Loading...
HomeMy WebLinkAboutORD 1336 ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153.565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-168) WHEREAS, the City currently lacks formally adopted procedures to protect and preserve trees on both public and private property; and WHEREAS, the City Council has determined that trees are a valuable resource and the City should have formally adopted procedures to protect and preserve trees on public and private property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Sections 153.565 through 153.575 relating to tree preservation and protection are hereby added to the Baldwin Park Municipal Code as a new subchapter to read as follows: TREE REGULATIONS Section Contents: §153.565 Purpose and Intent §153.566 Definitions §153.567 Applicability §153.568 Tree Advisory Board — Establishment and Responsibilities §153.569 Tree Department— Establishment and Responsibilities §153.570 Responsibilities of Private Property Owners and City §153.571 Tree Master Plan §153.572 Public Tree Planting §153.573 Public Tree Removal, Trimming, Maintenance, and Protection §153.574 Private Property Tree Removal and Trimming §153.575 Exemptions from this Ordinance §153.565 — Purpose and Intent The purpose of this subchapter is to establish regulations and standards to promote the benefits of a healthy urban forest in the city. Trees are valuable long-term community assets by, among other things, providing increased shade which lowers energy needs for cooling, soil stabilization, absorption of stormwater, carbon sequestration, absorption Ordinance 1336 Page 2 of particulate matter, habitats for birds and other animals, and general aesthetic benefits. The intent of this subchapter is to: A. Establish standards and measures for preserving and protecting trees located on public and private property; B. Establish standards and measures for preserving and protecting Mature Trees on private property; C. Maintain, to the greatest extent possible, a maximum amount of tree canopy coverage in throughout the city; D. Maintain trees in a healthy condition through good arboricultural practices; and E. Prohibit indiscriminate damage and destruction of trees in the city. §153.566 - Definitions The following definitions shall apply to this Subchapter: A. MATURE TREE. Any tree located in the front yard, front yard setback area, rear yard, rear yard setback area, side yard or side yard setback area and (1) is greater than 18 inches in diameter when measured 54 inches from the ground or is greater than 40 feet in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or prominence as a local identifying feature. B. REQUIRED TREE. Every tree planted or preserved on private property which: 1. Was planted and is maintained pursuant to a city-imposed condition of approval for a particular land use entitlement; or 2. Was shown on a landscape drawing or plan for a project approved by the City. C. TREE ADVISORY BOARD. The Planning Commission of the City of Baldwin Park. D. TREE DEPARTMENT. The City's Community Development Department. E. TREE OF HISTORIC VALUE. A tree that has been related to an historical event or circumstance and has been found to be of significance to the community, as so designated by action of the Tree Advisory Board. Ordinance 1336 Page 3 F. TREE OFFICER. That City staff person designated by the Chief Executive Officer as responsible for administration of this subchapter. G. PUBLIC TREE. Any tree located in a place or area under ownership or control of the city, including, but not limited to, any public street, parkway, open space or parkland or other city-owned property, even if under the operational control of another entity by virtue of a lease, license, operating, or other agreement. §153.567 — Applicability Unless otherwise provided by another provision of this subchapter, the provisions of this subchapter shall apply to the following specific categories of trees: A. Every Public Tree, B. Every Required Tree and C. Every Mature Tree located on private property. §153.568 — Tree Advisory Board - Establishment and Responsibilities A. The Planning Commission of the City of Baldwin Park is designated as the City's Tree Advisory Board. B. The Tree Advisory Board shall study the problems related to tree protection and preservation and determine the needs of the City related to tree planting and maintenance in public and private areas, establish and revise as needed the Tree Master Plan as provided in Section 153.571, and hold discussions of tree- related issues at public meetings. C. Any decisions made by the Tree Officer with regard to tree maintenance and preservation on private property may be appealed to the Tree Advisory Board. §153.569 — Tree Department— Establishment and Responsibilities A. The Community Development Department is designated as the City's Tree Department. The Tree Officer shall implement the functions of the Tree Department. B. The Tree Officer shall: 1. Make determinations on removing a tree from public or private property based upon a tree report prepared by a certified arborist, an analysis of the established tree removal criteria, and any other relevant facts. Ordinance 1336 Page 4 2. Issue permits and make any determinations specified under this subchapter. 3. Prepare the Tree Master Plan for consideration by the Tree Advisory Board and the City Council. C. All departments, agencies, and personnel of the city shall consult with the Tree Officer prior to engaging in any action which would require the removal of, or which would otherwise substantially affect or seriously jeopardize the health of, any Public Trees. §153.570 - Responsibilities of Private Property Owners and City A. It shall be the duty of the owner or person in possession of each lot in the city to: 1. Accept, protect, and provide adequate water to any Public Tree planted in parkways or other public right-of-way abutting such lots, and not to interfere with the city's maintenance and pruning of such trees. 2. Notify the Tree Officer of any suspected tree hazards or maintenance needs of any city tree on his or her property. An application for trimming or removal is not required for such notification. B. The City shall be responsible for planting, trimming, pruning, removing, and other forms of maintenance of Public Trees. §153.571 -Tree Master Plan A. The Tree Officer or other employee designated by the Chief Executive Officer, in consultation with the Public Works Director, shall authorize preparation of a Tree Master Plan. The Tree Master Plan shall apply to Public Trees and shall include, in general, maps of streets and public areas in the city upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees permissible within parkways and other public places within the city. No species of tree other than those included in that list may be planted in public areas without written permission of the Tree Officer. B. The Tree Department shall be responsible for administering and implementing the approved Tree Master Plan, and recommending to the Tree Advisory Board any changes or additions to the Tree Master Plan. §153.572 — Public Tree Planting A. Only city personnel or contractors to the city shall plant trees on public property, including parkways. Ordinance 1336 Page 5 B. All Public Tree plantings must first be approved by the Tree Officer as to type of tree species, location of planting, and method of planting. §153.573 — Public Tree Removal, Trimming, Maintenance, and Protection A. All pruning and removal of trees on public property shall be undertaken only by employees or contractors of the City. B. Persons or firms engaged in the business of pruning, treating, or removing any public tree shall be recognized by the International Society of Arboriculture as a certified arborist. All such persons or firms shall carry evidence of liability insurance and workmen's compensation. No certification shall be required by any public employee doing such work in the pursuit of his/her public service endeavors. C. It shall be unlawful to injure or destroy any Public Tree by any means, including but not limited to the following: 1. Placement of fences, rocks, gravel, signs, stakes, or any other objects immediately adjacent to a tree, excepting for watering basins for young trees and objects for the temporary protection of new plantings of ground cover; or 2. Construction of a concrete, asphalt, brick, or gravel sidewalk or otherwise filling up the ground area around any such tree with a closing of less than 42 inches by 42 inches so as to shut off air, light, or water from its roots; or 3. The piling of building materials and equipment or other substance and materials around any such tree so as to cause injury thereto; or 4. Spraying or pouring any chemical or other deleterious matter on or around any such tree and the surrounding ground, lawn, or sidewalk; or 5. Posting any sign, poster or notice on any such tree, or by fastening guide wires, cables, ropes, nails, screws or other devices to any such tree; or 6. Causing or encouraging any fire near or around any such tree. D. During the construction, repair, alteration, moving, or removal of any building, structure, or any other type of construction in the city, no person in control of such work shall leave any Public Tree in the vicinity of such activity without sufficient guards or protectors to prevent injury to the tree. Protectors shall include, but not be limited to, chain-link or wood fencing and staking, as determined by the Tree Officer. E. A decision on an application for tree pruning or removal shall be made according to the standards of this subchapter and shall be subject to the procedures for Ordinance 1336 Page 6 appeal and review set forth in Section 153.689. All applications shall be reviewed by a certified arborist at the expense of the applicant. F. No noticed public hearing shall be required for an application under this Section unless otherwise required by another section of this code or State or Federal law. The Tree Officer shall give at least ten-day's (10-days') written notice to abutting property owners prior to removal of any Public Tree. No notice shall be required if the Public Tree has been determined to be exempted from this Section pursuant to Section 153.575. In the event of a decision under this Section for the removal of five or more public trees in a given area, the Tree Officer shall also notify the Tree Advisory Board. G. The city may replace at no cost to the abutting property owner those Public Trees which necessitate removal and replacement, as determined by the Tree Officer. This may occur only in cases where the property owner was not responsible for the conditions and events necessitating replacement. §153.574 — Private Property Tree Removal and Trimming A. No person shall remove a Mature or Required Tree on private property without first obtaining a permit from the Tree Officer. The Tree Officer shall grant a permit to remove a Mature or Required Tree only if one of the following findings can be made: 1. The Mature or Required Tree constitutes a nuisance or hazard by virtue of its condition, location, species, proximity to existing structures, walkways, or utilities; or 2. The removal of the Mature or Required Tree is deemed necessary by a certified arborist to protect the health of other trees in the vicinity due to disease or infestation affecting the subject tree; or 3. The substantial trimming or removal of the Mature or Required Tree is deemed necessary to accommodate solar access pursuant to the California Solar Shade Control Act of 1979; or 4. The substantial trimming or removal of the Mature or Required Tree is necessary to prevent a substantial inconvenience or financial hardship to the property owner; or 5. A suitable replacement tree in terms of species and ultimate size will be planted within six months after the permitted removal of the subject tree. The size, location, and species of the replacement tree(s) shall be determined by the Tree Officer with consultation of the applicant and taking into consideration Ordinance 1336 Page 7 such factors as the size, location, type of tree, and number of trees on the property, and number of trees in the surrounding neighborhood. The Tree Officer may consider the option of relocating the subject tree in another location on the subject property. B. A decision on an application for removal of a private tree shall be made according to the standards of this Section and shall be subject to the procedures for appeal and review set forth in Section 153.689. No noticed public hearing shall be required for an application under this Section unless otherwise required by another Section of this Chapter 153 or state or federal law. §153.575 - Exemptions from this Ordinance The provisions of this subchapter do not apply to the following: A. The removal or pruning of any tree which poses an imminent threat to public property or welfare, as determined by a member of a responding law enforcement agency, the Los Angeles County Fire Department, or the Public Works Director. B. Normal and routine trimming or pruning of trees on private property that does not result in damage or death to a tree and/or does not result in loss of more fifty (50) percent of the live foliage and limbs or root base, and removal of deadwood. C. The removal of any tree on public property as directed by any County, State, or Federal agency or insurance provider. D. The removal of a diseased or dead tree on public property as determined by the Tree Officer. E. Utility tree pruning necessary to provide clearance from existing overhead electric lines as mandated by the California Public Utilities Commission. Section 2. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact with the Los Angeles County Clerk. Section 3. Tthe City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. APPROVED, and ADOPTED this 3rd day of November 2010. Ordinance 1336 Page 8 TIL__:..-*AL Lozano ifr ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1336 was introduced at a regular meeting of the City Council held on October 20, 2010, and was adopted by the City Council at its regular meeting held on November 3, 2010 by the following vote of the Council: AYES: COUNCILMEMBERS: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE LA RA M. NIETO, CMC Dr PUTY CITY CLERK