Title
Ordinance relating to the temporary limitation on removal of any protected oak tree within the City of Long Beach; declaring the urgency thereof; and declaring that this ordinance shall take effect immediately.
Discussion
On June 22, 2004, the City Council adopted a minute order requesting that the Planning Commission undertake a study as a precursor to adopting an ordinance that would seek to preserve Oak trees in the City that are of historical significance. Pending the Planning Commission study, the City Council has requested that the City Attorney prepare an interim (moratorium) ordinance that would preserve the status quo until the study has been completed.
The attached ordinance creates a moratorium for a period of one year while the Planning Commission study is undertaken. The ordinance prevents the destruction or removal of all Oak trees in the City that were listed on the National Register of Historic Trees as of June 22,2004, as well as any tree that is declared by the Cultural Heritage Commission to be of historical significance after June 22, 2004.
Although the destruction or removal of the above described category of Oak trees would be prohibited during the moratorium period, the ordinance would permit the trimming or pruning of the subject trees provided that a
property owner first obtain a permit to do so from the Director of Planning and Building, with the recommendation of the Planning Commission. In order to obtain a permit, the applicant would be required to submit a certified report from a recognized expert in tree care that would, among other things, demonstrate that any trimming or pruning of the tree could be accomplished without substantially endangering the health of the tree in question. In addition, any permit issued by the Director would be required to include a mitigation plan that would provide for the care of the tree both during and after pruning or trimming activity. Further, any pruning would be required to be supervised by a certified arborist.
The draft ordinance has been prepared as an "urgency" measure as prescribed in Section 211 of the City's Charter. If adopted, the ordinance would become effective immediately in order to preserve the status quo and to insure that protected trees are not destroyed during the proposed study period.
Timing Considerations
[Timing Considerations]
Fiscal Impact
[Fiscal Impact]
SUGGESTED ACTION
Declare ordinance read, adopted as read.
Body
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH RELATING TO THE TEMPORARY LIMITATION ON REMOVAL OF ANY PROTECTED OAK TREE WITHIN THE CITY OF LONG BEACH; DECLARING THE URGENCY THEREOF; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
Respectfully Submited,
[Respectfully Submited,]