A city's urban forest is an integral part of its character as well as its infrastructure. Properly planned, managed, and maintained, the urban forest provides significant ecological, health, and economic benefits. This chapter establishes policies, regulations, and standards necessary to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, management, maintenance, preservation, and, where necessary, removal of trees within the city. The provisions of this chapter are enacted.
(Ord. O-2020-04 § 2, 2020)
"ANSI A300 Pruning Standards"
means industry-developed, national consensus standards for the practice of tree care such as reasons to prune a tree may include, but are not limited to, reducing risk, managing tree health and structure, improve aesthetics, or achieving other specific objectives. Intended for use by federal, state, municipal, private entities including arborists, property owner's property managers, and utilities.
"Certified arborist"
means a person who has demonstrated extensive knowledge regarding trees and their culture and holds a current arborist certificate by the International Society of Arboriculture and/or is a registered consulting arborist by the American Society of Consulting Arborists.
"City tree" or "public tree" or "street tree"
means any tree which is located in a place or area under ownership or control of the city, including, but without limitation, streets, parkways, open space, public card and including city owned property under the operational control of another entity by virtue of a lease, license, operating or other agreement.
"Destroy,"
with regard to a tree, means any act or omission, be it willful, careless, reckless, and/or unintentional, that results in (or is deemed to have resulted in) any physical state or condition in which a tree is dead or is so severely damaged that its death is imminent.
"Development"
means any subdivision, or other action requiring a building permit or any discretionary permit or approval by the city.
"Director"
means the director of the department of public works, or designee.
"Hazard or hazardous condition"
means any condition in a tree that poses a significant and imminent threat of serious injury or harm to the public or catastrophic damage to real property.
"Injure" or "injury"
means any act which harms or damages a tree, including, but not limited to, impact, cutting, carving, transplanting, or knocking over, and includes, but is not limited to, the following: injurious attachment of any rope, wire, nail, advertising poster, or other contrivance to any street tree; intentionally or negligently allowing any gaseous liquid or solid substance that is harmful to a tree to come into contact with a tree; setting fire or intentionally or negligently permitting any fire to burn when such fire or the heat therefrom will injure any part of any tree; pruning which in and of itself will kill or cause a tree to decline; or severing of all or part of a tree.
"ISA"
means the International Society of Arboriculture ("ISA"), which is a professional association of arborists and tree workers that is recognized internally as one of the leading agencies in the research and establishment of high standards for all aspects of tree care.
"Maintain" or "maintenance"
includes both routine and major activities. "Routine maintenance" shall include the act of routinely pruning, trimming, spraying, fertilizing, adequate watering, weed control, treating for disease or injury or any other similar act which promotes growth, health, beauty, and life of trees. "Major maintenance" shall include structural pruning as necessary to maintain public safety and to sustain the health, safety, and natural growth habit of the tree; pest- and disease-management procedures as needed and in a manner consistent with public health and ecological diversity; replacement of dead or damaged trees; and sidewalk repairs related to the tree's growth or root system.
"Parkway"
means that portion of a public street which is not improved for actual street, curb, gutter or sidewalk use and which is available for planting and maintaining street trees.
"Property owner"
means the legal owner of any real property situated in the city, and any lessee or authorized occupant of the legal owner.
"Pruning," "trimming," or "thinning"
means to reduce the size of a tree using industry accepted standards, as established by the International Society of Arboriculture and/or the American National Standards Institute (ANSI) A300 Standards-Pruning, to control the height and spread of the tree, preserve its health and natural appearance, produce fuller branching and shaping, or make adjustments which will increase its longevity in an urban environment.
"Public benefit"
means a public purpose, service or use that produces good or helpful results or effects or that promotes well-being for a community of residents; as a community and not merely as particular individuals.
"Public utility"
means any company doing business as a public utility under the jurisdiction of the Public Utilities Commission of the state and any duly constituted public agency authorized to provide and providing utility service.
"Removal" or "remove"
means the uprooting, cutting or severing of the main trunk, or major branches of a tree or any act which causes, or maybe reasonably expected to cause a tree to die, including, but not limited to, the following; inflicting damage upon the root system of a tree by machinery, storage of materials, or soil compaction; substantially changing the grade above the root system or trunk of the tree and excessively or severely pruning or root pruning.
"Root prune"
means the process of cutting roots behind the line of a planned excavation to prevent tearing and splintering of remaining roots.
"Topping," also known as "heading back," "stubbing," and/or "pollarding"
means a severe type of trimming which results in the indiscriminate cutting back of large diameter branches to stubs. Such severe practices disfigure the tree and is generally hazardous to the overall health and stability of a tree.
"Tree advisory board"
means the streetscape and transportation advisory commission or the designated tree advisory board as defined within this chapter.
"Urban forest" or "urban forestry"
means the ecology of native and nonindigenous plantings creating a forest in the human living environment, and emphasizing the practice of wise, professional, planned management of all tree resources within an urban area for multiple use and benefit of the entire community.
(Ord. O-2020-04 § 2, 2020)
The director of public works shall have the authority and jurisdiction to regulate the management, maintenance, planting, care, and removal of city trees within the public right-of-way or on public property to ensure safety, protect the environment, or to preserve or enhance the aesthetics of such public sites. The responsibilities of the director shall include, but not be limited to, the following:
(1) 
Prepare and maintain an urban forest management program.
(2) 
Develop and recommend to the city council changes or additions to the Master Street Tree Plan.
(3) 
Develop tree maintenance guidelines and standards as they relate to street trees in public areas.
(4) 
Inspect the planting, maintenance and removal of all trees in public areas.
(5) 
Make determination over the appropriateness of tree removals in public areas.
(6) 
Review all landscaping plans as they affect trees in public areas.
(7) 
Coordinate with other city departments the planning and installation of all publicly required trees.
(8) 
Develop and maintain an ongoing program of public outreach and education in order to promote public understanding of the city's urban forest and public adherence to the standards and procedures established under this chapter.
(Ord. O-2020-04 § 2, 2020)
The streetscape and transportation advisory commission serves as the city's tree advisory board. the tree advisory board shall:
(1) 
Review and reconsider tree removal requests pursuant to Section 14.12.080 of this chapter.
(2) 
Make recommendations on designated tree species for specific streets and neighborhoods and shall be incorporated by reference into a future Master Street Plan.
(Ord. O-2020-04 § 2, 2020)
(a) 
The public works department shall prepare or have prepared and submit to the city council for its adoption a Master Street Tree Planting Plan for the public streets of the city and recommend revisions thereto as conditions warrant. This plan shall include at a minimum:
(1) 
The type, variety, location and spacing of trees and shrubs to be planted.
(2) 
A map of the city which graphically portrays the master street tree plan.
(b) 
The director shall be responsible for the administration of the Master Street Tree Planting Plan adopted by the city council and shall control the planting, removal and maintenance of trees and shrubs in or upon the public streets of the city in accordance with the provisions of such plan and this chapter.
(Ord. O-2020-04 § 2, 2020)
(a) 
It shall be the duty and responsibility of all property owners to maintain the parkway adjacent to the owner's property, regardless of whether the property owner's property is developed. This maintenance shall include routine maintenance, adequate watering, and keeping such strips free from weeds or any obstructions contrary to public safety.
(1) 
Property owners shall be responsible for watering mature city trees whenever landscaping of the property is changed in such a manner as to deprive the tree of its normal source of moisture. Such watering shall be continued during dry weather until the city tree becomes acclimated to the new environment but need not exceed three years. All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use.
(2) 
Property owners shall be responsible for watering young city trees planted in parkways adjacent to their property. Such watering shall be continued during dry weather until the city tree becomes acclimated but need not exceed three years. All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use.
(3) 
If a property owner wishes to modify the landscaping in the residential parkway in front of his or her property or adjacent to his or her property, the proposed landscaping should adhere to the city's Parkway Design Guidelines and require issuance of a city encroachment permit.
(b) 
It shall be the duty and responsibility of every property owner and occupant in possession of any real property within the city of Placentia, to keep all trees on that private property trimmed in such a manner that there is a clearance of at least 14 feet above any street or alley, and a clearance of at least eight feet over any sidewalk. It shall also be the duty and responsibility of every property owner and occupant in possession of any real property within the city of Placentia to keep all trees on that property trimmed in such a manner that they do not obstruct the view of any traffic sign or device for vehicle traffic in the direction controlled by that traffic sign or device. Property owners may be held liable for any dangerous condition of public property caused by the property owners' failure to perform these duties with respect to trees situated on private property.
(Ord. O-2020-04 § 2, 2020)
The director shall have the authority to remove a city tree based upon the following conditions:
(a) 
Hazardous Trees. The public works department shall identify hazardous trees based on the severity of the following signs of decline:
(1) 
Large dead branches in the tree.
(2) 
Cavities or rotten wood along the truck or in major branches.
(3) 
Mushrooms present at the base of the tree.
(4) 
Cracks or splits in the trunk or where branches are attached.
(5) 
Strong lean at the trunk.
(6) 
Many major branches arise from one point on the trunk.
(7) 
Damaged, broken or injured roots.
(8) 
Tree has been topped or otherwise heavily pruned.
(b) 
Dead Trees. Trees that are dead or have been determined by an ISA certified arborist to be in a state of severe decline with no available remedies to save the tree, although perhaps not an immediate hazard, shall be removed.
(c) 
Emergency Removals. Healthy trees may be removed if the director or designee decides an emergency condition exists, and tree removal is determined to be the only option available.
(d) 
Public Safety. Healthy trees may be removed if the director or designee decides that a public safety concern exists, and the tree removal is determined to be the only option available.
(e) 
Other Removals. Other examples where a condition shall warrant removal include:
(1) 
Diseased/Insect Infested Trees. The tree is diseased, has lost its productive capacity, and is not likely to recover despite the application of available remedies. Trees that acquire an infectious disease or are infested with an insect that is declared to be a serious pest threat to other nearby trees shall be removed, if removal is determined to be the best pest control solution by a certified arborist.
(2) 
Building Damage. If a tree is causing structural damage to a building, and the condition cannot be corrected without removing the tree, or severely damaging its root structure causing it to fail or potentially topple over.
(3) 
Surface Roots. In situations where tree roots have developed above the surface, an ISA certified arborist shall evaluate the roots and determine if root pruning can occur without jeopardizing the health and stability of the tree. Should the arborist decide that roots cannot be pruned without jeopardizing the tree, and those same roots pose a safety concern, the tree may be removed.
(4) 
Hardscape Damage. If hardscape repairs cannot be completed without severe root pruning which would jeopardize the health and stability of the tree, the tree may be removed. The general policy that shall be observed when repairing or replacing hardscape adjacent to a city tree is that the health and integrity of the tree take precedent over the installation of concrete or asphalt. Every effort shall be made to protect the tree from root or trunk damage.
(5) 
Several alternatives are available for accommodating the installation of new hardscape without severely infringing upon a tree's root system. Any hardscape installation that may involve the removal of an extensive portion of a tree's root system or may require the removal of one or more roots that are of a diameter greater than two inches, shall first be evaluated by the certified arborist. If it is determined by the certified arborist that the removal of the offending roots might jeopardize the health or integrity of the tree, then one of the following alternatives should be considered:
(A) 
Offset. An offset is the tapering or reduction of a sidewalk's size down to a width no less than 36 inches.
(B) 
Reconfiguration. Sidewalks do not need to be constructed in a straight line. If the public easement can accommodate it, a sidewalk may be reconfigured to curve around a tree in a suitable manner. In some cases, the property owner may wish to extend the easement over their property to accommodate the installation of sidewalk without removing a tree. Any root removal that occurs while completing hardscape installation shall conform with the root pruning specifications provided by city staff.
(C) 
In all cases, all sidewalk modification must conform to al current ADA or CBC standards
(f) 
Reasons that are not valid for tree removal:
(1) 
Leaf litter in gutters, on sidewalks or private property.
(2) 
Messy/excessive fruit.
(3) 
Root intrusion into sewer laterals as a result of deteriorating infrastructure.
(4) 
Hardscape damage unless a feasible, economic solution exists to save the tree.
(Ord. O-2020-04 § 2, 2020)
Property owners may submit a written request to the public works department for removal of a city tree that is located within the public-right-of way in front of or adjacent to their property. Such written requests shall be submitted in writing on a tree removal request form, available on the city's official website. ANY APPROVAL BY THE CITY OF A TREE REMOVAL REQUEST DOES NOT GRANT ANY RIGHTS IN FAVOR OF THE REQUESTING PROPERTY OWNER; NOR DOES AN APPROVAL, IN AND OF ITSELF, FORM THE BASIS OF LIABILTY. Rather, an approval of a tree removal request represents an acknowledgement that the city will endeavor to remove the tree(s) in due course.
(1) 
Removal Criteria. Only trees that are found to be dead, diseased, irreparably injured, hazardous, or in a condition that presents legitimate public safety concerns or conditions, as described in this chapter, may be the subject of a tree removal request.
The director or designee has the authority to approve or deny, in whole or in part, a tree removal request seeking removal of a tree or trees is found to meet the removal criteria, set forth in this section. The director or designee shall deny all tree removal requests seeking removal of trees found not to meet the aforementioned criteria. The decision of the director or designee shall become final if a request for reconsideration is not timely filed.
(2) 
Request for Reconsideration by Tree Advisory Board: A property owner aggrieved by the denial of a tree removal request, in whole or in part, may seek reconsideration of its tree removal request by the streetscape and transportation advisory commission (in its capacity as the tree advisory board) by submitting a written request for reconsideration within five business days of the denial that sets forth the burden to the property owner caused by the denial.,
(3) 
The streetscape and transportation advisory commission, upon reconsideration of a tree removal request, shall consider all findings and assertions of fact made by the director or designee as true, accurate, and conclusive. The commission may grant the tree removal request, in whole or in part; notwithstanding the conclusive facts, it finds that the burden to the property owner if the request is denied substantially outweighs: (A) the benefit that a denial provides to the public; and (B) the burden to the public if it is granted. The decision of the commission is final.
(4) 
In so making its finding, the commission may evaluate the following factors:
(A) 
Species of the tree.
(B) 
Size of the tree.
(C) 
Approximate age of the tree.
(D) 
Physical characteristics of the tree.
(E) 
Environmental productivity of the tree.
(F) 
Safety of the property owner and general public will be considered.
(G) 
Asset value of the tree.
(H) 
Utility conflicts, both above and below ground, may be considered when evaluating a removal request.
(I) 
Species and age diversification may be considered to determine if the street would benefit from having a more diverse street tree population to reduce threats of deforestation.
(5) 
If the commission grants the tree removal request, subsequent removal of the tree(s) shall be at the property owner's cost and expense. Property owner shall also be responsible for the cost of procuring and planting two replacement trees; and funds remitted to the city shall be deposited into the city's tree replacement and planting fund, as described in Section 14.12.190 of this chapter.
(A) 
A property owner timely seeking reconsideration by the commission of a tree removal request previously denied by the director or designee shall be provided a breakdown of the estimated costs and expenses that will become due from the property owner if the commission grants the request. Estimated costs will be determined based upon the city's current contract rates for removal and planting.
(B) 
After receipt of the cost estimates, and prior to the commission reconsidering the tree removal request, a property owner may submit to the commission, on a form provided by the city, a written petition for relief from the aforementioned costs/expenses upon a showing of undue financial hardship.
(C) 
The director shall determine available planting site(s) for replacement trees required by this section. The director shall endeavor to find viable planting sites that are in the same neighborhood from which the tree(s) approved for removal were located; but such site need not be in the location/planting site where the removed tree(s) were planted.
(Ord. O-2020-04 § 2, 2020)
(a) 
In an effort to encourage public participation, residents/merchants immediately surrounding the affected property shall be notified by mail of any property owner appeals/requests for a tree removal. A minimum of three properties adjacent to either side of the affected property shall be notified, as well as the closest three properties across the street. Staff will take into consideration unique geographic factors when sending notification letters and may exceed the three property minimum as deemed necessary. In addition, city staff will post a notice on the affected tree no less than 10 days prior to review by the streetscape and transportation advisory commission. The notice will include information on the proposed removal/property owner appeal and meeting dates, times, and locations.
(b) 
Agendas for the streetscape and transportation advisory commission are posted a minimum of 72 hours prior to the meeting date for public review. Interested residents/merchants are invited to make public comment at the meetings or submit written comments for consideration. The public works department may or may not be able to notify the public of emergency and hazardous tree removals due to the degree of urgency during these events.
(Ord. O-2020-04 § 2, 2020)
In an effort to minimize deforestation, a programmed removal and replacement program may be proposed by the director or designee. When considering a tree removal and replacement program, the severity of the following shall be evaluated:
(1) 
Neighborhood impacts;
(2) 
Grow space;
(3) 
Species;
(4) 
Age of trees;
(5) 
Condition of trees;
(6) 
Cost to repair hardscape damage;
(7) 
Severity and frequency of reoccurring hardscape damage.
This programmed removal may, wherever possible, be scheduled on a multiple year schedule, removing alternative/intermittent trees so as to avoid neighborhood deforestation and coupled with later street rehabilitation or maintenance projects. Any plan proposed for phased removal of trees in a defined area must be specifically crafted to meet the needs of the particular area.
(Ord. O-2020-04 § 2, 2020)
No permits will be issued to any person or entity for pruning or removal of city trees, and all pruning and removal of city trees shall be undertaken by employees or contractors of the city. Any person desiring to initiate special maintenance of a city tree by the city, may make a written request to the director and pay the costs of service at rates established by the city's contract for tree maintenance services. Any such request will be considered based on the provisions of this chapter, and other ongoing city tree work and available resources.
(Ord. O-2020-04 § 2, 2020)
Any applicant seeking discretionary land use entitlement application and/or building and engineering permits (including, but not limited to, grading, demolition or building permits) shall submit a tree survey plan and arborist report separate from, but consistent with the required site plan, to assess tree impacts associated with proposed demolition or development, and establish tree protection measures for demolition or development when activity would occur within the dripline of a city tree.
(a) 
Requirements for Tree Survey Plan.
(1) 
The tree survey plan shall be consistent with a site survey (if said survey is required by the associated building, planning or engineering permit or application) prepared by a licensed surveyor or registered civil engineer with the existing trees plotted with accurate trunk locations and the dripline areas.
(2) 
The existing tree plan shall be a separate sheet that depicts:
(A) 
Property lines and easements;
(B) 
The locations of existing tree(s) or groups of trees, including driplines with each tree numbered, and identified by trunk diameter at breast height (DBH), with an "X" through each tree proposed for removal, including on-site trees and trees adjacent to the project site, with driplines overhanging the project site;
(C) 
Identifies all city tree(s) located upon the property and identifies those city trees that are proposed to be removed or that may be affected by the proposed development;
(D) 
A table listing each tree by number, DBH, genus, species, common name and health;
(E) 
For demolition permits, show the building footprint for the structure to be removed;
(F) 
The footprint of any existing or new structures, including additions;
(G) 
The location of existing and proposed site utilities, including water, sewer, drainage, gas, underground electrical, voice/data, septic field, well head, or other.
(b) 
Requirements for Arborist Report.
(1) 
The applicant shall submit a report from a certified arborist describing the condition of existing trees, the anticipated impacts of grading, trenching and construction on city trees and recommending migration and specific protective measures to be implemented prior to commencement of grading or construction to minimize potential adverse applicants. The report, based on the findings of the tree survey plan and other necessary information, shall be used to determine the health of existing trees, the effects of the proposed development upon the city trees and recommendations for any special precautions necessary for the preservation of the city trees.
(2) 
The report shall also include the following:
(A) 
Assessment of the tree condition for all city trees, and any measures necessary to protect trees on site during demolition or construction, including any remedial measures necessary to sustain impacted trees
(B) 
Identifies which city tree(s) are proposed for removal.
(C) 
Reasons for proposing removal of a city tree(s).
(D) 
An appraisal of all trees to be preserved and proposed for removal utilizing the most recent edition of the Guide for Plant Appraisal (published by the International Society of Arboriculture).
(E) 
The number of replacement trees calculated using the city's tree replacement matrix as noted in subsection F of this section.
(F) 
The number of required on-site replacement trees would inhibit healthy growth (e.g., overcrowding of new trees; interfere with roots and canopy of existing protected trees and street trees).
(G) 
General health of tree to be trimmed, cut down or removed.
(c) 
Upon receipt of the tree survey plan and arborist report, the director or designee shall visit and inspect the subject property and the proposed tree(s) for removal and shall ascertain the following:
(1) 
Confirm that the city tree or trees in question are in fact are city trees.
(2) 
The general health, vigor, and condition of the tree(s).
(3) 
The presence of existence of any signs of disease, decay, or infestations that may be present.
(4) 
Any damage or the potential to cause damage to public infrastructure, utilities, and property caused by the tree.
(5) 
Any hazardous conditions or imminently hazardous conditions that may be present. If so, a tree risk assessment will be performed by the director. The cost incurred by the city for the tree risk assessment, requiring a certified arborist's report or tree appraisal shall be paid by the applicant.
(d) 
Third-Party Peer Review. When deemed necessary by the director, a certified third-party peer arborist review may be required (at the cost of the applicant) to:
(1) 
Review the applicant's arborist report.
(2) 
Physically inspect and evaluate the tree(s) proposes for removal.
(3) 
Provide a written analysis to include the peer review arborist's findings and recommendations.
(4) 
The peer review arborist's comments may almost include recommendations regarding tree replacement.
(e) 
The director or designee may approval tree removal associated with a permit or discretionary land use application if any one or more of the following findings can be made:
(1) 
The city tree(s) unreasonably restricts the permitted use of the property.
(2) 
A proposed development cannot be located on the site without tree removal.
(3) 
The property owner has made every reasonable effort to incorporate existing trees in the development project and to minimize the number of trees removed.
(4) 
The city tree(s) is significantly damaging existing structures and cannot be mitigated through proper arboricultural practices or reasonable modifications to the property.
(5) 
The city tree(s) interferes with utility services and cannot be mitigated through proper arboricultural practices.
(6) 
The city tree(s) creates an on-going safety problem for the existing development and cannot be mitigated through proper arboricultural practices.
(7) 
The city tree(s) is obstructing safe sightlines.
(8) 
The city tree(s) is growing too close in proximity to another more valuable tree(s) to permit normal growth and development of the affected tree(s).
(9) 
The condition of the city tree(s) is such as to create a hazardous condition.
(10) 
The city tree(s) pose a threat to the public health and safety.
(f) 
Replacement Tree Required. Any city tree approved for removal under this section shall be replaced using the following tree replacement matrix:
(1) 
Tree Replacement Matrix.
Trunk of Removed Tree
Replacement Trees
Diameter at Breast Height
Number
Size
8-12 inches
4
2
15-gallon, or
24-inch box
13-18 inches
8
4
2
15-gallon, or
24-inch box, or
36-inch box
19-36 inches
8
4
24-inch box, or
36-inch box
37+ inches
12
8
24-inch box, or
36-inch box
(2) 
The species of the replacement trees shall be determined by the director.
(3) 
Such monies shall be deposited in the tree planting and replacement fund.
(4) 
Payment into the city's tree planting and replacement fund, if on-site replacement is not suitable due to site constraints such as, but not limited, to the location of existing structures and vegetation. Payment in-lieu of each required replacement tree shall be equal to the estimated cost required to buy, transport, and plant a 15 gallon, 24 inch or 36 inch boxed tree of a species and size.
(A) 
Costs will be determined based upon the city's current contract rates for tree removal and planting services.
(g) 
Performance Security. The director may, at his or her discretion, require an applicant to post a cash deposit or other performance security acceptable to the city guaranteeing the applicant's compliance with conditions of approval and city provisions regarding tree protection and preservation.
(1) 
The performance security must be posted with the city prior to issuance of any permit or approval and shall be governed by the following provisions:
(2) 
The director shall establish the amount of the performance security which shall be equal to the estimated value of the city trees to be preserved and removed.
(3) 
The performance security shall remain in effect for the time period determined by the director.
(h) 
Conditions. The director or other applicable city decision-making body may impose reasonable conditions of approval, consisted with the purpose of this chapter, to ensure safe removal, replacement, relocation, demolition; and maintenance of replacement trees; and to ensure that any nearby trees not approved for removal are protected. Failure of the property owner or the property owner's agent or tenant to comply with any condition of approval or other provisions of this chapter is a violation of the Placentia Municipal Code.
(Ord. O-2020-04 § 2, 2020)
All applicants for demolition, grading, building permits on property containing one or more city trees shall prepare a tree protection plan and obtain a tree permit from the director pursuant to this policy.
(1) 
A tree protection plan is required prior to issuance of permit.
(A) 
The plan shall ensure that the tree, including its root system, is adequately protected from potential harm during demolition, grading and construction that could cause damage to the city tree. Such harm may include excavation and trenching, construction and chemical materials storage, stormwater runoff and erosion, and soil compaction. The plan shall be prepared and signed by a certified arborist and approved by the director. The director may refer the plan to a city-selected arborist for review and recommendation. The plan needs to prepared according to ISA ANSI 300 standards for tree construction and construction management. The cost of this review shall be borne by the developer/applicant requesting said permit.
(B) 
The director may require that a certified arborist be present on the project site during grading or other construction activity that may impact the health of the tree(s) to be preserved.
(2) 
Damage to any tree during construction shall be immediately reported to the director so that proper treatment may be administered. The director may refer to a city-selected arborist to determine the appropriate method of repair for any damage. The cost of any treatment or repair shall be borne by the developer/applicant responsible for the development of the project. Failure to notify the director may result in the issuance of a stop work order.
(3) 
The director may waive the requirement for a tree protection plan if he or she determines that the grading or construction activity is minor in nature and that the proposed activity will not significantly modify the ground area within or immediately surrounding the dripline of the tree(s).
(Ord. O-2020-04 § 2, 2020)
The city agrees to perform major maintenance to city trees, sidewalks, and streets. The repair of sidewalks, curbs, gutters or streets may create a need to prune tree roots to the extent that the tree is damaged or becomes unstable. When this occurs, the director of public works shall consider the following in lieu of action that may damage, destabilize or cause the removal of a tree:
(1) 
To not make such improvements.
(2) 
To displace the sidewalk laterally away from the tree trunk, either locally for each tree, or uniformly along length of the street.
(3) 
To displace the curb and gutter laterally into the paved roadway of the street, either locally, or uniformly along a length of the street, which in some cases may necessitate the prohibiting of street parking of vehicles at all times, provided such displacement does not create traffic hazard, or conditions adverse to proper street sweeping or drainage.
(4) 
To defer repairs with temporary asphalt patch to eliminate hazard.
(5) 
To widen the parkway.
(6) 
To relocate the sidewalk or curb.
(7) 
To eliminate the sidewalk on one side of the street.
(8) 
To raise the sidewalk.
(Ord. O-2020-04 § 2, 2020)
It is prohibited and unlawful for any person to cause, or allow the following activities or conditions to occur:
(1) 
Damage, injure, carve, disturb, transplant, prune, root prune or remove any city tree, or undertake any other action that may directly or indirectly affect the health or welfare of a city tree.
(2) 
Attach, cause to be attached or keep attached to any city tree, or to the guard or stake of a city tree, any rope, wire nails, tacks, staples, advertising posters, decorations, ornaments, flags, toys, swings, lights or any other contrivance whatsoever without first obtaining a permit or explicit approval from the city.
(3) 
Cause or allow any poison or other substance harmful to tree life to lie, leak, pour, flow or drip upon or into the soil within the drip line of any city tree or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of a city tree; or to operate any device, equipment, object or tool such as a mechanical weeding device, in such a manner as to cause damage to a city tree in any way.
(4) 
No person shall injure any public tree located within a city owned easement or public right-of-way on his or her private property by neglecting to provide the necessary amount of water, as determined by the terms of this chapter, required for said tree's continued good health and viability.
(5) 
No person shall impact the drip line area of a city tree in a way that may reasonably be expected to damage the root system, compact the soil over the roots, or impede free passage of water, air or fertilizer to the roots of any city tree.
(6) 
During the construction, repair, alteration, moving or removal of any building, structure of any other type of construction in the city, no person in control of such work shall leave any city tree, shrub or plant in the vicinity of such activity without sufficient guards or protectors to prevent injury to the tree, shrub or plant in connection with such construction, repair, alteration, moving or removal. The costs of any such protection shall be borne by the person responsible for the improvement.
(7) 
It is unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from the ordinance codified in this chapter at the determination of the director.
(Ord. O-2020-04 § 2, 2020)
Any person doing business as a public utility or on behalf of a public utility subject to the jurisdiction of the public utilities commission of the state and any constituted public agency authorized to provide and providing utility service that maintains any overhead wires or underground pipes, or conduits shall obtain written permission from the director before performing any maintenance work on the wires, pipes, or conduits which would cause injury to city trees. The public utility shall in no way injure, deface, prune, or scar any city tree until their plans and procedures have been approved by the director.
Any person doing business as a public utility or on behalf of a public utility subject to the jurisdiction of the public utilities commission of the state and any constituted public agency authorized to provide and providing utility service, shall be given a permit by the director, valid for one year from the date of issuance, permitting such person to trim, prune, brace or perform other acts, except removal, with respect to trees growing on parkways or on public areas of the city as may be necessary to comply with the state and safety regulations of said commission and as may be necessary to maintain the safe operation of its business.
(Ord. O-2020-04 § 2, 2020)
The property owner is responsible for maintaining, cleaning and servicing the sewer lateral from the house or building to the connection at the public sewer line in the street. This includes the portion of the lateral on private property and the portion in the right-of-way or public easement.
(1) 
Root intrusion into a private sewer lateral is typically a symptom of a pre-existing defect in the wall of the sewer lateral. Tree roots seek out water and nutrient sources. If a sewer lateral is cracked and leaking, tree roots will force their way into sewer laterals via those damaged sections. If the roots entered at a damaged and leaking joint or connection of a sewer lateral, the property owner is responsible to repair or correct the situation.
(2) 
If it is determined that the root ball from a city tree has broken or crushed the sewer lateral, a property owner may file a claim with the city. The property owner follows the city's claim filing procedure to ensure that the request provides the best available information in its review consideration.
(3) 
The city does not pay for the replacement of undamaged pipe sections, or system upgrades including cleanouts or backflow valves. If the property owner believes a city owned tree has caused the problem, the owner should contact the city with evidence of such cause.
(4) 
Root intrusion into sewer laterals shall not be grounds for removal of a tree in the public right-of-way. The property owner is responsible for regular cleaning or root treating or replacing the lateral.
(5) 
The city does not remove trees for sewer issues. Removing a tree or shrubbery will not solve the issue, as existing roots from surrounding vegetation can still enter a broken sewer lateral.
(6) 
If it is determined that a root ball from a previously planted city tree has broken or crushed the sewer lateral, the city will repair the broken/crushed section of the pipe.
(7) 
Root Intrusion from Lateral into Main Line: The public works department is responsible to notify property owners in writing when they find roots from a sewer lateral protruding into the sewer main line. The property owner is responsible for removal of the intruding roots.
(Ord. O-2020-04 § 2, 2020)
(a) 
Any person who violates any provision of this chapter shall be subject to the penalties and enforcement remedies set forth in Chapter 1.08 titled "General Penalty" of this code and all remedies available to the city by law.
(b) 
In addition to the penalty set forth above, any person that removes, damages, injures, or destroys a city tree in violation of the provisions of this chapter shall pay a fine equal to the full amount of the replacement value of the tree, or $5,000, whichever is greater. Such amount shall be payable to the city of Placentia and deposited into the tree replacement and planting fund.
(1) 
Replacement value for the purposes of this section shall be determined by the current value of such tree as reflected in the city's existing tree inventory database, which is updated on an annual basis.
(Ord. O-2020-04 § 2, 2020)
(a) 
Purpose. The purpose of the tree replacement and planting fund is to replace city trees illegally removed or damaged, to facilitate tree planting, to ensure mitigation or tree replacement when tree preservation or tree density standards are not met on a particular site, and to advance the city's goals for the urban forest and intend to achieve equitable distribution of tree-related benefits across the city.
(b) 
Expenditures. Money in the tree replacement and planting fund may be used as follows:
(1) 
To replace, establish, and maintain city trees illegally removed or damaged;
(2) 
To plant, establish and maintain city trees where, in the judgment of the director, they will enhance the values of the urban forest.
(c) 
Contributions. Contributions to the tree replacement and planting fund may occur through a number of means, including:
(1) 
Payment made in lieu of tree replacement as part of a tree removal approved as stated in this chapter.
(2) 
Payment made in lieu of preservation or planting where site or street characteristics or construction requirements make it infeasible to meet the requirements of this chapter.
(3) 
Payment of restoration fees, civil penalties, or civil remedies resulting from enforcement actions for city trees.
(4) 
Voluntary contributions.
(d) 
Administration of Tree Replacement and Planting Fund. The tree replacement and planting fund. is administered by the director, maintained in a dedicated separate account, and is independent of the general fund. Any balance in the tree replacement and planting fund will be carried forward into subsequent fiscal years.
(Ord. O-2020-04 § 2, 2020)
Trees in the city are public nuisances under the following conditions:
(1) 
Any tree on private property that has any contagious infection, disease or affliction, or any insects, which if left uncontrolled would harm a city tree.
(2) 
Any tree on private property that is growing, dying, dead or standing in such a manner, or that has had its ground support weakened by rain, wind or other cause, or that from any other cause is in such condition, that such tree or any part thereof is dangerous or detrimental to the public health, safety or welfare, or to any public property or street in the city, or to any person.
(Ord. O-2020-04 § 2, 2020)
The director of public works or designee is charged with the responsibility for the enforcement of the ordinance codified in this chapter and may serve notice to any person in violation thereof or institute legal proceedings as may be required, and the city attorney is hereby authorized to institute appropriate proceedings to that end.
(Ord. O-2020-04 § 2, 2020)
If any one portion or section of this chapter shall be determined to be invalid, the remaining portions or sections shall remain in full force and effect.
(Ord. O-2020-04 § 2, 2020)
Any contractor performing tree maintenance work under contract with the city shall be required to utilize a tree and brush chipper equipped with a presence sensing system designed, constructed, and arranged to create a sensing field or area that would interrupt power to the infeed rollers and stop motion before injuring the operator when conducting wood chipping operations within city limits.
(Ord. O-2021-06 § 2, 2021)