Chapter 7.40
HERITAGE TREES
Sections:
7.40.020 Heritage tree defined.
7.40.030 Maintenance and preservation of heritage trees.
7.40.040 Removal and major pruning of heritage trees prohibited without permit.
7.40.070 Appeal from decision.
7.40.080 Penalties for violation.
7.40.010 Intent--Purpose.
The city is forested by stands of oak, bay, redwood, pine, cypress and other trees, the preservation and protection of which are necessary for the health and welfare of the citizens of this city in order to preserve the scenic beauty; maintain property values; prevent erosion of topsoil; protect against flood hazards and the risk of landslides; counteract the pollutants in the air; maintain the climatic balance and decrease wind velocities; and relieve the public costs of installing and maintaining storm water drainage systems. The purpose of this chapter is to establish a process for protecting and preserving trees on public and private property designated by this chapter as heritage trees, while recognizing the interests of property owners to develop, maintain and enjoy private property. (Ord. C-10-11 §1(part), 2011).
7.40.020 Heritage tree defined.
As used in this chapter, “heritage tree” means:
A. A tree located on public or private property, exclusive of eucalyptus, with a trunk diameter of twelve inches or more, or a circumference of at least thirty-eight inches measured at forty-eight inches above ground level.
B. A tree or stand of trees so designated by resolution of the city council based on its finding of special historical, environmental or aesthetic value, including a resolution adopted under former Chapter 12.16.
C. A tree located within the public right-of-way along the entire length of Main Street or along Kelly Avenue between San Benito Street and Highway 1. (Ord. C-2013-02 §1, 2013: Ord. C-2-12 §5, 2012: Ord. C-10-11 §1(part), 2011).
7.40.030 Maintenance and preservation of heritage trees.
Any person who owns, controls, has custody or possession of any real property within the city shall use reasonable efforts to maintain and preserve all heritage trees located thereon in a state of good health pursuant to the provisions of this chapter. Failure to do so shall constitute a violation of this chapter. Any person who conducts any grading, excavation, demolition or construction activity on property shall do so in such a manner as to not threaten the health or viability or cause the removal of any heritage tree. Any such grading, excavation, demolition or construction activity performed within the drip line of a heritage tree, defined as the diameter of the tree’s canopy formed by branches and/or leaves extending outward from the trunk of the tree, shall require submittal of a tree protection plan for review and approval by the city manager, or his or her designee, prior to issuance of any permit for grading or construction. The tree protection plan shall be prepared by a certified arborist and shall address issues related to protective fencing and protective techniques to minimize impacts associated with grading, excavation, demolition and construction. The city manager or his or her designee may impose conditions on any city permit to assure compliance with this section. (Ord. C-2013-04 §7, 2013: Ord. C-2013-02 §2, 2013: Ord. C-10-11 §1(part), 2011).
7.40.040 Removal and major pruning of heritage trees prohibited without permit.
It is unlawful for any person to remove, or cause to be removed any heritage tree from any parcel of property in the city, or prune more than one-third of the branches or roots within a twelve-month period, without obtaining a permit in accordance with the requirements of this chapter; provided, that in case of emergency, when a tree is imminently hazardous or dangerous to life or property, it may be removed by order of the city manager, or his or her designee, or of the chief of the Half Moon Bay fire protection district. Any person who vandalizes, grievously mutilates, destroys or unbalances a heritage tree without a permit or beyond the scope of an approved permit shall be in violation of this chapter. (Ord. C-10-11 §1(part), 2011).
7.40.050 Permits.
Any person desiring to remove one or more heritage trees or perform major pruning as described in Section 7.40.040 shall apply for a permit pursuant to procedures established by the city manager and shall pay a fee established by the city council. A permit for a heritage tree located within a public right-of-way may be issued to the city or to the owner of real property located immediately adjacent to the location of the tree. It is the joint responsibility of the property owner and party removing the heritage tree or trees, or portions thereof, to obtain the permit. The city manager, or his or her designee, may only issue a permit for the removal or major pruning of a heritage tree if he or she determines there is good cause for such action. In determining whether there is good cause, consideration shall be given to the following:
A. The condition of the tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures and interface with utility services, age or remaining lifespan, and whether or not the tree acts as host for a plant which is parasitic to other species of trees which are in danger of being infested or exterminated by the parasite;
B. The necessity of the requested action to construct improvements, or other enjoyment of the property;
C. The topography of the land and the effect of the requested action on erosion, soil retention, water retention and diversion or increased flow of surface water;
D. The number, species, size and location of existing trees in the area and the effect the requested action would have in terms of providing shade, protection from wind, privacy, historic value and scenic beauty;
E. The number of healthy trees a given parcel of land will support according to good arboricultural practices;
F. The availability of reasonable and feasible alternatives that would allow for preservation of the tree or trees. (Ord. C-10-11 §1(part), 2011).
7.40.060 Replacement of trees.
Any person removing a heritage tree pursuant to a permit issued under this chapter shall replace such tree on a one-for-one basis with a minimum size twenty-four-inch-box specimen tree of a species and in a location approved by the city manager or his or her designee. (Ord. C-10-11 §1(part), 2011).
7.40.070 Appeal from decision.
Any decision of the city manager or his or her designee to issue or deny a permit under this section may be appealed to the planning commission, and a decision of the planning commission may be appealed to the city council, in accordance with the requirements of Chapter 1.25. (Ord. C-10-11 §1(part), 2011).
7.40.080 Penalties for violation.
In any action to enforce the requirements of this chapter, the following shall apply:
A. Criminal Penalties. A failure of any person to obtain the permits as required by Section 7.40.040 or 7.40.050, or a failure to provide required mitigation by replacing trees as required by Section 7.40.060, shall constitute a violation of this code punishable as a misdemeanor and subject to fines as set forth herein:
1. One-thousand-dollar fine for the first heritage tree removed from private property, or any tree removed from public property without a permit in a one-year period;
2. Two-thousand-dollar fine for the second heritage tree removed from private property, or any tree removed from public property without a permit in a one-year period;
3. Three-thousand-dollar fine for any additional trees beyond the first two trees removed without a permit in a one-year period;
4. In addition to the penalties set forth herein, any person who violates this chapter shall also be required to reimburse the city for the city’s costs necessary for the enforcement of this chapter against the individual.
B. Civil Remedies. In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the city for violation of this chapter:
1. Stop Work Order. If a violation occurs during development, the city may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the city manager or his or her designee, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security. The mitigation plan shall include measures for protection of any remaining trees on the property, and shall provide for replacement of each tree removed or heavily damaged on the property or at locations approved by the city manager or his or her designee.
2. Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation, or to compel implementation of a mitigation plan. Such mitigation plan shall include measures for protection of any remaining trees on the property, and shall provide for replacement of each tree removed or heavily damaged on the property or at locations approved by the city manager or his or her designee. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees. (Ord. C-10-11 §1(part), 2011).