City of Culver City, California
Agenda Item Report
Meeting Date: 06/10/2013 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Introduction of an Ordinance Amending Chapter
9.08, Streets and Sidewalks, and Chapter 9.10, Parks, Public Buildings and
Property, of the Culver City Municipal Code, by Adding a New Subchapter 9.08.200,
et seq., and Repealing and Reserving Sections 9.10.025, 9.10.030 and 9.10.040,
Relating to Tree Removal.
Contact Person/Dept.: Helen
Kerstein/PW
Phone Number: (310) 253-5618
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-mail) Meetings and Agendas – City Council (06/05/13);
(Published) Culver City News (06/06/13); (E-Mail) Environmental Listserv (06/06/13); (E-
mail) Audubon Society (06/06/13); (E-mail) Ballona Creek Renaissance (06/06/13).
Department Approval:
Charles D. Herbertson (05/29/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/05/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/05/13)
City Manager Approval:
John M. Nachbar (06/05/13)
RECOMMENDATION:
Staff recommends the City Council introduce an ordinance amending Chapter 9.08,
Streets and Sidewalks, and Chapter 9.10, Parks, Public Buildings and Property, of
the Culver City Municipal Code, by adding a new Subchapter 9.08.200, et seq., and
repealing and reserving Sections 9.10.025, 9.10.030 and 9.10.040, relating to tree
removal.
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BACKGROUND:
On May 28, 2013, the City Council considered the introduction of an ordinance
relating to tree removal regulations and parkway planting standards. The City
Council directed staff to bifurcate the ordinance in order to allow the tree removal
and parkway components to be considered separately. The City Council asked staff
to bring the tree removal portion of the ordinance back for consideration at the
earliest available opportunity, but to hold one or more community meetings or
workshops prior to returning with the parkway standards. Tonight, staff is returning,
as requested, with the introduction of the ordinance related to the process for tree
removals.
City of Culver City, California
Agenda Item Report
DISCUSSION:
The City of Culver City’s trees contribute enormously to the quality of life of the
community. Yet for all the benefits the City’s trees provide, there are times when
they pose hazards or create hardships and, thus, their removal is in the best interest
of the City and the public health, safety, and welfare.
The Public Works Director/City Engineer (Director) is charged with overseeing the
City’s trees and determining whether a tree should be removed. The Director’s
decision is based on the criteria outlined in the Culver City Municipal Code (CCMC).
The existing provisions of the CCMC specify that the applicant for a tree removal
bears the burden of proof to demonstrate the reasons for removal by a
preponderance of evidence. It requires a number of factors to be considered,
amongst other things, when the Director evaluates tree removal requests and also
states that the applicant must show by demonstrable evidence that the alleged
damage to private property caused by the tree in question is at least $5,000. This
requirement often precludes the Director from recommending removal of a tree that
may otherwise merit removal.
It has become clear in recent years that these provisions are in need of updating in
order to ensure that the CCMC provides clear guidance to the Director and also
provides some flexibility so that the Director may exercise his judgment and
expertise.
The proposed ordinance is intended to fulfill this need. It consolidates and simplifies
the criteria for tree removals, eliminates redundant language, reorganizes and
relocates the relevant sections to improve clarity, and specifies which criteria are
sufficient to merit removal individually and which should be considered in
combination. It also eliminates the following requirements for tree removals: 1) that
the applicant bear the burden of proof by preponderance of evidence, 2) that the
Public Works Director make a declaration on the costs of alternatives, and 3) that
$5,000 in damage to private property be documented. Finally, the proposed
ordinance contains a procedure for removals that are necessary for the construction
of a private improvement project, which was a critical omission in the past.
Together, these changes should provide the Director with the flexibility to determine
holistically whether it is in the best interest of the City to remove the tree or not, while
simultaneously providing a sufficiently well-defined framework for making these
decisions.
FISCAL ANALYSIS:
Staff does not believe that the proposed changes will result in a significant increased
burden on staff. The proposed changes to the criteria for tree removals will provide
the Director with more discretion to approve some tree removals, but will not be City of Culver City, California
Agenda Item Report
likely to significantly change the number of requests that are received. The Fiscal
Year 2013/2014 fee schedule includes fees for tree removal applications and
appeals ($75 each). These fees are intended to offset the staff time associated with
processing applications and appeals.
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Introduce an ordinance amending Chapter 9.08, Streets and Sidewalks, and
Chapter 9.10, Parks, Public Buildings and Property, of the Culver City Municipal
Code, by adding a new Subchapter 9.08.200, et seq., and repealing and
reserving Sections 9.10.025, 9.10.030 and 9.10.040, relating to tree removal.
MEETING DATE: 06/10/2013
AGENDA ITEM: Introduction of an Ordinance Amending Chapter 9.08, Streets
and Sidewalks, and Chapter 9.10, Parks, Public Buildings, and Property, of the
Culver City Municipal Code, by Adding a New Subchapter 9.08.200 et seq., and
Repealing and Reserving Sections 9.10.025, 9.10.030, and 9.10.040, Relating to
Tree Removal.
ATTACHMENTS
Pages
1 Proposed Ordinance
1-9
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