Laguna Woods Municipal Code Ch. 4.26 Tree Maintenance and Removal Standards

This chapter regulates the planting, maintenance, protection, and removal of trees on public streets, parks, other City-owned property and in the public rights-of-way, and trees on nonresidential properties to the extent that the Municipal Code is effective; and it establishes the office of City Forester. This chapter also provides for the issuing of permits for the planting, maintenance, protection, and removal of trees.

(Ord. No. 07-02, § 1, 4-18-2007)

This chapter shall be known and may be cited as the City tree ordinance.

(Ord. No. 07-02, § 1, 4-18-2007)

The following terms shall have the meanings provided in this section unless their context requires otherwise:

(05) Caliper. The diameter in inches of the tree trunk 12 inches above the base of the tree.

(10) City agency. Any department, board, committee, or other entity within the government of the City.

(15) City tree or shrub. Any tree or shrub located within public rights-of-way and/or on City-owned property.

(20) DBH (diameter at breast height). The diameter of tree trunks at a height of four feet, six inches from the finished grade at the back of the tree.

(25) Person. Any natural person, contractor, corporation, firm, partnership, association, limited liability company, limited liability partnership, trust, estate, public or private utility, one or more individuals, and any unit, agency or subdivision of local government, including without limitation, a County, City, school district, water district, or special district, except for a City agency, or employees or agents thereof.

(30) Tree. Any woody plant species that can typically grow with a single or multiple trunk and a distinguishable crown and reach a height of 15 feet or greater at maturity.

(35) Significant tree.

(a) All trees and shrubs located within public rights-of-way and/or on City-owned property.

(b) All trees on nonresidential property subject to Landscape/building permit, Conditional Use Permit requirement, environmental mitigation measure or zoning ordinance requirement.

(c) Any trees identified in the City's significant tree inventory adopted by resolution of the City Council.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) The Landscape Advisory Committee is hereby established. Committee members shall be appointed pursuant to City Administrative Policy 2.1: City Advisory Committees.

(b) The Landscape Advisory Committee shall provide advice to the City Forester and/or City Council, as requested, on matters related to landscape design, maintenance and removal.

(c) The office of the City Forester is hereby established in the Community Development Department. The City Forester shall be the person designated by the City Manager to perform the duties of City Forester as set forth in this chapter.

(d) The City Forester shall have the authority to implement and enforce the provisions of this chapter and approve, deny, or unconditionally approve the permits or consents required by this chapter.

(e) The City Council shall have the authority to adopt, by resolution, rules and regulations necessary or convenient to implement the provisions of this chapter.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) City significant tree inventory. The City Forester, in conjunction with the Landscape Advisory Committee, shall maintain an inventory of significant trees within the City of Laguna Woods.

(b) Nominations for significant tree inventory. Placement of trees on the significant tree inventory shall require nomination in the following manner:

(1) Individuals wanting to nominate a tree for placement on the City's significant tree inventory may submit an application to the City Forester. All applications will be reviewed by the Landscape Advisory Committee which shall forward a recommendation to the City Council for inclusion on the City's tree inventory.

(2) The application shall include:

a. Contact information for the applicant;

b. Property owner's authorization (if different from the applicant);

c. The street address for the nominated tree(s);

d. A description of the nominated tree(s). The description should include the tree species and estimated diameter, height, crown width and age;

e. A location map. The map must clearly show the location of the proposed tree(s);

f. Digital photo of the proposed tree(s); and

g. Justification. Using the inventory criteria of this chapter, provide the basis and justification for the tree(s) being nominated.

(c) Significant tree inventory criteria. Inclusion of trees on the significant tree inventory shall be based on the following criteria:

(1) Any tree that has historical significance, including but not limited to a specimen that:

a. Was planted as a commemorative, memorial, or tribute;

b. Was planted by a person noteworthy in the City of Laguna Woods' history;

c. Is associated with or contributing to a historic structure; or

d. Was planted during a historical era significant to Laguna Woods, and recognized as a characteristic of the landscaping of that era.

(2) Any tree that has arboricultural significance, including but not limited to a specimen that is:

a. Distinctive in size, beauty, structure age as compared to other individual trees of the same species in the City;

b. An unusual species for the Laguna Woods area and/or seldom found growing in the Southern California area; or

c. Identified as playing a significant role in the landscape or architecture of a specific location.

(3) Any Southern California native tree that has a DBH of eight inches. In the case of trees with multiple trunks they will be measured below the lowest crotch at a location giving the smallest diameter or based on the single largest trunk if multiple trunks originate from the collar at ground level.

(4) Any non-Southern California native tree with a DBH of at least 24 inches. In the case of trees with multiple trunks, they will be measured below the lowest crotch at a location giving the smallest diameter or based on the single largest trunk if multiple trunks originate from the collar at ground level.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) Permits for tree removal. A permit shall be required to remove any significant tree on public or private land to which this chapter applies. Trees not specifically shown or listed on the tree removal permit shall be assumed as not permitted for removal.

(b) Criteria for permits. The City Forester shall use the following criteria to grant approval for tree removal permits pursuant to this section:

(1) Trees that are dead or in significant and irreversible decline. Significant decline is defined as dead limbs composing more than one-third of the tree crown.

(2) Trees that have a potentially hazardous and uncorrectable structure.

(3) Trees that are stunted or malformed due to crowding from adjacent trees or structures.

(4) Tress that have an insect or disease infestation that is not treatable and could cause tree mortality.

(5) Trees that are causing damage to structures as follows:

a. Sidewalks, curbs, drives, buildings, and other structures. Removal shall be granted if the cost to repair the damage exceeds the appraised value of the tree (using the method established by the International Society of Arboriculture for tree appraisal), if the process of repair will compromise the health and safety of the tree, or if the tree is determined to be incompatible with the growing space available.

b. Sewer, gas, electrical, water and other utilities. Removal shall be granted if it can be determined that the tree caused the damage to the utility. If the center of the tree trunk is located within three feet of a utility line, it is assumed to have caused the damage. It will be the applicant's responsibility to demonstrate cause if the tree is beyond three feet from the utility line.

c. Trees that have yet to cause damage to structures, but are determined to be incompatible with the growing space. The applicant shall file a comprehensive management plan with the City Forester to address phased removals and appropriate replacement prior to approval of a tree removal permit.

(6) Trees that are significantly inhibiting the utilization of the property and removal can be determined to provide public benefit. The Landscape Advisory Committee shall evaluate permits submitted under this criterion.

(c) Replacement. Unless the City Forester, for good cause, determines otherwise, trees shall be replaced by the caliper inch, such that for every inch of diameter (DBH) removed, an equal number of caliper inches shall be replaced (e.g., the removal of one twelve-inch DBH tree shall necessitate the planting of six two-inch caliper trees or four three-inch caliper trees, etc.) at a one-for-one ratio in conformance with the most current landscape plan approved by the City based on the determination of the City Forester.

(1) Trees removed on nonresidential property where existing tree density does not comply with that specified in the most current landscape plan shall be replaced at a ratio not to exceed the tree density specified in that plan based on the determination of the City Forester.

(2) In either case trees may be replaced either on site in a similar location, on site in a different location, or off-site based on the determination of the City Forester.

(3) Whenever any person is required to replace a tree pursuant to this chapter, the responsible party shall guaranty the tree's health for a period of not less than two years. Removal of a replacement tree (for any reason) planted pursuant to these regulations shall be replaced pursuant to this Code.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) Unless specifically authorized in writing by the City Forester, it shall be unlawful for any person to intentionally damage, cut, carve, transplant, or remove any significant tree, as defined in Subsection 4.26.030(35); to attach any rope, wire, nails, advertising posters, or other contrivance to any such tree; to allow any gas, liquid, or solid substance which is harmful to any such tree to come in contact with it; or to set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any such tree.

(b) No person or City agency shall deposit, place, store, or maintain any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any significant tree growing thereon, except by written permit by the City Forester.

(c) The topping of any significant tree is prohibited except as a precursor to the ultimate removal of the tree as a result of a threat to life or property.

Actions of police, fire or other emergency officials in carrying out their official duties are not subject to this provision.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) Without written permission from the City Forester, no person or City agency shall:

(1) Undertake any construction or development activity (including but not limited to the excavation of any ditches, tunnels, or trenches or the laying of payment) within the dripline of any City tree or shrub.

(2) Move or park vehicles associated with any construction or development activity, which may affect any tree or shrub on City property.

(b) Unless the City Forester, for good cause, determines otherwise, all trees on any public street or other City-owned or controlled property directly impinging on any excavation or construction of any building, structure, or street work shall be guarded as follows:

(1) For trees or shrubs with a crown spread of eight feet or less, a substantial fence, frame, or box not less than four feet high shall be placed at least at the tree's or shrub's dripline or at a distance prescribed by the City Forester; and all building material, soil, or debris shall be kept outside these barriers.

(2) For trees or shrubs with a crown spread of eight feet or more, a substantial fence, frame, or box not less than four feet high shall be placed no less than three times the distance of the total canopy spread from the trunk outward or at a distance prescribed by the City Forester and all building material, soil, or debris shall be kept outside of this barrier.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) It shall be the duty of any person owning real property bordering on a public street to ensure that trees and shrubs on that property are pruned in a manner that will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or traffic control devices, or obstruct the view of any street or alley intersection. If trees are interfering with utility wires, it is the obligation of the appropriate utility company to correct the situation.

(b) Should any person owning real property bordering on any public street fail to comply with the provisions of this chapter, the City Forester shall order the owner to take corrective action within 14 days after receipt of written notice. The order required herein shall be served by mailing a copy of it to the last known address of the property owner.

(c) When a person to whom an order is directed shall fail to comply within the specified time, the City Forester may elect, in his or her sole discretion, to have trimmed that portion of the trees or shrubs which have grown onto City property or public right-of-way so as to alleviate the conditions described in Subsection 4.26.050(a) and assess such costs to the property owner responsible for the tree or shrub.

(Ord. No. 07-02, § 1, 4-18-2007)

When plantings are to be done on projects that also require site development plan review, the City Forester shall coordinate review of the proposed planting plan.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) This chapter shall not govern any emergency activity immediately necessary to protect life, safety, or property or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on City property from unnecessary damage.

(b) Any person or City agency engaged in any action covered by Subsection (a) shall make a reasonable effort to notify the City Forester prior to commencing that action and shall, in any event, provide written notice of the emergency and the work done to the City Forester within three business days of commencing work.

(Ord. No. 07-02, § 1, 4-18-2007)

Violation of any provision of this chapter, or failing to comply with any of the requirements of this chapter, shall be deemed to be a public nuisance and may be abated as such and shall also be subject to the criminal and administrative sanctions set forth in Title 1 of this Code.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) Any person may appeal a determination of the City Forester regarding the interpretation or implementation of this Code. Any such appeal shall first be addressed to the Landscape Advisory Committee and shall be filed in duplicate with the City Clerk within ten calendar days from the date of such determination.

(b) The appeal shall set forth specifically where the determination of the City Forester fails to conform to the requirements of this Code, or other applicable law, or wherein the conditions imposed are improper.

(c) The City Forester shall bring the matter before the Landscape Advisory Committee for hearing within 30 calendar days after the date of filing the appeal. The person and the appellant, if other than the person, shall be given at least ten calendar days' notice of the Landscape Advisory Committee hearing.

(d) The Landscape Advisory Committee may affirm the determination of the City Forester or recommend a reversal or modification by making such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the Landscape Advisory Committee need not limit its review to those specific conditions, but may review the whole action taken by the City Forester. The Landscape Advisory Committee shall provide its recommendation to the City Forester upon the conclusion of the hearing. If after consideration of the Landscape Advisory Committee recommendation, the City Forester does not find grounds to modify the original determination, the applicant may appeal to City Council.

(Ord. No. 07-02, § 1, 4-18-2007)

(a) Any person may appeal a determination of the Landscape Advisory Committee or a decision by the City Forester to reject a recommendation by the Landscape Advisory Committee. Any such appeal shall be addressed to the City Council and shall be filed in duplicate with the City Clerk within ten calendar days from the date of the Landscape Advisory Committee's determination or the date of the City Forester's determination to reject a recommendation by the Landscape Advisory Committee.

(b) The appeal shall set forth specifically where the determination of the City Forester fails to conform to the requirements of this chapter, or other applicable law, or wherein the conditions imposed are improper.

(c) The City Forester shall make a report to the City Council for consideration in determining the appeal of any observations or facts regarding such determination which would answer the statements set forth in the appeal. The City Forester shall transmit to the City Clerk any such report, together with such reports on the matter.

(d) The City Council shall consider the appeal at a regular meeting within 60 calendar days following the receipt of the appeal by the City Clerk or within such time as the City Council shall continue the matter.

(e) Notice of the time and place the City Council will consider the appeal shall be mailed by the City Clerk to the applicant, and to the person who filed the appeal (if other than the applicant), and shall give at least ten days' notice.

(f) The City Council may by resolution, at a regular meeting, affirm, reverse or modify, in whole or part, any determination of the City Forester from which an appeal has been taken under this section. The resolution shall include such express findings of fact or such observations, if any, as any member or members of the City Council may desire to have included. If the City Council fails to pass such a resolution within 60 calendar days following the receipt by the City Clerk of the duplicate copy of the appeal, or within such time as the City Council continued the matter, such failure shall be deemed an affirmation of the determination of the City Forester.

(Ord. No. 07-02, § 1, 4-18-2007)