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HomeMy WebLinkAboutOrd. No. 1999-1044 ORDINANCE NO. 1044 AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.78 TO TITLE 5 OF THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING A PROGRAM TO PROTECT AND PRESERVE THE CITY'S SIGNIFICANT PALM TREES _ WHEREAS, certain significant palm trees growing within the City of Lake Elsinore ("City") are natural aesthetic resources which help define the history and character of the City; and WHEREAS, these "Significant Palms" (as hereinafter defined) are worthy of protection in order to preserve the natural environment and to protect the City's plant life heritage for the benefit of all citizens; and WHEREAS, Significant Palms are unique because of their age, size and beauty and their relative abundance adds distinction and character to certain neighborhoods within the City and general benefit to the entire community; and WHEREAS, it is pertinent to the public peace, harmony and welfare that Significant Palms be protected from indiscriminate and unauthorized damage, removal or destruction in order to provide for ecological purposes, as well as for the preservation of the natural beauty that Significant Palms contribute to the City; and WHEREAS, private contractors have recently purchased and removed a number of Significant Palms within the City limits for relocation outside the City limits, posing an immediate and ongoing threat to the public peace, health and safety, and requires the passage of this Urgency Ordinance; and WHEREAS, in order to prevent further loss of Significant Palms, ~e City finds it necessary to place reasonable restrictions on acts of their removal, destruction and!relocation. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That new Chapter 5.78 be, and the same is hereby, added to Title 5 of the Lake Elsinore Municipal Code to read as follows: Chapter 5.78 5.78.010 PURPOSE. - The purpose of this Chapter 5.78 is to provide a mechanism to regulate the removal, destruction and relocation of Significant Palms within the City limits. In adopting this Chapter 5.78, the City's primary concern is that removal, destruction and relocation of Significant Palms is likely to have an adverse affect upon the surrounding environment. Past removal and destruction of Significant Palms within City limits has not only interfered with the natural scenic beauty of the City, but also greatly diminishes the ecological and historic value of these living monuments, while also posing a risk to public safety through the use of heavy machinery and unnoticed earth moving activity. The City Council finds and determines that the public health, safety, and welfare will be promoted by the preservation of Significant Palms for the following reasons: .010 Significant Palms are an impOliunt source of food for larger native and non-native bird species; .020 Significant Palms provide nesting areas and/or nesting materials for birds which, in turn, consume significant amounts of insect pests; PalmTreeOrd2.40 14.000 I 04/08/99 .030 Significant Palms are effective in aesthetically enhancing the community; .040 In several locations, many of the City's oldest Significant Palms constitute significant living reminders of the City's rich historical heritage; .050 Significant Palms collect dust and solids from the air which are washed to the ground by rainfall; and .060 The age of Significant Palms enable them to better survive extremes of weather and periods of drought than most plants of a similar size. For the foregoing reasons and in accordance with the mandate of the State set forth in Section 65560 of the Government Code requiring open space planning, the City, in order to preserve and protect the best interest of its citizens, does enact this Chapter 5.78. 5.78.020 DEFINITIONS. The following words shall have the meaning ascribed to them, unless otherwise noted: "Drip Line" means a line which may be drawn on the ground around a Significant Palm directly under the outermost frond tips and which identifies that location where rainwater tends to drip from the Significant Palm. "Remove" and "removal" means any direct or indirect action that substantially impairs the health and/or aesthetic qualities of a Significant Palm, including (without limitation) the physical removal of a Significant Palm, or causing the death of a Significant Palm as a result of damaging the trunk, topping/removing the crown, or poisoning. "Significant Palm(s)" means the species of the Family Palmaceae set forth hereinbelow which, unless specifically provided otherwise, exceed five (5) feet in height measured from the ground at the base of the truck to the base of the crown: 1. Phoenix Canariensis (Canary Island Date Palm); 2. Washingtonia Filifara (California Fan Palm); 3. Washingtonia Robusta (Mexican Fan Palm) in excess of twenty-five (25) feet in height measured from the ground at the base of the trucnk to the base of the crown; 4. Trachycarpus (Windmill Palm); 5. Chamaerops (Mediterranean Fan Palm); 6. Phoenix Reclinata (Senegal Date Palm); 7. Butia Capitata (Pindo Palm); 8. Phoenix Roebelenii (Pygmy Palm). 5.78.030 PERMIT REQUIRED. No Significant Palm growing within the City limits may be removed or relocated unless and until a permit has first been obtained from the office of the Director of Community Services. 5.78.040 PERMIT APPLICATION. An application for permit required by this Chapter 5.78 to remove or relocate any Significant Palm within the City shall be filed with the Director of Community Services, together with an application fee. The application fee shall cover the costs of processing and administering the application and shall be established by resolution of the City Council. The application shall be submitted with a report which shall include: PalmTreeOrd2.4014.000 2 04/08/99 .010 the acknowledged written permission from the record land owner notarized and on such form as prescribed by the City and verified by the Director of Community Services; .020 [intentionally left blank]; - .030 the location of all Significant Palms and each Significant Palm proposed to be removed or relocated on a plan or map survey with a certified engineer's/surveyor's report identifying (i) the property by street address and assessor's parcel number, (ii) the centerline of the street, (iii) the monuments establishing the property line, and (iv) the distance between each Significant Palm and the property line; .040 the identification of each Significant Palm by species and approximate, height and spread; .050 photographs of the Significant Palm to be removed or relocated; .060 the proposed manner of removal, the proposed equipment to be utilized for removal and the planned truck/equipment route; .070 the species, number, and size of any proposed replacement palm trees shall be designated; .080 the health of any Significant Palm declared diseased or dying shall be verified by a written report of a certified Arborist; and .090 if a Significant Palm is proposed to be relocated to another location on the same property or within the City, then the relocation site shall be identified and site preparation and relocation methods described. 5.78.050 PERMIT PROCEDURES; CONDITIONS. The Director of Community Services shall approve, conditionally approve or deny the application to remove or relocate any Significant Palm. The Director of Community Services shall require, for any permitted activity, that Applicant: .010 operate only during City Hall hours; .020 appropriate protection of all underground utilities prior to any activity; .030 backfill and compact all holes to grade level in accordance with City standards and remove all cut fronds; .040 arrange proper traffic control measures and approvals for operation in City streets or right of ways; .050 make the issued City permit available for review on-site during activity operations; .060 post a sign as prescribed by the City on each significant Palm to be removed or relocated not less than seven (7) days prior to such removal/relocation. .070 that removed Significant Palms are relocated within the City and/or are replaced with tree(s) of like species and quantity and of commensurate aesthetic value as determined by the Director of Community Services. The Director of Community Services may impose conditions deemed necessary to preserve and protect the health of Significant Palms relocated to another site on the same property or within the City by requiring the Applicant to provide documentation demonstrating: PalmTreeOrd2.4014.000 3 04/08/99 .070 that the environmental conditions ofthe new location are favorable to the survival of the Significant Palm and there is a reasonable probability that the Significant Palm will survive its relocation; .080 that such relocation is accomplished by qualified personnel under the supervision of the Director of Community Services, or his/her designee; and Further, the Director of Community Services may impose measures to preserve and protect - the health of new palm trees planted to replace those removed or relocated. Such measures may include but not be limited to: .090 erection of temporary or permanent protective devices around the new palm tree(s) so that no substantial impairment or removal of the structure or feeder roots occurs; and .110 that no fill material be placed within three feet from the outer trunk circumference of any new palm tree( s) or within the Drip Line of any palm tree in excess of eighteen inches in depth. 5.78.060 PERMIT ISSUANCE OR DENIAL. The following criteria shall be considered where applicable in evaluating applications for issuance of permits required by this Chapter 5.78: .010 necessity to remove the Significant Palm because its continued existence at such location prevents the reasonable development of the subject property; .020 the Significant Palm shows a substantial decline from a condition of normal health and vigor, and restoration, is not advisable, through appropriate and economically reasonable preservation procedures and practices; .030 due to an existing and irreversible adverse condition of the Significant Palm, the Significant Palm is in danger of falling; .040 the presence of the Significant Palm interferes with, or is damaging to, the site line of the motoring public, utility services and roadways, walkways, foundations, drainage or other existing structures, within or without the subject property and the only reasonable alternative is the relocation and/or replacement of the Significant Palm. .050 the topography of the land and the effect of the Significant Palm removal on erosion, soil retention, and the diversion or increased flow of surface waters; .060 the number and/or location of Significant Palms existing on the property and the effect of Significant Palm removal upon aesthetic and property values and enjoyment of the general public; and .070 good forestry practices, i.e., the number of healthy Significant Palms that a given parcel of land will support. 5.78.070 EXEMPTIONS. A permit is not required to remove or relocate a Significant Palm under the following circumstances: .010 [intentionally left blank] .020 Significant Palms damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by a peace officer, fireman, or code enforcement officer in their official capacity; PalmTreeOrd2.40 14.000 4 04/08/99 .030 when removal is determined necessary by fire department personnel actively engaged in fighting a fire; and .040 Significant Palms planted, grown and/or held for sale as part of a licensed nursery business. 5.78.080 APPEAL. - Any applicant aggrieved by any decision made by the Director of Community Services on an application filed pursuant to the provisions of this Chapter 5.78, may appeal such decision to the City Manager. Such appeal must be submitted to the Office of the City Manager in writing within ten (10) days of the decision ("Notice of Appeal"). The Notice of Appeal shall state briefly the grounds of the appeal and be signed by the applicant. Within ten (10) days after the hearing, the City Manager shall give written notice of the decision to the appellant. The decision of the City Manager shall be final. 5.78.090 LICENSES; PERMITS; SECURITY. All contractors, or anyone removing or relocating a Significant Palm shall have a valid business license from the City and a valid California landscape contractor's license, and shall obtain all applicable permits from the City and/or any public entity exercising jurisdiction over the activity and/or the property, including (without limitation) an oversized load permit or encroachment permit. In addition, the Director of Community Services may require that insurance and/or adequate security be provided as deemed necessary and appropriate for the protection of the public. SECTION 2: SEVERABILITY The City Council hereby declares that should any section, paragraph, sentence or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3: SAVINGS CLAUSE Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4: ENVIRONMENTAL FINDINGS That in accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.), and procedures adopted by the Agency relating to environmental evaluation of public and private projects, the City Council has independently considered the preservation program established by the adoption of this Ordinance and finds and determines that: - 1. Pursuant to Section 15308 of the CEQA Guidelines, this Chapter 5.78 represents actions taken by the City, acting as a regulatory agency, to assure the maintenance, enhancement, and protection of the environment by the adoption this Ordinance setting forth procedures for protection of the environment. Therefore, this Ordinance is exempt from the provisions of CEQA pursuant to a "Class 8" categorical exemption. 2. Pursuant to Section 15301 of the CEQA Guidelines, this Chapter 5.78 sets in place permitting procedures on existing landscaping, involving negligible or no expansion of use beyond that previously existing at the time of the adoption of this Ordinance. Therefore, this Ordinance is exempt from the provisions of CEQA pursuant to a "Class 1" categorical exemption. Pa1mTreeOrd2.40 14.000 5 04/08/99 SECTION 5: URGENCY. F or the immediate preservation of the public peace, health and safety this Ordinance shall take effect immediately upon passage by a four-fifths vote of the City Council. INTRODUCED, PASSED AND ADOPTED this ~ day of Apr; 1 following roll call vote: , 1999, upon the - AYES: COUNCILMEMBERS: BRINLEY, PAPE, METZE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ATTEST: ?5JL~ ~ Vicki Lynn Kasad, City Clerk PalmTreeOrd2.40 14.000 6 04/08/99 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Urgency Ordinance was introduced and read by title only and approved on the 8th day of April, 1999, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, METZE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE iclL V I VICKI KA~Y CLERK CITY OF LAKE ELSINORE - (SEAL ) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1044 of said Council, and that the same has not been amended or repealed. ~fED: March 28, 2000 o~y I VICKI ~~ CLERK CITY OF LAKE ELSINORE (SEAL)