Colton Municipal Code Ch. 12.20 Trees and Shrubs

Footnotes:

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Editor's note— Ord. No. O-14-18, § 1, adopted Jan. 15, 2019, amended former Ch. 12.20, §§ 12.20.010—12.20.210, in its entirety to read as herein set out. Former Ch. 12.20 pertained to similar subject matter and derived from Ord. No. 976, § 1, 1957; Ord. No. 1221, §§ 1—13, 1965.

The Ordinance codified in Sections 12.20.010 through 12.20.200 shall hereafter be referred to and cited as "City Trees, Shrubs and Tree Protection Ordinance of the City of Colton, California."

The City of Colton is beautified by the presence of many mature trees that contribute long-term aesthetic, environmental, and economic benefits to the City. Aesthetically, trees offer dimensions in the form of color, shape, texture, scale and variety. Mature trees are integral components of vibrant communities historic sites and promote economic prosperity and their presence contributes to the cultural and historic significance of Colton and other communities that protect them.

Environmental benefits derived from trees include the filtering of air pollutants; increasing atmospheric oxygen levels; stabilizing soils; reducing heat convection; reducing storm water runoff; decreasing wind speed; and reducing the negative effects of solar glare. The biological diversity of wildlife and plant communities is enhanced by the favorable conditions created by trees.

The economic benefits derived from trees include increased property values, and additional revenue generated by businesses, visitors and new residents attracted to the urban forest. Trees are a major capital asset to the City and like any valuable asset they require appropriate care and protection.

Therefore, it is the purpose of this chapter to:

A. Preserve and grow the City of Colton's canopy cover by protecting heritage, native and specimen trees in specified areas of public and private property. Expand the protection of street trees and trees located within public areas.

B. Safeguard the City's urban forest by providing for regulation and the protection of trees at the time of planting, as they are maintained and the removal of trees in the City as deemed necessary.

C. Protect and enhance the visual and aesthetic character of the City.

D. Improve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of Colton.

E. Improve the quality of life for residents, visitors and wildlife.

F. Create favorable conditions for the protection of designated heritage, native and specimen trees, for the benefit of current and future residents of Colton.

G. Maintain and enhance the general health, safety and welfare of the City and its residents by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage.

H. Protect and maintain healthy trees in the land use planning processes as set forth herein.

I. Establish procedures and practices for fulfilling the purposes of this City Tree and Tree Protection Ordinance.

(Ord. No. O-14-18, § 1, 1-15-2019)

A. "City" shall mean City of Colton.

B. "Diameter-at-breast (DBH)" means the diameter of the tree 4½ feet above ground on the uphill side of the tree. If a tree forks below breast height, it is considered "a multi-trunk." A measuring tape can be used to measure tree trunk circumference and then the circumference divided by 3.14 to determine diameter.

C. "Established corner yard" means the areas between the side property line and the principal structure on a lot.

D. "Established front yard" means the area between the front property line and the principal structure on a lot.

E. "Hazard" or "Hazardous" means a tree, that has a high failure potential with a risk of total or partial tree failure resulting in damage to private or public property and/or the possibility of causing injury or loss of life when failure occurs.

F. "Injure" means any act or omission which substantially affects or seriously jeopardizes the health of a living tree, in the determination of the Public Works Director.

G. "Heritage Tree" means a tree designated as a historical resource as natural or agricultural features that have special historical, cultural or aesthetic values and are fifty years old or older. Criteria established in Section 15.40.080.

H. "Located" or "location" of a tree means that place where any portion of the trunk of a tree is found at natural grade.

I. "Maintain" or "maintenance" means pruning, trimming, spraying, fertilizing, watering, treating for disease or injury or any other similar act which promotes growth, health, beauty and prolongs the life of trees.

J. "Mature tree" means a tree that has reached a desired or near lifetime growth potential for the canopy for the space and conditions provided for growth.

K. "Median" or "Traffic island" means a raised area within a street right-of-way not used for vehicular traffic, protected by curbing.

L. "Multi-trunk" means any tree with multiple trunks attributed to a single tree. Each trunk shall be measured at a height of 4½ feet above natural grade, and the combined areas of the trunks shall he used to determine the tree's size for the purposes of this ordinance.

M. "Native tree" means any tree with a trunk more than eight inches in diameter at a height of 4½ feet above natural grade that is one of the following species: Quercus agrifolia (Coast live oak), Quercus engelmannii (Engelmann oak), Quercus chysolepis (Canyon oak), Platanus racemosa (California Sycamore), Juglans californica (California Walnut), Quercus berberidifolia (Scrub oak), Quercus Iobata (Valley Oak), Umbellularia californica (California bay), Populus fremontii (Cottonwood), Alnus rhombifolia (California alder), Populus trichocarpa (Black cottonwood), Salix lasiolepis (Arroyo willow), and Aesculus californica (California buckeye) or other less-common native California trees.

N. "Official street tree" means an approved species of street tree designated in the master street tree plan planted in the right conditions for proper growth.

O. "Parkway" means an area between the property line and the back of the curb, or an area between the property line and the area where the face of the curb meets the street.

P. "Planting Strip" when Used herein includes the area between Curb and Sidewalk not intended for Sidewalk purposes.

Q. "Property Owner" means the person listed as the owner in fee simple of a lot or parcel with the office of county recorder or lawfully exercising the power of the property owner with respect said lot or parcel.

R. "Protected tree" means a native, specimen, heritage-eligible, mature (except for the trees in RS or RM-12 zones), or public tree.

S. "Pruning" means the removal of dead, dying, diseased, live interfering, weak branches and thinning of canopies according to the most recent standards of the International Society of Arboriculture (ISA).

T. "Public benefit" means a public purpose, service or use which affects residents as a community and not merely as particular individuals.

U. "Public Street" when herein used includes every way set apart for public travel or use in the City, including the entire planting strip, sidewalk area, easements and rights-of-way.

V. "Public tree" means a tree located in a place or area under ownership or control of the City including but without limitation streets, parkways, open space, parkland and including City owned property under the operational control of another entity by virtue of a lease, license, operating or other agreement.

W. "Replacement matrix" means the table of requirements for planting replacement trees on private property when removing protected tree/s per Section 3.B of the Urban Forest Management Master Plan.

X. "Specimen tree" means any tree meeting the criteria established by resolution of the City council by species and size of tree which is thereby presumed to possess distinctive form, size or age, and to be an outstanding specimen of a desirable species and to warrant the protections of this chapter.

Y. "Street" means any public right of way regardless of whether it is described as a street, avenue, road, boulevard, drive, lane, court, place, alley, or by any other such designation.

Z. "Street tree" means any public tree whose trunk is located primarily within any parkway, public sidewalk, street median, traffic island or other right of way under ownership or control of the City by easement, licenses, fee title or other permissive grant use.

AA. "Tree" means a woody perennial plant that typically has a single main trunk with clear apical dominance (i.e.. one primary stem is significantly larger than the secondary stem/s). Multi-trunk trees are determined based on species and growth habit.

BB. "Tree Protection Zone" means an area where construction related activities are prohibited or limited to prevent injury to trees, especially during pre-construction and during construction. The area includes the Critical Root Zone and/or beyond determined by a Certified Arborist.

CC. "Urban Forest Management Master Plan" means the comprehensive street tree plan approved by the City Council, which outlines tree care practices, provides guidelines for managing our City's trees, private trees and also lists the official street tree to be planted or replaced for all streets or sections of street within the City.

(Ord. No. O-14-18, § 1, 1-15-2019)

It shall be the duty of the Public Works Director to:

A. Authorize City employees, private contractors or authorized volunteers to plant, maintain and otherwise care for, or, if necessary, remove public trees:

B. Prepare an annual program for tree planting, tree care and removals in public places of the City;

C. Recommend to the City council changes or additions to the master street tree plan as needed;

D. Inspect the planting, maintenance and removal of all public trees by qualified staff or private contractor;

E. Develop maintenance standards as they relate to trees in public places;

F. Make determinations on public tree removal based upon tree reports prepared by Certified Arborists and considering other relevant facts, and upon established public tree removal criteria:

G. Review development and construction plans as they affect mature, heritage, heritage-eligible, native, public and specimen trees;

H. Act as or delegate an advisor to the Parks Commission of the City;

I. Prepare and submit tree protection guidelines, and the specimen tree list, and any revisions thereto to the City Council for adoption by resolution;

J. Issue permits and make determinations specified under this chapter:

K. Maintain a comprehensive inventory of public trees; and

L. Act as the enforcement official who is designated to issue a compliance order or an administrative citation to enforce this chapter Section 12.20.040 herein.

(Ord. No. O-14-18, § 1, 1-15-2019)

No person, firm or corporation shall trim, prune, plant, injure, chemically treat or interfere with any tree, shrub or plant upon any public street, planting strip, parkway, easement or alley in the City without permission from the Public Works Director. The Public Works Director is authorized to grant a permit at his/her discretion, provided, however, such authority shall not arbitrarily be withheld. Any request for permission to remove any tree from any street in the City shall be in the form of a permit application submitted to the Public Works Director, clearly stating the reasons for such a request. Any tree, plant or shrub removed for the benefit of the applicant, as determined by the Public Works Director shall be removed by and at the expense of the property owner and under his/her direction. Such removal shall be completed within thirty days from the date the original permit was issued. Extensions may be granted on a case by case basis. Proper replacement trees shall be installed per Section 3.B of the Urban Forest Management Master Plan Guidelines.

(Ord. No. O-14-18, § 1, 1-15-2019)

Tree protection guidelines are the standards and specifications for the protection of trees under this chapter. The tree protection guidelines, and any revision thereto, shall be effective as of the date of their adoption by resolution of the City Council.

A. Tree protection guidelines are the standards and specifications for the protection of trees under this chapter. The tree protection guidelines, and any revision thereto, shall be effective as of the date of their adoption by resolution of the City Council.

B. All departments, agencies and personnel of the City shall consult with the Public Works Director prior to engaging in any action which would require the removal of, or which would otherwise substantially affect or seriously jeopardize the health of any existing public tree.

C. It shall be the policy of the City to protect and maintain mature and healthy trees. Special consideration shall be afforded to mature, public, landmark, landmark-eligible, native and specimen trees as forth in this chapter.

D. The preservation of mature trees is strongly considered during an application for any permit or approval. A decision may be made through the design review process or other entitlement process to waive development standards or accept alternative solutions to assist in the preservation of these trees. The review authority or director, if there is no other review authority, may modify the development standards or accept alternative solutions to these standards.

(Ord. No. O-14-18, § 1, 1-15-2019)

The duties of any owner of private property whose property has a City easement are as follows:

A. To accept, protect and provide adequate water to any City tree planted in the public easement over his or her property, and not to interfere with the City's provision of water to such trees;

B. To notify the Public Works Director of any suspected tree hazards or maintenance needs of any City tree to his or her property;

C. To remove any vines from City street trees planted in the easement within his or her property;

D. To remove all fallen leaves and other deadfall from any City tree planted in the public easement over his or her property dispose of the deadfall in an appropriate waste receptacle.

It shall be unlawful and a violation of this chapter to allow any tree, shrub or plant located primarily on private property to create a hazard or to create danger or likelihood of harm to any public place, public area, parkway or street or to public health, safety or welfare.

(Ord. No. O-14-18, § 1, 1-15-2019)

Any person, firm or corporation maintaining any overhead wires or any pipes or underground conduits along or across any street, parkway or alley in the City, or owning any property abutting upon any street, parkway or alley in the City desiring to have any tree, shrub or plant cut, trimmed, pruned or removed shall file with the Public Works Director a written request that such work be done, and such request shall describe the work desired to be done and it shall be within the discretion of the Public Works Director to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the manner and within the time stipulated by the Director before the issuance of any permit hereunder.

(Ord. No. O-14-18, § 1, 1-15-2019)

No person, firm or corporation shall interfere with the Director or persons acting under his authority while engaged in planting, mulching, trimming, pruning, spraying, treating or removing any tree, shrub or plant of any public street, planting strip, parkway or alley in the City, or in the removing of any stone, concrete or other substance from about the trunk of any tree, shrub or plant on any public street, planting strip, parkway or alley.

(Ord. No. O-14-18, § 1, 1-15-2019)

In the interest of tree protection zones, no person, firm or corporation shall pave, cement or concrete any planting strip, parkway or any part thereof in the City without first securing permission therefor from the Public Works Director and under the specifications as determined by the City Public Works Director. The Director upon receiving a written request shall cause an investigation to be made and in reaching a decision, the Director shall grant or deny the request.

(Ord. No. O-14-18, § 1, 1-15-2019)

The repair of sidewalks, curbs, gutters or streets may create a need to prune tree roots to the extent that the tree is damaged or becomes unstable. When this occurs, the Public Works Director, whose decision shall be final, shall give consideration to the following in lieu of action that may damage, destabilize or cause the removal of a tree.

A. To not make such improvements;

B. To displace the sidewalk laterally away from the tree trunk, either locally for each tree, or uniformly along length of the street;

C. To displace the curb and gutter laterally into the paved roadway of the street, wither locally or uniformly along a length of the street, which in some cases may necessitate the prohibiting of street parking of vehicles at all times, provided such displacement does not create traffic hazard, or conditions adverse to proper street sweeping or drainage;

D. To defer repairs with temporary asphalt patch to eliminate hazard;

E. To widen the parkway;

F. To relocate the sidewalk or curb;

G. To eliminate the sidewalk on one side of the street;

H. To raise the sidewalk.

(Ord. No. O-14-18, § 1, 1-15-2019)

No person, firm or corporation shall cause, authorize or procure any brine, oil or liquid dye or other substances deleterious to tree life, to lie, leak, pour, flow or drip upon or into the soil about the base of any street tree, shrub or plant in any street, planting strip, parkway or alley in the City or onto any sidewalk or any pavement within the City at a point from which such substance may by lying upon; or by flowing, dripping, or seeping into such soil injure such tree, shrub or planting, or to otherwise harm or kill any such tree, shrub or plant. No person, firm or corporation, without approval of the Director, shall place or maintain any stone, concrete or other substance so that it shall impede the free access of water or air to the roots of any tree, shrub or plant in any public street, planting, parkway or alley in the City.

(Ord. No. O-14-18, § 1, 1-15-2019)

No person, firm or corporation shall attach or keep attached to any tree, shrub or plant in any public street, planting strip, parkway or alley in the City, or to the guard or stake intended for the protection thereof, any wire, rope, sign or any other device whatsoever.

A. It is unlawful for any person to injure, cut, damage, carve, transplant, prune, root prune or remove any public tree.

B. It is unlawful for any person to attach, cause to be attached or keep attached to any public tree, or to the guard or stake of a public tree, any rope, wire nails, tacks, staples, advertising posters, decorations, ornaments, flags, toys, swings, lights or any other contrivance whatsoever without first obtaining a permit or explicit approval from the City.

C. It is unlawful for any person to cause or allow any herbicide, poison or other substance harmful to tree life to lie, leak, pour, flow or drip upon or into the soil within the drip line of any public tree; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any public tree; or to operate any equipment, such as mechanical weeding devices, in such a manner as to cause damage to a public tree in any way.

D. No person shall injure any public tree located within an easement or public right-of-way on his or her private property by neglecting to provide the necessary amount of water, as determined by the Tree Policy Manual and the terms of this chapter, required for said tree's continued good health and viability.

E. No person shall impact the drip line area of a City tree in a way that may reasonably be expected to damage the root system, compact the soil over the roots, or impede free passage of water, air, or fertilizer to the roots of any public tree.

F. Special consideration shall be afforded public trees determined by the Parks and Recreation Commission to be heritage trees. Such trees shall he removed only when public interest served by removal outweighs the interest in preservation and heritage status.

G. Trees with the species and cultivar varieties of the genus Platanus such as Platanus racemosa (California Sycamore) or Platanus x acerifolia (London Planetree) which are found to be infected with Anthracnose in the City are a potential threat. There are a few cultivar considerations that are exempt. Trees of the Platanus genus shall be evaluated in Colton to determine potential hazards associated with this devastating fungal disease. This section requires that all aboveground portions of such infected hazardous trees be destroyed or properly disposed of as provided in this chapter.

H. No person shall possess, store or transport into the City all or any part of the trees of the genus Platanus infected with Anthracnose; provided, however, that wood, branches and roots of such trees may he transported wither to a safe place for burning or burial, under a minimum of two feet of earth, within five days following the discovery of such infection, or to such sites, and under such conditions, as are approved by the Parks Commission for the processing and subsequent elimination of the disease hazard. Infected trees may be treated in a manner approved by the County Agriculture Commissioner to effect a cure for the disease if and when an effective cure becomes known.

I. During the construction, repair, alternation, moving or removal of any building, structure of any other type of construction in the City, no person in control of such work shall leave any public tree, shrub or plant in the vicinity of such activity without sufficient guards or protections as identified in the tree policy manual to prevent injury to the tree, shrub or plant in connection with such construction, repair, alteration, moving or removal. The costs of any such protection shall be borne by the person responsible for the improvement.

(Ord. No. O-14-18, § 1, 1-15-2019)

Before any street improvement in any new subdivision or new development of real property in the City, the developer shall pay to the City the total costs of all trees required to be planted along all streets in the subdivision or development. After receipt of the payment, the developer will coordinate with the City and plant the appropriate approved trees at the proper time.

(Ord. No. O-14-18, § 1, 1-15-2019)

During the erection, repair or alteration of any building, house or structure in the City, no person, firm or corporation in charge of such work shall leave any tree, shrub or plant in any street, parkway or alley in the City, in the vicinity of such building or structure without such good sufficient guards or protectors as shall prevent injury to the tree, shrub or planting arising out of or by reasons of the erection, repair or alteration, no person, firm or corporation shall remove any building, house or structure or portion thereof without notifying the Public Works Director at least three working days in advance of such moving. The notice shall designate the route to be followed and all other details pertinent to such work. The Director shall have the authority to change such route and designate one which will in his opinion cause less damage to trees, shrubs or plants owned by the City along and adjacent to the route. As a condition to improving any route for the moving of any building, house or structure or portion thereof, the Director may require the person, firm or corporation doing such work to enter into an agreement to pay all costs incurred for any labor, material or equipment Used to protect or preserve such trees, shrubs, or plants either before or after such moving.

(Ord. No. O-14-18, § 1, 1-15-2019)

The regulations as set out in Sections 12.20.130 through 12.20.180 are established for the planting and care of trees in or upon public streets, planting strips, parkways, rights-of-way and alleys in the City.

(Ord. No. O-14-18, § 1, 1-15-2019)

Along any given street, the species of tree shall be uniform with promoting species diversity and avoiding a monoculture of one species of tree to promote optimal tree canopy health in accordance with the official Urban Forestry Management Plan recommended by the Parks and Recreation Commission and Approved by the City Council by Resolution.

(Ord. No. O-14-18, § 1, 1-15-2019)

No tree, plant or shrub shall hereafter be planted at the intersection of two or more streets or within thirty-five feet of such intersection.

(Ord. No. O-14-18, § 1, 1-15-2019)

No tree shall be planted between the curb and sidewalk wherein the clear space is less than thirty-six inches.

(Ord. No. O-14-18, § 1, 1-15-2019)

Trees shall be planted in the center of the planting strip midway between the curb and street side of the sidewalk. These trees shall be at least five feet from any water meter or sewer line and shall be no less than ten feet from a driveway opening. Trees shall be trimmed to clear the sidewalk by at least ten feet; such trimming shall be done by and at the discretion of the Public Works Director, following the City of Colton Urban Forest Management Master Plan "Holistic and Adaptive Tree Management Best Practices." These best practices follow the American National Standard Institute (ANSI A300) and International Society of Arboriculture (ISA) standards for tree care and maintenance.

(Ord. No. O-14-18, § 1, 1-15-2019)

The Public Works Director may cause to be trimmed, pruned or removed any tree, shrub, plant or vegetation of any public street, planting strip, or parkway or alley or other public easement when not in conformity with Sections 12.20.010 through 12.20.200 or endangering the use of public facilities.

(Ord. No. O-14-18, § 1, 1-15-2019)

It is a Violation of Sections 12.20.010 through 12.20.200 to destroy or mutilate any tree, shrub or plant in a public street, planting strip, parkway, public easement or any such public property.

(Ord. No. O-14-18, § 1, 1-15-2019)

Any person, firm or corporation aggrieved by any act or determination of the public works director in the exercise of the authority herein granted shall have the right of appeal to the Recreation and Parks Commission. Such appeal shall be filed with the City Clerk within five working days from the date of such decision or action of the Public Works Director. The Commission shall make a recommendation to the Council of the City for final decision of the appeal.

(Ord. No. O-14-18, § 1, 1-15-2019)

Any person, firm or corporation violating any of the provisions of Sections 12.20.010 through 12.20.190 is guilty of a misdemeanor punishable by imprisonment in the County Jail for a period not to exceed three months, or by a fine of not to exceed five hundred dollars or by both such fine and imprisonment.

The City may recover the penalty wither through an administrative hearing or a civil action brought either by the City Attorney or a designated employee of the City.

Irrespective of whether the City pursues criminal and/ or civil action under this chapter, nothing in this chapter shall prevent the City from seeking restitution for damage to City property as an alternative to criminal action and/or civil actions to recover a civil penalty in accordance with this section.

No person shall hinder, prevent, delay or interfere with the Director or any of his or her agents while engaged in carrying out the execution or enforcement of this chapter.

Provided, however, that nothing in this section shall be construed as an attempt to inhibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.

(Ord. No. O-14-18, § 1, 1-15-2019)

No trees or shrubs shall hereafter be planted in the public streets of the City except under the direction of the Public Works Superintendent of the City.

(Ord. No. O-14-18, § 1, 1-15-2019)