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The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions)
A. Arborist. 1) A person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) other qualified professionals who the director determines has gained through experience the qualifications to identify, remove, or replace trees (i.e., licensed landscape architect, horticulturist, biologist).
B. Damaged Tree. Any action causing or contributing injury to the root system or. other parts of a tree, by fire, application of toxic substances, operation of machinery or equipment; improper watering; changing natural grade of land by excavation or filling the drip line area around the trunk; or by attaching signs or artificial material thereby piercing the bark of the tree.
C. Diseased Tree. Trees afflicted by, but not limited to, any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, and root fungus that shall be evaluated, treated and re-evaluated in an effort to restore or save the tree.
D. Diameter at Standard Height (DSH). DSH means the diameter of the main tree trunk measured at 4.5 feet above natural grade, except as specified below. The diameter shall be calculated by using the following formula: diameter = circumference/3.14.
1. For a tree that branches at or below 4.5 feet, DSH means the diameter of the main tree trunk at the narrowest point between the grade and the branching point.
2. For a tree with a common root system that branches at the ground, DSH means the sum of the diameter of the largest trunk and one-half the cumulative diameter of the remaining trunks at 4.5 feet above natural grade.
E. Drip Line. A line that may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the drip line will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.
F. Historically Significant Tree. A living tree designated by resolution of the council as an historic tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, condition, or aesthetic qualities.
G. Mature Native Oak Tree. A living Native Oak Tree with a DSH of 4.0 inches or more.
H. Mature Native Tree. A living Native Tree with a DSH of 4.0 inches or more.
I. Mature Tree. A living tree of any species, other than Native Oak Tree or Native Tree, with a DSH of 9.5 inches or more.
J. Native Oak Tree. A living tree of the genus Quercus including, but not limited to, the California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engleman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidfolia), and the Valley Oak (Quercus lobata).
K. Native Tree. A living tree that is native to California and/or the Murrieta climate zone including, but not limited to, the California Sycamore (Platanus racemosa), Western Cottonwood (Populus fremontii), California Bay Laurel (Umbellularia California), and California Black Walnut (Juglans California).
L. Tree Report. A report prepared by an Arborist to identify the potential impact of new development on Protected Trees, the current health and/or stability of Protected Trees, the recommended restorative or remedial measures intended to improve the health and safety of Protected Trees, and to provide supporting evidence for instances where Protected Trees cannot be preserved.
(Ord. 553-19 § 4, 2019; Ord. 182 § 2 (part), 1997)
A protected tree is any of the following:
A. Mature Native Oak Tree;
B. Mature Native Tree;
C. Mature Tree;
D. Historically Significant Tree; or,
E. Any tree required to be planted or preserved as environmental mitigation, or condition of approval for a discretionary permit.
(Ord. 553-19 § 5, 2019; Ord. 337 § 8, 2005; Ord. 182 § 2 (part), 1997)
Notwithstanding Section 16.42.040 (Exemptions), no person shall cut down, remove, relocate, or otherwise destroy a Protected Tree without first securing a Tree Removal Permit pursuant to Section 16.42.070. Any pruning or trimming of a Protected Tree as authorized under Section 16.42.040.1 shall be conducted in compliance with the guidelines published by the International Society of Arboriculture (ISA).
(Ord. 553-19 § 6, 2019; Ord. 182 § 2 (part), 1997)
A. Permit Required. No protected tree shall be removed, cut down, or otherwise destroyed, unless a tree removal permit has been approved by the director. Notwithstanding the above, a tree removal permit shall not be required in the event that the removal or relocation of a protected tree is proposed as part of a discretionary permit application. While a tree removal permit is not required, all other provisions of this chapter shall still apply to the discretionary permit.
B. A tree removal permit shall include the following minimum information:
1. A tree report consistent with Section 16.42.080.
2. A site map indicating existing and proposed elevations, property lines, streets, easements, driveways, buildings and structures, building and structure setbacks, parking areas, existing and proposed land uses, and locations of all protected trees with identification numbers consistent with the tree report.
3. A landscape or tree planting plan that is complete with all proposed tree locations and lists tree common name, botanical name, quantity, container size, and the equivalent DSH as outlined in Section 16.42.095.B.3.
4. A tree replacement plan with explanation of how proposed replacement trees comply with Section 16.42.095 Protected Tree Replacement Standards.
5. Proof of compliance with any applicable California Contractors State License Board licensing requirements such as C-61 (Limited Specialty); D-49 (Tree Service) license.
6. Authorization of the property owner.
7. Any other information the director determines to be necessary.
(Ord. 553-19 § 7, 2019; Ord. 182 § 2 (part), 1997)
A. A tree report shall be prepared by an arborist.
B. A Tree Report shall include the following information:
1. The precise vertical and horizontal location within plus or minus one foot of each protected tree on the subject parcel and the generalized locations of all protected trees within twenty (20) feet of the subject parcel. Each protected tree shall be assigned an identification number;
2. Tree type by common name and botanical name;
3. The DSH calculation of all protected trees;
4. The approximate canopy diameter of each tree;
5. A letter grade for the health of each tree, in accordance with the International Society of Arboriculture and Tree Appraisal Current Edition, or equivalent;
6. A letter grade for the aesthetic quality of each tree employing the grades defined in Section 16.42.080.B.5. above;
7. Disclosure of any significant disease, insect infestations, heart rot, fire, or mechanical or wind damage;
8. Recommended tree surgery^ chemical treatment, or other remedial measures intended to improve the health, safety or life expectancy of the tree; and
9. Identify those trees that are to be preserved and trees that are proposed for removal. If proposing removal, provide supporting evidence that the protected tree cannot be preserved pursuant to Section 16.42.090.
(Ord. 553-19 § 8, 2019; Ord. 182 § 2 (part), 1997)
A. The design of each project shall recognize the desirability of preserving protected trees to the greatest extent feasible. The design of the grading and other improvements shall reflect consideration of the following safe-guards:
1. Provision of sufficient growing areas as required by individual species;
2. No disruption or removal of structural or feeder roots;
3. Fencing of trees at or beyond their drip lines during grading and construction activities;
4. No filling, cutting, development, or compaction of soils within the drip line;
5. Preservation of oak leaf litter below the drip line; and
6. Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect.
B. It is recognized that the preservation of all healthy trees on a development site may sometimes conflict with reasonable land developmental considerations (e.g., adequate drainage, grading, circulation, safety, and provision of utilities.) However, the design of the proposed development shall address preservation of the most desirable and significant of the healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this goal.
C. The review authority shall consider each development proposal and determine the adequacy and appropriateness of the proposed plan to preserve and maintain protected trees. Grading and landscaping plans shall implement an approved tree preservation program. The locations of all protected trees shall be indicated on the plans by the number of the tree as described in the tree report. Notes shall identify which trees are to be preserved, and which may be removed. Plans shall be consistent with the required tree protection mitigation measures included in the project application, initial study, mitigated negative declaration environmental impact report and monitoring plan, and the conditions of the development approval. Plans shall be approved by the director and the city engineer. Prior to use inauguration, the preserved trees shall be trimmed for healthy balance, structural integrity and ornamental appearance as recommended in the tree report for the project.
D. The precise vertical and horizontal locations (plus or minus one foot) of all protected trees shall be shown on the site plan as part of the initial application unless the project does not involve exterior alterations or construction activities.
(Ord. 553-19 § 9, 2019; Ord. 182 § 2 (part), 1997)
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