This chapter establishes regulations and standards to promote the benefits of a healthy urban forest. The intent of this chapter is as follows:
A. 
Establish and maintain to the greatest possible extent a maximum amount of street tree coverage along all public rights-of-way, public parks, city facility grounds, and other city-owned land;
B. 
Maintain city trees in a healthy condition through good and current arboricultural practices;
C. 
Promote appropriate diversity in city tree species and age classifications to perpetuate a sustainable urban forest; and
D. 
Preserve and protect city trees from the rigors and adverse conditions of the urban environment and create favorable conditions for the protection of trees.
(Ord. 5385 § 6, 2004; Ord. 6022, 2/13/2024)
For the purposes of this chapter, the following words shall have the meanings ascribed to them unless otherwise noted:
"City tree"
means any tree, where the centerline of the trunk of same lies within the public right-of-way as determined by the director, or is located upon city-owned land.
"Community forest management plan"
means a plan developed and implemented by the city which sets forth city policies, procedures, standards and other relevant guidelines regarding the selection, planting, maintenance and removal of all city trees, protected private trees, and establishes general preservation and planned management objectives to promote and perpetuate a sustainable urban forest.
"Community forest" or "community forestry"
means the management of all of the city's trees, plants and shrubs emphasizing practices of proven, professional and planned management standards for the benefit of the entire community.
"Construction permit"
means any official document or official certificate, issued by the city, which is deemed by the director to potentially impact a city tree and authorizes or provides discretionary approval for:
1. 
Development activities, including, but not limited to, grading, excavation, construction, erection, installation, enlargement, alteration, conversion, reconstruction, remodeling, rehabilitation, improvement, demolition, moving, or repair of a building or a structure on public or private property; or
2. 
Includes, but is not limited to: a building permit, building-combination permit, building-fence-wall permit, demolition permit, electrical permit, encroachment permit, excavation permit, grading permit, industrial waste permit, mechanical permit, parkway landscaping permit, plumbing permit, pool permit, roofing permit, sidewalk-driveway permit, or street use permit; or
3. 
A land use entitlement, permit, or approval, issued by the city under Title 16 or Title 30 of this code, which the city has discretion to approve or deny and includes, but is not limited to: a conditional use permit, parking use permit, variance, administrative exception, design review, tentative parcel or tract map, subdivision, parking reduction permit, parking exception, general plan amendment, specific plan or a specific plan amendment, change of zone or district, administrative relocation, relocation permit, historic designation, ridgeline or blue-line stream exception, setback ordinance, or special recreation zone development plan review.
"Damage"
means any act or omission that substantially affects or jeopardizes the long-term health of, or causes disfigurement to, a city tree, as determined by the director.
"Designated street tree list"
means a master list of specific city street tree species which have been designated by the director of public works, for each city street, or portion thereof, as the preferred species of tree to be planted and maintained within said street.
"Director"
means the director of public works or the director's authorized designee or agent.
"Dripline"
means the largest outside perimeter of the canopy of a tree drawn on the ground as an imaginary line.
"Hardscape"
means any permanent structure or street improvement made of concrete, asphalt, brick or other such material, located in areas, including, but not limited to, sidewalks, curbs, gutters, driveways, driveway aprons and streets.
"Maintain" or "maintenance"
means activities such as but not limited to root pruning, trimming, spraying, watering, fertilizing, mulching, treating for disease or injury, or any other similar act which promotes growth, health, beauty and life of a tree.
"Open space tree"
means any tree where the centerline of the trunk of same lies within city-owned land designated as open space or otherwise unmaintained land. These trees are left in a natural condition and not maintained by the city, excepting situations where the city receives notice of an adverse condition in any tree, in line with the city's Open Space and Conservation Element.
"Parkway"
has the same meaning ascribed to the term "parkway" in Section 12.04.005 of this code.
"Person"
means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized.
"Professionally accepted standards"
means those standards established by the International Society of Arboriculture, National Arborists Association or American National Standards Institute, and as such other standards as may be subsequently amended, which standards are for the care, maintenance, preservation, protection, removal and planting of trees.
"Property owner"
means a person who is the record owner, as shown on the Los Angeles County Assessor's latest secured real property assessment roll, of the real property on which or adjacent to which a city tree was planted, destroyed, removed, or damaged.
"Protected zone"
means (1) that area within the dripline of a protected indigenous tree and extending to a point one foot outside the dripline; or (2) that area extending from the outside edge of the trunk one foot per one inch of trunk diameter; whichever is larger, or more suited to the location, as determined by the director.
"Pruning" also known as "trimming"
means the reduction of the density of a tree using professionally accepted standards to control the structure and spread of a tree, lessen wind resistance, preserve its health and natural appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within the branches, or making adjustments which will increase its longevity in an urban environment.
"Qualified tree expert"
means an individual who performs professional services and has met the qualifications of one of the following: International Society of Arboriculture (ISA) certified arborist, American Society of Consulting Arborists (ASCA) registered consulting arborist, California State Board of Forestry registered state forester, or California Urban Forest Council (CaUFC) certified urban forester.
"Replacement tree"
means the largest commonly available transplantable nursery specimen for the Southern California region of a species required by the director to replace the tree proposed for cutting, moving, encroachment upon, or removal, or of the tree actually damaged or destroyed.
"Right-of-way"
means a strip of land acquired for use by the public for the right of passage and maintenance of improvements, including, but not limited to, public streets, sidewalks and parkways.
"Topping" also known as "heading back," "stubbing," or "pollarding"
means a severe type of trimming which results in the cutting back of large diameter branches to stubs. Similar practices include "hat-rack" or "coat-rack" cuttings and are also included in this definition. Such severe practices produce undesirable results than more moderate pruning with respect to a tree's natural form and which is generally hazardous to the overall health and stability of a tree.
"Tree"
means a woody perennial plant usually having a single elongate main stem generally with few or no branches on its lower part and which attains a minimum height of 18 feet, and is not inclusive of woody perennial plants closely spaced and trained to form a barrier or hedge, or to mark the boundary of an area, such as between neighboring properties.
"Urban forest" or "urban forestry"
means the management of all of the city's trees, plants and shrubs emphasizing practices of proven, professional and planned management standards for the benefit of the entire community.
(Ord. 5385 § 7, 2004; Ord. 6022, 2/13/2024)
A. 
The director shall have charge of, direct and supervise the planting, removal, trimming, pruning, cutting and maintenance of city trees—and shall have charge of all work incidental thereto, and shall have the authority to grant, suspend, revoke or deny all permits for the replacement, removal, planting, cutting, pruning or trimming of city trees.
B. 
The director is further authorized to do the following:
1. 
Determine the variety, size and spacing of city trees that may be planted in any public right-of-way or any portion thereof, or on any city-owned land.
2. 
Determine the needs of the city in connection with its urban forestry program.
3. 
Have charge of, direct and supervise the planting, removal, trimming, pruning, root pruning, cutting and maintenance of all city street trees and all work incidental thereto.
4. 
Establish and revise a community forest management plan and a designated street tree list.
5. 
Review all landscaping, construction permit or development plans as said plans may affect city trees.
6. 
Have charge of enforcing and carrying out the regulations prescribed in this chapter.
7. 
Prepare and keep records, maps or plans showing the species of city trees under the director's supervision.
(Prior code § 26-90; Ord. 5385 § 8, 2004; Ord. 6022, 2/13/2024)
It shall be the duty of the director to cause to be inspected all city trees, excepting open space trees, and, if any trees are infected with a disease, or infested by insect, plant, or animal, detrimental to the growth, health, or life of such trees, shall remove, eradicate or destroy such condition. If any such trees are so infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed, the director may cause the removal and destruction of any such trees, if in the director's judgment it shall seem best.
(Prior code § 26-91; Ord. 5385 § 9, 2004; Ord. 6022, 2/13/2024)
A. 
Owners, occupants or any persons having control of private property upon which one or more city trees reside, shall provide adequate water to all said city trees.
B. 
Any person (including, but not limited to, an architect, engineer, contractor or developer) who applies for a construction permit shall submit an accurate plan showing the exact location of each city tree adjacent to the subject property and all city trees whose trunks or branches are located within 20 feet outside the subject property line. The tree's size, species, diameter, and dripline shall be included on this plan.
C. 
It is unlawful for any owner, occupant, or person having the control or care of any lot or premises in the city to allow the following acts upon such premises or upon the sidewalk or parkway adjacent to such premises:
1. 
Cut, damage, carve, transplant, prune, root prune or remove any city tree, except as permitted by permit issued pursuant to this chapter. Tree topping, heading back, stubbing and pollarding of city trees is strictly prohibited.
2. 
Attach or keep attached to any city tree or to any guard or stakes intended for the protection thereof, any rope, wire, nails, tacks, staples, advertising posters or any other device or artificial arrangement.
3. 
Intentionally misrepresent, mislabel, or fail to identify the location, size, species, diameter, or dripline of a city tree on an application or plan submitted to the city for a construction permit.
4. 
Fail to adhere to tree protection requirements, or any other requirements, imposed as a condition of approval in a construction permit with the city.
5. 
Cause or allow, without written permission of the director:
a. 
Any substances harmful to trees to lie, leak, pour, flow or drip upon, or be applied into a city tree, or into the soil within the dripline of any city tree;
b. 
Fire or heat to be set to any city tree so as to injure any portion of said tree;
c. 
The operation of any equipment, such as mechanical weeding devices, in such a manner as to cause damage to a city tree;
d. 
The use of any heavy equipment or machinery under the dripline of any city tree, outside of existing hardscape in a manner as to cause damage to a city tree, without sufficient safeguards and protections as determined by the director;
e. 
A change of the natural grade of the land by excavation or filling-in within the dripline of any city tree;
f. 
The injury to any city tree due to neglecting to provide the necessary amount of water, as determined by the director, for said tree's continued good health and viability;
g. 
The application or maintenance of any paving or encroachment in such a manner as to damage or interfere with the root system of any city tree, including, but not limited to: artificial turf, landscape fabric, and decomposed granite with a binding compound;
h. 
The placement of any building material or other material about any city tree in any manner that will in any way injure such tree, as determined by the director, inclusive of soil, rocks, and new shrub, vine, turf, or other plant installation.
D. 
As a condition of any type of construction permit, a permittee shall provide such sufficient safeguards and protections as determined by the director, so as to prevent injury to any affected city trees, and shall not begin work until such determinations have been made.
(Prior code § 26-92; Ord. 5385 § 10, 2004; Ord. 6022, 2/13/2024)
No city tree shall be planted other than the species designated by the director for the particular street, or portion of a street in accordance with the designated city street tree list and the conditions as may be set forth in a community forest management plan. No city tree shall be planted, except by the city, unless the director issues a permit as provided in this chapter. No species of tree or trees intended to be maintained as hedges shall be planted within public rights-of-way, or other public property, except by the city, unless the director issues a permit as provided in this chapter.
(Prior code § 26-94; Ord. 5385 § 12, 2004; Ord. 6022, 2/13/2024)
A. 
No person shall plant, remove, relocate, or damage, as defined in this chapter, any city tree, without first obtaining a permit under this chapter to do so from the director of public works. Additionally, no owner, occupant, or person having the control or care of any lot or premises in the city shall allow the planting, removal, relocation, or damage, as defined in this chapter, of any city tree upon such premises or upon the sidewalk or parkway adjacent to such premises except as subject to a permit under this chapter. This section shall not apply to city staff performing assigned duties, or to Glendale Water and Power, or to any telephone or electric utility when trimming trees to comply with Rule 35 Overhead Line Construction, General Order No. 95, California Public Utilities Commission.
B. 
Permit Applications and Fees.
1. 
Applications for permits under this chapter shall be made to the public works division on forms provided by the director and shall include such information as the director deems necessary to review the application.
2. 
An application for any permit under this chapter shall be accompanied by a nonrefundable application fee established by resolution of the city council.
3. 
The director shall issue the permit if, in his or her judgment, the proposed work is desirable and the proposed method and workmanship is performed to professionally accepted standards as defined in this chapter. Any permit so issued shall contain a date of expiration and the work shall be completed in the time allowed on the permit and in the manner described therein. The permit issued for the planting of such trees shall state the variety of trees that shall be planted, the distance apart at which the same shall be planted, the location of each tree and the size thereof.
4. 
As a condition of a permit, the director may impose additional measures or requirements to preserve and protect the health of trees that remain, relocated trees, and/or new trees planted to replace those removed. The measures may include, but are not limited to, any of the following:
a. 
Erecting temporary or permanent protective fencing around the trees, so that no substantial disruption or removal occurs to the structure of the feeder roots of a city tree;
b. 
Prohibiting mechanical activity within the dripline of a city tree;
c. 
Prohibiting placement of fill material within the dripline of a city tree, unless an adequate drainage and aerification system is provided for the tree(s) to the director's satisfaction.
d. 
Requiring the employment of qualified tree expert to perform the permitted work, or at that's person's expense to provide a tree report as detailed in Chapter 12.44, to provide a complete analysis of the proposed impacts to the trees, and follow recommended actions in that report, with a qualified tree expert retained to monitor impacted trees for the duration of the project.
e. 
Requiring the installation of irrigation systems suited to tree establishment and mature tree watering within the right-of-way.
5. 
The director may order the work to immediately cease in the event that the director determines the work or conditions set forth in the permit are in violation of this chapter.
6. 
Approval of a permit issued under this chapter is contingent upon full compliance with all terms and condition imposed as part of the approval. If the director determines the property owner, developer, or permit holder has violated, or failed to comply with any of the permit's terms or conditions, the director, upon written notice to the property owner, developer, or permit holder, may suspend, revoke, or restrict the permit, or impose new or additional conditions on the permit.
(Prior code § 26-96; Ord. 5385 § 14, 2004; Ord. 6022, 2/13/2024)
The director shall not issue a permit for removal of a city tree unless the director finds one of the following conditions to be present:
A. 
The city tree is infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed;
B. 
The city tree is dead, or is seriously injured or damaged;
C. 
The removal of the city tree is necessary to provide vehicular ingress or egress to adjoining property;
D. 
The removal of the city tree is necessary for street opening, widening and improvement;
E. 
The city tree is of a kind determined by the director to be undesirable in parkways due to its invasive nature or other arboriculturally undesirable habits;
F. 
There are exceptional circumstances or conditions applicable to the city tree involved or to the intended use or development of the property in front of which the city tree is located that the director deems do not apply generally to other city trees.
(Prior code § 26-97; Ord. 5385 § 15, 2004; Ord. 6022, 2/13/2024)
As a condition to any permit to remove any city tree, the director may require that the permittee plant a replacement city tree or trees in place of the one to be removed. It is a violation of this code for the permittee to fail, refuse or neglect to plant a replacement city tree of the type and size specified in a permit in place of the one removed, within 40 days from the date of the issuance of the permit.
(Prior code § 26-98; Ord. 5385 § 16, 2004; Ord. 6022, 2/13/2024)
Whenever the director determines that a replacement city tree of any type cannot be located within the adjacent right-of-way or city property due to lack of sufficient space, before issuance of the permit, the property owner, developer, or permit applicant may be required to pay to the city a tree installation and establishment fee, in an amount established by resolution of the council, to plant and establish the replacement tree or trees on public property.
(Ord. 6022, 2/13/2024)
In addition to any other requirement of law, the director may require that no permit be issued unless, prior to issuance, the permittee deposits with the director an amount equal to the value of such tree, and in the event replacement of the tree is required, such additional amount as determined by the director as sufficient to cover the cost of installation and equipment to replace such tree or trees. Such amounts deposited shall be nonrefundable except as follows:
A. 
Upon verification by the director that the permittee has satisfactorily complied with the provisions of such permit, the permittee shall be entitled to a return of the entire installation and equipment deposit and additionally for such amounts as the permittee demonstrates were actually incurred for the replacement tree(s), exclusive of accessories or attachments, provided such reimbursement shall not exceed the amount of the deposit.
B. 
Upon determination by the director that the permittee has failed to comply with the permit, all amounts deposited by such permittee shall be forfeited to the city and may be used for any public purpose for which the city is authorized to expend public money.
C. 
In the case of a relocation permit, upon determination by the director that the relocated tree or trees have been successfully relocated, and have thrived for a sufficient period of time to insure their continued survival, the permittee shall be entitled to a return of the entire amount so deposited. In the event that the director determines that the tree or trees have not been successfully relocated, or are not thriving, then such deposit shall be forfeited and may be used in accordance with subsection B of this section. The determination by the director as to whether a relocation has been successful, or whether a tree is thriving, shall be final.
(Prior code § 26-98.5; Ord. 5385 § 17, 2004; Ord. 6022, 2/13/2024)
A. 
As a condition of all issued permits to prune, root prune, perform work near, or remove a city tree, the applicant must give notice in the manner as required in this section, any applicable provision of the Community Forest Management Plan, and as determined by the director when the permit is issued.
B. 
Notices must be posted at least three days prior to the scheduled date of work.
C. 
Notices must be posted in a format determined by the city at a prominent point on private property adjacent to the public right-of-way, so that all information is clearly displayed pertaining to:
1. 
A full copy of the issued permit itself, including all conditions; and if the printed permit does not include the following information;
2. 
Description of the protected tree inclusive of species, size, and location; and
3. 
Description of the approved work to be performed.
D. 
Failure to give notice as required will be considered a violation of permit conditions as described in this chapter.
(Ord. 6022, 2/13/2024)
Any person aggrieved by any action of the director in determining the variety of city street trees that may be planted in any street may appeal to the council within the time and in the manner provided in Chapter 2.88.
(Prior code § 26-101; Ord. 5385 § 20, 2004; Ord. 6022, 2/13/2024)
A. 
The penalties of this chapter are non-exclusive and supplementary to existing rights and remedies. Nothing in this chapter shall be deemed to prevent the city from commencing a criminal or civil action with respect to any violation of the provisions herein.
B. 
Any person who destroys, removes, or damages a city tree to such a degree where the director determines the damage is irreversible and the tree must be removed; or allows destruction, removal, or irreversible damage to occur to a city tree without having a valid permit to do so, shall be liable to the city in an amount equal to the value of the tree and such additional amounts as determined by the director to cover the administrative cost of enforcing this chapter as to such person. Such costs shall be considered restitution to the city and shall be deposited into the city's urban forestry fund.
C. 
Any person who damages a city tree or causes or allows damages to a city tree, without having a valid permit to do so, shall be responsible for returning such tree to a condition acceptable to the director. Methods for remedy of the tree's condition shall be as proscribed or required by the director, including, but not limited to, requiring any person to employ a qualified tree expert at that's person's expense to provide a tree report as detailed in Chapter 12.44, and follow recommended actions in that report.
D. 
Upon determination by the director that a replacement tree is necessary and required, an amount shall also be assessed upon such person equal to the estimated cost of installation and equipment necessary to replace and establish such tree. Such cost shall not exceed 100% of the value of such tree.
(Prior code § 26-102; Ord. 5385 § 21, 2004; Ord. 6022, 2/13/2024)
In addition to any other penalties or remedies allowed by law or prescribed in this chapter, violation of any provision of this chapter shall constitute grounds for administrative citation under Chapter 1.24 of this code, subject to all procedures of that chapter.
(Ord. 6022, 2/13/2024)
In addition to the liability imposed by Section 12.40.140, any person who destroys, removes or damages a city tree, or allows destruction, removal, or damage to occur on any property where such person is a property owner, after having been previously denied a permit to do so, or who does so with knowledge that such permit or city approval is required, shall be liable to the city for restitution in the form of a penalty in an amount equal to three times the applicable fine for the underlying violation as set forth in the in the citywide fee schedule.
(Prior code § 26-103; Ord. 5385 § 22, 2004; Ord. 6022, 2/13/2024)
The forfeitures, penalties, assessments, restitutions, and remedies provided for in this chapter are in addition to any other remedies provided by law.
(Prior code 26-104; Ord. 5385 § 23, 2004; Ord. 6022, 2/13/2024)
Whenever this chapter requires the value of a city tree to be determined, the director shall utilize the most recent guide for establishing values of trees published by the International Society of Arboriculture insofar as practical, and if such guide is not practical or applicable, may use any other recognized and established method which the director or public works deems appropriate to establish such tree valuation.
(Prior code 26-105; Ord. 5385 § 24, 2004; Ord. 6022, 2/13/2024)