HEALTH AND SAFETY
8.08 Trees and Shrubs--Planting and Maintenance
- 8.08.010 Purpose.
- 8.08.020 Master Street Tree Planting Plan.
- 8.08.030 Definitions.
- 8.08.040 Planting Permit.
- 8.08.050 Planting Standards in Residential Areas.
- 8.08.070 Street Tree Removal.
- 8.08.080 Street Tree Installation Obligation.
- 8.08.090 Street Tree Maintenance Obligation.
- 8.08.091 Abuse or Mutilation of Trees.
- 8.08.100 Moving Buildings.
- 8.08.101 Administration.
- 8.08.102 Authority of City Engineer and/or Public Works Director.
- 8.08.103 Open Ground for Trees.
- 8.08.104 Penalty for Violation.
- 8.08.105 Civil Sanction.
- 8.08.106 Public Utilities.
- 8.08.107 Permit Decision.
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,
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,
- "Street Tree" means any tree located in a City street right of way between
the edge of pavement and the adjacent property line.
- "Maintenance" means the regular pruning, fertilization, irrigation and
normal garden management practices necessary for plant growth
- "Director" means City Engineer and/or Director of Public Works.
- "Street Tree Permit" means a written or printed authorization issued by
the City Parks Division.
- Certified Arborist" means someone who has successfully completed the
requirements set by the Arborist Certification Board of the International
Society of Aboriculture."
- "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.
- The street tree shall be planted normally at 40 foot intervals.
- 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.
- The street tree roots shall not be within 10 feet of any sewer or water
line, or gas line.
- The street tree trunk at maturity shall not be within 5 feet of a
driveway, street corner, fire hydrant, or utility pole.
- 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,
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.
- 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.
- 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.
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.
- 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.
- 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.
- 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.
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
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.
- A person who violates this chapter is guilty of a misdemeanor.
- 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.
- 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:
- Replace the tree with one of a similar kind and size or;
- 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