HomeMy WebLinkAboutCC Ord 1465 2000-07-24
ORDINANCE NUMBER /~~
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
A NEW CHAPTER 20A TO THE CODE OF THE CITY OF
SEAL BEACH RELATING TO TREE PRESERVATION
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
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Section 1. The Code of the City of Seal Beach is
hereby amended by adding a new Chapter 20A to read as follows:
"CHAPTER 20A
TREE PRESERVATION
Section 20A-1. Value and Purpose - Trees
This Chapter- establishes policies, regulations, and standards
necessary to ensure that the city will continue to realize the
benefits provided by its urban forest. The provisions of this
Chapter are enacted to:
A. Establish and maintain an acceptable amount of tree cover
on public lands in the city;
B. Maintain trees in a healthy and non-hazardous condition
through good arboricultural practices; and
C. Establish and maintain appropriate
species and age classes to provide
sustainable urban forest.
diversity in tree
a stable and
Section 20A-2.
Definitions
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For the purposes of this Chapter, the following definitions shall
apply unless the context clearly requires otherwise:
A. "Caliper" means the maximum cross sectional width of the
trunk of a tree measured at four feet above the natural
grade. In the case of multitrunked trees, "caliper"
means the sum of the calipers of each individual trunk
measured at four feet above grade; provided, however,
that if the caliper of at least one trunk of the
multi trunk tree is not at least four inches, the tree
shall be regarded as having no caliper for the purpose
of this chapter.
B. "Protection" means the safeguarding of trees through
proper maintenance, pruning, treatment, fertilizing,
feeding and any other necessary means.
C. "Removal" means the uprooting, cutting, relocating 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 or to be seriously damaged. "Removal," includes
damaging the root system by machinery, sto,rage of
materials, or soil compaction, substantially changing the
grade above the root system or trunk, excessive pruning,
paving with concrete, asphalt, or other impervious
material in the vicinity of the tree, or in a manner
which may reasonably be expected to kill a tree, or
excessive or inadequate irrigation.
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D. "Topping" means the severe cutting back of limbs to stubs
larger than three inches in diameter within the tree's
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Ordinance Number J't,/~~
crown to such a degree 50 as to remove the normal canopy
and disfigure the tree.
Section 20A-3. Prohibited Conduct.
A.
Except as provided in Subsection B, it shall be
unlawful for any person, firm or corporation to do any
of the following:
1. Remove, cut, destroy, relocate, trim, prune,
deface, burn, cut or otherwise injure any
tree, hedge, plant, shrub or flower growing
upon public property.
2. Hitch an animal to, attach a sign upon,
deface, burn, cut, or otherwise injure any
frame, post, trellis or other structure
used to protect or support any tree, hedge,
plant, shrub or flower growing upon public
property.
B. It is not unlawful to:
1. Perform emergency or routine trimming or
pruning to protect or maintain overhead
public utility lines, existing subsurface
water, sewer or utility lines, and clearance
from traffic control devices ,as directed by
the City Manager;
2 .
Remove damaged parts of a tree, which has
sustained an injured trunk, broken limb, or
uprooting as a result of storm damage or
other acts of God, which create a hazard to
life or property;
3. Remove pursuant to a written determination by
the City Manager after visual inspection and
evaluation that the tree is 50 diseased or
damaged that it is no longer viable.
The City Manager shall have the authority to affirm the
guidelines, rules and regulations of the International Society of
Arboriculture governing the planting, maintenance, removal,
fertilization, pruning, branching, and spraying of trees in the
streets, parks and other public places.
Section 20A-4. Tree Topping
A. It shall be unlawful for any person, firm, or city
department to top any tree on public property.
B.
Trees severely damaged by storms or other causes, or ~~.
certain trees under utility wires or other obstructions
where other pruning practices are impractical may be
exempted from this section at the determination of the
city manager or his designee.
Section 20A-5.
Obstructions, &
of Ways
Pruning, Vertical Clearance,
Horizontal Clearances for Public Right
The owner of property abutting any parkway, street, sidewalk or
right-of-way shall prune the branches of any tree overhanging
such adjacent parkway, street, sidewalk or right-of-way 50 that
branches shall not obstruct the light from any street lamp and 50
Ordinance Number IUI:"
,
that there shall be a clear space of at least 8 feet above the
surface of the street or sidewalk.
In addition, such owners shall remove all dead, diseased, or
dangerous trees, or broken or decayed limbs that constitute a
menace to the safety of the public.
The owner of property abutting any parkway, street, sidewalk or I
right-of-way shall prune or remove any tree, hedge, or landscape
plant material which obstructs any traffic control device, or in
the opinion of the City Traffic Engineer, obstructs safe vehicle
and pedestrian sight distances at intersections. The City
Traffic Engineer is hereby authorized to prune or remove such
obstructions when he has determined that an immediate safety
problem exists. All other obstructions or nuisances, which have
not been deemed as an immediate safety problem by the City
Traffic Engineer, shall be abated by the property owner upon
written notification to perform such work. The Parks, Recreation
and Community Services Director is authorized to cause such work
to be performed upon failure of the property owner to perform the
work within the prescribed time limit. The City shall bill the
cost of such work to the property owner on a full cost recovery
basis.
Section 20A-6. Tree Service Providers
All persons providing tree service on public property within the
City of Seal Beach shall hold a City business license and be a
certified Arboris,t by the International Society of Arboriculture
("ISA") or hold a class C-27 contractor's license
Section 20A-7. Violations and Penalties
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In addition to any fine assessed for violation of this Chapter
pursuant to Section 1-8 of the City Code, the violating party
shall reimburse the City an amount equal to the cost of a
replacement tree, hedge, plant, shrub or flower. The Director of
the ~arks, Recreation and Community Services Department shall
determine such cost by considering the characteristics of the
damaged or removed tree, including but not limited to its size,
age, condition, species and shade potential. Any debt incurring
as a result of this Chapter shall be enforceable in the same
manner as any civil debt. For purposes of this section, "cost"
shall include planting and labor costs, as well as the cost of
the replacement tree or trees, hedge, plant, shrub or flower,
inspection costs, including the cost of a City inspector to
supervise and inspect the work performed in connection with the
replacement, and enforcement costs, including attorney fees
incurred to enforce the terms of this Chapter.
Unless it is determined by the City Manager or his/her Designee
that replacement is inappropriate, trees removed shall be
replaced with a species and location designated by the Parks,
Recreation and Community Services Director according to the
following schedule:
Caliper Wl.dth of Replace With
the Tree Removed Number Removed Up To Size
10" and under 1 4 24" box
10-14" 1 4 36" box
15-29+" 1 4 48" box
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In addition to the foregoing, violation of this Chapter shall be
the basis of withholding a final inspection permit until such
violation is corrected to the satisfaction of the city manager or
designee."
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Ordinance Number 1465
PASSED,
2000.
APPROVED and ADOPTED this ~ day of 9r
ABSTAIN: COUNCILMEMBER
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
--fJ(};/JuiiA- d ~ ~
MAYOR PATRICI'1\ E./ PBE-,/f
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY QF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, certify that the 141~g~ ordinance is an original
copy of Ordinance Number ~ on file in the offi1i of
the C ty Clerk, introduced at a meeting held on the /tJ-
da 0
passed, approved and adopted by the
Seal Beach at a meeting held on the
ha t ordi~ance Number / ~ r
to the Seal Beach City C~arter.
Ordinance Number /41~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of .the printer
',>
of the SEAL BEACH SUN,.a\
newspaper of general circc[ation,
I I "f\.,"'~
printed and publis~~9,W~e~&,:in the
City of Seal Beach, Cq.l:Jr:!ty;er}
Orange and which newspaper has
t '!\~'b.1
been adj~dged~~ n.~~~~~r of .
general clrculatlon~by~tlfe Sup~nor
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
- ~CJ
all in the year 2000.
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Proof of Publication of
...............................................
...............................................
. SUMMARY ',l.
ORDINANCE NUMBER 1485 .
- TREE PRESERVA!ION, '
QrdIn8nC8 Number 1465 ai d,a CItv of
. Seal BeaCh acids Chapt8r 20A to \he
Code of the City of Seal Beach relabf!O
!.: to tree preSBNBllon, establlshmg poll!
", Cles, regulatlons and standards nec-
essary to ensure that the ~ will con-
I Itnue to realize nie benefits provided
bV lis urban forrest. more specllically
regulatIOns relating' to the e1anbng.
malntEmance, removal. fertilization,
I' pruning. branching and spraying of
trees In the streats, parks, and other
public ptaces Ordlnance Number 1465
-was Introduced al the regUlar CIty
: CounCIl meebng of July 1CXh. 2000 and
: first raBding as apprOved by the tal-
i lowing VO!e - ", ~.' .
. AYES Boyd, Campbell; Larsen,
. Yost ",
I : NOES'~Doane . Motion earned '
OndlMnce Number 1486 Will recelV8
. second reacllng and be conSIdered for
I adoption at the regular City CounCil -
, ineptlng of July 24th, 2000, Coplas of
I , On:llnance NulTlDer 1465 are avarlable
from the office oltha'Clty Clerk. City
. Hal, 211 - Bl;h Street, See( ee.ch. tale-
" phone (5621 431-2527, .
DATEDlhs"",,,,,,oIJuIy,2lIOll
JOanne M IYea, CIIy C1~. M- -. ,
',CrtyofSt?a1Beach ".._ . ' .
Published In the Seal Beach Sun
7/2D1OO "-'
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
'!
Dated at Seal Beac ,
thi~d day of , 2000.
/~~ ~~
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726
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Ordinance Number /~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
8/03
all in the year 2000.
Proof of Publication of
...............................................
...............................................
, ---
. ': , SUMMARV'~": ,"
. .. ,.
'OROINANCE NUMBER 1485
, -', TREE PRESERVATION:,. ,-
t:.., . . .
, .Ordlna~.Number1465. cit ihe'Cllj
: of Seal Beach adds Chapter 20A 10
.,!he Code,.of the City of Seal Beach' :
relating to'tree preserv!'ltlol). estab-.
'. bshlng pohClII!8. ~ul8bona. and stan-
o dah:ts necessary 10 ensure that the
~_ CIty WIn continue iO rea.lIze the bene- ~ .
',fits plOVIded by Its urtiitn forest. more (
... speCifically regulations relaftng to the -
. ~plB!1ting, mlllntenance~ removal. fer: ...
~' t1kzbon,-prunlng, branctllng. and spray- .'
~ {ng al,trees In Ihe.SI~, ~S, and _ '.
,-Other public places..lIlnd estabJIshes _
. penalbe8 for )'lOIabon of ChaPter 2OA. ;-
, Ordinance Nwnber 14851'8C81V8d see- . ~
and reading and waa adopted by the .'
.~ City Caunal at the regular meetlng.~.
'.7.ttleriof9l1~UI~24l!11.2D90byth. taI- .~.
I iowwIg,vo!B: ..'... ,j ';~, :1,
~ AYES Boyd, Campb~I, qaan.; . ::i<-":
.. _ . Yost. .,'-.. ."_ ....,j,_
__ NOES- LOrsO;i' ::, Mallon ~. _
I~ - ..' ,'-. .' ,. .
. CopI8a of Ordinance Number.14M .
. ,are avaIabI. from Iha office of Ihe GdY ':
,C1.rk, City Hall, 211";. 8th Slreel,'SeaI '
Beach,lel.phon. (582) 431-2527.. :
. .' " J '
. ,DATED_~dayolJu~;2000' '
~ 'J~ann. M. V.o,!QIy diwk ' ' . " ...:,
:,'~9ItYOfSe!ilB8ach ..- :'-.~~:: =.'~
, . ~ .. ,
~;PUbll~~ed .m'I~. ~.al t5.actl ~~n ~ .
I:~~"': '::, ::.._<~~::..:.,~..,..:: ,:
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beac~ ~
this - day of lr_ ' 2000.
Signatur
PUBLICATION PROCES ED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726