Fullerton Municipal Code Ch. 9.06 Community Forestry

The ordinance codified in this chapter shall be known as the Fullerton Community Forestry Ordinance.

(Ord. 2859, passed - -1995)

This chapter is enacted to further the following public purposes:

(A) To realize the optimum public benefits of trees on the city’s streets, in public places and on private property, including favorable modification of micro-climates, abatement of air and noise pollution, reduction of soil erosion and runoff, enhancement of the visual environment and promotion of community pride;

(B) To integrate street tree planting and maintenance with other urban elements and amenities, including, but not limited to, utilities, vehicular and pedestrian traffic and enhancement of views and solar access;

(C) To promote efficient, cost-effective management of the city’s community forest by coordinating public and private efforts within a comprehensive and professional management system;

(D) To reduce the public hazard, nuisance and expense occasioned by improper tree selection, planting and maintenance;

(E) To provide for the creation of an equitable, sustained and reliable means of managing the city’s community forest; and

(F) To create and maintain a unified urban-forest resource, enhancing the city’s overall character and sense of place.

(Ord. 2859, passed - -1995)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTER. To change, prune, graft, remove limbs, do root or tree surgery work.

CITY STREET. The area of a street in, and maintained by, the city, whether or not improved, from easement line to easement line, and includes the sidewalks and any area between the sidewalk and the curb.

DBH. The diameter of the tree trunk at any point which is measured four and one-half feet above the grade adjacent to the subject plant.

DIRECTOR. The Director of Public Works and his or her authorized agents.

FEE. The replacement cost of trees and/or landscape material plus the installation cost.

FORESTRY THEMES. The intentional planting of certain species of trees in a fashion to achieve a desired thematic effect.

GROUND COVER. Includes grass, turf or perennial plants that normally grow in a prostrate manner so as to conceal, or with the purpose of concealing, the ground surface, and that do not exceed eight inches in height, and that will tolerate light pedestrian traffic.

INJURE or INJURY. Any act which damages a tree, including, but not limited to, impact, cutting, carving, transplanting, poisoning or knocking over any tree on public property.

LANDMARK TREE. Any tree which has been found to be of high value because of its type, size, age or historic associations, and has been designated by resolution of the City Council as a landmark tree.

LANDSCAPE MATERIAL. Any organic or inorganic substance used in landscaping such as, but not limited to, trees, shrubs, ground cover, textured concrete, rocks and bricks and the like.

MAINTENANCE or MAINTAIN. Pruning, spraying, bracing, root pruning, staking, fertilizing, watering, treating for disease or injury, and other work performed to promote the health, beauty or adaptability of trees and shrubs, but shall not include the watering of such trees in residential zones.

PARKWAY STRIP. Either:

(1) The area between the curb and sidewalk within a fully improved street right-of-way;

(2) The area extending from the curb to the street right-of-way line in an area with no sidewalk; or

(3) Any area within a street right-of-way in which a street tree is located.

PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.

PLANTING. Putting or setting into the ground or into a container to grow.

PUBLIC AREA. Parks, playgrounds, areas around public buildings and other areas under the supervision and maintenance of the city, not including any street right-of-way.

REMOVAL. To cut down a tree; includes any intentional or negligent act which causes a tree or landscape material to decline and/or die within a period of three years, including, but not limited to, damage inflicted upon the root system of a tree by the application of toxic substances, the operation of heavy machinery, the change of natural grade above or below the root system or around the trunk of a tree, excessive pruning or the severing of part or all of the trunk or root system.

REPLACEMENT VALUE. The actual cost to the Public Works Department of replacing a tree or landscape material removed or destroyed, or if irreplaceable, its value as determined pursuant to the valuation formula adopted by the International Society of Arboriculture, as amended from time-to-time.

SHRUB. Woody vegetation or a woody plant having multiple stems and bearing foliage from the ground level up.

STREET TREE. A tree planted or caused to be planted within a parkway strip.

TOPPING. The severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree that the tree’s canopy is removed or the tree is disfigured.

TREE. Any live woody plant having a single trunk or multiple trunks which measures three and one-half inches in diameter or larger at any point which is measured four and one-half feet (diameter breast height) above the grade adjacent to the subject plant.

(Ord. 2859, passed - -1995)

The city shall have jurisdiction over the planning, planting, maintenance and removal of all trees and other landscape material in any street or other public area as defined in this code; over any landscape material in any street median, parkway strip or other landscaped portion of a public right-of-way; over trees and other landscape material in other public spaces under the jurisdiction of the city such as parks, trails and public buildings; and over certain trees on private property as designated in other sections of the ordinance codified in this chapter and other chapters of this code.

(Ord. 2859, passed - -1995)

The Director or his or her designated repre- sentative shall, by use of city employees or private contractor, plant, maintain and otherwise care for, or, if necessary, remove, trees in any public place in the city. The responsibilities of the Director shall include, but not be limited to, the following:

(A) Prepare and maintain a community-wide Community Forest Management Plan;

(B) Recommend to the City Council changes or additions to the Master Street Tree Plan;

(C) Develop maintenance standards as they relate to street trees in public areas;

(D) Inspect the planting, maintenance and removal of all trees in public areas;

(E) Make determination over the appropriateness of tree removals in public areas;

(F) Review all landscaping plans as they affect trees in public areas;

(G) Coordinate with the Public Works, Parks and Recreation and Development Services Departments the planning and installation of all publicly required trees; and

(H) Coordinate with the Parks and Recreation Department to develop and maintain an ongoing program of public outreach and education in order to promote public understanding of the city’s community forest and public adherence to the standards and procedures established under the ordinance codified in this chapter.

(Ord. 2859, passed - -1995)

An effective Community Forestry Program requires the cooperation of a number of city departments to ensure the effective implementation of the ordinance codified in this chapter.

(A) The Public Works Department shall notify the Public Works Department of any applications for new curb, gutter, sidewalks or driveway installations, or other improvements which might require the removal of or cause injury to any street tree, or interfere with the fulfillment of the Street Tree Plan.

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

(C) (1) All plans prepared for street widenings, parks and public parking lots shall include landscaping and street trees to the major extent feasible contingent upon available funding.

(2) All plans and specifications which include the planting of public areas shall be reviewed by the Directors of Public Works, Community and Economic Development and Parks and Recreation, as appropriate, for compliance with the Community Forest Management Plan.

(3) All plans involving significant landscaping of public areas, i.e., parks, street slopes or medians, or parking lots, shall be submitted to the Parks and Recreation Director or designee for review and comment.

(D) To facilitate the planting and maintenance of trees on newly proposed private development, the Director of Development Services shall review landscape plans to ensure their conformance with the Community Forest Management Plan.

(E) To educate the public regarding the care and health of trees, the Parks and Recreation Department shall work with the Public Works Department to develop and maintain public education and community tree planting programs in order to promote the public’s understanding of the Community Forestry Program.

(Ord. 2859, passed - -1995; Ord. 3267, passed - -2018)

It is the duty and responsibility of all property owners to maintain shrubs, ground cover, concrete, rocks, bricks and the like (landscape material) in the parkway strips immediately abutting the owner’s property, regardless of whether such property is developed. Property owners are not responsible for trimming street trees. Furthermore, if the property is directly adjacent to a street that is inaccessible due to a fence or wall preventing the ability to easily access or effectively apply water, the property owner is not responsible for watering and/or maintenance of the trees and other landscape material.

(A) (1) Maintenance shall include watering as needed and keeping such strips free from overgrown weeds or any obstructions contrary to public safety. Property owners shall be responsible for watering city street trees whenever landscaping of the property is changed in such a manner as to deprive the trees of their normal source of moisture. Such watering shall be continued during dry weather until the tree becomes acclimated to the new environment, but need not exceed three years.

(2) All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use.

(B) The owner or occupant of any corner lot or premises in the city shall keep landscape materials at the corners of intersecting streets, whether between the curb line and the private lot line, or within the private lot or premises, so trimmed that the height of same shall not exceed three feet above the curb level for a distance of 15 feet measured horizontally in any direction from the point of intersection of the property lines at street corners; provided, that trees whose main trunks are exposed to a height of seven and one-half feet above the curb need not be so trimmed or cut.

(C) A property owner may notify the Public Works Department when any (tree, shrub or plant) landscape material on a public street adjacent to his or her property is injuring or damaging any public sidewalk. The Director shall prioritize and/or schedule the repairs of these damaged areas. All repairs shall be contingent on the availability of funds.

(D) (1) It is unlawful for any person to engage in any construction work on private or public property without first taking steps to protect street trees from damage to trunk, branches or roots, or damage caused by soil compaction or contamination.

(2) All trees on any street or other publicly-owned property near any excavation or construction of any building, structure or street work shall be adequately protected in accordance with guidelines established by the Director of Public Works, including, but not limited to, preservation of the trunk, bark, roots, leaves, scaffold branches and immediate soil.

(3) Removal of a street tree is authorized only by permit obtained pursuant to the authority provided in the ordinance codified in this chapter.

(Ord. 2859, passed - -1995)

Within three years of the adoption of the ordinance codified in this chapter, the Director, with the advice and participation of the Development Services, the Public Works and the Parks and Recreation Departments, shall prepare a Community Forest Management Plan. All city departments thereafter shall use their best efforts to ensure that activities of the city are guided by such plan. The plan shall include, but not be limited to, the following elements:

(A) (1) In November 1992, the City Council established the goals of the Community Forest Management Plan which are as follows:

(a) Establish and maintain optimal tree cover;

(b) Maintain trees in a safe and healthy condition through good cultural practices;

(c) Establish and maintain an optimal level of age and species diversity;

(d) Promote conservation of tree resources;

(e) Provide suitable locations for and select, situate and maintain street trees to minimize hazard, nuisance, hardscape damage and maintenance costs. Special consideration will be given to compatibility in commercial areas with regard to aesthetics and signage visibility;

(f) Centralize tree management under one department to ensure the enforcement of policies; and

(g) Foster citizen support for the local community forestry program and encourage good tree management on privately-owned properties.

(2) These goals have been incorporated into the General Plan, and specific policies and objectives will be created as part of the comprehensive update process.

(B) A designation of proposed community forestry themes for major traffic routes and districts within the city consistent with the city’s Master Street Tree Plan, together with a program, schedule and suggested budget for implementing such treatments;

(C) An up-to-date inventory of every street tree and any other trees in public areas deemed necessary, which inventory shall include, as appropriate, species, DBH, canopy height and spread, condition, maintenance records, names of adjacent property owners, record of fees and fines, and any other information necessary or usable in the long-range planning or day-to-day planting and maintenance of the city’s community forest;

(D) A Master Street Tree Plan, based on an evaluation of species diversity, growth characteristics and performance as recorded in the inventory, providing for rotational reforestation of diseased or declining trees and break-up of potentially problematic monocultures;

(E) A set of standards for street tree installation, landscape tree installation, pruning and maintenance, acceptable tree species and any other standards, criteria or administrative procedures deemed necessary to carry out the purposes of the ordinance codified in this chapter and the Community Forest Management Plan; and

(F) A process for continual update and improve- ment of the Community Forest Management Plan’s elements.

(Ord. 2859, passed - -1995)

The city shall have trees planted in any subdivision developed within the municipal boundaries.

(A) (1) No subdivision shall be approved unless the developer/owner is conditioned to plant street trees in accordance with current city standards and as approved in writing by the Director.

(2) In the event a subdivider desires to plant trees within the parkway adjacent to a new subdivision, he or she may apply to the Director for a permit. Said permit may be issued only after the developer/owner has posted a bond, guaranteeing the planting of all street trees. All such planting shall be done in accordance with the Community Forest Management Plan.

(B) Before planting, all street trees must meet specifications for acceptance as detailed in the Community Forest Management Plan and be inspected and approved by the Director or his or her designee.

(C) So the Director of Development Services can determine the tree requirements for site development, each subdivider or developer shall submit to the city a plot plan of the proposed development which shall:

(1) Show clearly all existing trees, noting location, species, size and condition;

(2) Note whether existing trees will be retained, removed or relocated;

(3) Show proposed utilities, driveways, sidewalks and tree planting locations, and the size and species of proposed street trees; and

(4) Conform with ground and aerial setback specifications, as defined in the Community Forest Management Plan.

(D) At least 50% of the paved area surface of all new publicly developed parking areas shall be shaded by tree canopies within 15 years of acquisition of building permits. Trees to be planted to develop such a canopy shall be in accordance with the city’s Community Forest Management Plan and the requirements of the Director. Plans shall show the estimated tree canopies after 15 years of growth, the specific names, sizes and locations of trees to be planted, and the total area in square feet of the area shaded by tree canopies. In determining the area shaded, the following methodology shall be used:

(1) Measure the shaded area on the pavement assuming that the shaded area is only that area directly under the tree canopy or dripline;

(2) Landscape planters under the canopy may be counted as shaded area; and

(3) Paved areas shaded by structures and second stories of buildings and carports may be deducted from the total paved area.

(E) Any proposed change in the direction or width of a public street shall incorporate a consideration of street trees within the right-of-way as part of the General Plan of improvements. The City Engineer will consider such planting during acquisition of right-of-way as well as during the completion of the final development plans for the project.

(Ord. 2859, passed - -1995)

It is unlawful for any person to alter or remove a tree within a public area or right-of-way without a permit for such work issued by the Public Works Department. Any person who desires a permit shall apply to the Department on the designated form. The permittee shall be responsible for posting a copy of such permit on or adjacent to subject tree at least ten days prior to the date of the removal. This posting and waiting period may be waived by the Director for public health and safety purposes.

(A) Any application for a permit required by this chapter shall be in writing, signed by the applicant, and filed with the Director, on a form furnished by him or her, and shall show:

(1) The name and address of the applicant;

(2) The address or location where such work is to be performed;

(3) A detailed description of the work to be performed;

(4) The date or dates on which such work is to be commenced and completed;

(5) The name and address of any person or persons employed by, or contracting with, the applicant, for the performance of such work; and

(6) A statement that the applicant will hold the city harmless from any damage to any property or any injury to any person caused in any way by the performance of any work for which such a permit is issued.

(B) The Director shall issue permits to property owners to perform maintenance on or to remove city street trees directly adjacent to their property, only if the following conditions are met:

(1) The property owner has established, to the Director’s satisfaction, that there is need for the proposed work on the tree;

(2) The property owner has established, to the Director’s satisfaction, that the persons who are to perform the work are qualified to do so; and

(3) The Director, in his or her sole discretion, has determined that any potential detriment to the city street tree population entailed by the proposed work, is justified in the individual case. In making this determination, the Director shall consider factors such as the probability that the proposed work will destroy or seriously injure the tree, the tree’s health, the desirability of that species as a street tree, whether the tree’s condition and size threaten serious damage to property, the condition and number of other city street trees in the vicinity, whether there are other less onerous means of accomplishing the applicant’s goals, and other related criteria.

(C) All work performed on city street trees pursuant to a permit issued by the Director under this section shall be done within a 60-day period from the issuance of said permit, or within such longer period as the Director shall specify.

(D) (1) The Director shall condition any permit granted pursuant to this section for the removal of a city street tree, on the permittee removing, and where the Director determines it to be appropriate, replacing the tree.

(2) In such case, the replacement value of the tree shall be borne by the owner and such service shall not be provided by the city.

(E) The Director may condition any permit granted pursuant to this section on any such conditions as the Director determines to be necessary.

(F) The provisions of this section shall be complied with whenever a person seeks a permit to remove or trim a city street tree to facilitate moving any building or other structure.

(Ord. 2859, passed - -1995)

All publicly-owned trees shall be protected from injury by the public.

(A) No person shall injure or poison any tree in any city right-of-way.

(B) No person without a permit from the Director therefor shall use, plant, replace, remove, trim or prune any tree growing on any city street or attach any string, cord, twine, rope, wire, chain, wood, cloth, metal or paper thereto, except for the temporary protection of such tree.

(C) No person, with such permit shall make any excavation or install any building, structure, curb, sidewalk, driveway, foundation, wall or fence within six feet from the trunk of any such tree.

(D) No person shall do any act authorized by such a permit, without providing all protection necessary to prevent unnecessary injury therefrom to any such tree or to any person or property.

(Ord. 2859, passed - -1995)

Any action of the Director may be appealed to and heard by the City Parks and Recreation Commission. A written appeal must be filed within ten days after the decision of the Director asking for placement on the Commission’s agenda. The appeal shall clearly specify the reasons for which a hearing is requested. After a hearing, the Commission shall render its decision, which shall be final unless appealed to the City Council. To be effective, an appeal to the City Council must be in writing, stating the reasons for the appeal, and must be filed with the City Clerk within ten working days after notice of the decision of the City Parks and Recreation Commission is mailed to the applicant. The decision of the City Council shall be final.

(Ord. 2859, passed - -1995)

The city is desirous of recognizing and protecting landmark trees.

(A) With the advice of the City Parks and Recreation Commission the Director may propose criteria for the designation of landmark trees to the City Council. The criteria shall include consideration of the age, size, shape, species, location, historical association, visual quality or other contribution to the city’s character. Upon the recommendation of the Director, the City Council may designate as a “landmark tree” any tree on property under the jurisdiction of the city meeting the criteria adopted by the City Council or may rescind such designations.

(B) Landmark trees shall be removed only after approval by the City Council based on a recommendation by the Parks and Recreation Commission.

(C) Removal of landmark trees shall be based upon reasonable standards, including, but not limited to, the following:

(1) The condition of the landmark tree with respect to its general health, damage, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services and its status as host for parasitic plants, pests or diseases endangering other species of trees or plants with infection or infestations;

(2) The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property;

(3) The topography of the land and the effect of the requested action on soil retention, water retention and diversion or increased surface water;

(4) The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the city as a whole; and

(5) Good forestry practices such as, but not limited to, the number of healthy trees a given parcel of land will support.

(D) Conditions may be imposed on the removal of landmark trees, including, but not limited to, any of the following:

(1) A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with loss of a tree, limbs or encroachment into the protected zone of a landmark tree;

(2) The planting of new tree(s) off-site to offset the loss of a landmark tree;

(3) A condition requiring an objectively observable maintenance and care program be initiated to ensure the continued health and care of landmark tree(s) on the property; and

(4) Payment of a fee or donation of planting stock to the city or other public agency to be used elsewhere in the community should a suitable replacement location of the tree not be possible on-site or off-site.

(Ord. 2859, passed - -1995)

On application of any person to whom there has been issued a permit to trim, prune or remove a tree from a city right-of-way, the Director may trim, prune or remove such tree described in such permit provided the cost thereof is paid by the permittee and provided there shall first be deposited with the Director a sum determined to be the estimated cost of such work. Following completion of the work, the Director shall determine the actual cost of the work and transfer that portion of the deposit to the appropriate city fund and return the balance to the depositor. Should the original deposit be insufficient to cover the actual cost of the work, the permittee shall be liable to the city for the unpaid balance and shall promptly pay such amount to the city upon demand of the Director.

(Ord. 2859, passed - -1995)

(A) When roots of a tree planted within a city street or other public area damage curbs, gutters and sidewalks (including driveway ramps), the city shall be responsible for the appropriate corrective measures. The type of corrective measures provided shall be determined by the city, but shall be selected and performed so as to minimize damage to the tree. In the event that root or other tree-caused damage is so severe that corrective measures cannot be reasonably accomplished, or the damage recurs soon after corrective measures are performed, the tree may be removed. The Director shall be responsible for developing or approving corrective measures.

(B) When a tree planted on private property causes damage to curbs, gutters, sidewalks or utilities, the property owner shall be responsible for the appropriate corrective measures. The Director shall determine the appropriate corrective measures. The expense to effect any corrective measures is the sole responsibility of the adjacent property owner.

(Ord. 2859, passed - -1995)

It is unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from the ordinance codified in this chapter at the determination of the Director, based on standards approved by the City Parks and Recreation Commission.

(Ord. 2859, passed - -1995)

Trees in the city are public nuisances under the following conditions:

(A) Any tree on private property that has any contagious infection, disease or affliction, or any insects, which if left uncontrolled would harm a city tree;

(B) Any tree on private property that is growing, dying, dead or standing in such a manner, or that has had its ground support weakened by rain, wind or other cause, or that from any other cause is in such condition, that such tree or any part thereof is dangerous or detrimental to the public health, safety or welfare, or to any public property or street in the city, or to any person.

(Ord. 2859, passed - -1995)

Trees determined to be a public nuisance shall be dealt with pursuant to Chapter 6.01 of this code.

(Ord. 2859, passed - -1995)

(A) Any person found to be in violation of this chapter shall be subject to the penalties specified in § 1.08.010 of this code.

(B) In addition to the penalty set forth above, any person who removes, damages or destroys a tree in violation of the provisions of this section shall pay a fee equal to the cost of its replacement value. Any and all amounts paid or collected pursuant to this section shall be deposited into a revolving fund to be used by the Public Works Department for replacing and planting trees.

(Ord. 2859, passed - -1995; Ord. 2940, passed - -1998)

The Director or his or her designee is charged with the responsibility for the enforcement of the ordinance codified in this chapter and may serve notice to any person in violation thereof or institute legal proceedings as may be required, and the City Attorney is hereby authorized to institute appropriate proceedings to that end.

(Ord. 2859, passed - -1995)