Note: Prior code history: Prior Code §§ 2-17.02-2-17.12;
Ords. 1152, 1653.
The city recognizes that preservation of trees enhances the
natural scenic beauty, sustains the long-term potential increase in
property values which encourages quality development, maintains the
ecology, moderates the effect of extreme temperatures, prevents the
erosion of topsoil, helps create an identity and quality, which enhances
the attractiveness of the city to visitors and increases the oxygen
output of the area which is needed to combat air pollution. For these
reasons the city council finds that in order to promote the public
health, safety and general welfare of the city while at the same time
recognizing individual rights to develop and maintain private property
in a manner which will not be prejudicial to the public interest it
is necessary to enact regulations controlling the removal and preservation
of heritage trees within the city. However, the city council also
recognizes that under certain circumstances heritage trees may properly
be removed. Those circumstances include where heritage trees are dangerous;
are dead or diseased; are so situated on undeveloped land that their
preservation would preclude feasible development; are so abundant
their removal would not destroy the area's natural beauty or
ecology or cause erosion; or have a significant impact on the property.
It is the intent of this chapter to preserve as many heritage trees
as possible throughout the city through staff review and the development
review process.
(Ord. 1737 § 1, 1998; Ord. 2120 § 1, 2015)
For the purpose of this chapter, certain words and terms used
in this chapter are defined as follows:
means the owner of improved property submitting an application
to remove a heritage tree(s) located upon said property. Only the
property owner may apply to remove a heritage tree(s) or appeal the
director's decision.
means an arborist who is registered with the International
Society of Arboriculture and approved by the director.
means the community development director or the director's
designated representative.
means a tree of any species or origin which meets any of
the following:
Any single-trunked tree with a circumference of 55 inches or
more measured four and one-half feet above ground level;
Any multi-trunked tree of which the two largest trunks have
a circumference of 55 inches or more measured four and one-half feet
above ground level;
Any tree 35 feet or more in height;
Any tree of particular historical significance specifically
designated by official action;
A stand of trees, the nature of which makes each dependent upon
the other for survival or the area's natural beauty.
means an unreasonable interference with the normal and intended
use of the property. In determining whether there is a significant
impact, the typical longevity of the subject tree species, as well
as the size of the tree relative to the property, shall be considered.
Normal maintenance, including, but not limited to, pruning, and leaf
removal and minor damage to paving shall not be considered when making
a determination of significant impact.
means heading back of the crown and/or creating large stubs
without regard to form.
(Ord. 1737 § 1, 1998; Ord. 2000 § 1, 2009; Ord. 2019 § 1, 2011; Ord. 2120 § 1, 2015; Ord.
2165 § 1, 2017)
The provisions of this chapter shall not apply to fruit or nut
trees when part of an orchard, the produce of which is used for commercial
purposes.
(Ord. 1737 § 1, 1998)
A.
No
person shall remove, destroy or disfigure, any heritage tree growing
within the city without a permit except as provided in this chapter.
B.
Normal maintenance pruning of heritage trees shall not require a permit but shall in all cases be in conformance with the guidelines in Section 17.16.080. Pruning which, in the reasonable opinion of the director, varies from these guidelines shall be subject to fines and penalties as provided in Section 17.16.110 of this chapter.
(Ord. 1737 § 1, 1998; Ord. 2019 § 1, 2011; Ord. 2165 § 1, 2017)
A.
Except as provided in Section 17.16.050 of this chapter, any person desiring to remove any heritage tree in the city shall make application to the director. Said application shall contain the number, species, size and location of heritage trees to be removed and a brief statement of the reason for removal as well as any other pertinent information the director may require. The permit, if granted, shall entitle the applicant to remove only those heritage trees designated by permit.
B.
With
the express permission of the property owner, the director may visit
the property to inspect the heritage tree or trees in question, and
the surrounding area and shall ascertain the following:
1.
The
condition of the heritage tree with respect to disease, general health,
damage, public nuisance (seasonal leaf drop and release of seed pods
is not a public nuisance), danger of falling, proximity to existing
or proposed structures, interference with utility service and whether
or not the heritage tree acts as host for a plant which is parasitic
to another species of tree which is in danger of being exterminated
by the parasite;
2.
Whether
the tree has a significant impact on the property;
3.
The
necessity to remove any heritage tree in order to construct any proposed
improvements to allow for the economic enjoyment of the property;
4.
The
number of existing trees in the neighborhood or area on improved property
and the effect removal would have upon the public health, safety,
general welfare of residents and upon the property value and beauty
of the area;
5.
The
topography of the land upon which the heritage tree or trees are situated
and the effect of removal thereof upon erosion, soil retention and
diversion or flow of surface waters;
6.
Good
forestry practices, i.e., the number of healthy trees that a given
parcel of land will support.
C.
The
director may grant a permit for removal of heritage tree(s) if director
determines the criteria of subsection B.1, 3, 4, 5 or 6, above, are
satisfied. As a condition of granting a permit for removal, the director
may require that the applicant: plant appropriate replacement tree(s);
and irrigate for establishment of such tree(s). The director may require
that the replacement tree(s) is climate adapted and may offer the
applicant options on the species of such replacement tree(s) and shall
determine the size of the tree(s) and the timeline for planting the
tree(s). Finally, the director may refer the application to any city
department or commission for review and recommendation.
(Ord. 1737 § 1, 1998; Ord. 2192 § 2, 2019; Ord. 2216 § 2, 2021)
A.
Where
the applicant applies to remove a heritage tree on grounds that it
has a significant impact on the property as provided in Section 17.16.020(B)(2),
the heritage tree board of appeals shall conduct a hearing. The hearing
shall be set not less than 15 days and not more than 60 days from
the date the application is filed.
B.
The
city clerk shall set a date for hearing and shall notify all interested
parties and property owners within 300 feet of the property on which
the tree(s) at issue are located. The director shall submit a report
to the heritage tree board of appeals, along with any departmental
recommendations.
C.
The
heritage tree board of appeals shall conduct a hearing on the application.
Following the hearing of any such application, the heritage tree board
of appeals may approve the application, with or without conditions,
or may deny the application. The action of the heritage tree board
of appeals on any such application shall be final and conclusive.
(Ord. 1737 § 1, 1998; Ord. 2019 § 1, 2011; Ord. 2192 § 2, 2019)
A.
The
director shall issue a permit to remove a heritage tree or trees if
it is determined that one of the following conditions exists:
1.
The
heritage tree is in such a dangerous or hazardous condition as to
threaten or endanger the safety of people, structures, other property
or other heritage trees;
2.
The
heritage tree has a significant impact on the property;
3.
The
heritage tree is dead, dying or diseased and good forestry practices
cannot be reasonably undertaken to preserve the tree; or
4.
Where
the heritage tree in question is not diseased or hazardous, the removal
of the tree is consistent with the purpose and intent of this chapter
and in keeping with the health, safety and general welfare of the
community.
B.
The
director shall notify the applicant in writing of the determination
giving the reason for the application's approval or denial.
(Ord. 1737 § 1, 1998)
A.
For
decisions not involving new property development, the director's
decision may be appealed only by the applicant. Such appeal must be
submitted in writing to the city clerk within 20 days of the decision,
and shall briefly state facts and the grounds of the appeal and be
signed by the applicant filing the appeal.
B.
Appeals
shall be heard by the heritage tree board of appeals.
C.
The
city clerk shall set a date for hearing and shall notify all interested
parties and property owners within 300 feet of the tree(s) at issue.
The director shall submit a report to the heritage tree board of appeals,
along with any departmental recommendations.
D.
The
heritage tree board of appeals shall conduct a hearing on the appeal.
Following the hearing of any such appeal, the heritage tree board
of appeals may affirm, reverse or modify the action of the director
and may take any action thereon which would have been authorized in
the first instance. The action of the heritage tree board of appeals
on any such appeal shall be final and conclusive.
(Ord. 1737 § 1, 1998; Ord. 2019 § 1, 2011; Ord. 2165 § 1, 2017)
There is created and established a board of appeals consisting
of three members, two planning commissioners and one park and recreation
commissioner appointed by their respective commissions. The board
shall elect a chairperson. The director shall be an ex officio member
of said board and shall serve as secretary. The board shall adopt
reasonable rules and regulations for conducting its business.
(Ord. 1737 § 1, 1998)
The board of appeals shall:
A.
Hold
a hearing within 60 days after the city's receipt of appeal,
to hear such testimony by any department of the city, the applicant
who filed the appeal, or any interested party.
B.
Make
a decision at the hearing (unless the hearing is continued) upholding,
reversing or modifying the director's decision. The decision
of the board shall be final.
(Ord. 1737 § 1, 1998; Ord. 2019 § 1, 2011; Ord. 2179 § 2, 2018)
A.
Any
person desiring to remove one or more trees on any property in the
city which is related to the development of such property requiring
city approval or where any tree may be affected by a proposed development
shall include in the application to the appropriate city reviewing
body as part of the regular application, the following:
1.
Depending
on the scope of the development, the director may require the applicant
to provide a tree survey plan, including all trees which will be affected
by the new development. The survey, noting all trees six inches in
diameter and greater, shall specify the precise location of trunk
and dripline, size, health and species of all existing trees on the
property with a special notation of those classified as a heritage
tree;
2.
Depending
on the scope of the development, the director may require the applicant
to provide a tree report by a certified consulting arborist. The tree
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 trees, recommendations
for any special precautions necessary for their preservation and shall
also indicate which trees are proposed for removal;
a.
The director may require that the tree report include an appraisal
of the condition and replacement value of all trees affected by the
development. The appraisal of each tree shall recognize the location
of the tree in the proposed development. The appraisal shall be performed
in accordance with the current edition of the "Guide for Plant
Appraisal" under the auspices of the International Society of
Arboriculture. The appraisal shall be performed at the applicant's
expense, and the appraiser shall be subject to the director's
approval;
3.
The tree survey plan and tree report (if any) shall be forwarded to the director, who shall indicate in writing which trees are recommended for preservation using the same standards set forth in Section 17.16.020 of this chapter. This report shall be made part of the staff report to the city reviewing body upon its consideration of the application for new property development;
4.
The
city reviewing body through its site and landscaping plan review shall
endeavor to preserve all trees recommended for preservation by the
director. The city reviewing body may determine that any of the trees
recommended for preservation should be removed, if there is evidence
submitted to it, that due to special site grading or other unusual
characteristics associated with the property, the preservation of
the tree(s) would significantly preclude feasible development of the
property;
a.
If trees are approved for removal, mitigation may include, but is
not limited to: (i) replacement planting with particular tree species,
sizes and numbers; (ii) payment towards the city's urban forestry
fund for the appraised value of all trees removed from the site less
the cost of installed trees, as determined by the director;
5.
Approval
of final site or landscape plans by the appropriate city reviewing
body indicating which trees are to be removed shall constitute the
approval and permit for the purpose of this chapter.
B.
Depending
on the scope of the development, the director may require that prior
to acceptance of subdivision improvements or final inspection, the
developer shall submit to the director a final tree report to be performed
by a certified consulting arborist. This report shall consider all
trees that were to remain within the development. The report shall
note the trees' health in relation to the initially reported
condition of the trees and shall note any changes in the trees'
numbers or physical conditions. The applicant will then be responsible
for the loss of any tree not previously approved for removal. For
trees which were not previously approved for removal but were in fact
removed during construction, the developer shall pay a fine in the
amount equal to the appraised value of the subject tree. The applicant
shall remain responsible for the health and survival of all trees
within the development for a period of one year following acceptance
of the public improvements of the development.
C.
Prior
to the issuance of any permit allowing construction to begin, the
applicant shall post cash, bond or other security satisfactory to
the director, in the penal sum of greater of either $5,000.00 or the
appraised value for each tree required to be preserved, up to a maximum
of $100,000. The cash, bond or other security shall be retained for
a period of one year following acceptance of the public improvements
for the development or final inspection, as applicable, and shall
be forfeited in an amount equal to the greater of either $5,000.00
per tree or the appraised value of the tree as a civil penalty in
the event that a tree or trees required to be preserved are removed,
destroyed or disfigured. The director may allow for an early release
all or a portion of such cash, bond or other security in director's
reasonable discretion.
D.
An
applicant with a proposed development which requires underground utilities
shall avoid the installation of said utilities within the dripline
of existing trees whenever possible. In the event that this is unavoidable,
all trenching shall be done by hand, taking extreme caution to avoid
damage to the root structure. Work within the dripline of existing
trees shall be supervised at all times by a certified consulting arborist.
(Ord. 1737 § 1, 1998; Ord. 2165 § 1, 2017; Ord. 2192 § 2, 2019)
A person may remove or prune a heritage tree without a permit if there is an emergency caused by a heritage tree being in a hazardous or dangerous condition requiring immediate action for the safety of structures or human life. In such event, the director shall be notified at the earliest opportunity in order to confirm the emergency situation. If the director determines that the situation was not an emergency requiring immediate action, the person removing or damaging the heritage tree shall be subject to fines and penalties set forth in Section 17.16.110 of this chapter.
(Ord. 1737 § 1, 1998)
All persons shall comply with the following precautions:
A.
Prior
to the commencement of construction, install a sturdy fence at the
dripline of any tree which will be affected by the construction and
prohibit any storage of construction materials or other materials
inside the fence. The dripline shall not be altered in any way so
as to increase the encroachment of the construction.
B.
Prohibit
excavation, grading, drainage and leveling within the dripline of
the tree unless approved by the director.
C.
Prohibit
disposal or depositing of oil, gasoline, chemicals or other harmful
materials within the dripline or in drainage channels, swales or areas
that may lead to the dripline.
D.
Prohibit
the attachment of wires, signs and ropes to any heritage tree.
E.
Design
utility services and irrigation lines to be located outside of the
dripline when feasible.
F.
Retain
the services of a certified consulting arborist for periodic monitoring
of the project site and the health of those trees to be preserved.
The certified consulting arborist shall be present whenever activities
occur which pose a potential threat to the health of the trees to
be preserved (for example, when work occurs within the dripline of
trees to be preserved).
G.
The
director shall be notified of any damage that occurs to a tree during
construction so that proper treatment may be administered.
(Ord. 1737 § 1, 1998; Ord. 2165 § 1, 2017)
All pruning of heritage trees shall be performed by in accordance
with International Society of Arboriculture pruning guidelines and
shall comply with the guidelines established by the International
Society of Arboriculture, Best Management Practices, Tree Pruning,
current edition and any special conditions as determined by the director.
For developments which require a tree report, a certified consulting
arborist shall be in reasonable charge of overseeing all activities
involving heritage trees.
(Ord. 1737 § 1, 1998; Ord. 2019 § 1, 2011; Ord. 2165 § 1, 2017)
A.
Any
public utility installing or maintaining any overhead wires or underground
pipes or conduits in the vicinity of a heritage tree shall obtain
permission from the director before performing any work, including
pruning, which may cause injury to the heritage tree.
B.
The
director shall inspect said pruning work to ensure that appropriate
pruning practices are followed. The public utility shall follow pruning
practices conforming to the International Society of Arboriculture
pruning standards to promote the well-being of the tree. Topping shall
not be permitted unless specifically approved by the director. The
director shall stop any tree pruning performed by a utility if said
practices are not being followed.
(Ord. 1737 § 1, 1998)
Any person engaged in the business of pruning heritage trees
within the city shall be a California licensed contractor and shall
carry public liability and property damage insurance as determined
by the city attorney.
(Ord. 1737 § 1, 1998)
A.
Any
person who unlawfully removes or destroys a heritage tree shall pay
a civil penalty in the amount of the appraised value of the tree,
or other amount reasonably determined by the director of community
development. If there is inadequate plant material to properly appraise
the tree, the penalty shall be $5,000.00, or other amount reasonably
determined by the director of community development. Any person who
unlawfully disfigures a heritage tree whether through vandalism, improper
pruning or other actions, shall pay a civil penalty commensurate with
the damage; the amount shall be determined by the director in accordance
with the "Guide for Plant Appraisal" under the auspices
of the International Society of Arboriculture; or other amount reasonably
determined by the director of community development. The collection
of the penalties may be enforced by civil action brought in the name
of the city by the city attorney.
B.
The amount of a fine or penalty imposed as described in subsection A, may be appealed by the person subject to such fine or penalty by submitting a written appeal to the city clerk within 20 days of the date of the imposition of such fine or penalty, and shall state facts and grounds for the appeal and be signed by the appellant. Such appeals will be heard by the heritage tree board of appeals as provided in Section 17.16.046.
C.
The
cost of replacement plant material may be considered as partial payment
of any penalty under this chapter.
(Ord. 1737 § 1, 1998; Ord. 2120 § 1, 2015; Ord. 2179 § 2, 2018)
The provisions of this chapter shall supplement but not supplant
other provisions of this code relating to the preservation of trees.
(Ord. 1737 § 1, 1998)
