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HomeMy WebLinkAboutCC Ord 1375 Not Adopted I I I i I ORDINANCE NO,./# 1"'- AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER 7E, PUBLIC TREES, REGARDING THE PLANTING, MAINTENANCE AND REMOVAL OF PUBLIC TREES, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH THE CITY COUNCn. OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. . Sections: Section 7E-l Section 7E-2 Section 7E-3 Section 7E-4 The Code of the City ofSea1 Beach is hereby amended by adding Chapter 7E to read as follows: "CHAPTER 7E PUBLIC TREES fi 7E-l fi 7E-2 fi 7E-3 fi 7E-4 fi 7E-S fi7E-6 fi 7E-7 fi 7E-8 fi7E-9 fi 7E-IO pE-ll fi 7E-12 fi 7&13 fi 7E-14 fi 7E-IS fi 7E-16 Preamble. Short Title, General Application. Definitions. Landscape Supervisor -Responsibilities, Master Public Tree Plan. Planting. Maintenance. Removal. Protection, Permits. Interference. Appeal. Liability. Fines and Penalties. Remedies Cumulative. Preamble, It is in the City's best interest that a comprehensive plan be developed and established for the planting and maintenance of trees along its streets and within its public areas. This chapter is adopted to establish regulations neceSSlll}' to carry out such a plan. Short Title. This chapter shall be known as the "Public Tree Ordinance. " General Ap,plication, The provisions of this chapter are intended to apply to trees on public propeny, including eucalyptus trees and groves, as those terms are defined in Section 70-3 of this Code, Eucalyptus trees and groves located wholly on private property shall be governed by the provisions of Chapter 70 of this Code. Definitions. 'For the purposes of this chapter, the following terms are defined as follows: A. "Director of Development Services" or "Director" means the Director of the Development Services Department of the City of Seal Beach or his or her authorized representative. Ordinance Number ;I~j1~ , Section 7E-S B, "Environmental Quality Control Board" or "EQCB" means the Environmental Quality Control Board of the City of Seal Beach. C. "Historic tree" means a tree planted or existing on public property which has been found by the Environmental Quality Control Board to be a tree of notable historic interest because of its age or historic associations, and which has been designated by resolution of the EQCB as a historic tree. I D. "Landscape Supervisor" or "Supervisor" means the Supervisor of Parks in the Public Works Department of the City of Seal Beach or his or her authorized representative, E. "Maintain" or "maintenance" refer to pruning, trimming, spraying, fertilizing, irrigating, watering, treating for disease or injury or any other similar act which promotes growth, health, beauty and life of trees. F. "Master Public Tree Plan" means a comprehensive public tree plan, recommended by the Environmental Quality Control Board and approved by the City Council. G. "Memorial tree" means a tree procured, planted in an approved location, and deeded to the City by a private person, group or organization in memorial to a deceased person or noteworthy event, which has been accepted by the City and so designated by resolution of the City Council. H, "Public property" means land owned, leased or otherwise under the control of the City of Seal Beach, including public right-of-ways. I I. "Public tree" means any tree planted or existing on any public property. J. "Specimen tree" means a tree existing on public property which has b~ found by the Environmental Quality Control Board to be particularly valuable because of its type or condition, and which has been designated by resolution of the EQCB as a specimen tree. K. "Street" means any public way regardless of whether it is described as a street, avenue, road, boulevard, drive, lane, court, place, alley, or by any other such designation. L. "Tree" means a woody perennial plant with one main stem or trunk. For the purpose of this section a bush or shrub which displays similar attributes to a tree shall be considered a tree. LandscaDe SUDervisor - Responsibilities. Under the supervision of the Director of Development Services, the Landscape SUJ:!ervisor shall do all of the following: I A. Direct, regulate, and control the planting, maintenance and removal of all public trees and otherwise carry out the purposes of this chapter. B. Oversee the issuance of all permits required by this chapter, Said permits shall include: 1. Public Tree Planting Permits; I I Section 7E-6 I Ordinance Number ~~~~ , 2. Public Tree Maintenance Permits; and 3. Public Tree Removal Permits. C. Review and comment upon applications for the foJlowing permits: D, E. F. G. A. B, 1. Excavation permits for the digging of any ditches, tunnels or trenches or the laying of any drive or accessway, permanent or temporary, within a ten foot radius of any public tree (pursuant to Section 20-3 of this Code); 2. Transportation permits for the moving of any house or other large load or object along any street or across any public property which may endanger any public tree (pursuant to Section 5-12 of this Code); 3. Public utility permits for the installation of public utilities that may endanger any public tree (pursuant to Section 2(}..J ofthis Code). When a permit is issued to a public utility to trim any public tree, or to do other operations affecting any public tree, the work shall be done in a manner specified by the Supervisor. The Supervisor may assign an inspector to supervise adherence to the provisions of the permit. Expenses incurred by the City in providing such a service, including general overhead costs, shall be charged to the public utility at cost. Prepare an annual program for public tree planting, maintenance and removal. Develop maintenance standards for public trees. Inspect the planting, maintenance and removal of public trees, Review all landscaping plans as they affect public trees, Master Public Tree Plan, It is in the City's best interest that a comprehensive Master Public Tree Plan be developed and established for the planting, maintenance and removal of trees on its public property. Under direction of the EQCB, the Director of Development Services, in conjunction with the Landscape Supervisor, shall prepare the Master Public Tree Plan and any changes or additions to such plan. C. The EQCB shall recommend to the City Council the Master Public Tree Plan and any changes or additions to such Plan. The'City Council may adopt the Plan, with any amendments, by resolution and may periodicaJly adopt amendments to the Plan as circumstances warrant. D. The Plan shall include, but not be limited to, planting specifications and one or more maps of City streets and other public property which designate a scheme for the uniform planting of trees and the identification of species or mixed patterns of trees for streets and public property. . " Ordinance Number ~;1~ . E. The Plan shall show the location and species of all existing trees on public property within the City and the planned location and species of approved trees to be planted on such public property. F. The Plan shall indicate all trees planted on public property within the City which have been designated as specimen, historic or memorial trees. All persons owning property adjoining public I property on which specimen, historic or memorial trees have been pl~ted shall be informed as to the status of such trees. G, A copy of the Plan shall be maintained in the office of the Supervisor. and shall be available for public inspection. Section 7E-7 Planting, A. All new and replacement planting shall be confined to trees listed in the current Master Public Tree Plan; provided, however, that owners or developers of property adjoining any public property may petition the Environmental Quality Control Board to authorize a deviation from the Master Public Tree Plan. B. Any proposed change in a street right-of-way, direction, width or configuration, or any proposed street improvement shall, where judged feasible by the Landscape Supervisor, include allowances for planting strips. It shall be the duty of the Supervisor to coordinate the design of such changes or improvements with the planning department prior to completion offinal overall plans. C. No tree shall be planted closer than twenty (20) feet from another I tree, utility pole, or light standard, or from the beginning of a curb return, unless approved by the Landscape Supervisor. In addition, no tree shall be planted closer than ten (10) feet from a sewer lateral, driveway, fire hydrant, water meter or gas meter, except upon approval from the Supervisor. Section 7E-8 Maintenance. The Landscape Supervisor may cause the roots of trees to be cut to prevent sidewalk, curb, street or utilities damage, and may cause overhead limbs to be pruned or cut back to compensate for loss of root area, Section 7E.9 Removal. A. Preservation Policv. It shall be the policy of the City to preserve mature and healthy trees whenever feasible. No permit shall be issued for the removal of a tree determined by the Environmental Quality Control Board to be a historic or specimen tree, absent authorization by the EQCB. The EQCB may authorize a historic or specimen tree to be removed when the need for its removal outweighs the interest in its preservation. I B. Consultation. All departments, agencies and personnel of the City shall consult with the Landscape Supervisor prior to engaging in any action which would require the removal of any public tree. C. Notice. The Landscape Supervisor shall give written notice to adjoining property owners at least 10 days prior to the removal of any public tree by the City. No notice shall be required, however, if the public tree constitutes a hazard to life or propertY. " Section 7E-IO I I I Section 7E-ll A. Ordinance Number J~7..r . Protection. A. General: It is unlawful for any person, other than an employee of the City of Seal Beach while carrying out his assigned duties, to injure or destroy any public tree by any means, including, but not limited to the following: 1. Causing or permitting concrete, asphalt, brick or gravel sidewalk or other impervious materials to be placed around the base of any tree so as to restrict the access of air, light or water to its roots; 2. Causing or permitting building equipment, building materials or other substances to be placed or stored around any tree so as to cause injury to it; 3. Causing or permitting any deleterious matter to be deposited on or around any tree or on the adjacent ground, lawn or ground cover; 4, Causing or permitting any sign, poster, or notice to be posted, or any guy wire, cable, rope, nails, screws or other device to be fastened to any tree, tree stake or guard; S. Causing or permitting any wire charged with electricity to come in contact with any tree without having first obtained a written permit from the Director of Development Services; 6. Causing or permitting any fire or burning near or around any tree; or 7. Causing or permitting any poison or other substance harmful to a tree to lie, leak, pour, flow or drip upon or into the soil about the base of any tree. B. Durinl!: Improvements. During the construction, repair, alteration, moving or removal ofany building or structure in the City, no person in control of such work shall leave any public tree in the vicinity of such activity without sufficient guards or protectors to prevent injury to said tree in coMection with such construction, repair, alteration, moving or removal. The costs of any such protection shall be borne by the person responsible for the improvements. C. Consultation. All departments, agencies and personnel of the City shaD consult with the Landscape Supervisor prior to engaging in any action which would substantially affect or seriously jeopardize the health of any public tree. Permits. Permit Reauired. No person shall plant, maintain or remove any public tree without first obtaining a permit issued by the Landscape Supervisor. Permits will be issued only to a certified arborist or landscape contractor with an active Seal Beach business license. The application for such a permit shall be on a form approved by the Environmental Quality Control Board and submitted to the Supervisor, accompanied by the required fee as detemuned by resolution of the City Council. Such permit application shall be made at least seven (7) days before the commencement of the intended activity. Ordinance Number ~;1~ Section 7E-12 Section 7E-lJ Section 7E-14 Section ?B-1 5 Section 7E-16 B. Review. After review ofan application for a permit, the Landscape Supervisor may grant, conditionally grant or deny a permit. In granting a permit, the Supervisor may impose any reasonable conditions which he or she deems necessary or appropriate to ensure that the planting, maintenance or removal is consistent with the provisions of this chapter, the Master Public Tree Plan, and other applicable laws and public policy. Such conditions shall, where necessary and appropriate, include requirements that the applicant indemnifY, insure, or both indemnifY and insure the City, its officers, agents and employees against any liability or expense which may result from the exercise of rights under the permit. I C. Duration of Permit. A permit to plant or remove any public tree shall be valid for 30 days after the date ofits issuance. Interference, No person shall interfere with the Director of Development Services, the Landscape Supervisor or their designees acting hereunder. Aooeal. An appeal to the Director of Development Services from any proposed action of the Landscape Supervisor may be made by filing a written notice of appeal with the City Clerk within ten days after the notice of such action is given. Said appeal shall be accompanied by the required fee as determined by resolution of the City Council. The notice ofappeaJ shall clearly specifY the f".&Sons for which a hearing is requested. A hearing shall be held within 1 0 days of filing of an appeal and prior to action on the matter subject to appeal. At the hearing before the Director the appellant and the Landscape Supervisor may present evidence. I Any decision of the Director or the EQCB may be appealed to the City Council by filing a written notice thereof with the City Clerk within ten days after the Director's or EQCB's decision, accompanied by the required fee as determined by resolution of the City Council. The decision of the Supervisor, the Director or the EQCB shall be final unless an appeal is filed as set forth herein. All decisions of the City Council shall be final. Liabilitv, Nothing in this chapter is intended to impose any liability upon the City or any of its officers, agents or employees, nor does it relieve the owner or occupant of any private property from the duty to keep his or her private property and sidewalks, planting strips and easements in front of or through such private property, in such a condition as not to be hazardous to public travel and safety. Fines and Penalties. Any person who violates any of the provisions of this chapter is guilty ofa misdemeanor and upon conviction thereof shall be punished as set out in Section 1-8 of this Code. Remedies Cumulative. All remedies prescribed by this chapter shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter or remedying any condition of property, public or private.. I I I I SECTION 2. "Section 13-61 SECTION 3. Ordinance Number .B7.s- Chapter 13 (Motor Vehicles and Traffic) of the Code of the City of Seal Beach is hereby amended by amending Section 13-61 to read as follows: Shrubberv obstructinl! visibilitv of intersections. Notwithstanding the provisions of Chapter 7E of this Code, whenever the traffic engineer finds that any hedge, shrubbery or tree obstructs the view of any intersection, or any traffic upon the streets approaching such intersection, or any official sign, he shall, if and as necessary, cause the hedge, shrubbery or tree to be pruned, trimmed or removed." Chapter 70 (Eucalyptus Grove Preservation) of the Code of the City of Seal Beach is hereby amended by amending Sections 7D-2, 70-3 and 70-4 as follows: a. Section 70-2 is amended to read as follows: "Section 70-2 "(a) "(b) \SECTION 4. ~. The provisions of this Chapter shall apply to eucalyptus groves on all private property which is vacant, undeveloped, or which is the subject of a change or expansion in land use, exclusive of private communities with a separate governing board existing on the effective date of Ordinance No. 1271. Eucalyptus trees and groves located wholly, or in part, on public property or in a public right-of-way shall be governed by the provisions of Chapter 7E of this Code. " b. Section 70-3 (Definitions) is amended by amending paragraph (a) to read as follows: "Director" shall mean the Director of Development Services." c. Section 70-4 (Tree Permit Requirements and Procedures) is amended by amending paragraph (b) to read as follows: IssuinIJ Authority. (1) Planninl! Commission ApDroval. Planning Commission approval is required for issuance of a tree permit. (2) Director Apl'roval. The Director may issue a tree permit in the event that the proposed activities are not undertaken in connection with the development of property and where the removal or modification of a eucalyptus tree is necessary for the preservation ofa grove or tree or for the protection of the public health, safety, and welfare," If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereQf. The City Council of the City of Seal Beach hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION S. This ordinance shall take effect upon the expiration ofJO days from its publication. PASSED, APPROVED AND ADOPTED this _ day of .1993. A~r !;O;P/EO 1'-/~ - 93 Gwen Forsythe, Mayor Ordinance Number ~i'~ ATTEST: Joanne M. Yeo, City Clerk I I I