Capitola Municipal Code Art. III Maintenance and Protection Strategy

Capitola has a rich heritage in its trees. Residents have been committed to their cultivation and preservation since the city’s inception as Camp Capitola in 1874 on lands owned by Frederick A. Hihn, on which tree removal was prohibited and an extensive tree-planting program was undertaken. Heritage trees help define the character of the city. By virtue of their historic significance, size, beauty, age or value to wildlife, heritage trees offer intrinsic benefits to the entire city as well as individual properties. (Ord. 863 § 2, 2004)

A. Definition. “Heritage tree” shall mean any locally significant, historic, scenic and/or mature tree growing on public or private property, that is listed on the city’s adopted heritage tree list as set forth in this section, that is supported by the property owner and by the city council. A heritage tree list should be adopted no longer than six months from the approval of the ordinance codified in this chapter.

B. Heritage Tree List.

1. Nomination. Nominations of trees for inclusion on the heritage tree list may be made from any person to the community development department if it meets one or more of the following criteria. Upon receiving consent of the owner of the property on which the tree is located, the community development director submits the nominated tree(s) to the planning commission for consideration and approval.

a. Any tree which has a trunk with a circumference of forty-four inches approximately fourteen inches in diameter or more, measured at forty-eight inches above existing grade or at average breast height (abh);

b. Any tree, or grove of trees, which has historical significance, including, but not limited to, those which were/are:

i. Planted as a commemorative,

ii. Planted during a particularly significant historical era, or

iii. Marking the spot of a historical event;

c. Any tree, or grove of trees, which has horticultural significance, including, but not limited to, those which are:

i. Unusually beautiful or distinctive,

ii. Old (determined by comparing the age of the tree in question with other trees of its species within the city),

iii. Distinctive specimen in size or structure for its species (determined by comparing the tree to average trees of its species within the city),

iv. A rare or unusual species for the Capitola area (to be determined by the number of similar trees of the same species within the city),

v. Providing a valuable wild life habitat, or

vi. Identified by the city council as having significant arboricultural value to the citizens of the city.

2. Property Owner Support. No tree shall be considered by the planning commission or included on the heritage tree list by the planning commission unless written property owner consent has been obtained, agreeing to the nomination and designation.

3. Approval of Heritage Trees. The planning commission shall review and approve nominations for heritage trees via a public hearing properly noticed. The main function of the public hearing is to announce the trees nominated and to educate the community regarding heritage trees.

4. Removal of Tree from Heritage Tree List. A tree or trees shall be removed from the heritage tree list upon approval of a heritage tree removal permit by the planning commission, and/or the adoption of a resolution by the city council in case a removal permit is not applicable, based on findings by a qualified arborist that:

a. The tree is a hazard to public health and safety or to other trees as per Section 12.12.210 of this chapter; or

b. The tree no longer retains or holds the values and the community interest for which it was placed upon the heritage tree list.

C. Protection of Heritage Trees. No person shall allow any condition to exist, which may be harmful to any heritage tree, including, but not limited to, any of the following conditions:

1. Existence of any tree, heritage or otherwise, within the city limits that is irretrievably infested or infected with insects, scale or disease detrimental to the health of any heritage tree;

2. Paving and/or filling up the ground area around any heritage tree so as to shut off air, light or water to its roots;

3. Piling building materials, parking equipment and/or pouring any substance, which may be detrimental to the health of any heritage tree;

4. Posting any sign, poster, notice or similar device on any heritage tree;

5. Driving metal stakes, tying ropes, wire or metal braces and similar restricting devices, into the heritage tree or their root area for any purpose other than supporting and healing the heritage tree, except if recommended by a certified arborist;

6. Causing a fire to burn near any heritage tree;

7. Excessive pruning of the tree to cause its death;

8. “Choking” trees with undergrowth (heavy ivy).

D. Incentives. It is the goal of the city to develop partnerships with owners of heritage trees and provide incentives for maintenance, such as technical and financial assistance to maintain heritage trees as funds accumulate in the community tree and forest management account. Owners of heritage trees are eligible, according to certain criteria, to apply for city financial incentives/grants from the community tree and forest management account for maintenance and preservation of heritage trees. These criteria include, but are not limited to: having the tree listed on the adopted heritage tree list; needing the services of an arborist to address invasive root problems; needing special pruning services to clear tree branches due to utility lines; needing to diagnose disease problems, and having no code violations within the subject property; as listed in the community forest program. (Ord. 863 § 2, 2004)

A. Permit Required. No person shall prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period, affecting twenty-five percent or more of the crown and/or the volume of foliage and branches of any heritage tree without first obtaining a permit pursuant to this section. No person shall root prune, relocate or remove any heritage tree without first obtaining a permit pursuant to this section. No permits are required for maintenance trimming.

B. Application. All persons, utilities and any department or agency located in the city shall submit a permit application, together with the appropriate fee as set forth by city council resolution, to the community development department prior to performing any work requiring a permit as set forth in this section. The permit application shall include the number, species, size, and location of each subject tree, a clear description of the work being proposed, and the reason for the requested action. An arborist report must also be submitted.

C. Process. Permits for heritage tree removal or pruning over twenty-five percent within a three-year period are discretionary and are approved by the planning commission only in accordance with CEQA and if the findings in this section can be made.

D. Findings and Conditions.

1. The tree removal is in the public interest based on one of the following:

a. Because of the health or condition of the tree, with respect to disease or infestation; or

b. For safety considerations or danger of falling on persons or property; or

c. In situations where a tree has caused, or has the potential to cause, unreasonable property damage.

2. Pruning, root removal, and all other feasible alternatives to removal have been applied and were not sufficient to resolve the problem.

3. Replacement trees and locations have been identified, and as a last resort in-lieu fees were paid as a condition of the permit in accordance with Section 12.12.190, especially subsections D and E of Section 12.12.190.

4. The removal of the tree would not be contrary to the purposes of this chapter or Chapter 17.64.

5. The approved pruning of heritage trees shall be conducted in the presence of a licensed certified arborist.

E. Hearing Notice. All public hearing notices for a heritage tree removal permit shall be posted in three public places, including the site, at least ten working days prior to hearing date, and shall be published in at least one local newspaper. (Ord. 954 § 2, 2011; Ord. 863 § 2, 2004)

It is unlawful for any person to break, injure, deface, mutilate, kill or destroy any street tree (heritage or non-heritage tree) or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street in the city, nor shall any person place, apply, attach or keep attached to any such tree or to the guard of stake intended for the protection thereof any wire, rope, (other than one used to support a young or broken tree) sign, paint, or any other substance, structure, thing or device of any kind whatsoever, without having first obtained a permit so to do. (Ord. 863 § 2, 2004)

A. Protection of Trees. New residential or commercial development, including driveways and parking areas, shall be sited and designed to minimize cutting of trees, especially trees that provide screening from neighboring properties or provide buffer between different uses. A plan for tree protection and preservation may be required at the time the development application is submitted.

B. Tree Planting, Pruning and Maintenance. The city may make available to the public a “planting, pruning, and maintenance brochure,” and may provide technical assistance as funds become available in the community tree and forest management account. This brochure should also include guidelines for where not to plant trees, such as under power lines, too close to the neighboring property lines, and so forth.

C. Safeguarding Trees During Construction, Demolition or Tree Removal. For the purpose of safeguarding trees during construction, demolition or tree removal, the following conditions should apply to all trees other than trees for which a removal permit has been issued:

1. Pre-construction Guidelines. Prior to the commencement of construction, demolition or tree removal, all trees on the building site should be inventoried by the owner or contractor or project arborist as to size, species and location on the lot, and the inventory should be submitted on a topographical map to the community development director. This condition may be waived by the community development director for tree removal and minor demolition.

2. The property owner, contractor or project arborist shall be required to erect protective barricades around the dripline of all trees to be retained on the site to provide protection during construction. These barricades must be in place prior to the start of any construction or demolition activities. Under certain conditions where soil compaction is probable, fences may also be required around a tree or grouping of trees.

3. Earth surfaces within the dripline of any tree should not be changed or compacted. All equipment, construction material, and soil storage shall be kept beyond the dripline of trees.

4. Wires, signs and other similar items should not be attached to trees.

5. Cutting and filling around the base of trees should be done only after consultation with a certified arborist. Wherever cuts are made in the ground near the roots of trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots.

6. Pruning cuts shall conform to ANSI arboricultural standards and should not cut into the branch bark ridge or collar, or leave a stub. Please refer to the “Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices (Pruning)” published by the American National Standards Institute, Inc. (ANSI) for pruning practices. In cases of conflict between pruning standards, the standards in this chapter shall apply.

7. Damage to any tree during construction, demolition or tree removal should be immediately reported by the person causing the damage, the responsible contractor or the property owner to the community development director, and the contractor and/or owner should treat the tree for damage in the manner specified by the city’s contract arborist, and/or public works director.

8. The property owner is responsible for care of all trees that are to remain on the site.

9. Failure to protect or maintain trees on construction/demolition sites is a violation of this code and grounds for suspension of the building permit.

D. Safeguarding Trees that are Required to be Planted as a Condition of Tree Removal Permit Approval.

1. Trees required to be kept on a building site and trees required to be planted as a condition of tree removal permit approval shall be maintained according to accepted arboricultural practices. If the tree dies the applicant shall be required to replace the tree as many times as necessary.

2. At no time shall these trees be moved without the issuance of a valid permit.

3. Nothing contained in this section shall be deemed to replace or revoke any requirements for the safeguarding of trees found elsewhere in this code or in the ordinances and procedures of the city. (Ord. 863 § 2, 2004)

Any tree service company employed by an owner or public utility to carry out any act for which a permit is required under Section 12.12.110 or Section 12.12.180 shall comply with the city’s tree pruning guidelines, obtain a city operation permit, a clearance from the community development director, and shall include the services of certified arborist, a certified tree climber/trimmer, proof of contractor’s license and insurance. Refer to list of city approved tree pruning businesses, tree trimmers, licensed contractors and certified arborists. Property owners pruning their own trees shall also comply with the provision of this chapter. (Ord. 863 § 2, 2004)

The community development director may make available to interested persons, copies of:

A. The community forest management ordinance;

B. Summary handouts regarding the ordinance;

C. The “Capitola recommended tree planting list;”

D. The “Capitola heritage tree list;”

E. The “Heritage Tree Walk” brochure;

F. The community forest program;

G. Pamphlets describing where, when, how and what tree to plant, listing the various choices for size, architectural, structural, leaf and bark color, and other elements of the trees;

H. The city’s “list of certified arborists, tree trimmers, and licensed contractors;”

I. The “Planting, Pruning and Maintaining Trees” brochure; and

J. The “Environmental and Socio-Economic Benefits of Trees” brochure. (Ord. 863 § 2, 2004)