Laguna Niguel Municipal Code Art. 7 Tree Protections

To enhance the quality of life and the present and future health, safety, and welfare of all citizens, to enhance property values, and to ensure proper planting and care of trees on public property, the city council herein delegates authority and responsibility for managing public trees to the public works director, establishes practices governing the planting and care of trees on public property.

(Ord. No. 2024-230, § 2, 10-15-24)

As used in this article, the following words and phrases shall have the meanings indicated:

(a) Damage means any injury to or destruction of a tree, including but not limited to: Uprooting; severance of all or part the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.

(b) Director means the director of public works or their designee.

(c) Nuisance means any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.

(d) Parkway means the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.

(e) Public property means all grounds and rights-of-way (ROWs) owned or maintained by the city.

(f) Public tree means any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.

(g) Top or topping means the non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree to remove the normal canopy and disfigure the tree.

(Ord. No. 2024-230, § 2, 10-15-24)

(a) Delegation of authority and responsibility. The director shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.

(b) Coordination among city departments. All city departments will coordinate as necessary with the director and will provide services as required to ensure compliance with this article as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties.

(c) Interference. No person shall hinder, prevent, delay, or interfere with the director or their agent(s) while engaged in carrying out the execution or enforcement of this article.

(Ord. No. 2024-230, § 2, 10-15-24)

(a) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.

(b) Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.

(c) Preferred species list. The director shall approve all tree planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and shade (greater than 20 feet at maturity).

(d) Planting distances. The director shall approve spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within ten feet of a fire hydrant.

Planting trees under electric utility lines. Only trees approved as ornamental trees by the director may be planted under or within 15 lateral feet of any overhead utility wire.

(e) Protection of public trees during construction. Any person, firm, corporation, or city department performing construction near any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent damage.

(Ord. No. 2024-230, § 2, 10-15-24)

(a) It shall be unlawful for any person, firm or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director.

(b) It shall be unlawful for any person, firm or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree.

(c) It shall be unlawful for any person, firm or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the director.

(Ord. No. 2024-230, § 2, 10-15-24)