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SR-509-000 (4) \ . ~ 0 y--- t?a;> 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. '6-A !JAN 1 2 1[1('') :":;v_ i-A , , L ' t. '-, 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 -2- 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. 1 (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: 2 (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 3 (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. 4 (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. 5 (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 6 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 7 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 8 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. 9 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 10 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 11 '. 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, 12 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 13 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 14 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 15 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 ~ 16