5171a
ORDINANCE NO. 5171
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 13.12 OF TITLE 13 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING
TO STREET TREES
WHEREAS, the enactment of this ordinance is necessary to
further the following public purposes:
(a) To realize the optimum public benefits of trees on
the city's streets including abatement of air and
noise pollution, conservation of energy by shading
buildings and hardscape areas, enhancement of the
visual environment and promotion of community pride.
(b) To integrate street tree planting and maintenance
with other urban elements and amenities including
but not limited to utilities and vehicular and
pedestrian traffic.
(c) To promote efficient, cost effective management of
the city's urban forest by coordinating public and
private efforts within a comprehensive and
professional management system.
(d) To reduce the public hazard, nuisance and expense
occasioned by improper tree selection, planting and
maintenance.
(e) To create and maintain a unified urban forest
resource, enhancing the city's overall character.
THEREFORE THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN as follows:
Cnrtinn 1
That Chapter 13.12 of Title 13 of the Anaheim Municipal
Code be amended in its entirety to read as follows:
"CHAPTER 13.12 STREET TREES
13.12.010 SUPERVISION OF DIRECTOR OF PARKS, RECREATION,
AND COMMUNITY SERVICES.
The Parks, Recreation and Community Services Department
under the direction of its Director shall have exclusive authority
to inspect, maintain, plant, remove, prune, root prune or
otherwise alter street trees.
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13.12.020 SURVEY OF WORK TO BE DONE
The Director of the Parks, Recreation and Community
Services Department shall cause surveys to be made from time to
time, to determine which trees are to be retained or removed in
order to conform to the tree planning and maintenance program.
13.12.030 OFFICIAL TREE SPECIE LIST
The City Council shall, by resolution, adopt an Official
Tree Specie List designating the specific species of trees which
may be planted on any street. The Parks, Recreation and Community
Services Department shall periodically review this list and
recommend changes thereon as may be necessary.
13.12.040 MASTER PLAN
The street tree planting and removal should be based on a
master plan for the city's urban forest. The City Council may, by
resolution, adopt a master plan of trees for all streets within
the city based on a study of local conditions and designed to fit
the special street and tree factors involved.
13.12.050 STREET TREE MAINTENANCE
The property owner shall not permit any vine growth on a
street tree. The Department will perform all other maintenance of
street trees deemed necessary by the Director of Parks, Recreation
and Community Services.
The Department shall water and maintain all street trees
located in tree wells located in the City's rights-of-way.
13.12.060 STREET TREE REPLACEMENT PLAN
Any street tree removed shall be replaced if a
replacement is deemed possible. The replacement specie shall be
selected in accordance with the Official Tree Specie List and Tree
Master Plan.
In addition to replacing all removed street trees
whenever possible, it is the responsibility of the Director of
Parks, Recreation and Community Services to insure all vacant
street tree locations are planted within the City of Anaheim.
These vacancies are to be planted in accordance with the Official
Tree Specie List and Tree Master Plan.
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13.12.070 STREET TREES IN NEW SUBDIVISIONS
In any new subdivision where there is a parkway between
the sidewalk and curb, the subdivider shall pay the City of
Anaheim the sum or sums designated from time to time by resolution
of the City Council for the purchase, planting and maintenance of
such trees. The purchase, planting and maintenance of such trees
shall be performed by the City under the direction and supervision
of the Director of Parks, Recreation and Community Services.
In any new hillside residential developments where the
sidewalk is located adjacent to the curb, the street tree fee
requirement as stated in section 17.08.405 of the Anaheim
Municipal Code may be waived provided that the developer plant
trees of a minimum 15 -gallon size at least 7 feet behind the
sidewalk in the front yard of the residential parcel, and that the
developer, prior to approval of the final tract map, shall post a
bond to guarantee the installation of said trees. The bond shall
remain in effect until the trees have been approved by the
Director of Parks, Recreation and Community Services.
In those recorded tracts where street tree bonds have
been posted, said bonds are to be held until the developer has
planted and satisfactorily maintained all trees for six months,
and then be returned to the developer upon the approval of the
Director of Parks, Recreation and Community Services.
13.12.080 INTERFERENCE WITH STREET TREES - PERMISSION
REQUIRED
No person, firm or corporation shall cut, trim, prune,-
plant,
rune,plant, remove, spray, injure or in any other manner interfere with
any street tree within the City of Anaheim without first having
secured written permission from the Director of Parks, Recreation
and Community Services. If the City has to remove a tree placed
in violation of this section, the responsible party will be billed
for the costs of the removal.
13.12.090 WORK ON STREET TREES BY DIRECTOR OF PARKS,
RECREATION AND COMMUNITY SERVICES - COSTS WHEN
WORK REQUESTED
Any person, firm or corporation requesting the Director
of Parks, Recreation and Community Services to cut, trim, prune,
remove, replace, spray or otherwise change or alter the position,
shape or location of any street tree for the convenience of said
person shall bear the total cost thereof."
SECTION 2.
SEVERABILITY
The City Council of the City of Anaheim hereby
that should any section, paragraph, sentence or word of
ordinance of the Code, hereby adopted, be declared for
to be invalid, it is the intent of the Council that it
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declares
this
any reason
would have
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passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 18th day of September, 1990.
Y R OF THE ITY 0 NAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES :kh
3734L
061990
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a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5171 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 11th day of September, 1990,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 18th day of September, 1990, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Daly, Pickler, and Hunter
NOES: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: Kaywood
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5171 on the 20th day of September, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the C::r_y of Anaheim this 20th day of September, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 5171 and was published once in the
Anaheim Bulletin on the 28th day of September, 1990.
L
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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ADDENDUM
Street Tree Or inadT nce Revision Report
Two public meetings were also conducted to solicit citizen input relative
to the proposed ordinance revision. The first meeting featured a word by
word review of the draft ordinance with two specific concerns surfacing
from those in attendance:
1. Charging residents for a replacement tree if a newly
planted tree died from lack of water was not favored and
felt to be too subjective.
Z. Allowing the Director of Parks, Recreation and Community
Services the exclusive right to remove a street tree
without notification, consultation and an opportunity to
appeal the City's intended action was strongly opposed.
Following the first meeting, staff met with the City Attorney's Office to
consider making changes. It was agreed to omit the provision for
charging for a replacement tree along with another companion provision
stating a resident is responsible for watering the tree adjacent to the
subject property. City Attorney staff felt that making it a law could
cause problems if neighbors have disputes and could use that provision
inappropriately.
In reference to the notification, consultation and appeals process, staff
considered the possibility of naming the Park and Recreation Commission
as an appeals board as part of the ordinance. The City Attorney staff
recommended against putting any citizen body in the position to make
decisions exposing the city to added liability suggesting that the
Department Head's decision is always appealable to the City Council.
At the second public meeting staff reviewed the new draft of the
ordinance which reflected the two omissions referenced above. Staff also
explained the City Attorney's recommendation relative to the interest in
an appeals process. Staff, recognizing the strong interest in this item,
suggested a departmental policy be used as a guideline to notify, consult
and provide an appeals process. A draft policy was reviewed with those
in attendance (attached) but was basically rejected by the citizens
because it still gave the Director of Parks, Recreation and Community
Services the exclusive authority. At that point, staff indicated a
difference of opinion existed and that City Council direction would be
sought when the ordinance revision is introduced at City Council.
City Council will also recall that an Official Street Tree Species List
was also proposed when the street tree ordinance as first on the City
Council agenda. Many varied opinions were evident on species. Staff has
therefore decided to form a small committee made up of participants from
the two public meetings to thoroughly evaluate this list. That meeting
process has started and eventually, upon some concensus, a resolution
establishing an Official Street Tree Species List will be recommended to
City Council. It is estimated that will occur by mid October.
q97
WPOLICY/
PROCEDURE No.
Anaheim Date
Poft. Recreation and Conmmxwy services
Subject: PARKS DIVISION CITIZEN APPEAL PROCESS FOR STREET TREE PLANTING AND/OR REMOVAL
1.0 PURPOSE
This procedure sets the division policy governing the occupant's right
to appeal a staff division to plant or remove a street tree adjacent
to their residence.
2.0 POLICY
It is the policy of the Parks Division to provide the residents of
Anaheim an appeal process if they disagree with a staff decision to
plant and/or remove a street tree in the parkway adjacent to their
residence in accordance with the following procedure.
3.0 PROCEDURE
3.1 The Tree Operations Manager or his designated representative
will notify the occupant of any residence that it has been
determined to plant and/or remove a street tree adjacent to
that residence.
3.2 Notification will be in the form of written communication. A
door hanger with the pertinent information will be left at the
residence.
3.3 The occupant will have ten (10) calendar days to respond and
ask to appeal the staff's proposed action.
3.4 If an appeal is requested, a date will be set up by the Tree
Operations Manager for the Director of Parks, Recreation and
Community Services Department to hear the appeal from the
occupant. Upon hearing the appeal, the Director will notify
the occupant in writing of the decision.
3.5 The department retains the right to immediately remove any
street tree within the city that constitutes an immediate
danger to the public and/or public or private property.
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