Calabasas Municipal Code Ch. 12.08 Community Tree Management

A. The city of Calabasas lies in a unique area of Los Angeles County, the beauty and welfare of which is greatly enhanced by the presence of mature, healthy trees in public places. These benefits include beautification, shade, energy conservation and wildlife habitat. The proper planting, maintenance and removal of these community trees are required to insure that these trees continue to provide such benefits to the community.

B. This chapter sets forth the policies of the city with respect to the planting, maintenance and removal of all community trees. This chapter also defines the management and enforcement policies required to implement said policies.

(Ord. 98-135 § 2 (part), 1998)

"City" means the city of Calabasas.

"City arborist" means an arborist certified through the International Society of Arboriculture and designated by the city engineer to provide technical expertise with respect to arboricultural matters.

"Community tree" means any tree now or hereafter growing on any public place.

"Community trees" means the collection of community trees that grow on any public place.

"Community Tree Master Plan" means a written document that guides the work of the Tree Board, the city arborist and city staff in connection with this chapter.

"DBH" or "diameter at breast height" means the average diameter of a tree measured at a height of four and one-half feet above natural grade.

"Park" means any public park having an individual name.

"Parkway" means that part of a street, not covered by sidewalk, lying between the property line and the edge of a street.

"Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

"Property line" means the outer edge of a street right-of-way.

"Property owner" means any person owning a property as shown on the tax roll of the assessor of the county of Los Angeles.

"Public place" includes all grounds, streets, parkways, parks and public open spaces owned by the city and public rights-of-way.

"Street" means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and/or pedestrian traffic.

"Topping" means removal of a branch to a stub, bud or lateral branch not large enough to assume a terminal role.

(Ord. 98-135 § 2 (part), 1998)

The Tree Board shall formulate a Community Tree Master Plan with the advice of the city arborist, city agencies, public hearings and the approval of the city council. The Community Tree Master Plan shall include but not be limited to an inventory of tree resources, potential tree projects, community tree palettes, species and age diversity goals, standard tree planting and maintenance specifications, criteria for tree removal, and permit procedures. The city arborist, with the approval of the Tree Board and the city council, shall have the authority to amend or add to the Community Tree Master Plan at any time.

(Ord. 98-135 § 2 (part), 1998)

A. The city engineer shall generally be responsible for the care of community trees and the community services director is in charge of all park trees. All actions involving community trees, including sidewalk and street repairs shall be reviewed and approved by the city arborist in accordance with the criteria in the Community Tree Master Plan. The value of the tree, including its historical or other significance, versus the magnitude of the hardscape damage shall be considered in determining the work to be performed.

B. Property owners shall generally be responsible for the proper watering of community trees located with the parkway along their property.

(Ord. 98-135 § 2 (part), 1998)

No person shall plant, prune, remove or otherwise disturb any community tree without first obtaining an encroachment permit from the public works department. An encroachment permit shall be required for the following activities:

A. Planting.

1. Application Data. When making application for an encroachment permit to plant a community tree, the applicant shall illustrate the number, size, species and location of each tree to be planted.

2. Justification. The applicant must demonstrate that the proposed tree planting complies with the Community Tree Master Plan palette for that site.

3. Proper Planting. Any community tree shall be planted, fertilized, staked, watered and mulched in accordance with the planting specifications in the Community Tree Master Plan or as otherwise specified by the city arborist.

B. Maintenance.

1. Application Data. When making application for an encroachment permit to perform maintenance activities on a community tree, the applicant shall illustrate the number, size, species, and location of each tree to be pruned. Pruning shall include root pruning as well as canopy pruning. A detailed description of the proposed work must be provided. A detailed description of the proposed work must be provided to the satisfaction of the city arborist.

2. Pruning for View. Any application requesting permission to prune a community tree to improve or maintain a view shall be referred to the Tree Board for review. The Tree Board shall consider the reasonableness of the request, as well as the assessment of the proposed procedure by the city arborist in making decision. Any approved pruning shall be paid for by the applicant.

3. Public Utilities. The city arborist shall annually issue area permits granting permission to public utilities to trim and maintain trees in public spaces. Nonemergency trimming shall be performed in accordance with the pruning standards of the western chapter of the International Society of Arboriculture and nearby neighbors must be informed by posted doorknob notices at least three weeks in advance.

C. Removal.

1. Application Data. When making application for an encroachment permit for removal of a community tree, the applicant shall illustrate the number, size, species and location of each tree to be removed. A detailed description of the proposed work must be provided to the satisfaction of the city arborist. All stumps shall be ground to the satisfaction of the city arborist.

2. Wherever it is necessary to remove a community tree in connection with the paving of a sidewalk, or the paving or widening of the portion of an entrance drive from a street used for vehicular traffic, the applicant shall replant such trees or replace them. If site conditions prevent replanting in parkways or along the right-of-way, this requirement shall be satisfied if an equivalent number of trees are planted in an attractive manner in an adjacent public space. Such activities are subject to the approval of the city arborist.

3. In general, removal of trees due to perceived sewer problems shall not be permitted. Alternative solutions shall be pursued by the property owner.

4. In general, the applicant or property owner shall bear the cost of removal of all trees removed under a removal permit.

5. Removal of trees for view purposes shall only be permitted in accordance with the criteria included within the Community Tree Master Plan.

(Ord. 98-135 § 2 (part), 1998)

All city projects shall be subject to the policies and procedures contained in the Community Tree Master Plan.

(Ord. 98-135 § 2 (part), 1998)

No person shall intentionally damage, cut, carve, transplant or remove any community tree; damage any community tree with a string trimmer or other landscape maintenance equipment, attach any rope, wire, nails, advertisements, posters or other contrivance to any community tree; allow any gaseous, liquid or solid substance which is harmful to trees to come into contact with any community tree; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.

(Ord. 98-135 § 2 (part), 1998)

No community tree shall be topped for any reason except in the case of an emergency or when the tree is approved for removal. Special design procedures, including pollarding, must be approved by the city arborist.

(Ord. 98-135 § 2 (part), 1998)

No person shall hinder, prevent, delay or interfere with the city arborist, city traffic engineer or public works department while engaged in carrying out the execution of this chapter.

(Ord. 98-135 § 2 (part), 1998)

All community trees shall be protected during construction.

A. Any community tree in a public space near any excavation or construction of any building, structure or street work shall be guarded with a barrier approved by the city arborist. The barrier shall be not less than four feet high and eight feet square, or at a distance in feet from the tree trunk equal to the diameter of the trunk at breast height (DBH) in inches, whichever is greater. All building materials, dirt, debris, equipment and vehicles shall be kept outside of the barrier.

B. No person shall alter natural drainage, excavate any ditches, tunnels, or lay any drive within a radius of ten feet from any community tree without first obtaining a written permit from the city arborist.

(Ord. 98-135 § 2 (part), 1998)

When needed, the value of a community tree shall be determined in accordance with the current practice of the International Society of Arboriculture.

(Ord. 98-135 § 2 (part), 1998)

No person shall deposit, place, store or maintain upon any public space, any stone, brick, sand, concrete or other materials which may impede the free passage of water, air or fertilizer to the roots of any community tree growing therein. Sunlight to any community tree shall not be permanently blocked without written approval from the city arborist.

(Ord. 98-135 § 2 (part), 1998)

Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of an infraction and shall be fined a sum of no less than one hundred fifty dollars ($150.00). Repeated violations by a person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined a sum of no less than one thousand dollars ($1,000.00) or may imprisoned for a term not exceeding thirty (30) days, or both. Fines may also be assessed in accordance with the magnitude of any damage to a community tree. Fines collected shall be placed in a community tree fund and used for community tree projects.

(Ord. 98-135 § 2 (part), 1998)

A. Permits may be applied for as set forth below.

1. Application for permits must be made to the city arborist not less than forty-eight (48) hours in advance of the time the work is to be done.

2. Standards of Issuance. The city arborist shall issue the permit provided for in this chapter if, in his or her judgment, the proposed work is reasonable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit shall be void if its terms are violated.

3. Notice of completion shall be given within five days to the city arborist for his or her inspection.

B. Arboriculture specifications, horticultural standards and worker's qualifications shall be available within the Community Tree Master Plan or from the city arborist. These specifications, standards and qualifications are to be followed by any person or firm seeking a permit for work on community trees.

1. Arboricultural specifications include accepted, approved methods for maintenance and tree care, including fertilization, feeding, insect control, disease prevention and storm damage preparation and repair.

2. Horticultural standards include accepted, approved methods for tree planting, staking, guying, wrapping, balling, tree relocation, pruning, removal, stump grinding and clean up. Recycling of vegetative parts is also addressed in these standards.

3. Worker's qualifications include required or recommended education and training, practical experience, licensing and insurance requirements for workers and companies doing tree work in the city.

C. Approved Tree List. The approved tree list and/or tree palette for each public space shall be contained in the Community Tree Master Plan. No other species other than those included in this list may be planted in any public space without the written approval of the Tree Board and the city arborist.

(Ord. 98-135 § 2 (part), 1998)

Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, or parts thereof, other than the part so declared to be invalid.

(Ord. 98-135 § 2 (part), 1998)