HomeMy WebLinkAboutORD FOR INTRODUCTION 02-19-91DATE:
TO:
FROM:
-ca -I9-91
FEBRUARY 13, 1991
WILLIAM A. HUSTON, CITY MANAGER
'ZDINANCE FOR INTRODUCTION
-19-91
Inter - Com
PUBLIC WORKS DEPARTMENT/FIELD SERVICES DIVISION
SUBJECT: ORDINANCE NO. 1051 RELATING TO PARKWAY TREES AND SHRUBS
RECOMMENDATION:
That the Tustin City Council at their meeting of Tuesday, February
19, 1991 introduce Ordinance No. 1051 amending Chapter 3, Sections
7301 through 7309 of the Tustin City Code, relating to parkway
trees and shrubs.
BACKGROUND:
Several months ago the City Council requested staff to review and
modify the City's tree removal policy to minimize the need for all
requests to be routed through the City Council for approval.
DISCUSSION:
The attached Ordinance No. 1051 has been reviewed/approved by the
City Attorney's office and provides for the following changes:
1. Designates the Manager of the Field Services Division,
as the responsible party to approve all requests for
removal of trees and shrubs in the public right-of-way.
2. Provides for the right of appeal to the Director of
Public Works.
3. General housekeeping items, such as changes in titles
from Superintendent to Manager of Field Services.
Bob Ledendecker
Director of Public Works/
City Engineer
BL:PR:ccg:ordl05l
Pablo Rodrigi z
Manager, Field Services
ORDINANCE NO. 1051
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE TUSTIN CITY CODE
RELATIVE TO PARKWAY TREES AND SHRUBS
The City Council of the City of Tustin, does hereby ordain as follows:
1. Chapter 3, Sections 7301-7309 of the Tustin City Code is hereby amended to read
as follows:
CHAPTER 3: TREES AND SHRUBS
SECTION 7301: PURPOSE OF THIS CHAPTER.
The City intends to maintain and exercise full power, authority and jurisdiction
over all trees, plants or shrubs in or growing upon or over any public parkway
street, highway, alley, right-of-way, City -owned property in the City.
SECTION 7302: DAMAGE
It shall be unlawful for any person to fasten anything, including but not limited
to, any animal, guy -rope, guy -line, or contrivance to any tree, shrub, stake, guard
or other plant -protective structure located in any public parkway, median, street,
highway, alley, right-of-way or other City -owned property without prior written
approval of the City's Manager of Field Services.
SECTION 7303: DESTRUCTION
It shall be unlawful for any person to trim, cut, cut down, girdle, remove, break,
injure, deface or destroy any tree or shrub or cut any ornament or improvement on
any public parkway, median, street, highway; alley, sidewalk or right-of-way
within the City without prior written approval of the City's Manager of Field
Services.
SECTION 7304: MAINTENANCE
Except as may otherwise be provided herein, it shall be the duty and
responsibility of every person to water and otherwise maintain in proper and
sightly manner, all trees and shrubbery located in the public parkway located
immediately in front of or along side of property owned by said person.
SECTION 7305: TRIMMING
When the Manager of Field Services determines that any limbs or branches or
other growth on any trees or shrubbery growing in, on or over any land owned by
the City or located in any public parkway, median, street, highway, alley or right-
of-way should be trimmed, the Manager of Field Services may cause such trimming
to be done, or by direction of the City Council may cause directions to perform such
trimming to be given to the property owner in front of or along side of whose
property said trees or shrubbery are located.
SECTION 7306• REMOVAL AND/OR REPLACEMENT
(a) The Manager of Field Services shall be authorized to remove trees which have
been determined to be blighted, diseased or unsafe to the public. Trees removed by
the City will be replaced within a reasonable time by the City with a tree from the
City approved list of trees.
(b) Request from an adjacent property owner for the removal of healthy tree
specimen in the public right-of-way shall be evaluated by the Manager of Field
Services or his designated representative. A healthy tree specimen will not be
removed unless it has caused damage to adjacent property or is determined to be
unsafe.
SECTION 7307• RIGHT OF APPEAL
Any determination of the Manager of Field Services may be appealed, in
writing, to the Director of Public Works.
SECTION 7308• REQUIREMENTS OF PLANTING
Whenever any person shall apply for a building permit for the construction,
reconstruction, remodeling or addition of any structure, with a cost of construction,
reconstruction, remodeling or addition exceeding fifty percent (50%) of the then
assessed value of the then existing improvements upon the property, said plans of
improvement shall show and provide for planting of trees in accordance with the
Master Tree Plan of the City.
SECTION 7309• MASTER TREE PLAN
Trees shall hereafter be planted in the City of Tustin in public parkways,
medians, streets, highways, alleys, sidewalks and right-of-way, in accordance with
the Master Tree Plan adopted by resolution of the City Council.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin,
California, held on the day of , 1991.
ATTEST:
CITY CLERK
2
MAYOR