HomeMy Public PortalAbout8A Appeal of Parks and Recreation Commissions Decision Relative to Removal of a Sweetgum Tree Located at 9839 Daines DriveDATE:
TO:
FROM:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
January 6, 2014
The Honorable City Council
Bryan Cook, City Manager
By: Cathy Burroughs, Director of Parks and Recreation
AGENDA
ITEM 8.A
SUBJECT: APPEAL OF PARKS AND RECREATION COMMISSION'S DECISION
RELATIVE TO REMOVAL OF A SWEETGUM TREE LOCATED AT 9839
DAINES DRIVE
RECOMMENDATION:
The City Council is requested to:
a) Consider the Tree Removal Appeal from the property owner at 9839 Daines Drive
for removal of a Sweetgum tree located in the public right of way; and
b) Uphold the Parks and Recreation Commission's decision approving the initial
appeal to not remove the tree.
BACKGROUND:
1. On July 1, 2010, the Parks and Recreation Department assumed all duties of, and
responsibilities for, the City's trees and parkways program.
2 . On February 19, 2013, the City Council adopted Ordinance No. 13-966
(Attachment "A") amending Section 2-6A-7 of the Temple City Municipal Code
(TCMC) relative to the duties of the Parks and Recreation Commission. Ordinance
No. 13-966 became effective on March 21, 2013, adding oversight of the City's
trees and parkways to the Parks and Recreation Commission.
3. On December 3, 2013, the City Council adopted Ordinance No. 13-983
(Attachment "B") repealing the existing Roadside Trees Ordinance and replacing it
with a Tree Preservation and Protection Ordinance which reflects current best
practices relative to public trees and establishes policies, procedures, and
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January 6, 2014
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expectations for City-owned trees located in public rights of way. Ordinance No.
13-983 which became effective on January 3, 2014, provides an appeal process of
staff's determination to plant or remove City-owned trees.
4. On July 11, 2014, at the request of the property owner at 9839 Daines Drive, staff
inspected and determined that the Sweetgum tree located in the public right of way
at that address may be interfering with the solar panels and should be removed . A
letter was sent to the property owner and a mark was placed on the tree as
required by Section 3-4D-9:B.1 of the TCMC.
5. On September 29, 2014, Ms . Carol Cushing, 9833 Daines Drive, contacted the
City Manager's office regarding the pending removal of the tree located in the
public right of way at 9839 Daines Drive . Ms. Cushing was advised of the appeal
process.
6. On October 7 , 2014, Ms. Cushing submitted a Notice of Appeal to the Parks and
Recreation Department appealing the removal of the Sweetgum tree located at
9839 Daines Drive. The property owner at 9839 Daines Drive, Moe Louie, was
notifie d of the appeal and that the Parks and Recreation Commission would
consider the appeal at their November 19 , 2014 meeting.
7. On November 5, 2014, the City Attorney provided information to staff on the Solar
Shade Contract Act (Public Resources Code§§ 25980-25986).
8. On November 19, 2014, the Parks and Recreation Commission considered and
approved the appeal from Ms . Cushing reversing staff's in itial decision to remove
the Sweetgum tree.
9. On November 24, 2014, Mr. Louie submitted a Notice of Appeal of the Parks and
Recreation Commission's decision to not remove the Sweetgum tree located at
9839 Daines Drive (Attachment "C").
ANALYSIS:
Each year the City develops a tree removal list. The list includes trees that City staff,
specifically the City's Arborist Rob Cruse, has inspected and determined meet the
criteria for removal as outlined in Section 3-4D -9 of the TCMC, or other legislation.
Notices are mailed to the resident/property owner of each address where trees are
scheduled for removal.
At the request of the property owner, Mr. Cruse inspected the Sweetgum tree located at
9839 Daines Drive. The property owner ind icated the Sweetgum tree was shading the
solar panels recently installed on the roof of the home and requested it be removed or
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January 6, 2014
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severely cut back. Upon inspection of the Sweetgum tree, Mr. Cruse determined that
the tree may be shading a portion of the solar panels . It also appeared that the tree
could be putting pressure on the gas meter vault located approxim ately 3 ' from the tree.
Because trees had in the past been removed if they were shading solar panels, based
on information staff had received on the Solar Shade Control Act, staff approved
removal of the tree . The decision by staff to remove the Sweetgum tree was appealed
to the Parks and Recreation Commission, pursuant to Section 3-4D-11 of the TCMC.
Upon further research and discussions with the City Attorney regarding the Solar Shade
Control Act, staff reconsidered its decision to remove the Sweetgum tree at 9839
Daines Drive and recommended the Parks and Recreation Commission approve the
appeal by Ms. Cushing. The Solar Shade Control Act regulates both the installation and
placement of solar collectors, as well as the maintenance of trees and shrubs near solar
collectors. After a solar collector is installed, any person who owns or controls nearby
property may not allow a tree or shrub to be planted, or to grow on property in a way
that results in the casting of a shadow greater than 10% of the solar collector absorption
area, upon the solar collector surface at any time between the hours of 1 0 a.m . and 2
p .m. daily. The Solar Shade Control Act does not apply to trees or shrubs planted
before the installation of the solar collector; nor to replacement trees or shrubs, which
replace trees or shrubs that were growing on the property before the installation of the
solar collector, but that subsequently needed to be replaced because of death or for the
protection of public health, safety, or the environment. The Sweetgum tree at 9839
Daines Drive is estimated to be at least 40 yea rs old. The permit for the installation of
the solar panels was issued in December 2012 and was finalized in June 2013;
meaning the solar panels were installed within the last two years. The Sweetgum tree
is therefore exempt from the Solar Shade Control Act.
During the Parks and Recreation Commission meeting on November 19, 2014 the
property owner acknowledged that the Sweetgum tree was indeed growing in the public
right of way at 9839 Daines Drive prior to the installation of the solar p~nels; however
she also stated to the Commission that the tree had grown "significantly" since the
panels were installed and therefore should be removed, or severely cut back. A review
of the work history for the Sweetgum tree at 9839 Daines Drive shows the most recent
trimming of the tree was on July 22, 2011, well before the solar panels were installed.
When trimming or pruning trees, the City follows International Society of Arboriculture
(ISA) best practices which limit regular trimming to no more than 25% of the foliage at
any time. Although the foliage of the tree may have been thinned out, the general
height and width of the tree has not changed. Attached are photographs of the
Sweetgum tree at 9839 Daines Drive as well as other trees in the area (Attachment
"D").
After hearing testimony from the appellant, the property owner, and other interested
parties, the Commission unanimously approved the appeal and reversed the initial
decision to remove the Sweetgum tree per staff's recommendation. Although the
Commission was sensitive to the property owner's situation, they concurred that the
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January 6, 2014
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insta ll er of the so lar panels had a duty and responsibility to assess the property for
obstructions that could potentially affect the performance of any solar panels prior to
installation. Professionals in the solar industry agree that placement, position and
orientation of solar panels is critical. It is normally recommended that if shading may be
a problem, a solar expert should evaluate the amount of shade that falls on the property
throughout the day to determine proper placement of solar collectors. It did not appear
to the Commission that any type of evaluation had been completed prior to installation
of the solar panels. A copy of the draft minutes from the November 19, 2014 Parks and
Recreation Commission meeting are attached for Council's review (Attachment "E").
Mr. Louie filed an appeal of the Parks and Recreation Commission's decision. On the
appeal form, Mr. Louie claims the tree blocks the solar panels resulting in the panels not
being able to generate solar power . Mr. Louie also claims that the Gas Company has
inspected the gas line and determined there is a gas leak near the resident's front door,
which is approximately 25' from the tree. Staff spoke with a representative from the Gas
Company in mid-December who indicated there was a small leak near the base of the
tree. The Gas Company indicated they would be repairing the leak within a week (likely
by December 23, 2014). The representative from the Gas Company would neither
confirm nor deny that the leak was caused by the roots from the Sweetgum tree. He did
however state that the existing gas line runs directly below the tree, as well as similar
trees on adjacent properties.
As identified above, the tree located at 9839 Daines Drive is not subject to the Solar
Shade Control Act. With the gas leak repaired, and no indication that the tree is
otherwise interfering with existing utilities, the tree does not meet the criteria for removal
identified in Section 3-4D-9A of the TCMC (Attachment "F"). Staff recommends the City
Council uphold the Parks and Recreation Commission decision to not remove the tree
at this time. Staff will continue to monitor the tree in regards to interference with the gas
line or other existing utilities ~
As a separate item, the Solar Shade Control Act specifi cally states that cities may adopt
an ordinance "exempting their jurisdiction from the provisions of the Act." The City
Attorney recommends amending the TCMC to include a general exemption from the
Solar Shade Control Act in order to preserve the City's right to regulate the maintenance
and care of trees within the City's jurisdiction. Staff will bring this recommendation back
to the City Council at a later date.
CONCLUSION:
The property owner at 9839 Daines Drive has appealed a decision by the Parks and
Recreation Commission to not remove a city owned tree located in the public right of
way. The City Council is requested to consider the appeal, hear testimony for and
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January 6, 2014
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against the appeal, and uphold the Parks and Recreation Commission's decision to not
remove the tree.
FISCAL IMPACT:
This action will have no impact on the Fiscal Year (FY) 2014-15 City Budget.
ATTACHMENTS:
A. Ordinance No. 13-966
B. Ordinance No. 13-983
C. Notice of Appeal-Tree Removal-Moe C. Louie
D. Photographs of Tree and Solar Panels
E. Minutes of the Parks and Recreation Commission Meeting of November 19, 2014
F. Temple City Municipal Code Section 3-4D-9A
ATTACHMENT A
ORDINANCE NO. 13-966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY AMENDING SECTION 2607 OF THE TEMPLE CITY MUNICIPAL
CODE RELATIVE TO DUTIES OF THE PARKS AND RECREATION
COMMISSION
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS :
SECTION 1. Section 2607 of the Temple City Municipal Code is hereby amended to
read as follows.· Additions are underlined, and deletions are struckout.
"2607: DUTIES:
The duties of the Parks and Recreat ion Commission shall be as follows :
' A. It shall be the continuing duty of the Parks and Recreation Commission to
monitor the existing parks and recreation p rog rams and to formulate policy
matters directly to the City Council in respect to the development and
acquisition of park sites, the development, maintenance and general
operation of existing recreation areas and facilities; a nd t he development of
programs such as senior citizens services; transportation; human services;
youth services ; special events, and other communitywide programs and
activities;
B. To act in an advisory capacity to the City Council in all matters perta ining to
parks....__aAG-parks and recreation programs, transportation programs. and
trees and parkways;
C. To act as liaison with the governmenta l agencies , private · social service
agencies, civic groups and citizens in order to estab lish an ongoi ng needs
assessment for programs and sites, and to coordinate programs for a more
effective delivery of services and reduction of duplicatior1 ;
D. To advise city staff with respect to matter of ad ministration, development of
park an d recreation programs , areas, facilities and services;
E. To make periodic inventories of recreation programs that exist or may be
needed within the city, county or community, to review the needs with city
staff and to advise the City Council accordingly; ·
· F. To advise city staff concerning the preparation of the annual parks
maintenance, recreation/human services, public transportation. and trees
and parkways program budgets, specia l ·projects and long range capital
improvement programs; ·
G. To rev iew on an as needed basis ordinances and city policies w hich re late
to use of city parks and public facilities;
H. To develop, rev iew, recommend and implement community activit ies that
promote and encourage economic en hanceme nt o p portun it i es~~
Ordinance No. 13-966
Page 2
I. To assist city staff in the deve lopment, review , and amendmen t of a
comprehens ive street tree management plan, street tree inventorv. master
street tree list. and landscape plan requirements fo r private developments;
J. To recommend specific guidelines for tree maintenance, landscaping
policies. placemen t and general pruning standards for publicly-ow ned trees
w ithin in the city;
K. To assess the effectiveness of the existing ordinances regulating trees and
recommend tree preservation and enhancement ordinances;
L. Upon request by the City Council or City staff, consider, investigate, and
make findings . reoorts and recommends upon ar.y special matter or
question relating to street trees wi thin the city;
' M. To hear appeals from residents on city staff decisions regarding denials of
permits for removal or altering of trees in public places. or denials of permits
to plant trees in public places;
N. To help de velop and implement educational and other programs addressing
urban forestry issues." -
SECTION 2. The City Clerk shall certify to the passage and adoption of th is Ordinance
and shall cause the same to be published according to la w.
PASSED, APPROVED A N D ADOPTED on this 19h day of February, 201 3.
MAYOR A AAS71.
ATTEST: APPROVED AS TO FORM :
Cit£~ c~
I, City Clerk of the City of Temple City , here by certify t hat the foregoing Ordinance No.
13-966 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 51
h day of February 2013 and was duly passed, approved and adopted by said Council ,
approved and signed by the Mayor and attested to by the City Cle r k at the regular meeting held
on . the 191h day of February 2013 by the follo w ing vote:
AYES: Councilmember-Bium, Chavez , Vizcarra, Sternquist, Yu
NOES: Councilmember-None
ABSENT: Councilmember-None
City~
ATTACHMENT 8
ORDINANCE N0.13-983
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 MUNICIP A L CODE
RELATING TO TREE PRESERVATION A ND PROTECTION.
WHEREAS , Title 3, Chapter 4 , Article D of the Temple City Mun ic ipal Code gov erns "roads ide 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 Re creation Commission created an ad hoc committee to re view 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 provi ded by the Parks and
Recreation ad hoc committee,
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDA INS AS FOLLOWS:
SECTION 1: Repeal and Replacement of Title 3, Chapter 4, Article D of the Code.
Tit le 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 proviS IOn, section , subsection, paragraph ,
sent~nce, clause , phrase, or word of this Ordinance or any part thereof, be rendered or declared in valid 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 rema ining sectio n or portions of the
Ordinance or part thereof. The City Council hereby declares that it would have independen tly adopted the
remaining provisions, sections, subsections, paragraphs , sentences, clauses, phrases, o r wo rds 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 unconst itutiona l.
SECTION 3: Publication.
The' City Clerk shall certify to the passage and adoption of this Ordinance and to its app roval by the
Mayor and shall cause the same to be pub lished according to law.
SECTION 4: Effective Date.
This Ord inance shall take effect thirty (30} days after its adoption by the City Co unci l.
PASSED , APPROVED, AND ADOPTED this 3id day of December 2013.
~eM
City Attorney
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 191h
day of November, 2013, and was duly passed, approved and adopted by said Council at the regular meeting
held on December 3", 2013 by the following vote:
AYES:
NOES:
ABSENT:
Councilmember: Chavez, Vizcarra, Yu, Blum, Sternquist
Councilmember: None
Councilmember: None
City'~~·
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, maintenan ce 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 Gity 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 al l 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 Tem ple City .
DIRECTOR: The city's director of Parks and Recreation or the person designated with responsibility for
the city's tree program.
DR IP LINE: A line which may be drawn on the ground around a tree directly under its outermost branch
tips wh ich id entifies 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 cond itio n 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 plant ing
in certain public areas of the City in order to establish a diverse urban forest.
MAINTAIN or MAINTENANCE : The entire care of trees and sh rubs including ground preparation,
fertilizing, cultivating, trimming, treating for disease or inj ury or similar acts which promotes the life,
growth, health or beauty of any planting .
PARKWAY: That portion of a public street which is not improved for actual street, curb, gutter, or
sidewalk use and which is available for plant ing and maintaining trees.
PRIVATE TREE: Any tree where the centerline of the trunk is located on private property and not with in
any public right-of-way .
PROPERTY OWNER: The legal owner of any real property, and a ny lessee of such owner.
PRUNI NG, TR IMMING or THIN NING : Methods to contro l the height and sp read of a tree , preserve its
health and appearance, p rod uce fu ll er branching and shaping, aid in disease preventio n by allowi ng more
light and air passage within which will increase its longev ity in an urban enviro nment.
PUBLIC AREA: A ny pro perty that is owned, contro ll ed by, or dedicated to the city other than a publ ic
street, in cl ud ing bu t not lim ited to parks, areas around city-owned buil d ings , ci ty-owned parking lots , and
all oth er areas under th e s upervision and control of the city.
PUBLIC RIG HT OF WAY: A ll Public Areas and Pub lic Streets in the C ity.
PUBLIC STREET: Includes every way set apart for public travel or use in the city , including any area
availab le fo r use as a city street, road, avenue, boulevard, lane, alley, median, parkway, planting strip,
curb, gutter, or sidewalk owned by the c ity in fee or as an easement or right-of-way for public use.
R EMOVAL: The uprooting, cutting or sever ing of the main tru nk or major branches of a tree, or any act
which causes o r may be reasonably expected to cause a tree to die.
ROOT PRUNI NG: Cuttin g back tree roots whe re they may be damaging curbs, gutters, sidewalks,
driveways, and poss ibly sewer and water lines or other ut il ities in a n attempt to prevent further damage,
undertake necessary co ncrete repair work , and to ave rt o r at leas t postpo ne the need fo r actu al tree
r emova l.
S EVERE PRUN I NG: Pru ni ng the tr ee that dev iates from ind ust ry standa r ds by remov ing more than
twenty-five (25) percent of t he fol iage o r leaving st ubs.
PUBLIC TREE: Any tree whe re the centerl ine of the tr unk lies within the public right-of-way of the city.
S H RUB : A low woody plant havi ng seve ral stems and a trunk less than three in ches in diameter at a
height less than 4 %feet above the gro und.
TREE: Any woody plant which has the potentia l of attaining a minimum height of f ifteen feet and has a
canopy of fol iage borne normally by a single trun k .
URBAN FOREST: A collection of trees that grows withi n a city , town or subu r b, inc luding trees on public
st reets , public areas, and o n pr ivate property to provide for multiple use benefits for the general well-
be in g of the e ntire commun ity.
VALID T REE SITE: A location in tha t area of the public right of way where a t ree can be plan ted. All tree
sites beneath e lect rica l lines sha ll be cons idered small tree st ies .
3453. JURISDICTION.
The city manager, act ing through the director or his/her des ignee, sha ll exercise exclusive jurisd iction and
control over the planting, mai ntenance, removal and replacement of trees, shrubs, or p lants in all pub lic
rights-of-way of the city, and sha ll have such power, authority, j urisdiction and duties as are prescribed in
this article.
3454. MASTER TREE LIST.
The city sha ll deve lop and ma intain a master t ree lis t, whic h sha ll be adopted by resolution of the city
coun cif and shall be on file in the office of the ci ty clerk. The master tree li st shall spec ify the species of
trees su itab le a nd desirab le fo r plan ting in certa in areas in o rder to establish a diver se urban forest.
3455. PUBLIC TREE PLANTING AND MAINTENANCE.
The city manager , acting through the director or his/her designee, shall develop and implemen t a prog ram
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 righ t-of-way of the city unless the
director or his/her designee grants a perm it for planting pursuant to Section 3460 . Any t ree or shrub
planted in the public right of way without a permit sha ll be removed by the property owner or by the ci ty at
the property owner's expense.
3457. DUTY TO MAINTAIN TREES
1. It sha ll be the ob ligation of the director or his/her designee , to perfo rm appropriate sched ul ed
mainte nance , including but not limited to pruning , fe rtil ization and pest control , based on age,
species , size , and locati on to assure the proper maintenance of all public trees, except as othe rw is e
provided herein.
2. W ith the exception of pruning and trimm ing , prop erty owners are responsib le for the proper
maintenance of parkways, and the trees planted with in the parkways, adjacen t to their property.
Such maintenance shall include, but not be limited to, irrigation and maintain ing the area surrou nding
the trees to be free from wee ds or other obstructions.
3. If a private tree causes damage to any public right-of-way , the property owne r is responsib le fo r the
cost of any repairs performed by the city.
4. Notwithstanding other provisions of t his articl e , it is the responsib ility of every pro pe rty owrier, at thei r
sole cost, to keep · all private trees wh ich extend over any public street tr imm ed so that the bra nc hes
overhanging the public street are at least fourteen feet above grou nd level, except that a clearance of
at lea st 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 op in ion immediate re mova l is n~cessary because the limb presents an imminent danger to
persons or property. If the remo val would require entry onto private property , t he director or his/he r
designee shall comply wit h the procedures for the summary abatem en t of nu isa nce s in Section 4240
of this Code.
6. Any person requesting service on any public tree such as trimming, prun ing , root pruning or spray ing ,
but desiring to have it undertaken sooner than th e city is able to sch ed ule wo rk, may appl y for a
permit from the city pursuant to Section 3460 .
3458. PROTECTION OF TREES.
No person sha ll :
1. Plant, remove, trim, prune, spray or cut above or below ground any tree or shru b g rowing in the p ublic
right-of-way withotJt 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 parkw ay tree s requi re d by Section
3457(2).
2. Remove, in j ure or misuse an y gua.rd or de vice placed to protect any tree o r shrub growing in the
public right-of-way of the city .
3. Attach or keep attached to any tree growi ng in any the public righ t-of-way any rope , wire , na il, tack ,
staples , ad vertising posters or other contrivance whatsoever.
4. Deposit, discharg'e, release, or apply , or a ll ow any agent, employee, invite e, o r li cen see all owed to
enter upon his property to deposit, discharge, release or app ly , any haza rdous material or tox ic
substance upon the ground that lies within the drip line of any tree or shrub gro wing in the public
right -o f-way.
5. Construct, place or main tain any structure or thing that it impedes the fre e access of w ater or air to a
public tree .
6. Place or pile building material , equip ment or other substances around an y publ ic tree .
7. Construct retaining walls, fences , or similar improveme nts which impede th e pla ntin g or ma inta ini ng
of public trees or affect the growth of publ ic 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 artic!e, the director or his/her designee
shall be responsible for inspection, maintenance, remova l 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 sou rce 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 polic ies 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 ach ieve 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 physiciai1 licensed to practice in California
that the tree is causing the property owner to suffer allergic reactions. Exceptional spec imen
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 pu rs uant to a permit issued under
Section 3460, shall adhere to the following procedures:
a) Upon approval of the rem ova l of a public tree the city shall place a visible, non-removable
marking upon the subject tree indicating the tre~ 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 remo ved at least thirty {30) days prior to the removal.
c) The city manager, acting through the director or his/her designee, may waive notification
require ments 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 im med ia te ly 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 remova l 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.
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 va lid 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 to uch ing utility lines shall be replaced with a recommended
species.
g) All tree replanting shall be with a minimum fifteen-gallon container tree. Fo r 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
loca tion 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 not ice 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; PENAL TIES
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 sha ll be a violation of this article. Any person or persons who
negligently or w illfully 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 lega l,
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).
ATTACHMENT C
City of Temple City-Department of Parks and Recreation
10144 Bogue Street, Temple City CA 917¥fEtfJV 285 -2171
CITY ('7 ;r.;, ~~
NOTICE OF APPEAL -TREE BFJ\19,Y AL,~'::
For office use only
File Number ---------------------------------Filed: _____ _
Project Locat ion 963Cj DA-I/v6> Dr,
I
By:
-~'1'e __ c,rt -L-~. _ q t7 ~o_ ___ ·-·----~-------~----------
Please TYPE or PRINT all information clearly
APPELLANT NAME: -~/1-.:..=:.0_E __ C __ .:._/JJ_vc_f,-...:..z._-___________ _
APPELLAN T ADDRESS: f@~-J1 QA-;;,vt;:S, ·vr.; 'J&ziC. C1f( c/L) 9r 7~ {)
(All correspondence will be mailed to this address)
Phone: /1 /-.., f.? 7 n) (~) '}YO-0?>
Please state specific reason(s) for the appeal (us e separate sheet if necessary)
REASON FOR APPEAL: J(eQ_ 8/oc1k So{tt r pt:l.5}te(5
jO !Jcf be_ Ctbfe__ fO ~f"ct/e So/af' ro~~.
Gtwi"<? Jvre/ _5
Gev> ~~
I v
Print Narne : ---'---~_1_0_£_---=-__ Lo_· _ftl_t_rZ-__________ '------------
By signing this Notice of Appeal-Tree Remova l Form, I hereby certify that I am a re sident or
property owner of the City of Temple City. I further certify that I have read Section 3459 of the
TCM C, including the appeals process.
Please return this form by email to: dingram@templecity.us., mail to: City ofTemple City, Attn:
Dep artment of Parl<s and Recreation, 9701 Las Tu na s Dr, Temple City CA 91780 or in person at
the Live Oak Park Annex, 10144 Bogue Street, Temple City.
NOTE: The appellant has the burden of proof. In order for the appel lant to prevail, he/she
must show by clear and convincing ev idence, that City staff's decision to remove or not remove
a stre et tree is not authorized by applicable fede r al, state or loca l law, or is inconsistent with
the removal criteria per Section 3459 of the (TCMC) Temple City Municipal Code.
9839 Daines Drive ATTACHMENT D
PARKS & RECREATION COMMISSION MINUTES
Nov ember 19, 2014
ATTACHMENT E
Page 2
. B. ATTENDANCE/ACTIVITY REPORTS-SEPTEMBER AND OCTOBER
Recommended Action : Received and file .
6. UNFINISHED BUSINESS-None
7. NEW BUSINESS
-·-~ A. APPEAL OF STAFF DECISIO,N TO REMOVE A SWEETGUM TREE
LOCATED AT 9839 DAINES DRIVE
Parks and Recreation Director Burroughs presented the staff report.
Chairman Haddad requested additional information rega rd i ng the benefits
of trimming the tree 25% of the fo liage .
Lead Tree Trimmer Cruse provided additional i.1formation regarding the
25% removal of the fo liage.
Vice-Chairman Rosso questioned why the location was chosen for the
solar panels knowing that the trees would potentially cause issues.
Parks and Recreation Director Burroughs , prov ided additional information
regarding the location of the solar panels and the Solar Shade Control Act.
Vice-Chairman Rosso requested information regarding th.e possible
damage to the gas meter.
Chairman Haddad opened public comments.
Moe Louie, property owner requested removal of the tree stating the rapid
growth of the tree caused the loss of use of 50% of the solar pa nels .
Parks and Recreation Director Burroughs clarified the information the
resident received from the solar company regarding the Solar Shade
Control Act.
Lead Tree Trimmer Cruse provided information regarding the danger to
trimming the tree more than what's recommended.
Commissioner Fish asked if the tree was on the list to be routi nely
trimmed.
Director Burroughs said yes, every four years, and was most recently
trimmed as part of the grid pruning ·in 2011
PARKS & RECREATION COMMISSION MINUTES
November 19 , 2014
Page 3
Ms . Louie requested the City's assistance with some of her costs including
for the solar panels and legal fees.
Chairma n Haddad clo sed pub lic comments.
Commiss ioner Georgina moved to reverse staff's decision to remove the
tree and approve the appeal, seconded . by Commissioner Rosso and
unanimously carried by the following vote:
AYES:
ABSTAINED:
NOES:
ABSENT:
. Commissioner:
Comm issioner:
Commissioner:
Commissioner:
Fish, Georg ina, Vice-Chairman
Rosso, Chairman Haddad
None
None
Lopez
Parks and Recreation Director Burroughs indicated inform at io n will be
provided to the property owner regarding their right to appea l to the City
Council.
B. APPEAL OF STAFF DECISION TO REMOVE A SYCAMORE TREE
LOCATED AT 5471 GOLDE;N WEST AVENUE
Parks and Recreation Director Burroughs presented the staff report.
Carol Cushing, Temple City resident commented on the property owner's
responsibility to maintain and upkeep of the property and asked the
Commission to consid er keeping the tree.
Maryanne Noonan. Temple City res ident stated her desi re to keep the
tree. She in dicated the Gas Company would repair the damage and asked
if the sidewalk cou ld be sloped in lieu of removing the tree.
Commissioner Georgina stated that the cracks we re not signi f icant
enough to warrant remova l of the tree and asked staff for possible
alternative measures.
Lead Tree Trimmer Cruse stated he recommends removal of the tree to
prevent potential damage to the surrounding property.
Parks and Recreation Director Burroughs stated that t he property owner
be li eves th e tree is a li abi lity issue.
The Commission discussed poss ibl e options ir .cluding re moval of the
sidewalk, sloping the sidewa lk over the root and re-routi ng the sidewa lk to
prevent the loss of the tree .
ATTACHMENT F
3-40-9: REMOVAL OF PUBLIC TREES:
A. Criteria For Remova l : The city va lues trees as an important part of the environment and sha ll
strive to preserve them whenever possib le and feas ible. Subject to provisions of this article , the
director or his/her designee shall be respons ible for inspectio n , maintenance, remova l and
replacement of publ ic trees, and may cause public trees to be removed, or pe rmit the removal of
a publ ic tree pursuant to a permit, if they are deemed to be:
1 . Dead;
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 . Structurally unsound due t o an ab normal and uncorrectable structure or ap pearance due to
severe pruning or sto r m damage;
4. Diseased beyond reclamation , or the condition of which is a source of present danger to
healthy trees in the v ici nity , providin g t hat an inspection and notice attesting to such fact has
been comp leted by a state licensed pest control advisor or arborist ;
5 . Obstructing curb, gutter or sidewalk repair, or in the way of a new curb, gutte r o r sidewalk for
which an excepti on to standard design is determ ined by the d i rect or to be inconsistent with
established po li c ies and st andards for public tree planting and maintenance;
6. In dangerous proximity to existing structures or in terfering with existing utilities ;
7 . Causing excessive damage to curbs , gutters, sidewalks, or driveways;
8 . 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 exceptiona l specimen
tree ;
9. Crowded by other trees and good horticultural practices dictate re moval of some of them;
10. Otherwise hea lthy, but the removal of which is considered desirable because it is a proven
nu isance species and/or in order to achieve a properly staged tree replacement schedu le
which enables several generations of trees to exist simultaneously; ·
11. Causing an allergic react ion 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
Cal ifornia that the tree is causing the property owner to suffer allergic reactions. Exception al
specimen trees may not be removed pursuant to this subsection 3-4D-9A 11.
.I