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ORDINANCE NO. 1945
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARCADIA, CALIFORNIA, IMPOSING A
MORATORIUM ON 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
the Planning Commission on June 11, 1991. The Commission conducted
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a public hearing 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 welfare of the community.
SECTION 2. FINDINGS.
a, Trees are a significant aesthetic and ecological resource,
which in some situations require preservation and propagation for
the benefit of current and future residents of the city.
b, Trees help mitigate soil erosion and air pollution, and
generally preserve and enhance property values by conserving and
emphasizing the aesthetic characteristics of Arcadia.
c. certain species of trees such as certain oak trees have
been trimmed or treated in other ways that are inconsistent their
proper maintenance and survival.
d, Related to the Finding set forth above, the City Council
directed a review and study of Tree Preservation, and the
initiation of a text amendment which is currently going through the
legislative process. Because of the time involved with regard to
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study and legislation, and the possibility of new statutory
provisions and regulations concerning 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:
1. Any quercus Engelmannii (Engelmann oak), or quercus
agrifolia (coast live oak, California live oak) located any where
on a lot, with a circumference larger than twelve and one half
inches (12 1/2"), measured at a point four and one half feet (4
1/2") above the crown root.
2. Any other oak tree, located any where on a lot, with a
trunk circumference larger than thirty-eight inches (38"), measured
at a point four and one half feet (4 1/2'), above the crown root,
or in the case of a tree with more than one (1) trunk, any such
tree with a circumference of any two (2) trunks of at least forty-
five inches (45"), measured at a point four and one half feet (4
1/2'), above the crown root.
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3. Any platanus racemosa (California Sycamore), sambucus
caerulea (Blue Elderberry), populus fremontii (Fremont cottonwood)
or salix (willow) located any where on a lot, with a trunk
circumference larger than nineteen inches (19"), measured at a
point four and one half feet (4 1/2') above the crown root, or in
the case of a tree with more than one (1) trunk, any such tree with
a circumference of any two (2) trunks of at least twenty-four
inches (24"), measured at a point on the tree which is four and one
half feet (4 1/2') above the crown root.
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.
1. 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.
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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 ~emoval or transplanting of same pursuant to, and
as a part of, the operation of a licensed nursery business.
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.
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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
based on the following criteria:
1. The 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.
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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
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
City, 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
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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
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 (10) days of the date of assessment.
SECTION 5, SEVERABILITY. If any section, subsection,
sentence, clause, ph~~se 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
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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. Nei ther 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
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 6. EFFECTIVE DATES. This Interim Urgency Ordinance
shall be of no fu~ther force and effect forty five (45) days from
its date of adoption, subject to being extended for an additional
period of time following a noticed public hearing.
SECTION 7. This Interim Urgency Ordinance shall take effect
immediately upon its adoption.
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.
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Passed, approved and adopted this 2ndday of July
, 1991.
ATTEST:
ci
J
of Arcadia
lerk of
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. 1945 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 2nd day of July , 1991 and that said
Interim Urgency Ordinance was adopted by the following vote, to
wit:
AYES: Councilmember Ciraulo, Fasching, Young and Harbicht
NOES: None
ABSENT: Councilmember Gilb
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f Arcadia
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