HomeMy WebLinkAbout1991-11-12 - ORDINANCES - AMEND MUNICODE PKWY TREE (2)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/Responsibility 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 between the 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 prune or
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:
"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 (141) 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:
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 12thday of November , 19-9-1.
MAYOR
ATTEST:
CITY C ERR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Donna M. Gri ndey City Clerk of the City of Santa
Clarita, do hereby certify that the foregoing Ordinance No. 91-4_5_ was
r--• regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 22nd day of Octoher , 194L.
That thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 12th day of Novpmhpr 194L,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Darcy, Heidt, Klajic, McKeon, Boyer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None