§ 17.104

This chapter is established to recognize oak trees as significant historical, aesthetic and ecological resources and to create favorable conditions for the preservation and propagation of this unique irreplaceable plant heritage for the benefit of the current and future residents of the City. It is the intent of this chapter to maintain and enhance the public health, safety and welfare through the mitigation of soil erosion and air pollution. It is also the intent of this chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas of the City in which oak trees live.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.104.020 - Scope.

The provisions of this chapter shall apply to all oak trees on all public property and to private property which is vacant, undeveloped, or in the process of modification.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.104.030 - Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Arborist" means a person who is a California Certified Arborist; a person accredited by the International Society of Arboriculture in California.

"Cutting" shall mean the detaching or separating, either partial or whole, from a protected tree, any part of the tree, including, but not limited to, any limb branch, root, or leaves. Cutting shall include pruning and trimming.

"Damage" shall mean any action undertaken which causes or tends to cause injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, burning, overwatering, relocating or transplanting a protected tree, changing or compacting the natural grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of an oak tree.

"Deadwood" shall mean limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one year, inclusive of prime growing weather.

"Director," in a matter involving private property, means the Community Development Director and "director," in a matter involving public property or property to be dedicated for public use, means the Director of Public Works.

"Dripline" shall mean the outermost edge of the tree's canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest extension of the limbs and leaf canopy.

"Modification, process of" means the change in any land that has or had improvements, buildings and the like for another or expanded use. For the purposes of this subsection, minor maintenance and repair of existing structures and accessory buildings would be exempt from the provisions.

"Oak Tree" shall mean any oak tree of the genus Quercus, including, but not limited to, Valley Oak (Quercus lobata), California Live Oak (Quercus Agrifolia), Canyon Oak (Quercus chrysolepis), Interior Live Oak (Quercus wislizenii), and Scrub Oak (Quercus dumosa), thirty-seven and one-half inches in circumference; (twelve (12) inches in diameter) as measured four and one-half feet above the root crown. In the case of properties located in the R-1 (Single-Family Residential) and R-2 (Light Multiple Residential) zone, Scrub Oak (Quercus dumosa) shall be excluded from this list.

"Preservation" means the acts of keeping or saving a tree from harm or destruction by proper maintenance, pruning, treatment and other means of safeguarding trees.

"Private Property" means land owned by individuals, partnerships, corporations, firms, churches, fraternities and the like to which land access by the public is generally restricted.

"Pruning" and/or "Trimming" means the cutting of any limb or branch.

"Public Property" means land owned by a public or governmental entity and generally accessible to the public.

"Root Crown" means that portion of a tree trunk from which roots extend laterally into the ground.

"Routine Maintenance" shall mean actions taken for the continued health of an oak tree such as insect control spraying, limited watering, fertilization, deadwooding and ground aeration. For the purposes of this development code, routine maintenance shall include pruning pursuant to the requirements of Section 17.104.090G.

"Undeveloped Property" means land which is in its natural, original or pristine state.

"Vacant Property" means land on which no buildings or improvements have been erected but which may have been graded for drainage or other purposes.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any person desiring to remove, cut down, destroy, relocate, prune and/or trim, or otherwise undertake activities which could inflict damage to an oak tree, as defined in Section 17.104.030, shall first obtain a tree permit from the City. The pruning and/or trimming of limbs or branches less than twenty-eight (28) inches in circumference (nine inches in diameter) shall be exempt from the requirements of this section. Other exemptions are listed in Section 17.104.090 of this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Prior to the granting of a tree permit, an application for a tree permit shall be submitted to the Director. The basic form, content, instructions, procedures and requirements of the application package deemed necessary and appropriate for the proper enforcement of this chapter shall be established by the Director.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Upon the review of an application for a tree permit duly filed in accordance with the approved procedures and requirements (and after an on-site inspection by the Director or his or her designated representative), the Director shall grant or deny a tree permit on the basis of the standards set forth in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Such conditions as deemed necessary and appropriate to insure the proper enforcement of this chapter may be made a part of the tree permit. Such conditions may involve, but shall not be limited to, the following:

A.

The replacement of the oak tree proposed for removal with oak trees of a suitable type, size, number, location and date of planting based upon a ratio of two new trees for every one removed;

B.

In cases where conditions preclude the project site from planting the replacement trees, the Director may consider planting replacement trees on public property such as designated open space areas, public parks, etc.;

C.

A condition requiring an objectively observable maintenance and care program to be initiated to ensure the continued health and care of oak trees on the property;

D.

The installation of six feet high chain link fencing five feet beyond the drip lines and, four signs, two feet square containing the following language: "Protected Oak Tree—Warning—This fence shall not be removed or relocated without written authorization from the city of Rosemead Community Development Department," for the purpose of protecting oak trees on the project site during and after development;

E.

Restrictions upon cuts, fills and/or grading within the drip line area;

F.

The submittal of a tree report prepared by a certified arborist evaluating oak trees as defined in Section 17.104.030. The report shall evaluate and recommend proper mitigation measures including, but not limited to, relocation, trimming, reinforcing, bracing and other measures needed to preserve the oak trees. All oak trees identified in the report shall be numerically tagged for identification purposes with a two-inch square metal marker.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

An approved tree permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval, shall become null and void and of no effect, except, where an application requesting an extension is filed prior to such expiration date, the Director may extend such time for a period not to exceed one year.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Notwithstanding the provisions of this Code, a permit is not required under the following circumstances:

A.

For the removal of trees that do not exceed thirty-seven and one-half (37.5) inches in circumference; (twelve (12) inches in diameter) as measured four and one-half feet above the root crown.

B.

In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards. Authorized City official, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense official or Code Enforcement Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken.

C.

For trees planted, grown and/or held for sale as a part of a licensed nursery business.

D.

Pruning by a public service or utility necessary to protect or maintain overhead clearance for existing electric power or communication lines, or public rights-of-way, subject to prior notice to the Director in nonemergency situations. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City's urban forester.

E.

Pruning of limbs or deadwood provided such live limbs do not exceed twenty-eight (28) inches (nine inches in diameter) at the location of the cut. All pruning work shall follow proper arboricultural practices and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished.

F.

When the property owner has received written permission from the Director for the removal of a maximum of three scrub oaks (Quercus dumosa).

G.

Routine maintenance as defined herein.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Applications for tree permits shall be accompanied by appropriate fees as established by a resolution of the Council, which fees shall be commensurate with the cost of processing and reviewing applications for permits and administering this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The granting of a tree permit pursuant to this chapter shall be based on the following:

A.

The condition of the oak tree with respect to disease, danger of falling, and the proximity to existing or proposed structures;

B.

The necessity to remove an oak tree in order to construct proposed improvements to prevent economic hardships to the owner of the property. The burden of proof shall be the responsibility of the applicant at the time of the application to remove the tree;

C.

The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters;

D.

The number of oak trees existing in the neighborhood on improved property. Decisions shall be guided by the standards established in the neighborhood and the effect of the heritage tree removal upon property values in the area; and

E.

Good forestry practices, such as the number of healthy heritage trees which a given parcel of land or area can support.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

When an application is filed for a conditional use permit for commercial development, tentative tract map, discretionary site plan and design review, or minor land division concurrently a tree preservation plan shall be submitted showing all trees. The plan shall be drawn to twenty (20) scale or equivalent. A tentative map or land surveyors map may be used as a substitute for a tree preservation plan provided the following information listed in subsections A through I of this section is included on the map. All tree preservation plans shall include the following information:

A.

Location of all trees;

B.

Proposed property lines;

C.

Tree drip lines;

D.

Botanical and common names of all trees;

E.

Contour lines at one-foot intervals showing elevations of the site;

F.

Existing and proposed elevations caused by grading on the site;

G.

Location of existing and proposed buildings, paving or other structures;

H.

The size, type, location and depth of proposed utility trenching or easement;

I.

Any additional information as required by the Director.

The plan shall show details to justify any tree that is to be relocated or removed at the subdivision, grading, or construction stages of development. Failure to submit the plan in acceptable detail, shall be grounds for rejection as an incomplete development application pursuant to Section 65943 of the Government Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.104.130 - Appeals.

The decision of the Director may be appealed as set forth in Chapter 17.160 (Appeals and Requests for Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any violation of the provisions of this chapter or of any permit granted pursuant to this chapter shall be a misdemeanor, and any person found guilty of such violation shall be punishable as set forth in Chapter 1.16.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.112 - OFF-STREET PARKING AND LOADING