HomeMy WebLinkAbout10/14/1991AGENDA
CITY OF DIAMOND BAR PLANNING COMMISSION
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
BOARD MEETING ROOM
880 SOUTH LEMON STREET
DIAMOND BAR, CA 91789
October 14, 1991
CALL TO ORDER: 7:00 pm
PLEDGE OF ALLEGIANCE:
ROLL CALL: COMMISSIONERS: Harmony, Lin, Schey, Vice Chairman
MacBride, Chairman Grothe
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the
members of the Planning Commission on any item that is within their
jurisdiction. Generally, items to be discussed are those which do
not appear on this agenda.
1.
2.
3.
MINUTES: Minutes of September 23, 1991
OLD BUSINESS: None
NEW BUSINESS: None
PUBLIC HEARING
Tentative Parcel Map 22102
A Minor land division to create two parcels on 4.39 acres in
the CM -BE -UC Zone
Applicant: Bryan Stirrat & Assoc. has requested continuation
to November 25, 1991.
Zoning Code Amendment No. 91-5
A City initiated request to amend certain provisions of the
Los Angeles County Code, as heretofore adopted by the City of
Diamond Bar, pertaining to Tree Preservation.
Applicant: City of Diamond Bar
Environmental Determination:
15061(b.)(3).
Categorical Exemption Section
INFORMATIONAL ITEMS: Discussion regarding November and December
Planning Commission Meeting dates.
ANNOUNCEMENTS:
Staff
Planning Commissioners
ADJOURNMENT: October 28, 1991
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COD
SEPTEMBER 23, 1991
CALL TO ORDER: Chairman Grothe called the meeting to order at 7:08
p.m. in the Walnut Valley School District Board
Meeting Room, 880 South Lemon Street, Diamond Bar,
California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Ben Reiling.
ROLL CALL: Commissioner Lin, Commissioner Schey, Vice Chairman
MacBride, and Chairman Grothe. Commissioner
Harmony arrived at 8:35 p.m.
Also present were Planning Director James
DeStefano, City Planner Emeritus Irwin Kaplan,
Associate Planner Robert Searcy, Planning
Technician Ann Lungu, City Engineer Sid Mousavi,
Deputy City Attorney Bill Curley, and Contract
Secretary Liz Myers.
MATTERS FROM Norman Franere, residing at 21205 Kerndall, stated
THE AUDIENCE: his concern for the proposed conversion of the
triangular area to a mixed-use planned development
as stated in the General Plan.
Teddy Decker, residing at 1875 Tenta Drive,
indicated that there should be considerations made
in the fencing code, and the CC&R's regarding flag
lots.
MINUTES:
C/Schey requested that the Minutes of September 9,
1991 be amended on page 10, first paragraph, to
Sept. 9, 1991
indicate "only" as opposed to "particular".
VC/MacBride commended staff on the quality of the
September 9th minutes.
Motion was made by VC/MacBride, seconded by C/Schey
and CARRIED UNANIMOUSLY to approve the Minutes of
September 9, 1991, as amended.
PUBLIC HEARING:
PT/Lungu addressed the Commission regarding the
request made by the applicant, Zelman Development
Tentative Parcel
Company, to merge two lots into one parcel. Staff
Map No. 23039
recommended that the Commission approve Tentative
Parcel Map No. 23039, the Findings of Fact, the
Categorical Exemption, and the attached resolution
and listed conditions.
The Public Hearing was declared opened.
Ben Reiling, of Zelman Development Company, located
at 1661 Hanover Road, City of Industry, stated that
the building is complete, and 40% is leased.
The Public Hearing was declared closed.
September 23, 1991 Page 2
Motion was made by C/Schey, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to recommend approval of
the Tentative Map No. 23039 to the City Council.
Tentative Parcel PD/DeStefano addressed the Commission regarding
Map No. 22102 Tentative Parcel Map No. 22102 to subdivide an
existing 4.39 acre site into two parcels. The site
is located at the end of Valley Vista Drive in the
Gateway Corporate Center. Staff met with the
applicant to review the draft conditions of
approval. Additional time is necessary to revise
the conditions. Staff has requested that the
Commission continue this public hearing to the
October 14, 1991 meeting.
The Public Hearing was declared opened.
Motion was made by C/Schey, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to continue the public
hearing item to the October 14, 1991 meeting.
CUP 91-9 PD/DeStefano addressed the Commission regarding the
request for a reverse vending machine to be located
at the Standard Brands Paint Store shopping center.
The City of Diamond Bar received a letter on
September 18, 1991, from the Reynolds Aluminum
Recycling Company, requesting the withdrawal of the
application. PD/DeStefano explained that though
staff had indicated full support for a recycling
facility at that location, they had expressed
concern to the applicant that the facility may not
be architecturally compatible with the rest of the
shopping center. The applicant chose to withdraw
the application.
Motion was made by C/Schey, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to receive and file the
matter.
General Plan PD/DeStefano stated that this is the second in the
series of public hearings before the Planning
Commission regarding the adoption of the City's
first General Plan. The General Plan is a document
that is a result of approximately 20 meetings of
the citizens General Plan Advisory Committee
(GPAC), as well as about 10 study sessions either
held before the Planning Commission or the City
Council. There was concern expressed at the
September 9th Public Hearing regarding the
document's faithfulness to the document prepared by
the GPAC. The Planning Commission concluded their
discussion by requesting that the GPAC members be
invited to attend the September 23rd meeting, be
given an opportunity to present their comments at
September 23, 1991 Page 3
any and all public hearings, be given a recent copy
of the plan, and suggest that they reconvene to
review it. The City Council also discussed the
General Plan at a study session held September
10th. The City Council concluded their discussion
by directing that the document go back to the GPAC
for at least two meetings in October of 1991, and
that the document be more widely advertised. It is
suggested that the Planning Commission do the
following: Reopen the Public Hearing; accept
additional testimony regarding the General Plan;
direct the staff to take the appropriate action
deemed necessary; direct the document to go back to
the GPAC; and hold the next Public Hearing no
sooner than November 11, 1991, or as soon
thereafter that the GPAC concludes their review.
CPE/Kaplan, upon confirmation that the majority of
the audience came to discuss their concern for the
rezoning of the triangular area between the 57
freeway, Colima Road, and Brea Canyon, explained
that this is one of the items that the Planning
Commission and the City Council was concerned with
also because it was not a GPAC recommendation. The
main reason the General Plan document is being sent
back to the GPAC is to give them an opportunity to
identify items that are their recommendation, and
those that are not. The items that are not will be
deleted.
The Public Hearing was declared opened.
Don Schad, residing at 1824 Shady Wood Road, a
member of the GPAC, stated his concurrence that the
document needs to be reviewed by the GPAC. He
suggested that the public be invited to attend the
GPAC meeting and present their comments.
Ada Kotowski, residing at 1856 Kiowa Crest Drive,
stated her support for the suggestion made earlier
in the meeting regarding the CC&R codes.
Bruce Flannenbaum, a member of GPAC, indicated that
after further review of the plan, there are other
areas of the plan that do not reflect the desires,
goals, aspirations, and decisions of the GPAC.
Chair/Grothe requested a copy of the letter,
received by the audience, that has generated so
much attention. He requested that it be included
in the minutes for the record:
IMPORTANT
September 23, 1991 Page 4
THE NEWLY -PROPOSED DIAMOND BAR GENERAL PLAN
SUGGESTS TEARING DOWN YOUR AND YOUR NEIGHBORS'
HOMES AND REPLACING THEM WITH HIGH-RISE OFFICE
BUILDINGS!!!
This is ONE of the suggestions for FUTURE
development of your neighborhood (the area between
57 Freeway, Colima Road and Brea Canyon Road).
The original City Council (Papen, Miller, Forbing,
Horcher and Werner) each appointed six members of
the community to form the General Plan Advisory
Committee (GPAC). The GPAC was given the
responsibility of preparing several alternative
plans for future development of Diamond Bar. At
the suggestion of one council member, the resultant
plans recommend the following:
There is a hearing regarding this and other equally
distressing GPAC recommendations before the Diamond
Bar Planning Commission on September 23rd at 7:00
pm. (Walnut Valley School Board Meeting Room, 880
South Lemon in Diamond Bar) I strongly suggest you
attend.
I don't know if you will receive any other
notification of this meeting so I am making certain
you are aware of this action. If I can answer any
questions for you, please call me at my home.
LAVINIA ROWLAND
714/860-5802
PD/DeStefano, upon the request made by
Chair/Grothe, read the section of concern from the
General Plan, and confirmed that the underlined
portion of the letter is a direct quote from the
General Plan. However, the statement, "At the
suggestion of one council member, the resultant
plans recommend the following:...", is not true.
He explained that the suggestion is a result of
consultant work looking at the potential for the
future development of the community. It is
exploring various options at this location and
other locations around town. The statement came
September 23, 1991
Page 5
from the consultants, and to his knowledge, did not
come from any member of Council, present or former.
Max Maxwell, residing at 3211 Bent Twig Lane,
stated his concern that many decisions are made on
issues that are vague, unannounced, unpublicized.
They are being sneaked through the system.
Lavinia Rowland, residing at 23945 Highland Valley
Road, indicated her concern for the following
issues: allowing second units and attached
dwellings behind the primary residential structure;
the conversion of the Golf Course to a Mall, or a
Civic Center; if Tonner Canyon is not to be built,
then where else will there be an access road to get
traffic off of our surface streets; and the
rezoning of the aforesaid triangular area.
Joan Sorensen, residing at 1137 Bain Ave., stated
that it appears that issues are being put under the
table, and that decisions will be made without the
public's knowledge.
Bill Tinsman, residing at 1014 Capen Ave.,
complained that he feels disenfranchised because,
though he is a Diamond Bar resident, his zip code,
91789, is Walnut. He concurred that the public
should be able to give input at the GPAC meetings.
He stated his dissatisfaction with the Council
members, and his skepticism that the public is
being properly represented.
Daniel Tanner, residing at 1056 Capen Ave., thanked
Lavinia Rowland for the letter she distributed. He
stated that regardless of their Walnut zip code, he
expects to receive any and all mailing from the
City.
Linda Hedekin, residing at 1136 Hare Ave., inquired
who is the consultant responsible for the document.
Mary Delle, residing at 21225 DeVane Street,
pointed out that most of the residents work and
don't have time to get copies of the General Plan.
The first priority of the City is communication,
and representation that is fair and equal.
Don Schad, a member of GPAC, explained to the
audience that the GPAC consisted of Diamond Bar
residents who tried their best to come up with a
blanket idea that would maintain our homes in the
lifestyle preferred in the community.
September 23, 1991 Page 6
Victor Panuellas, residing at 1053 Adelle Ave.,
suggested that the Planning Commission recommend to
the City Council that where there is an existing
home, or tract of homes, there be no rezoning for
commercial purposes only.
Randy Anderson, residing at 21265 DeVane Ave., a
real estate broker, explained that the property
values of the homes in the triangular area are
affected by the suggestion that they could be
rezoned commercially.
CPE/Kaplan, upon Chair/Grothe's request, explained
that the purpose of developing a General Plan is to
define the City's future on it's own terms. He
explained that the Planning Commission is seeing
the document basically for the first time. The
first step is to get a document that better
reflects what the GPAC had intended, and figure out
how to better proceed with communication to the
residents. When this has been done, it will be
brought back to the Planning Commission, and
further testimony will be heard through the public
hearing process. At that point, a recommendation
will be made to the City Council. It will be the
first time that the Council will have seen the
document in it's entirety. He stated that the City
will be requesting a year's extension, from the
State, in developing the General Plan.
C/Schey suggested that the Public Hearing be closed
briefly in order to act upon the audience' request.
The Public Hearing was declared closed.
C/Schey, recognizing that this issue was not a GPAC
recommendation, suggested that staff be directed to
omit this issue, and any reference made to the
indicated tract, from the General Plan.
C/Harmony arrived to the meeting at 8:35 p.m.
VC/MacBride suggested that, when the plan is sent
back to GPAC for further deliberation and study, it
be sent back with a strong recommendation, without
prejudice, that GPAC drop this item specifically
from their work, unless they wish to originate it
again.
C/Lin addressed the audience and assured them that
the Commission is equally concerned with the future
of Diamond Bar.
September 23, 1991 Page 7
Linda Hedekin, doubting the Commission's concern,
emphasized that there has been no communications
made to the residents.
C/Harmony, agreeing with the audience, stated that,
at his political committees expense, he has sent
letters out to every civic organization, and has
had City staff make copies of the General Plan, in
which he has hand delivered all over town. The
original plan for the GPAC was to meet in different
parts of the community so each of the neighborhoods
could participate, and play a part in developing
the 50 year plan. That plan did not occur. Even a
summary report of the document was never sent out
to the community. Something has gone awry in the
whole process. He assured the audience that he is
with them one hundred percent.
Motion was made by VC/MacBride, seconded by C/Schey
and CARRIED UNANIMOUSLY to direct staff to delete
the matter of the triangular area from the General
Plan and defer it back to the GPAC, with a strong
recommendation, without prejudice, that GPAC drop
this item specifically from their work, unless they
wish to originate it again.
The Public Hearing was declared opened.
Willa Clark, residing at 1038 Dale, inquired if the
residents will receive a letter stating that the
issue has been canceled.
Lavinia Rowland, against the possible development
of the Golf Course, inquired if the suggestions
made concerning the Golf Course is one of the many
issues that will be deleted from the General Plan.
Chair/Grothe explained that the GPAC's
recommendations will be brought back to the
Planning Commission, and will be reviewed at the
public hearings. It will take some time before the
General Plan is reviewed by GPAC
Tom Van Winkle, residing at 21103 Kerndall, stated
that many issues slide by despite the public's
opinion.
Ada Kotowski stressed the importance of keeping the
public informed through the press.
Mary Delle inquired why the project on Brea
Canyon/Colima was not completed.
September 23, 1991 Page 8
PD/DeStefano explained that the applicant had been
granted a permit by the County before the City had
incorporated. However, construction did not begin
on time. The Planning Commission, and the City
Council, did not grant an extension of the project.
C/Harmony stated that there are 48 items in the
General Plan that was not recommended by the GPAC,
yet somehow has drifted into the document. The
same kind of things drift into ordinances when
staff and the legal counsel are asked to go back.
He further stated that he had suggested that the
Planning Commission be put on cable television
because of the important issues at hand. However,
the Commission had voted against it. Also, he
stated that he had suggested that the Commission
appoint a speakers bureau to discuss pertinent
issue to the community. However, the Commission
did not see fit to appoint one.
C/Schey requested, as a point of order, that the
discussion remain on the Public Hearing at hand.
The Public hearing was declared closed.
Motion was made by VC/MacBride, seconded by C/Schey
and CARRIED UNANIMOUSLY to send the General Plan
back to the GPAC, as well as a summary of all
comments made regarding the plan.
Chair/Schey called a recess at 9:04 p.m. The
meeting was called back to order at 9:19 p.m.
CUP 91-8 AP/Searcy addressed the Commission regarding the
request from the applicant, Jung Ho and Yeon Ho
Kim, to permit a billiard room establishment to be
located in the Colima Plaza at 20627 Colima Road.
This use is before the Planning Commission because
it is a discretionary action by the standards of
the development code. The purpose of the
discretionary action is to determine the
appropriateness of the use at this specific
location. Staff recommended that the Commission
approve CUP 91-8 with the findings of fact and
conditions as listed.
Doug Smith, employee of Pfieler Associates
Engineer, 612 N. Diamond Bar Boulevard, indicated
that the establishment is to be a family billiard
center. No alcohol will be served.
AP/Searcy, responding to VC/MacBride's inquiry
stated that the site plan indicates that there is
an 8 foot concrete block wall immediately abutting
September 23, 1991
Page 9
the building. He read a correspondence from the
Dianos Family objecting to the establishment
because it could become a hangout for kids, and
attract gangs and drugs.
The Public Hearing was declared opened.
Virginia Anderson, residing at 21626 Devan,
objected to the location of the project.
Max Maxwell, residing at 3211 Bent Twig, also
objecting to the project, suggested that the
applicant be requested to prove that there is a
need and a desire that such an establishment will
enhance the community.
Bill Tinsmen, residing at 1014 Capen, Walnut,
inquired where billiards rank relative to other
types of entertainment in the community.
The Public Hearing was declared closed.
VC/MacBride inquired why additional conditions are
needed for this kind of an institution. He also
inquired if staff is comfortable with the
information received from the sheriff's office.
AP/Searcy stated that the conditions are necessary
to mandate that this use will proceed, be
successful, and meet the sheriff department's
criteria. He explained that a use may not be
prohibited in a City. However, in a discretionary
procedure it can be decided where the use is
appropriate and not appropriate. If it is deemed
appropriate, these are the conditions that are put
forth.
C/Schey indicated that good uses, as opposed to
poor uses, vary from community to community. He
suggested utilizing the codes as they stand, and
placing conditions, as necessary, to manage the
use, and make it appropriate to the community, to
get the diversity a community needs.
VC/MacBride stated that he is uncomfortable with
allowing the use without first investigating if
there is an alley way, the condition of the
billiards hall at Rowland Heights, and further
discussion with the Sheriff's Department.
AP/Searcy read Title 7, section 18, of the LA
County Code which states the grounds for denying
issuance of a license. If the license is not
obtained, the CUP is null and void.
September 23, 1991 Page 10
Chair/Grothe indicated that he does not object to
the establishment if it is a family oriented
recreation, and not a hangout. He suggested asking
the Sheriff Department for further input, and the
applicant to provide more information regarding
billiard establishments.
C/Harmony stated that he has difficulty in going
along with this kind of use.
VC/MacBride stated that he would like information
regarding the traffic generation, and the quantity
of parking spaces, realistically given a full
patronage of such a facility.
C/Lin indicated that the establishment has a great
potential for attracting undesireables. There is
doubt that the conditions given by staff, in the
recommendation, can be enforced.
Chair/Grothe requested that the residents in the
surrounding area be renoticed. There should have
been more public attendance considering the nature
of the application.
Motion was made by VC/MacBride, seconded by C/Schey
and CARRIED to continue the matter to the October
28th meeting for further information on traffic,
parking, and a sheriff's analysis as to why such
safeguards are needed for this kind of institution.
AYES: COMMISSIONERS: Schey, Lin, MacBride, and
Chair/Grothe.
NOES: COMMISSIONERS: Harmony.
ABSENT: COMMISSIONERS: None.
Tentative Tracts
PD/DeStefano addressed the Commission regarding the
147850, 47851, &
request to develop 120 single family units on 160
48487; CUP 89582,acres
located east and south of Wagon Train Lane
89583, & 89584
and Steeple Chase Lane. The site is located
respectively; &
adjacent to the "The Country", and within
Master EIR 91-2
Significant Ecological Area (SEA) No. 15 in
northern Tonner Canyon. The development requires a
Conditional Use Permit to develop in a hillside
area, a SEA, and an Oak Tree Permit to remove oak
trees. On June 24, 1991, the Commission was given
a presentation by staff, and the consultant, on the
project, and on the procedure underway to correct
deficiencies identified in the draft EIR. Michael
Brandman Associates (MBA) has coordinated the
preparation of the revised draft EIR, and D. G.
King & Assoc. has resubmitted it to the City for
review and certification. PD/DeStefano reviewed
the alternatives recommended by SEATAC. It is
recommended that the Commission direct staff to
September 23, 1991
Page 11
request the detailed information needed to fully
understand Alternative No. 2 in the draft EIR, the
extent to which this alternative satisfies the
conditions established by SEATAC, and review the
project in order to provide conditions applicable
to the design.
C/Schey inquired which alternative is preferred by
staff.
PD/DeStefano explained that Alternative 2 is
preferred by the developers. Staff is also leaning
towards Alternative 2, however, there are specific
concerns that need be resolved before staff can
give a recommendation.
C/Schey inquired if the tract map is under common
ownership, or if it is several tract maps under
different ownerships.
PD/DeStefano explained that there are two general
partners in this project: JCC, an acronym of a
company based in Torrence, and Dr. Al LaPeter,
owner of Tract 48487. Dr. Al LaPeter is involved
in a joint venture partnership with JCC for the
development of the total project. The actual
applicant is Diamond Bar Associates. He explained
that the projects could be separated. However, in
the proposed plan, they are sharing dirt, and need
each other to make this project work.
VC/MacBride inquired what the implications would be
for the remaining Liu parcel, if alternative 2 is
followed.
PD/DeStefano stated that the grading, the street
pattern, and the development pattern would be
affected.
C/Harmony inquired if the proposed overall study,
of all. the adjoining properties as they would
affect the Tonner Canyon area, was completed. It
is important to be sure that development is
consistent with one another so that the area is not
piece-mealed together.
PD/DeStefano explained that the broader scope
study, as recommended by SEATAC, was not completed
because the consultant firm fell apart. There is
an RFP prepared and. ready to be distributed to
other ecological firms.
The Public Hearing was declared opened.
September 23, 1991 Page 12
Cecil Mills, a principle with Diamond Bar
Associates, developer of tract #47850 & #47851,
explained the joint operation of these tracts to
the Commission. It was determined that it was
necessary to cooperate with each other in order to
be able to arrange mutual grading easements for cut
and fill operations. He explained the process that
led to the development of the proposed plan and
alternative two. He requested that the Commission
consider the following: Find that the EIR complies
with the requirements of CEQA; evaluate alternative
2 as the preferred alternative; request staff to
work with the developers to establish conditions of
approval for alternative 2; and place the item back
on the calendar for final consideration of the map
no later than the meeting four weeks from today.
Dr. Al LaPeter, resident of Diamond Bar, developer
of tract #48487, indicated that his plan is to
develop a good project for the City.
Lex Williman, with Planning Director of Hunsaker &
Associates, 10179 Huntington Street, San Diego,
stated that the development team has developed a
project that meets all the zoning requirements, all
the Hillside Ordinance requirements, and all of the
legal requirements for the certification of the
EIR. He explained the changes made to the project
from the original plan submitted to the County.
These changes included: The use of contour grading
techniques; reduction of slopes internally; the
elimination of the crib walls; and the mitigation
of the geotechnical problems in the contents of
land form grading. He further explained how they
have incorporated the mitigations proposed by
SEATAC. He reiterated the requests made by Cecil
Mills.
C/Harmony inquired if the homes will be built by
the developer's company.
Cecil Mills responded that it is anticipated that
some individuals lots will be sold in tracts #48750
& 148751, as well as building some individual homes
and selling them in-house.
Craig Weber, representing Dr. LaPeter and Diamond
Bar Association, architect, discussed contour
grading and what has typically been proposed as a
slope treatment, in terms of channelized drainage,
and what the developers are proposing.
Don Schad opposed the project completely for the
following reasons: The dominant Black Walnut will
September 23, 1991 Page 13
be destroyed; the area should be available to all
citizens of Diamond Bar, and not just the Country;
the soil formation is not suitable building
material; we will lose the animals if the wildlife
corridor is closed off; that part of the City needs
a park; the animals may perish from the water in
the collection basins; the designs of the waterways
may not be able to handle water from a heavy down
storm; and moving so much dirt changes the natural
terrain.
William Gross, residing at 21637 High Bluff,
complained that, although he lives to the left of
the project, he did not receive a notice. He
objects to the project for the following reasons:
The intention is to pack as many units as possible;
the project completely involves grading in the
gully area which will redirect the flow; the
project is being ramrodded; there is no mention of
any land being dedicated to the City to offset the
ecological and environmental impacts; there should
be sidewalks; the wildlife is not being protected;
and the dangers of brushfires. Diamond Bar should
be preserved as it was originally conceived.
Max Maxwell, residing at 3211 Bent Twig, stated his
concern for the environment, the wildlife,
brushfires, and density of the project.
Brian McGirdy, residing at 24419 Top Court, a
professional biologist and hydrologist, objected to
the project for the following reasons: There is a
need to know the cumulative impacts of the project;
an ecosystem is complex and needs a large area;
doubts the viability of the plan to protect the
Black Walnut Woodlands; wildlife will be lost;
nursery plants are not a substitution for natural
vegetation; and there may not be sufficient water.
He made the following recommendations: Wait for a
Regional Study; use native seeds; and set criteria
determining if the intent is to save the Walnut
tree or the Walnut Woodlands.
Lex Williman stated the following rebuttals:
SEATAC reviewed the project and it's relationship
to the ecosystem; the development team offered to
pay for a Regional Study; the project is in
conformance with City standards in regards to
density; native seeds will be used; the property
has access through "The Country"; they will be
getting additional letters of capacity from the
Water District; and they are equally concerned
about brushfires, and are proposing fuel
modification zones.
September 23, 1991 Page 14
CE/Mousavi, responding to C/tin's inquiry, stated
that the details of the traffic report on Wagon
Train and Steeple Chase have not been reviewed.
The Public Hearing was declared closed.
C/Harmony inquired how the formula for the park
trade off is being applied in this matter.
PD/DeStefano replied that the issue has not yet
been resolved at a staff level. He explained that
the difficulty in requesting open space and
dedicated land is that if it is a part of "The
Country", then the dedication may not serve the
purpose intended. However, it could be requested
that, as a condition of approval, an in lieu fee be
assessed to be used to enhance open space elsewhere
for the broader community. The project will be
assessed a fee, or a dedication requirement, or a
combination of both, as a condition of approval, if
there becomes a project to be approved.
VC/MacBride emphasized the importance of preparing
a total Regional Study. He commended the efforts
of the development team, in accommodating the best
technology presently available to do the project
well. He questioned if this effort is sufficient
to answer our total ecological needs in context.
C/Harmony stated that the project impacts the area
more than he had originally believed it would.
C/Schey requested staff to explore the potential
benefit of reducing density, giving a reasonable
yield for the developer but still maintaining a
reasonable level of ecological sensitivity to the
community.
C/Lin requested a traffic impact report on Steeple
Chase.
Chair/Grothe stated that if there is to be some
dedicated park land in this community, it should be
certain that it is to be located in a desirable
area. He also requested that staff assess the
various mailing errors regarding notices.
C/Harmony stated that the option of swapping land
should not be disregarded, and should be discussed
with the developer.
Motion was made by C/Schey, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to continue the matter for
30 days, and request staff to report back with the
September 23, 1991
Page 15
status report on the alternatives, and the status
report on the study of the overall Tonner Canyon
SEA as far as it's selection on a consultant, and
the program that the.consultant is working on.
ANNOUNCEMENTS: VC/MacBride, referring to the comment made by
C/Harmony which indicated that the Commission had
voted not to accept the entrance of cable
television, indicated that the statement made is
inaccurate. He would like the Commission meetings
to be as open, and as directed to the public as
humanly possible.
C/Harmony pointed out his argument to get the
Commission to take a stand for cable television.
As a result of the discussion, the Commission
decided to go along with any recommendations or
suggestions made by the City Council. Thereby, the
Commission neither supported, nor denied cable
television.
C/MacBride reiterated that he does not appreciate
being told in front of a large audience that the
Commission voted against cable television. The
Commission did not.
C/Harmony stated that this Commission has taken a
negative position to cable television.
C/Schey indicated his resentment of the
implication, made by C/Harmony, that any vote taken
here was taken in the intent of keeping information
from the public. That is a clear
misrepresentation, and is clearly untrue.
C/Harmony recalled the comments made by the
Commission that the General Plan was too difficult,
and people didn't really want to deal with it and
study it. The Commission was wrong, and the people
came out and talked about it tonight. We have a
disastrous plan here because it is wrapped up
behind closed doors. He also indicated that
ordinances are being modified by other people, like
the City Council. The same things appear on our
ordinances as appears on the City Council. The
City is not getting a clear, clean, forward type of
presentation and representation to the public. He
requested a vote to determine if the Commission
wants cable television.
Motion was made by VC/MacBride that, for record
purposes, the Commission takes the public position
that we welcome public examination in such matters
as news reporters, or television cameras, or any
September 23, 1991 Page 16
other media that may be appropriate.at any of our
publicly noticed sessions.
C/Harmony requested that the motion include a
recommendation that the City Council authorize
cable coverage.
VC/MacBride explained that the purpose of his
motion is to clarify that the Commission is not
opposed to any kind of public exposure.
C/Harmony stated that the City Council has cable
coverage, yet these important issue of the General
Plan, the constitution, are closeted.
C/Schey reiterated his objection to the statement
that implied that the Commission had forbid cable
television. That statement is not true.
C/Harmony replied that the Commission has blocked
cable coverage from coming into the meetings, and
has opposed the speakers bureau as well. He then
recommended that the motion be amended to include a
recommendation that the City Council specifically
authorize cable television for the Planning
Commission meetings.
VC/MacBride stated that he is trying to stop the
throat cutting and criticizing of a Commission that
is trying to work for community.
C/Harmony replied that he will criticize at any
time that he finds that the Commission is not
representing the people, and is blocking the way
for good public exposure of issues and policies
that have to be discussed in the public. The
General Plan is not even the plan of GPAC. The
plan is being kept a secret by the City. The
people need to know what is said in the document.
C/Lin indicated her concern over this discussion
and stated that it has never been the Commission's
intention to keep secrets from the public.
Chair/Grothe stated that the Commission recognizes
that the draft General Plan is not acceptable. It
is being sent back to GPAC.
C/Harmony requested a second to the motion.
C/Schey seconded the motion.
VC/MacBride then restated his motion, and the
purpose of the motion, and C/Harmony restated his
proposed amendment to VC/MacBride's motion.
September 23, 1991 Page 17
C/Schey, not realizing that he had seconded
C/Harmony's amendment, withdrew his second.
The amended motion failed for lack of a second.
C/Schey then seconded VC/MacBride's motion that,
for record purposes, the Commission takes the
public position that we welcome public examination
in such matters as news reporters, or television
cameras, or any other media that may be appropriate
at any of our publicly noticed sessions.
AYES: COMMISSIONERS: Harmony, Schey, MacBride,
and Chair/Grothe.
NOES: COMMISSIONERS: Lin.
ABSENT: COMMISSIONERS: None.
The motion CARRIED.
ADJOURNMENT: The meeting was adjourned at 12:55 p.m.
Respectively,
James DeStefano
Secretary/Planning Commission
Attest:
Jack Grothe
Chairman
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE REQUEST:
PROPERTY LOCATION:
APPLICANT:
BACKGROUND/RECOMMENDATION:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
FA
September 30, 1991
October 14, 1991
Tentative Parcel Map 22102. A Minor
land division to create two
parcels on 4.39 acres in the CM -BE -
UC zone.
1575 S. Valley Vista Dr.
Diamond Bar, CA. 91765
Specialty Equipment Market
Association.
Staff has received notice from the applicant, Bryan A. Stirrat &
Associates, regarding continuation of case TPM 22102 to November
25, 1991. Staff requests that the Planning Commission continue the
public hearing regarding this case to the meeting of November 25,
1991.
Prepared by: John Berry, Planning Intern
BRYAN A. STIRRAT S ASSOCIATES
CIVIL ANO ENVIRONMENTAL ENGINEERS
September 30, 1991
City of Diamond Bar
21660 E. Copley Drive - Suite 190
Diamo-d n l'� l4c n4 '_A 1 -
ar, ..a .or...a 7, 76--Y 1
Attn: Mr. John Berry
RE: TENTATIVE PARCEL MAP 22102
Dear Mr. Berry:
c',1, mac,• -..';.'-
99
JN: 9007
This will confirm our conversation on September 30, 1991, regarding the subject
subdivision application.
We agree that a continuation of the project to a Planning Commission hearing in
November will benefit the project in that it will; (1) allow the owner to have input on
commission action, and (2) the Planning Department will have additional time to
"streamline" the Engineering Department conditions.
If there should be any questions or changes, please feel free to contact me.
Very truly rs,
ob D. Johnson, P. E.
Chief Engineer
c: Chuck Blum
SEMA - 1575 S. Valley Vista Drive, Diamond Bar, CA 91765
(r`D' 19W' aliey Vista Drive • Diamond Bar, CA 91765 • [714] 860-7777 • FAX [714] 860-8017
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
3
October 2, 1991
October 14, 1991
Zoning Code Amendment 91-5
Proposal to amend certain, provisions
of the Los Angeles County Code as
adopted by Diamond Bar, pertaining to
Tree Preservation.
21660 E. Copley Drive
Diamond Bar, CA 91765
City of Diamond Bar
N/A
On May 19, June 21, and August 8, 1991 the staff presented "rough
drafts" of a tree perservation ordinance for review by the Commission.
The purpose of the reviews was to draw upon the Commission for their
comments concerning a future Tree Preservation Ordinance for the City
of Diamond Bar.
Each time a draft was presented to the Planning Commission for their
comments, the staff would make appropriate changes. Now is the time to
make definitive decisions in order to formulate a tree perservation
ordinance for the City.
APPLICATION ANALYSIS:
At the present time, the City is using the Los Angeles County Planning
and Zoning Code pertaining to oak tree permits (Section 22.56.2050 thru
22.56.2260).
The intent of the draft Tree Preservation Ordinance is to deal with a
wider variety of trees in our community than the existing Oak Tree
Preservation ordinance of Los Angeles County. The purpose of the draft
ordinance is to establish rules, regulations, and policies governing
tree planting, maintenance, preservation, propagation, and removal of
trees.
In preparing the drafts for the tree ordinance, research was done using
ordinances which are in effect at other cities. Sections were taken
from these ordinances which seem compatible with our community for our
purpose and intent. The following cities' tree preservation ordinances
were used:
CITY TREE TYPE
Thousand Oaks ---------------------
oak trees;
Rancho Cucamonga ------------------
eucalyptus, palm, Oak, Sycamore,
pine, and other trees growing
within the City which are a
natural aesthetic resource that
help define the character of the
City;
LaVerne---------------------------
Deodar Cedar, Camphor Tree,
Coast Live Oak, Engelmann Oak,
California Sycamore, and
Southern California Black
Walnut;
Los Angeles County
---------------- oak trees;
San Marino ------------------------
Thirty-one (31) tree species;
San Dimas -------------------------
Preservation and protection
of oak trees and mature sig-
nificant trees, as well as
other trees which are deter-
mined to be desirable, growing
within the City.
Rancho Cucamonga
is reevaluating their tree ordinance. At this
time, it appears
that their ordinance will be strengthened to
include Oak and Sycamore trees. It will be softened by lowering the
replacement ratio
of Bluegum Eucalyptus trees.
There are still several issues which need to be addressed in our draft
tree preservation ordinance. The main issue is how restrictive this
ordinance ought to be. Within this main issue are several specific
issues are as follows:
1. What criteria should be used to identify trees to be preserved?
Some cities use size as criteria for deciding which trees to
preserve. An example would be a tree which is fifteen feet
(151) in height, and has a circumference of fifteen inches
(1511) or more measured four feet (41) above the lowest ground
level.
The above mentioned figures concerning height and circumference
were chosen because a majority of trees, especially hardwood
trees are considered to have reached maturity at this size. An
oak tree would be approximately fifty (50) years old and a
sycamore would be approximately ten (10) years old.
Other cities use species or a combination of species and size
for a criteria for trees to be preserved.
The City must decide what criteria it desires to use for the
preservation of trees. Do we want to use size, species or a
combination of both size and species for our criteria?
2. What are the minimum lot size standards for activation of a
tree preservation ordinance?
Some cities have the same standards for single family
residential, multi -family residential, and commericial
properties. Other cities have different standards for private
property based on zoning.
In the City of Laverne, their tree preservation ordinance is
activated on properties of one acre or more zoned for r es i -
dential use.
In the City of San Marino, their tree preservation ordinance is
activated on the basis of tree species.
Another standard for private property could be that tree
preservation be based on the size of the lot and the tree
species. If a lot is 20,000 square feet in area or less, the
only time the tree preservation ordinance would be activated is
if there are oak, walnut, black walnut, or sycamore trees on
the property. In that case, the property owner would be
required to abide by the tree preservation ordinance. Lots
larger than 20,000 square feet in area, in all zones and
undeveloped areas would be required to comply with all aspects
of the Tree Preservation Ordinance.
3. What replacement ratio and size of replacement tree would
be appropriate for the City's tree preservation ordinance?
Some of the cities researched have replacement ratios such as
four to one (4:1) as well as a specific minimum size for
replacement. The minimum size replacement in the City of
Laverne for a parcel of one (1) acre or more is as follows:
Diameter
Number Removed
Replaced With
Min.Size
10" or under
1
4
24" box
10"-14"
1
4
36" box
15"-29"
1
4
48" box
3011+
1
4
60" box
According to a local wholesale nursery (Bergen's in Brea) which
specializes in the sale of boxed trees, the following size
Coastal Live Oak Tree, a slow growing tree, is contained in the
following size box:
Box Size
Height
Diameter
24"
8'-10'
12"
36"
12'-13'
23-1#1
48"
special order
varies
60"
special order
varies
Another option to consider for the City is to contract with an
arborist who would recommend the replacement ratio based on the
individual project.
4. Does the City wish to insure that a replacement tree will
received the proper care and maintenance for a designated
period of time?
The City of Laverne uses a cash bond, paid to the City, in a
dollar amount determined by the Director of Public Works for a
designated period of time.
Information contained within this report was acquired from Rick Hume of
Forma, Craig Weber of Weber and Associates, Don Shad, and Charles
Janiel, Director of Parks and Maintenance.
Attached to this report is a copy of the draft Tree Preservation
Ordinance, and Tree Management Guidelines.
ENVIRONMENTAL ASSESSMENT:
Categorically Exempt pursuant to Article 5, Section 15061, (b), (3) of
the California Environmental Quality Act Guidelines.
RECOMMENDATIONS:
Direct staff to prepare a "final" ordinance with the following
conditions:
1. Preserve trees which are fifteen feet (151) in height and have
a circumference of fifteen inches (1511) measured four feet (41)
above the lowest ground level.
2. Activate the Tree Preservation Ordinance on property based on
lot size and species as follows:
a. A lot of 20,000 square feet or less would be required
to preserve oak, walnut, black walnut, or sycamore
trees;
b. Parcels larger than 20,000 square feet in area would
be required to comply with all aspects of the Tree
Preservation Ordinance;
3. Replacement Ratio:
a. On lots of 20,000 square feet or less, contract with
an arborist to decide the replacement ratio;
b. On parcel of more than 20,000 square feet, the
replacement ratio shall be four to one (4:1).
4. Care and maintenance program for a designated period of time
shall be secured by a cash bond, paid to the City, in a dollar
amount determined by the Director of Public Works.
Attachments:
Draft Heritage Tree Preservation Ordinance
Tree Management Guidelines
Los Angeles County Planning and Zoning Code pertaining to Oak Trees
Rancho Cucamonga's Tree Preservation Ordinance
LaVerne's Tree Preservation Ordinance
San Marino's Tree Preservation Ordinance
HERITAGE TREE PRESERVATION ORDINANCE
PURPOSE
The Heritage Tree Preservation Ordinance is established to create
a master plan governing tree planting, maintenance, and removal;
and to recognize oak trees, walnut trees, sycamore trees, and other
heritage trees growing within the City which are a significant
historical, aesthetic, and natural resource definitive of the
character of the City. Oak trees and heritage trees are worthy of
protection. They are the prime source of oxygen, preserve the
scenic beauty, prevent soil erosion, provide shade, protect wild
life, and counteract air pollution. It is relevant to the public
peace, harmony, and welfare that such trees be protected from
random removal or cutting, especially where such trees are related
to a proposed development.
INTENT
It is the intent of this ordinance to create regulations for the
preservation and maintenance of oak and heritage trees within the
City on public and private property so as to retain as many trees
as possible. It is also the intent of this ordinance to perpetuate
oak and heritage trees through planting as development occurs
APPLICABILITY
The provisions of this ordinance shall apply to all oak and
heritage trees on all public and private property within the City.
DEFINITIONS
For the purpose of the ordinance, specific words and phrases used
are defined as follows: ,
Arborist: A specialist in the care and maintenance of trees.
Certified Arborist: A specialist in the care and maintenance
of trees and certified by the Western Chapter of the
International Society of Arborculture (WCISA).
Compensatory Pruning: Pruning that is necessary to be
performed to reinstate the proper root equilibrium.
mvised 1019191 1
Cutting: The detaching or separating from a
protected tree any limb, branch, or root. Cutting shall
also include pruning.
Damage: Any action causing or contributing injury to
the root system or other parts of a tree, by fire,
application of toxic substances, operation of machinery
or equipment; improper watering; changing natural grade
of land by excavation or filling the drip line area
around the trunk; or by attaching signs or artificial
material thereby piercing the bark of the tree.
Diseased Trees: Trees afflicted by but not limited to any of
the following: insect - infestation, heart rot,
exfoliation, slime flux, crown rot, leaf scorch,
and root fungus which must be evaluated treated and
re-evaluated in an effort to restore or save.the
tree.
Deadwood: Limbs, branches or a portion of a tree that
contains no green leaves during a period of the year when
green leaves should be present.
Director: Director of Community Development for the City of
Diamond Bar.
Drip Line: A line which may be drawn on the ground
around a tree directly under its outermost branch tips
and which identifies that location where rainwater tends
to drip from the trees. When depicted on a map, the
dripline will appear as an irregular shaped circle that
follows the contour of the tree's branches as seen from
overhead.
Heritage Tree: Any tree, shrub, or plant that meets
at least one of the following criteria:
1. All oak, walnut or sycamore trees
2. All woody plants in excess of fifteen feet (151) in
height or having a minimum single trunk
circumference of fifteen inches (1511) measured
four feet (41) from lowest ground level; or
3. Multitrunked tree shall mean a tree with a division
of its trunk having a total circumference of a
minimum of thirty inches (3011) measured four feet
(41) from lowest ground level; or
4. A stand of trees which are dependent on each
other for survival; or
5. A natural occuring tree in the landscape or a tree
which is indigenious to the area to retain the
natural environment.
mvised 10/9/91
Horticulturist: A specialist in the care and maintenance of
fruits, vegetables, flowers, or ornamental plants.
Oak Tree Report: A written report prepared by a certified
arborist containing specific information on the location,
condition, potential impacts of development, recommended
actions and mitigation measures regarding one or more oak
trees on an individual lot or project site.
Private Property: Land not owned by a government agency.
Protection Zone: The area within the dripline of a
heritage tree and extending to a point at least ten (101)
feet outside from the dripline, or twenty (201) feet from
the trunk of a tree, whichever distance is greater.
Pruning: Any and all work performed upon the roots or the
limbs of a heritage tree.
Removal: Any action which will cause extraction of a
heritage tree.
Routine Maintenance: Actions needed for the continued good
health of a heritage tree including but not limited to
removal of deadwood, insect control spraying, and
watering. Routine maintenance shall be limited to medium
pruning of branches not to exceed two (211) inch in
diameter in accordance with the latest guidelines
published by the National Arborists Association.
Undeveloped Property: Refers to any parcel or parcels of land
which does not contain physical man-made improvements,
and may be improved in conformance with the applicable
development standards of the zoning classification where
the property is located.
EXCEPTION
The following shall be exempt from the provisions of this
ordinance:
A. Trees planted, grown, and/or held for sale by licensed
nurseries and/or tree farms or the removal or
transplanting of such trees for the purpose of operating
a licensed nursery and/or tree farm;
B. A tree that is so damaged or diseased, and as such, is
certified by the City that it can not be effectively
preserved, or its presence is a threat to other protected
trees;
WASW 10/9/91 3
B. A tree that is so damaged or diseased, and as such, is
certified by the City that it can not be effectively
preserved, or its presence is a threat to other protected
trees;
C. Trees and shrubs within existing or proposed public
right-of-way where their removal or relocation is
necessary to obtain adequate line -of -sight distances and
keep street and sidewalk easement clear of obstruction as
required by the City engineer or his/her designee;
PERMIT REQUIRED
A permit shall be required for removing, trimming or relocating a
heritage tree.
A. No person, utility company, firm or corporation shall
remove, relocate or destroy any or heritage tree within
the City limits, including an applicant for a building
permit, without first obtaining a tree removal permit
from the Director.
B. No tree removal permit shall be issued for the removal of
any heritage tree on any lot associated with a proposal
for development, unless all discretionary approvals have
been obtained from the City, and unless emergency wavier
is granted.
C. A permit shall be required for the cutting or pruning of
branches that exceed two (2) inch in diameter. The
maximum amount allowed for the pruning of heritage trees
shall be twenty (20%) percent. The maximum amount
allowed for the pruning of oak trees shall be ten (10%)
percent.
D. Topping shall be prohibited. The tree crown shall be
reduced by "thinning out" of selected branches.
OAR TREE/HERITAGE TREE PERMIT APPLICATION
An application for a tree removal/ relocation permit shall be filed,
together with any required fee as set by resolution of the City
Council, with the Director on forms provided for the purpose. The
Director shall require a tree removal permit application together
with any application for tentative subdivision .maps or other
proposal for development. The application shall contain the
following information:
A. A statement as to the reasons for removal or relocation;
B., The number, species and size (circumference as measured
four feet from lowest ground level) and height of trees;
C. The exact location of all trees on-site on a plot plan in
relation to structures and improvements. If the
application is associated with a proposal for
revised 10/9/91 4
development, the location of all trees on-site shall be
plotted on a grading plan;
D. Photographs of the trees to be removed or relocated;
E. If a tree is proposed to be relocated, the relocation
site shall be identified and site preparation and
relocation methods described;
F. If a tree is -proposed to be removed, the proposed method
of removal shall be described in writing by a certified
arborist.
G. The health of any tree declared diseased, infested, or
drying shall be verified by a written report of a
certified arborist;
H. In addition, the Director may cause to be prepared, at
the applicant's expense, a written report by a certified
arborist to assist in making a determination on a tree
removal permit application.
Subsequent to investigation, the Director shall approve,
conditionally approve or deny the application to remove or relocate
any heritage tree(s). The Director may impose conditions deemed
necessary to implement the provisions of this Ordinance, including,
but not limited to, replacement of the removed or cut down tree(s),
the species, the quantity or the size commensurate with the
aesthetic value of the tree(s) cut down or removed. Conditions may
also be imposed on tree(s) location to another site on the property
provided that the environmental conditions of the new location is
favorable to the survival of the tree(s) and that such relocation
is accomplished by a certified arborist.
HERITAGE TREE PRUNING PERMIT
There may be circumstances under which live and dead tissue my be
removed with the required permit. The circumstances and procedures
are as follows:
A. An application shall be submitted along with a report
which shall contain the following information:
1. A statement as to reasons for the pruning;
2. The location of the tree(s) to be pruned on a site
plan in relation to all structures and improvements
of the site. Also the size, species and height of
the tree(s) shall be designated on the site plan;
3. Photographs of the tree(s) to be pruned brought to
the Director prior to the issuing of a permit.
B. Upon receipt of the application, the Director shall
investigate the site and evaluate the request on the
basis of the following criteria:
1. The condition of the tree(s) with respect to the
interference of branches to existing structures;
2. Structurally unsafe limbs and branches due to
decay, cracking or splitting;
revised 1019/91 5
3. Tree(s) that are suspected of being unbalanced;
C. At the discretion of the Director, a certified arborist
may be call upon to provide recommendations for pruning
of trees.
APPEAL PROCEDURES
Any person aggrieved by the denial or approval of a tree removal
permit shall be allowed recourse of appeal in the following manner:
A. Administrative Decision. Appeal based on decisions by
the Director may be filed by an aggrieved party with the
Planning Commission. Such an appeal shall be filed in
writing with the secretary of the Planning Commission,
together with any appeal fee, within ten (10) calendar
days of the decisive action. The Planning Commission may
consider the matter and may affirm or reverse wholly or
partly the action in question.
B. Planning Commission Decision. Appeal of decision by the
Planning Commission may be filed with the City Clerk, in
writing, within ten (10) calendar days following the
decision of the Planning Commission. In this case, the
City Council will consider the matter and may affirm or
reverse wholly or partly the action in question.
C. Approval Period. Tree removal permits shall be effective
following the ten (10) day appeal period and shall be
valid for a period of ninety (90) days, subject to
extension. Where the tree removal permit is associated
with a proposal for development, the ninety (90) days
shall start from the date of final map recordation or
building permit, which ever comes first.
EMERGENCY WAIVER
Where a tree is determined by the Director to be in an eminently
dangerous condition requiring emergency action to preserve the
public health, safety, and welfare, the permit requirement may be
waived. In the event of an emergency caused by hazardous of
dangerous tree, which condition poses an immediate threat to person
or property, the fire department may authorize the destruction or
removal of such tree without securing a permit.
USE OF EXPLOSIVES
All persons engaged in removing trees and desirous of using
explosives for this purpose with in the City limits, shall first
obtain approvals from the City Building Department and the Fire
Department. These approvals shall be noted on the tree removal
permit prior to issuance by the Director. In addition, applicant
shall furnish such bond or insurance as necessary for the
revised 10/9/91 6
protection of surrounding property from any possible damage which
might result from the use of explosives.
HERITAGE REPLACEMENT
A. All heritage tree removal shall require replacement with
the largest nursery -grown tree(s) available,
or a size determined by the Director.
B. Heritage tree relocation is to be at another location on
the site whenever possible. A written report by a
certified arborist is required concerning the feasibility
of transplanting the tree.
C. The Director shall condition tree removal permit for
replacement of tree(s) within a specific time period.
D. To assist the Director in making a determination, the
applicant for a tree removal permit may be required to
submit an independent appraisal prepared by a certified
arborist to determine the replacement value of the
tree(s) removed.
E. Replacement trees shall be properly cared for and
maintained for a period of three (3) years and replaced
by the applicant or permittee if mortality occurs within
that period.
F. Where feasible, replacement trees should be indigenous to
the area as determined by a certified arborist.
PROTECTION OF EXISTING TREES
Care shall be exercised by all individuals, developers, and
contractors working near oak trees and heritage trees so that no
damage occurs to such trees. All construction shall preserve and
protect the health of trees to remain, relocated, and new trees
planted to replace those removed in keeping with the following
measures:
A. All trees to be saved shall be enclosed by chain link
fencing with a minimum height of five (5) feet or other
acceptable means to the Director prior to the issuance of
any grading or building permit and prior to commencement
of work.
B. Chain link fencing or other acceptable barrier shall be
erected at least ten (10) feet outside of the dripline or
twenty (20) feet from the trunk, whichever distance is
greater. Said barrier shall remain in place during all
phases of construction and may not be removed without the
written consent of the Director at the completion of
construction.
C. Signs must be installed on the fence in four locations
equidistant around each tree. The size of each sign
shall be a minimum of two (2) feet by two (2) feet square
7
mvised 1019191
and shall contain the following language:
WARNING
DeveloDment,City of Diamond Bar.
D. No disruption or removal of the structural or absorptive
roots of any tree shall be performed.
E. No fill materials shall be placed within the dripline of
any tree. This is a guideline and is subject to
modification to meet the needs of individual tree species
as determined by a certified arborist.
F. No compaction of the soil within the dripline of any tree
shall be permitted.
G. No construction, including structures and walls, that
disrupts the root system shall be permitted. As a
general guideline, no cutting of the root system shall be
permitted within a distance equal to three and one-half
times the trunk diameter as measured at ground level.
This distance may vary to meet the needs of individual
tree species as determined by an arborist. Where some
root removal is necessary, the tree crown may require
thinning to prevent wind damage. This shall also be
verified by a certified arborist.
TAGGING
In the process of preparing a Heritage Tree Report, each tree is
required to be numbered. The following method of numbering the
trees shall be used to easily identify and locate the oak trees
and/or heritage trees:
A. A permanent tag, a minimum of one and one-quarter
(1-1/411) inches to two (211) inches is to be used for
identifying the trees. The tag must be made from a non-
corrosive, all weather material and be permanently
attached to the tree.
B. The tag shall be located on the north side of the tree at
a height of four and one-half (4-1/21) feet above the
natural elevation.
ENFORCEMENT
The Department of Community Development through its Code
Enforcement Officer shall vigorously enforce the provisions of the
Heritage Tree Preservation Ordinance. Also, in the course of their
regular duties, the Departments of Building and Safety,
Engineering, and Public Works will check activities on-site on a
`evised 10/9/91 8
daily basis. Any irregularities or suspected violations will be
reported immediately to the Code Enforcement Officer.
When any construction or work is being performed contrary to the
provisions of the Heritage Tree Preservation Ordinance, a City
inspector may issue written notice to the responsible party to stop
work on the project. The notice shall state the nature of the
violation or danger. No work shall be allowed to take place until
the violation or danger is rectified to the City's satisfaction.
Each day of violation shall be considered a single offense.
The Enforcement Officer is empowered to issue citations for
violations of any provisions of this ordinance. Each violation is
punishable by a fine up to one thousand dollars ($1,000.00) and/or
six (6) months in jail. Each day an offense is allowed to continue
may be considered as a separate offense and prosecuted accordingly.
CITY LIABILITY DISCLAMER
Nothing contained in this Heritage Tree Preservation Ordinance or
in the Tree Management Guidelines shall be deemed to impose any
liability upon the City of Diamond Bar, its officers or employees,
nor to relieve the owner of any private property from the duty to
keep Heritage Trees on his or her property or under his or her
control in such a condition as to prevent it from constituting a
hazard or an impediment to travel or vision upon any street, park,
boulevard, alley or public place within the City.
No person, firm, or corporation shall interfere with the Director
of Community Development, City Engineer or persons acting under
their authority while engaged in any of the activities which are
required for the preservation, protection, maintenance, or
management of Heritage Trees within the City of Diamond Bar.
SEVERABILLITY
Should any part of this ordinance
be invalid, this shall not effect
a whole or any part thereof other
revised 10/9/91
be declared by a court of law to
the validity of the ordinance as
than the part held to be invalid.
E
TREE MANAGEMENT GUIDELINE
Care and Maintenance
All trees depend on certain essential elements to grow and remain
healthy such as water, air, soil, nutrients, and a balanced
ecosystem. When one or more of these elements are disturbed by
change or removal, the natural function of a tree will be
interrupted. Whether this change is small or great, a tree may not
be able to adjust. This inability to adjust will cause the decline
and/or death of a tree.
The purpose of the following text is to be aua ide. It is meant to
assist in taking the proper steps for the care and maintenance of
trees and to reduce the level of disturbance to trees.
SELECTION
When selecting trees, choose trees that are native or known to
adapt to the area where planting is being considered. Selecting
trees that will not adapt will produce a disturbance of some kind
allowing for the trees to fall prey to insects, disease, and other
problems which will eventually lead to their decline or death. In
some instances, it may take years before a particular species is
effected. In many cases, trees are not susceptible to injury until
they have grown in size. As a result, their treatment or removal
can be expensive.
Take an inventory of the species of trees which are growing in the
area. If the species are not recognizable, take samples, compare
them to pictures or books of trees or ask a local nurseryman,
forest ranger or other expert to identify the samples.
In summary, select native trees that exist in the area. Purchase
them from a reputable nursery. Select trees that are free of
insects and disease. Also, balance the planting with a
representative mix of the area.
PLANTING
Planting is when the tree is merely being transferred from its
container to the growing area. Choose an area that will
accommodate the eventual size of the tree. Have water, nutrient,
and other planting material readily available.
Revised 10.9-91 1
Place the tree, while in its container, at the spot where it will
be planted to help visualize the location with the tree. once the
final location has been determined, dig the hole slightly larger
than the container size. The tree should be planted slightly above
the grade which will allow for settling. Form a basin around the
root ball for the purpose of collecting water for penetration
without runoff. Water and nutrients are always applied from the
surface down, not in the bottom of the hole. Back fill the hole
with the tree in it with native soil.
Remember to keep the soil moist and well drained. Approximately
every four weeks apply nutrients. Newly planted oak trees may need
watering during their first summers.
In the case of established oak trees on a site which are to remain
where located, do not over water. Improper watering can be the
cause of a tree's decline and eventual death which can take years.
At the point when a tree shows signs of obvious decline, it is too
late to correct the damage. Over watering, especially done during
the summer months, is especially detrimental. It creates ideal
conditions for Oak Root Fungus by allowing the fungus to breed all
year. Further more, both deciduous oak trees and evergreen trees
do most of their growth in the spring and naturally go dormant in
the summer. As a result, extra watering only encourages new tip
growth which is subject to mildew. During the summer period oak
trees need to rest.
Dry summers and winter rain is, for the most part, the seasonal
weather pattern for this region. Oak trees are naturally drought
tolerant and adapted to this region's weather pattern. Trees that
are healthy and thriving do not require additional watering. The
only time supplemental watering may be required (but with caution)
is when the natural source of surface or underground water has been
altered. This supplemental watering should occur only when the
tree would normally receive moisture -- if the rains are late or if
in the spring the rainfall is below normal levels.
STARING
The main reasons for staking a tree are for structural support,
training, post -restoration period, and shipping otherwise a tree
should not need to be staked.
When purchasing a tree, be certain it can stand alone without the
aid of a stake. The problem with a stake or cable is they are not
periodically inspected and as a result can cause damage to a tree.
When it is necessary to use a stake or cable, make sure the tree
has no growth restrictions and necessary adjustments can be made to
accommodate the growth of the tree.
Revised 149-91
2
IRRIGATION
Watering is the most complex element concerning the care and
maintenance of trees and is the cause of most problems. There is
no prescribed method or standard answer. There is a "common sense"
approach to watering.
Moist is enough. Soil which is in the root zone should be moist
and have.good drainage. " Moist" is what the ground looks like and
feels like the next day or so after irrigation or rain. Mature
trees should have moisture eighteen inches (1811) to thirty-six
inches (3611) in depth and outward toward the dripline. In a small
area, use your index finger as a guide to probe the soil to check
for moisture. In a larger area and for mature trees a soil probe
is essential in determining the level of moisture in the soil.
Remember that newly planted trees are more susceptible to stress
from lack of water. Keep a log on frequency of watering and the
quantity of water.
GRADING/CONSTRUCTION GUIDELINES
The area in and around an existing tree is very sensitive. Minor
activity in this area can be disruptive to an existing tree because
a majority of the root systems are shallow and occupy the upper
eighteen (1811) inches of the soil. Park all vehicles in a
designated parking area. Storing materials and parking
construction vehicles within the protection zone can cause damage
to the roots leading to the loss of the tree itself. .
Cooperate with the instructions of the arborist during grading and
construction. Observe the protective barriers and the limits of
grading near all trees on the site. Report any damage to any tree
as soon as possible.
Do not remove or alter a barrier or tag which is used to designate
the tree and its protection zone. If it becomes necessary to do
the fore mentioned, seek the advice of a certified arborist.
Do not dispose of any oil, hydraulic fluid, filters, chemicals,
pesticides, fertilizers, foreign substances or trash anywhere on
the property except in designated areas and in designated
receptacles by the City.
Revised 10.9-91 3
NUTRIENTS
For trees that are healthy, the only element generally required is
Nitrogen because it will leach out of the root zone rapidly. All
other necessary elements are found in the soil in generous amounts.
when using Nitrogen, follow the instruction on the container or
consult a certified arborist. Generally, Nitrogen can be applied
in the spring and throughout the summer. Discontinue feeding
during the winter.
If an area is left natural, there will be sufficient organic
materials available for trees. As a result, supplemental feeding
will not be necessary. Younger trees and trees under attack by
boring beetles will require additional nitrogen to encourage
growth.
PEST CONTROL
There are generally two categories for the control of injurious
pests. The first category is preventive care. The second category
is identification and treatment.
Preventive treatment is the best form of keeping trees pest free
and healthy. observation of existing conditions and surrounding
landscaping will supply the best clues which may be linked to a
tree's decline. Periodically, photograph the trees and the
surrounding area. This will provide a record of foliage color,
density, size, and any other signs of distress that my escape your
attention. Also check for sap bleeding. If any of these
conditions are evident, consult a certified arborist.
DIAGNOSIS
Using the correct tools is important for a successful diagnosis.
These tools should consist of a soil probe, 14x hand lens, hand
trowel, and a stout knife for prying off pieces of bark.
Approximately eighty percent (80%) of all problems are cultural in
origin. Disease and insects are secondary and rarely reach the
level of irreversible when a tree is in a healthy condition.
Listed below are basic steps to follow when examining a tree.
1. Basal Area: Examine the crown and roots at and
below the soil line. This area is where insects
and disease begin to do their damage. Remove the
soil adjacent to the trunk and inspect the small
roots and bark. The roots should be pliable and
the bark should be firm, without cracks, and firmly
attached to the trunk. Brittle, dead, and dark
Rwised 10.9-91
4
stained roots and/or loosely attached bark can
indicated a fungal infection or desiccation due to
a lack of water.
2. LOWER TRUNK: This area should be uniform in width
and free from distortion. Check for the following:
a. Irregular Growth: Tumors and callusing
over due to nails, wires, bolts, etc.
b. Cracking: Due to drought, stress, mech-
anical injury, excessive foot damage
C. Exudation: Injection holes, bacterial
disease
d. Roughened Bark: Psoriasis, bark borers
e. Holes: Injections, bark beetles, wood-
peckers
f. Discoloration: Pesticides, sunburn
3. MAIN SCAFFOLD: This area includes the crotches
which is where the larger limbs join the trunk and
upwards to where the smaller branches begin.
Previously mentioned signs of decline which applied
to the trunk also are applicable to the Main
Scaffold. In addition, bird damage, insects, and
poor pruning cuts with exposed heartwood in this
area of the tree will contribute to decline.
4. SMALLER BRANCHES: In this area, damage can be
attributed mainly to insects feeding on the outer
foliage, pit scales, and loss of roots. Smaller
dead branches encountered in the interior of a
tree, are a result of shade and limited light.
5. FOLIAGE: This location is where most insects are
found. The leaf is an excellent food source and
offers protection. In most cases, a healthy tree
can support these insects without any problem.
PRESERVATION
The most important aspect of tree preservation is compiling the
initial data by a qualified person and making the recommendations
that ultimately will determine the disposition of a tree and its
continued survival. Since this aspect of tree preservation is so
important, a certified arborist should be the person chosen.
When choosing a certified arborist, (certified by WCISA) experience
is of vital importance and mandatory for making the proper
recommendations. The certified arborist should provide
documentation for at least three (3) years of field experience
which should include where, when, what kind, and how much. This
experience should be in relationship to the types of tree being
considered and in the local considered. Almost all the experience
should be directly related to the assignment the arborist is
applying for.
Revised 10.9-91 5
TREE RELOCATION CRITERIA
The following guidelines are general in nature. Each project may
have factors which will require special attention or additions to
the following guidelines.
1. Contract with a company which has five (5) years
experience in the relocation of trees.
2. Approximate time schedules for the operation of
tree relocation should be available prior to
approval of the physical relocation. At periodic
intervals, a progress report should be furnished to
the City Planning Department for the monitoring of
the tree relocation.
3. Trees which are to be relocated should be
inventoried. In the inventory, the following
information should be provided: photographs,
circumference of the trunk, height, canopy size,
condition, location, inventory number, and resource
value.
4. Plants and other resources are critical to the
immediate environment of the tree to be moved.
They should be photographed and cataloged. These
plants and other resources should be moved with the
tree and placed so as to recreate the natural
environment.
5. When pruning a tree, no apparatus or equipment
should be used which would wound the tree. All
pruning equipment to be used should be in good
working order, clean, and free of transmittable
disease. Compensatory pruning for root loss should
not significantly reduce the canopy size and tree
height. Black sealer or other sealing compounds
should not be used to seal pruning cuts if they
inhibit regrowth or callousing. The existing tree
shape and form should be maintained whenever
possible.
6. When trenching and digging out the tree, equipment
used should not be allowed to compact the area in
and around the tree. It is critical that the
trunk, and limbs are protected from mechanical
damage during the relocation process.
7. The size of the container for the tree to be
relocated should be in direct proportion to the
size of the trunk and root mass. Roots should not
be sealed. The tree must be boxed the same day it
is excavated.
S. Prior to relocation of any tree, the haul route
should be in placed.
9. The topography, soil types, associated plants,
along with ecological and environmental factors at
the relocation site should be checked in
Revised 10.9-91
6
advance, especially since these factors effect the
survival and welfare of a tree. Water and other
elements needed for the maintenance of the tree
should be available and accessible. The are where
the tree is relocated should be fenced and
protected from encroachment by traffic and/or
equipment.
10. Maintenance period should be for three (3) years
after the last tree (if there are more than one
tree) is moved or until the development in the area
is completed. Monthly reports listing the
condition of the tree (or trees) are to be
furnished to the City Planning Department.
TREE PROTECTION BEFORE AND AFTER RELOCATION
Before grading or any kind of disturbance, a tree must be protected
by fencing. This fencing should be of chain link with steel stakes
for support. Fencing should extend beyond the dripline, be taut,
and have a gate.
Transplanted trees and perimeter trees will be treated as directed
by a qualified consulting arborist. During construction or
development, other protective measures will need to be taken to
ensure against adverse impacts to the tree(s). These protective
measures are as follows:
1. Dust accumulated on trees from grading and other
operations shall be removed by rinsing.
2. Parking, movement of vehicles or equipment, unauthorized
personal, placement of construction materials or waste
will be prohibited within fifty feet (501) of the canopy
edge of any tree.
3. Irrigation lines are to be installed at storage,
relocation, and preservation sites as well as any other
sites recommended by the consulting arborist prior to
grading operations.
4. No water containing chemicals or other materials derived
from development activity will be allowed to runoff into
protected areas or within one hundred feet (1001) of the
protected areas.
5. Landscaping, irrigation installation, or any other
activity that could possible affect the trees must be
reviewed and approved by the consulting certified
arborist prior to any such work.
PRUNING
When should a tree be pruned? To help answer that question, the
reason why a tree should be pruned needs to be considered. some of
Revised 10.9-91
the reasons why a tree should be pruned are raising the lower
branches for clearance, compensatory pruning for root loss,
thinning for visibility, removal of dead or dying limbs, training
for functional reasons, and "opening up" for winds in certain
areas.
There is no such thing as "regular" pruning. Trees do not require
pruning to continue their life function. With this in mind, trees
should not be pruned unless there is a definite reason.
Sometimes significant damage of a tree can be done by unnecessary
pruning. Pruning the lower branches, severe topping, uneven
removal and significant foliage reduction can lead to a tree's
decline. The lower branches help to retain ground moisture,
decrease radiation damage to the base of a tree, and protect the
basal areas from injury. The removal of large amounts of foliage
can expose the bark to attack by bark borers.
Since what is cut off a tree can not be put back, it is recommended
that a competent arborist be consulted prior to pruning. Be sure
the tree person or company who will be pruning your tree can
provide you the necessary proof of insurance to cover the damage
that may occur. Have them write down exactly what they intend to
do to the tree. Also when the job is completed have them remove
all debris off site.
Today, trees are recognized for their tremendous value to our
communities. Trees add beauty to our landscape, add value to our
home, protect our wild life, and add to our well being. With the
high cost of purchasing and growing of trees, it is obvious that
the very best care should be given to them.
Trees must be recognized as a significant resource. They must be
treated and protected as such with the assistance of a competent
arborist in the decision making concerning their care and
protection. The small investment required to obtain the services
of a professional is well worth the money.
Revised 1a9-91
8
- e'7 -035-U1
PART 16 - CHAPTER 22.56
OAK TREE PERMITS
22.56.2050 ESTABLISHED - PURPOSE. The oak tree permit is
established (a) to recognize oak trees as significant historical,
aesthetic and valuable ecological resources, and as one of the most
picturesque trees in Los Angeles County, lending beauty and charm
to the natural and man-made landscape, enhancing the value of
property, and the character of the communities in which they exist;
and (b) to create favorable conditions for the preservation and
propagation of this unique, threatened plant heritage,, particularly
those trees classified as "heritage oak" trees, for the benefit of
current and future residents of Los Angeles County. It is the
intent of the oak tree permit to maintain and enhance the general
health, safety and welfare by assisting in counteracting air
pollution and in minimizing soil erosion and other related environ-
mental damage. The oak tree permit is also intended to preserve and
enhance property values by conserving and adding to the distinctive
and unique aesthetic character of many areas of Los Angeles County,
in which oak trees are indigenous. The stated objective of the
Oak Tree Permit is to preserve and maintain as many healthy Oak
trees in the development process.
22.56.2060 DAMAGING OR REMOVING OAK TREES PROHIBITED
PERMIT REQUIREMENTS. A. Except as otherwise provided in Section
22.56.2070,a person shall not cut, destroy, remove, relocate,
otherwise inflict damage or encroach into a protected zone of
any tree of the oak genus which is (a) 25 inches or more in
circumference (eight inches in diameter) as measured four and
one-half feet above mean natural grade; in the case of an oak with
more than one trunk, whose combined circumference of any two
trunks is at least 38 inches (12 inches in diameter) as measured
four and one-half feet above mean natural grade, on any lot or
parcel of land within the unincorporated area of Los Angeles
County,' or (b) any tree that has been provided as a replacement
tree, pursuant to Section 22.56.2180, on any lot or parcel of
land within the unincorporated area of Los Angeles County,
unless an oak tree permit is first obtained as provided by this
part 16.
B. "Damage," as used in this Part 16, includes any act causing
or tending to cause injury to the root system or otherparts of toxic
tree, including, but not limited to, burning, app
lication ofsubstances, operation of equipment or machinery, or by paving,
changing the natural grade, trenching or excavating within the
protected zone of an oak tree.
C. "Protected zone it, as used in this Part 16, shall mean that
area within the dripline of an oak tree and extending therefrom to
a point at least 5 feet outside from the dripline, or 15 feet from
the trunk of a tree, whichever distance is greater.
87-035-02
11/15/88
r. f
f
22.56.2070 EXEMPTIONS FROM PART 16 APPLICABILITY. The provi-
sions of this Part 16 shall not apply to:
A. Any permit, variance or tentative map for a subdivision,
including a minor land division, approved prior to the effective
date (8/20/82) of this Part 16 by the Board of Supervisors,
Regional Planning Commission or the Planning Director;
B. Cases of emergency caused by an oak tree being in -a
hazardous or dangerous condition, or being irretrievably damaged
or destroyed through flood, fire, wind or lightning, as determined
after visual 'inspection by a licensed forester with the Department
of Forester and Fire Warden.
C , ergency or routine maintenance by a public utility
necessary to protect or maintain an electric power or communication
line or other property of a public utility;
D. Routine maintenance, limited to medium pruning of branches
not to exceed one inch in diameter in acordance with guidelines
published by the National Arborists Association, intended to insure
the continued health of a protected tree;
E. Trees planted, grown and/or held for sale by a licensed
nursery;
F. Repair and maintenance of existing parkways and streets
and/or other public facilities.
22.56.2080 APPLICATION - FILING - REPEATED FILINGS. Any
person desiring an oak tree permit, as provided for in this Title
22, may file an application with the Director, except that no
application shall be filed or accepted if final action has been
taken within one year prior thereto by the Hearing Officer or the
Director or the Commission on an application requesting the same
or substantially the same permit.
I
22.56.2090 APPLICATION — INFORMATION AND DOCUMENTS REQUIRED.
An application for an oak tree permit shall include the following
information and documents:
A. The name and address of the applicant and of all persons
owning any or all of the property proposed to be used;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has written permission of the owner or owners to make
such application;
t�
e7-035-02
11/15/86
C. Location of subject property (address or vicinity);
D. Legal description of the property involved;
E. 1. A site plan drawn to a scale satisfactory to, and in the
number of copies prescribed by the Director, indicating the location
and dimension of all of the following existing and proposed features
on the subject property:
a. Lot lines.
b. Streets, highways, access and other major public or
private easements.
c. Buildings and/or structures, delineating roof and
other projects.
d. Yards.
e. Walls and fences.
f. Parking and other paved areas.
g. Proposed areas to be landscaped and/or irrigated.
h. Proposed construction, excavation, grading and/or
landfill. Where a change in grade is proposed, the change in grade
within the protected zone of each plotted tree shall be specified.
i. The location of all oak trees, subject to this Part
16 proposed to be removed, and/or relocated, or within 200 feet
of proposed construction, grading, landfill or other activity. Each
tree shall be assigned an identification number on the plan, and a
corresponding permanent identifying tag shall be affixed to the north
side of each tree. These identifications shall be utilized in the
oak tree report and for physical identification on the property where
required. The protected zone shall be shown for each plotted tree.
j. Location and size of all proposed replacement trees.
k. Proposed and existing land uses.
1. Location of all surface drainage systems.
m. Other development features which the Director deems
necessary to process the application.
2. Where a concurrent application for a permit, variance,
zone change, tentative map for a subdivision, including a minor
land division or other approval, is filed providing the information
required by this Subsection E, the Director may waive such site
plan where he deems it unnecessary to process the application;
-3-
87-035-02
11/15/88
F. 1. An oak tree report, prepared by an individual with
expertise acceptable to the Director and County Forester and Fire
Warden, and certified to be true and correct, which is acceptable
to the Director and County Forester and Fire Warden, of each tree
shown on the site plan required by Subsection E of this section,
which shall contain the following information:
a. The name, address and telephone number during
business hours of the preparer,
b. Evaluation of the physical structure of each tree as
follows:
i. The circumference and diameter of the -trunk,
measured four and one-half feet above natural grade,
ii. The diameter of the tree's canopy, plus 5 feet,
establishing the dripline protected zone,
iii. Aesthetic assessment of the tree, considering
factors such as but not limited to symmetry, broken branches,
unbalanced crown, excessive horizontal branching,
iv. Recommendations to remedy structural problems where
required,
c. Evaluation of the health of each tree as follows:
i. Evidence of disease, such as slime flux, heart rot,
crown rot, armillaria root fungus, exfoliation, leaf scorch and
exudations,
ii. Identification of insect pests, such as galls, twig
girdler, borers, termites, pit scale and plant parasites,
iii. Evaluation of vigor, such as new tip growth, leaf
color, abnormal bark, deadwood and thinning of crown,
iv. Health rating based on the archetype tree of the .
same species,
v. Recommendations to improve tree health, such as
insect or disease control, pruning and fertilization,
d. Evaluation of the applicant's proposal as it impacts
each tree shown on the site plan, including suggested mitigating
and/or future maintenance measures where required and the antici-
pated effectiveness thereof.
e. Identification of those trees shown on the site plan
which may be classified as heritage oak trees. Heritage oak trees
are either of the following: any oak tree measuring thirty-six
inches or more in diameter, measured four and one-half feet above
the natural grade; any oak tree having significant historical or
cultural importance to the community, notwithstanding that the
tree diameter is less than 36 inches;
-4-
8`/-u3b-U2
'11/16/88
f. Identification of any oak tree officially identified
by a county resource conservation district.
2. The requirement for an oak tree report may be waived by
the Director where a single tree is proposed for removal, in con-
junction with the use of a single-family residence listed as a
permitted use in the zone, and/or such information is deemed
unnecessary for processing the application.
G. The applicant shall provide an oak tree information manual
prepared by and available from the Forester and Fire Warden to the
purchasers and any homeowners' association.
22.56.2100 APPLICATION - BURDEN OF PROOF. A. In
addition to the information required in the application by Section
22.56.2090, the applicant shall substantiate to the satisfaction
of the Director the following facts:
.1. That the proposed construction or proposed use will be
accomplished without endanering the health of the remaining trees
subject to this Part 16, if any on the subject property; and
2. That the removal or relocation of the oak tree(s)
proposed will not result in soil erosion through the diversion or
increased flow of surface waters which cannot be satisfactorily
mitigated; and
3. That in addition to the above facts, at least one of
the following findings apply;
a. That the removal or relocation of the Oak trees(s)
proposed is necessary as continued existence at present location(s)
frustrates the planned improvement or proposed use of the subject
property to such an extent that:
i. Alternative development plans cannot achieve the
same permitted density or that the cost of such alternative would
be prohibitive, or
ii. Placement of such tree(s) precludes the reason-
able and efficient use of such property for a use otherwise
authorized, or
b. That the oak tree(s) proposed for removal or re-
location interferes with utility services or streets and high-
ways, either within or outside of the subject property, and no
reasonable alternative to such interference exists other than
removal of the tree(s), or
C. That the condition of the oak tree(s) proposed
for removal with reference to seriously debilitating disease
or danger of falling is such that it cannot be remedied through
reasonable preservation procedures and practices.
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87-035-UZ
11/16/88
22.56.2140 REVIEW OF OAK TREE REPORT BY COUNTY FORESTER AND
FIRE WARDEN. A. On receipt of an application for an oak tree
permit, the Director shall refer a copy of the applicant's oak
tree report as required by Section 22.56.2090 to the County
Forester and Fire Warden. The County Forester and Fire Warden
shall review said report for the accuracy of statements and, shall
make inspections on the project site. Such inspections shall
determine the health of all such trees on the project site and such
other factors as may be necessary and proper to complete his review,
a copy of which shall be submitted in writing to the Director and/or
Commission within 15 days after receipt from the Director.
B. The County Forester and Fire Warden may at his option also
suggest conditions for use by the Hearing Officer or the Director
or Commission pursuant to Section 22.56.2180.
22.56.2150 APPLICATION - HEARING OFFICER OR THE COMMISSION
CONSIDERATION WHEN CONCURRENTLY FILED. When an application for a
permit,_ variance, zone change or tentative map for a subdivision,
including a minor land division, is concurrently filed with an
application for an oak tree permit as provided by this Title 22,
the Hearing Officer or the Commission shall consider and approve
such application for a oak tree permit concurrently with such other
approvals. The Hearing Officer or the Commission, in making its
findings, shall consider each case individually as if separately
filed.
22.56.2160 APPLICATION - PUBLIC HEARING REQUIRED WHEN.
Where no concurrent consideration is conducted by the Hearing
Officer or the Commission pursuant to section 22.56.2150, the
Director shall conduct a public hearing subject to the notice
requirements of Subsection B of Section 22.56.2130; provided,
however, that no hearing shall be required for a filing in conjunc-
tion with the use of a single-family residence when publishing is
not required by said Subsection C of Section 22.56.2130.
22.56.2170 APPLICATION - GRANT OR DENIAL CONDITIONS. The
Hearing Officer or the Director or Commission shall approve an
application for an oak tree permit where the information submitted
by the applicant and/or brought to their attention during public
hearing, including the report of the County Forester and Fire
Warden, substantiates that the burden of proof set forth in Section
22.56.2100 has been met. The Hearing Officer or the Director or
Commission shall deny such application where the information
submitted fails to substantiate such findings.
22.56.2180 ADDITIONAL CONDITIONS IMPOSED WHEN. The Hearing
Officer, the Director or Commission, in approving an application
for an oak tree permit, shall impose such conditions as are
deemed necessary to insure that the permit will be in accordwith
the findings required by Section 22.56.2100. These conditions
may involve, but are not necessarily limited to, the following:
-7-
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1,1/16/86�
A. The replacement of oak trees proposed for removal or
relocation with trees of a suitable type, size, number, location
and date of planting. In determining whether replacement should
be required, the Hearing Officer or the Director or Commission
shall consider but is not limited to the following factors:
1. The vegetative character of the surrounding area.
2. The number of oak trees subject to this Part 16 which
are proposed to be removed in relation to the number of such trees
currently existing on the subject property.
3. The anticipated effectiveness of the replacement of oak
trees, as determined by the oak tree report submitted by the
applicant and evaluated by the County Forester and Fire Warden.
4. The development plan submitted by the applicant for the
proposed construction or the proposed use of the subject property,
5. The relocation of trees approved for removal shall not be
deemed a mitigating factor in determining the need for replacement
trees.
6. a. Required replacement trees shall consist exclusively
of indigenous oak trees and shall be in the ratio of at least two (2)
to one. Each replacement tree shall be at least 15 -gallon in size or
larger, specimen in size, and measure at least one inch in diameter
one foot above the base. The Director or Commission may, in lieu of
this requirement, require the substitution of one 36" size boxed con-
tainer or larger boxed container specimen for each oak tree to be
replaced, where, in its opinion, conditions warrant such greater
substitution.
b. Replacement trees shall be properly cared for and
maintained for a period of two (2) years and replaced by the
applicant or permittee if mortality occurs within that period.
c. Where feasiable replacement trees should consist
exclusively of indigenous oak trees and certified as being grown
from a seed source collected in Los Angeles or Ventura Counties.
d. Replacement trees shall be planted and maintained
on the subject property and, if feasible, in the same general
area where the trees were removed. The process of replacement
of oak trees shall be supervised in the field by a person who,
in the opinion of the County Forester and Fire Warden, has
expertisein the planting, care and maintenance of oak trees.
B. A plan for protecting oak trees on the subject property
during and after development, such as, but not limited to, the
following requirements:
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ORDINANCE NO. 810
AN ORDINANCE OF THE CITY COCNC:L OF THE CITY OF LA•VE,
RNE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING CHA?TER
18.78 AND SECTION 18.16.100 OF THE LA VERNE MUNICIPAL CODE
REGARDING THE PRESERVATION, PROTECTION AND REMOVAL OF TREES
Section 1. Chapter 18.78 of the La Verne Municipa_
Code is HEREBY AMENDED to read as follows;
Chapter 18.78
PRESERVATION, PROTECTION, AND REMOVAL OF T'2EES
Section 18.78.010 Purpose. The purpose of this
Chapter is to protect certain trees in order to
preserve cultural heritage, maintain and enhance t:.e
scenic beauty of the City, improve air quality,
abate sail and slope erosion, preserve and enhance
property values and thereby promote public health,
safety, and welfare by:
A. identifying significant and heritage trees and
establishing procedures to encourage their
conservation;
a. including consideration of existing trees and
their protection in the review and implementa-
tion of development proposals;
C requiring permits for the removal of signifi-
cant and heritage trees except in emergencies;
and
D. requiring replacement plantings when signifi-
cant and heritage trees are removed.
Section 18.78.020 Definitions. As used in this
Chapter:
A. "Caliper" shall mean the maximum cross-
sectional width of the trunk of a tree measured
at four feet above the natural grade. In the
case of multi -trunked trees, "caliper" shall
mean the sum of the calipers of each individual
trunk measured at four feet above grade, pro-
vided that if the caliper of at least one trunk
of the multi -trunk tree is not at least four
(4) inches, the tree shall be regarded as
having no Caliper for purposes of this
Chapter. The Community Development Director or
his designated landscape architectural consult-
ant may specify the manner in which such mea-
surement shall be made..
B. "Decision maker" shall mean the Community
Development Director or his designee on
applications to remove fewer than five (5)
significant or heritage trees. "Decision maker
shall mean the Development Review Committee on
applications for removal of five (5) or more
significant or heritage trees.
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ORDINANCE NO. 810
AN ORDINANCE OF THE CITY COCNC:L OF THE CITY OF LA•VE,
RNE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING CHA?TER
18.78 AND SECTION 18.16.100 OF THE LA VERNE MUNICIPAL CODE
REGARDING THE PRESERVATION, PROTECTION AND REMOVAL OF TREES
Section 1. Chapter 18.78 of the La Verne Municipa_
Code is HEREBY AMENDED to read as follows;
Chapter 18.78
PRESERVATION, PROTECTION, AND REMOVAL OF T'2EES
Section 18.78.010 Purpose. The purpose of this
Chapter is to protect certain trees in order to
preserve cultural heritage, maintain and enhance t:.e
scenic beauty of the City, improve air quality,
abate sail and slope erosion, preserve and enhance
property values and thereby promote public health,
safety, and welfare by:
A. identifying significant and heritage trees and
establishing procedures to encourage their
conservation;
a. including consideration of existing trees and
their protection in the review and implementa-
tion of development proposals;
C requiring permits for the removal of signifi-
cant and heritage trees except in emergencies;
and
D. requiring replacement plantings when signifi-
cant and heritage trees are removed.
Section 18.78.020 Definitions. As used in this
Chapter:
A. "Caliper" shall mean the maximum cross-
sectional width of the trunk of a tree measured
at four feet above the natural grade. In the
case of multi -trunked trees, "caliper" shall
mean the sum of the calipers of each individual
trunk measured at four feet above grade, pro-
vided that if the caliper of at least one trunk
of the multi -trunk tree is not at least four
(4) inches, the tree shall be regarded as
having no Caliper for purposes of this
Chapter. The Community Development Director or
his designated landscape architectural consult-
ant may specify the manner in which such mea-
surement shall be made..
B. "Decision maker" shall mean the Community
Development Director or his designee on
applications to remove fewer than five (5)
significant or heritage trees. "Decision maker
shall mean the Development Review Committee on
applications for removal of five (5) or more
significant or heritage trees.
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C. "Grove" shall mean a g,rouo of at least i2 s
planted in rows for agri aural:=ductcor„epi
:nclud:ng, but not limited to, avocado, c:t s,
and olive trees.
D. "Heritage grove” shall mean any agr:c.:�t„ral
grove identified as such by city council
resolution. This resolution may be adcor_ed
upon the council's finding all of the
following;
The grove is viable-(i.e., capab`e cf
living, developing and germinating ,ade:
favorable conditions),
2. The grove is producing, and
3. The grove is of significant size, age,
historical association, or rareness to
warrant protection.
E. "Heritage tree" shall mean any tree or grcuo of
trees identified as such by city council reso-
lution upon the council finding that tie tree
or group of trees:
1• is of historical value because of its
association with a place, building,
natural feature, or event of local,
regional, or national historic signifi-
cance; or
2• is identified on any historic or cultural
resources survey as asignificant feature
of a landmark, historic site, or historic
district; or
3. is representative of a significant period
of the City's growth or development; or
4. is designated for protection or conser-
vation in a specific plan, conditional use
permit, precise plan of design or similar
development approval; or
5, is of significant size, age or rareness to
warrant protection.
F• "Multi -trunked" tree shall mean a tree with a
division of its trunk at less than four feet
above natural grade.
G. "Private property" shall mean land not owned by
a government agency,
H. "Protection" shall mean the s-;f!�guardi"g of
trees through proper maintenance, pruning,
treatment, fertilizing, feeding, and any other
necessary means.
1• "Removal" means the uprooting, cutting,
relocating or severing of the main trunk of the
tree or any act which causes, or may be
ORD NO. 810 Cwnatb
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I
reasonably expected to cause a tree to die or
to be
seriously damaged, including but not
limited to damaging the
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root system by
machinery, storage of materials, or soil
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compaction, substantially changing Che grade
above the trot
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system or trur•k, excessive
pruning, paving with concrete, asphalt,
__!
or
other impervious material in
the the vic in_ty o
tree, or in
a manner which may reasonably
be expected to kill a tree,
6
inadequate irrigation. °r exces;.ve or
J. "Safety zone" shall mean that area within the
dri°line
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of a tree and extending therefrcm
eider to a point of at least five
feet out;_de
the dripline on to a point 15 feet from
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om the
trunk, whichever distance is greater,
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K. "Significant tree" shall mean any tree located
on a parcel of private property that has a
caliper of tour
(4) inches or more and is of
the following species:
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Genus/Species Common game
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Cedrus deodara Deodar Cedar
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Cinnamomum camphor
P Camphor Tree
Quercus agrifolla Coast Live Oak
yQuercus
>
-�>s<_
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engelmanni Engelmann Oak
Platanus
a=
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racemosa- California Sycamore
Tuglans californica
o
So. Calif. Black
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Walnut
;mr�oa
Provided, x
however, that significant tree"
shall
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not include any tree located on a private
parcel of
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property of less than one acre zoned
for residential
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use. in determining the size
of the parcel, contiguous lots in
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common owner -
ship shall be treated as a single parcel.
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Section 18.78.030 Removal of Significant or
1
Heritage Trees or Heritage Groves Without Permit
Prohibited.
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Except as provided in Section 18.78.040
no person shall
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remove or cause the removal of any
significant or heritage tree -unless
a tree or
heritage grove removal permit is first obtained.
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Section 18.78.040 Exceptions to Permit Require -
25
ment. No permit shall be required for:
261
A. Emergency or routine trimming or pruning to
protect or maintain overhead public utility
lines,
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existing subsurface water,
utility lines. sewer, or
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B. Removal of damaged L
sustaina tree which
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ed an injuredtrunkrts
broken limbs,has
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actsoofnGod9 whichucreatesatohazardato
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property. lifetorr
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C. Removal pursuant t
the City landscape norearborist,oafter
architect
ORD NO. 810 Cbrracbd
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visual inspection -and scientific evaluation,
that the tree is so diseased or da -aged e:^.a--_
is no longer viable or a threat to other pro-
tected, indigenous species.
D. Removal of a significant tree(s) resulting from
the complete renovation of an existing
landscape program less than twenty (20) years
old on commercial or industrial sites. ;h_s
shall only occur upon approval of tae
Development Review Committee pursuant to
Sec Dion 18.16.100F of this Code.
Section 18.78.050 Application and Fees. prior to
the granting of a tree removal permit, an applica-
tion for removal shall be submitted to the Community
Development Department. The application shall be in
the form required by the Community Development
Department and shall be accompanied by the fee
established by the city council.
Section 18.78.060 Action on Application. Goon
determination by the director or his designee that a
Complete tree removal application has been filed,
the director or his designee shall conduct an on-
site inspection. After the inspection, the decision
maker shall approve, approve with conditions, or
deny this permit application.
Section 18.78.070 Time for Review. A permit
application not filed in connection with a
development proposal shall be approved or denied
within forty-five days after the application is
deemed complete, unless the applicant agrees to an
extension. A permit application made in connection
with a precise plan of design, conditional use
permit, variance, zone change, parcel map, or tenta-
tive tract map shall be considered concurrently with
the other approvals.
Section 18.78.080 Findings Required for Approval.
Before granting a tree removal permit, the decision
maker shall make one or more of the following find-
ings in writing;
A. That the tree is so damaged or diseased that it
cannot be effectively preserved, or its
presence is a threat to other protected trees.
B. That the applicant has demonstrated that the
retention of the tree would pose a threat to
the health, safety, or welfare of the inhabi-
tants of the property in question.
C. That the applicant has demonstrated that rea-
sonable and. noce"ary accees to the property
cannot be obtained if the tree is preserved.
ORD NO. 810 Cormew
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D. That the applicant has demonstrated that - _ -
tion of tree prevents all reasonable use of ^-e
property on which it is located.
E. That good forestry practices, as evidenced by
the report of the City landscape architectural
consultant or actions, justify the removal of
the tree.
Section 18.78.090 Approval - Conditions. :'ree
removal permits shall include such condit'_or.s as are
appropriate to effect the purposes of this
chapter. Those conditions may include, but are nct
limited to, the following:
A. The replacement of the trees proposed for
removal with trees of a suitable size, number,
and species, as described in Section 18.78.120.
B. Implementation of a comprehensive protection
program consisting of any combination of the
following sufficient to satisfy the approving
body:
1. A calculation of the number of trees to be
protected and a list by species of the
replacement trees provided at least in the
ratios set forth in Section 18.78.120.
2. A program to monitor and protect the tree
stock from construction, irrigation
damage, incorrect pruning;
.A. -five-year minimum maintenance program
secured by a cash bond to the satisfaction
of the finance officer;
4. Development of conditions, covenants, and
restrictions, landscape easements,
assessment districts, or other tools to
protect significant ecological resources,
significant and heritage trees;
S. Standards and specifications for tree
location, replacement, and new planting,
providing for both cosmetic improvements
and the development of stands or groves
approximating natural conditions.
6. Tree protection measures as specified in
this chapter.
C. The retention of a qualified arborist to super-
vise all pruning, relocation and trimming of
signi-ficant,or heritage tree,!.
D. If the original mulch around the tree has been
disturbed, the tree shall be protected through
the use of an approved header around the drip -
line and with a natural organic mulch fill
(walnut shells, bark, woodchips) inside the
dripline.
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- Section 18.78.:00 Denial for Lack of Informatic.:.
r
The decision maker may deny without fu:the: actio-
_
2
any application Eor a removal permit if such
-
3
application does not contain the pertinent, City
required information. However,
1
the decision make:
may allow the applicant to amend the apoilcat:on
4
order to complete processing.
-
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Section 18.78.110 Tree Evaluation. As part of any
develooment application, the Community Develoomeno
6
Director may require that the applicant submit a
7
tree report which shall include,
regarding genus and/or specEas a minimum, da_a
es , age, size (iaci•_d:n^
canopy, caliper, trunk, and height), relative y
8
^ealth, and any preservation proposals for all
9
protected trees on the site. The tree report sh__:
be prepared by a licensed
landscape architect or a
certified arborist approved by the City.
10
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Section 18.78.120 Replacement Required. Unless the
Development Review Committee determines that
12
replacement is inappropriate in view of the goals o
this Chapter, significant and heritage trees removed
13
shall be replaced with a species designated by the
-
Community Development Director or his designee
_
according to the following schedule:
14
"- 4 ao'>�
15
Caliper -
Width of Tree Number Replace
y
Minimum
Removed: Removed: With: Size:
q ry a i f$ 0
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4N�Wy
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10" and under 1 4
24' box
,co
10-14" 1 4 36" box
ima'.o
'm.=0W
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15-29" l
30" + 4 48" box
w
1 4 60" box
M "
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Section 18.78.130 Tree Relocation. Where a sig-
20
nificant or heritage tree is to be relocated on -
the
:site owner or applicant sha11 submit a letter
21
from qualified arborist professional describing
the relocation method to be used for all trees
_F{
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slated for relocation, and shall provide the City
with a five year survival guarantee. Should the
1
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trees) not survive the five year period, replace -
went shall occur in accordance with Section
18.78.120.
24
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.Section 18.78.140 Required Protective Measures.
j
The following
g protective measures are hereby
26
established to further preserve trees protected by
'
this chapter during development or redevelopment
activity:
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A. No grading construction, or construction
related activities shall occur within. the
29
safety zone of a heritage tree or a significant
tree as defined by this chapter, including but
30
not limited to, storage of materials, grade
changes, or attachment of wires to or around
31
tree trunks, stems, or limbs.
32�
B.No structure or impervious paving shall be
i
located within the safety zone or within a six
I�
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(6) foot radius of the trunk perimeter, wh_c'-
2
ever is greater, of any he:_,age tree o: sig-__
roar tree. A tree with
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a calices cE 30
;nches or more shall require addtcioaa! space
3
as determined by the City landscape a:cn:tec-
tural consultant or parks director.
4
C. Heritage trees and significant trees st.a:1, be
5
shielded from damage during construction by
chain link and steel
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stake fence enc' lsing t;^e
entice safety zone area. All exposed -roots
-
shall be inside the fence or barrier, which
7
shall have a minimum height of :cur (4) feet
measured from grade. In all cases where a
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8
fence or barrier is to be used around a pro-
tected tree, the fence
9
or barrier shall be
installed prior to commencement of any develop-
ment on the site and shall remain in place
10
throughout the construction period.
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D.Branches that could be injured by vehicles or
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that interfere with construction shall be
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pruned to the satisfaction of the City land-
scape architectural consultant or designee.
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Section 18.78.150 Application Contents, Pursuant.
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to the provisions of Chapter 18.16 and this chapter
the Community Development
15
Director may, before
accepting an application for a tree
removal permit
or development review as complete, require the
16 ;i
following:
A. A
171)
comprehensive survey of all trees subject to
this
18
chapter, including but not limited to
species, number, height, size,
age, caliper,
condition, historic significance, and loca-
19
tion. Said plan shall include both tables and
a site plan at a scale determined by the City
20
landscape architectural consultant. Said plan
1
shall further tabulate the number of trees to
21
be removed and contain a written justification
for removal.
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B. Any other items required by the Community
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Development Director or his designee appearing
on the application checklist.
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Section 18.78.160 Appeals. Any interested party
may appeal any determination of the Community
26
Development Director or his designee made under this
chapter to the Planning Commission by filing a
27
written notice of appeal with the Community Develop -
{
ment Director within ten (10) days of the issuance
the
of notice of determination.
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Upon receipt of a timely appeal from a decision of
the
Community Development Director or his designee,
the
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Community Development Department shall set a
hearing on the
matter before the Planning Commis-
sion. Not less than five
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(5) days prior to the
hearing date, notice of time, date,
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hearing and place of
to the
andto apropertylowners
I
residiiailed
the
nglwithinlnt,a3001feet
I
CoReeted
- - -
! ORD NO.
810
of property in question. After the hearing on an
I appeal, the commission may ceverse, off irm, or
modify the decision of the Community Development
2 Director.
3 Section 18.78.170 Penalties. each and every
violation of this chapter shall be a misdemeanor,
4 punishable by a fine of not more than one thousand
dollars or imprisonment for not more than six
5 months, or both. A person shall be guilty of a
separate offense for each and every significant and
6 heritage tree illegally damaged or removed.
7 Section 2 Section 18.16.080 of the Ga Verne
a
cipal Code is HEREBY AMENDED to read as follows:
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E. As part of its approval of a complete
renovation of an existing landscape program
less than twenty (20) years old on commercial
or industrial sites, the Development Review
Committee may allow the removal of significant
trees, as defined in Section 18.78.020, without
compliance with the requirements of Chapter
18.78. Nothing in this section shall be
construed to allow the removal of heritage
trees, as defined in Section 18.78.020, without
compliance with Chapter 18.78.
Section 3- Severability. If any provision,
section, sentence, clause, or phrase of this ordinance, or
the e to
stanceslisafornof the any reasonmheld to berson or set of unconstitutional,
or invalid, the validity of the remaining portion of this
ordinance shall not be affected thereby. The City Council
hereby declares that it would have passed this ordinance, and
each section, subsection, sentence, clause and phrase hereof,
irrespective of the fact that one or more of the sections,
subsections, sentences, clauses or phrases hereof be declared
invalid or unconstitutional.
Section 4 The Mayor shall sign and the City Clerk
shall certify to the passage of this ordinance and shall
cause it to be published and posted pursuant to the provi-
ORD N0. 810 ppMedb
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Bions of law in that regard, and this ordinance shall take
effect 30 days after its final passage.
APPROVED AND ADOPTED THIS 11=th day of Se:te:ber, 139,.
/s/ JON BLICKENSTAFF
Mayor o the City of La Vera.
ATTEST:
/s/ N. KATHLEEN HAMM
City Clerk
ORD N0. 810 C~0d
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF LA VERNE )
I, N. KATHLEEN HARM, City Clerk of the City
of La Verne, California, do hereby certify that the
foregoing Ordinance N0.810 was introduced at a
regular meeting of the City Council of said City
duly held on 4th day of September, 1990, and was
thereafter, at a regular meeting of said Council
duly held on the 17th day of September, 1990,
duly passed and adopted by the said City Council and
thereupon duly signed by the Mayor of said City,
attested by the City Clerk of said City, and passed
and adopted by the following voter
AYES: COUNCILMEN: Rodriguez, Gatti, Walters,
and Mayor Blickenstaff
NOES: COUNCILMEN: None,
ABSENT: COUNCILMEN: Harvey.
ABSTAIN: COUNCILMEN: None.
DATE: September 18, 1990
(Seal)
N. KATHLEEN HAMM, CMC
CITY CLERK of the
CITY OF LA VyERNE
By Lupe Estrella
Deputy City Clerk
ORDINANCE NO. 936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF<SAN:-MARINO_,'P`
CALIFORNIA AMENDING THE CITY CODE BY ADDING SECTION 23.9-4
AND SECTION 23.30 TO CHAPTER 23 OF THE CITY CODE AS IT
PERTAINS TO REGULATING THE REMOVAL OF TREES FROM R-1 AND C-1
USE ZONES.
WHEREAS, mature trees are an aesthetic asset to the
community as a whole; and
WHEREAS, mature trees help in energy conservation; and
WHEREAS, uncontrolled and indiscriminate destruction of trees
would have a detrimental effect on the -general public welfare by
impacting the value and character of the community; and
WHEREAS, for the reasons stated herein, the City Council
finds that it is in the interest of the City to adopt Ordinance
No. 936 implementing regulations for the removal of trees in the
City.
THE C=TY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new Section 23.9-4 is hereby added to Chapter 23
of the City Code to read as follows:
SEC. 23.9-4 PRESERVATION OF TREES: R-1 USE ZONES
(a) DEFINITIONS
(1) "Mature" trees means any variety of tree that is
four inches (4") or more in diameter when measured at a
point four feet six inches (4'6") above the natural
grade.
(2)"Damage" means any action taken which causes
injury, disfigurement or death to a tree. This
includes, but is not limited to, cutting, poisoning,
drilling, underwatering or transplanting.
(3) "Deadwood" means limbs, branches or a portion of a
tree void of green leaves during a season of the year
when green leave should be present.
(4) "Class 1 Tree""refers to a tree, on a list.adopted
by the City Council containing tree species, requiring
special protection due to aesthetic value, replacement
difficulty and other similar factors.
(5) "Front, rear and side yards" shall be as defined in
Section 23.1 of Chapter 23 of the City Code.
-1-
m
(6) "Removal" means the physical removal of a tree or
actions leading to the death of a tree through
poisoning, damaging or other action.
(b) RESTRICTIONS ON TREE REMOVAL
(1) It shall be unlawful for any person to remove,
transplant, or trim or prune more than twenty percent
(20%) of the live foliage, any mature tree located in
the front yard or minimum side yard in the R-1 Use Zone
without first obtaining a permit from the city.
(2) It shall be unlawful for any person to remove,
transplant, or trim or prune more than twenty percent
(20%) of the live foliage, any mature Class 1 tree
located anywhere on a parcel in the R-1 Use Zone
without first obtaining a permit from the city.
(3) It shall be unlawful for any person to damage or
cause to be damaged any mature tree in the front yard
area, or any Class 1 tree in the side or rear yard area
of any parcel in the R-1 Use Zone.
(4) It shall be unlawful for a person to trim or prune
more than ten percent (10%) of the live foliage, an oak
tree without first obtaining a permit from the city.
(c) EXEMPTIONS
(1) No permit is.required for the removal or trimming
or pruning of a tree damaged by a storm, fire or other
natural disaster and determined to be dangerous by the
city manager, police officer, fire fighter, or code
enforcement officer.
(2) Trees that do not exceed four inches (411) in
diameter when measured at a point four feet six inches
(4' 6") above natural grade may be removed or
transplanted without a permit.
(3) Trees that must be removed by order of any public
agency having jurisdiction are exempted from the permit
requirement.
(4) Normal and.routine trimming or pruning which does
not result in damage or death to a tree, or does not
result in the loss of more than twenty percent (200) of
the live foliage and limbs, is allowed without a
permit. Removal of deadwood is allowed without a
permit.
(d) PERMIT PROCESS
(1) The city manager shall prepare an application for a
tree removal permit, which shall contain all
-2-
information necessary for the city manager, or his
designee, to determine whether the standards for
issuance of a permit have been satisfied.
(2) The city manager shall grant a permit only if he
determines:
(A) The tree constitutes a nuisance or hazard by
virtue of its condition, location, species,
proximity to existing structures, closeness to
walkways, or interference with utilities.
(B) The pruning or trimming of the tree of more
than twenty percent (20%) of its live foliage, is
necessary to maintain or enhance the health or
appearance of the tree.
(C) The relocation of the tree will not damage the
tree or will not constitute a hazard or
interference with other structures or property.
(3) The city manager, at his sole discretion, and
inconsideration of such factors as the size, location,
type of tree, number of trees on the property, and the
number and type of trees in the surrounding
neighborhood, may require as a condition of a removal
permit the replacement of the tree at the applicant's
expense. The size, location and species of replacement
tree(s) shall be determined by the city manager with
consultation of the applicant.
Nothing in this Section shall preclude the city manager
from waiving conditions for tree replacement, or from
requiring that tree replacement exceed a one-for-one
basis.
(e) PENALTIES
(1) A violation of this Section shall be an infraction
Each and every tree removed in violation of this
Section shall constitute a separate infraction.
(2) In addition to any penalties provided by subsection
(1) above, anyone who damages or removes, or causes to
damage or remove, any tree in violation of the terms of
this Chapter, is responsible for proper restitution and
may be required to replace the trees through the
donation or replanting of two or more trees of
reasonably comparable size and value. The number, size
and location of replacement trees shall be determined
by the city manager or his designee.
SECTION 2. A new Section 23.20 is hereby added to Chapter 23
of the City Code to read as follows:
-3-
SEC. 23.20 PRESERVATION OF TREES: C-1 USE ZONES
(a) No tree with a diameter in excess of four inches (4"),
when measured from a point four feet six inches (4'611) above
the tree's natural grade, shall be removed, or trimmed of
more than twenty percent (200) of its foliage and/or live
limbs, without having first obtained a permit from the.city.
(b) A violation of this Section shall be an infraction.
SECTION 3. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published in the
manner prescribed by law.
PASSED AND ADOPTED this
ATTEST:
City Clerk
9th day of December
/'C�"�J�R t �• �G�7Yr110'�1/
RGSEMARY(/h. SIMMONS, Mayor
APPROVED AS TO FORM AND LEGALITY:
STEVE L. DORSIVI,
City Attorney
�C
. 1987.
CITY OF SAN MARINO
CLASS 1. TREES
PURSUANT TO ORDINANCE NO. 935
Quercus Agrifolia
Quercus Ilex
Quercus Robua
Quercus Suber
Quercus Engelmaii
Quercus Falcata
Quercus Alba
Quercus
Cedrus Atlantica
Cedrus Deodara
Chamaerops Humilis
Erthea Armata
Erythea Edulis
Trachycarpus Fortunei
Washingtonia Robusta
Washingtonia Filifere
Canary Island
riscus <uUigi„osa
Koelreuteria Bipinnata
Lagerstroemia Indica
Liquidamber Stryaciflua
Liriodendron Tulipifera
Magnolia Grandiflora
Olea Europaea
Pordocarpus Gracilor
Pordocarpus Macrophyllus
Platanus Racemosa
California Live Oak
Holley Oak
English Oak
Cork Oak
Pasadena Oak
Red Oak Southern
White Oak
Southern Live Oak -
Virginia Oak
Clauca Blue Atlas Cedar
Deodar Cedar
European Fan Palm
Big Blue Hesper Palm.
Guadalupe Palm
Windmill Palm
Mexican Far. Palm
California Fan Palm
Phoenix Carariensis -
Date Palm
Chinese Lantern
Crape -Myrtle
Sweet Gum
Tulip Tree
Southern Magnolia
Common Olive
Fern Pine
Yew Podo Carpus
California Sycamore
19.04.070--:9.94.090
proposed grading plan. The scale must be sufficient to de-
lineate details. The submitted information shall he re-
viewed by the grading committee during pertinent re-ri.ew pro-
cess. The grading committee shall not approve a conceptual
grading plan unless it is found to conform with the poli-
cies, standards, and guidelines, established by or pursuant
to this chapter. The approved conceptual grading plan shall
provide the basis for preliminary and/or final grading plan
approval under other city regulations. (Ord. 118 56, 1980).
19.04.070 Exemptions. The community development di-
rector may waive any or all of the requirements of Section
19.04.060 if he determines that any proposed waiver will
have no significant effect upon topography, drainage, and/or
natural features. (Ord. 118 57, 1980).
19 04 080 Map and site plan approval contingent on
grading plan approval. No tentative tract map, tentative
parcel map, or s.ite plan submitted for development review
shall be approved until a conceptual grading plan has been
approved or has been waived. (Ord. 118 58, 1980).
19.04.090 Appeal. Any interested person may, within
fourteen days after a decision by the grading committee,
appeal the decision in writing to the planning commission
pursuant to appeal procedures outlined in the zoning ordi-
nance. (Ord. 118 §9, 1980).
Chapter 19.08
TREE PRESERVATION*
Sections:
19.08.010 Purpose and intent.
19.08.020 Applicability.
19.08.030 Definitions
19.08.040 Exceptions.
19.08.050 Permit --Required.
19.08.060 Permit --Application.
19.08.070 Permit --Procedures.
19.08.080 Emergency waiver.
19.08.090 Use of explosives.
19.08.100 Tree replacement policy.
19.08.110 Protection of existing trees.
*—Prior ordinance history
(Rancho Cucamon(Ja
5'86)
Ord. 37.
278
19.02.Ot0--19.S8.O30
Sections: (Continued)
19.08.120 Tree maintenance.
19.08.130 Violation --Penalty.
19.08.010 Purpose and intent. A. The eucalyptus,
palm, oak, sycamore, pine and other trees crowing within the
city are a natural aesthetic resource which help define the
character of the city. Such trees are worthy of protection
in order to preserve the scenic beauty, prevent soil ero-
sion, provide shade, wind protection, screening and counter-
act air pollution. It is pertinent to the public peace,
harmony and welfare that such trees be protected from indis-
criminate cutting or removal, especially where such trees
are associated with a proposal for development.
B. It is the intent of this chapter to establish regu-
lations for the preservation of heritage trees within the
city on private property in order to retain as many trees as
possible consistent with the purpose of this chapter and the
reasonable economic enjoyment of such property.
C. In particular, the eucalyptus windrows are a unique
inheritance whose cumulative value as a windbreak system is
a desirable resource. It is the intent of this chapter to
perpetuate a windbreak system through protection of selected
blue gum eucalyptus windrows and expansion of the system
through planting of new spotted gum eucalyptus windrows
along the established grid pattern, as development occurs.
(Ord. 286 §2(part), 1986).
19.08.020 Applicability. The provisions of this chap-
ter shall apply to all heritage trees on all private proper-
ty within the city, except as set forth in Section 19.08.040
of this chapter. Further, this chapter is not intended to
supersede the tree preservation policies of the Etiwanda
specific plan. (Ord. 286 52(part), 1986).
19.08.030 Definitions. For the purposes of this chap-
ter, unless otherwise apparent from the context, certain
words and phrases used in this chapter are defined as fol-
lows:
A. "Associated with a proposal for development" means
any land area for which an application for a specific plan,
variance, parcel map, subdivision, development/design review
or a time extension thereof, or special or conditional use
permit has been filed with and is pending consideration by
the city or has been approved but the related project or
applicable phase thereof has not been completed.
B. "Drip line" means a line which may be drawn on the
ground around a tree directly under its outermost branch
tips and which identifies that location where rainwater
tends to drip from the tree.
C. "Heritage tree" means any tree, shrub or plant
�7 q ( Fa::. ho Cucamm�l.i
5!8h)
'q,r,�.040--19.08.050
which meets at least one of the following criteria:
1. All eucalyptus windrows; or
2 All woody plants in excess of fifteen feet- in
height and having a single trunk circumference of fifteen
inches or more, as measured twenty-four inches from ground
level.; or
3. Multitrunk tree(s) having a total circumference
of thirty inches or more, as measured twenty-four inches
from ground level; or
4. A stand of trees the nature of which mares each
dependent upon the others for survival; or
5. Any other tree as may be deemed historically or
culturally significant by the city planner because of size,
condition, location, or aesthetic qualities.
D. "Historic landmark" means, for the purposes of this
chapter, any tree designated as a historic landmark by city
council pursuant to Section 2.24.100.
E. "Remove" includes any act which will cause a heri-
tage tree to die, including but not limited to, acts which
inflict damage upon root systems, bark or other parts of
tree by fire, application of toxic substances, operation of
equipment or machinery; improper watering; changing natural
grade of land by excavation of filling the drip line area
around the trunk; or by attachment of signs or artificial
material piercing the bark of the tree by means of nails,
spikes or other piercing objects.
F. "Windrow" means a row of trees, usually a variety
of eucalyptus, planted to provide a windbreak to protect
property or agricultural crops. (Ord. 286 §2(part), 1986).
19.08.040 Exceptions. The following shall be exempt
from the provisions of this chapter:
A. Trees which are fruit or nut bearing;
B. Trees planted, grown, and/or held for sale by li-
censed nurseries and/or tree farms or the removal or trans-
planting of such trees pursuant to the operation of a li-
censed nursery and/or tree farms;
C. Trees within existing or proposed public rights-
of-way where their removal or relocation is necessary to
obtain adequate line -of -sight distances as required by the
city engineer; or his or her designee;
D. Trees which, in the opinion of the city engineer,
or his or her designee, will cause damage to existing public
improvements;
E. Frees which require maintenance or removal action
fo protection of existing electrical power or commu-
nication lines or other property of a public utility. (Ord.
286 §2(part), 1986).
19.08.050 Permit --Required. A. No person, firm or
corporation shall remove, relocate or destroy any heritage
tree within the city limits, including an applicant for a
(Rancho Cucanr)ng:r 280
5/86)
19.0F".U�,I.
building permit, without first obtaining a tree removal per-
mit from the city planner.
B. No tree removal permit shall be issued for the re-
moval of any heritage tree on any lot associated with a pro-
posal for development, unless all discretionary approvals
have been obtained from the city, and unless an emergency
waiver is granted pursuant to Section 19.08.080.
C. No tree designated as a historic landmark shall be
altered, removed, relocated or destroyed by any person, fir.^.,
or corporation without first obtaining a landmark alteration
permit and tree removal permit. (Ord. 286 §2(part), 1986).
19 .08.060 Permit --Application. An 'application for a
tree removal permit shall be filed, together with any re-
quired fee as set by resolution of the city council, with
the city planner on forms provided for the purpose. The
city planner shall require a tree removal permit application
together with any application for tentative subdivision maps
or other proposals for urban development. The application
shall be submitted with a report which shall contain the
following information:
A. A statement as to reasons for removal or reloca-
tion;
B. The number, species and size (circumference as
measured twenty-four inches from ground level) and height of
tree;
C. The location of all trees on-site on a plot plan in
relation to structures and improvements (e.g., streets,
sidewalks, fences, slopes, retaining walls, etc.). If the
application is associated with a proposal for development,
the location of all trees on-site shall be plotted on a
grading plan;
D. Photographs of the trees to be removed or relocat-
ed;
E. If a tree is proposed to be relocated, the relo-
cation site shall be identified and site preparation and
relocation methods described;
F. Proposed method of removal;
G. The health of any tree declared diseased, infested,
or dying shall be verified by a written report of a qual-
ified arborist;
H. In addition, the city planner may cause to be pre-
pared, at the applicant's expense, a report by a qualified
arborist to assist in making a determination on a tree re-
moval permit application. (Ord. 286 §2(part), 1986).
�'8I (f'nncho C'ucan:or,,.::
19 .08.070
19.08.070 Permit --Procedures.
TOLE 8E` VAL PEAMIt
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19.08.070A
A. Private Property. Where an application for a tree
removal permit is filed on private property and is limited
to five trees or fifty linear feet of windrow the following
procedure is established:
1. Upon receipt of the application, the city plan-
ner or designee shall investigate the site and evaluate the
request on the basis of the following criteria:
a. The condition of the tree(s) with respect to
disease, danger of collapse of all or any portion of the
trees(s), proximity to an existing structure, or interfer-
ence with utility services,
b. The necessity to remove a tree in order to
construct improvements which allow economic enjoyment of the
property,
C. The number of trees existing in the neighbor-
hood; and the effect the removal would have on the estab-
lished character of the area and the property values,
d. Whether or not such trees are required to be
preserved by any specific plan, community plan., condition of
approval, or designated as a historic landmark;
2. Subsequent to investigation, the city planner
may approve the permit for the removal of all or some of the
trees included in the application, and may attach conditions
of compliance as deemed necessary, including but not limited
to the replacement of the removed tree(s) with reasonably
equivalent replacement trees. The city planner, or his or
her designee, may refer any request to the planning commis-
sion for a determination where it is determined the applica-
tion involves unusun'.. sit,- devo.lonment: rn�qui.rerents or
(Rancho Cucamonga 282
5/86)
19.Or:.
unique characteristics, or raises questions of policy sub-
stantially more significant than generally pertain and which
require planning commission consideration;
3. The permit shall be valid 'for a period of ninety
days, unless an extension is requested fourteen days prior
to the expiration of the permit.
B. Associated with a Proposal for Development. Where
an application for a tree removal permit is associated with
a proposal for development or is on private property and
involves greater than five trees or more than fifty linear
feet of windrow, the following procedure is established:
1. Upon receipt of the application, the city plan-
ner or designee shall investigate the site and evaluate the
application on the basis of the -following criteria:
a. The condition of the tree(s) with respect to
disease, danger of collapse of all or any portion of the
tree(s), proximity to an existing structure, or interference
with utility services;
b. The necessity to remove a tree in order to
construct improvements which allow economic enjoyment of the
property;
C. The number of trees existing in the neighbor-
hood; and the effect the removal would have on the estab-
lished character of the area and the property values;
d. Whether or not the removal of the tree(s) is
necessary to construct required improvements within the pub-
lic street right-of-way or within a flood control or utility
right-of-way;
e. Whether or not the tree could be preserved by
pruning and proper maintenance or relocation rather than
removal;
f. Whether or not such tree(s) constitute a sig-
nificant natural resource of the city; and
g. Whether or not such trees are required to be
preserved by any specific plan, community plan, condition of
approval, or designation as historic landmark.
2. The city planner shall give priority to the in-
spection of those requests based upon hazardous conditions.
3. The city planner, or his or her designee, may
refer any request to the planning commission for a deter-
mination where it is determined the application involves
unusual site development requirements or unique characteris-
tics, or raises questions of policy substantially more sig-
nificant than generally pertain and which require planning
commission consideration.
4. Where an application for a tree removal permit
is associated with a proposal for development, the city
planner shall complete his investigation and make a report
to the planning commission. The planning commission shall
review the case, and shall conduct a public hearing where
required, concurrently with the development application. In
making his determinati)n, the city planner shall gi.c
282-1 (Rancho Cuc:;a,onc:.;
,Q")
19.08.070
consideration to the commission's review and comment.
5. Permit Notification. At least ten days prior to
making a decision, the city planner or designee shall pro-
vide for public comment through notice to the property
owners adjoining the subject property that such tree removal
permit was requested and the results of the investigation.
The public hearing notification required by Section 17.02-
.110 shall include a description of the tree removal permit
request.
6. Subsequent to investigation, the city planner or
planning commission shall approve, conditionally approve or
deny the application to remove or relocate any heritage
tree(s). The city planner or planning commission may impose
conditions deemed necessary to implement the provisions of
this chapter, including, but not limited to, replacement of
the removed or cut down tree or trees with.tree(s) of spe-
cies and quantity commensurate with the aesthetic value of
the tree or trees cut down or removed; tree relocation to
another site on the property; provided, that the environ-
mental conditions of said new location are favorable to the
survival of the tree; and, provided further, that such relo-
cation is accomplished by qualified landscape architect or
qualified arborist.
C. Where the trees in question are designated as a
historic landmark, a request for a tree removal permit shall
be subject to review by the historic preservation commission
and landmark a=lteration permit procedure pursuant to Section
2.24.120. The action of the historic preservation commis-
sion shall be forwarded to the planning commission. The
following trees are designated as historic landmarks:
Victoria Avenue. 21 palm and 62 Eucalyptus street
trees facing Lots 13, 15, and 16, Block H; Tract 5754,
Block H; and Lots 1 and 2, Block J, Etiwanda Colony
Lands (Designated 3/4/81 by Ordinance No. 138).
Highland Avenue. 41 palm and 291 Eucalyptus street
trees facing Lots 13-16, Block E; and Lots 1-4, Block
H, Etiwanda Colony Lanos (Designated 4/1/81 by Ordi-
nance No. 141).
D. Appeal Procedure. Any person aggrieved by the de-
nial or approval of a tree removal permit shall be afforded
recourse of appeal in the manner described below. The fil-
ing of an appeal shall automatically suspend the permit is-
sued until action thereon is taken by the appropriate au-
thority. in hearing such an appeal., the appeal body (plan--
ning commission o,: city council) may affirm, affirm in part,
or.reverse the previous determination on the tree removal
permit.
1. Administrative Decision. Appeals based on de-
cisions by the city planner may bo filed by an aggrieved
(Kanebo Cucllmonga 2S'-3
5; 86)
19.0@.080--19.08.!V)
party with the planning commission. Except as otherwise
provided in this title, such appeal is to be filed with the
secretary of the planning commission in writing, together
with any appeal fee, within ten calendar days of the deci-
sive action. The planning commission may consider the mat-
ter and may affirm or reverse wholly or partly, the action
which is in question.
2. Planning Commission Decision. Appeal of a plan-
ning commission'decision may be made by filing a written
notice of appeal with the city clerk, together with any ap-
peal fee, within ten calendar days following the planning
commission's decision. The city council will consider the
matter and may affirm or reverse wholly or partly, the
action which is in question. _
E. Approval Period. Tree removal permits shall be
effective following the ter. -day appeal period and shall be
valid for a period of ninety days, subject to extension.
Where the tree removal permit is associated with a proposal
for development, the ninety days shall start from the date
of final map recordation or building permit, whichever comes
first. (Ord. 286 §2(part), 1986).
19.08.080 Emergency waiver. Where a tree is de-
termined by the city planner or designee to be in a danger-
ous condition requiring emergency action to preserve the
public health, safety and welfare, the permit requirement
may be waived. In the event of an emergency.,caused by a
hazardous or dangerous tree, which condition poses an imme-
diate threat to person or property, any member of the Foot-
hill fire protection district may authorize the deztruction
or removal of such tree without securing a permit therefor.
(Ord. 286 §2(part), 1986).
19.08.090 Use of explosives. All persons engaged in
felling or removing trees, and desirous of using explosives
for this purpose within the city limits, shall first obtain
approvals to use such explosives from the building division
and the Foothill fire protection district which approval
shall be noted on tpe tree removal permit prior to issuance
of same by the city planner or planning commission. In ad-
dition, the applicant shall furnish such bond or insurance
as shall be deemed necessary for the protection of surround-
ing property from any possible damage which might result
from such activity. (Ord. 286 §2(part), 1986).
1.9.08.100 Tree replacement policy. A. Where existing
eucalyptus windrows are to be removed, they shall be re-
placed with Eucalyptus maculata (spotted gum) along the es-
tablished grid pattern in fifteen -gallon size minimum spaced
at eight feet on center and properly staked, unless othe.--
wise specified by a specific plan or community plan.
B. All other her t ,c tree removal shall reauir'•
28:-3
>/80
19.08.110
replacement with the largest nursery -grown tree(s) available
as determined by the city planner or planning commission.
Heritage tree relocation to another location on the site is
the preferred alternative to replacement subject to a writ-
ten report by a landscape architect or arborist on the fea-
sibility of transplanting the tree.
C. The city planner or planning commission shall con-
dition tree removal permit for replacement of tree(s) within
a specific time period and in accordance with the replace-
ment policy established herein.
D. To assist the city planner or planning commission
in making a determination, the applicant for a tree removal
permit may be required to submit an independent appraisal
prepared by an horticulturist, arborist, or licensed land-
scape architect to determine the replacement value of the
tree(s) to be removed. Such appraisal shall be based upon
the most recent edition of the "Guide for Establishing Val-
ues of Trees and Other Plants," prepared by the Council of
Tree Landscape Appraisers. (Ord. 286 §2(part), 1986).
19.08.110 Protection of existing trees. Care shall be
exercrsed_by all individuals, developers and contractors
working near preserved trees so that no damage occurs to
such trees. All construction shall preserve and protect the
health of trees to remain, relocated trees, and new trees
planted to replace those removed in accordance with the fol-
lowing measures:
A. All trees to be saved shall be enclosed by an ap-
propriate construction barrier, such as chain link fence or
other means acceptable to the city planner, prior to the
issuance of any grading or building permit and prior to com-
mencement of work. Fences are to remain in place during all
phases of construction and may not be removed without the
written consent.of the city planner until construction is
complete; and
B. No substantial disruption or removal of the struc-
tural or absorptive roots of any tree shall be performed;
and
C. No fill material shall be placed within three feet
from the outer trunk circumference of any tree; and
D. No fill materials shall be placed within the drip
line of any tree in excess of eighteen inches in depth.
This is a guideline and is subject to modification to meet
the needs of individual tree species as determined by an
arborist or landscape architect, and
E. No substantial compaction of the soil within the
drip line of any tree shall be undertaken; and
F. No construction, including structures and walls,
that disrupts the root system shall be permitted. As a
guideline, no cutting of roots should occur within a dis-
tance equal to three and one-half times the trunk diameter,
(Rancho Cucamocgd 28:2-4
!86)
as measured at ground level. Actual setback may vary to
meet the needs of individual tree species as determined by
an arborist or landscape architect. Where some root removal
is necessary, the tree crown may require thinning to prevent
wind damage; and
G. Eucalyptus windrows to be preserved shall have ade-
quate provisions for deep watering and limit surface water-
ing within fifteen feet of trunk; and
H. The city planner may impose such additional mea-
sures determined necessary to preserve and protect the
health of trees to remain, relocated trees, and new trees
planted to replace those removed.
NO CONSTRUCTION W"IN
CRP IME CR WITNIN IG' OP
WNI
TRUW' CNEVER IS GREATER.
"OVXX TEMPORARY
FENCMM AT ORP SHE
CURMq CONITRUOTION
PROTECTIVE
KEEP EQUIPMENT
OUT OF ORP AWE
(Ord. 286 §2(part), 1986).
19.08.120 Tree maintenance. A. The maintenance o'
trees standing upon private or homeowner -owned property
shall be the responsibility of the owner or owners of those
properties.
B. Builders shall be, required to prune, treat, and
maintain existing treps and plant new ones in such a fashion
that when the trees become city, association, or private
property the trees will.be free of.various damage, pests
diseases, and dead branches. The trees shall be in good
biological and aesthetic condition upon acceptance.
C. To insure adequate and uniform maintenance,
eucalyptus windrows should be maintained in a manner that
preserves the aesthetics and history of the eucalyptus win-
drows, as described in subsection D of this section.
D. Pruning prior to transfer of mature eucalyptus
windrows to the city, associations or private owners must be
done by builders as follows:
1. Leaves, debris, dead branches and suckers accu-
mulatad along the base of wi—L'.row shall bo removed
1 S . .. 1.: '.J
periodically, or as may be necessary for reasons of public
health and safety;
2. Dead or decaying branches shall be removed,
trunks stripped, and tree structure trimmed at least every
four vears or as may be necessary for reasons of public
health and safety as well as aesthetics;
3. Trees should be trimmed to preserve tneir natu-
ral structure;
4. Remove unsightly or poorly crotched '_imbs and
heavily leaning branches;
5. All cuts are to be made flush and/or _n lite
with proper arboricultural practices;
6. Dead, diseased, or dying trees shall be removed
as may be necessary, and shall be replaced with fifteen -
gallon Eucalyptus maculata.
E. Young eucalyptus windrow trees shall be -.aintained,
fertilized, and irrigated as may be necessary to sustain
them in health condition. Dead trees shall be replaced with
same species of appropriate size; replacement trees reed not
exceed fifteen -gallon size. (Ord. 286 52(part), '_986).
19.08.130 Violation --Penalty. Violation of pay sec-
tion of this chapter shall constitute a misdemeanor, pun-
ishable by a fine of not more than one thousand dollars or
by imprisonment not to exceed six months, or both such fine
and imprisonment. Each tree removed in violation: of this
chapter shall constitute a separate offense. (Ord. 286
§2(part), 1986).
Chapter 19.12
FLOOD DAMAGE PREVENTION*
Sections:
19.12.010 Findings and determinations.
19.12.020 Purpose.
19.12.030 :Methods of reducing flood losses.
19.12.040 Definitions.
19.12.050 General provisions.
19.12.060 Establishment of development permits.
19.12.070 Designation of floodplain administrator.
19.12.080 Duties and responsibilities of administra-
tor.
19.12.090 Maintenance of flood protection measures.
19.12.100 Hazard mitigation plan.
19.12.110 Standards of construction.
* Prior ordinance history: Oris. 2", 240.
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