Ordinance - 1889ORDINANCE NO. 1889
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE, CHAPTER 26, AS IT RELATES
TO THE DESIGNATION OF THE SOUTHERN CALIFORNIA
BLACK WALNUT TREE AS A HERITAGE TREE (AMENDMENT
NO. 244).
WHEREAS, the intent of the existing tree preservation
ordinance is to provide protection for significant trees and
heritage trees, while establishing procedures to encourage their
preservation; and
WHEREAS, since the adoption of the tree preservation ordinance
by the City Council on October 29, 1990, the City has received
requests from the Historical Society of West Covina and the
California Native Plant Society to consider the inclusion of the
indigenous southern California black walnut tree, Juglans
californica, in the tree preservation ordinance; and
WHEREAS, on July 8, 1991, the City Council considered these
requests and in light of the fact that the San Jose Hills area is
the site for one of the last few remaining natural walnut
woodlands, adopted Resolution No. 870811 initiating a possible code
amendment to the tree preservation ordinance; and
WHEREAS, the Planning Commission upon giving the required
notice, did on the 21st day of August, 1991, conduct a duly
advertised public hearing as prescribed by law; and
WHEREAS, the City Council of the City of West Covina
considered evidence presented by the Planning Department, Planning
Commission, and other interested parties at a duly advertised
public hearing on the 9th day of September, 1991,; and
WHEREAS, the oral and documentary evidence considered in
connection with the code amendment reveal the following facts:
1. The tree preservation ordinance serves to further implement
the Environmental Quality Element of the General Plan by
setting policies for the preservation, protection and removal
of the City's natural tree resources; and
2. The southern California black walnut tree, Juglans california,
is endemic to southern California, meaning it is found only in
Southern California with a very limited distribution within
the Los Angeles County area.
3. The California Department of Fish and Game lists the southern
California black walnut forest as a separate natural
community, of which one of the few remaining distributions of
the natives is limited in the San Jose Hills area.
4. Members of the California State Polytechnic University
Department of Biological Sciences, and the California Native
Plant Society note the natural southern California black
walnut woodland groves are being rapidly fragmented and
destroyed by urbanization, and thereby approaching the status
of custodial species.
5. In an effort to protect and preserve the natural, cultural and
historic heritage that the southern California black walnut
tree represents, not only for West Covina but the entire Los
Angeles County area, it is designated as a Heritage Tree in
the Tree Preservation Ordinance.
0681-91/City Council/CCSCBLKW.ALN/em/st
Ordinance
Page 2
September
9, 1991
NOW, THEREFORE, the City Council of the City of West Covina
• does ordain as follows:
SECTION NO. 1: Based on the evidence presented and findings set
forth, Amendment No. 244 is hereby approved as consistent and
serves to further implement the City's General Plan.
SECTION NO. 2: Based on the evidence presented and findings set
forth, Amendment No. 244, Chapter 26, ARTICLE VI. PROCEDURE,
HEARINGS, NOTICES, FEES and CASES are hereby amended to read as
follows:
ARTICLE VI. PROCEDURE, HEARINGS
NOTICES, FEES, AND CASES
Sec. 26-289. Definitions.
(6a) Heritage tree shall mean any tree(s) identified as such by
planning commission resolution upon the commission finding
that the tree or group of trees:
i. Is of historical value because of its association
with a place, building, natural feature, or an
event of local, regional, or national historic
significance;
ii. Is identified on any historic. or cultural resources
survey as a significant feature of a landmark,
historic site, or historic district;
Is representative of a significant period of the
city's development; or
iv. Is designated for protection or conservation in a
specific plan, conditional use permit, precise plan
of design, tract or parcel map or similar
development approval.
,C6ba Heritage tree shall also mean any of the Southern California
black walnut tree species (Juglans californica), located in
the San Jose Hills as found within West Covina's
jurisdictional boundaries.
i. This definition shall not affect those Southern
California black walnut trees located on R-1 and R-A lots
created by any subdivision approved and recorded prior to
the effective date of this ordinance.
ii. Any Southern California black walnut tree located on
those O-S (Open Space) lots created under the density
transfer standards outlined in section 26-703, shall
further be protected under the guidelines contained in
this section.
SECTION NO. 3: It has been determined that this project, which
consists of an action by a regulatory agency to assure the
protection of a natural resource, is categorically exempt pursuant
to Section 15307 (Class 7) of the State CEQA Guidelines and no
Environmental Impact Report or Negative Declaration of
Environmental Impact is required.
SECTION NO. 4: The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published as required
by law.
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•
Ordinance No.
Page 3
September 9,
...
1991
PASSED AND APPROVED this 7th
ATTEST:
l/
City Clerk d'
day of October, -19.91
Mayor
I, hereby certify that the foregoing Ordinance was duly
adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on the 7th day of October,
1991, by the following vote:
AYES: Jennings, Herfert, Manners, McFadden, Tarozzi
NOES: None
ABSENT: None
City Clerk
APPROVED AS TO FORM:
0681-91/City Council/CCSCBLKW.ALN/em/st
J
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
DATED:
Janet Berry, City Clerk
City of West Covina, California
G