HomeMy WebLinkAboutMarch 19, 1991.. 0 •
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A G E N D A
ARCADIA CITY COUNCIL
MARCH 19, 1991
INVOCATION ACTION
PLEDGE OF ALLEGIANCE
ROLL CALL: Council Members Ciraulo, Fasching, Gilb,
Harbicht and Young Harbicht Excused Absence
MINUTES of the adjourned and regular meetings of
March 5, 1991 Approved
MOTION: Read all ordinances and resolutions by title
only and waive reading in full. Adopted
1. PUBLIC HEARING
Consideration of an appeal of the Planning
Commission's approval of Tentative Parcel Map
90 -014, consolidating 118 lots into 13 lots;
12 lots along Clark Street and one lot which is
a back lot having no street frontage (City
of E1 Monte, appellant, Edward Hartman &
Associates, the engineer representing Continued to 4/16/91
Livingston- Graham, owner).
2. BOARDS AND COMMISSIONS
Recommendation from Senior Citizens' Commission to
apply for 91/92 Title III Grant Funds. Approved
3. Time reserved for those in the audience who
wish to address the City Council (five- Bob Burns
minute time limit per person).
AGENDA 3/19/91
4.
RECESS CITY COUNCIL
ACTION
5.
MEETING OF THE
ARCADIA REDEVELOPMENT AGENCY
regulations, creating five special height
a. ROLL CALL:
Agency Members Ciraulo, Fasching,
overlay zones and adding regulations to
Gilb, Harbicht and Young
Harbicht Excused Absence
building which exceeds the height limits
b. MINUTES of
the meeting of March 5, 1991
Approved
C. Request to
contract for Phase I Environmental
C.
Recommendation for acceptance of public
Assessment
(233 N. First Avenue):
Approved
d. Request to
approve agreement for purchase
d.
Recommendation for approval of plans and
and sale of
property and settlement of
specifications and authorization to call for
claims (Seven
Seas Health Products Co.).
Approved
Las Tunas Drive and Live Oak Avenue.
e. ADJOURN to
7:00 p.m., April 2, 1991
Recommendation for acceptance of public
6.
COUNCIL
RECONVENE CITY
7.
CONSENT ITEMS
a. Consideration of Text Amendment 91 -002,
amending the real estate signs in the R -M
and R -0 single - family zones and adding
sign regulations to R -1 zone (to be con-
sistent with the R -0 regulations - PUBLIC
HEARING TO BE SCHEDULED). Public Hearing 4/2/91
b.
Consideration of Text Amendment 91 -003,
amending the "H" High Rise Overlay zoning
regulations, creating five special height
overlay zones and adding regulations to
require a Conditional Use Permit for any
building which exceeds the height limits
of the basic underlying zone .(PUBLIC
HEARING TO BE SCHEDULED).
Public Hearing 4/2/91
C.
Recommendation for acceptance of public
improvements - Tract No. 45966 - Derek
Drive.
Approved
d.
Recommendation for approval of plans and
specifications and authorization to call for
bids for modification of traffic signals on
Las Tunas Drive and Live Oak Avenue.
Approved
e.
Recommendation for acceptance of public
improvements - Tract No. 46221 - Connie
Rae Way.
Approved
-2- AGENDA 3/19/91
7.
L
9.
0
CONSENT ITEMS (continued)
f. Recommendation to approve letter
Water District opposing the Upper
Municipal Water District's action
allotments.
6
to Metropolitan
San Gabriel
on water
g. Report and recommendation for the purchase
of furniture for the Senior Citizen Center
and the Recreation Department.
h. Report and recommendation to purchase a new
pumper for the Fire Department.
CITY MANAGER
a. Report on tree preservation.
b. Arcadia Historical Society request to share
cost of historic "Route 66" signing.
CITY ATTORNEY
a. ORDINANCE NO. 1932 - For Adoption - Amending
Sections 4112.1, 4113.9, 4113.10, 4113.11,
4113.12, 4113.13, 4113.15, 4113.16, 4113.17,
4113.18, 4113.19, 4124.1.3, 4124.2, 4131.5,
4131.6, 4131.7, 4133, 4133.1, 4133.2,
4133.3, 4133.4, 4133.6, 4133.8 and 4133.8.1
of the Arcadia Municipal Code to increase
the cost of impound fees and vaccination
requirements, deleting Division 3, of Part 3
of Article IV regarding impound fees and
deleting Section 4113.9 authorizing sale of
animals to research institutions.
ACTION
Approved
Approved
Approved
Report to Council 5/7;
draft to Council in
4/25 Newsletter
Approved City to pay for
all signs; Lopez to
coordinate
Adopted
b. ORDINANCE NO. 1933 - For Introduction -
Approving Text Amendment 91 -001 revising the
rear setback requirements for commercial
and industrial buildings in the C -0, C -1,
C -2 and C -M zones. Introduced
C. RESOLUTION NO. 5574, approving the application
for bicycle and pedestrian facilities funds
authorized under SB 821. Ado
-3- AGENDA 3/19/91
r'
E
CITY ATTORNEY (continued)
d. RESOLUTION NO. 5575, approving and authorizing
a rate change for G & S Towing (City contract
for Police towing). Adopted
e. Claim of A. M. Harpel Denied
f. Claim of G. K. Holcomb Denied
10.
MATTERS
FROM STAFF
11.
MATTERS
FROM ELECTED
OFFICIALS
12.
ADJOURN
to 7:00 p.m.,
April 2, 1991
ACTION
Miller - Provide liability waiver to Senior Citizen Center
contractor're: Hard Hat Party 4/11/91.
Lopez - Report re: cost of American flags and locations
in City.
-4- AGENDA 3/19/91
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MARCH 19, 1991
TO: CITY COUNCIL
FROM: PLANNING DEPARTMENT
WILLIAM WOOLARD, DIRECTOR OF PLANNING
SUBJECT: TREE PRESERVATION REPORT
SUPPLEMENTAL REPORT
BACKGROUND
The City Council at its March 5, 1991 meeting reviewed and discussed the
Planning Department's "Tree Preservation Report ". The Council gave
direction to staff to look into the identification and preservation of
endangered species and other trees which are unique and /or indigenous
(native) to the area, and potential penalties.
ENDANGERED INDIGENOUS TREE
The Quercus Engelmannii (Engelmann Oak), is considered to be California's
rarest White Oak, and inhabits the smallest range of any oak tree in the
south - western United States. This tree has been pretty well eliminated in the
foothills of the San Gabriel Mountains through development. However,
there are a few of these trees remaining on some of the larger lots, particularly
north of Foothill Blvd. Regardless of where this tree is located on a lot, it
should be singled out for preservation wherever possible. If retention is not
possible, a replacement requirement should be considered.
INDIGENOUS TREES
Based on information from David Lofgren, Plant Information, at the Los
Angeles State & County Arboretum, other indigenous trees include Quercus
agrifolia (coast live oak, California live oak, Platanus racemosa (California
Sycamore), Sambucus caerulea (Blue Elderberry), Populus fremontii (Fremont
Cottonwood), and the Salix (Willow). Except for the oak, these trees are
generally located in moist areas. The number of these trees remaining within
the City is not known. These trees should be preserved in front yards and in
street side yards on corner lots. In rear yards, interior side yards and
elsewhere on the lot, these trees could be removed however, the adoption of
a replacement requirement should be considered.
Tree Preservation Report
March 19, 1991
LASER IMAGED
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PENALTIES
There are a number of penalties which may be imposed for unauthorized tree
removal including the following:
1. Currently, in Arcadia, illegal tree removal may be treated as a
misdemeanor and subject to a fine of not more than $500 (per
violation per City Charter limitation) and /or no more than six
months in jail. It is also possible that the court could subject a
guilty party to a Probationary Order and require that the party to
take other actions such as replacement etc. which would serve to
mitigate the damage which may have been done. The City
Attorney is also reviewing the possible imposition of civil
penalties which could be in the form of an assessment related to
the damage caused, which could be more than $500.
2. Examples of penalties from other cities include:
a/ Misdemeanor penalties for each day of violation of $1,000
and /or six months in jail (i.e. Thousand Oaks).
b. / Misdemeanor and, if applicable, suspension of building
permit (i.e. Santa Clarita).
C. Misdemeanor penalties and /or also subject to abatement,
warning or corrective action as determined by the Council
(i.e. Ojai).
Penalties beyond the current misdemeanor provisions could be incorporated
into a tree preservation ordinance.
OTHER ISSUES
TREES WHICH ARE NOT INDIGENOUS
Most of the trees within Arcadia are not indigenous. Some of the larger trees
which are not indigenous include pine, magnolia, and liquidambar. The
removal of these trees, within four of the five homeowner associations areas,
is subject to the association's review and approval. Other large trees which
are not indigenous include deodar, elm, and palms.
Tree Preservation Report
March 19, 1991
LASER Jaa
HOMEOWNER ASSOCIATION AUTHORITY
The homeowner association design overlay regulations only address tree
"removal" and do not address trimming or other activities (i.e. foundations,
slabs, building walls, etc.) which may result in the loss of the tree.
In some cases the homeowner associations have 1) required tree replacement,
2) transplantation at considerable expense (i.e. $30,000), and 3) have
conditioned plans on "no removal of any tree of any kind ". The last
condition clearly goes beyond the authority granted by the Council for the
protection of the specified trees.
City and homeowner association review and approval authority should not
over lap. If a tree, such as an oak, is going to be protected by City regulations,
the homeowner associations should not also have approval authority over
said tree(s). However, the associations could review the proposed removal
and make recommendations for the City to consider.
ILLEGAL TREE REMOVAL
Illegal tree removals which occur over the weekend will continue to be a
problem regardless of the regulations which may be adopted. If notified in
time, the police will stop such tree removal. However, often the trees have
been cut down before the police are notified. Prosecution may be made
difficult since once a tree(s) is removed it is very difficult to establish its
species, size and the number of trees removed.
Attached is a copy of the Council's March 5th agenda material pertaining to
tree preservation.
Tree Preservation Report
March 19, 1991
Page 3
LASER 1MAGFr) 4 ,
March 5, 1991
TO: ARCADIA CITY COUNCIL
FROM: PLANNING DEPARTMENT
DONNA L. BUTLER, ASSISTANT PLANNRVG DIRECTOR
SUBJECT: ADDENDUM TO THE MARCH 5
TREE PRESERVATION REPORT
Attached for the City Council's review and consideration are: (1) the March 5
Tree Preservation staff report; and (2) a memo dated February 22 from the
Arcadia Beautiful Commission commenting on the Tree Preservation report.
The Arcadia Beautiful Commission at its February meeting reviewed the
report and has made the following recommendation:
That the City adopt a tree ordinance saving all "mature trees more than
10' -0" tall or more than four inches (41 in diameter measured 3 1/2
feet above ground."
LASER IMAGED , ,s
March 5, 1991
TO: ARCADIA CITY COUNCIL
FROM: PLANNING DEPARTMENT
WILLIAM WOOLARD, DIRECTOR OF PLANNING
DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR
WILLIAM STOKES, ASSISTANT PLANNER
SUBJECT: TREE PRESERVATION REPORT
BACKGROUND
The City Council has directed staff to look into possible requirements which would
further strengthen tree preservation activities. As trees have matured throughout
the City, their importance in contributing to the quality and character of the City has
increased. The recently adopted General Plan acknowledges this growing
importance and states in the Land Use Element as an "Objective ", "To preserve,
where feasible, mature native trees on both commercial and residential properties."
The Land Use Element also calls for an "Action Program" which will "Continue to
encourage the preservation of mature trees as a part of the subdivision and
development of both residential and commercial properties."
EXISTING CITY TREE PRESERVATION ACTIVITIES
Four of the City's homeowner associations (Highland Oaks Association, Rancho
Santa Anita Property Owner's Association, Santa Anita Oaks Association and Santa
Anita Village Association), have long recognized the importance of tree preservation
and have had tree preservation requirements incorporated into their design overlay
resolutions since the associations were formed. The trees specifically identified in
each of these areas are: oak, sycamore, liquidambar, magnolia and pine trees, with
trunk diameters larger than six inches measured three feet above the grade.
For several years, the Planning Commission has required new single - family
subdivisions to submit tree preservation plans so that as many mature trees could be
saved as reasonably possible in the new development. In some instances sidewalks
have been adjusted to save existing trees, and house plans are required to be reversed
or modified to save trees. However, factors inherent in the design of subdivisions
such as grade changes required for site drainage, the location of new streets and the
site of the building pad sometimes require the removal of mature trees.
The adoption of architectural design review requirements has provided the City with
the opportunity to review multiple - family residential, commercial and industrial
projects and to attempt to retain existing mature trees.
Tree Preservation Report
March 5, 1991
Page 1
LASER IMAGED 2
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In order to encourage mature trees for the future, the number of trees required in
new commercial and industrial project parking areas was doubled in 1988.
SUMMARY OF OTHER CITIES REQUIREMENTS
This report summarizes tree preservation regulations of various California cities.
The key areas observed in each ordinance were the species and size of trees that are
protected, development and maintenance standards, as well as the enforcement
measures. A number of ordinances were reviewed and out of those, the cities that
were most complete and unique in their preservation plan were used as examples.
There are 561 cities within the State of California. According to "The California
Planner's 1990 Book of Lists ", 87 cities (15.5 %) have Tree Preservation Ordinances
(see attached lists). Tree preservation regulations range from very broad
preservation of all trees of a certain size (i.e., Los Gatos) to the preservation of only a
certain species (e.g. oaks) with very detailed preservation and maintenance
requirements (i.e., Santa Clarita).
TYPES OF TREES PRESERVED
General
As individuals and governing bodies become increasingly aware and concerned
with environmental issues, there is a growing desire to protect and preserve a
variety of tree specimens through protection legislation. These laws seek to preserve
the natural aesthetic resources which add distinction and character to the
community.
Different names and categories have been used by local agencies in order to classify
and preserve significant trees. Titles such as Indigenous Tree, Heritage Tree, Historic
Tree, Specimen Tree and Significant Tree have been employed in city ordinances as
sub - categories for trees which have been designated for preservation. These trees
could be distinct in age, rare in quantity, unparalleled in size, a cultural landmark or
even hold some sort of local historic value. Attached is a list of cities and the types of
trees that each of these cities protect.
As an example, the City of Los Gatos' ordinance preserves anything under the
category of "Tree ". Their ordinance defines a tree as AU woody perennial plant
over 10' at maturity with primary focus on oaks, bay, eucalyptus, sycamore redwood
and pine. This definition governs every tree in the city, regardless of age, cultural
importance or historic significance. However, their regulations only address trees
with a circumference of 35" or more on residential property and 12" or more on
commercial or industrial properties or vacant and abandoned lots.
Tree Preservation Report
March 5, 1991
Page 2
LASER IMAr
Most cities surveyed did not attempt this broad approach to tree preservation, but
rather focused on s ecific trees.
Specific Trees
Various cities have targeted specific trees as the embodiment of their tree
preservation plan. The tree most identified specifically for preservation is the oak.
Oak trees are seen as a substantial and unique part of our Western heritage, along
with coast Redwoods and Giant Sequoias. There are some 15 species of the genus
Quercus (oak) are indigenous to California. Oak trees "specifically" slated for
protection by each local agency, may in fact be the species that are most commonly
found within their community.
In each tree preservation ordinance reviewed, the trees protected are identified
individually by species and by common name. The city of Thousand Oaks, for
example, protects all species in their ordinance by stating that AU oak tree of the
genus quercus shall be protected by such guidelines, including but not limited to the
Quercus lobata (Valley Oak), Quercus agrifolia (California Live Oak), and Quercus
dumosa (Scrub Oak), regardless of size.
OAK TREE MAINTENANCE AND DEVELOPMENT STANDARDS
In reviewing the various tree preservation ordinances, the issue of development
standards and tree maintenance were only applied to the preservation of oak trees.
Unlike most other trees found in our urban environment, oak trees are especially
sensitive to changes in their natural environment or soil condition. While younger
oak trees appear to be able to adapt to changes more easily, mature oaks, possibly 100
years old or more, stand less of a chance due to their already established, elaborate
root system. The root system is based upon the trees adaptation to its particular site
conditions. It is the life support of the tree!
Whether it be from the compaction of soil by supporting a structure or by damage to
the root system through trenching, mature oaks are simply less tolerant than other
trees to environmental changes incurred through development or home
improvements.
The treatment and care of oak trees has proved to be especially unique. Because of
this, many cities have provided informational brochures and hand -outs to
developers and property owners, with separate and essential guidelines for the
treatment and care of the oak. Knowledgeable groups such as the California Oak
Foundation, the California Department of Forestry and Fire Protection and certified
arborists are good sources for this information.
Tree Preservation Report
March 5, 1991
Page 3
LASER IMAGED
The City of Thousand Oaks retains a contract employee called an Oak Tree
Preservation Consultant, an oak tree expert who conducts field inspections and
prepares reports on requests to prune, relocate or remove native oak trees.
Regulations pertaining to the preservation, care and maintenance of oak trees range
from very general requirements (Glendale - 5 pages) to very specific regulations
which include long term maintenance, care, etc. (Thousand Oaks - 47 pages).
Permits and Appeals
All the cities surveyed require permits for removal of trees; and three cities,
Thousand Oaks, Santa Clarita and Visalia require permits for pruning oak trees.
Each City has various ways of processing the permits. In three of the City's surveyed
permits are processed by the Planning Director. In Thousand Oaks the removal of
three or less trees is processed by the Planning Director; four or more trees go to the
Planning Commission for recommendation to the City Council. In the other cities,
permits are processed by other departments such as Parks and Recreation, Public
Services and City Manager's office.
Processing times range from 15 days up to 45 days (four cities had no time frames set
forth in their ordinance). Appeals go to either the Planning Commission (4) or to
the City Council (3).
Each city has specific standards and findings which are set forth in their ordinance to
permit the removal of "designated" trees. The following are some examples of
these standards:
1. That the tree is so damaged or diseased that it cannot be effectively preserved,
or its presence is a threat to other protected trees. (Based on arborists report)
2. That the applicant has demonstrated that the retention of the tree would pose
a threat to the health, safety, or welfare of the inhabitants of the property in
question.
3. That the applicant has demonstrated that reasonable and necessary access to
the property cannot be obtained if the tree is preserved.
4. That the applicant has demonstrated that retention of the tree prevents all
reasonable use of the property on which it is located.
5. That is is necessary to remove the tree(s) to allow construction of
improvements or otherwise allow economic or other reasonable enjoyment
of the property.
Tree Preservation Report
March 5, 1991
Page 4
LASER IMAGED �.
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6. That good forestry practices, as evidenced by the report of the City's landscape
consultant justify the removal of the tree.
7. That the removal or relocation of the oak tree(s) proposed is necessary as
continued existence of such tree(s) at present locations impairs the planned
improvement or proposed use of the subject property to such an extent that
alternative development plans cannot achieve the same permitted density
and that the cost of such alternative would be prohibitive.
8. That the oak tree(s) proposed for removal or relocation interferes with utility
services or streets and highways, either within or outside of the subject
property, and that no reasonable alternative to such interference exists other
than removal of the tree(s).
9. That the removal of the oak tree(s) proposed will not result in a significant
depreciation of property values in the vicinity of the proposed construction or
proposed use.
Most of the cities, as conditions of approval for allowing tree removal, require the
applicant to replace the trees with new trees to be located on the site. The
replacement is usually based on a ratio figure ranging from 1 to 1 to 4 to 1
replacement. If it is not feasible to replace the trees on the subject property, some
cities require the property owner to donate trees to the city to be planted in other
areas or in city parks.
If the City Council should decide to proceed with an oak tree ordinance, there are
several issues which the Council needs to consider.
Homeowners Associations
As noted, four of the city's homeowners associations have tree preservation
requirements. If the City approves a City-wide 'Native Tree" ordinance which
preserves such trees as oaks, sycamores, liquidambars, pines, etc., the review by the
City should replace the homeowner association's approval requirement. The
homeowners associations should still review and act on the architectural plans, and
comment on any impact on existing "native trees ". However, the determination for
tree preservation should be the sole responsibility of the City based upon the criteria
set forth in the tree preservation ordinance. For the equal aRylication of City -wide
regulations, the City should be the sole administrator of the requirements.
If the City adopts an oak tree protection ordinance only, again, the determination for
tree preservation should be the sole responsibility of the City based upon the criteria
set forth in the tree preservation ordinance. In regards to the other specific trees
identified in the homeowners association regulations, the homeowners association
should still review and act on applications for removal. The associations should
Tree Preservation Report
March 5, 1991
Page 5
LASER IMAGED 1
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also allow for tree removal when reasonable alternatives are not feasible and
require replacement of the same type of species or other species at a number and size
which will be reasonable and foster the continuation of the species within the
community.
Arborist
If tree regulations 'are adopted which include the protection of the oaks, the
Planning Department would recommend that the City consider hiring, on a
consultant basis, an arborist who specializes in oak trees because of the special needs
and maintenance requirements of oak trees. The arborist would assist the Planning
Department in reviewing plans for either the removal, replacement or
development around existing oak trees.
The costs for the consultant could be paid by the applicant as part of the permit
process.
Brochures
Several of the cities we contacted provide brochures on the care and maintenance of
oak trees to all interested persons. If the City adopts an oak tree preservation
ordinance, the Planning Department would recommend that the City provide
similar brochures to properly educate the public.
ENFORCEMENT OF TREE PROTECTION ORDINANCE
The different city ordinances reviewed have varied policies and requirements in
their enforcement procedure. However, all are consistent in that any person who
violates any of the provisions of the code shall be guilty of a misdemeanor.
In several cities, persons removing trees are not only subject to misdemeanor
charges but are required to replace trees. Replacement ratios range from 1 to 1
replacement up to a maximum ratio of 4 to 1 in proportion to the size of the tree(s)
removed (where feasible). The maximum size replacement tree listed in any
ordinance was a 36" box.
PLANNING DEPARTMENT RECOMMENDATION
Oak trees are significant historical, aesthetic and ecological resources. While young
oak trees are very tolerant and adapt well to their landscape environment, the
mature native oak trees do not tolerate many changes once grown. Unfortunately,
many oak trees have succumb to urban development and although efforts have
been made to save oaks, many times these efforts have been in vain because of lack
of knowledge in the care and maintenance of oaks.
Tree Preservation Report
March 5, 1991
Page 6
LASER IA4innr-r,�
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Unlike sycamores, pines and other trees now common to this area, oaks are very
slow growing and very sensitive to changes in their environment.
Because of the special needs of oak trees, the Planning Department is
recommending that the City Council adopt a city -wide oak tree preservation and
maintenance ordinance, and continue the existing subdivision and design review
tree preservation activities.
An oak tree ordinance would have to address the following:
1. Species and size of trees to be protected (subject to the regulations)
2. Permit process for pruning and removal (but includes exceptions for
emergencies, health and safety factors)
3. The permit process; administration, appeals, cost, etc.
4. The homeowners associations authority and responsibilities with respect to
tree preservation
5. Standards for the removal (which balance tree protection with private
property rights)
6. Replacement of tree(s) which are removed
7. Need for arborist's report
8. Tree protection measures to ensure proper development around trees.
9. Standards and specifications for tree location, replacement and new planting.
10. Establishment a replacement ratio which provides for a variety of mature,
specimen, and young plants.
11. Enforcement provisions
If the City Council determines that it would be appropriate to adopt a "native" or
"specified" tree ordinance, or an ordinance addressing all trees, the Planning
Department would recommend that the scope of the ordinance address the
preservation of trees as follows:
1. The preservation of trees other than oaks be limited to front yard areas and
street side yards on a corner lot. Trees located in front and street side yard
areas are the most visible and add to the overall aesthetics of a neighborhood.
Tree Preservation Report
March 5, 1991
Page 7
LASER IMA,rr-^
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Also trees located in these areas generally do not restrict additions on houses,
construction of pools or other improvements on the property, and
2. The preservation of all oak trees (when reasonable) on the entire lot.
Any tree ordinance adopted by the City should be flexible enough to allow property
owners to remove trees subject to replacement of the tree(s) with other trees of
reasonable size, numbers and type. The ordinance should be reasonable in its
application so as to avoid persons openly violating the code because compliance
with the strict application of an ordinance would be impossible or would
substantially restrict their use of the property.
A tree preservation ordinance will not eliminate the problem of persons
indiscriminately removing trees over the weekend. However, it is staff's hope that
increased community awareness through newsletter articles and handout brochures
will substantially reduce the incidences of indiscriminate tree removal and
excessive trimming.
When such instances occur, the penalty provisions of the regulations will seek to
obtain not just a monetary penalty but require reintroduction of the species to the
site through the replacement regulations.
CITY COUNCIL ACTION
The City Council may direct staff to initiate a Text Amendment for:
1. Oak tree only preservation and maintenance ordinance,
2. "Native" Tree Ordinance covering specified trees, such as oaks, sycamores,
pines, palms, etc. However, oak trees would still be a separate ordinance in
order to address not only the preservation but the maintenance of oak trees; or
I Tree preservation ordinance for all trees which exceed a specific diameter, as
measured from a designated height above grade level.
The Council may also direct staff to take no action.
APPROVED,c
'George J. Watts
City Manager
Tree Preservation Report
March 5, 1991
Page 8
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SUMMARY OF TREE PRESERVATION SURVEY
The Planning Department surveyed the following nine cities regarding their tree
preservation ordinances:
MX1A"Zl0
Their ordinance does not affect residential properties less than one acre is size
Type of Trees: Deodar Cedar, Camphor Tree, Coast Live Oak, Engelmann Oak,
California Sycamore and Southern California Black Walnut and
"Heritage Groves" and "Heritage Trees" as identified and
declared by the City Council
Processing: Permits must be secured from the Community Development
Department's Director or designee for trees with a caliper of 4" or
greater
Time Frames: 45 days for review
Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Penalties and
Replacement: Misdemeanor of not more than $1,000 (per violation) and /or not
more than six months in jail. Replacement is required at 4 to 1
(for every one tree removed they are required to replace said tree
with four trees). Replacement tree is in proportion to size of tree
removed.
Appeals: With ten days to the Planning Commission - 5 day notification
to everyone within 300' of the subject property.
Type of Trees: Any type of oak tree exceeding 2" in diameter at a point 4 1/2'
above grade
Processing: For 3 or less trees, the Director of Planing and Community
Development. Four or more trees requires going to the
Planning Commission for recommendation to the City Council
Time Frames: Normally 15 days, however no minimum time cited
Summary Tree Preservation Survey
February, 1990
Pagel
LASER IMAGED 1 r J
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Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Penalties and
Replacement: Misdemeanor with requirement for restitution, replacement or
donation of or replanting of 2 or more oak trees of reasonable
equivalent size and value
Appeals: No time period spelled out however if there is removal of 3 or
less trees, this issue is appealed to the Planning Commission
with recommendation forwarded to the City Council for action.
Type of Trees: Indigenous oak and sycamore trees 8" or more in diameter
measured 36" above grade
Processing: Permits must be secured from the Director of Parks and
Recreation
Time Frames: None specified
Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Penalties and
Replacement: None listed
Appeals: No time frame listed, however, may be appealed to City Council
VISALIA
Type of Trees: All oaks
Processing: Permits must be secured from the Public Services Director and
permits are also required for pruning any limb with a diameter
of 2" or greater
Time Frames: 7 days for review
Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Summary Tree Preservation Survey
February, 1990
Page 2
LASER IMAGE -P.
Penalties and
Replacement:
Appeals:
•i
u
n
Misdemeanor of not more than $1,000 (per violation) and /or not
more than six months in jail. May also have a penalty
assessment no greater than the maximum fine allowable for the
violation. May require up to three 24" box trees to substitute for
the removed tree.
To the City Council within 5 days
Type of Trees: All oak trees with a circumference of 17 "+ measured 4 1/2'
above the root crown and all sycamore trees with a
circumference of 25 "+ measured 4 1/2' above the root crown.
Processing: Permits must be approved by the Planning Director
Time Frames: None listed
Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Penalties and
Replacement: Misdemeanor
Appeals: To the Planning Commission
Type of Trees: Any woody perennial plant over 10' at maturity with primary
focus on oaks, bay, eucalyptus, sycamore, redwood and pine.
Only trees with circumference of 35 "+ on residential property
and 12 "+ circumference on vacant or abandoned lots or
commercial and industrial properties. Circumference is
measured from 3' -0" above grade
Processing: Permits must be submitted to the Director of Parks, Forestry and
Maintenance Services and approved by the Planning Director
Time Frames: None listed
Summary Tree Preservation Survey
February, 1990
Page 3
LASER 1��1'�►,r -r, 1,j
A.
%W *40
Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Penalties and
Replacement: Misdemeanor and could be pay the cost of buying and planting a
new tree
Appeals: None listed
Type of Trees: All oaks trees with a diameter of 6" or greater measured 4 1/2'
above natural grade
Processing: City Manager or his/her designee for removal of three or less
trees, must go to Planning Commission for removal of 4 or
more trees
Time Frames: None listed
Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Penalties and
Replacement: Misdemeanor may require replacement or payment of a feet or
donation of boxed tree to be used elsewhere
Appeals: To Planning Commission then City Council
Type of Trees: "Heritage Oaks" 36 "+ in diameter measured at 4 1/2' above grade
and other trees determined by the Director or Commission
which are unique, but not less than 25" in diameter.
Processing: Hearing officer, Director or Commission may process permit
Time Frames: Approximately 20 days
Findings: Specific findings must be made per the tree preservation
ordinance and replacement trees may be required
Summary Tree Preservation Survey
February, 1990
Page 4
LASE ? I �fln��� i��
Penalties and
Replacement:
Appeals:
NOTES:
CM
E5
None mentioned. However may require replacement of 4 to 1
ratio minimum 15 gallon trees or may requirement replacement
of one 36" box container or larger for each oak to be replaced.
Within 15 days to the Commission
Several cities have regulations requiring protection of oak trees during the
replacement period to insure that the trees will not die.
Several cities have expiration dates on the permits issued and although
several cities mention a fee, the fees are not listed in the ordinance.
Summary Tree Preservation Survey
February, 1990
Page 5
LASER
no Call!Or »:a Planner s ; 9 ?1 Beck c /:.'sW
Jurisdictions frith
Tree Preservation Ordinances
Tree cr�i- .na:.ces are designed *e -,reserve a community's older, larger, stately
trees with special value S,.:ch trees may 'oe of a certain species, certain diameter, or may be
concentrated :n a certa,_n area tc msxn a: aesthetic features. A heritage tree ordinance is a
part:cular tyre cf 'ree ^^eserva"icn ord_I ar-ce that is intended to preserve historically signift-
ca- t trees in given areas f- cresters encourage authors of such ordinances to prevent
possible coun*erprod,, =ve resuas that may occur when older, decadent trees are preserved to
the ex.-!,,;s:_-r: cf yc, nger, hea:t� y trees. I^ such circumstances, an unbalanced quantity of
younger trees are remcved se as to prec :ude a fu'l, healthy stand of trees for the long range
°uture. T` :e fo::ow'-:g :s ' cticns re -,cited `:avi_ -g such ordinances.
CITIES
AG„ JFA H.... :i
ANAHE:M
ARRCYC G ?A .
ATASCA2=a^
ATHERTON
AUBURN
BELL 3ARDtF S
9EI- MC117
BRISBANE
C W i ♦ V7`C N
CLOVERDA:.F
COLMA
CO*ICORD
CORTE MADERA
COSA7
A
CL'PERT�10
CY?RESS
:DA '-Y 7Y
FA' ?FAN
FIC LSC Nd
FREMCN^,^
84
4 V_R`��
A`n""'..
SEAC7
: ARKSP_R
OAK
. ;'ERN.' ^R
:,CS ANGE' ES
!ZS ;r A-.'O S
T.T-C PARK
MCCRPARK
MCRAGA
VCR3A.`; H ,
AIWA ti-D
PAC' F:CA
?.k:.M -_ALE
�;k:Zc'7F :CEc ^S"'A"'ES
PASO ROBLES
PLEASANT HILL
PC RTOLA
PO W AY
RANCHO C'JCAVONGA
Fl.. ::WCCO CI^.'Y
ROCKI. N
ROSEVILLE
ROSS
SACRAMENTO
SAN CARLOS
SAN GABRIEL
SAN JOSE
SAN -JAN C.APZrRANO
SAN LU?S OBISPO
SAN MARINO
SAN MATEO
SANTA BARBARA
SANTA CLARITA
SANTA CRUZ
SANTA'ROSA
SARATOGA
SAUSAL!'70
SCOTTS VAT' Y
SIERRA MADRE
SIMI VALLEY
SOLANA BEACH
SONORA
THOUSAND OAKS
TIBURON
TURLOCK
VACAVILLE
VICT'ORVILLE
VISALIA
WALNUT CREEK
WATSONVILLE
WOODSIDE
COUNTxEs
CONTRA COSTA COUN'T'Y
LOS ANGELES COUNTY
MONTEREY COUNTY
PLACER COUNTY
SACRAMENTO COUNTY
SAN BERNARDINO
COUNTY
SANTA BARBARA COUNTY
SANTA CRUZ COUNTY
SONOMA COUNTY
VENTURA COUNTY
YOIA COUNTY
i.,7 ^pr) II1W a-_
v �
n
February 22, 1991
To: Arcadia City Council
From: Arcadia Beautiful Commission
Re: Tree Preservation ordinance
n
Arcadia Beautiful Commission read and reviewed the memorandum
from the Planning Department concerning the proposed Tree
Preservation Ordinance. We feel that it is of the ultimate
importance to set standards within the city of Arcadia to
protect all mature trees not only because trees add to the
aesthetic appearance and atmosphere of the city, but also
because the shade provided by trees conserves power and regulates
temperatures and because trees exchange carbon dioxide for
oxygen to help clean the air.
Since the city of San Marino
is physically and culturally
ordinance adopted by them in
and more applicable to our p
in your memorandum. We have
with this memo.
is in the same geographical area and
similar to Arcadia, we felt that the
1987 might be more relevant to our needs
roblems than the ordinances from the cities
included a copy of that ordinance along
The Arcadia Beautiful Commission would also like to make the following
specific suggestions:
Type of trees: All mature trees more than 10 ft. tall
or more than 4 in. in diameter
measured 3 1/2 ft. above ground.
Processing: Permits to be obtained from the
Planning Department.
Time frame: 15 days for normal processing.
Findings: Specific findings must be made per the
tree preservation ordinance and replacement
trees will be required as determined by the
Planning Department.
Scope of ordinance: Apply to all properties, including residential,
commercial, industrial, vacant and such
properties undergoing demolition.
Penalties: Penalty for infraction may be monetary and/
or the donation of a similar boxed tree.
(see San Marino ordinance... 23.9 -4, e)
Appeals: To Planning Commission, then to
City Council.
Note: As suggested in the Planning Department report, a separate
oak tree preservation ordinance, addressing not only
preservation but also maintenance, may be desirable.
LASER 11VI "AGED
ORDINANCE NO. 936 *Ago
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARINO,
CALIFORNIA AMENDING THE CITY CODE BY ADDING SECTION 23.9 -4
AND SECTION 23.30 TO CHAPTER 23 OF THE CITY CODE AS IT
PERTAINS TO REGULATING THE REMOVAL OF TREES FROM R -1 AND C -1
USE ZONES.
WHEREAS, mature trees are an aesthetic asset to the
community as a whole; and
WHEREAS, mature trees help in energy conservation; and
WHEREAS, uncontrolled and indiscriminate destruction of trees
would have a detrimental effect on the general public welfare by
impacting the value and character of the community; and
WHEREAS, for the reasons stated herein, the City Council
finds that it is in the interest of the City to adopt Ordinance
No. 936 implementing regulations for the removal of trees in the
City.
THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new Section 23.9 -4 is hereby added to Chapter 23
of the City Code to read as follows:
SEC. 23.9 -4 PRESERVATION OF-TREES: R -1 USE ZONES
(a) DEFINITIONS
(1) "Mature" trees-means any variety of tree that is
four inches (4 ") or more in diameter when measured at a
point four feet six inches (41611) above the natural
grade.
(2) "Damage" means any action taken which causes
injury, disfigurement or death to a tree. This
includes, but is not limited to, cutting, poisoning,
drilling, underwatering or transplanting.
(3) "Deadwood" means limbs, branches or a portion of a
tree void of green leaves during a season of the year
when green leave should be present.
(4) "Class 1 Tree "'refers to a tree, on a list adopted
by the City Council containing tree species, requiring
special protection due to aesthetic value, replacement
difficulty and other similar factors.
(5) "Front, rear and side yards" shall be as defined in
Section 23.1 of Chapter 23 of the City Code.
-1- LASER IMAGED 1::,,
(6) "Removal" means the physical removal of a tree or
actionF leading to the death of a ree through
poisonii, damaging or other actib.
(b) RESTRICTIONS ON TREE REMOVAL
(1) It shall be unlawful for any person to remove,
transplant, or trim or prune more than twenty percent
(20 %) of the live foliage, any mature tree located in
the front yard or minimum side yard in the R -1 Use Zone
without first obtaining a permit from the city.
(2) It shall be unlawful for any person to remove,
transplant, or trim or prune more than twenty percent
(20 %) of the live foliage, any mature Class 1 tree
located anywhere on a parcel in the R -1 Use Zone
without first obtaining a permit from the city.
(3) It shall be unlawful for any person to damage or
cause to be damaged any mature tree in the front yard
area, or any Class 1 tree in the side or rear yard area
of any parcel in the R -1 Use Zone.
(4) It shall be unlawful for a person to trim or prune
more than ten percent (10 %) of the live foliage, an oak
tree without first obtaining a permit from the city.
(c) EXEMPTIONS
(1) No permit is required for the removal or trimming
or pruning of a tree damaged by a storm, fire or other
natural disaster and determined to be dangerous by the
city manager, police officer, fire fighter, or code
enforcement officer.
(2) Trees that do not exceed four inches (4 ") in
diameter when measured at a point four feet six inches
(4' 611) above natural grade may be removed or
transplanted without a permit.
(3) Trees that must be removed by order of any public
agency having jurisdiction are exempted from the permit
requirement.
(4) Normal and routine trimming or pruning which does
not result in damage or death to a tree, or does not
result in the loss of more than twenty percent (20 %) of
the live foliage and limbs, is allowed without a
permit. Removal of deadwood is allowed without a
permit.
(d) PERMIT PROCESS
(1) The city manager shall prepare an application for a
tree removal permit, which shall contain all
-2-
LASER V "AGED '4 .,
informa�Won necessary for the cit manager, or his
designee, to determine whether the standards for
issuance of a permit have been satisfied.
(2) The city manager shall grant a permit only if he
determines:
(A) The tree constitutes a nuisance or hazard by
virtue of its condition, location, species,
proximity to existing structures, closeness to
walkways, or interference with utilities.
(B) The pruning or trimming of the tree of more
than twenty percent (20 %) of its live foliage, is
necessary to maintain or enhance the health or
appearance of the tree.
(C) The relocation of the tree will not damage the
tree or will not constitute a hazard or
interference with other structures or property.
(3) The city manager, at his sole discretion, and
inconsideration of such factors as the size, location,
type of tree, number of trees on the property, and the
number and type of trees in the surrounding
neighborhood, may require as a condition of a removal
permit the replacement of the tree at the applicant's
expense. The size, location and species of replacement
tree(s) shall be determined by the city manager with
consultation of the applicant.
Nothing in this Section shall preclude the city manager
from waiving conditions for tree replacement, or from
requiring that tree replacement exceed a one - for -one
basis.
(e) PENALTIES
(1) A violation of this Section shall be an infraction.
Each and every tree removed in violation of this
Section shall constitute a separate infraction.
(2) In addition to any penalties provided by subsection
(1) above, anyone who damages or removes, or causes to
damage or remove, any tree in violation of the terms of
this Chapter, is responsible for proper restitution and
may be required to replace the trees through the
donation or replanting of two or more trees of
reasonably comparable size and value. The number, size
and location of replacement trees shall be determined
by the city manager or his designee.
SECTION 2. A new Section 23.20 is hereby added to Chapter 23
of the City Code to read as follows:
-3- LASER 11%'AGED
SEC. 23.20 PRESERVATION OF TREES: C -1 USE ZONES
(a) No tree with a diameter in exces of four inches (4 "),
when measured from a point four feet six inches (416 ") above
the tree's natural grade, shall be removed, or trimmed of
more than twenty percent (20 %) of its foliage and /or live
limbs, without having first obtained a permit from the city.
(b) A violation of this Section shall be an infraction.
SECTION 3. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published in the
manner prescribed by law.
PASSED AND ADOPTED this _ 9th day of
ATTEST:
City Clerk
December , 1987.
R SEMARY . SIMMONS, Mayor
APPROVED AS TO FORM AND LEGALITY:
STEVE L. DORS , City Attorney
-4-
1 �J
I, Keith R. Till, Deputy City Clerk of
California, certify that the foregoing
introduced at a Regular Meeting of the
held on the 23 day of November
passed and adopted by said City Counci
on the 9 day of December ,
vote:
the City of San Marino,
Ordinance No. 936 was
City Council of said City
1987, and was finally
1-at a Regular Meeting held
1987 by the following
AYES: Simmons, Hallum, Hammon, Crowley, Crowell
NOES: None
ABSENT :None
Deput City Clerk
City of San Marino, California
LASER IMAGED
14.3
CITY OF' SAN hIARINO
I%e CLASS 1 TREES
PURSUANT TO ORDINANCE NO. 935
Quercus Agrifolia
Quercus Ilex
Quercus Robua
Quercus Suber
Quercus Engelmaii
Quercus Falcata
Quercus Alba
Quercus
Cedrus Atlantica
Cedrus Deodara
Chamaerops Humilis
Erthea Armata
Erythea Edulis
Trachycarpus Fortunei
Washingtonia Robusta
Washingtonia Filifere
Canary Island
eiscu's 2<ui)igit1cSa
Koelreuteria Bipinnata
Lagerstroemia Indica
Liquidambar Stryacif lua
Liriodendron Tulipifera
Magnolia Grandiflora
Olea Europaea
Pordocarpus Gracilor
Pordocarpus Macrophyllus
Platanus Racemosa
California Live Oak
Holley Oak
English Oak
Cork Oak
Pasadena Oak
Red Oak Southern
White Oak
Southern Live Oak
Virginia Oak
Clauca Blue Atlas Cedar
Deodar Cedar
European Fan Palm
Big Blue Hesper Palm
Guadalupe Palm
Windmill Palm
Mexican Fan Palm
California Fan Palm
Phoenix Carariensis -
Date Palm
"Ua" . T Caf Lei h
JA 1..s LAM+. . i7
Chinese Lantern
Crape - Myrtle
Sweet Gum
Tulip Tree
Southern Magnolia
Common Olive
Fern Pine
Yew Podo Carpus
California Sycamore
LASER IMAGED