13-2
PLANTING OR REMOVING TREES IN PARKWAYS:
13-2.1 Purpose.
Lynwood contains thousands of mature trees that contribute long-term aesthetic, environmental, and economic benefits to the city. Aesthetically, trees offer dimensions in the form of color, shape, texture, scale and variety. Mature trees are often integral components of many historic sites and their presence contributes to the site’s cultural and historic significance.
Environmental benefits derived by trees include the filtering of air pollutants, increasing atmospheric oxygen levels, and reducing the negative effects of solar glare. The biological diversity of wildlife and plant communities is enhanced by the favorable conditions created by trees.
The economic benefits derived from trees include increased property values, and additional revenue generated by businesses, visitors and new residents attracted to the urban forest image of the city. Trees are a major capital asset to the city and like any valuable asset they require appropriate care and protection.
Therefore, it is the purpose of this section to:
a. Preserve and grow the Lynwood tree canopy cover by protecting landmark, native and specimen trees in specified areas of private property and expanding the protection to street trees and trees on public property.
b. Safeguard the city’s urban forest by providing for the regulation of the protection, planting, maintenance and removal of trees in the city.
c. Protect the visual and aesthetic character of the city.
d. Improve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of the many areas of Lynwood.
e. Improve the quality of life for residents, visitors and wildlife.
f. Create favorable conditions for the protection of designated landmark, native and specimen trees, for the benefit of current and future residents of Lynwood.
g. Maintain and enhance the general health, safety and welfare of the city and its residents by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage.
h. Protect and maintain healthy trees in the land use planning processes included in this section. (Ord. #1648, §1)
13-2.2 Definitions.
For the purposes of this section, the following terms are defined as follows:
a. City shall mean the city of Lynwood.
b. City engineer means the city engineer, or his or her designee.
c. Established corner yard means the area between the side property line and the principal structure on a lot.
d. Established front yard means the area between the front property line and the principal structure on a lot.
e. Hazard or hazardous means a tree, or part of the tree, that has potential for failure and falling on a nearby object because of dead or dying branches, roots or trunk.
f. Injure or injury means any act or omission which substantially affects or seriously jeopardizes the health of a living tree, in the determination of the city engineer.
g. Landmark tree means a tree designated as a landmark under subsection 13-2.10 as a tree of historic or cultural significance and of importance to the community due to any of the following factors: (1) it is one of the largest or oldest trees of the species located in the city; (2) it has historical significance due to an association with a historic building, site, street, person or event; or (3) it is a defining landmark or significant outstanding feature of a neighborhood.
h. Located or location of a tree means that place where any portion of the trunk of a tree is found at natural grade.
i. Maintain or maintenance means pruning, trimming, spraying, fertilizing, watering, treating for disease or injury or any other similar act which promotes growth, health, beauty and life of trees.
j. Master street tree plan means the comprehensive street tree plan approved by the city council, which lists the official street trees to be planted or replaced for all streets or sections of streets within the city.
k. Median or traffic island means a raised area within a street not used for vehicular traffic.
l. Multi-trunk means any tree with multiple trunks attributed to a single tree. Each trunk shall be measured a height of four and one-half (4-1/2) feet above natural grade, and the combined diameters of the trunks shall be used to determine the tree’s size for the purposes of this section.
m. Native tree means any tree with a trunk more than eight (8) inches in diameter at a height of four and one half (4-1/2) feet above natural grade that is one of the following species: (1) Quercus agrifolia (coast live oak), (2) Quercus chrysolepis (canyon oak), (3) Quercus engelmannii (Engelmann oak), (4) Junglans californica (California walnut), or (5) Tristania conferta (Brisbane box).
n. Official street tree means an approved species of street tree designated in the master street tree plan.
o. Parkway means the area between the sidewalk and the back of the curb, or an area between the sidewalk and the area where the back of the curb would ordinarily be located.
p. Property owner means the person listed as the owner in fee simple of a lot or parcel with the office of county recorder or lawfully exercising the power of the property owner with respect to said lot or parcel.
q. Pruning means the removal of dead, dying, diseased, live interfering, and weak branches according to the most recent standards of the International Society of Arboriculture.
r. Public benefit means a public purpose, service or use which affects residents as a community and not merely as particular individuals.
s. Public tree means a tree located in a place or area under ownership or control of the city including but without limitation streets, parkways, open space, parkland and including city owned property under the operational control of another entity by virtue of a lease, license, operating or other agreement. Trees which are fifty percent (50%) or more within the public right-of-way shall be considered city trees. This measurement shall be taken at the base of the trunk at the ground surface.
t. Specimen tree means any tree meeting the criteria established by the resolution of the city council by species and size of tree which is thereby presumed to possess distinctive form, size or age, to be an outstanding specimen of a desirable form, size or age, to be an outstanding specimen of a desirable species, and to warrant the protections of this section.
u. Street means any public right-of-way regardless of whether it is described as a street, avenue, road, boulevard, drive, lane, court, place, alley, or by any other such designation.
v. Street tree means any public tree whose trunk is located primarily within any parkway, street median, traffic island or other right-of-way under the ownership or control of the city by easement, license, fee title or other permissive grant of use. (Ord. #1648, §1)
13-2.3 Applicability.
The protection of city of Lynwood trees shall apply as follows, unless excepted by provisions of this section:
a. Native and specimen trees located in the city parkways, established front yard, required side yard, established corner yard, or required rear yard of all property located in a single-family residential or multifamily residential zone, and in all areas of all other zoning districts within the city.
b. Landmark tree located at all places within the city.
c. Public trees located at all places within the city. (Ord. #1648, §1)
13-2.4 City Engineer Responsibilities.
The city engineer shall:
a. Authorize, by use of city employees, contractors or authorized volunteers, the planting, maintenance, and removal of public trees.
b. Prepare an annual program for the planting, maintenance, and removal of public trees.
c. Recommend to the city council changes or additions to the master street tree plan as needed.
d. Inspect the planting, maintenance and removal of all public trees.
e. Develop maintenance standards for public trees.
f. Make determinations on public tree removal based upon tree reports prepared by certified arborists, other relevant facts, and upon established public tree removal criteria.
g. Review development and construction plans as they affect landmark, native, public and specimen trees.
h. With respect to public tree issues, act as advisor to the public safety/traffic and parking commission of the city.
i. Prepare and submit the tree protection guidelines, and the specimen tree list, and any revisions thereto to the city council for adoption by resolution.
j. Maintain a comprehensive inventory of public trees. (Ord. #1648, §1)
13-2.5 Tree Protection Guidelines.
Tree protection guidelines are the standards and specifications for the protection of trees under this section. The tree protection guidelines, and any revision thereto, shall be effective as of the date of their adoption by resolution of the city council. (Ord. #1648, §1)
13-2.6 Tree Planting in Residential Zone.
Within the residential areas, the city, on a case by case basis, may plant a tree within the parkway at no cost to the resident. However, the tree must be purchased by the owner or occupant of the property. In addition, prior to purchasing the tree, the tree species, size and planting location must be approved by the public works department. If the tree is purchased by the home owner or occupant without the prior approval of the department, the city may not commit to planting the tree and all costs associated with the purchase of the tree shall be at the expense of the owner of the property or occupant.
Tree planting locations shall be inspected and reviewed by the public works department prior to its installation. Existing field conditions may determine if a tree can be planted within the parkway. (Ord. #1648, §1)
13-2.7 Consultation Policy.
All departments, agencies and personnel of the city shall consult with the public works department prior to engaging in any action which would require the removal of, or which would otherwise substantially affect or seriously jeopardize the health of any existing public tree. (Ord. #1648, §1)
13-2.8 Public Safety/Traffic and Parking Commission.
The public safety/traffic and parking commission may be used to review, advise and make recommendations to the city council relating to the city’s tree planting, maintenance and removal practices and proposed amendments to the master street tree plan. The city manager shall also act as the body for hearing appeals under this section 13-2. (Ord. #1648, §1)
13-2.9 Protection Policy.
It shall be the policy of the city to protect and maintain mature and healthy trees. Special consideration shall be afforded public, landmark, native and specimen trees as set forth in this section. (Ord. #1648, §1)
13-2.10 Designation of Native, Specimen, and Landmark Trees.
All trees meeting the definition of native or specimen trees in this section shall be subject to the protection of this section, as of the effective date of the ordinance codified in this section.
Any person or city agency may propose to the public safety, traffic, and parking commission to designate a tree that meets the criteria set forth in subsection 13-2.2 as a landmark tree. (Ord. #1648, §1)
13-2.11 Private Property Tree Removal and Landmark Tree Pruning Permits; Issuance.
Any property owner desiring to prune a landmark tree located on their property shall make an application to the city engineer on a form provided by the city to assure that the pruning shall be conducted to the most recent standards of the International Society of Arboriculture.
a. Any permit or approval which will result in injury to or removal of a landmark, native or specimen tree protected under this section shall not be denied if any one of the following findings can be made:
1. There is a public benefit, or a public health, safety or welfare benefit, to the injury or removal that outweighs the protection of the specific tree; or
2. The present condition of the tree is such that it is not reasonably likely to survive; or
3. There is an objective feature of the tree that makes the tree unsuitable for the protections of this section; or
4. There would be a substantial hardship to a private property owner in the enjoyment and use of real property if the injury or removal is not permitted; or
5. To not permit injury to real property; or
6. The project includes a landscape design plan which will result in a tree canopy coverage of greater significance than the tree canopy coverage being removed, within a reasonable time after completion of the project. In addition, for removal of a landmark tree, any such permit or approval shall be denied unless procedures are specified for removal of landmark trees.
b. An application shall be granted, denied, or granted conditionally on the date of the associated discretionary decision, or, if none, within fifteen (15) working days after a complete application is made. The approval may be based on imposed conditions reasonably necessary to meet the standards of this section.
c. Any appeal of the approval, conditional approval, or denial of the tree pruning permit may be made to the public safety/traffic and parking commission within ten (10) working days, in accordance with subsection 13-2.11. (Ord. #1648, §1)
13-2.12 Appeals.
All actions and decisions of the city engineer authorized by this section may be appealed to the public safety/traffic and parking commission. All such appeals shall be filed with the commission secretary.
All administrative proceedings regarding notice, application procedures, fees, and hearings for appeals shall be in accordance with the terms of Article 25-100. (Ord. #1648, §1)
13-2.13 Work on Public Trees.
No permits will be issued to any person or entity for pruning or removal of public trees, and all pruning and removal of public trees shall be undertaken by employees or contractors of the city. Any person desiring to initiate special maintenance or removal of a public tree by the city may make a written request to the city manager and pay the cost of service and replacement at rates set by resolution of the city council, should the request be granted. Any such request will be considered based on the provisions of this section, established public tree removal criteria, other ongoing public tree work and available resources. (Ord. #1648, §1)
13-2.14 Exemptions from Permit Requirement.
a. No permit is required to prune a native or specimen tree on private property as long as the tree is not injured.
b. No permit is required to prune, injure or remove a tree that is not explicitly protected by this section.
c. Where immediate action is required for the protection of life or property, no permit is required to remove or to injure a landmark tree, native tree, public tree or specimen tree which has been determined to be hazardous, by the city engineer or an arborist specialist, after inspection of the tree.
d. No permit is required for city employees or contractors of the city to prune, injure, or remove any native, specimen, landmark or public tree in accordance with this section.
e. No permit is required to prune, injure or remove a tree on a project for which a variance, conditional use permit or design review approval has been obtained from the city prior to the effective date of the ordinance codified in this section or for a project for which a valid building permit has been lawfully issued by the city prior to the effective date of the ordinance codified in this section. (Ord. #1648, §1)
13-2.15 Prohibited Acts.
The following are prohibited acts under this section unless expressly exempted:
a. Landmark tree: To prune, or to remove without a permit, a landmark tree located anywhere in the city.
b. Native tree: To injure or remove, without a permit, any native tree located in the established front yard, required side yard, established corner yard, or required rear yard of all property located in a single-family residential and in all areas of all other zoning districts anywhere in the city.
c. Public tree: To prune, to injure or to remove a public tree located anywhere in the city.
d. Specimen tree: To injure, or to remove without a permit, any specimen tree located in the established front yard, required side yard, established corner yard, or required rear yard of all property located in a single-family residential zone, and in all areas of all other zoning districts anywhere in the city.
e. To plant a tree of a species other than an official street tree designated in the master street tree plan in a parkway, median or traffic island, and a violator shall be subject to a civil penalty.
f. To fail to adhere to the terms and conditions of any permit issued under this section.
g. To fail to adhere to the terms of any tree protection plan imposed as a condition of any discretionary land use approval or development agreement with the city. (Ord. #1648, §1)
13-2.16 Sidewalk and Tree Repair.
The repair of sidewalks, curbs, gutters or streets may create a need to prune tree roots to the extent that the tree becomes damaged or unstable. When this occurs, the city engineer shall give consideration to the following in lieu of action that may damage, destabilize or cause the removal of a tree:
a. To not make such improvement;
b. To displace the sidewalk laterally away from the tree trunk, either locally for each tree, or uniformly along a length of the street;
c. To displace the curb and gutter laterally into the paved roadway of the street, either locally, or uniformly along a length of the street, which in some cases may necessitate the prohibiting of street parking of vehicles at all times, provided such displacement does not create traffic hazard, or conditions adverse to proper street sweeping or drainage;
d. To defer repairs with temporary asphalt patch to eliminate hazard;
e. To widen the parkway;
f. To relocate the sidewalk or curb;
g. To eliminate the sidewalk on one side of the street;
h. To raise the sidewalk. (Ord. #1648, §1)
13-2.17 Hazard – Private Property.
It shall be unlawful and a violation of this section to allow any tree, shrub or plant located primarily on private property to create a hazard or to create danger or likelihood of harm to any public place, public area, parkway or street or to public health, safety or welfare. (Ord. #1648, §1)
13-2.18 Protection of Trees During Improvements.
During the construction, repair, alteration, relocation or removal of any building, structure or accessory structure in the city, no person in control of such work shall leave any landmark, native, specimen or public tree without sufficient guards or protections to prevent injury to the landmark, native, specimen or public tree, in connection with such construction, repair, alteration, relocation, or removal and it shall be unlawful and a violation of this section to do so. (Ord. #1648, §1)
13-2.19 Attachment to Street Trees.
No person shall, without the written permission of the city engineer, attach or keep attached to any public tree, street tree, shrub or plant in any street, park or other public place of the city, or to the guard or stake intended for the protection thereof, any wire or other device whatsoever. (Ord. #1648, §1)
13-2.20 Interference.
No person shall interfere with any city employee or city contractor engaged in planting, pruning, maintaining, or removing any tree while acting under this section. (Ord. #1648, §1)
13-2.21 Notice of Public Tree Removal.
The city engineer shall give at least ten (10) days’ written notice to abutting property owners prior to the removal of any public tree. No notice shall be required to be given, however, if the public tree has been determined to be hazardous under the standards in subsection 13-2.16. In the event of a decision under this section for the removal of three (3) or more public trees in all areas, the city engineer shall also notify the city council, the commission and any neighborhood organizations located in such area which are known. (Ord. #1648, §1)
13-2.22 Violation and Enforcement.
A violation of any provision of this section shall be prosecuted per chapter 1, sections 1-5 and 1-6. (Ord. #1648, §1)
13-2.23 Disclaimer.
Nothing contained in this section shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on his private property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the city. The person in possession of public property or the owner of any private property shall have a duty to keep the tree upon the property and under their control in a safe, healthy condition. (Ord. #1648, §1)