Concord Municipal Code Art. I General

The intent and purpose of this article is to provide a uniform method for the proper care of trees, shrubs, and hedges in parks, in public places, and along those streets defined in section 1.05.100 of this Code; to provide for the public health, safety, and general welfare; to contribute to the attractiveness and quality of life in the city; to identify and maintain heritage trees; to promote and preserve the city’s aesthetic value; and to define the powers and duties of those who administer this article. The provisions of this article are supplemented by Article VI, Division 3 of the Development Code [recodified in Title 18], which specifically addresses the protection of trees related to projects for which a permit from the Planning Division is required.

(Code 1965, § 4300; Code 2002, § 114-31. Ord. No. 809; Ord. No. 89-15; Ord. No. 12-4)

Appropriate planning agency. For purposes of this article, an appropriate planning agency is the Planning Commission, Design Review Board, or Zoning Administrator.

City-owned tree, shrub, or hedge. Trees, shrubs, and hedges along the major street system, as shown in the Transportation and Circulation Element of the General Plan, which are not required to be maintained by the adjacent property owner as a condition of development approval, or which are not maintained by a landscape maintenance district, homeowners’ association, or other provisions for private maintenance.

Drip line. Generally circular shape formed by the outermost points on branches of a tree projected to the ground plane.

Hedge. Any plant material, shrub or plant, annual or perennial in nature, not necessarily hardy.

Heritage tree. Any tree or group of trees which has a relationship to an event of historical significance or is of public interest and which has been officially designated by action of the Planning Commission as a heritage tree.

Non-protected tree. Includes any member of the genus Eucalyptus, any member of the genus Acacia, any common palm tree (Arecaceae), Monterey pine (Pinus radiata), and any member of the genus Ligustrum (commonly referred to as privet), unless such tree has been specifically designated a heritage tree by action of the Planning Commission.

Parks. All public parks within and without the city.

Protected tree. A protected tree is:

(a) Any of the following listed native trees with a diameter of 12 inches or more as measured 54 inches above the ground (e.g., diameter at breast height) or a multi-stemmed native tree on the list below where the sum of all stem diameters is 12 inches or more as measured 54 inches above the ground: Valley oak (Quercus lobata), Blue oak (Q. douglasii), Coast live oak (Q. agrifolia), California bay (Umbellaria californica), California buckeye (Aesculus californica), and California sycamore (Platanus racemosa);

(b) Other trees (except those specifically listed as non-protected) with a diameter of 24 inches or more as measured 54 inches above the ground (e.g., diameter at breast height) or more or a multi-stemmed non-native tree where the sum of all stem diameters are 24 inches or more as measured 54 inches above the ground;

(c) Any tree which has been previously designated as a heritage tree by Planning Commission resolution;

(d) A tree required to be planted, relocated, or preserved as a condition of approval of a Tree Permit or other discretionary permit, and/or as environmental mitigation for a discretionary permit; and

(e) A tree with a trunk diameter of six inches or more or one component trunk of a multi-stemmed tree with a diameter of four inches or more as measured 54 inches above the ground that is located within the structure setback of creeks or streams as defined in CDC 18.305.040(A).

Public places. All grounds or areas other than streets or parks owned by, leased to, or under the contract of the city.

Shrub. A woody plant of relatively low height, distinguished from a tree by having several stems rather than a single trunk.

Tree. A usually tall woody plant, distinguished from a shrub by having a comparatively greater height and, characteristically, a single trunk rather than several stems.

(Code 1965, § 4301; Code 2002, § 114-32. Ord. No. 809; Ord. No. 89-15; Ord. No. 87-34; Ord. No. 12-4)

Cross references: Definitions generally, § 1.05.100.

(a) Supervision of trees and shrubs in public places. The City Manager, or his or her designee, shall have jurisdiction and supervision over all trees, shrubs, hedges, and heritage trees planted or growing along streets, in parks, or other public places.

(b) Authority to preserve or remove trees and shrubs in public places. The City Manager, or his or her designee, shall have the authority to plant, trim, spray, preserve, and remove trees, shrubs, and hedges along streets, or in parks, or other public places to ensure the public safety and maintain the beauty of such streets, parks, or public places.

(c) Authority regarding trees and shrubs on private property. The City Manager, or his or her designee, shall have the authority to order the trimming, preservation, or removal of trees, shrubs, and hedges upon private or public property, when it is found that an emergency or hazardous situation exists and that such action is necessary to maintain public health, safety, or welfare or to prevent the spread of disease or insects to public trees, parks, or public places. The City Manager, or his or her designee, shall have the authority to affix reasonable conditions to any order which addresses any emergency or hazardous situation.

(Code 1965, § 4302; Code 2002, § 114-33. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)

(a) Approval required. It shall be unlawful for any person to cut, trim, spray, mutilate, move, remove, bind, spike, replace, injure, or in any way impair the growth of any plant, tree, or shrub being or growing in, along, or upon any street, park, or public place, or any device existing for the protection thereof, without first obtaining written approval from the City Manager, or his or her designee.

(b) Application. The request for approval shall contain such information as the City Manager, or his or her designee, shall find reasonably necessary to make a fair determination of whether approval should be issued.

(c) Standards for approval. The City Manager, or his or her designee, shall grant approval upon finding that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory.

(d) Issuance; fee; term. The approval shall be issued, without cost, to the applicant and shall be effective for a period of 30 days after issuance.

(Code 1965, § 4303; Code 2002, § 114-34. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)

All city-owned trees, shrubs, hedges, and heritage trees shall be maintained so as to preserve the public health, safety, and general welfare; and the City Manager, or his or her designee, shall promulgate any reasonable rules and regulations necessary to establish specific maintenance standards herein or to otherwise implement the provisions of this article.

(Code 1965, § 4304; Code 2002, § 114-35. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)

It shall be the duty of any person allowing a tree, shrub, or hedge to grow on the public right-of-way or property which abuts a public place or street to:

(1) Prune the trees, shrubs, and hedges so as not to cause a hazard to parks, public places, or streets; or to users of these parks, public places, or streets;

(2) Treat or remove any tree, shrub, hedge, or plant of any type or species so diseased or insect-ridden as to constitute a hazard to trees, shrubs, or hedges in streets, parks, or public places;

(3) Water and fertilize any tree, shrub, hedge, or plant to maintain proper growth and health.

(Code 1965, § 4305; Code 2002, § 114-36. Ord. No. 809; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 06-4, § 5)

Cross references: Streets, sidewalks, and other public places, Title 12.

The following shall be so defined as to constitute a public nuisance:

(1) Any tree, shrub, or hedge on any street or private property of a type or species that may destroy, impair, or otherwise interfere with any street improvements, including but not limited to sidewalks, curbs, street signs, approved street trees, gutters, sewers, or other public improvements, including utility mains or services;

(2) Vines or climbing plants growing into, over, or which may otherwise destroy, impair, or interfere with any street tree, shrub, hedge, or public improvements, including but not limited to fire hydrants, poles, electroliers, or street signs;

(3) Hedges or shrubs extending beyond a property line into a public right-of-way or which interfere with a public sidewalk or street;

(4) Any shrub or hedge exceeding the height limit established by the Development Code;

(5) Any tree, tree limb, shrub, hedge, or vine which, after prior determination by the City Manager, or his or her designee, constitutes a hazard to traffic or the public safety. In making such determination, the City Manager, or his or her designee, shall take into consideration the location of the tree, tree limb, shrub, hedge, or vine in relation to the street, sidewalk and street signs, any traffic visibility hazard created, or any hazard to the safety of any motorist or pedestrian using such street or sidewalk;

(6) Any violation of Section 10.05.030 or 10.05.040.

(Code 1965, § 4306; Code 2002, § 114-37. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5; Ord. No. 12-4)

Cross references: Public nuisances, § 8.25.010 et seq.

(a) Authorized. In addition to the civil, criminal, and administrative remedies available, if a property owner and/or person responsible fails to voluntarily abate a violation of this article within the time and in the manner specified in the abatement notice, the city may abate the violation under the procedure set forth in Section 8.25.080.

(b) Payment of costs. The city may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the city as set forth in Section 8.25.090. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.

(c) Failure to perform work. Failure to perform work ordered by city hereunder is a misdemeanor punishable pursuant to Section 1.05.230.

(Code 1965, § 4307; Code 2002, § 114-38. Ord. No. 809; Ord. No. 1235; Ord. No. 87-34; Ord. No. 87-43; Ord. No. 89-15; Ord. No. 92-4; Ord. No. 06-4, § 5)