HomeMy Public PortalAboutOrd. 1648ORDINANCE NO. 1648
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
ORDINANCE RELATING TO PLANTING, PROTECTION AND REMOVAL OF
STREET TREES OF THE LYNWOOD MUNICIPAL CODE
WHEREAS, on April 3, 1984 City Council approved an Ordinance relating to
planting and removal of street trees; and
WHEREAS, the purpose of this amendment to the Ordinance is to recognize the
substantial economic, environmental and aesthetic importance of trees within the
community; and
WHEREAS, the goal of the proposed amendment to the Ordinance is to
preserve and grow Lynwood's tree canopy cover by protecting native and specimen
trees in specified areas of private property and expanding the protection to street trees
and other trees on public property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. Chapter 13 -2 of the Lynwood Municipal Code is hereby amended
by deleting the existing Chapter and adding the following, in its entirety:
Section 13 -2 PLANTING OR REMOVING TREES IN PARKWAYS
13 -2.1 Purpose
13 -2.2 Definitions
13 -2.3 Applicability
13 -2.4 City Engineer Responsibilities
13 -2.5 Tree Protection Guidelines
13 -2.6 Tree Planting in Residential Zoning
13 -2.7 Consultation Policy
13 -2.8 Traffic, Parking and Public Safety Commission
13 -2.9 Projection Policy
13 -2.10 Designation of Native, Specimen, and Landmark Trees
13 -2.11 Private Property Tree Removal and Landmark Tree Pruning
Permits; Issuance.
13 -2.12 Appeals
13 -2.13 Work on Public Trees
13 -2.14 Exemptions From Permit Requirement
13 -2.15 Prohibited Acts
13 -2.16 Sidewalk and Tree Repair
13 -2.17 Hazard — Private Property
13 -2.18 Projection of Trees During Improvements
13 -2.19 Attachment to Street Trees
13 -2.20 Interference
13 -2.21 Notice of Public Tree Removal
13 -2.22 Violation and Enforcement
13 -2.23 Disclaimer
13 -2.1 Purpose.
Lynwood contains thousands of mature trees that contribute long -term
aesthetic, environmental, and economic benefits to the City. Aesthetically,
trees offer dimensions in the form of color, shape, texture, scale and variety.
Mature trees are often integral components of many historic sites and their
presence contributes to the site's cultural and historic significance.
Environmental benefits derived by trees include the filtering of air pollutants;
increasing atmospheric oxygen levels; and reducing the negative effects of
solar glare. The biological diversity of wildlife and plant communities is
enhanced by the favorable conditions created by trees.
The economic benefits derived from trees include increased property values,
and additional revenue generated by businesses, visitors and new residents
attracted to the urban forest image of the City. Trees are a major capital
asset to the City and like any valuable asset they require appropriate care
and protection.
Therefore, it is the purpose of this ordinance to:
a. Preserve and grow the Lynwood tree canopy cover by protecting
landmark, native and specimen trees in specified areas of private
property and expanding the protection to street trees and trees on
public property.
b. Safeguard the City's urban forest by providing for the regulation of
the protection, planting, maintenance and removal of trees in the
City.
c. Protect the visual and aesthetic character of the City.
d. Improve and enhance property values by conserving and adding to
the distinctive and unique aesthetic character of the many areas of
Lynwood.
e. Improve the quality of life for residents, visitors and wildlife.
f. Create favorable conditions for the protection of designated
landmark, native and specimen trees, for the benefit of current and
future residents of Lynwood.
g. Maintain and enhance the general health, safety and welfare of the
City and its residents by assisting in counteracting air pollution and in
minimizing soil erosion and other related environmental damage.
h. Protect and maintain healthy trees in the land use planning
processes included in this new City tree and protection ordinance.
13 -2.2 Definitions.
For the purposes of this section, the following terms are defined as follows:
a. "City" shall mean the City of Lynwood.
b. "City Engineer" means the City engineer, or his or her designee.
c. "Established corner yard" means the area between the side property
line and the principal structure on a lot.
d. "Established front yard" means the area between the front property
line and the principal structure on a lot.
e. "Hazard" or "hazardous" means a tree, or part of the tree, that has
potential for failure and falling on a nearby object because of dead or
dying branches, roots or trunk.
f. "Injure" or "injury" means any act or omission which substantially
affects or seriously jeopardizes the health of a living tree, in the
determination of the City engineer.
g. "Landmark tree" means a tree designated as a landmark under
section 13 -2.9 of this ordinance as a tree of historic or cultural
significance and of importance to the community due to any of the
following factors: (i) it is one of the largest or oldest tree of the
species located on the City; (ii) it has historical significance due to an
association with a historic building, site, street, person or event; or
(iii) it is a defining landmark or significant outstanding feature of a
neighborhood.
h. "Located" or "location" of a tree means that place where any portion
of the trunk of a tree is found at natural grade.
i. "Maintain" or "maintenance" means pruning, trimming, spraying,
fertilizing, watering, threatening for disease or injury or any other
similar act which promotes growth, health, beauty and life of trees.
j. "Master street tree plan" means the comprehensive street tree plan
approved by the City Council, which lists the official street tree to be
planted or replaced for all street or section of street within the City.
k. "Median" or "traffic island" means a raised area within a street not
used for vehicular traffic.
I. "Multi- trunk" means any tree with multiple trunks attributed to a single
tree. Each trunk shall be measured a height of 4'/2 feet above natural
grade, and the combined diameters of the trunks shall be used to
determine the tree's size for the purposes of this ordinance.
m. "Native tree" means any tree with a trunk more than 8 inches in
diameter at a height of 4'/2 feet above natural grade that is one of the
following species: (i) Quercus Agrifolia (Coast Live Oak), (ii) Quercus
Chrysolepis (Canyon Oak), (iii) Quercus Engelmannii (Engelmann
Oak), (iv) Junglans Californica (California Walnut), or (v) Tristania
conferta (Brisbane Box).
n. "Official street tree" means an approved species of street tree
designated in the master street tree plan.
o. "Parkway" means the area between the sidewalk and the back of the
curb, or an area between the sidewalk and the area where the back
of the curb would ordinarily be located.
p. "Property owner" means the person listed as the owner in fee simple
of a lot or parcel with the office of county recorder or lawfully
exercising the power of the property owner with respect to said lot or
parcel.
q. "Pruning" means the removal of dead, dying, diseased, live
interfering, and weak branches according to the most recent
standards of the International Society of Arboriculture.
r. "Public benefit" means a public purpose, service or use which affects
residents as a community and not merely as particular individuals.
s. "Public trees" means a tree located in a place or area under
ownership or control of the City including but without limitation
streets, parkways, open space, parkland and including city owned
property under the operational control of another entity by virtue of a
lease, license, operating or other agreement. Trees which are 50% or
more within the public right -of -way, shall be considered city tree. This
measurement shall be taken at the base of the trunk at the ground
surface.
e. Develop maintenance standards for public trees.
f. Make determinations on public tree removal based upon tree reports
prepared by certified arborists, other relevant facts, and upon
established public tree removal criteria.
g. Review development and construction plans as they affect landmark,
native, public and specimen trees.
h. With respect to public tree issues, act as advisor to the Traffic
Parking, and Public Safety Commission of the city.
i. Prepare and submit the tree protection guidelines, and the specimen
tree list, and any revisions thereto to the City Council for adoption by
resolution.
j. Maintain a comprehensive inventory of public trees.
13 -2.5 Tree Protection Guidelines.
Tree protection guidelines are the standards and specifications for the
protection of trees under this section. The tree protection guidelines, and any
revision thereto, shall be effective as of the date of their adoption by
resolution of the City Council.
13 -2.6 Tree Planting in residential Zone
Within the residential areas, the City, on a case by case, may plant a tree
within the parkway at no cost to the resident. However, the tree must be
purchased by the owner or occupant of the property. In addition, prior to
purchasing the tree, the tree species, size and planting location must be
approved by the Public Works Department. If the tree is purchased by the
home owner or occupant without the prior approval of the department, the
City may not commit to planting the tree and all costs associated with the
purchase of the tree shall be at the expense of the owner of the property or
occupant.
Tree planting locations shall be inspected and reviewed by the Public Works
Department prior to its installation. Existing field condition may determine if a
tree can be planted within the parkway.
13 -2.7 Consultation Policy.
All departments, agencies and personnel of the City shall consult with the
Public Works Department prior to engaging in any action which would require
t. "Specimen tree" means any tree meeting the criteria established by
the resolution of the City council by species and size of tree which is
thereby presumed to possess distinctive form, size or age, to be an
outstanding specimen of a desirable form, size or age, to be an
outstanding specimen of a desirable species, and to warrant the
protections of this section.
u. "Street" means any public right of way regardless of whether it is
described as a street, avenue, road, boulevard, drive, lane, court,
place, alley, or by any other such designation.
v. "Street tree" means any public tree whose trunk is located primarily
within any parkway, street median, traffic island or other right of way
under the ownership or control of the City by easement, license, fee
title or other permissive grant of use.
13 -2.3 Applicability.
The protection of City of Lynwood trees shall apply as follows, unless
excepted by provisions of this section:
a. Native and specimen trees located in the City Parkways, established
front yard, required side yard, established corner yard, or required
rear yard of all property located in a single - family residential or
multifamily residential zone, and in all areas of all other zoning
districts within the City.
b. Landmark tree located at all places within the City.
c. Public trees located at all places within the City.
13 -2.4 City Engineer Responsibilities.
The City Engineer shall:
a. Authorize, by use of city employees, contractors or authorized
volunteers, the planting, maintenance, and removal of public trees.
b. Prepare an annual program for the planting, maintenance, and
removal of public trees.
c. Recommend to the City Council changes or additions to the Master
Street Tree Plan as needed.
d. Inspect the planting, maintenance and removal of all public trees.
the removal of, or which would otherwise substantially affected or seriously
jeopardize the health of, any existing public tree.
13 -2.8 Public Safety /Traffic and Parking Commission.
The Public Safety/Traffic and Parking Commission may be used to review,
advise and make recommendations to the City Council relating to the City's
tree planting, maintenance and removal practices and proposed amendments
to the master street tree plan. The City manager shall also act as the body
for hearing appeals under this Chapter 13 -2.
13 -2.9 Protection policy.
It shall be the policy of the City to protect and maintain mature and healthy
trees. Special consideration shall be afforded public, landmark, native and
specimen trees as set forth in this section.
13 -2.10 Designation of Native, Specimen, and Landmark Trees.
All trees meeting the definition of native or specimen trees in this section shall
be subject to the protection of this section, as of the effective date of this
ordinance.
Any person or city agency may propose to the Public Safety, Traffic, and
Parking Commission to designate a tree that meets the criteria set forth in
section 13 -2.2 as a landmark tree.
13 -2.11 Private Property Tree Removal and Landmark Tree Pruning
Permits; Issuance.
Landmark tree pruning. Any property owner desiring to prune a landmark tree
located on their property shall make an application to the City Engineer on a
form provided by the City to assure that the pruning shall be conducted to the
most recent standards of the International Society of Arboriculture.
a. Any permit or approval which will result in injury to or removal of a
landmark, native or specimen tree protected under this section shall
not be denied if any one of the following findings can be made:
(1) there is a public benefit, or a public health, safety or welfare
benefit, to the injury or removal that outweighs the protection of
the specific tree; or
(2) the present condition of the tree is such that it is not reasonably
likely to survive; or
(3) there is an objective feature of the tree that makes the tree
unsuitable for the protections of this section; or
(4) there would be a substantial hardship to a private property owner
in the enjoyment and use of real property if the injury or removal
is not permitted; or
(5) to not permit injury real property; or
a. the project, includes a landscape design plan which will result in a
tree canopy coverage of greater significance that the tree canopy
coverage of greater significance than the tree canopy coverage being
removed, within a reasonable time after completion of the project. In
addition, for removal of a landmark tree, any such permit or approval
shall be denied unless procedures specified for removal of landmark
trees
b. An application shall be granted, denied, or granted conditionally on
the date of the associated discretionary decision, or, if none, within
15 working days after a complete application is made. The approval
may be based on imposed conditions reasonably necessary to meet
the standards of this section.
c. Any appeal of the approval, conditional approval, or denial of the tree
pruning permit may be made to the Public Safety, Traffic, and
Parking Commission within ten (10) working days, in accordance with
section 13 -2.11.
13 -2.12 Appeals.
All actions and decisions of the City Engineer authorized by this section may
be appealed to the Public Safety, Traffic, and Parking Commission. All such
appeals shall be filed with the Commission secretary.
All administrative proceedings regarding notice, application procedures, fees,
and hearings for appeals shall be in accordance with the terms of Article 25-
100.
13 -2.13 Work on Public Trees.
No permits will be issued to any person or entity for pruning or removal of
public trees, and all pruning and removal of public trees shall be undertaken
by employees or contractors of the City. Any person desiring to initiate special
maintenance or removal of a public tree by the City, may make a written
request to the City Manager and pay the cost of service and replacement at
rates set by resolution of the City Council, should be request be granted. Any
such request will be considered based on the provisions of this section,
established public tree removal criteria, other ongoing public tree work and
available resources.
13 -2.14 Exemptions From Permit Requirement.
a. No permit is required to prune a native or specimen tree on private
property as long as the tree is not injured.
b. No permit is required to prune, injure or remove a tree that is not
explicitly protected by this section.
c. Where immediate action is required for the protection of life or
property, no permit is required to remove or to injure a landmark tree,
native tree, public tree or specimen tree which has been determined
to be hazardous, by the City Engineer or an arborist specialist, after
inspection of the tree.
d. No permit is required for city employees or contractors of the city to
prune, injure, or remove any native, specimen, landmark or public
tree in accordance with this section.
e. No permit is required to prune, injure or remove a tree on a project
for which a variance, conditional use permit or design review
approval has been obtained from the city prior to the effective date of
this section or for a project for which a valid building permit has been
lawfully issued by the city prior to the effective date of this ordinance.
13 -2.15 Prohibited acts.
The following are prohibited acts under this section unless expressly
exempted:
a. Landmark tree: To prune, or to remove without a permit, a landmark
tree located anywhere in the city.
b. Native tree: To injure or remove, without a permit, any native tree
located in the established front yard, required side yard, established
corner yard, or required rear yard of all property located in a single -
family residential and in all areas of all other zoning districts
anywhere in the city.
c. Public tree: To prune, to injure or to remove a public tree located
anywhere in the city.
d. Specimen tree: To injure, or to remove without a permit, any
specimen tree located in the established front yard, required side
yard, established corner yard, or required rear yard of all property
located in a single - family residential zone, and in all areas of all other
zoning districts anywhere in the City.
e. To plant a tree of a species other than an Official Street Tree
designated in the Master Street Tree Plan in a parkway, median or
traffic island, and a violator shall be subject to a civil penalty.
f. To fail to adhere to the terms and conditions of any permit issued
under this section.
g. To fail to adhere to the terms of any tree protection plan imposed as
a condition of any discretionary land use approval or development
agreement with the City.
13 -2.16 Sidewalk and Tree Repair.
The repair of sidewalks, curbs, gutters or street may create a need to prune
tree roots to the extent that the tree becomes damaged or unstable. When
this occurs, the City Engineer shall give consideration to the following in lieu
of action that may damage, destabilize or cause the removal of a tree:
a. To not make such improvement;
b. To displace the sidewalk laterally away from the tree trunk, either
locally for each tree, or uniformly along length of the street;
c. To displace the curb and gutter laterally into the paved roadway of
the street, either locally, or uniformly along a length of the street,
which in some cases may necessitate the prohibiting of street parking
of vehicles at all times, provided such displacement does not create
traffic hazard, or conditions adverse to proper street sweeping or
drainage;
d. To defer repairs with temporary asphalt patch to eliminate hazard;
e. To widen the parkway;
f. To relocate the sidewalk or curb;
g. To eliminate the sidewalk on one side of the street;
h. To raise the sidewalk.
13 -2.17 Hazard- Private Property.
It shall be unlawful and a violation of this section to allow any tree, shrub or
plant located primarily on private property to create a hazard or to create
danger or likelihood of harm to any public place, public area, parkway or
street or to public health, safety or welfare.
13 -2.18 Protection of Trees During Improvements.
During the construction, repair, alteration, relocation or removal of any
building, structure or accessory structure in the City, no person in control of
such work shall leave any landmark, native, specimen or public tree without
sufficient guards or protections to prevent injury to the landmark, native,
specimen or public tree, in connection with such construction, repair,
alteration, relocation, or removal and it shall be unlawful and a violation of this
section to do so.
13 -2.19 Attachment to Street Trees.
No person shall, without the written permission of the City Engineer, attach or
keep attached to any public tree, street tree, shrub or plant in any street, park
or other public place of the City, or to the guard or stake intended for the
protection there of, any wire, other device whatsoever.
13 -2.20 Interference.
No person shall interfere with any city employee or city contractor engaged in
planting, pruning, maintaining, or removing any tree while acting under this
section.
13 -2.21 Notice of Public Tree Removal.
The City Engineer shall give at least ten (10) days written notice to abutting
property owners prior to the removal of any public tree. No notice shall be
required to be given, however, if the public tree has been determined to be
hazardous under the standards in section 13 -2.16. In the event of a decision
under this section for the removal of 3 or more public trees in all areas, the
City engineer shall also notify the City Council, the commission and any
neighborhood organizations located in such area which are known.
13 -2.22 Violation and Enforcement.
A Violation of any provision of this ordinance shall be prosecuted per Chapter
1, section 1 -5 and Section 1 -6.
13 -2.23 Disclaimer.
Nothing contained in this section shall be deemed to impose any liability for
damages or a duty of care and maintenance upon the City, its officers or
employees, nor to relieve the owner of any private property from the duty to
keep any tree, shrub or plant upon any street tree area on his private property
or under his control in such condition as to prevent it from constituting a
hazard or an impediment to travel or vision upon any street, park, pleasure
ground, boulevard, alley or public place within the City. The person in
possession of public property or the owner of any private property shall have
a duty to keep the tree upon the property and under their control in a safe,
healthy condition."
Section 2. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance, or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this
ordinance or its application to other person or places. The City Council hereby declares
that it would have adopted this ordinance, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
section, subsections, subdivisions, sentences, clauses, phrases, or portions, or the
applications thereof to any person or place, be declared invalid or unconstitutional.
Section 3. The City Clerk is hereby directed to certify to the passage and
adoption of this Ordinance and to cause it to be published or posted as required by law.
First read at a regular meeting of the City Council held on the 6th day of September,
2011 and adopted and ordered published at a regular meeting of said Council held on
the 20th day of September, 2011.
PASSED, APPROVED, and ADOPTED this 20th day of September, 2011.
Aide Castro, Mayor
ATTEST:
FL WN..W..T, I�✓�
APPROVED AS TO FORM:
Fred Galante, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
APPROVED AS TO CONTENT:
G. Daniel Ojeda, P.E., bireUor of
Public Works /City Engineer
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 20th day of September, 2011.
AYES: COUNCIL MEMBERS FLORES, SANTILLAN -BEAS, MORTON AND
CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBER RODRIGUEZ
aria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1648 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 20th day of September, 2011.
aria Quinonez, City Clerk