Article L — ELECTRICAL VEHICLE CHARGING STATIONS

The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Section 65850.7.

(Ord. No. 364, § 1, 10-10-17)

5-5L-2: - DEFINITIONS.

Unless the context clearly requires otherwise, the following words or phrases shall have the following meanings when used in this Chapter:

Electric Vehicle Charging Station or Charging Station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

Specific, Adverse Impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Electronic Submittal means the utilization of one or more of the following:

• A. Electronic mail or email.

• B. The internet.

• C. Facsimile.

• (Ord. No. 364, § 1, 10-10-17)

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The City's adopted checklist shall be published on the City's website.

(Ord. No. 364, § 1, 10-10-17)

• A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

• B. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

• C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(Ord. No. 364, § 1, 10-10-17)

• A. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit.

• B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

(Ord. No. 364, § 1, 10-10-17)

• A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

B.

Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

• C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

• D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

• (Ord. No. 364, § 1, 10-10-17)

The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(Ord. No. 364, § 1, 10-10-17)

CHAPTER 6 - TRANSPORTATION DEMAND MANAGEMENT

Unless the context clearly requires otherwise, the following words or phrases shall have the following meanings when used in this Chapter:

Alternative Transportation: The use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

Applicable Development: Any development project that is determined to meet or exceed the project size threshold criteria contained in Section 5-6-3 of this Chapter.

Buspool: A vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

Carpool: A vehicle carrying two to six persons commuting together to and from work on a regular basis.

California Environmental Quality Act (CEQA): Public Resources Code Section 21000 et seq.

Developer: The builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Chapter as determined by the property owner.

Development: The construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this Chapter and which exceed the thresholds defined in Section 5-6-3 of this Chapter shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

Employee Parking Area: The portion of total required parking at a development used by onsite employees. Except as otherwise specified in this Chapter, employee parking shall be calculated as follows:

Preferential Parking: Parking spaces designated or assigned, through use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

Property Owner: The legal owner of a development who occupies a site or serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this Chapter either directly or by delegating such responsibility as appropriate to a tenant and/or an agent of the property owner or the tenant.

South Coast Air Quality Management District (SCAQMD): The regional authority appointed by the California State Legislature to meet Federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

Tenant: The lessee of facility space at an applicable development project.

Transportation Demand Management (TDM): The alteration of travel behavior — usually on the part of commuters through programs of incentives, services and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

Trip Reduction: Reduction in the number of work-related trips made by single occupant vehicles.

Vanpool: A vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to 15 adult passengers, and on a prepaid subscription basis.

Vehicle: Any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

(Ord. 265, 3-22-93)

• A. Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination that compliance with this Chapter is otherwise appropriate, regional and Municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this Chapter shall be exempted from its provisions. The "transit impact review worksheet," contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all contemplated EIRs and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

• B. Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

(Ord. 265, 3-22-93)

• A. Applicability of Requirements:

  1. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

  2. This Chapter shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943, or for which a notice of preparation for a DEIR has been circulated, or for which an application for a building permit has been received, prior to the effective date of this Chapter.

  3. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

• B. Development Standards:

  1. Nonresidential development of 25,000 square feet or more shall provide the following to the satisfaction of the City:

     • a. A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

       • (1) Current maps, routes and schedules for public transit routes serving the site;

       • (2) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

       • (3) Ridesharing promotional material supplied by commuter-oriented organizations;

       • (4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

       • (5) A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

  2. Nonresidential development of 50,000 square feet or more shall comply with subsection

     • B.1.a. above, and shall provide all of the following measures to the satisfaction of the City:

     • a. Not less than ten percent of the employee parking area shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for

obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided, that at all times at least one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles.

• b. Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches (7'2") shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

• c. Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential development. Calculations which result in a fraction of one-half or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers or locked room) shall be to the satisfaction of the City.

3. Nonresidential development of 100,000 square feet or more shall comply with subsections B.1. and B.2. above, and shall provide all of the following measures to the satisfaction of the City:

   • a. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

   • b. Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

   • c. If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

   • d. Safe and convenient access from the external circulation system to bicycle parking facilities onsite.

(Ord. 265, 3-22-93)

5-6-4: - ENFORCEMENT AND MONITORING.

• A. No building permit, certificate of occupancy or other entitlement for use may issue pursuant to the ordinances of the City unless an appropriate officer of the City determines that the development project for which the permit is sought fully complies with the requirements of this Chapter.

• B. If during the construction of a development it comes to the attention of the Building Official of the City that construction is deviating from the plans approved by the City in a manner that will result in a failure to comply with the requirements of this Chapter, the Building Official shall authorize the issuance of one or more stop work orders pursuant to the ordinances of the City.

• C. The provisions of this Chapter may be enforced by any other means permitted by the ordinances of the City or by other law.

(Ord. 265, 3-22-93)

A violation of the provisions of this Chapter shall be punishable as set forth in Section 1-5-1 of this Code or by resort to any other remedy provided by law.

(Ord. 265, 3-22-93; 1994 Code)

CHAPTER 7 - UNDERGROUND UTILITIES

ARTICLE A. - UNDERGROUND UTILITY DISTRICT

Whenever, in this Chapter, the following words or phrases are used, they shall have the meanings assigned to them as follows:

Commission: The Public Utilities Commission of the State of California.

Person: Means and includes individuals, firms, corporations, partnerships and their agents and employees.

Poles, Overhead Wires and Associated Overhead Structures: Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

Underground Utility District or District: An area in the City which is described in a resolution adopted pursuant to the provisions hereof, within which poles, overhead wires and associated overhead structures are prohibited.

Utility: All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

• A. Determination of Necessity: The Council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication or similar or associated service.

• B. Report: Prior to holding such public hearing, the Building Official shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the City and affected property owners. Such report shall also contain such underground installation and removal of overhead facilities.

• C. Notification of Affected Parties: The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned, by mail, of the time and place of such hearings at least ten days prior to the date thereof.

• D. Hearing Open to Public: Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard.

• E. Decision of Council is Final: The decision of the Council shall be final and conclusive.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be

allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

• A. Within ten days after the effective date of a resolution adopted pursuant to Section 5-7-3 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the Commission.

  • B. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 5-7-3 hereof, together with a copy of this Chapter, to affected property owners as such as shown on the last equalized assessment roll and to the affected utilities.

• (Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 5-7-3 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

• A. Connection to New Facilities: Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 5-7-5 of this Chapter and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the Commission.

B.

Failure to Comply: In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A. within the time provided for in the resolution enacted pursuant to Section 5-7-3 hereof, the Building Official shall post written notice on the property being served and, 30 days thereafter, may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

The City shall remove, at its own expense, all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 5-7-3 hereof.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 5-7-3 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 5-7-3 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 5-7-6 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

• A. Emergency or Unusual Circumstances: Notwithstanding the provisions of this Chapter, poles, overhead facilities and associated overhead structures may be installed and maintained in a district, with the approval of the Mayor, in order to provide emergency or temporary service.

• B. Other Exceptions: Any resolution adopted pursuant to Section 5-7-3 hereof shall not, unless otherwise provided in such resolution, apply to any of the following types of facilities:

  1. Any Municipal facilities or equipment installed under the supervision and to the satisfaction of the Building Official.

  2. Poles or electroliers used exclusively for street lighting.

  3. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited or connecting to buildings on the perimeter of a district when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.

  4. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

  5. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the building or to an adjacent building without crossing any public street.

  6. Antennas, associated equipment and supporting structures used by a utility for furnishing communication services.

  7. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts.

  8. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Ord. 68, 7-2-68; Ord. No. 307, § 2, 7-23-01)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-5-1 of this Code. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person and shall be punishable therefor as provided for in this Chapter.

(Ord. 68, 7-2-68; 1994 Code; Ord. No. 307, § 2, 7-23-01)

ARTICLE B. - UNDERGROUNDING OF UTILITIES

All electrical, telephone, Community Antenna Television System and similar service wires or cables, which provide direct service to new buildings and structures, shall be installed underground.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

• A. A property owner shall place all electrical, telephone, Community Antenna Television System, and similar service wires or cables underground, or if the City Engineer determines that undergrounding is infeasible, a property owner shall install a conduit so that the property will be ready to receive underground service at such time as underground service is available, if the owner is altering, repairing or renovating an existing building or performing grading work and either of the following criteria is satisfied:

  1. The alteration, repair, renovation or grading would impact the connection to the existing electric, telephone, Community Antenna Television System, and similar service wires or cables; or

  2. The cost of the alteration, repair or renovation equals or exceeds 30 percent of the replacement cost of the building or if more than 30 percent of the square footage of the building is being altered, repaired or renovated.

Any decision of the City Engineer pursuant to this paragraph shall be in writing and be provided to the property owner.

• B. Upon application in writing by the property owner and payment of a fee in an amount as set by the City Council, the City Council may grant a waiver from the requirements of this Section 5-7B-2 if the City Council finds that the undergrounding of electrical, telephone, Community Antenna Television Systems and similar service wires or cables or the installation of conduits for the future undergrounding of such wires or cables is not practicable due to the nature of the alteration, repair or renovation or the physical condition of the property.

• C. If a waiver from the requirements of this Section 5-7B-2 is granted by the City Council, that waiver shall not become effective unless and until the property owner enters into a covenant with the City agreeing not to protest the formation of an underground utility district and further agreeing to prepare the property to accept underground utility lines in accordance with the applicable rules, regulations and tariffs of the utility involved at the time that the undergrounding is

performed whether or not such undergrounding is installed pursuant to a utility district. The covenant shall be in a form approved by the City Attorney and shall be recorded against the property.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

The property owner shall make the necessary arrangements with each utility or cable company for the installation of underground facilities.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

For the purposes of this Article, equipment appurtenant to underground facilities such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts may be placed above ground unless the project is conditioned otherwise.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

Temporary overhead poles, overhead wires and associated overhead structures may be permitted for the period during which a valid building permit has been issued or for emergency services for less than ten days or other temporary purposes as approved by the City Engineer.

(Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

A property owner aggrieved by any decision of the City Engineer may appeal that decision to the City Council prior to the expiration of any building plans submitted to the City pursuant to this Article. A written appeal shall be filed with the City Clerk accompanied by a fee in an amount as set by the City Council. (Ord. No. 307, § 3, 7-23-01; Ord. No. 320, § 2, 9-25-06)

CHAPTER 8 - TREE PRESERVATION

Footnotes: --- ( 1 ) ---

Editor's note— Ord. No. 319, §§ 1, 2, adopted November 14, 2005, repealed the former Ch. 8, §§ 5-8-1—5-8-9, and enacted a new Ch. 8 as set out herein. The former Ch. 8 pertained to similar subject matter and derived from Ord. 164, 2-285; Ord. 260, 1-25-93; Ord. No. 315, §§ 1, 2, 2-23-04; Ord. No. 316, §§ 1, 2, 8-9-04.

The City Council hereby finds, determines and declares that proper and necessary steps must be taken immediately to protect and preserve, to the greatest extent possible, Native Oak Trees and designated Historic Trees in order to protect the health, safety or welfare of the citizens of the City.

(Ord. No. 319, § 2, 11-14-05)

The provisions of this Chapter shall apply to all Native Oak Trees and designated Historic Trees on all public or private property within the limits of the CR (Restricted Commercial) Zone.

(Ord. No. 319, § 2, 11-14-05)

For the purpose of this Chapter, certain words and phrases used herein shall be defined as follows: Damage: Means any act causing injury to the root system or other parts of a tree, including, without limitation, burning, application of toxic substances, operation of equipment or machinery and paving, changing the natural grade, trenching or excavating inside or within five feet of the drip line.

Historic Tree: Means a living tree designated by resolution of the City Council as a Historic Tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, condition or aesthetic qualities. In addition, the following shall be automatically deemed "Historic Trees": all trees in the City which are 36 inches or more in circumference (11.46 inches in diameter) as measured two feet above the mean natural grade or, in the case of a tree with more than one trunk, whose combined circumference of any two trunks is 54 inches or more as measured from two feet above the mean natural grade.

Lot: Means an area of land created or established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a subdivision map, parcel map or certificate of compliance.

Native Oak Tree: Means a living tree of the genus Quercus and species lobata, agrifolia, dumosa or California native hybrids thereof. A "Native Oak Tree" which is 12.5 inches or more in circumference (four inches in diameter) for a single trunk tree or, in the case of an oak with more than one trunk, whose combined trunks equal at least 18.8 inches or more in circumference (six inches in diameter) as measured four and one-half feet above mean natural grade, shall be covered within this Chapter.

Planning Director: The City's Planning Director or the Planning Director's designee.

Severe Pruning and/or Trimming: In the case of Historic Trees, Severe Pruning and/or Trimming shall be defined as topping, or the cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy. In the case of Native Oak Trees, Severe Pruning and/or Trimming shall be defined as topping, or the cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy.

(Ord. No. 319, § 2, 11-14-05)

No Native Oak Tree or Historic Tree shall be Severely Pruned and/or Trimmed, removed, cut down or otherwise Damaged, nor shall any grading or construction activities occur inside of or within five feet of the drip line of any such trees, except pursuant to a tree permit issued by the City Council or a minor tree permit pursuant to Section 5-8-7.

(Ord. No. 319, § 2, 11-14-05)

• A. Permit and Fee Established: The Planning Director shall establish the format and information required for a tree permit consistent with this Title. The City Council shall establish a fee to offset the City's costs in processing this permit. [2]

• B. Inspection of Premises: Prior to the issuance of a tree permit, the Planning Director shall, at the applicant's expense, engage a qualified tree specialist to inspect the premises involved and provide a tree report which includes the following:

  1. Designation of the trees to be Severely Pruned and/or Trimmed, removed, modified or relocated, along with any specific measures which must be followed in order to protect any trees to be affected.

  2. Recommendations for conditions to be imposed on the tree permit.

  3. Recommendations for replacement trees and specifications for any such trees such as number, size, type and location.

  4. An analysis of whether the application meets the criteria for granting a tree permit.

  5. Any other information or analysis pertinent to the applicant's request for a tree permit.

• C. Tree Permits Granted by the Planning Director:

  1. Notwithstanding Section 5-8-4, the Planning Director may issue a tree permit without the prior approval of the City Council if the applicant meets all the following conditions:

     • a.

No more than five Native Oak Trees and/or Historic Trees are to be Severely Pruned and/or Trimmed, removed, cut down, Damaged, or impacted by grading or construction activities inside or within five feet of the drip line of any such trees;

  - b. Significant on-site vegetation shall remain on the site; and 

  - c. The adjacent property owners have been notified of the application and provided the opportunity to submit comments to the Planning Director within ten days of the notification. If the Planning Director receives an objection to the issuance of a tree permit, the Planning Director shall automatically refer the application to the City Council for determination. 

2. Replacement trees provided shall be at a ratio of four trees for each tree removed, unless otherwise recommended by the Planning Director. However, in no event may the Planning Director issue a permit requiring a replacement ratio of less than two trees for each tree removed.

3. Notwithstanding this subsection C., the Planning Director may refer any application to the City Council for determination.

• D. Standards for Granting or Denying a Tree Permit:

  1. The determination by the Planning Director or the City Council shall be based on information submitted by the applicant and the report by the City's qualified tree specialist. No tree permit shall be issued unless the decision maker makes both of the following findings:

     • a. That the proposed construction, activity or use will be accomplished without endangering the health of the remaining trees, if any, on the subject property; and

     • b. That the granting of the tree permit, will not result in soil erosion through the diversion or flow of surface waters which cannot be satisfactorily mitigated.

2. In addition to the above findings, at least one of the following findings shall also be made:

   • a. That granting of the tree permit is necessary, since the continued existence of the trees at the present location frustrates the planned development or use of the subject property to such an extent that:

     • (1) Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive; or

     • (2) The existing location of such trees precludes reasonable and efficient use of such property for a use otherwise authorized; or

   • b. That the trees interfere with utility services or streets and highways, either within or outside of the subject property, and such interference cannot reasonably be eliminated except through issuance of a tree permit; or

c.

With reference to trees with a seriously debilitating disease or in danger of falling, that the condition of the trees is such that it cannot be remedied through reasonable preservation procedures and practices.

3. The Planning Director shall give priority to inspection of those requests based upon hazardous conditions.

• E. Conditions Associated with Issuance of a Tree Permit: The Planning Director or City Council, in approving an application for a tree permit, may impose such conditions as are deemed appropriate to insure that the tree permit will be in accord with the findings required by subsection D. of this Section and the tree permit will not adversely impact the general welfare. These conditions may involve, but are not limited to, the following:

  1. The replacement of trees proposed for removal or relocation with trees of a suitable type, size, number, location and date of planting. In determining the need for replacement trees, the relocation of trees approved for removal is not necessarily a mitigating factor. The Planning Director or Council, however, may consider but is not limited to, the following factors:

     • a. The vegetative character of the surrounding area.

     • b. The number of trees subject to this Chapter which are proposed to be removed in relation to the number of such trees currently existing on the subject property.

     • c. The anticipated effectiveness of the replacement of trees.

     • d. The development plans submitted by the applicant for the proposed construction or the proposed use of the subject property.

  2. A plan for protecting Native Oak Trees and Historic Trees on the subject property during and after development such as, but not limited to, the following requirements:

     • a. The requirement that until development is completed, the applicant install chain-link fencing not less than four feet in height around the drip lines of trees as shown on the site plan.

     • b. The requirement that the applicant provide an individual with special expertise acceptable to the Planning Director to supervise all excavation or grading proposed within drip lines.

     • c. The requirement that any excavation or grading allowed inside or within five feet of the drip line of a tree be limited to hand tools or small hand-powered equipment.

• d. The requirement that trees on other portions of the subject property not included within the site plan also be protected by restricting storage, machinery storage or access during construction.

  - e. The requirement that the trees identified on the site plan be physically identified by number as designated on such plan in a manner acceptable to the Planning Director. 
  
  - f.
  

The requirement that corrective measures be taken for trees noted on the tree report as requiring remedial action, including pest control, pruning, fertilizing and similar actions.

3. The requirement that, prior to any tree removal, a building permit and/or grading permit, whichever is applicable, has been issued for any Lot proposed for development where the development project has been approved on that Lot by the City.

• F. In no case shall an applicant for a tree permit be required to replace or otherwise pay for the value of any trees which the City or other public agency or authorized public official has directed the applicant to remove so that a public street may be constructed or interference with a utility line may be avoided or a hazardous situation abated.

(Ord. No. 319, § 2, 11-14-05)

Footnotes: --- ( 2 ) ---

See Title 2, Chapter 1 of this Code for collection procedures.

The following are exempt from the provisions of this Chapter:

• A. Emergency: Cases of emergency where the Planning Director, or any member of a law enforcement agency or the Los Angeles County Fire Protection District, in the performance of his duties, determines that a tree poses an imminent threat to the public safety or general welfare. If conditions and circumstances permit, the public official shall consult with the Planning Director prior to ordering the removal of any tree.

• B. Line of Sight Restrictions: Removal or relocation of trees necessary to obtain adequate line-ofsight distances as required by the City Traffic Engineer.

• C. Damaging Trees: Removal of street trees from within the public right of way which, in the opinion of the Planning Director, will cause damage to existing public improvements.

• D. Power or Communication Line Interference: Actions taken for the protection of existing electrical power or communication lines or other property of a public utility.

• E. Nursery Trees: Trees planted, grown and/or held for sale by licensed nurseries or the removal, maintenance or transplanting of same pursuant to, and as a part of, the operation of a licensed nursery business.

• F. Normal Pruning and Trimming: This Section shall not preclude pruning or trimming other than Severe Pruning and/or Trimming, which does not endanger the life of the tree.

G.

Parkway Trees: Trees on property not owned by the City and located within a distance of 15 feet of the nearest edge of the paved portion of any existing street or roadway used for vehicular purposes if such trees are maintained by the Hidden Hills Community Association.

(Ord. No. 319, § 2, 11-14-05)

• A. Notwithstanding Section 5-8-5, the Planning Director may issue a minor tree permit if the applicant meets all the following conditions:

  1. No more than two Historic Trees are to be Severely Pruned and/or Trimmed, removed, cut down, Damaged or impacted by grading or construction activities inside or within five feet of the drip line of any such trees. 
  
  2. In the side or front yard or other yard area that is adjacent to a street where the Historic Tree activity described in paragraph A.1. takes place, a minimum of two Historic and/or Native Oak Trees shall remain. If less than two Historic and/or Native Oak Trees remain, replacement tree(s) shall be planted in accordance with Section 5-8-7 C. 
  

  • B. Inspection of Premises: Prior to the issuance of a minor tree permit, the Planning Director shall inspect the premises involved to verify that the application meets the requirements set forth in Section 5-8-7 A.

  • C. Replacement Trees: If replacement trees are required, the applicant shall submit a tree replacement plan that includes the following information: tree size, tree type, the location of all trees to be removed and all replacement trees. Replacement trees shall not be less than 48-inch boxes.

  • D. A minor tree permit for up to two Historic Trees shall not be issued more than once every five years on the same property. A minor tree permit may not be issued for activities involving a Native Oak Tree.

  • E. Permit and Fee Established: The Planning Director shall establish the format and information required for a minor tree permit consistent with this Title. The City Council shall establish a fee to offset the City's costs in processing this permit.

• (Ord. No. 319, § 2, 11-14-05)

A bond shall be posted to the satisfaction of the Planning Director to guarantee the survival of

replacement or relocated trees for a period of three years from that date that such trees are planted. For the purposes of establishing the bond amount, the replacement value of such trees shall be established using one or more of the following procedures:

• A. Planning Director's Estimate: If mutually agreed upon by the applicant for the tree permit and the Planning Director, the Planning Director may prepare an estimate of the value of the certain trees; and/or

• B. Appraisal: The applicant for a tree permit may submit an appraisal prepared by a horticulturist, arborist or licensed landscape architect.

• (Ord. No. 319, § 2, 11-14-05)

Decisions of the Planning Director may be appealed to the City Council. The appeal must be submitted to the City Clerk within 15 days of the Planning Director's action.

(Ord. No. 319, § 2, 11-14-05)

• A. No person shall violate any provisions or fail to comply with any of the requirements of this Chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter or violating a condition of a tree permit granted under authority of this Chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Chapter shall be punishable as set forth in Section 1-5-1 of this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person and shall be punishable accordingly.

• B. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a nuisance and may be, by this City, summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.

(Ord. No. 319, § 2, 11-14-05)