Camarillo Municipal Code Ch. 13.12 City Trees and Other Plantings

A. The purposes of this chapter include to:

1. Establish and maintain a cohesive street tree planting program designed to provide an expression of neighborhood identity through distinctive plantings;

2. Establish and maintain the maximum sustainable amount of tree cover and other plantings on streets and other public property in the city;

3. Maintain city trees and other plantings in a healthy and nonhazardous condition through good arboricultural practices;

4. Establish and maintain appropriate diversity in tree species to provide a stable and sustainable urban forest.

(Ord. 999 § 1 (part), 2006.)

For the purpose of this chapter, certain terms and words are defined as follows:

"Comprehensive plan" means the comprehensive plan for the identification, planting and maintenance of approved trees and other plantings in city streets and public areas of the city.

"Department" means the department of public works.

"Director" means the director of public works or the director's designee.

"Maintain" or "maintenance" means and includes clipping, pruning, spraying, fertilizing, propping, treating for disease or injury, and any other similar acts which promote the life, growth, health or beauty of trees and other plantings except watering unless specifically so stated.

"Other plantings" means any shrubs, grass or ground cover planted within a street or public area.

"Planting strip" means the area between the curb or the place where the curb should be and the edge of the city right-of-way, as well as the divider strip down the center of divided streets.

"Public area" means areas other than streets under the control of the city.

"Specimen tree" means a tree planted or existing in a street or public area which has been found by the planning commission to be of high value because of its type or age, and has been so designated by resolution of the commission to be a specimen tree.

"Street" means and includes any public street, avenue, boulevard, lane, road, parkway, alley, walk, planting strip, right-of-way, easement, and other public way within the city.

"Top" means to damage a tree by the practice of severely cutting back large diameter branches or the trunk of a tree which results in substantially reducing the overall size of the tree or destroying the symmetrical appearance or structural shape of the tree.

Tree, Approved. "Approved tree" means any tree planted within a street or public area that conforms to the comprehensive plan or has otherwise been approved by the city.

Tree, Historic. "Historic tree" means a tree planted or existing in a street or public area and which has been found by the planning commission to be a tree of notable historic interest because of its age, type or historic associations, and has been designated by resolution of the commission as an historic tree.

Tree, Memorial. "Memorial tree" means a tree procured, planted in an approved location, and deeded to and accepted by the city, by a private person, group or organization in memorial to a deceased person or noteworthy event, and has been so designated by city council resolution.

Tree, Unapproved. "Unapproved tree" means any tree planted within a street or other public area that does not qualify as an approved tree.

(Ord. 999 § 1 (part), 2006.)

A. The department, in cooperation with the department of community development, must cause to be prepared a list of approved street trees containing the botanical and common names of all trees authorized to be planted in streets or public areas. The list must be approved by resolution of the planning commission. The list will be on file with the department and may be revised from time to time to include other suitable trees, trees to be planted for evaluation purposes only, or to exclude trees deemed to be unsuitable. All trees planted in any street or public area must conform to the approved street tree list, except as may be specifically approved under Section 13.12.050(A).

B. The department, in cooperation with the department of community development, must cause to be prepared and maintained a plan for the planting and maintenance of trees in city streets and public areas of the city. The plan must include a series of maps of city streets and any desired public areas upon which is designated a scheme for the planting of trees. The plan must show the location and species of all approved street trees presently growing in city streets and public areas and the planned location and types of approved trees to be planted in those streets and public areas not presently planted. The plan must also indicate all trees planted in city streets and public areas which have been designated as specimen, historic or memorial trees.

C. The list of approved street trees described in subsection (A) and the plan described in subsection (B) constitute the city's "comprehensive plan" for the planting and maintenance of trees and other plantings in public areas and streets within the city.

(Ord. 999 § 1 (part), 2006.)

A. Planting Permit. No person may plant or cause to be planted any tree in any city street or public area without first obtaining a written permit from the director. The permit must specify the location and variety of trees or other plantings to be planted. Street trees or other plantings which are required to be planted by a subdivider or developer in accordance with any plans and specifications approved by the city, or as part of a project, may be planted without a permit; provided, however, that such trees and other plantings must conform to the city-approved plans and specifications.

B. Trimming Permit. No person other than city personnel or city contractors may trim, top, prune or cut any approved tree without first obtaining a permit from the director. The permit will only be issued if the director finds that the trimming is necessary and that the proposed method is satisfactory. A permit is not required for removing sucker growth, watersprouts, minor limbs causing obstructions, or for the removal of less than ten percent of the tree canopy.

C. Removal Permit. No person other than city personnel or city contractors in the performance of their duties may remove any approved tree without first applying for a permit from the director. Where trees are removed, all stumps, including underground portions to a depth specified by the department must be removed during such operation. The director may determine that a tree authorized for removal be replaced by the permittee through the compensation methods described in Section 13.12.100(B).

D. Permit Conditions.

1. In general, no fee will be charged for any of the permits issued under this section. However, the department may impose upon the applicant the obligation to pay partial or full costs for any non-standard expenses incurred by the city as result of the issuance of a permit such as overtime or after hours costs for staff or contractors performing inspections.

2. The city may require as a condition of permit issuance that the work is performed under the supervision of a certified arborist.

3. Applicants must provide evidence of reasonable public liability and property damage insurance in an amount to be determined by the director and appropriate policies or certificates of insurance must be filed with the city clerk. Where deemed advisable, the posting of a performance bond in an amount equal to the cost of the proposed work may be required, which bond will guarantee the completion of the job in accordance with procedures established by the department.

4. All work performed under a permit must be done in a neat and professional manner under the general supervision of, and in accordance with the rules and specifications established by the department.

5. All permits will include an automatic expiration date.

6. A permit may be revoked if its terms are violated.

7. Permits are not transferable.

(Ord. 999 § 1 (part), 2006.)

A. All new and replacement trees and other plantings must be consistent with the comprehensive plan; provided, however, that owners or developers of property fronting on any street or public area may petition the planning commission to request that other trees or other plants be used in such streets or public areas be of a certain kind or variety. Any action on such petition is subject to the discretion of the commission.

B. The planning commission may require that the planting of street trees be included in all building plans that appear before the commission for approval, and that all related costs be borne by the property owner. The selection or approval of species and the specifications for planting will be the responsibility of the department of community development.

C. The planning commission may require the planting of trees and other plantings within any street or public area within any new development or subdivision seeking an approval from the commission and such trees or other plantings must be in conformity with the comprehensive plan or project-specific landscape plan covering the area involved.

D. Any proposed change in a public street right-of-way, direction, width, or configuration, or any proposed street improvement must, where feasible, include allowances for planting strips. Plans and specifications for planting such areas must be integrated into the plan of improvements. The department must coordinate the design of such improvements with the community development department prior to final approval of the overall plans. When the planting strips are situated between the inside edge of sidewalk and the property line, adequate space or an easement must be retained or obtained to accommodate the desired plantings in accordance with the comprehensive plan.

(Ord. 999 § 1 (part), 2006.)

A. Except as may be provided in any applicable land use entitlement, or where the underlying fee title is vested in a person other than the city and the city so elects, the city will, at its own cost and expense, inspect, maintain and, when it desires, remove or replace approved street trees and other plantings in city streets and public areas.

B. The director is responsible for the inspection, maintenance, removal and replacement of all approved, specimen, historic and memorial trees within city streets and public areas as defined in this chapter, except that no tree designated as an historic or specimen tree may be removed without prior approval of the planning commission and no tree designated as a memorial tree may be removed without prior approval of the city council.

C. The director may cause the roots of approved trees to be cut to prevent sidewalk, curb, street or utility damage. Overhead limbs may be pruned or cut back to compensate for loss of root area.

D. The director may cause the removal or replacement of any unapproved tree or other planting with city streets or public areas.

E. The city is not responsible for maintaining unapproved trees or other plantings in or adjacent to or overhanging any street. Maintenance of such trees is the responsibility of the property owner.

F. Unless otherwise prohibited by this code, or addressed by other city approval or specific action, in consideration of the right of access to the city street across city property, it is the responsibility of the property owner to maintain any planting strip adjacent to or upon such owner's property. This maintenance obligation includes keeping such strips free from weeds, debris, or any obstruction deemed contrary to public safety. The use of materials or chemicals intended to permanently sterilize the soil in these strips or areas is prohibited.

G. Any tree or other planting growing upon private property but overhanging, or interfering with the use of any street or public area, or constituting an obstruction to clear vision along the street, which in the opinion of the director, endangers the life, health, safety or property of the public is a public nuisance. The department must notify the owner of the existence of the nuisance and give a reasonable time for its correction or removal. If not corrected or removed within the time allotted, the director may cause the nuisance to be corrected or removed, and the cost assessed to the owner as provided by this code.

(Ord. 999 § 1 (part), 2006.)

A. No person may interfere, or cause any person to interfere with any work being done under this chapter by any employee of the city or any city contractor.

B. It is unlawful for any person to injure or destroy any approved tree planted or maintained by the city in city streets or public areas by any means, including, but not limited to the following:

1. Construction of a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any tree so as to shut off air, light or water from its roots;

2. Piling building equipment, material or other substance around any tree so as to cause injury to it;

3. Pouring or spreading any deleterious matter on or around any tree or on the surrounding ground, lawn or groundcover;

4. Posting any sign, poster, notice, or by fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard;

5. Cause or permit any wire charged with electricity to come in contact with any tree without having first obtained a written permit from the director;

6. Cause or encourage any fire or burning near or around any tree.

C. No plantings, construction or excavating which endangers pedestrians or vehicular traffic is permitted in planting strips. No surfacing materials, such as asphalt, gravel, or brickwork, may be used without prior approval of the department. The placing of temporary protection for new lawns, ground cover or trees or the provisions of watering basins or temporary construction or excavating necessary for the providing or repairs of utilities will not be considered a violation of this provision.

D. It is unlawful for any person to cut, prune, damage, injure or destroy other plantings located in or adjacent to any street or public area including, but not limited to, vines, shrubs or other plant material which is placed in or upon the surface of the street side surface of a wall which separates the public street from a privately owned lot. Nothing contained in this subsection may be deemed to prohibit a lot owner or occupant from trimming, cutting or removing landscaped materials from any portion of a wall which separates a lot from a public street, which portion of the wall does not directly face the public street.

(Ord. 999 § 1 (part), 2006.)

Any person dissatisfied with a decision of the director on a permit application under this chapter may appeal such decision to the city manager by filing a written notice of appeal with the city clerk within ten days after such action is taken. The appeal must specify the reasons for which a hearing is requested. The appeal must be accompanied by any administrative fee established by city council resolution. The city clerk will then promptly schedule a hearing before the city manager or the city manager's designee.

(Ord. 999 § 1 (part), 2006.)

Nothing in this chapter imposes any liability upon any member of the city council or the city or any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep such private property, sidewalks, planting strip and easements in front of or through such private property, in a safe condition and so as not to be hazardous to public travel and safety.

(Ord. 999 § 1 (part), 2006.)

A. Violations of the provisions of this chapter will constitute a misdemeanor and will be punishable as set out in Chapter 1.12 of this code.

B. Replacement or Compensation. In lieu of being prosecuted or fined for unlawfully removing or causing damage to any approved tree or other planting in violation of this chapter, a person may be allowed to do any of the following at the discretion of the director:

1. Replace the unlawfully removed tree or other planting with one or more trees or other plantings, which, in the opinion of the director, will provide comparable economic, aesthetic, or environmental value at the site;

2. Reimburse the city the value of the removed or damaged tree or other planting as determined by an arborist certified by the International Society of Arboriculture utilizing the current edition of the "Guide for Plant Appraisal, International Society of Arboriculture."

(Ord. 999 § 1 (part), 2006.)