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Home My Public Portal About14) 8A First Reading of Intro Ordinance 15-1007 Tree Preservation and ProtectionDATE: TO : FROM: PARKS AND RECREATION DEPARTMENT MEMORANDUM October 6, 2015 The Honorable City Council Bryan Cook , City Manager (\ a, By: Cathy Burroughs , Director of Parks and Re creation 'UJJ AGENDA ITEM 8.A. SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 15-1007 AMENDING CHAPTER 4, ARTICLE D OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO TREE PRESERVATION AND PROTECTION RECOMMENDATION: The City Council is requested to : a) Introduce Ordinance No . 15-1007 (Attachment "A ") for first reading by title only, amending sections 3-4D-6 and 3-4D-9 of the Temple City Municipal Code (TCMC); b) Wa ive further reading of Ordinance No. 15-1 007 ; and c) Schedule the second reading of Ordinance No. 15-1007 for October 20 ,2015. 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 amending Section 2607 of the TCMC relative to the duties of the Parks and Recreation Commission. The proposed ordinance revised the duties of the Parks and Recreation Commission to include review and oversight of programs, plans, policies , and budgets for trees and parkways. 3. On October 16 , 2013 , after months of study, the Parks and Recreation Comm iss ion recommended approval of a revised tree ordinance that would repeal Article D of the TCMC (Roadside Trees) and replace it with a new Tree Preservation and Protection ordinance. 4. On December 3, 2013 , the City Council adopted Ordinance No . 13-983, as City Council October 6 , 2015 Page 2 of 3 recommended by the Pa rks and Recreation Commission . Ordinance No . 13-983 repealed the existing Roadside Trees Ordinance contained in Title 3 , Chapter 4 , Article D of the Temple City Municipal Code and replaced it with the Tree Preservation and Protection Ordinance which reflected current best p ractices relative to public trees and established policies , procedures , and ex pectations for City-owned trees located in public righ ts of way. 5 . On August 19 , 2015 , the Parks and Recreation Commission cons idered various amendments to the Tree Preservation and Protection Ordinance and recommended approval to the City Council. 6. On September 17, 2015 a Public Hearing Notice was published in the Temple City Tribune regarding proposed Ordinance No . 15-1007. ANALYSIS: The C ity of Temple City currently owns and is responsible for maintenance of almost 6,000 trees , valued at over $22 .5 million , located in the public right-of-way, parks , and parking lots . To protect this significant investment, a program was proposed in the two year work plan for the Parks and Recreation Department in 2011 to build community awareness of the City's urban forest. Elements of this work plan item included : 1) Identification of a tree advisory body that would make decisions and recommendations as appropriate on matters involving the care and maintenance of City-owned trees ; and 2) Revision of the City's Roadside Tree Ordinance. Both elements were completed in 2013 with the adoption of Ordinances 13-966 and 13-983. Since adoption of Ordinance 13-983, staff has become aware of a few areas of the TCMC that may need clarification as well as some minor additions. One area in particular deals with trees that are currently located in the public right-of-way that the City did not plant, or approve for planting . Many of these trees are large mature trees , but they are either the wrong species for the area , or planted in an area that is incompatible with the tree (i.e . in an alley , close to a utility pole or wall, etc.). Most were either planted by a resident without a permit, or grew voluntarily from seed. To allow the City the ab ility to remove non-permitted trees , staff recommends Chapter 4 , Article D of the TCMC be amended to deal with these situations . For the City Council's clarification , § 3-40-9 : REMOVAL OF PUBLIC TREES , currently includes el e ven (11 ) criteria for removal. The proposed amendment adds two additional criteria. Following are the recommended amendments to the Tree Preservation and Protection Ordinance (deletions in strikethrough, additions in red ): § 3-40-6 : 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 di rector or his/her designee first approves the kind and variety , designates the location therefor, and grants a permit for planting pursuant to section 3-40-10 of this article. Any tree planted without a permit , or any tree that voluntarily grows in a public area ~City Council I October 6 , 2015 I Page 3 of 3 that is not an approved species , or is not located in a desirable area , shall be removed by the property owner or by the city. In the event that the recommended removal of a nonconforming street tree is protested by the abutting property owner, the city may enter into an agreement transferri ng the responsib ility for future maintenance , repairs , costs , and liability thereof to the property owner. In the event of failure by the property owner to carry out any of his obligations under such an agreement , the agreement shall become void and cause for removal by the city of the nonconforming tree . § 3-4D-9 : REMOVAL OF PUBLIC TREES: A. 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 : 12 . Incompatible w ith the growing space or unsuitable for use in its present location ; 13. To facilitate hardscape repairs that cannot be completed without severe root pruning or other action that would jeopardize the health and stability of the tree . The Parks and Recreation Commission approved the proposed amendments at their regularly scheduled meeting on August 19 , 2015 and recommended approva l to the City Council. The City Attorney rev iewed the proposed amendments prior to co nsideration by the Commission . CONCLUSION: Ordinance No. 15-1007 amends two sections of Chapter 4 , Article D. TREE PRESERVATION AND PROTECTION of the TCMC . The proposed amendments include additional criteria for removal of City owned trees. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Bu dget. ATTACHMENT: A. Ordinance No . 15-1007 ATTACHMENT A ORDINANCE NO . 15-1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 3-4D-6 AND 3 -4D-9 OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TREE PRESERVATION AND PROTECTION THE CITY COUNCIL OF THE CITY O F TE MPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1 . Sections 3-4D-6 A ND 3-4D-9 of the Te mple C ity Municipal Code are hereby amended to read as follow s. Ad ditions a re underlined , and deletions are struGk--etH. § 3-4D-6 : APPROVAL PRIOR TO PLANTING : No tree or shrub shall be planted l;}y-a F~Foperty oWAer in the publ ic right of way of the city unless the director or his/her designee first approves the kind and varie ty , designates the location therefor, and grants a permit for planting p ursuant to section 3-4D-1 0 of this article . Any tree planted without a perm it or any tree that voluntarily grows in a public area this is not an approved species . or is not located in a desirab le area, sha ll be remov ed by the property owner or by the ci ty. In the event tha t the recommende d re moval of a nonconforming street tree is protested by the abutting property owner, the c ity ma y enter into an agreement transferring the re sponsib il ity for future ma intenance, repa irs , costs, and liabil ity t hereof to the property owner . In the even t of fa il ure by the property owner to carry out any of hi s obligations under such an agreement it shall become void and cause for remova l by the city of the nonconforming tree . § 3-4D-9 : REMOVAL OF PUBLIC TREES : A. Crite ria for Removal : The city values t rees as an importa nt part o f th e environment and shall strive to preserve them whenever possible and feasible. Subject t o provis ions of th is article , the director or his/her designee shall be resp onsi ble fo r inspection , maintenance, removal and repla cement of publ ic trees , and may cause pub li c trees to be removed , or permit the removal of a public tree pursuant to a perm it if they are deemed to be : 1. Dead ; 2. Dying , decayed or hazardous , or so weakened by age, disease, storm , f ire , excavati on , remova l of adjacen t trees , or any injury so as to cause imminent danger to pe rsons or pro perty ; 3. Structu rally unso u nd due to an abnormal and uncorrectab le structure or appearance due to severe pruning o r storm damage; 4. D iseased beyond reclamation , or the co ndition of which is a sou rce of present danger to hea lt hy trees in the vicinity, providi ng t hat a n i nspection and notice attesting to such fac t has been completed by a sta te l icensed pest control ad vi sor o r arborist; 5. Obstruc tin g curb, gutter or sidewalk repair, o r in t he way of a new cu rb , gutter or sidewalk for wh ich an e xc eption to standard design is determined by the director to be inconsisten t with establi shed po lic ies and standards for public tree p lanting and maintenance ; 6. In dangerous proxim ity to existing structures or interferi ng with exis ting uti lities; 7. C ausi ng excessive damage to curbs , gutters , sidewalks, or d riveways ; 8. Obstru cting proposed improvements so as to restrict economic enjoyment of the adjacent property, incl uding th e construction or safe use of a driveway or pa r king space for wh ich a per mit has been issued , unless such tree has been designated as an exceptional specimen t ree ; Ordinance No. 15 -1 007 Pag e 2 9 . Crowded by other trees and good ho rt icultu ra l practices d ictate remova l of some of them ; 10. Otherwise hea lthy , but the remo val of which is considered desirable because it is a proven nu is ance species and/or in order to achieve a properly staged tree r ep lace men t sched ul e whi ch ena bles several generations of trees to exist simu ltaneously ; 11 . Ca us ing an allergic reacti on to a property owner w hose property is adjacent to th e public tree . The property owner must provide a certifica t ion from a physic ian licensed to pra ctice in Californ ia that the tree is caus ing the property owner to suffe r all ergic react ions . Except io nal speci men trees may not be removed p urs uant to this subsec tio n 3-4D -9A 11; 12 . In co mpatib le with the growing space or unsuita bl e for use in its present locat ion ; 13 . To facilitate hardscape rep airs that cannot be comple ted w ithout severe root pru n ing or other actio n that wo uld jeopardize the health and stability of the tree . SECTION 2. Th e City C lerk sha ll cert ify to the passage and adoption of th is Ord inance an d sha ll cause the same to be published according to law. PA SSED , APPROVED AND ADOP TED on this 20th day of October, 2015 . MAYOR ATTE ST: A PPROVED AS TO FORM : City Cler k City Attorney I, City Clerk of the Ci ty of Tem p le C ity , hereby certify that the forego ing Ordinance No. 15-1007 was introduced at the regular meeting of the C ity Co un c il of the C ity of Temple City held on th e 6t h day of October 2015 and was dul y passed , approved and adopted by sa id Council , app roved and signed by th e Mayor and att este d to by the City Clerk at the regular mee ting held on the 20th day of October 2015 by the fo llowi ng vote : AYES : NO ES : ABSENT: City Clerk Counci lmember- Cou nci lmember- Cou ncilmem ber-