Chapter 11.24
TREES AND SHRUBS
Sections:
11.24.020 Approval prior to planting.
11.24.030 Conditions for issuance of permit for removal.
11.24.040 Removal of guards and devices protecting trees.
11.24.050 Attachment of electrical devices to trees – Trimming for passage of wires.
11.24.060 Permit to trim – Trimming practices.
11.24.070 Space to be kept clear around base of trees.
11.24.080 Safeguarding of trees during building construction or repair.
11.24.100 Interference with city employees.
11.24.110 Repealed.
11.24.120 Uniform street planting plan.
11.24.010 Permit – Required.
No person shall trim, break, deface, destroy, burn, remove or plant any tree, palm, hedge or shrub on public property or in the public right-of-way unless the city manager has issued a written permit therefor. This section shall not apply to:
A. The city or any contractor of the city for maintenance or planting of trees, palms, hedges or shrubs on public property or in the public right-of-way, or removal of trees from a street right-of-way;
B. An owner or lessee of property for the minor routine maintenance trimming of trees, palms, hedges and shrubs growing in the public right-of-way immediately adjacent to the front or street side yard of the property of the owner or lessee. (Ord. 75 § 3, 1988; 1987 Code § 8.12.010)
11.24.020 Approval prior to planting.
No tree, palm, shrub or plant shall be planted in any of the streets or other public highways or property of the city until the city manager, or his designee, shall have first approved the kind and variety, designated the location therefor and granted the permit for planting the same. The city manager, or his designee, shall not permit the planting of any kind or variety of tree, palm, shrub or plant in any of the streets or other public highways which would ultimately obstruct the view of a view lot. (Ord. 75 § 3, 1988; 1987 Code § 8.12.020)
11.24.030 Conditions for issuance of permit for removal.
A. The decision to issue or deny a removal permit and any terms and conditions of the permit shall be based on the following criteria:
1. The condition of the tree or shrub 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 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 water;
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 upon the health, safety, aesthetics and general welfare of the city as a whole;
5. Good forestry practices such as, but not limited to, the number of healthy trees as a given parcel of land will support; and
6. The removal is consistent with the city general plan and any applicable scenic area regulations or laws.
B. The cost of removal of any tree, palm, shrub or plant at the request of and for the benefit or convenience of a property owner shall be paid for by such property owner.
C. Where an existing tree, palm or shrub prevents access to a building site, such tree or plant may be removed at the applicant’s expense upon issuance of proper removal permit; provided, however, that a valid building permit has been issued for the construction of the improvement necessitating the removal of the tree or plant. In the event that trees or plants are so removed in conformance with this section, and the improvement for which the building permit was issued is not constructed within six months of the date of issuance, the holder of the removal permit shall be liable for the replacement cost of trees or plants of equal size and variety to those removed. (Ord. 75 § 3, 1988; 1987 Code § 8.12.030)
11.24.040 Removal of guards and devices protecting trees.
No person shall remove, injure or misuse any guard or device placed to protect any tree, palm, shrub or plant now or hereafter growing in any street or other public highway or property of the city. (Ord. 75 § 3, 1988; 1987 Code § 8.12.040)
11.24.050 Attachment of electrical devices to trees – Trimming for passage of wires.
No person shall attach any electric wire, insulator or any other device for holding electric, telephone, television or conductor wires to any tree, palm, shrub or plant now or hereafter growing in any street or other public highway or property of the city. No person shall, without written permission from the city manager or his appointee, trim, cut or break any part of such tree, palm, shrub or plant, in order to make passage for such wires or conductors. Every person having any wire charged with electricity or carrying electronic or other signal impulses shall securely fasten the same so that such wire or conductor shall not come in contact with any tree, palm, shrub or plant in any street or public highway or property of the city. (Ord. 75 § 3, 1988; 1987 Code § 8.12.050)
11.24.060 Permit to trim – Trimming practices.
When any tree, palm, shrub or plant now or hereafter growing in any street or other public highway or property of the city interferes with electrical, telephone or television wires or conductors, poles, standards, buildings or signs, written permission from the city manager or his appointee shall be obtained before any pruning or trimming may be done. All such work shall be done in a manner consistent with good tree surgery practices, taking into consideration the shaping of the trees or plants and safety to persons and property. (Ord. 75 § 3, 1988; 1987 Code § 8.12.060)
11.24.070 Space to be kept clear around base of trees.
No person, without the written permit of the city manager or his appointee, shall place or maintain upon the ground in any street or other public highway or property of the city, stone, cement or other material leaving an open space not less than nine square feet around the trunk of any tree of less than six inches in diameter, and for every three inches of increase in such diameter, there must be an increase of at least one square foot of open ground in such shape as to afford the most root area practical. Whenever there is no such open space about any existing tree in any street or other public highway of the city, the city engineer may make such open space or cause the same to be made. (Ord. 75 § 3, 1988; 1987 Code § 8.12.070)
11.24.080 Safeguarding of trees during building construction or repair.
In the erection, alteration, moving or repair of any building, structure or other object, the owner thereof, or his agent, shall place or cause to be placed such guards around all nearby trees in the street or other public highways of the city as shall effectually prevent injury to them. (Ord. 75 § 3, 1988; 1987 Code § 8.12.080)
11.24.090 Overhanging trees.
The owner or his agent, of every lot or parcel of land in the city upon which any trees, palms, shrubs or plants are now or may be hereafter standing, shall trim, or cause to be trimmed, the branches thereof so that the same shall not obstruct the adequate passage of light from any street light located in any street or other public highway adjacent to the street or sidewalk and such owner or his agent shall trim all branches of any trees, palms, shrubs or plants which overhang any street or other public highway, so that there shall be a clear height of eight feet above the surface of the street or other public highway unobstructed by branches; and such owner or his agent shall remove from such trees, palms, shrubs or plants all dead, decayed or broken limbs, or branches that overhang such street or other public highway, and when any such trees, palms, shrubs or plants are dead, such owner or his agent shall remove the same so that they shall not fall in the street or other public highway. (Ord. 75 § 3, 1988; 1987 Code § 8.12.090)
11.24.100 Interference with city employees.
No person shall prevent, delay or interfere with any employee of the park and recreation department, department of public works, or contractors employed by the city in the planting, pruning, cultivating, dusting, spraying or removal of any tree, palm, shrub or plant which is now or may hereafter be, growing in any street or other public highway, or city property, in the city, or in the removal of stone, cement or other material from about the trunk of any tree, palm, shrub or plant which is growing in any street or other public highway, or city property, of the city. (Ord. 75 § 3, 1988; 1987 Code § 8.12.100)
11.24.110 Notification of trees damaging public sidewalks.
Repealed by Ord. 413. (Ord. 75 § 3, 1988; 1987 Code § 8.12.110)
11.24.120 Uniform street planting plan.
The community development director or his designee may, from time to time, prepare plans or lists, which shall designate a uniform method of street planting, accepted tree types and landscaping themes for the various neighborhoods or streets of the city. (Ord. 75 § 3, 1988; 1987 Code § 8.12.120)