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HomeMy WebLinkAbout1991-10-22 - AGENDA REPORTS - PKWY TREE INFLUNCE ORD (2)AGENDA REPORT City Manager' Item to be presented NEW BUSINESS DATE: October 22, 1991 SUBJECT: Parkway Tree Influence Ordinance Amendment to Municipal Code, Chapter 13.76 DEPARTMENT: Parks and Recreation BACKGROUND Several months ago the City Council had requested staff to amend our existing tree ordinance. The amendment would protect existing trees and future planting of trees within a 5 foot area adjacent to public right-of-way. The City Council had several concerns about the development of what we call a "Parkway Tree Influence Area." They are as follows: A Parkway Tree Influence Area (PTIA) should be limited to major arterial roads, commercial. industrial zoned lots, whether lots are developed or undeveloped. Residential areas are to be excluded from a PTIA. Some discussion was mentioned limiting a PTIA to the 5' area adjacent to a public right-of-way. Staff then drafted a PTIA for Parks and Recreation Commission's review. Review of the draft amendment led to recommendations by the Parks and Recreation Commission which are as follows. The PTIA should specifically include several major arterial streets. • Property owners shall continue to remain responsible for maintenance.and care of trees within a PTIA. . Property owners would- assume all liability for private property within a PTIA. (Does not include public right-of-way trees). . Institute no fees to applicants of City -issued permits for tree work needed on private property within a PTIA. Require no permits for emergency tree service within a PTIA. Require no- permits for minor trimming activities such as removal of palm fronds and sucker growth within a PTIA. Staff and the City Attorney's office compiled all the above information and constructed a second draft PTIA. One change that staff has made with the approval of the Parks and R creation Commission is the width of a PTIA. Agenda IteM. The City Council initially targeted a 5' wide PTIA adjacent to a public right-of-way. Staff has since changed the PTIA to a constant 141area measured from roadway (paved surface), outward. There are two reasons for doing so. One, the variance in public right-of-way widths; measured from the face of curb towards private property, is anywhere from 2' to 16'wide. The inconsistent right of way widths with the added on 5' PTIA would leave us with a situation of either having too little tree protection area or too much. For example, if, at one point, a major highway has a 2' wide public right-of-way and a 5' PTIA is added on,. we would have only gained a total of 7' tree protection area. Whereas, on the other hand, if a 16' public right-of-way gains a 5' PTIA then we would have gained an excessive tree protection area of 21'. The second reason is.that an exhorbitant amount of staff time and money would be needed to map each individual lot along a proposed 5' PTIA. Remember, the public right-of-ways vary considerably; therefore, per our City Attorney's office, it will be necessary to map each individual lot showing the public right-of-way width with the additional proposed 5' PTIA. A constant 14' area measured from paved surface outward would eliminate the need for individual lot mapping. Another reason staff recommends a 14' wide PTIA is due to the reason that many valuable trees,such as those on Valencia Boulevard, are located 13' to -13 1/2' from the roadway. Staff has summarized the amending sections to Municipal Code 13.76 as follows: Section 1 - 13.76.04.C- 'Authority over Trees beyond the Parkway/Responsibility of Property Owner.' This section states that a PTIA is created within 14' of paved surface on major highways. A PTIA is established through Council Resolution. The purpose is to eliminate competition between City street. tree landscape plans and private property landscape plans; that a PTIA protects existing trees and future street tree plantings, whether on developed lots or undeveloped lots. The Director shall approve by permit the proposed planting,. pruning, and removal of trees within a PTIA. Private property owners shall remain responsible for maintenance and care and shall continue to assume all liabilities for private property within the PTIA. Section 2 - 13.76.05 A.2 'Permit required for planting, removing or maintenance of tree in Parkway Tree Influence Area.• This section states that an application for permit is required to perform tree service within a PTIA and that the City may waive the permit requirement, if determined by the Director that the action is to the advantage of a tree or surrounding circumstances. If pruning is requested, then a permit, if issued, will comply with high NAA standards of pruning. No permit will be required of a private property owner to.perform emergency tree service. Section 3 - 13.76.110 'Procedure for Establishing Parkway Tree . Influence Area' and 13.76.120 'Areas exempt from Parkway Tree Influence Ares.' This section states that City .Council, following an administrative hearing, may, establish by resolution a PTIA. Notice of the hearing shall be sent by mail to property owners whose property lies within the proposed PTIA. Property owners may offer testimony in favor or opposition to the proposed PTIA. Once a PTIA is established, the Council grants authority to the Director to conduct the .. necessary actions to implement the PTIA. Once again, this section mentions that property owners are responsible for maintenance and care and assume all liability for such private property within a PTIA. 13.786.120 exempts areas from a PTIA which include any portion of any parcel or lot zoned for residential use. Areas to be proposed for a PTIA are all major highways as indicated per City General Plan within the City limits only. It is recommended that the City Council introduce Ordinance No. 91-45, waive further reading and pass to second reading. ATTACHMENTS Ordinance No..91-45 Excerpt from City General Plan - Circulation Element, Major Highways (Draft Only). RM. -lc PROCOUNC:60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA'CLARITA, CALIFORNIA, AMENDING CHAPTER 2.12 OF THE SANTA CLARITA MUNICIPAL CODE RELATING TO THE DEPARTMENT OF FINANCE ORDINANCE NO. 91-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, ' CALIFORNIA, AMENDING THE MUNICIPAL CODE AT CHAPTER 13.76 RELATING TO THE PARKWAY TREE INFLUENCE AREA TO ADD SUBSECTIONS 13.76.04C AND 13.76.05A.2. AND SECTION 13.76.110 AND 13.76_120 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Santa Clarita Municipal Code is hereby amended to add subsection C. to section 13.76.04 to read as follows: "C.. Authority Over Trees Beyond the Parkway /Re snonsibility of Property Owner. There is hereby created a "Parkway Tree Influence Area" which shall, upon. City Council designation, include areas on private property within fourteen (14) feet of paved surface on any major .highway, as designated in the City of Santa Clarita,general plan. The City Council may establish such a Parkway Tree Influence Area by resolution pursuant to _sections 13.76.110 and 13.76.120. The purposes of the Parkway Tree Influence Area include to eliminate' competition -betweenthe City street tree landscaping plan and private development landscape„ plans, to protect existing trees outside of the right of way but within the Park way Tree Influence Area,. and to protect the Parkway Tree Influence Area on both developed and undeveloped lots for future street tree planting. The Director shall have the authority to approve, by permit, the proposed planting, pruning,- trimming, root pruning or removal of trees planted in the Parkway Tree Influence Area, as ,designated by the City Council. Following such a designation by the City Council, the private property owner shall remain responsible for the maintenance and care and shall continue to assume all liability for such private property within the Influence area." SECTION 2. Subsection 13.76.05 A.2. is hereby added to the Santa Clarita Municipal Code to read as follows: "2. 'Permit required for planting removing or ..maintenance of tree in Parkway Tree Influence Area. Whenever a property owner desires to plant, prune, trim, root pruneor remove trees planted in a Parkway Tree Influence Area, an application shall be filed with the Director for a permit to take such action. No permit fee shall be required by the City. If the Director finds that such action is to the advantage of a tree, and upon the review 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.' If major tree pruning is requested, the City permit shall require that the pruning comply with the standards of the City Arborist and the National Arborist Association Standards for pruning of shade trees. The City may waive the permit requirements for minor trimming or pruning activities, such as removal of palm fronds and sucker growth. Nothing in.this section 13.76.05 shall require a permit to conduct emergency work, including pruning, trimming or tree removal, when required to protect persons or property from immediately threats of harm or damage." SECTION 3. Section 13.76.110 and section 13.786.120 are hereby added to the Santa Clarita Municipal Code to. read as follows: - 2 - WPX/TSM/ORN125920 "13.76.110. Procedure for Establishing Parkway Tree Influence Area. The ' City Council may, following an administrative hearing, establish by resolution a "Parkway Tree Influence Area" for an area or areas within four -teen feet (14') and parallel to existing paved surface -on a major highway, as designated in the City of Santa Clarita General Plan. Following the hearing, if the Council finds that the parkway Tree Influence Area is necessary to eliminate competition between street tree landscape plans and private development landscape plans, to protect existing trees outside the right of way but within the Parkway Influence Area, to protect the Parkway Tree Influence Area on either developed or . undeveloped lots, or any similar purpose, the City Council shall adopt, by resolution, the ''Parkway Tree Influence Area. Notice of the hearing shall be sent by mail 20 days prior to such hearing to all property owners upon whose property the proposed Parkway Tree Influence Area would lie. The notice shall include the purpose of the hearing and the date and time of the hearing, and shall advise the property owner of his or her right to appear and offer testimony in favor or opposition to the establishment of the Parkway 'Tree Influence Area. In establishing the Parkway Tree Influence Area, the Council grants. authority to the Director to conduct all necessary actions, including consideration of permits, pursuant to this Chapter 13.76. Following. the designation of the Parkway Tree Influence Area, the private property owner shall remain responsible for the maintenance and care and shall continue to assume all liability for such private property within the Influence area." "13.76.120. Areas Exempt from Parkway Tree Influence Area. % Notwithstanding any provision of this Chapter 13.76, the City Council shall not include the following areas within a Parkway Tree Influence Area: -3- WPX/TSM/ORN125920 A. Any portion of any parcel or lot zoned for residential use." SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published As required by law. PASSED AND APPROVED this _ day of , 19_ MAYOR ATTEST: L CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF SANTA CLARITA ) I. I City Clerk of the City of Santa Clarita, do hereby certify. that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: -4- VPX/TBM/0RN125920 CITY CLERK SCREEN CHECK DRAFT ONLY NOT FINAL Circulation Element expressways are planned to accommodate, at a minimum, eight lanes of travel with very limited access. Major Highways' Major Highway roadways, the City's and planning area main commuter links, are intended to provide for the movement of large volumes of traffic between major traffic generating land uses, and between cities_ Major highways should be designed to carry a minimum of six lanes of traffic at relatively high speeds. On -street parking along the Major highways should be prohibited to maximize traffic flow. Curb -cuts, driveways and other intersections shall be limited wherever possible to also maximize traffic flow. The following roadways have been designated by the City of Santa Clarita as major highways: ■ Backer Road from Ridge Route to SR 126 ■ Bouquet Canyon Road from Magic Mountain Parkway to Vasquez Canyon Road ■ Copper Hill Drive from Rye Canyon Road to Bouquet Canyon Road ■ Golden Valley Road from SR 14 to SR 126 ■ Lake Hughes Road from Parker Road to Angeles National Forest boundary ■ Lost Canyon Road from Via Princessa to Sand Canyon Road ■ Lyons Avenue from The Old Road to Rio Vista Road ■ Magic Mountain Parkway from SR 126 to San Fernando Road ■ McBean Parkway from Pico Canyon Road to Copper Hill Drive City of Santa Clarita C-42 6/25/91 Circulation Element ■ Orchard Village Road from Lyons Avenue to McBean Parkway ■ Plum Canyon Road from Bouquet Canyon Road to Whites Canyon Road ■ Rio Vista Drive from SR 14 to Bouquet Canyon Road ■ Rye Canyon Road from The Old Road to Copper Bill Drive IN Sand Canyon Road from Placerita Canyon Road to Sierra Highway IN San Fernando Road from SR 14 to Magic Mountain Parkway ■ Sierra. Highway from SR -14 to north of Davenport Road ■ Soledad Canyon Road from Bouquet Canyon Road to cast of SR 14 ramps ■ The Old Road from McBean Parkway to Backer. Road and south of i Calgrove Boulevard ■ Valencia Boulevard from Pico Canyon Road to Bouquet Canyon Road ■ Vasquez Canyon Road from Bouquet Canyon Road to Sierra Highway ■ Via Princessa from Lost Canyon Road to San Fernando Road ■ Whites Canyon Road from Via Princessa to Plum Canyon Road ■ Wiley Canyon Road from Lyons Avenue to San Fernando Road As proposed, these streets are designated as six -lane,. divided roadways with no parking or bike lanes provided on -street. The standard design width of a major highway is usually 104' to 114' from edge of right-of-way to edge of right-of-way. There are only two exceptions to this condition. The first is Sand Canyon Road, south of Lost Canyon Road, where trail easements and related circulation conditions warrant additional travel lanes but where only two lanes will be considered, and Bouquet Canyon Road (Soledad Canyon City of Santa. Clarita C-43 6/25/91