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SR-509-000 (3) r-. ! ...... , If f; {" to-A JAN 2 6 1982 Santa Monica, California i~ i CA:RMM:MD:r City Council Meetlng 1-26-82 5" tf/ '7 ..- 000 STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Amendment of Tree Code At its meeting on January 19, 1982, the Clty Council introduced for first reading an ordinance amending the Tree Code. The ordinance is now presented to the City Council for adoptlon. RECOMMENDATION It is respectfully recommended that the accompanYlng ordinance be adopted. PREPARED BY: Robert M. Myers, Clty Attorney May Denitz, Deputy Clty Attorney lD-A .tAN 2 6 1~d2 f:! '.' (0 '-I ~ y~l l ,---'" - - - - ~ DISTRIBUTION OF RESOLUTION # Council Meetlng Date Agenda Item # 0-r- f -j;:~ >) "\ 0# .......'C..- ...: ~ ----- Was lt amended? c .--J":_- 0 VOTE: Affirmative: Negative: Abstain: Absent: "1 (/F ~""'/r'--' ---~/ ~ ~ CJ v,;/ i.~ r- ~..-{L' y ___,." ~j :1 ,;t:~-.:. ,~ ~ - r=:::::' it ~~'JCE # Introduced: 126ft- ~ '!k01- t F/ , ) q /(7;~ 2- , 'J ' 2<<- f d' 2-~- Adopted: * ALWAYS Pl'BLISH POOf'LtlJ ORDINANCES 6-,,~,J /!~~ ~ ' t:-/ f "\._!. DISTRIBUTION: ORIGINAL to be signed, sealed and filed in vaUlt?Z NEWSPAPER PUBLICATION (Date. 1- ~~1'-J - ~I cf~ ) c1----(/}" '. ;"--0 Departmen t orlgina ting staff report ( Aftr. y' f:. (y ) 1 City Attorney (those with their codes) Agency mentioned in document or staff report SubJect file (agenda packet) Counter file Others: Airport Parklng Auth. Auditoi:um Personnel Building Dept. EnV1Ton. Servo / Planning I Police Cen- I. ,forcement?) 1/ Purchas ing Recr/Parks v' F 1J'loa n c e Fire General Servo A Transportation Llbrary Treasurer :Manager SEND FOU~ COPIES OF ALL ORDIKANCES'TO: CODpD SYSTEMS, Attn Peter- Maclearie PROFESSIONAL CENTER, ROUTE 71 BRIELLEf NEW JERSEY 0&730 SEND FOUR COPIES OF :\T,Tr ORDT\JANrF.'3 TO: PRESIDING JUDGE SAXTA ~O~ICA MU~ICTPAL COURT 172:; ~fAI:J STREET SANTA MONICA, CA 90401 (certlfied?) 1 1 ~ ill @/ t q;/ Ie ~r TOTAL COPIES ~ CA: &'1M: MD: se C1ty Counc11 Meet1ng 1-26-82 Santa Mon1ca, Ca11forn1a ORDINANCE NUMBER 1242 (Clty Counc1l SerIes) 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 FO LLOWS : SECTION 1. Chapter 6 of ArtIcle VII of the Santa MonIca MunICIpal COde 15 amended to read as follows: Chapter 6 -- Tree Code Section 7600. Defln1 tlons. For the purposes of thIS Chapter, whenever the followlng words or phrases are used, the Intent and meanIng shall be Interpreted as follows: (a) Parkways. That port.l.on of a pub11c street r1ght-of-way lYlng between the curb and sIdewalk. (b) Trees. Trees planted or to be planted in the varIOUS parkways along CIty streets. (c) Owner. The legal owners of the real property front1ng upon the streets of the CIty. 1 (d) Tree or Trees. Trees, plants, or shrubs. (e) Street. That port1on of a street r1ght-of-way wlth1n any tree d1str1ct. Sect10n 7601. Tree Dlstr1cts. The Clty of Santa Mon1ca lS d1Vlded lnto 27 tree dlstrlcts, Wh1Ch d1str1cts are del1neated on a map on flle 1n the offlce of the Clty Englneer, belng Map Number 2433. Sectlon 7602. Approved Trees. The followlng trees are approved for plantlng in parkways along streets wlth1n the Clty, subJect to provls1ons here1nafter spec1f1ed for deslgnat1ng the offlClal tree for each street 10 each tree d1strlct: (a) GROUP A. Wldth of Parkway not less than two feet: (1) Preferred Trees: Trachycarpus fortunel (W1ndmlll palm) ; Call1sternon cltrlnus (Lemon Bottle Brush); Myoporum laetum (Myoporum). (2) Least Preferred Trees: Ner1um Oleander (Oleander); podocarpus macrophyllus (Yew ploe). (b) GROUP B. Wldtb of parkway not less than four feet: 2 (1) Preferred Trees: Cupanlopsls anacardloldes (Carrotwood); Erlobotrya deflexa (Bronze loquat); Eucalyptus sl.deroxylon IIrosea" (Red Ironbark); Jacaranda mlmoslfolla; Melaleuca qUlnquenervla (caJeput tree); Plttosporum undulatum (Vl.ctorlan box): podocarpus graclllor (Fern Plne); Metro- slderos excelsa (New Zealand Chrlstmas Tree): Arecastrum romanzofflanum (Cocos Palm); Butla capltata (Plndo palm). (2) Least Preferred Trees: F1CUS ffilcrocarpa nltlda (Indlan Laurel): F1CUS retusa (Laurel Flg); Prunus carollnlana (Carollna Cherry); phoenlx canarlenSlS (Canary Island Date Palm). (e) GROUP C. Width of parkway not less that six feet: (1) Preferred Trees: Clnnamomum camphora (Camphor Tree); Glnkgo blloba (Maldenhalr Tree); Llquldambar styraclflua "Palo Alto" (Sweet Gum): Magnolla grandlflora (Southern Magnolla); Plnus canarlenS1S (Canary Island Plue); pyrus kawakaml (Evergreen pear): Trlstanla conferta (Brlsbane Box); Schlnus tereblnthlfollUS (Brazlllan pepper); Washlngtonla flllfera 3 (Callfornla Fan Palm) ~ Washlngtonla robusta (Mexlcan Fan Palm). (2) Least Preferred Trees: Cera- tonla slllqua (Carob Tree); Eucalyptus flclfol1a (Red FlowerIng Gum); Brachychlton dlverslfollUS (Bottle Tree). (d) GROUP D. Wldth of Parkway not less than eIght feet: (1) Preferred Trees: Alnus rhom- blfolla (WhIte Alder); Llrlodendron rullp1fera (Tullp Tree); Plnus plnea (Itallan Stone Ploe); FlCUS rublglnosa (Rusty Leaf Flg); Ulmus parvlfolia (Evergreen Elm). (2) Least Preferred Trees: Plat- anus acerlfolla (London plane); Plnus halepensls (Aleppo pIne). (e) GROUP E. WIdth of Parkway not less than ten feet: (I) Preferred Trees: Cedrus at- lant1ca (Atlas Cedar); FICUS macrophylla (Moreton Bay FIg). (2) Least preferred Trees: Ced- rus deodara (Deodar Cedar). (f) GROUP F. Tree Wells: (1) Preferred Trees: Any tree Ilsted as a preferred tree 1n Groups A, B, C, 0, and E. 4 (2) Least Preferred Trees: Any tree Ilsted as a least preferred tree In Groups A, B, C, D, and E. The followIng trees are prohIbIted from plantIng 1n parkways along streets wIthIn the C~ty: Dodonaea VIscosa (Hop Seed Bush); Acac1a melanoxylon (Blackwood Acac1a); Casuar1na cunnlngham~ana (HorsetaIl Tree); GrevIllea robusta (SIlk Oak); Ilex altaclarenslS Wllsonll (WIlson Holly); Plnus ~adlata (Monterey P1ne); Cryptomerla ]apOnlCa (Japanese Cedar); Quercus llex (Holly Oak). Section 7603. Official Tree. The DIrector of RecreatIon and Parks 1S authorIzed and d1rected to deSIgnate eX1stIng trees as the offiCIal trees where such trees In the opinion of the Director of Recreat10n and Parks fulfIll the fOllOWIng cr1terIa: (a) The trees and root system are not dIseased or vulnerable to dIsease 1n the area. (b) The root system 1S adequate to support the trees durIng WIndstorms of IntenSItIes recorded In past years. (e) Tree roots are not extremely damagIng to curbs and SIdewalks. 5 (d) Over 50 percent of street frontage IS now planted wIth one specIes. No tree shall be planted In any parkway untIl an offIcIal tree has been deSIgnated by the DIrector of RecreatIon and Parks. If, In the opInIon of the DIrector of RecreatIon and Parks the trees along any street do not fulfIll the crIterIa set forth above, the DIrector of RecreatIon and Parks shall deSIgnate one of the approved trees lIsted 1n SectIon 7602 as the offICIal tree for the street. An offICIal tree shall be deSIgnated by the DIrector of RecreatIon and Parks for each street In each tree dIstrIct. All new trees must be In the preferred category set forth In SectIon 7602. Replacement trees may be from the least preferred category but only after the Director of Recrea t Ion and Parks has detennIned that such replacement tree 15 conSIstent WIth neIghborhood needs. SectIon 7604. Tree Maps. The DIrector of RecreatIon and Parks shall maIntaIn a separate set of maps to be entItled NDesIgnated OffiCIal Trees for parkways Along CIty Streets WithIn Santa MonIca. 'I Whenever an offICIal tree has been deSIgnated for any 6 street, the D~rector of Recreat~on and Parks shall enter the name of such tree and the date of deslgnat~on upon sa~d maps. Sect~on 7605. Tree Spac~ng. If trees are to removed and replanted, or If trees are to be planted 1n a parkway where trees have not been planted prev~ously, the locatlon for plant~ng of new trees shall be des1gnated by the Dlrector of Recreatlon and Parks and shall be at or near the center of each lot or parcel under one ownersh~p, prov~ded that the frontage of such lot or parcells not less than 40 feet nor more than 60 feet. The Dlrector of Recreatlon and Parks shall determlne the spaclng of trees for lots or parcels whose street frontage 15 less than 40 feet or more than 60 feet. ~ Sect10n 7606. Tree Plantlng PollCY. The cost at plantlng or replant1ng trees 1n parkways 1n res~dentlal dlstrlcts shall be borne by the Clty as funds for th1S purpose are provlded by the Clty Council, exceptlng the plantlng of trees 1n new subd1V1S1ons or pursuant to Sectlon 7607. The C1ty Manager shall present to the C1ty Cauncll annually a recommended tree plantlng program for lts 7 conslderatlon. The Clty wlll 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 10 sald parkways that, In the opln10n of the D1rector of Recreatlon and Parks, are dead, d1seased, or dYlng and beyond recovery, blown down 10 windstorm or destroyed from any cause or actlon over WhlCh the property owner has no control. The Clty shall replant sald trees wlth the offlclal tree for said street at Clty expense. ~ Sectlon 7607. Tree Plantlng Procedure When Tax Funds Not Ava1lable. All tree plantlng shall be under the supervlslon of the Dlrector of Recreatlon and Parks. After the offlclal tree for any street has been deslgnated, owners of property frontlng on such street deslr1ng trees planted 1n the parkway frontlng along sald property may deposlt wlth the Clty Treasurer a sum of money deter.mlned by the Dlrector of Recreation and parks to be the cost to the Clty for Bald tree plaotlng, such sum to lnclude the cost of furn1shlog all labor, materlals, and equlpment. After the depos1t 8 , of the money, the Dlrector of Recreatlon and Parks shall proceed wlth the plantlng of sald trees. In lleu of depositlng money wlth the Clty Treasurer for tree plantlng, any owner of property frontlng on any street where tree plantlng lS deslred may flle wlth the Dlrector of General Servlces a petltlon to lnltlate assessment proceedlngs for tree plantlng. The petltlon shall be 1n the form prescrlbed by the Dlrector of General SerVlces. J Sectlon 7608. Respons1blllty of D1rector of Recreatlon and Parks. It shall be the duty of the Dlrector of Recreatlon and Parks to supervise the plantlng, trlmmlng, pruning, malntenance, and care for all trees, shrubs, or plants located 1n parkways and to supervise the removal of all Ob]ectlonable trees, shrubs, or plants in and upon any parkways 1n the C1ty. The branches and leaves of all mature trees 1n parkways shall be so trlmmed and pruned that there shall be at least seven feet clear space between the surface of the sldewalks and the overhanglng leaves or branches. 9 Sect~on Subd1v1s1ons. 7609. All parkway Trees trees planted 1n subd1v~s1on shall ~n any be 1n parkway in a new accordance w1th the rules and regulat~ons of the D1rector or Recreat~on and parks and shall be pa1d for by the subd~vIder. The C1ty Counc1l may requ1re any subd1vlder to depoSIt appropr1ate securIty for plant1ng along the parkways of any new subd1v151on before approvIng any subdlvlsIon map. Sect10n 7610. PermIt Requ1rements. No person, fIrm, or corporat1on shall remove, cut, tr1m, prune, plant, 1nJure, or 1nterfere w1th any tree, shrub, or plant upon any street or public place of the C1ty w1thout a per.m~t therefor from the Director of RecreatIon and Parks or D~rector of General Serv1ces. The perm1t may be granted on the condItIon that the owner or author1zed representatIve bear the cost of removal and on the cond1tlon that the owner or author~zed representatIve bear the cost of replantIng any tree, shrubs, or plant. The perm1t shall become and be v01d unless work 15 completed WIthIn 30 calendar days from the date of Issuance of the permIt. The tIme for complet~on of the work requIred by the permIt 10 may be extended by the D~rector of Recreat~on and Parks or Dlrector of General Servlces as may best serve the 1nterest of the Clty. The D1rector of Recreatlon and Parks may requlre the postlng of a cash deposlt or bond 1n such amount as he or she deems sufflClent to secure the completlon of the work, and to indemnlfy the Clty agalnst any damages to publlC property arlslng from th exerClse of rlghts granted under the permlt and to 1nc1ude the cost of lnspectlon. Section 7611. Interference wlth Uti11ty Structures. Any person, flrm, or corporat1on malntalnlng any overhead Wlres or pipes or underground condults along or across any street, park, boulevard, alley, or publlC place of the Clty or ownlng any property abutting upon any street, park, or publlC place of said Clty, deslrlng to have any tree, shrub, or plant cut, trlmmed, pruned, or removed may flle wlth the Dlrector of Recreatlon and Parks a wrltten request that such work be done, and such request shall descrlbe the work desired to be done, and 1t shall be wlthin the discreton of the Dlrector of Recreatlon and Parks to requlre a wrltten agreement upon the part of the petltloner to 11 pay the cost thereof and the manner stIpulated by RecreatIon and Parks before to do such work In the DIrector of the Issuance of any permlt hereunder. SectIon 7612. Interference wIth AdmLnlstratlon. No person, fLrm, or corporatlon shall Interfere wIth the DIrector of RecreatIon and parks, the DIrector of General SerVIces or persons actIng under theIr authorIty whIle engaged in plantlng, mulchIng, prunIng, trlmmlng, spraYIng, treatlng, or removIng any tree, shrub, or plant in any street in the CIty or In the removIng of any stone, cement, or other substance from about the trunk of any tree, shrub, or plant in any such street. SectIon 7613. IntentIonal Damage. No person, ~lrm, or corporatIon shall cause, authorIze, or procure any brine water, all, lIquid dye, or other substance deleterIOUS to tree lIfe, to 11e, leak, pour, flow or drlp upon or Into the SOlI about the base of any tree shrub, or plant in any street, park, or publIC place of the Clty or onto any sldewalk, gutter, road, or pavement WIthIn the Clty at a poInt from WhICh such substance 12 may be ly~ng upon or by flow~ng, dr~pp~ng, or seep~ng lnto such so~l ~nJure such tree, shrub, or plant, or to otherw~se harm or klll any such tree, shrub, or plant. No person, flrm, or corporat~on w~hout the approval of the D1rector of Recreat~on and Parks shall place or ma~ntaln any stone, cement, or other substance so that ~t shall 1mpede the free access of water or a1r to the roots of any tree, shrub, or plant 1n any street, park, or publ~c place of the C~ty. Sectlon 7614. Attachments to Trees. No person, f~rm, or corporat~on w~thout the permlss10n of the Dlrector of Recreatlon and Parksshall attach or keep attached to any tree, shrub, or plant ~n any street, park, pleasure ground, boulevard, or other guard or stake intended for the protectlon thereof, any W1re, rope, s~gn, or any other dev~ce whatsoever. It shall be unlawful to plant or permlt to grow any Vlnes or other plantlngs that would ~nterfere wlth the growth or malntenance of parkway trees. Sectlon 7615. Protectlon of Trees. Durlng removal the erectlon, repair, alteratlon or of any bUlldlng, house, or structure 13 1n the C1ty, any person, flrID or corporatlon 1n charge of such work shall protect any tree, shrub or plant 1n any street, park, boulevard, or publ1c place 1n the C1ty 1n the vIclnlty of such bU1ld1ng or structure wIth suff1c1ent guards or protectors as shall prevent InJury to sald tree, shrub or plant ar1s1ng out of or by reason of sald erect1on, repalr, a1terat1on or removal. Sect10n 7616. Prun1ng or Removal of Hazardous Trees. The Dlrector of Recreatlon and Parks or D1rector of General SerVIces may lnspect 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 pub11c place of the C1ty to determ1ne whether the same or any part thereof 1S 1n such cond1tlon as to constltute a hazard or an 1mped1ment to the progress or V1SIon of anyone travellng on sald street, park, alley, or publIC place or 1mpedes or Interferes WIth the growth of trees located 1n parkways. If, 10 the op1nIon of the D1rector of RecreatIon and parks any such tree, shrub, or plant 15 hazardous to the travelIng publlC, 14 operat~on of vehlcles, or lmpedes the progress or the VISIon of sald publIC on any such street, park, alley, or publlC place, or unpedes or lnterferes wlth the growth of any tree ln any parkway, he or she may cause such part or parts thereof as are hazardous or an ~pedlment to be trImmed so as to remedy such condlt~on. Nothlng contalned hereln shall be deemed to lmpose any llab~l~ty upon the C~ty, l~S off1cers or employees, nor to relIeve 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 cond1t1on as to prevent 1t from constItut1ng a hazard or an ImpedIment to travel or V1s~on upon any street, park, alley, or pUblIC place wltln the Clty or an ImpedIment or interference to the growth of any tree located In any parkway. SECTION 2. Any prOVISIon of the Santa Monica Munlclpal Code or appendIces thereto Inconslstent WIth the provIs1ons of thIS ordInance, to the extent of such lnconslstencles and no further, are hereby repealed or modlfled to that extent necessary to affect the provIslons of thlS ordlnance. SECTION 3. If any sectlon, subsectIon, sentence, clause, or phrase of thIS ordlnance 1S for any reason held to be Invalld 15 . . or unconstltutlonal by a declslon of any court of any competent Jurlsdictlon, such declslon shall not affect the valldlty of the remalnlng portlons of the ordlnance. The City Councll hereby declares that it would have passed thls ordlnance and each and every section, subsection, sentence, clause or phrase not declared lnvalld or unconstltutlonal wlthout regard to whether any portlon of the ordlnance would be subsequently d~clared lnval1d or unconstltutlonal. SECTION 4. The Mayor shall slgn and the Clty Clerk shall attest to the passage of thlS ordlnance. ThlS Clty Clerk shall cause the- same to be publ1shed once ln the offlClal newspaper wlthln 15 days after lts adoptlon. The ordlnance shall become effectlve after 30 days from lts adoptlon. APPROVED AS TO FORM: ~~.~ Robert M. Myers U Clty Attorney 16 ADOPTED AND APPROVED THIS 26th DAY OF January , 1982. ,/) if ~ (1;" r1L/~ciI- 9f(~ / / MAYOR J --.J I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ NO. 1242 (CCS), 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~ Jennings, Reed~ Zane, Mayor Yannatta Go1dway NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Press ABSTAIN: C-OUNCILMEMBERS: \ione ATTEST: ~71~ CITY CLERK