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HomeMy WebLinkAboutNovember 5, 1991INVOCATION A G E N D A ARCADIA CITY COUNCIL MEETING NOVEMBER 5, 1991 7:30 P.M. ACTION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Ciraulo, Fasching, Harbicht, Young and Gilb All Present MINUTES of the Study Session and.the adjourned and regular meetings of October 22, 1991 Approved MOTION: Read all ordinances and resolutions by title only and waive reading in full. Adopted PRESENTATION of Proclamation to Gary Southworth for the Arcadia Teachers Association PRESENTATION to the Southern California AYSO Champions - Arcadia Girls 1 Allstars and Arcadia Girls 2 Allstars 1. PUBLIC HEARING AGENDA 11/5/91 Public Hearing Closed; Consideration of Text Amendment 91 -005, adding a Continued tree preservation ordinance to the Arcadia Municipal Code. Gene Shepherd 2. Time reserved for those in the audience who wish Eleanore Zercosi to address the City Council (five- minute time Rebecca Papp Bob Graham limit per person). Mike Danielson John Moran 3. RECESS CITY COUNCIL Lael Collins Terry Towner 4. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY Sam Broadhead a. ROLL CALL: Agency Members.Ciraulo, Fasching, Harbicht, Young and Gilb All Present b. MINUTES of the meeting of October 22, 1991 Approved C. ADJOURN to 7:00 p.m., November 19, 1991 AGENDA 11/5/91 5. RECONVENE CITY COUNCIL ACTION 6. CONSENT ITEMS a. Landscape Maintenance Contract - Approval of speci- fications and authorization to solicit proposals. Approved b. Report and recommendation for the purchase of one - ton truck _ cab and chassis, for the Police Department. Approved c. Ratification of Claim Settlement - E. Nagata Approved d. Ratification of Claim Settlement - R. Loghavi Approved 7. CITY MANAGER a. Recommendation to award contract for installa- tion of traffic signal at Second Avenue and Approved Santa Clara Street - Job No. 608. b. Report on installation of stop signs on First Avenue at Santa Clara Street. Approved 8. CITY ATTORNEY a. ORDINANCE NO. 1956 - For Adoption - Approving Zone Change Z -91 -009, changing the existing zoning of R -1 7,500 to R -1 12,500 for certain properties located in the southwest portion of the City of Arcadia. Adopted b. RESOLUTION NO. 5627, providing certain differen- tial compensation to Police Officer who served in the American military during the Iraq- Kuwait crisis (Persian Gulf War). Adopted as revised c. RESOLUTION NO. 5628, approving a contract for Arcadia's participation as a member of the San Gabriel Valley Transportation Coalition. Adopted d. RESOLUTION NO. 5629, responding to the Arcadia Unified School District's Task Force II Recom- mendations. Adopted as revised -2- AGENDA 11/5/91 D • • 9. MATTERS FROM STAFF 10. MATTERS FROM ELECTED OFFICIALS 1.1. ADJOURN to 7:00 p.m., November 19, 1991 Approved $100 sponsorship of Yvonne Beier for the Mrs: California Pageant. Pike /Miller - Prepare Text Amendment regarding student filming and Christmas tree lots. Accepted Min Mey Chang's resignation from the Arcadia Beautiful Commission.with regret. Gardner - Report regarding subscription paramedic programs. Lopez - Report regarding need for traffic signal at'Second and Colorado. Feinberg - Report regarding Newco''s plastic container policy. -3- AGENDA 11/5/91 C th. NOVEMBER 5, 1991 TO: CITY COUNCIL FROM: WILLIAM WOOLARD, DIRECTOR OF PLANNING SUBJECT: TA 91 -005 TREE PRESERVATION REGULATIONS The Planning Commission at its September 24, 1991 meeting voted 4 to 1 to recommend approval of the Tree Preservation Regulations. The commissioner's voting in favor of the regulations felt that the regulations represented a reasonable compromise between the desire for tree preservation and the rights of property owners. The commissioner voting in opposition to the ordinance didn't think that the ordinance was necessary. He felt that it would be difficult to enforce and that it therefore should not be adopted. Minor changes to the draft regulations were suggested by the Planning Commission in response to public comments. First, tree diameters in addition to circumference should be used for measurements. Second, in response to the request of the Lower Rancho Association, the associations review of tree removal requests should not be required. Their association does not currently have tree removal regulations and does not wish to add such authority. The concern of the Lower Rancho Association may be satisfied by revising section "c" on page 7 of the TREE ORD to read as follows: "The Architectural Review Board (Committee) of a Homeowner Association may make recommendation (s) pertaining to the proposed removal of tree(s) within their association's area. Their comments shall be considered by the Director of Planning. " The City Attorney also mentioned that some minor additonal wording should be added which would clarify the City's authority to seek compensation for unauthorized tree removal. Attached for your consideration are the Planning Commission's September 24, 1991 staff report and the minutes. Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepared an Initial Study for the proposed text amendment. Said Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area 1 CC TREES LASES *vMED , 09 M affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. There is no evidence that the proposed project will have any potential for adverse effect on wildlife resources. Therefore, a Negative Declaration has been prepared for this text amendment. FINDINGS AND MOTION Aoy —.-,. roval If the City Council intendes to take action to approve this text amendment, the Council should move to approve and file the Negative Declaration and find that the text amendment will not have a significant effect on the environment and direct staff to prepare the appropriate ordinance for introduction. Denial If the City Council intends to take action to deny this text amendment, the Council needs only to move for denial (no environmental findings need to be made and no ordinance is required). 2 CC TREES 111/5/91 A L O'S LE ��'v�r'�GEU �k r SEPTEMBER 24, 1991 TO: PLANNING COMMISSION In FROM: WILLIAM WOOLARD, DIRECTOR OF PLANNING SUBJECT: TA 91 -005 TREE PRESERVATION REGULATIONS BACKGROUND In March 1991, in :2sponse to growing citizen concern regarding the removal of large trees, the City Council directed staff to draft a City -wide tree preservation ordinance to address endangered, indigenous and large trees. Staff's draft regulations were considered by the Council at its May 7th meeting at which time the City Council directed staff to initiate this text amendment for the consideration of adopting a tree preservation ordinance. The Council felt that the public hearing process, before the Planning Commission and subsequently the City Council, would afford citizens the opportunity to provide testimony concerning the pros and cons of adopting such regulations. On June 11, 1991, a public hearing was held before the Planning Commission to consider the Tree Preservation Ordinance. The homeowners associations requested that the meeting be continued to allow the associates to meet with the Planning Department staff. On July 30, 1991, representatives from the homeowners associations and the Planning Department staff held a study meeting to review and disucss the proposed tree preservation ordinance. Mr. H. R. Stoke presented written comments and recommendations from the associations regarding the tree ordinance. The meeting was very productive and raised several important issues which required continuation of the public hearing to tonight's meeting. Attached are: 1. A revised ordinance incorporating several of the recommendations of the homeowners associations, 2. Mr. H. R. Stoke's letter and comments regarding the tree ordinance and 3. The Planning Department's June 11th report and draft ordinance. 1 PC TREES 9/18/91 LASER I'll "�G�p .. *ft/ RESPONSE TO HOMEOWNER ASSOCIATIONS COMMENTS Staff has reviewed the comments from the associations and believes that there were some good ideas which can be incorporated into the proposed regulations. There were other ideas which staff does not recommend. In areas where there was disagreement, the Associations, and/or individuals were advised to make their own presentations before the Commission and /or Council. The following are staff's responses to the issues raised in the "Comments & Recommendations" from the associations: City Property /Design Review Staff does not believe that the ordinance should apply to City /Agency owned properties. The City was established for the promotion of the common good, the public's health, safety and welfare, and as such it is unnecessary to subject the City to additional regulations. The preservation of trees is desirable and is facilitated when taken into account early in the design process. If tree preservation regulations are adopted, City staff will attempt to advise property owners and developers of the regulations through the City Newsletter and local newspapers. However, it is not always possible to ensure that tree preservation will be considered early in the design process, since early design consultation with the City is not required for single- family residential projects. Trees to be Protected Simplifying the classifications of protected trees as suggested by the associations is desirable. However, Class I trees (as suggested by the associations), lumps all oak trees into the same classification. Staff believes that the Englemann oak is a species that should be protected while the Holly Oak is not. Under the Class I as suggested by the associations, Englemann oaks and Coast Live oaks less than 24 inches in circumference are not protected. Staff has revised the proposed regulations establishing two classes of trees to be protected. These "Classes" are not the same as proposed by the associations, however, having only two classes simplifies the regulations. Staff does not agree with the associations that all Class I and Class II trees within the rear yard and interior side yards should be protected. 2 PC TREES LAlt llj AGED 09 Expanded Protection Zone The additional language, suggested by structure of irregular shaped trees has regulations. Expanded Prohibited Acts in the associations, pertaining to the root been incorporated into the revised The additional language, suggested by the associations, pertaining to excessive watering has been incorporated into the revised regualtions. Oak Tree Protection Regulations Tree permits for removal only is fine, and tree permits for pruning of branches 12" in circumference or larger on Class I trees is fine. Staff does not believe that the actual trimming needs to be done by a Certified Arborist, but it should be done under the supervision of a Certified Arborist. Eliminating tree reports is great. However, if the City is to contract with a Certified Arborist, staff would recommend that the fees for the permits be established to cover the cost for the services of the Certified Arborist. In discussions with the City of Thousand Oaks, they indicated that is imperative to have an "oak tree expert" review all permits pertaining to oak trees. Require Certification of Arborist /Tree Services Checking an arborist's certification prior to issuance of a permit is not a problem, and developing a list of Certified Arborists is not a problem. Requiring that all tree trimming (of large branches) be done under the direction of a certified arborist is not a problem. Business licenses, and license fees, are required for all tree trimmers operating within the City. However, the possession of such a license is not an indication of the firm's ability or qualifications. Possession of a City Business License is not in any way related to the tree service's insurance and or bonding. Required Protective Measures Construction activity within a drip line is a particular problem when the tree overhangs onto an adjacent property, and the owner of the adjacent property intends to carry out a project which might impact the tree. 3 PC TREES 9/18/91 LASER P" 1 � n 7- �,D 'ors° NWO� The desire to protect the tree and the rights of the property owner of the adjacent property may be in direct conflict in this particular situation. Staff has contacted several cities which have dealt with this issue. The issue has not often been a problem. However, those cities that have addressed the issue have made tree protection paramount and require some sort of review before construction activity may take place within the drip line even when it extends over onto ajdacent property. If the preservation of the tree is paramount then the rights of the adjacent property owner will be somewhat restricted within the drip line of the tree. Because of required building setbacks, the amount of actual building construction is generally limited. However, patios, driveways and walkways which do not require building permits and which do not require setbacks may have a significant inpact on the root system of trees which are located on the adjacent property. Staff believes that encroachments within the drip line of Class I Trees should be looked at on a case by case basis. Factors such as the specific type of tree, its size, its number within the subject and adjacent properties, the specific nature and extent of the intended construction within the drip line, etc. all bear on the potential impact from the intended construction, (i.e. a concrete patio slab may smother the roots, whereas an elevated wood deck may have negligible impact on the roots.) The revised regulations provides that no construction activity be permitted within the drip line even when the drip line extends into an adjacent property. Any proposed construction within the drip line will be required to obtain a Modification from the City's Modification Committee. As a part of the Modification application, a report prepared by a Certified Arborist will be required. The report should address: (1) the impact that the proposed construction will have on the subject tree(s), and (2) alternative or mitigation measures which might be taken to reduce the construction's impact. The Modification Committee approve, conditionally approve or deny the application based upon the evidence presented including the Tree Report and testimony received at the public hearing. The Committee's decision may be appealed to the Planning Commission and subsequently to the City Council. Standards for Granting or Denying Tree Permits Staff does not recommend the additional language suggested by the associations. The sentence mandates replacement and /or relocation. Such replacement and /or relocation may not always be appropriate. The sentence also includes language such as "consistent with the character of the subject property..." which staff considers subjective and difficult to ascertain. The 4 PC TREES _ L A 3`1 T" / IVA �� M In property owner, neighbor, association and City staff may all have diferent ideas as to what is meant by the language. Staff is recommending that the tree preservation ordinance be applied City wide, with all properties subject to the same criteria and review process. If the homeowner associations have review and approval authority (able to impose conditions), the process within the homeowner association areas would have what amounts to a separate set of regulations for their areas. Enforcement Number 1 & 2 are correct assumptions. Restitution for violations could be in the form of payment to the City. Tree replacement costs would be based upon the value or actual replacement costs, whichever is higher. Number 3 is not presently being considered. The City does not have Punitive fines. Violations are a misdemeanor and subject to prosecution and legal proceedings. Staff does not believe that bonding of tree services is needed, and would rather wait and see how effective the regulations are before considering this additional alternative. The proposed revised regulations also contain a City liability disclaimer section. SUMMARY OF REVISIONS • Originally the trees to be protected were set forth in three classifications; the revised ordinance has simplif:-d this by providing two "Classes ". • Formerly Englemann and Coast Live oaks of any size were protected. In this revision only Englemann oaks and Coast Live oaks with a circumference of 24 inches are protected. • Formerly California Sycamores, Blue Elderberry, Freemont Cottonwood and willows with a circumference of 19 inches were protected. In this revision only California Sycamore with a circumference of 24 inches are protected. • The fact that the "drip line" extends onto adjacent properties is clarified. • The "protected zone" has been expanded to inclued the root structure of irregularly shaped trees. 5 PC TREES Excessive watering and encroachment into the protected zone have been added to the list of actions which may defined as "removal ". The need for a Tree Report has been limited to those actions which are not exempted. A report would only be required for removal, major trimming, or encroachment into the drip line. The specific listing of the information which will be required in a Tree Report has been deleted from the proposed ordinance. The general information which will be required has been noted. The specific information required may vary from application to application, depending upon the specific situation. The procedure for approving encroachments into the drip lines has been added. Tree Report and review by the Modification Committee will be required. In accordance with the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed text amendment. The Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the text amendment including land, air, water, flora, fauna, ambient noise, and objects of historical or aesthetic significance. There is no evidence that the proposed text amendment will have any potential for adverse effect on wildlife resources. Therefore, a Negative Declaration has been prepared for this Text Amendment. RECOMMENDATION Staff recommends approval of the revised tree preservation ordinance. It is staff's opinion that the revised ordinance represents a reasonable compromise between the extreme positions of protecting all trees and no regulations. The revised regulations are not quite as extensive as in the original proposals, and the need for City review and approval has been reduced. The revised regulations should minimize expense to the property owners, delays in development, and the need for additional City staff. ACTION The Planning Commission should direct staff to convey the Commission's recommendations and comments to the City Council. 6 PC TREES 1 .� *490V swl� DRAFT TREE PRESERVATION ORDINANCE INTENT AND PURPOSE This Chapter is established to recognize 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. SCOPE The provisions of this Chapter shall apply to all 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. A 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 a tree poses an imminent threat to the public safety, or general welfare. C. Visual Barriers. Removal or relocation of 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. Licensed Nursery. Trees planted, grown or held for sale by licensed nurseries or the removal or transplanting of same pursuant to, and as a part of, the operation of a licensed nursery business. TREES ORD 9/24/91 ` Iwv err✓ f. City Property. Removal of 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. g. Arcadia Redevelopment Agency Property. 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. DEFINITIONS For the purposes of this Article, certain words and phrases used herein shall be defined as follows: a. Class 1 Trees. Class 1 Trees shall include the following: 1. quercus Engelmannii (Engelmann oak) 2. quercus agrifolia (coast live oak, California live oak) 3. any other living oak tree with a trunk circumference larger than thirty -eight (38 "), measured at a point four and one half feet (4 112'), above the crown root, or in the case of a tree with more than one trunk, any such tree with a circumference of any two (2) trunks of at least thirty -two (32) inches, measured at a point four and one half feet (4 112'), above the crown root. b. Class II Trees. Class 11 Trees shall include the following: 1. Platanus racemosa (California Sycamore) with a trunk circumference larger than twenty-four (24 "), measured at a point four and one half feet (4 112'), above the crown root, or in the case of a tree with more than one trunk, any such tree with a circumference of any two (2) trunks of at least thirty -two (32) inches, measured at a point four and one half feet (4 112'), above the crown root. 2. any other living tree with a trunk circumference larger than thirty -eight (38 "), measured at a point four and one half feet (4 112'), above the crown root, or in the case of a tree with more than one trunk, any such tree with a circumference of any two (2) trunks of at least thirty -two 2 TREES ORD 9/24/91 J %# ' `rr% (32) inches, measured at a point four and one half feet (4 112% above the crown root. C. Cutting or Pruning. Cutting or pruning shall mean the detaching or separating, from a tree, any limb, branch or root. d. Damage. Damage shall mean any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a tree, or trenching, excavating or paving within the protected zone of a tree. e. Deadwood. Deadwood shall mean limbs, branches or a portion of a tree that contain no green leaves during a period of the year when they should be present. f. 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, "Director" shall mean the Director of Public Works of the City of Arcadia or appointed designee. g. 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 a tree. h. Encroachment. Encroachment shall mean any intrusion or human activity into the protected zone of a tree including, but not limited to, pruning, grading, excavation, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. i. Oak tree. Oak tree shall mean any oak tree which is either a Class 1 or Class 11 Tree as defined in this Chapter. j. Tree Consultant. Tree Consultant shall mean a Certified Arborist. k. Person. Person shall mean any person, partnership, firm, corporation, governmental agency or other legal entity. 1. Preservation. Preservation shall mean the acts of keeping or saving a tree from harm or destruction by proper maintenance, pruning, treatment, and other means of safeguarding trees. 3 TREES OQ /RD L r W291....', i � fir+ M. 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. o. Protected Zone. Protected zone shall mean a specifically defined area totally encompassing an Oak Tree within which work activities are str:, -,ly 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 tree. Using the dripline as a point of reference, the protected zone shall commence at a point five feet (5) outside of the dripline and extend inward to the trunk of the 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.. p. Public property. Public property shall mean land owned by a public or governmental entity and generally accessible to the public. p. Removal. Removal shall mean the uprooting, cutting, or severing of the main trunk of the 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 a tree. (5) Excessive watering within the dripline. (6) Encroachment into the protected zone. q. Routine maintenance. Routine maintenance shall mean action needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. 4 TREES ORD r. Root crown. Root crown shall mean that portion of a tree trunk from which roots extend laterally into the ground. S. Tree. Tree shall mean any tree which is either a Class 1 or Class II Tree as defined in this Chapter. t. Undeveloped property. Undeveloped property shall mean land which is in its natural, original, or pristine state. U. 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. CLASS I TREE PROTECTION REGULATIONS I. Class I Tree Permit Required. No Class I Tree shall be cut, pruned, trimmed, removed, damaged, or otherwise destroyed except as provided for in this Chapter unless a Tree Permit has been issued by the Director of Planning. Exception: The removal of deadwood is exempt from the requirement to obtain a permit. Exception: Live limbs or branches that do not exceed twelve inches (12 ") in circumference can be removed without obtaining a permit. Exception: Live limbs or branches that exceed twelve inches (12") in circumference and are considered to be unsafe because of decay, rot, cavities, cracks or splitting can be removed without obtaining a permit. However, the decision to remove such limbs must be made by the applicant's oak tree consultant. Any remedial actions on limbs larger than twelve inches (12 ") in circumference will be subject to City approval. Such request shall include a brief written report from the applicant's Tree Consultant detailing the conditions that exist and any remedial work recommended to correct the situation. 2. Class I Tree Report Required. Applications for the cutting, pruning, trimming, removal, except as permitted in the above, or encroachment into the protected zone of any Class I Tree shall be accompanied by a Tree Report prepared by an Tree Consultant containing a physical and horticultrual evaluation, and specific information on the location, condition, potential impacts 5 TREES ORD 9/24/91 I J from the proposed activity, and recommended actions and mitigation measures regarding the proposed activity. A Tree Report may be waived in situations involving the removal of dead or hazardous trees. In situations requiring the submission of a Tree Report, the document shall be certified by the Tree Consultant to be true and correct and must be acceptable to the Director of Planning. Tagging In the process of preparing Tree Reports, each tree is required to be numbered. In order to standardize the system so that everyone may easily locate the tree number, the tag shall be affixed to the north side of the tree at a height of four and one - half feet (4 1/2') above the root crown. The tag shall be made from a non - corrosive, all weather material and be permanently attached to the tree. The tag shall be a minimum of one and one - quarter inched (1-1/4") to a maximum of two inches (2 ") in size. 3. Required Protective Measures. The following protective measures are hereby established to protect Class I Trees during development or construction activity: a. No construction related activities shall occur within the drip line of any Class I Tree, including but not limited to, storage of materials, grade changes, or attachment of wires to or around tree trunks, stems, or limbs. b. No structure or impervious paving shall be located within a six (6) foot radius of the trunk perimeter of any Class I Tree. A tree with a circumference of ninety -four inches (94 ") or more shall measured at a point four and one half feet (4 1/2'), above the crown root, require additional space as determined by the Director of Planning. C. Each and every Class I 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. Such barriers shall be installed prior to the commencement of any development on the site and shall remain in place throughout the construction period. 6 TREES ORD 9/24/91 nr- d. Branches that may be injured by vehicles or that interfere with construction shall be pruned carefully. All such pruning shall be done under the supervision of a Certified Arborist, and to the satisfaction of the Director of Planning. 4. Encroachments into driplines Encroachments into the dripline of a Class 1 Tree 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 regualtions. Applications for modification shall be accompanied by a Tree Report. CLASS II TREES 1. Tree Permit Required. No Class II Tree which is located between any structure and an adjacent street, or within any required front yard setback or side yard setback on the street side of a corner lot, shall be removed, damaged, or otherwise destroyed except as provided for in Sections unless a Tree Permit has been issued by the Director of Planning. A Tree Permit is not required for the removal of deadwood, pruning or trimming, which does not endanger the life of the tree. STANDARDS FOR GRANTING OR DENYING TREE PERMITS The determination by the Director of Planning, shall be based on the following criteria: a. 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 adversley effected by the retention of said tree; b. The necessity to remove a tree in order to construct improvements which allow economic enjoyment of the property; C. The recommendation of the Architectural Review Board (Committee) of the Homeowner Association shall be considered 7 TREES ORD 9/24/9h LtrJ�I1 ,�V.;�,� -��. `Nr+ whenever a tree is proposed to be removed within the association's jurisdiction. APPLICATION AND FEES Prior to the granting of a Tree Permit, an application for removal shall be submitted to the Planning Department. The content, form, instructions, procedures, and requirements of the application package deemed necessary and appropriate for the proper enforcement of this Chapter shall be established by the Planning Department. The application for a Tree Permit shall be accompanied by the appropriate fee as established by the City Council. The fee shall be commensurate with the cost of processing and reviewing applications for permits and administration of this Chapter and for the services of an Certified Arborist which may be under contract to the City. The Director of Planning, may refer any application for a Tree Permit to the Planning Commission for determination. TREE EVALUATION REPORT As a part of the application review process, the Director of Planning may require that the applicant submit a Tree Report to the City. The Director of Planning may utilize the services of an independent Certified Arborist to review and comment on the Tree Report. ACTION ON APPLICATION Upon the receipt of an application to remove an Class I or Class II Tree, the Director of Planning shall have five (5) working days to determine the completeness of the application. Once the application has been determined to be complete, the Director of Planning shall have ten (10) working days to approve, conditionally approve, or deny the application in accordance with the provisions of this Chapter. The Planning Director may refer any request for a Tree Permit directly to the Planning Commission for determination. If the Director of Planning fails to approve, deny, conditionally approve or refer an application to the Planning Commission, within the time period specified in this section, the application for tree removal shall be deemed approved. 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. 8 TREES ORD S 9/2491 ��1 �^'� �s 1 r. �J",vii\ On properties located in a Homeowners Association area established pursuant to Section 9272.3., of the Arcadia Municipal Code, any application for removal of an Class I or ClassII Tree, shall be accompanied by a recommendation from the Architectural Review Board (Committee) of said Homeowners Association concerning the proposed removal. The Director of Planning may deny without further action any application for a Tree Permit if such application does not contain the pertinent required information. CONDITIONS Conditions may be imposed on the permit at the discretion of the decision - maker including, but not limited to, any of the following: 1. A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, tree limb(s) or encroachment into the protected zone of an Class I Tree. 2. The relocating of trees on -site, or the planting of new trees on -site to offset the loss of a tree. The applicant may be required to provide periodic affidavits by a Certified Arborist at the following stages of development: a. Conclusion of grading, b. Conclusion of construction, C. One (1) year after the planting of replacement or relocated trees, d. Two (2) years after the planting of replacement or relocated trees. Such affidavit shall certify compliance with all conditions of the permit and the health of all replacement or relocated trees. 3. A condition requiring a maintenance and care program, as directed by a Certified Arborist, shall be required. This program shall be initiated to insure the continued health and care of trees on the property. APPEALS Appeals from the Director of Planning's decision shall be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within five (5) working days of the Directors 9 TREES ORD 9/24/91 �\t i_.,J *40W 1.1910V decision, and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt in proper form of an appeal from the Director's decision, the secretary of the Planning Commission shall fix a time and place for public hearing thereon to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. Appeals from the Planning Commission's decision shall be made to the City Council. Said appeal shall be made in writing and delivered to the Planning Department within five (5) working days of the Commission's decision, and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. At its next regular meeting after the filing of such appeal, the Council shall set a date for a public hearing thereon. ENFORCEMENT 1. 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. 2. Whenever any construction or work is being performed contrary to the provisions of this Chapter, any 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 the violation has been rectified and approved by the Director of Planning. I Citations a. Additional Remedies Any person who violates any provisions of this Chapter or encroaches into the drip line of an Oak Tree in violation of Section , of the City's zoning ordinance shall be subject to the following remedies in addition to any penalties provided by the Municipal Code. 10 TREES ORD 9/24/91 '411„ r *411' (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. b. Restitution It has been determined that the Class I and Class II Trees within the City are valuable environmental assets to the citizens of this community and as a result of the loss or damage to any of these trees, the public should be recompensed. Any person violating the provisions of this Chapter shall be responsible for proper restitution and may be required to replace the Class I or Class II Tree, so removed or damaged. 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 number, size and location of said equivalent replacement Class I or Class II Trees shall be determined by the Director of Planning. The value 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 ". VIOLATIONS A violation of the prohibitions of this Chapter, including the removal of an Class I or Class II Tree, without a permit, or any condition of a Tree Permit granted under authority of this Chapter is a misdemeanor and shall be punishable as provided by Section 1200 of the Arcadia Municipal Code. LIABILITY DISCLAIMER 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 trees in a safe condition on their propoerty. This ordinance does not relieve the owner or possessor of private property from the duty to keep trees subject to this ordinance in such a condition as to 11 TREES ORD 9/24/94. en prevent the tree from constituting a hazard or dangerous condition to persons or property. 12 TREES ORD 9/24/91 .� J M TO: Jim Rostron Bob Eriksson Bill Wyman Jim Potter Judie Draper Mike Ferguson Bob Lincoln r�ECEJV SO JUL �z 9 1991 Gln Of ARGAOIA pLANN04 OiPT• FROM: Randy Stoke In re: Oak Tree Ordinance M July 25, 1991 cc: Bill Woodard Enclosed is a draft of a talking piece which I hope will be sufficient for our meeting with Bill Woodard. It is supposed to be what we discussed. The meeting with Woodard will be held in the City Hall chambers on Tuesday July 30th at 7:00 p.m. See u then, H, St e DATE: July 179- 1991'. TO: William Woodard, Director of Planning City of Arcadia, California FROM: Rancho Santa Anita Property Owners Association Incorporated, Highland Homeowners Association, Rancho Santa Anita Residents Association, Santa Anita Oaks Homeowners Association. RE: COMMENTS ON THE PROPOSED TREE PRESERVATION ORDINANCE. Comments & Recommendations City owned Prtperty.- • The ordinance process should apply to City owned property and Redevelopment Agency property, whereas the current draft exempts these uses. • Preservation of Oak trees and other indigenous species should be planned into site development. Alternatives often exist to tree removal or relocation if the issues are addressed early in the site planning process. Trees to be Protected: The definitions proposed in this draft are a bit complicated and confusing. • Tree designations need to be simplified to include only two classifications; Class I: Protected Trees, and Class II: Significant Trees. CLASS 1: PROTESTED TREES: • Class I bees shall be any of the following with a circumference of 24' at V -0• above grade. nuerctis agrifolia Coast Live Oak Quercua chozolepW Canyon Oak Quercus englomannii Mesa Oak' Quercus ilex Holly Oak Quercus tuber - Cork Oak - Quercus virginiana Southern LivO Osk Platanus racemosa California Sycamore ; This is a list of naturally, occurring and introduced Oak and Sycamore trees that have ;significant landscape value, and /or are sufficiently rare to warrant protection. - - i - • ` �• !' , nut` i `, - %v., CLASS 11: SIGNIFICANT TREES: • Class II trees shall be any tree with a circumference of 48" at 4 " -0" above grade, regardless of type. • Hack yards should not be excluded from tree protection. Class I and Class II trees should be considered for protection regardless of their location on a property. Expand Protected Zone: • Under definitions, p. should include ; " In no case should the protected zone be less than 15' from the trunk of the Oak Tree, or exclude the known root structure in the case of irregularly shaped trees." Expand Prohibited Acts: We are encouraged to see the inclusion of many problematic practices included under prohibited acts constituting "Removal ". • Under r(1) excessive watering within the dripline should also be included as a cause of damage to the root system. • "Removal" should be expanded to proscribe the limits of certain acts such as prohibiting construction within the drip -line. The definitional clauses f, p, and r should become "action" sections. Oak Tree Protection Regulations: • Tree permits should be required for the following only: 1. Removal of Class I and II Trees. r 2. Pruning of branches larger than 12" in circumference on class I trees ' ,only. All pruning work shall be required to be performed by a Certified Arborist in a professional manner consistent with industry standards. • Oak Tree reports should be eliminated. It is recommended that the City should contract with a Certified Arborist to supervise granting of all permits and inspections of all pruning work performed under -Tree Permits.,_ Require Certification of Aiborists /Tree Services: f. J • It is our recommondatio4 that staff research State Licensing requ7rements and institute a policy of checking• all Arborists and Tree Services for certification and ' 11cenies before granting permits. • ,;,All tree trimming under the Ordinance should be done by a Certified f Licensed Arborist. n En • Business licenses should be checked by the city to insure the tree trimmers have the appropriate insurances and have paid their fees. Required Protective Measures: • Section a. should read; "No construction or related activity.... shall occur within the dripline of any Oak Tree" • These protective measures shall apply generally to all Class I trees, not just during construction only. Standards for Granting or Denying Tree Permits: • Under b. the wording should be as follows; Tree removal will be allowed only where needed for building additions or construction of improvements and consistent with the character of the subject property and where suitable replacement andlor relocation is provided." • Under e.;" the recommendation of the architectural Review Board of the Homeowner's Association shall be required whenever a tree is proposed to be removed within the association's jurisdiction." Enforcement: Within this section, much clarification is needed; • Under b. Restitution, it is assumed that the following will be required: i. ' Restitution shall be in the form of a payment to the City. 2. Tree replacement costs will be based upon the value or actual replacement cost, whichever is higher. 3. punitive fines of sufficient amounts are necessary to act as dis- incentive to violating the Ordinance. • It is recommended that bonding be included as a requirement to act as insurance that restitution be easily obtained, and to act as a dis- incentive to violating the Ordinance. Appreciation is expressed to Mr. Bob Eriksson for his contribution to the deliberation of the Associations. The Rancho Santa Anita Association was assisted in its review by Toyon ONipa P / I J n JUNE 11, 1991 TO: PLANNING COMMISSION n FROM: WILLIAM WOOLARD, DIRECTOR OF PLANNING SUBJECT: TA 91 -005 TREE PRESERVATION REGULATIONS BACKGROUND In March 1991, in response to growing citizen concern regarding the removal of large trees, the City Council directed staff to draft a City -wide tree preservation ordinance to address endangered, indigenous and large trees. Staff's draft regulations were considered by the Council at its May 7th meeting, at which time the City Council directed staff to initiate this text amendment for the consideration of adopting a tree preservation ordinance. The Council felt that the public hearing process, before the Planning Commission and subsequently the City Council, would afford all the citizens the opportunity to provide testimony concerning the pros and cons of adopting such regulations. Attached are staff's May 7th cover letter and draft ordinance to the Council. SUMMARY OF THE DRAFT ORDINANCE The draft ordinance provides for the protection of the following trees located anywhere on a lot: Any size Engelmann oak, California live oak or Coast live oak, and any other oak tree with a circumference larger than 38 inches, and California sycamore, Blue elderberry, Freemont cottonwood or willow, with a circumference larger than 19 inches. Any tree with a circumference larger than 38 inches would be protected if located in a front yard or street side yard or street side yard of a corner lot. The proposed regulations set forth permit requirements for cutting, trimming or removal of certain oak trees, and provisions for protective measures around oak trees during nearby construction activities. Permits would be required for removal of indigenous trees and for large trees located in front or street side yards. PC TREES 6kll1 /91 .� _ fir+ *46� The ordinance assumes that the existing homeowners associations which have tree regulations pertaining to the removal of certain trees (Highland Homeowners Association, Rancho Santa Anita Property Owner's Association, Santa Anita Oaks Association, and Santa Anita Village Community Association), will have their tree preservation requirements deleted. The proposed regulations provide for enforcement through existing misdemeanor regulations, suspension of building permits and restitution. The fee for a Tree Permit would be set by resolution of the City Council. If the fees are to be commensurate with the cost of processing and reviewing applications, issuing permits and administration of the regulations it is estimated that a Tree Permit will cost $150 for one to five trees, and $250 for more than five trees. This text amendment requires public hearings before both the Planning Commission and the City Council, and if adopted will be included in the City's zoning regulations. ADMINISTRATION OF REGULATIONS It is estimated that it will require one additional full -time staff person, trained in landscape architecture, arborculture or horticulture, to provide information to the public and administer the permit and enforcement provisions of the regulations as set forth in the ordinance. The cost to the City for the additional position is estimated to be $54,000, including PERS. ANALYSIS/ COMMENTS Trees in General One of the reasons Arcadia is considered a beautiful community is because of its many trees. The City's large lots lend to the planting and maintenance of trees. When looking at current aerial photographs of the City, the extent of vegetation is clearly evident and contrasts with many of the surrounding communities. However, Arcadia has not always been that way. Early birds -eye view photographs of the City taken from the Longley Way area toward the north clearly show an absence of trees in the City. Much of the land was vacant and many other properties were developed with chicken ranches. The subdivision of larger underdeveloped properties into residential lots has resulted in homes with front yard and rear yard areas which have been 2 PC TREES 6/11/91 '- � IvLfi M extensively landscaped with trees and other vegetation, and the planting of more street trees. Although staff has always encouraged tree preservation, not all trees are considered desirable. As an example, Chinese elm trees are very messy; they have shallow, surface feeder roots which restrict planting underneath the tree and the shallow root system can destroy foundations, walkways, etc. Another example are pine trees. Although pine trees are appropriate in rural and mountain areas, they are very dirty and because of the pine needles it is difficult to plant anything underneath the tree. Although both of the above trees have their merits, they are not conclusive to the keeping of lawns and planting areas. Also, fruit trees can grow to very large sizes, especially avocado trees. While bearing fruit, these trees are messy and are not always desirable near pool areas or in yards where persons entertain and children play. At times the location of existing trees on a lot prohibits or restricts additions to existing buildings or new development without the removal of the tree(s). Oak Trees Certain species of oak trees are rare and beautiful, others quite common and considered less attractive. Generally, the rare and beautiful oaks do not adapt well to urban development. Not only is nearby development hard on these trees, the desire for lawns and plants in close proximity to these trees often leads to their eventual demise. There have been specific instances in which large oak trees were "trimmed" leaving only the trunk and a couple of large diameter branches. In other instances major oak tree roots were severed in order to construct a garden wall. While such actions are often done in ignorance, in each case the trees life expectancy is significantly reduced. The trees may not die immediately, but the improper cutting, watering, etc. allows for diseases and bugs to enter the tree, eventually killing the tree. In some cases this death may take several years. It would be futile to "save" a rare oak tree from being cut down if there are no requirements or restrictions on trimming, pruning, planting or watering, since improper actions in any of these areas can lead to the tree's demise. Informational guides for oak tree preservation and maintenance have been prepared by a number of agencies including Santa Clarita, Los Angeles County, University of California Natural Resources Program, and the 3 PC TREES r_ 6(11/91 - *4w. 14" California Native r pant Society. These guides provide the public with valuable information regarding the care and maintenance of oak trees. The information in the guides is advisory in nature and is not specific enough to cover all situations and conditions. The guides are not a substitute for professional recommendations. The City of Santa Clarita has published a six page booklet for its residents titled "Understanding Our Oak Trees ". The booklet notes the types of oaks in their area, growth characteristics, and guidelines for watering, grading, trenching, soil compacting and paving, mulching, fertilizing, pruning, and disease and pest control. The booklet is not a substitute for Santa Clarita's lengthy and detailed regulations (32 pages). With respect to oak tree pruning it states the following: "While pruning should be avoided whenever possible, it is important to employ good forestry practices. By this we mean, that good judgement, by qualified professionals, should be exercised to prevent major damage to the tree or property..." In accordance with the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed text amendment. The Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the text amendment including land, air, water, flora, fauna, ambient noise, and objects of historical or aesthetic significance. There is no evidence that the proposed text amendment will have any potential for adverse effect on wildlife resources. Therefore, a Negative Declaration has been prepared for this Text Amendment. RECOMMENDATION Staff recommends that tree preservation encompass only Oak Trees and indigenous trees. Staff does not believe that tree preservation regulations need to be as extensive as set forth in the draft ordinance. While there have been some instances when trees have been removed seemingly without any reason, the history of development within the City has resulted in the planting of trees and other landscaping without the necessity of extensive regulations. Staff believes that limiting the scope of the regulations to Oak Trees and indigenous trees would be a more reasonable and justifiable approach. Limiting the regulations to these trees is estimated to significantly reduce the expense to the property owners, delays in development, and may eliminate the need for additional Ci , staff. 4 PC TREES 6/11/91 M ACTION M The Planning Commission should direct staff to convey the Commission's recommendations and comments to the City Council. g PC TREES $/11/91 J ti M E5 DRAFT TREE PRESERVATION ORDINANCE INTENT AND PURPOSE This Chapter is established to recognize 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. SCOPE The provisions of this Chapter shall apply to all 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. A 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 a tree poses an imminent threat to the public safety, or general welfare. C. Visual Barriers. Removal or relocation of 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. Licensed Nursery. Trees planted, grown or held for sale by licensed nurseries or the removal or transplanting of same pursuant to, and as a part of, the operation of a licensed nursery business. TREES 6/11/91 Page 1 vJ M M f. City Property. Removal of 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. g. Arcadia Redevelopment Agency Property. 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. h. Pruning and Trimming. This Section shall not preclude pruning or trimming of any Protected Indigenous Tree or Protected Tree, which does not endanger the life of the tree. DEFINITIONS For the purposes of this Article, certain words and phrases used herein shall be defined as follows: a. Cutting or Pruning. Cutting or pruning shall mean the detaching or separating, from a tree, any limb, branch or root. b. Damage. Damage shall mean any action undertaken which causes injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocation or transplanting a tree, or trenching, excavating or paving within the protected zone of a tree. C. Deadwood. Deadwood shall mean limbs, branches or a portion of a tree that contain no green leaves during a period of the year when they should be present. d. 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, "Director" shall mean the Director of Public Works of the City of Arcadia or appointed designee. e. Drip line. Drip line shall mean a series of points formed by the vertical dripping of water from the outward branches and leaves of a tree. TREES 6/11/91 r Page 2 �1 . f. Encroachment. Encroachment shall mean any intrusion or human activity into the protected zone of a tree including, but not limited to, pruning, grading, excavation, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. g. Oak tree. Oak tree shall mean Protected Endangered Oak Tree, Protected Oak Tree, or other oak tree which is a Protected Tree as defined in this Chapter. h. Oak Tree Consultant. Oak Tree Consultant shall mean a Certified Arborist. i. Person. Person shall mean any person, partnership, firm, corporation, governmental agency or other legal entity. j. Preservation. Preservation shall mean the acts of keeping or saving a tree from harm or destruction by proper maintenance, pruning, treatment, and other means of safeguarding trees. k. 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. 1. Protected Endangered Oak Tree. Protected endangered oak tree shall mean the quercus Engelmannii (Engelmann oak), of any size. M. Protected Indigenous Tree. Protected indigenous tree shall include the following trees with a trunk circumference larger than nineteen inches (19 "), measured at a point four and one half feet (41/2') above the crown root, or in the case of a tree with more than one 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: 1. Platanus racemosa (California Sycamore) 2. Sambucus caerulea (Blue Elderberry) 3. Populus fremontii (Fremont Cottonwood) 4. Salix (Willow) TREES 6/11/91 Page 3 J M En n. Protected Oak Tree. Protected oak tree shall mean the quercus agrifolia (coast live oak, California live oak) of any size. o. Protected Tree. Protected Tree shall mean any living tree, except for an Oak Tree, with a trunk circumference larger than ty- 38 " five - 25-) 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 trunk, any such tree with a circumference of any two (2) trunks of at least thirty -two (32) inches, measured at a point four and one half feet (4 1/2'), above the crown root. p. 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 tree. Using the dripline as a point of reference, the protected zone shall commence at a point five feet (5) outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen feet (15') from the trunk of an Oak Tree. q. Public property. Public property shall mean land owned by a public or governmental entity and generally accessible to the public. r. Removal. Removal shall mean the uprooting, cutting, or severing of the main trunk of the 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 a tree. S. Routine maintenance. Routine maintenance shall mean action needed for the continued good health of a tree including, but not TREES 6/11/91 Page 4 ar CM CM limited to, removal of deadwood, insect control spraying and watering. t. Root crown. Root crown shall mean that portion of a tree trunk from which roots extend laterally into the ground. U. Tree. Tree shall mean any Protected Endangered Oak Tree, Protected Oak Tree, Protected Indigenous Tree, or Protected Tree, as defined in this Chapter. V. Undeveloped property. Undeveloped property shall mean land which is in its natural, original, or pristine state. W. 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. OAK TREE PROTECTION REGULATIONS 1. Tree Permit Required. No Oak Tree shall be cut, pruned, trimmed, removed, damaged, or otherwise destroyed except as provided for in this Chapter unless a Tree Permit has been issued by the Director of Planning. Exception: The removal of deadwood is exempt from the requirement to obtain a permit. Exception: Live limbs or branches that do not exceed six inches (61 in circumference and are considered to be unsafe because of decay, rot, cavities, cracks or splitting can be removed without obtaining a permit. However, the decision to remove such limbs must be made by the applicant's oak tree consultant. Any remedial actions on limbs larger than six inches (61 in circumference will be subject to City approval. Such request shall include a brief written report from the applicant's oak tree consultant detailing the conditions that exist and any remedial work recommended to correct the situation. 2. Oak Tree Report Required. Applications for the cutting, pruning, trimming, removal, or encroachment into the protected zone of any Oak Tree shall be accompanied by an Oak Tree Report prepared by an Oak Tree Consultant containing specific information on the location, condition, TREES 6/11/91 Page 5 J • CM M potential impacts from the proposed activity, and recommended actions and mitigation measures regarding the proposed activity. An Oak Tree Report may be waived in situations involving the removal of dead or hazardous trees. In situations requiring the submission of an Oak Tree Report, the document shall be certified by the Oak Tree Consultant to be true and correct and must be acceptable to the Director of Planning. The Oak Tree Report shall include the physical evaluation of each tree including but not limited to the following: a. Location of the tree - prepared by a professional engineer or a licensed land surveyor. b. Circumference of the tree at a point four and one -half feet (4 1/2') above the root crown. C. Diameter of canopy and accurate plotting of the protected zone and mean natural grade at the base. d. Height of the tree. e. Existing tree environment including type of terrain f. Physical structure - excessive horizontal branching unbalanced crown, broken branches, etc.; and any mitigation measures necessary to correct any problems. g. The minimum clearance from the present grade to the bottom of the canopy on each of the compass points. Horticultural evaluation information including but not limited to: a. Physical evidence of disease, exfoliation, leaf scorch, exudations; etc., b. Identification of pests, twig girdle- borers, termites, pit scale, plant parasites; etc., C. Evaluation of tree's vigor - new tip growth, good leaf color, poor leaf color, abnormal bark, deadwood, thinning of crown TREES 6/11/91 { r. Page 6 4r -, n d. Recommended mitigation measures necessary to correct any problems. Tagging In the process of preparing Oak Tree Reports, each tree is required to be numbered. In order to standardize the system so that everyone may easily locate the tree number, the tag shall be affixed to the north side of the tree at a height of four and one - half feet (41 /2') above the root crown. The tag shall be made from a non - corrosive, all weather material and be permanently attached to the tree. The tag shall be a minimum of one and one - quarter inched (1 -1/4 ") to a maximum of two inches (2 ") in size. 3. Required Protective Measures. The following protective measures are hereby established to protect Oak Trees during development or construction activity: a. No construction related activities shall occur within the drip line of any Oak Tree, including but not limited to, storage of materials, grade changes, or attachment of wires to or around tree trunks, stems, or limbs. b. No structure or impervious paving shall be located within a six (6) foot radius of the trunk perimeter of any Oak Tree. A tree with a circumference of ninety -four inches (94 ") or more shall measured at a point four and one half feet (4 1/2'), above the crown root, require additional space as determined by the Director of Planning. C. 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. Such barriers shall be installed prior to the commencement of any development on the site and shall remain in place throughout the construction period. d. Branches that may be injured by vehicles or that interfere with construction shall be pruned carefully. All such pruning shall be done by a licensed arborist, and to the satisfaction of the Director of Planning. TREES 6/11/91 Page 7 PROTECTED INDIGENOUS TREES Tree Permit Required. No Protected Indigenous Tree shall be removed, damaged, or otherwise destroyed except as provided for in Sections unless a Tree Permit has been issued by the Director of Planning. A Tree Permit is not required for the removal of deadwood, pruning or trimming, which does not endanger the life of the tree. PROTECTED TREES 1. Tree Permit Required. No Protected Tree which is located between any structure and an adjacent street, or within any required front yard setback or side yard setback on the street side of a corner lot, shall be removed, damaged, or otherwise destroyed except as provided for in Sections unless a Tree Permit has been issued by the Director of Planning. A Tree Permit is not required for the removal of deadwood, pruning or trimming, which does not endanger the life of the tree. STANDARDS FOR GRANTING OR DENYING TREE PERMITS The determination by the Director of Planning, shall be based on the following criteria: a. 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 adversley effected by the retention of said tree; b. The necessity to remove a tree in order to construct improvements which allow economic enjoyment of the property; C. The recommendation of the Architectural Review (Committee) of the Homeowner Association shall considered whenever a tree is proposed to be removed within e association's jurisdiction. TREES 6/11/91 Is J APPLICATION AND FEES Prior to the granting of a Tree Permit, an application for removal shall be submitted to the Planning Department. The content, form, instructions, procedures, and requirements of the application package deemed necessary and appropriate for the proper enforcement of this Chapter shall be established by the Planning Department. The application for a Tree Permit shall be accompanied by the appropriate fee as established by the City Council. The fee shall be commensurate with the cost of processing and reviewing applications for permits and administration of this Chapter. The Director of Planning, may refer any application for a Tree Permit to the Planning Commission for determination. TREE EVALUATION REPORT As a part of the application review process, the Director of Planning may require that the applicant submit a tree report to the City which shall include, as a minimum, data regarding genus and /or species, age, size (including canopy, caliper, trunk, and height), relative health, and any mitigation proposals for all Oak Trees, Protected Indigenous Tree, or Protected Trees on the site. ACTION ON APPLICATION Upon the receipt of an application to remove an Oak Tree, Protected Indigenous Tree, or Protected Tree, the Director of Planning shall have five (3) working days to determine the completeness of the application. Once the application has been determined to be complete, the Director of Planning shall have ten (10) working days to approve, conditionally approve, or deny the application in accordance with the provisions of this Chapter. The Planning Director may refer any request for a Tree Permit directly to the Planning Commission for determination. If the Director of Planning fails to approve, deny, conditionally approve or refer an application to the Planning. Commission, within the time period specified in this section, the application for tree removal shall be deemed approved. 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. On properties located in a Homeowners Association area established pursuant to Section 9272.3., of the Arcadia Municipal Code, any application TREES 6/11/91 Page 9 'Y 1 14W '4� for removal of an Oak Tree, Protected Indigenous Tree, or Protected Tree, shall be accompanied by a recommendation from the Architectural Review Board (Committee) of said Homeowners Association concerning the proposed removal. The Director of Planning may deny without further action any application for a Tree Permit if such application does not contain the pertinent required information. CONDITIONS Conditions may be imposed on the permit at the discretion of the decision - maker including, but not limited to, any of the following: 1. A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, tree limb(s) or encroachment into the protected zone of an Oak Tree. 2. The relocating of trees on -site, or the planting of new trees on -site to offset the loss of a tree. The applicant may be required to provide periodic affidavits by a certified arborist at the following stages of development: a. Conclusion of grading, b. Conclusion of construction, C. One (1) year after the planting of replacement or relocated trees, d. Two (2) years after the planting of replacement or relocated trees. 4-Such affidavit shall certify compliance with all conditions of the permit and the health of all replacement or relocated trees. 3. A condition requiring a maintenance and care program, as directed by ,a Certified Arborist, shall be required. This program shall be initiated to insure the continued health and care of trees on the property. APPEALS Appeals from the Director of Planning's decision shall be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within five (5) working days of the Directors TREES 6/11/91 Page 10 r M decision, and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt in proper form of an appeal from the Director's decision, the secretary of the Planning Commission shall fix a time and place for public hearing thereon to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. Appeals from the Planning Commission's decision shall be made to the City Council. Said appeal shall be made in writing and delivered to the Planning Department within five (5) working days of the Commission's decision, and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. At its next regular meeting after the filing of such appeal, the Council shall set a date for a public hearing thereon. ENFORCEMENT 1. The Planning Department, through its Code Enforcement Officers, shall vigorously 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. 2. Whenever any construction or work is being performed contrary to the provisions of this Chapter, any 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 the violation has been rectified and approved by the Director of Planning. I Citations a. Additional Remedies Any person who violates any provisions of this Chapter or encroaches into the drip line of an Oak Tree in violation of Section , of the City's zoning ordinance shall be subject to the following remedies in addition to any penalties provided by the Municipal Code. TREES 6/11/91 Page i 1 Y i. %we °'400, (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. b. Restitution It has been determined that the Oak Trees, Protected Indigenous Trees, and Protected Trees within the City are valuable environmental assets to the citizens of this community and as a result of the loss or damage to any of these trees, the public should be recompensed. Any person violating the provisions of this Chapter shall be responsible for proper restitution and may be required to replace the Oak Tree, Protected Indigenous Tree, or Protected Tree, so removed or damaged. 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 number, size and location of said equivalent replacement Oak Tree, Protected Indigenous Trees, or Protected Trees shall be determined by the Director of Planning. The value shall be established as provided in the tree evaluation formula, as prepared by the International Society of Arboriculture "Guide to Establishing Values for Trees and Shrubs ". • _ #• A violation of the prohibitions of this Chapter, including the removal of an Oak Tree, Protected Indigenous Tree, or Protected Tree, without a permit, or any condition of a Tree Permit granted under authority of this Chapter is a misdemeanor and shall be punishable as provided by Section 1200 of the Arcadia Municipal Code. TREES 6/11/91 Page 12 `'Nw File No. TA 91 -005 CALIFORNIA ENVIRONMENTAL QUALITY ACT CITY OF ARCADIA, CALIFORNIA Description of project: 7�AAEaCM�1� 6M ►46 \ o B. Location of project: City of Arcadia C Name of applicant or sponsor: City of Arcadia D Finding: This project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970 for the reasons set forth in the attached Initial Study. E Mitigation measures, if any, included in the project to avoid potentially significant effects: Date: 5/14/91 Signature Date Posted: +mot Planning Director Title File No. TA 91 -005 ENVIROP;,AENTAL CHECKLIST FORM A. BACKGROUND 1. Name of Proponent City of Arcadia 2. Address and Phone Number of Proponent 240 W. Huntington Dr. Arcadia, CA 91007 (818) 574 -5423 B, ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 1. talc n. Will tree proposal result an: 2-1 4AYt[ VO h reduction K. substantial ducsaon in the NAyet 40 a. 7nsCable Hrth cbndations Or In .01 forUpu Ot Wtei OChervlN aVU IaDU for public weer euppliest .ungee in Iselogae wDateuetures? ..� h. Ala rupelon/, lass LeeASnsa� tom- i. tape use o! plop is or Property nasatds such u pact ion or overcoverinq of the foal? _ floodiartrslatsd c. Cnange an topography or ground 01 a. plant Life. Will the r proposal result an: furfsee re last C eat ureaT a. change !man ne diversity Of species, !. -he destrucCaGn, coVerLng or I Olanc wodafaeatlon of any unique geologic ✓ lludLhq tress,asshhrubs,og rags, Crops, cr physical Caat urea? eler. ra and Nwtao Dlancsit a. My increase In rind ]r .attr b• Reduction of the numbers of any /ionof soil+, as trier on or off unique, rare or eadaMered species one .� of plants? — — f. :nanges an saltation, deposition c. introduction of now species of or ero Ion rnach :say modify the plants into an area, or result in a channel of a river or stress. barrier to tna normal replan afnaeAC of saiatanq species? g. 7aposure of people or property to geologic has rch suers a eaeengwasa. S. Life. Will she proposal resale :art da loom. mud/lidu. ground failure, � .MS�1 lni ]r Similar narasda? a• change in the diversity of species, ?. Aar. will ens proposal result !n: Ot nunbers of any species of aA1Yl/ (birds, land animals including reptiles, a. Substantial air emissions or � [San and /hellfish, bewlehle orgahllY, lstorioratlon of Yblent air quality? insects as glcrefauna)? o. The Creation of Objectionable � b. aed4ation Of the numbers of any odors? unique, ran Or and=rwe species of animals? ✓ c. Alteration of air mVement, �maeure of temper►ture, or any c. t"reduction of nw species of ❑nange in aa64ta, uchu locally animals 1Ate aA arse, or result in or Coq iOnslly7 :barrios t0 the migration or mOee� MAC et "1"442 J. water. Will the proposal result ln: d. Daterieratim to existing wildlife a. ChaMos an currents er the 004964 habitat? ✓ If directton of rotas mvemesto la Cresh .store - a. Netae. will tAe proposal result in: b. changes to "Sorptiem gates. rees In S&L sing notes levels? a. lnses pat drainage terns, or Um rats 4" amount of surface rater rim eft? ' D. Upmesse Ot psepls to severs nsisg leesla? ✓ c. Alterations to the Seeing or Claw of flood raters? 7. Weht a "e 41as {, Will thg prgeeel Pt0 we hue g t er {lase? ✓ d. :Tango in the amount of owtees ' r .star in any .star body? �� r• a allmail tiallal he Missiles �t 1s s. Discharge into Surface voters. or Preesat Or plasm" lam" we Of N arm? in say alteration Of surface water — guellty, including but not limited to t. N will Wes proposal taesaturs, dissolves oxygen or mp M ei w turbidity? a. LAereW im the fete Of uN Of amy f. Alterstlem of the diresciw Or rata Ot f low of ground waton? Meansal rosovweem? 0. 7uMtMtial deplettw of aq ,j ChaMe is the quantity of gtma " nohreme gable nsQaral ro" woe? ✓ waters, either through direst ad"itiam or withdrawals. or thrown intereopeles of any aquifer by Sets or sseavatlems? Ix ` yr '�5 vAfeC v- .J as.� -_ 'ef - ^.e •':Pole[ • Jatrlct n of ln/ ]Cen1C :taw open to :ne P-l.:. Jr 1 ;1 t,, _. test - .'mite -a Jc rad1JC :Cn� . 's +vt nc Y. an aCC:lant Jt / open to Puollc ,l aW' C. OETCSNINATICN :?n wLl: :�e aroPof alcf[ oe Completed by the '-dad A94ACyl _.]c on. :0 nf::y. -,uant:t; it ax lstinq recreational On the baele of tri, lnitlal evaluatlont _ - Jracoaal It !pct ;. ,end the Proposed project "OULO 40T nave s fi-; ^,::::ant _ -teat• ] � an ! tarat :Jn Jf '+tll be prepared. l 11grt1f:Jant fCC:{tOaagLtal It Q ,end Ghee alenou9h e%a Proposed prefect c11.1 :a tIr-Al 11te. 1er:c:Jre. Jo7etc •!tact on the environment. then .i Itcant be a elgni ti CJnt •flat' In chi! eau PlCeuae :na a ::;lC:on :P ... wanlltON ?in11. ^•3a �E � : ?� :t :CanC1. me NYr11 dal Crlbed on an aGtaCMd !MK nave Dean aaad tn. OC :e !lal the pro7eet. A 41GATIVE DECLARATION WILL 3E 7a.EP ARE[ er:s :o Q I -find the Proposed project YAr have a flgnl,: -ant .!,—t ;ae.Ca :te - ao.cae Jr a on the anwi ronmene, and an ENVIRONNINTAL =➢PACT iEP :RT .a Jr 11 S c-S . :14se 1 ::an required. Pcp.lat :Jn Jrty ca.Jw is .acUnlnq ._ ..1. lr [laCen :J :r 1.'a: ate a P.J :. ^•' 1n •e:JCa :nt '_:ber ^. .. t ._.J t'. tan g• � dangarad J :ant tr an: gal -:J :- aner :ecreat.or.al � is e. NSLnCiRiRCe of pty]:LC CbCLll^ the Pro;met 'favt t'�a Paten :lal tS aCRta'(e aRC r6-:arm. C ^.a 1.5 ad v ant age � ., )t. ^.fr ao vara�ancal lnry lcea' � � rtl- .1 - :s rAr_!C v0 .8. y. +i;1 tna ortposal relu.t • Jatrlct n of ln/ ]Cen1C :taw open to :ne P-l.:. Jr 1 =CaaI on Ct an an :Re tlG l :y JEf Nal ve open to Puollc ,l aW' C. OETCSNINATICN :3 aQcreatlan, wt:: : "e t-Poul result oe Completed by the '-dad A94ACyl .1 sn -pact -Pon the 7ua..cy :r -,uant:t; it ax lstinq recreational On the baele of tri, lnitlal evaluatlont t JPpO rt.ni iu! ;. ,end the Proposed project "OULO 40T nave s fi-; ^,::::ant :�. :[:neo:a 1Ca :/11a t0 riCa 1. +ll: :na •,feet on the anvlroNNnt. and a vEOAT- OCCLA RAT = =n an ! tarat :Jn Jf '+tll be prepared. l 11grt1f:Jant fCC:{tOaagLtal It Q ,end Ghee alenou9h e%a Proposed prefect c11.1 :a tIr-Al 11te. 1er:c:Jre. Jo7etc •!tact on the environment. then .i Itcant be a elgni ti CJnt •flat' In chi! eau PlCeuae :na a ::;lC:on :P ... wanlltON ?in11. ^•3a �E � : ?� :t :CanC1. me NYr11 dal Crlbed on an aGtaCMd !MK nave Dean aaad tn. OC :e !lal the pro7eet. A 41GATIVE DECLARATION WILL 3E 7a.EP ARE[ tta .1.. 1Jnru nt. Q I -find the Proposed project YAr have a flgnl,: -ant .!,—t ;ae.Ca :te - ao.cae Jr a on the anwi ronmene, and an ENVIRONNINTAL =➢PACT iEP :RT .a Jr 11 S c-S . :14se 1 ::an required. Pcp.lat :Jn Jrty ca.Jw is .acUnlnq ._ ..1. lr [laCen :J :r 1.'a: ate a P.J :. ^•' 1n •e:JCa :nt '_:ber ^. .. t ._.J t'. tan g• � dangarad J :ant tr an: gal _r el I At - ❑Dort!': axawp :aa Jf ]:.a ^'a;Or Pfrlod! or or m it r the Pro;met 'favt t'�a Paten :lal tS aCRta'(e aRC r6-:arm. C ^.a 1.5 ad v ant age Jf anq -tar' in•J iconms ntal :oaia' A ra ['pact an :rs env: nn,'ent :1 Cne wnlch CCC.a :n A Jtiat, ie L:nit:':a :'e white _Jn9 -term :.'pacts +1:: •'dean +a LL .nto .ne f'Jt.re. i c. OoQ the ?ro:act have 1`p4cts .h,cn era lnoYVidull:J ::Thad. Seat C :mulaGlv.:n con, lee [sb le' A PCO Ject -ay LmpaCt Cn twa Cr m0 re ,•Para[• rafOUrGea +haH '1ta :mpsCt Cn eaCn rasa urea a nlatl vfly small, 04C where :M affect of the total of those Lmpaees In the environment :a slgniflcant.� Ooa! the project hl ve •nvlroneenCll if. ,,Ctl +h1Cn .111 Ca ua0 fuDo an.,al ldveree •!feces Pn Raman beingf, althsr lit C. ly Pr lntll reecly., T. O :SCUSSION or ENVTOONMRSTJLL EVALUATION 1 S C. OETCSNINATICN oe Completed by the '-dad A94ACyl On the baele of tri, lnitlal evaluatlont t of a. ;. ,end the Proposed project "OULO 40T nave s fi-; ^,::::ant -^ •,feet on the anvlroNNnt. and a vEOAT- OCCLA RAT = =n '+tll be prepared. Q ,end Ghee alenou9h e%a Proposed prefect c11.1 •!tact on the environment. then .i Itcant be a elgni ti CJnt •flat' In chi! eau PlCeuae :na a ::;lC:on :P me NYr11 dal Crlbed on an aGtaCMd !MK nave Dean aaad the pro7eet. A 41GATIVE DECLARATION WILL 3E 7a.EP ARE[ Q I -find the Proposed project YAr have a flgnl,: -ant .!,—t on the anwi ronmene, and an ENVIRONNINTAL =➢PACT iEP :RT .a required. 1"o NO. TA 91 -005 A. .applicant's Name: City of Arcadia :address: 240 W. Huntington Dr Arcadia CA 91007 B. Property Address (Location): City of Arcadia C General Plan Designation: x/A D. Zone Classification: M/A Proposed activities, employment): _! /. ..�' V iL� .'11 �. =� Gam► �L _t . •: _ r F. Square Footage of Site: N/A G. Square Footage of Existing Buildings: 1. To Remain: X14 2. To Be Removed:!a K Square Footage of New Buildings: �tls I. Square Footage of Buildings to be Used for: 1. Commercial Activities: N/A 2. Industrial Activities: N/A 3. Residential Activities: N/A :dumber of Units: N/A Btu Environmental Information Form YJ �. Describe the fd%.., ving: ' 1. The environmental setting of the project site as it exists. N/A 2. The proposed alterations to the project site. N/A 3. The use and development of the surrounding properties. -2- Environmental Information Farm r. ,- L J x K Check the appi4„r 'ate answers to the followinn`mr� sestions: Yes o 1. Will the proposed project result in a substantial alteration of ground contours and /or alteration of exiting drainage pattern? X . Will the proposed project result in a change in groundwater quality and /or quantity? 3. Will the proposed project result in an increase in noise, vibration, dust, dirt, smoke, fumes, odor or solid waste? X 4. Will the proposed project result in the use or disposal of potentially hazardous materials? x 5. Will the proposed project result in a substantial increase in demand for municipal services and /or energy consumption? X Explain in detail any "YES" answers to the above questions on additional sheets. L. Provide any additional information which would elaborate on the potential environmental consequences resultant from the proposed project. 'Ni. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Date: 5/14/91 Signature of Applicant -3- Environmental Information Form 1023 Rancho Road Arcadia, California 91006 May 12, 1991 Arcadia City Council 240 West Huntington Drive Arcadia, California 91007 Dear Council Members: : Y OF ARCAN 4 MAY 141991J,,� MAVnR TO MAY 16 1991 COUNCIL I urge you to pass an ordinance prohibiting the cutting down of the native oak and sycamore trees without a permit. I have watched with dismay on my one block street while two lots were cleared of beautiful old oaks to make way for monster houses. My disgust was aptly reflected by a neighbor's comment, "Don't worry, we can grow more Just like them In a couple of hundred years." Our trees are the one feature which makes Arcadia special. Without them, we are Just another ordinary looking community. Please follow the example of other farsighted communities, and take steps to preserve the beautiful trees that are still standing. Yours truly. Mrs. Audree Swanson 6 1 1 . m Lv Z.,� C�-� m vt I . fir► M -CLJ� ✓i-LG� t t/ L zE Ct/^�'J GAL- t� e� L� ' -GG ,j 0 cm tit RECEIV ED Mp,� 2 2 X991 cap, C.�ti atiti W Pi lY WtA u A. bcAy sl�a emu, C.C.(• 9 r ooe Arcadia City Council Arcadia Planning Commission City Hall 240 W. Huntington Drive R�GE�vEO MAY 2 1gg1 i' ►oiM���+o oe� Dear members of the Planning Commission and City Council: We would like to express our views on the recent publicity concerning "tree fees ". We are adamantly opposed to the city council's proposal to charge fees for pruning trees on personal property. There are many of us in this city who do value the lush greenery. We have personally taken care of the oak trees on our property for 15 years. It's unfortunate that some people are cutting down large, old trees because of cultural differences or because they are in the way of an addition or development. However, we feel the city government has no right to charge us a fee or send us through the other red tape this ordinance is proposing. The additional paper work and staff involved to oversee this procedure will ultimately cost Arcadia taxpayers more money. If this is such a problem and it involves so many Arcadia residents then let us vote on this proposal. If however, it really involves a few of our residents then address the problem with those who are abusing tree care. We oppose paying fees for other people's problems which have noth- ing to do with us. Sincerely, Tony and Diane Palmer 2073 Carolwood Drive Arcadia, Ca 91006 355 -1506 v .� r MR. 6 MRS. M. RANOALL STOKE H^ M P r O N R O A O ARCAOIA, CALIFORNIA 91006 May 24, 1991 Planning Commission City of Arcadia P. 0. Box 60 Arcadia, CA 91066 -0060 In re: Tree Ordinance Dear Commissioners: RECEIVED MAY 2 8 1991 Crr Os ARCA VA rLA14N1NG Ctrir. I will not be able to attend your meeting of May 28 regarding the above ordinance. Enclosed is a letter to the Editor in response to Councilman Harbicht's views which is pertinent to your review. Respectfully submitted, H. Randall Stoke Encls. cc: Mr. Bill Woolard uJ . . vim, M MR. 6 MRS. H. RANOALL STOKE 1 0 4 0 -• M P r O N Q O 1 0 ARCADIA CALIFORNIA 91006 May 24, 1991 Letter to the Editor: " I love Oak Trees " says Councilman Bob Harbicht. Just a few years ago two Arcadia Councilpersons said they loved Soccer and then voted against lights for the City Hall's multipurpose field. History is repeating itself. What Bob Harbicht told the upper Rancho Association members last Spring was that he looked down from Sierra Madre and saw plenty of trees in Arcadia. Bob Harbicht was and is not moved by the desecration of 6 oak trees ranging up to 36 inches in diameter on one lot. He did not vote to initiate any study or an ordinance for the preservation of aak trees in Arcadia. There is only a small area where certain oak trees thrive and much of that area is in Arcadia. we now live in an urban environment in which there must be a balance between environmental and social - political philosophies. The Adam Smith thought process reflected by Councilman Harbicht has to bend to interface with our urban environment. We have a professional planning staff. I assume that it, like other professional planning staffs, has prepared not only a draft ordinance but a report to demonstrate why the ordinance in its draft form is essential to the preservation of oak and other trees in the City of Arcadia, and is necessary to prevent the kind of desecration described above. I trust that the work product and efficacy of tree ordinances in other cities has also QSt;g91 9: 01 a� 7) . lb %NW `4 May 24, 1991 Page 2 been a part of the review and recommendation process. Ameliorating procedures are always available. The City should make an aerial map of the City at contours which would permit every tree to be identified. The use of such maps can facilitate processing. Findings can be made to establish specific zones in which greater protective measures are necessary for our rare trees. If we cannot obtain some semblance of protection for the environment of our City without a permit, then a permit should be required. A positive, constructive attitude of preservation at least by the other members of the Council is important. I hope that the other members of the City Council will be appreciative of the needs of the City, its environment and its citizens and will not be encumbered by outmoded political dogma. Respectfu y, H. Randall Stoke 05/24/91 8:47m