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ORDINANCE NO. 1962
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADDING A
CHAPTER 7 TO ARTICLE IX OF THE ARCADIA
MUNICIP AL CODE REGARDING THE
PRESERV A nON OF OAK TREES
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. That a new Chapter 7 be added to Article IX of the Arcadia
Municipal Code to read as follows:
CHAPTER 7.
OAK TREE PRESERVATION
9700, INTENT AND PURPOSE. This Chapter is established to recognize oak
trees as significant aesthetic and ecological resources and to create favorable
conditions for the preservation and propogation of irreplaceable plant
heritage for the benefit of the current and future residents of the City. It is the
intent of this Chapter to maintain and enhance the public health, safety and
welfare through the mitigation of soil erosion and air pollution, 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.
9701. SCOPE, No oak tree shall be removed, damaged or have its protected
zone encroached upon except in conformance with the provisions of this
Chapter. The provisions of this Chapter shall apply to all oak 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
Chapter:
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1962
a, Combined Permit. An Oak Tree Removal Permit is not required
where tree removal has been specifically approved as part of a
development permit,
b. Emergency Situation, Cases of emergency where the Director of
Public Works, or any member of a law enforcement agency or
the City of Arcadia Fire Department, in the performance of his or
her duties, determines that an oak tree poses an imminent
threat to the public safety, or general welfare.
c. Visual Barriers, Removal or relocation of oak trees necessary to
obtain adequate line-of-sight distances as required by the Director
of Public Works,
d, Public Utility Damage. Actions taken for the protection of
existing electrical power or communication lines or other
property of a public utility,
e, City Property, Removal of oak trees on City owned property,
which in the opinion of the Director of Public Works, will cause
damage to existing public improvements, or which are in a
location which does not permit the development of the site for
public purposes.
f, Arcadia Redevelopment Agency Property, Removal of oak 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.
9702, DEFINmONS, For the purposes of this Article, certain words and
phrases used herein shall be defined as follows:
a, Damage, Damage shall mean any action undertaken which
causes injury, death, or disfigurement to an oak tree, This
includes, but is not limited to, cutting, poisoning, overwatering,
relocating or transplanting an oak tree, or trenching, excavating
or paving within the protected zone of an oak tree,
b. Director. In a matter involving private property, "Director"
shall mean the Director of Planning of the City of Arcadia or
appointed designee, In the matter involving public property,
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1962
"Director" shall mean the Director of Public Works of the City of
Arcadia or appointed designee,
c. Drip line. Drip line shall mean a series of points formed by the
vertical dripping of water, on any property, from the outward
branches and leaves of an oak tree,
d. Encroachment. Encroachment shall mean any intrusion into
the protected zone of an oak tree including, but not limited to,
grading, excavation, trenching, parking of vehicles, storage of
materials or equipment, or the construction of structures or
other improvements,
e, Oak Trees, Oak trees shall include the following:
1. 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 (41/2'), above the crown root.
2, any other living oak tree with a trunk diameter larger
than twelve inches (12") measured at a point four and one
half feet (41/2'), above the crown root, or or two (2) or
more trunks measuring ten inches (10") each or greater in
diameter, measured at a point four and one half feet (4
1/2'), above the crown root,
f. Private property, Private property shall mean land owned by
individuals, partnerships, corporations, firms, churches, and the
like to which land access by the public is generally restricted,
g, Protected Zone, Protected zone shall mean a specifically defined
area totally encompassing an oak tree within which work
activities are strictly controlled, When depicted on a map, the
outermost edge of the protected zone will appear as an irregular
shaped circle that follows the contour of the dripline of the oak
tree. In no case shall the protected zone be less than fifteen feet
(15') from the trunk of an oak tree, or exclude the known root
structure in the case of irregularly shaped trees..
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1962
h. Public property. Public property shall mean land owned by a
public or governmental entity and generally accessible to the
public,
i. Removal. Removal shall mean the uprooting, cutting, or
severing of the main trunk, or major branches, of an oak 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. Damage inflicted upon the root system by machinery,
storage of materials, or soil compaction;
2. Substantially changing the grade above the root system or
trunk:
3, Excessive pruning;
4. Excessive paving with concrete, asphalt, or other
impervious materials in such a manner which may be
reasonably be expected to kill an oak tree,
5, Excessive watering within the dripline.
6, Encroachment into the protected zone,
j, Root crown, Root crown shall mean that portion of an oak tree
trunk from which roots extend laterally into the ground,
k. Undeveloped property, Undeveloped property shall mean land
which is in its natural, original, or pristine state.
1. Vacant property, Vacant property shall mean land on which no
buildings or improvements have been erected or orchards
planted but which may have been graded for drainange or other
purposes,
9703, OAK TREE PROTECTION REGULATIONS,
a. Oak Tree Permit Required.
1. An Oak Tree Permit shall be obtained prior to the
removal of any oak tree,
2, An Oak Tree Permit shall be obtained prior to any
encroachment into the protected zone of any oak tree,
b. Required Protective Measures.
The following protective measures are hereby established to
protect oak trees during development or construction activity:
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1962
"
1. No building, structure, wall or impervious paving shall
be located within the protected zone of any oak tree,
2, No construction related activities shall occur within the
protected zone of any oak tree, including but not limited
to, building construction, storage of materials, grade
changes, or attachment of wires to or around tree trunks,
stems, or limbs.
3. Each and every oak tree shall be shielded from damage
during construction by a four (4) foot high barrier
composed of wooden stakes, chicken wire, or chain link
fencing material, which shall enclose the entire dripline
area on the construction site. Such barriers shall be
installed prior to the commencement of any development
on the site and shall remain in place throughout the
construction period,
4, Branches that may be injured by vehicles or that interfere
with construction shall be pruned carefully,
9704. APPLICA nON AND FEES,
a, Oak Tree Permit for the removal of diseased and/or hazardous
oak trees,
1. An application for an Oak Tree Permit for the removal of
a diseased or hazardous oak tree shall be made to the
Planning Department, and shall include an evaluation
from a Certified Arborist as to the condition of the tree,
2. There is no fee for an Oak Tree Permit for the removal of
a diseased or hazardous oak tree,
b. Oak Tree Permit for the removal of healthy oak trees and/or the
encroachment into a protected zone,
1, An application for an Oak Tree Permit for the removal of
a healthy oak tree and/or the encroachment into a
protected zone, shall be made to the Planning
Department. The content, form, instructions, procedures,
and requirements of the application package deemed
necessary and appropriate for the proper enforcement of
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1962
this Chapter shall be established by the Planning
Department. The application shall include:
(a) an explanation as to the why the tree's removal is
necessary,
(b) an explanation as to why tree removal is more
desirable than alternative project designs,
(c) an explanation of any mitigation measures,
9705. ACTION ON APPLICATION
a. Oak Tree Permit for the removal of diseased and hazardous oak
trees,
1. Upon the receipt of an application to remove a diseased or
hazardous oak tree, the Director of Planning shall have
five (5) working days to approve or deny the application,
2, If the Director of Planning denys such application, the
decision may be appealed to the Modification Committee,
Such appeal shall be processed pursuant to the
modification regulations, The fee for an appeal shall be
the same as for a Modification application,
3, The privileges granted an applicant in this Section shall
become null and void if not utilized within one (1) year
from the date of the approval.
b. Oak Tree Permit for the removal of healthy oak trees and/or the
encroachment into a protected zone,
1. The application for an Oak Tree Permit for the removal of
, healthy oak trees and/or the encroachment into a
protected zone, shall be subject to the approval of by the
Modification Committee or the Planning Commission
(on appeal) or City Council (on appeal) pursuant to the
modification regulations,
2, The fee for an Oak Tree Permit for the removal of a
healthy oak tree and/or the encroachment into a protected
zone shall be the same as for a Modification application,
3. If the applicant lives within a Homeowners Association
area established pursuant to Section 9272,3., of the Arcadia
Municipal Code, the applicant shall submit their tree
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1962
removal or encroachment plans to the Architectural
Review Board (Committee) of said Homeowners
Association for review and approval, conditional
approval or denial, prior to filing an application with the
City,
4, The Architectural Review Board's (Committee's) review
and comment are not required if the Homeowners
Association has filed a letter with the Planning
Department stating that their Association does not wish to
perform such review,
5. The privileges granted an applicant in this Section shall
become null and void if not utilized within one (1) year
from the date of the approval or conditional approval.
9706, CONDmONS. Conditions may be imposed on the Issuance of an Oak
Tree Permit including, but not limited to, the following:
a, Relocating of oak trees on-site, or th~ planting of new oak trees,
b. Planting of additional trees, other than oak which may be more
appropriate to the site,
9707. ENFORCEMENT,
a, The Planning Department, through its Code Enforcement
Officers, shall enforce the provisions of this Chapter,
Additionally, Police Officers, inspectors from the Building
Division and Public Works Department, in the course of their
duties, will monitor construction activities for compliance with
the provisions of this Chapter, Any irregularities or suspected
violations will be reported immediately to the Code
Enforcement Division for follow-up action,
b. Whenever any construction or work is being performed contrary
to the provisions of this Chapter, any Oak Tree Permit, or any
conditions of the appropriate development permit, a City
inspector may issue a notice to the responsible party to "stop
work" on the project on which the violation has occured or
upon which the danger exists, The notice shall state the nature
of the violation or danger and no work shall be allowed until
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1962
the violation has been rectified and approved by the Director of
Planning.
c. Criminal and Civil Remedies,
1. Criminal
Any person who violates any provisions of this Chapter
including violations of inspector's orders shall be subject
to the following remedies in addition to misdeameanor
penalties for violation of the Municipal Code.
2, Restitution - Civil Penalties
(a) It has been determined that the oak trees within the
City are valuable environmental assets to the
citizens of this community and as a result of the
loss of any of these oak trees, the public should be
recompensed, and penalties applied to assure the
primary goal of conservation, protection, and
preservation of oak trees as set forth in this
ordinance.
(b) 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: 1) payment
of a fine, 2) replacement the oak tree, which has
been removed, and/or 3) planting new oak trees or
other trees which may be more appropriate to the
site, Replacement shall be made based on the value
or the actual replacement cost, whichever is higher,
plus the cost of planting the replacement trees, The
type, number, size and location of said equivalent
replacement trees shall be determined by the
Director of Planning,
(c) Tree values shall be established as provided in the
tree evaluation formula, as prepared by the
International Society of Arboriculture "Guide to
Establishing Value for Trees and Shrubs".
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1962
(d) The City Attorney is authorized to take whatever
legal steps are necessary for recovery of civil
penalties,
c, Administrative remedies.
1. A suspension of any building permits until all mitigation
measures specified by the City are satisfactorily completed,
2. Completion of all mitigation measures as established by
the City,
9708, LIABILITY, Nothing in this ordinance shall be deemed to impose any
liability upon the City, its officers, or employees. No duty of care or
maintenance is imposed upon the City, its officers or employees with
reference to private property, and no private property owner or other person
in posession of private property is relieved from the duties to keep oak trees
in a safe condition on their property, This ordinance does not relieve the
owner or possessor of private property from the duty to keep oak trees subject
to this ordinance in such a condition as to prevent the oak tree from
constituting a hazard or dangerous condition to per~ons or property,
SECTION 2. SEVERABILITY, If any section, subsection, sentence,
clause, phrase or portion of this 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 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 3. REPEAL OF URGENCY ORDINANCE. Upon the effective
date of this Ordiinance, the urgency moratorium Ordinance No 1961 is
deemed repealed and of no further force and effect.
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1962
SECTION 4. That the City Clerk shall certify to the adoption of this
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 2}.st
Mayor of the City of Arcadia
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE 0, ALFORD, City Clerk of the City of Arcadia, hereby certify
that the foregoing Ordinance No, 1962 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 on the 2lstday of' January and that
said Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Fasching, Young and Gilb
NOES: None
ABSENT: Councilmember Harbicht
AD
Cit
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