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HomeMy WebLinkAbout2153 ORDINANCE NO. 2]53 AN ORD]NANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ART]CLE IX, CHAPTER 8 OF THE ARCADIA MUNICIPAL CODE REGARDING THE CITY'S COMPREHENSIVE TREE MANAGEMENT PROGRAM THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDA]N AS FOLLOWS: SECTION 1. Section 9802(f) of Article IX. Chapter 8 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9802 (f). Street Trees. "Street trees" means each of those trees listed in the City of Arcadia Street Tree Master Plan, as it is adopted and may be amended by resolution of the City Council from time-to-time, and which are planted within public rights-of-way in the City." SECTION 2. Article IX, Chapter 8 of the Arcadia Municipal Code is hereby amended by deleting Section 9804 and by substituting therefor a new Section 9804 to read in its entirety as follows: "9804. STREET TREES--REMOV AL. Street trees may be removed either by the City or by the owner of real property adjacent to the street tree only under the circumstances and in accordance with the tree removal policy, as set forth in the City of Arcadia Street Tree Master Plan, as it is adopted and may be amended from time-to-time by resolution of the City Council." 2153 SECTION 3. Article IX, Chapter 8 of the Arcadia Municipal Code is hereby amended by deleting Section 9807 and by substituting therefor a new Section 9807 to read in its entirety as follows: "9807. FEE. A property owner who requests removal of a street tree shall pay to the City the actual costs of street tree removal and replacement. Before a street tree is removed pursuant to this Chapter at the request of a property owner, the property owner shall submit to the City a deposit equal to the amount determined by the Director of Public Works to be the estimated cost to remoye and replace the street tree (depending on size of the tree and other parameters that may impact the ability to remoye/replace the tree). Following completion of street tree removal and replacement, the Director of Public Works will refund to the property owner any portion of the deposit which exceeds the actual costs of the street tree remoyal and replacement. In the event that the actual cost of street tree remoyal and replacement exceeds the amount of the deposit, the property owner shall promptly pay to the City the difference upon receipt of billing from the City." SECTION 4. Article IX, Chapter 8 of the Arcadia Municipal Code is hereby amended by deleting Section 9811 and by substituting therefor a new Section 9811 to read in its entirety as follows: 2153 2 "9811. STREET TREES SPECIES. Street trees shall consist of those species set forth in the Street Tree Master Plan, as it is adopted and may be amended from time-to-time by resolution of the City Council." SECTION 5. Article IX, Chapter 8 of the Arcadia Municipal Code is hereby amended by deleting Section 9812 and by substituting therefor a new Section 9812 to read in its entirety as follows: "9812. TREE PLANTING REGULATIONS. Wheneyer trees are planted within the public right-of-way. such planting shall adhere to those tree planting regulations set forth in the Street Tree Master Plan as it is adopted and may be amended from time-to-time by resolution of the City C '1" ounCl. SECTION 6. Article IX, Chapter 8 of the Arcadia Municipal Code is hereby amended by deleting Section 9816 and by substituting therefor a new Section 9816 to read in its entirety as follows: "9816. APPEAL. Any aggrieved property owner who requests removal of a street tree may appeal a decision of the Director of Public Works Services by filing a written notice of appeal with the City Manager. The appeal shall be heard by the City Manager who may affirm, amend or reverse the decision or take other action deemed appropriate. 2153 3 Any decision by the City Manager shall be in writing and shall be provided to the appellant within thirty (30) days of the filing of the written appeal. In determining the appeal, the City Manager may consider all releyant evidence bearing on the appeal and shall not be limited by technical rules of evidence." SECTION 7. 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 19th day February, 2002. ~uLt7e ~ Mayor of t e c\)I of Arcadia ATTEST: /.<<-<.-><-<-..0 A , I eJ.c9 Clerk APPROVED AS TO FORM: ~~p. ~1 City ttorney 2153 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2153 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 19th day of February, 2002 and that said Ordinance was adopted by the following Yote, to wit: AYES: Councilmember Chandler, Chang, Koyacic, Marshall and Segal NOES: None ABSENT: None to 5 2153