Chapter 13
STREET TREE MAINTENANCE AND PROTECTION1
6.13.002 Purpose.
a. The City recognizes the substantial economic, environmental and aesthetic importance of street trees within a community.
b. It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of planting, maintenance, removal and replacement of street trees within the City.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.004 Definitions.
a. "Approved street tree" means a street tree planted as the result of an approved project or subdivision or as a replacement to a removed or damaged street tree that conforms to a species on the City’s approved street tree list.
b. "City tree" shall mean any tree, the trunk of which is partially or completely located in a City park or on other real property the City owns in fee.
c. "Critical root zone" shall mean a defined circular area around a tree with a radius measured to the nearest foot of the tree’s longest dripline radius plus one foot.
d. "Director" means Public Works Director or his/her appointed representative.
e. "Maintaining" or "maintenance" of a tree means and includes pruning, trimming, clipping, topping, spraying or treating for pests, mulching, staking, bracing or cabling, or otherwise caring for the tree to sustain its life.
f. "Nonconforming tree" means a street tree which is not an approved tree.
g. "Hazardous condition" shall mean any tree that is or appears to be (1) dead; (2) likely to fall; (3) seriously diseased; (4) an obstruction or potential obstruction to pedestrian or vehicular travel in any street or sidewalk; (5) an obstruction or potential obstruction to any traffic signs, traffic controls, street lights, regulatory sign, or similar type of equipment or sign; or (6) in a condition that is detrimental to the public health, safety, or general welfare.
h. "Private tree" means a tree located on property not within a public right-of-way, public easement or on public property.
i. "Street tree" means a tree intentionally planted or growing within a public right-of-way or public easement within the City, whether or not that tree is located within the physical front or corner side yard of a residence or other property.
j. "Street tree permit" means a written or printed authorization issued by the City Public Works Department.
k. "Minor tree pruning" shall refer to the removal of diseased, dead, interfering or obstructing branches or roots, or training of young trees to enhance structure, health and stability. If more than twenty percent (20%) of the overall tree canopy or roots within the critical root zone are desired to be removed, a permit is required.
(Sec. 1, Ordinance No. 06-19, adopted April 9, 2019; Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.006 Administration.
a. The Director shall plan, administer, control and regulate the street tree program of the City in accordance with this chapter. The Director may develop policies and procedures to implement this chapter.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.008 Maintenance – Street Trees – City Trees – Other Vegetation.
a. The property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall maintain and replace, if necessary, any street tree adjacent to or fronting on the subject property in such condition that the street tree complies with this chapter. Each property owner shall plant and replace any removed or otherwise missing street trees with the same kind or one that is approved by the City.
b. A property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall owe a duty to members of the public using streets to maintain any street tree or other vegetation such that the street tree or other vegetation is not in a hazardous condition for users of the streets. For purposes of this section, maintenance of a street tree or other vegetation includes, but is not limited to: watering, pruning of branches and roots, fertilizing, pest control, removal of branches, leaves, and other debris, weed abatement, and protection of the critical root zone.
c. A property owner required by this section to maintain any street tree or other vegetation shall comply with the following:
1. Provide the necessary maintenance so that the street tree or other vegetation is not in a hazardous condition or in a condition that will likely become a hazardous condition.
2. Provide the necessary maintenance, including branch and root maintenance, such that the street tree or other vegetation is not causing, or threatening to cause, damage to any structure or fixture, including but not limited to sidewalks, water, irrigation and sewer lines, pools, or buildings on the property or on any adjacent property. Necessary maintenance of roots includes, but is not limited to, pruning tree or other vegetation roots or installing a root barrier.
3. Provide the minimum vertical pedestrian clearance from the top of the sidewalk, and minimum vertical vehicular clearance from the top of the pavement, to any part of a street tree or other vegetation as required by Section 4.29.402.
4. Provide adequate clearance around the street tree or other vegetation to ensure unobstructed pedestrian and vehicular view of all authorized traffic signals, traffic cameras, street lights, regulatory signs, street name signs, and other similar type of equipment or signs.
5. Remove leaves and other debris from a street tree or other vegetation upon the lot. The owner shall not allow the accumulation of fallen leaves and other debris in violation of Sections 4.29.402 and 4.29.404.
d. If any property owner fails to maintain any adjacent street tree or other vegetation in a nonhazardous condition as required by this section, and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain the adjacent street tree or other vegetation in a nonhazardous condition.
e. The owner of any lot adjacent to a park or other real property owned by the City shall, at his or her expense, remove any leaves and other debris that fall from any City tree onto the owner’s property. The owner shall not allow the accumulation of fallen leaves and other debris in violation of Sections 4.29.402 and 4.29.404.
f. The owner of any lot adjacent to a park or other real property owned by the City shall maintain any City tree or vegetation, if at least partially located on the owner’s property, to avoid causing, or threatening to cause, damage to any structure or fixture, including but not limited to sidewalks, water, irrigation and sewer lines, pools, or buildings, on the City park or property or on any adjacent property. Maintenance includes, but is not limited to, pruning of tree roots and/or branches or installing a root barrier.
g. The owner of any lot adjacent to a park or other real property owned by the City in fee, may, without a permit, engage in minor tree pruning for any City tree or other vegetation that is upon the lot.
(Sec. 2, Ordinance No. 06-19, adopted April 9, 2019; Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.010 Permit Required.
a. No person may plant, injure, remove or interfere with a street tree or City tree, or trim, prune, or do maintenance work on a street tree or City tree in a manner that removes more than twenty percent (20%) of the canopy or prunes tree roots within the critical root zone, without first obtaining a street tree permit from the Public Works Department. The permit shall be issued only for work to be done in compliance with this chapter and shall be issued without a fee. The Director has discretion as to whether the work shall be conducted by a licensed arborist or contractor, or may be conducted by the home owner/permit applicant. The Public Works Department shall supervise work done under a permit.
b. If a person obtains a building permit or entitlement for development from the Planning Department, and street or City tree work is required or authorized under that permit, the person need not obtain a separate street tree permit. The Planning Department shall notify the Public Works Department of any permit requiring street or City tree work. The Public Works Department shall supervise street or City tree work under the permit.
(Sec. 3, Ordinance No. 06-19, adopted April 9, 2019; Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.012 Replacement of Street Tree.
a. A person who received a permit to remove a tree shall at the option of the Director either:
b. Replace the tree with one (or more, depending on the tree’s size), whereas the variety, location and size is subject to the discretion of the Director. The Director shall require a tree of similar size, if possible. Where a tree of similar size is not possible, the Director shall require a reasonable tree or trees in combination with compensation for the value as indicated below; or
c. Compensate the City for the value of the tree. The value of the tree shall be provided by an arborist, hired by the permit holder, based on the diameter of the tree’s trunk as measured at breast height (four and one-half feet above grade) in inches to the nearest one-tenth of an inch, times the average cost of a fifteen (15) gallon sized similar tree, including costs for transportation, installation, and irrigation (if necessary).
d. Where replacement of a tree of similar size is not possible, the Director shall require a reasonably sized tree or trees in combination with compensation for the value for the remaining unmitigated size.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.014 Damage of Street Trees.
a. No person may:
1) Abuse, mutilate or destroy a street tree;
2) Attach or place a rope or wire (other than a rope or wire customarily used to support a young or broken tree), toy, sign, poster, handbill, paint or other substance, structure or thing to or on a street tree; or
3) Allow a gaseous liquid or solid substance which is harmful to come in contact with a street tree.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.016 Dead Street Trees.
a. No person may remove, prune, trim, clip, top, or otherwise further damage a tree thought to be dead without first contacting the Public Works Department to obtain a street tree permit.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.018 Open Ground for Trees.
a. No person may place or maintain a stone, cement or other substance so that it impedes the free access of water or air to a street tree. At least twelve (12) square feet of open ground shall be maintained around a street tree unless the Director or specific conditions of approval specifically permit or require otherwise.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.020 Interference with Work of Public Works Director.
a. No person may interfere with the Public Works Director or other employee or contractor while the employee or contractor is planting, maintaining, treating or removing a street tree or is removing a stone, cement or other substance from around the trunk of a street tree. For the purposes of this chapter, "interfere" shall apply to both physical and verbal interference.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.022 Erection, Alteration or Removal of Structures.
a. When the erection, repair, alteration or removal of a structure necessitates the trimming, pruning, or removal of a street tree, such tree work may be done only after a written permit is issued by the Community Development Department and at the expense of the applicant. Tree work shall be supervised by the Public Works Department. As a condition to granting a permit for the removal of a tree under this section the applicant shall replace the removed tree with an approved tree. Before this permit is issued, the applicant shall deposit security (cash or a bond) with the City in an amount to cover the cost of replacing the tree. The City may use the security to defray its cost of replacing the tree if the applicant fails to do so within a reasonable time.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.024 New Development.
a. Trees required to be planted per approved plans, or as a condition of approval of a tentative parcel map, tentative map, conditional use permit, design review, variance, sign permit, or building permit inherently become approved trees.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.026 Public Utilities.
a. When a tree interferes with and interrupts service of a public utility company providing gas, water, electricity, telephone, telegraph or cable service within the City, the City may, without first obtaining a permit, trim or remove branches of trees to the extent necessary to restore service.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.028 Abatement by Pruning on Public Right-of-Way.
a. The Public Works Director shall be empowered to authorize the pruning of any street tree, unapproved street tree, or other planting in the public right-of-way or easement without prior notice to the property owner, if the Public Works Director or his designee determines in his or her sole discretion that the street tree, unapproved street tree, or other plantings constitute an immediate danger to public health, safety, or property. All pruning costs incurred shall be charged to the property owner.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.030 Heritage and Protected Trees.
a. In the event this chapter and the section relating to heritage and protected trees (Section 9.1.1112) contradict each other, Section 9.1.1112 shall take precedence. Otherwise, it is possible that both this chapter and Section 9.1.1112 may apply to a given situation.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
6.13.032 Nonliability of City.
a. Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care or maintenance upon the City or its officers or employees. The person(s) who owns the property in which the City right-of-way is located shall have a duty to keep all trees located on his or her or their property in a safe and healthy condition.
(Sec. 1, Ordinance No. 17-14, adopted November 18, 2014)
Code reviser’s note: Ord. 17-14 adds this chapter as Chapter 6.12. This chapter has been editorially renumbered to avoid duplication.