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O 008 C.S. ORDINANCE NO. e C S ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 3 OF TITLE.IO OF THE ARROYO GRANDE MUNICIPAL CODE. RELATING TO. TREES, SHRUBS AND - - PLANTS> THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 3 of Title 10 of the Arroyo Grande Municipal Code relating to trees, shrubs and plants is amended to read as follows: SEC. 10-3-01 PURPOSES. That it is in the best interest of the City of Arroyo Grande and of the citizens and public to produce a more desirable, pleasing and beautiful City; and to maintain and enhance community value; and to promote public health, safety, comfort and general welfare; For these reasons the City Council of the City of Arroyo Grande finds it in the public interest, convenience and necessity to enact regulations controlling the planting, maintenance and removal of trees, shrubs and other planting now and hereafter in or overhanging any street, park or public place in the City and providing for the right to plant, maintain or remove such trees and shrubs. SEC. 10-3-02 DEFINITIONS. (a) City - The City of Arroyo Grande (b) Commission - The Parks and Recreation Commission of the City of Arroyo Grande. (c) "Historic Tree" - is hereby defined as a tree existing in planter strips and public places or which has been found by the Park and Recreation Commission of the City of Arroyo Grande to be a tree of notable historic interest because of its age, type or historic associations, and has been designated by resolution of said Commission -1- as an historic tree. (d) Maintenance - includes pruning, spraying, fertilizing, staking, irrigating, treat- ing for disease or injury and any other similar acts which promote the life, growth, health or beauty of trees or shrubs. (e) Parks - includes all parks to which names have been given by action of the City Council, after recommendation by the Park and Recreation Commission. (f) Parkways - is that area between the curb and sidewalk, see "Planting Strip". (g) Person - includes an individual, firm, association, corporation, partnership and the lessees, trustees, receivers, agents, servants and employees of any such person. (h) Plant - includes trees, shrubs and all other plant material, non-woody, annual or perennial in nature. (i) Plantinq Easement - An easement adjacent and parallel to a public right-of-way for the purpose of planting and maintaining of street trees. (j) Plantinq Strip - includes all that area between the curb, or the place where the curb should be, and the adjacent property line. A planting strip may also be identified as a median strip within a public right-of- way. -2- - (k) Public Places - includes all grounds, other than streets or parks, owned by the City. (1) "Park Director" - shall mean the Park Director of the City of Arroyo Grande or his duly appointed agent. (m) Public Utility Easement - includes those areas designated on recorded subdivision maps along lot lines as such. (n) Shrub - includes any woody perennial plant, normally low, several stemmed, adaptable to shaping, trimming and pruning without injury. (0) "Specimen Tree" - is hereby defined as a tree existing within planting strips and public areas which has been found by the Park and Recreation Commission of the City of Arroyo Grande to be of high value because of its type and/or age, and has been so designated by resolution of said Commission to be a specimen tree. (p) Streets - includes all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way of the City. (q) Street Trees and Shrubs - includes any tree or shrub in any street, park or public place in the City of Arroyo Grande. (r) Tree Well - an unsurfaced area provided within a concrete sidewalk for the plant- ing of a tree. -3- ---~--_...- .- SEC. 10-3-03 REQUIRED PLANTING AND MAINTENANCE. (a) The Park Director may require that the plant- ing of street trees be included in all building plans that appear before the Architect- ural Board of Review for approval, and all related costs shall be borne by the owner. The selection'. of species and the specifica- tions for planting shall be the responsibility of the Park Director. The maintenance of these trees shall be the responsibility of the owner until the occupancy certificate is issued. No tree designated as an "Historical" or "Specimen" tree on the Plan shall be removed from the site without prior approval of the Park and Recreation Commission. The above requirements shall be in force from the effective date of this Ordinance. (b) The Park Director may require a six (6) foot tree planting easement on all or select streets within new subdivisions in addition to dedicated rights of way for the planting of street trees in conformity with the uniform plan covering the area involved. No tree designated as an historical or specimen tree on the plan shall be removed from the site of a proposed subdivision without the prior approval of the Park and Recreation Commission. -4- .-- ..-----..- .- r (c) The Park Director shall require the plant- ing of street trees within the planting strip and/or planting easement when ease- ments are required, of all new subdivisions in conformity with the requirements of this Ordinance and the uniform planting plan covering the area involved, and in conform- ance to specifications adopted by the Park and Recreation Commission. This requirement may be waived by the Park and Recreation Commission providing the subdivision developer includes a clause in the covenants or deed restrictions of said subdivision, which will result in the fulfillment of the intent and purposes of this section of this Ordinance. (d) No tree designated as a historical or specimen tree on the subdivision map shall be removed from the site of said proposed subdivision without the prior approval of the Park and Recreation Commission. (e) In new subdivisions the subdivider shall pay to the City of Arroyo Grande the sum or sums designated and established by the Park Director for th~ purchase and planting of street trees within said subdivision. The selection, purchase, planting and main- tenance of such trees shall be performed by the Park Director. (f) Any proposed change in a public street right -5- _..- ---...-..-- of way direction or width, or any proposed street improvement shall, where feasible, include allowances for planting strips. Plans and specifications for planting such areas shall be integrated into the general plan of improvements and it shall be the duty of the Director of Public Works to coordinate the design of such improvements with the Park Director prior to completion of final overall plans. When the planting strips is situated between the inside edge of sidewalk and the property line, a tree easement of six (6) feet behind the property line shall be retained or obtained where possible. Where tree ease- ments are granted in this pattern, trees may be planted therein. (g) It shall be the responsibility of the property owner to properly maintain all planting strips fronting on his property regardless of whether such property is developed. This maintenance shall include keeping such strips free from weeds or any obstructions deemed contrary to public safety and in conformance with the official plan. The placing of tar paper, plastic or other material over the ground, or the use of materials or chemicals intended to ermanently sterilize the soil in these strips, is prohibited. -6- --- ,___ _m_._.."..__ (h) Parkway areas within the City may be planted in ground cover not to exceed 12 inches in height; or crushed rock or similiar materials may be used, not to include concrete, providing such planting and/or materials are maintained and do not constitute a hazard or public nuisance. (i) It shall be required of and the responsibility of the property owner to provide street tree planting "wells" within any concrete sidewalk placed within Commercial or Industrial Zoned Districts in the City after adoption of this Ordinance. Said IIwellsll shall be located as required by the Park Director and of such size as specified by adopted "Street Tree Planting Specifications". SEC. 10-3-04 MAINTENANCE AND REMOVALS. (a) The City of Arroyo Grande shall, at its own cost and expense, inspect, maintain and, when it desires, remove and replace trees in public areas and plantin~ strips. (b) The Park Director is hereby made responsible for the inspection, maintenance, removal and replacement of all official, specimen and historic trees within public areas and planting strips as defined herein. (c) The Park 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 -7- -- -. ....---- limbs may be pruned or cut back to compensate for loss of root area. (d) The Park Director may cause removal of overhead limbs from any tree, regardless of the location of such tree, if in his opinion such removals are necessary in the interest of public safety. In the event such trees are on private property, the Park Director shall notify the property owner of such intent to remove limbs by written notice at least ten (10) days prior to such removals, except in the case of manifest public danger and immediate necessity. (e) Nothing in this Ordinance shall be deemed to impose any liability upon any member of the City Councilor the City of Arroyo Grande, or any of its officers or employees, not to relieve the owner and occupant of any private property from the duty to keep his private property, sidewalks and plant- ing strip in front of such private property in a safe condition and so as not to be hazardous to public travel. (f) Whenever a property owner desires to have a tree removed from a planting strip, he or his agent shall apply to the Park Director for a permit for such removal. If the tree is found to be in good condition and the permit is granted solely for the convenience of the applicant, then the full -8- ------ ....--.- . cost of such removal and replacement shall be borne by the applicant. SEC. 10-3-05 PROTECTION. (a) No person shall, without a written permit from the Park Director, remove, trim, prune, cut, spray, brace or replace any tree planted, or maintained by the City of Arroyo Grande in public areas or planting strips, including properly designated specimen and historic trees. Upon per- mission being granted to any person for the purpose of trimming, pruning, cutting, removing or replacing any tree, all such work shall be done within a sixty (60) day period and under the general supervision of, and in accordance with, rules established by this Ordinance and the Park Director or authorized representatives. Where trees are removed, all stumps, including underground portions to a depth specified by the Park Director, shall be removed during such operations. All such permits shall be void after the expiration of the sixty (60) day period. (b) Any person, firm or corporation engaged in the business of removing City trees shall carry public liability and property damage insurance in an amount to be deter- mined by the City Council and policies or certificates thereof shall be filed with the City Clerk. Where deemed advisable, -9- ._---~- - the Park Director may require the posting of a performance bond in an amount equal to the cost of the proposed job, which bond shall guarantee the completion of the job in accordance with rules established by the Park Director. Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commiss'ion of the State of California and any duly constituted public agency authorized to provide an providing utility service, shall be given a permit from the Park Director, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the city or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. (c) No person shall interfere, or cause any person to interfere with any work being done under provisions of this Ordinance by any employee of the City of Arroyo Grande or any person or firm doing work for said City on bid, hire or assignment. -10- -- --.----.-- ------ .-.-----..--.- 0_ (d) It shall be unlawful for any person to injure or destroy any tree planted or maintained by the City of Arroyo Grande in public areas or planting strips by any means, including, but not limited to, the following: l. Constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any tree so as to shut off air, light or water from its roots. 2. Piling building equipment, material or other substance around any tree so as to cause injury. 3. Pouring any deleterious matter on or around any tree or on the surrounding ground, lawn or sidewalk. 4. Posting any sign, poster' , notice or otherwise on any tree, tree stake or guard, or by fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard. 5. Cause or permit any wire charged with electricity to come in contact with any tree without having first obtained a written permit from the Park Director. 6. Cause or encourage any fire or burning near or around any tree. (e) Any tree damaged or destroyed by any act set out in Sec. 10-3-05, or through neglect, carelessness, vandalism, mischief or accident shall be replaced through payment -11- .-.---- by the person or persons causing such loss to the City of Arroyo Grande in an amount to be determined by the Park Director. SEC. 10-3-06 RESPONSIBILITY FOR TREE-DAMAGED SIDEWALKS (a) The Public Works Director may from time to time prepare a list of particular street trees, or trees on private property which have created a present and immediate danger to pedestrian travel by causing damage to the contiguous sidewalk, or have inter- fered with drainage flow in gutters or resulted in traffic hazards in adjacent streets. The list shall be delivered to the Park Director for comment or revision. (b) After agreement between the Park Director and the Director of Public Works on necessary corrections the Director of Public Works shall order repair or replacement of said sidewalks, curb and gutter or such other damaged improvement, after the street tree causing said damage has been root trimmed or removed as determined by the Park Director in the best interests of the public health and safety. (c) Trees on private property, which have or will, in the judgment of the Director of Public Works and the Park Director, caused or will cause damage to the contiguous sidewalk, curb or gutter, shall be root trimmed or the tree removed and said damage to public property be repaired by the owner of said tree. -12- --..._- (d) No person shall permit branches of trees or shrubs to extend within nine (9) feet from the ground over any portion of the sidewalk area or within twelve (12) feet from the ground over any portion of a residential street abutting the property on which the tree is growing, or wi thin fourteen (14) feet on streets designated as truck routes. SEC. 10-3-07 APPEALS An appeal to the City Council from any action of the Park Director may be made by filing a written notice thereof with the City Clerk within ten (10) days after such action is taken. The appeal shall clearly specify the reasons for which a hearing by the City Council is requested. The City Clerk shall thereupon place such appeal on the agenda of the City Council for its next regular meeting, at which time and applicant and the Park Director may present evidence. SEC. 10-3-08 AUTHORITY. This Ordinance is intended to give, and does hereby give, full and complete authority to the Park Director over any and all official, specimen and historic trees now planted and growing, or hereafter to be planted and grown upon any and all streets, public areas, and planting strips in the City of Arroyo Grande. -13- SECTION 2. EFFECTIVE DATE This Ordinance shall be in force and effect thirty (30) days after its passage and within fifteen (15) days from its passage it shall be published once in the Herald-Recorder, a newspaper printed and published in the City of Arroyo Grande together with the names of the Councilmen voting thereon. On motion of Councibl.O.fnan Thompson , seconded bY' Councilman Levine , and on the following roll call vote, to-wit: AYES: Councilwoman Thompson, Councilmen Levine, Schlegel, Burt and Mayor Wood NOES: None ABSENT: NDne passed and the foregoing Ordinance was/adopted this 23rd day of May , 19~ . /S/ Addison B. Wood MAYOR A'lTEST: ~ ';"A...."I.../ TY I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. a C.S.is a true, full and correct copy of said Ordihance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council on the 23rd day of May , 19~. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 24th day of May , 19~. ~~h?~ Arroyo Grande (seal) .----., -.-....- .'-----.-