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HomeMy WebLinkAboutOrdinance No. 02-O30 0 ORDINANCE NO. 02-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 16 OF THE AZUSA MUNICIPAL CODE TO ADD TREE PRESERVATION REQUIREMENTS WHEREAS, the City of Azusa ("City") has an interest to ensure and enhance public health, safety, and welfare through proper care, maintenance, and preservation of trees; and WHEREAS, trees and urban forestry are vital to the future of Azusa; and WHEREAS, the City staff, Tree Committee, and Parks and Recreation Commission worked to develop Tree Preservation Requirements WHEREAS, the City Council finds and determines that amendment of sections 62-191 through 62-201 of the Azusa Municipal Code is both statutorily and categorically exempt from the provisions of the California Environmental Quality Act ("CEQA") (Pub. Resources Code § 21000 et. seq.) and that no significant environmental impacts will occur. Amendment of the above sections of the Azusa Municipal Code is statutorily exempt. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 62-191 through 62-203 of the City of Azusa Municipal Code are hereby deleted, and the following text substituted: Sec. 62-191. Introduction The Tree Preservation Ordinance is adopted to ensure and enhance the public health, safety, an welfare through proper care, maintenance, and preservation of trees in Azusa. Sec. 62-192. Definition of Terms For the purposes of this title, the following words and phrases shall have the meanings respective ascribed to them by this chapter. ANSI 300 Pruning Standards -safety and pruning standards for tree care operations developed by the American National Standards Institute. E 0 Cambium layer -a layer of actively dividing cells responsible for the production of a tree's vascular tissue, critical to the translocation of water, nutrients, and photosynthesis to all living tissues with the tree. The cambium layer is located just underneath the outer bark of woody trees. Certified Arborist -a tree care professional meeting ISA standards of tree care and certified as such. Certified Tree Worker -a tree care professional who works trimming trees, meets ISA standards of tree trimming, and is certified as such. DBH-initials which denote the term "diameter at breast height," and a measurement of diameter of a tree trunk approximately 4-1/2 feet above the root crown. DBH is the standard measurement of tree size used by arborists. Development plan -a series of scale drawings that depict the proposed grading, building construction, street and sidewalk construction, landscape installation, etc. of a subdivision. A plan depicting the existing trees on the property and their preservation is included in the development plan. Drip line -the ground area at the outside edge of a tree's branches or canopy. Established value of trees -financial worth of trees as determined by current market value, replacement, and other assessed worth. Heritage Tree -any tree that has historical or cultural importance/significance to the Azusa area. Infraction -a written document declaring a specified violation of code, law, or legal statute has occurred. International Society of Arboriculture -a professional organization dedicated to promoting proper tree care through education, certification, and scientific research. 2 0 0 ISA -the International Society of Arboriculture. Inventory of public trees -a City document that contains data regarding public trees, including type of tree, size of tree, address/location of tree, surrounding ground cover/hardscape and condition thereof, and health of the tree. List of approved street trees- list of trees determined by Council resolution to be suitable for planting in City parkways at the discretion of the City's Director of Public Works. List of undesirable trees -those trees which are not suitable for planting in City parkways or on other public property. Parkway/Easement/Right of Way -land owned by another over which the City has an easement or right-of-way for street and related purposes. Parkway refers to that portion of a street right-of-way which is available for landscaping, and not for curb, gutter, or pavement. Post and beam construction -wood framework method of building a structure, usually corner wood posts attached to supporting wood beams. Public property -land owned by a public or governmental entity and generally accessible to the public. Public trees -any tree growing in City parkways and right-of-ways or City parks, or on any other City -owned property. Root crown/Root collar -the junction between the roofs of a tree and its trunk(s) often indicated by a trunk flare. Root pruning -a technique for the proper removal of unwanted roots. K3 0 0 Soil compaction -ground or soil that is heavily traveled, trampled and/or impacted, resulting in loss of natural soil structure, aeration and water infiltration; soil compaction is generally interpreted as injurious to tree health. Street tree -a tree located in the right-of-way easement owned and maintained by the City. Thinning/Pruningrrrimming-to reduce the size of a tree using professionally accepted standards. Topping -a severe type of pruning which produces less desirable results than more moderate pruning with respect to a tree's natural form, and which are generally hazardous to the overall health and stability of the tree. Tree crown -that portion of the tree encompassed by the lowest branches on the trunk extending to the top of the tree. Tree protection zones -areas designated for special care of trees during development. Tree root zones -those areas beneath the canopy of a tree consisting of the mass of roots growing from the trunk of a tree along with the surrounding soil extending to and including the drip line of the tree. Undesirable tree -a tree that is not defined as significant and which has unsuitable characteristics. Sec. 62-193. Scope of Requirements A. Application of Ordinance. The provisions of this ordinance shall apply to all public property and new developments within the City of Azusa. B. Subdivision Grading Requirements. This ordinance shall apply to private property only as to new development, redevelopment, or subdivision. C. Exceptions. The provisions of this ordinance do not apply to the following: M 0 0 1. The removal or pruning of any tree which poses an imminent threat to public property or welfare, as determined by any member of a law enforcement agency, the Los Angeles County Fire Department, or the Azusa Director of Public Works. 2. The removal of any tree on public property as directed by any county, state, or federal agency or insurance provider. 3. The removal of a diseased or dead tree on public property as determined by the City Director of Public Works. 4. Utility tree pruning needed to provide clearance from existing overhead electric lines as mandated by Public Utilities Commission of the State of California under General Order 95. Sec. 62-194. Administration A. Administrative Responsibilities: Director of Public Works. 1. Office Created. The office of Director of Public Works is hereby created. 2. Duties. a) To make or cause to be made inspections of all trees and shrubs growing in parkways and walkways of the City and to report violations to be abated. b) Regulate all tree planting in City parkways; C) Oversee the planting, the removal, and the replacement of City parkway trees. d) To make or cause to be made a complete inventory of public trees. Such inventory shall be updated a minimum of every five (5) years. R 0 0 e) Establish a policy for the treatment of City trees that present or are causing health and safety concerns; f) The trimming of trees shall be done by the City or a City contractor under the direction of the Director. g) Follow procedures and policies for administering public notices and hearings regarding public trees as outlined in subsequent sections. h) Oversee tree preservation requirements for new subdivisions . B. City Management Practices 1. City staff in Public Works and Planning shall carefully coordinate their work practices so that projects will not damage existing trees unless deemed by the Director of Public Works that such damage is unavoidable. 2. During sidewalk, curb, and gutter repair operations undertaken or contracted by the Public Works Department, all tree roots of City trees will first be exposed in place under the supervision of the Director of Public Works or his designated staff. Such roots will then be inspected by the Director of Public Works or his designee before any root pruning is performed. Whenever required by the Director of Public Works, tree roots shall be shaved ("ground down") according to the specifications of the Director of Public Works. 3. No more than one-third (1/3) of a root's diameter shall be shaved off. Shaving cuts shall be made clean and smooth with no crushing or tearing of the remaining root. Soil shall be backfilled immediately following pruning or shaving activity to minimize drying of roots. All root -pruning activities shall be recorded by the Public Works Department in the City's Tree inventory. 11 0 0 4. During sidewalk construction and/or replacement, a minimum of a 12 inch layer of course gravel base shall be installed beneath the new pavement wherever roots of public trees damage the pavement. The Director of Public Works or his designee prior to the installation of the base material shall first inspect any roots of City trees in the vicinity of the excavated soil for the base. Sec. 62-195. Tree Care A. Harming Public Trees. It shall be unlawful for any person or entity to destroy, deface or injure any public tree through willful intent or negligence. 1. Physical Damage. No person shall: a) Cause physical damage by authorizing, placing, or maintaining any stone, cement or other substance or impermeable material so that it impedes the free access of water or air to the root zone of any public tree. b) Construct or place any type of wall, border or raised planter, or other hardscape feature which encroaches or causes physical damage to or on the root zone of a public tree. C) Place or attach any sign, rope, wire or device of any kind or nature in such a way as to be injurious to the tree. d) Use line trimmers and/or lawnmowers which cause damage to the cambium layer and/or root_crown of any public tree. 2. Weakening. Activities such as excessive watering, fertilizing or other types of poor maintenance harming public trees are prohibited. Tree trunks and branches must be kept free from climbing vines. 7 0 0 3. Defacing. Activities such as applying or attaching signs, cutting away the bark, graffiti writing, puncturing the bark with nails, staples or other sharp objects, and any other activities which the Director of Public Works may deem damaging, are prohibited. 4. Tree Protection. Public trees shall be sufficiently shielded to prevent injury during any repair, alteration or removal of a house or structure. Protectors shall include but not be limited to chain-link fencing, staking, etc. 5. Root Protection When Trenching. In construction cases where trenching around trees is necessary, the pathway of the trench shall be dug making every reasonable effort to avoid the tree's drip line. In those cases were an alternative trenching route is not possible, tunneling under woody roots rather than cutting such roots shall be required to preserve roots two inches or greater in diameter. When roots must be cut, sharp saws shall be used to make clean, non -frayed cuts, under the supervision of the Director of Public Works. C. Pruning and Maintenance. The pruning of all trees covered in this sub -section shall conform to the current industry standards, such as the ANSI A300_pruning standards. 1. Topping prohibited. Topping is prohibited, except in the following circumstances: a) Trees that have been previously topped that require continued topping as deemed necessary by the Director of Public Works. b) Trees that have suffered severe damage due to storms or other acts of God, as deemed necessary by the Director of Public Works. c) Any other public tree as deemed necessary by the Director of Public Works. t:7 E 0 2. Clearance requirement of trees. All trees in parkways of the City shall be kept trimmed, to a minimum vertical clearance of fourteen (14) feet over the street. Branches that may interfere with solar panels or satellite dishes will be brought to the City' attention. 3. Trees on private property. The property owner on whose property trees are standing shall keep such trees trimmed so that they vertically clear the sidewalk by not less than nine (9) feet and so that they vertically clear the street by not less than fourteen (14) feet. 4. Trimming by contiguous property owner. A property owner who wishes to trim public trees in the parkway abutting his property must place a request with the City. Property -owners shall not trim trees within the public right of way. 5. Plants in parkway. The property owner whose property abuts the sidewalk or parkway in which plants or shrubs are growing shall keep such plants or shrubs trimmed three inches back of the curb or sidewalk line, and to a height of not to exceed thirty-six (36) inches. 6. Plants along property line. The property owner on whose property hedges or shrubs are growing shall keep such hedges or shrubs trimmed so that no part will project over the sidewalk. 7. The City will not trim trees that overhang from one private property to another. All tree -care companies contracted by the City of Azusa shall employ at least one ISA (International Society of Arboriculture) Certified -Arborist to supervise all work performed on behalf of the City. 9. All tree care companies contracted by the City shall employ ISA Certified Tree Workers. 9 0 0 10. ANSI A300-1995 Standards or equivalent standards designated by the Director of Public Works shall be followed as the standard for utility vegetation management. C. Planting and Selection 1. The City may replace at no cost to the property owner those street trees which necessitate removal and replacement. This may occur only in cases where the property owner was not responsible for the conditions and events necessitating replacement. 2. In cases where tree removal and replacement was necessary because of conditions and events caused by the property owner, the property owner shall be charged for replacement. 3. All street tree plantings must be first approved by the Director of Public Works as to species, location and method of planting. The tree must be inspected by the Director of Public Works or his or her designee prior to planting. A list of approved street trees is available from the City s Parks Division. New trees in commercial and industrial sections of the City will be planted with root barriers. 4. Proximity to intersections. At street intersections, no person shall plant any tree or shrub closer than twenty-five (25) feet to the prolongation of the property line crossing such parkway nearest to the point of planting. 5. Thorn bearing Plants in parkways. No person shall plant in any parkway, ivy, or any shrub or plant upon which grow thorns or spiny extensions. 6. Only the City of Azusa personnel or contractor shall plant trees in parkways. 10 0 0 Sec. 62-196. Tree Removal A. Removal of City Parkway Trees. 1. The Director of Public Works or his designee shall supervise the removal of all parkway trees as well as those trees on public property. If damage to private property is caused by a parkway tree, the property owner may file a claim (on a form prescribed by the City) with the City Clerk's office for the possible recovery of damages. 2 No live tree shall be killed, cut down, or removed from the parkways of the City solely because it conflicts with the predominant planting scheme of any given street, thoroughfare, or neighborhood, or unless it be so requested by the property owner whose property abuts the parkway in which the tree stands, and is approved for removal by the Director of Public Works. 3 The Director of Public Works shall review all applications for parkway tree removal and determine whether the tree in question presents a clear safety hazard or has been identified as an undesirable tree. Based on the Director of Public Works's evaluation, the tree may be approved for removal or the tree may be retained. 4 Tree Roots in Sewer Laterals a) Parkway trees with roots invading private sewer laterals may be removed upon receipt of three plumbing bills in a twelve (12) month period. Prior to removal, all other options will be explored to potentially save the tree. b) Coast Live Oaks and other designated trees will be presented for Council recommendation upon receipt of three plumbing bills in a twelve (12) month period. 11 0 0 5. If an unsafe or undesirable tree is to be removed, the planting of a new tree from the approved list of City trees may be required. 6. Any oak tree removed from public property under this provision shall be replaced with an oak or other tree as deemed appropriate by the Director of Public Works, at a location within the City of Azusa. 7. Removal from sidewalk area by property owner. All trees growing in that portion of highway set apart for sidewalk use by the ordinances of the city shall be removed by the property owner upon the order of the Director of Public Works. 8. Any property owner, upon securing permission of the Director of Public Works, may remove any tree in the parkway upon or abutting upon the property of such owner. The City, at its discretion, may plant another tree selected by the Director of Public Works. 9. Objections -Notice -Hearing. a) If the Director of Public Works receives objections to the removal of a tree such objections shall be delivered to the Parks and Recreation Commission. The Commission decision may be appealed to the City Council for final arbitration. b) If so desired, the Council shall consider the same at a regular meeting and the City Clerk shall notify the petitioner and the objector in writing of the time and place of the meeting of the Council at which such matter will be considered. Such notice shall be mailed at least five (5) business days before the convening of this meeting 12 i B. Violations. • 1. It is unlawful for any person to cause or permit any tree or shrub to be planted, maintained or removed in violation of the provisions of this chapter. 2. Every person who violates any section of this chapter is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to applicable Azusa Municipal Code sections. 3. Any person or entity responsible for harming a public tree may be fined according to the established value of the tree upon the recommendation of the Director of Public Works and with final approval by the City Council. The Director of Public Works or his designee shall establish the value for any public tree based upon current industry methods. The fine shall be levied based upon the severity of the damage to the tree. If the tree is deemed a total loss, then the fine shall be 100% of the valuation of the tree. 4. Any person or entity responsible for harming a public tree and fined accordingly, shall pay the City any fines levied, as confirmed by the City Council. Such fines shall constitute a special assessment and shall be collected through liens placed against the respective underlying fee lot or parcel of land upon which the public tree was harmed, as outlined in the Azusa Municipal Code. Sec. 62-197. General Requirements for New Subdivisions A. References to DBH. References to "DBH" (diameter at breast height) shall include, by inference, the phrase "at 4-112 feet above natural grade" B. Preservation of Existing Trees. All existing living trees having a DBH of six inches or more shall be preserved when so directed by Director of Public Works, and no grading shall be done to endanger them. iR3 1 . E 0 C. Destruction of Trees. If said trees are destroyed, applicant shall replace them with trees whose size, number, and planting location shall be determined by the Director of Public Works before final occupancy is granted to any new residents. The size and age of the tre will determine how many new trees may be substituted for the destroyed tree, but as a minimum three new trees will replace one tree removed. The ratio may be increased at the discretion of the Director. D. Tree Well Details and Plans. Tree well details and plans may be submitted at the direction of the Director of Public Works for locations where cuts or fills adjacent to trees exceed on foot in height. E. Tree Preservation During Construction. 1. Trees that have a six-inch or greater diameter at breast height (DBH) shall not be removed or relocated unless authorized by the Director of Public Works and replaced as determined by the Director of Public Works. Trees situated on public as well as private property shall be maintained to the satisfaction of the City. Trees that have a six-inch or greater dbh shall be shown on the development plan prepared by a Certified Arborist and shall include the following: a) Identification of species, diameter at breast height (DSH), and the condition of each tree; b) Methods of tree preservation as outlined in paragraphs 2, 3, 4 and 5 of this section; c) Proposed landscaping within drip lines; d) Tree replacement recommendations. E 2. Trees to be retained on site shall be encircled by a protective fence. In all cases, fencing shall be installed prior to commencement of any grading and/or construction activity, and shall remain in place throughout all phases of development. Fences may not be removed without first obtaining written authorization from the Director of Public Works. The fence shall be placed outside of the tree root zones. General root zone estimates may be determined by one foot of radius per inch of trunk diameter at breast height (DBH). 3. To protect roots of nearby trees, all trees to be removed at the site shall be cut, rather than bulldozed, unless approved by the Director of Public Works. If root loss is expected to occur, any root pruning is to be supervised by a certified arborist. If some root removal is necessary, the tree crown should be thinned. Thinning shall be supervised by the Director of Public Works. Any vegetation to be removed adjacent to retained trees shall be cut at ground level by hand to prevent root injury to remaining trees. Any excavation near major roots shall be performed only by hand. 4. No structure or impervious paving should be located within the drip line or within a six-foot radius of the trunk perimeter, whichever is greater. A tree with a dbh of thirty inches or more shall require additional space as determined by the Director of Public Works. Decks located above the root zones of retained trees shall be of post and beam construction to reduce the need for root pruning or removal. 5. All areas within the tree protection zones shall remain in natural states and grades. The following activities shall be prohibited within tree protection zones; construction, stockpiling of materials, parking, soil compaction or other such detrimental activities. 15 0 0 0 Sec. 62-198. Public Nuisance Public Nuisance Defined. Any tree, shrub, or ground cover that significantly interferes with any public street, sidewalk, alley, or in any manner, restricts the flow of traffic or visibility of I any person or persons lawfully using such streets, sidewalks, alleys or intersections shall constitute a public nuisance. B. I n spections-Violations. It shall be the duty of the Director of Public Works to make or cause to be made inspections of all trees and shrubs growing in the parkways or walkways of the city, or growing over or adjacent to the walkways or parkways of the city, to determine whether or not any section of this title has been, or is being violated. 2. If the Director of Public Works finds any violation of any section of this title, he/she shall, in writing, notify the violator of the existing condition and the violation and direct the violator as to the manner in which the violation is to be corrected. If, after fifteen business days, the cause for the violation has not been corrected as directed, the Director of Public Works may cause the violation to be abated in accordance with the provisions of the Azusa Municipal Code. Sec. 62-199. Appeals A. Final Disposition. Any property owner may appeal a decision of the Director of Public Works to the Parks and Recreation Commission. The Commission determination may be appealed to the City Council for final disposition. B. Intention to Kill. Cut Down and/or Remove City Trees. Should a decision rendered by the Commission be appealed, the applicant shall deposit, with the application, a sum of money sufficient to cover the cost of the City f[y • Clerk's having published twice in the local newspaper a notice of the intention to "kill, cut down or remove" the city tree. 2. Notice shall state the name of the applicant, the location of the tree and a statement to the effect that any person objecting to such removal must, in writing, notify the Director of Public Works of their objection and the reasons therefore. A. Abating a Nuisance. To abate a nuisance: 1. The appeal shall be made in writing and filed with the City Clerk within five working days following notice of the Director of Public Works. 2. Such appeal shall state the grounds for the appeal. 3. The City Clerk shall, upon receipt of such appeal, set the matter for hearing before the City Council not less than ten (10) nor more than thirty (30) days following the filing of the appeal. 4. Notice of hearing shall be given in the manner provided for in Azusa Municipal Code. Sec. 62-200. Undesirable Trees For Use in Public Parkways or Public Property BOXELDER (Acernegundo) BRAZILIAN PEPPER (Schinus terebinthefolius) CHINESE ELM (Ulmus parvifolia) COW ITCH (Lagunaria patersonii) FRUIT TREES (except ornamental varieties) MODESTO ASH (Fraxinus veluntina 'Modesto') OLIVE (Olea europa) POPULUS SPP. 17 0 • SHAMAL ASH (Fraxinus udeii) SILK OAK (Grevillea robusta) SWEETGUM (Liquidambarstyraciflua) TREE OF HEAVEN (Ailantus altissima) WEEPING WILLOW (Salixbabilonica) A. Approved Trees For Use in Public Parkway or On Public Property City of Azusa Tree Pallette. Sec. 62-201. Severability If anyword, phrase, clause, sentence, orsection herein is forany reason held to be invalid, such invalidityshall not impairthe validity of anyother part herein, and the CilyCouncil ofthe City of Azusa hereby declares that it would have enacted everything herein without any such invalid part thereof. SECTION 2. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in the San Gabriel Valley Tribune or Azusa Herald, a newspaper of general circulation, printed, published, and circulated in the City of Azusa and thirty (30) days thereafter it shall take effect and be in force. PASSED, APPROVED, AND ADOPTED this 19th day of February 2002. Mayor Pro -Tem, Cycof Azusa 18 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF AZUSA ) 1, VERA MENDOZA, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance No. 02-03, was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the Xh day of February, 2002. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19`h day of February, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MADRID City Clerk, City of Azusa APPROVED AS TO FORM: City Attorney, City of Azusa 19