Lomita Municipal Code Ch. 2 Street Trees

The purpose of the requirements set forth in this chapter is to regulate the placement and provide for the proper selection of new trees to minimize problems on public facilities, and to establish requirements for the preservation and proper maintenance of existing trees located on public property that are deemed important to the general welfare and the benefit of the community. The Lomita city council has found and determined that the community has an interest in preserving trees as important natural resources which provide scale, color, aroma, visual buffers between land uses, and increased property values, and which contribute to the environment by improving general aesthetics, modifying temperatures by providing shade and reducing heat and glare, reducing wind velocity, purifying and replenishing oxygen, controlling soil erosion, and providing wildlife habitat. The city council has further found and determined that the regulations set forth in this chapter are necessary to attain such purpose and interest.

(Ord. No. 609, § 1, 11-15-99)

For the purposes of this chapter, the following words, terms, phrases, and their derivations shall have the meaning given herein. The word "shall" in this chapter is always mandatory. In all cases, the city manager or appointed designee shall have the right to determine the classification of any applicable city tree.

City shall mean the City of Lomita.

City tree shall mean any tree growing on property owned or controlled by the city, including, but not limited to, all streets, alleys, parkways, public places, and all easements granted to the city and/or the public.

Director shall mean the city manager for the City of Lomita or the director's designee.

Diameter at breast height ("DBH") shall mean the measurement of the diameter of a specific tree trunk at four feet, six inches (4′ 6;inches;) above finished grade.

Nuisance tree shall mean any tree with a root system that is causing damage to surrounding landscape infrastructure or in its present condition poses a danger to public health or safety or interferes with the free use of a public right of way. A nuisance tree shall include, but is not limited to:

A. Any tree which is known to reproduce itself excessively;

B. Any dead, diseased, infested, leaning, or dying tree on public property or adjoining public property so situated as to constitute a danger to street trees or streets, or any portion thereof, or the life, health, or safety of the public or adjoining public property;

C. Any tree on public property or adjoining public property which is likely to destroy, impair, or otherwise interfere with any street tree, street, or any portion thereof, sewer or other public improvements or services including, but not limited to, water utilities;

D. Any tree, or a portion of any tree, growing upon private property but overhanging or interfering with the use of any street, alley, parkway, or public place of the city which endangers the life, health, safety, or property of the public;

E. The existence of any branch or foliage on private or public property that interferes with visibility on, free use of, or access to, any portion of any street improved for vehicular or pedestrian travel.

Parkway shall mean the portion of the street between the sidewalk and the roadway for vehicular travel, or any private property adjoining the roadway over which the city or the public holds a property right.

Prominent tree shall mean any tree with an existing trunk DBH of six (6) inches or more, and having an expected mature height of fifteen (15) feet or higher, and known to survive in the Southern California environment.

Protected tree shall be either of the following:

A. A tree of historical significance specifically designated by resolution of the city council as a protected tree; or,

B. A tree that is considered an outstanding specimen of its species because of age, rarity, size, aesthetic quality or unique character.

Public place shall mean any property that is owned or controlled by the city and is open to public use.

Restoration fee shall mean a charge that will cover the estimated costs of necessary services to properly restore the crown over a period of five (5) to seven (7) years.

Street means all or any portion of property owned or controlled by the city and designated for the use of the public as a thoroughfare for travel, including, but not limited to, sidewalks, gutters, drains, roadways, alleys, medians, and parkways.

Street tree shall mean any tree growing within any street, parkway, or right-of-way.

Tree shall mean a woody perennial plant which usually has, but is not limited to, a single dominant trunk and has an expected mature height of fifteen (15) feet or more, or has an existing trunk diameter of four (4) inches or more measured at two (2) feet above finished grade.

Tree management committee will assist the director in providing regulations for the placement, maintenance, and removal of trees on public property.

(Ord. No. 609, § 1, 11-15-99; Ord. No. 699, § 1, 4-2-07)

The city shall have jurisdiction and control of the selection, planting, setting out, location, pruning, maintenance, and removal of all trees planted and growing on property owned or controlled by the city. The city also shall have jurisdiction over nuisance trees that adversely impacts adjoining property owned or controlled by the city. Representatives of the city may enter upon private or public property to examine any street tree and to administer or enforce any provision of this chapter. The entrance of a representative upon private property shall require the owner's consent or the representative shall obtain an appropriate warrant.

(Ord. No. 609, § 1, 11-15-99)

Except as otherwise provided herein, no city tree or street tree shall be planted, maintained, or removed except in conformity with the provisions set forth in this chapter. To preserve public safety and reliability in the construction, operation, and maintenance of overhead and underground electric lines and facilities, public utilities are exempt from the provisions, requirements, and restrictions of this section.

(Ord. No. 609, § 1, 11-15-99)

A. The director shall have the authority to grant a tree trimming permit, a tree removal permit, and/or a tree planting permit as required by and subject to the provisions of this chapter. The director shall further have the authority to impose any conditions on the approval of said permit as deemed necessary by the director to fulfill the purposes and intent of this chapter.

B. It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-2.01 of this Code, for any person to do any such work not specifically described in the approved permit.

C. Trees that must be removed by order of the city are exempted from the permit process.

D. Upon approved application, no permit fee will be imposed for removal of a dead or diseased tree.

(Ord. No. 609, § 1, 11-15-99)

A. Pruning of trees should conform to the pruning standards that have been adopted by the International Society of Arboriculture and/or the National Arborists Association.

B. Trees which show symptoms of insect infestation or contagious diseases may require removal, unless adequate measures have been taken to remedy the situation from spreading to trees on adjoining properties.

C. Seriously diseased or dead trees shall be treated or removed by the property owner as necessary to correct the condition or prevent the spread to city trees or eliminate the danger to public property or the danger to public safety on public property.

(Ord. No. 609, § 1, 11-15-99)

A. It is made the duty of all owners and persons having possession and control of real property within the city to water trees planted or set out within the street adjacent to their real property, including, but not limited to, parkways, in a manner to promote healthy growth.

B. Permits required.

1. Any alteration of any city tree, shall require a tree trimming permit from the city and shall be subject to all applicable provisions of this chapter. For the purposes of this chapter, "alteration" includes cutting or pruning, or filling, surfacing, grading, compacting, or changing the drainage pattern of the soil around any tree, in a manner that threatens the health of the tree. "Alteration" shall include normal and routine trimming, shaping, thinning, or pruning consistent with pruning standards adopted by the International Society of Arboriculture and/or the National Arborist Association.

2. The removal of any city tree, shall require a tree removal permit and shall be subject to all applicable provisions of this chapter.

C. Trimming and removal by city.

1. City personnel and agents shall not remove or prune a city tree except as may be provided in the provisions set forth in this chapter, unless such tree poses an immediate danger to property or public safety. If the tree is deemed an immediate danger the tree shall be removed as soon as possible at the discretion of the director without public notice.

2. During its routine course of public works maintenance activities, city personnel may trim city trees for traffic and/or pedestrian clearance, and/or for the health of the tree. The city will not trim trees for the purpose of view or aesthetic enhancement during its routine course of public works maintenance activities.

3. Pruning practices performed by city personnel or contracted by the city shall conform to the pruning standards that have been adopted by the International Society of Arboriculture and/or the National Arborists Association.

4. Eucalyptus trees shall not be pruned in the city between the period of April 1 st through October 31 st (due to insect infestation), unless performed for traffic and/or pedestrian clearance.

D. Prohibitions. It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-2.01 of this Code, for any person to perform or cause any of the following actions:

1. Damage, cut, carve, etch, hew or engrave, poison, or injure the bark or root system of any city tree except for standard root pruning procedures;

2. Top or prune any city tree in a manner that threatens the health of the tree and is not consistent with pruning standards adopted by the International Society of Arboriculture and/or the National Arborists Association;

3. Allow any gaseous, liquid, or solid substance harmful to trees to come in contact with any part of any city tree, including, but not limited to, over-watering;

4. Deposit, place, store, or maintain upon the ground surrounding any city trees any stone, brick, concrete, or other material which may impede the free passage of air, water, and fertilizer to the roots of any tree;

5. Allow any vegetated growth which includes but not limited to climbing vines or similar growth that is harmful to trees to come in contact with any part of any city tree;

6. To attach any rope, wire, nails, advertising, or other contrivance to any tree except as permitted in this chapter; or,

7. To perform or cause any act requiring a permit in accordance with this chapter without first obtaining such permit.

(Ord. No. 609, § 1, 11-15-99)

A. A protected tree, shall be maintained in a conservative manner so as to protect the health of the tree. Only authorized city personnel or city agent shall prune a protected tree.

B. The city shall maintain a list of protected trees to be developed by staff with recommendations by the city's tree management committee and approved by city council. All protected trees shall be preserved as long as judged reasonable. If necessary, variations may be imposed, i.e., streets, sidewalks, to allow for both tree survival and public safety. A protected tree shall not be removed without public notification.

C. All city pine trees in the Lomita Pines area with a diameter of twelve (12) inches or greater at the DBH, shall be given protected tree status. All reasonable efforts to save trees must be exhausted before removal will be allowed. Survival and maintenance of protected trees may be of higher priority than the aesthetics of the curb, street, or sidewalk.

(Ord. No. 609, § 1, 11-15-99)

A. Abatement of nuisance. Upon a determination by the director that a tree located adjoining public property constitutes a nuisance tree, the city shall attempt to notify the owner and occupant of the property containing the tree about the hazardous, destructive, or trespassing condition by written notice. The notice shall require the owner or occupant of said property to control the nuisance tree in such a manner as will abate the nuisance. Failure to comply with such notice within fourteen (14) days thereafter is a violation of this Code.

B. Abatement by city. If an emergency situation exists where the nuisance tree constitutes an immediate threat to public health or safety, the city, at the discretion of the director, may abate the nuisance tree emergency from adjoining public property by trimming, pruning, cutting or removing all or such portion of such tree or shrub as may be necessary to eliminate such interference, obstruction or condition on or above the public property without notice and without waiting.

C. Recovery of costs. The owner of the premises upon which the nuisance tree is located which constituted an immediate threat to public health or safety shall be liable for the entire cost of removal or maintenance by the city in compliance with this section in order to abate the nuisance. City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land. The owner of the premises from which the nuisance tree was removed or upon which it was trimmed by the city shall remit payment for recovery of costs to the city promptly after demand is made therefore. Failure to pay said demand shall result in a lien on the property.

(Ord. No. 609, § 1, 11-15-99)

A. Removal of city trees. The director shall authorize the removal of a city tree subject to provisions of this chapter only if the removal is justified for one of the following reasons:

1. The location of the city tree and/or its drip line interferes with an allowed structure, sewage disposal area, paved area, or other approved improvement or ground disturbing activity;

2. the location of a city tree and/or its drip line interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property;

3. The location of the city tree is hazardous to pedestrian or vehicular travel or safety;

4. The city tree interferes with, or is causing extensive damage to, utility services or public facilities such as roadways, sidewalks, curbs, gutters, pavement, sewer line(s) drainage or flood control improvements, building foundations of existing private and public structures, or any other municipal improvements; or,

5. The condition or location of the city tree is adjacent to, and in such close proximity to, an existing or proposed structure that the tree has or will sustain significant damage.

B. Public notice on removal of city tree. The director will notify the residents within a three hundred (300) foot radius and /or the street block of the affected area with direct mailing at least thirty (30) days prior to removal if the following conditions exist: Two (2) or more healthy trees with a DBH of ten (10) inches or greater are to be removed from a street block within a three-year period, the tree has a DBH of fourteen (14) inches or greater, the tree is on the protected tree list, a public works project involves the removal of two (2) or more parkway trees:

1. The public notification to residents will include: location of tree(s) to be removed, reason for removal, approximate date of removal, information why the tree is "red tagged" and city staff contact telephone number for further information.

2. The red tag placed on the city tree will include: non-injurious attachment to tree, city staff contact telephone number, approximate removal date, inspection 2-3 times each week by the city to assure tag is in place and replace if necessary.

(Ord. No. 609, § 1, 11-15-99)

A. No owner or person having possession and control of real property within the city may plant, or cause to be planted, any street tree without first obtaining a permit approved by the director.

B. All plantings should be in good horticultural practice as determined by the International Society of Arboriculture and/or the National Arborists Association.

C. Plantings for new developments shall conform to the landscaping standards set forth in 9-2.62 of this chapter.

D. The director shall specify the spacing and recommended size of street trees. All city trees planted will be a minimum of the 15-gallon size tree.

(Ord. No. 609, § 1, 11-15-99)

Any person responsible for the illegal topping, pruning, or removal of any city tree shall be required to pay a restoration fee to the city or replace the tree(s) by replanting a tree of equal size, significance, and prominence. The fee shall be established by the director with the following considerations:

A. An amount sufficient to permit the city to maintain the damaged tree over a period of five (5) to seven (7) years as necessary to restore it to appropriate condition.

B. If the tree cannot be fully restored within a period of five (5) to seven (7) years, the director shall fix the restoration fee at an amount sufficient to replace the tree with a like tree and maintain the new tree until it is fully established.

C. The director may require the posting of a bond in an amount sufficient to restore or replace the subject tree as a part of such process.

(Ord. No. 609, § 1, 11-15-99)

the city council shall establish, by resolution, a schedule of fees for tree removal permits and tree trimming permits required by this chapter.

(Ord. No. 609, § 1, 11-15-99)

No permit applied for in connection with any construction on any lot or parcel of land which requires a permit under the building code, where such construction has a permit value as determined by resolution adopted by city council, shall be issued until the applicant has paid to the city a parkway tree fee. The fee per tree and tree well (if applicable) for such parkway tree(s) shall be determined from time to time by a resolution of the city council. The number of parkway trees required for each lot or parcel of land for the purpose of assessing the fees shall be determined according to this section and the parkway trees shall be planted by city employees in accordance with the following requirements and at the direction of the director:

A. Parkway trees shall be required for each fifty (50) feet or a fraction thereof of frontage including side frontage. Tree wells shall be required where the parkway width between the sidewalk and curb is less than thirty (30) inches.

B. Such parkway trees shall be planted in the public right-of-way (parkway strip) between the curbing and the property line of such lot or parcel as determined by the county assessors book. If a sidewalk exists in such parkway strip without provisions for parkway trees, tree wells and trees shall be provided as part of such parkway tree requirements, provided there remains not less than four (4) feet of clear and unobstructed sidewalk after the tree wells are in place.

C. Parkway trees will not be required when adequate trees for the lot or parcel of land already exist in the parkway.

(Ord. No. 609, § 1, 11-15-99)

Any person aggrieved by the determination of the director may appeal the determination to the city council. The city council shall set the matter for hearing and give notice to the person who appeals of the time and place set for the hearing. Following the hearing, the city council shall make its determination. The city council's determination shall be final. Any person ordered to restore a tree or trees shall do so within fifteen (15) days of the city council's action on the appeal. If restoration is not completed by such date then it may be undertaken by the city. The cost of restoration shall be a lien on the property or a debt of the person who removed the tree or trees if such person does not own the property on which the trees were located.

(Ord. No. 609, § 1, 11-15-99)

Nothing in this chapter shall be deemed to impose any liability upon the city, its officers, employees, or agents for any action or failure to act which occurs on public or private property. Nor shall any provision in this chapter relieve the owner of any private property from the duty to keep any tree growing thereon in such condition as will prevent it from constituting a health or safety hazard or an impediment to travel or vision upon any street, parkway, or public place.

(Ord. No. 609, § 1, 11-15-99)

It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1.2.01 of this Code, for any person to obstruct, impede, or interfere with any representative of the city enforcing the provisions of this chapter, whether the actions by the city representative take place on public or private property.

(Ord. No. 609, § 1, 11-15-99)

Except as otherwise provided herein, the provisions of this chapter shall be enforced by the director of the city. It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1.2.01 of this Code, for any person to violate any provision or fail to comply with any of the requirements in this chapter. The director may, in his/her discretion, issue a warning or enter into an administrative settlement agreement in lieu of prosecution.

(Ord. No. 609, § 1, 11-15-99)