SR-509-000 (3)
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JAN 2 6 1982
Santa Monica, California
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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
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DISTRIBUTION OF RESOLUTION #
Council Meetlng Date
Agenda Item #
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Was lt amended?
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VOTE:
Affirmative:
Negative:
Abstain:
Absent:
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Introduced:
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Adopted:
* ALWAYS Pl'BLISH POOf'LtlJ ORDINANCES
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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?)
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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.
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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
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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.
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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