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HomeMy WebLinkAbout2006 ORDINANCE NO. 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PART 2 OF CHAPTER 2 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE AND ADDING CHAPTER 8 TO ARTICLE IX OF THE ARCADIA MUNICIPAL CODE REGARDING A COMPREHENSIVE MANAGEMENT PROGRAM FOR CITY-OWNED TREES AND ESTABLISHING THE ARCADIA BEAUTIFUL COMMISSION AS THE ARCADIA TREE COMMISSION THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. That Section 7222 of Part 2 of Chapter 2 of Article VII of the Arcadia Municipal Code be amended to read as follows: 7222. STREET PLANTING PERMIT. No person shall plant, remove, destroy, cut, deface or in any manner inj ure or cause to be planted, removed, destroyed, cut, defaced or in any manner injured, any tree or shrub in any public street, alley, park or other public place without first applying for and receiving a permit in writing in accordance with Chapter 8 of Article IX of the Arcadia Municipal Code. SECTION 2. That the following sections of Part 2 of Chapter 2 of Article VII of the Arcadia Municipal Code are hereby repealed: Sections 7222.1 through 7222.3 [repealed] Section 7222.5 [repealed] SECTION 3. That Chapter 8 be added to Article IX of the Arcadia Municipal Code to read as follows: 1 CHAPTER 8 COMPREHENSIVE TREE MANAGEMENT PROGRAM 9800. INTENT AND PURPOSE. This Chapter is established to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, removal and replacement of City-owned trees on public property. It is also the intent of this Chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas in the city due to the trees in those areas. 9801. SCOPE. This Chapter provides full power and authority over the planting, removing and cutting of trees and shrubs located within public property in the City. 9802. DEFINITIONS. a. City-owned trees. city-owned trees shall mean any woody perennial plant, usually having a single main axis or trunk, including specimens of such plants having twin or multiple trunks, and shall also include any species of tree, shrub or plant described in the tree inventory and master plan established by the Public Works Department and reviewed by the Arcadia Tree Commission. b. Damage. Damage shall mean any action undertaken which causes injury, death, or disfigurement of a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocating or transplanting a tree. 2 2006 c. Person. Person shall mean an individual, a firm, an association, a corporation or a copartnership, and the lessees, receivers, agents and employees of any such person, but shall not mean the city or its duly authorized agents or employees. d. Public Property. Public property shall mean any road, street, avenue, alley, parkway, right-of-way, or property, or any portion thereof, dedicated for or used by the public. e. Removal. Removal shall mean the uprooting, cutting, or severing of the main trunk, or major branches, of a tree or any act which causes, or may be reasonably expected to cause a tree to die, including but not limited to the following: 1) Inflicting damage upon the root system of a tree by machinery, storage of materials, or soil compaction; 2) Substantially changing the grade above the root system or trunk of a tree; and 3) Excessively pruning a tree. f. Street Trees. Street trees shall mean each of those trees listed as Small Trees, Medium Trees and Large Trees in Section 9811 of this Chapter which are planted on public property in the city. 9803. TREE COMMISSION ESTABLISHED. There is hereby established in the City the Arcadia Tree Commission. The members of the Arcadia Beautiful Commission shall serve as the Arcadia Tree Commission. The Arcadia Tree Commission shall act as an advisory body to the City Council and shall review the annual City-owned tree inventory and master plan prepared by the Public Works 3 2006 Department which shall be presented to the City Council for approval and implementation. 9804. CITY-OWNED TREES-REMOVAL. City-owned trees on public property may only be removed when such trees are dead, diseased beyond recovery, present a safety problem or cause extensive sewer problems due to tree root intrusion. Such trees may only be removed under the fOllowing circumstances: (1) after first obtaining a permit pursuant to section 9806 of this Chapter; (2) under emergency circumstances without first obtaining a permit; or (3) without first obtaining a permit under particular circumstances approved by the Director of Public Works or his designee. 9805. REMOVAL ORDER. The Director of Public Works or his designee may remove any City-owned tree or part thereof located on public property if such tree is dead, diseased beyond recovery, presents a safety problem, or causes extensive sewer problems due to tree root intrusion. 9806. PERMIT REQUIRED. No person shall plant, remove, cut any portion of or damage any city-owned tree or shrub on any public property without first obtaining a permit from the Arcadia Public Works Department. The person receiving the permit shall abide by the standards set forth in the permit, this Chapter, and all other applicable sections of this Code. The permit shall be void and of no further effect thirty (30) days from and after the date it is issued, unless a longer duration is specifically provided for when the permit is issued. 9807. PERMIT FEE. Before a permit is issued pursuant to this 4 2006 Chapter, a permit fee shall be paid to the City in accordance with the amount set forth by resolution of the city Council. 9808. BUSINESS LICENSE. No person shall engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating city-owned trees on public property, without first obtaining a business license from the City. 9809. PUBLIC WORKS DEPARTMENT EXCEPTION. The Arcadia Public Works Department shall have the right to plant, prune, maintain, remove and treat City-owned trees on all public property, without first obtaining a permit in accordance with this Chapter. 9810. TREE PLANS. The Arcadia Public Works Department shall have the right to review all plans for new development in the City and may require as a condition of approval of a project that a particular number of Street Trees of the species described in section 9811 be planted in accordance with this Chapter. 9811. STREET TREE SPECIES. The following is a list of the official species of City Street Trees. No species of Street Trees other than those listed herein may be planted on public property without the prior written permission of the Director of Public Works or his designee. Small Trees Medium Trees Bottle Brush Crepe Myrtle Wilson Holly Brazilian Pepper Camphor Carrot Wood Holly Oak Modesto Ash Southern Magnolia Queen Palm 5 Larqe Trees American Sweetgum California Live Oak Canary Island pine Canyon Live Oak Cork Oak Deodar Oak Elderman Oak Southern Live Oak Sycamore White Alder 2006 9812. TREE PLANTING REGULATIONS. The following regulations shall apply to the planting of all Street Trees. a. Unless closer spacing limitations are approved by the Arcadia Tree Commission, Small Trees shall be planted at least thirty (30) feet from other trees; Medium Trees shall be planted at least forty (40) feet from other trees; and Large trees must be planted at least fifty (50) feet from all other trees. b. No Street Tree shall be planted closer than thirty- five (35) feet from any street corner as measured from the end of the curb return. c. No Street Tree shall be planted closer than ten (10) feet from a fire hydrant. d. No Street Tree other than those species listed in this Chapter as Small Trees shall be planted within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. e. Small Trees shall be planted at least two (2) feet away from any curb or sidewalk. Medium Trees shall be planted at least three (3) feet way from any curb or sidewalk, and Large Trees shall be planted at least four (4) feet away from any curb or sidewalk. f. All Street Tree stumps and other trees on public property shall be removed at a minimum of at least one (1) foot below the surface of the soil. 6 2006 9813. TREE TOPPING. It shall be unlawful for any person, to top any street Tree or other tree on public property. Topping is defined as the severe cutting back of limbs within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other natural causes or trees under utility wires or other obstructions which cannot be removed to provide for proper pruning may be exempted from this section by the Director of Public Works or his designee. An application for an exemption from this section must be filed with the Public Works Department. 9814. ENFORCEMENT. The Director of Public Works, through the City Code Enforcement Officers, shall enforce the provisions of this Chapter. Additionally, city police officers, building inspectors and members of the Public Works Department, in the course of their duties, shall when monitoring construction activities check for compliance with the provisions of this Chapter. Any irregularities or suspected violations of this Chapter shall be reported immediately to the Code Enforcement office. 9815. CRIMINAL AND CIVIL PENALTIES. a. Criminal. Any person who violates any provision of this Chapter shall be SUbject to the following remedies in addition to misdemeanor penalties for violation of the Municipal Code. b. Restitution - civil Penalties. 7 2006 1. It has been determined that street Trees within the City are valuable environmental assets to the citizens of the community and as a result of the loss of any trees on public property, the public should be compensated, and penalties applied to assure the primary goal of conservation, protection and preservation of trees as set forth in this Chapter. 2. Accordingly, any person violating the provisions of this Chapter shall be responsible for proper restitution including, but not limited to the following or any combination thereof: a. Payment of a fine; b. Replacement of a tree which has been removed cut and/or damaged; and c. The planting of a new tree. 3. The replacement of street Trees shall be made based on the value of the actual replacement costs of the street Tree removed, cut, damaged or destroyed, whichever is higher, plus the cost of planting the replacement street Tree. The type, number, size and location of replacement street Trees shall be determined by the Director of Public Works or his designee. 4. The City Attorney shall be authorized to take whatever civil or criminal legal measures are necessary to enforce the provisions of this Chapter and to recover civil penalties. 9816. APPEAL. Any person whose application for a permit under this Part has been refused by the Director of Public Works or his designee who may consider that the provisions of this Part 8 2006 would cause a manifest injury to be done may appeal to the City Council by serving written notice on the Director of Public Works and City Clerk. The city Clerk shall at once transmit such notice to the Council for final action and decision thereon. The City Council shall, by resolution, determine the street Trees that may be planted in, upon or along any portion thereof and the distances apart at which such street Trees shall be planted. SECTION 4. That the city Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 7th day June, 1994. ATTEST: Ai) Arcadia ci 9 2006 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, city Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2006 was passed and adopted by the city Council of the city of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said Council held on the 7th day of June, 1994 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Kuhn and Young NOES: None ABSENT: Councilmember Lojeski and Margett ~ ./1) ~~'A cit erk of the . y or Arcadia 10 2006