O1242
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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.
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(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
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(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
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(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.
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(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.
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(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
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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
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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
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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.
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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
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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
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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
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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
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~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,
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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
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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:
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Robert M. Myers U
C1 ty Attorney
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ADOPTED AND APPROVED THIS
26th
DAY
OF
January
. 1982.
-n;) r
rArfL/?j:ti dcJI 9~
/ MAYOR ()
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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