306 ORDINANCE NO. 306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA AMENDING SECTION 4.56.010 (PERMIT FEE)
OF CHAPTER 4.56 (STREET AND PARKWAY TREE PERMITS) OF
TITLE 4 (COMPREHENSIVE FEE SCHEDULES, FINES AND TAXES);
AND AMENDING SECTION 12.28.140 (MAINTENANCE AND PRUNING)
AND SECTION 12.32.060 (TREES AND PLANTS) TO TITLE 12
.(STREETS, .SIDWALKS AND PUBLIC PLACES) OF THE GRAND
TERRACE MUNICIPAL CODE RELATING TO STREET TREES
WHEREAS, California Streets and Highways Code Section Division 2.5 charges
every City legislative body to do any and all things necessary to lay out, acquire, and
construct any section or portion of any street or highway within its jurisdiction.
WHEREAS, in 1978, the City Council of the City of Grand-Terrace amended the
Municipal Code with the adoption of Ordinance No. 1 adopting Title 12 (Streets,
Sidewalks and Public Places);
WHEREAS, in 1979 the City Council of the City of Grand Terrace amended the
Municipal Code with the adoption of Ordinance No. 29 adopting Chapter 12.28 (Street
f
and Parkway Trees);
WHEREAS, in 1982 the City Council of the City of Grand Terrace amended the
Municipal Code with the adoption of Ordinance No. .62 adopting Chapter 12.32
(Conduct of Public Property-Parks);
WHEREAS,, the City Council of the City of Grand Terrace desires to bring
consistency to the Code with an updated ordinance governing street tree maintenance.
NOW THEREFORE, it is hereby found, determined, and ordained by the City
Council of the City of Grand Terrace, as follows:
SECTION 1. FINDINGS The City Council finds that all the facts, findings, and
conclusions set forth above in this Ordinance are true and correct.
SECTION 2. AMENDING Subsection "A" of Section 4.56.010 (Permit Fee) of
Chapter 4.56 (Street and Parkway Tree Permits) of Title 4 (Comprehensive fee
schedules, fines and taxes) is hereby amended to read as follows:
A. Trees in City streets and parkways may only be removed, planted, cut,
pruned or transplanted by the homeowner under certain circumstances as
provided in section 12.28.100 and only after obtaining a permit from the
city.
Ordinance No.306 Page 1 of 3 September 12, 2017
SECTION 3. ALSO AMENDING Section 12.28.140 (Maintenance and Pruning)
of Title- 12 (Streets Sidewalks and Public Places) is hereby amended to read as
follows:
A. All maintenance and pruning shall be the 'responsibility of the adjacent
homeowner; however only after obtaining an encroachment permit from Public
Works.
B. The trees and ground cover shall be maintained so as not to constitute a
hazard and in addition, to avoid interference with vehicular or pedestrian use of
streets and sidewalks, the property owner shall be. required to maintain trees
and shrubbery in such a manner so as not to encroach into or over any
adjacent sidewalk or street. Absent special circumstances and approved by the
City, encroachment is defined as a minimum of eight feet of clearance above
any sidewalk and 15 feet above any street. No permit is required to remove the
hazard or correct the encroachment.
SECTION 4. 'ALSO AMENDING Section 12.32.060 (Trees and Plants) ,of
Title 12 (Streets Sidewalks and Public Places) is hereby amended to read as follows:
It is unlawful, as provided in Section 12.32.020, for any person to, without a
city permit, damage, cut, prune, carve, burn, transplant or remove any tree or plant
or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any
person attach any pole, wire or other contrivance to any tree or plant. No person
shall dig in or otherwise disturb or in any way injure or impair the natural beauty or
usefulness of any park area.
SECTION 5. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the
CEQA guidelines, and the City's environmental procedures, and has been found to be
exempt pursuant to Section 15301(Class 1), which exempts the permitting, repair,
maintenance, or minor alteration of existing public or. private structures, facilities,
.mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that existing at the time of the determination. The installation of minor
encroachments would be considered a negligible expansion of use. Therefore, the City
Council hereby finds that the passage of this Ordinance will not have a significant effect
on the environment.
SECTION 6. INCONSISTENCIES. Any provision of the Grand Terrace Municipal
Code or appendices thereto that are inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, is hereby repealed or modified to
the extent necessary to effect the provisions of this Ordinance.
SECTION 7. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
�— other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause,or application; and to this end, the provisions of this
Ordinance No. 306 Page 2 of 3 September 12, 2017
ordinance are declared to be severable.
SECTION 8. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall
certify to the adoption of this Ordinance and cause it to be published in a newspaper of
general circulation within the City of Grand Terrace, pursuant to all legal requirements.
This ordinance shall become effective thirty (30) days from and after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of t h e C i t y
o f Grand Terrace at a regular meeting held on the 12th day of September, 2017.
D6rcy aboe
M yor
ATTEST:
L
.Debra Thomas
City Clerk
Approved as to
Richard L. Adams, II
City Attorney
Ordinance No. 306 Page 3 of 3 September 12, 2017
STATE.OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HERBY CERTIFY that the foregoing Ordinance, being Ordinance No. 306 was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, at the regular meeting of said City Council held on the
12th day of September, 2017, and that the same was passed and adopted by the
following vote:
AYES: Council Members Hussey, Reinarz, Hussey; Mayor Pro Tem
Robles
NOES: Council Member Wilson; Mayor McNaboe
ABSENT. None.
ABSTAIN: None.
r Executed this 13th day of September, 2017, at Grand Terrace, California.-'
Debra L. Thomas, City Clerk- -
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