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6448ORDINANCE NO. 6448 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.18 (SCENIC CORRIDOR (SC) OVERLAY ZONE) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO TREE PRESERVATION IN THE SCENIC CORRIDOR OVERLAY ZONE AND MAKING FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, on February 9, 2016, the City Council adopted Ordinance No. 6258 setting the boundaries of the Scenic Corridor Overlay Zone as that as that area lying easterly of the intersection of the State Route 55/Costa Mesa and State Route 91/Riverside Freeways, westerly of the Orange County line, southerly of the Atchison, Topeka and Santa Fe Railroad right-of-way, and northerly of the present or any future south city limits of the City of Anaheim, with the exception of those properties within the Anaheim Canyon Specific Plan No. 2015-01 (SP2015- 01) Zone; and WHEREAS, the stated purpose of the (SC) Overlay Zone is to provide for and promote orderly growth in an area designated as being of distinctive, scenic importance and of a distinctive natural and rural beauty characterized and exemplified by the interrelationship between such primary natural features as the rolling terrain, winding river, trees and the profusion of natural vegetation; and WHEREAS, Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Anaheim Municipal Code contains regulations that apply in addition to, and, where inconsistent therewith, supersede any regulations of the zone in which the (SC) Overlay Zone is combined; and WHEREAS, Section 18.18.040 (Tree Preservation) of the Anaheim Municipal Code provides that the preservation of specified trees in the (SC) Overlay 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; and WHEREAS, in October 2017, the Canyon 2 Fire started in the City and spread rapidly into multiple jurisdictions. The Canyon 2 Fire consumed 9,217 acres, and despite the severe conditions and rapid progress of the fire, no lives were lost. However, 14 homes were destroyed, another 44 homes damaged, one commercial building damaged, and 21 other outbuildings damaged or destroyed; and WHEREAS, following the Canyon 2 Fire, the Anaheim Fire Department prepared the Canyon Fire After Action Plan, which included several recommendations to protect against future fire devastation, and identified the need for further evaluation of the City's current tree preservation requirements with regards to fire resistive trees in the SC Overlay Zone; and WHEREAS, because some species of trees are undesirable and invasive, and can easily transmit fire between each other and/or to structures, the City Council desires to amend Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code to: no longer classify Eucalyptus trees as Specimen Trees; and, streamline the permitting process for the removal and replacement of Specimen Trees; and WHEREAS, the City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), because adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not a project as defined in Section 15378 of the CEQA Guidelines. Further, pursuant to Section 15301 (Class 1) and Section 15304 (Class 4) of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3), this ordinance is catagorically exempt from CEQA. Class 1 consists of maintenance of existing landscaping and native growth. Class 4 consists of minor public or private alterations to the condition of land, water, and/or vegetation, which do not involve the removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Although Eucalyptus trees are currently Specimen Trees within a "Scenic Corridor" Overlay Zone, Council has directed staff to amend the overlay zone to remove this type of tree from this definition in order to allow fire resistant landscaping. This change fits within subsection (b) of the Class 4 exemption: "New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping." Pursuant to Section 15300.02 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA; and WHEREAS, the City Council determines that this ordinance is in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.18.010 of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to read as follows: 18.18.010 PURPOSE. The purpose of this chapter, Scenic Corridor (SC) Overlay Zone, is to provide for and promote orderly growth in certain areas of the City designated as being of distinctive, scenic importance, while implementing local governmental agency actions for the protection, preservation and enhancement of the unique and natural scenic assets of these areas as a valuable resource to the community. This area has been designated as an area of distinctive natural and rural beauty, characterized and exemplified by the interrelationship between such primary natural features as the rolling terrain, winding river, Specimen Trees, and the profusion of natural vegetation. SECTION 2. That Section 18.18.040 of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to read as follows: 18.18.040 TREE PRESERVATION. Preservation of significant stands and single specified trees in the (SC) Overlay 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. For purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed herein: .0101 "Specimen Tree" shall mean any tree of the Quercus varieties (Oak) with a trunk measuring twenty-five (25) inches or greater in circumference; or any tree of the Schinus varieties (Pepper) and Platanus varieties (Sycamore), with trunks measuring fifty (50) inches or greater in circumference; measurements of circumference shall be taken at a point four (4) feet above ground level. .0102 "Destroy" shall mean to include, but not be limited to, cutting down, removing, trimming, topping or pruning any Specimen Tree to a height that may do damage to a particular variety of tree as determined by a City Arborist. .0103 "City Arborist" shall mean a City staff member who is a certified Arborist by the International Society of Arboriculture (ISA) to serve as the City's tree specialist. .0104 "Topping" shall mean a reduction of tree size by cutting live branches and leaders to stubs without regard to long-term tree health or structural integrity. .020 Scope. Except as provided in subsection .030, it shall be unlawful for any person to destroy or otherwise direct or permit the destruction of one (1) or more Specimen Trees growing within the boundaries of the "SC" Overlay Zone, without a permit issued by the City of Anaheim pursuant to the provisions of this section. .030 Administrative Specimen Tree Removal Permit. A Specimen Tree Removal Permit is required to remove Specimen Trees as defined in this Chapter. Applications for authority to destroy Specimen Trees shall be filed with the Planning and Building Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. The following Specimen Trees may be destroyed lawfully; provided that, prior to such destruction, a report obtained from the City Arborist, or an arborist certified by the International Society of Arboriculture and authorized to do business within the City, is submitted along with an application. Any Specimen Trees that are removed before a report is reviewed and approved by the City must obtain a Discretionary Specimen Tree Removal Permit as identified in Section .040 below. The report shall attest that the tree(s) fit into at least one of the following categories: .0301 Trees that have died; .0302 Diseased trees whose condition is a source of present danger to healthy trees in the immediate vicinity; .0303 Trees so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property; .0304 Trees whose general health and condition are a source of present danger of falling onto existing or proposed structures or utility lines; .0305 Trees that have caused structural damage to a single-family residence or a required driveway for that residence; provided an arborist has attested that removal of the tree roots would threaten the health of the tree, or that the tree would be a source of continued damage to the structure; or .0306 Trees removed pursuant to lawful order of the Fire Department .035 Exemptions. Specimen Trees planted by the current or previous homeowner as part of an original landscape plan, and are not located in an area visible from a public or private right-of-way and/or in a commonly viewed and maintained slope, are exempt from the requirements for a Specimen Tree Removal Permit. .040 Discretionary Specimen Tree Removal Permit. Applications for authority to destroy Specimen Trees shall be filed with the Planning and Building Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. A City Arborist shall review and provide a recommendation for all Discretionary Specimen Tree Removal Permits. Applications that do not meet the requirements of subsection .030 above shall be referred directly to the Planning Commission for determination. The determination of the Planning Commission may be appealed to the City Council pursuant to Chapter 18.60 (Procedures). Permits are valid for a period of one (1) year from the date of issuance. A new application shall be filed for requests that have not been exercised within the established time frames. .050 Findings and Issuance of Permit by Planning Commission or City Council. As a prerequisite to granting any permit to destroy any Specimen Tree, the Planning Commission or City Council may impose conditions, and shall make one (1) or more of the following findings: .0501 That principles of good forest management will best be served by the proposed destruction; .0502 That a reasonable and practical development of the property on which the tree is located requires destruction of the tree or trees; .0503 That the character of the immediate neighborhood in respect to treescape will not be materially affected by the proposed destruction; .0504 That the topography of the building site renders destruction reasonably necessary; or 0505 That regard for the safety of persons or property requires the destruction. .060 Replacement of Trees. Any Specimen Trees destroyed pursuant to a permit issued by the City shall be replaced on the same parcel, or in the public right-of-way located in the immediate vicinity, as directed by the City. Any replacement trees in the public right-of-way must be approved by the Department of Public Works. The replacement trees shall comply with the following provisions: .0601 The replacement trees shall be a minimum thirty-six (36) inch box size at time of planting, or larger if appropriate to the tree unless the City Arborist approves a twenty-four (24) inch box size based on feasibility and site characteristics. .0602 The number of trees shall be as identified in Table 18-A (Number of Replacement Trees), unless the City Arborist determines that the number of replacement trees, based on the site characteristics and the size of the Specimen Trees destroyed, is not feasible or cannot be properly nurtured through maturity. Table 18-A NUMBER OF REPLACEMENT TREES Circumference of Tree Destroyed (4 feet above ground level) Number of Replacement Trees Required For Each Tree Destroyed Under 38 inches 1 38-64 inches 2 Over 64 inches 3 .0603 Specimen Trees on private property must be replaced with one of the Specimen Trees identified in Table 18-B (Allowable Replacement Trees: Private Properties). The City may, at its discretion, require that only Specimen Trees be used as replacement trees, based on the size of the tree removed and the trees in the general area of the removal. Table 18-B ALLOWABLE REPLACEMENT TREES: PRIVATE PROPERTIES BOTANICAL NAME COMMON NAME Acer macrophyllum Bid Leaf Maple Alnus cordata Italian Alder Alnus rhombifolia White Alder Table 18-B ALLOWABLE REPLACEMENT TREES: PRIVATE PROPERTIES BOTANICAL NAME COMMON NAME Arbutus unedo Strawberry Tree Ceratonia silique Carob Citrus species Citrus Eriobotrya japonica Loguat Erythrina species Coral Tree Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle La unaria patersonii Primrose Tree Liquidambar s _ aciflua American Sweet Gum Liriodendron tulipfera Tulip Tree Lyonothamnus floribundus ssp. As lenifolius Fernleaf Ironwood Macadamia inte rifolia Macadamia Nut Maytenus boaria Mayten Tree Metrosideros excelsus New Zealand Christmas Tree Parkinsonia florida Cercidium floridum/Blue Palo Verde Pistacia chinesis Chinese Pistache Pittosporum undulatum Victorian Box Plantanus racemose California Sycamore Popolus fremontii Western Cottonwood Quercus a rig folia Coast Live Oak Quercus engelmannii EnEelmann Oak Quercus suber Cork Oak Rhus lancea African Sumac Sambucus Mexicana Mexican Elderberry Stenicarpus sinuatus Firewheel Tree Umbellularia californica California Laurel Table 18-B ALLOWABLE REPLACEMENT TREES: PRIVATE PROPERTIES BOTANICAL NAME COMMON NAME Acer paxii Evergreen Maple Albizia julibrissin Silk Tree Bau mia variegate Purple Orchid Tree Brachychiton aerifolius Flame Tree Calodendrum capense Cape Chestnut Cassia leptophylla Gold Medallion Tree Cercis Canadensis Eastern Redbud Cinnamomum camphor a Camphor Tree Eucalyptus species Gum Tree Fraxinus angustifo is Raywood Ash Gei'el ra parviflora Australian Willow Ginko biloba "Autumn Gold" Maidenhair Tree Gleditsia triacanthos Honey Locust Jacaranda mimosifolia Jacaranda Koelreuteria bipinnata Chinese Flame Tree Lophostemon confertus Brisbane Box Pinus canariensis Canary Island Pine Platanus acerifolia London Plane Tree Podocarpus gracilior Fern Pine Pyrus kawakamii Evergreen Pear Quercus vir ing iana Southern Live Oak Schinus molle California Pepper Tipuana tipu Tipu Tree Zelkova serrata Sawleaf Zelkova .0604 Specimen Trees on slopes must be replaced with the trees in Table 18-C (Allowable Replacement Trees: Slopes) in the recommended replacement areas. The City may, at its discretion, require that Specimen Trees be used as replacement trees, based on the recommend locations and in the general area of the removal. Table 18-C ALLOWABLE REPLACEMENT TREES: SLOPES Botanical Name Common Name Albiaia Julibrissin Silk Tree Alnus Rhombifolia White Alder Arbutus Menziesli Madrone Brachychiton Aerifotium Flame Tree Ceratonia Sitiqua Carob Tree Cercis Occidentalis Western Redbud Chorisia Speciosa Floss Silk Tree Cinnomonum Camphora Camphor Tree Erythrina caffra Coral Tree Gleditsia Triacamthos Honey Locust Jacaranda Acutifolia Jacaranda Liquidambar Rotundiloba American Sweet Gum Plantanus Racemosa California Sycamore Quercus A rig folia California Live Oak Tipuana Tipu Tipu Tree (Walnut) Juglans California Ca. Black Walnut .070 Appeal. Any decision of the Planning and Building Director under this section shall be final, unless appealed to the Planning Commission by either the applicant or any one dissatisfied with the decision of the Planning and Building Director pursuant to Chapter 18.60 (Procedures). No permit to destroy a Specimen Tree that is approved by action of the Planning and Building Director, as provided in this section, shall be issued prior to the expiration of the appeal period. .080 Replacement Trees. Any required replacement tree planted on-site, which is subsequently removed, damaged, diseased and/or dies, shall be replaced in a timely manner. .090 Injuring Specimen Trees. It is unlawful for any person to injure or damage, or otherwise authorize or direct the injuring or damaging of, any Specimen Tree by any means, as Determined by a City Arborist, including, but not limited to, the following: .0901 Constructing a concrete, asphalt, brick or gravel sidewalk, patio, driveway or roadway, or otherwise filling up the ground area around any tree so as to shut off air, light or water from its roots; .0902 Piling building equipment, material or other substances around any tree so as to damage the tree; .0903 Pouring any deleterious matter on, around any tree, or on the surrounding ground, lawn or sidewalk; .0904 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; tree; 0905 Causing or permitting any wire charged with electricity to come in contact with any 0906 Causing or permitting any fire or burning near or around any tree; 0907 Topping or pruning of any tree to the point of injuring a tree; and .0908 Causing damage to any tree resulting in weakening or disease such that the tree has to be removed. .100 Punishment of Violations. It shall be a misdemeanor for any person to violate the provisions of this section. A violation shall be subject to the enforcement and penalties asset forth in Section 1.01.370 (Violation of Code—Penalty) of Chapter 1.01 (Code Adoption and Construction). SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 4. CERTIFICATION 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, published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 13 day of November , 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the 2 0 day of November )2018, by the following roll call vote: AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: rl Le MAYOR OF THE CITY OF ANAHEIM ATT CITY CLERK OF THE CITY OF A AHEIM 129912 / LM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6448 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of November and was duly passed and adopted at a regular meeting of said City Council held on the 2011 day of November, 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of November 2018. CITY CLERK OF THE CITY OF NAHEIM (SEAL) Anaheim Bulletin 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM. CA 92805-3820 8 CA04130266-0-Summary_Speciment_Tre AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 11/29/2018 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: November 29, 2018. z4VA—., Signature PROOF OF PUBLICATION Legal No. 0011204912 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6448 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.18 (SCENIC CORRIDOR (SC) OVERLAY ZONE) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO TREE PRESERVATION IN THE SCENIC CORRIDOR OVERLAY ZONE AND MAKING FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH This ordinance amends Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code to mini- mize fire and safety hazards, related to Specimen Trees by a) no lon- ger classifying Eucalyptus trees as Specimen Trees; and b) streamlining and clarifying the permitting process for the removal and replacement of SpecimenTrees. This ordinance also updates the allowable replacement trees list to include a selection of fire resistive trees I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi- fy that the foregoing is a summary of Ordinance No. 6448, which ordi- nance was introduced at a regular meeting of the City Council of the City of Anaheim on the 13th day of November, 2018 and was duly passed and adopted at a regular meeting of said Council on the 20th day of November, 2018 by the following roll call vote of the mem- bers thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subiect matter con- tained in the text of Ordinance No. 6448, which has been prepared Pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. 130266 / LM Published in: Anaheim Bulletin November 29, 2018 11204912 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6448 and was published in the Anaheim Bulletin on the 29th day of November 2018. :7 1l1u , .iii_ (SEAL)