Ordinance Number 548165
ORDINANCE NO. 548
4Y:1�7ulii�F[Niiie � •
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-3.625 TO THE
MUNICIPAL CODE PROHIBITING SEVERE TREE TRIMMING
AND ESTABLISHING GUIDELINES FOR THE TRIMMING
OF TREES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Section 9-3.625, entitled "Severe Tree Trimming
Regulations," is hereby added to Title 9, Chapter 3, Article 6 to
read as follows:
"(a) Findings and Intent.
"(1) Frequent excessive or severe tree trimming
within the community presently threatens the
public health, safety and welfare of
residents of San Juan Capistrano in that
severe tree trimming presently poses damage
to significant trees in the community; major
stands of trees have been trimmed in such a
manner that adverse aesthetic effects have
occurred that are inconsistent with the
prescribed goals of the City's General Plan;
the future growth resulting from severe tree
trimming threatens the health of trees in
that the new growth is weakly attached to
other limbs or is severe enough to produce
shock and ultimate death of a tree.
"(2) The City Council hereby further finds that
the severe trimming of trees is in conflict
with the stated goals and policies of certain
provisions of the General Plan.
"(i) The General Plan Policy Plan states at
page 23 that 'the City should institute
the necessary ordinances to protect and
maintain all valuable plant types and
varieties - particularly major, older
plant materials. Where any such
materials must be removed, a reasonable
replacement value should be established
and returned in fees or by the
replanting of select specimen plant
material of similar type and variety.'
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"(ii) At page 57, it is provided that
'existing trees in San Juan Capistrano
are a vital contribution to the pleasant
atmosphere and character of the
community and should be rigorously
protected and preserved.'
"(iii) 'Regulations should be developed by the
City to preserve and protect significant
examples of plant life in the City,
particularly older or ornate trees.'
"(iv) 'Existing large trees which are in an
area to be developed should be preserved
as a focal point as an accent to the
development, or to be included in the
open space plan. On a smaller lot with
one large tree, the building should be
designed around the tree in order to
accentuate the tree.'
11(3) The City Council finds that the present
frequent occurrence of severe tree trimming
is inimical to the above General Plan
policies. This amendment is essential as an
implementation measure to insure compliance
with the City's General Plan.
"(b) Definitions.
11(1) 'Tree' shall mean any living perennial plant
having a trunk diameter greater than six (6)
inches, measured at a point three feet above
the ground.
11(2) 'Severely trimmed' shall mean the cutting of
branches and/or trunk of a tree in a manner
that will substantially reduce the overall
size of the tree area so as to destroy the
existing symmetrical appearance or natural
shape of the tree in a manner that results in
the removal of main lateral branches leaving
the trunk of the tree in a stub appearance as
shown in Exhibits 'A' and 'B.'
11(3) 'Stand of Trees'
cluster of trees
four (4) trees.
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shall be defined to mean a
existing of not less than
" (c)
11 (d)
Severe Tree
Prohibited.
167
"No property owner or his/her agent in the CG
(General Commercial), CT (Tourist Commercial), CM
(Commercial Manufacturing), MP (Industrial Park),
PC (Planned Community), PD (Planned Development),
IP (Public Institutional), D (Design Overlay)
District, or residential zoning districts located
within 500 feet of a scenic highway or drive as
defined by the Scenic Highways Element of the
General Plan, or specific stands of trees which
may be visible from a scenic highway (as shown on
a map located in the Office of the City Clerk and
the Department of Community Planning and
Development and identified as Exhibit 'C,' Section
9-3.625), shall cause any tree on his/her property
to be severely trimmed.
Suggested Tree Trimming Standards.
"The primary aim of trimming is to preserve health,
beauty and longevity of trees. Trimming for this
purpose will also make trees safer, more
functional and valuable. Practices such as stub
cuts, random branch removal and topping (stubbing
back the entire crown) defeat the primary aim,
create hazards, and drastically reduce the
monetary value of trees. Therefore, such
practices must not be employed. The following
standards identify trimming methods which will
give maximum benefits to both trees and people:
"(1) Types of cuts
"(i) Removal of laterals
"Shoulder cuts. The final cut in
removing a lateral branch should be
immediately beyond the branch bark
ridges, preserving the branch collar.
Do not make stub cuts (an inch or more
beyond the branch collar). Do not make
flush cuts (through the branch collar).
"Triple cuts. For any branch too large
to be held while being cut, remove by
means of the following cuts:
"(aa) Undercut the branch 4 to 10 inches
beyond the base.
"(ab) Cut off the branch beyond the
undercut.
"(ac) Remove the remaining stub via a
shoulder cut, as described above.
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1,91(7
"(ii) Removal of terminals (tip thinning and
drop crotching)
"Thinning. 'Lace out' terminal portions
of branches by cutting terminals back to
laterals. (The basal diameter of the
remaining lateral should be 1/3 the
diameter of the terminal being removed.)
Remove numerous small terminals and
laterals rather than taking out a few
large ones.
"Size reduction. To take out portions of
the crown for reducing height, remove
terminals back to laterals. Each
lateral should be suitably situated to
serve as the new terminal, thus
establishing the crown at a lower level.
The basal diameter of a lateral should
be at least 1/3 the basal diameter of
the terminal being removed. (Laterals
smaller than this cannot function
effectively as new terminals, and the
effect is then similar to a stub cut.)
"(2) Pruning functions.
"Not all of the following procedures will
apply to any one tree, and two or more may be
performed more or less simultaneously. In
most cases, however, trimming done in this
general sequence will be more efficient and
will help avoid unnecessary trimming.
"As a rule, not more than 1/4 of the total
foliage mass should be removed at one
trimming. Exceptions are: (1) extreme
thinning of heavy crowns of brittle trees,
such as lawn -grown (irrigated) kaffirboom
coral trees, and (2) severe thinning of
crowns to prevent blow -down when root pruning
is done.
"(i) Clearing. Remove branches as needed,
and redirect new growth to clear
pedestrian and vehicular traffic areas,
buildings, outdoor lights, walls and
other objects, as well as trees and
shrubs.
"Do not make stub cuts. Do not cut
terminals back to very small laterals.
Retain screen effect as much as
possible.
"(ii) Removal of dead, broken, diseased or
markedly unthrifty branches-.
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"(iii) Removal of crossing branches and those
which will become crossing branches
(such as suckers, water sprouts, and
branches growing vigorously into the
interior of the crown).
"(iv) Removal of sharp -angled branches.
Remove most branches arising at angles
of less than 30 degrees (Exceptions:
Eucalyptus and other species which fuse
at branch bases). If a narrow -angled
branch needs to be retained for the sake
of form, it should be lightened and
restricted in growth to reduce danger of
wind breakage.
"(v) Removal of parallel branches. If two
branches within a foot or so of each
other run parallel for several feet
along their main stems, the less
desirable one should be taken out.
"(vi) Trimming for balance and form.
"(aa) To maintain natural shape. If a
tree grows in an unbalanced manner
which is atypical and unattractive,
or which poses a potential hazard
(as may occur with aleppo pines,
for example), remove such branches
as may need be eliminated to
restore more typical form or to
minimize the perceived hazard.
"(ab) To alter natural shape. For
pictureque or formal effects (e.g.
espaliers, hedges, sheared
specimens or 'Japanese garden'
styles), trim in a manner and
frequency appropriate to the
intended effect.
"(vii) Trimming to reduce wind resistance.
(Note: the use of dry habitat trees,
such as Pinus radiata, Eucalyptus
species and kaffirboom coral (Erythrina
caffra), in irrigated lawns often
results in shallow rooted specimens with
excessively tall, heavily foliaged
crowns. These are susceptible to
blow -down or limb breakage in high
winds. This usually necessitates
annual thinning. It does not call
for topping: beheading tall or
dense trees ruins their form and
vitality, and intensifies wind
hazards in subsequent years.)
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170
"This type of thinning should be done by
removing a large number of small
branches rather than a few large
branches. The end effect should
maintain most of the original form, but
with a lacy openness.
"(e) Exceptions.
"The Director of Community Planning and Development
or the Director of Public Works, subject to
approval of the City Manager, may approve trimming
trees in a manner not typical of the natural form t
of the tree specie. Said approval will be based
upon a finding that the resulting shape is
necessary for public health and safety of the tree
and the community, or consistency with a project
design.
"(f) Penalties and Remedies.
"City Council hereby finds and declares that a
violation of Subsection 9-3.625(c) of the San Juan
Capistrano Municipal Code is a public nuisance.
"(1) Any person violating this Subsection shall be
guilty of a misdemeanor, punishable by a fine
of not more than $500.00, or by imprisonment
in the County jail for a period not to exceed
six (6) months, or by both such fine and
imprisonment.
11(2) In addition to any other civil remedies
available, the City Council hereby
establishes the following summary abatement
procedure pursuant to Government Code
Sections 38771 et. seq., as an alternative
remedy.
"(i) Notice to Abate Nuisance. The City's
Enforcement Officer, upon finding that
any person has caused a violation of
Section 9-3.625 of the San Juan
Capistrano Municipal Code, and therefore
a public nuisance, shall cause a notice
to be given to the violator which shall
order the violator to immediately cease
and desist from further violations of
Section 9-3.625 of said Municipal Code.
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171
"(ii) Form of Notice. The heading of the
notice shall e 'Notice To Abate Public
Nuisance -Severe Tree Trimming.' Such
heading shall be capitalized and on a
form containing the following
provisions: 'Notice is hereby given by
the City of San Juan Capistrano that you
are violating Section 9-3.625 of the
City's Municipal Code by causing the
severe trimming of a tree. Section
9-3.625 is attached.
"You are hereby ordered to immediately
cease and desist from severe trimming of
the tree(s). This condition is a public
nuisance and must be immediately abated.
If this nuisance results in the
destruction or removal of the tree as
determined by Code Enforcement Officer,
you are also hereby ordered to
immediately replace said tree(s) with
mature plantings of the same specie in
the same location. If you do not do so
within ten (10) days, the City will cause
said replacement and the costs of
replacement, plus reasonable overhead
costs, shall be assessed upon the land,
and said cost shall constitute a lien
upon the land until paid. If you have
any objections to the proposed abatement
order, you are hereby notified to attend
a hearing of the Planning Commission of
the City of San Juan Capistrano to be
held on , 19 , when
evidence will be taken as to whether a
nuisance exists, objection will be heard
to the abatement order, and a final
decision will be rendered.
"Dated , 19
"Enforcement Officer'
"(3) Public Hearing and Determination. Upon the
conducting of a public hearing, based upon
the testimony and evidence introduced at the
hearing, the Planning Commission shall
determine whether the circumstances recited
by the Enforcement officer constitute a
public nuisance. Upon making a determination
that there exists a public nuisance, the
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179
Planning Commission may order that the
property owner immediately cease and desist
from severe tree trimming and/or immediately
order the City abatement of the nuisance; all
said costs to be made a lien against the
property upon which the trees are located.
"(4) Public Hearing Regarding Actual Costs.
Following City abatement of the public
nuisance, the Code Enforcement Officer shall
present to the Planning Commission during a
public hearing, the total cost incurred in
the City abatement. The Planning Commission
shall then adopt a resolution making a
finding as to the reasonable cost incurred in
the abatement. The cost of the abatement
shall constitute a special assessment against
the parcel upon which the tree(s) is located.
After the assessment is made and confirmed,
it shall be a lien on the parcel. The County
Auditor shall then enter such assessment on
the County tax roll opposite the parcel of
land in question."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. City Clerk's Certification
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated
posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in
the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk
shall cause to be published, the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 6th day of
August 1985
w
HILLI R. H RTZE, MA OR
ATTEST:
CITY CLERK
IT3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 548 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on July 16 , 1985 , and
adopted at a meeting held on August 6 , , by the
following vote:
AYES: Councilmen Bland, Buchheim,
Hausdor£er, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
(SEAL)
MARY ANN ER, CITY CLERK
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