Chapter 13
PRESERVATION OF HISTORICAL TREES*
Sections:
7-13.03 Initiation of designation.
7-13.04 Hearings by the Recreation and Parks Commission.
7-13.05 Designation by the Council.
7-13.06 Appeals to the Council.
7-13.07 Notices of designation by the Council.
7-13.09 Review of permit applications.
7-13.10 Review by the Recreation Department.
7-13.11 Review by the Recreation and Parks Commission.
7-13.14 Unsafe or dangerous conditions.
7-13.15 Advice and guidance to property owners.
7-13.16 Property owned by public agencies.
7-13.18 Enforcement: Violations: Penalties.
7-13.19 Applications for permits for construction work.
* Chapter 12, as added by Ordinance No. 704-86 C-M, effective July 10, 1986, renumbered to Chapter 13 by codifier because Chapter 12 is in use.
7-13.01 Powers and duties.
The Recreation Department (referred to in this chapter as “Department”) and the Recreation and Parks Commission (referred to in this chapter as “Commission”) shall have and exercise the powers and shall perform the duties set forth in this chapter with respect to the preservation of trees.
(a) The Commission:
(1) Shall recommend to the Council, after a public hearing, the designation to be preserved as provided in this chapter;
(2) May take steps to encourage or bring about the preservation of trees where the Commission has decided to suspend action on a permit application; and
(3) Shall establish and maintain a list of designated trees with features deemed deserving of official recognition and take appropriate measures of the recognition and preservation of designated trees.
(b) The Department:
(1) Shall issue permits as provided in this chapter; and
(2) Shall implement the policies of the Commission.
(c) The Department and the Commission:
(1) May carry out, assist, and collaborate in studies and programs designed to identify and evaluate trees worthy of preservation;
(2) May consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in the preservation of trees;
(3) May inspect and investigate trees which they have reason to believe worthy of preservation;
(4) May disseminate information to the public concerning those trees deemed worthy of preservation and may encourage and advise property owners in the protection, enhancement, and perpetuation of trees;
(5) May consider methods other than those provided for in this chapter for encouraging and achieving the preservation of trees and make appropriate recommendations to the Council; and
(6) May establish such policies, rules, and regulations as they deem necessary to administer and enforce this chapter.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.02 Designation of trees.
(a) Pursuant to the procedures set forth in this chapter, the Council, by ordinance, may designate an individual tree or other feature, or an integrated group of trees and features on a single lot or site, having a special character or special historical or aesthetic interest or value as a designated tree and shall further describe a site sufficient for each designated tree to maintain its growth and preservation.
(b) Each such ordinance shall include a description of the characteristics of the designated tree which justify the maintenance and preservation of such tree, with a description of the particular features which should be preserved, and shall include the location and boundaries of a protective site for such designated tree. Any such designation shall be in furtherance of and in conformance with the purposes of this chapter and the standards set forth in this chapter.
(c) The property included in any such site designation shall be subject to the controls and standards set forth in this chapter.
(d) The Council may amend or rescind a tree designation at any time, subject to the procedures set forth in this chapter for an original tree designation.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.03 Initiation of designation.
Initiation of designation shall be by a resolution of either the Council or the Commission or on the verified application of the owners of the property to be designated or their authorized agents. Any such application shall be filed with the Department upon forms prescribed by the Department and shall be accompanied by all data required by the Commission.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.04 Hearings by the Recreation and Parks Commission.
The proposed designation by resolution or application shall be promptly referred to the Commission, and the Commission shall hold a public hearing on the designation at its next regular meeting. A record of pertinent information presented at the hearing shall be made and maintained as a permanent record.
(a) Notices. Notice of the time, place, and purpose of such hearing shall be given by publication at least five (5) days prior to the hearing.
(b) Time limitations. The Commission shall consider the report of the Department and shall consider the conformance or lack of conformance of the proposed designation with the purposes and standards of this chapter. The Commission shall approve, disapprove, or modify the proposal within thirty (30) days after the noticed public hearing.
(c) Notice of action taken. The Commission shall promptly notify the property owner in writing of the action taken. If the Commission approves or modifies the proposed designation in whole or in part, the Commission shall transmit the proposal, together with a copy of the resolution of approval, to the Council.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.05 Designation by the Council.
The Council shall hold a public hearing on any proposal so transmitted to it within twenty (20) days upon due notice to the owners of the property included in the proposal and notice as provided in Section 7-13.04 of this chapter. The Council may approve, or modify and approve, or deny the designation. Such approval, or modification and approval, of a designation by the Council shall be upon the adoption of an ordinance.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.06 Appeals to the Council.
If the Commission disapproves the proposed designation, such action shall be final, except upon the filing of an appeal to the Council as provided in Chapter 4 of Title 1 of this Code.
(a) Hearings. The Council shall hold a public hearing on any such proposal appealed to it after due notice to the owners of the property included in the proposal and notice as provided in Section 7.13.04 of this chapter.
(b) Decisions. The Council may overrule the Commission and approve, or modify and approve, or deny the designation.
(c) Resubmission: Reconsideration. If a proposal initiated by an application has been disapproved by the Commission or by the Council on appeal, no subsequent application which is the same or substantially the same may be submitted or reconsidered for at least one year after the effective date of the final action on the original proposal.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.07 Notices of designation by the Council.
When a designated tree has been made by the Council as provided in this chapter, the Department shall promptly notify the owner of the property included in the designation. The ordinance shall contain a legal description of the land upon which the designated tree is located, the site description necessary to maintain and preserve the designated tree, a statement of the characteristics of the tree, a declaration of its significance and need for preservation, and the special features of the tree which are desirable to preserve. The Department shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.08 Conformity required.
(a) No person shall carry out or cause to be carried out on a designated tree any trimming, alteration, or removal without approval by the Commission pursuant to Section 7-13.11 of this chapter, except in conformity with the provisions of Section 7-13.15 of this chapter. In addition, no such work shall take place unless all other applicable laws and regulations have been accomplished and a permit has been issued for such work.
(b) No City department or agency shall issue any permit for the trimming, alteration, or removal of a designated tree without approval by the Commission pursuant to Section 7-13.11 of this chapter, except in conformity with the provisions of Section 7-13.15 of this chapter. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.09 Review of permit applications.
The Department shall maintain with the Building Official and Director of Public Works a current record of designated trees. Upon the receipt of any application for a permit to carry out any construction, alteration, demolition, or removal on a designated tree site, the Building Official and Director of Public Works, unless the tree concerned has been declared unsafe or dangerous pursuant to Section 7-13.14 of this chapter, shall promptly forward such application to the Department for processing as provided in Section 7-13.10 of this chapter.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.10 Review by the Recreation Department.
After receiving the permit application, the Department shall promptly refer it to the Commission, except that, in the following cases, the Department shall process the application without referring it to the Commission and without further reference to this chapter:
(a) When the application is for a permit to undertake minor alterations, and it is clear and certain that a designated tree is unaffected; and
(b) When the application is for a permit to do ordinary maintenance and repairs only, unless, in the opinion of the Department, the approval of the application would seriously conflict with the purposes and standards of this chapter or the provisions of the designating ordinance. For the purposes of this chapter, “ordinary maintenance and repair” shall mean any work, the sole effect of which is to perform work which will not affect the designated tree.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.11 Review by the Recreation and Parks Commission.
After receiving a report from the Department on a permit application, the Commission shall consider the application at its next regular meeting or within its discretion may call for a public hearing on the application.
(a) Notices of hearings. In the event of a call for a public hearing, the notice of hearing shall be given as provided in subsection (a) of Section 7-13.04 of this chapter.
(b) Decisions: Time limitations. The Commission shall consider the report of the Department and shall consider the conformance or lack of conformance of the proposed work with the purposes and standards of this chapter and with the provisions of the designating ordinance. The Commission shall approve, suspend, or disapprove the application as set forth in this subsection or, with the applicant’s consent, shall modify and approve the application, within sixty (60) days. Failure to act within such time shall constitute approval. The Commission shall promptly notify the property owner of the action taken.
(1) If the application is for a permit to undertake construction which will affect the designated tree, the Commission shall approve, modify, or disapprove the application in whole or in part or suspend action on it for a period not to exceed ninety (90) days; provided, however, the Council, by resolution, for good cause shown, may extend the suspension for an additional period not to exceed sixty (60) days if the Council acts not more than sixty (60) days and not less than thirty (30) days prior to the expiration of the original ninety (90) day period.
(2) If the application is for a permit to remove or destroy a designated tree, the Commission shall approve or modify the application in whole or in part or suspend action on it for a period of not to exceed ninety (90) days; provided, however, the Council, by resolution, for good cause shown, may extend the suspension for an additional period not to exceed sixty (60) days if the Council acts not more than sixty (60) days and not less than thirty (30) days prior to the expiration of the original ninety (90) day period.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.12 Standards for review.
The Commission shall be guided by the standards adopted by resolution of the Council.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.13 Appeals.
Any person aggrieved or any officer of the City may appeal a decision of the Commission as provided in Chapter 4 of Title 1 of this Code.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.14 Unsafe or dangerous conditions.
None of the provisions of this chapter shall be construed to prevent any measure of trimming or demolition necessary to correct the unsafe or dangerous condition of any designated tree, or part thereof, where such condition has been declared unsafe or dangerous by the Commission and where the proposed measures have been declared necessary by the Commission to correct the condition; provided, however, only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any designated tree shall be damaged by calamity, or by act of God, or by the public enemy to such an extent that, in the opinion of the Commission, the designated tree cannot reasonably be maintained, it may be removed in conformity with normal permit procedures and applicable laws.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.15 Advice and guidance to property owners.
The Commission, upon a request of the property owner, may render advice and guidance with respect to any proposed work on a designated tree not requiring a City permit. In rendering such advice and guidance, the Commission shall be guided by the purposes and standards of this chapter.
(§ l, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.16 Property owned by public agencies.
The Department shall take appropriate steps to notify all public agencies which own or may acquire property in the City about the existence and character of designated trees, and, if possible, the Department shall cause a current record of such trees to be maintained in each such public agency. In the case of any publicly-owned property on which a designated tree exists which is not subject to the permit review procedures of the City, the agency owning the property shall seek the advice of the Commission prior to approval or demolition thereon, and the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards of this chapter.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.17 Filing fees.
Before accepting for filing any application, the Department shall charge and collect such administrative fees as may be set by resolution of the Council.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.18 Enforcement: Violations: Penalties.
(a) Duty to administer and enforce. It shall be the duty of the Director of Recreation, or his delegate, to administer and enforce the provisions of this chapter.
(b) Inspections of premises. In the performance of duties, the Director of Recreation and employees of the Department properly authorized shall have the right to enter any parcel as provided by law for the purposes of investigation and inspection.
(c) Violations: Penalties. Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to the penalties set forth in Chapter 2 of Title 1 of this Code.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)
7-13.19 Applications for permits for construction work.
(a) No permit for construction work on a designated tree site filed subsequent to the day an application has been filed or a resolution adopted to initiate the designation of the tree shall be issued by any City department or agency while proceedings are pending on such designation; provided, however, after 120 days have elapsed after the date of the initiation of the designation, if final action on such designation has not been completed, the permit application shall be approved provided it complies with all other applicable laws and regulations.
(b) The provisions of this chapter shall be inapplicable to construction where a permit for the performance of construction work was issued prior to the initiation date for the designation of a proposed tree, and where such permit has not expired or been cancelled or revoked, provided the construction is started and diligently prosecuted to completion in accordance with the Building Code.
(§ 1, Ord. 704-86 C-M, eff. July 10, 1986)