O 575
ORDINANCE NO. 575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12
OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE
COMMUNITY TREE PROGRAM
WHEREAS, it is in the best interest of the City, the public, and the environment to have
a comprehensive community tree program that promotes the preservation, the
maintenance, and regeneration of all trees; and
WHEREAS, on August 10, 2005, the Parks and Recreation Commission reviewed and
considered the information presented and recommends approval of the proposed
ame~dments to the Community Tree Program; and
WHEREAS, on October 25, 2005, the City Council reviewed and considered the
information and public testimony at a duly noticed public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 12.16.010 of Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code is hereby amended as follows:
12.16.010 Purpose.
It is in the best interest of the City, the public, and the environment to establish a
comprehensive community tree program that promotes: .
A. The preservation, the maintenance, and regeneration of all trees;
B. A beautiful and aesthetically pleasing community;
C. Trees or groves of unique or historical value and wildlife habitat;.
D. Educational programs that address the importance of trees in the
environment and their role in purifying the air, providing shade, controlling
erosion, and maintaining the rural, small town atmosphere.
E. Improved communication between the Parks and Recreation Commission,
Architectural Review Committee and Planninq Commission reqardinq tree
related issues and concerns.
Further, in order to implement the goals and objectives of the parks and
. recreation element of the City of Arroyo Grande's general plan, and to mitigate the loss
of open space and vegetation caused by new development in the City, the City Council
has determined that a development impact fee (or the implementation of a tree planting
plan in lieu thereof) is needed in order to finance the planting of trees and to pay for the
development's fair share of the implementation of these improvements.
This chapter establishes policies, regulations and specifications necessary to
govern installation, maintenance and preservation of trees to accomplish the above
stated purpose.
ORDINANCE NO. 575
PAGE 2
SECTION 2. Section 12.16.020 of Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code is hereby amended as follows:
12.16.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
"Certified arborist" shall be one of the persons who.. has completed the
requirements of, and who appears on the approved list of the International Society of
Arboriculture, Western Chapter. This list shall be available for review in the Community
Development Department. "City" means the City of Arroyo Grande.
"City Council" means the City Council of the City of Arroyo Grande.
"Conditioned tree" means any tree that is to be preserved and protected from
removal, destruction or loss as a requirement of a permit issued by a permit-granting
authority.
"Development" means any project involving the issuance of permit for
construction or reconstruction, other than interior remodeling, but not a permit to
operate.
"Director" means the City Parks, Recreation and Facilities director or his or her
duly appointed agent.
"Dripline" means an imaginary vertical line running from the outermost branches
or portions of the tree crown to the ground.
"Excessive Pruninq" shall mean removinq in excess of one third (33.3 percent) or
qreater of the functioninq leaf, stem, or root area of a tree. Pruninq in excess of 33.3
percent is iniurious to the tree and is prohibited unless written approval is qranted by the
Parks, Recreation and Facilities Director or his appointed representative prior to
initiatinqthe work. Toppinq and lion's tailinq shall be considered unacceptable pruninq
practices for trees.
"Imminent Fire Safety Hazard" means trees that impinqe upon the fire defensible
zone around structures as determined by the Director of Buildinq and Fire. The
defensible zone is defined as that area 100 ft. around a structure or 200 ft. if structure is
situated on or above a slope.
"Landmark tree" or "landmark grove" means existing tree(s) on public or private
property that has been found to be a notable horticultural specimen, or is of significant
aesthetic, cultural or historical value, and is designated as such by resolution of the City
Council, upon recommendation of the Planning Commission or Parks and Recreation
Commission of the City. Landmark trees may include street trees.
"Lion's Tailinq" means the removal of an excessive number of inner, lateral
branches from parent branches. Lion's tailinq is not an acceptable practice.
"Maintenance" means pruning, spraying, fertilizing, staking, irrigating, treating for
disease or injury, and other similar acts that promote the life, growth, health or beauty of
trees or shrubs:
"Owner" means an individual, firm, association, corporation, partnership, persona
and lessees, trustees, receivers, agents, servants and employees of any such
person(s).
"Parks and Recreation Commission" means the Parks and Recreation
Commission of the City of Arroyo Grande.
. "Parks and Recreation Tree Subcommittee" means a subcommittee consisting of
three members of the Parks and Recreation Commission, as appointed by the
chairperson of the Parks and Recreation Commission. The Tree Sub-Committee (Parks
ORDINANCE NO. 575
PAGE 3
and Recreation Commission) is responsible for hearinq all appeals related to issuance
of tree removal permits for recommendations to the Citv Council.
"Permit-granting authority" means that appropriate individual or body designated
by municipal code or state law- to have the legal authority to issue the permit for which
application was made.
"Planting easement" means an easement adjacent to public right-of-way obtained
for the purpose of planting and maintaining street trees.
"Planning Commission" means the Planning Commission of the City of Arroyo
Gffi~e. .
"Public places" means all properties owned by the city and public easements.
"Public streets" means all City public right-of-ways, including all public
easements.
"Requlated tree" means anv tree located on properties in commercial. multi-
family or mixed use zones; Coastal Live Oak trees (Quercus Aqrifolia) on properties in
sinqle family residential zones that measure 12" in diameter when measured 4'6" from
the base: and any trees located in the public riqht-of-way adiacent to the street on
properties in sinqle family residential zones. whether city or privately owned.
"Street trees" means any tree in any street, park, public place, or public
easement.
"Subdivision" means any subdivision of property, including minor subdivisions.
"Toppinq" shall mean the severe cuttinq back of limbs to stubs larqer than three
inches in diameter within the tree's crown to such a deqree so as to remove the normal
canopy and disfiqure the tree.
"Tree removal" means the destruction or displacement of a tree or shrub by
cutting, bulldozing, mechanical, chemical or other method, which results in a physical
transportation of the tree from its site and/or death of the tree.
"Tree well" means an unsurfaced area provided within a paved or concrete
sidewalk for the planting of a tree.
'Troe" moans any woody plant with a trunk di3meter of four inchm: or more when
measured four foet about grade, or multi trunk woody !'llant ",lith FR3in br3nches th3t
total four inches or R'loro when measured four feot above grade. For the purpose of this
chapter, 011 Quercus (Oak) species 3ro decl3rod to be trees at l'.vo inchm: or more in
di3meter at gradc!'
"Tree coordinator" means the City employee who. is responsible for the City
Landmark Tree Program, memorial tree planting, Arbor Day activities, education
programs, issuing of tree removal permits, and coordination with citizens regarding tree
matters.
"Undeveloped property" means property that has been zoned to allow
development, but which has not yet been developed.
SECTION 3. Section 12.16.030 of Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code is hereby amended as follows:
12.16.030 Street tree requirements.
A. A street tree shall be planted at the time of construction by every property
owner, except for subdivisions, spaced no farther than fifty (50) feet apart along the
street frontage of any building constructed. Interior remodeling permits and activity shall
be exempt from street tree planting requirements. The director shall specify specific
locations along the frontage of the constructed building for street trees and shrubs on
ORDINANCE NO. 575
PAGE 4
public streets and tree planting easements, and the species of tree shall be selected by
, the director from the master street tree list on file with the Parks, Recreation and
Facilities Department. Street trees shall be of a fifteen (15) gallon-container size (or
greater) and comply with the standards set forth by the American Society of.
Nurserymen.
B. For property within commercial or industrial zoned districts in the City, the
property owners, upon construction, shall provide tree planting wells within any paved or
concrete sidewalk. Street trees shall be planted within these wells as outlined in
subsection A of this section, with the addition of installing deep root barriers.
C. A fee, consistent with that established by the City Council for subdivision
maps shall be imposed by the director, if the property owner requests that the City plant
the required tree(s) on his or her behalf.
D. All existing and proposed street trees shall be identified by the applicant
on all construction and building plans and maps presented to the city.
E. No existing street tree shall be removed or replaced without written
authorization of the director or the tree coordinator.
F. It shall be the responsibility of the property owner to properly maintain all
street tree-planting areas upon his or her property, including any adjacent easement,
regardless of whether such property is developed. Such maintenance shall include
irrigation and keeping such planting easements free from weeds or any obstructions
deemed contrary to public safety and in conformance with the plan approved by the
director for the property involved.
G. The director shall, at city expense, inspect and, when necessary, remove
and/or replace street trees.
H. The director may cause the roots of young trees in the process of
development to be cut to prevent future sidewalk lifting. Roots on older trees that have
lifted sidewalks may be cut. Overhead limbs may be pruned or cut back to compensate
for the loss of root area.
I. The director may cause the removal of overhead limbs from any street
tree, regardless of the location of such street tree, if, in the director's opinion, such
removal is necessary in the interest of public safety.
J. Nothing in this chapter shall be deemed to relieve the owner and occupant
of any private property from the duty to keep his or her private property, sidewalks and
planting easements in front of such private property in a safe condition and so as not to
be hazardous to public travel.
K. Whenever a property owner desires to have a street tree removed, he or
she shall apply to the director for a permit for such removal. The director may approve
or deny such request. If the director finds the tree is in good condition and the permit is
gr~mted solely for the convenience of the applicants, the full cost.of such remov31 3nd
replacement shall be borne by the applicant.
L. Any street tree damaged or destroyed by an individual shall be replaced
through payment by the person or persons causing such loss to the City. The amount of
such payment shall be the replacement value of the tree, as determined by the director,
but in no event shall it be less than one hundred fifty dollars ($150.00) per tree and shall
be in addition to any criminal fine or penalty for municipal code violation. Any act
intentionally damaging or destroying a street tree shall constitute a misdemeanor
violation of this chapter.
ORDINANCE NO. 575
PAGE 5
SECTION 4. Section 12.16.070 of Chapter 12.16 of Title 12 of.the Arroyo Grande
Municipal Code is hereby amended as follows:
12.16.070 - Tree removal in Multi Family Residential. Mixed Use or Commercial Zones.
A. No person(s) shall allow or cause the removal of any regulated treefsj on
property used or zoned multi-family residential, .mixed use or commercial without first
obtaining a tree removal permit from the director or tree coordinator. Furthermore, no
Coastal Live Oak trees (Quercus Aorifolia) oreater than 12" in diameter when measured
4'6" from the base located in sinole familv residential zoned areas and anv trees located
in the public rioht 'of way in sino Ie family residential zoned areas may be removed
without first obtainino a tree removal permit. The permit is available at no charge.
B. Tree removal in the above locations without a permit shall constitute a
misdemeanor violation of this chapter, and in addition, removed trees shall be replaced
through payment by person or persons causing such loss to the City. The amount of
such payment shall be the replacement value of the tree as determined by the director,
but in no event shall it be less than one hundred fifty dollars ($150.00) per tree; and it
shall be in addition to any criminal fine or penalty for municipal code violation.
C. The intended decision of the director or tree coordinator for issuing or
refusing a tree removal permit shall be based upon reasonable standards, including:
1. The condition of the tree regarding its general health, location to utilities or
structures, or status as a public nuisance;
2. The necessity of the requested action to allow construction of
improvements or otherwise allow economic or other reasonable enjoyment of property;
3. The topography of the land and the effect of the tree removal on erosion
and water retention;
4. The number, species, size and location of existing trees in the area and
the effect of the tree removal on scenic beauty, historic values, fire safety and the
general welfare of the city; .
5. Good .forestry practices in general.
D. Standards for the Prunino of Trees on Private Property
1. The City Council may adopt by resolution standards for the prunino of
reoulated trees on private property. with which all licensed tree companies doino
business in the City shall comply. At a minimum all prunino shall comply with the
standards established by the International Society of Arboriculture.
2. Failure to comply with these standards as determined by the City Council
shall constitute a misdemeanor violation of this chapter and may result. in the
suspension of the tree company's business license, if applicable, as follows: First
offense, suspension of the business license for a period not exceedino 90 days, and for
a second offense or any subseouent offenses, by suspension of the business license for
a period not exceedino one year.
E. Toppino Prohibited.
Intent. To insure healthy, structurally stable, aesthetically plea sino trees and mitioate
public liability.
1. Toppino shall mean the severe cuttino back of limbs to stubs laroer than
three inches in diameter within the tree's crown to such a deoree so as to remove
the normal canopy and disfioure the tree. It shall be unlawful to top or stub trees.
2. Utility line c1earino shall be accomplished by the drop crotch method of
. prunino and shall include side branches.
ORDINANCE NO. 575
PAGE 6
3. All pruninq of public trees shall be in accordance with current pruninq
specifications of the City Parks Division.
F. Appeals.
Appeals reqardinq denial of tree removal permits bv the Director are to be
submitted in writinq to the Park and Recreation Commission within 14 days of the
Directors decision. Actions of the Parks and Recreation Commission are final unless
appealed to the City Council.
I:h G. Exceptions. A tree removal permit is not required for the following:
1. Trees in hazardous condition that represent an immediate danger to
health or property as determined by the City;
2. Christmas tree lots;
3. Fruit trees;
4. Owners of firewood harvesting lots need not obtain a removal permit, if the
species of trees harvested are eucalyptus or pines. .
5. Trees that present an imminent fire safety hazard as determined in writinq
bv the Director of Buildinq and Fire.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unlawful.
SECTION 3: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council.
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion of Council Member Arnold, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Arnold, Guthrie, Costello, and Mayor Ferrara
Council Member Dickens
None
the foregoing Ordinance was passed and adopted this 22nd day of November, 2005.
ORDINANCE NO. 575
PAGE 7
ATTEST:
APPROVED AS TO CONTENT:
f;..-;",<~7 ,
. ~ / ,7:.,? .
STEVEN -ADAMS, CITY MANAGER
APPROVED AS TO FORM:
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 575 which was
introduced at a regular meeting of the City Council on November 8, 2005; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 22nd day of November 2005; and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd
day of November 2005,