LEGAL NOTICES Mountain Views News Saturday, March 15, 2014
B13 LEGAL NOTICES Mountain Views News Saturday, March 15, 2014
B13
City of Sierra Madre
SUMMARY OF ORDINANCE NO. 1303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE AMENDING CHAPTER 12.20 OF THE SIERRA MADRE MUNICIPAL
CODE REGARDING PROTECTED TREES
Pursuant to Government Code section 65595(c), Ordinance No. 1303 amends the City’s existing Chapter 12.20 (“Tree Preservation and Protection”) in order to transfer
the duties of the former Tree Advisory Commission to the new Energy, Environment and Natural Resources Commission and to enhance protection and maintenance of
the urban forest. Ordinance No. 1303 defines trees of specified species and size as “protected trees,” including “legacy trees” and trees planted on City-owned property
and parkways whose trunk exceeds a diameter of four inches as measured at 4 1/2 feet above natural or established grade.
Ordinance No. 1303 regulates the care and maintenance of “protected trees” by
(1) prohibiting the substantial trimming or removal of protected trees without a permit;
(2) specifying procedures for the application and review of a tree trimming or removal permit;
(3) creating exemptions from the permit requirement, including a City staff determination of when a tree is dead or otherwise is deemed an immediate hazard to
persons or property, emergency removal by an overhead utility franchise holder and trimming of encroaching branches from a tree on a neighboring property;
(4) placing a duty on abutting property owners to irrigate and maintain City street trees adjacent to their property and establishing a mitigation matrix for the
number, size and type of replacement trees required in the event of removal of a protected tree;
(5) creating a procedure for designation of a “legacy tree; “
(6) providing a penalty for removal of protected trees from private property and authorizing the Energy, Environment and Natural Resources Commission to
recommend that the Planning Commission impose a five-year prohibition on development entitlement applications in the event that such unpermitted
removal appears to be in furtherance of development;
(7) authorizing the Energy, Environment and Natural Resources Commission to develop a list of tree species prohibited for planting within the City right of way
and in high fire hazard zone;
(8) creating a procedure for staff level approval of a tree removal permit as well as a
procedure for review by the Energy, Environment and Natural Resources
Commission, including an appeal process;
(9) providing for a requirement for replacement tree planting as a mitigation measure for tree removal, as well as other remedies for violation, including
abatement as a public nuisance; and
(10) providing a procedure for the sale of surplus City-owned trees.
On January 28, 2014, the City Council approved Ordinance No. 1303 for first reading. Pursuant to Sections 15307 of the California Environmental Quality Act
Guidelines, Ordinance No. 1303 was determined to be exempt from environmental review as an action by the City Council to assure the maintenance or enhancement of
a natural resource involving procedures for protection of the environment.
The City Council approved a second reading of Ordinance No. 1303 on February 11, 2014. This summary is published pursuant to Government Code Section 36933(c)
(1) and a full and complete copy of the text of Ordinance 1303 is available at the Sierra Madre City Manager’s Office located at City of Sierra Madre City Hall, 232 W.
Sierra Madre Blvd., Sierra Madre, CA.
City of Sierra Madre
ORDINANCE NO. 1353
AN ORDINANCE OF THE CITY OF SIERRA MADRE AMENDING TITLE 8.24 OF THE SIERRA MADRE MUNICIPAL CODE RELATING TO FIREWORKS.
The City Council of the City of Sierra Madre does hereby ordain as follows:
SECTION 1.
Municipal Code Amendment.
Section 8.24.010 of the Sierra Madre Municipal Code is hereby amended in its entirety and restated to read as follows:
SECTION 8.24.010 Fireworks Prohibited. The sale, possession or discharge of all fireworks is prohibited within the city of Sierra Madre.
Exception. Public displays of fireworks conducted by licensed pyrotechnic engineer shall comply with Section 5608 of the California Fire Code
as adopted by the City of Sierra Madre.
SECTION 2.
Municipal Code Amendment. Section 8.24.020 of the Sierra Madre Municipal Code is hereby added to read as follows:
SECTION 8.24 Penalties
1.
Whenever a peace officer charged with the enforcement of any provision of the Municipal Code determines that a violation of this
article has occurred, the peace officer shall have the authority to issue an administrative citation to any person responsible for the violation.
2.
Whenever a peace officer charged with the enforcement of this article determines that a violation of the article has occurred, the peace
officer may issue an administrative citation for each violation found to have occurred.
3. Citations issued pursuant to this article shall carry administrative fines as follows:
a. $250 for the first and subsequent violations of Section 8.24.10 involving the possession of “Safe and Sane” fireworks.
b. $500 for the first and subsequent violations of Section 8.24.10 involving the possession of illegal fireworks as defined in Health and
Safety Code 12500-12728.
c. $500 for violations of Section 8.24.10 involving the discharge of fireworks within the City limits of Sierra Madre.
d. $1000 for violations of Section 8.24.10 involving the discharge of fireworks in a protected fire area.
4. Violations of this article may also be cited as criminal misdemeanor violations.
5.
SECTION 3.
Repeal of Conflicting Ordinances. All existing ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or the
California Fire Code adopted are hereby repealed.
SECTION 4.
Supplementary of Existing Law. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and
federal law and this Ordinance shall be construed in light of that intent.
SECTION 5.
Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed,
approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid
or unconstitutional.
SECTION 6.
Effective Date. This Ordinance shall take effect thirty days following its adoption as provided by Government Code Section 36937.
SECTION 7.
CEQA. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines §15061
(b) (3) as a project that has no potential for causing a significant effect on the environment.
SECTION 8.
Certification. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be processed in the manner required by
law.
PASSED, APPROVED AND ADOPTED this 25th day of February by the following voice vote:
AYES:
NOES:
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