating Matrix used to assess levels of tree risk as a combination of likelihood of a tree failing and impacting a specified target, and the severity of the associated ?_ consequences should the tree or any part of the tree fail: •; Table 20 62.200 Tree Risk Ratln Matrix Likelihood of Conse uences Failure or Irn act Ne it Ille Minor S1 niftcant Severe er Liel Low Risk Moderate Risk Nr h Rtsk Extreme Risk Likel Low Risk Moderate Risk / h Risk r Risk v" Somewhat likely Low Risk Low Risk Moderate Risk Moderate Risk Unlikel Low Risk Low Risk Low Risk Low Risk 1. The consequences listed in Table 20.52.200 have meanings as follows: . Extreme Risk: This category applies to trees in which failure is "imminent" and there is a�/ high likelihood of impacting a target, and the consequences of the failure are �t $isevere." )*, b. High Risk. This category applies to situations in which consequences are significant and likelihood is "very likely" or "likely," or when consequences are severe" and likelihood is "likely." c. Moderate Risk: This category applies to trees in which consequences are "minor" and likelihood i "very likely" or "likely" or when likelihood is "somewhat likely" ,and the consequences are "significant" or "severe," d. Low RiskThis category applies to trees in which consequences are "negligible" and likelihood is "unlikely"; or when consequences are "minor" and likelihood is "somewhat likely." Definitions of TRAQ method terminology that are not set forth in this chapter or Chapter 20.12 MMC can be found in the article "Qualitative Tree Risk Assessments" by E. Thomas Smiley,,Nelda Matheny, and Sharon Lilly on file at Medina City Hall. 3. Potential targets are permanent structures or an area of moderate to high use. Where a target does not exist,applicants should consider routine pruning and maintenance to 3 mitigate hazards. D. Where a tree is found to have a high or extreme risk, the City Arborist may authorize hazard pruning to mitigate the risk rather than removing the entire tree. E. If the City Arborist assesses a tree to have a high or extreme risk and mitigation of the risk through pruning or moving of potential targets is not feasible, the City Arborist shall 1. designate the tree a= hazard tree. Section 23. Adapt Section 20.62.210. A new Section 20,52,210 of the Medina Municipal Code titled "Nuisance tree" is hereby adopted to read as follows; 20.52.210 Nuisance tree:. t.: y„ A. A nuisance tree, for purposes of this chapter, is a tree whose branches, stem and/ or mots cause one or more of the following conditions to exist: 1, Substantial physical damage to public or private structures; f t, Ordinance No, 923 Page 25 of 4 r l., 2. A qualified professional provides verification based on conditions on the property that substantial physical damage will occur within five years to a building containing a principal use, 3. Substantially impairs, interferes or restricts streets, sidewalks, sewers, power limes, utilities or other public improvements; 4. Substantially impairs, interferes, or obstructs any street, private lane, or driveway, or 2r 5. The tree is diseased and restoration of the tree to a sound condition is not practical. B. Designation of a nuisance tree is by the director following receipt of a written request and }. findings are made supporting a nuisance designation using the following criteria- 1 . One or more of the conditions in MMC 20.52.210(A) is present; 2. The nuisance associated with the subject tree cannot be corrected by reasonable measures including, but not limited to pruning, cabling, bracing, or if feasible, relocating } structures and other improvements; and . Other relevant information provided by the applicant and the City"s inspection of the subject tree. Section 24. Adopt Section 20.52.220. A new Section 20.52,220 of the Medina Y Municipal Code titled "City amorist established" is hereby adapted to read as follows. r } 20.62.220 City arborist established. i The director shall appoint a person to the position of City Arbrist who shall be assigned responsibility for evaluating the hazardousness of trees and other duties consistent with the requirements of this chapter. Section 26. Adopt Section 20.62.300. A new Section 20.52.300 of the Medina Municipal Code titled "Notice of tree removal involving no construction" is hereby adopted to read as follows. a v, 20.62.300 Notice of tree removal involving no construction, f �3 m A. Property owners removing a significant tree requiring a permit under MMC 20.52.310, but not undergoing new construction or land alteration activity, shall notify the ` City at least 10 calendar days prior to the date the tree will be removed. The Director may reduce this time with receipt of a written request from the applicant and upon finding that the lesser time will provide the City reasonable notification. , B. All property owners removing a non -significant tree that does not require a permit are 4 encouraged, but not required, to notify the City of the tree removal at least 48 hours prior to the tree being removed. ., 7i Section 26. Adopt Section 20.62.310. A new Section 20.52.310 of the Medina Municipal Code titled "Tree activity " p y permits is hereby adopted to read as follows: 20.62.310 Tree activity permits. A. This section sets forth the criteria for applying permits that implement this chapter. All uses and activities not requiring a permit must still comply with this chapter. B. An administrative tree activity permit meeting the requirements set forth in MMC 20.70050 is required for the following activities unless a permit is required elsewhere under this section: 1. land designated underdevelopment as determined in MMC 20,52.100; u Ordinance No, 923 Page 26 of 4 t a I d 1. Removal at any time of a significant tree, ;excluding hazard trees, which is s` a. Fifty -inches or larger diameter breast height size, b. Located on private; property; and c. :Located outside of the footprint of a building containing the principal use of the property. 2. The director may modify the procedures for deciding a non -administrative tree activity permit and approve the application using a Type 2 decision recess provided: p pp pp� g Yp p p a. The subject tree is designated a nuisance tree pursuant to MMC 20,52.210; and b. Curing the public comment period, the City does not receive any written objection to a Type 2 decision decided by the director being used; and { c. The approval criteria in MMC 20.72.100 are satisfied. Section 27. Adopt Section 20.62.320. A new Section 20. a2.320 of the Medina Municipal Code titled "Tree removal and planting plan" is hereby adopted to read as follows: { s 20.52.320 Tree removal and planting plan. 7 A. Permits for lands under development and permits for removing City Trees in City rights -of - way shall include a tree removal and planting plan containing the following information. ;; 1 A survey plan prepared by a Washington state licensed; surveyor that includes the ffi following: ,. a. The location, genus, species, common name, and size of all significant trees located within the boundaries of the property and within any adjoining City rights -of -way; b. Topography of the site at two -foot contour intervals; c. Critical areas as defined in chapter 18.12 MMC and chapter 20.67 MMC; and d. If existing trees that are less than six inchesdiameter breast height are to be counted s supplemental trees, the location, genus, common name, and size of such tree. 2. A site playa drawing showing the following: a. Proposed improvements, alterations or adjustments to the subject property including, but not limited to, buildings, driveways, walkways, patios,' decks, utilities, and proposed contours; b. Existing structures, whether proposed to remain or proposed for removal; and c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property. 1 A conceptual or definitive tree -planting plan that includes: a. Identification of all trees having a six inches or larger diameter breast height size to e retained and those to be removed, b. Analysis of required tree units, existing tree units, and net tree units; c. If applicable, a list of supplemental trees to be planted consistent with the requirements of this chapter, d. If right-of-way trees are proposed for removal, an analysis of the tree mitigation and a list of replacement trees to be planted; Al e. The list of required tree plantings shall include the size, genus, species and common names; and f. A proposed general planting plan that includes the required tree plantings and other vegetation being planted, as appropriate, for determining compliance with other provisions of the Medina Municipal Code (i.e., grading and drainage and shoreline master program regulations). B. The director may authorize modifications to the tree removal and planting plan on a case -by - case basis that reduce submittal requirements if the director concludes such information to be unnecessary. Ordinance No, 923 Page 28 of 4 zA : t. 1,a fv lz` �t C. The director may require additional information to be included with the tree removal and replacement plan, such as tree protection measures, where the director concludes the information is necessary to determine compliance with this chapter. D, The applicant may combine the survey, site plan drawing, and/ or tree replacement plan into a single document, or may combine the required information with other documents, provided f the City determines the submitted information is reasonably easy to understand. All plans shall be drawn to a scale acceptable by the director. E, Permits not involving land under development do not require a tree removal and planting plan. However, this shell not preclude the director from requiring such information as necessary to determine compliance with this chapter. Section 28. Adapt; Section 20.62.330. A new Section 20. a2.330 of the Medina Municipal Code titled "Tree protection measures during construction" is hereby adopted to read << as follows: t; 20.62.330 Tree protection measures during construction. A, Tree protection measures shall be implemented and maintained before and ,during all construction activities to ensure the preservation of significant trees that are planned to be retained. Tree protection measures 'shall be shown on grading and drainage plans, tree protection plans, and construction mitigation plans. R Tree protection measures shall include, but are not limited to the following: Il Establish tree protection zones and install protective fencing at the drip line or other barriers that are at least four feet in height, except where tree protection zones are remote from areas of land disturbance, and where approved by the director, alternative forms of tee protection may be used in lieu of tree protective fencing; provided, that the critical root zones of protected trees or stands of trees are clearly delineated and protected; i 2. Limit grading levels around subject trees to not raise or lower grades within the larger of the following areas: i 1. The drip line area of the tree; or 2. An area around the tree equal to one foot in diameter for each inch of tree diameter measured at DBH; 3. Installation of a tree well, but only where necessary and only with pre -approval of the { City; { 4. Designation of areas on -site for parking, material and equipment storage, construction ingress and egress, and similar designated areas that do not negatively impact significant trees; 5. Locate trenches for utilities that minimize negative effects on the tree root structure with provisions for filling the trenches with a suitable growing medium in the vicinity of the trees; l} 6. Employ measures to protect critical root systems from smothering and compaction; I 7. Implement a tree care program during construction to include watering, fertilizing, pruning and pest control; and 'y . Measures for the disposal of potentially harmful items such as excess concrete, polluted water runoff, and other toxic materials. C. The director may approve deviations to the tree protection measures sot forth in MMC t 0.5 .330(B) if the director determines that the deviation will provide equal or better tree f protection than the required tree protection measure, ti r G f Ordinance No. 923 Page 29 of 49 t F r, Section 29. Adapt Section 20.52.400. A new Section 20,52,400 of the Medina Municipal Code titled "City tree removals" is hereby adopted to read as follows; 20.52.400 City tree removals. A. This section sets forth the requirements applicable to all trees located on City -owned property and City rights -of -way. B. General provisions. 1. This section is intended to be of general application for the benefit of the public at large; x it is not intended for the particular benefit of any individual person or group of persons other than the general public; 2. In addition to the limits set forth in MMC 0,52,020, no City tree shall be broken, injured, mutilated,: killed, destroyed, pruned or removed unless authorized by the provisions of this section; and . The exemptions in MMC 20,52,030 apply to this section. C. Pruning and trimming of City trees is permitted provided ANSI standards in their most recent form are followed and the trimming and pruning comply with the requirements for tree activity permits set forth in MMC20.52:310. D. Removal of a City tree looted within an open or closed City right-of-way may be allowed for the following- 1 . Hazard trees designated pursuant to MMC 20.5.200; 2. Nuisance trees designated pursuant to MMC 20,5Z210; iR . Trees not suitable under utility lines, or in the City right-of-way, as prescribed in the "City of Medina list of Suitable Tree Species"; } 4. Any tree having less than a 10-inch diameter breast height size; and any trees not z included on the "City of Medina Suitable Tree Species List" for the right-of-way having less than a -inch diameter breast height size, 5. Trees where pruning and trimming for utilities caused significant defects to the primary stem of the tree resulting in significant abnormal growth; t' 6. Trees where removal is necessary to allow vehicle access to a property; . Trees where removal is necessary to restore a view significantly obstructed by the tree provided all of the following criteria are satisfied; . The owner of the adjoining property to the subject tree and the City both accept allowance to have the tree removed; b. The person claiming the view obstruction establishes the tree causes an unreasonable view obstruction using the provisions established in MMC 18.16.040 through MMC 18.1 ,080; and c. The approval of a non -administrative right-of-way activity permit is obtained pursuant to MMC 2072.090. E. Where MMC 20.52.400(D) allows removal of a City tree, the following shall apply: 1. Removal of City trees, including hazard and nuisance trees, is permitted only if { replacement trees are planted in accordance with the requirements in Table 20.2.400(B)(1), except as allowed otherwise by this section; Ordinance No. 923 Page 30 of 49 I rl • "• • °"-� #"' it .. '! • # ••` #. #i • # # ## is • � �� � .. � ..# �, � ... d1! «i# • # • • 11 "'.!: °` R ..#ib "^ 1. �.. ^^ ,; :..� I i i t Section 35. Amend Section 20..71.060. Section 20.71.050 of the MedinaMunicipal Code is hereby amended to read as follows. Administrative right-of-way tree gS11y11y ((` nm al)) permit; i A. Purpose, The purpose of an administrative right -of` -way tree activity (C +*i )) permit is to authorize removal or pruning of Cit trees and vegetative cover consistent With j the Medina tree code. B. Applicant. Only owners enumerated in MMC ((2 5 }( )) 20.52.310(C) may submit an application for an administrative right-of-way tree activity (( m" al)) permit. C. Procedures. Administrative right-of-way tree activity (( mil)) permits are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability. This section shall apply to the pruning and removal of trees as forth in MMC E-))- E. Criteria for Approval. The decision authority may approve an administrative right-of-way tree 4 activity {(ti oval)) permit only if the following criteria are satisfied: 1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan; i . The proposal is consistent with the public interest in maintaining an attractive and safe environment, 3. The tree trimming, pruning or removal will have no materially detrimental effects on nearby properties, 4. Removal of the City tree is germitted pursuant to MMC 20. 2.400 D Treece tha are f i i C . Tree miti ation ({ meat)) is provided in accordance with MMC (( 2 090)) 20.52.40C)(E) for removed trees, 6. Tree trimming or pruning is done in accordance with the following: a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the area, unless supported by ANSI Standard A300; b. The trimming or pruning does not adversely affect adjoining' and nearby properties i; regarding erosion control, noise control, shade, or other existing landscaping within the unimproved areas of the right-of-way; and c. The trimming or pruning complies with ANSI Standard A300 and does not cause unnecessary mutilation or damage to the tree((.)); . All other re uirements set forth in MMC 20.52. 00 are satisfied. f F. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. i, G. Lapse of Approval.' 1. An Administrative right-of-way tree twit (( . al)) permit shall expire after 18 months from the later date of the decision being issued or an appeal becoming final; 2. Expiration of the Administrative right-of-way tree activity ((t )) permit is automatic and notice is not required, and r . No extension of the time period for the permit is allowed. ;4 Section 36. Amend Section 20.72.040. Section 20.72.040 of the Medina Municipal Code is hereby amended to read as follows. Ordinance No. 923 Page 35 of 4 C. Procedures. Nonadministrative right-of-way , tree activit ((' 'r ind al}} permits are processed as a Type 3 decision pursuant to the 'review procedures set forth in Chapter 20,30 MMC. D. Applicability. This section shall apply to the pruning and removal of Citytrees as set forth in MMC { ) 20 52.310(D)((r nn an n nrrt}} F. Criteria for Approval. The decision authority may approve a nonadministrative right-of-way tree act tr+ta i e� ) permit only if the followin criteria are satisfied: ,....:....., .L g'T I }f p y 1. The proposal is compatible with Chapter 3, Community Design dement, of the comprehensive plan; 2. The proposal is consistent with the public interest in maintaining an attractive and safe environment; . The tree trimming, pruning or removal will have no materially 'detrimental effects on nearby properties; 4. Removal of a Citv tree is vermitted ursuant to MMC 20.52.400 D (( 5. Tree mi� ((replacement)) is provided in accordance with MMC ((20762.090)) 20.52.400E for removed trees, Tree trimming or pruning is done in accordance with the following: a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the area, unless supported by ANSI Standard A300, b. The trimming or pruning does not adversely affect adjoining and nearby properties regarding erosion control, noise control, shade, or other existing landscaping within the unimproved areas of the right-of-way, and c. ;The trimming or pruning complies with ANSI Standard A300 and does not cause unnecessary mutilation or damage to the tree. 7. All other re uirernents set forth in MMC 20.52.40 are satisfied. F. The decision authority may attach reasonable conditions as necessary to safeguard the public health,general welfare and safety. t . Lapse of Approval. 1. A nonadministrative right-of-way tree activit (( mtng �)) permit shall expire within 13 months from the later date of the decision being issued or an appeal becoming final; . Expiration of the nonadministrative right-of-way tree activit (( m+ val)) permit is automatic and notice is not required, and . No extension of the time period for the permit is allowed. Section 38. Amend Section 20 72.100. Section 20,72,100 of the Medina Municipal v' Code is hereby amended to read as follows: r Nonadministrative tree ((removal)) activit permit. A. Purpose. The purpose of a nonadministrative tree (( oval)) activity permit is to authorize removal of large significant trees consistent with the Medina tree. code. S. Applicant. Any owner may submit an application for a nonadministrative tree removal permit, C. Procedures. Nonadministrative tree removal permits are processed as a Type 3 decision I pursuant to the review procedures set forth in Chapter 20.30 MMC. i 3 i Ordinance No. 923 huge 37 of 49 �a D. Applicability. This section shall apply to removal of trees as set forth in MMC 20.52.050(D), excluding trees ratted as hazard pursuant to MMC 20.52.050(E), E. Criteria for Approval. The decision authority may approve a nonadministrative tree (( )) ggIjyfty permit only if the following criteria are satisfied: 1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan, The proposal is consistent with the public interest in maintaining an attractive and safe environment, U' 3. The tree removal will have no materially detrimental effects on nearby properties; 4. The tree has net been aranted s` ecial orotection ur uant to MMC 20.52.120(( !)5 5. All re uirements set forth in Cha ter 20.52 MMC are satisfied 6. All ether ordinances, regulations and policies applicable to tree removal are followed.` F. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. G. Lapse of Approval. 1. A nonadministrative tree ((fe , )) activity permit shall expire after 16 months from the later date of the decision being issued or an appeal becoming final; 2. Expiration of the nonadministrative tree (( al)) activity permit is automatic and notice is t=, not required, and 3. No extension of the time period for the permit is allowed. Section 39. Amend Section 20.80.060. Section 20.80.060 of the MedinaMunicipal Code is hereby amended to read as follows: A. 1 Table MMC 0.60.00(A) sets forth project permits that are categorized as Type 1 decisions with the applicable corresponding review procedures. MMC Table 20.80.060 Protect Permit Building, reroof and construction listed 1 SEPA A - Type Decision Authority BO I decisions Procedure Requirement D C N®A NOH NOD Yes No No Yes permits not no Mechanical permit Demolition permit 1 no SEPA Grading and drainage permit i no EPA Fence ermit Final short subdivision: B4 BO BO BO D Yes Yes Yes Yes No No No No No No No No No No No Yes Yes Yes Yes No Administrative tree ((ovat)) activit permit Hazardous tree deli nation Ri ht-of--wa ermit D D E Yes Yes Yes No No No No No N o Yes Yes Yes t Lot line ad;°ustment D Yes No No Yes onin code inter retation Accesso dwellin units Administrative sign approval Code of conduct a royal D D D E No Yes Yes Yes No No No No No No No No Yes Yes Yes Yes t Ordinance No. 923 Page 38 of 49 SBPA letter of exemption C1 No No No Yes Shoreline later of exam tion D No No No Yes Shoreline Master Program inter retaticn No No No Yes Tem ore Use Permit l N0 No No Yes Notes; "DOC" - determination of completeness required pursuant to MMC 20.80.100 "NOK - notice of, application required pursuant to MMC 20.K110 "NOW - nonce of hearing required pursuant to MMC 20.80.120 "NOD" — notice of decision required pursuant to MMC 20. 0.200 "BO" means building official has authority to make the decision "i0" means the director has authority to make the decision "E" means the City engineer or designee has authority to make the decision 1 Director here means the arson deli Hated as the Res onsible Official B. Table MMC 20. 0.060(B) sets forth project permits that are categorized as Type 2 decisions with the applicable corresponding review procedures. v. ;4 t �i Ordinance No. 923 Page 39 of 49 z; s: MINK Table 20.80.060 B - Type 2 decisions Project Permit Decision Procedure Re uirements Authority DOC NOH NOD Building permit I with SEPA BO/ D1 Yes Yes No Yes Demolition permit J with SBPA BOI D1 Yes Yes No Yes Grading and drainage permit 1 BO/ D1 Yes Yes No Yes with SBPA 0 Administrative right-of-way tree Wmmir )) activity D Yes Yes No Yes t ermit t: 4*i Administrative special use ermit D Yes Yes No Yes Administrative variance D Yes Yes No Yes Minor deviation; D Yes Yes No Yes EPA threshold determination D1 Yes Yes2 No Yes Prelim inar short subclivisiori D Yes Yes No Yes Tailored construction mitigation D Yes Yes No Yes la -- level 1 Final subdivision CC No No No Yes Notes: "DtC" - determination of completeness required pursuant to MMC 20.80100 "NOA" - notice of application required pursuant to MMC 2,80.11 yk "NOW - nonce of hearing required pursuant to MMC 20.80.120 "NOD" -- notice of decision required pursuant to MMC 20.80.200 "BO" means building official has authority to make the decision "D" means the director has authority to make the decision "C" means the City Council makes the decision ""," means the City engineer or designee has authority to issue a decision 1 Director here means the person designated as the Responsible Official 2A NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11- 3401 . C. Table MMC 20.60.060() sets forth project permits that are categorized as Type 3 decisions v with the applicable corresponding review procedures, i r s i; W i Ordinance No. 93 s z Page 40 of 4 MMC Table 20.80.060 C Type 3 decisions Project Permit Decision Procedure R7uirements Authority DOC NOA NOH NOD Non -administrative special use ermit HE Yes Yes Yes Y Yes Conditional use ermit HE Yes Yes Yes Yes Historical use ermit HE Yes— ---Yes— Yes —Ve—s Yes Non -administrative variance HE --Y—es --- 'Yes - --Yes Yes- Site -specific rezone P 61-C _61 —Ye s Yes Yes Yes Reasonable use _e xce tiqrl_ HE Yes Yes Yes Yes Non -administrative right-of-way tree HE Yes Yes Yes Yes acti& ermit Non -administrative tree HE Yes Yes Yes Yes activit ermit Site lan review PC Yes Yes Yes Yes Tailored construction mitigation PC Yes Yes Yes Yes lan level Preliminary subdivision HE/CC2 Yes Yes Yes Yes Shoreline Substantial HE Yes Yes Yes Yes fDevelo merit Permit Shoreline Variance HE Yes Yes Yes Yes Shoreline Conditional Use HE3 Yes Yes Yes Yes Permit Notes; "DOC" - determination of completeness required pursuant to MMC 20,80.100 "NOK -notice of application required pursuant to MMC 20.80110 "NOW - notice of hearing required pursuant to MMC 20.80.120 "NOD" — notice of decision required pursuant to MMC 20.80200 "HE" means the Hearing Examiner has authority to make the decision "PC" means the Medina Planning Commission has authority to make the decision "CC" means the City Council makes the decision IThe Planning Commission holds the open -record hearing and makes a recommendation to the City Council. The City Council decides the rezone at a closed record meeting. 2Hearing Examiner holds the open -record hearing and makes a recommendation to the City Council, The City Council decides the preliminary subdivision at a closed record meeting, 3 If the Hearing Examiner's action on shoreline variances and shoreline conditional use permits is to approve the application, the approval shall be submitted to the Washington State Department of Ecology for approval, approval with conditions, or denial pursuant to WAC 173- Ordinance No, 923 Page 41 of 49 1, Section 40. Modify list of Suitable Trees. The "City of Medina List of Suitable Tree Species" is hereby approved to be modified to increase the list of significant tree species and to make other changes to implement the amendments to this chapter as forth in "Attachment A". { ci t.' Section 41. Authorization to make corrections. The City Manager or designee is authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scriveners/ clerical errors, references, ordinance numbering, section/ subsection numbers and any references thereto. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance: or its application to other persons or circumstances. Section 43. Effective Date, A summary of this ordinance shall be published in the official newspaper of the City, and the ordinance shall take effect and be in full force five (5) days after the date of publication, but no sooner than July,1, 2015 ADOPTED BY THE CITY COUNCILT A REGULAR MEETI C THEREOF ON HE 13th AY OF July 2015. �y y P trick Soyd, or Approved as to form: Attest: 7 4*' t F e, City Attorney Aimee Kellerman, City Clerk Kenyon Disend, PLLC L c, i Cr, 1, Ordinance No. 923 Page 42 of 49 I Attachment A 2 CITY OF MEDINA 3 LISTS OF SUITABLE TREE SPECIES 4 5 6 PURPOSE: The suitable tree species listed under each section are for the purpose of 7 establishing significant trees under the Medina Tree Code (Chapter 20.52 Medina Municipal 8 Code). This list includes trees species eligible towards planting requirements.* k 9tr io LIST 1: SIGNIFICANT TREE SPECIES ON PRIVATE PROPERTY" 11 12 The following trees are designated as significant tree species pursuant to MMC 20.52.050. 13 List 1 is used in conjunction with the definition of "significant tree" set forth in MMC 20,12,200 to 14 denote the application of the term "significant tree" in the Medina Tree Code (Chapter 20.52 15 MMC). Please note that not all trees in this list are eligible for credit as supplemental or 16 restoration trees. See List 4 for tree species eligible for supplemental tree or restoration tree 17 credit. 18 19 A. EVERGREENS (CONIFERS): 20 21 1. All, except the following: 22 a. Leyland Cypress — Cupressocyparis leylandii 23 b. Arborvitae — Thuja occidentalis 24 c. Italian Cypress - Cupressus sempervirens 25 d. Blue Surprise Port Orford Cedar — Chamaecyparis lawsoniana 'Blue Surprise' 26 e. Wissel's Saguaro False Cypress — Charnaecyparis lawsoniana'Wissels Saquaro' 27 f Other species not listed that typically have a crown diameter of less than 10 feet at 28 maturity 29 g. Trees planted, clipped or sheared into use as a hedge regardless of species 30 31 B. DECIDUOUS 32 33 1. All that coincide with United States Department of Agriculture hardiness zones 8b and 34 9a, except the following: 35 a. Swedish Aspen — Populus tremula "Erects' 36 b. Skyward Bald Cypress — Taxodium districhurn 'Skyward' 37 c. Other species not listed that typically have a crown diameter of less than 10 feet at 38 maturity 39 d. Trees planted, clipped or sheared into use as a hedge regardless of species 40 41 42 The list of native trees are those that are naturally occurring and propagating in the Puget 43 Sound lowlands in the last 100 years and coincide with the USDA hardiness zone 8b. 44 45 Private property includes state highway fight -of -way. 46 47 Note: The USDA Plant Hardiness one helps determine which plants are most likely to thrive 48 at a location. The zones are based on the average annual minimum winter temperature, divided 49 into 10-degree F zones. 50 RK ,g Ordinance No. 923 Page 43 of 49 x y. s, Attachment A 1 LIST 2: SIGNIFICANT TREE SPECIES ON CITY RIGHTS -OF -WAY 2 3 This list shall apply only where a tree is removed from city rights -of -way. It is used to distinguish 4 significant and non -significant trees. Tree species eligible for replacement credit in the city 5 right-of-way are set forth in List 6 and 7. 6 7 A. EVERGREENS (CONIFERS) - NATIVE: 8 9 1. Lawson Cypress — Chamaecyparis lwsoniana 10 2, Alaska Yellow Cedar — Cha aecyparis ncot atensis 11 3. Western Red Cedar Thuja plicata 12 4. Douglas Fir -- Pseudotuga meniesii 13 6: Engelmann Spruce --- Picea engelmannii 14 6. Grand Fir — Abies grandis 15 7, Pacific Silver Fir — Abies amabilis 16 & Rocky Mountain Juniper -- J niperous scopulorum 17 9. Mountain Hemlock — Tsuga mertansiana 18 10. Western Hemlock -- Tsuga hterophylla 19 11. Shore Pine — Pi us contorta var. contorta 20 1Z Sitka Spruce -- Picea sitchensis 21 13. Western White Pine — Pinus monticola 22 23 & EVERGREENS (CONIFERS) — NON-NATIVE: 24 3, 25 1. None 26 27 C. DECIDUOUS - NATIVE: 28 29 1: Pacific or Western Flowering Dogwood -- Cornus nuttallii 30 2; Vine Maple --Acer circinatum 1 1 Red Alder--Alnus rubra 32 4. Western Hazelnut -- Cdrylus cornuta 33 a. Oregon Ash -- Fraxinus latifelia 34 6. Narrow -leaved Cherry -.- Prunus emarginata var. mollis 35 r- 7. Western Serviceberry - Amelanchier alnifclia 36 & Black Hawthorn - Crat egos douglasii 7 9. Cascara - Rhamnus purshiana 1p 38 10. Oregon White Oak - Quercus garry n 39 11. Pacific Crabapple - Malus fusca 40 12. Pacific Willow - Salix la iandr 41 42 D. DECIDUOUS — NON-NATIVE: 43 44 1'. Norte 45 � 46 ' I ;? Ordinance No. 923 Page 44 of 49 Attachment A s 1 s LIST 3: LEGACY TREE SPECIES LIST 2 3 } The following trees are Legacy Tree species that if the criteria in MMC 20.52.120 are present 4 are subject to the replacement requirements for e Legacy Tree, 5 6 A. EVERGREENS (CONIFERS): 7 8 1. Lawson Cypress — Chamaecyparis lawsoniana 9 2 Alaska Yellow Cedar - Chamaecyparis n otkatensis 10 3: Western Fled Cedar — Thja plicata 11 4 Douglas Fir -- Pseudotsuga meniesii 12 5: grand Fir Abies grandi 13 5: Mountain Hemlock -- Tsuga rnertaniana 14 7. Western Hemlock — Tsuga heterophylla 15 5: Pacific Madrone — Arbutus menieii 16 9. Shore Pine — Pintas contorta var. contorta 17 10. Western White Pine -- Pinus monticola { 18 11. Sitka Spruce — Picea sitchensis 19 20 B. DECIDUOUS: 21.. 22 1. Norge ° 23 24 LIST 41: TREE SPECIES ELIGIBLE FOR CREDIT ON PRIVATE PROPERTY 25 26 This list establishes eligibility requirements for receiving supplemental tree unit or restoration 27 credits under MMC 2.52.1 0 and MMC 20.52.150 respectively. This list is used ; for 28 determining existing trees that may be included as credit, and new tree plantings can private 29 property that are; eligible for credit. The list of native species in Sub -list 4A and 4C apply to 30 r: determining tree retention requirements in MMC 20,52.110. 1 2 A. EVERGREENS (CONIFEROUS) - NATIVE: 33 �. 34 1. Lawson Cypress — Chamaecyparis lawsoni na 35 2. Alaska Yellow Cedar — Chamaecyparis nootkatensis 36 3. Western Red Cedar — Thuja plicata 37 4. Douglas Fir - Pseudotsua meiesii 38 5. Engelmann Spruce — Picea engelmannii 39 6. Grand Fir — Abiesgrandi 40 7, Pacific Silver Fir — Abies amabilis 41 S. Rocky Mountain Juniper Juniperous scopulorum 42 9. Mountain Hemlock — Tsuga mertaniana 43 10. Western Hemlock - Tsuga heterophylla 44 11. Shore Pine -- Pinus contorta var. contorta 45 12, Sitka Spruce — Picea sitchensis 46 1. Western White Pine — Pinus mnticola 47 48 Ordinance No. 923 Page 45 of 49 4 t, Attachment; A 5 1 ' B. EVERGREENS (CONIFEROUS) - NON-NATIVE: 2 1. Korean Fir -� Abies koreana 4 2. Spanish Fir -- Abies pinsapo 5 3. White Fir — Abies doncolor i 6 4. Incense Cedar — Calocedrus decurr ns 5, 'Deodar Cedar Cedrus deodara 8 6. Atlas (cedar — Cedrus atlantica 7, Cedar of Lebanon — Cedrus libani 10 8. Moss Cypress — Chamaecyparis pisifera 11 9. Dwarf Hinoki Cypress — Chamaecyparis obtua 12 10. Smooth -barked Arizona Cypress — Cupressus glabra }' 13 11. Dawn Redwood Metasequoia glyptostrob sides 14 12. SwissStone Pine -- Pinus cemra 15 13, Austrian Black Pine -- Pinus nigra 16 14. Japanese Black Pine -- Pinus thunbergii 17 15.;Japanese Red Pine Pinus densiflora 18 16. Japanese Cryptomeria -- Cryptmeria japonica 19 17. Serbian Spruce -- Picea emorika s; 20 18. Umbrella Pine -- Siadoitys verticillata 21 19. Bald Cypress — Taxodium distichum 22 20. Hiba Cedar -- Thupsis dolobrata 23 21. Canadian Hemlock — Tsuga candadensis 24 i 25 C. DECIDUOUS - NATIVE, c 26 27 1. Pacific or Western Flowering Dogwood -- Cornus nuttallii 28 ' 2. Vine Maple--Acer circinatum 1 29 3. Red Alder--Alnus rubra, 30 4. Western Hazelnut -- Corylus cornuta 31 5. Oregon Ash -- Fraxinus latifolia 32 6, Narrow -leaved Cherry — Prunus emarginata var. molls 33 7. Western Serviceberry - Amelanchier alnifolia t 34 8. Black Hawthorn - Crataegus douglasii , 35 9. Cascara - Rhamnus purshiana 36 10. Oregon White Oak - Quercus garryana 37 11. Pacific Crabapple - Malus fuca i 38 12 Pacific Willow - Salix lasiandra 9 40 D. DECIDUOUS -- NON-NATIVE; 41 42 1. None` 43 44 E } .E I �t Ordinance No. 923 Page 46 of 49 Attachment 1 MST 5: REPLACEMENT TREE SPECIES FOR CREDIT ON CITY RIGHTS -OF -WAY 3 The following trees are designated as eligible for receiving replacement credit can the city right- 4 of -way. Trees planted in the rights -of -way shell ensure that sight -distance requirements are maintained and 'utilities will not became encumbered. If overhead power distributionor 6 transmission lines are within 20 horizontal feet of the planting location, the replacement tree 7 species shall be selected from List 6. 8 9 A. EVERGREENS (CONIFERS) - NATIVE: 10 11 1. Lawson Cypress — Chamaecyparis lawsonlana 12 2. Alaska Yellow Cedar — Charnaecyporis nootkatdnsis 13 3. Western Feed Cedar — Thuja plicate #' 14 4 Douglas Fir -- Pseudotsuga menziesii 15 5. Eng lmann Spruce — Picea engelmannii 16 & Grand Fir - Abies grandis 17 7. Pacific Silver Fir -- Abies amabilis 18 8. Rocky Mountain Juniper — Juniperous scopulorum 19 9. Mountain Hemlock -- Tsuga mertan iana 20 10. Western Hemlock -- Tsuga heterophyll 21 11. Shore Pine — Pinus contorta var. contorta 2 12. Sitka Spruce -- Picea sitchensis 23 13. Western White Pine -- Pinus monticola 24 25 B. EVERGREENS (CONIFERS) — NON-NATIVE: 26 27 1. Korean Fir — Abies koreana 28 Z Spanish Fir — Abies pinsapo 29 1 White Fir -- Abies concolor 30 4, Incense Cedar Calocedrus decurrens 31 5. Deodar Cedar — Cedrus deo ara 32 6. Atlas Cedar -- Cedrus tl ntica 33 7. Cedar of Lebanon — Cedrus libani 34 8. Moss Cypress -- Chamaecyparis piifera 35 9. Dwarf Hinoki Cypress — Chamaecyparis obtusa 6 10, Smooth -barked Arizona Cypress — Cupressus glabra 37 11. Dawn Redwood Met sequoia gly tostroboide 38 12. Swiss Stone Pine Pinus cembra 39 13, Austrian Mack Pine — Pinus nigra 40 14. Japanese Black Pine -- Pinus thunberii 41 15. Japanese Red Pine -- Pinus densiflora 42 16. Japanese Cryptomerio _ Cry tom ria japonica 43 1. Serbian Spruce Picea omorika 44 18. Umbrella Pine — Sciadepitys verticillata 45 19. Bald Cypress -- Taxodium distichum 46 20. Hiba Cedar — Thujop is dolobrata 47 21, Canadian Hemlock — Tsuga candadensis 48 � 49 Ordinance No. 923 Page 47 of 49 t. Attachment A 1 s.. C. DECIDUOUS,- NATIVE. 2 1. Pacific or Western Flowering Dogwood __ Cornus nuttall►i 4 2, Vine Maple --Acer circinaturn 5 1 Red Alder--Alnus rubra 6 4. Western Hazelnut -- Corylus cornuta 7 5. Oregon Ash -- Fraxinus latifolia 8 6. Narrow -leaved Cherry — Prunus emarginata var, molli s 9 7. Western Serviceberry - Amelanchier alnifolia 10 & Black Hawthorn - Crataegus douglasii u" 11 9. Cascara - Rhamnus purshiana 12 10. Oregon White Oak - Quercus garryana 13 11. Pacific Crabapple - Malus fusca 14 12. Pacific Willow - Salix lasiandra 15 16 D. DECIDUOUS — NON-NATIVE- 17 l;' 18 a. None 19 k=. 20 LIST 6: TREE SPECIES FOR CREDIT IN RESTRICTED CITY RIGHT-OF-WAY 21 22 The tree species in List 7 shall be used for replacement credit in those locations identified as 23 "Restricted R.O.W" in the Medina Landscape Plan set forth in Figure 3 of the Community 4 Design Element of the Medina Comprehensive Plan. The city may accept other tree species 25 not on the list for replacement credit provided the tree is an appropriate species to be planted 26 where overhead utility lines or view corridors necessitate lower tree >heights. 27 28 LIST 7. LOW -GROWING TREE SPECIES SUITABLE NEAR POWER LINES 9 30 The tree species in this list may be used for replacement credit when replacement trees are 31 planted under or within 20 horizontal feet of overhead power distribution and transmission lines. 2 The city may accept non-native tree species in this list and other non-native tree species not on 33 the list for replacement credit provided the tree is an appropriate species to be planted near 34 power lines. 5 36 A. EVERGREENS: 37 1. Mugo Pine -- Pious mugo 38 2. Tanyosho Pine Pious densiflora `Umbraculifera' 39 1 Dwarf hlinoki Cypress -- Cha aecyparis obtu a 'Nana gracilis' f 40 4. Chinese Juniper — Juniperus chinensis 41 5. Swiss Stone Pine — Pious umbra 42 6. Japanese Umbrella Pine Siadopitys verticillata r 43 7. Bristlecone Pine — Pious aristata 44 & Dwarf Japanese Red Pine -- Pious densiflora sp 45 46 B. DECIDUOUS. 47 1. Vine Maple — Acer circinaturn 48 2. Amur Maple — Acer ginnala 49 3. Rocky Mountain Maple Acer grandidentatum 50 4. Paperbark Maple -- Acer griseum 51 5. Japanese Maple — Acer palmatum l Ordinance No. 923 Wage 48 of 4 f is z Attachment A 1 6. Pacific Serviceberry Amelanchier alnifolia 2 7. Western Serviceberry - Ameanchier grandiflor 3 8. Japanese Hornbeam Carpinus japonica 4 9, Eastern Redbud — Cercis canadensis 5 10. Corneliancherry Dogwood — Corms mas 6 Y+ 11. Japanese Dogwood — Cornus officinalis 7 12. European Filbert Corylus avellana 13. Smoketree — Cotinus sp. 9 14. Hawthorn — Crataegus sp. {. 10 15. Golenrain Tree — Koelreuteria paniculate 11 16. Galaxy Magnolia — Magnolia 'Galaxy' 12 17, Star Magnolia -- Magnolia st llata 13 18. Lily Magnolia -- Magnolia liiiiflora 14 19. Victoria Southern Magnolia -- Magnolia grandiflora `Victoria' 15 20. Carmine Crabapple -® Malus x atrosanguinea 16 21. Sargent Crabapple alus sargentii 17 22. Pink Perfection Crabapple — Malus-`Pink Perfection' t 18 23, Radiant Crabapple Malus 'Radiant' 19 24. Strathmore Crabapple -- Mals `Strathmore' 20 25. Persian Parrotia — Parrotia persica 21 26. Flowering Cherry/Plum — Prunus sp. 22 27, Amur Chokecherry -- Prunus maackii 23 28, Mt. Fuji Flowering Cherry/ Prunus serrulata "Shirotae' 24 29. Staghorn Sumac -- Rhus typhina 25 i 30. Red Cascade Mountain Ash -- Sorbus americana 'Dwarfcrown' 26 31. Japanese Stewartia — Stewartia pseuocamellia 27 32. JapaneseSnowell -- Styrax; japonicu 28 33, Japanese Tree Lilac -- Syringa reticulate 2 30 Source for identifyin. nativespecies: 31 • Kru kerberg, Arthur R. Gardening with Native Plants of the Pacific Northwest -- an 2 illustrated guide. Seattle. University of Washington Press, 1982. Print, 3 34 * Arno, Stephen F. and Hammerly, Ramona P. Northwest Trees _ identifying and 35 understanding the regions native trees. Seattle: The Mountaineers, 1977. Print. 36 Y' 37 * Hitchcock;, C. Leo and Cronquist, Arthur. Flora of the Pacific Northwest — an illustrated 38 manual, Seattle. University of Washington Press, 1973. Print. , 39 40 * Breen, Patrick. Oregon State University Department of Horticulture Landscape Plants 41 Images, identification and information(hfp://oregonstate.edu/dept/idplants/, September 42 12, 2013). Corvallis, OR 97331-4501, USA. 4 44 • USDA, MRCS. 2013. The PLANTS Database (http.//plants.usda.gov, 19 September 45 2013). National Plant Data Team, Greensboro, NC 27401-4901 USA. n 6 47 + USDA Plant Hardiness Zone Map, 2012 Agricultural Research Service, U.S. 48 Department of Agriculture. Accessed from http.//planthrdines.ars.usda.gov. 49 t-. s; 't t 1 �1 Sy Ordinance No, 923 Page 49 of 4 k