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Ordinance No. 668 - Preservation of Oak TreesORDINANCE NO. 668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING ARTICLE IX, PART XXIII, OF THE ROSEMEAD MUNICIPAL CODE TO PROVIDE REGULATIONS FOR THE PRESERVATION OF OAK TREES. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. New sections 9130 through 9130.7 inclusive are hereby added to the Municipal Code as follows: PART XXIII PRESERVATION, CUTTING, AND REMOVAL OF OAK TREES Sec. 9130 Purpose and intent. This chapter is established to recognize oak trees as significant historical, aesthetic, and ecological resources and to create favorable conditions for the preservation and propagation of this unique 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 of the City in which oak trees live. Sec. 9130.1. Scope. The provisions of this chapter shall apply to all oak trees on all • public property and to private property which is vacant, undeveloped, or in the process of modification. Sec. 9130.2. Definitions. For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Director", in a matter involving private property, shall mean the Planning Director, and "Director", in a matter involving public property or property to be dedicated for public use, shall mean the City Engineer and property involving public parks property shall mean the Director of Parks and Recreation. (b) "Drip line" shall mean a series of points formed by the vertical • dripping of water from the outward branches and leaves of a tree. .(c) "Modification, process of" shall mean the change in any land that has or had improvements, buildings, and the like for another or expanded use. For the purposes of this subsection, minor maintenance and repair of existing structures and accessory buildings would be exempt from the provisions. (d) Oak tree shall mean any tree of the querous genus (oak) thirty-seven and one-half (37.6) seventeen--(17u) inches circumference; (12 inches in diameter) as measured four and one-half (4-1/2') feet above the root crown or, in the case of any such tree with a circumference of any two (2) trunks of at least thirty-seven and one-half (37.6) seventeen ehalf (4-1/2') (17) .inches (12 inches in diameter) as measured four and on- feet above the root crown. Oak tree shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business. (e) "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. (f) "Private- Property" shall mean land owned by individuals, partnerships, corporations, firms, churches, fraternities, and the like to which land access by the public is generally restricted. (g) "Prunning and/or trimming" shall mean the cutting of any limb or branch. Ord. 668 (h) "Public property" shall mean land owned by a public or governmental entity and generally accessible to the public. (i) "Root crown" shall mean that portion of a tree trunk from which roots extend laterally into the ground. (j) "Undeveloped property" shall mean land which is in its natural, original, or pristine state. (k) "Vacant property" shall mean land on which no buildings or improvements have been erected but which may have been graded for drainage or other purposes. (1) "Arborist" shall mean a person who is a California Certified Arborist; a person accredited by,the International Society of Arboriculture in California. Section 9130.3. Permits. (a) Requirements. (1) Any person desiring to remove, cut down, destroy, relocate, prune and/or trim, or otherwise undertake activities which could inflict damage to an oak tree, as defined in Section 9192.2(d) of this chapter, shall first obtain a tree permit from the City. The pruning and/or trimming of limbs or branches less than twenty eight (28") nine--(9u) inches in circumference (9 inches in diameter) shall be exempt from the requirements of this subsection. (b) Applications. • Prior to the granting of a tree permit, an application for a tree permit shall be submitted to the Director. The basic form, content, instructions, procedures, and requirements of the application package deemed necessary and appropriate for the proper enforcement of this chapter shall be established by the Director. (c) Granting or denial. Upon the review of an application for a tree permit duly filed in accordance with the approved procedures and requirements (and after an on-site inspection by the Director or his designated representative), the Director shall grant or deny a tree permit on the basis of the standards set forth in this chapter. (d) Conditions. . Such conditions as deemed necessary and appropriate to insure the proper enforcement of this chapter may be made a part.of the tree permit. Such conditions may involve, but shall not be limited to, the following: (1) The replacement of the oak tree proposed for removal with oak trees of a suitable type, size, number, location, and date of planting based upon a ratio of two (2) new trees for every one (1) removed; (2) In cases where conditions preclude the project site from planting the replacement trees, the Director may consider planting replacement trees on public property such as designated open space areas, public parks, etc. (3) A plan as outlined in Exhibit "A" for protecting oak trees on the project site during and after development, such as, but not limited to, the installation of six (6') foot high chain link fencing 5 feet beyond the drip lines and, four (4) signs, two (2') foot square containing the following language: "Protected Oak Tree - Warning - This fence shall not be removed or relocated without written authorization from the City of Rosemead Department of Planning". (4) Restrictions upon cuts, fills, and/or grading within the drip line area. Ord. 668 (5) The submittal of a tree report prepared by a certified arborist evaluating oak trees as defined in subsection 9130.2(l) of this chapter. Said report shall evaluate and recommend proper mitigation measures including but not limited to, relocation, trimming, reinforcing, bracing, and other measures needed to preserve said oak trees. All oak trees identified in said report shall be numerically tagged for identification purposes with a two inch square metal marker. (e) Expiration. An approved tree permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval, shall become null and void and of no effect, except, where an application requesting an extension is filed prior to such expiration date, the Director may extend such time for a period not to exceed one year. (f) Exemptions. The provisions of this section shall not apply to the following: (1) Any permit, variance, tentative tract map, or minor land division approved prior to June 26, 1990, by staff, the Council or Planning Commission in instances where such trees, as defined in Section 9130.2(d) of this chapter, were specifically considered in such approval; (2) Cases of emergency caused by a tree being in a hazardous or dangerous condition as determined by the Director or any member of the Sheriff's Department, Fire Department, City Engineer, Parks & Recreation Department, or an affected utility company; and (3) The necessary cutting and trimming of trees when done for the purpose of protecting or maintaining overhead public utility lines. (g) Fees. Applications for tree permits shall be accompanied by appropriate fees as established by a resolution of the Council, which fees shall be commensurate with the cost of processing and reviewing applications for permits and administering this chapter. • Section 9130.4. Standards for granting permits. The granting of a tree permit pursuant to this chapter shall be based on the following: (a) The condition of the oak tree with respect to disease, danger of falling, and the proximity to existing or proposed structures; (b) The necessity to remove an oak tree in order to construct proposed improvements to prevent economic hardships to the owner of the property. The burden of proof shall be the responsibility of the applicant at the time of the application to remove the tree; (c) The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters; (d) The number of oak trees existing in the neighborhood on improved property. Decisions shall be guided by the standards established in the neighborhood and the effect of the heritage tree removal upon property values in the area; and (e) Good forestry practices, such as the number of healthy heritage trees which a given parcel of land or area can support. Ord. 668 Section 9130.5. Tree Preservation Plan. When an application is filed for a conditional use permit for commercial development, variance;--zone--change; tentative tract map, design review, or minor land division concurrently with-an-application-for-a-tree-permit as--provided--by--this--chapter; a tree preservation plan shall be submitted showing all trees. Said plan shall be drawn to 20 scale or equivalent. A tentative ma or land surveyors map may be used as a substitute for a tree preservation plan provided the following information listed 1 through 9 is included on said mom.and--be-prepared-by-a-professional-familiar-with-the preparation--of--said--plans- All tree preservation plans shall include the following information: 1. Location, height;-and-age of all trees, 2. Existing-and proposed property lines, 3. Tree drip lines, 4. Botanical and common names of all trees, 5- Eirenmferenee--of--each-tree-as-determined-bq-subsection-9138..-2-of this-chapter; 5. Contour lines at one foot intervals showing elevations of the site, 6. Existing and proposed elevations caused by grading on the site, 7. Location of existing and proposed buildings, paving, or other structures, 8. The size, type, location, and depth of proposed utility trenching or easements, 9.- Photegraphs-of-&11-trees; 9. Any additional information as required by the Director Said plan shall show details to justify any tree that is to be relocated or, removed at the subdivision, grading, or construction stages of development. Failure to submit said plan in acceptable detail, shall be grounds for rejection as an incomplete development application pursuant to section 65940 of the Government Code. Section 9130.6. Appeals. The Planning Commission shall hear and act on any appeal of a decision of the Director in the administration or enforcement of this chapter. Appeals of decisions of the Planning Commission shall be subject to appeal to the City Council pursuant to the provisions set forth in Section 9186 of this chapter. Section 9130.7. Violations: Penalties. Any violation of the provisions of this chapter or of any permit granted pursuant to this chapter shall be a misdemeanor, and any person found guilty of such violation shall be punishable as set forth in Article 1 of Chapter 2 of this Code. Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be processed according to law. PASSED, APPROVED and ADOPTED this 9th day of October 1990. MAYOR I hereby certify that the foregoing Ordinance No. 668 was introduced at a regular meeting the City Council of ATTEST: the City of Rosemead held on the 25th day of September,. 1990, and:was duly adopted by-said City Council at their /elute u~~ regular meeting.held on the 9th day 6f October, 1990, by CITY' CLERK' the following vote: i Yes: McDonald, Bruesch, Imperial No: Taylor Absent: De Cocker Abstain: None ORD668" COY CLERK;.