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HomeMy WebLinkAbout1961 ORDINANCE NO. 1961 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IMPOSING AND EXTENDING A MORATORIUM ON OAK TREE REMOVAL AND DESTRUCTION IN THE CITY OF ARCADIA, AND PROHIBITING SUCH ACTION, SUBJECT TO CERTAIN SPECIFICATIONS. EXCEPTIONS AND MODIFICATION REQUIREMENTS (FOUR VOTES REQUIRED) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. FINDINGS. This Interim Urgency Ordinance is adopted to protect the public safety, health and welfare and shall take effect immediately in accordance with Arcadia City Charter Section 415 and California Government Code Section 65858. The urgency and need for this Interim Ordinance is based upon the following factors as set forth in Section 2. They relate to the growing concern regarding the removal of unique, native and large trees in the City of Arcadia and the negative impact such action can have on the City of Arcadia. An integral part of Arcadia's beauty, aesthetic features and quality is the extent of vegetation, encouraged and enhanced by the City's large lots. The subdivision of larger underdeveloped properties into residential lots has resulted in homes with front yard and rear yard areas which have been extensively developed with trees. In March 1991, the City Council directed staff to draft a city wide tree preservation ordinance. Staff's draft regulations were considered by the City Council on May 7, 1991, at which time the city Council directed initiation of a text amendment for a tree preservation ordinance which was submitted for a public hearing to 1 1961 the Planning commission on June 11, 1991. The Commission conducted a public h~aring and then continued the hearing to July 23, 1991 pending further review of the proposed ordinance by the Planning staff and interested citizen groups. Tree removal and destruction has occurred in the City, in some cases contrary to the requirements of applicable Homeowner Associations. In view of the current process of study and review of a potential tree preservation ordinance, and the process time for such an ordinance, there is concern that acts and conduct inconsistent with the current proposal may occur pending the process, and therefore maintenance of the status quo is consistent with limiting a current and immediate threat to the public health, safety and wel fare of the community. In recognition of these concerns the city Council enacted Urgency Ordinance No. 1945 on July 2, 1991 subject to additional extensions, if necessary. On November 5, 1991, the City Council directed staff to revise the proposed tree preservation ordinance and address only oak tree preservation. In order to continue the benefit and purposes of the initial moratorium applicable to oak trees only, pending processing of a permanent ordinance, this ordinance is to extend the applicable moratorium. SECTION 2. FINDINGS. a. Oak trees are a significant historical, aesthetic and ecological resource, which in some situations require preservation and propagation for the benefit of current and future residents of the City. 2 1961 b. certain oak trees have been trimmed or treated in other ways that are inconsistent with their proper maintenance and survival. c. Because of the time involved with regard legislation, and the possibility of new statutory provisions and regulations concerning oak trees, to avoid evasion of these potential laws or any action which would defeat in whole or in part the ultimate objectives of Tree Preservation and protection in the City of Arcadia, it is necessary to immediately preclude any action in conflict with the contemplated regulations and zoning proposal that is under study and review. SECTION 3. PROHIBITION. Subj ect to the exceptions and procedures set forth below, the following trees shall not be removed or cut, trimmed, pruned or damaged in such a manner so as to seriously endanger the life of such trees, except as may be provided for in this Ordinance: a. Quercus Engelmannii (Engelmann oak), or quercus agrifolia (coast live oak, California live oak) with a trunk diameter larger than four inches (4") measured at a point four and one half feet (4 1/2'), above the crown root, or two (2) or more trunks measuring three inches (3") each or greater in diameter, measured at a point four and one half feet (4 1/2'), above the crown root, b. Any other living oak tree with a trunk diameter larger than twelve inches (12") measured at a point four and one half feet (4 1/2'), above the crown root, or two (2) or more trunks measuring ten inches (10") each or greater in diameter, measured at a point 3 1961 four and one half feet (4 1/2'), above the crown root. Reference to "tree" in this Ordinance shall mean Oak tree as described in a and b above. The provisions of this Ordinance shall apply to the above trees on all public and private property whether vacant, undeveloped, in the process of development or developed. EXCEPTIONS: The following are exempt from the provisions of this Ordinance. l. Development projects which have received the approval of a Homeowner's Association, an Administrative Modification, the Modification Committee, the Planning Commission or the City Council, or which have been submitted to the Building Department for plan check prior to the effective date of this Ordinance. 2. Cases of emergency where the Director of PUblic Works, or any member of a law enforcement agency of the City of Arcadia Fire Department, in the performance of his or her duties, determines that a tree poses an imminent threat to the public safety, or general welfare. 3. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the Director of Public Works. 4. Actions taken for the protection of existing electrical power or communication lines or other property of a public utility. 5. Trees planted, grown or held for sale by licensed nurseries or the removal or transplanting of same pursuant to, and as a part of, the operation of a, licensed nursery business. 4 1961 6. Removal of trees on City or Agency (ARA) owned property, which in the opinion of the Director of Public Works, will cause damage to existing public improvements, constitute a dangerous condition, or which are in a location which does not permit the development of the site for public purposes. 7. Removal of trees on Arcadia Redevelopment Agency owned property, which, in the opinion of the Executive Director of the Arcadia Redevelopment Agency, are in a location which does not permit the development of the site. 8. The pruning or trimming of any tree, which does not endanger the life of the tree. The removal of deadwood. 9. Live limbs or branches that are considered to be unsafe because of decay, rot, cavities, cracks or splitting. MODIFICATION: During the effective period of this Ordinance an application for the removal of a tree may be made by following the same procedure, time limits and forms as used for applications for Modification applications which are submitted to the Modification Committee. There shall be no fee for the application. As a part of the application review process, the applicant shall submit as a minimum, data regarding genus and/or species, age, size (including canopy, caliper, trunk and height), relative health of the tree for which removal is being requested. Information showing the proposed development or need for the proposed removal shall also be provided. The determination by the Modification Committee, shall be 5 1961 based on the following criteria: l. TQe condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure or other trees which may be adversely effected by the retention of said tree; 2. The necessity to remove a tree in order to construct improvements which allow economic enjoyment of the property; 3. The recommendation of the Architectural Review Board (Committee) of the Homeowner Association shall be considered whenever a tree is proposed to be removed within the association's jurisdiction. The Modification committee may approve, conditionally approve, or deny the application. Appeals to the Modification Committee's decision may be made to the Planning commission and subsequently to the City Council in the same manner as is a Modification application. There is no fee for the appeal, The Modification Committee'S, Planning Commission's or City council's approval or conditional approval shall become null and void if not utilized within one (1) year from the date of their approval or conditional approval. SECTION 4. VIOLATIONS AND REMEDIES. a. Misdemeanor. No person shall violate any provision, or fail to comply with any of the requirements of this Interim Urgency ordinance. Any person violating any of the provisions of failing to comply with any of the mandatory requirements of this Interim 6 1961 Urgency Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this Interim Urgency ordinance shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city jail or county jail for a period not exceed six (6) months. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Interim Urgency Ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. b. Nuisance. In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist in violation of any of the provisions of this Interim Urgency Ordinance shall be deemed a public nuisance and may be, by the ci ty, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. c. Civil Penalties. In order to assure compliance with this Interim Urgency ordinance, and to avoid the negative consequence of actions that are inconsistent with its terms, any person, firm, or entity responsible for any acts that violate this Interim Urgency Ordinance may be assessed a penalty in an amount that approximates the replacement value of the damaged or removed tree, unless such person, firm, or entity replaces said tree in a form, time and manner satisfactory to the City Directors of Planning and Public Works, after written notice of penalty assessment by the city. Such assessment shall be determined by the City Planning Director and shall be applied after review at a noticed office 7 1961 conference with the responsible parties conducted by the City Attorney. Failure to appear at the office conference shall be deemed a waiver of participation and shall not preclude application of the assessment. d. Enforcement. The city Attorney is authorized to initiate and pursue any appropriate civil actions and remedies including injunctive relief and mandamus actions to assure compliance with and enforcement of this Interim Urgency Ordinance. This includes a civil action to recover the penalty assessment set forth in subsection 4(c) above. This assessment shall be deemed delinquent if not paid within ten (lO) days of the date of assessment. SECTION 5. SEVERABILITY, If any section, subsection, sentence, clause, phrase or portion of this Interim urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this Interim urgency Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6. PENDING PROSECUTION. Neither the adoption of this Interim Urgency Ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective 8 1961 date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or security deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 7. EFFECTIVE DATES. This Interim Urgency Ordinance shall take effect immediately upon its adoption and shall be of no further force and effect four (4) months from its date of adoption, unless terminated prior to that time by appropriate action of the city Council. SECTION 8. That the City Clerk shall certify to the adoption of this Interim urgency Ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this l7th day of December, 1991. ~ ~ City of Arcadia ATTEST: cit 9 1961 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. 1961 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,l7th day of December ,l99l and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: NOne ~ f Arcadia ci 10 1961