Chapter 9.30
TREE PROTECTION STANDARDS
Sections:
9.30.060 Tree removal permit/application requirements.
9.30.070 Determination on permit application.
9.30.080 Review authority and permit process.
9.30.100 Site limitations/in-lieu fee for replacement.
9.30.110 Delegation of functions.
9.30.120 Heritage tree designations.
9.30.140 Tree technical manual.
9.30.150 Violations/penalties.
9.30.160 No liability upon City.
9.30.010 Purpose of chapter.
In enacting this chapter, the City recognizes the substantial aesthetic, environmental, and economic importance of its tree population. The purpose of this chapter is to establish regulations and standards to protect and manage trees on private property to ensure that development is compatible with and enhances the City’s quality and character. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.020 Applicability.
This chapter shall apply to every owner of private property within the City, and to every person responsible for undertaking the removal of a tree on private property, unless exempted by this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.030 Prohibited actions.
It is unlawful to remove any protected tree specified in Section 9.30.040 (Protected trees) from private property without first obtaining a tree removal permit in compliance with Section 9.30.060 (Tree removal permit/application requirements). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.040 Protected trees.
Except as otherwise provided in Section 9.30.050 (Exemptions), the following trees shall not be removed from private property without first obtaining a tree removal permit:
A. Heritage trees. Heritage trees in all zoning districts;
B. Condition of approval. Any tree required to be planted or retained as a condition of approval of a development application or a building permit in all zoning districts;
C. Multi-trunk trees. For multi-trunk trees, any tree which has at least one trunk twelve inches (12") or greater in diameter or thirty-eight inches (38") or greater in circumference, measured four feet (4') above the adjacent grade, except for developed single-family residential properties.
D. Twelve inches (12") or greater in diameter. Any tree which measures twelve inches (12") or greater in diameter or thirty-eight inches (38") or greater in circumference, measured four feet (4') above the adjacent grade in all zoning districts, except for developed single-family residential properties.
E. Parkway trees. Parkway trees and any tree located on public property.
F. Trees required by site plan review. Trees required or memorialized under site plan review. (See Chapter 56 of this title) (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.050 Exemptions.
The following tree types and conditions are exempt from this chapter and may be removed without approval of a tree removal permit:
A. Emergencies. Trees that pose an immediate threat to persons or property during an emergency or are determined to constitute an emergency, upon order of the Director, the Public Utilities Director, or any member of the Police or Fire Departments.
B. Public nuisance. Any tree in a condition to constitute a public nuisance, as defined in Chapter 1 of Title 10, when the declaration of a public nuisance has been made by the Building Official, the Director, the Fire Chief, or the Public Utilities Director.
C. Public utilities. Trees that undermine or impact the safe operation of public utilities.
D. Fruit trees. Fruit tree(s) in any zoning district.
E. Eucalyptus trees. All trees of the genus Myrtaceae.
F. Developed single-family residential. Any tree located on developed single-family residential property, except as specified in Section 9.30.040 (Protected trees). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.060 Tree removal permit/application requirements.
A. Application information.
1. Applications for a tree removal permit shall be available from and filed with the Public Utilities Department and shall contain the following:
a. A written explanation of why the tree(s) should be removed;
b. Photograph(s) of the tree(s);
c. Arborist report;
d. Signature of the property owner and homeowners association (when applicable) and proof of a vote of the homeowners association;
e. Replanting plan (see Section 9.30.090 (Replacement Trees));
f. Other information deemed necessary by the Director to evaluate the tree removal request; and
g. Permit fee, if applicable.
2. The Director may modify or waive the requirements of this section if deemed appropriate (e.g., arborist reports for R-1 properties).
B. Additional application requirement for all properties except developed R-1. Applications for a tree removal permit on all properties except developed single-family residential properties shall include a tree survey plan indicating the number, location(s), variety or species, and size(s) (measured four feet (4') above grade) of the tree(s) to be removed. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.070 Determination on permit application.
A. General criteria. The review authority shall issue a tree removal permit if any one of the following general criteria is met.
1. Diseased or danger of falling. The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal.
2. Potential damage. The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g., dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services.
3. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the review authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential number of residential units or structure size due to the tree location does not represent a severe limit of the economic enjoyment of the property.
B. Additional recommendations. The applicable review authority may refer the application to another department or the Commission for a report and recommendation.
C. Inspections and permit availability. City staff shall have the authority to conduct on-site inspections of all trees proposed for removal. If a tree removal permit is approved, the permit shall be on site at all times before and during the removal of a tree and/or shall be made available to any City official at the site, upon request.
D. Action. Based on the criteria identified in this section, the review authority shall approve, conditionally approve, or deny the application. Conditions of approval may include any of the following:
1. Revisions to development plans to accommodate existing trees;
2. Replacement trees of a species and size planted at locations designated by the review authority in compliance with Section 9.30.090 (Replacement trees);
3. Payment of an in-lieu fee in compliance with Section 9.30.100 (Site limitations/in-lieu fee for replacement); or
4. A combination of replacement trees and in-lieu fees that in total provide for the number of replacement trees required by this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.080 Review authority and permit process.
A. Tree removal requests filed independent of development applications.
1. Director’s review. The Director shall be the review authority for tree removal requests, except for heritage trees, filed independent of a development application. The Director shall render a decision within ten (10) business days from the date a tree removal application is filed and deemed complete.
2. Posting and notice. The decision of the Director shall be mailed to the applicant and to all owners of record located within a three-hundred-foot (300') radius of the subject property on the same day the decision is made. In addition, the site or tree shall be posted with a sign by the Department for at least ten (10) calendar days indicating the decision of the Director, and specifying the appeal period and the method of appeal.
B. Tree removal requests filed with a development application.
1. Review authority. The review authority for tree removal requests filed in conjunction with a development application shall be the same review authority as established for the accompanying development application.
2. Public hearing. If a public hearing is normally required by this Development Code, the tree removal request shall be considered concurrently, in compliance with Chapter 88 of this title (Public Hearings).
3. Posting. The Department shall also post the site or tree under consideration with a sign indicating the proposed removal and the date, time, and place of the hearing at least ten (10) calendar days before the hearing date.
C. Heritage tree removal requests. Notwithstanding any other provision of this section, the following provisions shall apply to requests for the removal of heritage trees.
1. Requests filed independent of development applications. The Commission shall be the review authority for all tree removal requests for heritage trees filed independent of a development application.
2. Requests filed in conjunction with a development application. The review authority for heritage tree removal requests filed in conjunction with a development application shall be the same review authority as established for the accompanying development application. Before the hearing by the review authority, requests to remove heritage trees filed in conjunction with a development application shall be referred to the Protected Tree Advisory Committee who shall make a recommendation to the review authority.
3. Public hearing. A public hearing by the review authority shall be required for all heritage tree removal requests in compliance with Chapter 88 of this title (Public Hearings).
4. Posting. The Department shall post the site or tree under consideration with a sign indicating the proposed removal and the date, time, and place of the hearing at least ten (10) calendar days before the hearing date.
D. Final decision/timing of tree removal. No tree for which a tree removal permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a building permit or unless all of the conditions of approval of the development application are satisfied.
E. Concurrent filing. All tree removal requests associated with a development application shall be filed concurrently with the development application and shall be subject to the provisions of this chapter.
|
Type of Tree Removal Request |
Protected Tree Types |
Size Tree Protected (1) |
Review Authority for Removal Permit |
Appeal Process (2) |
|---|---|---|---|---|
|
Tree removal requests on all properties (except R-1 (3)) not in conjunction with a development application |
Any tree except fruit trees (4) and trees of the genus Myrtaceae (5) |
|
Director |
Commission and then Council |
|
Tree removal requests on |
Trees of the species: Quercus (oaks), Cedrus (cedars), Fraxinus (ash), Sequoia (redwoods) |
12-inch diameter or 38-inch circumference |
Director |
Commission and then Council |
|
Tree removal requests on all properties in conjunction with a development application |
Any tree except fruit trees (4) and trees of the genus Myrtaceae (5) |
12-inch diameter or 38-inch circumference |
Director |
Commission and then Council |
|
Heritage tree removal requests in all zoning districts (not in conjunction with a development application) (6) |
Any heritage tree |
None specified |
Commission |
Council |
|
Heritage tree removal requests in all zoning districts (in conjunction with a development application) (6) |
Any heritage tree |
None specified |
Commission or Council, as applicable to the permit application |
Council |
|
Trees required as a condition of a development approval |
Any tree required to be retained or planted |
None required |
Director |
Commission and then Council |
|
Trees within the City public right-of-way and parkway strip |
Any tree required to be retained or planted |
None required |
Director |
Commission and then Council |
Notes:
(1) Minimum size and greater: measured four feet (4') above grade adjacent to the trunk.
(2) Appeals shall be filed in writing with the City Clerk within ten (10) days from the decision on the permit.
(3) Developed single-family residential property zoned R-1 or planned development.
(4) Fruit trees, defined as any tree that has the characteristic of bearing edible fruit, common to commercial production varieties including stone fruits (e.g., prunes, peaches etc.), citrus (e.g., lemons, oranges), nut varieties (e.g., almonds), English walnut (except for California black walnut), peppers (Schinus), and olives (Oleaceae), etc. A “fruit tree” shall not mean any tree that bears a fruit or nut produced primarily as seed, (e.g., oaks, pines, etc.).
(5) Any variety of eucalyptus tree.
(6) Includes any development application that requires Commission or Council approval, except development applications not involving addition of new single-family units in R-1 or planned development single-family developments (e.g., fence exception or conditional use permit). Applications for removal of heritage trees in conjunction with a development application shall first be referred to the Protected Tree Advisory Committee (PTAC) for a recommendation.
(§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.090 Replacement trees.
A. Number and size of replacement trees.
1. When a permit has been issued, the minimum number and size of replacement trees shall be based on the necessity, number, size, and species of trees requested to be removed. The species of replacement tree(s) shall continue the diversity of trees found in the community.
2. The minimum guidelines for tree replacement shall be in compliance with the following table (Table 3-11):
|
Trunk Size of Removed Tree |
Replacement Ratio Required |
||
|---|---|---|---|
|
Diameter (in inches) |
Circumference |
Number of replacement trees required |
Minimum size of replacement trees |
|
12 to 24 |
38 to 75 |
2 |
24-inch box |
|
Greater than 24 |
Greater than 75 |
3 |
36-inch box |
|
Heritage trees |
|
4 |
48-inch box |
B. Replanting plan. A replanting plan may be made a requirement of the tree removal permit, and is subject to approval by the review authority before the issuance of the tree removal permit unless an in-lieu fee in compliance with Section 9.30.100 (Site limitations/in-lieu fee for replacement) is approved by the review authority. The replanting plan shall be subject to the following:
1. The replanting plan shall include a site plan of the subject property with the location and species of the proposed replacement trees.
2. All replacement trees required by the approved replanting plan shall be obtained and planted at the expense of the applicant.
3. If the tree removal request was filed in conjunction with a development application, in compliance with Section 9.30.080 (Review authority and permit process), all replacement trees shall be installed before the issuance of a certificate of occupancy for the development.
4. If the tree removal request was not filed in conjunction with a development application, all replacement trees shall be installed within thirty (30) days from the date the tree removal permit is issued, or as determined by the Public Utilities Director.
5. City staff shall be permitted to enter the property to verify the installation of the replacement trees.
C. Maintenance of replacement trees. Replacement trees shall be maintained in compliance with Section 9.28.090 (Maintenance of private landscaping).
D. Maintenance bond. The review authority may require a faithful performance bond, maintenance bond, or other security deposit when tree replacement is required by this chapter. The bond shall be in an amount of money and for a period of time determined by the Director to ensure acquisition and proper planting and maintenance of the replacement trees. The bond shall be paid to the City before the issuance of the tree removal permit. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.100 Site limitations/in-lieu fee for replacement.
A. Site limitations. If the site layout cannot reasonably accommodate the number of trees required in compliance with the replacement ratios and/or tree spacing consistent with standard forestry practices, the review authority shall either:
1. Approve an increase in the size of the on-site replacement trees and reduce the number of trees required. The quantity and quality of the replacement trees shall be sufficient to produce a reasonable tree canopy for the size of the parcel; or
2. Require payment of an in-lieu fee in compliance with subsection B of this section (In-lieu fee), for the required number of trees or any portion thereof.
B. In-lieu fee. Payment of a fee shall be made to the City for tree planting elsewhere in the community should on-site location of the replacement trees not be possible, subject to the following:
1. The in-lieu fee shall be based on the fair market value of the number of trees required by Section 9.30.090 (Replacement trees) for the same or equivalent species, delivered and installed, as determined by the Planning and Development Services Director.
2. The fees will be used to purchase trees that will be planted within the public right-of-way or on other public property as directed by the Public Utilities Department. Where feasible, trees will be planted in the vicinity in which the tree(s) was removed.
3. Payment of the in-lieu fee shall be made before the issuance of the tree removal permit. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.110 Delegation of functions.
The Director may delegate any or all of the administrative duties authorized by this chapter to one or more Department or City staff members. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.120 Heritage tree designations.
A. Applications. Applications for designation of a heritage tree on private or public property may be initiated by any person subject to the property owners’ written consent. The applicant requesting heritage tree designation shall submit an application in compliance with instructions provided by the Director and shall include the following:
1. Assessor’s parcel number of the site;
2. Description detailing the proposed heritage tree’s special aesthetic, cultural, or historic value of community interest; and
3. Photographs of the tree(s).
B. Protected Tree Advisory Committee review. The Protected Tree Advisory Committee shall conduct a review of the proposed heritage tree, based upon information or documentation as it may require from the applicant, the Commission, staff, or from other available sources. A tree may be designated as a heritage tree upon a finding that it is unique and important to the community due to any of the following factors:
1. It is an outstanding specimen of a desirable species;
2. It is one of significant age and/or girth in the City; or
3. It has agricultural, cultural, economic, educational, historical, indigenous, or social heritage significance in the City.
C. Protected Tree Advisory Committee hearing. The Protected Tree Advisory Committee shall hold a public hearing on any proposed designation within thirty (30) days after the application is deemed complete and shall render a decision to approve, deny, or continue the hearing for more information.
D. Recordation of heritage tree designation. If the heritage tree designation is approved, the City shall record the designation with the County Recorder’s Office and a copy shall be provided to the property owner and the Department. A listing of designated heritage trees and their locations shall be listed on the historic resources inventory and maintained by the Department.
E. Posting and notice. Hearings for heritage tree designation shall be subject to public hearing notice procedures specified in Chapter 88 of this title (Public Hearings). In addition, the Department shall post the site or tree under consideration at least ten (10) calendar days before the hearing date with a sign identifying the nature of the application and the date, time, and place of the hearing. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.130 Appeals.
A. Appeals. Any person aggrieved by a decision of the review authority as specified in this chapter may appeal the decision in compliance with Chapter 90 of this title (Appeals).
B. Decisions on appeals. No decision made in compliance with this chapter shall be final until all appeal rights have expired. All appeal hearings shall be public hearings subject to Chapter 88 of this title (Public Hearings).
C. Posting and notice. In addition to the public hearing procedures specified in Chapter 88 of this title, the site or tree under consideration shall also be posted with a sign at least ten (10) calendar days before the hearing date of the appeal. The sign shall state the nature of the appeal under consideration by the appeal body, and the date, time, and place of the hearing. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.140 Tree technical manual.
The Public Utilities Department shall maintain a “tree technical manual.” The tree technical manual shall include information to assist implementation of this chapter (e.g., tree removal permit), tree disclosure statement, standards for protection of trees during construction and/or demolition, pruning standards, tree protection, and maintenance standards. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.150 Violations/penalties.
A. Declared to be a misdemeanor. The violation of any provision of this chapter is declared to be a misdemeanor and shall be punishable in compliance with Section 9.92.030 (Violations). In addition, any person unlawfully removing or destroying any tree without a properly issued tree removal permit shall be subject to the following:
1. Tree replacement penalty. For trees unlawfully removed, replacement trees shall be planted at an equivalent market value of the trees removed plus an hourly administrative charge for overseeing the violation action and tree replacement. The exact replacement ratio shall provide, in the opinion of the Director, an equivalent aesthetic quality which shall be based on the size, height, location, appearance, and other characteristics of the unlawfully removed tree(s).
2. Combination of cash payment and tree replacement. If the site layout cannot reasonably accommodate the required number of trees in compliance with the tree replacement penalty ratios and/or tree spacing consistent with standard forestry practices, the Director may approve a combination of a cash payment either in whole or in part and a portion of the replacement trees in compliance with this section. The cumulative value of the cash payment and the replacement trees shall be equivalent to the aesthetic, environmental, and monetary value of the unlawfully removed tree(s). Where development is proposed on the site, the standard landscaping required for new development shall not be countable towards the replacement penalty.
3. Payment for value of unlawfully removed tree(s). Where replacement trees will not provide equivalent aesthetic quality because of the size, age, or other characteristics of the unlawfully removed tree(s), the Director shall estimate the value of the removed tree(s) using the latest edition of the Guide for Establishing Values of Trees and Other Plants, prepared by the Council of Tree and Landscape Appraisers, as a resource. In cases where the tree(s) has been completely removed, the Director shall rely on available evidence (photographs, testing, etc.) to determine the replacement value. Upon the determination of the value, the Director may require a cash payment to the City to be added to a street tree fund for the cost of purchasing trees for installation within the public right-of-way or on other public property as determined by the Planning and Development Services Director.
4. Combination of cash payment and tree replacement. If the site layout cannot reasonably accommodate the required number of trees in compliance with the tree replacement penalty ratios and/or tree spacing consistent with standard forestry practices, the Director may approve a combination of a cash payment either in whole or in part and a portion of the replacement trees in compliance with this section. The cumulative value of the cash payment and the replacement trees shall be equivalent to the aesthetic, environmental, and monetary value of the unlawfully removed tree(s).
B. Maintenance of replacement trees. Replacement trees shall be maintained in compliance with Section 9.28.090 (Maintenance of private landscaping).
C. Maintenance bond. The review authority shall require a faithful performance bond, maintenance bond, or other security deposit for the replacement trees required by this section. The bond shall be in an amount of money and for a period of time determined by the Director to ensure acquisition, proper planting, and maintenance of the replacement trees.
D. Maintenance pruning violation(s). Any tree(s) damaged by indiscriminate pruning practices shall be considered a removed tree(s) in compliance with the provisions of this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.30.160 No liability upon City.
Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon the subject property or upon a public right-of-way over the subject property. (§ 2, Ord. 14-13, eff. October 8, 2014)