Loading...
CC - Item 7C - 2nd Reading of Ordinance 919 Installation and Maintenance of Trees Rosemead Municipal Code Section 1428• / , ri • TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 27, 2011 SUBJECT: ORDINANCE 919 —SECOND READING: GUIDELINES FOR THE INSTALLATION AND MAINTENANCE OF TREES ROSEMEAD MUNICIPAL CODE SECTION 1428 SUMMARY On September 12, 2011, the City Council introduced Ordinance No. 919, which approved 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. Ordinance No. 919 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 919 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: GLORIA MOLLEDA CITY CLERK Attachment A — Ordinance No. 919 APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: ORDINANCE NO. 919 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 importance of trees to the residents of and visitors to Rosemead, and 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; and 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 requirements 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. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: 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 obligation. 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" shall mean 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 existing trunk 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 filed, 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 a 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 any 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 made the duty of all owners and persons having possession and control of real property within the City to water 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 roust 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. During its routine course of public works maintenance activities, City personnel shall provide a pruning of City Trees in accordance with regular grid trimming practices that promote the health of the tree. Eucalyptus trees shall not be pruned in the City between the period of April 1 st through October 31 st 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. I. 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 by the adjacent property owner. Any such removal will be subject to the following conditions: 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. C. The property ,owner shall deposit funds with the City for planting and irrigating a replacement tree. The type and location of the replacement tree shall be approved by the Public Works Department. 12.48.080 City Trees. A. Permits Required. 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 and 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 1 st 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 root pruning procedures; 2. Top or prune any City Tree in a manner that threatens the health of the tree and is not consistent with the ANSI 300 -A pruning standards adopted by the International Society or Arboriculture, and /or the National Arborists Association; 3. Allow any gaseous, liquid, or solid substance harmful to trees to come in contact with any part of any City Tree, including, but not limited to, over - watering; 4. Deposit, place, store or maintain upon the ground surrounding any City Trees any stone, brick, concrete, or other material which may impede the free passage of air, water, and fertilizer to the roots of any tree; or 5. Perform or cause any act requiring a permit in accordance with this chapter without first obtaining such permit. 12.48.090 Removal of Certain Desirable Trees. A. Native Trees and Prominent Trees shall not be removed without first obtaining a Street Tree Permit approved by the Director. The City shall issue such permits only after the presentation of evidence showing that the subject tree is a significant health or fire hazard. B. Removal of Desirable Street Trees. The Director shall authorize the removal of a Desirable Street Tree subject to provisions of this chapter only if the removal is justified for one (1) of the following reasons: 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 Removed and Damaged Trees; Fees and Fines. Any person responsible for the illegal topping, pruning, or removal of any City Tree shall be required to pay a restoration fee to the City, replace the tree(s) by replanting a tree of equal size, significance, and prominence, and /or pay treble damages as authorized by Section 3346 of the California Civil Code. The restoration fee shall be established by the Director of Public Works with the following considerations: A. An amount sufficient to permit the City to maintain the damaged tree over whatever period is required to restore it to appropriate condition. B. If the tree cannot be fully restored within a reasonable time, the Director shall fix the restoration fee at an amount sufficient to replace the tree with a like tree and maintain the new tree until it is fully established. C. The Director may require the posting of a bond in an amount sufficient to restore or replace the subject tree as a part of such process. 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) clays 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. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rosemead's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 5: This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this 27 day of September, 2011. STEVEN LY, MAYOR ATTEST GLORIA MOLLEDA CITY CLERK APPROVED AS TO FORM: RACHEL RICHMAN CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the foregoing Ordinance No. 2011- 919 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13 day of September, 2011, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27 day of September, 2011, by the following vote, to wit: AYES: COUNCIL MEMBERS:, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: GLORIA MOLLEDA ORANGEVAMORRIS \13871.3