HomeMy WebLinkAbout1990-06-12 - AGENDA REPORTS - TREE ORD 90-15 (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
UNFINISHED BUSINESS Jeff Kolin
DATE: June 12, 1990
SUBJECT: Tree Ordinance 90-15
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DEPARTMENT: Parks and Recreation
BACKGROUND
At the March 7th Council Study Session, a draft Tree Ordinance was reviewed.
Council identified five sections of concern and suggested changes. Staff has
made those changes and reviewed them with local utilities, developers, Parks and
Recreation Commission and City Attorney's office.
One area of concern was section PR.04-C (now recommended as SCMC section
13.76.04C) regarding the City's right to regulate tree planting in areas 5'
beyond City parkways. This section was an effort to restrict developers from
developing a tree -lined streetscape that is out of the City's control. The City
Attorney's office has researched this and will offer its legal opinion this
evening.
Two ordinances have been developed. Version 1 is without the authority of the
City. to review and control plantings on private property 5' beyond the
parkways. Version 2, at section 13.76.04 would allow the City to control
plantings on private property 5' beyond the parkway by way of new development
review and nuisance abatement when a property is developed prior to the
effective date of the ordinance or left undeveloped.
Staff is recommending an alternative section be added to the proposed tree
ordinance under section 13.76.07 Criteria For Removal Of Trees. Staff is
proposing an option for property owners whose tree(s) does not meet ordinance
criteria for removal standards. The alternative would allow the property owner
to remove and replace the tree at their cost when it does not meet City criteria
for removal.
RECOMMENDATION
It is recommended that the Council review both draft Tree Ordinances,.hear legal
counsel, waive further reading, and select either Version 1 or 2 of the draft
Tree Ordinance to pass to the second reading. It is also recommended that
Attachment C regarding alternative Criteria For Removal Of Trees be considered
and included in the draft Tree Ordinance that is passed to the second reading.
ATTACHMENTS
A. Draft Tree Ordinance, Version 1 90-15
B. Draft Tree Ordinance, Version 2 90-15
C. Criteria For Removal Of Trees, 13.76.07A-11
franfinued To:
Agenda Ifem:
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SUMMARY OF
ORDINANCE NO. 90-15
40
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE AT CHAPTER
13.76 OF TITLE 13, RELATING TO PARKWAY
TREES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the Santa Clarita Municipal Code is hereby
amended at Chapter 13.76 to read as follows:
13.76.01 Purpose Of Chapter and Findings.
13.76.02 Definitions.
13.76.03 Street Trees Property Of City.
13.76.04 Authority of City/Director.
A. Authority Over Street Trees.
B. Responsibility of Director.
C. Authority Over Trees Beyond Parkway.
13.76.05 Pezmits, General.
A. Permits - Street Trees.
B. Permit Revocation and Other Recuirements.
C. Permits - Utilities.
D. Permit - Subdivision.
E. Appeals from Discretionary Decisions by ,the
Director.
13.76.06
Prohibitions and Penalties.
A.
Interference With Work Or Enforcement.
B.
Non -permitted Plantings.
C.
Unlawful Damage.
D.
Non -Permitted Parkway Lines or Objects.
E.
Damage To Tree(s) - Penalties.
F.
First And Second Offenses/Violations.
G.
Third Or More Offenses/Violations.
H.
Each Tree Constitutes One Violation.
13.76.07
Criteria For Removal of Trees.
A.
Criteria for Removal.
B.
Removal of Private Treace Or Of-har Plant
City.
C. Removal of Stumps.
13.76.08 Duty of Utility To Protect Trees.
A. Duty To Prevent Damage.
13.76.09 Duty of Property Owner To Maintain Street
and Private Trees.
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A. Property Owners Responsibility In Parkway.
B. Property Owners Responsibility For Private
Trees.
13.76.10 Subdivision Requests/Construction,
Alternation or Removal of Structures Affecting Street Trees.
A. Permit Required If Tree Affected.
SECTION 2. That the City Clerk shall certify to the
adoption of this Ordinance and shall cause a summary of such
Ordinance to be published as provided by law.
PASSED, APPROVED AND ADOPTED this _ day of 19_
ATTEST:
CITY CLERK
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MAYOR
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF SANTA CLARITA )
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1, , City Clerk of the City of
Santa Clarita, do hereby certify that the foregoing
Ordinance No. was duly adopted and passed at a
regular meeting of the City Council on the day of
19_, by the following four-fifths vote, to
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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CITY CLERK
TSM/WP/ORD77021 S Version 1
0 ORDINANCE NO. 90-15
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE AT CHAPTER
13.76 OF TITLE 13, RELATING TO PARKWAY
TREES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the Santa Clarita Municipal Code is hereby
amended at Chapter 13.76 to read as follows:
CHAPTER 13.76
PARKWAY TREES
13.76.01 Purpose Of Chapter and Findings
A. Purpose - This Chapter is adopted for the
purpose of establishing rules and regulations relating to
the planting, care, maintenance and removal of trees, shrubs
and any other plantings in public areas, rights-of-way and
easements, and relating to certain activities on private
property.
13.76.02 Definitions
The following definitions shall apply to this
Chapter.
A. "Conforming -Tree" means an approved tree that
is included on the City's adopted Master Street Tree List,
planted and grown in accordance with the Street Tree
Program.
B. "Director" means the Parks and Recreation
Director or the Parks and Recreation Director's designee.
C. "Even -aged" means those trees of similar
species, or of different species with similar lifespan, all
of which were planted at approximately the same time and are
likely to decline simultaneously.
D. "Historic Planting" means any tree, shrub or
other plant within the City on either public or private
property which has been found to be of notable historic
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a
interest and so designated by Resolution of the City
Council.
E. "Maintain" or "Maintenance" means and includes
pruning, spraying, root pruning, mulching, fertilizing,
cultivating, supporting, treating for disease or injury,
promoting public safety, or other similar act which promotes
the life, growth, health or beauty of any planting on public
property.
F. "Monocultures" means single species plants,
whether or not even -aged, which can intensify problems of
disease susceptibility and/or insect infestation.
G. "Official Planting" means any tree, shrub or
other plant which has been planted in accordance with the
Street Tree Program.
H. "Park Tree" means any trees, shrubs, bushes
and all other woody vegetation in public parks having
individual names, and all areas owned by the City or to
which the public has free access as a park.
I. "Parkway" means that portion of a public
street which is not improved for actual street,- curb, gutter
or sidewalk use and which is available for planting and
maintaining street trees.
J. "Private Tree" means any tree, shrub or other
plant which is not a street tree, and which is located on
private property.
K. "Property owner" means the legal owner of any
real property facing on any street of the City, and any
lessee of such owner.
L. "Protected Tree" means any tree in one or more
of the following categories which are to be protected and
preserved as long as possible, and so designated by
resolution of the City Council. Trees are as follows:
1. "Exceptional Specimen Tree" means a tree
considered an outstanding specimen of its species by reason
of age, rarity, location, size, aesthetic quality, endemic
status, or unique character, and so designated by resolution
of the City Council.
2. "Habitat Tree'! means a tree (or any group
of trees) which has special importance as a wildlife
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habitat, and so designated by resolution of the City
Council.
3. "Historic Tree" shall mean a living tree
in association with some event or person of historical
significance to the community or because of special due to
size, condition or aesthetic qualities, and so designated by
resolution of the City Council.
4. "Indigenous Tree" means a tree which
occurs naturally in the City of Santa Clarita, and so
designated by resolution of the City Council.
M. "Pruning","
Trimming or Thinning means
methods to control the height and spread of a tree, lessen
the wind resistance, preserve its.health and appearance,
produce fuller branching and shaping, aid in disease
prevention by allowing more light and air passage within,
and make adjustments which will increase its longevity in an
urban environment.
N. "Public Area" means any park, playground, or
area around public buildings, public parking lots, and all
other areas under the supervision and control of the City,
not including any public street.
O. "Public Nuisance" means trees or other
plantings that cause an unsafe, hazardous condition over, on
or around public areas, parkways or roadways. Including but
not limited to: transferring of uncontrollable tree
diseases, unsafe vehicle sight visibility, utility damage,
public improvement damage, unsafe tree parts, excess limb
weight, and vine growth onto public areas, parkway trees or
utilities.
P. "Public Street" means and includes every way
set apart for public travel or use in the City, including
any area available for use as a City street, road, avenue,
boulevard, lane, alley, parkway, planting strip, curb,
gutter or sidewalk owned by the City.in fee or as an
easement or right-of-way for public use.
Q. "Root Barrier" means any number of devices,
materials or methods of directing or redirecting the root
systems of trees away from the surface of the ground in
order to prevent or minimize root damage to adjacent
concrete or asphalt public improvements, or to nearby
utilities or structures, and to so control growth of tree
root systems as to assure more deeply rooted and firmly
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anchored trees which are better able to withstand strong
winds.
R. "Root Pruning" means cutting back tree roots
where they may be damaging curbs, gutters, sidewalks,
driveways, and possibly sewer and water lines or other
utilities in an attempt to prevent further damage, undertake
necessary concrete repair work, all in the interest of
saving trees versus removals.
S. "Specimen Tree" means any tree which has been
so designated by resolution of the City Council as having a
high degree of value due to its type, age, size,
conformation or location.
T. "Street Tree" means any tree growing in
parkways within the City.
U. "Street Tree Program" - Management practices
in relation to arboriculture industry standards of tree
maintenance, including pruning, fertilization, pest and
disease control, planting, watering, removing and recycling
of trees.
• V. "Temporary Tree" or "Interim Tree" means a
short term, usually fast-growing and inexpensive species
which would occupy certain planting sites until it is time
to plant the next generation of the chosen species, enabling
scheduled tree replacement to be so staged as to allow
several generations of trees to be present at all times to
prevent the required minimum canopy coverage.
W. "Topping", "Heading", "Stubbing" and
"Pollarding" means relatively severe types of pruning which
usually produce less desirable results than more moderate
pruning with respect to a tree's natural form, and which
should be used sparingly and only when considered necessary
to eliminate hazards to human life or private property.
X. "Tree" means any woody plant, including a
palm, which has the potential of attaining a minimum height
of fifteen feet and has a canopy of foliage borne normally
by a single trunk.
Y. "Tree Well" means a planting area found in an
otherwise paved public Street and is included in the
definition of parkway.
Z. "Urban Forestry" means the ecology of native
and non indigenous plantings creating a forest in the human
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living environment, and emphasizing the practice of wise
professional planned management of all tree resources within
an urban area including trees in public streets, public
areas, and on private property to provide for multiple use
benefits for the general well-being of the.entire community.
13.76.03 Street Trees Property Of City. All trees
and shrubs planted or existing in the City's street, park,
public right-of-way or easement or other public place within
the City limits and so considered and/or dedicated as City
property, is the property of the City.
13.76.04 Authority of City/Director.
A. Authority Over Street Trees - The City shall
have control of all street trees, shrubs and other plantings
now or hereafter in any street, park, public right-of-way or
easement, or other public place within the City limits, and
shall have the power to plant, care for, maintain, remove,
and replace such trees, shrubs and other plantings.
B. Responsibility of Director - The Director has
the responsibility for the inspection, maintenance, removal,
planting and replacement of all trees within the City's
streets, parks, public right-of-way, easement, or other
public place within the City limits. The Director shall
plan, administer, control and regulate the tree program of
the City.
1. Protected Trees -
intended to give, and gives, full and
the Director over all protected trees
to be.planted and grown upon any and
public areas in the City. Protected
by resolution of the City Council.
13.76.05 Permits, General
A. Permits - Street Trees
This Chapter is
complete authority to
existing or hereafter
all public streets and
trees are so designated
1. Permit Required for Planting, Removing,
or Maintenance - Whenever a property owner desires to plant,
prune, trim, root prune or remove trees planted in a parkway
or public.area, an application shall be filed with the
Director for a permit to take such actions. If the Director
finds that such action is to the advantage of a tree, or
removal is imperative due to safety considerations, and upon
the approval of the City arborist, a permit may be issued,
but only for such work that will not create, continue or
aggravate any hazardous condition or public nuisance, will
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not prevent or interfere with the growth, location or
planting of approved street trees, and is consistent with
the Street Tree Program. The Director may waive the permit
requirements for minor trimming or pruning activities, such
as the removal of palm fronds.
B. Permit Revocation and Other Requirements
1. Permit Denied - If a permit is denied, a
written denial shall be given the applicant stating the
reasons. Such decisions may be appealed to the Parks and
Recreation Commission within 20 days of written denial.
2. Permit Revocation - Work undertaken by
the permittee or his agent may be stopped immediately and
the permittee's permit may be revoked by verbal presentation
or written order of revocation by the Director when, in the
Director's opinion, the program of work or conditions
outlined in the permit are not being complied with. Such
revocations may be appealed to the Parks and Recreation
Commission within 20 days of revocation.
3. One Permit - I£ a person obtains a
building permit or other permit from the City and street
work is required or authorized under that permit, the person
need not obtain a separate street tree permit. Under the
general supervision of the Director, the appropriate
department shall supervise street work performed under a
permit issued by that department. However, it will be
required of developers or contractors to notify the City
Parks and Recreation Department of the types, quantities and
sites of trees planted. This information will be used for
the purpose of updating the.City's tree inventory. This
chapter applies to "tree planting" only; all other work is
subject to the permit issuance provision of this section.
4. Bond - If, in the judgment of the
Director, the nature, extent or benefit to the public health
or safety of any proposed work is considered significant, as
a condition of the issuance of any permit the posting of a
bond may be required guaranteeing the completion of such
work to the satisfaction of the Director. The bond amount
will be 100% of actual job value.
5. Insurance Requirements - Any person, firm
or corporation engaged in the business of maintaining or
removing City trees shall carry public liability and
property damage insurance in an amount to be determined by
the City Council and policies or certificates thereof shall
be filed with the City. Clerk. An indemnity agreement and
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• certificate of self-insurance shall constitute compliance
with this requirement for regulated public utilities.
C. Permits - Utilities - Any person doing
business as a public utility subject to the jurisdiction of
the Public Utilities Commission of the State of California
and any constituted public agency authorized to provide and
providing utility service shall be issued a permit valid for
one year from the date of issuance, permitting such
person(s) or its authorized contractor to -trim, prune, brace
or perform other acts, except removal, with respect to trees
growing on parkways or on public areas of the City as may be
necessary to comply with the safety regulations of said
Commission and as may be necessary to maintain the safe
operation of its business. Before any tree is removed,
under the above provisions, a permit must be obtained from
the Director. Emergency services are exempted pursuant to
13.76.08. In an emergency, trees may be removed by the
public utility without a permit pursuant to California
Public Utilities Commission Rule 35, of California General
Order 95, when deemed necessary by the public utility.
D. Appeals from Discretionary Decisions by the
Director - Any person excepting to the denial, suspension,
• revocation or award of a permit applied for or held pursuant
to any administrative decision made by the Director, if the
denial, suspension, revocation or award of the permit or
determination of such administrative decision involves the
exercise of administrative discretion or personal judgment
exercised pursuant to the provisions of this ordinance, may
appeal in writing to the Parks and Recreation Commission by
filing with the City Clerk a written notice of such
appeal. No.appeal may be taken to.any such administrative
decision made by any official acting on behalf of the
Director unless such decision to appeal has been first taken
up with the Director, and such official has not adjusted the
matter to the appellant's satisfaction. No right of appeal
to the Parks and Recreation Commission from any administra-
tive decision made by the Director pursuant to any
provisions of this ordinance shall exist when such decision
is ministerial and thus does not involve the exercise of
administrative discretion or a personal judgment exercised
pursuant to any of the provisions of this ordinance, whether
the administrative decision involves the denial, suspension,
revocation or award of a permit or any other administrative
decision. The decision of the Park & Rec Commission may be
appealed to the City Council pursuant to section 2.04.060.
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13.76.06. Prohibitions and Penalties.
A. Interference With Work Or Enforcement
1. No person shall interfere with or cause
any person to interfere with any work being done under the
provisions of this Chapter by the Director or any employee
of the City, or by any person or firm doing work on a
contract basis for the City or under a -permit granted by the
City, nor interfere with or cause any person to interfere
with or delay the authorized representatives of the City
from the execution and enforcement of this Chapter, except
as provided by law.
2. Nopersonshall interfere with, or cause
anyone to interfere with or damage adjacent structures,
facilities, or utilities while removing, trimming, or
cutting any street trees. The owner of such facilities
shall be notified when such work may interfere with or cause
damage to the facilities. The cost of repair of the damage
to adjacent structures, facilities, or utilities shall be
the responsibility of the person, firm or corporation doing
or causing the work to be done and shall restore damaged
areas to previous conditions.
B. Non -permitted Plantings - No person shall
plant or install in a parkway or public area unless
otherwise permitted by the Director a nonconforming tree,
trees that the canopy or root system competes with parkway
trees, or trees that cause a public nuisance.
C. Unlawful Damage - No person shall cause any
unlawful damage to any street tree, by injuring, defacing,
breaking, abusing, killing or destroying by any means any
street tree including, but not limited to, the following:
1. Constructing a sidewalk or driveway or
otherwise filing up the ground in the vicinity of any street
tree so as to shut off air or water from its roots.
2. Constructing or maintaining of a stone,
cement or other substance so that it impedes the free access
of water or air to a street tree.
NOTE: At least twelve square feet of open ground shall be
maintained around a street tree unless the Director
specifically permits otherwise.
3. Planting, placing or constructing of
shrubs, trees, flowers, vines, fences, rocks, gravel, signs,
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TBM/WP/ORD77024 0
® for young trees and temporary protection for newly planted
lawns, or cause or create conditions of uneven ground, holes
or other hazards, in a parkway that will cause damage or
interference with normal growth and maintenance of street
trees.
4. Piling building materials, equipment, or
other substance around any street tree, 12 square feet
clearance must be maintained.
5. Pouring or applying any gaseous, liquid
or solid deleterious matter or substance on any street tree
or on the ground near any street tree.
6. Posting of signs, posters, notices,
leaflets, handbills, or other printed material or object on,
or fastening guy wire, cable, rope, nails, screws or other
device to street tree, tree stake or guard.
7. Causing or encouraging any fire or
burning near or around any street tree.
8. Using of mechanical.weeding device
against a street tree, damaging the bark and cambium
• tissues.
9. Constructing retaining walls, fences, or
other similar improvements which prohibit the planting or
maintenance of street trees or otherwise affect their
growth.
10. Operating equipment in such a manner
causing contact with a street tree.
11. Disrupting the anchorage of, or changing
the grade around, street trees.
12. Cutting into the trunk area of a tree.
13. Tree Topping - Heading, stubbing and
pollarding as defined under definitions of this ordinance is
prohibited. Upon Director approval topping may be
considered where necessary to eliminate public nuisances,
hazards to human life or private property.
14. Root Damage - Persons excavating,
trenching, or otherwise engaged in subsurface activity
within any public area, parkway or roadway shall not remove
or detach the root system of trees that would amount to 1/4
of said trees root system and/or remove or detach major
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anchorage roots that may leave trees unsafe. Other
alternatives may be deemed necessary by the Director in the
attempts to maintain the health and safety of considered
trees.
D. Non -Permitted Parkway Lines or Objects -
Domestic non -permitted lines or objects in City parkways,
such as sprinkler irrigation lines, water drain pipes or
landscape dressings, such as loose bricks, ground cover,
plantings or any decorative item shall be removed by
adjacent property owner 72 hours prior to subsurface tree
activity performed or caused to be performed by the City. A
minimum of two weeks notice shall be given to the adjacent
property owner prior to such activity. The City or its
agent shall not be held responsible for damage to any such
non -permitted underground facilities.
E. Damage To Tree(s) - Civil Penalties - It shall
be -unlawful for person(s) to cause damage to tree(s)
pursuant to this chapter by any act or omission, whenever
such act or omission is prohibited by or not authorized by
this Chapter. Accidental, willful injury, disfigurement or
destruction of any public tree(s) shall be a violation of
this Chapter.
In addition to any criminal penalty, the violator
will be charged for all replacement or repair costs in an
amount.egual to cost of replacing the tree with a tree of
similar size, including labor and administrative costs.
Such costs shall be determined .by the Director.
F. Criminal Violation. Multiple Violations.
1. Infraction. Any violation of any
provision of this ordinance shall be an infraction, unless
stated otherwise. Any person convicted of an infraction
under the provisions of this ordinance shall be punishable
for a first conviction by a fine of not more than $250 and
for a second conviction within a period of one year by a
fine of $500.
2. Multiple Infractions - Misdemeanor. Any
person convicted of an infraction under the provisions of
this ordinance for a third time within a -period of one year
shall be guilty of a misdemeanor and shall be punishable by
a fine of not more than $1,000 or by imprisonment in the
county jail for a period note exceeding six months, or by
both such fine and imprisonment.
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• 3. Each Tree Constitutes One Violation -
Damage to any one tree constitutes a separate violation
under this chapter for purposes of both criminal and civil
penalties.
13.76.07 Criteria For Removal of Trees.
A. Criteria for Removal - Subject to the
provisions of this Chapter, the Director shall be
responsible for inspection, maintenance, removal and
replacement of street trees, and may cause street trees to
be removed by the City if they are deemed by the Director to
be unhealthy, hazardous, undesirable, or causing excessive
damage to existing public improvements or other street
trees. Acceptable reasons for any removal of a tree shall
include, but not be limited to, the following conditions of
the tree or trees:
1. Dead - where all active tissues are no
longer alive.
2. Dying, decayed or hazardous, or so
weakened by age, disease, storm, fire, excavation, removal
of adjacent trees, or any injury so as to cause imminent
danger to persons or property.
3. Diseased beyond reclamation, or the
condition of which is a source of present danger to healthy
trees in the immediate vicinity.
4. In dangerous proximity to existing
structures, facilities or utilities and where it is not
feasible to relocate structure, facilities or utilities.
5. Constituting a hazard to property or
persons.using the adjoining -streets.
6. Because of its root system, causing
excessive damage to curbs, gutters, sidewalks or driveways.
7. Obstructing proposed improvements so as
to restrict economic enjoyment of the adjacent property,
including the construction or safe use of a driveway or
parking space for which a permit has been issued unless such
tree has been designated a protected tree.
8. Crowded by other trees, and good
horticultural practices dictate removal of.some trees.
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9. Otherwise healthy, but the removal of
which is considered desirable because it is a proven
nuisance species and/or in order to achieve a properly
staged tree replacement schedule which enable several
generations of trees to exist simultaneously.
10. Trees so located that can fall into
public utility crossing spans, or into any spans, that could
communicate trouble to crossing spans, pursuant to the
requirement of Rule 35 of the California Public Utilities
Commission's General Order 95.
B. Removal of Private Trees Or Other Plants By
City - If it is determined by the Director that unsafe trees
or plant material exists on private property and that unsafe
trees or plant material encroaches onto public area or
right-of-way and public.safety is at risk, the Director
shall order the owner of such tree or plant to remove the
unsafe trees or plant material at the owner's expense.
Removal(s) will be required within a time period set forth
by the Director. If property owner fails to remove the
unsafe material within the time period given, the Director
will remove said material and all charges for removals,
including administrative costs, will be charged to the
owner. Owner may appeal such decisions within 10 days after
notification. Appeals shall be directed to the Parks and
Recreation Commission.
C. Removal of Stumps - When trees are removed,
all stumps including underground portions shall be removed
to a depth specified by the Director.
13.76.08 Duty of Utility To Protect Trees.
A. Duty To Prevent Damage - it shall be the duty
of any person owning or operating any utilities within any
public street (including, but not limited to, water, sewer,
electrical, gas, telephone and cable television services) to
maintain such utilities in a manner to prevent damage to
street trees.
1. Utility Protection of Trees - During the
construction, repair, alteration, removal or moving of any
facility or utility, good and sufficient guards shall be
placed to prevent injury, damage or defacement to any street
tree in the vicinity of such operation. Parkways which are
damaged by construction or other act shall be returned to
their original condition by the person, persons or firm
causing such damage, or shall bear the cost of such action,
including legal and administrative costs.
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• 2. Utility Company Pruning of Trees - When
doing routine pruning of street trees to maintain clearance
from utility lines, the utility company shall annually
inform the Director where trees are to be pruned. All
pruning work shall follow proper arboricultural practices as
approved by the Director.
3. Emergency - In an emergency when a street
tree is interfering and interrupting service, a public
utility company providing gas, water, sewer, electricity,
telephone, telegraph or cable television service may trim or
remove branches of trees to the extent necessary to restore
service and protect its facilities. If the emergency
removal of a street tree is necessary and public safety is
at risk, only then will it be acceptable to remove said
tree(s) to restore or prevent disruption of utility service.
4. Prevention of Utilities Not Intended -
This section shall not prevent persons, firms or public
utilities from installing and maintaining structures,
facilities or utilities lawfully on, over or under public
streets, subject to other provisions of this Code as may
apply. The Director when maintaining or removing street
trees, shall consider the effect upon existing overhead
• wires or underground pipes or conduits in order to avoid any
unnecessary disturbance to or relocation of such facilities,
in accordance with the Street Tree Program.
E
13.76.09 Duty of Property Owner To Maintain Street
and Private Trees.
A. Property Owners Responsibility In Parkway -
With the exception of pruning and trimming, property owners
are responsible for the proper maintenance of parkways
abutting their property. Such maintenance shall include
watering, keeping the parkways free from weeds or other
obstructions harmful to public safety maintaining such areas
in a neat, clean, orderly manner.
B. Property Owners Responsibility For Private
Trees - Notwithstanding other provisions of this Chapter, it
is hereby made the duty of every person owning or occupying
any land or lots of land within the City to keep all private
trees which extend over any public street trimmed up to a
height of not less than fourteen feet, except that a height
of not less than eight feet shall be permitted over a
sidewalk, parkway or walkway, and also to keep the parkway
free of debris.
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TBM/WP/ORD7702* •
• 13.76.10 Construction/Subdivision Requests,
Alteration or Removal of Structures Affecting Street Trees.
A. Permit Required - When the construction,
repair, alteration or removal of a structure necessitates
the.planting, trimming, pruning or removal of a street tree,
such work may be undertaken only upon the issuance of a
written permit by the Director and at the expense of the
applicant.
As a condition for the granting of a permit for the
removal of a street tree under this section, the applicant
shall replace the removed tree with a predetermined sized
tree as determined by the Director (replacement tree not to
exceed the value of removed tree), replacement either on the
same site or in an alternative location as approved by the
Director. Before the permit may be issued, the applicant
shall deposit adequate security (cash or bond) with the City
in an amount to cover the cost of replacing the tree. The
City may use the security to defray its cost of replacing
the tree if the applicant fails to do so within a reasonable
specified period of time. Such decisions may be appealed to
the Parks and Recreation Commission within 20 day of
notification.
1. Plantings Included In Building/
Subdivision Plans - Planting of street trees is to be
included in subdivision or building plans at the time of
application for a subdivision request or building permit and
street improvements.
(a) Conformity With Street Tree Program -
All subdivisions and other projects necessitating street
improvements shall include planting of official, approved
street trees within the adjacent parkways in conformity with
the Street Tree Program under the Director's supervision and
planting shall be adequately irrigated to insure tree
survival. Exceptions may be made if suitable landscape
plans are approved by the Director or Department of
Community Development.
(b) Development Planting Requirement
At the time of the Development Review Committee meeting it
is required that the planting of street trees be included in
all building plans that appear before the Department of
Community Development, and all related costs shall be borne
by the owner. The species shall be a specified on the
Master Street Tree List, and the Director may also designate
the number, spacing, and method of planting of such trees
and require the installation of root control barriers.
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TBM/WP/ORD770210
•
Adequate irrigation for parkway trees must be provided by
the owner/subdivider. Exceptions may be made if other more
suitable landscape plans are approved by the Director of
Community Development.
(c) Street Imorovement - Any change in
public street improvement requiring removal of street trees
shall require provision for replacement upon the
recommendation of the Director. Such replacement shall be
the variety specified on the adopted Master Street Tree List
and planted as required by the Director. Cost shall be
borne by the initiator of the action.
(d) Street Improvements: Integration Of
Plans - Proposed change in the direction or width of a
public street or proposed Street improvement shall, where
feasible, incorporate plans for installation of a parkway or
a tree planting area. Plans and specifications for planting
such areas shall be integrated into the general plan of
improvements and it shall be the duty of the City Engineer
to coordinate the design of such improvements with the
Director prior to the completion of final overall plans.
SECTION 2. That the City Clerk shall certify to the
adoption of this Ordinance and shall cause a summary of such
Ordinance to be published as provided by law.
PASSED, APPROVED AND ADOPTED this day of 19_
ATTEST:
0
CITY CLERK
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MAYOR
11
11
0
TEM/WP/ORD7702*
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
r�
I, , City Clerk of the City of
Santa Clarita, do hereby certify that the foregoing
Ordinance No. was duly adopted and passed at a
regular meeting of the City Council on the day of _
19_, by the following four-fifths vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
0"11C
CITY CLERK
TBM/WP/ORD77022 • • Version 2
• ORDINANCE NO. 90-15
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE AT CHAPTER
13.76 OF TITLE 13, RELATING TO PARKWAY
TREES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the Santa Clarita Municipal Code is hereby
amended at Chapter 13.76 to read as follows:
CHAPTER 13.76
PARKWAY TREES
13.76.01 Purpose Of Chapter and Findings
A. Purpose - This Chapter is adopted for the
purpose of establishing rules and regulations relating to
the planting, care, maintenance and removal of trees, shrubs
and any other plantings in public areas, rights-of-way and
easements, and relating to certain activities on private
property.
13.76.02 Definitions
The following definitions shall apply to this
Chapter.
A. "Conforming Tree" means an approved tree that
is included on the City's adopted Master Street Tree List,
planted and grown in accordance with the Street Tree
Program.
B. "Director" means the Parks and Recreation
Director or the Parks and Recreation Director's designee.
C. "Even -aged" means those trees of similar
species, or of different species with similar lifespan, all
of which were planted at approximately the same time and are
likely to decline simultaneously.
D. "Historic Planting" means any tree, shrub or
other plant within the City on either public or private
property which has been found to be of notable historic
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TBM/WP/ORD77020
i
• interest and so designated by Resolution of the City
Council.
CI
E. "Maintain" or "Maintenance" means and includes
pruning, spraying, root pruning, mulching, fertilizing,
cultivating, supporting, treating for disease or injury,
promoting public safety, or other similar act which promotes
the life, growth, health or beauty of any planting on public
property.
F. "Monocultures" means single species plants,
whether or not even-aged,—which can intensify problems of
disease susceptibility and/or insect infestation.
G. "Official Planting" means any tree, shrub or
other plant which has been planted in accordance with the
Street Tree Program.
H. "Park Tree" means any trees, shrubs, bushes
and all other woody vegetation in public parks having
individual names, and all areas.owned by the City or to
which the public has free access as a park.
I. "Parkway" means that portion of a public
street which is not improved for actual street, curb, gutter
or sidewalk use and which is.available for planting and
maintaining street trees.
J. "Private Tree" means any tree, shrub or other
plant which is not a street tree, and which is located on
private property.
K. "Property Owner" means the legal owner of any
real property facing on any street of the City, and any
lessee of such owner.
L. "Protected Tree" means any tree in one or more
of the following categories which are to be protected and
preserved as long -as possible, and so designated by
resolution of the City Council. Trees are as follows:
1. "Exceptional Specimen Tree" means a tree
considered an outstanding specimen of its species by reason
of age, rarity, location, size, aesthetic quality, endemic
status, or unique character, and so designated by resolution
of the City Council.
2. "Habitat Tree" means a tree (or any group
of trees) which has special importance as a wildlife
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TBM/WP/ORD77020
\J
habitat, and so designated by resolution of the City
Council.
3. "Historic Tree" shall mean a living tree
in association with some event or person of historical
significance to the community or because of special due to
size, condition or aesthetic qualities, and so designated by
resolution of the City Council.
4. "Indigenous Tree" means a tree which
occurs naturally in the City of Santa Clarita, and so
designated by resolution of the City Council.
M. "Pruning", "Trimming" or "Thinning" means
methods to control the height and spread of a tree, lessen
the wind resistance, preserve its health and appearance,
produce fuller branching and shaping, aid in disease
prevention by allowing more light and air passage within,
and make adjustments which will increase its longevity in an
urban environment.
N. "Public Area" means any park, playground, or
area around public buildings, public parking lots, and all
other areas under the supervision and control of the City,
not including any public street.
O. "Public Nuisance" means trees or other
plantings that cause an unsafe, hazardous condition over, on
or around public areas, parkways or roadways. Including but
not limited to: transferring of uncontrollable tree
diseases, unsafe vehicle sight visibility, utility damage,
public improvement damage, unsafe tree parts, excess limb
weight, and vine growth onto public areas, parkway trees or
utilities.
P. "Public Street" means and includes every way
set apart for public travel or use in the City, including
any area available for use as a City street, road, avenue,
boulevard, lane, alley, parkway, planting strip, curb,
gutter or sidewalk.owned by the City in fee or as an
easement or right-of-way for public use.
Q. "Root Barrier" means any number of devices,
materials or methods --of or redirecting the root
systems of trees away from the surface of the ground in
order to-prevent.or minimize root damage to adjacent
concrete or asphalt public improvements, or to nearby
utilities or structures, and to so control growth of tree
root systems as to assure more deeply rooted and firmly
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TBM/WP/ORD77026
® anchored trees which are better able to .withstand strong
winds.
r 1
LJ
R. "R�be
ot Pruning" means cutting back tree roots
where they may damalting curbs, gutters, sidewalks,
driveways, and ssibly sewer and water lines or other
utilities in an attempt to prevent further damage, undertake
necessary concrete repair work, all in the interest of
saving trees versus removals.
S. "Specimen Tree" means any tree which.has been
so designated by resolution of the City Council as having a
high degree of value due to its type, age, size,
conformation or location.
T. "Street Tree" means any tree growing in
parkways within thCity.
U• "Street Tree Pr
in relation to o ram" - Management practices
arboriculture industry standards of tree
maintenance, including pruning, fertilization, pest and
disease control, planting, watering, removing and recycling
of trees.
V. "Temporary Tree" or "Interim Tree" means a
short term, usually fast-growing andd ine�e species
which would occupy certain planting sites until it is time
to plant the next generation of the chosen species, enabling
scheduled tree replacement to be so staged as to allow
several generations of trees to be present at all times to
prevent the required minimum canopy coverage.
W. To in "Heading", "Stubbing" and
"Pollardinq" means relatively severe types of pruning which
usually produce less desirable results than more moderate
pruning with respect to a tree's natural form, and which
should be used sparingly and only when considered necessary
to eliminate hazards to human life or private property.
X. "Tree" means any woody plant, including a
palm, which has the.potential of attaining a minimum height
Of fifteen feet and has a canopy.of foliage borne normally
by a single trunk.
Y. "Tree Well" means a planting areafoundin an
otherwise paved public Street and is included.in the
definition of parkway.
"UrbanZ. " means
and non indigenous plantings vcreating taeecology
forestinotheahuman
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TBM/WP/ORD77026
living environment, and emphasizing the practice of wise
professional planned management of all tree resources within
an urban area including trees in public streets, public
areas, and on private property to provide for multiple use
benefits for the general well-being of the entire community.
13.76.03 Street Trees Property of City. All trees
and shrubs planted or existing in the City's street, park,
public right-of-way or easement or other public place within
the City limits and so considered and/or dedicated as City
property, is the property of the City.
13.76.04 Authority of City/Director.
A. Authority Over Street Trees - The City shall
have control of all street trees, shrubs and other plantings
now or hereafter in any street, park, public right-of-way or
easement, or other public place within the City limits, and
shall have the power to plant, care for, maintain, remove,
and replace such trees, shrubs and other plantings.
B. Responsibility of Director - The Director has
the responsibility for the inspection, maintenance, removal,
Planting and replacement of all trees within the City's
streets, parks, public right-of-way, easement, or other
• public place within the City .limits. The Director shall
plan, administer, control and regulate the tree program of
the City.
1. Protected Trees - This Chapter is
intended to give, and gives, full and complete authority to
the Director over all protected trees existing or hereafter
to be planted and grown upon any and all public streets and
public areas in the City. Protected trees are so designated
by resolution of the City Council.
C. Authority Over
nt Projects
There is hereby established a "parkway tree
influence area" which shall include all areas on private
property within five feet of any public parkway. In order
to eliminate competition of street tree landscape plans
versus private development site tree landscape plans, the
Director shall approve the proposed planting of trees on any
development project within the City. The approved project
tree landscape plan for trees within the parkway setback
influence area shall be compatible, within the opinion of
the Director, with the City street tree landscape plan. The
Director shall have no authority to set conditions on any
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TBM/WP/ORD770220
•
aspect of tree planting or selection beyond the parkway
setback influence.
D. Authority Over Trees Beyond Parkwa
er
1. Unsafe Conditions -Prohibited. No person,
whether the same be the owner, agent or person in control of
any inhabited or uninhabited lot, piece or parcel of land
within the City shall maintain such premises or allow the
same to be maintained in a condition in which trees exist on
said premises, which constitute a fire hazard or which may
provide a refuge for rats or vermin, or may produce pollen
which is injurious to the health, safety or welfare of
residents in the vicinity, or which otherwise is dangerous
or injurious to neighboring property or the health or
welfare of residents in the vicinity or to the dedicated
parkway and street areas. The existence of any condition
prohibited by this section is declared to be a public
nuisance.
2. Unsafe Condition. Whenever the Director
shall find that a condition prohibited by this subsection D
exists on any lot, piece or parcel of land, the Director
shall give notice to remove such trees or otherwise correct
the violation.
3. Appeal. Within 10 days from the date of
the notice, the owner or any other person interested in the
property, land, or lots affected by such notice shall appeal
to the Parks and Recreation Commission from the
determination of the Director. Such appeal shall be in
writing, shall state the objections, and the name and
address of the person filing the appeal. The appeal shall
be filed with the City Clerk and presented to the Parks and
Recreation Commission at the next available meeting. The
determination of the Parks and Recreation Commission shall
be appealable to the City Council, which decision shall be
final and conclusive.
13.76.05.Permits, General
A. Permits - Street Trees
1. Permit Required for Planting, Removin ,
or Maintenance - Whenever a property owner desires to plant,
prune, trim, root prune or remove trees planted in a parkway
or public area, an application shall be filed with the
Director for a permit to take such actions. If the Director
finds that such action is to the advantage of a tree, or
0 - 6 -
TBM/WP/ORD77020 •
removal is imperative due to safety considerations, and upon
the approval of the City arborist, a permit may be issued,
but only for such work that will not create, continue or
aggravate any hazardous condition or public nuisance, will
not prevent or interfere with the growth, location or
planting of approved street trees, and is consistent with
the Street Tree Program. The Director may waive the permit
requirements for minor trimming or pruning activities, such
as the removal of palm fronds.
B. Permit Revocation and Other Requirements
1. Permit Denied - If a permit is denied, a
written denial shall be given the applicant stating the
reasons. Such decisions may be appealed to the Parks and
Recreation Commission within 20 days of written denial.
2. Permit Revocation - Work undertaken by
the permittee or his agent may be stopped immediately and
the permittee's permit may be revoked by verbal presentation
or written order of revocation by the Director when, in the
Director's opinion, the program of work or conditions
outlined in the permit are not being complied with. Such
revocations may be appealed to the Parks and Recreation
• Commission within 20 days of revocation.
3. One Permit - If a person obtains a
building permit or other permit from the City and street
work is required or authorized under that permit, the person
need not obtain a separate.street tree permit. Under the
general supervision of the Director, the appropriate
department shall supervise street work performed under a
permit issued by that department. However, it will be
required of developers or contractors to notify the City
Parks and Recreation Department of the types, quantities and
sites of trees planted. This information will be used for
the purpose of updating the City's tree inventory. This
chapter applies to "tree planting" only; all other work is
subject to the permit issuance provision of this section.
C�
4. Bond - If, in the judgment of the
Director, the nature, extent or benefit to the public health
or safety of any proposed work is considered significant, as
a condition of the issuance of any permit the posting of a
bond may be required guaranteeing the completion of such
work to the satisfaction of the Director. The bond amount
will be 100% of actual job value.
5. Insurance Requirements - Any person, firm
or corporation engaged in the business of maintaining or
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"BM/WP/ORD77022
e 0
removing City trees shall carry public liability and
Property damage insurance in an amount to be determined by
be jthe Cled ity Council and policies or certificates thereof shall
certificate Of t
he City Clerk
ofself-insurance shall constitute compliance
An indemnity agreement and
with this requirement for regulated public utilities.
e
business C. a Permits - Utilities
public utilit - Any Person doing
the Public Utilities Commissionbofctheothe State of California
and any constituted jurisdiction of
providing utilit public agency authorized to provide and
one year from the datelce shall be Of.issuance issued a permit valid for
Persons) or its authorized contracterrtottrim such
or Perform other acts, except removal, with res prune, brace
growing on parkways or on public areas of the City
to trees
necessary to comply with the safety regulations of said
Commission and as may be necessaryy.as may be
operation of its business. a to maintain the safe
under. the above Before any tree is removed,
the Director, provisions, a permit must be obtained from
13.76.08. In anemergency,are exempted pursuant to
Public utility g y, trees may be removed by the
Public utilityewithout a permit pursuant to California
1ssion Rule 35, of California General
Order 95, when deemed necessaryb
y the public utility.
DirerD. A eals from Discretionar Decisions b
- Any person excepting to.
the denial, suspension,
revocation or. award of a the
to any administrative decision tmadelbydthe rDirector,pifsthe
t
denial, suspension, revocation .or award of the permit or
determination of such administrative decision involves the
exercise of administrative discretion or personal
exercised pursuant to the provisions of this ordinance, may
appeal in writing to the Parks judgment
filing with the City Clerk a writtenenoticeoofCsuchssion by
appeal. No .app
deceal may be taken to any such administrative
ision made by any official acting on behalf of the
Director unless such decision to appealhas been first.taken
up with
tthe
Director, and such official has not adjusted the
to the Parks and PRecreation aCommission�from anNO yhadministra-
tive decision made b appeal
provisions of this ordinancershall ector existawhen o any
is ministerial and thus does not involve the exercise of
administrative such decision
discretion or a personal judgment exercised
Pursuant to any of the. provisions of this ordinance
the administrative decision involves the denial, suspension,
revocation or award of a � whether
Permit or any other administrative
MWME
TBM/WP/ORD770220
9)
decision. The decision of the Park & Rec Com_miccion may be
appealed to the City Council pursuant to section 2.04.060.
13.76.06 Prohibitions and Penalties.
A. Interference With Work Or Enforcement
1. No person shall interfere with or cause
any person to interfere with any work being done under the
provisions of this Chapter by the Director or any employee
of the City, or by any person or firm doing work on a
contract basis for the City or under a permit granted by the
City, nor interfere with or cause any person to interfere
with or delay the authorized representatives of the City
from the execution and enforcement of this Chapter, except
as provided by law.
2. No person shall interfere with, or cause
anyone to interfere with or damage adjacent structures,
facilities, or utilities while removing, trimming, or
cutting any street trees. The owner of such facilities
shall be notified when such work may interfere with or cause
damage to the facilities. The cost of repair of the damage
to adjacent structures, facilities, or utilities shall be
the responsibility of the person, firm or corporation doing
or causing the work to be done and shall restore damaged
areas to previous conditions.
S. Non -permitted Plantings - No person shall
plant or install in a parkway or public area unless
otherwise permitted by the Director a nonconforming tree,
trees that the canopy or root system competes with parkway
trees, or trees that cause a public nuisance.
C. Unlawful Damage - No person shall cause any
unlawful damage to any street tree, by injuring, defacing,
breaking, abusing, killing or destroying by any means any
street tree including, but not limited to, the following:
1. Constructing a sidewalk or driveway or
otherwise filing up the ground in the vicinity of any street
tree so as to shut off air or water from its roots.
2. Constructing or maintaining of a stone,
cement or other substance so that it impedes the free access
of water or air to a street tree.
NOTE: At least twelve square feet of open ground shall be
maintained around a street tree unless the Director
specifically permits otherwise.
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TBM/WP/ORD7702* 0
3. Planting, placing or constructing of
shrubs, trees, flowers, vines, fences, rocks, gravel, signs,
stakes or other substance or objects, except watering basins
for young trees and temporary protection for newly planted
lawns, or cause or create conditions of uneven ground, holes
or other hazards, in a parkway that will cause damage or
interference with normal growth and maintenance of street
trees.
4. Piling building materials, equipment, or
other substance around any street tree, 12 square feet
clearance must be maintained.
5. Pouring or applying any gaseous, liquid
or solid deleterious matter or substance on any street tree
or on the ground near any street tree.
6. Posting of signs, posters, notices,
leaflets, handbills, or other printed material or object on,
or fastening guy wire, cable, rope, nails, screws or other
device to street tree, tree stake or guard.
7. Causing or encouraging any fire or
burning near or around any street tree.
8. Using of mechanical weeding device
against a street tree, damaging the bark and cambium
tissues.
9. Constructing retaining walls, fences, or
other similar improvements which prohibit the planting or
maintenance of street trees or otherwise affect their
growth.
10. Operating equipment in such a manner
causing contact with a street tree.
11. Disrupting the anchorage of, or changing
the grade around, street trees.
12. Cutting into the trunk area of a tree.
13. Tree Topping - Heading, stubbing and
pollarding as defined under definitions of this ordinance is
prohibited. Upon Director approval topping may be
considered where necessary to eliminate public nuisances,
hazards to human life or private property.
14. Root Damage - Persons excavating,
trenching, or otherwise engaged in subsurface activity
- 10 -
TBM/WP/ORD770220 •
within any public area, parkway or roadway shall not remove
or detach the root system of trees that would amount to 1/4
of said trees root system and/or remove or detach major
anchorage roots that may leave trees unsafe. Other
alternatives may be deemed necessary by the Director in the
attempts to maintain the health and safety of considered
trees.
D. Non -Permitted Parkwav Lines or Obiects
Domestic non -permitted lines or objects in City parkways,
such as sprinkler irrigation lines, water drain pipes or
landscape dressings, such as loose bricks, ground cover,
plantings or any decorative item shall be removed by
adjacent property owner 72 hours prior to subsurface tree
activity performed or caused to be performed by.the City. A
minimum of two weeks notice shall be given to the adjacent
property owner prior to such activity. The City or its
agent shall not be held responsible for damage to any such
non-permitted.underground facilities.
E. Damage To Tree(s) - Civil Penalties - It shall
be unlawful for person(s) to cause damage to tree(s)
pursuant to this chapter by any act or omission, whenever
such act or omission is prohibited by or not authorized by
• this Chapter. Accidental, willful injury, disfigurement or
destruction of any public tree(s) shall be a violation of
this Chapter.
In addition to.any criminal penalty, the violator
will be charged for all replacement or repair costs in an
amount equal to cost of replacing the tree with a tree of
similar size, including labor and administrative costs.
Such costs shall be determined by the Director.
F. Criminal Violation. Multiple Violations.
1. Infraction. Any violation of any
provision of this ordinance shall be an infraction, unless
stated otherwise. Any person convicted.of.an infraction
under the provisions of this ordinance shall be punishable
for a first conviction by a fine of not more than $250 and
for a second conviction within a period of one year by a
fine of $500.
2. Multiple infractions - Misdemeanor. Any
person convicted of aninfraction under the provisions of
this ordinance for a third time within a period of one year
shall be guilty of a misdemeanor and shall be punishable by
a fine of not more than $1,000 or by imprisonment in the
•
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TBM/WP/ORD7702V •
county jail for a period note exceeding six months, or -by
both such fine and imprisonment.
3. Each Tree.Constitutes One Violation -
Damage to any one tree constitutes a separate violation
under this chapter for purposes of both criminal and civil
penalties.
13.76.07 Criteria For Removal of Trees.
A. Criteria for Removal - Subject to the
provisions of this Chapter, the Director shall be
responsible for inspection, maintenance, removal and
replacement of street trees, and may cause street trees to
be removed by the City if they are deemed by the Director to
be unhealthy, hazardous, undesirable, or causing excessive
damage to existing public improvements or other street
trees. Acceptable reasons for any removal of a tree shall
include, but not be limited to, the following conditions of
the tree or trees:
1. Dead - where all active tissues are no
longer alive.
2. Dying, decayed or hazardous, or so
weakened by age, disease, storm, fire, excavation, removal
of adjacent trees, or any injury so as to cause imminent
danger to persons or property.
3. Diseased beyond reclamation, or the
condition of which is a source of present danger to healthy
trees in the immediate vicinity.
4. In dangerous proximity to existing
structures, facilities or utilities and where it is not
feasible to relocate structure, facilities or utilities.
5. Constituting a.hazard to property or
persons using the adjoining streets.
6. Because of its root system, causing
excessive damage to curbs, gutters, sidewalks or driveways.
7. Obstructing proposed improvements so as
to restrict economic enjoyment of the adjacent property,
including the construction or safe use of a driveway or
parking space for which a permit has been issued unless such
tree has been designated a protected tree.
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TSM/WP/ORD770220
L
• 8. Crowded by other trees, and good
horticultural practices dictate removal of some trees.
9. Otherwise healthy, but the removal of
which is considered desirable because it is a proven
nuisance species and/or in order to achieve a properly
staged tree replacement schedule which enable several
generations of trees to exist simultaneously.
0
10. Trees so located that can fall into
public utility crossing spans, or into any spans, that could
communicate trouble to crossing spans, pursuant to the
requirement of Rule 35 of the California Public Utilities
Commission's General Order 95.
B. Removal of Private Trees Or Other Plants By
City - If it is determined by the Director that unsafe trees
or plant material exists on private property and that unsafe
trees or plant material encroaches onto public area or
right-of-way and public safety is at risk, the Director
shall order the owner of such tree or plant to remove the
unsafe trees or plant material at the owner's expense.
Removal(s) will be required within a time period set forth
by the Director. If property owner fails to remove the
unsafe material within the time period given, the Director
will remove said material and all charges for removals,
including administrative costs, will be charged to the
owner. Owner may appeal such decisions within 10 days after
notification. Appeals shall be directed to the Parks and
Recreation Commission.
C. Removal of Stumps - When trees are removed,
all stumps including underground portions shall be removed
to a depth specified by the Director.
13.76.08 Duty of Utility To Protect Trees.
A. Duty To Prevent Damage - it shall be the duty
of any person owning or operating any utilities within any
public street (including, but not limited to, water, sewer,
electrical, gas, telephone and cable television services) to
maintain such utilities in a manner to prevent damage to
street trees.
1. Utility Protection of Trees - During the
construction, repair, alteration, removal or moving of any
facility or utility, good and sufficient guards shall be
placed to prevent injury, damage or defacement to any street
tree in the vicinity of such operation. Parkways which are
damaged by construction or other act shall be returned to
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TBM/WP/ORD7702 0
•
their original condition by the.person, persons or firm
causing such damage, or shall bear the cost of such action,
including legal and administrative costs.
2. Utility Company Pruning of Trees - When
doing routine pruning of street trees to maintain clearance
from utility lines, the utility company shall annually
inform the Director where trees are to be pruned. All
pruning work shall follow proper arboricultural practices as
approved by the Director.
3. Emergency - In an emergency when a street
tree is interfering and interrupting service, a public
utility company providing gas, water, sewer, electricity,
telephone, telegraph or cable television service may trim or
remove branches of trees to the extent necessary to restore
service and protect its facilities. If the emergency
removal of a street tree is necessary and public safety is
at risk, only then will it be acceptable to remove said
tree(s) to restore or prevent disruption of utility service.
4. Prevention of Utilities Not Intended -
This section shall not prevent persons, firms or public
utilities from installing and maintaining structures,
facilities or utilities lawfully on, over or under public
streets, subject to other provisions of this Code as may
apply. The Director when maintaining or removing street
trees, shall consider the effect upon existing overhead
wires or underground pipes or conduits in order to avoid any
unnecessary disturbance to or relocation of such facilities,
in accordance with the Street Tree Program.
13.76.09 Duty of Property Owner To Maintain Street
and Private Trees.
A. Property Owners Responsibility In Parkway -
With the exception of pruning and trimming, property owners
are responsible for the proper maintenance of parkways
abutting their property. Such maintenance shall include
watering, keeping the parkways free from weeds or other
obstructions harmful to public safety maintaining such areas
in a neat, clean, orderly manner.
B. Property Owners Responsibility For Private
Trees - Notwithstanding other provisions of this Chapter, it
is hereby made the duty of every person owning or occupying
any land or lots of land within the City to keep all private
trees which extend over any public street trimmed up to a
height of not less than fourteen feet, except that a height
of not less than eight feet shall be permitted over a
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sidewalk, parkway or walkway, and also to keep the parkway
free of debris.
13.76.10 Construction/Subdivision Requests,
Alteration or Removal of Structures Affecting Street Trees.
A. Permit Required - When the construction,
repair, alteration or removal of a structure necessitates
the planting, trimming, pruning or removal of a street tree,
such work may be undertaken only upon the issuance of a
written permit by the Director and.at the expense of the
applicant.
As a condition for the granting of a permit for the
removal of a street tree under this section, the applicant
shall replace the removed tree with a predetermined sized
tree as determined by the Director (replacement tree not to
exceed the value of. removed tree), replacement either on the
same site or in an alternative location as approved by the
Director. Before the permit may be issued, the applicant
shall deposit adequate security (cash or bond) with the City
in an amount to cover the cost of replacing the tree. The
City may use the security to defray its cost of replacing
the tree if the applicant fails to do so within a reasonable
specified period of time. Such decisions may be appealed to
the Parks and Recreation Commission within 20 day of
notification.
1. Plantings Included In Building/
Subdivision Plans - Planting of street trees is to be
included in subdivision or building plans at the time of
application for a subdivision request or building permit and
street improvements.
(a) Conformity With Street Tree Program -
All subdivisions and other projects necessitating street
improvements shall include planting of official, approved
street trees within the adjacent parkways in conformity with
the Street Tree Program under the Director's supervision and
planting shall be adequately irrigated to A nsure tree
survival. Exceptions may be made if suitable landscape
plans are approved by the Director or Department of
Community Development.
(b) Development Planting Requirement -
At the time of the Development Review Committee meeting it
is required that the planting of street trees be included in
all building plans that appear before the Department of
Community Development, and all related costs shall be borne
by the owner. The species shall be a specified on the
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Master Street Tree List, and the Director may also designate
the number, spacing, and method of planting of such trees
and require the installation of root control barriers.
Adequate irrigation for parkway trees must be provided by
the owner/subdivider. Exceptions may be made if other more
suitable landscape plans are approved by the Director of
Community Development.
(c) Street Improvement - Any change in
public street improvement requiring removal of street trees
shall require provision for replacement upon the
recommendation of the Director. Such replacement shall be
the variety specified on the adopted Master Street Tree List
and planted as required by the Director. Cost shall be
borne by the initiator of the action.
(d) Street Improvements: Integration Of
Plans - Proposed change in the direction or width of a
public street or proposed Street improvement shall, where
feasible, incorporate plans for installation of a parkway or
a tree planting area. Plans and specifications for planting
such areas shall be integrated into the general plan of
improvements and it shall be the duty of the City Engineer
to coordinate the design of such improvements with the
Director prior to the completion of final overall plans.
SECTION 2. That the City Clerk shall certify to the
adoption of this Ordinance and shall cause a summary of such
Ordinance to be published as provided by law.
PASSED, APPROVED AND ADOPTED this _ day of 19_
ATTEST:
0
CITY CLERK
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TBM/WP/ORD7702V 46
• STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, , City Clerk of the City of
Santa Clarita, do hereby certify that the foregoing
Ordinance No. was duly adopted and passed at a
regular meeting of the City Council on the day of
19_, by the following four-fifths vote, to
wit:
AYES: COUNCILMEMBERS:
0 NOES: COUNCILMEMBERS:
i
ABSENT: COUNCILMEMBERS:
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CITY CLERK
4 46
Attachment C
• 13.76.07 Criteria For Removal Of Trees
A. 11. A tree removal permit may be issued to a property at the
discretion of the Director. All costs for tree removal permit and actual
removal are to be borne by the property owner. In addition, the property
owner is to replace the removed tree by a predetermined boxed size tree. Type
and location of tree to be planted is determined by the City arborist. City
specifications for removal and planting must be followed by the property
owner. Property owners are to guarantee survivability of newly planted
tree(s) for a period of no less than one year after planting. A tree desired
for removal that has an aggregate maximum value of less than $2,488 shall be
replaced by 2-24" boxed trees. A tree desired for removal that has an
aggregate maximum value of more than $2,488 shall be replaced by one 36" boxed
tree. Tree value approximation to be determined by the sixth edition of the
International Society of Arboriculture Guide for Establishing Values of Trees
and other Plants.
0
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