The intent and purpose of this chapter is to acknowledge that certain native trees are important ecological and aesthetic resources that improves the quality of life for the city's residents, visitors and wildlife and to ensure preservation or propagation of such trees.
(Ord. 1241, 8-15-2023)
Any parcel that contains any commercial use (excluding home occupations), any commercially zoned parcels, and any parcel or any combination of parcels within a project site that are equal or greater than twenty thousand (20,000) square feet located within city limits are subject to the provisions of this chapter.
(Ord. 1241, 8-15-2023)
For the purpose of this chapter, the following definitions shall apply.
"Breast height."
A point on the Projected Tree that is four and one-half (4.5) feet above ground from the uphill side of the tree.
"Certified arborist."
A person who is currently certified by the International Society of Arboriculture (ISA) as an expert on the care of trees or who is a member of the American Society of Consulting Arborists.
"Destroy, destroyed, destruction."
Any act causing damage, injury, or death to a protected tree, or causing a protected tree to be uprooted or removed from the ground by any means, including, but not limited to, cutting, grading, changing hydrology during grading, construction, and/or erosion, burning, applying toxic substances, operating equipment or machinery, or by paving, changing the natural grade, trenching, or excavating within the protected root zone of a protected tree. Damage or mortality by natural causes, such as infestation, as verified by an Arborist shall not be considered damage necessitating tree replacement.
"Diameter at breast height (DBH)."
The tree diameter of the perimeter tree trunk at the breast height. For multi-trunk trees, each trunk shall be measured at the breast height, and the combined diameters of all trunks shall be used to determine the tree's DBH.
"Drip line."
The outermost edge of a tree canopy where water drips from and onto the ground.
"Monitoring period."
The term of protection starting with the date of actual planting of a replacement tree and shall apply to a period of five (5) years. Protected trees that are relocated shall be subject to the same replacement tree monitoring period.
"Multi-trunk tree."
An individual tree with more than one trunk under the breast height.
"Native tree."
A tree of native origin including any indigenous tree from California which is a member of a genus or species present at a given site prior to European settlement. Native trees may include planted trees and naturally occurring trees of native origin.
"Protected tree."
All Quaercus varieties (Oak), all Salix varieties (Willow), all Platanus varieties (Sycamore), Hesperocyparis forbesii (Tecate Cypress), Juglans californica (Southern California Black Walnut), Populus trichocarpa (Black Cottonwood), Populus fremontii (Fremont Cottonwood), and Alnus rhombifolia (White Alder) that meets the following minimum DBH:
TABLE 20.73.030.A
PROTECTED TREE CRITERIA
Tree type
Minimum DBH
Single Trunk
Multi-Trunk
Quercus (Oak) varieties
6 inches
12 inches
Salix (Willow) varieties
6 inches
12 inches
Platanus (Sycamore) varieties
6 inches
12 inches
Hesperocyparis forbesii (Tecate Cypress)
No minimum
 
Juglans californica (Southern California Black Walnut)
6 inches
12 inches
Populus trichocarpa (Black Cottonwood)
6 inches
12 inches
Populus fremontii (Fremont Cottonwood)
6 inches
12 inches
Alnus rhombifolia (White Alder)
6 inches
12 inches
"Pruning."
Pruning of limbs or deadwood provided such live limbs do not exceed six (6) inches in circumference at the location of the cut. All pruning work shall follow proper arboricultural practices per American National Standards Institute (ANSI) A300 standards and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished.
"Replacement tree."
Any tree installed as a replacement for removal of a protected tree pursuant to requirements of this chapter.
"Tree replacement ratio."
The minimum number of replacement trees required as specified in § 20.74.050.
(Ord. 1241, 8-15-2023)
Requirements of this chapter shall not apply to the following:
A. 
Maintenance of a protected tree, such as pruning, as long as the tree is not destroyed.
B. 
Cases where immediate destruction of a protected tree is required for the protection of human life, property, or emergency access, as determined by the City Manager or his/her designee, any police officer or any fire fighter, after inspection.
C. 
Protected trees regulated by any official Fuel Modification Plan and Maintenance Program and other defensible space requirements.
D. 
Protected trees grown or held for sale within a licensed nursery facility, tree farm or commercial orchard, or landscape contractor.
E. 
Protected trees located on properties owned by the city, county, state, or federal government.
F. 
Protected trees located on any portions of land under a recorded easement held by public utility, if the destruction of such protected trees is required for installation of utilities and public facilities, and maintenance of property to allow a public utility to fulfill its obligation to provide service to the public.
G. 
Protected trees located on a parcel where a project for which an administrative or discretionary Planning Division approval has been obtained prior to the effective date of this chapter or for a project for which a valid building permit has been lawfully issued by the city prior to the effective date of this chapter.
(Ord. 1241, 8-15-2023)
A. 
It shall be unlawful for any person to destroy or otherwise direct or permit the destruction of any protected tree located on a parcel that contains any commercial use (excluding home occupations), a commercially zoned parcels, or a parcel or any combination of parcels within a project site that are equal or greater than twenty thousand (20,000) square feet without a permit issued by the city pursuant to the provisions of this section.
B. 
Replacement trees. All protected trees removed shall be replaced pursuant to the following:
1. 
Replacement trees shall be located on the same parcel or within the project site as the removed protected tree(s).
2. 
Replacement trees shall consist exclusively of protected trees as defined in this chapter, unless similarly appropriate native species is recommended by a Certified Arborist.
3. 
All replacement trees shall be in good health and shall be visually inspected for damage, such as canker, other pests/pathogens, and girdling or circling of roots.
4. 
The replacement trees shall be a minimum twenty-four (24) inch box size at time of planting.
5. 
The number of replacement trees shall be as identified in Table 20.74.050.A (Replacement Tree Ratio):
TABLE 20.74.050.A
REPLACEMENT TREE RATIO
"DBH of Protected Tree to Be Removed
Required Replacement Tree Ration per Each Protected Tree Removed
Less than 12 inches
2:1
12 to 18 inches
3:1
18 to 24
4:1
24 to 30
5:1
30 to 36
6:1
Above 36
7:1
6. 
Replacement tree monitoring period. The property owner shall replace replacement tree(s) and relocated protected trees if such tree(s) are destroyed within the monitoring period, subject to the required number of replacement trees specified in Table 20.74.050.A. For purposes of this subsection, all replacement trees are considered as a protected tree regardless of size. After the completion of the monitoring period, replacement trees that meets the definition of a protected tree pursuant to this chapter shall be considered as a protected tree.
7. 
Property owner shall submit a Tree Installation Certification prepared by a Certified Arborist or a licensed landscape architect certifying that the replacement trees and/or relocated protected trees were installed properly in accordance with the approved plan.
8. 
If a Certified Arborist determines that the site where the replacement trees are required to be planted cannot accommodate the required number of replacement trees because the site characteristics would inhibit healthy growth of such replacement trees (e.g. overcrowding of new trees; interference with structures and/or roots and canopy of existing trees, etc.), the applicant may pay a fee, in lieu of providing the required number of replacement trees.
a. 
Such in-lieu fee shall be calculated by a Certified Arborist, based on an appraisal utilizing the most recent edition of the Guide for Plan Appraisal published by the ISA, the number of replacement trees required, and a report by a Certified Arborist or a licensed landscape architect specifying the number of required Replacement Trees that cannot be planted.
b. 
A request for in-lieu fee payment shall be submitted as part of the required tree permit, as specified in § 20.74.060.
c. 
If approved, the in-lieu fee shall be paid within five (5) business days from the issuance of the tree permit.
d. 
In-lieu fees collected pursuant to this chapter shall be placed in the City's Park Development Fund.
(Ord. 1241, 8-15-2023)
A. 
Application. A tree permit application is required to remove any protected tree as defined in this chapter. Such applications shall be filed with the Community Development Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. The tree permit application shall include, but is not limited to, the following information:
1. 
A written statement indicating the reason for the destruction and/or relocation of protected tree(s).
2. 
A site plan and/or a landscaping plan showing the location of all trees to be destroyed and/or relocated, along with location of the required replacement trees.
3. 
A report obtained from a Certified Arborist, which shall include, but not limited to, the following:
a. 
Description and photographs of the impacted protected trees including genus and species name, health, and DBH of trees.
b. 
Analysis of the impacted trees that support the proposed destruction and/or relocation.
c. 
Analysis of the appropriateness of the proposed locations of each replacement tree and/or relocated protected tree.
d. 
Recommended care measures for the replacement trees and/or relocated protected trees.
4. 
If a protected tree is proposed to be relocated, a tree protection plan, prepared by a Certified Arborist, shall be included. Such plan shall describe measures required to be implemented to ensure safe transplant of the protected tree and continued survival of the relocated tree.
5. 
A request for payment of an in-lieu fee, if needed, subject to requirements of § 20.74.050.B.8.
B. 
Review authority. The Community Development Director, or his designee, has the authority to review, approve, or deny tree permits, unless the tree permit is a part of a project that is under the purview of the Planning Commission. In such instance, the Planning Commission shall consider the tree permit as a part of the overall project.
C. 
Required findings. The review authority shall approve a tree permit, only if at least one of the following findings can be made:
1. 
The condition of the protected tree(s) with respect to its health, danger of falling, proximity to proposed or existing structures, and/or interference with utility services warrant removal or relocation of the tree.
2. 
The location of the protected tree(s) unreasonably prevents the development of the property.
3. 
The removal and/or relocation of the protected tree(s) is consistent with good urban forestry practices.
4. 
The protected tree(s) causes a threat to human life and/or personal property.
5. 
The proposed removal or relocation of the protected tree(s) will substantially improve the defensible space of the property in the event of a fire as determined by the Fire Department.
D. 
As a prerequisite to granting any tree permit, the review authority may impose conditions.
E. 
Appeals. Any person may appeal the decision of the review authority with respect to a tree permit pursuant to Chapter 20.424 of this Title.
(Ord. 1241, 8-15-2023)
The city may bring a civil penalty against any person or entity that acts in violation of requirements of this section or conditions of a tree permit issued pursuant hereto.
(Ord. 1241, 8-15-2023)