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HomeMy Public PortalAbout06) 7C Second Reading and Adoption of Ordinance 15-1007 Tree Preservation and ProtectionDATE: TO: FROM: SUBJECT: PARKS AND RECREATION DEPARTMENT MEMORANDUM October 20 , 2015 The Honorable City Council Bryan Cook, City Manager ,{),_, By: Cathy Burroughs , Director of Parks and Recreation Cy AGENDA ITEM 7.C. SECOND READING AND ADOPTION 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 requ ested to waive further reading and adopt Ordinance No . 15- 1007 (Attachment "A") amending sections 3-4D-6 and 3-4D-9 of the Temp le City Municipal Code (TCMC) relative to tree preservation and protection incorporating Cou ncil comments from the October 6, 2015 reg ular meeting . BACKGROUND: On October 6 , 20 15, the City Council introduced Ordinance No. 15-1007 for first reading, by title only, amending two sections of Chapter 4 , Article D . TREE PRESERVATION AND PROTECTION of the T CMC. The proposed amendments included additiona l criteria for removal of City owned trees . Staff responded to questions from Councilmembers a nd th e public. ANALYSIS : As provided in the staff report for the October 6 , 2015 City Council Meeting (Attachment "B"), the City of Temple City cu rrently owns and is responsible for maintenance of over 5,800 trees, val ued at over $18 mi lli o n , located in the public right-of-way, parks , and parking lots . To protect this significant investment the City Council adopted a Tree Preservation and Protection Ordinance (O rdin ance No. 13-983) in December 2013 which reflects current best practices relative to public trees and established policies , procedures , and expectations for City-owned trees located in public right-of-way. City Council October 20 , 2015 Page 2 of 2 Since adoption of Ordinance 13-983 , staff has become aware of a few sections that requ ired clarification and/or additions including §3-40-6 which requires approval of the City prior to planti ng trees or shrubs in the public right-of-way and §3-40-9 which specifies criteria for removal of public trees . Duri ng City Co unci l discussion on October 6 , 2015 , the City Council directed staff to remove the fo llowing sect ion from the proposed ordina nce : 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 transferring the responsibility 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 . Ordinance No . 15-1 007 has been revised to reflect this change . CONCLUSION : The City Council is requested to adopt Ordinance No . 15-1007 amending sections 3- 40-6 and 3-40-9 of the Temple City Municipal Code (TCMC) relative to tree preservation and protection . FISCAL IMPACT : This item does not have an impact on the Fiscal Year (FY) 2015-16 City Budget. ATTACHMENTS: A. Ordinance No. 15-1007 B . October 6, 2015 City Council Staff Report 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 COUNCI L OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1 . Sections 3-4D-6 AND 3-4D-9 of the Temple C ity Mun ici pal Code are hereby amended to read as fo llows . Add it ions are underlined, and de letions are struGk-Gtlt . § 3-4D -6: APPROVAL PRIOR TO PLANTING : No tree or shrub shall be planted Ety-a ~eF in the publ ic right of way of the c ity unless the director or his/her designee first approves the kind and varie ty , des ignates the location t herefor, and gra nt s a permit for plant ing pursua nt to section 3-4 D -1 0 of th is articl e. Any tree planted without a permit, or any tree that voluntar il y grows in a public area th is is not an approved species . or is not located in a desirable area . shall be removed by th e property owner or by the cit y. § 3-4D-9: REMOVAL OF PUBLIC TREES : A . Criteria fo r R emoval : The city values trees as an important part of the environment and shall strive to preserve them whenever poss ible and feas ible . Subject to provision s of this art icle , the director or his/he r designee s ha ll be respons ib le for inspection , maintenance , re m ova l and replaceme nt of public trees , a nd may cause public trees to be removed , or permit the remova l of a publi c tree pursuant to a perm it , if they are deemed to be : 1 Dead ; 2. Dy ing , decayed or hazardous, or so weake ned by age , disease , storm , fire , excavation , remo val of adja cent trees , or any injury so as to cause im m inent danger to persons or property; 3. Structu rally unso und due to an abnorma l and un correc table structure or appearance due to severe prun in g o r storm damage; 4 Diseased beyond reclama tion , or the condition of which is a source of present danger to health y trees in th e vicin ity , provi d ing that an inspection and notice attestin g to su ch fac t has been completed by a state licensed pest contro l ad visor or a rbo rist; 5. Obstructin g curb , gutter or sidewalk repair , or in the way of a new curb , gutter or sidewalk for wh ic h an exception to standard design is determined by the d irector to be incons istent with estab lished policies and standards fo r pub li c tree planting and maintenance; 6 . In dangerous proxi mity to existing structures or interfering with existing utilities; 7. Caus ing excessiv e damage to cu r bs , gutters , s id ewalks, or driveways ; 8 Obstruc ting proposed imp rove ments so as to restrict economic en joyment of the adjacen t property , includ ing the constru ction or safe use of a driveway or pa rkin g space fo r wh ic h a permit has be en issue d , unless su ch tree has been de signa ted as an exceptional specimen tree ; 9. Crowded by other trees and good horticultural practices d ic tate re moval of some of them ; 10. Oth erwise health y, but the remova l of which is considered desirable because it is a prove n nu is ance species and /or in order to ach ie ve a properly staged tree replacement sch edule w hich enables several generations of trees to exist simultaneous ly ; 1 1. Causing an a lle rg ic react io n to a property owner whose property is ad j acent to th e public tree . The prope rt y owner must p rovi de a certification from a phys ician Ord inance No 15-1 007 Page 2 licensed to practice in California that the tree is causmg the property owner to suffer allergic reactions . Exceptional specimen trees may not be removed pursuant to this subsection 3-4D-9A 11 ; 12 Incompatible with 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 . SECTION 2 . The City Clerk shall certify to the passage and adoption of this Ord in ance and shall cause the same to be published accord ing to law. PASSED , APPROVED AND ADOPTED on th is 20 1h day of October, 2015 . MAYOR ATTEST APPROVED AS TO FORM : City Clerk City Attorney I, C1ty Clerk of the City of Temple City, hereby certify that the foregoing Ord inance No . 15-1007 was introduced at the regular meeting of the City Council of the City of Temple C ity held on the 61h day of October 2015 and was duly passed , approved and adopted by sa id Council, approved and signed by the Mayor and attested to by the City Cle r k at the regular meeting held on the 201h day of October 2015 by the following vote : AYES : NOES . ABSENT. City Clerk Councilmember- Councilmember- Councilmember- ATTACHMENT B PARKS AND RECREAT ION DEPARTME NT MEMORANDU M DATE : October 6, 2015 TO : The Ho norable City Cou ncil FROM: Bryan Cook, City Manager By: Ca thy Burroughs, Director of Parks and Recreation SUBJECT: FIRST READING AND INTRODUCTION O F O RDINAN C E NO . 15-1007 AMENDING CHAPTER 4 , ARTICLE D OF THE T EM PLE CITY MUNICIPAL CODE RELATIVE TO TREE PRESERVATIO N AND PROTECTION RECOMMENDATION: The City Council is requested to : a) Introduce Ordinance No . 15-1007 (Attachment "A") for first reading by title only, amending sectio ns 3-4D-6 and 3-4 D-9 of the Temple City Municipal Code (TC MC); b) Waive further reading of Ordinance No. 15-1 007 ; and c) Schedule the seco nd reading of Ord inance No . 15-1007 for Octo ber 20 , 2015. BACKGROUND : 1. On July 1, 20 10, th e Parks and Recrea ti on Departme nt assumed all duties of, and responsibilities for the City's trees and pa rkways program . 2. On February 19, 2013, the City Co u ncil adopted Ordinance No. 13-966 amending Section 2607 of the TCMC relative to the duties of the Parks and Re creation Co mmissio n. The proposed ord i nance revised the duties of the Parks and Recreation Co m mission to include review and oversight of programs , plans , policies , and budgets for trees and parkways . 3. O n Octobe r 16, 2013, afte r months of study , the Parks and Re creatio n Comm ission recommended a pprova l of a revised tree ordinance that would repeal Article D of t he TCMC (Roadside Trees) and replace it with a new Tree Preservation and Protection ordinance. 4. On December 3, 2013 , the City Council adopted Ordinan ce No . 13-983, as City Council O ctober 6 , 2015 Page 2 of 3 recommended by the Parks 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 practices relative to public trees and established policies , procedures , and expectations for City-owned trees located in public rights of way. 5 . On August 19 , 2015, the Parks and Re creation Commission considered various amendments to the Tree Preservation and Protectio n Ord inance and recommended approval to the City Council. 6 . On September 17, 2015 a Public Hearin g Notic e was published in the Temple City Trib une regarding proposed Ordinance No . 15-1007 . ANALYSIS : The City of Temple City currently owns and is responsible for maintenance of almost 6 ,000 trees , valued at over $22.5 million , lo cated 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 a nd recommendations as appropriate on matters involving the care and maintenance of City-owned trees ; and 2) Rev ision of the City's Roadside Tree Ordinance . Both elements were completed in 2013 with the adoption of Ordinances 13-966 and 13-983. Since adopt ion of Ordinan ce 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 ability to remove non-permitted trees , staff recommends Chapter 4 , Article D of the TCMC be amended to deal with these s ituations . For the City Council's clarification , § 3-40-9 : REMOVAL OF PUBLIC TREES , currently includes eleven (11) criteria for removal. The proposed amendment adds two additional criteria . Following are the recommended amendments to the Tree Preservation and Protection Ord inance (de letions 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 d irector or his/her designee first approves the k ind 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 October 6 , 2015 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 transferring the responsibility 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 with the growing space or unsuitable for use in its present location ; 13 . To faci litate hardscape repairs that c annot be c ompleted 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 approval to the City Council. The City Attorney reviewed the proposed amendments prior to consideratio n by the Commission. CONCLUSION: Ordinan ce 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 Budg et. ATTACHMENT: A. Ordinance No . 15-1007