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29 ORDINANCE NO. 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING A COMPREHENSIVE PLAN FOR TREE PLANTING, MAINTEN- ANCE, AND REMOVAL ON PUBLIC STREETS AND PARKWAYS WHEREAS, a comprehensive, uniform and well ordered plan for the planting, maintenance, and removal of trees upon the public streets and parkways will be of great benefit to the City and to the residents thereof, serving both practical and aesthetic purposes; NOW, THEREFORE, the City Council of the City of Grand Terrace DOES ORDAIN AS FOLLOWS: SECTION 1 . Tree Planting on Public Streets and Parkways. a. Only trees designated specifically in Exhibit "A" of this Ordinance may be planted either by developer, contractor, or AM individual home owners. b. All plantings must be done in accordance with specifications indicated in Exhibit "B" of this Ordinance. Soil shall be firmly packed by watering to prevent air pockets. Trees shall be tied using a double stake. Bare root plantings may only be done in December, January, and February. At all other times, only containerized material shall be planted. All plantings shall have a minimum caliper size of one (1 ) inch. Palm trees shall be a minimum size of three (3) feet to the top of the brown. c. Subdividers and contractors may not plant trees in parkways until the adjacent home has water supplied to it. Until the adjacent home is occupied, maintenance of the trees shall remain with the contractor. d. All trees must be guaranteed by the contractor for a period of sixty (60) days after the residence is occupied. e. Trees may not be located nearer than twenty-five (25) feet of the intersecting property line, or prolongation thereof, at the corner of any street intersection. f. It is the intent of this Ordinance to require one (1 ) tree for each lot unless such lot has more than 80 feet frontage. For the latter case, one (1 ) tree for each forty (40) feet or portion thereof shall be planted. Each block must average one (1 ) tree per sixty (60) feet. g. Due to the existence of City street trees, the resulting tree-lined streets provide both aesthetic and monetary value to the property owner; therefore, the care and maintenance of street and parkway trees shall be the responsibility of the adjacent home owner. SECTION 2. Ground Cover/Paving. a. It shall be unlawful , except as provided in the previous section, for any person to plant or cause to be planted any growing thing other than grass and other ground cover in any public street or parkway; ground cover being defined as any non-spiny growth not exceeding 12" in height, and includes certain varieties of low-prostrate junipers that do not exceed the 12" height limit. b. The paving of parkways is prohibited except when a permit has been granted by the City (see Section 6) . c. Where permission for paving in parkways is granted, there shall remain a circular unpaved area and the tree shall be at least two and one-half (2z) feet equidistant from all paving. This area shall either be grass or ground cover as defined in Section 2.a of this Ordinance. See i11ustration'in Exhibit "C". -2- SECTION 3. Tree Removal a. Removal or injury to trees in City streets and Parkways shall be prohibited except for paragraphs 3.b and 3.c. b, Trees may be removed by the home owner only after obtaining a permit (see Section 6). c. A home owner with a validly signed City permit or the City may remove trees that are: (1 ) Diseased, as verified by an agricultural inspector; (2) constituting a traffic hazard; (3) damaging or threatening to damage sidewalks, curbs, gutters, or utility lines upon thirty (30) days prior notice; (4) not in conformity with these adopted specifications; (5) any other purpose consistent with the proper care of the City streets. SECTION 4. Modification of Specifications - In the event that any amendment or repeal of any of these specifications is attempted, the City Clerk shall publish, for thirty (30) days, a notice of a time and place of a hearing and the purpose thereof. Only after this noticed hearing shall this City Ordinance be modified. SECTION 5. Removal Expense - Any removal and/or replacement shall be at the property owner's expense. In the event the City removes and/or replaces trees as per this Ordinance, the City will charge the home owner for such expense. SECTION 6. Permits and Fines a. The City of Grand Terrace shall levy the actual -3- cost of correction against any person violating any part of this Ordinance as a fine. b. The City shall cause to be issued any and all necessary permits to accomplish the provisions of this Ordinance. c. Permit fees shall be established by a resolution of the City of Grand Terrace. SECTION 7. Maintenance. a. All maintenance and pruning shall be the responsibility of the adjacent home owner. b. The trees and ground cover shall be maintained so as not to constitute a hazard. c. Trees on local residential streets shall be pruned ten (10) feet from the top of the curb. Trees on arterial and major streets shall be pruned fourteen (14) feet from the top of the curb. Owners are encouraged to seek guidance toward proper pruning. (See Exhibit "C" for illustration. ) SECTION 8. Effective Date - This Ordinance shall take effect thirty (30) days after its adoption. SECTION 9. Posting - The City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council . SECTION 10. First read at a regular meeting of the City Council of said City held on the 6th day of December, 1979, and finally adopted and ordered posted at a regular meeting of said City Council on the 20th day of December, 1979. -4- Tthe City of Grand Terrace an City Council thereof. ATTEST: City Clerk f the City of Grand Terrace and of the City Council thereof. MEN (SEAL) Approved as to Form: Ci ttorney -5- STATE OF CALI.FORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at the organization meeting of the City Council held on the 20th day of December , 1979, and that it was so adopted by the following vote: AYES: Councilmen Tillinghast, Erway, Allen, Grant; Mayor Petta NOES: None ABSENT: None City Clerk of the City of Grand Terrace and of the City Council thereof. (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY, that the above and foregoing is a full , true and correct copy of Ordinance No. 29 of said City Council and that the same has not been amended or repealed. DATED: December 20, 1979 City Clerk of the City of Grand Terrace and of the City Council thereof. (SEAL) AM EXHIBIT "A" ORDINANCE NO. 29 ADOPTED December 20, 19 List of Approved Trees 1 . Arecastrum Romanzoffianum Cocos Palm 2. Cupaniopsis Anacardioides Carrotwood 3. Eucalyptus Sideroxylon Rosea Red Iron Bark 4. Fraxinus Uhdei "Tomlinson" Tomlinson's Ash 5. Ginkgo Biloba (Fastigiate Male) Maidenhair Tree 6. Koelreuteria Bipinnata Goldenrain Tree 7. Lagerstroemia Indica Crape Myrtle 8. Liquidambar Styraciflua Cv. American Sweetgum 9. Magnolia Grandiflora Cv. Southern Magnolia 10. Pinus Canariensis Canary Island Pine 11 . Pinus Pinea (with pot) Italian Stone Pine 12— Pistacia Chinensis Chinese Pistachio 13. Plantanus Acerifolia London Plan Tree 14. Quercus Ilex Holly Oak 15. Quercus Virginia Louisiana Live Oak 16. Trachycarpus Fortunei (Excelsa) Windmill Palm 17. Washington Filifera California Fan Palm 18. Washingtonia Robusta Mexican Fan Palm EXHIBIT "B" ORDINANCE NO. 29 ADOPTED December 20 , 19 • � � �Q//FS' i I Tjr- • Nursery soil line 2 k21#Wg1 2CDwooO HEART CEDAR oR re&ATe.D / Basin twice diameter of Loa6� R�Le pu�E ' root ball Ice- Ground Line _ •' rf 21 GRAM rL'K I Ixom •� SO16 I I �L 'o': .'v: ' :78�0 1LIPJ{L. JOII.� 4• � i ` /1 � ��, � � 30' MIN '301I FIGURE 1 FIGURE II Non-Bare Root Planting Bare Root Planting and Tree staking EXHIBIT "C" ORDINANCE NO. 29 ADOPTED December 2% 19 Jf •O - - W � o � D h - �, e vTTE.P sivEf✓�iK- .: e III. IR'y II7101 _ NOTE: Street trees are to be trimmed 2 5 „� 2.5 iN1�i✓ to 14' above curb for major or arterial streets and to 10' above curb for local or residential streets. TREE TRIMMING HEIGHTS cv eB AWO GUTrE.e TREE LOCATION IN PAVED PARKWAYS