For the purposes of this chapter, the following words and phrases
shall have the meanings set forth in this section.
"Accepted arboricultural standards"
means those pruning standards approved in the publication
"Pruning Standards" published by the International Society of Arboriculture,
as the same now exists and may be revised from time to time.
"Accepted arboricultural practices"
means practices set forth as acceptable or better in current
generally accepted textbooks on arboriculture and tree care and in
current professional journals on arboriculture or university level
publications on tree care.
"Alter"
means to take an action that could foreseeably diminish the
health or vigor of a tree. "Alter" includes, but is not limited to,
excessive or improper pruning of a tree, grade changes around or near
a tree, excessive irrigation of a tree, and trenching in the root
zone of a tree. "Alter" does not include: periodic trimming, shaping,
thinning or pruning of a tree to preserve or protect its health, growth
or appearance, in accordance with accepted arboricultural standards
and practices; provided, however, that any, including root pruning
of a heritage tree shall be done only by a certified tree worker,
certified arborist, or with a certified arborist in attendance and
supervising the entire process.
"Certified arborist"
means a person who has been tested by and is currently certified
as an "arborist" by the International Society of Arboriculture or
a person who, as determined by the director, is equally qualified
in the field of arboriculture.
"Certified tree worker"
means a person who has been tested by and is currently certified
as "tree worker" by the International Society of Arboriculture or
a person who, as determined by the Director, is equally qualified
in the field of arboriculture.
"Circumference"
means the circumference of a tree measured around the tree's
outside bark four and one-half feet above the average natural ground
level immediately surrounding the trunk of the tree.
"Developed property in a R-1, R-1-6, R-1-7.5, R-1-9, PRD, or
a R-1-PD zoning district"
means a lot within one of these zones which is improved with
a single-family dwelling and the lot, due to its size, is incapable
of being further subdivided under the zoning regulations which are
applicable to it. "Developed property in a R-1, R-1-6, R-1-7.5, R-1-9,
PRD, or a R-1-PD zoning district" also means a lot within one of these
zones which is improved with a single-family dwelling and which, due
to its size, is technically capable of being further subdivided under
the zoning regulations applicable to it, but which, due to the location
of the dwelling on the lot, the size and condition of the dwelling,
and the comparable size of the other developed lots within the neighborhood
or other circumstances, such as the topography or shape of the lot,
is unlikely, as determined by the director in writing, to be approved
for further subdivision.
"Director"
means the director of the City's Department of Community
Development or a person or persons within that Department designated
by the Director to perform any of the discretionary duties or responsibilities
of the Director and are set forth in this chapter.
"Director of recreation and parks"
means the Director of the Recreation and Parks Department
of the City or a person or persons within that department designated
by the department's director to perform any of the discretionary duties
or responsibilities of the Director which are set forth in this chapter.
"Diameter."
In each instance where the diameter of a tree is listed in
this chapter, the listed diameter is a tree's diameter measured four
and one-half feet above the average natural ground level immediately
surrounding the trunk of the tree and has been determined by dividing
the tree's listed circumference, as "circumference" is defined in
this chapter, by the number 3.14. In any instance where the diameter
of a tree is needed to interpret or implement any provision of this
chapter, it shall be determined by dividing the tree's actual "circumference,"
as defined in this chapter, by the number 3.14.
"Drip line"
means an area of the ground delineated by the vertical projection
of the outside periphery of the crown area of a tree down to the ground
surface.
"Heritage tree"
means any of the following:
(1)
A tree or grove of trees so designated by a resolution of the
Planning Commission, upon nomination by the Director of Community
Development or the Planning Commission and after the holding of a
noticed public hearing, having a specific historical or cultural association
or value due to its age, species, character, location, height and/or
the circumstances of its planting or origin.
(2)
Any of the following trees, native to the County, whether located
on private or public property, which has a diameter or a circumference
equal to or greater than that listed below:
Species/Common Name
|
Diameter
|
Circumference
|
---|
1. Oak Family
|
|
|
(a) Quercus lobata—valley oak
|
6″
|
19″
|
(b) Q. agrifolia—live oak
|
18
|
57
|
(c) Q. kelloggii—black oak
|
18
|
57
|
(d) Q. garryana—Oregon or white oak
|
18
|
57
|
(e) Q. chrysolepis—canyon oak
|
18
|
57
|
(f) Q. douglasii—blue oak
|
6
|
19
|
(g) Q. wislizenii—interior live oak
|
18
|
57
|
2. Sequoia sempervirens—redwood
|
24
|
75
|
3. Umbelluloria californica—bay
|
24
|
75
|
4. Arbutus menziesii—madrone
|
12
|
38
|
5. Aesculus californica—buckeye
|
6
|
19
|
6. Pseudotsugas menzesii—douglas fir
|
24
|
75
|
7. Alnus oregona—red alder
|
18
|
57
|
8. Alnus rhombifolia—white alder
|
18
|
57
|
9. Acer macrophyllum—big leaf maple
|
24
|
75
|
"Protected tree"
means any tree, including a heritage tree, designated to
be preserved on an approved development plan or as a condition of
approval of a tentative map, a tentative parcel map, or other development
approval issued by the City.
(1)
When property is situated within the R-1, R-1-6, R-1-7.5, R-1-9, PRD, or R-1-PD zoning districts, a tree designated as a "protected tree" in connection with the approval of the property's development shall lose that designation when the property has been improved or developed as described in subsection G of Section
17-24.020 and the dwelling on the property has been occupied as a residence.
(2)
For all other properties, any tree situated thereon which has been designated as a "protected tree" shall retain that designation until the tree reaches a stage of growth to come within the definition of tree as set forth in subsection P of Section
17-24.020.
"Root zone"
means the area of ground around the trunk of a tree which
includes the drip line and an additional 10 foot wide circular strip
of ground around the outside of the drip line.
"Street tree"
means any tree having a single trunk circumference greater
than six and one-quarter inches or a diameter greater than two inches,
a height of more than six feet, and one half or more of its trunk
is within a public right-of-way or within five feet of the paved portion
of a City street or a public sidewalk.
"Tree"
means any woody plant having a single trunk circumference
of twelve and one-half inches or more, or a diameter of four inches
or more or a combination of multiple trunks having a total circumference
of 25¼ inches or more, or a total diameter of eight inches
or more.
"Person"
means any individual, or group of individuals, any partnership
or corporation, or any unincorporated association. "Person" includes
the City.
"Remove"
means the cutting down of a tree or the relocation of a tree
in a manner not in accordance with accepted arboricultural practices.
"Relocate"
means to relocate a tree from the place where it is growing
and replanting it in another location in accordance with accepted
arboricultural practices and with the intent and a reasonable expectation
that it will survive and grow in the new location.
(Ord. 2858 § 1, 1990)