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O 585ORDINANCE N0.585 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 RELATING TO 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 the regeneration of all trees; and WHEREAS, on February 14, 2007, the Parks and Recreation Commission reviewed and considered the information presented and recommends approval of the proposed amendments to the Arroyo Grande Municipal Code relating to the community tree program. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: 1. The above recitals and findings are true and correct. 2. Amoyo Grande Municipal Code Section 12.16:020 (Definitions) is hereby amended to add the following definition as follows: "Dead Regulated Tree" means a regulated tree that is no longer alive or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exist to sustain life) and has been determined to be in such a state of decline by a certified arborist during anon-dormant or other natural stage of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state. 3. Arroyo Grande Municipal Code Section 12.16.070 is hereby amended as follows: 12.16.070. Tree removal in residential, mixed use or commercial zones. A. No person(s) shall allow or cause the removal of any regulated tree on property used or zoned multifamily 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 Agrifolia) greater than twelve (12) inches in diameter when measured four feet and six inches from the base located insingle-family residential zoned areas and any trees located in the public right-of-way in single-family residential zoned areas maybe removed without first obtaining 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. ORDINANCE NO. 585 PAGE 2 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. Subject to obtaining a tree removal permit, a dead regulated tree, as defined by Section 12.16.020, may be removed, and a replacement tree from the approved City tree list and acceptable to the Director of Parks, Recreation and Facilities or his/her designee will be required to be planted in its place, unless determined by the Director of Parks, Recreation and Facilities to be unnecessary due to special circumstances of the site. E. Standards for the Pruning of Trees on Private Property. 1. The city council may adopt by resolution standards for the pruning of regulated trees on private property, with which all licensed tree companies doing business in the city shall comply. At a minimum all pruning 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 exceeding ninety (90) days, and for a second offense or any subsequent offenses, by suspension of the business license for a period not exceeding one year. F. Topping Prohibited. Intent: to insure healthy, structurally stable, aesthetically pleasing trees and mitigate public liability. 1. Topping shall mean the severe cutting back of limbs to stubs larger than three inches in diameter within the Uee's crown to such a degree so as to remove the normal canopy and disfigure the tree. It is unlawful to top or stub trees. 2. Utility line clearing shall be accomplished by the drop crotch method of pruning and shall include side branches. 3. All pruning of public trees shall be in accordance with current pruning specifications of the city parks division. G. Appeals. Appeals regarding denial of tree removal permits bythe director are to be submitted in writing to the park and recreation commission within fourteen (14) days of the director's decision. Actions of the parks and recreation commission are final unless appealed to the city council. ORDINANCE N0.585 PAGE 3 H. 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 writing by the director of building and fire. 4. If any section, subsection, subdivision, paragraph, sentence, or Gause 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, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. 5. 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 Director of Administrative Services/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 Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. 6. This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member Fellows, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: Council Members Fellows, Guthrie, Costello, Amold, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 27'" day of March, 2007. ORDINANCE NO. 585 PAGE 4 ~~ ~ TONY FER ,MAYOR ATTEST: /~ ~~ ~ ~ ~~ KELLY ETM RE, CITY CLERK APPROVED AS TO CONTENT: ST EN ADAMS,C MANAGER APPROVED AS TO FORM: ~~n~/~C, TIMQ+'rHY J. EL, CITY ATTORNEY OFFICIAL CERTIFICATION 1, 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. 585 which was introduced at a regular meeting of the City Council on February 27"', 2007; was passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 27'" day of March 2007; 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 29'" day of March 2007. C.t'~4" KELLY ET ORE, CITY CLERK