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Home My WebLink AboutCC Ord 1271 1988-04-18 ORDINANCE No. /.211 AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING TREE PERMIT REQUIREMENTS FOR EUCALYPTUS TREES AND AMENDING THE CODE OF THE'CITY OF SEAL BEACH. CA THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The Code of the City of Seal Beach, Cal ifornia is hereby amended by adding Chapter 7D to read: , CHAPTER 70 EUCALYPTUS GROVE PRESERVATION S 7D-1. S 70-2. S 70-3. S 70-4. S 7D-5. S 70-6. Purpose Scope Definitions Requirements and Procedures Standards for granting permits Expiration of permits Section 70-1. pursose. Eucalyptus groves are of great historical, aesthetic. an environmental value to the citizens of Seal Beach. The preservation of eucalyptus groves is necessary to promote the public health and welfare by enhancing the scenic beauty, preventing erosion of top soil, protecting again5t the risk of landslides, counteracting pollutants, and decreasing wind velocities. The purpose of this Chapter is to regulate the removal and destruction of eucalyptus groves to encourage the preservation of eucalyptus trees. Section 7D-2 . Scope. The provisions of this Chapter shall I apply to eucalyptus groves on all public property and on 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 this ordinance. Section 7D-3. Definitions. For the purposes of this Chapter, certaln words and phrases are defined as follows: (A) "Director" shall mean the Director of Development Services in a matter involving private property; and "Director" s hall mea nth e D ire c to r of Pub 1 i c Wo r k sin a matter in vol v in g public property or property to be dedicated for public use. ( B) " E u c a 1 yp t us t r e e ". s hall mea n any t r e e 0 f the eucalyptus species which measures more than 12 inches in diameter at a point 4.5 feet above the ground. (C) "Grove" shall mean a cl uster of not less than fifteen (15) trees. (0) "Preservation" shall mean the act of keeping or saving a tree from harm or de5truction by proper ma intenance, pruning treatment, and other means of safeguarding trees. (E) .Pruning and/or trimming" shal J mean the cutting of any limb or branch. Section 70-4. Tree Permit Requirements and Procedures. (A) Permit Required. No person may remove, cut, destroy, relocate, or undertake other activities which may damage a eucalyptus tree without first obtaining a tree permit from the City. The application for such tree permit shall be on the form approved by the Planning Commission and submitted to the Director, accompanied by the required fee as determined by the Planning Commission. I I I I Ordinance Number 102 7'J . (B) Issuing Authority. (1) City Council Approval. City Council approval is required for issuance of a tree permit if the property on which such tree is located is owned or controlled by the City. The City Council may direct the Planning Commission to make a recommendation on such permit to the Council. ( 2 ) P 1 ann i n Co mm i s s ion A P 1 ann in g Commission approval is requlre or lssuance 0 a ree permit if the proposed activities are undertaken in connection with the use or development of private property. (3) Director AProval. The Director may issue a tree permit in the event that he proposed activ ities 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 of a grove or tree, or for the protection of the public health, safety and welfare. (C) Review. Upon review of an application for a tree permit, the issulng authority may approve, approve with conditions, or deny such application subject to the standards set forth in this Chapter. In approving a tree permit, the .issuing authority may impose any reasonable conditions which it deems necessary and-appropriate to insure the preservation of eucalyptus trees as set forth in this Chapter. (0) Hearing. A public hearing shall be held as set forth in Section 28-2704 for all tree permit applications which are considered by the City Council or the Planning Commission. Notice shall be mailed to all property owners within 300 feet of the subject property, and published in a newspaper of general circulation not less than ten days before the hearing date. (E) Concurrent Review. A tree permit may be considered concurrently wlth, and as part of the required public hearing for related land use proposals. Notice as provided in this section shall be given in addition to any notice required for actions considered concurrently with the tree permit. (F) Appeal. Any decision of the Oirector approving or denying a tree permit may be appealed to the Planning Commission. Any decision of the Planning Commission approving or denying a tree permit may be appealed to the City Council. Any appeal must be filed in writing within ten days after the decision of the Director or the Planning Commission approving or denying a tree permit. The decision of the Director and of the Planning Commission shall be final unless an appeal is filed as set forth herein. All decisions of the City Council shall be final. Section 70-5. Standards followlng s an ar s s a e among an application for a tree permit: ermits. The ln reviewing (A) The condition of the respect to disease, danger of falling, or proposed structures; euca lyptus tree( s) with and proximity to existing (B) The determination of an existing or potential danger to life or property; (C) The number of trees which the affected property can adequately support under good forestry practices; (D) The interference of trees with existing utility services and/or streets and highways; Ordinance Number /;271 (E) The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters; (F) The effect of tree removal on neighboring properties; (G) The extent to which alternative development plans which do not endanger trees cannot achieve the same intensity of use as the proposed plans, and the extent to which the cost of alternative development plans is prohibitive. I S e c t ion 7 D - 6 . Ex P i rat ion 0 f per m it s . A nap pro v ed t r e e permit Wh1Ch 1S not used W1th1n the t1me specified in the permit or, if no time is specified, within one year after the issuance of such permit, shall become null and void. An application requesting an extension may be filed prior to such expiration date, and the Director may extend the life of the permit for a period not to exceed one year. City APPROVED AND ADOPTEO buy the City cO/~k of the each at a meeting thereof held on the - day of 1988. ~) f..~-/ ayor CERTIFICATI I STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF ORANGE ) . I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy or Ordinance Number G'7/ on file in th~~fice of the C' Cl~rk, introduced at a meet7trig held on the _'(' day of , 198 , and passed, approved and a opted by e 11: Counc1,/. ~~the tHy of ~ Beach at a meetirw thereof held ~n the ...Lr......!!:.. day of ".1/' , 19B1', by the follow1ng vote: Counc i lmembers AYES: NOES: ABSENT: Counc i lmembers Councilmembers and do hereby further certify that Ordinance Number /.27/ has I been published pursuant to the Seal Beach City C~ and Resolution Number 2836. I I I Ordi nance Number /.2 1/ - ~ PROOF OF PUBLICA nON (2015.5 C.C.P.) .. STATE OF CALIFORNIA, Coun tv of Oranll~ I am a citizen 01 the Unlled Slale. and a resident ollhe County alorlla;ald: I am over ,the age of eighteen years. and nol a parly to or Inlerested in the above.enlill.d /lIaller. I am the principal clerk 01 the prlntllr 01 Ih. SEAL BEACII JUUIINAL .................................................... .................................................... a newspaper ot general clrculalion, printed . WEEKL Y and published ...........................11..... in Ihe City 01 .....~.~~L.~E~.~~............ County 01 Orange. and which' news. paper has been adjudgl:d a newspaper 01 general circulation by Ihe Superior Court 01 the County 01 Orang.. Std'e 01 California. under thedaleol...~.7.~~ 19.;1.). Case Number . An2.5.8J....: that thenollce. 01 which the annexed 15 a prlnled copy (.., in Iype not 'smaller than nonpar.ll). has been publiShed In each regular and en lire issue olAiald new5paper and not In any sup ment Ihereol on Ihe lollowlng dal.s. :~.w : .. . ~la4..~....,... all in Ihe year 19.U I certily (or dl:clare) under ptnally 01 peri~ry thaI Ihe toregoing I. true and correcl. Dated at ......~.~~~.I.~~~.~!!,..I..I...:...I.'I <fi}lnrnia.,hld.(l....d~yOI../2:.. .. .U~l".Vs-h:~. '" ~. Slgnalur. Fri. 'Opl.. gt .ftll bl.nk 'orm ml, IN ..,.,tllI'nml CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Adverllslng Clearing House 120 WltSI Second SI~, Los Angeles. Calli. 90012 Telephone: 1213\ 625'21>41 . - _. -. .. - " -'- .. Thls-SPilce Is lor Ihe County Clerk'. Filing Stilmp ~ ~ - . NOTICE OF PUIILIC H_a NoTICE IS HEREBY GIVEN tIlo1 tile CIty Council aI tIli'CIly'" SIll S.och will hold I publIC hea~..... M...day. Janulry 4, 1988 017,00 p.m. in !he CIty Council Chambers. 211 Eitlhlh $_. SIll Buch, Colllam.. tD can. . sider the followina: item: ; IUCALYPTU8 ClIIOYE PRElER. \ VATION _NCI A Request: to c:onsider an nendrnent ..the Code 01 !he CIll' of SIll Seach . IIt.bllshlQl tree permit re. , qulrements far ..Cllypbls trees. I Envlronment.1 Riview: Neptive . Declaration 10-87 hIS bien prepared in I., of 11'I Emrlrormen- ,tal Impact Report. Applicant, City of Seal Beach At the Ibave time Ind plIce III In- _ persons may be heard if 10 desired. OATEO till. IBIh day 01 Ilocomber, 1987. . Edward M. Knitlhl 0111"'" of Oevelapmonl Services o-nber 24. 1987 Publlshod In Tho SeaIBeoch Jaumll . . -- -. Ordinance Number ,,~~ . PROOF OF PUBLICA liON (2015.5 C.C.P.l STATE OF CALIFORNIA. County of Orange 1 am a citizen of the United States and a resldentofthe County aforesaid; I am over the age of eighteen years, and not a party to 01' Interested In the above-entltled matter. I am the principal clerk of the printer of the This space Is for the County Clerk's Filing Stamp I -/() 7-1 . ...... ......... ...... ...................... ................bJ)(&i.p~ IUIIIIARY '_ANCE NUMBER (!ynJu( 1271 - EUCALYPTUS GROYE PRElERYATION OrdiRlnce Number 1271 aftheCltyof I SuI BeaCh establishinl permit re- I qUllments for Eucalyptus trees, applttS to eucalyptus &roves on III public pro. perty and on Private property which IS vacant, undeveloped, 01 which IS the sublect 01 a change of expansion 1M land use, was introduced and c:on. sidered under the public hear.,. at the r!lUlar City Council meet.ng of Apfil4, "1988. First reac:linl of OrdlRannc:e Number 1271 as amended was ap- proved by the following vote AYES. Clift, Grps, Hunt. Risner. I Wilson NOES: ,None Mabon Carried Ordi.c:e Number 1271 will receive second readilll and be considered for adoption at the regular City CounCil nwettnlof April 18. 1988 Copies of Ordinance Number 1271 are ava.lable _!'!he O!1lce fo the City Clerk, City Hall. 0211 . 8th 51...1. lelephane. 213- '''''1.1988. ' IltTE.o THIS 8tIl day of April. 1988. . ........ II. YIO, CIty CIotII f:llr of 800' _ ~'d 14, 1988 "Published in the Seal Beach Journal SEAL BEACH JOURNAL ........................................................ .................................................... a newspaper of general circulation. printed . WEEKl V and published .................................. In the City of .....~.~~~...~~.~.~~............ County 01 Orange. and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California, under thedateot...~.7.~~ 19 .7.~. Case Number .AllZ5.8J....; thatthenotlce. of which the annexed is a printed copy (set In type not 'smaller than nonpareil I. has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the fOIl~;ates. ~~:~~t.:...lfP?:~ L..l.. .............. all in the year 19..Z~ I certify (or declare) under penalty of perjury that the fori1golng is true and correct . Dated at SEAL BEACII <fIii1Ti~: ;~.i~.:JJ::~~~.~~::7E:::~ .l):ws+lmJrhfC!! A.~ t) Slgnatu~:.I.M..:..~...\ FrH c..i...f .111. 1I..nll 'orm m., Do HCurN from: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 Well Second 5.... Los Angeles, Calif. 90012 Telephone: /2131625.2541 Pl.... r..u.... A....... ....... ................. I I '1 I Ordinance Number /,;(7/ PROOF OF PUBLICA liON 12015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I . am the principal clerk of the printer of the SEAL BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation, printed . WEEKl Y and published.................................. in the City of .....~.~~~...~~.~.~!'!..........._ County 01 Orange, and which news. paper has been adjudged a newspaper of general circulation by the Superior Courl of the County of Orange. Slate of California, under the dateof...~.7.~~ 19 ....~, Case Number .A.ll2.5.8J....: that the notice. of which the annexed is a printed copy (set in type not 'smaller than nonpareil). ha5 been published in each regular and entire issue of said newspaper and not in any su~p. menl thereof on the following date5. to. It. \A. ~ I~ ~ ..... -pL~..df..L..................... all in the year 19.~, I certify (or declare) under penalty of perfury thaI the foregoing i5 true and correct. Daled al. .....~.~~~...~~.~.~!~...?:........... rJrnia.:~i1~{..dayOf...y 19.~ .... .~!.d.\llfJ(I.~tr?U1tad. o Slgnat~VeI Pre. COP'I.O' 11111 lI'ank I.,... ..oy IN .Ieu''''r.",: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 Wes' Second S.<, Los Angeles. Calif. 90012 Telephone: /2131625.2541 Pl.... rlIIU'" GENERAL ~tNtl.' PUIIJlu'.on wll.. order'.",,,,,,.,,,. This space Is for the County Clerk's Filing Stamp Proof of Publication of ................................................'!.......... Dvz:(H{1a:n~....&Q.,.../~.J:I.... . --..w. 0RDItMICE,...... t lm.IUl:M.YPTUI_ I _."11OM fOnll_NumWI27101t1leCltyal I SUI ....h, _iIlIllII porm~ re- I qui_II far EocoIrPW' ...... opo plill tD Eocoiyplul_ on oil public property and en privoIo property whlcl1 r II-=-t. u,. . r ., Cl"wbich ish , IUbjIct " . ~ II" ....11011 in f- .... Ordi_ NumW 1217 '----'lIIand_ '1IlaplId Ilftlll SIlo _ City Caun. tcllll!he_Ior_llIo1ApnI18. 1_ Ilftllllallawlna_, . AYES: Clift. Grpr.. Hunt. Risner, WIIIon ,. NOES, Nono Mat... ....1Id ! OapIoIalOrdl__1271... ~_loIlleintlleallicoolIlllCItyClerk. 'c:.., HoII. 211 - .... S_. Sui _, tolephane 12131 .31.2527. , OATEOTHIS 19tIldorofAprlI, 1988 ._..Yoo,a.,- 'a.,,,,-- , AprIl 28. 1_ '__In !he SUI luch Jaumol