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O1242 ~ . e CA: RMM:MD: se Clty Councll Meeting 1-26-82 Santa Monlca, Callfornla ORDINANCE NUMBER 1242 (City Councll Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE TREE CODE OF THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS Fa LLOWS ; SECTION 1. Chapter 6 of Artlcle VII of the Santa Monlca MuniClpal Code is amended to read as follows: Chapter 6 -- Tree Code Sectlon 7600. De f lnl tlons. For the purposes of thiS Chapter, whenever the followlng words or phrases are used, the lntent and rneanlng shall be lnterpreted as follows: (a) parkways. That portl.on of a publiC street rlght-of-way lYlng between the curb and s1dewalk. (b) Trees. Trees planted or to be planted In the varlOUS parkways along Clty streets. (c) Owner. The legal owners of the real property frontlng upon the streets of the Clty. 1 e e- (d) Tree or Trees. Trees, plants, or shrubs. (e) Street. That portlon of a street right-af-way w~thln any tree district. Section 7601. Tree Districts. The C~ty of Santa Monica is diVided 1nto 27 tree d1strlcts, WhiCh districts are delineated on a map on file 1n the offlce of the City Engineer, being Map Number 2433. Section 7602. Approved Trees. The follOWing trees are approved for plant1ng 1n parkways along streets Within the Clty, subJect to provlsions hereinafter speclf1ed for des1gnatlng the off1clal tree for each street 1n each tree d1strlct: (a) GROUP A. W1dth of Parkway not less than two feet: (I) Preferred Trees: Trachycarpus fortunel (Windmill palm)i Call1stemon c~trlnus (Lemon Bottle Brush); Myoporum laetum (Myoparum). (2) Least Preferred Trees: Nerlum Oleander (Oleander); Podocarpus macrophyllus (Yew Pine). (b) GROUP B. less than four feet: W1dth of Parkway not 2 e e (1) Preferred Trees: CupanIopsls anacardloIdes (Carrotwood)i Er~obotrya deflexa (Bronze loquat); Eucalyptus slderoxylon "rosea" (Red Ironbark); Jacaranda m~mos~fol~ai Melaleuca qUlnquenervla (caJeput tree); Plttosporum undulatum (Vlctorlan box); Podocarpus graclllor (Fern Plne); Metro- slderos excels a (New Zealand ChrIstmas Tree); Arecastrum romanzofflanum (Cocos Palm): ButIa capltata (Plndo palm). (2) Least Preferred Trees: Ficus mlcrocarpa nItlda (Indlan Laurel); FICUS retusa (Laurel Flg); prunus carollnlana (CarolIna Cherry): phoenlx canarlenS1S (Canary Island Date palm). (c) GROUP C. width of Parkway not less that SIX feet: (1) Preferred Trees: Clnnamomum camphora (Camphor Tree); Glnkgo bIloba (MaldenhaIr Tree); Llquldambar styraclflua "Palo Alto" (Sweet Gum); MagnolIa grandlflora (Southern Magnol~a): PInus canarlensls (Canary Island PIne); pyrus kawakaml (Evergreen Pear); Trlstanla conferta (BrIsbane Box): Schlnus tereblnthlfollUS (Brazlllan Pepper); Washlngtonla flllfera 3 e e (Callforn1a Fan palm); Washlngtonla robusta (Mexican Fan Palm). (2) Least Preferred Trees: Cera- tonla s111qua (Carob Tree); Eucalyptus fIc1fo11a (Red FlowerIng Gum); Brachychlton dlverslfollUS (Bottle Tree). (d) GROUP D. Width of parkway not less than eIght feet: (1) Preferred Trees: Alnus rhom- bIfolla (WhIte Alder); Llrlodendron tullplfera (Tulip Tree); PInus pInea (ItalIan Stone PIne); FICUS rub1g1nosa (Rusty Leaf FIg); Ulmus parvlfolla (Evergreen Elm). (2) Least Preferred Trees: Plat- anus acerltolla (London halepensls (Aleppo pIne). (e} GROUP E. Width plane); pinus of parkway not less than ten feet: (1) Preferred Trees: Cedrus at- lantica (Atlas Cedar); F1CUS macrophylla (Moreton Bay FIg). (2) Least preferred Trees: Ced- rus deodara (Deodar Cedar). (f) GROUP F. Tree Wells: (1) Preferred Trees: Any tree lIsted as a preferred tree In Groups A, B, C, D, and E. 4 e e (2) Least Preferred Trees: Any tree llsted as a least preferred tree In Groups A, B, C, D, and E. The followIng trees are prohIbIted from plantIng In parkways along streets wIthIn the CIty: Dodonaea Vlscosa (Hop Seed Bush); AcaCIa melanoxylon (Blackwood AcacIa); Casuarlna cunnlnghamlana (HorsetaIl Tree); Grevlllea robusta (SIlk Oak); Ilex altaclarenslS Wllsonll (Wllson Holly); Plnus radlata (Monterey Plne); CryptomerIa ]apOnLCa (Japanese Cedar); Quercus Ilex (Holly Oak). SectIon 7603. OffICIal Tree. The DIrector of RecreatIon and Parks IS authorlzed and dIrected to deSIgnate eXIstIng trees as the offlclal trees where such trees In the opInIon of the DIrector of RecreatIon and Parks fulfIll the followlng crlterla: (a) The trees and root system are not dIseased or vulnerable to dIsease In the area. {b} The root system 1S adequate to support the trees durIng WIndstorms of lntensltles recorded ln past years. (c) Tree roots are not extremely damaging to curbs and sIdewalks. 5 e e (d) Over 50 percent of street frontage 1S now planted w1th one spec1es. No tree shall be planted 1n any parkway untll an offlc1al tree has been des1gnated by the Dlrector of Recreat10n and Parks. If, 1n the op1n1on of the D1rector of Recreat10n and Parks the trees along any street do not fulflll the cr1terla set forth above, the D1rector of Recreat10n and Parks shall deslgnate one of the approved trees llsted 10 Sectlon 7602 as the offlc1al tree for the street. An offlclal tree shall be des1gnated by the D1rector of RecreatLon and Parks for each street 1n each tree d1strlct. All new trees must be 1D the preferred category set forth 1D SectloD 7602. Replacement trees may be from the least preferred category but only after the D1rector of Recreatlon and Parks has determ1ned that such replacement tree 1S conSIstent W1th nelghborhood needs. Sectlon 7604. Tree Maps. The DIrector of RecreatIon and Parks shall ma1nta1n a separate set of maps to be entItled "Des1gnated Off1c1al Trees for Parkways Along Clty Streets Wlth1n Santa Mon1ca." Whenever an offlclal tree has been des1gnated for any 6 e e street, the Dlrector of Recreation and Parks shall enter the name of such tree and the date of deslgnatlon upon sald maps. Sectlon 7605. Tree SpaClng. If trees are to removed and replanted, or If trees are to be planted 1n a parkway where trees have not been planted prevlously, the locatIon for plantIng of new trees shall be deslgnated by the Dlrector of RecreatIon and Parks and shall be at or near the center of each lot or parcel under one ownershIp, provided that the frontage of such lot or parcel IS not less than 40 feet nor more than 60 feet. The DIrector of RecreatIon and parks shall determIne the spacIng of trees for lots or parcels whose street frontage is less than 40 feet or more than 60 feet. SectIon 7606. Tree PlantIng POllCY. The cost ot plantIng or replanting trees In parkways In reSIdential dlstrlcts shall be borne by the Clty as funds for thls purpose are prOVided by the CIty Councll, exceptlng the plantIng of trees In new subdlvIsIons or pursuant to SectIon 7607. The CIty Manager shall present to the Clty Councll annually a recommended tree plantlng program for lts 7 e e conslderatlon. The Clty w~ll bear the expense of tree malntenance from the date of plantlng. The Clty shall be responslble for the expense of and shall remove and dlspose of all trees located 1n sa~d parkways that, In the oplnlon of the DIrector of RecreatIon and parks, are dead, dIseased, or dYIng and beyond recovery, blown down In wIndstorm or destroyed from any cause or actIon over WhIch the property owner has no control. The Clty shall replant sald trees with the offICIal tree for sald street at Clty expense. Sectlon 7607. Tree PlantIng procedure When Tax Funds Not Avallable. All tree plantIng shall be under the superVIsIon of the Dlrector of Recreatlon and parks. After the offICIal tree for any street has been deslgnated, owners of property fronting on such street deslrlng trees planted 1n the parkway frontlng along sa1d property may depoSIt WIth the Clty Treasurer a sum of money determined by the Dlrector of Recreatlon and Parks to be the cost to the CIty for sald tree planting, such sum to Include the cost of furnlshlng all labor, materIals, and equlpment. After the deposit 8 e e of the money, the D~rector of Recreat~on and Parks shall proceed w~th the plant~ng of sa~d trees. In lleu of deposItIng money with the CIty Treasurer for tree plant~ng, any owner of property frontIng on any street where tree plantIng 1S deSIred may f1le WIth the Dlrector of General Services a petitlon to 1nltlate assessment proceedIngs for tree plantIng. The petItIon shall be In the form prescrIbed by the DIrector of General SerVlces. Sectlon 7608. ResponSlblllty of DIrector of RecreatIon and Parks. It shall be the duty of the DIrector of RecreatIon and parks to superVIse the plantlng, trImmIng, prunIng, malntenance, and care for all trees, shrubs, or plants located 1n parkways and to superVIse the removal of all obJectlonable trees, shrubs, or plants In and upon any parkways 1n the CIty. The branches and leaves of all mature trees ln parkways shall be so trlmmed and pruned that there shall be at least seven feet clear space between the surface of the SIdewalks and the overhangIng leaves or branches. 9 e e Section 7609. Parkway Trees 1n Subdiv1s1ons. All trees planted Ln any parkway ln a new subdivlslon shall be ln accordance wlth the rules and regulatlons of the D1rector of RecreatIon and parks and shall be pald for by the subdlvlder. The CIty CouncIl may requ~re any subdlvlder to deposlt approprlate secur~ty for planting along the parkways of any new subdlvlslon before apprOVIng any subdlVlSlon map. Sect~on 7610. Permlt Requlrements. No person, fIrm, or corporatlon shall remove, cut, trIm, prune, plant, injUre, or Interfere wIth any tree, shrub, or plant upon any street or public place of the Clty wlthout a permlt therefor from the Dlrector of RecreatIon and Parks or D1rector of General ServIces. The permlt may be granted on the condItIon that the owner or authorlzed representatlve bear the cost of removal and on the condltlon that the owner or authorIzed representatIve bear the cost of replantIng any tree, shrubs, or plant. The permIt shall become and be vOld unless work IS completed wIthln 30 calendar days from the date of Issuance of the permIt. The tIme for completIon of the work required by the permIt 10 e e may be extended by the Dlrector of Recreat10n and Parks or DIrector of General SerVIces as may best serve the Interest of the Clty. The Dlrector of RecreatIon and parks may requlre the postIng of a cash deposIt or bond In such amount as he or she deems sufflclent to secure the completlon of the work, and to ~ndemnlfy the CIty agalnst any damages to publIC property arIsIng from th exerCIse of rIghts granted under the permIt and to Include the cost of inspectIon~ SectIon 7611. Interference WIth Utlllty Structures. Any person, firm, or corporatIon maIntalnlng any overhead W1res or pIpes or underground condults along or across any street, park, boulevard, alley, or publlc place of the C~ty or ownlng any property abutting upon any street, park, or publlc place of sald CIty, des~rlng to have any tree, shrub, or plant cut, trImmed, pruned, or removed may fIle WIth the DIrector of RecreatIon and Parks a written request that such work be done, and such request shall descrlbe the work deSIred to be done, and It shall be wlthln the dIscreton of the DIrector of Recreatlon and Parks to requlre a wrItten agreement upon the part of the petItloner to 11 . e pay the cost thereof and the manner stipulated by Recreat~on and parks before any perm~t hereunder. to do such work ~n the D~rector of the ~ssuance of SectIon 7612. Interference wlth Admlnlstrat1on. No person, f1rm, or corporatIon shall ~nterfere w~th the D1rector of Recreat~on and Parks, the DIrector of General SerV1ces or persons act~ng under theIr authorIty wh1le engaged 1n plant1ng, mulchIng, prunIng, trImmIng, spraYIng, treatIng, or removIng any tree, shrub, or plant 1n any street In the City or in the remov1ng of any stone, cement, or other substance from about the trunk of any tree, shrub, or plant in any such street. SectIon 7613. Intentlonal Damage. No person, f'lrm, or corporatIon shall cause, authorIze, or procure any brlne water, 011, l~qUld dye, or other substance deleterlous to tree l~fe, to lIe, leak, pour, flow or dr1p upon or Into the SOLI about the base of any tree shrub, or plant In any street, park, or publIC place of the CIty or onto any s~dewalk, gutter, road, or pavement WIthIn the Clty at a pOInt from whlch such substance 12 e e may be lYlng upon or by flowlng, drlpplng, or seeplng Into such 5011 InJure such tree, shrub, or plant, or to otherw~se haem or k~ll any such tree, shrub, or plant. No person, flrm, or corporatlon wlhout the approval of the Director of RecreatIon and Parks shall place or maIntaln any stone, cement, or other substance so that it shall Impede the free access of water or aIr to the roots of any tree, shrub, or plant In any street, park, or public place of the Clty. Sectlon 7614. Attachments to Trees. No person, flrm, or corporatIon wlthout the permIssIon of the DIrector of RecreatIon and Parksshall attach or keep attached to any tree, shrub, or plant In any street, park, pleasure ground, boulevard, or other guard or stake Intended for the protectIon thereof, any WIre, rope, SIgn, or any other devlce whatsoever. It shall be unlawful to plant or permIt to grow any VInes or other plantings that would Interfere wIth the growth or maIntenance of parkway trees. DurIng removal the 7615. ProtectIon of Trees. erectlon, repalr, alteratIon or SectIon of any bUIldIng, house, or structure 13 ~ . e ~n the C~ty, any person, f~rm or corporat~on ~n charge of such work shall protect any tree, shrub or plant In any street, park, boulevard, or publ1C place in the C1ty in the V~cIn~ty of such bUIld~ng or structure wIth suff~cIent guards or protectors as shall prevent ~nJury to sald tree, shrub or plant ar1sIng out of or by reason of saId erectIon, repaIr, alteratIon or removal. SectIon 7616. PrunIng or Removal of Hazardous Trees. The DIrector of RecreatIon and Parks or DIrector of General SerVIces may inspect any tree, shrub, or plant upon any street, park, alley, or publIC place or the CIty, or any tree, shrub, or plant standing on any private property WhICh overhangs or proJects Into any street, park, alley, or public place of the City to determIne whether the same or any part thereof IS In such condltlon as to constItute a hazard or an Imped1ment to the progress or VISIon of anyone travelIng on saId street, park, alley, or publIC place or 1mpedes or Interferes w1th the growth of trees located 1n parkways. If, In the opInIon of the D1rector of Recreat10n and Parks any such tree, shrub, or plant IS hazardous to the travellng publIC, 14 . e operatIon of vehIcles, or lmpedes the progress or the V1Slon of sald publlC on any such street, park, alley, or publIC place, or lmpedes or Interferes wIth the growth of any tree In any parkway, he or she may cause such part or parts thereof as are hazardous or an lmpedlment to be trlmmed so as to remedy such condItIon. Nothlng contained hereln shall be deemed to impose any llablllty upon the CIty, Its offlcers or employees, nor to relleve the owner of any prIvate property from the duty to keep any tree, shrub, or plant on the property or under hIS or her control In such a condItIon as to prevent It from constitutIng a hazard or an ImpedIment to travel or VlSlon upon any street, park, alley, or publlC place wItIn the CIty or an ImpedIment or interference to the growth of any tree located In any parkway. SECTION 2. Any provIsIon of the Santa MonIca MunICIpal Code or appendlces thereto Inconslstent wlth the provIsIons of thIS ordlnance, to the extent of such InconSIstencIes and no further, are hereby repealed or modIfIed to that extent necessary to affect the provlslons of thIS ordInance. SECTION 3. If any sectIon, subsection, sentence, clause, or phrase of thIS ordinance lS for any reason held to be InvalId 15 ~ . e or unconst~tutlonal by a deC~Slon of any court of any competent )Ur~sdIctIon, such dec~slon shall not affect the valldity of the remaInlng portIons of the ordInance. The Clty Councll hereby declares that It would have passed thIS ordInance and each and every sectlon, subsectIon, sentence, clause or phrase not declared Inval~d or unconstltutlonal w1thout regard to whether any portlon of the ordInance would be subsequently declared 1nval1d or unconstltut1onal. SECTION 4. The Mayor shall sIgn and the City Clerk shall attest to the passage of thIS ordInance. ThIS CIty Clerk shall cause the same to be publ1shed once In the offIcIal newspaper wIthln 15 days after Its adoptIon. The ord1nance shall become effectIve after 30 days from Its adoptIon. APPROVED AS TO FORM: ~""'.~ Robert M. Myers U C1 ty Attorney 16 It; !:- ,. . e ADOPTED AND APPROVED THIS 26th DAY OF January . 1982. -n;) r rArfL/?j:ti dcJI 9~ / MAYOR () i -'-" I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE. NO. 1242 (ces), WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 19th DAY OF January 1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 26th DAY OF January 1982 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Edwards, Jennlngs, Reed, Zane, Mayor Yannatta Goldway NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Press ABSTAIN: COUNCILMEMBERS: None ATTEST: . a~7J~ CITY CLERK