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PRESERVATION, CUTTING AND REMOVAL OF TREES ON PUBLIC PROPERTY
It is the determination of the Council that proper and necessary steps should be taken in order to protect and preserve, to the greatest extent possible, mature trees on public property and native oak, sycamore and heritage and historic trees, especially where these trees are associated with proposals for urban development, as trees are a significant, historical, aesthetic and valuable ecological resource. It is the intent of this subchapter to maintain and enhance the general health, safety and welfare of the citizens of the city by assisting in counteracting air pollution, by minimizing soil erosion and other related environmental damage and by enhancing the aesthetic environment of the city. It is also the intent of this subchapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas of the city in which oak, sycamore, heritage and historic and other mature trees live.
('81 Code, §17.56.010) (Ord. 954, passed - -92)
The provisions of this subchapter shall apply to all mature trees on public property and all living native oak, sycamore, heritage and historic trees, including but not limited to, where those trees are associated with proposals for urban development, on all public or private property within the limits of the city, except as specified in § 156.585.
('81 Code, § 17.56.020) (Ord. 954, passed - -92)
No mature tree on public property or any native oak tree, sycamore, heritage or historic tree on public or private property or associated with urban develop- ment or zoned for further development shall be removed, cut down, or otherwise destroyed, except as provided for in this subchapter.
('81 Code, § 17.56.030) (Ord. 954, passed - -92) Penalty, see § 156.999
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSOCIATED WITH A PROPOSAL FOR URBAN DEVELOPMENT. Shall apply to any land area for which an application for an entitlement, other than for a zone clearance, has been filed with and is pending consideration by the city or land zoned for further development. If such entitlement has been approved but the related project or applicable phase thereof has not been completed, the city shall attempt to work with the applicant to save as many trees which are protected by this subchapter as possible.
DIAMETER. That area equal to the full breadth of the tree measured on the tree's trunk at four and one half feet from its basal root crown. Limb diameter is measured at the trunk.
DIRECTOR. In a matter involving private property, means the Planning Director. DIRECTOR, in a matter involving public property or property to be dedicated for public use, means the Director of Public Works.
DRIPLINE. The outermost edge of the tree's canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.
HERITAGE OR HISTORIC TREE. A living tree designated by resolution of the City Council following a public hearing as a heritage or 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, rareness, condition, aesthetic or unusual qualities that add to the heritage of the community.
LOT. An area of land created or established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a final map or parcel map.
MATURE TREE. Any other (non-oak or sycamore) single-trunked tree species equal to or greater than 12 inches in diameter as measured four and one-half feet above the root crown, or, in the case of a tree with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than 14½ inches as measured four and one-half feet above the root crown. MATURE TREE shall apply to trees on public property or associated with a proposal for urban development or on land zoned for further development, but shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal transplanting of a tree pursuant to the operation of a licensed nursery business.
NATIVE OAK TREE. A living tree of the genus Quercus and species lobata, agrifolia, dumosa or hybrids thereof.
OAK TREE (OR HYBRIDS THEREOF). Any single-trunked living tree of the Quercus genus and species lobata, agrifolia, dumosa, equal to or greater than five and one-half inches in diameter as measured four and one-half feet above the root crown, or, in the case of an oak with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than seven and one-half inches as measured four and one-half feet above the root crown. OAK TREE shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.
PRUNING AND/OR TRIMMING. The cutting of any limb or branch.
ROOT CROWN. That portion of a tree trunk from which roots extend laterally into the ground.
SYCAMORE TREE. Any tree of the Platanus genus equal to or greater than 25 inches in circum- ference as measured four and one-half feet above the root crown, or, in the case of a sycamore with more than one trunk, any such tree with a circumference of any two trunks of at least 32 inches as measured four and one-half feet above the root crown. SYCAMORE TREE shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.
('81 Code, § 17.56.040) (Ord. 954, passed - -92)
The appropriate reviewing department(s) shall give priority to inspection of those requests based upon hazardous conditions, and may refer any request to the appropriate committee/commission for determination.
(A) Permit required. No native oak and sycamore tree, heritage or historic tree, where that tree is on public or private property, or any other mature tree on public property except as provided for in division (B) of this section, or is associated with a proposal for urban development, shall be removed, cut down or otherwise destroyed, unless a tree removal permit has been issued by the city. The Planning Director shall establish the format and information required for a tree removal permit consistent with this subchapter. In no event shall a permit be denied if to do so would eliminate all reasonable economic use of the property.
(B) Single parcel review requirement. Permits for removal of native oak and sycamore trees, heritage or historic trees, and other mature trees on any single parcel shall be required from the appropriate committee/commission or director or designee.
(C) Site inspection. Prior to the issuance of such permit, the appropriate director, or designee, shall inspect the premises involved and shall designate the tree(s) to be removed or moved. Failure to provide access to the premises shall be grounds for denial of the permit.
(D) Project approval required. No tree removal permit shall be issued for the removal of any tree on any lot associated with a proposal for urban development unless the project has been approved by the city or unless the Director of Planning, or his or her designee, determines that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure or interference with utility services.
(E) Removal not associated with a proposal for urban development. Where tree(s) are proposed for removal that are not associated with a proposal for urban development, the Director, or designee, may condition a tree removal permit upon the replacement of certain tree(s). Any applicant for a tree removal permit shall not be required to expend more on the replacement tree(s) than the appraised value of the tree(s) for which a permit is required. An appraisal shall be done in accordance with the adopted procedures for implementation of the tree ordinance.
(F) Removal associated with a proposal for urban development. Where tree(s) are proposed for removal that are associated with a proposal for urban development, the Director, or his or her designee, shall cause an appraisal of the value of said tree(s) to be prepared in accordance with the adopted procedures. The resulting value shall be applied to upgrading the size of tree plantings associated with the project. Trees for which no tree report has been required pursuant to the guidelines for reports on native oak, sycamore, heritage, historic and mature trees associated with proposals for urban development (a) and (b) of the procedures for implementation shall not be subject to appraisal or replacement by value.
(G) Tree replacement waiver. In no case shall an applicant for a tree removal permit be required to replace or otherwise pay for the value of any tree which:
(1) The city has directed the applicant to remove so that a public street may be constructed along an alignment determined or approved by the City Engineer or adequate line-of-sight distance may be achieved in order to assure public safety; or
(2) Removal was necessitated due to the poor health of the tree.
('81 Code, § 17.56.050) (Ord. 954, passed - -92) Penalty, see § 156.999
The following are exempt from the provisions of this subchapter:
(A) Emergency situation. Cases of emergency where the Planning Director or designee or any member of a law enforcement agency or the Fire Department, in the performance of his or her duties, determines that a tree poses an imminent threat to the public safety or general welfare. If conditions and circumstances permit, the public official shall consult with the Public Works Director, or designee, prior to ordering the removal of any mature tree.
(B) City Engineer. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the City Traffic Engineer.
(C) Public improvement damage. Removal of trees from within public right-of-way, which in the opinion of the Director of Public Works, or his or her designee, will cause serious damage to existing public improvements.
(D) Public utility. A public utility, regulated by the California Public Utilities Commission, is exempt from the requirements of this subchapter.
(E) Trees for sale. Trees planted, grown or held for sale by a private individual or nursery.
(F) Pruning and trimming. Pruning or trimming which does not endanger the life of the tree.
('81 Code, § 17.56.060) (Ord. 954, passed - -92)
No person shall injure, deface or scar any native oak, sycamore, heritage or historic tree, or other mature trees.
('81 Code, § 17.56.070) (Ord. 954, passed - -92) Penalty, see § 156.999
The City Council may, from time to time, by resolution, issue procedures to provide for the administration and implementation of this subchapter, including the establishment of fees to provide for processing of applications. The city shall have the right to review, approve conditionally, or deny any application submitted to it under the procedures contained herein or established by resolution of the City Council.
('81 Code, § 17.56.080) (Ord. 954, passed - -92)
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