The purpose of the requirements set forth in this chapter is to regulate the placement of parkway trees and provide for the proper selection of new trees to minimize problems in public facilities, and to establish requirements for the preservation and proper maintenance of existing trees located on public property that are deemed important to the general welfare and the benefit of the community. The Los Alamitos city council has found and determined that the community has an interest in preserving trees as an important natural resource which provide scale, color, aroma, visual buffers between land uses, increased property values, and which contribute to the environment by improving general aesthetics, modifying temperatures by providing shade and reducing heat and glare, reducing wind velocity, reducing noise, purifying and replenishing oxygen, controlling soil erosion, and providing wildlife habitat. The city council has further found and determined that the regulations set forth in this chapter are necessary to attain such purpose and interest.
(Ord. 630 § 2, 1999)
For the purposes of this chapter, the following words, terms, phrases and their derivations shall have the meaning given herein. The word "shall" in this chapter is always mandatory and not merely directory.
"Approved tree list"
means the list of acceptable trees for parkway planting established pursuant to Section 12.24.050 of this chapter.
"City"
means the city of Los Alamitos.
"City manager"
means the city manager of the city of Los Alamitos or his or her designee.
"City street" or "street"
means the area or a public street within and maintained by the city, from easement line to easement line, including curbs, gutters, sidewalks and driveways.
"City tree"
means any tree growing on property owned or controlled by the city, including but not limited to all streets, parkways, public places, and all easements granted to the city and/or the public.
"Dripline"
means the outermost line of the tree's canopy projected straight down to the ground surface. As depicted in a plan view, the dripline appears as an irregularly shaped circle.
"Easement"
means a recorded or established right or interest in the land of another which entitles the holder of the easement to some use, privilege or benefit out of or over said land.
"Ground cover"
means low growing plants (less than six inches in height at maturity) that cover the ground in lieu of turf.
"Hardscape"
means the material used in sidewalks, roadways and other solid and rigid surfaces and structures, including but not limited to concrete, cement and asphalt.
"Maintain" or "maintenance,"
when used in reference to parkway trees, means and includes pruning, trimming, root pruning or shaving, removal, spraying, supporting, treating for disease or injury, or any other similar act which promotes tree life, growth, health or appearance.
"Nuisance tree"
means any tree with a root system that (i) according to International Society of Arboriculture standards, or if inapplicable, other nationally recognized arboriculture standards (collectively "ISA") is capable of causing damage to surrounding landscapes or hardscapes or in its present condition poses a danger to public health or safety or interferes with the free use of a public right-of-way, and (ii) such damage, danger or interference is imminent. A nuisance tree shall include, but is not limited to:
A. 
Any tree which is known to reproduce itself excessively;
B. 
Any dead, diseased, infested, leaning or dying tree in a parkway so situated as to constitute a danger to other parkway trees, streets or hardscape, or any portion thereof, or the life, health or safety of the public or adjoining public property;
C. 
Any tree in a parkway which according to ISA standards is likely to destroy, impair or otherwise interfere with any other parkway tree, street or any portion thereof, or any public utilities or poles, improvements or services including but not limited to sewer, water or cable television lines or any stop sign, signal or fire hydrant, and such destruction, impairment or interference is imminently likely;
D. 
Any tree growing upon private property but overhanging or interfering with the use of any street, parkway or public place of the city which endangers the life, health, safety or property of the public;
E. 
The existence of any branches or foliage on private or public property that interferes with visibility on, free use of, or access to, any portion of any Street improved for vehicular or pedestrian travel.
"Parkway tree master plan"
means the plan for the management of the city's urban forestation pursuant to Section 12.24.060 of this chapter.
"Parkway"
means the portion of the street between the sidewalk and the roadway for vehicular travel, or any private property adjoining the roadway over which the city or the public holds an easement or other property right.
"Parkway tree"
means any tree growing within any street, parkway or right-of-way.
"Public place"
means any property that is owned or controlled by the city and is open to public use.
"Right-of-way"
means an area or strip of land, either public or private, on which a right of passage has been established or recorded.
"Shrub" or "bush"
means any woody vegetation or woody plant having multiple stems and bearing foliage from the ground up.
"Street"
means all or any portion of property owned or controlled by the city and designated for the use of the public as a thoroughfare for travel, including but not limited to sidewalks, gutters, drains, roadways, medians and parkways.
"Tree"
means a woody perennial plant which usually has, but is not limited to, a single dominant trunk and has an expected mature height of 15 feet or more, or has an existing trunk diameter of four inches or more measured at 24 inches above finished grade.
"Turf"
means any grass or lawn area.
"Vine"
means a plant whose stem requires support and which climbs by tendrils or twining.
(Ord. 630 § 2, 1999; Ord. 649 § 1, 2002)
The city shall have jurisdiction and control of the selection, planting, setting out, location, pruning, maintenance and removal of all trees planted and growing on property owned or controlled by the city.
(Ord. 630 § 2, 1999)
Except as otherwise provided herein, no city tree or parkway tree shall be planted, maintained, or removed except in conformity with the provisions set forth in this chapter and the parkway tree master plan. When any new parkway tree is planted, it shall conform to the requirements set forth in Title 17, Zoning of the Los Alamitos Municipal Code, any additional requirements set forth herein, and any other requirements imposed as a condition of approval for necessary permits.
(Ord. 630 § 2, 1999)
The city council shall establish by resolution a list of approved parkway trees. The list shall be maintained by the city manager and shall be kept on file with the city clerk. The city manager shall review the list from time to time and may make recommendations for changes thereto to the city council.
(Ord. 630 § 2, 1999)
The city council shall establish by resolution a parkway tree master plan. Such plan shall be maintained by the city manager and shall be kept on file with the city clerk. The city manager shall review the plan from time to time and may make recommendations for changes thereto to the city council.
(Ord. 630 § 2, 1999)
The city manager shall have the authority to grant tree trimming permits (see Section 12.24.090) and tree planting permits (see Section 12.24.120) as required by and subject to the provisions of this chapter. The city manager shall further have the authority to impose any conditions on the approval of such permits as are deemed necessary by the city manager to fulfill the purposes and intent of this chapter.
(Ord. 630 § 2, 1999)
The city manager shall have the authority to require specific maintenance to any tree, bush, shrub, ground cover, vine or turf in or upon any right-of-way, easement or parkway which: (A) interferes with the construction, reconstruction, repair, maintenance or use of any city street or public utility; (B) is dead or dying; (C) creates a hazard to the public safety; or (d) does not conform to the type, variety or species of tree on the approved tree list or does not conform to the parkway tree master plan.
(Ord. 630 § 2, 1999)
A. 
Permits Required.
1. 
No person, except authorized city personnel and agents, shall trim or alter any city tree, including but not limited to any parkway tree, without having first obtained a tree trimming permit. Any trimming, shaping, thinning or pruning of a city tree shall be done in accordance with pruning standards adopted by the International Society of Arboriculture or the National Arborists Association.
2. 
No person, except authorized city personnel or agents, shall remove any city tree.
3. 
Any alteration or removal work done pursuant to a permit shall be performed in accordance with the terms and conditions of the permit and consistent with the provisions of this chapter.
B. 
Prohibitions. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section 1.20.010 of this code, for any person to perform or cause any of the following actions:
1. 
Damage, cut, carve, etch, hew or engrave, poison or injure the bark or root system of any city tree except for standard root pruning or shaving procedures performed by authorized city personnel or agents;
2. 
Post or affix to any city tree any bill, poster, placard, picture, announcement, notice, advertisement or sign, or cut, paint, print or make any of the same upon such tree or affix or attach in any manner any other thing whatsoever, including any guy wire or rope to any such tree;
3. 
Top or prune any city tree in a manner that threatens the health of the tree and is not consistent with pruning standards adopted by the International Society of Arboriculture and/or the National Arborists Association.
4. 
Allow any gaseous, liquid or solid substance harmful to trees to come in contact with any part of any city tree, including but not limited to over-watering;
5. 
Deposit, place, store or maintain upon the ground surrounding any city trees any stone, brick, concrete or other material which may impede the free passage of air, water and fertilizer to the roots of any tree;
6. 
To perform or cause any act requiring a permit in accordance with this chapter without first obtaining such permit.
(Ord. 630 § 2, 1999)
An owner of property abutting a parkway where a tree is designated to be removed may request the city manager to exempt such tree from removal. The city manager may approve or deny such request. The city manager may impose conditions upon the approval including, but not limited to, a requirement that the abutting owner post cash, a bond or other security acceptable to the city to defray the present and future costs of maintaining the tree and public improvements affected thereby.
(Ord. 630 § 2, 1999)
A. 
No person may plant or cause to be planted any parkway tree in the city without first obtaining a permit approved by the city manager. Any person desiring to plant a parkway tree shall purchase the tree through or from the city. The city public works department shall establish a program whereby trees on the approved tree list are readily available to property owners at reasonable and competitive prices.
B. 
Any owner, lessee or agent constructing or arranging for the construction of a building shall also provide for the planting of trees in the parkways in accordance with the parkway tree master plan adjacent to the site of the building, and the building inspector shall deny occupancy to any building until such trees exist or the planting thereof has been guaranteed by an agreement acceptable to the city manager; unless such person can show, to the satisfaction of the city manager, that such planting is infeasible.
C. 
All plantings should be made in accordance with good horticultural practice as determined by the city manager.
D. 
Plantings for new developments shall conform to the landscaping standards set forth in Title 17 of this code.
E. 
The city manager shall specify the spacing and recommended size of parkway trees and may adopt guidelines pursuant to Section 12.24.190, Regulations by city manager, for the location of such trees in relation to sewer, gas, water and other utility meters or lines, driveways, street lights, power poles, fire hydrants and intersections. Such regulations shall take into account existing and future city rules and regulations as well as those of other public agencies and public utility companies.
(Ord. 630 § 2, 1999)
Any person responsible for the illegal topping, pruning, damage to, destruction of, or removal of any city tree may be required to pay a restoration fee to the city or replace the tree(s) by replanting a tree of approximately equal size, significance and prominence. The fee shall be established by the city manager with the following considerations:
A. 
An amount sufficient to permit the city to maintain the damaged city tree over whatever period is required to restore it to appropriate condition;
B. 
If the city tree cannot be fully restored within a reasonable time, the city manager shall fix the restoration fee at an amount sufficient to replace the tree with a like tree and maintain the new tree until it is fully established;
C. 
The city manager may require the posting of a bond in an amount sufficient to restore or replace the subject tree as a part of such process.
(Ord. 630 § 2, 1999)
The city council shall establish, by resolution, a schedule of fees for permits required by this chapter.
(Ord. 630 § 2, 1999)
Any person aggrieved by the determination of the city manager may appeal the determination to the city council in writing within 15 days after written notice of such determination by the city manager. The city council shall set the matter for hearing and give written notice to the appellant of the time and place set for the hearing. Following the hearing, the city council shall render its decision either orally or in writing within 30 days. Any person ordered to restore a tree or trees shall do so within 15 days of the city council's action on the appeal. If restoration is not completed by such date, then it may be undertaken by the city. The cost of restoration shall be a lien on the property or a debt of the person who removed the tree or trees if such person does not own the property on which the trees were located.
(Ord. 630 § 2, 1999)
Nothing in this chapter shall be deemed to impose any liability upon the city, its officers, employees or agents for any action or failure to act which occurs on public or private property. Nor shall any provision in this chapter relieve the owner of any private property from the duty to keep any tree growing thereon in such condition as will prevent it from constituting a health or safety hazard or an impediment to travel or vision upon any street, parkway or public place.
(Ord. 630 § 2, 1999)
It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.20.010 of this code, for any person to obstruct, impede or interfere with any representative of the city enforcing the provisions of this chapter, whether the actions by the city representative take place on public or private property.
(Ord. 630 § 2, 1999)
It is be unlawful and a misdemeanor, subject to punishment in accordance with Section 1.20.010 of this code, for any person to violate any provision or fail to comply with any of the requirements in this chapter. The city manager or code enforcement officer may, in his/her discretion, issue a warning or enter into an administrative settlement agreement in lieu of prosecution. The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance.
(Ord. 630 § 2, 1999)