Capitola Municipal Code Art. I Purpose, Goals, and Authority

The city council finds that protection and enhancement of existing tree cover throughout the city serves several public interests: reducing local air pollution by absorbing carbon dioxide and producing oxygen; reducing soil erosion; enhancing the visual and aesthetic qualities of the city that attract visitors and businesses and serve as a source of community image and pride; and providing habitat for birds and other wildlife.

The city council finds that trees are a valuable asset and have a positive economic effect on the city by enhancing property values and making the city a more attractive place to visit and do business. The protection and enhancement of trees helps safeguard and enhance the property values of public and private investments, and preserves and protects the unique identity and environment of Capitola. Healthy trees of the appropriate size and species, growing in the appropriate places, enhance the value and marketability of property and promote the stability of desirable neighborhoods.

In order to protect existing tree cover, increase tree cover, and enhance the natural beauty of the city, the city council, therefore, adopts this chapter in the interest of public health and safety. The purpose of this chapter is to establish regulations relating to the protection, planting, maintenance, removal, and replacement of trees, and to set forth the process for development of a comprehensive plan for the planting and maintenance of a sustained community forest within the city. (Ord. 863 § 2, 2004)

A. The overall goals of this chapter are to protect and increase the level of tree cover on public and private lands within the city, maintain trees in a healthy and non-hazardous condition, and promote planting of additional trees to increase tree cover (hereby referred to as canopy coverage) throughout the city.

B. It is the policy of the city to protect the locally significant, scenic and mature trees as listed in the heritage tree list to be adopted pursuant to this chapter, in order to protect the character of Capitola.

C. It is the policy of the city to encourage new tree planting on public and private property and to cultivate a flourishing community forest.

D. It is the goal of the city to maintain and enhance the tree canopy coverage existing at the time of adoption of the ordinance codified in this chapter (as determined through aerial photography taken within twelve months from adoption of the ordinance codified in this chapter), and to increase flowering tree canopy to help identify and beautify city streets and neighborhoods.

E. On individual lots, it is the goal of the city to maintain fifteen percent coverage of tree canopy, consisting of flowering, deciduous, and evergreen trees, to be enforced on an on-going basis via the design review process.

F. It is the goal of the city to establish a community tree fund to pay for tree replacement planting in suitable locations in city parks, sensitive habitat areas, or along city streets, as set forth in a “community forest program,” to be completed and adopted within three years from adoption of the ordinance codified in this chapter.

G. It is the goal of the city to develop partnerships with the owners of heritage trees to provide technical and financial help for the maintenance of such trees, as funds become available in the community tree fund.

H. It is the policy of the city to pursue grants to fund a monitoring program to evaluate the performance of this chapter, every three years after the adoption of the ordinance codified in this chapter.

I. It is the policy of the city to encourage community efforts such as the “Heritage Tree Walk,” and promote education programs to increase the awareness of trees and their benefits.

J. It is the policy of the city to help counteract carbon dioxide (CO2) emissions by planting trees, as trees absorb CO2 from the air, and store it in their branches, roots and trunks and then release oxygen into the atmosphere.

K. It is the policy of the city that the regulations of this chapter regarding tree planting, maintenance, removal and replacement take into consideration the protection of view sheds and solar orientation and exposure, in relation to all affected properties. (Ord. 863 § 2, 2004)

A. “Canopy coverage” shall mean the area covered by the projection of branches and leaves of a tree over the drip-line or the outermost area of canopy.

B. “Certified arborist” shall mean an individual who has demonstrated knowledge and competency through obtainment of the current International Society of Arboriculture (ISA) Arborist Certification, and/or who is a member of the American Society of Consulting Arborists and has achieved a level of knowledge in the art and science of tree care through at least three years of experience and continued education.

C. “City” shall mean the city of Capitola situated in the county of Santa Cruz, California.

D. “Commission” shall mean the city planning commission.

E. “Community forest” shall mean all public or private trees within the city.

F. “Community forest program” shall mean a program implemented by the public works director, to guide the tree planting on public properties, streets, parks, and sensitive habitat areas. Refer to Section 12.12.050 for specific provisions.

G. “Community tree and forest management account” shall mean a fund or account where tree and canopy coverage in-lieu fees are deposited. This account is created for the specific function of accumulating funds to pay for replacement of trees, to provide incentives for the maintenance of heritage trees, and related canopy coverage purposes, by the public works department. This account is being established upon approval of the ordinance codified in this chapter.

H. “Council” shall mean the city council.

I. “Cutting” shall mean the removal, from a living tree, by any method, of foliage, branches or trunks, including removal of the entire tree, except for pruning allowable by Section 12.12.160, Permit requirements.

J. “Damage” shall mean any action undertaken which may cause the death or significant injury, or which places a tree in a hazardous condition or in an irreversible state of decline. This includes, but is not limited to, tree cutting, excessive foliar crown removal, topping/cropping, girdling, or poisoning of, or trenching, excavating or compacting.

K. “Department” shall mean the city community development department.

L. “Director” shall mean the community development department director of the city or designee.

M. “Environmental and Socio-Economic Benefits of Trees” shall mean a city brochure that may be available at the community development department, including current statistical figures, results of scientific studies and of surveys to show the benefits of an urban forest.

N. “Heritage tree” shall mean any locally significant, scenic and mature tree growing on public or private property that is listed on the city’s adopted heritage tree list as set forth in Sections 12.12.090 through 12.12.110.

O. “Heritage tree list” shall mean a list of those “heritage trees” approved by the city council to be protected for future generations. Refer to Section 12.12.100 for the nomination process for heritage status.

P. “List of certified arborists, certified tree climbers and landscape contractors” shall mean a list of tree experts, contractors and landscape businesses who provide tree work service in the city that have received certification in accordance to the provisions of this chapter, and/or a city permit to operate in Capitola according to requirements as described in the community forest program.

Q. “Owner” shall mean the legal owner of real property as shown on the most recent county assessor’s roll.

R. “Person” shall mean any individual, firm, business, partnership, association, public utility, corporation, legal entity, and/or agent, employee or representative thereof.

S. “Planting, pruning and maintaining trees” shall mean a city brochure that may be available at the community development department, to provide specific guidelines on how and where to plant and take care of trees.

T. “Private property” shall mean all property within the boundaries of the city, as shown on the most recent county assessor’s roll to be owned by persons, firms, corporations other than the city or another public agency within the tree’s root zone.

U. “Pruning” shall mean the removal of branches or foliage in a manner and to the extent that does not jeopardize the health or longevity of a tree.

V. “Public property” shall mean all property owned by any governmental agency, except those legally exempt from this chapter, within the boundaries of the city including those noncontiguous areas incorporated by the city.

W. “Public street” or “streets” shall mean all roads, streets, avenues, boulevards, alleys, park ways, public rights-of-way or any portion thereof, of the city.

X. “Recommended tree list” shall mean a list of suitable trees for Capitola, available at the community development department to help property owners select new trees for their property. The list shall be consistent with Section 17.72.030. The list should reflect different city natural habitats and neighborhoods, and may be included into the community forest program.

Y. “Tree.” For the purpose of this chapter, “tree” shall mean a usually tall woody plant, distinguished from a shrub by having, at maturity, comparatively greater height and characteristically, a single trunk rather than several stems, and a minimum six-inch diameter measured at forty-eight inches above existing grade or at average breast height (abh). Exception: Within the boundaries of a “biologist certified environmentally sensitive habitat area” identified pursuant to Chapter 17.64, all sizes of trees, even seedlings, are subject to this chapter and all degrees of trimming shall be defined as “cutting” and shall require a permit. A healthy sensitive habitat has young and small, medium size, large and/or old samples of each species.

Z. “Topping” shall mean the reduction of a tree’s size using heading cuts that shorten limbs or branches back to stubs. Topping is not an acceptable pruning practice. Refer to Section 12.12.160(C)(1) and (C)(2).

AA. “Stub” shall mean an undesirable short length of a branch remaining after a break or incorrect pruning cut is made. Refer to Section 12.12.130(C)(7).

AB. “Utility” shall mean a public utility or private utility and includes any pipeline corporation, gas company, electrical corporation, telephone, telegraph or other communications corporation, water corporation, sewer system or heat corporation, or railroad and power companies, the services of which are performed for, or the commodity delivered to, the general public or any portion thereof. (Ord. 863 § 2, 2004)

A. Community Development Director. The community development director or designee shall be responsible for administering and enforcing this chapter. The community development director or designee shall have the following powers and duties:

1. Grant or deny applications for non-heritage tree removal permits as set forth in Section 12.12.180 and make recommendations on permit applications involving heritage trees that are reviewed by the planning commission;

2. Provide technical information to assist owners in maintaining heritage trees on private property;

3. Review all development and construction applications for the purpose of determining canopy coverage requirements and any development impacts on the community forest;

4. Make recommendations to the planning commission pertaining to the management of the city’s community forest;

5. Help process and pursue grants to implement the community forest program;

6. Require applicants to cover the costs to prepare an independent arborist report to support the findings under Section 12.12.110(D) or deny an application under this section.

B. Public Works Director. The public works director shall have the following powers and duties:

1. Abate public nuisances pursuant to Title 4 of this code;

2. Develop the community forest program in conjunction with the community development director;

3. Order the alteration or removal of hazardous trees when they are found to pose a threat to other trees or to the community, as set forth in Section 12.12.210; and administer tree replacement and planting per the community forest program, for the planting, sitting, location and placement of all trees along the public streets or on public property of the city, and shall likewise have supervision, direction and control of the care, protection, pruning, removal, relocation and replacement thereof.

C. Planning Commission Powers and Duties. The planning commission shall have the following powers and duties:

1. Grant or deny applications for heritage tree removal permits pursuant to Section 12.12.110, Permit process for removal and pruning of heritage trees, of this chapter;

2. Grant or deny permit applications on appeal pursuant to Section 12.12.180, Permit process for removal of nonheritage trees, of this chapter;

3. Make recommendations to the city council concerning policies, programs and decisions relating to the city’s urban forest, and regarding all related matters, documents, and policies; and

4. Approve nominations for heritage tree status.

D. City Council.

1. Review appeals of planning commission decisions;

2. Approve the heritage tree list, and removals of trees from the list;

3. Approve Capitola recommended tree list;

4. Approve the program and allocate funding for implementation of the community forest program. (Ord. 954 § 1, 2011; Ord. 863 § 2, 2004)