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Home My WebLink AboutOrd. No. 2008-1256 n r o ORDINANCE NO. 1256 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION WHEREAS, it is recognized that the preservation of trees enhances the natural scenic beauty, sustains the long-term potential increase in property values which encourage quality development, maintains the ecology, provide a tempering effect to extreme temperatures, increases the attractiveness of the City to visitors, help reduce soil erosion, and increases the oxygen output of the area which is needed to combat air pollution; and WHEREAS, in order to promote the health, safety, and general welfare, to preserve and protect significant historical heritage values, to enhance the beauty of the City, and to complement and strengthen zoning, subdivision and land use standards and regulation, the City Council seeks to establish certain standards for the preservation and protection of trees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 5.80 of the Lake Elsinore Municipal Code is added as follows CHAPTER 5.80 TREE PRESERVATION 5.80.010 Definitions "Landscape Guidelines" means the Lake Elsinore Landscape Guideline on file in the City's Community Development Department. "Park trees" means trees, shrubs bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. "Street trees" means as trees, shrubs bushes, and all other woody vegetation on land lying within the'City right of way between property lines on either side of all streets, avenues or ways within the City. "Top" or "topping" mean the severe 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 and disfigure the tree. n ~ n 5.80.020 Creation and Establishment of City Tree Committee There is hereby created and established a City Tree Committee for the City of Lake Elsinore, California which shall consist of the City Manager and one or more of the following employees assigned by the City Manager: Director of Public Works, Director of Community Services Director, City Park Supervisor, and/or Public Works Manager. 5.80.030 Duties and Responsibilities It shall be the responsibility of the City Tree Committee to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks and in the public right-of-way. 5.80.040 Street Tree Species to be Planted The official street tree species list for the City of Lake Elsinore shall be the list identified in the Landscape Guidelines. No species other than those included in this list may be planted as street trees without written permission of the City Tree Committee. 5.80.050 Spacing The spacing of street trees shall be in accordance with the Landscape Guidelines. 5.80.060 Distance from the Curb and Sidewalk The distance street trees may be planted from curbs or curb lines and sidewalks shall be in accordance with the Landscape Guidelines. 5.80.070 Distance from Street Corners The distance street trees may be planted from street corners shall be in accordance with Landscape Guidelines. 5.80.080 Utilities No street trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. 5.80.090 Public Tree Care The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs in City parks and within the City right-of-way as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. n I: n The City Tree Committee may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. 5.80.100 Tree Topping It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Committee. 5.80.110 Pruning, Corner Clearance Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Such owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign. 5.80.120 Dead or Diseased Tree Removal The City hereby declares that dead or diseased trees on private property within the City constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. Such dead or diseased trees are a public nuisance and shall be subject to removal pursuant to Chapter 8.18 and/or Chapter 8.32. 5.80.130 Removal of Stumps All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. 5.80.140 Arborist License and Bond It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a City Business License. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. r n ~ SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 28th day of October, 2008. ~ ATT~J?c1~/ CAR COWLEY . INTERIM CITY CLERK APPROVED AS TO FORM: n ~ n STATE OF CALIFORNIA COUNTY OF RIVERSUDE CITY OF LAKE ELSINORE ) )ss. ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore,. California, hereby certify that the foregoing Ordinance No. 1256 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 14th day of October 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 28th day of October, 2008, by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSENT: None ABSTAIN: None ~d~ C OL CO LEY INTERIM CITY CLERK