Fresno Municipal Code Art. 3 Street Trees and Parkways

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 (commencing with Section 1-201) of Chapter 1 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Block" shall mean all property fronting on both sides of a street between intersecting streets, or between an intersecting street and a right-of-way, water way, end of a cul-de-sac, or city-county boundary. Where a street is intercepted between two intersecting streets, the boundaries of the block shall be determined by the Director.

(c) "Director" shall mean the Parks and Recreation Director and/or the Public Works Director and designees thereof, as provided in this article and/or as determined by the Chief Administrative Officer in his/her sole discretion. The Public Works Director shall be designated as the responsible person for street trees, median island trees, and trees planted in association with Lighting and Landscaping Maintenance Districts (LLMD) or Community Facilities Districts (CFD). The Director of Parks and Recreation shall be designated as the responsible person for trees in neighborhood, community and regional parks, and for trees in neighborhood, community and regional trails (including related linear park).

(d) "Parkway" shall mean that portion of public property available for planting between the street curb, or curb alignment, and the abutting private property line.

(e) "Preservation" shall mean acts to promote the life, growth, health, or beauty of trees including, but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, fertilizing, cultivating, supporting, and treating for disease or injury.

(f) "Public Nuisance" shall mean and the City Council, by adoption of this ordinance declares that any violation of this article, and any tree which, for whatever reason including lack of maintenance and/or natural growth/aging processes and/or seasonal changes, may be injurious to public health, safety, and/or property, or an obstruction to the use of public property, so as to interfere with the comfortable enjoyment of life or property and which affects the entire community or neighborhood or a considerable number of persons, is unlawful and shall constitute a public nuisance. Without limitation the following shall constitute a public nuisance for purposes of this article (i) any tree subject to corrective action or removal under this article, (ii) any diseased or insect infested tree on private property so near to any street tree so as to cause damage to said street tree, (iii) any tree on private property that is interfering with, impairing or destroying any city owned street improvements, sidewalks, curbs, gutters, sewers, water or gas lines, block walls, street trees, or other related street facilities, (iv) any street tree which has or will require non-routine maintenance of city infrastructure on a frequency greater than once every ten years, (v) any tree known to be dangerous upon oral or other contact by a person, (vi) any tree growing into or over any street tree, or any public hydrant, pole, street sign, stop sign, or electrical/utility facility other than as allowed by this article, (vii) any tree in direct or intermittent contact with any electrical conductor owned by a utility company, which must be trimmed away from the conductor, (viii) the existence of any branches or foliage which interferes with visibility of, free use of, or access to any portion of any street, sidewalk, or alley improved for vehicular or pedestrian travel, (ix) tree houses, ladders, aerials, swings, ropes, or any other material attached to publicly owned trees.

(g) "Public property" shall mean any property or area owned by or under the control of the city, including public tree easements.

(h) "Public tree easement" shall mean an easement granted by a property owner to the city to permit the city to plant and preserve a tree in the property owner's front or side yard setback abutting public streets.

(i) "Street tree" shall mean any tree planted, or caused to planted, by the city within the: street right-of-way; parkway; any landscape or public tree easement offered for tree planting purposes but excluding common areas maintained by a LLMD or CFD. Street tree may also include trees planted within the public right-of-way that the city accepts through annexation of unincorporated areas of the county.

(j) "Tree" shall mean and include without limitation any tree or shrub.

(Added Ord. 2005-22, § 2, eff. 4-16-05).

It is hereby declared that the public interest and welfare require that the city maintain a program for the planting and preservation of trees on all public property in the city as a municipal affair in order to beautify the city, purify its air, and provide shade for its inhabitants. This article provides for plans and establishes regulations governing the planting and preservation of trees in public property, including parkways of the city. This article further provides for plans and establishes regulations for the selection of appropriate species of trees to achieve as much uniformity as possible for beauty and economy, and for a consistent and adequate program to preserve such trees. This article further provides for reduction of public nuisance and expense caused by improper tree selection, planting and maintenance. The Director shall enforce, implement, and carry out the policy, provisions, and regulations of this article in a manner which is consistent with other established policies of the city.

(Added Ord. 2005-22, § 2, eff. 4-16-05).

Except as otherwise provided in this article, the Director shall have exclusive control over the planting, preservation and removal of trees, and the performance of any work incidental thereto in, on or over any public property and any other city controlled property.

(Added Ord. 2005-22, § 2, eff. 4-16-05).

(a) Master Tree Plan. The Director is authorized to formulate a Master Tree Plan. Such Plan shall specify the species, spacing, and location of trees to be planted on public property, including parkways of the city. Such Plan shall include a Master Tree List and a Master Tree List-Parkway. The Master Tree List-Parkway shall include those trees which the Director determines may be planted in parkways without causing damage to any adjacent concrete improvement or underground utilities in such parkways. The Master Tree List shall include those trees which the Director determines may be planted in any public tree easement and public property, except parkways. The Director is authorized to amend, modify, and add to such Plan. All planting shall conform to such Plan. The Director shall consider the following factors in formulating such Plan:

(1) Such plan shall be coordinated with other established plans of the city; and

(2) Trees shall be selected and placed on an appropriate tree list based on such trees' desirable characteristics of growth and beauty, their root structure, and their adaptability to local climate and soil.

(3) The Director shall take into consideration species that are known to cause damage to concrete and street improvements and shall minimize or preclude the planting of those trees deemed to cause damage. The list may include provisions that require trees to be of virgin root stock so as to prevent the planting of trees with root stock of trees known to damage city infrastructure. Any property owner and/or his/her occupant who plants or causes to be planted trees that are not listed or that are listed as damaging in nature, shall at their sole expense remove or cause to be removed the unacceptable trees and replace them with trees approved and listed under the Master Tree Plan, as provided in this article.

(b) Parkway Trees. The city's policy shall be to plant in parkways only those trees included on the Master Tree List-Parkway. In selecting any particular species of trees from the Master Tree List-Parkway for planting in any parkway, the Director shall consider the following factors:

(1) Overhead and underground facilities surrounding or in the parkway;

(2) Location of any street and traffic signs;

(3) Width of the parkway and the location of any concrete installation adjacent thereto;

(4) Setback of any building from the parkway;

(5) Parkway's soil condition; and

(6) Existing landscape of the area.

(c) New Development, Number and Size of Parkway Trees. The Director shall cause to be planted, in parkways, or public tree easements, at not more than forty-foot intervals, at least one tree taken from a minimum of a five-gallon container for each lot or parcel. If the property owner desires more trees than the Master Tree Plan indicates that he is entitled to, or larger trees, or a combination of both, the Director may cause the planting of such tree or trees provided that such property owner pays the additional cost in advance and such trees, considering the criteria specified in subsection (b) of this section, are acceptable to the Director.

(d) Existing Development.Residential Property Owner's Option. Any residential property owner may request that a tree on the Master Tree List be planted in such property's front yard or side setback instead of the abutting parkway. The Director may cause the planting of such tree provided that such property owner gives a public tree easement to the city which provides as follows:

(1) The city, acting through the Director, is granted the right of access to such front yard or side yard setback solely for the purpose of planting, preserving, and, if necessary, removal of such tree;

(2) The property owner agrees not to remove such tree without the written permission of the Director; and

(3) The property owner agrees to pay for installation of such tree and agrees to irrigate and maintain such tree.

(e) Commercial or Industrial Property. Tree planting in a parkway fronting commercial or industrial property may be waived by the Director if he/she determines that such property owner's proposed or existing landscaping is consistent with the Master Tree Plan.

(Added Ord. 2005-22, § 2, eff. 4-16-05; Am. Ord. 2015-39, § 10, eff. 1-9-16).

(a) Policy. It shall be the city's policy to utilize whatever techniques, methods, and procedures are required to preserve, whenever feasible, all trees in the city including, but not limited to, trees which are affecting surface improvements or underground facilities or which are diseased, or located where construction is being considered or will occur.

(b) By the City. The Director shall be responsible for the preservation and, when required herein, the removal of all trees on public property.

(c) By the Property Owner. Every property owner or his/her occupant shall be responsible for the normal care, including watering, of trees in such property owner's abutting parkway, front yard or side yard setback, or in any public tree easement.

(d) Tree Removal or Maintenance by Property Owners. The Director may issue a permit to property owners to remove or maintain a street tree if all of the following apply:

(1) Tree removal or maintenance will occur under the direction of a certified arborist and completed by a City licensed contractor. Tree removal or maintenance must adhere to standards issued by the International Society of Arboriculture:

(2) All removal or maintenance costs are borne by the applicant. Removal or replacement of trees by Property Owners, which do not meet the removal criteria set forth in Section 13-305(g)(6), shall not utilize any City funding appropriated by the Council for the Street Tree Program in the Public Works Department; however, this section shall not preclude the City's ability to use discretionary infrastructure funds, if desired by the Council.

(3) An applicant shall pay a refundable permit fee for tree planting to the City in an amount established by City Council resolution and set forth in the master fee schedule. A city arborist shall inspect and verify applicant has completed planting of the replacement tree(s) at which time applicant's permit fee shall be refunded. Applicant's failure to plant replacement tree(s) as set forth in this section shall result in forfeiture of the permit fee, which shall be deposited into the city's Tree Trust Fund.

(4) The City, through the use of door hangers, shall notify homeowners of any proposed tree removals within two hundred feet of the front or side of their property line. These persons have fourteen days to protest the removal to the Director.

(5) The applicant must comply with all other permit conditions listed in this chapter including, without limitation, entering into a hold harmless agreement with the City;

(6) Trees shall be replaced by a replacement tree approved by the Director as set forth in the City's Approved Tree List. Alternatively, the applicant may pay a fee in lieu of replacement as set forth in Section 13-305(f).

(7) Trees on the Special Tree List in Section 13-306 or otherwise determined to be protected by the City are not eligible for removal or replacement under this Section.

An exception to this section applies to minor trimming to alleviate a dangerous condition presented with the Director's prior consent, by the property owner without a permit. Any such trimming must be performed in a manner that ensures tree preservation.

(e) Permit Conditions. The Director shall promulgate and implement permit procedures and standards to facilitate the issuance of such permits. The Director shall condition a tree permit on the following:

(1) That the applicant plant another tree in the place of the one removed or destroyed at the applicant's sole cost or pay a fee in lieu of replacing the tree(s) as set forth in this Section.

(2) That a particular species of tree, as determined by the City's Approved Tree List, be used as a replacement. The Director may select the species of tree that may be planted.

(3) That the applicant enters into a hold harmless agreement with the City which will, in part, indemnify the City, its officers, employees, and agents, from any liability arising from the applicant's activities in a form approved by the city attorney.

At a minimum a permit application shall include the number and location of each tree to be removed, the species and approximate size of the tree, the reason for removal and such additional information as the Director may require. The Director shall render his/her decision within thirty (30) days after the filing of the application for a permit. The Director may grant, conditionally grant, or deny the application. Any denial shall state the reasons for denial. The decision of the Director shall be mailed to the applicant and to all owners of record of the subject property on the same day the decision is made. In addition, the site or tree shall be posted with a sign by the Department for at least ten calendar days indicating the decision of the Director. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final.

(f) Payment in-lieu of Fees.

(1) Payment of a fee in-lieu-of replacing a removed tree shall be the same as the refundable permit fee for tree planting established by City Council resolution and set forth in the master fee schedule.

(2) The payment in-lieu-of fees will be used to purchase trees that will be planted within the public right-of-way or on other public property as determined by the Director. Where feasible, trees will be planted in the vicinity in which the tree(s) was removed .

(3) Payment of the in-lieu fee shall be made before the issuance of the Tree Removal Permit.

(g) Tree Inspection and Removal by Director. The Director may inspect, remove, or maintain trees from the public right-of-way, if the Director determines one or more of the following conditions exist:

(1) At such times and on such occasions as he deems appropriate, the Director shall inspect trees on any public property and on any private property if the trees overhang or project into public property.

(2) If any city-planted tree in the city appears to the Director to be dead, liable to fall, dangerous, poses a public nuisance including an obstruction to public travel and/or is not pruned or trimmed to a height of fourteen feet, six inches above the paved portion of the street to accommodate such vehicles as garbage trucks, buses, moving vans and street maintenance trucks, and seven feet above the pedestrian path of travel, the Director shall take the necessary corrective action.

(3) It shall be the responsibility of the property owner and/or his/her occupant to prevent any tree on his/her private property or in the abutting parkway, other than city-planted trees, from overhanging or projecting into public property, as provided in this subsection. The Director shall have the authority to require the property owner or his/her occupant to prune, trim, cut down or remove any such tree, or part or parts thereof, if it appears to the Director to be dead, structurally hazardous, dangerous, poses a public nuisance, an obstruction to public travel, or is not pruned or trimmed to a height of fourteen feet, six inches above the paved portion of the street to accommodate such vehicles as garbage trucks, buses, moving vans and street maintenance trucks and seven feet above the pedestrian path of travel. Except in case of immediate public danger, no such tree, shall be pruned, trimmed, cut down or removed by the Director unless the Director has given the property owner and/or his/her occupant ten (10) days' written notice to take corrective action. If the necessary corrective action is not taken by the property owner or his/her occupant within ten (10) days, the Director shall perform the services and the costs thereof shall be assessed to the property owner and/or occupant, including the cost of labor (including overhead), equipment and materials, and disposal of removed material pursuant to the procedures as set forth in Chapter 1, Article 5 of the Fresno Municipal Code.

In the event the Director determines that there is immediate public danger, the Director may cause the offending tree or portion thereof to be trimmed or removed without prior notice. The trimmed material shall be placed on the property of the responsible party, outside of the public right-of-way, for disposal by the responsible party. The Director shall cause to be provided to the responsible property owner, and/or occupant, notification of the corrective action taken by the city. The notice shall include a statement that the property owner and/or occupant is responsible for proper disposal of the trimmed material within ten (10) days. If the property owner and/or occupant fails to properly dispose of the trimmed material the city may cause the material to be disposed of with the costs thereof assessed to the property owner and/or occupant pursuant to the procedures as set forth in Chapter 1, Article 5 of the Fresno Municipal Code.

(4) If any tree on public property is infected or infested with insects, pests or disease, the Director may cause such condition to be treated or, if any such tree is infected or infested to such a degree that such condition cannot be eradicated by treatment, the Director may order the removal and replacement of such tree.

(5) It shall be the responsibility of the property owner and/or his/her occupant to treat or remove any tree, grass or other vegetation on his/her private property or in the abutting parkway, other than city-planted trees, if it is so diseased or insect-infected as to constitute a public nuisance.

(6) The Director, after unsuccessfully utilizing all techniques, methods and procedures which he deems reasonable to save trees planted on public property which are dead, dying, in a dangerous condition, unsafe, a public nuisance, or likely to cause damage, shall remove and replace such trees.

(7) The Director may cause the removal of any tree on private property that is a public nuisance.

(8) Tree replacement ratios under this article shall be in the Director's discretion. For any tree removal occurring under this article, the tree replacement ratio shall be at least 1:1.

(h) Interference with Employees. No person shall interfere with or cause or permit any person to interfere with employees of the city who are engaged in the planting, preserving, maintaining, treating, trimming or removing of any tree or plant or related work in the city.

(i) Other Unlawful Acts. No person, except authorized city personnel, shall remove, destroy, deface or injure any tree on public property by any means including, but not limited to, the following:

(1) By pouring any material on any tree or on the ground which would be harmful to the tree;

(2) By attaching any sign or notice or other object on any tree or fastening any guy wire, cable, rope, nails or screws or any other device to any tree, except that agencies may, under the supervision of the Director, temporarily affix no parking signs to trees when necessary in conjunction with activities in the public interest, such as street improvement work, tree maintenance work, or parades;

(3) By causing or encouraging any unnecessary fire or burning near or around any tree;

(4) By constructing a concrete, asphalt, brick surface, or otherwise covering the ground within a four-foot radius of any tree so as to shut off air or water from the roots, except under written authority from the Director.

(j) Unauthorized Plantings.

(1) No person shall plant any tree in any public property of the city or public tree easement without written permission of the Director.

(2) The Director may cause to be removed a tree planted within any parkway or public tree easement without a written permit of the Director. The Director shall notify the property owner and/or his/her occupant in writing, listing the unlawfully planted tree(s) ordering their removal within ten days. In the event the removal is not accomplished within a specified time, the Director is authorized to remove, or cause to be removed, such trees and all cost thereof shall be assessed to the property owner and/or occupant pursuant to the procedures as set forth in Chapter 1, Article 5 of the Fresno Municipal Code. The charge assessed shall be equal to the cost of labor (including overhead), equipment, disposal costs and materials.

(k) Construction Areas.

(1) Any tree growing upon public property which is to be removed for construction purposes shall be replaced, if it is possible to do so in accordance with the city's tree planting policy. If the Director determines that a tree can be replaced, the person causing its removal shall, at his/her own expense, remove and replace such tree with a tree in a location and of a size and species to be determined by the Director. If the Director determines that a tree cannot be replaced, the person causing its removal shall, at his/her own expense, remove the tree and pay to the city the replacement value of the tree, as fixed by the Director.

(2) Any tree growing upon public property near any excavation, construction or street work shall be sufficiently guarded and protected by those responsible for such work so as to prevent any injury to said tree. No person shall excavate any ditches, tunnels or trenches, or install pavement adjacent to any public tree without the written permission of the Director.

(3) Whenever any parkway is paved, openings at intervals and sizes determined by the Director shall be left unpaved or uncovered in a manner acceptable to the Director.

(Added Ord. 2005-22, § 2, eff. 4-16-05; Ord. No. 2005-124, § 1, eff. 12-15-05; Am. Ord. 2018-14, § 1, eff. 5-10-18; Am. Ord. 2024-038, § 1, eff. 12-5-24).

The Director is authorized to develop and maintain a Special Tree List. Such list is intended to include those trees of special interest to the city, including, but not limited to, landmark trees or trees of outstanding size or beauty. The City Council may also designate trees on the Special Tree List by resolution. The Director shall give and encourage others to give such trees special treatment and care to retain and protect them.

The Public Works Director shall review all tree removal requests for special trees filed independent of a development application. The Director shall render his/her decision within thirty (30) days after the filing of the request. Any denial shall state the reasons for denial. The decision of the Director shall be mailed to the applicant and to all owners of record of the subject property on the same day the decision is made. In addition, the site or tree shall be posted with a sign by the Department for at least ten calendar days indicating the decision of the Director.

Decisions of the Public Works Director may be appealed to the City Council by the Councilmember of the district in which the project is located or by the Mayor, either on their own initiative or upon receiving a petition from any person. Appeals must be initiated by filing a letter with the Public Works Director. Such action shall require a statement of reasons for the appeal. Unless otherwise specified in a governing State or federal law, all appeals shall be filed with the Public Works Director in writing within 15 days of the date of the decision.

(Added Ord. 2005-22, § 2, eff. 4-16-05; Am. Ord. 2018-14, § 2, eff. 5-10-18).

(a) The Director and the city departments and agencies shall cooperate in the enforcement of the provisions of this article. Such cooperation includes, but is not limited to, the provisions of this section.

(b) The Director of Public Works, or his/her designee, shall notify the Director of Parks and Recreation, or his/her designee of any permits issued for new improvements which might require the removal of, or cause injury to any tree in a neighborhood, community and regional park, or in a neighborhood, community and regional trail (including related linear park), or which might interfere with the fulfillment of the Master Tree Plan.

(c) If the installation or maintenance of any overhead or underground facility by a public utility, telephone company, common carrier, or franchisee is likely to cause injury to or any defacing, pruning, or scarring of any tree on city public property, such public utility, telephone company, common carrier, or franchisee shall, in addition to and not in lieu of any legal or contractual obligations owed, discuss with the Director alternatives to avoid such injury to or defacing, pruning or scarring of such tree, and shall be bound by the Director's decision regarding the implementation of any such alternative or the implementation of measures designed to protect such tree. Notwithstanding the foregoing, public utilities subject to the jurisdiction of the State Public Utilities Commission may take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities, provided the Director may stop any tree pruning performed by a utility company if good pruning practices are not being followed.

(Added Ord. 2005-22, § 2, eff. 4-16-05).

Nothing in this article shall be deemed to impose any liability upon the city or upon any of its officers or employees nor to relieve the owner and occupant of any private property from the duty to keep trees upon private property or under his/her control or upon sidewalks and parkways in front of such private property in a safe condition.

(Added Ord. 2005-22, § 2, eff. 4-16-05).

Any decision of the Director under this Article 3 including relating to the Master Tree Plan, Master Tree List, Master Tree List-Parkway, utility construction, emergency hazard removal, installation or maintenance, or requiring notice to a private property owner and/or his/her occupant, may be appealed de novo to the City Council by any aggrieved person (appellant), by filing a written request with the City Clerk stating the grounds for appeal and signed by appellant, within fifteen (15) days of the date of service of the decision of the Director. After public hearing, the Council shall have authority to confirm, modify, or overrule the decision of the Director and the decision of Council shall be final. For purposes of this article, service of the decision shall be the date said decision, if written, is mailed to the appellant, or, if the decision is given orally, service shall be the date the decision is orally given to the appellant. If no appeal is timely taken to the Council, the decision of the Director shall become final.

(Added Ord. 2005-22, § 2, eff. 4-16-05).

All fees, fines, or assessments as defined in this chapter or the tree policy will be deposited in a Tree Trust Fund and reinvested into the City's urban forest.

(Added Ord. 2018-14, § 3, eff. 5-10-18).

Any person who removes or causes to be removed any tree in violation of this article shall be required to:

(a) Apply for and obtain a Tree Removal Permit and pay double the cost of a permit, which shall be non-refundable, and

(b) Act as the responsible for property restoration which shall include:

(1) Replacing the tree(s) removed with tree(s) of reasonably equivalent value and largest size feasible to the tree(s) removed or alternatively paying the replacement cost of the removed tree(s).

(2) The number, size, and location of the replacement trees shall be determined by the Director after receipt or a report and recommendation by a licensed arborist.

(Added Ord. 2018-14, § 4, eff. 5-10-18).