Belmont Municipal Code Ch. 25 Trees

Footnotes:

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Editor's note— Ord. No. 2017-1120, § 1, adopted July 11, 2017, amended Ch. 25 in its entirety to read as herein set out. Former Ch. 25, §§ 25-1—25-10, pertained to similar subject matter, and derived from Ord. No. 1060, § 1, adopted Aug. 23, 2011.

Cross reference— Large tree protection, § 9-44; trimming trees along route of house moving, § 22-46.

The provisions of this chapter may be referred to as the Belmont Tree Ordinance.

(Ord. No. 2017-1120, § 1, 7-11-17)

Where used in this chapter the following terms are herein defined as:

Arborist means an American Society of Consulting Arborists (ASCA) registered consulting arborist, or an arborist certified by the International Society of Arboriculture.

Arborist report means a report prepared by an arborist containing specific information on the location, condition, potential impacts of development, recommended actions and mitigation measures regarding one or more trees on an individual lot or project site.

Certification letter means a concluding statement by an arborist stating that work that was performed by an arborist or was observed or inspected by an arborist and complies with the conditions of the arborist report, and the tree permit or conditions of project approval.

City Tree means any woody, perennial plant, regardless of size, located in a city park, a designated open space, or on any other city property. A single or multi-stemmed shrub or bush is not a city tree.

Conforming Use means permitted uses that conform to the development criteria of the zoning district for the site.

DBH means the diameter of the tree at breast height and is measured across the widest face of the tree trunk, 4½ feet above natural grade. On a slope, the four and one-half-foot height is measured from the center of the trunk, halfway between the uphill and downhill side. In the case of multiple stemmed trees, the measurement is the sum of the diameters of the three largest stems measured at 4½ feet above natural grade.

Dead Tree means a tree that is dead or that has been damaged beyond repair 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 such by a certified arborist, landscape architect or city official.

Dripline (canopy dripline) means the diameter of the existing tree canopy, or the estimated diameter of the root system (calculated as DBH inches × 2 feet) whichever is greater.

Excessive Pruning means removal of the leaf, stem area, predominately on one side, topping, or excessive tree canopy removal or crown raising. Exceptions are when clearance from overhead utilities or public improvements is required, or to abate a hazardous condition or public nuisance.

Principal Native Tree means a Coast Live Oak, Valley Oak, Redwood, Madrone, Bay Laurel, or Buckeye having a single main stem or trunk of 10 inches or more DBH, or up to three of the largest secondary stems totaling 10 inches or more DBH.

Large Diameter Tree means a woody, perennial plant characterized by having a single main stem or trunk of 14 inches or more DBH, or up to three of the largest secondary stems totaling 18 inches or more DBH.

Person means any natural person, property owner, partnership, firm, corporation, governmental agency or other legal entity other than the City of Belmont.

Protected Tree means a Principal Native Tree, a City Tree, a Replacement Tree, a Right-of-Way Tree, or a Large Diameter Tree.

Pruning means selectively cutting or trimming to enhance the health and structure of a tree, improve balance and aesthetics, promote healthy growth, and prevent damage.

Removal means physically removing a tree or causing the removal of a tree; causing the death of a tree through direct or indirect action, or severely damaging a tree.

Replacement tree means any tree, regardless of size, which has been planted as required mitigation for the previous removal of another tree at the same site or elsewhere in the city.

Right-of-Way Tree means a tree located in a public street right-of-way.

Severe Damage means any action undertaken which causes or may cause death or significant injury to a tree or its roots, or which places the tree in an irreversible state of decline. This includes, but is not limited to:

(1) Excessive pruning as herein defined;

(2) Topping, which generally means reduction of tree size using inter-nodal cuts without regard to tree health or structural integrity;

(3) Trenching, excavating, grading, paving or other action which causes a significantly harmful incursion within the root system or canopy drip-line of a tree;

(4) Poisoning, or leaching of construction related or other damaging materials into the canopy dripline;

(5) Overwatering or withholding of water or nutrition.

(Ord. No. 2017-1120, § 1, 7-11-17)

The City Manager shall prepare a schedule of standard tree protection measures that may be required by the reviewing authority as conditions of approval for development projects when construction or other site disturbance occurs within the dripline of a Protected tree. The City Manager may approve alternative measures on a case by case basis to better meet site conditions.

(Ord. No. 2017-1120, § 1, 7-11-17)

Tree pruning must be performed consistent with the guidelines of American National Standards Institute (ANSI) A300 (Part 1) 2017 Pruning entitled Tree, Shrub, and Other Woody Plant Maintenance—Standard Practices (Pruning), or Best Management Practices—Tree Pruning (Second Addition) published by the International Society of Arboriculture (ISA) as a companion publication to the ANSI A300 pruning standards.

(Ord. No. 2017-1120, § 1, 7-11-17)

(a) Permit Requirement. Except as provided in this section, it is unlawful for a person to remove a Protected Tree without a permit issued in accordance with this chapter.

(b) Exceptions to Permit Requirement. A permit is not required to remove a Protected Tree under the following circumstances.

(1) Emergency. The tree is damaged by storms, floods, earthquakes, fires or natural disasters, or firefighting personnel actively engaged in fighting a fire determine that removal of the tree is necessary, or a peace officer, firefighter or other city official acting in their official capacity determines that the tree poses an imminent danger to people or property.

(2) Fire Danger. The fire marshal or other city official acting in their official capacity has determined that the tree is a substantial fire hazard that cannot be reasonably mitigated.

(3) Nursery. The tree is planted, grown or held for sale as part of a licensed nursery business.

(Ord. No. 2017-1120, § 1, 7-11-17)

(a) Permit Application.

(1) A person desiring to obtain a permit to remove a Protected Tree must submit a complete application in compliance with this section to the City Manager through the City's Permit Center and pay the applicable fees as established by the City Council.

(2) The application must include:

(A) Name and address of the applicant;

(B) Address of the property where the tree is located;

(C) Name of the person performing the work;

(D) State contractor's license number of the person performing the work, or if the person claims to be exempt from or not a contractor under the state contractor licensing law, the basis for the claim;

(E) Number, species, size, and exact location of the tree or trees to be removed,

(F) A brief statement of the reason for the requested removal, and

(G) any other pertinent information as may be required by the City Manager.

(b) Application review.

(1) An application to remove one or more Protected Trees associated with other improvements of property for which a development application is pending or contemplated shall be reviewed as part of the development project by the city reviewing authority authorized to grant the other entitlements for the property on which the tree is located.

(2) All applications not within the scope of (b)(1) shall be reviewed by the City Manager.

(3) Upon receiving a complete application, the reviewing authority must timely determine whether to issue the permit.

(c) Project Notice. When posting is required by Section 25-8, the applicant must post the project site with a notice of the tree removal permit application on a form approved by the City Manager.

(d) Appeals. An applicant may appeal a decision under (b)(1) to the body authorized to hear appeals concerning the development application. An applicant may appeal a decision under (b)(2) to the City Council. All appeals must be filed with the Permit Center within 10 days of the decision by the reviewing authority. All appeals must include a detailed statement describing the decision appealed and the basis of the appeal, and be accompanied by the fee established by the City Council.

(Ord. No. 2017-1120, § 1, 7-11-17)

(a) The reviewing authority must base its determination to approve, conditional approve or deny an application for a tree removal permit on a balancing of the criteria in subsection (c). When the reviewing authority determines one or more criteria does not support removal, it must consider whether reasonable conditions would mitigate the circumstances that do not support removal under the criteria.

(b) The reviewing authority shall issue a permit to remove the following trees without consideration of the criteria in subsection (c):

(1) Blue Gum Eucalyptus (Eucalyptus globulus);

(2) Dwarf Blue Gum Eucalyptus (Eucalyptus globulus 'Compacta');

(3) Monterey Pine;

(4) Palm (all species);

(5) Acacia (all species);

(6) a dead tree (any species); and

(7) Any tree that a public utility is required to remove under California Public Utility Commission regulations.

(c) Criteria.

(d) Conditions of Approval.

(1) For each Protected Tree removed, the applicant must plant a preferred species tree, minimum 15 gallons, or pay an in lieu of planting fee established by the city council. A preferred species tree planted as part of a landscape plan, screening, or bulk reduction condition may be counted toward this requirement.

(2) The reviewing authority may impose conditions of approval when City staff have determined that the tree removal may substantially affect erosion or soil retention.

(3) Conditions imposed by the reviewing authority must be reasonably related to the particular impacts caused by the tree removal and not disproportional to those impacts.

(Ord. No. 2017-1120, § 1, 7-11-17)

(a) Permits not associated with development projects. Permits not associated with a development project shall be issued in writing and remain valid for a period of 60 days from issuance.

(b) Permits associated with development projects. Permits approved in conjunction with development projects shall be valid until the expiration of associated project entitlements, unless those entitlements are extended. Permits issued in conjunction with grading or building permits will become valid simultaneously with the issuance of such other permits and the time for completion of the work will commence at that time unless otherwise provided in the permit.

(c) Posting of permit. Permits not associated with a development project requiring notice shall be posted on the subject property in a location visible from, and not more than 20 feet from, the public right-of-way.

(1) The permit shall be posted no less than 48 hours in advance of any work and remain posted for not less than one week following completion of all work.

(2) For emergency tree removal, the City Manager may waive the 48 hour posting of permit requirement to allow for immediate removal if the tree is creating a danger to persons or damaging real or personal property.

(Ord. No. 2017-1120, § 1, 7-11-17)

(a) In addition to any penalties or remedy, any person who removes or damages a Protected tree in violation of this chapter must pay removal fees and replant trees on or off-site in equal value to the tree(s) removed without benefit of permits.

(b) The City Manager may issue a stop work order on a project, pending submittal of an acceptable mitigation plan providing for replacement trees, or payment of an in lieu fee as determined by the city council, to the city tree planting and establishment fund.

(Ord. No. 2017-1120, § 1, 7-11-17)

(a) Preferred species trees include principal native trees. The City Manager, in consultation with the City Arborist, may determine whether to designate other native or locally acclimated tree species as preferred species trees.

(b) An applicant may request that the City Manager designate a native or locally acclimated tree as a preferred species tree. The City Manager's decision is final.

(c) The City Manager shall maintain a schedule of designated preferred species trees.

(Ord. No. 2017-1120, § 1, 7-11-17)