The City of Plymouth has many trees within its planning area,
the preservation of which is beneficial to the health and welfare
of the citizens of this City to preserve the scenic beauty, prevent
soil erosion, protect against flood hazards and the risk of landslides,
preserve natural habitat, counteract the pollutants in the air, and
maintain the climatic balance within the City.
For these reasons the City Council finds it in the public interest,
convenience, necessity and welfare to enact regulations to retain
as many trees as possible consistent with the economic enjoyment of
private property for the protection, preservation, and maintenance
of:
A.
Native
trees including live oaks, blue oaks, and other native species;
B.
The
habitat values of oak woodlands;
C.
Trees
of historic or cultural significance;
D.
Groves
and stands of mature trees; and
E.
Trees
that are associated with proposals for development.
(Ord. 2007-07 § 1)
For the purposes of this chapter, the following definitions
will apply:
is an individual accredited/certified by the International
Society of Arboriculture (ISA) as knowledgeable in the care and preservation
of botanical species.
means the area of a tree that consists primarily of branches
and leaves.
means the area of land covered by the canopies of a group
of trees and/or the group of trees within that area.
is the area of the property that is covered by the extended
branches of a given tree or grouping of trees. For groupings of two
or more trees the canopy cover shall be determined as the sum of the
trees' coverage area.
means:
Any tree that has a diameter of 20 inches or more measured four
feet, six inches from the ground on the uphill side of the tree ("dbh");
or
Any tree which is of historical significance, specifically designated
by City action, or has taken on an aura of historical appeal, and
which is indigenous to this area or has adapted exceptionally well
to local climatic conditions.
No foothill pine (Pinus Sabiniana) shall be designated as a
heritage tree.
is pruning that is damaging to the health of trees and includes
practices such as "topping," which is the removal of upright
branches to reduce tree height, and "tipping," which is
the cutting of lateral branches to reduce tree width. These practices
are not permitted with regards to protected trees. If improper pruning
significantly damages or reduces the size of a tree it may be considered
a "removal" and therefore subject to the related provisions
of this chapter.
means an automatically timed or manual system of pipes, valves,
controllers, wiring and sprinkler heads that will provide adequate
water to all newly planted trees within a project site.
is an area which has a canopy cover of 30% or greater.
is a comprehensive plan, approved by the City Council, for
the sustainable management of an oak woodland on public or common
area land of at least 10 acres (may consist of multiple areas, but
not less than five acres each) developed by a registered professional
forester. The elements of the management plan must include a description
of the oak woodland using standard forestry techniques, a map of at
least 1:6000 scale, a description of the biological environment and
a plan of management treatments planned for a minimum of 20 years.
is the owner of the land on which the tree is planted, excepting
however, trees planted in the City's right-of-way by the City
are owned by the City.
are trees located in public parks, squares and all other
public areas owned by the City.
involves the trimming of tree branches with the objective
of increasing safety, health, and aesthetics of the tree according
to acceptable arboriculture principles. Proper pruning of up to 25%
of the tree canopy area is permitted without a tree permit.
are individual trees that are native to the area and are
at least nine inches measured dbh, or a non-native tree that measures
16 inches dbh. Also included as a "protected tree" is
any tree required to be planted, relocated, preserved as a condition
of approval of a tree removal permit or other discretionary permit,
to replace a tree unlawfully removed, or as an environmental mitigation,
or a street tree as defined above. No foothill pine (Pinus Sabiniana)
shall be designated as a protected tree.
is the area under the drip line of a heritage or protected
tree and/or identified around a tree using the trunk diameter measured
in inches to determine the radius of the protected zone on a one inch
to one foot ratio. For example, a tree with a six-inch diameter trunk
would have a six-foot radius protected zone, projected from the base
of the tree.
is an individual who is licensed by the State of California
to practice forestry.
means cutting a tree to the ground, extracting of a tree,
or killing a tree by spraying, girdling, or any another means.
means the proper removal of more than 25% of a tree's
canopy area.
are trees located on land lying within the rights-of-way
of any streets, avenues, ways, or alleys within the City.
is a permit issued by the City allowing removal of a tree
or trees, significant pruning (as defined above), or grading or paving
within the protected zone of a tree or trees.
means forested lands, farms, or other lands that have not
been substantially altered from their natural state, and contain few
manmade structures relative to the area of the property.
(Ord. 2007-07 § 1; Ord. 2011-05 § 1)
A.
It is unlawful for any person to remove, cause to be removed, or significantly prune any heritage or protected tree from any private or public property without obtaining a tree removal permit from the City Manager or designee. Any removal of a tree or directing the removal of a tree without a tree removal permit is considered a code violation and subject to the provisions of Chapter 20.12 Administrative Citations of the Plymouth Municipal Code. If multiple trees are removed, each removal shall be a separate violation. Such violations shall be punishable by: (1) a fine not exceeding $750 for a first violation; (2) a fine not exceeding $850 for a second violation within one year; (3) a fine not exceeding $1,000 for each additional violation within one year. In addition to administrative fines, replacement trees are required for each tree removed as specified in Section 8.20.305.
B.
Exceptions.
Notwithstanding the above, no tree removal permit shall be required
for the removal of a heritage tree or protected tree determined to
be hazardous or dangerous to life or property in emergency situations
as determined by any of the following:
1.
City
Manager;
2.
Fire
Chief;
3.
City
Engineer;
4.
Building
Inspector;
5.
Public
Works Director or Public Works Supervisor.
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Also, no tree removal permit shall be required for the removal
or relocation of trees necessary to maintain adequate traffic line-of-sight
distances as required by the City Manager, designee, or the City Engineer.
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In addition, no tree removal permit shall be required for the
removal or less than significant pruning of heritage or protected
trees by any public utility when it has been determined by a public
utility supervisor that such trees create an emergency situation by
threatening the safe and efficient delivery of the public utility's
services.
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(Ord. 2007-07 § 1; Ord. 2011-05 § 2)
A.
Except
as otherwise provided within this chapter, any person desiring to
remove, or significantly prune one or more heritage or protected trees
from any private or public property shall apply to the City Manager
or designee for a tree removal permit. The application for a tree
removal permit shall be made on forms provided by the City and shall
include a list of the number of tree(s) to be removed, with the species
of each tree and its size measured dbh, a topographic map showing
the location of the trees relative to any watercourses or natural
drainage and manmade features, and explanation of the reason for the
removal of each such tree. The application shall be signed by the
owner of the land on which the tree is located.
B.
The
Community Development Director shall review each application and shall
determine:
1.
The
condition of the tree or trees with respect to disease, danger of
falling, proximity to existing or proposed structures, and interference
with utility services based on the opinion of an arborist;
2.
The
necessity to remove the tree or trees in order to construct any proposed
improvements to allow economic development of the property;
3.
The
topography of the land and the effect of the removal of the tree on
erosion, soil retention, and diversion or increased flow of surface
waters; and
4.
What
level of review is required under the California Environmental Quality
Act ("CEQA").
C.
The
Community Development Director shall make his or her recommendations
to the City Manager. The application may be approved, denied, or conditionally
approved by the City Manager or designee after consultation with an
arborist, the cost of which shall be paid for by the applicant in
advance. The City Manager or designee shall give priority to any applications
for the removal of trees based on hazard or danger of disease.
(Ord. 2007-07 § 1; Ord. 2011-05 §§ 3, 8)
A.
Any
person proposing to grade or pave within the protected zone of a heritage
or protected tree shall first apply to the City Manager or designee
for a tree removal permit. The application for a permit shall be made
on forms provided by the City and shall indicate all protected zones
in which the applicant wishes to grade and/or pave with the species
of each tree and its size measured dbh, the amount of cut or fill
in the protected zone, the location of the trees relative to any watercourses
or natural drainage and manmade features, and explanation of the reason
for the grading or paving. The application shall be signed by the
owner of the land on which the tree is located. Upon request of the
City Manager, the applicant shall provide a grading plan.
B.
The
City Manager or designee and the City Engineer shall review each application
and shall impose limits based on the opinion of an arborist, the cost
of which opinion shall be paid for by the applicant in advance.
(Ord. 2007-07 § 1; Ord. 2011-05 § 8)
A.
An application
for a tree removal permit on undeveloped property must, in addition
to the other required submissions, include a professionally prepared
habitat analysis. A biologist shall be consulted as part of the required
habitat analysis. Additional studies may also be required as determined
by the City Manager or designee. Sites which the City Manager, registered
professional forester/arborist, or Community Development Director
determines to be potential oak woodlands shall be analyzed for both
individual tree condition as well as potential habitats.
B.
This
section does not apply to trees which constitute a hazard to life
and property or harbor insect(s), fungi, or disease(s) which constitute
a threat to other trees within the City.
(Ord. 2007-07 § 1; Ord. 2011-05 § 8)
A refundable deposit of $100 is required to cover the initial
costs of review by the City's consultants. Additional deposits
may be required based on actual costs of application review. The applicant
shall also pay in advance for any outside consultant reviews, studies,
opinions, etc. required by the foregoing tree removal permit provisions
of this chapter. The City Council may modify the amount of the required
refundable deposit by resolution.
(Ord. 2007-07 § 1)
If a tree removal permit is denied, the applicant may appeal
to the Planning Commission by filing with the City Clerk a written
request indicating the basis of the appeal within 10 days after the
denial.
Such appeal shall be heard at the next regular Planning Commission
meeting.
(Ord. 2007-07 § 1; Ord. 2011-05 § 4)
A.
The
City may plant, prune, maintain, and remove street trees and park
trees, whether owned by the City or not, as may be necessary to ensure
public safety, public improvements and facilities, or to preserve
or enhance the symmetry and beauty of the City's public areas.
B.
This
section does not prohibit the planting of street trees by adjacent
property owners providing that: (1) City Council has approved such
planting; (2) the selection and location of such trees is in accordance
with this chapter and/or lists provided by the Community Development
Director; and (3) the tree owner agrees to allow the City to prune,
maintain, and remove such tree(s) as needed.
(Ord. 2007-07 § 1)
The distance trees may be planted from public curbs, public
easements, or public sidewalks must be in compliance with minimum
distances for the listed species size classes listed in the City's
list of approved trees to be planted. In no event shall any tree be
planted within two feet of any public curb, public easement, or public
sidewalk unless a deep water and deep root control barrier is used.
New tree plantings shall not obstruct sight distance at intersections.
(Ord. 2007-07 § 1)
A.
Every
owner of any tree overhanging a street shall prune its branches so
that such branches shall not significantly obstruct any street light
or obstruct the view of any street intersection, and so that there
shall be a clean space of fourteen feet, six inches (14′6″) above
the surface of the street, and eight feet above the sidewalk. The
owner shall remove all dead, diseased, or dangerous trees or broken
or decayed limbs which constitute a threat to the safety of the public.
B.
Any tree which does not comply with the requirements of Section 8.20.090(A), interferes with proper traffic sight distances, or interferes with visibility of any traffic-control device or sign is a public nuisance.
C.
Any
tree which constitutes a hazard to life and property or harbor insect(s),
fungi, or disease(s) which constitute a threat to other trees within
the City is a public nuisance. Any tree which is an unsafe condition
or which by reason of its nature or growth is injurious to sewers,
power lines, gas lines, water lines or other public improvements is
a public nuisance.
D.
Any
tree which presents a risk of damage to public improvements or facilities,
or a violation of the Americans with Disabilities Act is a public
nuisance.
(Ord. 2007-07 § 1)
The City shall send a written notice to abate to the owner of
any tree(s) which is a public nuisance. Such notice shall describe
the nature of the nuisance, the procedures required for the owner
to abate the nuisance, the City's option to abate, and the procedure
by which the owner can request a hearing before the City Council.
The City shall also post the notice to abate on the owner's
property.
If the owner of the tree requests a hearing before the City
Council within 20 days after the mailing or delivery of the notice,
the hearing shall be scheduled at the next regular City Council meeting.
The decision of the City Council shall be final.
No less than 60 days after the mailing or delivery of the notice,
if the owner has not abated the nuisance as required, the City may
abate the nuisance, provided that the City Attorney has obtained any
necessary warrants.
(Ord. 2007-07 § 1)
Any public nuisance which the Building Official, Fire Chief,
City Manager, Public Works Director, Public Works Supervisor, or one
of their designees, determines is immediately or potentially dangerous
to the life, health or safety of the occupants of the property or
to the public, may be summarily abated. Actions taken to abate the
immediately or potentially dangerous nuisances may include, but are
not limited to, removal of the condition creating the danger and/or
the restriction from use or occupancy of the property on which the
condition exists or any other abatement action determined by the Building
Official, Fire Chief, City Manager, Public Works Director, Public
Works Supervisor, or one of their designees to be necessary. Notice
of the summary abatement shall be provided to the owner of the tree(s)
as provided for in this chapter as soon as practical.
(Ord. 2007-07 § 1; Ord. 2011-05 § 8)
A.
The
City shall keep an itemized list of costs to be assessed to the owner
of the tree(s), including, but not limited to: hearing costs; reinspection
fees; posting of notices fees; and costs for equipment, contractors
or consultants, material and City staff incurred by the City from
the time of initial inspection and identification of the nuisance
condition until completion of the abatement by the City or by the
owner or responsible party. Once the abatement is completed, the City
shall mail the owner of the tree an itemized invoice indicating the
total abatement costs due. The owner of the tree shall pay the abatement
costs within 30 calendar days from the date on the invoice, unless
an extension of time in which to pay has been granted by the City
Manager or designee in writing.
B.
Within
15 calendar days of the date of the invoice, the owner of the tree(s)
may request in writing a hearing before the City Council to contest
the amount of the invoice. If a request for the hearing is timely
received, a hearing regarding the amount of the invoice shall be held
at the next regular City Council meeting.
C.
If payment
of the invoiced abatement costs is not received by the City within
60 calendar days of the date on the invoice, a hearing before the
City Council for the purpose of adopting a resolution confirming and
assessing the abatement costs shall be set. Such hearing shall be
for the sole purpose of the City Council assessing the unpaid costs
as a lien and/or special assessment against the parcel or real property
on which the tree(s) that were the subject of the nuisance abatement
are located. A notice shall be delivered to the owner of the tree(s)
which were abated either in person or by certified mail with a return
receipt, specifying the time and place when the City Council will
hear and pass upon the City's report of the abatement costs,
together with any objections or protests, if any, which may be raised
by the owner of the tree(s) which were abated.
D.
The
City Council, by resolution, may confirm the report of abatement costs
and declare the costs of abatement as a special assessment against
the parcel of property upon which the nuisance condition was abated.
After adoption of the resolution by the City Council, the City Clerk
shall forward to the County Recorder one certified true copy of the
resolution of the City Council confirming the report of abatement
costs with the report of abatement costs attached thereto as an exhibit.
The City Clerk also shall file a notice of lien certificate acceptable
to the County Recorder.
(Ord. 2007-07 § 1; Ord. 2011-05 § 8)
A.
All
subdivision maps, planned development plans, or grading plans filed
for tentative approval shall include a tree landscaping plan prepared
by a landscape architect, licensed landscape contractor, or arborist.
The tree landscaping plan shall indicate all existing trees to remain
(either individually or by reference to specific canopy areas), and
all proposed tree landscaping to be installed after the construction
of improvements to the property. The tree landscaping plan shall indicate
the method of protection during construction, subject to approval
of the City, for all trees to remain and shall include a plan showing
the currently undeveloped and developed parcels, and the parcels proposed
for development which clearly indicates all trees or canopy areas
to be removed. Conceptual plans with adequate notes and visual examples
will be acceptable at the tentative map approval stage if they contain
all information requested by the City Manager and Community Development
Director, or Planner.
B.
Prior
to the removal of any tree or approval of grading plans, improvement
plans, or a building permit, a detailed tree survey shall be conducted
and submitted to the Community Development Director or Planner for
review. The tree survey shall cover all areas proposed for disturbance
with an additional 25 foot buffer area beyond each area proposed for
disturbance. The tree survey shall include all information required
for a tree removal permit under this chapter, and any additional information
requested by the Community Development Director or Planner.
C.
A minimum
of two trees shall be installed for each subdivision lot. The owner
is required to install trees of type and size indicated on the approved
landscape plans prior to issuance of the certificate of occupancy.
An existing heritage tree that is protected according to this chapter
and located within the first 30 feet of the front yard may be used
to satisfy this requirement in place of installing a new tree.
D.
Once
a tree landscaping plan has been approved, no changes shall be permitted
in the approved plan, without prior review of the City. The approved
tree landscaping plan together with the tree survey approved by the
Community Development Director or Planner, shall constitute a tree
removal permit for any trees designated for removal on the plan and
tree survey.
E.
Each
developer shall install an irrigation system for the landscaped common
areas within the subdivision. The irrigation system shall be designed
to provide adequate water to the various areas of the site including
the areas with oak trees. The system shall be designed with zone as
necessary to address the various needs of the different plant species.
(Ord. 2007-07 § 1; Ord. 2011-05 § 5)
A.
For
every six inches in diameter of protected tree removed, one replacement
tree shall be planted as a replacement (e.g., if a protected tree
with an 18 inch diameter is removed, three replacement trees must
be planted).
B.
Replacement
trees are to be at least five gallons, with a trunk caliper of one
inch or greater.
C.
If the
installation of replacement trees is determined to be infeasible by
the City, an in-lieu fee, as deemed appropriate by City staff based
on current market value of like-sized replacement trees, may be paid.
(Ord. 2011-05 § 6)
A.
All
commercial, industrial, parking lot, and multifamily residential construction
plans shall include tree landscaping and irrigation plans to be prepared
by a landscape architect, licensed landscape contractor, or arborist.
The tree landscaping plan shall indicate all existing trees to remain
(either individually or by reference to specific canopy cover areas),
and all proposed tree landscaping to be installed after the construction
of improvements to the property. The tree landscaping plan shall indicate
the method of protection during construction, subject to approval
of the City, for all trees to remain and shall include a plan showing
the currently undeveloped and developed parcels, and the parcels proposed
for development which clearly indicates all trees or canopy areas
to be removed. A detailed tree survey shall be approved by the Community
Development Director or Planner prior to the removal of any trees
or trees designated for removal on a tree landscape plan.
B.
For every protected tree removed, replacement trees are required as specified in Section 8.20.305.
C.
An approved
irrigation system will be required to ensure the survival of the replacement
trees for the first three years. The City encourages the use of a
water-conserving system design and materials and the use of a drip
irrigation system where appropriate. Changes in the trees to be removed
as designated on the approved tree landscape plan and tree survey,
shall only be permitted upon approval of the City. Any replacement
tree that does not survive, or is determined to be diseased within
the first three years shall be replaced at the expense of the developer/owner.
D.
Every
parking lot shall have at least one tree (minimum trunk caliper not
less than one inch) planted for every three parking spaces, so as
to achieve a minimum of 50% shading of the lot within 15 years. Every
parking lot shall include adequate curb planting areas and an irrigation
system to ensure survival of the trees for the first three years.
Existing trees which are not removed shall be credited towards tree
requirements in the following manner at 1:1/2 ration, e.g., an existing
healthy tree with six-inch minimum trunk diameter measured dbh is
equal to three trees to be installed (parking lots only).
(Ord. 2007-07 § 1; Ord. 2011-05 § 7)
No building permits, site plans, use permits, or grading permits
for any type of improvements will be issued unless a tree landscaping
plan has been approved by the City. The tree landscaping plan shall
be prepared in a professional manner, and the City may require that
it be prepared by a landscape architect, licensed landscape contractor,
or arborist. The tree landscaping plan shall indicate all existing
trees to remain (either individually or by reference to specific canopy
cover areas), and all proposed tree landscaping to be installed after
the construction of improvements to the property. The tree landscaping
plan shall indicate the method of protection during construction,
subject to approval of the City, for all trees to remain and shall
include a plan showing the currently undeveloped and developed parcels,
and the parcels proposed for development which clearly indicates all
trees or canopy areas to be removed.
(Ord. 2007-07 § 1)
In case of conflict between the proposed structure location
and a heritage or protected tree, all reasonable alternatives shall
be considered for location of the structure prior to removal of a
heritage or protected tree or trees.
(Ord. 2007-07 § 1)
