La Mirada Municipal Code Ch. 12.08 Preservation, Protection and Removal of Parkway Trees

The purpose of this chapter is to preserve and protect the parkway trees of this city that are of aesthetic importance and to provide for the replacement of trees in order to maintain the community's natural environment. Trees are an important natural resource, and it is essential to the public peace, health, and welfare that such trees be protected from random removal, cutting, or damage.

(Ord. 556 § 2 (part), 2000).

For the purpose of this chapter, certain terms and words are hereby defined as follows:

(1) "Director" means the director of environmental services of the city or his or her designee.

(2) "Parkway" means either (i) the area between the curb and sidewalk within a fully improved street right-of-way; or (ii) that area extending from the curb towards the nearest easement line in an area with no sidewalk ; or (iii) any area within a street right-of-way in which a parkway tree is located.

(3) "Parkway tree" means a tree planted or caused to be planted by the city within a parkway strip.

(4) "Removal" means the uprooting, cutting or severing of the main trunk of the tree, or any act which causes the tree to die within six months.

(5) "Shrub" means woody vegetation or a woody plant having multiple stems and bearing foliage from the ground level up.

(6) "Tree" means any woody plant, including a palm, which has the potential of attaining a minimum height of fifteen feet and has its canopy of foliage borne normally on a single trunk.

(7) "Tree well" means a planting area found in an otherwise paved or concrete street right-of-way.

(Ord. 556 § 2 (part), 2000).

The director is responsible for inspection, maintenance, planting, pruning, trimming, removal, replacement and care of all parkway trees subject to the review and supervision of the city manager. Subject to said review, the director shall have the power to designate the kind or variety of trees and plants to be planted within any parkway of the city. The owners of property fronting on any street, alley or public place may petition the director to provide that such trees or plants shall be of a certain kind or variety, but the petition shall be advisory to the action of the director.

(Ord. 556 § 2 (part), 2000).

The director may trim or remove any parkway tree or plant, including any part thereof, regardless of the location, if in his or her opinion, removal is necessary to eliminate any hazard or risk to public safety or property. Conditions permitting removal by the director include, but are not limited to, the following:

(1) Where the tree, foliage or any limb, or the shrub or plant, is interfering with a primary structure, and there is no feasible alternative to mitigate the interference;

(2) Where a written determination has been made, after a visual inspection and evaluation, that the tree is so diseased or damaged that it is no longer viable or it is a threat to property or to other trees;

(3) Where the tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefit to the community;

(4) Where the tree interferes with utility services, or any street or highway, and no reasonable alternative exists other than removal or trimming of the tree;

(5) Where the tree is a potential safety hazard due to the risk of it falling and its structural instability cannot be remedied, or where any other risk to persons or property is presented;

(6) Where the tree is causing damage to improvements including, but not limited to, any building foundation, retaining wall, roadway/driveway, patio, and deck, or is interfering with the use and enjoyment of the property;

(7) Where the tree is host to an organism which is parasitic to another species of tree thereby endangered by the parasite; or

(8) Where the tree belongs to a species which is known to be pyrophitic or highly flammable and has been identified as a public safety hazard.

(Ord. 556 § 2 (part), 2000).

The director may inspect any parkway tree or plant or any tree or plant standing on any private property which overhangs or projects over or into any street, park, alley or public place of the city, to determine whether it or any part of it is in such condition as to constitute a safety hazard or an impediment to the progress or vision of anyone traveling in the street, park, alley or public place. However, nothing in this section shall authorize the director to enter private property without consent of the owner or lawful possessor of the property, unless otherwise permitted by law.

(Ord. 556 § 2 (part), 2000).

No person shall interfere, or cause any person to interfere with, the director or persons acting under his or her authority while engaged in planting, mulching, pruning, spraying, treating, trimming or removing any parkway tree, shrub or plant or in the removal of any stone, cement or other substance or plant material from or adjacent to the trunk of any parkway tree.

(Ord. 556 § 2 (part), 2000).

All parkway trees planted in a new subdivision shall be in accordance with the parkway tree guidelines and shall be paid for by the subdivider, unless otherwise provided by the city council. The city council may require any subdivider to pay all costs of proper parkway tree planting along the streets of any new subdivision before approving any subdivision map.

(Ord. 556 § 2 (part), 2000).

No person shall injure or destroy any parkway tree by any means, including, but not limited to the following:

(1) Constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any tree so as to substantially shut off air, light or water from its roots;

(2) Piling building equipment, material or any other substance around any tree so as to cause injury;

(3) Pouring, spraying or depositing any deleterious substance on or around any tree or on the surrounding ground, lawn or sidewalk;

(4) Posting any sign, poster, notice or other object on any tree, tree stake or guard, or fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard;

(5) Causing any wire charged with electricity to come in contact with any tree; or

(6) Causing any fire or burning near or around any tree.

(Ord. 556 § 2 (part), 2000).

The director shall determine during the project review process whether and to what extent conditions or measures will be required to protect parkway trees during construction. This decision shall be based upon the proximity of the construction activity to parkway trees. The conditions and protective measures include, but are not limited to, the following:

(1) The parkway trees shall be enclosed by chain link fencing with a minimum height of five feet or by another protective barrier approved by the director prior to the issuance of a grading or building permit and prior to commencement of work.

(2) Barriers shall be placed at least five feet outside the drip line of parkway trees. A lesser distance may be approved by the director if appropriate to the species and the adjacent construction activity.

(3) No grade changes shall be made within the protective barriers without prior approval by the director. Any roots greater than two inches in diameter which are damaged or exposed shall be cleanly saw cut and covered with soil in conformance with industry standards.

(4) Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be used at a depth that could cause root damage to the parkway tree.

(5) No attachments or wires other than those of a protective or non-damaging nature shall be attached to a parkway tree.

(6) No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical shall be stored or allowed in any manner to enter within the protective barrier.

(7) If access within the protective barrier around a parkway tree is required during the construction process, the route shall be covered in a six-inch mulch bed in the drip line area, and the area shall be aerated and fertilized at the conclusion of the construction.

(8) When the existing grade around a parkway tree is to be raised, drain tiles shall be laid over the soil to drain liquids away from the trunk, as determined by the director. The number of drains shall depend upon the soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy non-porous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materials that permit passage of air and water.

(9) When the existing grade around a parkway tree is to be lowered, either by terracing or a retaining wall, a combination may be used to lower grade, as determined by the director. With either method, the area within the drip line shall be left at the original grade. The retaining wall shall be porous to allow for aeration.

(10) Parkway trees that have been destroyed or that have received major damage during construction shall be replaced prior to final inspection and subject to the director's approval as to size, variety and species.

(Ord. 556 § 2 (part), 2000).

If any private individual or entity has a need to remove a parkway tree in the course of upgrade, renovation or new construction, they shall first obtain a permit issued by the director and adhere to the requirements and conditions set forth in the parkway tree guidelines and other conditions imposed by the director.

(Ord. 556 § 2 (part), 2000).

Except as provided herein, no person shall cut, trim, prune, plant, remove, injure or interfere with any parkway tree or plant without a permit.

(Ord. 556 § 2 (part), 2000).

(a) Each application for a permit to trim, prune, or remove any parkway tree or plant shall be filed with the director on a form provided for such purpose. The application shall clearly show by diagram, plot plan or photograph, the location, species and size of each parkway tree or plant sought to be removed, the name and address of the property owner and applicant, and such other information as indicated on the form provided or as required by the director. The director will consider an application complete when all necessary application forms, materials and exhibits, as established by the director, have been provided and accepted as adequate and all necessary fees established by resolution of the city council have been paid.

(b) The director may require the submittal of an arborist report before accepting the application for filing. The arborist report shall be paid for by the applicant and may be required to include specific information as required by the director. This information may include but is not limited to: the impact on existing trees, the health and structural stability of existing trees and any remedial measures or mitigation recommended.

(c) Any request for the removal or relocation of a parkway tree proposed in conjunction with an application for another discretionary permit, shall be subject to approval by the same hearing body as the discretionary permit.

(Ord. 556 § 2 (part), 2000).

In approving an application for a parkway tree or plant removal or trimming permit, the director may require the applicant to meet certain conditions in order to secure the purpose of this chapter. Conditions may include, but are not limited to, measures designed to protect and preserve parkway trees, shrubs, and plants remaining on the site and the restoration of parkway trees and plants removed from the site.

(Ord. 556 § 2 (part), 2000).

(a) Subject to the imposition of conditions pursuant to subsection (b) of this section, a permit to remove, trim or prune any parkway tree or plant may be issued where any of the conditions set forth in Section 12.08.040 are found to exist, or where, upon taking into account the size, shape, topography and existing trees upon the lot, the denial of the permit would create an unreasonable hardship on the property owner.

(b) A permit for a tree removal may be conditioned upon the replacement of the tree(s) onsite. Such replacement shall be subject to the provisions of the parkway tree guidelines including, but not limited to:

(1) Designation by the director of the size, species and location of replacement tree(s);

(2) An existing tree(s) onsite may be designated to serve as a replacement tree(s);

(3) Should the tree(s) designated as a replacement not survive for a period of at least two years, further replacement shall be required.

(Ord. 556 § 2 (part), 2000).

Any work authorized by a permit shall be done within sixty days of issuance thereof, under the general supervision of the director, and in accordance with the parkway tree guidelines. A permit shall be void after the expiration of the sixty day period.

(Ord. 556 § 2 (part), 2000).

(a) An application for a parkway tree removal or tree trimming permit shall be approved, conditionally approved or denied in writing by the director within thirty days of receipt of a complete application and additional information as required by the director. Where the director finds that significant policy questions are at issue, the director may refer the application to the city manager for action. If an application is denied, the reasons shall be provided to the applicant in writing.

(b) A permit application made in connection with a development proposal shall be considered concurrently and within the time limits mandated by state or local laws or regulations for the approval of such proposals.

(c) Upon receipt of a complete application, the director shall conduct an onsite inspection and make a determination. When the determination has been made, the director shall notify the applicant of said determination within thirty days in writing by first class mail. An appeal to the city manager of the director's determination shall be filed within fifteen days following the date of notification to applicant.

(d) Any person maintaining any overhead wires or pipes or underground conduits along or across any street, park, boulevard, alley or public place of the city or owning any property abutting upon any street, park, or public place of the city, desiring to have any parkway tree cut, trimmed, pruned or removed must file with the director a written request that the work be done. It shall be within the discretion of the director to authorize said request and to require the petitioner to meet the guidelines as set forth in the parkway tree guidelines adhering to the requirements and conditions set forth therein before the issuance of any permit under this chapter. Unless appealed, as provided in subsection (c) of this section, the decision of the director shall be final.

(Ord. 556 § 2 (part), 2000).

Any person, firm or corporation engaged in the business of trimming or removing any parkway tree shall carry public liability and property damage insurance in accordance with the standards established by the city, and a current certificate of such insurance shall be on file with the city clerk prior to performing such work. The city may require the posting of a performance bond in the amount equal to the cost of the proposed job.

(Ord. 556 § 2 (part), 2000).

A permit to trim, prune or remove any parkway tree or plant may be revoked or modified if it is found that the removal, relocation or protection activities:

(1) Result from misrepresentation or fraud;

(2) Have not been implemented in a timely manner;

(3) Have not met, or have violated, any conditions of approval;

(4) Are in violation of any code, law, ordinance or statute;

(5) Are detrimental to public health, safety or welfare; or

(6) Constitute a nuisance.

(Ord. 556 § 2 (part), 2000).

(a) In the event more than one tree subject to the provisions of this chapter is located on a parcel of property, each tree that is removed or trimmed without a permit shall be considered a separate violation.

(b) Removal or trimming of any parkway tree or plant without a permit is a misdemeanor and shall require replacement within sixty days of notice by the city. Such replacement shall be in accordance with the parkway tree guidelines.

(c) Violation of this chapter during construction activity may result in an immediate stop-work order issued by the city, until permits are obtained along with proper mitigation.

(Ord. 556 § 2 (part), 2000).