The purpose of this article is to promote the health, safety, welfare, and quality of life of the residents of the city through the protection of specified trees located on private property within the city, and the establishment of standards for removal, maintenance, and planting of trees. In establishing these procedures and standards, it is the city's intent to encourage the preservation of trees.
(Ord. 15-1390 § 3 (Exh. A), 2015)
The provisions of this article shall apply to the removal or relocation of any protected tree, as defined by PMC § 18.84.835, in all zoning districts on property other than city-owned property in the city of Pittsburg. This shall include tree removal or relocation on undeveloped property in order to facilitate development, and removal or relocation on developed property to facilitate building construction, expansion, renovation, or other property improvements. The provisions of this article shall not apply to the removal or relocation of street trees, as governed by Chapter 12.32 PMC.
(Ord. 15-1390 § 3 (Exh. A), 2015)
A. 
"Arborist, certified or consulting"
means a person maintaining current certification by the Western Chapter of the International Society of Arboriculture as an expert on the care of woody trees, shrubs and vines in the landscape; a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or such other arborist who, after review by the city planner, is determined to meet the standards established for certified or consulting arborists herein described.
B. 
"Arborist report"
means a report prepared by a certified or licensed arborist, which report addresses the possible impact of development on trees or existing tree condition; the impact of any alteration; or restorative or other remedial action that might be feasible to address tree alterations.
C. 
"Development project"
means any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.
D. 
"Drip line"
means the generally circular shape formed by the outermost points on branches of a tree projected to the ground plane.
E. 
"Grade"
means the vertical location of the ground surface.
F. 
"Protected tree"
is defined as any of the following:
1. 
A California native tree, as identified in the Calflora online database of wild California plants, that measures at least 50 inches in circumference (15.6 inches diameter) at four and one-half feet above grade, regardless of location or health; or
2. 
A tree of a species other than a California native that measures at least 50 inches in circumference at four and one-half feet above grade and is either on an undeveloped property, located on public property or within the right-of-way, or located on private property and is found to provide benefits to the subject property as well as neighboring properties, subject to determination by the city planner; or
3. 
A tree required to be planted, relocated, or preserved as a condition of approval of a tree removal permit or other discretionary permit, and/or as environmental mitigation for a discretionary permit.
G. 
"Routine pruning"
means the removal of dead or dying, diseased, weak or objectionable branches of a tree in a reasonable and scientific manner that does not structurally harm the tree.
H. 
"Shrub"
means a woody plant of relatively low height, distinguished from a tree by having several stems rather than a single trunk.
I. 
"Street tree"
means a tree planted or growing within a public right-of-way, public easement, street, alley, road or way within the city.
J. 
"Topping"
means the removal of the upper 25 percent or more of a tree's trunk(s) or primary leader.
K. 
"Tree"
means a large woody perennial plant with one or more trunks, branches and leaves, not including shrubs shaped to tree forms.
L. 
"Tree removal"
means the destruction of any protected tree by cutting, grading, girdling, interfering with water supply, applying chemicals or by any other means.
M. 
"Tree removal permit"
means a written or printed authorization issued by the zoning administrator, planning commission or city council, as applicable.
In any case, the city planner shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub.
(Ord. 15-1390 § 3 (Exh. A), 2015)
No person shall cut down, destroy, remove or relocate any protected tree growing on property other than city-owned property or public right-of-way within the city limits, except as allowed under this article.
(Ord. 15-1390 § 3 (Exh. A), 2015)
A. 
A protected tree may only be removed, including a cut-down, destruction, removal or relocation of any protected tree growing on property other than city-owned property or other public right-of-way within the city limits, upon approval of a tree removal permit issued by the zoning administrator, planning commission or city council, as applicable.
B. 
The removal or relocation of a protected tree is exempt from the provisions of this article in the following circumstances:
1. 
In cases of emergency when a tree is hazardous or dangerous to life or property, it may be removed by order of the chief of police, by the chief of the Contra Costa County fire protection district, by the zoning administrator, director of community and economic development or his or her designee, or by the director of public works or his or her designee;
2. 
Any tree whose removal was specifically approved as a part of an approved development plan, subdivision, other discretionary project or a building permit, approved prior to the effective date of the ordinance codified in this chapter.
(Ord. 15-1390 § 3 (Exh. A), 2015; Ord. 23-1509 § 24, 2023)
A. 
Timing. Any person desiring to cut down, destroy, remove or relocate one or more protected trees on any privately owned property in the city shall file an application for a tree removal permit with the city planner. If the tree removal involves development, the application shall be submitted and combined with the initial application for approval of the development and shall be considered together with the review and decision on the development application.
B. 
Contents of Application. The application for a tree removal permit shall contain the following:
1. 
Precise number, species, size and location of the tree or trees to be cut down, destroyed or removed and a brief statement of the reason for removal;
2. 
The signature of the property owner(s) authorizing such removal and the signature of the person performing the work, if different than the property owner(s) and if known at the time of the application;
3. 
An arborist report including a tree survey plan specifying the precise location and drip line of all existing trees on or in the vicinity of the property. The tree survey plan shall also indicate the precise location of existing and proposed buildings and easements within 25 feet of the drip line of the trees, and the plan shall include existing and proposed grades adjacent to these trees along with underground utility services, sub-drains, water, sewer, irrigation and lighting. The arborist report shall also include a table that identifies each tree by number along with its size, species (including a statement as to whether or not it is a California native species) and whether it is proposed to be saved or removed. The city planner may waive the requirement for an arborist's report if the city planner determines that circumstances do not warrant such a report.
4. 
The applicant shall propose the time and manner in which the removed tree(s) will be replaced, subject to the requirements of this article.
5. 
A biological report or statement for any trees that may serve as potential habitat for any candidate, sensitive or special status species identified in any local or regional plans, policies or regulations, or by the California Department of Fish and Wildlife or the United States Fish and Wildlife Service. The city planner may waive this requirement if the city planner determines that the circumstances do not warrant such a report.
6. 
Additional information the city planner deems necessary to process the application in compliance with the requirements of this article.
C. 
Consideration by Decision Making Body. The tree removal permit application shall be considered by the zoning administrator. If the tree removal involves development requiring discretionary approval, the zoning administrator or planning commission, as applicable, shall discuss the application and integrate it with the land use approval process applicable to the project.
D. 
Notice and Hearing. A public hearing shall be required on a tree removal permit pursuant to the requirements of Chapter 18.14 PMC. Notice of the hearing shall be given in the manner specified in PMC § 18.14.020. This notice may be consolidated with any notice of public hearing required in conjunction with other aspects of a development approval.
E. 
Standards for Reviewing Applications.
1. 
Required Findings. Prior to the issuance of a tree removal permit, the applicable decision making body must find that:
a. 
The condition of the tree or trees with respect to disease, danger of falling and the potential for endangering other nearby trees warrants removal and such condition represents a risk to public health and safety and cannot be reasonably remedied through less drastic measure; or
b. 
The burden to the applicant in preserving the tree or trees greatly outweighs the tree's or trees' benefit to the public or environment; or
c. 
If part of a development plan, subdivision or other discretionary project, preservation of the tree or trees would severely reduce the scale or feasibility of the development.
2. 
Factors to Be Considered. In making the foregoing determinations, the zoning administrator shall consider the following aspects of each application to the extent that they are applicable to the proposal:
a. 
Whether the tree or trees act as host or habitat for plants or animals;
b. 
The proximity to, or potential to interfere with, existing utilities or buildings;
c. 
The necessity to remove the tree or trees in order to allow economic enjoyment of the property;
d. 
Topography of the land and the effect of removal of the tree or trees on erosion, soil retention, and diversion or increased flow of surface waters;
e. 
Whether a tree is part of an important grove of trees;
f. 
Whether a tree has particular historical or heritage value;
g. 
The number, size, and type of replacement trees to be provided;
h. 
The visibility and value of the tree or trees to the neighborhood and the public;
i. 
The contribution of the tree or trees to the character of the site and the neighborhood.
F. 
Conditions. In approving the tree removal permit, the applicable reviewing body may impose such conditions considered necessary to ensure compliance with the intent and purpose of this article, in line with the standards prescribed in this article and with the general plan. If a permit is denied, the decision making body shall state in writing the reasons for said denial based on the above findings and factors.
G. 
Approval Term. The permit shall be effective for a period no longer than 120 days after issuance.
(Ord. 15-1390 § 3 (Exh. A), 2015)
The approval, denial or revocation of a tree removal permit is subject to appeal as provided for in Chapter 18.18 PMC.
(Ord. 15-1390 § 3 (Exh. A), 2015)
[1]
Code reviser's note: Ord. 15-1390, Exhibit A, adds this section as PMC § 18.84.855. It has been editorially renumbered to avoid duplication.
A. 
Where it has been determined that preservation of protected trees associated with a construction or development project is infeasible, replacement plantings shall be required as part of the tree removal permit. Subject to the discretion of the decision making body, replacement options shall include:
1. 
Replacement of the removed tree(s) at a four-to-one ratio with 24-inch box trees;
2. 
Replacement of the tree(s) at a 12-to-one ratio with 15-gallon trees;
3. 
Payment of in-lieu fees equal to the replacement trees' value, installation costs and one year of maintenance costs, as calculated with a 12-to-one ratio of 15-gallon trees; or
4. 
A combination of replacement and payment of in-lieu fees.
B. 
If any replacement tree fails to survive for a period of one year from the date of installation, then the applicant shall replace the tree at the applicant's sole expense.
C. 
Location and Specifications.
1. 
Replacement trees shall be planted on site, except in instances where on-site planting and future tree survival is shown to be infeasible, in which case the decision making body shall consider authorizing other off-site locations where maintenance will be guaranteed;
2. 
If California native trees are removed, all replacement trees shall be of the same species as the trees being replaced, except when a replacement tree is approved in a location that is not suitable for the native species;
3. 
Replacement trees shall be in addition to any trees required by any other provisions of this title, as a condition of approval of another discretionary permit, or as environmental mitigation for a discretionary permit.
D. 
Any in-lieu fees collected by the city pursuant to this section shall be used only for the installation or replacement of trees in city parks, open space or other areas of benefit to the city, and for any associated maintenance.
(Ord. 15-1390 § 3 (Exh. A), 2015)
The following regulations apply to all activities as specified, within 25 feet of the drip line of protected trees that are not approved for removal, regardless of whether new development will occur or other trees have been approved for removal:
A. 
Required Plans and Additional Studies. Prior to the granting of a building or grading permit, the applicant shall provide to the city planner a site plan showing all protected trees as defined by this article. If grading, excavation or construction is proposed within the drip line of protected trees not approved for removal, specific plans shall be submitted to the city planner that indicate how work within the drip line is to be carried out without critically harming the tree. Additional arborist's studies may be required to support the grading, excavation, or construction proposed.
B. 
Demolition and Grading. Prior to and during any demolition, grading or construction, all protected trees not approved for removal within the construction limits for any project shall be protected by a six-foot-high chain link (or other material approved by the city planner) fence installed around the drip line of each tree. All fence sections shall be clearly marked with a sign stating "This is a Tree Protection Zone (TPZ) and disturbance of this area is not allowed." The sign shall also list contact information for the contractor and the arborist and clearly state that a violation of the TPZ will result in a stop work order.
C. 
Prohibited Activities within the Drip Line. No oils, gas, chemicals, liquid waste, solid waste, heavy construction machinery or other construction materials shall be stored or allowed to stand within the drip line of any protected tree. No equipment may be washed within the drip line of any protected tree.
D. 
Excavation and Construction within Drip Line. The existing ground within the drip line of any protected tree shall not be cut, filled or compacted unless otherwise approved by the city planner. Excavation adjacent to any tree when permitted shall be in such a manner so as to minimize root damage. Utility services, drainage lines, sewer, sub-drains, irrigation lines, and any services requiring excavation shall be designed to stay outside the drip line of existing trees when at all feasible. If excavation for such lines is permitted within the drip line, it should be arched around the tree as much as possible. Tunneling, boring, hydraulic or high-pressure air trenching, rather than trenching, shall be the favored means of installation. Being the shortest distance between two points does not justify encroaching within the drip line of a tree.
E. 
Attachments. No signs or wires, except those needed for support of the tree, shall be attached to any protected tree.
F. 
Herbicides. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use.
G. 
Damage. The city planner shall be notified by the owner, developer, contractor or any agent thereof of any damage that occurs to a protected tree during construction so that professional methods of treatment accepted by the city planner may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the city planner. Failure to comply will result in a stop work order.
H. 
Project Arborist. The city planner shall require an arborist to be on site at such times during development as the city planner determines appropriate. Such arborist shall be retained by the project developer. The approved arborist shall provide the city planner his or her qualifications along with a written certification that he or she has reviewed this article and will abide by it. Following completion of the development, the arborist shall certify that the development was performed properly in conformance with this chapter and good forestry practices.
I. 
Security/Performance Bond. The city may require the applicant, as a condition of issuing a grading permit, to post a security bond or cash deposit pursuant to the requirements of PMC § 15.88.070.
(Ord. 15-1390 § 3 (Exh. A), 2015)
A. 
Routine Pruning. The pruning of a protected tree shall be performed when and only when it enhances its structural strength, health, general appearance or for safety reasons. Any pruning must be consistent with good pruning practice as outlined by the current edition of the International Society of Arboriculture's Tree-Pruning Guidelines and the current edition of the A300 standard of the American National Standards Institute and not harm the tree structurally or aesthetically. All pruning of protected trees shall be performed by an arborist or a certified tree worker.
B. 
Utility Clearance. All utility companies must contact the department of public works at least five working days (except in emergencies) prior to taking any action to prune any protected tree(s) related to line clearance. All pruning shall be consistent with good pruning practices as outlined by the current edition of the International Society of Arboriculture's Utility Pruning of Trees and the current edition of the A300 standard of the American National Standards Institute. The director of public works shall cause such pruning work to be inspected, when the director considers it to be appropriate, to ensure that good pruning practices previously referenced are followed. The director of public works shall have the authority to stop any tree pruning performed by a utility if such practices are not being followed.
(Ord. 15-1390 § 3 (Exh. A), 2015)
A. 
Administrative Citations. A person who violates this article is guilty of an infraction and shall be punished as provided in PMC § 18.90.060.
B. 
Civil Sanctions. In addition to paying the penalties for violation of this article, a person who removes or destroys a protected tree in violation of this article shall:
1. 
Replace the removed or destroyed tree at a ratio of 12 to one with 24-inch box trees; or
2. 
Replace the removed or destroyed tree at a ratio of 36 to one with 15-gallon trees; or
3. 
Compensate the city for the value of the original tree and the costs associated with the required replacement trees (including installation and one year of maintenance costs) described in this section.
(Ord. 15-1390 § 3 (Exh. A), 2015)