Loading...
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 repealed.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. -1- .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: -2- .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 -3- .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 -4- 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:. o 41�EQ ... A JLW: jh -5- 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. 34�