The City of Inglewood contains many species of native and non-native
trees of significant size and quality that contribute in a positive
way to its environment. Trees that are properly maintained increase
property values, maintain the natural ecology, temper the effects
of extreme temperatures, reduce runoff, prevent erosion of topsoil,
and help create and maintain the identity and visual character of
the City. Trees can help to provide protection from flooding and risks
of landslides. They also increase oxygen output, which helps to combat
air pollution. This Article is intended to protect and preserve significant
trees and control the re-shaping, removal or relocation of those trees
that provide benefits for the neighborhood or the entire community
while recognizing that there are rights to develop private property.
The City Council hereby finds that the wanton and wholesale
destruction of trees could impair the scenic beauty of the area, cause
erosion of top soil, create flood hazard and risk of landslides, reduce
property values, and increase the cost of construction and maintenance
of drainage systems through the increased flow and diversion of surface
waters.
For these reasons the City Council finds it in the public interest,
convenience and necessity to enact regulations as may be reasonably
consistent with the economic enjoyment of private property which will
control the cutting or trimming, relocation, or removal of trees within
the City in order to ensure that such tree work is in conformance
with the International Society of Arboriculture (ISA) standards.
(Ord. 12-06 5-8-12)
The Tree Preservation Ordinance is applicable to all types of
existing industrial, commercial, residential-medical and multifamily
development, and to new development, under-developed properties, or
undeveloped properties. Maintenance and removal of street trees is
managed by the City's Parks, Recreation and Library Services. On developed
single-family properties, only those trees that were required to be
planted as part of the Zoning Ordinance or were required to be planted
or protected in place as a condition of approval for development are
protected trees that require a permit for trimming or cutting, relocation
or removal. Trees required to be planted on a single-family lot as
part of the Zoning Ordinance include street trees or trees required
to be planted in the front yard as street trees. Side yard trees on
a corner lot outside of the fence are also protected trees under this
Article. Trees within the rear yard area of single-family properties
are exempt unless they were required to be planted or protected in
place as part of the conditions of approval or discretionary action.
Examples of non-exempt trees in rear yards may include trees planted
such as a specimen tree that was in place prior to the homes being
developed. Trees planted by a single-family homeowner for purposes
other than as a condition of approval are exempt from all portions
of this Article.
(Ord. 12-06 5-8-12)
For the purposes of this Article, the following words shall
have the meanings indicated in this Section:
shall be as defined by the International Society of Arboriculture.
It shall include a "Consulting Arborist" who satisfied the requirements
of the American Society of Consulting Arborists (ASCA) and who is
determined by ASCA to meet the standards of Certified or Consulting
Arborist as defined above.
shall mean the detaching or separating from a protected tree
any live limb or branch over one inch in diameter, any pruning which
changes the shape or natural character of the tree or any branch removal
that removes more of the tree canopy than recommended under ISA Standards.
shall mean any action that causes permanent injury, death
or disfigurement to a tree. This may include, but is not limited to,
cutting, poisoning, over watering, withholding water, unauthorized
relocating or transplanting of a protected tree, trenching, excavating,
or paving within the protected zone of a tree.
shall mean the unsightly and injurious trimming of a protected
tree. This shall include tree-trimming practices that are not in conformance
with the International Society of Arboriculture Standards. It shall
include pruning practices such as stubbing, heading, heading back,
stubbing off, pollarding, tipping, hat racking, topping off, de-horning,
lopping, or rounding over any protected trees. These practices are
not permitted with or without a permit from the City of Inglewood.
Existing pollarded trees shall be examined on a case-by-case basis
as permits for trimming protected trees are requested.
shall mean the limbs, branches, or portion of a tree that
contains no green leaves or live wood during a period of the year
when green leaves should be present.
shall mean all of the area of ground underneath the tree
to the outermost edge of any portion of the tree's canopy. When depicted
in plain view, the drip line will appear as an irregularly shaped
circle that follows the outline of the tree's canopy as seen from
above.
shall mean any intrusion of human activity into the protected
zone of a specimen or protected tree. This includes, but is not limited
to, pruning, grading, excavating, trenching, installation of fencing,
parking vehicles, driving, storing materials or equipment, or construction
of structures or other improvements.
shall mean any tree planted in memory of or in commemoration
of an individual or individuals or a specific event by an entity recognized
by the City of Inglewood. This in general will not include Christmas
trees planted by a family or other similar type plantings.
shall mean any natural person, partnership, firm, corporation,
governmental agency, or other legal entity.
shall mean to drastically trim a tree removing the majority
of the branching structure so that all that remains are stubs of the
main branches, which then are forced to put out new branches. The
new branches are weakly attached to the main structure of the tree.
Because of the cuts, the tree is usually susceptible to any airborne
diseases and invasive insects.
shall mean a tree of a specific species or size that may
not be reshaped, altered, damaged, relocated or removed without first
obtaining a Tree Removal and Cutting Permit from the City of Inglewood.
Protected trees shall not include trees planted and growing in a licensed
nursery for sale or planted and grown as a part of an active commercial
orchard.
shall mean the area located under the undisturbed canopy
of the tree as described in the definition for "Drip Line" and extending
for an additional one foot from the center point of the tree to beyond
the farthest point of the drip line of the tree.
shall mean the removal of water sprouts, crossed limbs, or
other unhealthy branching structure as designated by the ISA. Such
removal shall not change the natural form of the tree, shall not consist
of stubbing or heading back branches, and shall in no case consist
of removing more of the total tree canopy than recommended under ISA
Standards.
shall mean the transplanting of a tree from its original
location to another suitable location.
shall mean the physical removal of a tree or causing the
death or untimely decline of a tree through actions including, but
not limited to, damage, destruction, unnecessary disfigurement, withholding
water, poisoning, or other deliberate or willful action or inaction.
shall mean actions needed for the continued health of a tree
including, but not limited to, the removal of deadwood or storm damaged
branches, light pruning to remove sucker growth or improve scaffolding
when such pruning does not alter the natural form of the tree, removal
of branches less than one inch in diameter.
shall mean a tree that is representative of a particular
species in form and size. It is a tree that may also represent the
character of an area or neighborhood.
is a tree that is planted in the right-of-way of a street
and is also maintained by the City. It is usually located in the planter
strip between the curb and the sidewalk or in a median island.
shall mean any woody perennial plant characterized by having
a single trunk or multi-trunk structure at least ten feet high and
having a major trunk with a caliper of at least four inches measured
fifty-four inches above the ground level. It shall also include those
species of plants generally designated as trees and any required tree
shown on City approved landscape plans.
See "Cutting."
(Ord. 12-06 5-8-12)
The following trees, when located on properties to which this Article applies as set forth in Section 12-111, shall be protected trees:
(A)
Trees
having a minimum trunk diameter of eight inches measured fifty-four
inches above the ground. When measuring a multi-trunk tree, the diameters
of the largest three trunks shall be added together.
(B)
Street
trees or other required trees such as those required as a condition
of approval, Use Permit, or other zoning requirement, regardless of
size.
(C)
All
memorial trees dedicated by an entity recognized by the City, and
all specimen trees that define a neighborhood or community.
(D)
Trees
of the following species that have reached a minimum of four inches
diameter trunk size:
1.
Big
Leaf Maple Acer macrophyllum
2.
California
Buckeye Aesculus californica
3.
Madrone Arbutus menziesii
4.
Western
Dogwood Cornus nuttallii
5.
California
Sycamore Platanus racemosa
6.
Coast
Live Oak Quercus agrifolia
7.
Canyon
Live Oak Quercus chrysolepis
8.
Blue
Oak Quercus douglassii
9.
Oregon
White Oak Quercus garryana
10.
California
Black Oak Quercus kelloggii
11.
Valley
Oak Quercus lobata
12.
Interior
Live Oak Quercus wislizenii
13.
California
Bay Umbellularia californica
(E)
A tree
or trees of any size planted as a replacement for a protected tree.
|
Trees located on a developed single-family residential lot that
cannot be further subdivided are exempt unless they have been required
or protected as a condition of approval.
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(Ord. 12-06 5-8-12)
Any person who owns, controls, or has custody of any real property
within the City shall maintain all protected trees located thereon
in a state of good health. This includes parcels designated as permanent
open space or for recreational purposes. Failure to maintain said
trees in a state of good health will constitute a violation of this
Section.
(Ord. 12-06 5-8-12)
Nothing in this Chapter shall be deemed to impose any liability
for damages or a duty of care and maintenance upon the City or upon
any of its officers or employees. The person in possession of any
public property or the owner of any private property shall have a
duty to keep protected trees upon the property and under their control
in a safe and healthy condition.
(Ord. 12-06 5-8-12)
No person shall remove, destroy, perform cutting of branches
over one inch in diameter, or disfigure or cause to be removed or
destroyed or disfigured any protected tree without having first obtained
a permit to do so. All protected trees shall require a permit for
removal, relocation, cutting or reshaping. All removed or disfigured
trees shall also require replacement with like-size, like-kind trees
or an equal value tree or trees as determined by the City's Master
Plan or the Parks, Recreation and Library Services Department. If
a replacement tree is unavailable in like size or kind, the value
of the original protected tree shall be determined using the latest
edition of "Guide for Plant Appraisal" by the
International Society of Arboriculture. The valuation shall be used
to determine the number and size of replacement trees required.
The replacement trees shall be located on site wherever possible.
Where there is not sufficient room on site for the replacement trees
in the judgment of the City's Parks, Recreation and Library Services
Department, another site may be designated that is mutually agreeable.
These replacement trees shall not be counted as part of the required
trees to meet zoning standards for the original site.
Routine maintenance of protected trees shall not require a permit.
However, no protected tree shall be severely pruned, topped, pollarded
or otherwise pruned in a way that disfigures the natural form of the
tree. This maintenance shall include only tree pruning practices that
are approved by the International Society of Arboriculture or practices
authorized by the City of Inglewood. Except in emergency situations
where a branch is causing immediate danger to the public in the opinion
of a certified arborist, major pruning or trimming of a protected
tree, cutting of live branches over one inch in diameter, pollarding,
removing of large branches obscuring a sign, or other large scale
limb removal will require a permit prior to any work being performed.
A one-year pruning permit that is not site-specific may be issued
under the following circumstances: (1) the applicant has a certified
arborist on staff who is listed on the City's list of certified arborists;
(2) the applicant has agreed in writing to perform work in accordance
with City-approved International Society of Arboriculture standards;
and (3) the applicant has submitted a written protocol describing
the proposed activity. Utilities or their sub-contractor, whose work
is performed or supervised by a certified arborist included on the
most recently approved list of certified arborists maintained by the
City, may receive a yearly permit for all protected trees to be trimmed
but shall demonstrate to the City's satisfaction the use of International
Society of Arboriculture best practices for all work. All other permits
shall be site-specific. Tenants of any property shall have the express
written consent of the owner prior to removing or cutting any protected
trees on that property and prior to obtaining any required permits.
(Ord. 12-06 5-8-12)
An application for a Protected Tree Removal or Cutting Permit
shall be filed for all protected trees along with the inspection fee
as specified in the Master Fee Schedule. The application shall be
filed and approved prior to any tree removal, relocation, or cutting.
Where protected tree removal, relocation, or encroachment into the
protected zone of a tree is requested as part of the development of
a lot or parcel, the application must be processed prior to the issuance
of any grading, trenching, encroachment, demolition, or building permit
for development. On receipt of a completed application, the City's
Parks, Recreation and Library Services Director or designated representative
shall inspect the premises and determine which protected trees may
be removed or what reshaping or cutting may occur.
(Ord. 12-06 5-8-12; Ord. 13-04 11-5-13)
The following criteria will be used when evaluating Protected
Tree Removal or cutting requests:
(A)
The
condition of the existing protected tree with respect to disease,
danger of falling, or deadwood.
(B)
Danger
to the public or to other protected trees in its present condition
or location.
(C)
Interference
with existing utilities (e.g., sewer lines, power lines) or with a
neighboring property's view; provided that the view interference was
not pre-existing or the tree is estimated not to have existed prior
to the neighboring house being built.
(D)
Whether
the protected tree is a specimen tree, or memorial tree.
(E)
Whether
the protected tree is lifting the sidewalks and the sidewalk cannot
be re-poured with a root barrier or relocated to preserve the tree.
(F)
Whether
removal, relocation, re-shaping, or encroaching into the protected
zone of the tree is necessary in order to allow reasonable use of
the property.
(G)
Whether
the protected tree is anchoring a slope or the removal or disturbance
of the protected zone of the tree would cause erosion, loss of soil,
increase the flow of surface runoff, or cause a diversion of water
that would affect downstream properties.
(H)
The
total number of overall or protected trees on the property in comparison
to surrounding properties and the effect the tree removal would have
on surrounding property values.
(I)
Whether
an effort has been made to preserve the character of the area and
the more valuable specimens have been preserved or relocated on-site.
(J)
Whether
the property will support the number of existing trees, taking into
consideration any proposed development and zoning for the property,
in a healthy growing condition and whether a different layout might
allow for the preservation of the tree(s) in place.
(K)
Whether
the protected tree is encroaching on or damaging the existing primary
residence or development and if it is, whether it could be trimmed
or reshaped in a natural looking form or the roots pruned and redirected
with root barriers to protect the existing development.
(Ord. 12-06 5-8-12)
No person shall cut, move, or remove any protected tree in violation
of the terms or conditions of any permit granted hereunder. Tree Removal
or Cutting Permits shall include such conditions of approval as are
appropriate to affect the purpose of this Article. Such conditions
may include, but are not limited to, the following:
(A)
Replacement of protected trees removed or destroyed with a tree or trees equal in size and species or value as provided in Section 12-116.
(B)
The
retention of certified arborist to supervise all pruning both of branches
and roots, re-shaping, trimming or relocation of protected trees.
(C)
The
branch and root structure of all protected trees to remain in place
or protected trees that have been relocated on site shall be protected
by the use of a substantial construction fence, such as a non-movable
chain link fence, placed around the protected zone of each protected
tree. Such protection shall be in place prior to any construction
equipment or materials being on-site. Fencing shall remain in place
until construction equipment, materials, and debris have been removed
from the site and approval from the City's Planning Department has
been given for removal. No mechanical equipment, material, debris,
paint or paint products, pallets, chemicals, contaminated water or
other foreign material shall be allowed to be placed, poured, piled,
pushed, or stored within the protected zone of any tree.
(D)
Each
protected tree or any tree designated to remain in place on the construction
site shall receive routine maintenance during the entire construction
process.
(Ord. 12-06 5-8-12)
If personal injury or property damage is determined by the City's
Parks, Recreation and Library Services Director, or designated representative
to be imminent due to the hazardous or dangerous condition of a protected
tree, or if the protected tree is an immediate impediment to the work
of any public safety officers, a protected tree may be cut or removed
without a permit. A protected tree that is removed under these conditions
shall be replaced by a twenty-four inch box tree since the removal
of a protected tree under emergency circumstances does not negate
the conditions of approval or zoning requirements for a site.
(Ord. 12-06 5-8-12)
Any affected party may appeal a permit decision made by the Parks, Recreation and Library Services Director, or designated representative, to the Parks and Recreation Commission in accordance with the appeals process detailed in Section 5-68 of the Inglewood Municipal Code. The Parks and Recreation Commission may approve, conditionally approve or disapprove the application based on the criteria listed in Section 12-118.
The decision of the Parks and Recreation Commission may be appealed to the City Council in accordance with the appeals process detailed in Section 5-68. The City Council may approve, conditionally approve, or disapprove the application based on the criteria listed in Section 12-118. In the event significant new evidence, which may include substantial changes in the application, is presented in conjunction with the appeal, the matter shall be returned to the Parks and Recreation Commission for further consideration and action. In the absence of significant new evidence, the action of the City Council shall be final and conclusive.
(Ord. 12-06 5-8-12)
Should a protected tree be substantially re-shaped, topped,
removed, damaged or destroyed without a permit, a fine equal to the
value of the protected tree shall be charged in addition to the replacement
of the protected tree with a like-kind, like-size tree. The value
of the original protected tree shall be determined using the latest
Edition of "Guide for Plant Appraisal" by the International Society
of Arboriculture. If the size of the protected tree cannot be determined
due to the unauthorized removal of a protected tree, the size shall
be determined by measuring the stump that remains or may be determined
by anecdotal evidence or interpolated from photographs or adjacent
trees. A missing protected tree shall be assumed to have been in perfect
health, unless the property owner can prove otherwise by photo or
other verifiable evidence.
The Parks, Recreation and Library Services Department shall notify the property owner and alleged violator (if different than the property owner) of the violation and fine in writing. The notice shall include a description of the alleged violation and provide the owner ten business days to request an administrative hearing before the City's Parks, Recreation and Library Services Director, or designated representative. The notice shall also indicate that the decision of the Parks, Recreation and Library Services Department is final unless appealed to the Parks, Recreation and Library Services Director. The Parks, Recreation and Library Services Director shall consider all relevant evidence. All decisions of the Parks, Recreation and Library Services Director are final subject to provisions of Section 12-125.
(Ord. 12-06 5-8-12)
Fines for violation of this Article are payable at the City's
Finance Office. Fines must be paid within thirty business days. The
City's Finance Department is authorized to collect all unpaid civil
fines.
(Ord. 12-06 5-8-12)
Violation of any provisions of this Article shall be chargeable as a misdemeanor as provided in Inglewood Municipal Code Section 1-18. In addition to the foregoing criminal penalty, violation of any provisions of this Article shall be the basis for injunctive relief.
(Ord. 12-06 5-8-12)
Any unpaid costs or penalties imposed pursuant to this Article
shall constitute a special assessment against the real property upon
which a violation of this Article has occurred. All costs and/or fines
shall be itemized in a written report of assessment. The Finance Director
shall cause a copy of the report and assessment to be served on the
owner of the property not less than five days prior to the time fixed
for confirmation of the assessment. Service may be made by enclosing
a copy of the report of assessment in a sealed envelope, postage prepaid,
addressed to the owner at his or her last known address as the same
appears on the last equalized assessment rolls of the County of Los
Angeles and depositing the same in the United States mail. Service
shall be deemed complete at the time of mailing.
A copy of the report of assessment shall be posted in the office
of the City Clerk on the bulletin board designated for the posting
of agendas, not less than three days prior to the time when the report
shall be submitted to the City Council. The City Council shall hear
the report, together with any objections by the property owner. After
the assessment is made and confirmed by the City Council, it shall
be a lien on said property.
(Ord. 12-06 5-8-12)
Any permit issued shall be valid for a period of one year from
issuance, or, if an appeal is taken, one year from the final decision.
(Ord. 12-06 5-8-12)
A permit shall be subject to revocation if the conditions of
the permit or the regulations set forth herein or incorporated herein
are violated. Before taking any action to revoke the permit, the Parks,
Recreation and Library Services Department shall give notice to the
permittee in writing of the proposed revocation, the reasons therefor,
and the time and place the permittee will be given an opportunity
to show cause to the Parks, Recreation and Library Services Department
why the permit should not be revoked. The written notice may be personally
served upon the permittee or mailed to the permittee at the address
shown on the application at least ten days prior to the hearing. Upon
conclusion of the hearing, the Parks, Recreation and Library Services
Department may revoke the permit upon a finding of noncompliance with
the conditions of the permit or the regulations herein.
The Parks, Recreation and Library Services Department's decision to revoke the permit may be appealed as set forth in Section 12-121.
Any permittee who has had an annual, non-site specific permit revoked shall not be eligible for a new annual, non-site specific permit for a period of six months from the date of the final decision revoking the permit. During the six-month period, the permittee may apply for only individual, site-specific permits and must meet the requirements of Section 12-117.
(Ord. 12-06 5-8-12)
