O 333 C.S.
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, ORDINANCE NO. 333 c.s.
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AN ORDINANCE OF THE a1Y OF ARROYO GRANDE ESTARJ.I!m~G A
OOMPRBHENSIVE OOMMUNI1Y TREE PROGRAM AND REPEALING SI!C'11ONS
16-3.01 11IBOUGH 16-3.08 OF THE MUNlCPAL OODE
THE a1Y OOUNaL OF THE an OF ARROYO GRANDE OOES ORDAIN ItS
roUDWS:
SECTION 11 That Sectiom 16-3.01 tI'rough 16-3.08 of the Municipal Q)de are hereby
repea]ed In their entirety and adai Sections 16-3.01 throUgh 16-3.0'1 thereto, to read in their
entirety ~ foDova in Section 2 of this a'dinance.
SECTION 21
11TLE: aIAP'lER 3001lMUNl1Y 'lRB8 PROGRAM
Sec. 16-3.01. l\qJaIe, inteot aDd dAlinitiorB.
It is in the best interest of the Oty and its citizenry to produce a nme desirable,
~ and beautiful COIIIIIIIIity; to maintain and enhance coommity historic, cultural and
iI'Operty values; and to {I'OI'OOte the public health, safety, comfort and general welfare through
the estabJislment of a ca1J(X'ehemive COIIIIIIIIity tree program.
Fa' purposes of this Qvlpter, the following def"mitions shall apply: '
"aty" means the aty of Arroyo Grande.
"aty 0:IWIcil" means the aty Qluncil of the Oty of Arroyo Grande.
"Conditioned 'ftee" means any tree which is to be preserved and protected from renoval,
destruction or Ic6s lIS a requirement of a permit illiued by a permit granting authority.
.
"Landmark 'ftee" or "Lananark Grove" means e~ tree(,g) on public or lI'ivate
iI'Operty which has been found to be a notable horticultural specimen or of significant cultural
or historical value and is designated lIS such by resolution of the Qty CowIcil, upon
reconmendation of the PIannini Qxm1iasion or Parks and Recreation QxmIission of the Qty, of
Arroyo Grande. J..andm8rk trees may include street trees.
"MaIntenance" means pruning, Sll'aylng, fertilizing, sta~, irrigating, treating fa'
disease or injIry, and other sinilar acts Yohich pranote the ute, growth, health, or beauty of
trees or shrubi.
"Omer" means an individual, fl1'lll, association, corporation, partnership, person and the
l~ees, truitees, receivers, agents, servants, and empJoyees of any such person(,g).
"Permit granting authority" means that ap(X'O(riate individual or body designated by
MWlicipal Code or State law to have the legal authority to Issue the pemit for Yohich
app1ication was made.
"Planting e&sE:ment" means an easement adjacent to public rights-of way obtained for
the purpose of planting and maintainU~ street trees.
"Planning Coomission" means the Planning CoomiEBion of the aty of Arroyo Grande.
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"Parks and Recreation Coomission" me8rIi the Parks and Recreation Cbamission of the
O1y of Arroyo Grande.
"Public places" me8rIi all (roperties o\\tled by the O1y and pIan~ easements.
"Director" means the Oty Parks and Recreation Director or his/her, <kdy appointed
agent.
"Public Streets" me8rIi all O1y public rights of \111~ and planting easements.
"Street trees" me8rIi any tree or shrub in any street, perk, or public place. .
"'lree renow" me8rIi the destruction or dlsp1acement of a tree or sII'ub by cutting,
b"I~, mechanical, chemical or other method, \\IUch results in a ph)'Sical transportation of
the tree or strub fran its site and/or death of the tree or sII'ub.
"'fiee well" me8rIi an unsurfaced area (rovided within a paved or concrete sidewalk for
the planting of a tree or shrub.
See. 10-3.-03. Street 'Dee&.
(a) Street trees and/or sII'utB shall be planted by all (roperty ov.ners, at their 0\'41
ca>t, as part of all pemits issued by the Oty for deveJopnent or construction on
any (roperty adjoining a public street. Interior ~ pennits and activity
shall be exempt fran street tree planting requirements. The Director shall specify
specific IocatiMI for street trees and sII'utB on public streets and tree planting
easements and the species and their specifications, including tree wells, for
pIan~ each tree and/or strub.
(b) All existing and (roposed street trees shall be identified by the applicant on all
.
construction and building plans and IIIIpi presented to the O1y.
(c) No exilting street tree shall be renoved or replaced without v.ritten authorization
ot the Director.
(d) The Director IIIIY require a six foot (6') tree planting easement on all or select
streets within p-opcsed subdivisions in addition to dedicated pIIIrItq easements for
street trees in conformity with a Wliform planting plan for the area involved.
(e) A subdivider shall pay to the Oty the 8WIB designated and established by the
Director necessary for the pII'Chase and planting of street trees required by the
Director v.ithin such subdivision. The seJection, purchIIse, pIantirv, and future
nmntelWlCe of such trees shall be perfonned by the Director. Otherwise, at the
eJection of the Dltector the subdivider shall be re8po111ib1e for the purchase,
.,
planting, maintenance and replacement, If necessary, of such trees for twelve
montlw after planting and acceptance ~ to a Wlifcnn pIantirv plan
Ip(1'Oved by the Director.
(f) All p-oposed change In a public street right-ot-\II1Y direction or width, or any
(ropose<l street Uqtovements, shall, v.tJere feasible, Include alJowances for planting
easements. Phw and specifications for planting such areas shall be inte&rated
Plp2ot7
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, into the general plan of ifntnIvemmts, and it shall be the duty of the DIrector of
Public Wor\Qi to coordinate the dEsign of sucl1 ifntnIvements \lith the Park Director
{riOI' to the ~tion of the fmal overall pIam. WI1en the IUntIng strip is
situated between the iRiide edge of the sidewalk and the p-opel,'ty line, a tree
_nt of six feet (6') behind the p-operty line shal1 be retained or obtained
\'4Iere potiSibJe. W/1ere tree easements are granted in this pattern, trees may be
planted therein.
(g) It shall be the responsibility of the p-operty 01'A)el' to (1'OpeI'ly maintain a1l street
tree planting areas adjo~ or upon his/her p-operty regardless of 1!Ibether such
P'O[)erty is developed. SuclI maintenance shall include Irrigation and kee~ such
strip! free !ran weeds or any otstructlons deemed contrary to public safety and in
confonrence with the plan aJ?[:rOved by the Director for the p-operty inwived.
(11) It shall be required of, and shall be the res(XlRlibility of, the property O\\llel' to
p-ovide street tree planting \\ells within any paved or concrete side'Mllk placed
within conmercial or industrial. zoned districts in the aty. SUch we]B shal1 be of
such size and as located required by the Director.
(i) The Director sIvill, at aty expense, illlpect, and, v.tIen necessary, l'eI\X)W asrJ/or
replace street trees.
(j) The Director may cause the roots of yoWJg trees in the p-ocess of development to
be cut to (r'event future sidewalk Iif~. Roots on older trees v.t1ich haw lifted
sidewalks may be cut. Overhead lints may be (I'UIled or cut back to campemte
,
for the Iais of root area.
(k) The DIrector may cause the rerroV8l of overhead lints !ran any street tree,
regardless of the IDeation of such street tree, It, in the DIrector'll opinion, such
l'eI\X)valls necessary in the interest of public safety. In the event such trees are
on plantlqr easements, the DIrector shall notify the p-operty O\\lleL' of such Intent
to l'eI\X)W lints by \\I'itten notice at least ten (10) dII.)'II (I'ior to such l'eI\X)V8l
except in the case of manifest publio danger and imnediate necessity.
U) Nothing In this chapter shall be deemed to reliew the ov.ner and occupant of any
(l'ivate property fran the duty to keep hIs/her (l'ivate p-operty, sklewaJJc8, and
plantq strip In front of such (l'ivate p-operty in a sate condition and 80 as not
to be hazardolll to pub1io travel
(m) Whenever a p-operty 01'A)el' desires to haw a street tree l'eI\X)ved, helshe shall
~y to the Director for a pemit for such l'eI\X)vaJ. If the Director fiIQ the
tree is In good condition and the pemit is granted solely for the convenience of
the applicant, the full caJt of such l'eI\X)V8l and rep\acelJllnt shall be borne by the
applicant.
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(0) &ot-tm..
(1) No person, without a v.ritten permit from the Directa-, shall rem>ve,
injure, destroy, or replace any street tree.
(2) Any street tree danIJged or destroyed by any act or ttrough neglect,
carelessness, vandalism, nischiet, or accident shall be replaced through
payment by the person or persons CatSing such m to the aty in an
amount to be detennined by the Directa-. Such payment shall be seperate
from, and in addition to, any erininal rme or penalty for Dllllicip&l code
violation.
SeetiGD 1....3.1K. R~...hility lor tIee-dBoII&ed .....Bl -1..... 8Dd pIbIic mpo.-.,_.u..
(a) The Public Works Director IlliY, from time to time, (l'eplU'e a &t of psrticuJar
street trees on ~vate (I'Operty v.t1ich have created a ~t and inmediate
danger to pedestrian travel by ~ damoge to public im(I'Overrents, sidewalks or
have interfered with drainage flow in gutters or resulted In traffic hBzarcii In
adjacent streets. The &t shall be delivered to the Parks and Recreation Directa-
for carment or revision.
(b) After agreement between the Parks and Recreation Director and the P\mlic Works
Director on necessary corrections, the Public Works Director shall order the repair
or replacement of such damiged public inpoverrent after the street tree cauring
such damoge has been root trinmed or rem>ved /.IS detemined by the Parks and
Recreation Director in the best interests of the public health and safety.
"
(c) Trees on ~vate property v.t1ich have caused or may CIiU'ie, In the judgement of the
Public Works Director and the Parks and Recreation Director, damoge to public
inp'owments shall be root trinmed or the tree rem>ved and such damoge to public
(I'Opetty be repaired by the ov.ner of such tree. After fifteen cIa)'s notice to
correct said condition, the Parks and Recreation Director aM/or Public Works
Director may correct the condition and charge all calts of correction, ~ a
fifteen per cent adnInIstration fee, /.IS a tax lien upon the property of the tree's
OY<<let .
(d) No person shall pernit Iranches of trees or sIrubJ to extend within nine feet (9')
!ran the gTOUI\d over any portion of the sidewa1k area, or \\ithin twelve teet (12')
trom the ground over any portion of a residential street abutting the pooperty on
v.t1ich the tree is gro~, or within toli"teen teet (14') on streets desJ&nated as
truck routes. After fifteen da)'S notice to correct said condition, the Parks and
Recreation Director aM/or Public Works Director may correct the condition and
charge all costs of correction, IncJuding a fifteen per cent administration tee, /.IS a
tax lien upon the property of the tree's ov.ner.
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, See. 16-3.05. Street 'Dee AweD-
Any decision of the Pllrks and Recreation and/or Public Works Director regarding
street trees and shul:& may be appealed to the aty Manager. DecJsionI of the P8l'ks
and Recreation Director requiring planting easemmI8, W1iform ~ pIaIB or oUler
maUers reJa~ to street tree req.airenents in a proposed deve)opnent may be appealed
directly to the Oty Plaming Omnission.
See. 16-3.116. ,~ '1ne8.
(a) 'Ibe Oty Cbuncil, upon recomnendation ~ the Plaming CaImission or Pllrks and
Recreation CkIImission, shall designate :Lananark trees or Lanc:mIrk groVES by
resolution. 'Ibe Director shall adninist.er the LanOnark tree program for the Oty.
(b) 'Ibe O\\l1er!/;) of such trees shall si&1t the ~ designation NOlIJtil1\ prior to
Oty COuncil adoption, thereby conferring CObient for the tree!/;) to be designated
lIS l.8n<mIrk tree(s) by the Oty and app'Oval for the Oty to go upon the 0_'11
p:operty for mmumentation, inspection and inventory. When such tree(s) are to
be designated as part of a Oty develo(ment a~val or pemit pocess, the
Director shall sign the NOJution 8fter its adoption in lieu of the tree ov.ner!/;)
signature. 'Ibe Director shall sign lIS ov.ner for en Oty-ov.ned trees.
(c) In the event a Landmark tree!/;) O\\l1er desires to renDve Landmark tree
designation from hisjher tree!/;), the 0_ may petition the aty COuncil to adopt
a resolution re~ Landmark statui from the tree(s).
(d) Lanclnmk trees and their markers shall be ~ed, p:otected and lnaintained at
.
the so1e expen;e of their ov.ner and su/:Bequent ov.ners. No IanOim'k tree or
rnarker shall be renDved witrout the consent of the Director, and tben such
consent shall be granted only to II1Iintain public S8fety or to p:otect adjacent
trees or plants from disease, funglli or other lite-threat.
(e) 'Ibe Director shallmdntain a permuI8IIt log of en trees clesJgnated. Such log
shall consist of a copy of en resolutions clesigna~ IanOim'k U-. Each
I'ESOIution shall contain a Lancmirk tree mxwmentation marber, a ~(iI of
the tree!/;), a klcation rnap of the treeb) on the lI'Operty, the N8SOIIS N1y such
treeb) has been designated 8 Lananark tree!/;) and the signature and ONlll''sb')
name, and the address of the p:operty 01\ vIIich treeb) are klcated. The Director
shall present a copy of the adopted resolution to the tree ONlll'.
(f) The Director shall install a pet'I\1IIIIEIlIt marker upon or near each LantDwk tree
identifying the tree lIS a Lanckmrk tree and containing the tree mxwmentation
1UIDber. One marker rnay be \lied for a l.8n<mIrk grove,
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. , (g) The Director shall cawe the physical iI1Ipection and inventory of all Lananark
trees annually to determine their condition and presence and shall repcrt his
f~ publicly to the aty Council, Parks and Recreation CamIission and Planning
CooInission via the Oty Manager.
(h) Upon the death of a Lananark tree, the Director shall record the estimated date
of death and suspected cause of death upon the resolution designatiqf the tree.
The Director shall use such information to assst in detemining future tree
preservation progl'lIIIB for the Oty.
-"- 10-3.0'1. Dewkt'-.- BecJdr-.-.....
(a) No trees shall be rennved or destroyed on any undeveloped pIII'Cellocated 01\ any
property zoned Planned Developnent for Nlich a tree I'elJX)val plan has not been
IIp(rOved by the aty CounciL
(b) All gradilll, conditional use, Jot line adjEtment, tract map, pIII'Cel map, planned
deveJapnent and other development propa;UI subnitted to the Oty shall be
8.CCOII{)IIIIied by an lICCUl'ate map identifying and Iocatiqf all existing trees upon
the II'Operty for Nlioh application iI received and all existiqf trees v.bich are off-
site, but affected by the II'Oject. Sooh map shall also identity all existiqf trees
Y41ich are propa;ed by the applicant for I'elJX)val or destruction and such trees
shall be visibly Dm'ked for the Director's iI1Ipection. The Director, or his/her
designee, shall locate all trees upon the applicant's and affected property and
(I'epIU'e a \\ritten repcrt to the permit grantiqf authority within two calendar
,
weeks of the permit application ha~ been received by the Oty.
(0) The Director's report to the permit grantiqf authority shall oontajJII
(1) Recoomendation as to YA1Ich trees should be preserved and protected !ran
rennval and/or reJocation.
(2) Recoomendation as to YA1Ich trees should receive Lananark desJ&nation.
(d) The pemit gran~ authority shall not Issue a permit untU ha~ received and
reviewed the Director's reconmendatlORJ. The permit gr~ authority shall not
be bound to honor the Director's reconmendatknl. The pemit grantq authority
shall have the authority to app-ove and issue a permit with conditions requiring
protection and preservation of any or all trees affected by the permit. Each
conditioned tree, other than Lananark trees, killed or rennved, intentionally or
accidently, as a result of develo(:ment activity shall result In a IIisdeweanor and a
separate administrative penalty of five thousand dollars ($5,000).
(e) U the permit gran~ authority app'OVUI the removal of any size oak tree on a
II'Operty located in a Planned Developnent 1DIIe, the tree owner of such tree(s)
shall replace each tree rennved with five (5) specimen trees (48-inch boxed) of
the same species 01\ or ne81' the removal site In a location 8RI'Oved by the
Pap 80f '1
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, . Director. The replacement treES sha1l be cared fer and maintained by the ov.ner
.
in accordanCe with Information published by the Cooperative ExteIJIion of the
UniYelSity of California.
(f) In the event the pem1it grpnth1r IlUtI1arIty desires Lenanark designation for any
tree, the pemit grpnq authority sha1l convey such recamnenc!ation to the Oty
QIunci1 via the I'Jannq 0xImissi0n fer ccnideration and recamnenc!ation and sha1l
witbhold Issuance of such permit wrtil the Oty QIuncjJ. has adopted a resoJution
conf~ Lenanark designation er, in the event the l'IanIIq QxmIssion does oot
rec<mnend Lancb18l'k designation, the ten day appeal period fer l"IanIQ Com-
nission decision has eJa(Bed.
.
(g) In the event the Oty oxmcil, adopts a resolution conf~ LancmBrk designation
upon a tree(s), a pemit sha1l be Issued only '16th coocItIon that the designated
tree(s) shall oot be ren>>ved or Qisturbed and sha1l be 1I'Otected, PBintained and
,;reserved fer its natural life by the owner of the II'Operty, and all sut-qYent
ONJel'S. Faihre to do so sha1l result in a II1isc:leIreano and a separate aQnini-
strative penalty of five thou3and doUars ($5,000) to the tree owner for each
LaIDnIrk tree renoved, destroyed or kWed as a result of construction or
developnent activity, wlintentional or oot.
(II) Upon determination that a conditioned tree or Lenanark tree has died, been
destroyed or removed, the CbW1Cil may stop further CUIItruction or deveJopamt
activity wtil the adninistrative penalty is paid.
,
(I) All aOOinistrative penaltiES recovered by the Oty as a result of Section 16-3.06
of the Mw1Iclplll Cbde sha1l be deposited In a Oty fund Mae 8SSets sbaU be \IiIecI
for tree ~, care and Bltltnlatration of SectIoni 16-3.01 UIfOUSh 16-3.0'1 of
the Municipel Cbde.
On IlXltion of oxmcil MeniJerGaDaghel', seconded by QIunci1 MeoDIr .JohnsQp, and on
the f~ roll call vote, to \\itl
AYESI GaDagber, Jotnon, Moots, Porter and Mayor SJith
NOES;, None
ABSENTI None
the f~ Ordinance was passed and adopted this 25th day of .1Ine, 1985.
-A'!lAMJ ~
MAYOR
~
ATmSTI ~a. Gt"C~.J
, CITY K
.
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