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Ordinance Number 538ORDINANCR NO. 538 PROHIBITION OF SEVERE TREE TRIMMING (URGENCY) AN INTERIM ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING SEVERE TREE TRIMMING ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 (URGENCY) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Intent and Findings. The City Council hereby finds that: a. 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. b. As a result of the adverse consequences arising from severe tree trimming, it is necessary to conduct a zoning study pursuant to Government Code Section 65858 for the purpose of developing permanent regulations relating to tree trimming. C. To insure that no further damage to trees is done from severe tree trimming, the City Council further finds that it is also necessary to enact this interim Ordinance so as to prohibit severe tree trimming. SECTION 2. Severe Tree Trimming Prohibited. 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, shall cause any tree on his/her property to be severely trimmed. -1- I no SECTION 3. Definitions. a. "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. b. "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." SECTION 4. Specific Findings Relating to the General Plan. 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. 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". 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." "Regulations should be developed by the City to preserve and protect significant examples of plant life in the City, particularly older or ornate trees." "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 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." The City Council finds that the present frequent occurrence of severe tree trimming is inimical to these General Plan policies. This interim Ordinance is essential as an implementation measure to insure compliance with the City's General Plan. -2- 101 SECTION 5. SuggestedTreeTrimming Standards. The following tree trimming standards are suggested as a guideline during the interim period the zoning study is undertaken for the purpose of developing permanent tree trimming standards. a. All cuts should be made sufficiently close to the parent stem to facilitate healthy growth. b. Weaker or least desirable or crossed branches shall be removed. Such removal shall not leave large holes in the general shape of the tree. C. In reducing overall size, attention should be given to symmetrical appearance. The top is to be higher and sides reduced in order to maintain a tree -like form. d. When cutting back trees, the end result should be shapely, balanced, and typical of the tree specie. e. The "drop -crotch" method is suggested; that is, small limbs and twigs should be removed in such a manner as to leave the foliage pattern evenly distributed. f. Trimming should be done during the dormant season (mid September through late November) for deciduous trees in order to prevent tree damage from heavy rains and winds and shock of trimming. SECTION 6. 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 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. SECTION 7. Penalties and Remedies. City Council hereby finds and declares that a violation of Section 2 of this Ordinance is a public nuisance. a. Any person violating Section 2 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. -3- 1®2 b. In addition to any other civil remedies available, the City Council hereby estaB7.ishes the following summary abatement procedure pursuant to Government Code Sections 38771 et. seq., as an alternative remedy. 1. Notice to Abate Nuisance. The City's Enforcement Officer, upon finding that any person has caused a violation of Section 2 of this Ordinance, 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 2. 2. Form of Notice. The heading of the notice shall be "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 2 of Ordinance No. 538 by causing the severe trimming of a tree. Ordinance No. 538 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 -4- , 19 Enforcement Officer" 1m, C. 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 constitutes a public nuisance. Upon making a determination that there exists a public nuisance, the 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. d. 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 8. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application and to this end, the provisions and clauses of this Ordinance are declared to be severable. SECTION 9. Necessity of Urgency Ordinance/Findings. The City Council finds that this urgency Ordinance enacted pursuant to Government Code Section 65858 is necessary to protect the public safety, health and welfare in that there exists in the City a serious condition of frequent severe trimming of prominent trees which threatens to destroy the quality aesthetic appearance which trees give to this community. The severe trimming also seriously threatens the very health of the plants. City staff has documented many tree cuttings throughout the community, including significant stands of trees, which leave little else to the tree but the appearance of the trunk stub. Plan. This stub effect is in conflict with the City's General -5- 1 04 The Department of Community Planning and Development is directed forthwith -to develop permanent zoning regulations governing the trimming of trees. This interim Ordinance shall be effective immediately and shall be of no further force and effect forty-five (45) days from its date of adoption. SECTION 10. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 7th day of May 1985. PHILLI R. SCHWARTZE, 7 VOR ATTEST: le, W_� 7" Z4, 1FW'0161 4,10 1 i 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. fig, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of May 1985, by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer and Mayor Schwartze NOES: None ABSENT: Councilman Bland (SEAL) 7 MARY ANN R, CITY CLERK -6- EXHIBIT A 108 SEVERE TREE TRIMMING METHODS CANOPY TREES SUCH AS FICUS, JACARANDA, PEAR, ETC. AFTER EXHIBIT 8 AFTE :AL TREES CALYPTUS, R, , ETC.