SR-509-000 (4)
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CA:RMM:MD:r
City Counc~l Meeting 1-12-82
Santa Monica, California
STAFF REPORT
TO:
Mayor and city Council
FROM:
Cl.ty Attorney
SUBJECT:
Amendment to Tree Code
At its meeting on September 15, 1981, the City Council
directed the City Attorney to prepare rev~sions to the Tree
Code contalned in Chapter 6 of Article 7 of the Municipal
Code. In response to thls direction, the accompanYlng ordi-
nance has been prepared.
The substantl.ve changes to the Tree Code are contalned
In amendments to Sections 7602 and 7603. Section 7602 has
been amended to revise the Ilst the trees, indlcating whether
the tree is preferred, least preferred, or prohibited.
Section 7602 has been amended to specify the procedure
for approving trees. All new trees must be from the pre-
ferred category. Replacement trees may be from the least
preferred category but only after neighborhood needs have
been determined. The procedure for determing neighborhood
needs is not speciflcally set forth in the ordlnance in order
to permlt flex~bl.lity.
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The remalnder of the amendments concern technical
language changes necessary to update the Tree Code.
RECOMMENDATION
It is respectfully recommended that the accompanYlng
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, Clty Attorney
May Denltz, Deputy Clty Attorney
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CA: RMM:i-1D: se
C~ty Counc~l Meet~ng 1-12-82
Santa Monica, Cal~fornia
ORDINANCE NUMBER
(C~ty Counc~l Ser~es)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING THE
TREE CODE OF THE CITY OF SANTA MOINCA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Chapter 6 of ArtIcle VII of the Santa Mon~ca
MunICIpal Code ~s amended to read as follows:
Chapter 6 -- Tree Code
Sect~on 7600.
DefIn~tIons.
For the
purposes of th~s Chapter, whenever the
followIng words or phrases are used, the
~ntent and mean~ng shall be ~nterpreted as
follows:
(a) Parkways. That port~on of a
publ~c street rIght-of-way ly~ng between the
curb and SIdewalk.
(b) Trees.
Trees planted or to be
planted in the var~ous parkways along CIty
streets.
(C) OWner. The legal owners of the
real property frontIng upon the streets of
the C~ty.
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(d) Tree or Trees. Trees, plants, or
shrubs.
(e) Street. That portIon of a street
rIght-at-way WIthIn any tree dIstrIct.
SectIon 7601.
Tree DIstrIcts.
The
CIty of Santa MonIca IS dIVIded Into 27 tree
dIstrIcts, WhICh dIstrIcts are delIneated on
a map on tIle In the offIce of the CIty
EngIneer, beIng Map Number 2433.
Section 7602. Approved Trees. The
follOWIng trees are approved for plantIng In
parkways along streets WIthIn the CIty,
subJect to prOVISIons hereInafter speCIfIed
for deSIgnatIng the offICIal tree for each
street In each tree dIstrIct:
(a) GROUP A. WIdth of Parkway not less
than two feet:
(1) Preferred Trees: Trachycarpus
fortunll (WIndmIll Palm) ; Call1stemon
cItrInus (Lemon Bottle Brush); Myoporum
laetum (Myoporum).
(2) Least Preferred Trees: Nerlum
Oleander (Oleander); podocarpus macrophyllus
(Yew PIne).
(b) GROUP B. Width of Parkway not
less than four feet:
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(1) Preferred Trees: Cupanlopsls
anaeardloldes (Carrotwood); Erlobotrya
deflexa (Bronze loquat); Eucalyptus
slderoxylon uroseau (Red Ironbark); Jacaranda
ffiIffiOslfolla: Malaleuea qUInquenervla (caJeput
tree); PlttosporUffi undulaturn (VIctorIan box);
Podoearpus gracIllor (Fern PIne): Metro-
Slderos excelsa (New Zealand Chrlstmas Tree):
Areeastrum romanzoffianum (Cocos palm): Butla
capltata (Plndo Palm).
(2) Least Preferred Trees: FICUS
mlcrocarpa nltlda (IndIan Laurel): FICUS
retusa (Laurel FIg); prunus earollnlana
(CarolIna Cherry); Phoenlx canarlenSIS
(Canary Island Date Palm).
(e) GROUP C. WIdth of parkway not
less that SIX feet:
(1) Preferred Trees: Clnnamomurn
camphora (Camphor Tree); GInkgo blloba
(MaIdenhaIr Tree): LIquIdambar styracIflua
uPalo Alto" (Sweet Gum); MagnolIa grandlflora
(Southern MagnolIa); PInus canarIenSIS
(Canary Island PIne): pyrus kawakaml
(Evergreen Pear); Trlstanla conferta
(BrIsbane Box); Schlnus tereblnthlfollUS
(BraZIlIan pepper); Washingtonla fllifera
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(Californ~a Fan Palm); Washlngtonla robusta
(MeXIcan Fan Palm).
(2) Least Preterred Trees: Cera-
tonla sillqua (Carob Tree); Eucalyptus
flclfolla (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
tulIplfera (TulIp Tree); PInus pInea (ItalIan
Stone PIne); FICUS rubiginosa (Rusty Leaf
Fig); Ulmus parvlfolla (Evergreen Elm).
(2) Least Preferred Trees: Plat-
anus acerlfolla (London
halepenslS (Aleppo pIne).
(e) GROUP E. WIdth
plane) ;
PInus
of Parkway not
less than ten feet:
(I) Preferred Trees: Cedrus at-
1antlca (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
lIsted as a preferred tree In Groups A, B, C,
D, and E.
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(2) Least Preferred Trees: Any
tree lIsted as a least preferred tree In
Groups A, B, C, D, and E.
The followIng trees are prohibIted from
plantIng 10 parkways along streets wIthIn the
CIty: Dodonaea viscosa (Hop Seed Bush);
AcacIa melanoxylon (Blackwood AcacIa);
Casuarlna cunninghamlana (HorsetaIl Tree);
GrevIllea robusta (SIlk Oak); Ilex
altaclarensis Wllsonil (WIlson Holly); Pinus
radlata (Monterey PIne); Cryptomer1a ]apOnlCa
(Japanese Cedar); Quercus ilex (Holly Oak).
SectIon
7603.
OffIcIal Tree.
The
DIrector
of
RecreatIon
and
Parks
IS
authorIzed and dIrected to desIgnate eX1stlng
trees as the offIcIal trees where such trees
In the opInIon of the DIrector of RecreatIon
and Parks fulfIll the followIng crIterIa:
(a) The trees and root system are not
dIseased or vulnerable to dIsease In the
area.
(b)
support
The
the
root sys tem
trees durIng
IS adequate to
wIndstorms of
IntenSItIes recorded In past years.
(e) Tree roots are not extremely
damagIng to curbs and sIdewalks.
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(d) Over 50 percent of street frontage
IS now planted wIth one specIes.
No tree shall be planted In any parkway
untll an offIcIal tree has been deslgnated 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 Recreatlon and Parks shall
desIgnate one of the approved trees lIsted In
Sectlon 7602 as the offlclal tree for the
street. An offlclal 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 J.n Sectlon 7602.
Replacement trees may be from the least
preferred category but only after the
DIrector of Recreatlon and Parks has
de termlned that such replacement tree 15
consIstent wlth neIghborhood needs.
Sectlon 7604. Tree Maps. The DIrector
of Recreatlon and Parks shall maIntaIn a
separate set of maps to be entltled
II Deslgnated Off lClal Trees for Parkways Along
CIty Streets WIthIn Santa MonIca." Whenever
an offlclal tree has been desIgnated for any
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street, the Dlrector of Recreatlon 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 lf trees are
to be planted In a parkway where trees have
not been planted prevlously, the locatlon for
plantlng of new trees shall be designated by
the Dlrector of Recreatlon and Parks and
shall be at or near the center of each lot or
parcel under one ownership, provlded that the
frontage of such lot or parcel lS 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.
Sectlon 7606. Tree Plantlng POllCY.
The cost of planting or replantIng trees In
parkways In resldentlal dIstrIcts shall be
borne by the Clty as funds for this purpose
are provided by the CIty CouncIl, exceptIng
the plantIng of trees in new subdlvlslons or
pursuant to Section 7607. The CIty Manager
shall present to the CIty Council annually a
recommended tree planting program for Its
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cons1deratlon.
The
CIty will bear the
expense of tree maIntenance from the date of
plantIng.
The CIty shall be responSIble for the
expense of and shall remove and dIspose of
all trees located In sald parkways that, In
the opInIon of the DIrector of RecreatIon and
Parks, are dead, dlseased, or dYIng and
beyond recovery, blown down 1n wlndstorm or
destroyed from any cause or actlon over which
the property owner has no control. The Clty
shall replant said trees with the offICIal
tree for saLd street at City expense.
Sect10n 7607. Tree Planting Procedure
When Tax Funds Not AvaIlable. All tree
plantIng shall be under the supervIslon of
the DIrector of Recreatlon and Parks. After
the off1clal tree for any street has been
designated, owners of property frontIng on
such street deslrlng trees planted In the
parkway frontlng along saId property may
depOSIt WIth the CIty Treasurer a sum of
money determlned by the DIrector of
Recreation and Parks to be the cost to the
CIty for saId tree plantIng, such sum to
Include the cost of furnlshing all labor,
materIals, and eqUIpment. After the depOSIt
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of the money, the D~rector of RecreatIon and
Parks shall proceed wlth the plantlng of sald
trees.
In lleu of depos1tlng money with the
C1ty Treasurer for tree plantIng, any owner
of property front1ng on any street where tree
plant1ng 1S desIred may fIle with the
D1rector of General SerV1ces a petit10n to
1nitiate assessment proceedings for tree
plant1ng. The petit10n shall be 1n the form
prescr1bed by the DIrector of General
Services.
Sectlon 7608. Respons1billty of
DIrector of RecreatIon and Parks. It shall
be the duty of the DIrector of RecreatIon and
Parks to supervIse the plantlng, trlmmlng,
prunIng, maIntenance, and care for all trees,
shrubs, or plants located In parkways and to
supervise the removal of all obJect1onable
trees, shrubs, or plants 1n and upon any
parkways 1n the C1ty. The branches and
leaves of all mature trees ln parkways shall
be so trImmed and pruned that there shall be
at least seven feet clear space between the
surface of the sldewalks and the overhanging
leaves or branches.
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Sectlon 7609. Parkway Trees In
Subd~visIons. All trees planted In any
parkway In a new subdIvislon shall be In
accordance wIth the rules and regulatIons of
the DIrector of RecreatIon and Parks and
shall be pald for by the subdIVIder. The
CIty CouncIl may reqUIre any subdIVIder to
deposIt approprlate securIty for plantIng
along the parkways of any new subdIVIsIon
before approvIng any subdIvlSIon map.
SectIon 7610. PermIt Requirements. No
person, fIrm, or corporatIon shall remove,
cut, trIm, prune, plant, inJure, or interfere
wIth any tree, shrub, or plant upon any
street or publIC place of the CIty wIthout a
permit therefor from the DIrector of
RecreatIon and Parks. The permIt may be
granted on the condItIon that the owner or
authorIzed representatIve bear the cost of
removal and on the condItion that the owner
or authorlzed representatIve bear the cost of
replantIng any tree, shrubs, or plant. The
permIt shall become and be vOId unless work
IS completed wIthIn 30 calendar days from the
date of Issuance of the permIt. The time for
completIon of the work reqUIred by the permIt
may be extended by the DIrector of RecreatIon
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and Parks as may best serve the Interest of
the City.
The Director of Recreation and Parks
may requ~re the posting of a cash deposit or
bond In such amount as he or she deems
sutflclent to secure the completion of the
work, and to Indemnify the CIty agaInst 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
UtIlIty Structures. Any person, fIrm, or
corporation malntaInlng any overhead wires or
pIpes or underground condUIts along or across
any street, park, boulevard, alley, or publiC
place of the CIty or ownIng any property
abutting upon any street, park, or publiC
place of saId CIty, desirIng 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
descrIbe the work desired to be done, and it
shall be wIthIn the dlscreton of the Director
of Recreation and Parks to reqUIre a wrItten
agreement upon the part of the petItIoner to
pay the cost thereof and to do such work In
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the manner st1pulated by the D1rector of
RecreatIon and Parks before the 1ssuance of
any permIt hereunder.
SectIon 7612. Interference wIth
Dlrector of RecreatIon and Parks. No person,
fIrm, or corporatlon shall 1nterfere wIth the
Dlrector of RecreatIon and Parks or persons
actIng under h1S or her author1ty wh1le
engaged 1n plantIng, mulchlng, prunIng,
tr1mm1ng, spraY1ng, treat1ng, or remov1ng any
tree, shrub, or plant In any street in the
C1ty or 1n the remOVIng of any stone, cement,
or other substance from about the trunk of
any tree, shrub, or plant 1n any such street.
SectIon 7613. IntentIonal Damage. No
person, f1rm, or corporat1on shall cause,
author1ze, or procure any brlne water, all,
llqU1d dye, or other substance deleterlous to
tree life, to lIe, leak, pour, flow or drip
upon or into the SOlI about the base of any
tree shrub, or plant 10 any street, park, or
publIC place of the C1ty or onto any
SIdewalk, gutter, road, or pavement WIthIn
the City at a pOlnt from which such substance
may be lYlng upon or by flOWIng, drlpplng, or
seep1ng Into such SOlI inJure such tree,
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shrub, or plant, or to otherwise harm or kill
any such tree, shrub, or plant. No person,
fIrm, or corporatIon wIhout the approval of
the D1rector of RecreatIon and Parks shall
place or maIntaIn 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 CIty.
SectIon 7614. Attachments to Trees.
No person, f1rm, or corporatIon wIthout the
permiSSIon of the DIrector of RecreatIon and
Parksshall attach or keep attached to any
tree, shrub, or plant 10 any street, park,
pleasure ground, boulevard, or other guard or
stake Intended for the protection thereof,
any WIre, rope, SIgn, or any other devIce
whatsoever. It shall be unlawful to plant or
permIt to grow any VInes or other plantlngs
that would Interfere WIth the growth or
maIntenance of parkway trees.
SectIon 7615.
ProtectIon of Trees.
DurIng the erection, repaIr, alteration or
removal of any buildIng, house, or structure
In the CIty, any person, fIrm or corporatIon
In charge of such work shall protect any
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tree, shrub or plant ~n any street, park,
boulevard, or publ~c place ~n the CIty 1n the
vIcInIty of such bUIldIng or structure with
suff~clent guards or protectors as shall
prevent lnJury to sald tree, shrub or plant
arISIng out of or by reason of sald erection,
repalr, alteratlon or removal.
Section 7616. Pruning or Removal of
Hazardous Trees. The Dlrector of Recreatlon
and Parks or D~rector 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 pr~vate property wh~ch overhangs or
proJects lnto any street, park, alley, or
publlC place of the CIty to determlne whether
the same or any part thereof lS In such
condItIon as to constItute a hazard or an
lmpedIment to the progress or VISlon of
anyone travellng on sald street, park, alley,
or publIC place or impedes or interferes wIth
the growth of trees located in parkways.
If, In the oplnlon of the Dlrector of
Recreat~on and Parks any such tree, shrub, or
plant 15 hazardous to the traveling publIC,
operatlon of vehICles, or Impedes the
progress or the V1Slon of sald publlC on any
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such street, park, alley, or public place, or
Impedes or Interferes wIth the growth of any
tree ~n any parkway, he or she may cause such
part or parts thereof as are hazardous or an
ImpedIment to be trImmed so as to remedy such
condItIon.
NothIng contaIned hereIn shall be
deemed to ~mpose any l~abll~ty upon the CIty,
Its off~cers 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 hls or her control In such
a condItIon as to prevent It from
constItutIng a hazard or an ImpedIment to
travel or VISIon upon any street, park,
alley, or publIC 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 appendIces thereto InconSIstent WIth the prOVISIons of
thIS ordInance, to the extent of such lnconslstencies and no
further, are hereby repealed or modIfIed to that extent necessary
to affect the proviSIons of thIS ordInance.
SECTION 3. If any sectIon, subsectIon, sentence, clause,
or phrase of thIS ordInance is for any reason held to be InvalId
or unconstitutional by a deCISIon of any court of any competent
JurISdIctIon, such deClSIon shall not affect the valIdity of the
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rema~nIng portIons of the ord~nance. The CIty Council hereby
declares that It would have passed thIS ordInance and each and
eve ry
section, subsectIon, sentence, clause or phrase not
declared InvalId or unconstitutIonal without regard to whether
any portIon of the ordInance would be subsequently declared
Invalid or unconstitutional.
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 publIshed once In the offICIal newspaper
withIn 15 days after Its adoptIon.
The ordInance shall become
effectIve after 30 days from ItS adoption.
APPROVED AS TO FORM:
~~~
Robert M. Myers
City Attorney
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