TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Stephanie Katsouleas, Public Works Director
Ernest Area, Urban Forester
SUBJECT:Title
Consider Second Reading to Adopt Ordinance No. 20-0009 Amending Manhattan Beach Municipal Code Chapter 7.32 - Tree, Shrub and Plant Regulations and Ordinance No. 20-0010 Amending Chapter 7.36 - Private Use of the Public Right of Way (Public Works Director Katsouleas).
a) ADOPT ORDINANCE NO. 20-0009 AMENDING 7.32
b) ADOPT ORDINANCE NO. 20-0010 AMENDING 7.36
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council conduct a second reading and adopt Ordinance No. 20-0009 amending Manhattan Beach Municipal Code (MBMC) 7.32 - Tree, Shrub and Plant Regulations and Ordinance No. 20-0010 amending MBMC 7.36 - Private Use of the Public Right of Way.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with adopting Ordinance Nos. 20-0009 and 20-0010.
BACKGROUND:
The attached ordinances amending Chapters 7.32 and 7.36 of the Manhattan Beach Municipal Code (MBMC) were introduced on July 7, 2020. The provisions of Section 7.32 cover enforcement, permitting, maintenance, abuse, public nuisance, planting, and protection of trees in the public right-of-way (ROW). The provisions of Section 7.36 establish the guidelines for how the unimproved ROW (e.g., encroachment areas) can be used by adjacent property owners, inclusive of permitting, encroachment standards, walk street, drive street and El Porto standards, sidewalk dining, and long-term commercial use.
DISCUSSION:
The proposed amendments to Chapter 7.32 primarily serve to clarify some of the requirements and conditions for, as well as to provide clear regulations regarding tree and root management, assessment and replacement. The most significant changes proposed are to Section 7.32.080(C). Tree Pruning, Root Pruning, Tree Removal and Tree Replacement.
Similarly, the proposed amendments to Chapter 7.36 provide additional clarifying language to a few sections of the chapter and improve consistency with other associated sections of the MBMC.
Staff recommends that City Council adopt Ordinance No. 20-0009 amending Chapter 7.32 and Ordinance No. 20-0010 amending Chapter 7.36 of the Manhattan Beach Municipal Code.
PUBLIC OUTREACH:
No public outreach has been conducted for the amendments to Section 7.32 - Tree, Shrub and Plant Regulations, Section 7.36 - Private Use of the Public Right of Way. However, based on City Council direction provided on July 7, 2020, staff will develop an outreach plan to better inform homeowners of their responsibilities relative to the adjacent public right-of-way.
ENVIROMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has approved the ordinances as to form.
ATTACHMENTS:
1. Ordinance No. 20-0009 - Amending 7.32
2. Ordinance No. 20-0010 - Amending 7.36