For the purpose of this chapter, the following terms shall have the meanings set forth herein:
Alter
means to change the appearance by trimming/removing branches from a tree to amount to more than 25% of the original tree mass within one year.
Community forest
means a collection of trees in and around the city including park and street trees on public property, and yard trees on private property.
Drip line
means the outermost branches of a tree canopy.
Excavate
means the transfer of any quantity of soil, rocks or any subsurface material from one location to another.
Landmark tree(s)
means any tree on public property which is designated by the city council to be particularly valuable due to its species, condition and/or age, or due to its cultural or historical significance. Landmark trees may be located within parks or streetscape corridors. On private property, trees are voluntarily nominated by the property owner.
Landscape material
means any plant material (trees, shrubs, vines, turf, etc.).
Maintain
means to prune, trim, fertilize, irrigate, or treat for injury in a manner which will prolong the life span of the tree.
Median
means the raised area of varying width and length within a street and public right-of-way which is not used for vehicular traffic.
Parkway
means the area lying between the back of the curb and the public right-of-way property line, or area contained within a landscape or tree easement.
Street tree
means any tree having a single main stem or multitrunks which is planted in a parkway or median (public right-of-way) or a tree easement.
Tree easement
means an area either dedicated by an adjacent property owner or a landscape setback required as a condition of development.
Xeriscape
means the integration of drought tolerant trees, shrubs, vines and groundcovers, with effective landscape and irrigation design, suitable soils, climate and water management technology.
(Ord. No. 93-20, § 2, 12-20-93)
The parks, recreation facilities and parkways commission, or the city council on appeal, shall determine:
(a) 
The aesthetics and appropriateness of all tree plantings and landscape plans within public right-ofway/tree easement projects;
(b) 
Master street tree list;
(c) 
Streetscape and median development guidelines;
(d) 
Landmark tree nominations for adoption by the city council;
(e) 
Landmark tree removals; and
(f) 
Unusual or unforeseen circumstances affecting the goals and policies of this chapter, but not specifically addressed herein.
(Ord. No. 93-20, § 2, 12-20-93)
No person shall install, replace, or alter any tree located within city medians, parkways or tree easements, without first obtaining a permit as specified in this chapter.
(Ord. No. 93-20, § 2, 12-20-93)
(a) 
An application for a permit for tree installation, removal or alteration of public trees (trees located within medians, parkways, rights-of-way or tree easements) shall be submitted to the public services department on a form approved by the department.
(b) 
In the event that it becomes necessary, in the judgment of the director of public services, to remove public right-of-way trees because of root systems doing damage to public streets, curbs, gutters and sidewalks or for reasons which, in the judgment of the public services department, constitutes a public nuisance or an undue and unreasonable exposure to liability for injuries to persons and property or, where the tree is dead or diseased, said trees may be removed. Before said trees are removed, the parks, recreation facilities and parkways commission shall provide recommendations and findings to the director of public services. The decision by the director in this subsection may be appealed to the city council as provided in Chapter IX, Title 2 of this Code.
(c) 
(Reserved)
(d) 
The provisions for the retention of any parkway tree or the issuance of a permit shall in no way preclude the director of public services from taking any reasonable or precautionary steps necessary for the protection of and the repair of streets, curbs, gutters or sidewalks damaged by the root system of said tree.
(Ord. No. 93-20, § 2, 12-20-93; Ord. No. 99-8, § 22, 6-7-99)
The public services department and city council may require reasonable conditions in granting a permit under this chapter including, but not limited to, a requirement that a security bond in a form approved by the city attorney be posted to ensure compliance with the provisions of this chapter.
(Ord. No. 93-20, § 2, 12-20-93; Ord. No. 99-8, § 23, 6-7-99)
Each applicant for a permit under the chapter shall pay a permit fee in an amount to be set by the resolution of the city council.
(Ord. No. 93-20, § 2, 12-20-93)
All tree species for placement in the public right-of-way shall comply with the street tree master plan within the streetscape and median design guidelines.
(Ord. No. 93-20, § 2, 12-20-93)
The adjacent property owner/applicant shall pay for tree replacement costs on a 3:1 tree replacement ratio of (three new trees planted for every one mature tree removed one 24 inch box, and two 15 gallon trees) whenever such a removal is deemed a "convenience removal." Property owner/applicant agrees that the city shall select the species and approve the site of the tree to be replanted.
"Convenience removal" shall mean the removal of a tree with a genus and species designated as a problem tree by the department of public services to include, but is not limited to, Ficus nitida, Ficus retusa, Fraxinus uhdei, Schinus terebinthifolius, Cupania anacardiodes and that such removal is subject to a convenience tree removal agreement approved by the department.
(Ord. No. 93-20, § 2, 12-20-93; Ord. No. 99-8, § 24, 6-7-99)
No person shall begin any construction or excavation without first providing sufficient protection for trees on public property, such as a fence, guard or frame within a five foot minimum distance of the tree trunk. This five foot minimum may be extended at the sole discretion of the director of public services for other unforeseen horticultural circumstances.
(Ord. No. 93-20, § 2, 12-20-93; Ord. No. 99-8, § 25, 6-7-99)
All trees and landscape material planted by the city in the public right-of-way, shall be under the supervision of the public services department.
(Ord. No. 93-20, § 2, 12-20-93; Ord. No. 99-8, § 26, 6-7-99)
The planting of new trees within the city rights-of-way and other public places shall be consistent with the street tree master plan within the streetscape and median development guidelines as adopted by the city council.
(Ord. No. 93-20, § 2, 12-20-93)
All trees and landscape material abutting intersecting public or private streets, or occurring along irregularly shaped lots, shall conform to the provisions set forth in section 15-3. In addition, trees planted in parkways, or tree easements shall be placed according to the following minimum setbacks:
(a) 
See streetscape and median development guidelines for tree aerial setback (by various species) from street lamps/traffic signals;
(b) 
Eight feet from fire hydrants;
(c) 
Twenty-five feet from stop signs;
(d) 
Ten feet from driveways.
(Ord. No. 93-20, § 2, 12-20-93)
The streetscape and median development guidelines address city entries, streetscape corridor themes, and other landscape design concepts. These guidelines will be adopted by the city council and used to implement provisions in this chapter.
(Ord. No. 93-20, § 2, 12-20-93)
Landscape plans shall be prepared for all projects which include hedges or exceed 5,000 and submitted to the community services department for all park, parkway (includes off-road recreation trails and greenways) and median development. All landscape plans shall be in a form to comply with the requirements of the community services director.
(Ord. No. 93-20, § 2, 12-20-93)
(a) 
Intent and purpose. It is the intent of this chapter to establish regulations for the voluntary nomination for the preservation of landmark trees within the city, and to encourage property owners to retain as many of their own trees as possible, consistent with the purpose hereof. It is not the intent of this chapter to prevent the use of private property for the normal purposes allowed in the zoning ordinances, consistent with this chapter.
(b) 
Landmark tree standards. The tree or trees shall have one or more of the following criteria in order to be eligible to be placed on a landmark tree list:
(1) 
A tree or stand of trees which is of historical significance;
(2) 
A tree or stand of trees which is of a rare species and is unusual because of size, color, and blossoms;
(3) 
A tree or stand of trees which has unique characteristics of form or shape that contribute to the community skyline;
(4) 
A tree or stand of trees which are intended to become of future visual, cultural and/or historical significance.
(c) 
Recognition of landmark trees. The tree or stand of trees shall be documented with photographs, horticultural information and location. The photograph and location will be displayed within city hall.
(d) 
Procedure for establishment of a landmark tree list. A list of landmark trees will be established by the city council by resolution, which may be amended from time to time. Any property owner of Costa Mesa desiring to have his tree or trees placed on the landmark tree list may voluntarily apply to the parks, recreation facilities and parkways commission for inclusion of the tree or trees on the list. The commission by a majority vote, or the city council on appeal, may determine that the applicants' tree or trees be placed on, or removed from, the landmark tree list. Placement of a tree or stand of trees on the landmark tree list shall require a majority vote of city council.
The parks, recreation facilities and parkways commission, or the city council on appeal, may reverse or modify its previous decisions to place or remove any tree on the landmark tree list.
(e) 
Appeals. Any decision of the parks, recreation facilities and parkways commission and the director of public services, made pursuant to this section, may be appealed to the city council pursuant to Chapter IX of Title 2 of this Code.
(Ord. No. 93-20, § 2, 12-20-93; Ord. No. 99-8, § 27, 6-7-99)
Public utility companies shall be exempt from all provisions, requirements and restrictions of this chapter.
(Ord. No. 93-20, § 2, 12-20-93)
(a) 
Except as provided herein, no person shall maintain, remove, plant, abuse, mutilate, damage, cut, carve, transplant, attach any rope, wire, nails, or affix any advertising posters or any other sign, allow any harmful chemical or substance to come in contact with, or set fire or permit any fire or heat source to injure any portion of any tree in the city right-of-way and other public places.
(b) 
It shall be the responsibility of the public services department to maintain, plant and approve the removal of all trees within the city's right-of-way and all tree easements under the jurisdiction of the city.
(c) 
It shall be the duty of all adjacent property owners and their tenants to water their tree(s) planted in the public right-of-way immediately in front or abutting the property line of their property.
(d) 
It is unlawful to permit the branches or foliage of any tree, plant, hedge or bush growing on private or public property to block signage for traffic control or regulation or to obstruct the free passage of vehicles in the roadway of any street or of pedestrians upon the sidewalk portion thereof, or to hang over any portion of the sidewalk within seven feet of the surface thereof.
(Ord. No. 93-20, § 2, 12-20-93; Ord. No. 99-8, § 28, 6-7-99)
If a person violates any of the provisions of this chapter, or fails to comply with any of the mandatory requirements of this chapter, he or she shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance is subject to punishment pursuant to section 1-33 of this Code.
(Ord. No. 93-20, § 2, 12-20-93)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. No. 93-20, § 2, 12-20-93)