Chapter 8.40
TREES AND SHRUBS
Sections:
Article I. General
8.40.030 Authority of City Manager.
8.40.040 Approval of action or treatment affecting trees or shrubs on public property.
8.40.050 Maintenance of city-owned trees, shrubs, hedges, and heritage trees.
8.40.060 Duties of owners of trees and shrubs growing on or near right-of-way or public place.
8.40.080 Order to correct condition.
Article II. Heritage Trees
8.40.100 Criteria; designation by Planning Commission.
8.40.110 Nomination for heritage status.
8.40.120 Identification; property rights; duties of property owner.
Article III. Protected Trees
8.40.140 Permit required for removal; exceptions.
8.40.150 Issuance of permit for removal; possession of permit.
Cross references: Buildings and building regulations, Title 15; manufactured homes, mobile homes, and trailers, Ch. 15.105; neighborhood preservation, Ch. 8.25; weeds and other vegetation, § 8.25.140 et seq.; parks and recreation, Title 4; planning and development, Title 19; stormwater management and grading and erosion control, Title 16; streets, sidewalks, and other public places, Title 12; subdivisions, Title 17; subdivisions requirements for street trees, § 17.20.030; shrubbery or foliage obstructing visibility at intersections, § 10.05.030; shrubbery or foliage obstructing visibility of traffic control devices, § 10.05.040; zoning, Title 18.
Article I. General
8.40.010 Intent and purpose.
The intent and purpose of this article is to provide a uniform method for the proper care of trees, shrubs, and hedges in parks, in public places, and along those streets defined in section 1.05.100 of this Code; to provide for the public health, safety, and general welfare; to contribute to the attractiveness and quality of life in the city; to identify and maintain heritage trees; to promote and preserve the city’s aesthetic value; and to define the powers and duties of those who administer this article. The provisions of this article are supplemented by Article VI, Division 3 of the Development Code [recodified in Title 18], which specifically addresses the protection of trees related to projects for which a permit from the Planning Division is required.
(Code 1965, § 4300; Code 2002, § 114-31. Ord. No. 809; Ord. No. 89-15; Ord. No. 12-4)
8.40.020 Definitions.
Appropriate planning agency. For purposes of this article, an appropriate planning agency is the Planning Commission, Design Review Board, or Zoning Administrator.
City-owned tree, shrub, or hedge. Trees, shrubs, and hedges along the major street system, as shown in the Transportation and Circulation Element of the General Plan, which are not required to be maintained by the adjacent property owner as a condition of development approval, or which are not maintained by a landscape maintenance district, homeowners’ association, or other provisions for private maintenance.
Drip line. Generally circular shape formed by the outermost points on branches of a tree projected to the ground plane.
Hedge. Any plant material, shrub or plant, annual or perennial in nature, not necessarily hardy.
Heritage tree. Any tree or group of trees which has a relationship to an event of historical significance or is of public interest and which has been officially designated by action of the Planning Commission as a heritage tree.
Non-protected tree. Includes any member of the genus Eucalyptus, any member of the genus Acacia, any common palm tree (Arecaceae), Monterey pine (Pinus radiata), and any member of the genus Ligustrum (commonly referred to as privet), unless such tree has been specifically designated a heritage tree by action of the Planning Commission.
Parks. All public parks within and without the city.
Protected tree. A protected tree is:
(a) Any of the following listed native trees with a diameter of 12 inches or more as measured 54 inches above the ground (e.g., diameter at breast height) or a multi-stemmed native tree on the list below where the sum of all stem diameters is 12 inches or more as measured 54 inches above the ground: Valley oak (Quercus lobata), Blue oak (Q. douglasii), Coast live oak (Q. agrifolia), California bay (Umbellaria californica), California buckeye (Aesculus californica), and California sycamore (Platanus racemosa);
(b) Other trees (except those specifically listed as non-protected) with a diameter of 24 inches or more as measured 54 inches above the ground (e.g., diameter at breast height) or more or a multi-stemmed non-native tree where the sum of all stem diameters are 24 inches or more as measured 54 inches above the ground;
(c) Any tree which has been previously designated as a heritage tree by Planning Commission resolution;
(d) A tree required to be planted, relocated, or preserved as a condition of approval of a Tree Permit or other discretionary permit, and/or as environmental mitigation for a discretionary permit; and
(e) A tree with a trunk diameter of six inches or more or one component trunk of a multi-stemmed tree with a diameter of four inches or more as measured 54 inches above the ground that is located within the structure setback of creeks or streams as defined in CDC 18.305.040(A).
Public places. All grounds or areas other than streets or parks owned by, leased to, or under the contract of the city.
Shrub. A woody plant of relatively low height, distinguished from a tree by having several stems rather than a single trunk.
Tree. A usually tall woody plant, distinguished from a shrub by having a comparatively greater height and, characteristically, a single trunk rather than several stems.
(Code 1965, § 4301; Code 2002, § 114-32. Ord. No. 809; Ord. No. 89-15; Ord. No. 87-34; Ord. No. 12-4)
Cross references: Definitions generally, § 1.05.100.
8.40.030 Authority of City Manager.
(a) Supervision of trees and shrubs in public places. The City Manager, or his or her designee, shall have jurisdiction and supervision over all trees, shrubs, hedges, and heritage trees planted or growing along streets, in parks, or other public places.
(b) Authority to preserve or remove trees and shrubs in public places. The City Manager, or his or her designee, shall have the authority to plant, trim, spray, preserve, and remove trees, shrubs, and hedges along streets, or in parks, or other public places to ensure the public safety and maintain the beauty of such streets, parks, or public places.
(c) Authority regarding trees and shrubs on private property. The City Manager, or his or her designee, shall have the authority to order the trimming, preservation, or removal of trees, shrubs, and hedges upon private or public property, when it is found that an emergency or hazardous situation exists and that such action is necessary to maintain public health, safety, or welfare or to prevent the spread of disease or insects to public trees, parks, or public places. The City Manager, or his or her designee, shall have the authority to affix reasonable conditions to any order which addresses any emergency or hazardous situation.
(Code 1965, § 4302; Code 2002, § 114-33. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)
8.40.040 Approval of action or treatment affecting trees or shrubs on public property.
(a) Approval required. It shall be unlawful for any person to cut, trim, spray, mutilate, move, remove, bind, spike, replace, injure, or in any way impair the growth of any plant, tree, or shrub being or growing in, along, or upon any street, park, or public place, or any device existing for the protection thereof, without first obtaining written approval from the City Manager, or his or her designee.
(b) Application. The request for approval shall contain such information as the City Manager, or his or her designee, shall find reasonably necessary to make a fair determination of whether approval should be issued.
(c) Standards for approval. The City Manager, or his or her designee, shall grant approval upon finding that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory.
(d) Issuance; fee; term. The approval shall be issued, without cost, to the applicant and shall be effective for a period of 30 days after issuance.
(Code 1965, § 4303; Code 2002, § 114-34. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)
8.40.050 Maintenance of city-owned trees, shrubs, hedges, and heritage trees.
All city-owned trees, shrubs, hedges, and heritage trees shall be maintained so as to preserve the public health, safety, and general welfare; and the City Manager, or his or her designee, shall promulgate any reasonable rules and regulations necessary to establish specific maintenance standards herein or to otherwise implement the provisions of this article.
(Code 1965, § 4304; Code 2002, § 114-35. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)
8.40.060 Duties of owners of trees and shrubs growing on or near right-of-way or public place.
It shall be the duty of any person allowing a tree, shrub, or hedge to grow on the public right-of-way or property which abuts a public place or street to:
(1) Prune the trees, shrubs, and hedges so as not to cause a hazard to parks, public places, or streets; or to users of these parks, public places, or streets;
(2) Treat or remove any tree, shrub, hedge, or plant of any type or species so diseased or insect-ridden as to constitute a hazard to trees, shrubs, or hedges in streets, parks, or public places;
(3) Water and fertilize any tree, shrub, hedge, or plant to maintain proper growth and health.
(Code 1965, § 4305; Code 2002, § 114-36. Ord. No. 809; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 06-4, § 5)
Cross references: Streets, sidewalks, and other public places, Title 12.
8.40.070 Public nuisances.
The following shall be so defined as to constitute a public nuisance:
(1) Any tree, shrub, or hedge on any street or private property of a type or species that may destroy, impair, or otherwise interfere with any street improvements, including but not limited to sidewalks, curbs, street signs, approved street trees, gutters, sewers, or other public improvements, including utility mains or services;
(2) Vines or climbing plants growing into, over, or which may otherwise destroy, impair, or interfere with any street tree, shrub, hedge, or public improvements, including but not limited to fire hydrants, poles, electroliers, or street signs;
(3) Hedges or shrubs extending beyond a property line into a public right-of-way or which interfere with a public sidewalk or street;
(4) Any shrub or hedge exceeding the height limit established by the Development Code;
(5) Any tree, tree limb, shrub, hedge, or vine which, after prior determination by the City Manager, or his or her designee, constitutes a hazard to traffic or the public safety. In making such determination, the City Manager, or his or her designee, shall take into consideration the location of the tree, tree limb, shrub, hedge, or vine in relation to the street, sidewalk and street signs, any traffic visibility hazard created, or any hazard to the safety of any motorist or pedestrian using such street or sidewalk;
(6) Any violation of Section 10.05.030 or 10.05.040.
(Code 1965, § 4306; Code 2002, § 114-37. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5; Ord. No. 12-4)
Cross references: Public nuisances, § 8.25.010 et seq.
8.40.080 Order to correct condition.
(a) Authorized. In addition to the civil, criminal, and administrative remedies available, if a property owner and/or person responsible fails to voluntarily abate a violation of this article within the time and in the manner specified in the abatement notice, the city may abate the violation under the procedure set forth in Section 8.25.080.
(b) Payment of costs. The city may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the city as set forth in Section 8.25.090. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.
(c) Failure to perform work. Failure to perform work ordered by city hereunder is a misdemeanor punishable pursuant to Section 1.05.230.
(Code 1965, § 4307; Code 2002, § 114-38. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)
Article II. Heritage Trees
8.40.090 Purpose and intent.
The intent of this Division is to provide a means of formally designating specific trees with exceptional historic, visual, or ecological significance as “heritage trees” and to ensure the continued protection of these trees in the future.
(Code 1965, § 4308; Code 2002, § 114-61. Ord. No. 867; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 12-4)
8.40.100 Criteria; designation by Planning Commission.
A heritage tree is any tree on public or private property which has been specifically designated by resolution of the Planning Commission, consistent with the definition of heritage tree in Section 8.40.020. To be designated a heritage tree by the
Planning Commission, a tree or trees must meet the following criteria:
(1) The tree must be considered an outstanding specimen (or group) of its species by virtue of either its location, health, conformation, age, size, or rarity, or any combination of the same;
(2) The tree must be in a location and in a state of health which indicates a high possibility of survival, given reasonable care, and in a location which would not automatically preclude reasonable future development of the site.
(Code 1965, § 4308; Code 2002, § 114-62. Ord. No. 867; Ord. No. 1006; Ord. No. 1148; Ord. No. 87-34; Ord. No. 87-36; Ord. No. 89-15; Ord. No. 12-4)
8.40.110 Nomination for heritage status.
The Planning Commission may receive nominations of trees for heritage tree status through the Department of Community and Economic Development, Planning Division. Written acceptance of the proposed designation by the property owner shall be required.
(Code 1965, § 4308; Code 2002, § 114-63. Ord. No. 867; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 12-4)
8.40.120 Identification; property rights; duties of property owner.
(a) Once formally designated, a heritage tree may be identified with a marker or other means as determined by the Planning Commission, provided the property owner consents to such an identification. The Director of Planning shall maintain a current list of all heritage trees so designated by the Planning Commission.
(b) A designated heritage tree shall remain the property of the landowner.
(c) The care of the designated heritage tree shall be the responsibility of the property owner.
(d) Any property owner having a designated heritage tree on his property shall be expected to give the tree reasonable care to ensure its continued good health.
(Code 1965, § 4308; Code 2002, § 114-64. Ord. No. 867; Ord. No. 89-15; Ord. No. 12-4)
Article III. Protected Trees
8.40.130 Purpose and intent.
It is the intent of this Division to establish regulations for the preservation of large, mature trees, including permitting requirements for the removal of such trees on private property. The preservation of trees is necessary for the health and welfare of Concord residents in order to conserve scenic beauty, prevent erosion of topsoil, protect against flood hazards, counteract the pollutants in the air, and maintain the climatic and ecological balance of the area. It is also the intent of this division to acknowledge the establishment of complementary regulations in the Development Code which ensure the preservation, maintenance, and replacement of protected trees on properties where construction and development is proposed.
(Code 1965, § 4308; Code 2002, § 114-75. Ord. No. 867; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 12-4)
8.40.140 Permit required for removal; exceptions.
It shall be unlawful for any person to remove, or cause to be removed, any protected tree from any parcel of property in the city without first obtaining a permit to do so; provided, however, that 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 Consolidated Fire District, or by the Director of Public Works. Provided, further, in emergency situations only where the public health and safety is affected, any duly authorized representative of any public utility or of the city may remove trees which interfere with the safe and efficient operation of the public service for which they are responsible. Non-protected may be removed without a permit.
(Code 2002, § 114-76. Ord. No. 12-4)
8.40.150 Issuance of permit for removal; possession of permit.
(a) Application. Any person desiring to remove one or more protected trees shall apply to the City Manager for a permit, unless the removal is associated with an application to the Planning Division in which case the provisions of Article VI, Division 3 of the Development Code [recodified in Title 18] shall apply. The application for a permit shall be made on forms provided for the purpose and shall include the following:
(1) A plan which clearly indicates the location of the tree(s) to be removed and the quantity and species of trees to be planted in exchange for the protected tree;
(2) Specification of the species, size, and (if applicable) heritage tree designation of the tree(s) to be removed;
(3) Statement of specific reasons for the proposed removal;
(4) Filing fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;
(5) Any additional information as the City Manager or other designated person determines necessary, which may include a report prepared by a qualified arborist. An arborist’s report shall generally not be required for the removal of a native tree less than 24 inches in diameter (or a multi-stemmed native tree which has at least one stem which is 8 inches in diameter) as measured 54 inches above the ground surface, provided that the Director of Public Works or his/her designee verifies that the proposed removal meets the review criteria below through a site visit or equivalent evaluation.
(b) Review; criteria for evaluation. Any person desiring to remove one or more protected tree(s) shall apply to the City Manager unless such removal is associated with a project requiring a planning permit pursuant to subsection 8.40.150(d) below. Requests for removal shall be evaluated by the Director of Public Works or his/her designee. In either case, there shall be a complete review of all application information, inspection of the site and subject tree, and a determination of the following:
(1) The condition of the tree or trees with respect to disease, whether the tree acts as a host for plants or animals, its danger of falling, and its potential for endangering other nearby trees;
(2) Proximity to existing or proposed structures;
(3) The proximity to, or potential to, interfere with existing utilities or buildings;
(4) The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property;
(5) Topography of the land and the effect of removal of the tree on erosion, soil retention, and diversion or increased flow of surface waters;
(6) The number of trees existing in the neighborhood on improved property and the effect removal would have on the established standard of the area and the property value;
(7) The number, size, and type of replacement trees to be provided.
(c) Priority of applications; staff reports. In reviewing applications, City Manager or his/her designee, shall give priority to those applications for removal of a heritage tree based on hazard or danger of disease. Applications may be referred to another department, committee, board, or commission of the city for report and recommendation.
(d) Coordination with applications for development. An application to remove a protected tree, which is the result of an application for development or construction, shall be subject to the provisions of Article VI, Division 3 of the Development Code [recodified in Title 18]. Such applications shall be submitted to the Planning Division and coordinated with the initial application for approval of that development consistent with the requirements of Article VIII of the Development Code [recodified in Title 18].
(e) Possession of permit. It shall be the responsibility of the person or company removing a heritage tree to have on his person the permit for removal. Noncompliance shall be considered an infraction punishable under section 1.05.220 of this Code.
(f) Enforcement. Any person, including but not limited to the property owner, the person performing the work, and/or any other responsible person, who violates any provision of this Division or any condition imposed upon any permit issued hereunder shall be liable to the City for a civil penalty to be determined by the City based on the value of the tree and the extent of the damage done.
(Code 2002, § 114-77. Ord. No. 12-4)
8.40.160 Appeal.
The decision of the City Manager or appropriate planning agency, whichever applies, may be appealed by the applicant or any interested person to the City Council in accordance with section 2.05.050 of this Code. This section shall not apply to those orders subject to appeal pursuant to subsection 8.40.080.
(Code 2002, § 114-78. Ord. No. 12-4)