Note: Prior ordinance history: Ord. 331.
The following words shall have the respective meanings assigned to them in the following definitions for purposes of this chapter:
means an individual who is certified as an arborist, possesses and maintains a city business license, and is on the official list of city approved arborists at the time the work is performed.
means the city's acquisition, expansion or rehabilitation of its land facilities, buildings, equipment or other infrastructure.
means the city of La Cañada Flintridge.
means the city council of the city.
means the city manager of the city, or designee.
means trees located in the public right-of-way.
means the city's public works and traffic commission.
means any act which causes or tends to cause significant injury or disfigurement to a city tree, including the root system, or impairs its structural integrity. This includes, but is not limited to, poisoning, burning, or girdling a city tree.
means any development work upon private property including, but not limited to:
means the director of public works or designee.
means pruning or cutting out of water sprouts, suckers, twigs, or branches less than three inches in diameter whereby the existing shape and size of the city tree is unaffected. Removal of dead wood, broken branches, and stubs are permitted within this definition. Trimming or pruning of roots is not permitted within this definition.
means a written letter signed by an appellant. Said term shall not include electronic mail.
means trimming, spraying, bracing, staking, treating for disease or injury, or other work performed to promote the life, growth, health or beauty of a city tree, excluding watering.
means the list prepared and maintained by the director identifying all approved arborists that may perform work on city trees. A copy of said list shall be available in the office of the director.
means the city's official map of city trees, a copy of which shall be available in the office of the director, which shall identify the species of all city trees as determined by the city council.
means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
means any development activity within 30 feet of a city tree.
means a person who is the record owner, as shown on the Los Angeles County assessor's latest secured real property assessment roll.
shall have the same meaning as "trimming."
means any city-owned or controlled property used for public travel and/or as a buffer between road use and private property.
means transplanting a tree, complete extraction of a tree, or cutting of a city tree so that only a stump remains.
means property on either side of any street.
means the fund established by the city council for purposes of planting, maintaining and protecting city trees.
means detaching or separating either in whole or in part, any limb, branch, and/or root, from any part of a city tree.
(Ord. 424 § 1, 2014)
A.
The city council shall, by resolution, designate the species of all city trees pursuant to the following criteria:
1.
Desirable characteristics of growth, including avoidance of conflicts with any overhead utilities; and
2.
Adaptability to local climate, soil and street conditions; and
3.
Ease of maintenance, including avoidance of invasive roots and limb breakage; and
4.
Aesthetics, consistency, and compatibility with the neighborhood.
B.
Prior to any designation or re-designation of species of city tree on a street block, the director shall schedule a public hearing before the city council and provide a minimum of ten days' notice of the public hearing to the property owners on the affected street block. Notice shall be by first-class U.S. mail.
C.
The director shall prepare and maintain the official map of city trees, a copy of which shall be available in the office of the director, which shall identify the species of all city trees as determined by the city council.
D.
The city council hereby authorizes the director, in consultation with the city's arborist, to determine the number, spacing, and method of planting of all city trees.
(Ord. 424 § 1, 2014)
A.
Property owners within a street block may file a petition to amend the official map of city trees in order to request a different species of city tree for a street block than the species of city tree designated in the official map of city trees as follows:
1.
The petition must be signed by at least 80% of the property owners on the street block and must indicate agreement on the species of city tree proposed to be planted.
2.
The petition shall be delivered to the director along with any fees required as adopted by city council resolution, which may be amended from time to time.
3.
Upon receipt of the petition and the required fees, the director shall schedule a public hearing before the city council and provide a minimum of ten days' notice of the public hearing to the property owners on the affected street block. Notice shall be by standard first-class U.S. mail.
4.
The city council shall approve the petition if it can find that the proposed species of city tree to be planted is consistent with the findings set forth in Section 4.24.030(A).
5.
Following the public hearing, the city council shall either approve or deny the petition. Should the city council approve the petition, the city council shall amend, by resolution, the species of city tree designated for that street block.
B.
The city shall replace the city trees on that street block with the new approved species as existing city trees die. Should the petitioning property owners wish to remove the existing city trees and replace with the new species earlier, the property owners shall be subject to the following:
2.
Removal of the city trees and planting of the newly approved city trees shall be performed by the city; however, the city shall be fully reimbursed for its costs by each of the petitioning property owners jointly and severally. Such costs shall include, but are not limited to, cost of removal of existing city trees, the cost of the new city trees, cost of planting the new city trees, and cost of an arborist to monitor the new city trees for a period of one year.
(Ord. 424 § 1, 2014)
A.
An individual property owner may petition to remove an existing city tree(s) immediately abutting the property owner's property and replace it with a new species as follows:
2.
The petition shall be delivered to the director along with any fees required.
3.
Upon receipt of the petition and the required fees, the director shall schedule a public hearing before the city council and provide a minimum of ten days' notice of the public hearing to the property owners on the affected street block. Notice shall be by first-class U.S. mail.
4.
The city council shall approve the petition if it can find that the proposed species of city tree to be planted is consistent with the findings set forth in Section 4.24.030(A).
5.
Following the public hearing, the city council shall either approve or deny the petition.
B.
Should the petitioning property owner receive city council approval and wish to remove the existing city tree(s) and replace with the new species of city tree immediately, the property owners shall be subject to the following:
2.
Removal of the city tree(s) and planting of the newly approved city tree(s) shall be performed by the city; however, the city shall be fully reimbursed for its costs by each the petitioning property owner. Such costs shall include, but are not limited to, cost of removal of existing city tree(s), the cost of the new city tree(s), cost of planting the new city tree(s), and cost of an arborist to monitor the new city tree(s) for a period of one year.
(Ord. 424 § 1, 2014)
A.
The director may authorize and direct the removal of a city tree at city expense subject to the following requirements:
1.
The director finds that, in his or her judgment, one or more of the following conditions exist:
a.
A city tree is dead; or
b.
A city tree is diseased and cannot be cured with reasonable effort and cost; or
c.
A city tree is a hazard; or
d.
A city tree creates such an unreasonable burden upon an abutting property owner, it would be unfair or unjust to allow the city tree to remain and/or creates an unreasonable economic burden or hardship upon the property owner.
2.
The director's finding(s) is supported by a written recommendation from either the city's arborist or an independent arborist selected by the director. This requirement shall not be applicable for removal pursuant to subsection (A)(1)(a).
3.
Prior to the removal of a city tree, the city shall provide notice to the property owner of each property on the affected street block. The notice shall state the location of the city tree to be removed, the conditions that exist which support removal, and the appeal process to challenge the director's decision to remove a tree as set forth in subsection C. Notice shall be by first-class U.S. mail.
4.
A determination by the director shall be final and effective unless the decision is timely appealed to the commission as set forth in subsection C.
5.
The director shall replant a new city tree when possible following the removal of a city tree.
B.
Notwithstanding the procedure set forth in subsection A, the director may elect to defer his or her decision to remove a city tree and to have the commission make the findings set forth in subsection (A)(1). In such case, the director shall make a recommendation to the commission supported by the written recommendation from either the city's arborist or an independent arborist selected by the director. The commission shall proceed in accordance with the notice and hearing procedure set forth in subsections (C)(2) and (C)(3) prior to rendering a final decision.
C.
A determination by the director shall be final and effective unless appealed to the commission in accordance with the following procedure:
1.
Any interested party shall submit a letter of appeal to the city clerk, together with any required fees, within 15 calendar days following the date of issuance of the city's notice of proposed city tree removal, and shall be accompanied by a written statement setting forth the reasons for the appeal and any supporting evidence.
2.
If a letter of appeal is timely received by the city clerk, the decision of removal shall be stayed and the director shall schedule a public hearing before the commission no later than 60 days following the city's receipt of the letter of appeal. Should the appellant desire a new arborist report to be considered by the commission, the appellant shall include such request in his or her letter of appeal. The appellant shall be responsible for selecting the arborist from the official "city approved arborist and tree trimmers list," a copy of which shall be available in the offices of the director of community development, and paying for the arborist report and submitting it to the director within 30 days after filing the letter of appeal.
3.
Notice of the public hearing shall be provided in writing to the property owner of each property on the affected street block at least ten days prior to the public hearing. The notice shall state the date and time of the public hearing and a brief description of the appeal. Notice shall be by first-class U.S. mail.
4.
Following such hearing by the commission, it shall consider the matter and may affirm, reverse or modify the director's decision. If the director made a recommendation in accordance with subsection B, the commission may approve, deny, or approve/deny in part, the recommendation. The commission may include any reasonable conditions as part of its decision.
D.
Appeal to City Manager. The determination by the commission shall be final and effective unless appealed to the city manager in accordance with the following procedure:
1.
Any interested party shall submit a letter of appeal to the city manager, together with any required fees, within 15 calendar days following the date of the commission's decision, and shall be accompanied by a written statement setting forth the reasons for the appeal and any supporting evidence. For purposes of this section, the date of the commission's decision shall be the meeting date at which the commission took action on the appeal.
2.
If a letter of appeal and any required fees are timely received by the city clerk, the city clerk will provide a notice of appeal to the property owner of each property on the affected street block. The notice of appeal shall provide a date by which any written comments or statements, including any supporting documents, may be submitted for consideration by the city manager. Following said date, the city manager shall review the minutes of the commission, the letter of appeal and any supporting documents, and any other statements timely received during the appeal. Following such review and consideration de novo, and without any public hearing, the city manager may affirm, reverse or modify the decision by the commission. The city manager's decision shall be in writing and may include any reasonable conditions as part of his or her decision.
E.
Appeal to City Council. The determination by the city manager shall be final and effective unless appealed to the city council in accordance with the following procedure:
1.
Any interested party shall submit a letter of appeal to the city clerk, together with any required fees, within 15 calendar days following the date of the city manager's decision, and shall be accompanied by a written statement setting forth the reasons for the appeal and any supporting evidence. For purposes of this section, the date of the city manager's decision shall be the date shown on the city manager's written decision.
2.
If a letter of appeal is timely received by the city clerk, he or she shall schedule a public hearing before the city council no later than 60 days following the city clerk's receipt of the letter of appeal.
3.
Notice of the public hearing shall be provided in accordance with subsection (C)(3).
4.
Following such hearing by the city council conducted de novo, it shall consider the matter and may affirm, reverse or modify the decision by the commission. The city council may include any reasonable conditions as part of its decision.
5.
The determination of the city council shall be final and effective immediately.
F.
Notwithstanding the foregoing, a city tree may be removed without notice or the right to appeal if:
1.
In the reasonable judgment of the city manager and in consultation with the city arborist or an independent arborist selected by the director, the delay involved in issuing said notice, conducting public hearing(s) and potential appeals would constitute an imminent hazard to persons or property; or
2.
Removal of a city tree is necessary in furtherance of a capital improvement project.
G.
In any case, where the commission, the city manager, or the city council desires another arborist report before it renders a decision, the selection of the arborist shall be mutually agreed upon by both the city and the appellant and the cost of the report shall be equally shared by the city and the appellant. If the parties are unable to mutually agree upon an arborist, the commission, the city manager, or the city council, as applicable, shall select the arborist.
(Ord. 424 § 1, 2014)
A.
Any property owner desiring to remove a city tree abutting his or her property shall submit an application, along with any required fees, to the director requesting such removal to be undertaken by the city. The application shall be on a form approved by the director and shall be accompanied by a written statement setting forth the reasons for the request and any supporting evidence.
B.
Upon receipt of an application and the required fees, the director shall schedule a public hearing before the commission.
C.
Notice of the public hearing shall be provided in writing to the property owner of each property on the street block at least ten days prior to the public hearing. The notice shall state the date and time of the public hearing and a brief description of the action. Notice shall be by first-class U.S. mail.
D.
The commission shall approve the request for removal if it finds any of the following:
1.
The city tree creates an unreasonable burden upon the abutting property owner; and/or
2.
The city tree creates an unreasonable economic burden or hardship upon the abutting property owner; and/or
3.
The city tree creates a disproportionate impact on the abutting property owner and/or street frontage based on the size of the city tree.
E.
Following the public hearing by the commission, it shall consider the matter and may approve, deny, or approve/deny in part. The commission may include any reasonable conditions as part of its decision.
F.
The determination by the commission shall be final and effective unless appealed to the city manager and/or the city council in accordance with the procedures set forth in Section 4.24.060(D) and (E), respectively, except that the city manager and city council shall render the decision based on the findings set forth in subsection D.
G.
In any case, where the commission, the city manager, or the city council desires another arborist report before it renders a decision, the selection of the arborist shall be mutually agreed upon by both the city and the appellant and the cost of the report shall be equally shared by the city and the appellant. If the parties are unable to mutually agree upon an arborist, the commission, the city manager, or the city council, as applicable, shall select the arborist.
H.
Where the applicant receives a final decision of approval by either the commission or city manager and wishes to remove the city tree immediately, the costs to do so shall be shared equally by the city and the applicant.
I.
The director shall replant a new city tree when possible following the removal of a city tree.
(Ord. 424 § 1, 2014)
A.
Non-Emergency Removal of a City Tree.
1.
In such case as a public utility determines that a city tree should be removed in a non-emergency situation, the public utility shall submit a letter to the director setting forth the location of the tree, the reasons for removal of the tree, and any supporting documentation.
2.
The director shall approve said request upon the showing of good cause, in his or her reasonable determination.
3.
In addition to receiving approval from the director, the public utility shall obtain an encroachment permit from the director before removal.
B.
Emergency Removal of a City Tree. The requirements of subsection A shall not be applicable where removal of a city tree is required in an emergency situation to protect or maintain overhead public utility lines, or existing subsurface water, sewer, or other utility lines. In such case, a representative of the public utility shall notify the city manager in writing within 72 hours of removal of the city tree setting forth the location of the city tree, the justification for removal, and any supporting evidence, including, but not limited to, pictures, arborist reports, and other supporting documentation justifying removal of the city tree. Failure to comply with this provision shall be deemed a misdemeanor and be subject to the fines and related penalties set forth in Section 4.24.110.
C.
The public utility shall bear the full cost of removal of any city tree pursuant to removal under this section.
(Ord. 424 § 1, 2014)
A.
The city shall maintain all city trees except as follows:
1.
A property owner may maintain a city tree in accordance with the terms and conditions of the city's Adopt-a-Tree Program, as established by the city council and implemented by the director.
2.
A property owner may perform incidental trimming, as defined in Section 4.24.020, on city trees abutting his or her property subject to prior city approval of an incidental tree trimming permit.
3.
A public utility may perform maintenance on city trees to protect utility lines or equipment, or existing subsurface water, sewer, or other utility lines, subject to obtaining an encroachment permit from the director. Trimming shall be performed in a manner that is consistent with the requirements of the California Public Utilities Commission.
4.
A public utility may perform maintenance on city trees without an encroachment permit in an emergency situation in order to protect or maintain overhead public utility lines, or existing subsurface water, sewer, or other utility lines. In such case, a representative of the public utility shall notify the city manager in writing within 72 hours of emergency maintenance of the city tree(s) setting forth the location of the city tree(s), the justification for emergency maintenance, and any supporting evidence, including, but not limited to, pictures, arborist reports, and other supporting documentation of the city tree. Failure to comply with this provision shall be deemed a misdemeanor and be subject to the fines and related penalties set forth in Section 4.24.110.
B.
Any person who performs maintenance on any city tree, except as may be authorized in subsection A, shall be in violation of this chapter.
C.
It shall be the duty and responsibility of a property owner to water city trees abutting their property. For watering guidelines of various species of trees, the city has adopted the "Tree Preservation and Protection Guidelines," which are available in the office of the director of community development and on the city's website.
(Ord. 424 § 1, 2014)
A.
In recognition that development activity may present harm to city trees, this section is intended to ensure that reasonable safeguards are taken to ensure that city trees are protected during development activity.
B.
Prior to commencing development activity in a project area, a property owner or applicant shall cause an arborist report to be prepared by an arborist from the official list of city approved arborists with respect to all city trees that are located in the project area. Said arborist report shall be delivered to the director for his or her review to determine what measures, if any, are required to protect the health of the city tree(s).
1.
The arborist report shall contain the following information:
a.
The name, address and daytime telephone number of the preparer.
b.
For each city tree, the circumference and diameter of the trunk, measured 54 inches above natural grade or, in the case of multiple trunks, the cumulative diameter of all trunks that are 54 inches above natural grade.
c.
The locations of the city tree(s) and the outlines and dimensions of the respective canopies on a corresponding site plan.
d.
Aesthetic assessment of the city tree(s), considering factors such as, but not limited to, symmetry, broken branches, unbalanced crown, excessive horizontal branching.
e.
Recommendations to remedy structural problems where required.
f.
Evidence of disease.
g.
Identification of insects or pests.
h.
Evaluation of vigor, such as new tip growth, leaf color, abnormal bark, presence of deadwood and thinning of crown.
i.
Health rating based on the archetype tree of the same species.
j.
Recommendations to improve the health of the city tree(s), such as insect or disease control, trimming and fertilization.
k.
Evaluation of the proposed development activity as it impacts each city tree, including suggested mitigation and/or future maintenance measures where required.
2.
In lieu of the property owner or applicant obtaining an arborist report, the property owner may authorize the director to obtain the arborist report on behalf of the property owner or applicant, subject to a deposit and full reimbursement of the cost of the arborist report.
3.
All arborist reports will be reviewed by city staff, in consultation with an arborist, if necessary. If arborist review is required, such review is subject to a deposit, based on a reasonable estimate of the director's and/or consultant's/arborist's costs to be incurred by the city to conduct the review, or as may be established by fee resolution of the city council, whichever is greater.
4.
The property owner shall comply with the recommendations of the arborist.
C.
Remedies for Non-Compliance. In the event of non-compliance with any requirement in this section, the director may issue a stop work order for all or part of the development activity on the property.
(Ord. 424 § 1, 2014)
A.
The following actions are prohibited and are violations of this code:
1.
Performing any maintenance on a city tree, unless authorized to do so pursuant to Section 4.24.090(A).
2.
Failing of a property owner to water a city tree abutting his or her property.
3.
Damaging any city tree.
4.
Causing a city tree to die.
C.
In addition to the penalties imposed in subsection B, a person who is in violation of subsection A shall be required to pay restitution to the city to mitigate the loss of the city tree(s) as follows:
2.
The amount of restitution shall be established in the city's tree restitution chart as adopted by resolution of the city council, as amended from time to time. A copy of said resolution shall be available in the office of the director and on the city's website.
3.
Restitution shall be paid into the city's tree replacement fund.
4.
Failure to pay restitution after the date ordered shall constitute a new, continuing, and separate offense each day that the restitution amount remains unpaid. All civil, criminal, and/or administrative remedies may be exercised for each such offense.
5.
Any person who is required to pay restitution and who meets the low, very-low, or extremely-low income categories as established annually by the California Department of Housing and Community Development may apply for a financial hardship waiver as follows:
a.
The request for waiver shall be on a form approved by the director and available in the office of the director;
b.
The completed form shall be submitted to the director within ten days of the notification of required payment of restitution;
c.
Upon receipt of such application, the director shall schedule a hearing before a hearing officer. Notice of the hearing shall be sent by certified mail, return receipt requested, at least ten calendar days prior to the hearing;
d.
At the time fixed for the hearing, the hearing officer shall consider all relevant evidence demonstrating a financial hardship;
e.
A financial hardship shall be determined to exist if the person requesting the waiver meets the then-current low, very-low, or extremely-low income categories as established annually by the California Department of Housing and Community Development; and
f.
If the hearing officer finds that a financial hardship does not exist, the hearing officer shall deny the application. If the hearing officer finds that a financial hardship exists, the hearing officer may modify and/or waive the amount of restitution that is required to be paid. The decision of the hearing officer shall be in writing and shall be sent by certified mail, return receipt requested within 30 days of the hearing. The decision of the hearing officer shall be final.
(Ord. 424 § 1, 2014)