Chapter 8.54
TREES
Sections:
8.54.010 Findings and declaration of intent.
8.54.030 Permit – Required for certain tree removal, alteration or planting.
8.54.040 Permit – Application requirements – Issuances.
8.54.050 Emergency tree removal.
8.54.060 New construction, development, subdivisions and site plans.
8.54.070 Replacement of trees.
8.54.080 Protection of trees during construction.
8.54.110 Abuse or mutilation of trees.
8.54.010 Findings and declaration of intent.
The city council finds that trees, both individually and in clusters, contribute to the attractiveness and livability of the city. Aesthetically, trees provide scale, color, silhouette and mass. Trees also provide shade, moisture and wind control, and protect natural resources by providing erosion control for the soil, oxygen for the air and a habitat for wildlife. Trees sustain and enhance property values, and reduce the cost of drainage systems for surface water. Trees provide screens and buffers to separate land uses, are landmarks of the city’s history, and a critical element of nature in the midst of urban settlement. For these reasons, the council finds that in order to promote the public health, safety and general welfare of the city, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudiced to the public interest, it is necessary to enact regulations controlling the planting, removal, protection and preservation of trees within the city. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.020 Definitions.
As used in this chapter:
“Alteration” means any action which would significantly damage the health or appearance of any tree, whether (1) by cutting of its trunk or branches, or (2) by filling or surfacing or changing the drainage of the soil around the tree, or (3) by other damaging acts. This definition excludes routine pruning and shaping, removal of deadwood, or other maintenance of a tree to improve its health, facilitate its growth, or maintain its configuration to protect an existing view.
“City forester” is that person designated by the director as the parks maintenance supervisor or, at the discretion of the director, any other arborist having demonstrated an expert knowledge of urban forestry, so designated.
“Director” is the director of public works.
“Forestry” is the designing, establishment and management of all or part of the urban forest.
“Hedge” means any plant material, trees, stump, growth or shrubbery planted or growing in a dense continuous line, so as to form a thicket, barrier or living fence.
“Person” means any individual, firm, partnership, corporation or other legal entity.
“Tree” means a woody perennial plant which usually but not necessarily has a single trunk and a height of ten feet or more, or has a circumference of twenty inches measured at twenty-four inches above the ground; references in this chapter to “tree” include the plural “any tree or trees.”
“Undeveloped parcel” means any lot or parcel which may be subdivided or divided under applicable regulations of the city, and any lot or parcel on which a permanent structure has not been built; any other lot or parcel is a “developed property” for purposes of this chapter.
“Urban forest” is all the various trees and other plant life, collectively, situated upon city property.
“View” means a vista of Monterey Bay, neighboring communities, surrounding hills, or a nearby or distant wooded area. (Ord. 939, 2004; Ord. 871 (Exh. A) § 1, 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.030 Permit – Required for certain tree removal, alteration or planting.
A. It is unlawful for any person to remove or alter any tree on private property in the city without a permit issued as provided in this chapter.
B. It is unlawful to plant within the city any Coast Redwood, Blue Gum Eucalyptus, Willow, Cottonwood or Poplar, without a permit issued as provided in this chapter. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.040 Permit – Application requirements – Issuances.
A. Any person who wishes to remove, alter a tree, or plant a prohibited species of tree on private property in the city may apply in writing to do so. Such application shall identify the property on which the tree is located, or to be planted, provide a perimeter outline of an existing or proposed building on the property, specify the location of the tree, and furnish a brief statement of the reason for the request, along with such other information as the director of public works may require.
B. If the proposed work is to be done in connection with the remodeling or improving of a structure, or with new construction or development, for which city approval is required, the information required under subsection A of this section shall be provided to the city as part of the application process referred to in SMC 8.54.060.
C. The director of public works, or his designee, shall inspect the tree and the side, or the site, of the proposed planting and shall consider the following factors in deciding whether to issue or deny the permit:
1. The condition of the tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services or public improvements, age or remaining life span, 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.
2. The necessity of the requested action to construct improvements, or allow economic or other enjoyment of the property.
3. 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 waters.
4. The number, species, size and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air pollution reduction, historic value and scenic beauty and its effect upon the health, safety, aesthetics and general welfare of the city as a whole.
5. The protection of privacy for the property on which the tree is located or for adjacent property.
6. Proximity to public streets or thoroughfares. The director of public works or his designee shall determine any tree in question is part of a scenic vista or fronts on a public thoroughfare or park.
7. Good forestry practices such as, but not limited to, the number of healthy trees a given parcel of land will support. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.050 Emergency tree removal.
If personal injury or property damage is imminently threatened, the fire chief, the chief of police, or the director of public works may authorize the removal of a tree without compliance with the other provisions of this chapter. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.060 New construction, development, subdivisions and site plans.
A. Where city approval is required to remodel or improve a structure, or in connection with new construction or development, or a proposed subdivision, the application seeking approval or, where applicable, the tentative map, shall specify any tree to be removed or altered, and shall be accompanied by the information required in SMC 8.54.040(A). The zoning administrator, or his designee, shall prepare a report on trees and views based on the applicant’s plans and site inspection of the land. Such report shall be sent to the board of architectural review where applicable, or to the individual or body responsible for approving the proposed construction or subdivision.
B. All site plans submitted to the city for approval shall specify any tree to be removed or altered, and shall be accompanied by the information required in SMC 8.54.040(A). The zoning administrator or his designee shall prepare a report on trees and views based on these plans and site inspection of the land. Such report shall be sent to the board of architectural review, where applicable, or to the individual or body responsible for approving the applicant’s site plans.
C. The board of architectural review, or other reviewing body, shall endeavor to preserve all trees recommended for preservation. The following finding must be made if it is determined that any of the trees recommended for preservation should be removed due to special site, grading or any unusual characteristics associated with the property proposed for the development:
1. The preservation of the tree(s) would significantly preclude the feasible development of the property;
2. Final approval in connection with construction or development, or tentative approval of a map, or approval of final plans indicating any trees to be removed shall constitute a permit to remove or alter any trees so designated.
D. No tree may be removed or altered on any undeveloped parcel on Saturdays, Sundays or holidays, or any time except during regular working hours (eight a.m. to five p.m.) Monday through Friday. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.070 Replacement of trees.
In all cases where removal of a tree from a site has been authorized on an undeveloped parcel, the developer shall replace the tree with a minimum five-gallon specimen tree of a species and in a location approved by the board of architectural review, if applicable, or other individual or body responsible for the approval of applicant’s plans. This requirement may be modified or waived if it is determined that replacement on one-for-one basis constitutes an unreasonable hardship. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.080 Protection of trees during construction.
During the erection, repair, alteration, removal or moving of any building, house or structure, good and sufficient guards shall be placed to prevent injury, damage or defacement to any tree on public or private property in the vicinity of such operation. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.090 Planting of trees.
No tree shall be planted on private property which reasonably may or does presently constitute a public nuisance as such is defined in SMC 8.54.100(A). (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.100 Public nuisance.
A. The following are declared public nuisances:
1. Any tree or other plant or part thereof growing upon private property but overhanging the street or interfering with the use of any street which, in the opinion of the director of public works or their designees, endangers the life, health, safety or property of the public.
2. The continued existence of any tree or other plant on private property within the city that is infested or infected with insects, mites, fungus, bacteria, virus, or growths which constitute a threat to or may be injurious to trees or other plants in the surrounding area.
3. Any tree that obstructs the sight distance at an intersection or other location.
4. Any tree which does interfere with, impair or destroy any street improvement, sidewalk, curb, gutter, sewer, street trees or any public improvement.
5. Vines or climbing plants growing into or over any street tree or any public hydrant, pole or electrolier.
B. The director of public works shall notify in writing the owner of the property on which a public nuisance exists describing the nuisance and stating the work necessary to remove the same. If the owner of such property does not correct or remove such nuisance within ten days after receipt of such written notice, the director of public works shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.
C. Nothing contained herein shall be deemed to impose any duty or liability upon the city, its officers or employees for failure to abate a public nuisance, nor to relieve the owner of any private property of the duty to keep any tree or other plant upon his property or under his control in such condition as to prevent such tree or other plant from constituting a public nuisance. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.110 Abuse or mutilation of trees.
It shall be a violation of this chapter to abuse, destroy or mutilate any tree, shrub or plant in a public parking strip or any other public place, or to attach or place any rope or wire (other than one to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to such trees to come in contact with their roots or leaves. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.120 Right of inspection.
The director of public works, or their designee, may inspect any tree or other plat on private property in the city to determine whether the same or any portion thereof is in such a condition as to constitute a public nuisance and, in addition, for the purpose of abating or correcting any condition or thing declared to be a public nuisance under this chapter. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.130 Appeals.
Any decision made by an individual or body pursuant to the provisions of this chapter may be appealed to the city council. Such appeal must be submitted in writing to the city clerk within ten days of the decision being appealed, briefly stating the facts and the grounds of appeal, and signed by the appellant. Upon receipt of said appeal, the city clerk shall set the matter as a public hearing on the council agenda at the earliest convenience, but in all events not later than forty-five days from the date of filing said appeal and shall notify the appellant of such setting. (Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)
8.54.140 Penalties.
Any person who plants, removes or alters any tree within the city, or who plants, removes or alters any tree in violation of the terms of any permit granted under the provisions of this chapter, is guilty of a misdemeanor. (Ord. 1042 § 2, 2017; Ord. 871 § 1 (Exh. A), 1997; Ord. 706 § 2 (Exh. A), 1986)