TITLE 8
HEALTH AND SAFETY

CHAPTERS

8.08 Trees and Shrubs--Planting and Maintenance

8.08.010 Purpose.

The purpose of this Chapter is to promote health, safety and general welfare by providing for the regulation of planting, maintenance and removal of street trees within the City, and for the planting of street trees throughout the City, to allow the property owner maximum flexibility in the choice and placement of street trees in relation to private landscaping. (Ord. 887 C.S. Section I part, 1978.)

8.08.020 Master Tree Planting Plan

The Public Works Department (Parks Division) shall maintain a master street tree plan for all City streets. The plan shall provide a list of acceptable tree species. (Ord. 1069 C.S. Section I part, 1986: Ord. 887 C.S. Section I part, 1978.)

8.08.030 Definitions.

  1. "Street Tree" means any tree located in a City street right of way between the edge of pavement and the adjacent property line.
  2. "Maintenance" means the regular pruning, fertilization, irrigation and normal garden management practices necessary for plant growth
  3. "Director" means City Engineer and/or Director of Public Works.
  4. "Street Tree Permit" means a written or printed authorization issued by the City Parks Division.
  5. Certified Arborist" means someone who has successfully completed the requirements set by the Arborist Certification Board of the International Society of Aboriculture."
  6. "Pruning Standards" means standards of pruning for certified arborists. The standards include: I. Pruning Techniques, "A through J and II. Types of Pruning - Mature Trees. A. Crown Cleaning B. Crown Thinning C. Crown Reduction D. Crown Restoration, and III. Size of Pruning Cuts.

8.08.040 Planting Permit.

No person shall set out or plant any street tree without first obtaining a planting permit from the Public Works Department (Parks Division). The Parks Division shall review the type, size and location of street trees. (Ord. 1069 C.S. Section I part, 1986: Ord. 887 C.S. Section I part, 1978.)

8.08.050 Planting Standards in Residential Areas.

  1. The street tree shall be planted normally at 40 foot intervals.
  2. The street tree trunk at maturity shall not be within 1 1/2 feet of public sidewalk, except in existing parkway areas as approved by the Parks Division.
  3. The street tree roots shall not be within 10 feet of any sewer or water line, or gas line.
  4. The street tree trunk at maturity shall not be within 5 feet of a driveway, street corner, fire hydrant, or utility pole.
  5. A newly planted street tree shall be of the following minimum size: a diameter of 1 inch measured 4 feet, 6 inches above the ground and which has a maximum height of 8 feet or 15 gallon size. (Ord. 887 C.S. Section I part, 1978.)

8.08.070 Street Tree Removal.

A street tree not otherwise regulated may be removed with a permit, provided the tree is replaced in compliance with all provisions of this section. All street trees removed shall be at the expense of the adjacent property owner. (Ord. 1052 C.S. Section II part, 1985: Ord. 887 C.S. Section I part, 1978.)

8.08.080 Street Tree Installation Obligation.

  1. Maintenance Duties. Property owners or persons in possession of street trees shall be responsible for all street tree maintenance. All maintenance shall conform to the International Society of Arboriculture or National Arborist Association Standards.
  2. Scope of Duty. It shall be a public nuisance for property owners or persons in possession of street trees to permit brances of street trees to restrict access or impede the public use of adjacent sidewalks or streets, or prevent access of City street sweepers to clean the street.

    In the event of such public nuisance the responsible person shall receive a written notice of such nuisance directing that the tree shall be pruned appropriately within ten days from receipt of notice. The City at its option may prune the tree, in the even the responsible person has not complied with the notice of public nuisance, at the cost of the responsible person.
  3. Sidewalk Damage. The property owner or person in possession of street trees responsible for maintenance of street trees shall also be responsible for sidewalk damage caused by street trees and shall be required to repair the sidewalk pursuant to Streets and Highways Code Sections 5601, et seq. (Ord. 887 C.S. Section I part, 1978.)

8.08.091 Abuse or Mutilation of Trees.

  1. Topping of Trees. This practice will only be permitted when a property owner has a copy of a Certified Arborist report attached to an approval permit issued by the Parks Division.
  2. No Person May:

    Abuse, mutilate or destroy street trees.

    Attach or place a rope or twine (other than a rope or twine typically used to support a young or broken tree) sign, poster, handbill, paint or other substance, structure or thing to or on a street tree.

    Allow a gaseous liquid or solid substance which is harmful come in contact with a street tree.

8.08.101 Administration.

The City Engineer/Public Works Director shall plan, administer, control and regulate the street tree programs at the City in acordance with this chapter. The Director shall develop policies and procedures to implement this chapter. The policies and procedures shall include an annual tree maintenance work plan and an inventory that defines community tree needs.

8.08.102 Authority of City Engineer and/or Public Works Director.

The City Engineer/Public Works Director has the authority to maintain and care for street trees. The Director shall develop a program to encourage planting of approved street trees throughout the City. The Director has the authority to require that street trees be planted on all residential and commercial streets.

8.08.103 Open Ground for Trees.

No person may place or maintain a stone, cement or others sustance so that it impedes the full access of water or air to a street tree.

8.08.104 Penalty for Violation.

  1. A person who violates this chapter is guilty of a misdemeanor.
  2. A person guilty of misdemeanor shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment in the County jail for a period of not more than six (6) months.
  3. A person is guilty of a second offense for a violation of this chapter with respect to each separate tree.

8.08.105 Civil Sanction.

In addition to paying the penalties for violation of this chapter, a person who removes or destroys a tree in violation of this chapter shall at the option of the City either:

  1. Replace the tree with one of a similar kind and size or;
  2. Compensate the City for the value of the tree(s). The value of the tree shall be based upon the opinion of an arborist.

8.08.106 Public Utilities.

When a tree interferes with and interrupts service of a public utility company providing gas, water, electricity, telephone, telegraph, or cable service within the City, the City may, without first obtaining a permit trim or remove branches of trees to the extent necessary to restore service.

8.08.107 Permit Decision.

The City Engineer/Public Works Director or his/her designee shall grant or deny the permits in accordance with this chapter. See 8.12.030 Section C.