Ceres Municipal Code Ch. 05 Street Trees

The ordinance codified in this chapter shall be known and may be cited as the "Street Tree Ordinance of the City of Ceres."

(Ord. No. 2020-1057, § 2, 3-23-2020)

The purpose of this chapter is to implement the urban forestation goals as established in the general plan. This chapter implements the planting and preservation of street trees, and regulates the maintenance and removal, and establishes the varieties, minimum size, methods, and locations for the planting thereof, and other related matters.

(Ord. No. 2020-1057, § 2, 3-23-2020)

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Block means any and all real property located between two public thoroughfares except alleys.

City means the City of Ceres, the City Council thereof, the Director of Public Works, or any employee or agent duly appointed to administer the provisions of this chapter.

Curbline means the face of existing curbs, or to the locations at which the curb face is to be built in conformance with the master plan of streets and highways, design standards, or approved improvement plans.

Department means the Public Works Department.

Developer shall mean a person having a legal or equitable interest in real property for the development of the property.

Director means the Director of Public Works or his designee.

Landscape strip shall mean the area between any curb and the public sidewalk at locations where the public sidewalk is separated from the curb for the purpose of landscaping.

Landscaping shall mean any trees, bushes, grasses, irrigation, hardscape or other decorative feature.

Maintain or maintenance when used in reference to street trees, means pruning, spraying, mulching, fertilizing, cultivating, supporting, root pruning, treating for disease or injury, or any other similar act which promotes the life, growth, health or beauty of street trees.

Owner means the legal owner of real property and does not include a lessee or other person occupying such property with the consent of the owner.

Person means any individual, firm or corporation, or combination thereof, and includes the singular and plural use of meaning thereof.

Planting easement means that portion of land made available as a public easement for the purpose of planting and maintaining City street trees.

Planting strip means that portion of the public right-of-way between curb, or curbline, and the adjacent property line used for the purpose of planting and maintaining City street trees.

Street tree area shall mean that area between public street right-of-way lines plus five feet beyond the right-of-way on each side thereof.

Street trees shall mean any tree within the street tree area.

Tree means plant materials having a single upright woody stem or trunk, maturing at a height in excess of 15 feet and developing a minimum canopy of 12 feet.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Trees shall be planted on every developed parcel within the City. The developer shall be responsible for the trees required per this chapter when a single-family lot is created or, for commercial, industrial and multi-family projects, according to the approved landscape plan in accordance to City standards and specifications.

The City shall adopt a list of recommended tree species to be planted in the street tree area. The list shall be provided to developers of new development projects.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Prior to the planting of any street tree, the Director of Public Works shall notify the property owner for the purpose of selecting the species of tree to be planted, the site of the planting, and the care and maintenance required for the proper growth and cultivation of the tree. The property owner may request an alternate species of tree to be planted and/or site of the planting. If an agreement cannot be reached, or if the property owner does not respond to the notice of selection within 30 days, then the judgment of the Director shall be final. The Director shall provide a minimum of 15 working days for the owner to respond to the notice of selection.

Upon resolution to a response to the notice of selection from property owners, or upon the elapse of the 15 working days for the response to the notice of selection, the Director shall cause said trees to be planted.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. It shall be the responsibility of the property owner to provide maintenance as defined previously to any street tree located in a planting strip abutting his property or within the bounds of his property as necessary to promote healthy growth and to protect improvements within the planting strip or yard, and to do such maintenance as can be done from the ground to preserve the neat appearance and unobstructed use.

B. Except as otherwise provided in this chapter, within the limits of funds provided in the City budget, and in accordance with established City policy, the City shall be responsible for all major pruning or other tree surgery of trees planted on a public right-of-way.

C. No person shall cut, carve, mutilate, or otherwise do harm to any tree in any park, planting strip, or public place or prune or top any tree except as provided in this chapter, or apply to allow to exist upon any planting strip or tree any substance harmful to the tree.

D. Notwithstanding other provisions of this chapter, it is the duty of every person owning or occupying land or lots of land within the City to keep all private trees extending over any street or alley trimmed to a height of not less than 12 feet, except that a height of not less than eight feet shall be permitted over the sidewalk area. It is also the duty of every such person to keep said space clear of debris. All provisions of section 12.01.090 shall apply to this chapter.

E. Street trees placed after adoption of the ordinance codified in this section shall be placed a minimum of 20 feet from any street light or sign and shall be maintained in such a manner as to prevent any limbs from encroaching within ten feet of any street light pole, sign pole, street name sign and other similar type of equipment or signs, as determined by the Director of Public Works Director or City Engineer.

F. Street trees shall be maintained so as not to become a hazardous condition, as determined by physical inspection by the City Engineer, Public Works Director or their designee.

G. Street trees placed prior to adoption of the ordinance codified in this section shall be maintained in such a manner as to minimize interference with distribution of lighting from any street light or visibility of any sign, and to provide adequate clearance for unobstructed pedestrian and vehicular view of all authorized traffic signals, street lights, regulatory signs, street name signs, and other similar type of equipment or signs as determined by the City Engineer or Public Works Director.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. No person shall remove or relocate any street tree without prior authorization issued by the Public Works Department of the City. A street tree may be removed by the City for any of the following reasons:

1. A tree obstructing sight distance necessary for safe operation of vehicles at street intersections, or obscuring in an otherwise incurable manner any traffic or railroad crossing signal or other safety device;

2. Any condition deemed to be an immediate safety problem to life or property which cannot otherwise be corrected;

3. A tree which is dead, decayed or diseased beyond correction;

4. Planting without permit, improper location or variety, or prohibited type;

5. Damaging improvements including sidewalks, curb, gutter, and utilities.

B. Upon removal of such tree (or trees), the City shall replace the tree with a tree of a species approved by the Department subject to annual budget constraints. Tree replacement may not be required when the location would be in conflict with drives, walks or other construction permitted in public rights-of-way, planting strips, or which is not suitable for planting. A written release signed by the City, stating the reason for not requiring a replacement, shall be issued.

C. In the event a property owner desires to remove a tree from the planting strip or easement abutting their property, they or their authorized agent shall first apply to the Department for approval for removal. The Director shall determine whether or not such tree is required to be retained in order to preserve the intent and purpose of this chapter. In making his determination, the Director shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and consider also the condition, age, desirability of variety, and location of the tree. If the Director finds that the tree may be removed without violating this chapter, the Director may authorize the property owner to remove such tree at the property owner's own expense and liability. If a permit is granted for removal of a street tree, all removal work shall be completed within 60 days from the date of issuance of the permit, and shall be under the general supervision of, and in accordance with, rules established by the Director. All tree stumps shall be removed to a depth specified by the Director. All removal permits shall be void after the expiration of 60 days from the date of issuance, unless extended by the Director.

D. The Director or a designated representative may inspect any tree adjacent to or overhanging any public street in the City to determine whether the same or any portion thereof is in such a condition as to constitute a safety problem or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property that is not a City tree and interferes with the use of any street and, in the opinion of the Director, endangers the life, health, safety, or property of the public utilizing the street shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten days after receipt of written notice thereof from the Director, the Director may cause the nuisance to be abated. The cost of the abatement shall be paid by the owner within ten days after being notified of the cost thereof. 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 property or under his control in such a condition as to prevent it from constituting a public nuisance as defined in this section. Nothing in this section shall preclude the immediate removal or abatement by City forces of any obstruction, nuisance or overhang that is a public safety hazard.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. Except as otherwise provided in this section, within the limits of funds provided in the City budget, the City will supply, replace, plant and maintain street trees in all planting strips and planting easements within the City.

B. The planting and replacement of a street tree shall be a condition included in any permit issued by the City for removal of any street tree (pursuant to section 12.05.070), or any appropriate permit issued for construction of new single-family, multi-family, industrial or commercial project. Trees to be planted shall be in accordance with adopted City standards and the following criteria:

1. No trees shall be planted within 25 feet of a curb return, Only approved species may be planted less than eight feet from the sidewalk.

2. At least one street tree shall be planted on each residential lot within the City. On corner lots, a minimum of two or more street trees shall be planted. A street tree may be omitted only if the trees would be planted less than 25 feet apart or closer than is appropriate for healthy growth of the species of tree proposed. In no case shall the trees be planted more than 70 feet apart.

3. In any commercial or industrial zone, the tree planting shall be incorporated in landscaping plan for the site.

4. Where it is necessary to provide a sidewalk from the curb to the right-of-way line, unless otherwise authorized by the Director, openings of not less than four feet square, centered around existing trees or located as directed by the City, shall be provided. Provisions for such tree wells shall include the planting of the street tree. Specifications are included in the City standards.

5. Fees shall be established and set by resolution to cover the cost of furnishing, locating, planting, fertilizing and maintaining street trees. Fees are to be collected at the time of filing of final map, parcel map or the issuance of a building permit in new residential subdivisions.

6. No street tree shall be planted in a planting strip abutting property which is undeveloped. In any such case where the planting of a street tree is required, the cash-in-lieu deposit shall be accepted and used by the City for the purchase and planting of trees when the property has been occupied. The developer shall pay a fee as set by resolution for inspection of the installation of the street trees and post a bond for the remainder of the amount. Upon acceptance of the planted street trees, the Director shall cause a refund of the bond to the developer. The amount retained by the City shall be an administrative fee for processing the agreement for planting, inspections, first year's maintenance (including replacement within three years), and release of deposited funds.

7. This section shall not prevent any person, firm or public utility from installing and maintaining any overhead wires or underground pipes or conduits lawfully on, over or under public streets, public rights-of-way or planting strips, subject to the provisions and requirements of Titles 12 and 17. The Director, when reviewing plans for planting, maintenance, or removal of street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits and shall avoid unnecessary disturbance to or relocation of these facilities.

C. The owner of a parcel of property upon which a requirement exists that a street tree be planted, may make a request to the Director of Public Works of the City for an exemption from the street tree planting requirement. The Director of Public Works, or his designee, shall review the facts and circumstances regarding such request, and shall grant the request for exemption if any one of the following circumstances is found to exist:

1. One tree has been planted in the front yard of said parcel or lot (two trees for corner lots or parcels), and the tree or trees planted meet the following criteria:

a. The tree, or trees, must be in good condition.

b. The type of tree, or trees, planted must be able to develop a canopy of at least 12 feet at maturity.

2. The configuration of the specific lot or parcel is such that the proposed street tree cannot be planted at least 25 feet from any adjacent street tree.

3. The proposed street tree shall be placed a minimum of 20 feet from a City street light.

4. The home located upon the lot or parcel has been occupied for more than five years, is developed with existing landscaping, and no City street tree has been planted pursuant to the provisions of this chapter.

5. The owner or owners of the lot or parcel agree that they will plant a species of tree acceptable to the Department of Public Works as part of the front yard landscaping of said lot or parcel. The species of tree selected for planting must in all cases be capable of developing a canopy of at least 12 feet at maturity. Such tree must be planted within one year from the date of the agreement, and if such tree is not so planted, the City shall plant a City street tree in accordance with the provisions of this chapter at the next regular planting cycle.

6. The owner or owners of the lot or parcel, residing upon the premises, can establish a valid medical condition which creates a significant hardship regarding the planting, care or maintenance of the tree. If the medical condition relied upon to establish the hardship is an allergy to the species of tree proposed to be planted, then an alternative species of tree, to which the owner is not allergic, shall be planted.

7. The owner or owners of the lot or parcel requests that no trees be planted on his parcel, provides written authorization from the immediately adjacent lot or parcel allowing the planting of the tree on their parcel and the Director approves such a relocation. It must be possible to plant the additional tree not less than 25 feet from any existing street tree. Should the request for exemption be denied by the Director, such notice of denial shall be given to the owner of the property in writing who requested the exemption.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. During the erection, repair, alteration or removal of any building, house or structure in the City, no person shall leave any tree in any public street in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree.

B. No person shall remove, trim, prune, spray, or cut any street trees in a planting strip or easement without first obtaining permission from the Director, unless otherwise authorized in other provisions of this Code.

C. No person shall interfere or cause any person to interfere with any work being done under the provisions of this chapter by any employee of the City, or by any person or firm doing work for the City or under a permit granted by the City.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain permission from the Director before performing any maintenance work on the wires, pipes, or conduits which would cause injury to street trees. The public utility shall in no way injure, deface, prune or scar any street tree until their plans and procedures have been approved by the Director.

B. The Director shall be permitted to inspect any and all maintenance or operational work performed by public utilities which might affect street trees. During the performance of the work, if, in the opinion of the Director, it would cause excessive or unnecessary injury to any street tree, the Director shall have the authority to stop the maintenance and operational work and arrange with the public utility another method of maintenance or operational work satisfactory to the City.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Nothing in this chapter shall impose any liability upon the City, or members of the Council or any of its officials or employees, nor relieve the owner or occupant of any private property from the duty to keep any tree, shrub, or plant upon his private property or under his or her control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision from any street, park, alley, or public place within the City.

(Ord. No. 2020-1057, § 2, 3-23-2020)