This section applies only to trees in the R-1 and C-1 zones; excepting trees in the public parkways adjacent to the R-1 and C-1 zones, which are subject to Chapter 18 of this Code.

(Ord. O-20-1369, 2-10-2021)

   DEAD TREE: A tree that is no longer alive or that has been damaged so extensively that it cannot recover or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches, exists to sustain life) and has been determined to be in such condition by a certified arborist.

HERITAGE TREE: A tree that is at least fifteen feet (15') in height, and/or whose trunk diameter is at least four inches (4") at its widest point, when measured at a point four and one-half feet (4.5') above natural grade, and is one of the following: Platanus racemosa (Western Sycamore), Juglans californica (California Black Walnut), Sambucus nigra (Elder), Sambucus Mexicana (Mexican Elderberry), Aesculus californica (California Buckeye), Salix lasiolepis (Arroyo Willow), Populus fremontii (Fremont Cottonwood), Alnus rhombifolia (White Alder), Umbellularia californica (California Bay Laurel), Populus trichocarpa (Black Cottonwood), Ginkgo biloba (Maidenhair), Cedrus deodora (Deodar Cedar), Pinus canariensis (Canary Island Pine), Pinus halepensis (Aleppo Pine), Pinus pinea (Stone Pine), Pinus thunbergiana (Black Pine), Sequoia sempervirens (Coast Redwood), Taxodium mucronatum (Montezuma Cypress), Calocedrus decurrens (California Cedar), Cupressus sempervirens (Mediterranean Cypress), Podocarpus gracilior (African Fern Pine), Magnolia grandiflora (Southern Magnolia), Magnolia xsoulangeana (Chinese Magnolia),Cinnamomum camphora (Camphor), Persea Americana (Avocado), Liquidambar styraciflua (Sweetgum), Ulmus parvifolia (Chinese Elm), Ficus microcarpa (Chinese banyan), Quercus agrifolia (Coast Live Oak), Quercus engelmannii (Engelmann or Pasadena Oak), Quercus ilex (Holly Oak), Quercus lobata (Valley Oak), Quercus suber (Cork Oak), Brachychiton discolor (Lacebark), Brachychiton populneus (Kurrajong), Chorisia speciose (Silk Floss Tree), Arbutus unedo (Strawberry Tree), Prunus caroliniana (Carolina Cherry-Laurel), Pyrus kawakamii (Evergreen Pear), Cassia spp (Golden Shower Tree), Ceratonia silique (Carob), Lagerstroemia indica (Crepe Myrtle), Callistemon spp (Bottlebrush), Eucalyptus citriodora (Lemon-Scented Gum), Melaleauca quinquenervia (Paper Bark Tea Tree), Grevillea robusta (Southern Silky Oak), Cupaniopsis anacardioides (Carrotwood), Koelreuteria spp (Chinese Flame Tree), Schinus molle (California Pepper Tree), Citrus sinensis (Sweet Orange), Fraxinus uhdei (Shamel Ash), Olea europaea (Olive Tree), Jacaranda mimosifloria (Blue Jacaranda), Tabebuia spp (Tabebuia), Brahea edulis (Guadalupe Palm), Butia capitate (Jelly Palm), Phoenix canariensis (Canary Island Date Palm), Syagrus romanzoffianam (Queen Palm), Washingtonia filifera (California Palm), Washington robusta (Mexican Fan Palm), Cedrus atlantica (Atlas Cedar),and Cedrus atlantica (Blue Atlas).

   OAK TREE: A tree that is at least fifteen feet (15') in height, and/or whose trunk diameter is at least four inches (4") at its widest point, when measured at a point four and one-half feet (4.5') above natural grade, and is of the genus Quercus, including, but not limited to, Quercus agrifolia (coast live oak), Quercus dumosa (coastal scrub oak), Quercus engelmannii (engelmann oak), Quercus berberidifolia (scrub oak), Quercus lobata (valley oak), and Quercus virginiana (southern live oak).

   TREE HEIGHT: Tree height shall be measured from the natural grade to the upper most foliage of the canopy.

   TREE PROTECTION PLAN: A plan prepared by a certified arborist that outlines measures to protect and preserve trees in connection with a construction project. This plan shall include requirements for preconstruction treatments during demolitions and/or construction; establishment of a tree protection zone for each tree that is to be retained; establishment of a tree monitoring and inspection schedule, and provide for continued maintenance of trees after construction.

(Ord. O-20-1369, 2-10-2021)

   A.   Prohibition On Tree Removal Without A Permit: Except as authorized by a tree removal permit from the City, it shall be unlawful for any person to remove any established tree, heritage tree, or oak tree, whether alive, dead, diseased or dying, located on any lot in the R-1 or C-1 zones.

   B.   Prohibition On Damage, Severe Pruning Or Topping: It shall be unlawful for any person to severely prune, top or damage an established tree, heritage tree, or oak tree on any lot in the R-1 or C-1 zones.

(Ord. O-20-1369, 2-10-2021)

   A.   Findings For Approving A Tree Trimming Application:

      1.   A tree trimming permit may be issued in either of the following instances:

         a.   Where a written determination has been made by a certified arborist or a state-licensed tree trimmer that the excess foliage or limbs of the tree pose a reasonable risk of injury or harm to persons or property or are substantially interfering with the structural integrity or the use of an existing structure (including, but not limited to, a fence or wall) and there is no feasible and reasonable alternative to mitigate the interference; or

         b.   Where a written determination has been made by a certified arborist or a state-licensed tree trimmer, after a visual inspection or scientific evaluation, that the limbs proposed to be trimmed are diseased or damaged or are detrimental to the structural integrity of the tree. The Community Development Director or the Planning Commission may waive the requirement for a certified arborist's written statement when the proposed limbs to be trimmed can reasonably be determined to be dead by a layperson's visual inspection, or when, after conducting an inspection of the tree, the Director of Community Development or the Director's designee determines that the tree poses an obvious and imminent threat to life or property.

   B.   Requirements For A Tree Trimming Permit:

      1.   A tree trimming permit shall be required if:

         a.   More than ten percent (10%) of the live foliage or limbs of a mature oak tree will be removed within a twelve (12) month period; or

         b.   More than twenty percent (20%) of the live foliage or limbs of any heritage tree or established tree will be removed within a twelve (12) month period.

      2.   Any person applying for a tree trimming permit shall file with the Director of Community Development an application in writing on a form furnished by the Director. The application shall contain the following information:

         a.   The name and residence or business address of the applicant;

         b.   The location of the tree(s) and description of the species of the tree(s);

         c.   A description of the proposed work including the reason for tree trimming. Photographs may be provided as exhibits, if desired;

         d.   The name and state contractor's license number of the person who will perform the work. Permits shall only be issued to persons possessing a C-27 or C-61 (D-49) state contracting license;

         e.   The tree trimming will be performed in accordance with ISA standards; and

         f.   Additional information as the Director of Community Development may require.

      3.   No permit is required to trim an established tree or heritage tree damaged by a storm, fire or other natural disaster or determined to be an imminent hazard by the City Manager, any police officer, any firefighter, the Parks Manager, the Director of Community Development, or his/her designee or the Urban Forester. No person shall trim a damaged tree until such finding is made or unless such trimming is otherwise exempt from the requirement to obtain a tree trimming permit.

      4.   Any public agency or utility company having jurisdiction shall be exempt from the requirement to obtain a permit as long as they notify the City, the property owner and occupant in writing, seventy two (72) hours prior to any trimming of any established tree.

      5.   A property owner is not required to obtain a permit for removing any foliage or branches from an oak tree, heritage tree or established tree where less than ten percent (10%) of any foliage or limbs are to be trimmed or removed within a twelve month period.

(Ord. O-20-1369, 2-10-2021)

   A.   Application: All persons desiring to remove an established tree, heritage tree, or oak tree in the R-1 or C-1 zones shall first submit a tree removal permit application to the Community Development Director. Any person who removes a tree, or causes a tree to be removed, in violation of this requirement shall be subject to the penalties provided in Section 23.19.08 (Violation, Enforcement, and Restoration) below.

   B.   Application Contents:

      1.   A complete application form, signed by the property owner or a licensed State contractor possessing a C61 and D49 or C27 classified license, under penalty of perjury.

      2.   A tree plan containing the following information: a description of the work proposed to be performed; the number, type, and trunk diameter at the widest point at a point four and one-half feet (4.5') above natural grade of the established tree, heritage tree, or oak tree to be removed; the location of all trees on the property, with all established trees, heritage trees, and oak trees identified; the reason(s) for tree removal, with any tree to be removed for poor health or condition documented in an ISA Level 1 Tree Risk Assessment report prepared and signed by a Certified Arborist. The Director of Community Development may require review of the tree plan by a second certified arborist contracted for and managed by the City. If such review is required, all fees incurred shall be the responsibility of the applicant.

      3.   Any other information the Director of Community Development, or his/her designee, determines to be necessary.

   C.   Application Fee: An application for a tree removal permit shall be accompanied by a processing fee, in an amount established by resolution of the City Council. No fee shall be required for the following:

      1.   An application to remove an established tree, heritage tree, or oak tree that has been damaged by a storm, fire or other natural disaster, and which is determined to be dangerous by the Director of Community Development or his/her designee.

      2.   An application to remove an established tree, heritage tree, or oak tree found to be dead, as determined by a certified arborist and confirmed by the Community Development Director or his/her designee.

      3.   An application by a public or private school.

   D.   Findings For Approval Of A Tree Removal Application:

      1.   Established Tree: The Community Development Director may issue a tree removal permit if he or she determines that one of the following conditions is met:

         a.   The established tree adversely impacts the growth of adjacent trees, or constitutes a nuisance or hazard to persons or property because of its condition, location, species, proximity to existing structures, closeness to walkways, or interference with utilities; or

         b.   The removal of the established tree is part of a re-landscaping plan that will provide a tree canopy replacement that is sustainable over the long term.

      2.   Heritage Tree Or Oak Tree: The Community Development Director may issue a tree removal permit if he/she determines that the heritage tree or oak tree constitutes a hazard to persons or property because of its condition, location, species, proximity to existing structures, closeness to walkways, or interference with utilities.

   E.   Requirements For Tree Removal Permit:

      1.   If a tree removal permit is granted, the permittee shall replace the tree(s) at his/her expense pursuant to the tree replacement matrix (see below). The tree replacement matrix shall not be applicable for the required tree protection plan or the unlawful removal of trees.

 

 

      2.   Heritage trees shall be replaced with equivalent heritage trees, as defined in this Article, that are appropriate or compatible with the landscaping of the property and the neighborhood (as defined in the Municipal Code). All replacement trees must be planted in accordance with all ISA best practices.

      3.   Oak trees shall be replaced with equivalent oak trees, as defined in this Article, that are appropriate or compatible with the landscaping of the property and the neighborhood (as defined in the Municipal Code). All replacement trees must be planted in accordance with all ISA best practices.

      4.   If required by the Community Development Director or his/her designee, the permittee shall agree to accept the conditions of tree replacement prior to issuance of the tree removal permit.

      5.   If transplanting a tree, the new location of the tree shall be approved by the Community Development Director or his/her designee. A certified arborist shall oversee the transplanting of the tree, and a three (3) year guarantee shall be provided. In the event the transplanted tree dies within three (3) years, a comparable tree shall be required to be planted by the permittee as set forth in the tree replacement matrix and approved by the Community Development Director or his/her designee.

      6.   The Community Development Director, Urban Forester, Planning Commission, or the City Council may reduce the requirement for tree replacement upon determining that there is not enough space on the lot to plant the replacement trees, based on the following site characteristics: size of the lot and capacity for replanting; reasons for removal; number of trees being removed as part of any one (1) request; number of permitted tree removals in the past five (5) years; presence of other trees and vegetation on the same lot; and proposed size and type of replacement trees.

   F.   Notification:

      1.   Immediately following approval of a tree removal permit, and at least fifteen (15) days before the tree is scheduled for removal, the permittee shall provide written notice by personal delivery of the tree's location and removal reason(s), to the owners and occupants of all properties within a one hundred foot (100') radius of the site on which the subject tree is located.

      2.   Immediately following approval of a tree removal permit, the permittee shall also post on the subject tree an eight and one-half inch by eleven inch (8.5" x 11") size notice, in a form and manner approved by the Community Development Director, for not fewer than fifteen (15) consecutive days. If the subject tree is not readily visible from the public right-of-way, notice shall instead be posted on the parcel on which the tree is located, in a location that is visible from, and within ten feet (10') of, the public right-of-way.

      3.   The permittee shall submit proof of the required noticing to the Community Development Director. No work is to begin until City staff has verified that notice was provided and posted as required by Section 23.19.05.F.

      4.   The posted notice shall be removed upon completion of the tree removal work, or fifteen (15) days after the end of the ten (10) day posting period, whichever comes first.

   G.   Stump Removal Required: Where a tree is removed pursuant to this section and the stump is visible from public view, the permittee shall dig out the stump or remove it with a stump grinder. The Community Development Director may permit the stump to be retained if he/she finds that access to the stump cannot be reasonably obtained or the stump is located on a steep slope.

   H.   Permit Expiration And Inspection: All work for which a tree removal permit is issued shall be completed within ninety (90) days from the date the permit is issued, unless the City grants one written extension for a period not to exceed thirty (30) days. The permittee shall, within seven (7) business days of the completion of the work, contact the Community Development Director and schedule a compliance inspection.

   I.   Emergency Tree Removals: Notwithstanding any other provision in this Article, an emergency tree removal permit may be approved when necessary to correct a hazardous or unsafe condition that poses a threat to public health and poses a safety hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots or trunk. An emergency tree removal permit shall only be issued at the discretion of the Community Development Director or his or her designee upon a finding that such work as is necessary to correct the hazardous or unsafe condition, and upon and subject to such terms, conditions and limitations as are necessary to correct the hazardous or unsafe condition. Such permits shall only be issued in accordance with the following:

      1.   The owner of the tree shall submit an application on a form prescribed by the Community Development Director, along with a tree hazard report prepared by a certified arborist, which documents the existence of the hazard or unsafe condition.

      2.   If, due to imminent danger, it is not possible to obtain a report from a certified arborist that documents the existence of the hazardous or the unsafe condition of the tree, the Community Development Director or his or her designee may inspect the tree and issue the removal permit.

(Ord. O-20-1369, 2-10-2021)

An applicant or other interested party may appeal a decision of the Community Development Director to the Planning Commission and a decision of the Planning Commission to the City Council. An appeal shall be processed as follows:

   A.   Filing An Appeal: The appellant shall file a written notice of appeal with the City Clerk no later than fifteen (15) days after the date of the decision. The notice of appeal shall be accompanied by a fee in the amount established by resolution of the Council, as well as documentation supporting the basis for the appeal, including if applicable, the tree removal permit application, tree replacement plan, a report by a registered consulting arborist and any certified arborist report(s).

   B.   Scheduling: The City Clerk shall set the time, date, and location for a hearing on the appeal. The hearing shall not be set sooner than fifteen (15) calendar days from the date the appeal was received. Notice of the time and place of the hearing will be sent to the appellant and the owner of the property where the tree is located (property owner), if not the appellant. Failure to receive the notice of hearing shall not invalidate the proceedings under this section. At the hearing, the appellant and the property owner, if not the appellant, shall have the right to be heard and to present testimony and other evidence in support of the appeal.

   C.   Determination: Upon consideration of reports, evidence, and testimony presented, the Planning Commission or City Council, as applicable, shall:

      1.   Affirm, modify, or reverse the action of the Community Development Director or Planning Commission, as applicable; or

      2.   Refer the matter back to the Community Development Director or Planning Commission, as applicable, for further review and consideration.

   D.   Decision Is Final: The decision of the City Council shall be final and conclusive in all respects.

(Ord. O-20-1369, 2-10-2021)

   A.   Construction Projects: All construction projects must adhere to all provisions of this section, as well as the tree protection standards set forth in Section 25.01.06(L) of the City Code.

   B.   Should a designated replacement or transplanted tree not survive for a period of three years, the applicant shall be required to replace it with another tree or pay to the city the full cost of replacing the tree at another location to be determined by the Director of Community Development or the Director's designee.

   C.   Projects Requiring Other Approvals: When considering an application for a permit under Chapter 23 (other than a tree removal permit) that preserves established trees, heritage trees, or oak trees, a decision may be made by the Design Review Committee or Planning Commission to modify the proposal or accept alternative solutions to assist in the preservation of such trees. Such modifications may include, but are not limited to, the reduction or rerouting of the driveway location or other hardscape, and the height of a building or other structure(s). The reviewing authority may approve the modification after first finding that:

      1.   The applicant investigated alternative site designs and building footprints using existing development standards;

      2.   The project includes a well-integrated and thoughtful structural design solution that enhances the property and its surroundings;

      3.   The project is not injurious to adjacent properties or uses, or detrimental to environmental quality, quality of life, or the health, safety, and welfare of the public; and

      4.   The project is consistent with the objectives and policies of the general plan.

(Ord. O-20-1369, 2-10-2021)

   A.   Violations Of This Article:

      1.   Any person who violates or permits the violation of any provision of this Article, a condition of a tree removal or tree trimming permit, or a tree restoration plan imposed by Section 23.19.08C., shall be subject to any of the enforcement remedies set forth in Article 4 (Violations) and Article 6 (Administrative Procedures And Penalties For Code Violations) of Chapter 1 of this Code.

      2.   Any contractor or business who violates or permits the violation of any provision of this Article, a condition of a tree removal or tree trimming permit, or a tree restoration plan imposed by Section 23.19.08C., shall be subject to any of the enforcement remedies set forth in Article 2, Section 14 of Chapter 11 (Revocation or suspension of a license or permit), in addition to those provided herein.

      3.   Any gardener or tree trimming contractor who does not have a city business license, shall be subject to the penalties set forth in Article 4 (Violations) and Article 6 (Administrative Procedures And Penalties For Code Violations) of Chapter 1 of this Code.

   B.   Penalties: Any person who damages or removes a tree in violation of this section is guilty of a misdemeanor, except, at the discretion of the city prosecutor, the violation may be reduced to an infraction. Persons violating any of the provisions of this Article also shall be subject to the following:

      1.   The standard inspection fee;

      2.   Double the required tree removal or trimming permit fee, as applicable; and

      3.   The payment of a tree replacement fine in an amount up to, but not to exceed, double the value of the destroyed, removed or damaged tree. The city arborist shall determine the value of the destroyed, removed or damaged tree by using the most recent edition of the ISA Guide for Plant Appraisal.

      4.   All penalties and additional costs related to a tree violation must be paid to the city prior to its issuance of building or construction-related permits unless, in the opinion of the Community Development Director, such permits are necessary for the preservation of public health, safety or welfare.

   C.   Tree Restoration Plan: In addition to any penalties imposed pursuant to this Article, any property owner who damages or removes an Established Tree, heritage tree, or oak tree, or who permits the damage, severe pruning, topping or removal of any established tree, heritage tree, oak tree, on his/ her property in violation of the terms of this Article, shall restore the environment by planting one or more trees in such quantity that the Community Development Director or his/her designee requires as part of a tree restoration plan. The requirements for and the regulations regarding a tree restoration plan are as follows:

      1.   A tree restoration plan shall be based on planting sufficient trees as are necessary to provide an amount of tree canopy reasonably equal to the amount of the tree canopy that was unlawfully removed as determined by the Community Development Director or his/her designee.

      2.   In the case of unlawful removal of a tree, the tree restoration plan shall require the planting of not less than one (1) thirty six inch (36") box size tree, and the total of the diameter of the trees to be planted shall be equal to the diameter of the tree that was unlawfully removed.

      3.   In the event that the diameter of the tree that was unlawfully removed cannot be determined, the tree restoration plan shall be based on the likely diameter of the unlawfully removed tree determined by the City's Urban Forester, or a City-appointed certified arborist, using the best evidence available.

      4.   The tree restoration plan shall require the tree(s) to be planted in those location(s) that will best restore the visual environment to the environment that existed before the unlawful and irreversible tree damage or removal occurred, as determined by the City's Urban Forester, or a City-appointed certified arborist, using the best evidence available.

      5.   If the Community Development Director or his/her designee determines that the property cannot accommodate the number of trees required to be planted by this subsection, the tree restoration plan shall require the trees to be planted on publicly owned property at locations determined by the Community Development Director or his/her designee.

      6.   The property owner may select the species of tree(s) to be planted from a list of tree species designated by the Community Development Director, provided that the City's Urban Forester or a City-appointed certified arborist determines the tree(s)' size and height is equal to the tree that was unlawfully and irreversibly damaged, except in the case of oak trees which must be replaced with oak trees.

      7.   The Community Development Director shall reconsider a tree restoration plan established in connection with a tree that was unlawfully removed, or irreversibly damaged if the replacement tree(s) dies within three (3) years from the date of the tree removal or damage, and may impose additional replacement requirements.

      8.   The City's determination of such violation and establishment of a tree restoration plan under this Section 23.19.08 may be appealed as set forth in Section 23.19.06 (Appeals) of this Article.

      9.   Failure to comply with an approved tree restoration plan shall constitute a separate violation of this Article.

      10.   Payment of any penalty and planting of replacement trees shall occur within sixty (60) calendar days of the date the violator was directed to take such action by the Community Development Director. If the property owner does not complete planting of replacement trees within the allotted time, the Community Development Director, at the expense of the property owner, may procure and plant the requisite replacement trees, and the property owner shall be responsible for reimbursing the city for such additional costs. Reimbursement is due and payable within thirty (30) calendar days of the city's issuance of a billing statement. If payment of the penalty is not received by the city in sixty (60) calendar days, the city manager can instruct that the outstanding obligation be collected in any of the following manners:

         a.   A civil action in the name of the city, in any court of competent jurisdiction; or

         b.   Use of a debt collection agency; or

         c.   A lien on the subject property, following notice and a public hearing.

(Ord. O-20-1369, 2-10-2021)