Capitola Municipal Code Art. IV Tree Removal and Replacement

A. Permit Required. Except as herein provided, no person may, in the city, cause the cutting or intentional killing of any tree within the city unless a tree removal permit has been obtained and has been prominently displayed in the area of the cutting for the time provided in this chapter. As part of any development application considered by it, the planning commission, or the community development director, may allow tree removal or pruning, as applicable. All trees within environmentally sensitive habitat areas shall require a tree removal permit, and issuance of such permits for tree removals, pruning, cutting and trimming shall be consistent with Chapter 17.64, the environmentally sensitive habitats ordinance. Any tree removal or pruning activity must be specifically allowed in the permit. Refer to Section 12.12.110 for permit process for removal and pruning of heritage trees.

B. Pruning Allowable without Permit.

1. Non-heritage trees located on lots used solely as a single-family residence or duplex and not located within environmentally sensitive habitat areas may be pruned as follows:

a. One-fourth or not more than twenty-five percent of the tree’s height;

b. One-fourth or not more than twenty-five percent of the volume of its foliage and branches;

c. Within environmentally sensitive habitat areas as described in Chapter 17.64, Environmentally Sensitive Habitat Areas, all degrees of pruning shall be defined as “cutting” and shall require a permit.

2. The foregoing measurements are based on the largest size ever obtained by the existing tree. If that size cannot be precisely determined, then the community development director’s best estimate of largest size shall be utilized. In the later case, the community development director would utilize average tree size information from standard landscape books, such as the Sunset Book and take into consideration local soil and other circumstances to make the final decision.

3. Pruning of trees should be done only as needed, but not more often than every two years, to ensure pruning is not causing a hardship for the tree.

C. Topping/Heading Cuts Prohibited. Topping, heading cuts to public and private trees is prohibited. Topping/heading cuts are often done to reduce a tree’s size by shortening of limbs or branches back to a predetermined crown limit. It can result in indiscriminate cutting back of major limbs to stubs or to lateral branches that are not large enough to assume the terminal/leader role. It weakens the tree structure, causes inappropriate and rapid growth, and may result in reduced vigor, disease, decay, decline, or sudden death of the tree.

1. Alternative to Topping/Heading. There are times when a tree must be reduced in height or spread. Pruning methods approved by the International Society of Arboriculture such as “crown reduction” is recommended in these instances. “Crown reduction” is the selective removal or reduction of major limbs to proper lateral branches to decrease height and spread. “Thinning cuts,” “drop-crotch pruning” and “end weight reduction” are used to reduce the length and weight on the ends of branches. These pruning methods result in healthier more natural appearing trees, where new branches will not be hanging and attached only to the outside of the tree trunk but will structurally grow from the tree itself.

2. Providing Clearance for Utility Lines. There are recommended techniques for line clearance by the ISA, such as “directional pruning.” This method includes the removal of branches with proper cuts to direct the growth of the crown and limbs away from and around conductors. If a branch must be shortened, it should be cut back to a significant lateral that is large enough to assume the terminal role or the “leader” role. A rule of thumb for this is to cut back to a lateral that is at least one-third the diameter of the limb being removed, so the lateral can take over the structural role of the central or lateral leader. For more information refer to brochures from the International Society of Arboriculture available at the community development department.

D. Permit – Public Utility or Agency. Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the state and constituted public agency authorized to provide and providing utility service, shall apply for an annual permit for trimming and/or other tree related work; such permit shall include specific guidelines and conditions reflecting requirements in this chapter, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the city or which grow upon private property, to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said commission and as may be necessary to maintain the safe operations of its business, as well as be in compliance with the provisions of this chapter. (Ord. 863 § 2, 2004)

Fruit-bearing trees are exempted from the provisions of this chapter, with exception of large and mature fruit trees that could fit the definition of a heritage tree. (Ord. 863 § 2, 2004)

A. 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, description of replacement trees, location and schedule of planting, and the reason for the requested action. An arborist report may be required, and if approved, notice of the tree removal shall be posted on site and at City Hall ten working days prior to the removal.

B. Process. Permits for non-heritage tree removal or pruning are ministerial and are approved by the community development director or designee. A staff in the public works department can approve the removal of a non-heritage tree only if the findings of subsections (C)(1) through (C)(4) of this section can be made. If these finding cannot be made, the application shall be transferred to the planning staff for further review and canopy coverage evaluation. The city may require the applicant to pay for services of an arborist under contract to the city, to provide recommendations and/or a written evaluation or report regarding the tree. Then, based on the city’s evaluation or report, the director would make a decision as to whether or not the tree should be removed. The community development director shall make all findings listed below prior to a tree removal determination. The director may require planning commission review and approval of the permit.

C. Findings.

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 infestation, or danger of falling;

b. Safety considerations; or

c. In situations where a tree has caused, or has the potential to cause, unreasonable property damage and/or interference with existing utility services.

2. All possible and feasible alternatives to tree removal have been evaluated, including, but not limited to undergrounding of utilities, selective root cutting, trimming and relocation.

3. The type, size and schedule for planting replacement trees is specified and shall be concurrent with the tree removal or prior to it, in accordance with Section 12.12.190(F) and (G).

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

5. Replacement trees in a ratio of two to one as needed to ensure that with replacement trees a canopy coverage of at least fifteen percent will result, and location(s) for tree replanting are selected, and/or as a last resort, in-lieu fees have been paid as a condition of the permit in accordance with Section 12.12.190. Replacement trees and/or in-lieu fees are not required if post-removal tree canopy coverage on the site or parcel will be thirty percent or more.

D. Canopy Coverage Review. On individual lots, it is the goal of the city to maintain a fifteen percent coverage of tree canopy, consisting of flowering, deciduous trees and evergreen trees. Canopy coverage goals shall be evaluated as part of: (a) tree removal requests for trees that are not found to be diseased, infested, or hazardous; (b) as part of review of development applications on vacant properties; and (c) as part of tree replacement requirements that cannot be met on site. Tree removal requests may be approved for trees that do not meet the findings in relation to canopy coverage as stated in Section 12.12.180(C)(5), if it is determined that the site canopy coverage goal will be maintained or exceeded with removal of the tree. Replacement trees and/or in-lieu fees are not required if post-removal tree canopy coverage on the site or parcel will be thirty percent or more. If other city regulations such as the 41st Avenue Design Guidelines establish a different and/or higher tree-planting standard than the requirement of fifteen percent canopy coverage, the higher standard shall apply.

E. Effective Date of Permit. The decision of the community development director shall be final unless appealed to the planning commission by the permit applicant or any other aggrieved person pursuant to this section. Unless appealed, the permit shall take effect ten working days after it is issued, except where the tenth day occurs on a Saturday, Sunday or holiday, in which case the effective date shall be extended to the next following business day. All work performed on any trees, including designated heritage trees pursuant to a permit as provided in this section shall be completed within forty-five days from the effective date of the permit, or within such longer period as the director may specify, and in case of replacement trees work shall be completed in accordance with Section 12.12.190(F).

F. Appeals. Any person aggrieved by any act or determination, contained, provided or granted in this chapter shall have the right to appeal the director’s decision within ten working days from approval or denial, to the planning commission, and the planning commission’s decision to the city council of the city, whose decision, after public hearing on said matter, shall be final.

All appeals must be in writing, state the reasons therefore, and must be made within ten working days of permit approval and delivered to the office of the city clerk. Community development director decisions are appealable to the planning commission. Planning commission decisions are appealable to the city council. However, the city council, at its sole discretion, may determine whether to hear or not to hear any such appeal. If the council decides not to hear or consider the appeal, the planning commission decision shall be final. All appeal hearings shall be de novo. Any tree related permit which has been issued and which has been appealed shall, during any appeal period, be suspended. (Ord. 863 § 2, 2004)

A. Tree Replacement Ratio. An approval for tree removal under this chapter shall be conditioned upon the applicant planting, at some other location on the subject property, replacement trees to compensate for the removed tree(s) on a ratio of at least two trees or more for each one tree removed, as determined by the director. Replacement trees and/or in-lieu fees are not required if post-removal tree canopy coverage on the site or parcel will be thirty percent or more. Native trees grown from locally or regionally collected stock are preferred, in the case where a native tree is not appropriate as determined by the community development director, a non-invasive exotic tree may be planted.

B. Tree Replacement Size to be Planted On Site. The community development director and/or his or her designee shall approve the type and size of replacement trees. Generally, twenty-four-inch box or larger trees should replace trees located upon properties zoned or used in whole or in part for commercial purposes. Fifteen gallon or larger trees should replace those located upon residential properties. Size of tree could vary per recommendation of a certified arborist and acceptance by the community development director and/or designee. For replacement selection, the applicant should refer to Section 17.72.030, and/or to the community forest program. Trees to be planted on public property or on sensitive habitat zone shall be based on the community forest program guidelines and performance standards developed pursuant to Section 12.12.050, Community forest program. Replacement of canopy coverage calculations can be determined on the basis of the size of the subject trees removed, or based on standard landscape guides, such as the Sunset Book.

C. Replacement of Canopy Coverage Related to Development Applications. New construction and major remodels of residential and commercial structures shall trigger a canopy coverage review. The goal of the city is to reach and maintain at least fifteen percent tree coverage per lot on an on-going basis. Project conditions of approval shall require planting or replacement of all or part of the trees necessary to meet the city goal per discretion of the community development director and/or the planning commission as applicable. Planting and replacement should be done within the same lot, possibly in different locations. As a last resort, should tree planting on site not be possible due to existing, nonself-imposed hardship and/or topographic conditions, a variation of this requirement may be considered with the payment of in-lieu fees.

Nonself-imposed hardship shall mean the unusual form or shape of a lot, existing rock outcroppings on the property, or other topographic feature desired to be protected, or any site physical circumstance that does not allow the applicant to enjoy the same privileges as neighbors have by planting a tree, and/or a circumstance which negatively affects adjacent properties. Circumstances may also include needed sun exposure, visibility of business signs, and other such fundamental reasons that would not justify the planting of a replacement tree on site. If the trees are found to be diseased, infested or hazardous, then canopy coverage replacement is not activated. Replacement trees and/or in-lieu fees are not required if post-removal tree canopy coverage on the site or parcel will be thirty percent or more.

D. In-Lieu Fees for Trees and Canopy Coverage Replacement. An approval for tree removal under this chapter is conditioned upon the applicant planting, at some location on the subject property, replacement trees and canopy coverage, or as a last resort if all other locations on site are found infeasible, pay in-lieu fees to compensate for the planting and maintenance of those trees by the public works director somewhere else off site.

E. In-Lieu Fee Structure. The applicant shall pay the in-lieu fees in effect at the time as established by city council resolution. In-lieu fees would include a deposit and be based on a cost recovery system for the planting and maintenance of trees and canopy percentage to be planted and/or replaced. The cost recovery system is to be approved by the public works director and/or be based on the tree guide published by the International Society of Arboriculture. The fees shall be deposited in the community tree and forest management account administered by the public works director.

In-lieu fees shall be established by city resolution and include the following:

1. For tree replacements off site; and

2. For canopy coverage replacements in relation to healthy trees removed or to conditions on new development applications.

F. Time Limits for Replacement. Permits for tree removal shall not be issued until five hundred dollars have been deposited with the city to secure the applicant’s obligation of planting the replacement tree, unless the director receives proof that the replacement tree has been planted prior to tree removal or will be planted at the same time as tree removal. If the replacement tree is not planted as required, the city may utilize the money for the expenses (including, but not limited to, staff time) in effecting the planting of the replacement trees.

G. Maintenance of Replacement Trees. Whenever a permit has been issued on the basis that the applicant will be planting a replacement tree, the applicant must agree to maintain those trees, and to refrain from destroying such trees regardless of the size of the tree. If the tree dies, the applicant shall be required to replace the tree as many times as necessary.

H. Tree Removal and Replacement Fees. The applicant shall pay a permit fee for tree removals and in-lieu fees as applicable, and set forth in the city council fee resolution. The fees would include a deposit and would recover all staff costs for processing, planting, and maintaining trees to replace lost canopy coverage. (Ord. 954 § 3, 2011; Ord. 863 § 2, 2004)

A. Declaration of Public Nuisance. Based on recommendations of the community development director or the public works director, the city council by resolution may declare tree (heritage and non-heritage tree) to be a public nuisance to be abated as set forth in this section if it is found that any tree growing on private property, when infested by any insect or infected by reason of such infestation or infection, endangers the life or growth or healthful existence of other trees within the city not so infested or infected, or any trees determined to be a danger to persons or property.

B. Notice to Abate Public Nuisance. After the passage of such resolution, the community development director shall cause to be conspicuously posted on the property upon which such public nuisance is alleged to exist, not less than ten working days prior to abatement, not less than three notices headed “notice to abate public nuisance,” such heading to be in letters not less than one inch in height and substantially in the following form:

NOTICE TO ABATE PUBLIC NUISANCE

Notice is hereby given that on the _______ day of ________, 20____, the City Council of the City of Capitola passed a resolution declaring that certain (trees) located upon (description of property) are infested with insects, infected with disease, or a clear and present danger to persons or property, and that the same constitute a public nuisance which must be abated by the removal of the same, otherwise they will be removed and the nuisance abated by the City, in which case the cost of such removal shall be assessed upon the property from which such (trees, or other plants) are removed, and such cost will constitute a lien upon such property until paid. Reference is hereby made to said resolution for further particulars.

Any person objecting to the proposed removal, as aforesaid, is hereby notified to attend the meeting of said City Council to be held in the Council Chambers in City Hall at (time) on the _____ day of _____, 20___.

C. Nothing contained in this section shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his or her property or under his or her control in such a condition as to prevent it from constituting a public nuisance as defined in this section. (Ord. 863 § 2, 2004)

In the event of an emergency whereby immediate action is required because of disease or because of imminent danger to life or property, a non-heritage and a heritage tree may be pruned, altered or removed by order of the public works director or by order of the police chief. The person ordering the pruning, alteration or removal shall file a report listing findings to justify the tree removal as follows:

A. Removal Findings for Heritage Trees. That the emergency removal of the heritage tree is in the public interest because of the health condition of the tree with respect to disease, infestation, or danger of falling on persons or property; that other feasible and safe alternatives to removal have already been explored or applied and would not or did not resolve the problem; that replacement trees and locations have been identified and scheduled for planting. The report shall also include photos and tree documentation for heritage trees and trees in the sensitive habitat areas.

B. Removal Findings for Non-Heritage Trees. That the emergency removal of non-heritage trees is in the public interest because of the health conditions of the tree with respect to disease, infestation or danger of falling on persons or property; that other feasible and safe alternatives have been evaluated and that replacement trees and locations have been identified and scheduled for planting.

C. The report shall be filed within five days from removal with the community development director. The community development director shall forward copies of the report to the planning commission and council for their information. (Ord. 863 § 2, 2004)

The removal and replacement of any trees, including heritage trees, shall be in compliance with the Americans with Disabilities Act regulations, such as for path of access and cross slope. This would avoid creating barriers to disabled access. (Ord. 863 § 2, 2004)