Chapter 18.28 — Landscaping and Trees

Sections:

18.28.010 – Purpose 18.28.020 – Applicability 18.28.030 – Landscape Requirements 18.28.040 – Tree Regulations

• A. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

• B. Establish a standard for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;

• C. Establish provisions for water conservation practices and water waste prevention for existing landscapes;

• D. Use water efficiently without waste by establishing regulations to reduce water use to the lowest practical amount;

• E. Preserve trees for the health, safety, and welfare of the community; and

• F. Use trees to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards, counteract pollutants in the air, maintain climatic balance, and decrease wind velocities.

• A. The provisions of this chapter apply to the following landscape projects and the removal of trees:

  1. All landscape projects identified in Chapter 17.06 of the Municipal Code;

  2. All new single family residential subdivisions; and

  3. Any proposed removal of a tree.

• A. General . All landscape projects for new construction of 500 square feet or more or rehabilitated landscapes of 1,000 square feet or more, shall comply with the provisions of the City’s Water Conservation in Landscaping Ordinance, Municipal Code Chapter 17.06.

• B. New Single Family Subdivisions . For all new single family residential subdivisions there shall be a minimum of one tree for each parcel. If a parcel has frontage on more than one street there shall be a minimum of one tree for each street frontage. Trees shall be placed within the front yard area. This requirement is in addition to the 150 square feet of permanent private open space that is required for each parcel within a single family subdivision.

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• C. Other Subdivisions and Common Land . For multiple family residential subdivisions, nonresidential subdivisions, and common land there shall be a minimum ratio of one tree for every 50 feet of street frontage. This requirement is in addition to landscaping required within parking lots.

• D. Tree Variety and Size . Trees may be of the hardwood or softwood varieties. Each tree shall be at least one and one-half inches in caliper. Tree species must be appropriate for the site. A maximum of 40 percent of one species may be used to meet planting requirements within each subdivision.

• A. Applicability . Every owner of real property within the City, and every person responsible for removing or damaging a tree, regardless of whether the person is engaged in a tree removal business, is subject to the tree regulations.

• B. Definitions .

  1. Tree . "Tree" means a woody perennial plant characterized by having a main stem or trunk, or a multiple-stemmed trunk system, with a more or less definitely formed crown, and usually over 10 feet high at maturity. This definition does not include trees planted, grown, and held for sale by licensed nurseries or the first removal or transplanting of trees as part of the operation of a licensed nursery business.

  2. Protected tree . “Protected tree” includes all of the following:

     • a. Any tree having a main stem or trunk that measures 24 inches or greater in circumference at a height of 40 inches above grade;

     • b. Any tree within a public street or public right-of-way, regardless of size;

     • c. Any tree that was required to be preserved as a condition of a development approval granted by the City;

     • d. Any tree required to be planted as a condition of a development approval granted by the City; and

     • e. Any tree required to be planted as a replacement for an unlawfully removed tree.

Protected trees are required to be preserved unless a removal permit is obtained. Any person who conducts grading, excavation, demolition or construction activity on a property is required to do so in a manner which does not threaten the health or viability of the tree, or cause the removal of any protected tree.

3. Remove . “Remove” includes any of the following:

   • a. Complete removal, such as cutting to the ground or extraction.

   • b. Taking any action foreseeably leading to the death of a tree or permanent damage to its health, including but not limited to: excessive pruning, cutting, girdling, poisoning, over-watering, under-watering, unauthorized relocation or transportation, or trenching, excavating, altering the grade, or paving within the dripline.

• C. Tree Protection Plan . No construction shall occur within the dripline of a tree. A protective fence shall be installed along the dripline of the tree for the duration of construction. Prior to

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construction or grading commencing, the Planning Division will inspect the property to ensure the fence has been installed.

• D. Removal of trees without permit . It is unlawful for any person to destroy, remove, cause to be destroyed, or removed any protected tree upon any private or public property in the City without first obtaining a Tree Removal Permit, unless an exemption applies.

• E. Exemptions . Tree Removal Permits shall not be required for any of the following:

1. Emergencies . If the condition of a tree presents an immediate hazard to life or property, as defined by ANSI A300, it may be removed without a permit on order of the City Manager, Building Official, or the Director;

   2. Trees on public property . Employees of the City may take action with regard to trees on City owned property as may be necessary to maintain safety;

   3. Public utilities . Public utilities subject to the jurisdiction of the State Public Utilities Commission may, without a permit, take actions necessary to comply with the safety regulations of the Commission and as may be necessary to maintain safe operation of facilities. Where possible, trees shall be preserved;

   4. Project approval . No Tree Removal Permit is required where the removal of trees has been authorized as part of a development approval granted by the City.

F. Application and Bond .

1. Application . An application for a Tree Removal Permit shall be made to the Director on the form provided. The application shall contain the number and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and any additional information required by the Director. The Director may refer the application to another department, or person for a report, and recommendation.

2. Tree report . The applicant shall submit a tree report prepared by a certified arborist. The report shall describe the general specifications (e.g. size, species, etc.) and health condition for the tree(s) requested to be removed. The arborist shall be selected by the applicant from a list of certified arborists maintained by the Department. Any expense associated with the preparation of the tree report shall be the responsibility of the applicant.

3. Bond . A bond or cash deposit shall be placed with the City for the true cost, including staff time, of replacement trees as mitigation for the removal of trees. The bond or cash deposit shall be removed upon proof of replacement of the required trees either through planting or payment of an in lieu impact fee.

4. Notification . The property owner shall be required to notify abutting property owners and tenants, if any, twice. First, upon submittal of the permit, and if approved, a second time at least 48 hours prior to removal. The notification shall be in a written form that demonstrates proof of delivery to abutting owners and tenants.

• G. Criteria for Removal . Issuance of a Tree Removal Permit shall be determined on the basis of the following criteria:

  1. The tree is dead or infected with a terminal disease;

  2. The tree is structurally unsound and cannot be corrected or the risk cannot be significantly reduced by traditional pruning, cabling, or bracing; or

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3. The tree is causing visible damage to property, which cannot be corrected without destroying the tree canopy or root system.

• H. Criteria Supporting Denial of Authorization to Remove . Applications for a Tree Removal Permit may be denied for any of the following reasons:

  1. The tree is an important asset to the community based on its service as part of a windbreak system, its assistance in stormwater drainage, the avoidance of soil erosion, mitigation of urban heat island effect, its service as a component of wildlife habitat, its role in maintaining the existing urban forest, or its contribution to reducing reflective glare from buildings and pavement;

  2. The tree contributes substantially to the aesthetic beauty of an area and its removal would adversely affect the appearance of the area. The tree’s potential, or lack thereof, for a long life and for a substantial increase over time of its contribution to the City’s urban forest shall be taken into consideration in making this determination; or

  3. The tree is a member of a group of trees mutually dependent on each other for survival, structural integrity, or aesthetics.

• I. Replacement of Trees or In Lieu Fee . If a tree is allowed to be removed, the applicant shall be required to either plant replacement tree(s) of an equivalent value or pay an in lieu fee. Replacement tree(s) planted on-site are a priority. More than one replacement tree may be required to accomplish the goal of replacing the lost canopy. If replacement cannot be fully accomplished on-site, staff may authorize in-lieu fees. The value of the removed tree(s) shall be calculated in compliance with the latest edition of the Guide for Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers.

• J. Appeal Procedures . An appeal of the decision of the Director regarding a Tree Removal Permit shall be processed in compliance with the standard appeal procedures.

• K. No Liability Upon City . No liability shall be imposed upon the City or upon any of its officers or employees for damages related to an unsafe tree to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon the property or adjacent to or overhanging the public right-of-way.

• L. Violations and Penalties . The violation of a provision contained in this section is declared to be unlawful and shall constitute an infraction and a public nuisance, subject to enforcement as determined by the City. In addition, a person who intentionally removes or destroys a protected tree without approval of a Tree Removal Permit, or negligently causes the removal or destruction of a protected tree, shall be subject to

  1. Replacing on-site each unlawfully removed tree with three new trees or a greater number of new trees as the Director may determine to be necessary to ensure the replacement of the lost canopy and to provide an aesthetic quality reasonably equivalent to the unlawfully removed tree within 10 to 15 years. The size, species, and condition of the replacement trees shall be subject to approval by the Director. All replacement trees shall be maintained by the property owner under a five-year maintenance agreement with the City.

e to be necessary to ensure the replacement of the lost canopy and to provide an aesthetic quality reasonably equivalent to the unlawfully removed tree within 10 to 15 years. The size, species, and condition of the replacement trees shall be subject to approval by the Director. All replacement trees shall be maintained by the property owner under a five-year maintenance agreement with the City.

2. Where the Director determines that on-site replacement trees will not provide sufficient reasonably equivalent canopy cover and aesthetic quality, the Director shall determine the cost of the mitigation needed to remedy the effects of the removal based upon the value of the unlawfully removed tree(s) in compliance with the latest edition of the Guide for Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers, and the cost of planting replacement trees elsewhere. The

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• established value of the tree(s) shall be the civil penalty for violation of this section in addition to the penalty prescribed by law for the commission of an infraction offense.

3. A violation of any provision by a person of a tree removal, landscaping, construction, or other business in the City shall constitute grounds for revocation of the Business License issued to the person or business.

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