HomeMy Public PortalAboutOrdinance 13-983ORDINANCE NO. 13 -983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, REPEALING AND REPLACING TITLE 3,
CHAPTER 4, ARTICLE D OF THE TEMPLE CITY MUNICIPAL CODE
RELATING TO TREE PRESERVATION AND PROTECTION.
WHEREAS, Title 3, Chapter 4, Article D of the Temple City Municipal Code governs "roadside trees"
and has not been amended since the City incorporated in 1960; and,
WHEREAS, the City wants to update the provisions of Title 3, Chapter 4, Article D to better reflect
current best practices and the desire to protect and preserve trees in public places; and,
WHEREAS, the Parks and Recreation Commission created an ad hoc committee to review Title
3, Chapter 4, Article D of the Temple City Municipal Code and provide recommended changes; and,
WHEREAS, this Ordinance is consistent with the recommendations provided by the Parks and
Recreation ad hoc committee,
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Repeal and Replacement of Title 3, Chapter 4, Article D of the Code.
Title 3, Chapter 4, Article D of the Temple City Municipal Code is hereby repealed and replaced,
and shall read as shown in Exhibit "A" hereto.
SECTION 2: Severability.
The City Council hereby declares that, should any provision, section, subsection, paragraph,
sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or
unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or portions of the
Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the
remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this
Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 3: Publication.
The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the
Mayor and shall cause the same to be published according to law.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption by the City Council.
PASSED, APPROVED, AND ADOPTED this id day of December 2013.
ATTEST:
hriffilrA111' J ■ A
City Cler City Attorney
APPROV AS T
RM:
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
13 -983 was introduced at the regular meeting of the City Council of the City of Temple City held on the 19th
day of November, 2013, and was duly passed, approved and adopted by said Council at the regular meeting
held on December 3rd, 2013 by the following vote:
AYES: Councilmember: Chavez, Vizcarra, Yu, Blum, Sternquist
NOES: Councilmember: None
ABSENT: Councilmember: None
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EXHIBIT "A"
TITLE 3. PUBLIC SAFETY
CHAPTER 4. STREETS AND SIDEWALKS
ARTICLE D. TREE PRESERVATION AND PROTECTION
3450. PURPOSE AND INTENT.
This article is adopted for the purpose of establishing policies, regulations and specifications relating to
the planting, care, maintenance and removal of trees, shrubs and any other plantings in public areas,
including rights -of -way and easements, and the maintenance of private trees that impact public areas.
These policies are necessary to govern installation, maintenance and preservation of trees to beautify the
city, to purify the air, to provide shade and wind protection, and to provide habitat for birds and other
animals.
It is the policy of the city to line its streets with trees and to conduct a consistent and adequate program
for maintaining and preserving these trees. It is the goal of this article to provide for planting trees in all
areas of the city and for selecting appropriate species to achieve as much beauty and economy as
possible. It is also the policy of the city to protect and preserve all desirable trees that are located on the
city's right -of -way.
3451. APPLICABILITY
This article provides full power and authority to the city over all trees, plants and shrubs located within
street rights -of -way, public parks and public areas of the city; and to trees and shrubs located on private
property that constitute a hazard or threat to the community at large.
3452. DEFINITIONS.
As used in this article, the following terms shall be defined as set forth herein:
COMMISSION: The Parks and Recreation Commission of the City of Temple City.
DIRECTOR: The city's director of Parks and Recreation or the person designated with responsibility for
the city's tree program.
DRIP LINE: A line which may be drawn on the ground around a tree directly under its outermost branch
tips which identifies the location where rainwater tends to drip from the tree.
EXCEPTIONAL SPECIMEN TREE: A tree considered an outstanding specimen of its species by reason
of age, rarity, location, size, aesthetic quality, endemic status, or unique character.
HAZARD or HAZARDOUS CONDITION: Any condition in a tree or shrub that poses a significant threat of
serious injury or harm to the public or considerable damage to real property.
MASTER TREE LIST: A document that specifies the species of trees suitable and desirable for planting
in certain public areas of the City in order to establish a diverse urban forest.
MAINTAIN or MAINTENANCE: The entire care of trees and shrubs
fertilizing, cultivating, trimming, treating for disease or injury or similar
growth, health or beauty of any planting.
PARKWAY: That portion of a public street which is not improved for
sidewalk use and which is available for planting and maintaining trees.
PRIVATE TREE: Any tree where the centerline of the trunk is located on
any public right -of -way.
including ground preparation,
acts which promotes the life,
actual street, curb, gutter, or
private property and not within
PROPERTY OWNER: The legal owner of any real property, and any lessee of such owner.
PRUNING, TRIMMING or THINNING: Methods to control the height and spread of a tree, preserve its
health and appearance, produce fuller branching and shaping, aid in disease prevention by allowing more
light and air passage within which will increase its longevity in an urban environment.
PUBLIC AREA: Any property that is owned, controlled by, or dedicated to the city other than a public
street, including but not limited to parks, areas around city -owned buildings, city -owned parking lots, and
all other areas under the supervision and control of the city.
PUBLIC RIGHT OF WAY: All Public Areas and Public Streets in the City.
PUBLIC STREET: Includes every way set apart for public travel or use in the city, including any area
available for use as la city street, road, avenue, boulevard, lane, alley, median, parkway, planting strip,
curb, gutter, or sidewalk owned by the city in fee or as an easement or right -of -way for public use.
REMOVAL: The uprooting, cutting or severing of the main trunk or major branches of a tree, or any act
which causes or may be reasonably expected to cause a tree to die.
ROOT PRUNING: 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, and to avert or at least postpone the need for actual tree
removal.
SEVERE PRUNING: Pruning the tree that deviates from industry standards by removing more than
twenty -five (25) percent of the foliage or leaving stubs.
PUBLIC TREE: Any tree where the centerline of the trunk lies within the public right -of -way of the city.
SHRUB: A low woody plant having several stems and a trunk less than three inches in diameter at a
height less than 4'/ feet above the ground.
TREE: Any woody plant which has the potential of attaining a minimum height of fifteen feet and has a
canopy of foliage borne normally by a single trunk.
URBAN FOREST: A collection of trees that grows within a city, town or suburb, including trees on public
streets, public areas, and on private property to provide for multiple use benefits for the general well-
being of the entire community.
VALID TREE SITE: A location in that area of the public right of way where a tree can be planted. All tree
sites beneath electrical lines shall be considered small tree sties.
3453. JURISDICTION.
The city manager, acting through the director or his /her designee, shall exercise exclusive jurisdiction and
control over the planting, maintenance, removal and replacement of trees, shrubs, or plants in all public
rights -of -way of the city, and shall have such power, authority, jurisdiction and duties as are prescribed in
this article.
3454. MASTER TREE LIST.
The city shall develop and maintain a master tree list, which shall be adopted by resolution of the city
council and shall be on file in the office of the city clerk. The master tree list shall specify the species of
trees suitable and desirable for planting in certain areas in order to establish a diverse urban forest.
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3455. PUBLIC TREE PLANTING AND MAINTENANCE.
The city manager, acting through the director or his /her designee, shall develop and implement a program
for the scheduling of public tree maintenance on a regular basis including policies and standards for
planting and maintenance required of all trees located in the public right of way.
3456. APPROVAL PRIOR TO PLANTING.
No tree or shrub shall be planted by a property owner in the public right -of -way of the city unless the
director or his /her designee grants a permit for planting pursuant to Section 3460. Any tree or shrub
planted in the public right of way without a permit shall be removed by the property owner or by the city at
the property owner's expense.
3457. DUTY TO MAINTAIN TREES
1. It shall be the obligation of the director or his /her designee, to perform appropriate scheduled
maintenance, including but not limited to pruning, fertilization and pest control, based on age,
species, size, and location to assure the proper maintenance of all public trees, except as otherwise
provided herein.
2. With the exception of pruning and trimming, property owners are responsible for the proper
maintenance of parkways, and the trees planted within the parkways, adjacent to their property.
Such maintenance shall include, but not be limited to, irrigation and maintaining the area surrounding
the trees to be free from weeds or other obstructions.
3. If a private tree causes damage to any public right -of -way, the property owner is responsible for the
cost of any repairs performed by the city.
4. Notwithstanding other provisions of this article, it is the responsibility of every property owner, at their
sole cost, to keep all private trees which extend over any public street trimmed so that the branches
overhanging the public street are at least fourteen feet above ground level, except that a clearance of
at least eight feet shall be permitted over a sidewalk area.
5. The director or his /her designee may remove limbs from any tree or shrub regardless of its location, if
in his /her opinion immediate removal is necessary because the limb presents an imminent danger to
persons or property. If the removal would require entry onto private property, the director or his /her
designee shall comply with the procedures for the summary abatement of nuisances in Section 4240
of this Code.
6. Any person requesting service on any public tree such as trimming, pruning, root pruning or spraying,
but desiring to have it undertaken sooner than the city is able to schedule work, may apply for a
permit from the city pursuant to Section 3460.
3458. PROTECTION OF TREES.
No person shall:
1. Plant, remove, trim, prune, spray or cut above or below ground any tree or shrub growing in the public
right -of -way without first obtaining a permit to do so from the director pursuant to Section 3460. A
permit shall not be required to perform the routine maintenance of parkway trees required by Section
3457(2).
2. Remove, injure or misuse any guard or device placed to protect any tree or shrub growing in the
public right -of -way of the city.
3. Attach or keep attached to any tree growing in any the public right -of -way any rope, wire, nail, tack,
staples, advertising posters or other contrivance whatsoever.
4. Deposit, discharge, release, or apply, or allow any agent, employee, invitee, or licensee allowed to
enter upon his property to deposit, discharge, release or apply, any hazardous material or toxic
substance upon the ground that lies within the drip line of any tree or shrub growing in the public
right -of -way.
5. Construct, place or maintain any structure or thing that it impedes the free access of water or air to a
public tree.
6. Place or pile building material, equipment or other substances around any public tree.
7. Construct retaining walls, fences, or similar improvements which impede the planting or maintaining
of public trees or affect the growth of public trees.
8. Interfere, or cause any person to interfere, with employees of the city or contractors employed by the
city, who are engaged in planting, maintaining, treating, removing or replacing any public tree or
shrub or removing any material which is likely to cause injury to the tree or shrub.
9. Change the grade around any public tree.
3459. REMOVAL OF PUBLIC TREES
1. Criteria for Removal
The city values trees as an important part of the environment and shall strive to preserve them
whenever possible and feasible. Subject to provisions of this article, the director or his /her designee
shall be responsible for inspection, maintenance, removal and replacement of public trees, and may
cause public trees to be removed, or permit the removal of a public tree pursuant to a permit, if they
are deemed to be:
a) Dead;
b) 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;
c) Structurally unsound due to an abnormal and uncorrectable structure or appearance due to
severe pruning or storm damage;
d) Diseased beyond reclamation, or the condition of which is a source of present danger to healthy
trees in the vicinity, providing that an inspection and notice attesting to such fact has been
completed by a state - licensed pest control advisor or arborist;
e) Obstructing curb, gutter or sidewalk repair, or in the way of a new curb, gutter or sidewalk for
which an exception to standard design is determined by the director to be inconsistent with
established policies and standards for public tree planting and maintenance;
f) In dangerous proximity to existing structures or interfering with existing utilities;
g) Causing excessive damage to curbs, gutters, sidewalks, or driveways;
h) 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 as an exceptional specimen tree;
i) Crowded by other trees and good horticultural practices dictates removal of some of them;
j) 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
enables several generations of trees to exist simultaneously;
k) Causing an allergic reaction to a property owner whose property is adjacent to the public tree.
The property owner must provide a certification from a physician licensed to practice in California
that the tree is causing the property owner to suffer allergic reactions. Exceptional specimen
trees may not be removed pursuant to this Section 3459(1)(k).
2. Removal Process
All public tree removals, whether by the city or by a private citizen pursuant to a permit issued under
Section 3460, shall adhere to the following procedures:
a) Upon approval of the removal of a public tree the city shall place a visible, non - removable
marking upon the subject tree indicating the tree is scheduled for removal a minimum of thirty
(30) days prior to its removal. •
b) A letter of notification will be sent to the owner of any private property adjacent to where the tree
is scheduled to be removed at least thirty (30) days prior to the removal.
c) The city manager, acting through the director or his /her designee, may waive notification
requirements for a tree removal in either of the following circumstances:
1) When the city manager, acting through the director or his /her designee, determines that a
tree's condition immediately threatens public health, safety or welfare;
2) When local, state or federal authorities have declared a state of emergency and a tree's
condition threatens public health, safety or welfare.
d) All tree removal shall include the removal of the stump and the removal of all stump grinding
chips and the backfilling of the hole created by stump removal with a good quality top soil suitable
for the replanting of a replacement tree.
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e) All removed trees shall be replaced with a tree of the same species as removed, except where
the location of the removed tree is not a valid tree site or the removed species does not conform
to the recommended species for the location in the master tree list approved the city.
f) Trees that are touching or nearly touching utility lines shall be replaced with a recommended
species.
g) All tree replanting shall be with a minimum fifteen - gallon container tree. For city removals, the
city will only plant a larger tree if a person agrees to pay the difference in cost of a larger
replacement tree size and any additional costs associated with the planting of a larger tree.
3460. PERMITS
1. Any person may apply for a permit from the city to plant, remove, trim, prune, spray or cut above or
below ground any tree or shrub growing in the public right -of -way.
2. The applicant shall submit a complete application form, along with any required permit fee, to the
director or his /her designee. The application form shall require the applicant to describe in detail the
work the applicant is proposing to perform, identify the licensed contractor who will be performing the
work, and any other information the director deems necessary. The applicant must also submit proof
of insurance coverage for the proposed work that satisfies the city's current insurance requirements.
3. The director shall approve or deny the application within thirty (30) days of receiving a completed
application and proof of insurance. The director shall notify the applicant by mail of the decision.
Notice of the decision shall also be given to the property owner(s) who own property adjacent to the
location of the tree.
4. The applicant or any other interested person may appeal the decision of the director to the
commission within fifteen (15) days of the notification of the decision. The appeal shall be heard in
the same manner as provided in Section 3461.
5. The permitee shall bear all costs associated with the work to be performed under the permit.
3461. APPEALS
Any person may appeal a decision of the director to remove a public tree to the commission within fifteen
(15) days of notification of the decision. Upon receipt of an appeal request, the director shall schedule
the appeal hearing for the next available commission meeting. The appeal shall be a public hearing, and
mailed notice of the public hearing shall be given to the adjacent property owner and any other person
who has requested notice at least ten (10) days prior to the hearing. If the commission denies an
applicant's appeal, the applicant may request a final appeal to the city council within ten calendar days of
the commission's decision. The same procedures for an appeal to the commission shall be followed for
an appeal to the council. Fees for an appeal shall be determined by resolution of the city council.
3462. VIOLATIONS; PENALTIES
1. It shall be unlawful for any person to cause damage to any public tree by any act or omission,
whenever such act or omission is expressly prohibited by this article or not. Negligent or willful injury
to, or disfigurement of, any public tree shall be a violation of this article. Any person or persons who
negligently or willfully damage, disfigure or destroy any public tree shall be charged for all actual
replacement or repair costs. The repair or replacement costs shall also include all legal,
administrative and other costs incurred by the city associated with the repair or replacement.
2. Any person violating any of the provisions of this article shall be guilty of a misdemeanor and shall be
punishable therefor by a fine of not more than five hundred dollars ($500.00).