Loading...
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.' -1- "(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. -2- 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. -3- 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-. �� 1�4 "(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.) Q.� 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. -6- 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 -7- 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 -9- 175 - --,.EXMIMIT- A- SEVERE TREE TRIMMING, METHODS CANOPY TRIISs SUCH AS PIOUS, JACARANDA, PIIAR, STC. APTIIN ■XHISIT 8 APTI rALL YIIRTICA L TH SUCH AS RUCALYP' LIOUIOAMSAR. SYCAMORES . ETC