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CC - Item 7B - Draft City Tree Ordinance0 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: AUGUST 9, 2011 SUBJECT: DRAFT CITY TREE ORDINANCE SUMMARY Trees significantly enhance the overall beauty of the environment and raise the quality of life for all who live and work in the City. The City of Rosemead currently owns about 5,200 trees that are located within the City right -of -way and at parks /facilities. The local urban forest is an important community asset, and as such, the City has continued a proactive approach to ensure that City trees remain healthy, aesthetically pleasing, and safe for the public. A street tree ordinance will help to protect all City -owned trees, set standards for tree maintenance, and establish an appropriate diversity in tree species throughout the community. The ordinance also is a requirement for the City to earn the designation as a 'Tree City USA ". Staff Recommendation It is recommended that the City Council review the proposed City tree ordinance categories and direct staff to prepare an ordinance for further consideration. DISCUSSION Over the last several years, the City has made significant efforts to further its urban forestry program. This includes the implementation of tree planting projects, the development of tree maintenance standards, and the creation of a City urban tree inventory and master plan. The City has also developed a local Arbor Day program to educate local school children on the important attributes that trees add to the community. These efforts have positioned the City to pursue the designation of becoming a "Tree City USA" through the Arbor Day Foundation and the USDA Forest Service. There are four standards that a City must adhere to in order to qualify as a Tree City USA, including: 1. The designation of tree board or department to oversee local trees; APPROVED FOR CITY COUNCIL AGENDA: NO, City Council Meeting August 9, 2011 Page 2 of 3 2. An active tree care ordinance to set guidelines for maintenance, planting, and preservation of trees; 3. The commitment of resources to maintaining trees (an annual budget of at least $2 per capita); and 4. The creation of an Arbor Day Observance /Proclamation Program. Currently, the City meets 3 of the 4 standards needed to become a Tree City USA. The adoption of a local tree ordinance will help fulfill the only outstanding requirement. Street Tree Ordinance The categories /terms listed below are proposed for inclusion in the City's Street Tree Ordinance. These categories will serve to protect City -owned trees, establish tree trimming requirements, protect certain tree species, establish tree removal criteria, and ensure that appropriate tree species are planted in public areas. As proposed, the City Street Tree Ordinance includes the following categories: Special City Trees Certain trees categorized as landmark, dedicated or neighborhood trees will be designated as special City trees. These trees may have historical significance and may help provide character to a location or to an entire neighborhood. Other special trees may be designated by virtue of their size, age, location, or species. Every effort shall be made to ensure that special trees are retained unless a significant problem exists (i.e. hazardous situation or disease). Problem Trees Trees that cause excessive hardscape or utility damage due to invasive roots will be designated as problem trees. These trees will not be planted in parkway locations due to their potential for future significant damage to infrastructure. Tree Removal Guidelines will be identified for the process of removing City trees, either by the City or private property owners. Such guidelines will include an application process for removing a tree, subsequent tree inspection by the City's Urban Forester, and an appeal process. These guidelines will not impact the City's ability to remove a tree that is dead, dying, unsafe, or diseased. Tree Maintenance The City will establish maintenance and trimming programs to ensure the proper growth and development of trees. Tree trimming standards and cycles will be performed in accordance to standards established by the International Society of Arboriculture (ISA) and depending on tree species or age. As proposed, the City's current 3 -year grid trimming program will be maintained for most trees. Supplemental trimming will be City Council Meeting August 9, 2011 Page 3 of 3 maintained for fast - growing trees or in special circumstances, as determined by the City's Urban Forester. Tree Department/Committee The City will designate the Public Works Department as the entity responsible for the maintenance and care of local trees. The City will also authorize the Department to develop a working committee of 5 local community members (residents or business persons) to review the City's tree programs /policies and help promote the City's urban forestry program. The working committee will meet as- needed and subsequent recommendations will be presented to the City Council for consideration. Tree Inventory/Street Tree List The City will maintain an active inventory of all street trees including species, maintenance history, and tree characteristics. A street tree list will be created to ensure that trees planted in public right -of -way are appropriate based on neighborhood characteristics, parkway size, and site constraints. Such tree list will also be used to ensure that new developments are attractive and fit within surrounding neighborhood locations. Next Steps/Council Review These items will be reviewed with the City Council for further review and consideration. Subsequently, staff will integrate any comments into the draft tree ordinance (Attachment 1) and introduce the ordinance for adoption in September 2011. Submitted by: John Scott Public Works Superintendent Su by: l� Chris Marcarello Public Works Director Attachments: (1) Draft Street Tree Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 12.48 TO TITLE 12 OF THE ROSEMEAD MUNICIPAL CODE TO PROVIDE REGULATIONS FOR THE PLACEMENT, MAINTENANCE, AND REMOVAL OF TREES ON PUBLIC PROPERTY WHEREAS, the City of Rosemead recognizes the and visitors to Rosemead, and that the community has an i. natural resources which provide scale, color, aroma, visual increased property values, and which contribute to the env aesthetics, modifying temperatures by providing shade`anc wind velocity, purifying and replenishing oxygen, control] habitat; and ance of trees to the residents of in preserving trees as important s between land uses, and nt by improving general hg heat and glare, reducing I erosion, and providing wildlife WHEREAS, the purpose of the requirements adopted by this Ordinance is to regulate the placement and provide for the proper. selection of new trees to minimize problems in public facilities, to establish requiremenu for the preservation' and proper maintenance of existing trees located on public property, and generally to promote the planting and preservation of trees in Rosemead; and WHEREAS, the City,Council has established a goal of Rosemead earning the "Tree City USA" designation awarded by the National Arbor Day Foundation, one requirement of which is the adoption of an ordinance to provide guidance for planting, maintaining, and removing trees from public places, and the City: Council intends for this Ordinance to meet this requirement. IZO1Y0717. �9 SECTION 1 : Chapter 12.48 is hereby added to Title 12 of the Rosemead Municipal Code to read in its entirety as follows: "Chapter 12.48" STREET TREES Sections: 12.48.010 Purpose 12.48.020 Definitions 12.48.030 Duties of Public Works Department/Tree Advisory Committee 12.48.040 Duties of Director 12.48.050 Applicability 12.48.060 Permits 12.48.070 Street Trees Located On or Near Private Property 12.48.080 City Trees 12.48.090 Removal of Certain Desirable Trees 12.48.100 Planting of Street Trees 12.48.110 Restoration of Illegally Removed and Damaged Trees 12.48.120 Appeal 12.48.130 Liability Disclaimer 12.48.140 Interference with Public Official 12.48.010 Purpose. The purpose of the requirements set forth in this chapter is to regulate the placement and provide for the proper selection of new trees to minimize problems in public facilities, and to establish requirements for the preservation and proper maintenance of existing trees located on public property. The Rosemead City Council has found and determined that the community has an interest in preserving trees as important natural resources which provide scale, color, aroma, visual buffers between land uses, and increased property values, and which contribute to the environment by improving general aesthetics, modifying temperatures by providing shade and'reducing heat and glare,reducing wind velocity, purifying and replenishing oxygen,, controlling soil erosion, and providing wildlife habitat. The City Council has further found and determined that the regulations set forth in this chapter are necessary to promote these interests. 12.48.020 Definitions. For the purposes of this chapter, the following words, terms, phrases, and their derivations shall have the meaning given herein. The word "shall" in this chapter indicates a mandatory In all cases, the Public Works Director shall have the right to determine the classification of any applicable tree. Such determination shall be final and not subject to appeal. "City" shall mean the City of Rosemead. "City Tree" shall mean any tree owned or controlled by the City found growing in parkways, public property, and any landscape easements granted to the City and/or the public. "Director" shall mean the Director of Public Works for the City of Rosemead or the Director's designee. "Diameter at Breast Height" ( "DBH") shall mean the measurement of the diameter of a specific tree trunk at four feet, six inches (4'6 ") above finished grade. "Native Tree" shall mean any tree indigenous to the desert, foothills, or canyons of Southern California, provided that the plant has an expected mature trunk size of six inches (6 ") DBH or more and has an expected mature height of fifteen feet (15') or higher. "Parkway" shall mean the portion of the street between the sidewalk and the roadway for vehicular travel, or any private property adjoining the roadway over which the City or the public holds a property right. The City does not maintain landscaping easements over residential parkways. Trees, landscaping and hardscape found within residential parkways are wholly owned by the adjacent property owner. "Prominent Tree" shall mean any tree with an existing trunk DBH of six inches (6 ") or more, or an existing height of fifteen feet (15') or higher. "Public Place" shall mean any property that is owned or controlled by the City and is open to public use. "Public Works Director or "Director" shall mean the Director of Public Works for the City of Rosemead or the Director's designee. "Street" means all or any portion of property owned or controlled by the City and designated for the use of the public as a thoroughfare for travel, including, but not limited to, sidewalks, gutters, drains, roadways, medians, and parkways., "Street Tree" shall mean any tree not owned or controlled by the City growing along any street or within any parkway., "Tree" shallmean a woody perennial plant which usually has, but is not limited to, a single dominant trunk and has an expected mature height of fifteen feet (15') or more, or has an existingtrunk diameter of four inches ,(4 ") or more measured at two feet (2') above finished grade 12.48.030 Duties of Public Works Department/Tree Advisory Committee. The Department of Public Works Tree Advisory Committee serves as the City's tree advisory board. The Advisory Committee shall consist of 5 community members (residents or business persons) appointed by Department, Committee members shall serve for a period of 2 (two) years and meet on an as- needed basis. Such committee shall be considered voluntary and no compensation shall be provided. The Committee shall: A. Study the problems and determine the needs of the City in connection with its tree planting and maintenance programs; approve updates to the community forestry work plan; establish and revise the designated Street Tree list; and hold discussions of tree- related issues; B. Hear and determine appeals from staff decisions regarding Street Tree removal. The Committee may grant an appeal if it finds that the staff decision would result in a burden on the property owner that substantially outweighs the benefit to the public. The Committee's decision may be appealed to the City Council if a written appeal, setting forth the grounds, is filed with the City Clerk within twenty days of the Committee decision. If no timely appeal is Sled, the decision shall be final. 12.48.040 Duties of Director. The powers and duties of the Director under this chapter are as follows: A. Designate where within a public place, City right -of -way or any City -owned property a City Tree will be planted; B. Recommend to the Advisory Committee any changes or additions to the designated Street Tree list; C. Periodically review and update the existing tree policy manual and community forestry work plan that states policies, procedures, and goals, concerning the selection, planting, maintenance and removal of trees in public places to promote a viable urban forest; D. To grant or deny the issuance of permits in accordance with the terms of this chapter. 12.48.050 Applicability. Except as otherwise provided herein, no City Tree or Street Tree shall be planted, maintained, or removed except in conformity with the provisions set forth in this chapter. When any new Street Tree is planted, it shall conform to the requirements set forth in Title 17, "Zoning" of the Rosemead Municipal Code, any additional requirement set forth herein, and any other requirements imposed as condition of approval for necessary permits. To preserve public safety and reliability in the construction, operation, and maintenance of overhead and underground electric lines and facilities, public utilities are exempt from the provisions, requirements, and restrictions` of this section. 12.48.060 Permits. A. The Director shall have the`authority to grant a no -fee Street Tree Permit for tree - trimming, removal, or planting,'as required by and subject to the provisions of this chapter. The Director shall further have the authority to impose any conditions on the approval of the permit as deemed necessary by the Director to fulfill the purposes and intent of this chapter. B. ' It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section` 1.01.200 et seq. of this Code, for my person to do any such work not specifically described in the approved Permit.. C. Trees that must be removed by order of the City, or that the City removes, are exempted from the permit process. ` D. The City Council shall establish by resolution a schedule of fees for the permits required by this chapter. 12.48.070. 'Street Trees A. It is mile duty of all owners and persons having possession and control of real property within the City to water and prune trees planted or set out within the street adjacent to their real property, including, but not limited to, parkways, in a manner to promote healthy growth. B. Pruning of Street Trees shall conform to the ANSI 300 -A pruning standards that have been adopted by the International Society of Arboriculture (ISA), and/or the National Arborists Association. Contractors hired by private parties to perform maintenance on street trees must possess a valid contractor's landscape license, must have an ISA Certified Arborist on staff, and shall apply for a Street Tree Permit prior to commencing work. Eucalyptus trees shall not be pruned in the City between the period of April I" through October 31st C. Street Trees which show symptoms of insect infestation or contagious diseases may require removal, unless adequate measures have been taken to remedy the situation. D. Seriously diseased or dead Street Trees shall be treated or removed by the City as necessary to correct the condition or prevent the spread of disease to trees on adjoining properties, and will be replaced with another tree where appropriate. E. Suitable precaution shall be taken to protect and warn the public in advance of spraying. F. City personnel shall provide a safety pruning when necessary by trimming overhanging branches on Street Trees to a vertical clearance of fourteen (14) feet over roadways and nine (9) feet over sidewalks. G. City personnel shall remove Street Trees that constitute a fire, health or safety hazard. City staff will notify adjacent property owners of the existence of a hazardous tree or condition and will remove the hazard immediately. H. Street trees that damage City-owned infrastructure, including, but not limited to, curbs and gutters, sidewalks, and asphalt roadways, shall be removed by the City and another tree will be planted if conditions at the subject site will support a new tree. 1. Removal of Street Tree by Property Owner 1. Under certain circumstances approved by the Public Works Director, the City will allow healthy, viable Street Trees to be removed b the adjacent property owner. Any such removal will be subject to the following conduirms:s A. The property. owner shall apply for a Street Tree Permit. B. The property owner shall pay all costs for removal of the tree and stump. and irrigating a approved by the 12.48.080 with the City for planting replacement tree shall be 1. .1 'Any alteration of any City Tree, including, but not limited to, any Street Tree, shall require a Street Tree Permit and shall be subject to all applicable provisions of this chapter. For the purposes of this chapter, "alteration" includes filling, surfacing, grading, compacting,,or..changing the drainage pattern of the soil around any tree, in a manner that threatens the`health of the tree:,.��_ ` 2 ", The removal of any City Tree, including, but not limited to, any Street Tree, shall require approval from the Director of Public Works and shall be subject to all applicable provisions of this chapter. B. Trimming Removal by City. 1. City personnel and agents shall not remove a City Tree except as may be provided in the provisions set forth in this chapter and unless such tree poses a pedestrian or vehicular hazard, is diseased or damaged, or damages City property or other services to the City. 2. During its routine course of public works maintenance activities, City personnel shall provide a safety pruning of City Trees for vertical clearance of fourteen (14) feet above roadways and nine (9) feet above sidewalks, and/or for the health of the tree. 3. Pruning practices performed by City personnel or contractors retained by the City shall conform to the ANSI 300 -A pruning standards that have been adopted by the International Society of Arboriculture, and /or the National Arborists Association. 4. Eucalyptus trees shall not be pruned in the City between the period of April I ' through October 31'". 5. City trees that damage City -owned infrastructure, including, but not limited to, curbs and gutters, sidewalks, and asphalt roadways, shall be removed by the City and another tree will be planted if conditions at the subject site will support a new tree. 6. If a City tree has caused damaged to private property such as concrete surfaces, block walls, or other concrete structures within the property, the property owner will be required to prove to the City that the tree actually caused the alleged damage, at the property owner's expense. Upon verification by Public Works staff, if it can be determined that a City tree has damaged private property, either the tree or the tree's roots will be removed by the City. The City will request that the property owner submit three estimates by private contractors for the repair of the damage. The Public Works Department will recommend to the City Manager that the resident be reimbursed for the damage based on the lowest estimate for repairs. C. Prohibitions. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.200 et seq. of this Code, for any person to perform or cause any of the following actions: 1. Damage, cut, carve, etch, hew or engrave, poison, or injure the bark or root system of any City Tree except for standard! 2. Top or prune any City Tr tree and is not consistent with the ANSI 300 -A Society or Arboriculture, and/or the National Art 3. Allow any gaseous, liquid contact with any part of any City Tree, including, 4. Demosit, place, store, or n Trees any stone, brick, concrete, or water, and fertilizer3o the roots of an 5. " Perform or cE chapter without first obtaining such I B. '`:Removal of D Desirable Street Tree subject (1) of the following reasons: tree; e in a manner that threatens the health of the muning standards adopted by the International rists Association; or solid substance harmful to trees to come in rut not limited to, over - watering; tintain . upon the ground surrounding any City d which may impede the free passage of air, requiring a permit in accordance with this Desirable Trees. Trees shall not be removed without first obtaining a r. The City shall issue such permits only after the ubject tree is a significant health or fire. hazard. Trees. The Director shall authorize the removal of a of this chapter only if the removal is justified for one 1. `The location of the Street Tree and/or its drip line interferes with an allowed structure, sewage disposal area, paved area, or other approved improvement or ground disturbing activity; 2. The location of a Street Tree and/or is drop line interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property; 3. The location of the Street Tree is hazardous to pedestrian or vehicular travel or safety; 4. The Street Tree interferes with, or is causing extensive damage to utility services or public facilities such as roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, building foundations of existing private and public structures, or any other municipal improvements; or 5. The condition or location of the Street Tree is adjacent to, and in such close proximity to, an existing or proposed structure that the tree has or will sustain significant damage. 12.48.100 Planting of Street Trees. A. No owner or person having possession and control of real property within the City may plant, or cause to be planted, any Street Tree without first obtaining a Street Tree Permit approved by the Director. B. All plantings should be in good horticultural practice as determined by the Director and shall conform to the City's community forestry work plan. C. Plantings for new developments shall conform to the landscaping standards set forth in Title 9 of this Code. D. The Director shall specify the spacing and recommended size of Street Trees. E. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.200 et seq. of this Code, for any person to plant any tree which will encroach upon an adjacent property, whether public or private.' _ 12.48.110 Restoration of Illegally R4 Any person responsible for the illegal topf be required to pay a restoration fee to the City, rel size, significance, and prominence, andfor_pay tre the California Civil Code. The restoration fee..sha Works with the following considerations:. A. An amount sufficient to permit the whatever period is required to restore it to approp7 B. If the tree cannot be. fully restoredr the restoration fee at an amount sufficient to new tree until it is fully established._... roved and Damaged Trees; Fees and Fines . ig, pruning, or removal of any City Tree shall ice the tree(s) by replanting a tree of equal e damages as authorized by Section 3346 of be established by the Director of Public ity to. maintain the damaged tree over bin a reasonable time, the Director shall fix the tree with a like tree and maintain the of a bond in an amount sufficient to restore or 12.48.120 Appeal. Any person aggrieved by the determination of the Director may appeal the determination to the City Council in accordance with Section 2.04. 100 et seq. of this Code. The City, Council shall set the matter for hearing and give notice to the person who appeals of the time and place set for the hearing. Following the hearing, the City Council shall make its determination. Any person ordered to restore a tree or trees shall do so within thirty (30) days of the City Council's action on the appeal. if restoration is not completed by such date then it may be undertaken by the City. The cost of restoration shall be a lien on the property or a debt of the person who removed the tree or trees if such person does not own the property on which the trees were located. The City Council's determination shall be final. 12.48.130 Liability Disclaimer. Nothing in this chapter shall be deemed to impose any liability upon the City, its officers, employees, or agents for any action or failure to act. Nor shall any provision in this chapter relieve the owner of any private property from the duty to keep any tree growing thereon in such condition as will prevent it from constituting a health or safety hazard or an impediment to travel or vision upon any street, parkway, or public place. 12.48.140 Interference with Public Official. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section. 1.01.200 et seq. of this Code, for any person to obstruct, impede, or interfere with any representative of the City enforcing the provisions of this chapter. SECTION 2 . If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection; }.subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 3 . The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of , 2011. MAYOR .- - - Formatted: Line spacing: single