The purpose of this chapter is to preserve and protect street and median trees of the City that are of aesthetic, economic and environmental importance and to provide for the replacement of trees in order to maintain the community's urban forest and natural environment. Trees are an important natural resource and they are essential to public peace, health, and welfare that such trees be protected from unlawful removal, trimming, vandalism or damage.
(Added by Ord. 22-1483, adopted 5-10-22)
For the purpose of this chapter, certain terms and words are hereby defined as follows:
"Certified arborist"
means an arborist who has passed an independent exam administered by the International Society of Arboriculture and maintains the credential through continuing education.
"City tree"
means a tree planted or caused to be planted by the City within the City right-of-way or City-owned or -maintained property.
"Director"
means the Director of Public Works or designee.
"Maintenance"
means upkeep and care of City trees located within the City street right-of-way, City parks and City facilities and includes scheduled trimming, periodic inspections, spraying for arboreal pests to maintain the tree's health.
"Median"
means a barrier, constructed of concrete, asphalt, or landscaping, that separates two directions of traffic.
"Native tree"
means trees indigenous to a region. Naturally occurring and not introduced by man.
"Parkway"
means either the area between the curb and sidewalk within a fully improved street right-of-way, or that area extending from the curb towards the nearest parallel easement line in an area with no sidewalk, or any area within a street right-of-way in which a parkway tree is located.
"Property owner"
means any person(s) or public entity shown as the owner of land on the latest Tax Assessor's rolls or otherwise known to be the owner of land by title/deed.
"Removal"
means the uprooting, cutting, or severing of the main trunk of the tree, or any act which causes the tree to die within six months.
"Shrub"
means woody vegetation of a woody plant having multiple stems and bearing foliage from the ground level up.
"Street right-of-way"
means the entire area between property lines on any public highway, whether owned by the City or dedicated to the public for the purpose of travel.
"Street tree"
means trees planted or approved for planting by the City located within the street right-of-way.
"Tree"
means any woody plant, including a palm, which has the potential of attaining a minimum height of 15 feet and has its canopy of foliage borne normally on a single trunk.
"Tree canopy"
means the extent of the outer layer of leaves of an individual tree or a group of trees.
"Tree well"
means a planting area found in an otherwise paved or concrete street right-of-way.
"Urban forest"
means all of the trees, both public and private, in the urban environment.
(Added by Ord. 22-1483, adopted 5-10-22)
The Director is responsible for inspection, maintenance, planting, pruning, trimming, removal, replacement and care of all median and parkway trees in the City. The Director shall have the authority to designate the kind or variety of trees and plants to be planted within any median or parkway of the City in accordance with the adopted Urban Forest Management Plan (UFMP) and Street Tree Master Plan (STMP).
(Added by Ord. 22-1483, adopted 5-10-22)
Downey's tree population or inventory shall be based primarily upon the adopted UFMP and STMP. The UFMP and STMP have identified and designated certain species of trees that may be planted within the street right-of-way. These particular types of trees are species that meet the following criteria:
(a) 
Species Hardiness. Based upon the tree's adaptability to the region in terms of its resistance to frost, freezing temperatures and heat.
(b) 
Drought Tolerance. Species with the ability to withstand long periods of drought are preferred.
(c) 
Durability and Wind Resistance. Species that are not brittle in nature and will tolerate the winds.
(d) 
Grow Space. The amount of parkway size available relative to the expected tree trunk circumference and root flare at maturity.
(e) 
Overhead Clearance. The potential for conflicts between the tree's canopy and overhead obstructions, such as utility lines at the tree's mature height.
(f) 
Pest and Disease Resistance. Species that are resistant to insect and disease infestation are preferred.
(g) 
Subsurface Growth Habits. Species that do not tend to surface root or have a high potential to damage infrastructure.
(h) 
Tolerance to a Variety of Irrigation Practices. Species that will tolerate long periods of drought or abundant moisture are preferred.
(i) 
Soil Qualities. Species that will tolerate the area's soil conditions are preferred.
(j) 
Cleanliness. Species that do not have an overabundance of fruit or flower litter are preferred.
(k) 
Species Selection. Species are selected with regard to the maintenance districts as identified in the Urban Forest Management Plan and Street Tree Master Plan. Species that already exist in a particular area may be planted in said area at the discretion of the Director.
(l) 
Aesthetics and Shading. Trees that are aesthetically pleasing with showy flowers or attractive fall color or that provide a good amount of shade are preferred.
(m) 
Availability. Trees that are readily available are preferred.
(n) 
Native. Trees indigenous to a region. Naturally occurring and not introduced by man.
(Added by Ord. 22-1483, adopted 5-10-22)
No person (other than the City or persons acting under the City's authority) shall plant any tree, shrub, plant or other vegetation, other than grass or approved landscape materials, in the street right-of-way without having first obtained a permit therefor from the Public Works Department, and without complying with all conditions of said permit and adhering to all applicable regulations set forth in this chapter. The Department of Public Works shall be responsible for administering planting of all trees in the street right-of-way. Trees, shrubs, plants or other vegetation, other than grass or approved landscape materials, planted without permit may be removed by the City at the discretion of the Director without any consent from businesses or residents that have planted the said tree(s). It shall be the objective of the City to plant trees at viable vacant sites located in the street right-of-way, to accommodate all resident requests for new street trees along the street right-of-way, and to replace City trees which have been removed with the provision that the remaining vacant sites are viable for planting trees. Viable tree planting sites shall be based upon the following criteria:
(a) 
Spacing. There is adequate spacing present overhead, underground and radially to allow for the healthy, unimpeded growth of the tree to its mature size. Specific examples of spacing conditions that may make a site unsuitable for planting include inappropriate canopy room between existing trees; proximity of a planting site to existing utilities, creating potential conflicts and damage; or inadequate width of the location's parkway for accommodating the tree's girth.
(b) 
Traffic Clearance. There is adequate line-of-sight visibility between normal vehicular or pedestrian traffic and necessary signage, street lights or views.
(c) 
Maintenance Resources. There is adequate and consistent water source available.
(d) 
Funding. Funding will be requested every fiscal year budget for tree planting based on need.
(Added by Ord. 22-1483, adopted 5-10-22)
The City shall make every effort to ensure that it plants only vigorous, healthy trees which can easily be trained into an attractive natural form with strong roots and good crown development. The City shall reserve the right to refuse any nursery stock that does not meet these standards and may require any person who has planted such substandard trees on City property or within the City right-of-way to have these trees removed and replaced at the person's own expense. The specifications for acceptable nursery stock shall be as follows:
(a) 
All trees shall be selected in accordance with the adopted UFMP and STMP and be no less than a 15 gallon mature tree.
(b) 
All trees shall be true to type or botanical name as ordered or shown on planting plans.
(c) 
All trees shall have a fairly straight trunk with a good taper and good branch distribution vertically, laterally, and radially.
(d) 
All trees shall be healthy, have a form typical for the species, be well rooted, and shall be properly trained.
(e) 
The root ball of all trees shall be moist throughout and the crown shall show no sign of moisture stress.
(f) 
All trees shall comply with Federal and State laws requiring inspection for plant diseases and pest infestations.
(g) 
No tree shall be accepted that has been severely topped, headed back, pollarded or lion-tailed.
(h) 
No tree shall be accepted that has co-dominant stems or excessive weak branch attachments that cannot be trained out without jeopardizing the natural form of the species.
(i) 
No tree shall be accepted that is root bound, shows evidence of girdling or kinking roots, or has "knees" (roots) protruding above the soil.
(Added by Ord. 22-1483, adopted 5-10-22)
Unless otherwise approved by the Director, all City trees shall be planted using materials that meet the following criteria:
(a) 
Tree Stakes. Tree stakes shall be two sturdy eight to 10 foot long lodge pole pine stakes. Stakes shall be placed on the outer edge of the root ball on either side of the tree per Standard Plans for Public Works Construction, Standard Plan No. 518-3. If larger trees are planted and require guying, the International Society of Arboriculture (ISA) standards shall be adhered to.
(b) 
Staking Ties. Staking ties shall be Arbortape (synthetic woven material) 18 inch to 24 inch or as long as required to fasten the tie to each stake with galvanized roofing nails. Ties shall be pulled around the tree's trunk in a manner which supports the top-heaviness of the canopy, but is loose enough to allow for free movement of the tree in the wind.
(c) 
Trunk Guards. An approved trunk guard shall be placed around the base of the trunk just above the soil grade. A trunk guard is to deter mechanical damage, as a result of wounds inflicted on a tree's trunk by such devices as weed whips and lawnmowers.
(d) 
Root Barrier. Root barrier shall be fabricated from a high-density and high-compact plastic such as polyvinyl chloride, ABS or polyethylene and shall have a minimum thickness of six one-hundredths (0.06) inch. The plastic shall have 1/2 inch to 3/4 inch high raised vertical ribs on the inner surface spaced not more than six to eight inches apart.
(e) 
Wood Chip Mulch. A four inch uniform layer of approved wood chip mulch shall be placed within the planting basin of the tree. A space of three inches shall be left between the tree's stem and the mulch layer to allow airflow and to restrict moisture from remaining static around the base of the trunk.
(Added by Ord. 22-1483, adopted 5-10-22)
All trees shall be in accordance with the adopted UFMP and STMP. All trees shall be in a minimum 15 gallon size container and be of standard (not multi-trunk) variety. All trees shall be symmetrical, typical for a variety and species, healthy, vigorous, free from plant disease and insect pests and shall have a healthy and normal root system free from being root bound. All trees shall be subject to the inspection and approval of the Director. All trees shall be planted in accordance with this section.
(Added by Ord. 22-1483, adopted 5-10-22)
Most nursery tree stock in California is sold in a containerized form. The following guidelines are specifics for containerized stock. If utilizing bare root or balled and burlapped trees, refer to the appropriate ISA guidelines for planting instructions.
(a) 
All trees shall be planted immediately after the planting container has been removed. Containers shall not be cut or otherwise damaged prior to delivery of trees to the planting area.
(b) 
The planting hole is one of the most important factors in establishing a healthy tree. Measure the width and depth of the root ball prior to digging. The diameter of the planting hole shall be dug at least two times wider than that of the root ball. The depth of the planting hole shall be dug slightly shallower than the depth of the root ball to allow for the top one inch of the root crown to remain above the finished grade.
(c) 
Before placing the tree into the planting hole, tamp down the base of the hole to allow the tree to stand straight and to avoid the potential of the tree settling below the finished grade. Scarify or scrape the sides of the planting hole to break down any glazing or compaction that may have occurred as a result of digging.
(d) 
Position the tree in the hole so that the tree stands upright and the top of the root crown is slightly exposed above the grade. Backfill the planting hole with clean, native soil no higher than halfway up the root ball. Slightly tamp the soil to remove air pockets, but be sure not to compact the soil too much. Complete backfilling to the finished grade. Once again, tamp the soil slightly to remove air pockets.
(e) 
Form a watering basin out of backfill material, approximately six inches high, around the drip line of the tree. Remove all nursery stakes, ties, and ribbons from the tree and install the planting and staking materials as specified. Give the tree an initial deep watering. Fill watering basin as many times as necessary to completely saturate root ball.
(f) 
Tree stakes and ties should be removed from the tree within two years after planting or when the circumference of the tree's trunk is equal to or exceeds the circumference of the stakes.
(Added by Ord. 22-1483, adopted 5-10-22)
The Public Works Maintenance Services Division shall establish and maintain a current inventory of all City-owned trees, including detailed site characteristics and work histories for each tree. Tree records shall be updated on a regular basis. The Public Works Maintenance Services Division shall be responsible for overseeing planting and maintenance of all City trees. The following guidelines and procedures have been developed to promote the health and safety of City trees from the time they are planted through maturity. These guidelines and procedures shall be required for any City-owned and maintained tree that is to be planted.
No person shall cause, permit, or allow any vine or other growth on a street tree.
The owner(s) of real property abutting a street right-of-way shall provide adequate water to any street tree(s) within said street right-of-way to ensure the healthy and safe growth of the street tree(s).
(Added by Ord. 22-1483, adopted 5-10-22)
No person (other than the City or persons acting under the City's authority) shall cut, trim, prune, or break any street tree without having first obtained a valid permit therefor from the Public Works Department, and without complying with all conditions of said permit and adhering to all applicable regulations set forth in this chapter. The Public Works Maintenance Services Division shall be responsible for administering and scheduling pruning of all City trees. All City trees shall be pruned on a regular basis using professionally accepted standards as established by the ISA Best Management Practices and American National Standards Institute (ANSI) Pruning Standards, whichever is more protective of tree preservation. All City trees shall be pruned in a manner that will encourage good development while preserving their health, structure and natural appearance. Shearing, topping, heading back, stubbing, lion tailing or pollarding of City trees is prohibited, except in accordance with ISA standards.
(a) 
"Thinning" sometimes called "drop-crotching" in mature trees shall be the standard pruning technique for City trees. A thinning cut is the removal of a branch at its point of origin or the shortening of a branch to a lateral that is large enough to assume the terminal role.
(b) 
When removing a live branch, pruning cuts should be made just outside the branch bark ridge and collar. This location of cut is in contrast to a "flush cut" which is made inside the branch bark ridge and collar. Flush cuts should be avoided because they result in a larger wound and expose trunk tissues to the possibility of decay. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and trunk.
(c) 
When removing a dead branch, the final cut should be made just outside the branch bark ridge and collar of live callus or wound wood tissue. If the collar has grown out along the branch stub, only the dead stub should be removed; the live collar should remain intact.
(d) 
If it is necessary to reduce the length of a branch, the final cut should be made just beyond (without violating) the branch bark ridge of the branch being cut. The remaining branch should be no less than 1/3 the diameter of the branch being removed, and with enough foliage to assume the terminal role.
(e) 
Pruning cuts should be clean and smooth, leaving the bark at the edge of the cut firmly attached to the wood. A three cut process, sometimes referred to as "jump-cutting" should be used to remove larger limbs in order to avoid stripping or tearing of the bark, and to minimize wounding.
(Added by Ord. 22-1483, adopted 5-10-22)
Properly trained trees will develop into structurally strong trees well suited for their surrounding environment. These trees should require little corrective pruning as they mature. Young trees that reach a large mature size should have a sturdy, tapered trunk with well-spaced branches that are smaller in diameter than the trunk. Each City tree shall be scheduled for training at least once within the first three years after being planted. The young tree maintenance program shall entail evaluating the overall condition of the tree, cleaning out of any dead wood and pruning the tree in such a manner as to develop good structure, checking to ensure stakes and ties are providing adequate support for the tree, and examining the watering basin.
(Added by Ord. 22-1483, adopted 5-10-22)
As trees mature, their need for structural pruning should decrease. Pruning should then focus on maintaining tree structure, form, health and appearance. This shall be accomplished through one of the three methods described below:
(a) 
Crown cleaning or cleaning out is the removal of dead, dying, broken, diseased, crossing, weakly-attached, and low-vigor branches from a tree's crown, as well as the elimination of water sprouts, sucker growth and foreign materials from the entire tree.
(b) 
Crown restoration is intended to improve the structure and appearance of trees that have sprouted vigorously after being broken, topped or severely pruned using heading cuts. One to three sprouts on main branch stubs should be selected to form a natural-appearing crown. The more vigorous sprouts may need to be thinned or cut to a lateral to control length growth or ensure adequate attachment for the size of the sprout. Crown restoration may require several prunings over a number of years. Crown restoration shall be completed as necessary based upon the specific conditions and circumstances surrounding the tree.
(c) 
Crown thinning is the selective removal of branches to increase light penetration and air movement through the crown. Thinning opens the foliage of the tree, reduces weight on heavy limbs, distributes ensuing invigoration throughout the tree and helps retain the tree's natural form. When thinning the crown of mature trees, no more than 25% of the tree's live growth should be removed. In slower growing or particularly sensitive species, such as native oaks, no more than 10% of live growth should be removed. Trees shall always be thinned to their natural form and should retain well-spaced inner lateral branches with foliage. Trees and branches so pruned will have mechanical stress more evenly distributed along the branch and throughout the tree.
(Added by Ord. 22-1483, adopted 5-10-22)
Frequency of pruning is also important to a tree's health. The City is divided into 16 maintenance districts for purposes of scheduling tree trimming in the City's street right-of-way as shown on the STMP. The City's goal is to trim the trees in eight maintenance districts annually or as recommended in the UFMP and STMP. Scheduling is at the discretion of the Director. Every tree in each maintenance district shall be pruned when that particular maintenance district is being serviced. If a resident requests tree pruning before or after his or her maintenance district is serviced, the request shall be evaluated and it shall be at the discretion of the Director to schedule. Hazardous conditions shall be evaluated and attended to as soon as possible.
(Added by Ord. 22-1483, adopted 5-10-22)
Street and sidewalk clearance standards shall be achieved through crown raising. Crown raising is the removal of lower branches in order to provide clearance for vehicles, pedestrians and bicyclists. Only those branches that must be removed to achieve the established height clearance standards shall be pruned. All such pruning cuts shall be thinned back to the nearest lateral found above the set minimum height standard. Where possible, young or developing trees should be maintained in such a manner that at least 1/2 of the foliage should be on branches that originate in the lower 2/3 of the tree. Similarly, branches should have even distribution of foliage along their lengths. This will ensure a well-formed, tapered structure and will uniformly distribute stress within the tree. All City trees shall be maintained to the height clearance specifications established below:
(a) 
Over sidewalks or park paths, limbs shall be raised to a minimum of seven feet from grade to first lateral branch. In locations where no sidewalks exist, limbs may be retained below this minimum elevation as long as they conform to the natural shape of the species. In locations where City street trees are set back from or do not interfere with sidewalk traffic, limbs may be retained below this minimum height specification at the discretion of the Director.
(b) 
Over residential or collector streets, limbs shall be raised gradually from eight feet at curb to 13 feet over traffic lanes from the grade to wood, giving the appearance of an arch rather than an angle.
(c) 
Over arterial streets, limbs shall be raised to a minimum height of 14 feet from grade to first lateral branch.
(d) 
Visibility clearance for streetlights or signage shall be achieved through "windowing" through the foliage of a tree, rather than severely raising or reducing its crown. Only those branches that need to be removed to attain the visibility clearance desired shall be pruned. All such pruning cuts shall be thinned back to the nearest lateral found away from the structure that is to be cleared.
(Added by Ord. 22-1483, adopted 5-10-22)
Line-clearance tree workers must be trained safely around high-voltage conductors. The California Occupational Safety and Health Act (CAL-OSHA) and ANSI have established minimum distances to be maintained by tree workers from electrical conductors. All line-clearance work involving City trees shall adhere to these standards, as well as the utility pruning standards established by the ISA and Utility Arborists Association.
(Added by Ord. 22-1483, adopted 5-10-22)
The following guidelines are designed to maintain the required clearance of street trees from high-voltage power lines with a minimum of resprouting, fewer pruning cycles and cost of maintenance:
(a) 
A tree's growth under utility lines is most economically managed by lateral or directional pruning (thinning cuts). Directional pruning is the removal of a branch to the trunk or a significant lateral branch growing away from the conductor. Heading cuts (topping), on the other hand encourage vigorous sprouting and increase the frequency of pruning cycles and cost of maintenance.
(b) 
All trees in the street right-of-way shall be examined for hazards before commencing with line-clearance work. Hangers and dead wood shall be removed. Where possible, the tree shall be allowed to attain normal height, with crown development maturing away from high-voltage conductors. To achieve clearance, pruning shall be restricted to removal of branches at crotches within the tree's crown.
(c) 
As few pruning cuts as are reasonable shall be used to achieve the required clearance.
(d) 
When pruning of a branch will result in the loss of more than 1/2 of the foliage on the branch, it shall be removed to the parent stem.
(e) 
Precautions shall be taken to pre-cut large limbs to avoid stripping or tearing the bark and minimize unnecessary wounding. Heavy limbs shall be lowered on ropes to avoid damaging bark on limbs and trunks below.
(f) 
The placement of pruning cuts shall be determined by anatomy, structure and branching habit. Limbs shall not be arbitrarily cut off based on a pre-established clearing limit.
(g) 
Final drop-crotch cuts shall be made outside the branch bark ridge on the main stem or lateral branch. The remaining branch shall be no smaller than 1/3 the diameter of the portion being removed. The removed portion shall be pruned out to direct the remaining growth away from conductors.
(Added by Ord. 22-1483, adopted 5-10-22)
Southern California Edison (SCE) is currently administering line clearance of SCE owned and maintained power or electric lines in Downey. Every effort shall be made to work in cooperation with SCE and the City has requested that proper pruning techniques are adhered to by SCE whenever possible. An example of a situation where proper pruning techniques would not be followed would be with a tree that has grown above the utility lines and must be topped to achieve clearance. With a situation such as this, every effort shall first be made to drop-crotch or directionally prune the tree. As few branches as possible shall be topped. When this situation occurs, removal and replacement of the tree is at the discretion of the Director. Palms in particular shall be evaluated on an individual basis. Because palms are killed when topped, every effort shall be made to remove and replace the palm with an appropriate tree in accordance with the adopted UFMP and STMP.
(Added by Ord. 22-1483, adopted 5-10-22)
The root system of a tree is one of its most important physiological components. Roots are the main source of water and mineral absorption for the tree, they provide a foundation and stability, and they act as one of the principal storage areas for food. The proper pruning of a tree's roots when necessary is as important as the proper pruning of a tree's crown.
(Added by Ord. 22-1483, adopted 5-10-22)
Whenever possible, the City, utility companies and contractors shall avoid removing any of a tree's root system. In instances where there exists a need to install subsurface structures or utilities, such as irrigation lines or block wall footings, every effort shall be made to avoid encroaching within the drip line of a tree. If it becomes necessary to excavate within a tree's drip line, every effort shall be made to tunnel under or throughout the tree's root system with a minimal amount of pruning, rather than to trench across the tree's roots.
(Added by Ord. 22-1483, adopted 5-10-22)
When root removal becomes necessary for the installation and/or repair of hardscape, such as sidewalks, driveway approaches, curb and gutter, and other utilities, two methods shall be employed by the City to eradicate invasive or encroaching roots. These two methods are specified below:
(a) 
Selective root pruning is the removal of specific offending roots which are directly interfering with a work area. When pruning out selective roots, great care shall be given to retain as much root surface as possible, including sufficient buttress root dispersal around the radius of the tree. Roots shall be cut back at least four inches away from new hardscape to the nearest node. Pruning cuts shall be made clean and smooth with minimal crushing or tearing of the remaining root.
(b) 
Root shaving is the removal of a small portion of a non-essential buttress root or general root with a diameter of four inches or greater. Roots shall be shaved to allow for at least two inches of clearance between the root and new hardscape. Shaving cuts shall be made clean and smooth with no crushing or tearing of the remaining root; root shaving shall be undertaken at the discretion of the Director.
Where root pruning is necessary within eight feet of the trunk of the tree, removal of the tree shall be considered as an option if structural integrity of the tree will be compromised.
(Added by Ord. 22-1483, adopted 5-10-22)
Any City-contracted tree maintenance company shall be required to have in its employment a full-time, permanent certified arborist as accredited by the ISA. The certified arborist shall be responsible for ensuring that the contractor's crews are performing work in accordance with the adopted UFMP and STMP and City of Downey maintenance standards.
(Added by Ord. 22-1483, adopted 5-10-22)
Any person, firm or corporation engaged in the business of trimming or removing any parkway tree shall carry commercial general liability and property damage, auto and workers' compensation insurance at a minimum limit of two million dollars ($2,000,000.00) each. The insurance certificates must be on file with the City.
(Added by Ord. 22-1483, adopted 5-10-22)
No person (other than the City or persons acting under the City's authority) shall cause, permit, or allow the removal of any street tree without having first obtained a valid permit therefor from the Public Works Department, and without complying with all conditions of said permit and adhering to all applicable regulations set forth in this chapter. The Public Works Maintenance Services Division shall trim or remove any City-owned tree or plant, including any part thereof, regardless of the location, if it is determined by the Director that removal or trimming is necessary to eliminate any hazard or risk to public safety or property. The following are conditions permitting removal:
(a) 
Where the tree, foliage or any limb is growing into and interfering with overhead power lines and there is no feasible alternative to mitigate the interference;
(b) 
Where a written determination has been made after a visual inspection and evaluation that the tree is dead, seriously diseased or damaged that it is no longer viable or it is a threat to property or to other trees;
(c) 
Where the tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefit to the community;
(d) 
Where the tree interferes with utility services, or any street or highway, and no reasonable alternative exists other than removal of the tree;
(e) 
Where the tree is a potential safety hazard due to the risk of it falling and its structural instability cannot be remedied, or where any other risk to persons or property is presented;
(f) 
Where the tree is causing damage to improvements, including, but not limited to, any building foundation, retaining wall, roadway, driveway, sidewalk, curb, patio and/or deck, or is interfering with the use and enjoyment of property;
(g) 
Where the tree is host to an organism which is parasitic to another species of tree, thereby endangered by the parasite;
(h) 
Where the tree belongs to a species which is known to be pyrophytic or highly flammable and/or has been identified as a public safety hazard;
(i) 
Where the tree is blocking line-of-sight or any traffic control device and trimming cannot remedy the visibility problem; or
(j) 
Where the tree presents a hazard to the general public or cause a potential liability to the City.
(Added by Ord. 22-1483, adopted 5-10-22)
A City tree shall be removed only if it meets one or more of the conditions specified in Section 7623 of this chapter as determined by the Public Works Maintenance Services Division. If a person does not agree with the Public Works Maintenance Services Division's decision on a removal request, he or she may appeal to the Director. The Director's decision regarding the appeal shall be final.
(Added by Ord. 22-1483, adopted 5-10-22)
It shall be unlawful and a violation of this chapter to allow any tree, shrub or plant located on private property to create a hazard or to create danger or likelihood of harm to any public place, public area, street or parkway or to public health, safety or welfare.
(Added by Ord. 22-1483, adopted 5-10-22)
The Director may inspect any median or street tree or plant or any tree or plant standing on any private property which overhangs or projects over or into any street, park, alley or public place of the City to determine whether it or any part of it is in such condition as to constitute a safety hazard or impediment to the progress or vision of anyone traveling in the street, park, alley or public place. However, nothing herein shall authorize the Director to enter private property without the consent of the owner or lawful possessor of the property, unless otherwise permitted by law.
(Added by Ord. 22-1483, adopted 5-10-22)
All street trees planted as part of a new subdivision or development project shall be in accordance with the City's UFMP and STMP and shall be paid for by the subdivider or developer. The Director may require any subdivider or developer to pay all costs of proper street tree planting along the parkways of any new subdivision or development project before approving any subdivision map or development project.
(Added by Ord. 22-1483, adopted 5-10-22)
The Director shall determine during the development review process whether and to what extent conditions or measures will be required to protect street trees during construction. This decision shall be based upon the proximity of the construction activity to street trees. The conditions and protective measures include, but are not limited to, the following:
(a) 
The street trees shall be enclosed by chain link fencing with a minimum height of five feet or by other protective barriers approved by the Director prior to issuance of grading or building permit and prior to commencement of work.
(b) 
Fencing or barriers shall be placed at least five feet outside the drip line of street trees. The Director, if appropriate to the species and adjacent construction activity, may approve a lesser distance.
(c) 
There shall be no grade changes within the protective barriers without prior approval of the Director. Any roots greater than two inches in diameter, which are damaged or exposed shall be cleanly sawcut and covered with soil in conformance with ISA standards.
(d) 
Excavation or landscape preparation within the fencing or protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be used at a depth that could cause root damage to the street tree.
(e) 
No attachments or wires other than those of a protective or non-damaging nature shall be attached to a street tree.
(f) 
No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical shall be stored or allowed in any manner to enter within the protective barriers.
(g) 
If access within the protective barrier around a street tree is required during the construction process, the route shall be covered with a six inch mulch bed in the drip line area, and the area shall be aerated and fertilized at the conclusion of construction.
(h) 
When the existing grade around a street tree is to be raised, drain tiles shall be laid over the soil to drain liquids away from the trunk as determined by the Director. The number of drains shall depend upon the soil material. Lighter sandy soil and porous gravelly material require fewer drains than heavy non-porous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materials that permit passage of air and water.
(i) 
When the existing grade around a street tree is to be lowered, either by terracing or by a retaining wall, a combination may be used to lower grades as determined by the Director. With either method, the area within the drip line shall be left at the original grade. The retaining wall shall be porous to allow for aeration.
(j) 
Street trees that have been destroyed or have received major damage during construction shall be replaced prior to final inspection and subject to the Director's direction and approval as to size, variety and species.
(Added by Ord. 22-1483, adopted 5-10-22)
In keeping with the City's policies for protecting and preserving the health and well-being of its urban forest while providing for the safety of its citizens, the following guidelines have been established for correcting potentially hazardous situations that result from tree roots disturbing nearby hardscape.
(Added by Ord. 22-1483, adopted 5-10-22)
There are several factors that shall be considered in determining the course of action necessary for addressing hardscape damage concerns that involve street trees. These actions are driven by the extent of damages. The Public Works Maintenance Services Division will inspect all hardscape damage. Upon initial inspection of the area, Public Works staff shall determine what course of action is necessary to respond to the problem. The following are the most commonly occurring hardscape problems and the courses of action that shall be employed to rectify them:
(a) 
Hardscape damage is within the street right-of-way and will require a temporary asphalt ramp, followed by permanent repair of the area at a later date. Generally, an asphalt ramp shall be installed if there exists a deviation in the concrete that is greater than 3/4 of an inch.
(b) 
Hardscape damage is within the street right-of-way, but is of such a minor nature that the damaged area can be "ground down" by a concrete grinding machine. Any deviation in the concrete of less than 1/2 of an inch shall be rectified by grinding the raised lip down to grade. If necessary, permanent repair of the area shall be scheduled for a later date.
(c) 
Hardscape damage is within the street right-of-way, but the nature of the damages cannot be rectified by temporary measures. Thus, permanent repair of the area shall be scheduled based upon the potential damages for creating a public safety hazard.
(Added by Ord. 22-1483, adopted 5-10-22)
The general policy that shall be observed when repairing or replacing hardscape adjacent to a street tree is that the health and integrity of the tree shall be taken into consideration before work commences. Every effort shall be made to protect the tree from root or trunk damage.
(Added by Ord. 22-1483, adopted 5-10-22)
Several alternatives are available for accommodating the installation of new hardscape without severely infringing upon a tree's root system. The Public Works Maintenance Services Division shall first evaluate any hardscape installation that may involve removal of an extensive portion of a tree's root system. If it is determined by Public Works staff that removal of the offending roots might jeopardize public safety or the health or integrity of the tree, then one of the following alternatives shall be considered:
(a) 
Offset. An offset is the tapering or reduction of a sidewalk's size down to a width no less than 48 inches.
(b) 
Ramping. A sidewalk may be constructed to ramp over offending roots, as long as the slope of the grade does not exceed one foot of elevation change within a span of 12 linear feet.
(c) 
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.
(d) 
Removal. If no other hardscape installation alternative is feasible, a tree may be removed as long as it complies with the tree removal criteria established in Section 7623 of this chapter.
(Added by Ord. 22-1483, adopted 5-10-22)
No person (other than the City or persons acting under the City's authority) shall plant, cut, trim, prune, break, deface, destroy, burn, remove, spray, or injure any City tree or in any manner interfere or cause any person to interfere with the Director or any persons acting under his or her authority while engaged in tree maintenance activities including planting, mulching, pruning, spraying, treating, trimming or removing any median or street tree, shrub or plant or in the removal of any stone, cement or other substance or plant material from or adjacent to the trunk of any median or street tree without first having obtained a permit from the Public Works Department. If the City is required to remove a tree placed in violation of this section or replace a tree damaged or removed in violation thereof, the responsible person or party shall be billed for the costs incurred by the City or in accordance with Section 7636 of this chapter.
(Added by Ord. 22-1483, adopted 5-10-22)
No person shall damage, injure or destroy any median or street tree by any means, including, but not limited to, the following:
(a) 
Constructing concrete, asphalt, brick or gravel sidewalk, raised planter or otherwise filling up the ground area around any tree so as to substantially shut off air, light, or water from its roots, or detrimentally restrict root growth;
(b) 
Piling building equipment, materials or any other substance around any tree so as to cause injury;
(c) 
Dumping, pouring, spilling, spraying or depositing oil, salt, salt water or any other deleterious substance within 10 feet of any tree or on the surrounding ground, lawn or sidewalk;
(d) 
Posting or affixing to any City tree any bill, poster, placard, picture, announcement, notice, advertisement or sign, or cut, paint, print or make any of the same upon such tree or affix or attach in any manner any other thing whatsoever, including any guy wire or rope or chain to any such tree except for the purpose of protecting it or other purpose authorized by the City;
(e) 
Causing any wire charged with electricity to come in contact with any tree; or
(f) 
Causing any fire or burning near or around any tree.
(Added by Ord. 22-1483, adopted 5-10-22)
City trees shall not be planted within the following distances of the following utilities and public improvements:
(a) 
Driveways - Ten feet;
(b) 
Street lights - Twenty feet;
(c) 
Power poles - Ten feet;
(d) 
Intersections (curb radius area) - Thirty-five feet to 50 feet or as determined by the Director;
(e) 
Fire hydrants - Ten feet;
(f) 
Water and gas meters - Ten feet;
(g) 
Crosswalks - Ten feet;
(h) 
Pedestrian light - Twenty feet;
(i) 
Alley entrances - Fifteen feet;
(j) 
Freeway - Thirty feet;
(k) 
Railroad tracks - Fifty feet.
The Director shall cause to be removed any City tree or part thereof which is injurious or appears likely to be injurious to any utility or public improvement after all reasonable efforts to preserve the tree have been made.
(Added by Ord. 22-1483, adopted 5-10-22)
(a) 
It shall be unlawful and a misdemeanor for any person, firm, partnership or corporation to violate any provision of or to fail to comply with any of the requirements of this chapter, and any such violation shall be punishable in accordance with Section 1200 of this Code.
(b) 
In addition to any fine or other penalty assessed for a violation of this chapter, any person that causes, permits, allows, or suffers any violation of this chapter shall be responsible for the diminishment of the tree's value as set forth in the current edition of the Guide for Plant Appraisal published by the ISA. Said amount shall constitute a debt owing to the City and may be collected by the City in any manner permitted by law.
(1) 
It is the intent of the City Council that, pursuant to California Penal Code Section 1202.4, the City shall be deemed a victim and eligible for restitution (calculated as set forth in Subsection 7636(b) of this Code) in any instance where a defendant is convicted of cutting, trimming, pruning, breaking, defacing, destroying, burning, removing, or injuring any City tree in any other manner in violation of this chapter, or where a defendant is granted any form of diversion granted by the Superior Court or any prosecutor.
(c) 
In the event more than one tree subject to the provisions of this chapter is located adjacent to a parcel of property, each tree that is removed or trimmed shall be considered a separate violation.
(d) 
Removal or trimming of any parkway tree or plant is a misdemeanor and shall require replacement within 60 days of notice by the City. Such replacement shall be in accordance with the adopted UFMP and STMP.
(e) 
Violation of this chapter during construction activity may result in an immediate stop work order issued by the City.
(Added by Ord. 22-1483, adopted 5-10-22)
The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the City through a civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided for by law for the abatement of nuisances.
(Added by Ord. 22-1483, adopted 5-10-22)