3988ORDINANCE N0. 3988
AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING SECTION 18.84.038 OF TITLE 18,
CHAPTER 18.849 OF THE ANAHEIM MUNICIPAL
CODE AND ADDING A NEW SECTION IN ITS PLACE
AND STEAD RELATING TO TREE PRESERVATION.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Section 18.84.038 of Title 18, ,Chapter 18.849
of the Anaheim Municipal Code be, and the'same is hereby,.
repealed.
SECTION 2.
That new Section 18.84.038 be, and the same .is here-
by, added to Title 18,.Chapter 18.84, of the Anaheim Municipal
Code to read as follows:
1118.84.038 TREE PRESERVATION.
Preservation of significant stands
and single .specified trees in the Scenic
Corridor Zone is necessary to preserve the natural
beauty of the Santa Ana Canyon environment,.
increase'.the visual identity and quality of the
area, and protect the remaining natural amenities
from premature removal or destruction.
.010 Definitions. In the context .of
this ordinance, the-To-11owing words shall have the
meaning respectively ascribed to them:
"Specimen Tree" is hereby defined as any
tree of the Eucalyptus varieties (Eucalyptus),
Quercus varieties (Oak), Schinus varieties (Pepper),
or Platanus varieties (Sycamore), with a trunk
measuring eight (8) inches -or greater in diameter,
measured at a point four (4) feet above ground level.
"Stand" is hereby defined as five (5) or
more Specimen Trees located on any parcel of land.
"Destroy" is hereby defined as to include
but not be limited to cutting down, trimming,
topping or pruning any Specimen Tree to a height of
less than twenty-five feet above ground level as
measured at the base of the trunk of such tree.
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.020.Sco e. Except as provided in sub-
section .030 hereof, it shall be unlawful for any
person to out down, destroy, or remove,. or otherwise
direct -or permit -the cutting down, destruction, or
removal of one or more trees from any Stand of
Eucalyptus Specimen Trees, or one or more Oak,
Pepper, or Sycamore Specimen Trees growing within
the boundaries of the Scenic Corridor Zone,.with-
out a permit therefor issued by. the :City of Anaheim
pursuant to the provisions of this Section.
.030' LAWful Cutting -pr Removal 'of
=ecimen Tree.s. The . ollowing
Specimen Trees may be out down, destroyed or removed
lawfully provided that, prior to such removal, a
certificate :attesting to the hereinafter required
fact has been obtained from a licensed tree surgeon
authorized to do business within the''City:
.031 Diseased trees. whose condition is
a source .of present dange7& to healthy trees in
the .immediate. vicinity;
.03.2 Trees. so weakened by age, disease,
storm, fire, excavation, removal of adjacent
trees, or any injury so as to cause-1mminent
danger to persons or property;
.033 Trees whose general health and
condition are .a source of present danger 'of
falling onto existing or proposed structures
or utility lines;
.034 Dead trees.
.040.''Application to Cut Down Destroy -or
Remove ecimen Trees:., Applications
for authority to out own, destroy or remove Specimen
Trees (other than those -described in subsection .030.
above) shall be filed with the .Planning Department on
forms provided for such purpose. The application
shall show clearly by: diagram, plot plan or photograph,
the :location and identity of the trees sought :to be
removed, the name and address of the owner and such
information as indicated on the form provided.
Applications shall be referred directly to the Planning
Commission for determination.
.050. Findings_ and Issuance_ 'of -._Permit _b�
anniAg Co ss on or CltY.Council
As a prerequisite .to granting any Specimen Tree
Removal Permit, the' Planning Commission or City
Council may impose conditions and shall make .one (1.)
or more of the following findings:
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.05.1 That princ''' les of good forest
management will best be .berved by the proposed
removal;
.052 That a reasonable and practical
development .of the property on which the tree
is located requires removal of the tree or
trees.whose removal is sought;
.053 That the character of the .immediate
neighborhood in respect -of forestation will not
be materially affected by the proposed removal;
.054 The topography of the building site
renders removal reasonably necessary;
.055 That regard for the safety of
persons or property requires the removal.
.060 Replacement of Trees. Any Specimen
Trees removed pursuant to a perAl obt tained hereunder
shall be replaced with the planting on the same
parcel of property of an equal number of trees. from
the following specified list:
Square Footage
of Coverage in
Botanical Name Common Name Ten (10) Years
Albizia Julibrissin
Silk Tree.
500.
Alnus Rhombifolia
White. Alder
300.
Arbutus Menziesii
Madrone .
500
Brachychiton Aerifolium
Flame .Tree
300
Certatonia Siliqua
Carob Tree
300
Cercis Occidentalis
Western Redbud
175
Cherisia Speciosa
Floss Silk Tree
175
Cinnamomum Camphora
Camphor Tree.
175
Cupania Anacardioides
Carrot Wood
300
Erythrina Caffea
Kaffirboon Coral
500.
Eucalyptus Species.
Gum Tree
75
Ficus Species -
Fig Tree
300.
Gleditsia Triacamthos
Honey Locust
500
Jacaranda Acutifolia
Jacaranda
700.
Kolreuteria Formosana
Chinese Flame Tree
500.
Liquidambar Formosana
Chinese Sweet Gum
300
Pinus Canariensis
Canary Island Pine
175
Pinus Coulteri
Coulter Pine
300
Pinus Holepensis
Aleppo Pine
700
Pinus Padiata
Monterey Pine
500
Platanus Racemosa
California Sycamore
700
�. Pterocarya Sterioptera
Chinese Wingnut
700
Pinus Kawakani
Evergreen Pear
500
Quercus Agrifolia
California Live Oak
300
Salix Babylonica
Weeping Willow
500
Schinus Molle
California Pepper
500
Tipuana Tipu
Tipu Tree
500
Ulmus Parvifolia
Semporvirens
Chinese 'Elm
500
(Walnut) Juglans
California
S. Ca. Black Walnut
500
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.07.0 A�eal.. The decision of the Planning
Commission shall be final unless appealed to the City
Council by either the applicant or an opponent
provided written notice of such appeal shall be .filed
with the City Clerk within twenty-two (22). days from
the date of the Commission's action on the' matter.
No Specimen. Tree: Removal Permit which is approved by
action of the .Planning Commission as provided in this
section shall be issued prior to the expiration of
said appeal period.
.080 , 'Injuring Specimen Trees. - Unlawful Acts.
It is unlawful for any person to Mur; or amage,
or otherwise .authorize or direct the .injuring or
damaging of any Specimen Tree by any means,- including,
but not limited to. the following:
'.081 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;
.08.2 Piling building equipment, material
or other substances around any tree so as to cause
injury;
'.083 Pouring any deleterious matter on or
around any tree.'or on the .surrounding ground,
lawn or sidewalk;
.084 Posting any sign, poster, notice or
other matter. 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;
.085. Cause or permit any wire .charged
with electricity to.come in contact with'any tree.;
.086 Cause or encourage .any fire .or
burning near or around any tree.
'.090 ' Penalty. Violation of any
provision of, Ta orng to comply with any of the
mandatory requirements'of .this Section shall be a
misdemeanor punishable by a fine .of not more than
Five Hundred Dollars ($500.00), or by imprisonment
in the City or County Jail for a period not
exceeding six (6 ) months., -or by both such fine .and
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imprisonment, for each offense. Each violation of
this section shall be deemed a separate offense and
shall be punishable accordingly."
SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim hereby
declares that should any section, paragraph, sentence or word
of this ordinance be declared for any reason to be invalid, it
is the intent -of the Council that it would have passed all other
Portions of this ordinance independent of the elimination here -
from of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, .
nor bebonstrued as a waiver of any penalty or the penal
provisions applicable .to any violation thereof. The provisions
of this ordinance, insofar as they are substantially -the same
as ordinance provisions previously adopted by the City relating
to the same subject matter., shall be construed as restatements
and continuations, and not as new enactments.
SECTION 5.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after. its adoption in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and
circulated in said City, and thirty (30) days from and after
its final passage, it shall take effect and be. in full force.
THE. FOREGOING ORDINANCE is approved and adopted by
the City Council of the City of Anaheim this - 17th. day of
April , 1979.
ATTEST:.
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STATE.OF CALIFORNIA )
COUNTY OF ORANGE. ) as.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City -Clerk of' -the City-.of-Anaheiis, do hereby certify
that the.foregoing Ordinance'No. 3988 was introduced at a regular meeting of
the'City.Council.of'.the'City.of Anaheim,.held-on the 20th.day of March, 1979,
and reiiitroduced'as amended -at a.regular.meeting of the'City Council of the
City of'Anaheim, held -on the 10th.day of'Apri1,91979�, and that the same
was duly passed and adopted at a regular meeting of said City Council held on
the 17th day of April, 1979, by the following vote of the members thereof:
AYES: COUNCIL'MEMBERS:' Overholt, Kaywood, Kot.t and Seymour
NOES: COUNCIL MEMBERS: Roth..
ABSENT:. COUNCIL.MEMBERS:' None
AND.I FURTHER CERTIFY that.the'.Mayor of the City bf'Anaheim signed said
Ordinance No. 3988 on the'l7th-.day of.'April,-1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this.17th day of'April, 1979.
_C2&_46�0 op - . if -Y-7 - -
CITY CLERK OF THE CITY ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 3988 and was published once
in the Anaheim Bulletin on the 27th day of April, 1979.
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