Loading...
HomeMy WebLinkAbout93-20 Replacement, Maintenance, Removal of Trees within the Public Right-of-WayORDINANCE NO. 93-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ,.OF COSTA. MESA, CALIFORNIA, ADDING CHAPTER V TO TITLE 15 OF THE COSTA MESA MUNICIPAL CODE AND REPEALING SECTIONS 15..10, 15.11 AND 15.12 OF -THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE REPLACEMENT, MAINTENANCE, REMOVAL OF TREES WITHIN THE PUBLIC RIGHT-OF-WAY AND RELATED OFFENSES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Costa Mesa does hereby find as follows: WHEREAS, the intent of this ordinance is to establish goals, policies and regulations, which will ensure compliance with the City's objective to create and maintain a community forest as an essential element of the City's character;,to provide a unifying influence throughout City parks and streetscapes through the selective planting of trees and according to the Master Street Tree List and Streetscape and Median Development Guidelines; to register and conserve landmark trees; and'to establish the Parks, Recreation Facilities and Parkways Commission as the recommending body to the City Council. on all matters pertaining to the landscape beautification and conservation of public property. Section 2: Chapter V is hereby added to Title 15 of the Costa Mesa Municipal Code to read as follows: "CHAPTER V: Parkway Trees." Sec. 15-124. Definitions. For the purpose of this chapter, the following terms shall have the meanings set forth herein: (1) "Alter" means to change the appearance by trimming/removing branches from a tree to amount to more than 25% of the original tree mass within one (1) year; r (2) "Community Forest" means 'a collection of trees in and around the City including park and street trees on public property, and yard trees on,private property; (3) "Drip Line" means the outermost branches of a tree canopy (4). "Excavate" means the transfer of any quantity of soil, rocks or any, subsurface material from one location to' another; (5) "Landmark Tree(s)" means any tree, on public property 'which is designated by the City Council to be particularly valuable due to its species, condition and/or age, or due to its cultural or historical significance..Landmark trees may be located within parks or streetscape corridors. On private property, trees are voluntarily 'nominated by the property owner; (6) "Landscape Material" means any plant material (trees, shrub's, vines, turf, etc.); (7) "Maintain" means to prune, -trim, fertilize, irrigate, or treat for injury in a manner which will prolong the life span ` of the tree; (8) "Median" means the -raised area of varying width- and length within a street and public right-of-way which is not used for vehicular traffic; (9). "Parkway". means the, area lying between the back of the curb and -the public right-of-way property line, or area contained within a Landscape or Tree Easement;' (10 ) "Street Tree" means any tree having a single main stem or multi -trunks which is planted in a parkway or median'(public right-of-way) or a Tree Easement; (11) "Tree Easement" means an area either dedicated., by an adjacent property owner or a landscape setback required as a condition of development; (12) "Xeriscape" means the integration of drought tolerant trees, shrubs, vines and groundcovers, with effective landscape and irrigation design, suitable soils, climate and water management technology. Sec. 15-125."Parks, Recreation Facilities and Parkways Commission. The Parks, Recreation Facilities and Parkways Commission, or the City Council on appeal, shall determine: (1) The aesthetics and appropriateness of all tree plantings and landscape plans within public right-of-way/tree easement projects; (2) Master Street Tree List; (3) Streetscape and Median Development Guidelines; (4) Landmark Tree Nominations for adoption by the City Council; (5) Landmark Tree removals, and; (6). Unusual or unforeseen circumstances affecting the goals and policies of this chapter, but not specifically addressed herein. Sec. 15-126. Permit Required. No person shall install, replace, or alter any, tree located within City medians, parkways'or tree easements, without first obtaining a permit as specified in this chapter. Sec. 15-127. Permit Procedure. (1) An application for a permit for tree. installation, removal or 'alteration of public trees (trees located within medians, parkways, rights-of-way or tree easements) shall be submitted to the Community Services Department on a form approved by the Department. (2) In the event -that it becomes necessary;.in the judgment of the Director of Community Services, to remove public right- of-way trees because of root, systems, doing damage to public streets, curbs, gutters and sidewalks or for reasons which'in the judgment'of the Community Services Department. constitutes a public nuisance, or an undue and unreasonable exposure to liability for injuries to persons -and property or where the tree is dead or diseased, - the, said trees may be removed. Before said trees are removed, the Parks, Recreation Facilitiesand Parkways Commission shall provide recommendations and findings to the Director of Community Services. The decision by the Director in this subsection may be appealed to the City Council as provided in Chapter -IX, Title 2 of this Code. (4) The provisions for the retention of any parkway tree or the issuance of a permit shall in no way preclude the Director of Community Services from taking any reasonable or precautionary steps necessary for the protection of and the repair of streets,.curbs, gutters or,sidewalks damaged by the root system of said tree. Sec. 15-128. Conditions to a Permit. The Community Services Department and City Council may require reasonable conditions in granting a permit under this chapter, including but not limited to, a requirement that a security bond in a form.approved by the City Attorney be posted to ensure compliance with the provisions of this chapter. Sec. 15-129. Fee Required. Each Applicant for a permit under the chapter shall pay a permit fee inan amount to be set by the resolution of the City Council. Sec. 15-130. Street Trees Required. All tree species for placement in the public right-of-way shall comply with 'the Street Tree Master Plan within the Streetscape and Median Design Guidelines.;- Sec. uidelines.Sec. 15-131. 3:1 Tree Replacement Ratio. The adjacent property owner/applicant shall pay for tree replacement costs on a 3:1 tree replacement ratio (three new trees planted for every one mature tree removed - one (1) 24" box, two (2) 15 -gallon trees) whenever such a removal is deemed as a "Convenience Removal". Property owner/applicant agrees that the City shall select the species and approve the site of the tree to be replanted. Convenience removal shall mean the removal of a tree with a genus and species designated as a problem tree by the Department of Community Services to include but is not limited to Ficus nitida, Ficus retusa, Fraxinus uhdei,. Schinus terebinthifolius, Cupania anacardiodes, and that such removal is subject to -a convenience tree removal agreement approved by the Department. Sec. 15-132. Protection of -Trees During Construction. No person shall begin any construction or excavation without first providing sufficient protection for trees on public property, such as a fence, guard or frame within a five (5) feet minimum distance of the tree trunk. This five (5) feet minimum may be extended at the sole discretion of the Director of Community Services for other unforeseen horticultural circumstances. Sec. 15-133. Certification Form. - All trees and landscape material planted by the City in the public right-of-way, shall be under the supervision of the Community Services Department. Sec. 15-134. Street Tree Master Plan. (1) The planting of new trees within the City rights-of-way and other public places shall be consistent with the Street Tree Master Plan within the Streetscape and Median Development Guidelines as adopted by the City Council. Sec. 15-135. Vision Clearance. All trees and landscape material abutting intersecting public or private streets, or occurring along irregularly shaped lots, shall conform to the provisions set forth in Section 15-3. In addition, trees planted in parkways, or tree easements shall be placed according to the following minimum setbacks: (1) See Streetscape and Median Development Guidelines for Tree Aerial Setback (by.various species) from Street Lamps/Traffic Signals; (2) 8 feet from fire hydrants; (3) 25 feet from stop signs; (4) 10 feet from driveways; Sec. 15-136. Streetscape and Median Development Guidelines. The Streetscape and Median Development Guidelines address city entries, streetscape corridor themes, and other landscape design concepts. These guidelines will be adopted by the City Council and used to implement provisions in this chapter. Sec. 15-137. Landscape Plans. Landscape plans shall be prepared for all projects which include hedges or exceed $5,000 and submitted to the Community Services Department for all park, parkway (includes off-road recreation trails and greenways) and median development. All landscape plans shall be in a form to comply with the requirements of the Community Services Director. Seca. 15-138. Preservation of Landmark Trees. (1) Intent and Purpose. It.is the intent of this chapter to establish regulations for the voluntary nomination for the -preservation of landmark trees within the City,-and'to encourage property owners to retain as many of their own trees as possible, consistent.with. the. purpose hereof. It isnot the intent of -this chapter to preventthe use of private property, for the normal purposes' allowed . in the zoning ordinances, consistent with this chapter. (2) Landmark Tree Standards. The tree or trees .shall have one or more of the following criteria in order to be eligible to -'be placed on a landmark tree list: (a) A tree or- stand of trees which is of historical significance; (b)A tree or -stand of tree's which is of a rare species and is unusual because of size, color, and blossoms; (c) A tree or stand of trees: which has unique characteristics -of form or shape that, contribute to .the community skyline; (d) A tree or stand of trees which are intended to become of future visual, cultural and/or historical significance.. -(3)- Recognition of Landmark Trees. The tree or stand of trees shall be documented with photographs, horticultural information and location. The photograph and -location will be displayed within City Hall. (4) Procedure -for Establishment --of a Landmark.Tree List. A list of landmark trees will be established by the City Council by resolution, which may be amended from time to time. Any property owner of Costa Mesa desiring to have his tree or trees placed on the landmark tree list may,voluntarily apply to the Parks, Recreation Facilities and Parkways Commission for inclusion of the tree or trees on the list. The Commission by a majority vote.; or the City Council on appeal, may determine that the applicantstree or trees be placed on, or removed from, the landmark tree list. Placement of a tree or stand of trees on the landmark tree list shall require a' majority vote of City Council. The Parks, Recreation Facilities and Parkways Commission, or the City Council on appeal, may reverse or modify its previous decisions to place or remove any tree on the landmark tree list. (5) Appeals. .Any decision of the Parks, Recreation Facilities and Parkways Commission and the Director of Community Services, made pursuant to this section, may be appealed to the City Council pursuant to Chapter IX of Title 2 of this Code. Sec. 15-139. Exemptions. Public utility companies shall be exempt from all provisions., requirements and restrictions of this chapter. Sec. 15-140. Interference Unlawful and Offenses. (1) Except as provided herein, no person shall maintain, remove, plant, abuse, mutilate, damage, cut, carve, .transplant, attach any- rope, wire, nails, or affix any advertising posters or any other sign, allow any harmful chemical or substance to come in contact with, or set fire or permit any fire or heat source to injure any portion of any tree in the City right-of-way and other public places. (2) It shall be the responsibility of the Community Services Department to maintain, plant and approve the removal of all trees within the City's right-of-way and all .tree easements under the jurisdiction of the City.` (3) It shall be the duty of all adjacent property owners and their tenants to water their tree(s) planted in the public right-of-way immediately in front or abutting the property line of their property. (4) It shall be unlawful to permit the branches or foliage of any tree, plant, hedge or bush growing on private or public property, to block signage for traffic control or regulation or to obstruct the free passage of vehicles in the roadway of any street or of pedestrians upon the sidewalk portion thereof, or to hang over any portion of the sidewalk within seven (7) feet of the .surface thereof.. Sec. 15-142. Penalties. If'a person- violates any'of the provisions -of this Ordinance, or fails to comply -with any of the mandatory requirements of this Ordinance, he or she.shall be guilty of an infraction..Any person 'convicted of an infraction under the provisions of -a City Ordinance is -subject to punishment pursuant to Section 1=33. of this Code. Sec. 15-143. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for. any reason held' to be invalid, such holding or holdings shall not affect .the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed, this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses 'or phrases be declared invalid. Section 3. Sections 15-10 and 15-11 of the Costa Mesa Municipal Code are hereby repealed and reserved for future use. Section 4: Publication. This Ordinance shall take effect and be in full force and effect thirty (3.0) days from and after its, passage and, before the expiration of the fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation -.printed .and published in the City of Costa Mesa, or in the alternative, "the' City'.Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall'be posted in the office of the City Clerk five, (5)- days prior to the date of- adoption of this Ordinance, and within fifteen.(15) days after adoption, the City Clerk shall cause to be published the aforementioned summary.and shall post in the office'of the City Clerk a certified copy of this Ordinance together with the names of the members. of the City Council voting for and against -the same. PASSED AND ADOPTED this .1,04L_ day of , 1993. Mayor.of the City of Costa.Mesa ATTEST APPROVED AS TO FORM: .a��l(MW,.k. , 1 City Attorney STATE OF CALIFORNIA-) COUNTY OF ,ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 93-20 was introduced and considered section by section at a regular meeting of the City Council held on the 6th day of December, 1993, and thereafter passed and adopted as.a whole at a regular meeting of the City Council held on the 20th day of December, 1993, by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of December, 1993. Deputy Cit Clerk and ex -officio Clerk of the City C ncil of the City of Costa Mesa 11