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Home My WebLink About2207 ORDINANCE NO. 2207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 7 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE REGARDING THE PRESERVATION OF OAK TREES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 9701, 9704 and 9705 of Chapter 7 of Article IX of the Arcadia Municipal Code are amended to read as follows: 970 I. 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: A. Combined Permit. An Oak Tree Removal Permit is not required where tree removal and/or" encroachment 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. 2207 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 that 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 that, 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. 9704. APpLICATION 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 Community Development Division, 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. 1. An application for an Oak Tree Permit for the removal of a healthy oak tree shall be made to the Community Development Division. The content, form, instructions, procedures, and requirements of the application package deemed necessary and appropriate for the proper enforcement of this Chapter shall be -2- Ord. No. 2207 established by the Community Development Division. 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, (d) a fee in the same amount as required for a Modification application. C. Oak Tree Permit for Encroachment Into a Protected Zone. 1. An application for an Oak Tree Permit for Encroachment Into a Protected Zone shall be made to the Community Development Division, and shall include an evaluation from a Certified Arborist as to the condition of the tree and the effect of the encroachment upon the tree accompanied by the appropriate photographs showing the area(s) of encroachment. 2. A fee in the same amount as required for an Administrative Modification application shall be submitted at the time said application is filed with the City. 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 Community Development Administrator or his/her designee shall have five (5) working days to approve, conditionally approve, or deny the application. 2. If the Community Development Administrator or his/her designee denies such application, the decision may be appealed to the Modification Committee. Such' appeal shall be processed pursuant to the modification -3- Ord. No. 2207 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 ifnot utilized within one (I) year from the date of the approval. B. Oak Tree Permit for the removal of healthy oak trees. I. The application for an Oak Tree Permit for the removal of a healthy oak tree or trees shall be subject to the approval or conditional approval of the Modification Committee or the Planning Commission (on appeal) or City Council (on appeal) pursuant to the modification regulations. 2. If the applicant lives within a Homeowners Association area established pursuant to Section 9272.2.3 of the Arcadia Municipal Code, the applicant shall submit their tree removal 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. 3. The Architectural Review Board's (Committee's) review and comment are not required if the Homeowners Association has filed a letter with the Community Development Division stating that their Association does not wish to perform such review. 4. The privileges granted an applicant in this Section shall become null and void ifnot utilized within one (1) year from the date of the approval or conditional approval. C. Oak Tree Permit for Encroachment Into a Protected Zone. 1. Upon the receipt of an application to encroach into the protected zone of an oak tree, the Community Development- Administrator or his/her designee shall -4- Ord. No. 2207 have five (5) working days to approve, conditionally approve, or deny the application. 2. If the Community Development Administrator or his/her designee denies such application or approves said application with conditions, the applicant may appeal the denial or the conditions of approval 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 ifnot utilized within one (1) year from the date of the approval. SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy or summary of the same to be published in the official newspaper of said City within fifteen (15) days of its adoption. This Ordinance shall take effect thirty-one (31) days after its adoption. [SIGNATURES ON NEXT PAGE] -5- Ord. No. 2207 Passed, approved and adopted this 5th day of July ,2005. ATTEST: M or of the City of Arcadia City Cler APPROVED AS TO FORM: ~r.~ Step en P. Deitsch City Attorney -6- Ord. No. 2207 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2207 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 5th day of July, 2005 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmember Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None vi: [ City Clerk of the City of Arcadia 7 2207